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Home My WebLink About2007/07/10 Item 10 CITY COUNCIL AGENDA STATEMENT ~\~ em OF .~~ CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: JULY 10,2007, Item--1Q PUBLIC HEARING: REGARDING THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES OF THE NEXT REGULAR TAX BILL FOR COLLECTION RESOLUTION NO. ASSESSING CERTAIN 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 DIRECTOR OF FINANCE/TREASURER fJ fA- MIL CITY MANAGER 4/STHS VOTE: YES D NO [KJ BACKGROUND 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. Adoption of this resolution will enhance the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensure that payment will be received on a more timely basis. This is the identical process approved by City Council on a regular basis since 2001. RECOMMENDATION That Council open the public hearing to consider assessing delinquent solid waste service charges as recorded liens on the affected properties, consider all testimony, and adopt the resolution overruling all protests and assessing these charges as liens upon the respective parcels ofland. 10-1 JULY 10, 2007, Item 10 Page 2 of3 BOARDS/COMMISSION RECOMMENDA nON Not Applicable DISCUSSION In November 1998, City Council amended Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment. 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 recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. 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. Lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Allied Waste Services less the City's Franchise Fees, AB939 fees and late charges. In April 2007, City Council approved 555 delinquent accounts valued at $75,000 to be placed on the property tax bills for collection. Since then, Allied Waste Services has identified and submitted an additional 1,082 delinquent accounts valued at over $102,300 to the city for collection. Through the City's preliminary collection efforts, 826 accounts have been resolved, and the remaining 256 accounts valued at $26,700 are now being submitted (listing available at the Finance Department). The account status and property ownership on these accounts have been verified by both Allied Waste and City staff. Many of these delinquent accounts have gone through the lien process before as they continue to remain unpaid. These property owners were notified of their delinquencies through a series of past due notices sent by Allied Waste until they were ultimately submitted to the City for collection. City staff sent out past due letters within the past 60 days, and again two weeks ago, these property owners were notified of the public hearing and were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a lien being placed on their property. City staff has been working with Allied Waste to resolve any customer disputes as they arise and payment arrangements have been set up as needed. Staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing in order to reflect the most current payment postings. Staff is recommending that the City Council approve the [mal list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the County and 10-2 JULY 10, 2007, 1tem~ Page 3 of3 assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the properties which are the subject of this action. FISCAL IMPACT By using the property tax bill as the ultimate collection method for delinquent solid waste service charges, the City should realize a total of approximately $50,000 in Franchise Fees, AB939 Fees and late charges for FY 06-07. From this action alone, the City should realize approximately $4,800 in revenues with $21,900 being forwarded to Allied Waste Services. ATTACHMENTS Solid Waste Delinquent Account List Prepared by: Nadine Mandery, Treasury Manager, Finance Department 10-3 July 02, 2007 Account 97127 176242 175462 60193 98564 180317 156750 154734 131166 182991 10812 184775 162207 184696 175446 167530 176501 184428 92947 150083 171424 37125 163362 180206 164334 184429 180098 150323 102246 184658 146849 133664 168253 152709 89150 185189 \)?ltn~ uuJ- Tf'cI~h I1ccvulI.t- us{- ~{f? :~_: - - -- ~~~~ -~-:...~ erlY OF CHUlA VISTA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $135.56 $78.52 $120.65 $96.90 $92.87 $103.95 $155.74 $92.87 $103.95 $103.96 $92.87 $126.09 $92.87 $173.63 $92.87 $78.52 $131.76 $113.60 $77.77 $96.90 $72.44 $68.64 $92.87 $71.44 $116.16 $92.98 $1 03.95 $107.98 $92.87 $119.03 $107.98 $92.06 $92.87 $92.87 $92.87 $109.49 10-4 July 02, 2007 Account 184615 185075 35211 183909 182264 182537 140399 166012 1662n 111814 118038 175450 184108 148746 132324 184701 145534 145348 128014 169463 94068 73112 183761 176616 114633 174996 180378 1n006 166912 185142 171308 170611 146137 184227 185067 184733 ~~~ :- ~- : ----- ~----~ - - - - CllY OF CHUlA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $108.26 $124.53 $68.25 $162.04 $103.95 $103.95 $126.00 $127.98 $103.40 $92.87 $124.83 $114.91 $96.90 $107.98 $78.78 $162.04 $107.98 $96.89 $78.52 $96.89 $295.85 $30.46 $102.60 $71.54 $92.87 $96.15 $120.33 $103.57 $92.87 $10.00 $103.93 $181.93 $92.87 $155.99 $97.52 $1 B3.08 10-5 July 02. 