10-04-2011 CC RPT 15 - Laserfiche WebLink

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^ ��^"�:t�lt"��: (e� ,f�t�� , City Council Memorandum ity TO: HONORABLE MAYOR AND CITY COUNCIL FROM: SUBJECT ISSUE: CITY ATTORNEY DATE: October 4, 2011 ITEM NO: 15 WARD: ALL REIMBURSEMENT OF ATTORNEY'S FEES AND COSTS ASSOCIATED WITH THE RECEIVERSHIP AND SALE OF REAL PROPERTY LOCATED AT 3505 MYERS STREET — SUPPLEMENTAL APPROPRIATION The issue presented for consideration by the City Council is whether to accept reimbursement for attorney's fees and costs expended by the City Attorney's Office in connection with the receivership and sale of the real property located at 3505 Myers Street. RECOMMENDATIONS That the City Council: Approve the acceptance of $9,787.50 in attorney's fees and costs awarded to the City in the matter of City of Riverside v. Richard McDonald, et al., RCSC Case No. RIC 10024083; and 2. Increase revenues and appropriate expenditures in the amount of $9,787.50 to the Special Program Account No. 1300000 - 450242. BACKGROUND On June 7, 2011, The Riverside County Superior Court granted the City's order appointing a receiver pursuant to California Health & Safety Code section 17980.7 with respect to the dilapidated, substandard and nuisance property located at 3505 Myers Street (Ward 5). The City sought appointment of a receiver from the court only after it was unsuccessful in compelling the property owner and lender to remediate the code violations through its administrative processes. The violations included electrical hazards, unlawful electrical power sources, exposed wiring and electrical subpanel, lack of structural support for patio cover, illegal construction /remodeling without required building permits, exposed openings in walls, lack of required plumbing permits for construction, hazardous mechanical equipment, inoperative vehicles, lack of exterior structure maintenance, illegal storage of commercial vehicles, trash and debris, illegal outdoor storage, overgrown and dead vegetation, and a total lack of required landscape maintenance. 15 -1