RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI ORDERING
THE ESTABLISHMENT OF OUTSTANDING BACKFLOW TESTING CHARGES AND PENALTIES FROM FISCAL YEAR 2022-2023 AND DIRECTING LEVYING OF ASSESSMENTS FOR FY 2023-2024
WHEREAS, Ordinance No. 773 adopted on May 25, 2005 added Chapter 13.20 to the Cotati Municipal Code regarding backflow testing expenses and the requirements for outstanding charges and penalties to be considered a lien upon property; and.
WHEREAS, there has been submitted to the City Council of the City of Cotati an itemized report showing outstanding backflow testing charges, identified below and incorporated herein by reference; and
WHEREAS, on June 13, 2023 the City Council set a public hearing for June 27, 2023 and duly noticed said public hearing; and
WHEREAS, on June 16, 2023 notice was given; and
WHEREAS, the City Council agendized but tabled the item on June 27, 2023, after allowing for any public comment, of which none was received; and WHEREAS, on July 14 and July 21, 2023 additional notice was given; and WHEREAS, the City Council held a public hearing on July 25, 2023, at which time the City Council duly heard and considered any and all protests, objections, and other comment regarding the backflow testing expenses; and
WHEREAS, the charges and penalties set forth below are not discriminatory or excessive, and are in compliance with law.
NOW, THEREFORE, BE IT RESOLVED by that the City Council of the City of Cotati as follows:
Section 1. The above Recitals are true and correct findings of the City Council and are incorporated herein.
Section 2. The charges and penalties set forth below are hereby confirmed.
Section 3. The charges and penalties set forth below constitute a lien on real property, which lien shall continue until all charges and penalties are fully paid or the property is sold.
Section 4. In addition, when such lien is recorded, the City Clerk is authorized to place the lien on the tax roll of the property, for Fiscal Year 23/24, served by notifying the Sonoma County Assessor/Auditor.
Section 5. The City Manager or his designee is authorized to take such further and other action as may be necessary to implement this Resolution.
Section 6. If any provision, sentence, clause, section or part of this Resolution is found to be invalid or unenforceable, such finding shall not affect or impair any other provision, sentence, clause, section or part hereof.
Section 7. The parcels with outstanding backflow charges are attached.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the July 25th, 2023, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
Backflow list 23-24 (PDF)