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Mayor & City Council <br />November 5, 1999 <br />Page 2 <br />o Zochs are responsible for the assessment and the City takes no action with the fence. The <br />Zochs would then have to seek recovery from RLF Enterprises, any of its principles, or <br />possibly the current property owner. The Zochs then have to consider whether they want <br />to pursue any action against the City relative to the fence issue. <br />o The City could accept the Zochs' offer and not hold them responsible for the $1,464 <br />assessment. We could then consider a reassessment to the current property owner or <br />attempt to collect from the principles of RLF. <br />$ We could forget the assessment and not seek collection against any party given the costs <br />involved. <br />By copy of this memo, I have asked the City Attorney to do a cursory review of our options. <br />Specifically, I am asking him to look at our ability to seek a judgment against any of the <br />remaining principles of RLF. I also asked him to review the feasibility of reassessing this <br />amount to the current land owner. (Please keep in mind the current land owner would not be <br />aware of the existence of this issue either and there could be a question of equity in that regard as <br />well.) <br />From a strict interpretation, I would have to recommend the first option. However, given the <br />extenuating circumstances surrounding the fence, the Council may want to consider intervening <br />from the standpoint of fairness. While the two issues are not directly related, I feel our <br />assistance in resolving this matter to the satisfaction of the Zochs may be the right thing to do. <br />Should you have any comments or questions regarding this matter, please let me know. <br />JRH:kpp <br />cc: Mr. & Mrs. Zoch <br />Page 89 <br />