Loading...
HomeMy WebLinkAboutCC AG PKT 2015-06-08 #E AGENDA STAFF REPORT DATE June 8, 2015 TO: Honorable Mayor and City Council THRU Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development/ Community Services SUBJECT: CODE COMPLIANCE AND CITY PROSECUTORIAL SERVICES SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6565 approving a professional services agreement with Dapeer, Rosenblit and Litvak, LLP to provide code compliance and City prosecutorial services. BACKGROUND AND ANALYSIS: For the past several years, code compliance services and public nuisance cases have been coordinated through the City's current law firm of Richards, Watson and Gershon. A number of code enforcement cases have moved forward through the process, which involved administrative appeal hearings and filings in criminal matters. Additionally, discussion between staff and the City Attorney's office often includes anticipation of permit revocation hearings that would take place before the Planning Commission or City Council. Having the same firm serve as City Attorney and City Prosecutor can complicate legal procedures because the City Attorney is expected to advise the hearing body and case law tends to hold that one attorney or one law firm cannot impartially advise the administrative hearing body to protect the appellant's rights while serving also as City Prosecutor. The City Attorney and staff concur that the City would be best served by another firm that specializes in code compliance services that would handle prosecution-related matters. A number of cities either have in-house services or utilize separate law firms. The law firm of Dapeer, Rosenblit & Litvak have provided code compliance and City prosecutorial services for the past 30 years and have contracted with over 50 cities throughout southern California. The lawyers have an excellent record of dedicated service and the prosecutors work with City staff to assist with gaining voluntary code compliance. The law firm does not require a monthly retainer and the hourly rates are generally consistent with those charged by Richards, Watson and Gershon for similar work. Agenda Item E ENVIRONMENTAL IMPACT: Approval of the professional services agreement with Dapeer, Rosenblit and Litvak, LLP is not subject to the California Environmental Quality Act. No environmental review is required. LEGAL ANALYSIS: The City Attorney has reviewed the proposed agreement and resolution and approved each as to form. FINANCIAL IMPACT: Although the not-to-exceed contract amount of $10,000 for fiscal year 2015-2016 is under the City Manager's discretion for execution purposes, this item is presented to City Council, which allows a formal introduction of the law firm. RECOMMENDATION: That the City Council adopt Resolution No. 6565 approving a professional services agreement with Dapeer, Rosenblit and Litvak, LLP to provide code compliance and City prosecutorial services. JDictor TED `�: NOTED AND APPROVED: ham, J I Ingran , City ger of Community Development/ Community Services Attachments: A. Resolution No. 6565 B. Professional Services Agreement with Dapeer, Rosenblit and Litvak, LLP C. Scope of Services and References Page 2 RESOLUTION NUMBER 6565 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH DAPEER, ROSENBLIT AND LITVAK, LLP TO PROVIDE CODE COMPLIANCE AND CITY PROSECUTORIAL SERVICES. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves that professional services agreement dated June 8, 2015 between the City of Seal Beach and Dapeer, Rosenblit and Litvak, LLP to provide code compliance and City prosecutorial services. Section 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on 8th day of June, 2015 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members ATTEST; Mayor City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Tina Knapp, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6565 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8t"day of June, 2015. City Clerk AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND DAPEER, ROSENBLIT & LITVAK, LLP This Agreement is made and entered into this day of June, 2015, by and between the City of Seal Beach, 211 8th Street, Seal Beach, California 90740, hereinafter referred to as "City", and Dapeer, Rosenblit & Litvak, LLP, a California limited liability partnership, hereinafter referred to as "Attorneys". WITNESSETH Whereas, City desires to engage Attorneys to enforce its municipal code and has and does appoint Attorneys as its City Prosecutor; and, Whereas, the principal members of Attorneys are attorneys duly licensed under the laws of the State of California and experienced in providing code enforcement services: Now, therefore, the parties hereto agree as follows: 1. Description of Work. City engages Attorneys to serve as its City Prosecutor, code enforcement attorneys and special counsel. Attorneys shall perform such services as are requested by the City Manager or his designees and are authorized to perform all services as are necessary to fulfill their assignments, including, but limited to, initiating criminal and/or civil investigations, obtaining warrants, filing criminal actions, civil actions, administrative proceedings and/or other legal