1985-1115_HANSON, RONALD B._AgreementAGREEMENT
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THIS AGREEMENT is entered into by and between the CITY OF
SAN JUAN CAPISTRANO, a Municipal corporation, hereinafter referred
to as "City", and RONALD B. HANSON, a person, hereinafter referred
to as "Developer"
WITNESSETH:
WHEREAS, Developer has secured from City Use Permit No. 85-1
for the purpose of expanding an existing equestrian stable facility
located at 26282 Oso Road, San Juan Capistrano; and
WHEREAS, Developer seeks grading and building permits to
carry out the expansion of the equestrian facility; and
WHEREAS, the Community Development Director has determined
that Developer is in violation of condition 17 of Use Permit 85-1
by failing to remove a manure and compost pile (i.e., Municipal
Code 59-3.620(a)(7)(i)); and
WHEREAS, Developer seeks additional time within which to
remove the manure and compost pile,
NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND DEVELOPER
as follows:
(1) In consideration of Developer receiving building and
grading permits at this time, Developer hereby agrees to remove the
entire manure and compost pile by not later than 90 days from the
date of execution of this Agreement.
(2) In the event that the subject manure and compost pile
is not removed within the 90 day period, Developer agrees that City
shall have the express authorization to enter upon Developer's
property for the purpose of removing the manure and compost pile.
(3) The Department of Community Planning and Development
of San Juan Capistrano shall issue a written notice to Developer
five (5) working days prior to entering upon Developer's property
for the purpose of removing the manure and compost pile.
(4) Costs incurred by the City in removing the manure and
compost pile shall constitute a lien against the Developer's property,
should Developer not reimburse City. Cost of removal shall be
documented in accordance with Municipal Code §6-7.15. The costs
shall be confirmed by the City Council pursuant to Municipal Code
§6-7.15.
(5) City and Developer agree that collection of the lien as
an assessment on Developer's land shall be accomplished pursuant
to the procedure of Municipal Code §6-7.17, attached as Exhibit A
and incorporated herein by r erence.
Executed this ay of �� 1985, at
San Juan Capistrano, California.
Ronald B. Hanson ("Developer")
CITY OF SAN JUAN CAPISTRANO ("City")
By UVl 1 r 44
Gle n Southar
Assistant City M nager
Page 2 - Agreement
Ser— 6-7.17. AbaWnumt sad romo4alr Cosh Amur
LIM= Co11eclion.
(a) Assessments: liens. The costs of abatement in front of
or upon each parcel of land shall constitute a special assessment
against that parcel. After the assessment is made and confirmed, it
shall be a lien on the parcel.
After the confirmation of the report pursuant to Section 6.7.15
of this chapter, a certified copy of the report shall be filed with the
County Auditor on or before August 10. The descriptions of the par-
cels reported shall be those used for the saux parcels on the map
booims of the County Assessor for the current year.
The County Auditor shall enter each assessment on the County
tax roll opposite the parcel of land.
(b) Collection. The amount of the assessment shall be col-
kcmd at the time and in the manner of ordinary municipal tares. If
delinquent, the amount shall be subject to the same penalties and
1 procedures of foreclosure and safe provided for ordiaaly mumdpal
EMM.
23Z
§ 6-7.17 Seer JUAN Cemsaetao MUMMAr. Cons § 6-7.20
The Council may determine that, in lieu of collecting the entire
assessment at the time and in the: moaner of ordinary municipal,
taxes, any assessment of Fifty and ten/100ths ($50.00) Dollars or
more may be made in annual installments of not las than Five and
ten/100ths ($5.00) Dollar and collected one iastadlntent at a time at
the-nows and in the manner of ordinary municipal taxes in successive
yam•
(c) Delinquencies. If any imtallment shall be delinquent,
the amount thereof shall be subject to the same penalties and pro-
cedures for foreclosure and sale provided for ordinary municipal taxa.
The payment of assessments so deferred shall bear interest on the un-
paid balance at a rate to be determined by the Council, not to exceed
six (6%) percent per year.
(d) Alternative method. As an alterative method, the
Council may authorize the Hearing Officer to colkcr the assessments
without reference to the general taxa by issuing separate bills for the
abatement services performed.
(e) Applicable laws. Laws relating to the levy, collection,
and enforcement of County taxes shall apply to such special assess-
ment taxa.
(§ 16, Ord. 348)
EXHIBIT /7