HomeMy WebLinkAboutCC Reso No 2008-075
RESOLUTION NO. 2008-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, 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, 2008, has been prepared and filed with the City Clerk; and
WHEREAS, the City Council has considered evidence presented by the
Public Works Department, the City Clerk, and other interested parties at a public meeting
held with respect to this item on July 8, 2008.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. The report of residential refuse collection fees delinquent as of
July 1, 2008, attached hereto and incorporated into this resolution is hereby 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 its duties as
is customary in its practice.
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
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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.
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, o~~x:
OAR HICKMAN, MAYOR
CITY OF LAKE ELSINORE
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VIVIAN MUNSON
CITY CLERK
APPROVED AS TO FORM:
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BARBARA ZEID LEIBOLD, CITY ATTORNEY
CITY OF LAKE ELSINORE
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2008-75 was adopted by the City
Council of the City of Signal Hill at a regular meeting held on the 8th day of July 2008, and
that the same was adopted by the following vote:
AYES:
Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley,
Councilmembers Thomas Buckley, Robert E. Magee and
Robert Schiffner
NOES:
None
ABSTAIN: None
ABSENT: None
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VIVIAN M. MUNSON
CITY CLERK
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