HomeMy WebLinkAboutReso 2012-252RESOLUTION NO. 2012-252
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID
WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND AND APPROVING
THE PLACEMENT OF DELINQUENT CHARGES ON THE
NEXT REGULAR TAX BILL FOR COLLECTION
WHEREAS, in November 1998, the City Council amended Municipal Code Section
8.24.180 to eliminate suspension of solid waste service for nonpayment; and
WHEREAS, to ensure that all residents pay their fair share of the costs of this program
the ordinance allows for delinquent solid waste service charges to be assessed as recorded liens
upon the affected properties and ultimately placed on the property tax bills for collection; and
WHEREAS, Section 8.24.180 requires that, once solid waste fees become more than ten
days delinquent, the City's contract or franchise agent shall issue late notices to the responsible
owners and occupants; and
WHEREAS, the Section further requires that, if an owner or occupant is delinquent on
payment of a solid waste bill for a period of 90 days, the account shall be assigned to the City for
collection, which must send a "final notice of delinquency," including the amount owed, penalty
schedule, lien procedure and associated costs and administration fees, prior to setting the matter
for hearing to consider a lien; and
WHEREAS, the Section provides that, if a solid waste service charge is not paid within
15 days after the final notice of delinquency, the matter may be set for a public hearing, at least
seven calendar days after the 15-day period, following notification to the property owners; and
WHEREAS, the account status and property ownership of these accounts have been
verified by both Allied Waste and City staff; and
WHEREAS, these property owners have been notified of their delinquencies through a
series of past due notices sent by Allied Waste, until they were ultimately submitted to the City
for collection; and
WHEREAS, staff has notified the property owners of the public hearing and these owners
were asked to pay their delinquent solid waste service charges prior to transmittal of the
delinquent account list to the County to avoid a lien being placed on their property; and
WHEREAS, staff is recommending that the City Council approve the final list of
delinquent solid waste service accounts as submitted, and that these charges be forwarded to the
County and assessed as recorded liens on the respective parcels of land and ultimately placed on
the next regular tax bill for collection; and
Resolution No. 2012-252
Page No. 2
WHEREAS, the City Council has held the requisite public heazing and considered the
delinquent accounts together with any objections or protests presented by interested parties; and
WHEREAS, at the conclusion of the hearing the City Council approved the delinquency
and amount owed on the accounts as submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it: (1) has considered assessing certain delinquent solid waste service chazges, as
detailed in the final list presented to the City Council for its consideration of this matter, as
recorded liens on the affected properties; (2) has heazd and overruled any and all protests or
objections presented at the public hearing on this matter; and (3) approves, with respect to the
delinquent account list submitted to the City Council and on file in the City Finance Department,
assessing delinquent solid waste service chazges as recorded liens upon the respective pazcels of
land and the placement of such delinquent chazges as special assessments on the next
con•esponding regular tax bills, unless cleared prior to transmittal of the delinquent account list
to the County.
Presented by
i
Man Kachadoorian
Dire for of Finance /Treasurer
Approved as to form by
]en R. oogins
~t Att ey
Resolution No. 2012-252
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1 lth day of December 2012 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, or
ATTEST:
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Donna R. Norris, MC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2012-252 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the ] lth day of December 2012.
Executed this 11th day of December 2012.
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Donna R. Norris, CMC, City Clerk