2007 Account 130084 113101 165882 22557 100242 93285 156336 143253 35819 94816 155790 183870 167502 153759 185025 23239 184918 182267 147677 171676 122722 164731 134417 168450 10439 134051 184828 182348 30603 173767 141340 147117 147107 15052 116622 83262 ~V~ ~ "if~-~~ CllY OF CHULA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $96.90 $92.87 $106.55 $118.94 $96.90 $92.87 $103.95 $107.98 $107.98 $92.87 $107.98 $149.55 $81.75 $92.87 $128.08 $91.96 $86.83 $112.87 $30.50 $107.98 $92.87 $92.13 $131.01 $103.95 $94.99 $78.52 $90.56 $92.87 $166.32 $103.95 $9.99 $124.25 $103.95 $30.50 $137.98 $96.90 10-6 July 02, 2007 Account 177929 181672 104938 169741 34079 7582 171502 120567 109786 94014 163260 175366 183877 177125 171706 97732 165175 158710 127933 165983 141077 178206 128483 170167 141951 147622 168334 184917 141575 185204 94050 137571 16456 168369 183965 146299 ~ {It.- ~ ~~~~ ~- ~~ CllY OF CHULA VISTA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $92.87 $1 07.98 $103.95 $92.87 $64.21 $0.30 $116.90 $92.87 $92.87 $92.93 $111.25 $119.76 $158.54 $103.95 $92.87 $94.20 $92.87 $113.16 $92.86 $92.87 $96.89 $92.87 $92.87 $112.01 $107.98 $85.79 $108.32 $103.95 $92.84 $92.87 $93.03 $92.87 $92.87 $92.87 $122.32 $122.24 10-7 July 02, 2007 Account 26622 133665 180412 176208 163129 143609 184518 182573 176676 170798 173593 34126 174372 153138 184986 175800 146802 144104 34612 71246 177849 79844 185231 184464 165960 182287 134799 119032 182637 143130 139994 98147 184331 18296 132291 155266 ~{f?- ~ .-------- - - -- ~- ~-- erlY OF CHUIA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $92.87 $107.98 $92.87 $107.98 $142.87 $92.87 $137.88 $103.95 $91.92 $92.87 $92.87 $96.90 $130.02 $92.87 $120.84 $1 07.98 $223.80 $107.98 $92.87 $123.95 $92.87 $130.03 $120.07 $114.62 $107.98 $109.02 $96.67 $96.90 $92.87 $123.43 $148.03 $103.95 $55.30 $78.52 $96.10 $107.98 10-8 July 02, 2007 Account 184937 184653 155263 165114 161702 161697 165396 131627 183992 148482 101637 59569 157525 165920 154499 80270 132334 121146 182932 183922 150244 167947 82667 151965 171238 64m 116544 123465 172259 177921 169490 151472 146340 174349 155035 184706 ~V?- =~-~ ~~~~ CllY OF CHUIA VISTA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $108.47 $120.00 $107.98 $107.98 $78.52 $92.87 $98.09 $1 07.98 $139.80 $92.87 $103.95 $103.95 $15.60 $96.54 $103.95 $92.87 $130.03 $145.35 $102.56 $186.26 $98.90 $103.95 $96.10 $92.87 $74.64 $151.84 $92.86 $107.98 $112.87 $96.90 $107.98 $96.24 $92.87 $103.61 $56.99 $125.92 10-9 July 02, 2007 Account 134772 118831 155338 108377 177978 168802 25222 21061 177893 132024 183932 141915 159761 159788 161099 177992 20372 117293 66691 62745 177697 147859 180840 23114 181619 173805 20548 184245 132824 169525 160495 66388 171785 131573 145837 134331 ~~ft- ~ ~~~.;F" CllY OF CHULA VISTA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $92.87 $106.77 $135.19 $118.94 $95.45 $96.89 $92.13 $96.90 $107.98 $96.89 $140.80 $67.90 $92.87 $130.02 $130.02 $103.95 $98.90 $93.61 $126.00 $118.06 $96.90 $92.87 $93.61 $92.86 $112.87 $103.36 $98.90 $124.07 $112.01 $118.94 $130.14 $92.86 $103.95 $130.02 $92.86 $92.87 10-10 July 02, 2007 Account 185063 147886 162355 153964 Total Due: ~V?- :- 4!t~ -= ~ - -- '~~--~ ~- ~~ CllY OF CHULA VISfA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent Balance Due $90.39 $96.90 $98.79 $177.90 $26,742.19 No 01 Accounts: 256 10-11 RESOLUTION NO. 2007- 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 APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, in November 1998, the 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 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 considers 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 Allied Waste and City staff; and WHEREAS, property owners were notified of their delinquencies through a series of past due notices sent by Allied Waste until they were ultimately submitted to the City for collection; and WHEREAS, staff has notified the property owners of the public hearing and these owners were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a lien being placed on their property; 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 record liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it: (1) conducts the public hearing to consider assessing delinquent solid waste service charges as liens on the affected properties; (2) ovemlles any and all protests or objections presented at the public hearing; and (3) approves, with respect to the delinquent account list 10-12 Resolution No. 2007- Page 2 submitted to the City Council and on file in the City Finance Department, assessing delinquent solid waste service charges as liens upon the respective parcels of land and the placement of such delinquent charges as special assessments on the next corresponding regular tax bills, unless cleared prior to transmittal of the delinquent account list to the County. Presented by Approved as to form by ~~/L~ Ann Moore City Attorney Maria Kachadoorian Director of Finance J:\Attorney\RESO\SOLID W ASTE\Delinquent Solid Waste Charges_07-10-07.DOC 10-13