HomeMy WebLinkAboutReso 2024-214RESOLUTION NO. 2024-214
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, Municipal Code Section 8.24.180 allows delinquent solid waste 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, Municipal Code Section 8.24.180 requires that, once solid waste fees become
more than ten days delinquent and subsequently more than ninety days delinquent, the City’s
Authorized Collector, Republic Services, shall issue a ‘Late Notice’ and ‘Final Late Notice’,
respectively, to the owner and occupant detailing the amount owed, penalty schedule, lien
procedure and associated costs and administrative fees, prior to setting the matter for public
hearing to consider a lien; and
WHEREAS, the Municipal Code provides that, prior to setting a hearing to consider a lien
the Authorized Collector shall issue a ‘Final Notice of Delinquency’ and if the account is not paid
within fifteen days after the final notice of delinquency, the matter may be set for a public hearing,
at least seven days after the fifteen day period has passed, with at least ten days advance notice
mailed to the parcel owner, notifying them of the time and place of the public hearing and that
failure to pay the delinquent amount may result in a lien upon the affected parcel and the amount
owed ultimately charged to the property owner on the next regular property tax bill; and
WHEREAS, the Municipal Code authorizes staff 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 solid waste service charges
are over ninety 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 solid waste 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.
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Resolution No. 2024-214
Page No. 2
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; 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.
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Resolution No. 2024-214
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 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. 2024-214 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
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For
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