HomeMy WebLinkAboutReso 36-23 lien delinquent mbgs accountsRESOLUTION NO. 36-23
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR
TO ASSESS AMOUNTS DUE ON DELINQUENT
SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS
TAX LIENS AGAINST THE PROPERTIES
PURSUANT TO GOVERNMENT CODE SECTIONS 38790.1 AND 25828
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Government Code section 38790.1 states "any city collecting garbage fees
or charges may collect delinquent fees or charges in the manner provided in Section 25831 for
counties;" and
WHEREAS, Government Code section 25831 states that at least once a year, a report
shall be prepared of delinquent fees, and the City shall fix a time, date, and place for hearing the
report and any objections or protests to the report; and
WHEREAS, the City send by certified mail notice of the hearing to the landowners listed
on the report not less than 10 days prior to the date of the hearing; and
WHEREAS, at the hearing, the Council shall hear any objections or protests of landowners
liable to be assessed for delinquent fees and may make revisions or corrections to the report as
it deems just; and
WHEREAS, Sections 8.16.170 and 8.16.375 of the Morro Bay Municipal Code (MBMC)
establish all places and premises in the City in or on which solid waste is created, accumulated
or produced must use the solid waste collection and disposal service provided by the City's
franchisee and the franchisee is responsible for collecting fees for the service; and
WHEREAS, Subsections 8.16.170 C. and D. of the MBMC states, for the purposes of
establishing responsibility for the payment of fees and charges, the customer, who has applied
for water service within the City and the owner of the property, which is furnished solid waste
service, if different from that customer, shall jointly be responsible for the payment of all rates,
charges and fees including penalties and unpaid obligations shall run with the land and shall lead
to delinquency for the property involved; and
WHEREAS, Section 8.16.385 of the MBMC further provides a method by which the
franchisee may take actions to collect fees from the owners of properties involved in delinquent
solid waste collection and disposal accounts which includes requesting the City to file a tax lien;
and
WHEREAS, the franchisee, Morro Bay Garbage Service, has taken the actions required
within the MBMC to collect fees from delinquent accounts as certified by franchisee and
incorporated herein, and has provided the required list of debtors whose account is still
delinquent; and
WHEREAS, City staff has taken actions required within the Government Code and Health
and Safety Code sections 5470 et seq. to prepare a report on delinquent solid waste fees, set a
hearing date for the City Council to hear the report and any objections or protests to said report,
and sent by certified mail notice of the hearing to the landowners listed on the report not less than
10 days prior to the date of the hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay,
pursuant to Government Code sections 38790.1 and 25831, Government Code sections 5470 et
seq., and MBMC section 8.16.385:
1. After conducting the public hearing to hear the report of delinquent solid waste
collection fees and any objections or protests of landowners liable on the report on
delinquent solid waste fees, the delinquent fees as reported below are confirmed:
Parcel Number
Total Amount
068-257-003
$
422.20
0 -249-030
$
296.07
066-201-027
$
345.33
066-152-003
$
303.81
068-395-003
$
248.05
065-061-024
$
255.75
068-321-004
$
111.42
066-081-015
$
292.47
2. The San Luis Obispo County Assessor is hereby authorized to assess the amounts
due on delinquent accounts, as established and certified by the franchisee Morro Bay
Garbage Service as liens against the properties listed below with the additional 2%
City administration fee added:
Parcel Number
Total Amount
068-257-003
430.64
068-249-030
5 302.00
66- 01-0 7
9 352.24
066-152-003
5 309.90
068-395-003
5 253.02
65- 61- 4
S 260.88
068-321-004
S 113.66
066-081-015
S 298.32
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 1311 day of June 2023 by the following vote:
AYES:
Wixom, Barton, Edwards, Ford, Landrum
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSED:
None
CARLA WIXOM, Mayor
ATTEST:
NA SWANSON, City Clerk