HomeMy WebLinkAboutReso 53-19 Authorizing Tax Liens on Deliquent Solid Waste Accounts• • l TAX LIENS AGAINST THE PROPERTIES
'URSUANT TO GOVERNMENT CODE SECTIONS 387901.1 AND 258a`0-
of Morro Bay, California
,r charges may collect delinquent fees or charges in the manner provided in Section 25831 for
..ounties, and
hall be prepared of delinquent - • the City shall fix a time, date,• place for
eport and any objections or protests to the report;and
•
WHEREAS, the City 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 a public hearing set for June 25, 2019;
and
WHEREAS, at that public hearing, the Council shall hear any objections or protests of
andowners liable to be assessed for delinquent fees and may make revisions or corrections to
he 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 state, 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 accounts are still
delinquent; and
WHEREAS, City staff has taken actions required by the Government Code t0 prepare a
report on delinquent solid waste fees, set a public 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
public hearing to the landowners listed on the report not less than 10 days prior to the date of
the public hearings and
WHEREAS, on June 251 20197 such public hearing consistent with legal requirements
was held at a regular Morro Bay City Council meeting ; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay,
pursuant to Government Code sections 387901.1 and 25831 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
065-053-027
$242.20
066-023-028
$108.59
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
065-053-027
$247.04
066-023-028
$110.76
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 25t" day of June 2019 by the following vote:
AYES: Headding, Addis, Davis, McPherson
NOES: None
ABSENT: Heller
ATTEST:
d N
A SWANSON, City Clerk