proceedings to enforce the City's municipal code and to undertake all necessary and appropriate actions related thereto (collectively, the "Services"). Attorneys, as authorized by the City Manager, or his or her designee, shall appear in court, conduct investigations and discovery and to utilize all available procedures and seek all available remedies. Attorneys, upon City's request, shall provide consultation services to the City, the City Manager and his designees. Attorneys shall have access to and may review all City Records necessary to perform the Services, including police or other City reports. Attorneys shall review and consider all requests by the City's staff for criminal or civil prosecution, initiation of other actions or proceedings, obtain warrants and court orders, make determinations on whether to file complaints, prepare and serve complaints and legal documents, represent the City at court hearings, administrative hearings and other proceedings, perform necessary legal research and investigation, interview witnesses and undertake such other and further tasks as are necessary to fulfill their obligations under this Agreement. Attorneys are authorized upon request of the City Manager or his designees to provide consulting services with regard to the Seal Beach Municipal Code, including amendment thereto and advising department directors and law enforcement personnel. Attorneys shall use their independent judgment in determining whether to recommend the initiation of criminal prosecution to City, which judgment shall be in accordance with all applicable law and the highest ethical requirements of a prosecuting attorney. 2. Data Furnished Attorneys. All information, data, reports, records and maps as are existing and in the possession of City, and necessary for carrying out the Services, shall be furnished to Attorneys without charge by City, and City shall cooperate in every reasonable way in the carrying out of the work without delay. 3. Term. This Agreement shall be effective as of � 2015 and shall be and remain in full force and effect unless terminated pursuant to Section 8 herein. 4. Personnel. A) Attorneys represent that they employ, or will employ at their own expense, all personnel required to perform the services required under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with the City. B) All the services required hereunder will be performed by attorneys, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. C) Attorneys shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Attorneys' personnel practices. City shall have the right to offset against the amount of any fees due to Attorneys under this Agreement any amount due to City.from Consultant as a result of Attorneys' failure to promptly pay to City any reimbursement or indemnification arising under this Section. 5. Commencements and Completion of Work. The Services are to commence when the City Manager, or his designees, shall have referred matters to Attorneys. 6. City Representative. Attorneys shall work closely and cooperate fully with the City and its designated representatives. The designated representative shall be the City Manager or his authorized designee. 2 7. Compensation and Costs. City shall pay to Attorneys for services performed by Attorneys hereunder, within 30 days following receipt from Attorneys and approval by the City or original invoices therefor, as follows: HOURLY RATE SERVICES • General code enforcement/criminal services (including preparation of compliance letters, office conferences, obtaining warrants, preparation of documents and court appearances relating to actual or potential criminal prosecution): $165.00 per hour; ;200.00 Drafting/review of amendments to the municipal code: per hour; • Administrative proceedings before the Planning Commission, City Council, or other appointed hearing officer: $225.00 per hour; • Civil litigation services and appeals: $225.00 per hour. City shall reimburse Attorneys for the following costs: • Attorney service charges, as incurred, for service of arraignment notices and subpoenas, procurement of documents from courts and other entities, document certification fees, and for other customary services. • Any court reporter fees, as incurred, for the procurement of a transcript of a court proceeding. • Any fees or charges, as incurred, to prepare, duplicate or enlarge exhibits for any proceeding. • $15.00 for each use of commercial database providers (including Infotek, Dataquick or Courthouse Data) for investigational or background purposes in a matter. This charge is exclusive of any attorney time in reviewing this information (to be billed hourly), or other charges to Attorneys by said information providers (which shall also be billed to the City). • , Copier charges - 20 cents a page; Faxes - 25 cents a page. • Postage-As incurred. 3 • Any extraordinary costs with prior City approval. 8. Termination for Convenience. The City Council may terminate this Agreement at any time without cause by giving 30 days written notice to Attorneys of such termination and specifying the effective date thereof. In this event, all finished or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is terminated by City as provided in this Section 8, Attorneys will be paid for all services rendered by Attorneys prior to the date of termination. Attorneys may terminate this Agreement at any time without cause by giving 90 days written * notice to City of* such termination and specifying the effective date thereof. 