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HomeMy WebLinkAboutReso 2009-066RESOLUTION N0.2009-066 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 towazds the responsible property owner in the event of a change in ownership, staff is recommending approval of liens against affected properties as a preliminary action to replacing 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 chazges 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 heazing, 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 chazged to the property owners on the next regular property tax bill; and WHEREAS, in December 2008, City Council approved 166 delinquent accounts valued at $61,400 to be placed on the property tax bill for collection; and WHEREAS, staff recently identified 1,275 accounts totaling $543,000 as being over 60 days delinquent and through preliminary collection efforts, 686 accounts have been resolved, and the remaining 589 accounts valued at $302,100 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, the total number of delinquent accounts being submitted for the lien process continues to climb; and Resolution No. 2009-066 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 heazing 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 chazges be forwarded to the County and assessed as liens on the respective owner occupied pazcels of land and ultimately placed on the next regulaz tax bill for collection. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista assesses certain delinquent sewer service chazges as recorded liens upon the respective owner occupied parcels of land and approves placement of those delinquent chazges on the next regulaz tax bill. Presented by Mari Kachadoorian Fin ce Director Approved as to form by Resolution No. 2009-066 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of Mazch 2009 by the following vote: AYES: NAYS: ABSENT: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox Councilmembers: None Councilmembers: None 1 Cheryl Cox, M r ATTEST: Donna R. Norris, CM ,City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHiJLA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-066 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 24th day of March 2009. Executed this 24th day of Mazch 2009. Donna R. Norris, CMC, City Clerk