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HomeMy WebLinkAboutReso 2004-352 RESOLUTION NO. 2004-352 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, in November 1998, the City Council amended the Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment; and WHEREAS, to ensure that all residents pay their fair share of the costs of this program, the ordinance allows for delinquent solid waste service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, the ordinance states that upon notification to the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent; 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, staff is recommending that the City Council approve the final listing of delinquent solid waste accounts as submitted at the hearing and that these charges be forwarded to the County Assessor/Recorder/County Clerk for placement on the next regular tax bill for collection. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby: (I) Open the public hearing to consider assessing delinquent solid waste service charges as liens on the affected properties; (2) overrule any and all protests or objections presented at the public hearing; and (3) 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. Resolution 2004-352 Page 2 Presented by Approved as to form by v/ ,,-~,^, n~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 2nd day of November, 2004, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None 1i2 cLiL ATTEST: ~..u.t1 L ~~O ~ Susan Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2004-352 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 2nd day of November, 2004. Executed this 2nd day of November, 2004. "":"è::::=t IlL..-. '/-.::::2.,' ~ ~ Susan BigeIõw, MMC, City Cle