9. Transfer of Files. In the event of termination, City and Attorneys shall cooperate in the orderly transfer of pending matters and cases to another attorney as designated by City. 10. Contract Changes. No change in the character, extent, or duration of the Services shall be made except upon approval by the City Council and execution of an amendment to this Agreement in writing between City and Attorneys. The amendment shall set forth the changes of work, the extensions of time and the adjustments of the fee to be paid by City to Attorneys, if any. 11. Insurance. Attorneys shall file and maintain on file with City at all times during the term of this Agreement, a copy of or certificate evidencing that Attorneys obtained automobile liability insurance covering all automobiles utilized by Attorneys and each of its employees in providing the Services hereunder in an amount of not less than $300,000.00 aggregate limit. The liability insurance •required hereunder, shall be written by qualified companies listed A or better in the A.M. Best's Insurance Guide and authorized to do business in the State of California. All required certificates. shall be filed with and approved by the City Attorney. In addition, Attorneys shall procure and maintain in force a legal malpractice (errors and omissions) policy in an amount of • not less than $1,000,000.00 per claim and worker's compensation insurance in accordance with Section 3700 of the Labor Code. 12. Independent Contractor. Attorneys shall be independent contractors and shall not incur, nor have the power to incur any debt, obligation or liability whatever for or against City. 13. Interests of Attorneys. Attorneys affirm that they presently have no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Attorneys. 4 14. Compliance with State Law. Attorneys shall comply with all state, and local laws and ordinances applicable to the work and shall perform the work in a manner that accords with the highest level of professional care, and ethical responsibility as required by applicable professional standards and rules of conduct. 15. Compliance with Federal Law. Attorneys shall comply with all requirements of a federally funded contractor, including those laws and regulations pertaining to the HUD CDBr Program. 16. Findings Confidential. All of the reports, information, data, or other documents prepared or assembled by the Attorneys under this Agreement are confidential and Attorneys agree that they shall not be made available to any individual or organization without the prior written approval of City or as otherwise required by law. 17. Copyright. No report or other document produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Attorneys, and all such documents may be used in any manner by the City without providing additional compensation to Attorneys. 18. Assignability. Attorneys shall not assign any interest in this Agreement, and shall not transfer any interest in the same without the prior written consent of City. Claims for money due or to become due to Attorneys from City under this Agreement may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to City. 19. Notice. Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses: Dapeer, Rosenblit & Litvak, LLP 11500 W. Olympic Boulevard, Suite 550 Los Angeles, CA 90064 City of Seal Beach 211 8th Street Seal Beach, CA 90740 Attn: City Manager 20. Oral Modification and Waiver.. This Agreement supersedes all prior proposals, Agreements and understanding between the parties and may not be changed or terminated orally, and no change, termination, or attempted waiver of any of the provisions hereof shall be 5 binding, unless in writing and signed by the party against whom the same is sought to be enforced. 21. Indemnification. (a) Attorneys shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Attorneys, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Attorneys shall defend Indemnitees, at Attorneys' own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Attorneys shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Attorneys' obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Attorneys, the City, its directors, officials, officers, employees, agents or volunteers. (b) Notwithstanding the provisions of Paragraph (a), City acknowledges that the City will defend and indemnify Attorneys from claims arising out of Attorneys' roles as code enforcement attorneys, special counsel and/or City Prosecutor for the City, except for claims arising from Attorneys' negligence or intentional misconduct, and from and against all and any claims, actions and liabilities arising from the Services performed within the scope of their duties under this Agreement. (c) The provisions of this Section 21 shall survive the termination of this Agreement. 