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HomeMy WebLinkAboutCC Reso No 2010-047RESOLUTION NO. 2010 -047 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS WHEREAS, a written report of residential refuse collection fees delinquent as of July 1, 2010 has been prepared and filed with the City Clerk as set out in the Lake Elsinore Municipal Code and the Health and Safety Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The report of residential refuse collection fees delinquent as of July 1, 2010 attached to and incorporated herewith in this resolution hereby is confirmed. The City Clerk is directed to file a certified copy of this resolution and of the report with the County Auditor. The County Auditor is designated and empowered to perform the duties as necessary. SECTION 2. The fees set forth in the report shall constitute a special assessment against the respective parcels on which they are levied and are a lien against such property. The assessment shall be collected at the same time and subject to the same procedures provided such taxes. All laws applicable to the levy, collection and enforcement of ad valorem property taxes shall be applicable to such assessments, except that if any real property to which such fees or changes relate has been transferred or conveyed to a bona fide encumbrance for value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then a lien which would otherwise be imposed shall not attach to such real property and the fees or charges or interest shall be transferred to the unsecured roll for collection. SECTION 3. The City shall remit the fees collected to the franchised solid waste collector within 15 -days after receipt thereof. SECTION 4. That portion of the principal, interest and other costs related to the delinquent trash accounts to be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A" (a summary of fixed charges). SECTION 5. That the properties to be assessed and the related amounts are submitted on magnetic tape as requested by the Riverside County Tax Collector, further identified as County Fund No. 68 -2370. Resolution No. 2010 -047 Page 2 of 3 SECTION 6. That the City Council of the City of Lake Elsinore hereby adopt the collection of delinquent refuse service fees of customers with unpaid balances of more than 120 -days to be collected permanently on the annual property tax roll. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this 27th day of July, 2010. Melissa Melendez, Mayor City of Lake Elsinore V Carol CowleJ, Interim City City of Lake Elsinore APPROVED AS TO FORM: hz1f46W B rbara Leibo d, City Attorney. City of Lake Elsinore Resolution No. 2010 -047 Page 3 of 3 STATE OF CALIFORNIA ) CITY OF LAKE ELSINORE ) SS. COUNTY OF RIVERSIDE ) I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010 -047 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 27th day of July 2010, and that the same was adopted by the following vote: AYES: COUNCIL MEMBERS BUCKLEY, HICKMAN, MAGEE, MAYOR PRO TEM BHUTTA AND MAYOR MELENDEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE CAROL COWL INTERIM CITY