HomeMy WebLinkAboutReso 2016-143 RESOLliTIO?v NO. 2016-143
RESOLUTIOI`T OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAII�' DELINQU�I�'T SOLID
A'.ASTE SERV"ICE CHARGES AS RECORDED LIE1�'S UPON
THE RESPECTIVE PARCELS OF L.A?�TD AND APPROVI?�'G
PL.4CEMENT OF DELINQUEI�TT CHARGES O?�' THE NE3�T
REGULAR TAX BILL FOR COLLECTION
R'HEREAS, in No��ember 1998, the Cim Council amended Municipal Code Section
8?4.180 to eliminate suspension of solid N�aste sen�ice for nonpa}'ment; and
N'HEREAS, to ensure that all residents pa} their fair share of the costs of this program
the ordinance allows for delinquent solid N�aste sen�ice charges to be assessed as recorded liens
upon the affected properties and ultimatelv placed on the propertq taa: bills for collection: and
W"HEREAS, Section 8.24.180 requires that, once solid ��aste fees become more than ten
davs delinquent the Cit��'s contract or franchise agent shall issue late notices to the responsible
owners and occupants; and
WHEREAS. the Section further requires that, if an o��ner or occupant is delinquent on
pa}�ment of a solid N-aste bill for a period of 90 da��s, the account shall be assigned to the Cin� for
collection, �ti�hich must send a "final notice of delinquenc};" includine the amount owed, penalty
schedule. lien procedure and associated costs and administration fees, prior to setting the matter
for hearin¢ to consider a lien: and '
WHEREAS, the Section provides that, if a solid ���aste sen�ice charge is not paid within
1� da��s after the final notice of delinquency. the matter may be set for a public hearine, at least
seven calendar da�s after the 1�-da} period, follo�vine notification to the propert}� owners; and
�i'HEREAS. the account status and propert}� o«nership of these accounts have been
verified b}� both Republic Semices and City staff_ and
WHEREAS. these propem o��ners ha��e been notified of their delinquencies throueh a
series of past due notices sent by Republic Senices. until the�� �iere ultimatel}� submitted to the
Citv for collection: and
WHEREAS, staff has notified the propem o�ners of the public hearing and these o«mers
were asked to pa} their delinquent solid waste service charaes prior to transmittal of the
delinquent account list to the County to avoid a lien being placed on their propem; and
VIHEREAS, staff is recommendine that the City Council approve the final list of
delinquent solid �vaste service accounts as submitted, and that these char�es be for«�arded to the
Countv and assessed as recorded liens on the respective parcels of land and ultimatelv placed on
the nezt reeular taa bill for collection: and
Resolution No. 2016-143
Pace No. 2
WHEREAS_ the Cit�� Council has held the requisite public hearine and considered the
delinquent accounts to�ether ��ith any objections or protests presented by interested parties; and
R'HEREAS, at the conclusion of the hearing, the Citv Council approved the delinquenc}�
and amount owed on tbe accoun[s as submitted.
NOV�r_ THEREFORE, BE IT RESOLVED by the City Council of the Ciry 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 heard and overruled any and all protests or
objections presented at the public hearine on this matter; and (3) approves assessing delinquent
solid waste sen�ice charges as recorded liens upon the pazcels of land identified in the final
delinquent sewer service account list; in the form submitted to the Ciry Council and on file in the
City Finance Department: and (4) authorizes the placement of such delinquent charges as special
assessments on the neat corresponding regulaz tax bills, unless cleared prior to transmitta] of the
delinquent account list to the County.
Presented b}� Approved as to form by
� ` �
�, �, �=
David Bilby, MSBA, PFO Gl n R. G gins � �
Director of Finance/Treasurer Ci y Atto y
Resolution No. 2016-143
Pa�e No. 3
PASSED. .APPROVED. and .4DOPTED b� the Cin Counci] of the Cit�� of Chula Vista.
Califomia_ this 12th dav of Julv 2016 bv the folloN'ine vote:
AYES: Councilmembers: A�uilar. Bensoussan. McCann. and Salas
?�'AYS: Councilmembers: None
ABSEI�'T: Councilmembers: None
.ABSTAIN: Councilmembers: Miesen
. �
Maz�� S as. !�4avor
ATTEST:
� , / �
Donna R. I�oms. CM . Cirv Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA \'ISTA )
I. Donna R. I�'orris. Cin� Clerk of Chula Vista. Califomia. do hereb�' certifi- that the fore�oine
Resolution No. 2016-143 ���as dul�� passed, approved, and adopted by the City Council at a
reeular meetins of the Chula Vista Cirv Council held on the 12th dav of Julv 2016.
Executed this 12th da��of Jul�� 2016.
Donna R. 1�'oms. C. Citv Clerk