Board of Administrative Appeals

Agenda prepared by: Office of the City Clerk (925) 779-7009 AMENDED BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Council Chambers 200 “H” Street NOVEMBER 1, 2018 3:00 P.M. 3:00 P.M. ROLL CALL Deborah Simpson, Chairperson Ademuyiwa “Ade” Adeyemi, Vice Chairperson Farideh Faraji Marie Livingston Darrell Goodbeer Vacant, Alternate PLEDGE OF ALLEGIANCE 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR OCTOBER 4, 2018 STAFF REPORT Recommended Action: Motion to approve the minutes. B. CODE ENFORCEMENT APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTHS OF AUGUST AND SEPTEMBER 2018 Recommendation: The Board of Administrative Appeals shall confirm each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property. The Board shall also direct that the same be recorded with the Contra Costa County Recorder’s Office and thereafter the assessment shall constitute a special assessment and lien against the property. STAFF REPORT  CONSENT CALENDAR – Continued C. BUSINESS LICENSE – APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR THE MONTH OF OCTOBER 2018 Recommendation: The Board of Administrative Appeals shall confirm each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property. The Board shall also direct that the same be recorded with the Contra Costa County Recorder’s Office and thereafter the assessment shall constitute a special assessment and lien against the property. STAFF REPORT 2. REGULAR AGENDA OATH for all intending to testify A. ADMINISTRATIVE CITATION NO. 6037 – APPEAL FILED BY SERGEI SAPOZHNIKOV FOR THE PROPERTY LOCATED AT 3224 MADRONE STREET, ANTIOCH, REGARDING ANTIOCH MUNICIPAL CODE “BUSINESS LICENSE REQUIRED” [§3-1.103]. STAFF REPORT B. ADMINISTRATIVE CITATION NO. 6113 – APPEAL FILED BY WINT LWIN FOR THE PROPERTY LOCATED AT 1517 C, ANTIOCH, REGARDING ANTIOCH MUNICIPAL CODE “BUSINESS LICENSE REQUIRED” [§3-1.103]. STAFF REPORT PUBLIC COMMENTS—Only unagendized issues will be discussed during this time WRITTEN/ORAL COMMUNICATIONS ADJOURNMENT Notice of Availability of Reports This agenda is a summary of the discussion items/actions proposed to be taken by the Board of Administrative Appeals. Materials provided regarding the agenda items will be available at the following website: https://www.antiochca.gov/government/agendas-and-minutes/board-of- administrative-appeals/ or at the City Clerk’s Office, City Hall, 200 H Street, Antioch, CA 94509, Monday through Friday, 8:00 a.m. to 5:00 p.m., for inspection and copying (for a fee). Copies are also made available at the Antioch Public Library for inspection. The meetings are accessible to those with disabilities. Auxiliary aides will be made available for persons with hearing or vision disabilities upon request in advance at (925) 779-7009 or TDD (925) 779-7081. Notice of Opportunity to Address the Committee The public has the opportunity to address the Board on each agenda item. To address the Board, fill out a yellow Speaker Request form, available on each side of the entrance doors, and place in the Speaker Card Tray. This will enable us to call upon you to speak. Each speaker is limited to not more than 3 minutes. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section on the agenda. No one may speak more than once on an agenda item or during “Public Comments”. PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting October 4, 2018 3:00 P.M. Council Chambers Vice Chairperson Adeyemi called the meeting to order at 3:01 P.M. on Thursday, October 4, 2018 in the Council Chambers. ROLL CALL: Present: Board Members Faraji, Livingston, Goodbeer and Vice Chair Adeyemi Absent: Chairperson Simpson Staff Present: Minutes Clerk, Kitty Eiden Finance Services Supervisor, Lisa Saunders Business License Representative, Claudia Argenal Code Enforcement Assistant, Denise Skaggs PLEDGE OF ALLEGIANCE Vice Chairperson Adeyemi led the board, staff and public in the Pledge of Allegiance. