HomeMy WebLinkAbout8.2 Weed Abate Release LienG~~~ OF DU~~2
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STAFFREPORT CITY CLERK
DUBLIN CITY COUNCIL File # ^~0~-~[~]
DATE: May 17, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJECT: Proposal to Release City Weed Abatement Liens on Property Owned by Syed
Bukhari
Prepared By: John D. Bakker, City Attorney
EXECUTIVE SUMMARY:
Syed Bukhari has requested that the City consider accepting a payment of $8,000, in exchange
for the City asking that the County of Alameda release a weed abatement lien on his property in
Dublin.
FINANCIAL IMPACT:
If the City Council elects to accept Mr. Bukhari's proposal, the City would receive a payment of
$8,000 in satisfaction of a weed abatement lien on his property in the amount of $7,640 that
was originally imposed in 2003. If the City rejects Mr. Bukhari's proposal, the City could either
be entitled to substantially more than $8,000, due to the penalties that have been assessed on
the original amount, or it might ultimately receive only the original amount of the lien due to the
fact that Mr. Bukhari is currently in bankruptcy proceedings.
RECOMMENDATION:
Staff recommends that the City Council consider Mr. Bukhari's request that the City accept a
payment of $8,000 in full satisfaction of the weed abatement lien on his property and provide
direction to Staff regarding whether to accept the offer.
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Submitted By Revie e~By
City Attorney Assistant City Manager
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DESCRIPTION:
In 2002, pursuant to the Chapter 5.70 of the Dublin Municipal Code, the City Council authorized
the City to engage in weed abatement activities on two adjacent parcels in the City of Dublin
owned by Syed Bukhari that had become overgrown with weeds. The City contracted with
Andy's Brush Clearing Service in August 2002, and the total cost of the weed abatement
activities was $7,640. This amount was then imposed as a special assessment lien upon Mr.
Bukhari's parcels.
Since that time, statutory penalties and interest have accrued on the original amount due to Mr.
Bukhari's non-payment of the original amount. Although we have been unable to determine the
precise amount currently owed by Mr. Bukhari that is attributable to the original Dublin lien, it is
believed to be at least $15,000. ln the event that Mr. Bukhari was to pay the full amount of the
property tax owed, the City would be entitled to both the original amount plus the interest and
penalties assessed on that amount. The City has also tearned that Mr. Bukhari has initiated
bankruptcy proceedings. While the original lien amount of $7,640 is not impacted by these
proceedings, it is possible that the bankruptcy court might issue an order reducing the amount
of penalties and interest to which the City would be entitled.
Mr. Bukhari has asked that the City consider accepting $8,000 in complete satisfaction of the
amounts owed under the lien and informing the County of this fact. We understand from the
County that if the City provided a letter indicating that the lien has been satisfied it would
"remove'' the lien, including the penalties and interest.
Although the City is currently entitled to payment of significantly more than $8,000 when
penalties and interest are included, the City .could justify payment of less than that amount
based on the time it will take for the bankruptcy proceedings to be resolved, and based on the
fact that it is at least possible that the Bankruptcy Court could eliminate the entirety of the
penalty and interest amount, leaving the City entitled to only $7,640. Should the City Council
direct staff to accept Mr. Bukhari's proposal, the City woufd not send anything to the County
unless and until a payment was actually received from Mr. Bukhari.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
No special noticing requirements apply to this agenda item. A copy of this Staff Report was
shared with Mr. Bukhari prior to this meeting.
ATTACHMENTS: None.
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