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1. § 12.08.201. Lien for delinquent charges and by voluntary election.
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Code of Ordinances
Title 12. PUBLIC UTILITIES
Division 1. Water, Sewer and Underground Utilities
Chapter 12.08. SEWER SYSTEM*
Any sewer charge that is unpaid by the stated due date shall be a debt in favor of the city of Rialto, which may use any legal means to collect any delinquent sewer charge.
At its option, the city may assign any delinquent sewer charge to a collection agency for collection.
Any property owner may elect to have the sewer charge annualized and assessed on the annual property tax bill for the property so designated by the owner. The annualized sewer charge shall be assessed on the annual property tax bill for the property for each property as it develops where the property is located beyond the city's water service area.
In addition to any other remedy available to the city of Rialto, any delinquent sewer charge may be submitted to the county of San Bernardino for inclusion on the annual property tax roll as a lien on the property for which the delinquency corresponds. The amount of the lien shall consist of the delinquent sewer charges, penalties and applicable county fees arising from the imposition of the lien and collection thereof.
The chief financial officer may request that the amount of any sewer charges due to the city hereunder be collected as an assessment lien on the property for which the delinquency corresponds by submitting a resolution to the city council that establishes the amount of any delinquency and accrued penalties and the identification of the property for which the delinquency corresponds and that requests the placement of exact amount of the delinquency and penalties on the San Bernardino County tax rolls for collection. The resolution of the city council shall conform to the county of San Bernardino auditor/controller-recorder's policies and procedures for applying special assessments to the tax rolls.
The following procedures shall apply to assessment liens:
A notice of proposed assessment lien shall be served on the owner of the property by personally serving or mailing said notice, to the address shown on the official
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records of the county assessor. The notice shall state the amount of delinquency and penalties sought to be imposed as an assessment lien, the legal description of the property on which the assessment lien is sought to be imposed and that the owner's right to appeal said proposed action by filing a written appeal within ten days from the date of service or mailing of said notice. The notice shall warn the owner that a failure to file a written appeal with the chief financial officer within said ten-day period shall constitute a waiver of the owner's right to appeal the imposition of the proposed assessment lien on the owner's property. If the city council, by resolution, adopts a fee to defray the expenses to process and conduct a hearing on said appeal, the notice also shall state the amount of the fee and that payment of said fee is a condition precedent to the effectiveness of the owner's right to appeal.
Within ten days from the date of service or mailing of said notice, the property owner may file a written appeal to the proposed assessment lien and pay any required fee to the city administrator or waive the right to such an appeal.
Whenever a property owner fails to file a timely appeal to a proposed assessment lien, the chief financial officer shall prepare a resolution that imposes an assessment lien on the owner's property and the city council shall adopt said resolution unless it determines that imposing an assessment lien on the property would be inappropriate.
The chief financial officer, or a designee other than the chief financial officer, shall hear each appeal within fourteen calendar days after the date on which the appeal was filed. Written notice of the hearing date shall be served on the owner, at least, seven days prior to the hearing on the appeal. At the hearing on the appeal, the chief financial officer or designee shall consider the computation of the amount of the proposed assessment lien, evidence that the owner owns the property on which the assessment lien is sought to be imposed and evidence that the non- payment is related to the property on which the assessment lien is sought to be imposed. At the conclusion of the hearing, the chief financial officer shall determine whether or not to impose an assessment lien on the property of the owner in such amount that is deemed to be fair and reasonable. The decision of the chief financial officer shall be final unless the property files an appeal to the city administrator within ten days of the mailing of the decision of the chief financial officer. Upon the determination of the chief financial officer or designee to impose an assessment lien and the amount thereof, the deputy finance director shall prepare a resolution as set forth in subsection (e)(2) hereof and the city council shall adopt said resolution unless it determines that imposing an assessment lien on the property would be inappropriate.
(Ord. 1406 § 1, 2007)
(Ord. No. 1454, § 1, 10-27-09)
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