HomeMy WebLinkAboutReso 2023-199
RESOLUTION NO. 2023-199
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 PLACEMENT
OF DELINQUENT CHARGES ON THE NEXT REGULAR
PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY
TREASURER-TAX COLLECTOR
WHEREAS, Chula Vista Municipal Code Section 8.24.010 states that the collection of
solid waste is a mandatory service and shall not be discontinued or suspended; and
WHEREAS, to ensure that all residents pay their fair share of costs associated with this
program, Chula Vista Municipal Code Section 8.24.180 allows delinquent solid waste service
charges to be assessed as recorded liens upon the affected properties and ultimately placed on the
next regular property tax bill for collection by the County Treasurer-Tax Collector; and
WHEREAS, Section 8.24.180 requires that once solid waste fees become more than 10
days delinquent, the City contract or franchise agent shall issue late notices to the responsible
owners and occupants; and
WHEREAS, the Municipal Code further requires that if an owner or occupant is delinquent
on payment of a solid waste service bill for more than 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 Municipal Code provides that if a solid waste service bill is not paid within
15 days after the final notice of delinquency, the matter may be set for a public hearing at least
seven days after the 15-day period, following notification to the property owner; and
WHEREAS, City staff has identified certain properties for which solid waste service bills
meet the criteria for delinquency and submission for placement of property liens; and
WHEREAS, the account status and property ownership of these accounts have been
verified by both Republic Services and City staff; and
WHEREAS, property owners have been notified of their delinquencies through a series of
past-due notices sent by Republic Services until they were ultimately submitted to the City for
collection; and
WHEREAS, City 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 to the County to avoid a lien being placed on their property; and
Resolution No. 2023-199
Page No. 2
WHEREAS, City staff is recommending that the City Council approve the final list of
delinquent solid waste service accounts as submitted and that these charges be submitted to the
County for assessment as recorded liens on the respective parcels of land and ultimately placed on
the next regular property tax bill for collection; and
WHEREAS, the City Council has held the requisite public hearing and considered the
delinquent accounts together with any objections or protests 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, has held the requisite public hearing, and
considered the delinquent accounts together with any objections or protests by interested parties.
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 charges, as detailed in
the final list of delinquent solid waste service accounts presented to the City Council for its
consideration of this matter, as recorded liens on the affected parcels; (2) has heard 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 charges as recorded liens upon the
respective parcels of land and the placement of such delinquent solid waste service charges as
special assessments on the next corresponding regular property tax bills, unless cleared prior to
transmittal of the delinquent account list to the County Treasurer-Tax Collector.
\[SIGNATURES ON THE FOLLOWING PAGE\]
Resolution No. 2023-199
Page No. 3
Presented by Approved as to form by
Sarah Schoen Jill D.S. Maland
Director of Finance/Treasurer Lounsbery Ferguson Altona & Peak
Acting City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of December 2023 by the following vote:
AYES: Councilmembers: Cardenas, Chavez, Gonzalez, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2023-199 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 5th day of December 2023.
Executed this 5th day of December 2023.
Kerry K. Bigelow, MMC, City Clerk