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20C - AA - RECEIVERSHIP PROGRAM
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20C - AA - RECEIVERSHIP PROGRAM
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7/28/2016 4:37:28 PM
Creation date
7/28/2016 4:36:15 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
20C
Date
8/2/2016
Destruction Year
2021
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CITY COUNCIL MEETING DATE: <br />AUGUST 2, 2016 <br />TITLE: <br />AUTHORIZE CONTINUATION OF <br />RECEIVERSHIP PROGRAM AND <br />APPROPRIATION ADJUSTMENT <br />ALLOCATING GENERAL FUND YEAR -END <br />FUND BALANCE TO THE RECEIVERSHIP <br />PROGRAM <br />{STRATEGIC PLAN NO. 3, 3; 5, 4E} <br />/W-41w <br />* .,r- <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />FIT00-:T071ark <br />As Recommended <br />As Amended <br />❑ Ordinance on 16� Reading <br />❑ Ordinance on 2nd Reading <br />Implementing Resolution <br />Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />1. Authorize the City Attorney to continue to file receivership actions to successfully resolve <br />difficult code enforcement matters in both commercial and residential areas and retain special <br />counsel with Silver and Wright, LLP to assist initiation of receivership actions until such time a <br />new Request for Proposal is completed. <br />2. Approve an Appropriation Adjustment recognizing $100,000 from the Fiscal Year 2015 -16 <br />General Fund Balance and appropriating the same amount to the Fiscal Year 2016 -17 <br />Planning and Building Agency (General Fund) budget for receivership activities. <br />DISCUSSION <br />The City has utilized the California Health and Safety Code Receivership action to successfully <br />resolve difficult code enforcement matters in both commercial and residential areas. <br />Receivership is a legal process through which control of a real property is temporarily taken from <br />the owners and placed with a court- appointed officer; the Receiver. These receiverships are <br />used for abandoned and substandard properties where the owner has a history of noncompliance <br />with the city's code enforcement efforts or, in emergency situations, where the real property <br />presents an immediate threat to health and safety. <br />The receivership option is a comprehensive process which eliminates substandard conditions or <br />uninhabitable slum -like properties and allows the referring agency, when it is the prevailing party, <br />to recuperate its enforcement costs. This process also communicates to the public that the City <br />is actively protecting residents and tenants from dangerous conditions created by absentee or <br />non - responsive property owners. <br />20C -1 <br />
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