22. Recitals. The Recitals set forth above are made a part hereof, 6 In Witness Whereof, said parties have executed this Agreement the date first hereinabove written. CITY OF SEAL BEACH By: Ellery Deaton, Mayor ATTEST: City Clerk APPROVED AS TO FORM enior Attorney DAPEER, ROSEI' B T & LITVAK, LLP By illiam Litva 7 DAPEER ROSENBLIT LITVAK LLP $0fe0_e%n9 Coir/r�un%f%e5 S%nce 19-49 FIRM PROFILE — CODE ENFORCEMENT SERVICES Section 1 Firm History 1 .1 The firm (hereafter "DRL" or the "firm") consists of partners — Kenneth B. Dapeer, Steven H. Rosenblit, William Litvak and James Eckart and eight (8) associates. The firm is "AV" rated by Martindale-Hubbell (their highest rating). All attorneys are licensed by the State of California. Fifteen support persons also assist the attorneys. William Litvak represents the firm as a Fellow of the Litigation Counsel of America, a trial lawyer honorary society dedicated to promoting diversity in the legal community. Mr. Litvak has also been named as a Super Lawyer for Southern California. 1 .2 Messrs. Dapeer and Rosenblit have served as city prosecutors since 1979. William Litvak joined the firm in 1989. James Eckart became partner in 2006. The firm has provided services to over fifty (50) cities/agencies in six (6) counties as hereafter described. 1 .3 DRL has two locations to serve our clients: Metropolitan Cities Office 2770 E. Slauson Avenue Huntington Park, CA 90255-3099 Telephone (323) 587-5221 Facsimile (323) 587-4190 West Los Angeles Office 11500 W. Olympic Blvd., Suite 550 Los Angeles, CA 90064-1524 Telephone (310) 477-5575 Facsimile (310) 477-7090 Page 1 of 13 DAPEER ROSENBLIT LITVAK LLP Section 2 Services 2.1 DRL's philosophy and commitment are to obtain voluntary code compliance whenever possible. The arts of persuasion and diplomacy are utilized with great success to achieve this objective and to either avoid or conclude litigation. However, when communication alone is insufficient to resolve a problem, our firm can utilize various remedies to obtain compliance with the law. These include administrative actions, criminal prosecution and/or civil litigation (for nuisance abatement injunctive orders and, where appropriate, receivers). Local and State codes are utilized to effectively and efficiently cause abatement of prohibited activities and conditions. The following are samples of remedies used: • Conduct Administrative hearings for nuisance abatement and revocation of licenses and land use authorizations. • Criminal Prosecution. • Civil Litigation pursuant to Code of Civil Procedure, Section 731 [Abatement of Public Nuisance by a city]. • Actions for Appointment of Receivers [CCP §564]. • Business & Professions Code Sections 17203 [Appointment of a Receiver] and 17206 (a) [Imposition of Civil Penalties] (e.g. for a landlord's maintenance of property maintenance and technical code violations (i.e., an unlawful business practice that constitutes unfair business competition). • Health & Safety Code Section 17980.1 (c) (e.g. Appointment of Receivers for Dwellings When an Agency's Abatement Orders are Ignored]. Page 2 of 13 DAPEER ROSENBUT LITVAK LLP • Health & Safety Code Section 11570 [Abatement of Narcotic Nuisances in Dwellings]. • Government Code Section 38773.5 (a) and Civil Code Section 3496 [Recovery of Attorney's Fees] when appropriate. • Red-light Abatement Actions [Penal Code Section 11225 - prostitution, lewd conduct, gambling]. • Automated Red-light Camera Enforcement Programs. [Assist in establishing and implementing programs, including contract review, police and staff training, defending programs in trial and appellate courts. • Defend Cities in response to Petitions for Writs of Mandate. • Defend Cities sued for violation of civil rights arising from code enforcement, licensing or land use actions. 2.2 DRL adapts to each City's code enforcement program and regards itself as a "team player." 2.3 DRL is typically asked to provide the following services: • Oversee investigations, analyze legal issues and make recommendations for effective enforcement programs and solutions for particular cases. • Issue "compliance letters" to violators who have ignored the City's notices of violations. • Conduct compliance conferences with violators at City Hall. • Obtain inspection warrants from the court when consent to enter a private property is refused and abatement Page 3 of 13 DAPEER ROSENBLIT LITVAK LLP warrants when City forces elect to abate a public nuisance. • Prosecute violators (whether actions are commenced by citation or complaint) to obtain court-imposed conditions of probation that achieve code compliance. Initiate probation violation hearings for future code violations that are in disregard of conditions of probation. • Initiate civil actions to preclude nuisances and other illicit activities. This extends to almost any type of prohibited condition or activity since municipal codes provide that any violation thereof is unlawful and a public nuisance. Seek the appointment of a receiver to oversee and cause the abatement of Housing Code violations and other code enforcement problems. • Provide comments to City staff regarding proposed conditions to permits and licenses, particularly when future code compliance is of concern. • At the request of the City Attorney, represent staff at administrative proceedings to declare and abate a public nuisance and for the revocation of a permit or license. • Review existing and proposed ordinances for code enforcement issues. • Upon request, provide training to City staff-persons to promote effective code enforcement procedures. Topics may include review and analysis of frequently used codes, proper inspections of code violations, the selection of the best remedy, report writing, techniques Page 4 of 13 DAPEER ROSENBLIT LITVAK LLP for eliciting prompt voluntary compliance and testimony in court. 