RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH CONFIRMING THE SEWER FEE
REPORT FOR FISCAL YEAR 2022-23 AND AUTHORIZING
THE COLLECTION OF THE FEE THROUGH THE ORANGE
COUNTY TAX ROLL
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, in 1992, the City of Newport Beach ("City") adopted a sewer use fee ("Sewer Fee") as set forth in Chapter 14.24 (Sewer Connection, Permits) of the Newport Beach Municipal Code ("NBMC") to cover the cost incurred in providing sewer services in the City;
WHEREAS, the Sewer Fee is adjusted from time to time in accordance with Article XIID, Section 6 of the California Constitution and California Government Code Section 53750 et seq. ("Proposition 218") including, most recently in 2017, via City Council Resolution No. 2017-61;
WHEREAS, California Health and Safety Code Section 5470 et seq. authorizes the City to collect sanitation and sewer system solid waste rates on the tax rolls, in the same manner and at the same time as its general taxes by causing a written report to be prepared each year and filed with the clerk, which identifies the parcels and the amount of the charge to each parcel identified for the year ("Sewer Fee Report"); WHEREAS, on July 8, 2022, the City mailed notices to the record owner of each parcel identified in the Sewer Fee Report and caused notice of filing the report in accordance with California Health and Safety Code Section 5473.1; and WHEREAS, a duly noticed public hearing was held by the City Council on July 26, 2022, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Sections 6066 and 54950 etseq., and Health and Safety Code Section 5470 etseq. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing including giving the responsible person and owner of the property an opportunity to raise objections or protest placement of the Sewer Fee on the tax rolls.
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