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MINUTES FOR SEPTEMBER 6, 2018 On motion by Board Member Faraji, seconded by Board Member Goodbeer, the Board of Administrative Appeals approved the Minutes for September 6, 2018. The motion carried the following vote: Ayes: Faraji, Adeyemi, Goodbeer, Livingston Absent: Simpson B. BUSINESS LICENSE – APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR THE MONTHS OF AUGUST AND SEPTEMBER 2018. Finance Services Supervisor Saunders announced there was a supplemental staff report with a revised list and amount totaling $26,871.00, to reflect several payments that had been secured. 1A 11-01-18 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting October 4, 2018 Page 2 of 2 On motion by Board Member Goodbeer, seconded by Board Member Faraji, the Board of Administrative Appeals confirmed each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property. The Board also directed that the same be recorded with the Contra Costa County Recorder’s Office. The motion carried the following vote: Ayes: Faraji, Adeyemi, Goodbeer, Livingston Absent: Simpson PUBLIC COMMENTS – None WRITTEN/ORAL COMMUNICATIONS – None ADJOURNMENT Vice Chairperson Adeyemi adjourned the Administrative Board of Appeals meeting at 3:05 P.M. to the next regularly scheduled meeting on November 1, 2018. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk 1B  STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE HEARING ON NOVEMBER 1, 2018 DATE: October 23, 2018 APPROVED BY: L. Saunders, Finance Services Supervisor SUBJECT: BUSINESS LICENSE – Approval of the Levy of Special Assessments on Certain Properties for Unpaid Business License Taxes and/or Administrative Citation(s) for the Month of October 2018 RECOMMENDATION The Board of Administrative Appeals shall confirm each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property (Attachment “A”). The Board shall also direct that the same be recorded with the Contra Costa County Recorder’s Office and thereafter the assessment shall constitute a special assessment and lien against the property. FISCAL IMPACT The action will enable the City of Antioch to collect outstanding receivables against properties for Unpaid Business License Taxes and/or Administrative Citation(s) for the month of October 2018 in the amount of $24,428.00. BACKGROUND INFORMATION Pursuant to Antioch Municipal Code §1-5.09 the City may collect any past due Administrative Citation fines, Abatements or late payment charges by use of special assessment liens and all action for recovery of money. A Notice of Intent to Record Lien (Attachment B) was sent to each property owner on October 11, 2018 who is entitled to notice reflecting the property address directly connected to conditions or activities on the subject real property, assessor’s parcel number, the municipal code violation, administrative citation fine and copy of the administrative citations. ATTACHMENT A: List of Assessments B: Notice of Intent to Record Lien ___1C__ 11/01/18  Page 1 11/1/2018 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A Lien Processing AR Customer # APN Amount Charge Site Address Owner last Owner first Mailing address 151407 C218562 066-223-021-8 $783.00 1114 W 10TH ST RAMEY TRE JAMES D 2820 VISTA WAY ANTIOCH, CA 94509 152163 C218562 066-223-021-8 $110.00 1114 W 10TH ST RAMEY TRE JAMES D 2820 VISTA WAY ANTIOCH, CA 