2.4 DRL seeks the recovery of the City's investigative and other recoverable costs in obtaining code compliance as part of the disposition of court cases. Depending on the size of the code enforcement program, this can amount to substantial sums per year. Section 3 Experience and Dedication to Service. 3.1 The DRL firm brings over thirty (30) years of code enforcement experience, with over 100 years of cumulative legal experience of it's partners, to the services it provides its municipal clients. The resulting experience, wisdom and sound judgment enables the firm to expeditiously resolve both routine and complex matters with a high degree of skill and efficiency, reducing the need for, and duration and expense of, litigation. Attorney's fees are thus conserved and available to address a greater number of matters for the same code enforcement dollars. 3.2 DRL's experience is also demonstrated by effective communication and advocacy. In our contact with the public, we cultivate a sense of civic responsibility so that persons do not violate municipal codes in the first place and, should this occur, they voluntarily and promptly fulfill their legal obligations. The firm discharges its responsibilities to each City by: • Promptly returning telephone calls and responding to questions or assignments. Page 5 of 13 DAPEER ROSENBLIT LITVAK LLP • Counseling each client on the best remedy or solution to a code enforcement problem. • Providing City staff with copies of our communications to violators or their attorneys. This includes written updates regarding court appearances and other case developments. • Always discussing options to resolve a case with the City before taking action. • Regularly providing the client with a case summary. • Identifying possible civil ramifications in a code enforcement matter and promptly reporting same to the City Attorney. • Advising the client on the need for new legislation or the amendment of existing ordinances with regard to code enforcement matters. 3.3 DRL has also acted as educators in the field of code enforcement as follows: • Workshops with City councils, commissions and staff members. • Speakers at conventions of the Independent Cities Association. • Instructors for the Southern California Association of Code Enforcement Officials ("S.C.A.C.E.O"). • Instructors for the California Code Enforcement Council ("C.C.E.C."). • Lecturers, L.A. County Fire Department. • Lecturer - Artesia, Baldwin Park and Montebello Crime Free Multi-Housing Programs. Page 6 of 13 DAPEER RosENBLIT LITVAK LLP �,w v " Lecturers - CALBO Annual Meeting. Lecturers - L.A. County Housing Program. • Lectures - California Receivers Forum. aw, Lecturers - "Red-light" camera vendor conferences. 3.4 DRL has represented the following Municipal clients: Agoura Hills Los Alamitos Artesia Malibu Baldwin Park Maywood Barstow Menifee Bell Gardens Monrovia Bellflower Montclair Benicia Montebello Beverly Hills Monterey Park Calabasas Norco Carson Norwalk Cerritos Orange County Colma Palmdale Commerce Pleasant Hill Costa Mesa Pomona Covina San Bruno Culver City San Dimas Diamond Bar San Fernando Downey San Juan Capistrano Hawaiian Gardens San Marino Hemet Sierra Madre Huntington Park South El Monte Irwindale South Gate La Canada-Flintridge Temple City La Habra Heights City of Big Bear Lake Elsinore Lake Lancaster Vista Lomita West Hollywood 3.5 DRL has successfully resolved thousands of cases involving the following: Page 7 of 13 DAPEER RosENBLIT LITVAK LLP Building Codes • Illegal garage conversions, room additions, structural hazards, alterations or other construction without all required permits and approvals. • Unpermitted conversion/expansion of tenant dwellings, garages and other structures. • Actions in disregard of stop work orders. • Maintenance of unsafe buildings. • Hazardous excavations and embankments. • Grading without all required reports, permits and approvals. Zoning Codes • Improper uses in all residential, commercial and other applicable zones. • Violations of conditional use permits, temporary use permits, variances and site plan approvals. • Illegal outdoor storage. • The use of illegal screening or fencing materials. • The display of signs without permits or which are otherwise illegal. • The establishment or intensification of a use on property without submitting to a site plan or other review process. Fire Codes ■ Overcrowding in places of public assembly. Page 8 of 13 DAPEER Ro3ENBLIT LITVAK LLP • Failure to install or maintain department approved fire alarms systems and/or sprinklers in commercial structures. • Maintaining obstructions to fire doors & fire apparatus. • Improper storage of flammable substances and the maintenance