HomeMy WebLinkAboutMC-1335Adopted: October 4, 2010
Effective: November 4, 2010
ORDINANCE NO. MC-1 35
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
MUNICIPAL CODE SECTION 13.28.010, COLLECTION OF DELINQUENT WATER,
RUBBISH, SEWER OR OTHER MUNICIPAL UTILITY CHARGES BY ADDING AN
EFFECTIVE DATE OF FIFTY YEARS FROM THE DATE ARTICLE 4 OF CHAPTER
6 OF PART 3 OF DIVISION 5 OF THE CALIFORNIA HEALTH & SAFETY CODE,
SECTION 5470, ET SEQ. WAS ADOPTED BY THE CITY, ADDING MUNICIPAL
CODE SECTION 13.28.025, NOTICE OF DELINQUENT UTILITY ACCOUNTS AND
LIEN, AND AMENDING SECTIONS 13.28.020, DEFINITION AND 13.28.030,
DESCRIPTION OF PARCEL RECEIVING SERVICES TO BE FILED WITH CITY
CLERK.
WHEREAS, on December 21, 1982 the Mayor and Common Council approved
Ordinance MC-229, which adopted the provisions of Section 5473 of the Health and Safety
Code, which enabled the City to have delinquent water, sanitation (rubbish, garbage, by-
products), sewer and other utility charges, if any, collected on the tax roll; and
WHEREAS, in order to clarify the language and intent of this provision and to ensure
the ability to lien property owners for delinquent accounts.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 13.28.010 of the City of San Bernardino Municipal Code,
Collection of delinquent water, sanitation, sewer or other utility charges pursuant to State
statute, is hereby amended to read as follows:
(A) The City hereby elects to avail itself of the provisions of Article 4 of Chapter 6 of
Part 3 of Division 5 of the California Health and Safety Code, Section 5470, et seq., which set
forth an alternative method of collecting charges for services and facilities furnished in
connection with sanitation, sewerage, or any other utility, whereby the same are collected by
the county tax collector.
(B) This Chapter shall be effective from the date of its adoption for a period of fifty (50)
years, including any amendments thereto during that time.
MC-1335
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
MUNICIPAL CODE SECTION 13.28.010, COLLECTION OF DELINQUENT WATER,
RUBBISH, SEWER OR OTHER MUNICIPAL UTILITY CHARGES BY ADDING AN
EFFECTIVE DATE OF FIFTY YEARS FROM THE DATE ARTICLE 4 OF CHAPTER
6 OF PART 3 OF DIVISION 5 OF THE CALIFORNIA HEALTH & SAFETY CODE,
SECTION 5470, ET SEQ. WAS ADOPTED BY THE CITY, ADDING MUNICIPAL
CODE SECTION 13.28.025, NOTICE OF DELINQUENT UTILITY ACCOUNTS AND
LIEN, AND AMENDING SECTIONS 13.28.020, DEFINITION AND 13.28.030,
DESCRIPTION OF PARCEL RECEIVING SERVICES TO BE FILED WITH CITY
CLERK.
(C) With respect to any individual account, and without prior notice thereof, the City
may elect to forego the provisions of this Chapter and to pursue collection of delinquent
charges in any other manner permitted by law. The Integrated Waste Management Division of
the Public Works Department shall develop policies and procedures regarding the collection of
delinquent charges.
(D) In addition to any remedy contained herein, the City and the San Bernardino
Municipal Water Department are hereby authorized to discontinue all utility services and
provide notice to property owner's forty-one (41) days after the payment was due.
SECTION 2. Section 13.28.025 of the City of San Bernardino Municipal Code, Notice
of Delinquent Utility Accounts, is hereby added to read as follows:
(A) Any person or entity who receives water, sanitation, storm drainage, or sewerage
services whose account has Delinquent Charges for services shall be mailed a notice of the
delinquent charges.