94509 153367 C218562 066-223-021-8 $220.00 1114 W 10TH ST RAMEY TRE JAMES D 2820 VISTA WAY ANTIOCH, CA 94509 153368 C218562 066-223-021-8 $550.00 $296.00 1114 W 10TH ST RAMEY TRE JAMES D 2820 VISTA WAY ANTIOCH, CA 94509 151412 C218566 056-350-071-9 $783.00 5204 SUNGROVE WAY YRUSKI ANDREY 728A VERMONT ST SAN FRANCISCO, CA 94107 152184 C218566 056-350-071-9 $110.00 5204 SUNGROVE WAY YRUSKI ANDREY 728A VERMONT ST SAN FRANCISCO, CA 94107 153371 C218566 056-350-071-9 $220.00 5204 SUNGROVE WAY YRUSKI ANDREY 728A VERMONT ST SAN FRANCISCO, CA 94107 153372 C218566 056-350-071-9 $550.00 $296.00 5204 SUNGROVE WAY YRUSKI ANDREY 728A VERMONT ST SAN FRANCISCO, CA 94107 151397 C218556 053-272-010-9 $532.00 4408 DEERFIELD DR WONG MICHELLE WEIMIN 443 PARK SHADOW CT BALDWIN PARK, CA 91706 152173 C218556 053-272-010-9 $110.00 4408 DEERFIELD DR WONG MICHELLE WEIMIN 443 PARK SHADOW CT BALDWIN PARK, CA 91706 153363 C218556 053-272-010-9 $220.00 4408 DEERFIELD DR WONG MICHELLE WEIMIN 443 PARK SHADOW CT BALDWIN PARK, CA 91706 153364 C218556 053-272-010-9 $550.00 $296.00 4408 DEERFIELD DR WONG MICHELLE WEIMIN 443 PARK SHADOW CT BALDWIN PARK, CA 91706 151385 C218547 068-075-003-1 $783.00 508 GARY AVE WALKER TAMISHA TORRES 1070 TARA HILLS DR PINOLE, CA 94564 152178 C218547 068-075-003-1 $110.00 508 GARY AVE WALKER TAMISHA TORRES 1070 TARA HILLS DR PINOLE, CA 94564 153359 C218547 068-075-003-1 $220.00 508 GARY AVE WALKER TAMISHA TORRES 1070 TARA HILLS DR PINOLE, CA 94564 153360 C218547 068-075-003-1 $550.00 $296.00 508 GARY AVE WALKER TAMISHA TORRES 1070 TARA HILLS DR PINOLE, CA 94564 151410 C209976 066-222-012-8 $281.00 1207 W 8TH ST YESHAYAHU TRE AARON PO BOX 763 ORINDA, CA 94563 152186 C209976 066-222-012-8 $110.00 1207 W 8TH ST YESHAYAHU TRE AARON PO BOX 763 ORINDA, CA 94563 153369 C209976 066-222-012-8 $220.00 1207 W 8TH ST YESHAYAHU TRE AARON PO BOX 763 ORINDA, CA 94563 153370 C209976 066-222-012-8 $550.00 $296.00 1207 W 8TH ST YESHAYAHU TRE AARON PO BOX 763 ORINDA, CA 94563 151374 C210738 076-132-003-5 $783.00 2911 EL MONTE WAY THOMPSON TRE WENDY JEAN 2750 WINDING LN ANTIOCH, CA 94531 152181 C210738 076-132-003-5 $110.00 2911 EL MONTE WAY THOMPSON TRE WENDY JEAN 2750 WINDING LN ANTIOCH, CA 94531 153357 C210738 076-132-003-5 $220.00 2911 EL MONTE WAY THOMPSON TRE WENDY JEAN 2750 WINDING LN ANTIOCH, CA 94531 153358 C210738 076-132-003-5 $550.00 $296.00 2911 EL MONTE WAY THOMPSON TRE WENDY JEAN 2750 WINDING LN ANTIOCH, CA 94531  Page 2 11/1/2018 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A 151469 C218586 076-052-003-1 $783.00 1108 GRANADA CT REYES JOSEPH 224 HUNTINGTON DR ANTIOCH, CA 94509 152233 C218586 076-052-003-1 $110.00 1108 GRANADA CT REYES JOSEPH 224 HUNTINGTON DR ANTIOCH, CA 94509 153378 C218586 076-052-003-1 $220.00 1108 GRANADA CT REYES JOSEPH 224 HUNTINGTON DR ANTIOCH, CA 94509 153379 C218586 076-052-003-1 $550.00 $296.00 1108 GRANADA CT REYES JOSEPH 224 HUNTINGTON DR ANTIOCH, CA 94509 151464 C218581 074-440-060-7 $483.00 2410 STARLIGHT LN #166 SAEEDI TRE SARA A 50 REDDING RD CAMPBELL, CA 95008 152234 C218581 074-440-060-7 $110.00 2410 STARLIGHT LN #166 SAEEDI TRE SARA A 50 REDDING RD CAMPBELL, CA 95008 153387 C218581 074-440-060-7 $220.00 2410 STARLIGHT LN #166 SAEEDI TRE SARA A 50 REDDING RD CAMPBELL, CA 95008 153388 C218581 074-440-060-7 $550.00 $296.00 2410 STARLIGHT LN #166 SAEEDI TRE SARA A 50 REDDING RD CAMPBELL, CA 95008 151377 C218541 053-680-021-2 $783.00 2609 PITCHSTONE WAY LAU SAI C 158 W 25TH AVE SAN MATEO, CA 94403 152182 C218541 053-680-021-2 $110.00 2609 PITCHSTONE WAY LAU SAI C 158 W 25TH AVE SAN MATEO, CA 94403 153355 C218541 053-680-021-2 $220.00 2609 PITCHSTONE WAY LAU SAI C 158 W 25TH AVE