HomeMy WebLinkAboutCC Reso No 2007-135RESOLUTION NO. 2007-135
RESOLUTION OF 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, according to Lake Elsinore Municipal Code Section
8.16.206, any refuse collection rate or charge shall become delinquent if not
paid within thirty days of the time payment is due; and
WHEREAS, in that same section, the City Council has established
that each delinquent account shall be charged a penalty of ten percent (10 %)
of the monthly rate for each month the account is delinquent; and
WHEREAS, on July 23, 1996, the City Council approved collection
of delinquent accounts by way of listing the amount due on the account
holder's property tax rolls; and
WHEREAS, this collection method was restricted to those accounts
which were delinquent for a minimum of one hundred twenty (120) days;
and
WHEREAS, a written report of residential refuse collection fees
delinquent as of July 1, 2007 has been prepared and filed with the City
Cleric, and
WHEREAS, the City Council has considered evidence presented by
the Public Works Department, the City Cleric, and other interested parties at
a public meeting held with respect to this item on July 24, 2007.
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, 2007 attached hereto and incorporated into this
resolution is hereby confirmed. The City Cleric 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 its duties as is
customary in its practice.
CITY COUNCIL RESOLUTION NO. 2007-135
PAGE 2 OF 3
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 that taxes are collected. 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 purchaser, 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 fifteen (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, is 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.
SECTION 6. The City Council of the City of Lake Elsinore hereby
authorizes the collection of delinquent refuse service fees of customers with
unpaid balances of more than one hundred and twenty (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.
CITY COUNCIL RESOLUTION NO. 2007 -135
PAGE 3 OF 3
PASSED, APPROVED, AND ADOPTED this 24th day of July,
2007, by the following vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES
ABSENT:
ABSTAIN:
ATTEST:
Bert A. Brady,
City Manager /Ac
City of Lake Elsi
AS
139rbara Zeid
City of Lake
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
City Clerk
City Attorney
z .r
Robert E.
City of La
;e, Mayor
sinore
RESOLUTION NO. 2007 -135
WEED ABATEMENT
"EXHIBIT A"
FUND NUMBER: 68 -2354
TOTAL PARCELS ABATED: 508
TOTAL CHARGES ASSESSED: $ 259,524.23
(ITEMIZED WRITTEN REPORT OF EACH PARCEL AND AMOUNT ASSESSED IS
AVAILABLE IN CITY CLERK'S OFFICE).
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, MICHELLE SOTO, INTERIM CITY CLERK OF THE CITY OF
LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a
full, true and correct copy of Resolution No. 2007 - 135 of said Council, and that
the same has not been amended or repealed.
DATED: July 27, 2007
Ac"i-W69 A6
MICHELLE SOTO, INTERIM CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)