(B) The City Manager, or his or her designee, shall notify the assessed owner shown on
the latest equalized tax assessor's roll whenever delinquent and unpaid charges for services,
which may become a lien on real property in the manner set forth in this chapter, remain
delinquent and unpaid for sixty (60) days. The notice so provided shall notify the assessed
owner of the Delinquent Charges and the lien provided by this Chapter.
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MC-1335
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
MUNICIPAL CODE SECTION 13.28.010, COLLECTION OF DELINQUENT WATER,
RUBBISH, SEWER OR OTHER MUNICIPAL UTILITY CHARGES BY ADDING AN
EFFECTIVE DATE OF FIFTY YEARS FROM THE DATE ARTICLE 4 OF CHAPTER
6 OF PART 3 OF DIVISION 5 OF THE CALIFORNIA HEALTH & SAFETY CODE,
SECTION 5470, ET SEQ. WAS ADOPTED BY THE CITY, ADDING MUNICIPAL
CODE SECTION 13.28.025, NOTICE OF DELINQUENT UTILITY ACCOUNTS AND
LIEN, AND AMENDING SECTIONS 13.28.020, DEFINITION AND 13.28.030,
DESCRIPTION OF PARCEL RECEIVING SERVICES TO BE FILED WITH CITY
CLERK.
SECTION 3. Section 13.28.020 of the City of San Bernardino Municipal Code,
Definition, is hereby amended to read as follows:
(A) "Delinquent Charges" for the purposes of this chapter means those charges for
services, equipment or facilities which remain unpaid after the date due.
(B) "Sanitation" for the purposes of this Chapter means refuse services, including but
not limited to, residential, commercial, recycling or roll-off services, for the removal or
recycling of rubbish, garbage, by-products and like matter.
SECTION 4. Section 13.28.030 of the City of San Bernardino Municipal Code,
Description of parcel receiving services to be filed with City Clerk is hereby amended to read
as follows:
The City Manager, or his or her designee, shall cause to be prepared a written report
which shall be filed with the City Clerk. Said report shall contain a description of each parcel
of real property receiving such water, sanitation, sewer or other utility services and the amount
of the delinquent charges for each parcel computed in conformity with charges prescribed by
resolution of the Mayor and Common Council or pursuant to the rules and regulations of the
Board of Water Commissioners. The real property may be described by reference to maps
prepared in accordance with California Revenue and Taxation Code, Section 327,
and on file in the Office of the County Assessor or by reference to plats or maps on
file in the Office of the City Clerk.
MC-1335
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
MUNICIPAL CODE SECTION 13.28.010, COLLECTION OF DELINQUENT WATER,
RUBBISH, SEWER OR OTHER MUNICIPAL UTILITY CHARGES BY ADDING AN
EFFECTIVE DATE OF FIFTY YEARS FROM THE DATE ARTICLE 4 OF CHAPTER
6 OF PART 3 OF DIVISION 5 OF THE CALIFORNIA HEALTH & SAFETY CODE,
SECTION 5470, ET SEQ. WAS ADOPTED BY THE CITY, ADDING MUNICIPAL
CODE SECTION 13.28.025, NOTICE OF DELINQUENT UTILITY ACCOUNTS AND
LIEN, AND AMENDING SECTIONS 13.28.020, DEFINITION AND 13.28.030,
DESCRIPTION OF PARCEL RECEIVING SERVICES TO BE FILED WITH CITY
CLERK.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regular meeting thereof, held on the
4th day of October , 2010, by the following vote, to wit:
Council Members
MARQUEZ
DESJARDINS
BRINKER
SHORETT
KELLEY
JOHNSON
AYES NAYS
g
x
ABSTAIN ABSENT
x
MC CAMMACK g
Rac el G. Clark, CMC, City Clerk
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The foregoing ordinance is hereby approved this ~ day of October , 2010.
Pa ick J. Morris, ayor
of San Bernardino
Approved as to form:
James F. Penman, City Attorney
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