SAN MATEO, CA 94403 153356 C218541 053-680-021-2 $550.00 $296.00 2609 PITCHSTONE WAY LAU SAI C 158 W 25TH AVE SAN MATEO, CA 94403 151461 C218579 068-064-011-7 $783.00 2113 RUBYE DR RUSSELL TERRI 16152 WOLF MEADOWS DR GRASS VALLEY, CA 95949 152236 C218579 068-064-011-7 $110.00 2113 RUBYE DR RUSSELL TERRI 16152 WOLF MEADOWS DR GRASS VALLEY, CA 95949 153389 C218579 068-064-011-7 $220.00 2113 RUBYE DR RUSSELL TERRI 16152 WOLF MEADOWS DR GRASS VALLEY, CA 95949 153390 C218579 068-064-011-7 $550.00 $296.00 2113 RUBYE DR RUSSELL TERRI 16152 WOLF MEADOWS DR GRASS VALLEY, CA 95949 151462 C218580 076-330-038-1 $783.00 2600 RUTGERS LN RUSTRUM STACEY 258 RANGEWOOD DR PITTSBURG, CA 94565 152235 C218580 076-330-038-1 $110.00 2600 RUTGERS LN RUSTRUM STACEY 258 RANGEWOOD DR PITTSBURG, CA 94565 153391 C218580 076-330-038-1 $220.00 2600 RUTGERS LN RUSTRUM STACEY 258 RANGEWOOD DR PITTSBURG, CA 94565 153392 C218580 076-330-038-1 $550.00 $296.00 2600 RUTGERS LN RUSTRUM STACEY 258 RANGEWOOD DR PITTSBURG, CA 94565 151453 C218571 068-152-035-9 $783.00 2710 SUNSET LN RODRIGUES JR LEE & BETTY 4694 GREENROCK CT ANTIOCH,CA 94531 152243 C218571 068-152-035-9 $110.00 2710 SUNSET LN RODRIGUES JR LEE & BETTY 4694 GREENROCK CT ANTIOCH,CA 94531 153380 C218571 068-152-035-9 $220.00 2710 SUNSET LN RODRIGUES JR LEE & BETTY 4694 GREENROCK CT ANTIOCH,CA 94531 153381 C218571 068-152-035-9 $550.00 $303.00 2710 SUNSET LN RODRIGUES JR LEE & BETTY 4694 GREENROCK CT ANTIOCH,CA 94531 151458 C218576 051-294-014-9 $783.00 1845 TREMBATH CT ROY NORMAN & DONNA 137 LAGUNA CIR PITTSBURG, CA 94565  Page 3 11/1/2018 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A 152238 C218576 051-294-014-9 $110.00 1845 TREMBATH CT ROY NORMAN & DONNA 137 LAGUNA CIR PITTSBURG, CA 94565 153385 C218576 051-294-014-9 $220.00 1845 TREMBATH CT ROY NORMAN & DONNA 137 LAGUNA CIR PITTSBURG, CA 94565 153386 C218576 051-294-014-9 $550.00 $303.00 1845 TREMBATH CT ROY NORMAN & DONNA 137 LAGUNA CIR PITTSBURG, CA 94565 TOTAL  ATTACHMENT B FINANCE DEPARTMENT PO Box 5007, Antioch, CA 94531-5007 NOTICE OF INTENT TO RECORD LIEN DATE Owner Name Mailing Address City, State, Zip SUBJECT: UNPAID BUSINESS LICENSES TAXES & ADMINISTRATIVE CITATION(S) IN THE AMOUNT OF $ XXXX.XX Address: Property Subject Address Parcel No: xxx-xxx-xx-x Customer No: CXXXXXX/3 PLEASE BE ADVISED, the City of Antioch claims a special assessment pursuant to Cal. Gov’t Code §38773.5 and Antioch Municipal Code §1-5.09 for unpaid Business License taxes, Administrative Citation(s) and penalties relating to the above referred to real property. Said taxes, fines and late penalties were not fully reimbursed to the City of Antioch within 30 days of the date of billing. On Thursday, DATE at 3:00 P.M. the ADMINISTRATIVE BOARD OF APPEALS will receive the proposed assessment for hearing and confirmation. Should you object to the proposed assessment and choose to challenge the proposed assessment at the hearing, you must submit any and all objections in writing to the City Clerk at least three (3) days prior to the date of said hearing. Failure to submit written objections to the City Clerk at least three (3) days prior to the hearing date shall constitute a waiver of any such objections and the matter may be placed on the consent calendar of the agenda for the Board of Administrative Appeals. BE FURTHER ADVISED that the amount of the assessment shall be recorded with the Contra Costa County Recorder’s office on DATE. To avoid recordation, please make payment to the City of Antioch, on or before DATE failure to respond to this notice shall not affect the validity of the proceedings. Please be aware that if a lien is recorded on your