HomeMy WebLinkAboutReso 2006-229
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RESOLUTION NO 2006-229
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING DELINQUENT SOLID WASTE
SERVICE CHARGES TO BE ASSESSED AS RECORDED LIENS
UPON THE RESPECTIVE PARCELS OF LAND AND
AUTHORIZING PLACEMENT OF THE DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, in order to adequately protect the City's interest in delinquent solid waste
service charges and ensure that collection efforts are directed towards the responsible property
owner in the event of a change of ownership, staff is recommending approval for liens against
affected properties as a preliminary action to placing the delinquencies on the property tax rolls if
they remain unpaid; and
WHEREAS, in November 1998, City Council amended 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 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, Section 8.24 provides that, upon notification to the property owners, a
public hearing may be set for solid waste service accounts that are over ninety days delinquent;
and
WHEREAS, at the conclusion of the hearing, the City Council, may approve the
delinquency and amount owed on the accounts, as submitted or as modified or corrected by the
City Council, and adopt a resolution assessing such amounts as liens upon the respective parcels
ofland, and authorizing placement of the amounts on the next regular property tax bill, and
WHEREAS, as these amounts are collected, the monies are remitted to Pacific Waste
Services less the City's Franchise Fees, AB939 fees and late charges; and
WHEREAS, since April 2006, Pacific Waste Services has identified and submitted 655
delinquent accounts valued at over $82,500 to the City for collection; and
WHEREAS, through the City's preliminary collection efforts, 366 accounts have been
resolved, and the remaining 289 accounts valued at $35,000 remain outstanding; and
WHEREAS, the account status and property ownership on these accounts have been
verified by both Pacific Waste and City staff; and
WHEREAS, these 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
Resolution No. 2006-229
Page 2
WHEREAS, City staff also sent out a past due letter, and last month, these property --..
owners were notified of the public hearing and were asked to pay their delinquent solid waste
service charges prior to the hearing date to avoid a lien being placed on their property; and
WHEREAS, City staff has been working with Pacific Waste to resolve any customer
disputes as they arise and payment arrangements have been set up as needed; and
WHEREAS, City Council has been provided a final list reflecting all accounts which
remain delinquent; and
WHEREAS, staff is recommending that the City Council approve the final list of
delinquent solid waste accounts as submitted, and that these charges be forwarded to the County
and assessed as liens on the respective parcels of land and ultimately placed on the next regular
tax bill for collection.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista approves certain delinquent solid waste service charges, as reflected on the final
delinquency list submitted to the City Council at the public hearing on this matter, to be assessed
as recorded liens upon the respective parcels ofland and authorizes placement of the delinquent
charges on the next regular tax bill.
Approved as to form by
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Ann Moore
City Attorney
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Resolution No. 2006-229
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of July 2006 by the following vote:
AYES.
Councilmembers:
Castaneda, Chavez, McCann, and Padilla
NAYS
Councilmembers:
None
ABSENT
Councilmembers:
Rindone
~allL
ATTEST
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Susan Bigelow, MMC, City rk
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. 2006-229 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 25th day of July 2006.
Executed this 25th day of July 2006.
~PL\
Susan Bigelow, MMC, . Clerk
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