Form Rev 3/6/2023
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT S OLID
WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND AND PLACEMENT
OF DELINQUENT CHARGES ON THE NEXT REGULAR
PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY
TREASURER-TAX COLLECTOR
WHEREAS, Chula Vista Municipal Code Section 8.24.010 states that the collection of solid waste is a mandatory service and shall not be discontinued or suspended; and
WHEREAS, to ensure that all residents pay their fair share of costs associated with this program, Chula Vista Municipal Code Section 8.24.180 all ows delinquent s olid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the next regular property tax bill for collection by the County Treasurer-Tax Collector; and
WHEREAS, Section 8.24.180 requires that, once solid waste fees become more that 10 days delinquent, the City’s contract or franchise agent shall issue late notices to the responsible owners and occupants; and
WHEREAS, the Municipal Code further requires that, if an owner or occupa nt is delinquent on payment of a solid waste service bill for more than 90 days, the account shall be assigned to the City for collection, which must send a final notice of delinquency, including the amount owed, penalty schedule, lien procedure and associated costs and administration fees, prior to setting the matter for hearing to consider a lien; and
WHEREAS, the Municipal Code provides that, if a solid waste service bill is not paid within 15 days after the final notice of delinquency, the matter may be set for a public hearing, at least 7 days after the 15-day period, following notification to the property owner; and
WHEREAS, City staff has identified certain properties for which solid waste service bills meet the criteria for delinquency and submission for placement of property liens; and
WHEREAS, the account status and property ownership of these accounts have been verified by both Republic Services and City staff; and
WHEREAS, property owners have been notified of their delinquencies through a series of past due notices sent by Republic Services, until they were ultimately submitted to the City for collection; and
WHEREAS, City staff has notified the property owners of the public hearing and these owners were asked to pay their delinquent solid w aste service charges prior to transmittal of the delinquent account to the County to avoid a lien being placed their property; and Resolution No.
WHEREAS, City staff is recommending that the City Council approve the final list of delinquent solid waste service accounts as submitted, and that these charges be submitted to the County for assessment as recorded liens on the respective parcels of land and ultimately placed on the next regular property tax bill for collection; and
WHEREAS, the City Council has held the requisite public hearing and considered the delinquent accounts together with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council approved the delinquency and amount owed on the accounts as submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: (1) has considered assessing certain delinquent s olid waste service charges, as detailed in the final list of delinquent s olid waste s ervice accounts presented to the City Council for its consideration of this matter, as recorded liens on the affected parcels; (2) has heard and overruled any and all protests or objections presented at the public hearing on this matter; and (3) approves, 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 recorded liens upon the respective parcels of land and the placement of such d elinquent solid waste service charges as special assessments on the next corresponding regular property tax bills, unless cleared prior to transmittal of the delinquent account list to the County Treasurer-Tax Collector.
Presented by Approved as to form
By:
Sarah Schoen Jill D.S. Maland
Director of Finance/Treasurer Lounsbery Ferguson Altona & Peak Acting City Attorney