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HomeMy WebLinkAboutReso 2008-170 RESOLUTION NO. 2008-170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, in order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed towards the responsible property ovmer in the event of a change in ownership, staff is recommending approval of liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid; and WHEREAS, the Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, the ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty 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, 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; and WHEREAS, in April 2008, City Council approved 359 delinquent accounts values at $98,500 to be placed on the property tax bill for collection; and WHEREAS, staff recently identified 822 owner occupied accounts totaling $20 1,000 as being over 60 days delinquent and through preliminary collection efforts, 98 accounts have been resolved, and the remaining 724 accounts valued at $171,000 are now being submitted (listing available at the Finance Department); and WHEREAS, while many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid, there has been a dramatic increase in total number of delinquent accounts being submitted for the lien process; and Resolution No. 2008-170 Page 2 WHEREAS, these property owners have been notified of their delinquencies within the last 60 days, and two weeks ago, they were notified of the public hearing and were asked again to pay their delinquent sewer service charges to avoid a lien being placed on their property; and WHEREAS, 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; and WHEREAS, staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective owner occupied 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 assesses certain delinquent sewer service charges as recorded liens upon the respective owner occupied parcels of land and approves placement of those delinquent charges on the next regular tax bill. Presented by Approved as to form by C{f).,~ ~~ M a Kachadoorian Finance Director ~~~\1\~}\, Bart C. Miesfeld Interim City Attorney Resolution No. 2008-170 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 8th day of July 2008 by the following vote: AYES: Councilmembers: McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Castaneda Ch~ ATTEST: d~ vA{~ 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 ChuIa Vista, California, do hereby certify that the foregoing Resolution No. 2008-] 70 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of July 2008. Executed this 8th day of July 2008. J[kwL I!. ;t{ Mui. Donna R. Norri~, cM'c, Interim City Clerk