DATE:
June 21, 2022
TO:
Mayor and Council Members
Chair and Board Members, Hesperia Water District
FROM:
Nils Bentsen, City Manager SECOND READING AND ADOPTION BY:
Casey Brooksher, Director of Administrative Services
Heather Beardsley, Administrative Analyst
SUBJECT:
Amendments to Title 14 of Hesperia Municipal Code related to billing and collection procedures for water service
RECOMMENDED ACTION
It is recommended that the City Council and Board of Directors of the Hesperia Water District introduce and place on first reading Ordinance No. 2022-07 amending Title 14 of the Hesperia Municipal Code related to billing and collection procedures for water service.
BACKGROUND
Section 14.02.080 of the Hesperia Municipal Code (HMC) establishes the guidelines and procedures for billing and collection methods. Section 14.02.080(O) establishes the procedure for the placement of liens on real properties for delinquent fees, fines, and charges accrued for delinquent water services. In addition to establishing liens on properties, unpaid liens are pursuant to subsequent collection via the San Bernardino County property tax rolls.
Hesperia Municipal Code (HMC) Section 14.02.080(O) authorizes the use of the special assessment to collect on liens placed on properties which remain unpaid by the end of the fiscal year. Property liens are only assessed after the property owner, or responsible person, has failed to pay their water bill by its due date and failed to comply with a Past Due Notice.
On July 5th, 2011, the City Council approved Ordinance 2011-06 adopting new policies and procedures for the Hesperia Water District. Ordinance 2011-06 outlined an administrative fee schedule for the Hesperia Water District and specified procedures to collect unpaid fines or fees as a result of water service provided by the District.
ISSUES/ANALYSIS
Currently, Section 14.02.080 of the Hesperia Municipal Code requires the District to notify the parties liable for payment of the delinquent charges, the intent to establish a lien against all real property in San Bernardino County and/or in any other county in the state of California by mail. If the charges remain unpaid for ten days or more after the notice has been deposited in the mail, the general manager shall prepare a certificate of charges to present to the Board before the recordation of the lien.
However, Section 1.12.370 of the Hesperia Municipal Code, also related to establishing liens, does not require the City to present to the Board prior to recordation of a property lien. The amendment to Title 14, Chapter 14.02.080 will modify the procedure of establishing liens to be similar to the procedure found in Chapter 1.12, Section 1.12.370 by removing the step of presenting each lien to the Board before recordation. A public hearing and Board approval are not required for the District to record a lien for delinquent water charges. This change will allow the procedure of the recordation of liens to be simplified and better serve the District as an alternative to disconnections for non-payment.
FISCAL IMPACT
There is no fiscal impact associated with this item.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
Ordinance 2022-07
Exhibit “A” – Chapter 14.02.080 – Amended Track Changes Copy Exhibit “B” – Chapter 14.02.080 – Amended Clean Copy
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
CITY OF HESPERIA STAFF REPORT CITY OF HESPERIA STAFF REPORT
CITY OF HESPERIA
STAFF REPORT
CITY OF HESPERIA
STAFF REPORT
Staff Report to the Mayor and City Council
Amendments to Title 14 of Hesperia Municipal Code
June 21, 2022