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HomeMy WebLinkAboutReso 2026-129RESOLUTION NO. 2026-129 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, the City of Chula Vista’s (“City”) Municipal Code (“CVMC”) Section 8.24.010 states that the collection of solid waste is a mandatory service and shall not be discontinued or suspended; and WHEREAS, CVMC 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, CVMC 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 CVMC provides that, prior to setting a hearing to consider a lien the Authorized Collector shall issue a ‘Final Notice of Delinquency’ and if a 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 (10) 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 p arcel and the amount owed ultimately charged to the property owner on the next regular property tax bill ; and WHEREAS, the CVMC 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 have 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 are 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; and Docusign Envelope ID: 16E60E8E-25AA-84BE-81E4-102E280172B0 Resolution No. 2026-129 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; (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 . [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: 16E60E8E-25AA-84BE-81E4-102E280172B0 Resolution No. 20226-129 Page No. 3 Presented by Approved as to form by Adrian Del Rio 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 16th day of June 2026, by the following vote: AYES: Councilmembers: Chavez, Fernandez, Inzunza, 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. 2026-129 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 June 2026. Executed this 16th day of June 2026. Kerry K. Bigelow, MMC, City Clerk Docusign Envelope ID: 16E60E8E-25AA-84BE-81E4-102E280172B0