HomeMy WebLinkAboutReso 2009-067RESOLUTION NO. 2009-067
RESOLUTION OF THE CITY COUNCIL OF THE CTTY 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 aze 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 shaze of the costs of this program,
the ordinance allows delinquent solid waste 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 solid waste service accounts that aze 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, lastly, the City Council adopts a resolution assessing such amounts as
recorded liens upon the respective pazcels of land, and the amounts aze charged to the property
owners on the next regulaz 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 December 2008, City Council approved 1,172 delinquent accounts valued
at $161,300 to be placed on the property tax bills for collection; and
WHEREAS, since then, Allied Waste Services has identified and submitted an additional
2,889 delinquent accounts valued at over $287,700 to the city for collection; and
Resolution No. 2009-067
Page 2
WHEREAS, through the City's preliminary collection efforts, 1,486 accounts have been
resolved, and the remaining 1,403 accounts valued at $136,100 aze now being submitted (listing
available at the Finance Department); and
WHEREAS, the account status and property ownership on these accounts have been
verified by both Allied Waste and City staff; and
WHEREAS, while many of these delinquent accounts have gone through the lien process
before as they continue to remain unpaid, the total number of delinquent accounts being
submitted for the lien process continues to climb; 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 heazing 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
aze cleazed; and
WHEREAS; a final list will be submitted to the City Council for consideration on the day
of the public heazing 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 chazges be forwazded to the County
and assessed as recorded liens on the respective 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 solid waste service charges 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
M 'a Kachadoorian \
Finance Director
Approved as to form by
Resolution No. 2009-067
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: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
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Cheryl Cox, yor
ATTEST:
Donna R. Noms, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-067 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 24th day of March 2009.
Executed this 24th day of Mazch 2009.
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Donna R. Noms, CMC, City Clerk