property there will be additional cost to release said lien. CITY OF ANTIOCH PO BOX 5007 ANTIOCH, CA 94531-5007 It is my desire that you will comply with this final notice, thus relieving the City of any further action. If you have any questions in this matter, please call the Business License Department at (925) 779-7059. Thank you for your immediate cooperation. Sincerely, L. Saunders Finance Services Supervisor cc: City Attorney  STAFF REPORT TO THE ADMINISTRATIVE REVIEW PANEL FOR CONSIDERATION AT THE HEARING ON November 1, 2018 DATE: October 24, 2018 PREPARED BY: Lisa Saunders, Finance Services Supervisor APPROVED BY: Dawn Merchant, Finance Director SUBJECT: ADMINISTRATIVE CITATION NO. 6037 – Appeal filed by SERGEI SAPOZHNIKOV for the property located at 3224 MADRONE ST, ANTIOCH, Regarding Antioch Municipal Code “BUSINESS LICENSE REQUIRED” [§3-1.103]. REQUEST: SERGEI SAPOZHNIKOV requests to appeal the citation fee issued by the City of Antioch on 9/12/2018 in the amount of $500. SERGEI SAPOZHNIKOV failed to comply with the Measure O ordinance after several attempts by MuniServices DBA Avenu Insights & Analytics and the City of Antioch were made. BACKGROUND INFORMATION: Measure O background information can be found in its entirety on the City of Antioch website at http://www.ci.antioch.ca.us/CityGov/Finance/BusLic.htm as Attachments A-F. The Council Meeting held on June 24, 2014, adopted Resolution No. 2014/61 to present to Voters a Measure to update the existing Business License Tax Ordinance to include a Residential Landlord Business License Tax (Attachment A). In September 2014, the “Frequently Asked Questions” document (Attachment B), was included and mailed out with water bills. The Contra Costa County Elections Division mailed the November 4, 2014 General Election Sample Ballot and Voter Informational Pamphlet (Attachment C) to all Registered Voters in the City of Antioch. The pamphlet contained the Local Measure Submitted to the Voters for the City of Antioch “Measure O – Business License Tax”. This included the Full Text, Impartial Analysis, Argument For, and Argument Against the Measure. Also included in the November 4, 2014 General Election Sample Ballot and Voter Informational Pamphlet were the Candidates running for Antioch City Council.  November 4, 2014 General Election The City Council adopted Resolution No. 2014/97 at the December 9, 2014, Council Meeting confirming canvass by the County Clerk of Contra Costa of ballots cast at the November 4, 2014 General Municipal Election. Measure O – Residential Landlord Business License Tax was approved by the Voters and Ordinance No. 2094-C-S was adopted by Council (Attachment D). 2A.WEB 11/1/2018   MuniServices Contract approved by City Council At the February 24, 2015 Council Meeting, City Council approved the contract with MuniServices after issuing a Request for Proposal (Attachment E-F) to help identify business owners in the City of Antioch. Their primary functions are to identify owners of both commercial and residential businesses, collect the revenue, and submit the applications with payment to the City of Antioch at which time the Business License Representative enters them in to the City of Antioch’s Business License System and collects any money through renewals going forward.  