HomeMy WebLinkAbout2004 CON PBS&J - Delinquent Sewer Bill Services - 1City of National City, California
COUNCIL AGENDA STATEMENT
cETING DATE June 15, 2004
CZ�oy-z'1
AGENDA ITEM NO. 12
ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ESTABLISHING A LIEN TRANSFER FEE FOR DELINQUENT SEWER SERVICE CHARGES
PREPARED BY
EXPLANATION
George H. Eiser, III
(Ext. 4221)
DEPARTMENT
Please see attached memorandum.
City Attorney
( Environmental Review X N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Memorandum
Proposed resolution
Resolution No. ZfU-(-(.Qg
A-200 (9;99)
RESOLUTION 2004 — 108
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ESTABLISHING A LIEN TRANSFER FEE FOR
DELINQUENT SEWER SERVICE CHARGES
WHEREAS, Sections 5470 — 5474.10 of the California Health and Safety
Code and Chapter 14.04 of the National City Municipal Code authorize the collection of
sewer service charges, including delinquent sewer service chares, on the tax roll; and
WHEREAS, the aforementioned laws, in addition to authorizing the
collection of delinquent sewer service charges on the tax roll, provide that delinquent
sewer service charges which remain delinquent and unpaid for 60 days constitute a Hen
against the real property against which the charge has been imposed; and
WHEREAS, in order to perfect the placement of liens upon parcels of real
property for delinquent sewer service charges, the City must engage in numerous
administrative tasks such as accounting, data processing and providing public notice to
affected persons, all of which are accomplished at a significant cost to the City; and
WHEREAS, Section 14.04.070 E of the Municipal Code authorizes the
City Council to adopt a resolution setting a lien transfer fee, which shall be added to the
delinquent account balance, to reimburse the City for the administrative costs incurred
in establishing the lien for delinquent sewer service charges; and
WHEREAS, the City proposes to place delinquent sewer service charges
on the 2004/2005 tax roll and to place liens for those delinquent charges upon the real
property against which the charges have been imposed; and
WHEREAS, the City Council has determined, based upon oral and written
evidence, that the sum of $288.00 for each delinquent sewer service charge account
will reimburse the City for its costs in establishing the lien for each such account for FY
2004/2005.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby establishes $288.00 as the lien transfer fee for each delinquent
sewer service charge account for FY 2004/2005.
PASSED and ADOPTED this 15th day of June, 2004.
ATTEST:
Mich ael Dalla, C y Clerk
Nic
yor
APPROVED AS TO FORM:
George H. Eiser, III, City Attorney
Passed and adopted by the Council of the City of National City, California, on June 15, 2004, by
the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
City Cllerk of the City of/National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2004-108 of the City of National City, California, passed and adopted by
the Council of said City on June 15, 2004.
City Clerk of the City of National City, California
By:
Deputy
City of National City
Office of the City Attorney
1243 National City Boulevard, National City, CA 91950-4301
George H. Eiser, I11 • City Attorney
(619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615
TO: Mayor and City Council DATE: June 4, 2004
FROM: City Attorney
SUBJECT: Establishment of Lien Transfer Fee for Delinquent Sewer Accounts
Sections 5470-5474.10 of the California Health and Safety Code and Chapter
14.04 of the National City Municipal Code authorize the collection of sewer service
charges, including delinquent sewer service charges, on the tax roll. These
sections also provide that delinquent sewer service charges which remain
delinquent and unpaid for 60 days constitute a lien against the real property against
which the charge has been imposed.
In order to perfect the placement of liens upon parcels of real property for
delinquent sewer service charges, the City must engage in numerous administrative
tasks such as accounting, data processing and providing public notice to affected
persons, all of which are accomplished at a significant cost to the City. Section
14.04.070 E of the Municipal Code authorizes the City Council to adopt a
resolution setting a lien transfer fee, which shall be added to the delinquent
account balance, to reimburse the City for the administrative costs incurred in
establishing the lien for delinquent sewer service charges.
The City proposes to place delinquent sewer service charges on the 2004/05 tax
roll and to place liens for those delinquent charges upon the real property against
which the charges have been imposed. The City has retained the engineering
consulting firm of PBS&J at a cost of $42,753 to administer the collection of
delinquent sewer service charges by placing such charges on the tax roll and by
placing liens on real property. This administrative cost, when allocated equally to
each delinquent account, results in an additional charge of $288.00 per account. It
is therefore recommended that the proposed resolution be approved to establish a
lien transfer fee of $288.00 for each delinquent account, which will be added to
each delinquent account balance to reimburse the City for administrative costs
incurred.
GEORGE H. EISER, III
City Attorney
GHE/gmo
eRecycled Paper