of other fire hazards. Property Maintenance & Health Codes • Maintaining structures in a state of disrepair or deterioration. • Maintaining unsanitary premises. • Accumulations of junk, trash, debris and discarded items or inoperable vehicles in yard areas. • Overgrown vegetation. • Prohibited outdoor storage. Specially Regulated Activities • Activities by fortune-tellers, dance halls/club operators, junk dealers, arcade operators, private security operators, motel operators, masseurs, escort services and valet operators without the required permits, or in violation of conditions thereof. • Illegal activities by taxi operators, refuse haulers and bus bench providers. • Activities without special event and/or entertainment permits. License and Tax Codes • Unlicensed business operations. • Non-compliant hotel operators. Page 9 of 13 DAPEER ROSENBLIT LITVAK LLP • Failure to pay delinquent business taxes or transient occupancy taxes and penalties. • Illegal home occupations. Medical Marijuana Dispensaries • Counsel cities on requirements of the California Compassionate Care Act. • Undertake legal action, both prosecutions and civil litigation for violations of local zoning ordinances and business license regulations relating to the illegal operation of marijuana dispensaries. • Seek recovery of statutory penalties and damages for the illegal distribution of marijuana using Health & Safety Code Section 11570, as well as attorneys fee and costs. Massage Parlors • Enforce local and state restrictions on the operation of massage parlors. • Utilize the "Red-light Abatement Act" to obtain statutory penalties and damages, as well as attorneys fees and costs. Red-liaht Camera Enforcement Proarams • Establish protocols for the establishment and operation of Red- light Camera Systems. • Contract review. • Counseling regarding operational issues and novel challenges to the operation of the systems. • Interact with contractors to assure implementation is consistent with applicable law. Page 10 of 13 DAPEER ROSENBLIT LITVAK LLP �r • Defense of Red-light camera programs from challenges by defendants. • Handle appeals of judgments. Receivers..__hills • Our firm was one of the very first to use statutory receiverships to address substandard properties, using both Health & Safety Codes, as well as general receivership statutes. • We also regularly use receiverships to address illicit use of premises for gambling and prostitution and distribution of controlled substances, including medical marijuana dispensaries. • We work with established receivers to obtain funding for remediation and closure of properties and to obtain cost recovery for Cities. Miscellaneous Matters • Working with police/sheriff agencies to abate narcotic and Red Light nuisance violations using state law remedies as well as develop local plans to address chronic problems. • Police citations for noise disturbances, illegal peddling, drinking in public, aggressive panhandling, illegal use of public property and vicious dog bite cases. • Representing City staff in administrative proceedings involving tax issues, nuisance abatement actions, permit revocations and appeals. • Defending Cities in mandamus proceedings in the Superior Court. Page 11 of 13 DAPEER ROSENBLIT LITVAK LLP • Representing appellants and respondents in governmental and private party appeals. • Formulating or revising code enforcement programs. • Gang injunctions. • Assisting task force programs (police, fire, building planning, county health and state agencies) to reduce crime and related Housing and Building Code violations. • Overseeing "sting" operations by police/sheriff personnel regarding motel operators and illegal massage parlors. • Presenting cases to District Attorneys for possible state code misdemeanor and felony offenses. • Prosecuting injunctive actions in the Superior Court to abate continuing public nuisances. • Prosecuting related state code misdemeanor offenses with District Attorney's approval pursuant to Government Code Section 41803.5, if asked to do so by a City. • Implementing cost recovery programs. • Analyzing ordinances, or proposed amendments thereto, for code enforcement issues. Such reviews have been undertaken for zoning, fire, license, narcotic nuisance and property maintenance codes. 3.5 The following results also indicate the breadth of the firm's experience in the field of code enforcement: • Illegal hospital/medical facilities were closed. • Illegally operated massage parlors were closed. • An unlicensed and unpermitted tattoo parlor was closed. Page 12 of 13 DAPEER ROSENBLIT LITVAK LLP ■ Our firm successfully defended a lawsuit to overturn a City's closure of two massage parlors. A property owner demolished a structurally unsafe apartment building, by reason of a successfully negotiated plea agreement. ■ Delinquent transient occupancy taxes exceeding $320,000.00 have been recovered from delinquent hotel operators. • Delinquent business taxes exceeding $4,000,000 have been recovered in the past thirty-six months from business operators. ■ Successfully shut down illegal marijuana dispensaries. Contact Information Kenneth Dapeer E-Mail: kdapeer @drllaw.com Page 13 of 13 DAPEER RosENBLIT LITVAK LLP