Regarding Antioch Municipal Code: § 3-1.103 LICENSE REQUIRED. (A) Except as provided in § 3-1.120, it shall be unlawful for any person to commence, conduct or purport to commence or conduct, either directly or indirectly, any business activity in the city without having an unrevoked license under this chapter so to do, valid and in effect at the time, and without paying the required taxes and fees therefore and complying with any and all regulations of such business provided in this chapter, unless such person is exempt under this chapter. Licensees shall promptly inform the city of any change in operation, ownership, location and/or name of licensed businesses. No person who is an employee, or who is the direct representative of a licensee, shall be required to pay a license tax for doing any part of the work of such licensee. (B) No person may advertise or announce a business activity in the city until he or she has obtained a business license, and where required by this Code, a permit. Advertising or announcement includes, but is not limited to, disseminating pamphlets or handbills, publishing newspaper announcements, electronic advertisement on the internet or otherwise, and purchasing radio and television spots. (Ord. 2082-C-S, passed 3-25-14) § 3-1.217 RESIDENTIAL LANDLORD. (A) In lieu of any other business license tax and subject to division (B) below, all those in the business of renting living quarters, including but not limited to a rental dwelling unit as defined in § 5-20.201 of the Antioch Municipal Code, shall pay the annual license amount indicated in the table immediately below based on the total number of units they are renting or have available for rent within the city and the type of unit as defined in the Municipal Code: Type of Unit Annual Tax Single family dwelling unit $250 per unit Multi-family dwelling unit including duplexes, condominiums and $150 per unit apartments 2  (B) The following living quarters are excepted from this requirement to pay a business license tax based on dwelling units but still must pay the tax based on gross receipts: (1) Those that fit within the definition of hospital, hotel, motel, and convalescent and extended care facility and residential care facility as defined in § 9-5.203 of the Antioch Municipal Code; (2) Those that are exempt as a matter of law; and (3) Those that the Director of Financial Services reasonably determines to be substantially similar in nature to one of the excepted living quarters listed above. (C) The Director of Financial Services may promulgate policies and procedures to administer this tax. (Ord. 2094-C-S, passed 12-9-14) RENTAL DWELLING UNIT AS DEFINED IN OUR MUNICIPAL CODE: “Any building or portion of a building in the city that contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, which is hired, rented or leased by a person within the meaning of Cal. Civ. Code § 1940. A "rental dwelling unit" includes a single family dwelling, either attached or detached, or a unit in a multifamily or multipurpose dwelling, or a unit in a condominium or cooperative housing project, or any room or group of rooms located within a dwelling and forming a single unit with facilities that are used or intended to be used for living, sleeping, cooking or eating. The definition of “rental dwelling unit” applies to any dwelling space that is actually used or available for residential purposes whether or not the residential use is legally permitted.” DISCUSSION SERGEI SAPOZHNIKOV received the following notifications for the rental property located at 3224 MADRONE ST requesting compliance with Measure O:  8/16/2016 MuniServices / Avenu Insights & Analytics sent 1st letter along with a declaration of information and business license application to the county records address on file at this time. (Attachment G).  9/23/2016 MuniServices / Avenu Insights & Analytics sent 2nd letter along with a declaration of information and business license application to the county records address on file at this time. (Attachment H).  