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HomeMy WebLinkAboutReso 57-22 lien delinquent mbgs accountsRESOLUTION NO. 57-22 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 o r 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 o n 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 o r 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 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 Tess 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 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 Amount Total 065-150-004 $188.17 066-081-015 $199.33 $160.33 066-152-003 068-264-013 $186.55 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. Amount Total Parcel Number 065-150-004 $191.93 $203.32 066-081-015 066-152-003 $163.54 $190.28 068-264-013 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of June 2022 by the following vote: AYES: Headding, Addis, Barton, Ford, Heller NOES: None ABSENT: None ABSTAIN: None JOHNS EADING, Mayor ATTEST: out cdu.' DANA SWANSON, City Clerk