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HomeMy WebLinkAboutReso 2024-213RESOLUTION NO. 2024-213 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER 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 13.14.150 allows delinquent sewer service charges, including all penalties, interest and administrative fees to be charged to the property owner, assessed as a recorded lien upon the affected parcel and ultimately placed on the next regular property tax bill for collection; and WHEREAS, Section 13.14.150 requires the City to hold a public hearing, no sooner than seven days after a sixty-day delinquency period has passed, with at least ten days advance notice mailed to affected property owners, notifying them of the time and place of the public hearing and that failure to pay the delinquent account may result in a lien upon the affected parcel and the amount owed ultimately charged to the property owner on the next regular tax bill; and WHEREAS, Section 13.14.150 authorizes City staff to charge an administrative processing fee to offset the costs incurred in administering the provisions of the public hearing and lien assessment processes, as applicable, and designated in the master fee schedule to include the Lien Recording Fee, Recorded Item Non-Payment Penalty, Lien Payoff Demand Letter Fee and Lien Release Fee; and WHEREAS, Staff has identified certain properties for which sewer service charges are over sixty days delinquent and that account status and property ownership have been verified, and that property owners have been notified of the delinquencies through a series of notices and notified of the time and place of the public hearing and is recommending that the City Council approve the list of delinquent sewer service accounts as submitted and that these charges be submitted to the County Assessor’s Office as recorded liens on the respective parcels of land and ultimately placed on the next regular property tax bill for collection by the County Treasurer -Tax Collector. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it (1) has considered assessing certain delinquent sewer service charges, as detailed in the list of delinquent sewer 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 sewer service charges as recorded liens upon the respective parcels of land and t he placement of such delinquent sewer 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; and (4) approves the assessment of applicable administrative fees in association with the staff costs of recording, processing and release of the liens and recovery of fees imposed by the County as per the Master Fee Schedule. Docusign Envelope ID: B140DFF1-18C1-4B5A-808B-179F8B960E81 Resolution No. 2024-213 Page No. 2 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 12th day of November 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. 2024-213 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of November 2024. Executed this 12th day of November 2024. Kerry K. Bigelow, MMC, City Clerk Docusign Envelope ID: B140DFF1-18C1-4B5A-808B-179F8B960E81 For For