HomeMy WebLinkAboutReso 2024-111
RESOLUTION NO. 2024-111
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 (“CVMC”) Section 8.24.010 states that the
collection of solid waste is a mandatory service and shall not be discontinued; and
WHEREAS, CVMC 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, CVMC Section 8.24.180 requires that, once solid waste fees become more
than 10 days delinquent, the City’s authorized collector shall issue late notice 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 staff for collection, which must send a final notice of delinquency, including
the amount owed, penalty schedule, lien procedure and associated costs and administrative 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 ma y be set for a public hearing, at
least 7 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 their property; and
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Resolution No. 2024-111
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.
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 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.
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Resolution No. 2024-111
Page No. 3
Presented by Approved as to form by
Sarah Schoen Marco A. Verdugo
Director of Finance/ Treasurer City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of May 2024 by the following vote:
AYES: Councilmembers: Chavez, Gonzalez, Morineau, 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. 2024-111 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 28th day of May 2024.
Executed this 28th day of May 2024.
Kerry K. Bigelow, MMC, City Clerk
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