10/22/2016 MuniServices / Avenu Insights & Analytics sent 3rd letter along with a declaration of information and business license application to the county records address on file at this time. (Attachment I).  9/20/2017 MuniServices / Avenu Insights & Analytics sent a follow up notice of violation to the county records address on file at this time. (Attachment J). All letters mailed by MuniServices / Avenu Insights & Analytics included an application with instructions to complete and return. 3   Per Antioch Municipal Code: § 3-1.203 PENALTIES. (A) Unless otherwise specified by the terms of a particular license, taxes are due and payable within 30 days following expiration date of the license. (B) Any business license tax not paid when it becomes due and payable shall be delinquent and the following penalties added to it as follows: (1) Ten percent of the business license tax for a delinquency after 30 days from the expiration date; (2) Thirty percent of the business license tax for a delinquency of 60 days from the expiration date plus a new application fee as provided in § 3-1.120; and (3) Fifty percent of license tax for a delinquency of 90 days from the expiration date plus a new application fee as provided in § 3-1.120. (C) Failure to pay the business license tax is a violation of the Antioch Municipal Code and a public nuisance. The city may seek any remedies available to it for such violation and public nuisance. (D) Any business operating in violation of the Antioch Municipal Code or as a nuisance is subject to water service disconnection, subject to noticing requirements under the law. (Ord. 2082-C-S, passed 3-25-14)  Per State statute of limitation: Section 6501(a) of the Internal Revenue Code (Tax Code) and section 301.6501(a)- 1(a) of the Income Tax Regulations (Tax Regulations), the IRS is required to assess tax within 3 years after the tax return was filed with the IRS. Similarly, under 301.6501(a)-1(b) of the Tax Regulations no proceeding in court by the IRS without assessment for the collection of any tax can begin after the expiration of 3 years. The final letter sent from MUNI Services on 9/20/2017 contained the following statement (fifth and sixth paragraphs) notifying that if compliance was not made, SERGEI SAPOZHNIKOV could be subject to citation from the City: Required correction: Within 15 calendar days from the date of this notice, you must contact MuniServices / Avenu Insights & Analytics, LLC by phone at 1- 800-987-0999 or in person at 200 H Street, Antioch, CA and obtain a business license for the above property or file an appeal with the office of the City Clerk. I hope you take this one-time opportunity to voluntarily abate the above violation(s) and public nuisance without the need for the City to issue Administrative Citations, which carry fines that range from $100 to $1,000 for every day the violation(s) are permitted to remain and/or take other action to compel your compliance. 4 The following actions were taken by the City when SERGEI SAPOZHNIKOV continued to fail to comply with the Measure O ordinance for 3224MADRONE ST;  12/19/2017 - No application or payment was received from SERGEI SAPOZHNIKOV through MuniServices / Avenu Insights & Analytics or the City of Antioch. Invoice No. 3403 for $783 was issued from the Business License system for business license taxes and fees due per Ordinance. The invoice was due 1/2/2018. Contra Costa County property owner information & mailing address information attached here. (Attachment K).  1/5/2018 – MuniServices / Avenu Insights & Analytics received a telephone call from SERGEI SAPOZHNIKOV who had received correspondence, SERGEI SAPOZHNIKOV advised he would be contacting the City of Antioch directly.  