HomeMy WebLinkAboutReso 2008-088
RESOLUTION NO. 2008-088
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 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, because charges can only be submitted for placement on the property tax
bills once a year in August, staff is recommending assessing liens on the affected properties mid-
year as to better ensure the City's chances for collection; 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, staffhas 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.
Resolution No. 2008-088
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby: (I) conduct 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
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:
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Mari Kachadoonan
Finance Director
Approved as to form by:
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Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this I st day of April 2008 by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
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ATTEST:
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Donna R. Norris: CMC, Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2008-088 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 1 st day of April 2008.
Executed this I st day of April 2008.
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