Report: Bell Collected Thousands In Arbitrary Fines

BELL, Calif. (AP) -- The scandal-plagued city of Bell received tens of thousands of dollars from plumbers, carpet cleaners and others by seizing vehicles for alleged code violations, then pressuring the owners to pay fines, according to a report by the Los Angeles Times.

The newspaper, citing Bell city records uncovered in a Times investigation, said the practice took place for at least eight years.

Normally, code violation cases are reviewed by a judge to ensure that they are settled fairly, but Bell's citations were settled out of court with documents drawn up by city officials to look like official court papers, the Times reported.

The city records declared individuals were making a payment to the city, many within hours of being cited, as part of a "civil compromise," the Times said.

The Times reviewed 164 cases, about a third of what was filed with the city, and found only three were presented to a court. All three were dismissed.

Some of the people cited include a husband and wife passing out handbills, a taxi driver dropping off a customer, a woman selling mangoes and a homeless man picking up bottles. The fines varied from $25 to $1,000.

The program is one way that officials in one of Los Angeles County's poorest cities raised revenue to help pay the large salaries of top officials. State auditors already have concluded that Bell levied unlawful taxes and fees on its residents.

Eight current and former Bell officials have been charged with misappropriating $5.5 million in public funds. Former City Manager Robert Rizzo had a total compensation package of $1.5 million a year when numerous perks were included. All have pleaded not guilty.

During an audit of the city, state officials concluded Bell illegally collected nearly $7 million in taxes from residents, misspent millions more in bond money and misused state gas tax funds.

Interim Chief Administrative Officer Pedro Carrillo, who said he had been unaware of the program, stopped it and said code enforcement officials were no longer impounding vehicles.

Experts said the fines were legally questionable for two reasons. First, a judge didn't review the "settlements." Second, the property was taken on the grounds that it was evidence for investigations that apparently never taken place.

Mark Sellers, former Thousand Oaks city attorney, said confiscating a vehicle for a code violation is "depriving that person of an important property right without due process."

Plumber Frank Santiago was cited for not having a Bell plumber's license three years ago, when a Bell resident called about a leaking kitchen pipe. Santiago said he found nothing wrong and was backing out of the driveway when a code enforcement officer pulled up and blocked his van.

Santiago told the officer he hadn't even pulled out his tools, but he was cited and his van was towed.

He and his supervisor paid $2,200 in fines and fees for licenses for all 10 vehicles in the company fleet, according to records and interviews.

"They were just trying to get money one way or another," Santiago said. "What they did wasn't right."

In some cases, city records don't show whether the seized property was returned to owners.

City records reviewed by the Times show that the citations, impounds and settlements were overseen by Eric Eggena, who was head of code enforcement until he was fired in October. Eggena earned $421,402 annually. He didn't respond to requests for comment.

(Copyright 2010 by The Associated Press.  All Rights Reserved.)