Joint Special Council/BFPD
08/1/22 06:00 PM
Finance
Heidy Riley
Public Hearing
Doc ID: 5092
COUNCIL RESOLUTION
AGENDA MATTER:
CONTINUATION OF LIEN PROTEST HEARING FOR DELINQUENT TRASH & SEWER ACCOUNTS EXECUTIVE SUMMARY:
Pursuant to Barstow Municipal Code Sections 6.20.210 and 13.22.060, the protest hearing was continued from the July 18, 2022, City Council meeting and is being conducted for property owners who were notified regarding an assessment lien to be placed on their property as a result of unpaid sewer and trash collection fees.
DISCUSSION:
On June 20, 2022, the City Council set the date, time, and location for a public hearing regarding lien protests and the report of delinquent sewer and trash (“utility”) accounts. The public hearing was scheduled for Monday, July 18, 2022, in which property owners were notified of account delinquency and provided an opportunity to be heard by the City Council in reference to delinquent utility fees. The public hearing was conducted on July 18, 2022, and delinquent accounts identified in the final lien listing were approved by Resolution for placement of lien and tax roll assessment with the exception of those six (6) accounts whose property owners presented themselves before the Council at the protest hearing. In addition, a total of eighteen (18) accounts could not be approved under Resolution No. 5098-2022 due to required Council abstention. This necessitated the continuance of the public hearing to Monday, August 1, 2022. In addition, nine (9) written requests for payment arrangements were received prior to the July 18, 2022 hearing; however, not all requests were reviewed by the City Council. For these reasons, the attached listing of accounts contained as Exhibit “A” of Resolution No. ______-2022 is being presented to the City Council for approval of the placement of a lien and property tax roll assessment for unpaid sewer and/or trash fees unless directed otherwise by the City Council.
After the July 18, 2022, City Council meeting, staff contacted the six (6) property owners who were present at the protest hearing. As a result, two (2) accounts were placed on a payment plan, one (1) property owner elected to pay the past due balance in full, and one (1) account provided sufficient evidence to qualify for vacancy exemption. Two (2) of the accounts that requested payment arrangement are being brought back for lien placement this evening as one (1) account would not agree to the terms of the payment arrangement and one (1) account is pending sale.
Upon approval of the Resolution presented to the City Council, a lien and/or special tax assessment will be placed upon those properties listed in Exhibit “A” of the Resolution as a result of unpaid utility fees that are delinquent as of April 30, 2022. Liened amounts will be sent to the San Bernardino County Tax Assessor who will place a special assessment upon the property owner's property tax bill in order to collect delinquent utility fees.
Pursuant to the Barstow Municipal Code, individual notices were mailed to each property owner of record, to the mailing address on file, having a delinquent utility account of $50 or more as of April 30, 2022.
FISCAL IMPACT:
None.
Joint Special Council/BFPD
08/1/22 06:00 PM
Finance
Heidy Riley
Public Hearing
Doc ID: 5092
COUNCIL RESOLUTION
RECOMMENDED ACTION:
1. Continue the protest hearing from July 18, 2022, and subject to testimony received, adopt Resolution No. ____-2022 and waive further reading.
2. Where necessary and relevant, direct staff to resolve any conflicts with protest owners before the final lien list is filed with San Bernardino County. Additionally, authorize staff to remove any properties from the lien list should delinquent fees be paid prior to the filing of the final lien list with San Bernardino County.
3. Authorize staff to establish payment plan arrangements with those property owners who provided written correspondence prior to the July 18, 2022, public hearing. Additionally, authorize staff to lien those parcels who execute a payment arrangement; however, a property tax assessment will not be placed unless the terms of the payment plans are not met. Failure to execute a payment plan arrangement by August 5, 2022 will result in the parcel being sent to property tax assessment.