Loading...
HomeMy WebLinkAboutReso 2008-171 RESOLUTION NO. 2008-171 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 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 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 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. 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. as these amounts are collected. the monies are remitted to Allied Waste Services less the City's Franchise Fees. AB939 fees and late charges; and WHEREAS. in April 2008. City Council approved 773 delinquent accounts valued at $107.000 to be placed on the property tax bills for collection. Since then. Allied Waste Services has identified and submitted an additional 2,565 delinquent accounts valued at over $259,200 to the City for collection; and WHEREAS. through the City's preliminary collection efforts. ] .538 accounts have been resolved. and the remaining ] .027 accounts valued at $] 52.500 are now being submitted (listing available at the Finance Department); and Resolution No. 2008-171 Page 2 WHEREAS, the account status and property ownership on these accounts have been verified by both Allied Waste and City staff; and WHEREAS, 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; and WHEREAS, City staff sent out past due letters within the past 60 days, and 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; and WHEREAS, 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; and WHEREAS, staff will continue to update this list as payments are received and accounts are cleared; 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 solid waste accounts as submitted, and that these charges be forwarded to the County and assessed as recorded 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 assesses certain delinquent solid waste 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 g{kRC~ Maria achadoonan Finance Director ~'{<N\~r~~ Bart C. Miesfeld ' Interim City Attorney Resolution No. 2008-171 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 G1i ~ Cheryl co~ay r ATTEST: AiJ7Mna k ~~~~ Donna R. Norris, CMC, nterim 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. 2008-171 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.