Explanation
BACKGROUND
In July 2021, Jiechun Liu (“Mr. Liu”) owned real property located at 4348 Sunbury Avenue, Galena, OH 43021. The property owned by Mr. Liu was adjacent to real property owned by the City of Columbus that abutted the Hoover Reservoir (the “City Property”). At that time, representatives of the City’s Department of Public Utilities, Division of Water (“DOW”) observed that trees and other vegetation located on the City Property had been cut or removed. The total diameter of the trees and other vegetation that had been cut was 555.5 inches. The established value of trees and other vegetation at this time was $100/inch.
Mr. Liu acknowledged that the trees and other vegetation were cut on his behalf. Mr. Liu, either directly or through others acting on his behalf, and with the approval of DOW, planted trees or other vegetation totaling 320 inches in diameter on the City Property or at other designated locations. However, not all of the trees and other vegetation was still living one year after planting, as was required.
Mr. Liu was given multiple opportunities to either plant additional trees or other vegetation to match the diameter of the trees or other vegetation that was cut or removed from the City Property or to pay for the value of the trees or other vegetation that had been cut or removed and not replaced. Mr. Liu failed to do so.
Thus, on August 4, 2023, the City filed a Complaint against Mr. Liu in the Delaware County Court of Common Pleas, seeking damages including $100/inch of diameter for trees and other vegetation cut or removed from the City Property that was not replaced.
DOW has decided that it is in the best interest of the City to resolve its above-described dispute with Mr. Liu by means of a settlement agreement. Therefore, this Ordinance is being submitted for City Council approval to authorize the City Attorney to enter into a settlement agreement with Mr. Liu to resolve the dispute between the City and Mr. Liu whereby in exchange for payment by Mr. Liu to the City of $25,000 the City would dismiss pending claims against him, along with related terms and conditions. The Director of the Department of Public Utilities is an agreement with this resolution.
This Ordinance is being submitted to City Council per Section 335.012 of the Columbus City Code because the estimated value of the settled claim(s) exceeds $20,000.00.
FISCAL IMPACT: This ordinance will have no fiscal impact on the City as the settlement agreement allows the City to recover funds necessary to replace the trees and other vegetation cut or removed from the City Property.
Title
To authorize the City Attorney to enter into a settlement agreement with Jiechun Liu in the case of City of Columbus v. Jiechun Liu, Delaware County Court of Common Pleas Case No. 23 CV C08 0550 and to accept deposit of $25,000.00 into the Division of Water, Land Stewardship Fund. ($25,000.00).
Body
WHEREAS, in July 2021, representatives of the Department of Public Utilities, Division of Water (“DOW”) observed that trees and other vegetation located on City-owned property abutting the Hoover Reservoir (the “City Property”) had been cut or removed; and
WHEREAS, in July 2021 Jiechun Liu owned real property adjacent to the City Property on which trees and vegetation had been cut or removed and DOW determined that the trees or other vegetation cut or removed from the City Property had been cut or removed by persons acting on behalf of Mr. Liu; and
WHEREAS, the trees or other vegetation cut or removed from the City Property, as measured by diameter in inches, have been partially, but not fully, replaced; and
WHEREAS, in August 2023, the City of Columbus filed suit against Mr. Liu in City of Columbus v. Jiechun Liu, Delaware County Court of Common Pleas Case No. 23 CV C08 0550, seeking damages related to the cutting or removal of the trees or other vegetation from the City Property; and
WHEREAS, Mr. Liu and DOW have reached an agreement as to the appropriate resolution of the City of Columbus’ claims against Mr. Liu in City of Columbus v. Jiechun Liu, Delaware County Court of Common Pleas Case No. 23 CV C08 0550; and
WHEREAS, it is necessary to authorize the City Auditor to deposit the funds into the Land Stewardship Fund in accordance with Section 1117.06 of the Columbus City Codes; and
WHEREAS, it is in the best interest of the City of Columbus to authorize the City Attorney to enter into a settlement agreement with Mr. Liu to resolve the above-referenced litigation; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Attorney is hereby authorized to enter into a settlement agreement with Jiechun Liu to resolve pending litigation brought by the City of Columbus against Mr. Liu related to the cutting or removal of trees or other vegetation on property owned by the City of Columbus.
SECTION 2. That the City Treasurer is hereby authorized and directed to accept the settlement payment in the amount of $25,000.00 for the City of Columbus.
SECTION 3. That the City Treasurer is hereby authorized and directed to deposit $25,000.00 into the Land Stewardship Fund in accordance with Section 1117.06 of the Columbus City Codes.
SECTION 4. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.