HomeMy WebLinkAboutReso 2004-084
RESOLUTION NO. 2004-084
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REGARDING THE ASSESSMENT OF
DELINQUENT SOLID WASTE SERVICE CHARGES AS
LIENS UPON THE RESPECTIVE PARCELS OF LAND AND
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
WHEREAS, in November 1998, the City Council amended the Municipal Code to
eliminate suspension of solid waste service as a remedy for failure to pay mandatory solid waste
service charges; and
WHEREAS, to ensure that all residents pay their fair share of the costs of this program,
Chapter 8.24 of the Chula Vista Municipal Code allows for delinquent solid waste service
accounts to become a continuing lien upon the property served and also charged to the property
owner on the next regular tax bill as a special assessment; and
WHEREAS, after assignment of the delinquent account to the City for collection by the
franchisee, and if the property owner has not paid the full amount of the delinquent solid waste
service charge within fifteen days after the mailing of a "Final Notice of Delinquency," a public
hearing is set to review and confirm the delinquent account before placing a lien and special
assessment on the property; and
WHEREAS, at the hearing, the City Council is to consider the delinquent accounts
together with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, the account status and property ownership on these accounts have been
verified by both Pacific Waste and staff; and
WHEREAS, property owners were notified of their delinquencies through a series of past
due notices sent by Pacific Waste until they were ultimately submitted to the City for collection;
and
WHEREAS, staff has notified property owners of the public hearing and has requested
that they pay delinquent solid waste service charges before said hearing to avoid property liens;
and
WHEREAS, the City Council held the required public hearing and considered any and all
protests and objections presented; and
WHEREAS, staff is recommending that the City Council approve the final listing of
delinquent sewer service accounts as submitted at the hearing and that these charges be
forwarded to the County for placement on the next regular tax bill for collection; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby (1) overrule any and all protests or objections presented at the public hearing; and
Resolution 2004-084
Page 2
(2) approve, with respect to the delinquent account list presented by staff and on file in the office
of the City Clerk, assessing delinquent solid waste service charges as liens upon the respective
parcels of land and the placement of such delinquent charges as a special assessment on the next
corresponding regular tax bill, unless cleared prior to transmittal of the delinquent account list to
the County.
Presented by
Approved as to form by
t
CÀ~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of March, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
None
None
ATTEST:
~fL
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITYOFCHULA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2004-084 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 16th day of March, 2004.
Executed this 16th day of March, 2004.