4/30/2018 - No application or payment was received from SERGEI SAPOZHNIKOV through MuniServices / Avenu Insights & Analytics or the City of Antioch. A $100 Administrative Citation No. 5396 was issued for non compliance with Measure O with a due date of 5/10/2018 (Attachment L).  5/22/2018 - Invoice AR153884 for $783.00 and invoice AR153885 for $110.00 was created in the City’s Accounts Receivable system and sent. (Attachment M).  5/23/2018 - No application or payment as agreed was received from SERGEI SAPOZHNIKOV through MuniServices / Avenu Insights & Analytics or the City of Antioch. A $200 Administrative Citation No. 5718 was issued for non compliance with Measure O with a due date of 6/2/2018. (Attachment N).  6/19/2018 - Invoice AR154304 for $220 was created in the City’s Accounts Receivable system and sent. (Attachment O).  9/12/2018 - No application or payment was received from SERGEI SAPOZHNIKOV through MuniServices / Avenu Insights & Analytics or the City of Antioch. A $500 Administrative Citation No. 6037 was issued for non compliance with Measure O with a due date of 9/24/2018. (Attachment P).  9/24/2018 - Property owner SERGEI SAPOZHNIKOV came in to office and complied with Measure O ordinance and filed appeal for the $500 Administrative Citation No. 6037. (Attachments Q & R). RECOMMENDATION: It is staff’s recommendation to uphold the $500 Administrative Citation No. 6037 issued on September 12, 2018 for violation of the Antioch Municipal Code Business License Required and Residential Landlord Business License Tax (Measure O). ATTACHMENTS: A. Resolution No. 2014/61 adopted at the 6/24/14 Council Meeting B. “Frequently Asked Questions” mailed out with water bill in September 2014 C. Contra Costa County Sample Ballot and Voter Information Pamphlet for Nov. 4, 2014 General Election D. Resolution 2014/97 and Ordinance No. 2094-C-S adopted at the 12/09/14 Council Meeting E. Proposal No. 946-1231-15F for Business License Discovery / Recovery F. Contract with MuniServices for Discovery / Recovery 5 G. 8/16/2016 - 1st letter mailed from MuniServices / Avenu Insights & Analytics H. 9/23/2016 - 2nd letter mailed from MuniServices / Avenu Insights & Analytics I. 10/22/2016 - 3rd letter mailed from MuniServices / Avenu Insights & Analytics J. 9/20/2017 - MuniServices / Avenu Insights & Analytics Notice of Violation mailed K. 12/19/2017 - Business License Invoice No. 3403 mailed for $783 1/5/2018 - SERGEI SAPOZHNIKOV called MuniServices / Avenu Insights & Analytics L. 4/30/2018 - Administrative Citation No. 5396 mailed for $100 M. 5/22/2018 - Accounts Receivable bill for $783 and $110 mailed N. 5/23/2018 - Administrative Citation No. 5718 mailed for $200 O. 6/19/2018 - Accounts Receivable bill for $220 mailed P. 9/12/2018 - Administrative Citation No. 6037 mailed for $500 Q. 9/24/2018 - Property owner came in and complied with Measure O ordinance R. 9/24/2018 - SERGEI SAPOZHNIKOV filed appeal for $500 Administrative Citation No. 6037 (3224 MADRONE ST) issued 9/12/2018 S. City Clerk Confirmation & Reminder letters 6  OFFICE OF THE CITY CLERK MEMORANDUM DATE: Board of Administrative Appeals Meeting on November 1, 2018 TO: Administrative Review Panel FROM: Christina Garcia, CMC, Deputy City Clerk Cg SUBJECT: Item #2B – ADMINISTRATIVE CITATION NO. 6113 Appeal filed by Wint Lwin On October 24, 2018, Ms. Lwin requested our office reschedule her Board of Appeals hearing date, which was scheduled for November 1, 2018; see attached e-mail. Her appeal has been rescheduled to be heard at the December 6, 2018 Board of Appeals meeting. cg 2B 11-01-18