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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Request to set a public
hearing on March 2, 2009 at 4:00 p.m.,
for the placement of liens on delinquent
refuse collection accounts.
Dept: Public Services
Date: January 8, 2009
Meeting Date: January 20, 2009
Synopsis of Previous Council Action:
December 21, 1982 - Ord. MC-229: 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.
Recommended Motion:
That the Mayor and Common Council set a public hearing for March 2, 2009 at 4:00
p.m. for the placement of liens on delinquent refuse collection accounts.
Contact person: Rudy Umaria
Supporting data attached:
Staff Report
FUNDING REQUIREMENTS:
Phone:
Ward:
7213
All
Amount:
None
Source:
Refuse Liens
(No Cost to the City -
projected additional
revenue to the IWM
Division - revenue of
$691,439.34)
Finance:
Council Notes:
Agenda Item No. f,. ~
,.. U.. tJ,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Request to set a public hearing on March 2, 2009 at 4:00 p.m., for the placement of
liens on delinquent refuse collection accounts.
Background:
The City's Public Services Department, Integrated Waste Management Division
provides residents and commercial establishments with waste disposal and recycling
services. Currently, there are over 1,300 accounts that are in delinquency.
Delinquency is defined as the monthly service rate owed by the owner of a dwelling,
commercial or industrial property receiving service that has not been paid within sixty
(60) days or more after the mailing of the invoice related to such services. In order to
compensate the Integrated Waste Management Division for services provided, Chapter
13.28 of the City Municipal Code provides that an unpaid invoice becomes a debt owed
to the City that can be collect through the County of San Bernardino's property tax roll.
Section 5470 et seq. of the California Health and Safety Code sets forth the procedures
for collecting such delinquent fees through the tax roll. The statue requires the
scheduling of a public hearing to accept the list of delinquent charges as a debt owed
the City and that all affected property owners be notified of the hearing at least fourteen
(14) days prior to the scheduled date of the hearing. Proper notice will be accomplished
by publishing notice in the local newspaper as well as by mailing written notice of the
hearing to all delinquent accounts to be placed on the tax roll.
Collecting delinquent trash and recycling collection service charges through the tax rolls
is a standard practice for local jurisdictions such as the Cities of Fontana, Yucaipa,
Rialto, Highland, and the County of San Bernardino. The City of San Bernardino
adopted these same practices in December of 1982 through Ord. MC-229, which
amended Chapter 13.28, Collection of Delinquent Water, Rubbish, Sewer or Other
Municipal Utility Charges, first established in 1975. In addition, the business plan
recently conducted by R3 recommended that the City of San Bernardino establish a
debt collection procedure to begin to collect on delinquent accounts via the tax lien
process.
Fiscal Impact:
If liens are not placed against the listed properties, the City's Integrated Waste
Management Division may not be able to recover the amounts owed, which for these
properties total $691,439.34.
Recommendation:
That the Mayor and Common Council set a public hearing for March 2, 2009 at 4:00
p.m.