HomeMy WebLinkAboutReso 2009-291RESOLUTION N0.2009-29]
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 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 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 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, 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
midyear 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, staff has notified the property owners of the public hearing and these owners
were asked to pay their delinquent solid waste service chazges 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 forwazded 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. 2009-291
Page 2
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby: (1) conduct the public hearing to consider assessing certain delinquent solid waste
service chazges 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 regulaz tax bills, unless
cleazed prior to transmittal of the delinquent account list to the County.
Presented by
Maria achadoorian
Director of Finance
Approved as to form by
B C. Miesfel
City Attorne
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of December 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
~.
Cheryl Cox, yo
ATTEST:
0
Dorma R. Norris, MC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-291 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 15th day of December 2009.
Executed this 15th day of December 2009.
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Donna R. Noms, CMC, City Clerk