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HomeMy WebLinkAboutOrd 15571 2 3 4 5 6 7 rl 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN olTv Arron NEv CITY OF BU RLINGAME 5PRIMROSE ROAD BURLINGAME, CALIF. 94010 ORDINANCE NO. 1557 ESTABLISHING LIEN PROCEDURES FOR UNPAID WATER CHARGES, SEWER SERVICE CHARGES AND SEWER DISCHARGE PERMIT FEES The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. Chapter 15.11, establishing lien procedures for unpaid water charges, sewer service charges and sewer discharge permit fees, is hereby added to read as follows: "Chapter 15.11 LIEN PROCEDURES FOR UNPAID CHARGES 15.11.010 Definitions. Unless M the context otherwise specifies or requires, the terms defined in this section shall, for all purposes of this article, have the meanings herein specified: a) The term "city" means the City of Burlingame; The term "department" means the finance department; c) The term "real property" means a lot or building thereon or other facility whether private, governmental, or otherwise receiving water or sewer services from the city; d) "Council" means city council of the City of Burlingame; e) The term "owner" when used with reference to real property shall mean, and shall conclusively be deemed to be, the legal owner of the real property; f) The term "customer" means the accepted applicant for water or sewer service, as shown on department records; g) The term "sewer service" means service rendered to real property and paid for by the sewer service charge and sewer discharge permit fee as established pursuan including the charges for such service. 1 t to this title; h) The term "water service" means the water service rendered to real property and including the charges for such service. 1 1 2 3 4 5 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN OITYOOF BURLINGAME 3PRIMROSE ROAD BURLJNGAME, GLJF. 84010 15.11.020 Owner responsibility for water and sewer service charges. The owner of any real property shall be responsible for subscribing to and paying for water service to such real %7 in accordance with rate schedules and rules and regulations established from time to time by the council. The owner of any real property shall be responsible for paying the sewer service charges and the sewer discharge permit fee from the use or occupancy of said property. Nothing in this section is intended to or shall prevent an arrangement or the continuance of any existing arrangement, pursuant to rules and regulations established by the council under which payments for water or sewer service charges or sewer discharge permit fees are made by a customer, a tenant or tenants, or any agent, in behalf of the owner; provided, however, that any such arrangement shall not relieve the owner of the obligations set forth in the first paragraph of this section where water or sewer service charges or sewer discharge permit fee is unpaid. Nothing in this chapter is intended to permit recovery of charges for water or sewer services to or for a tenant's residential use from any subsequent tenant or Al property owner in contravention of the provisions of the Public Utilities Code of the State of California. 15 11030 Collection of delinquent service charges as a special assessment lien. Whether or not water service is shut off for nonpayment of service charges, the finan ce director may initiate proceedings to make delinquent water an d sewer service charges and sewer discharge permit fees a special assessment lien against parcels of property to which said service was rendered. 15.11.040 Additional request for payment—Warning notice. When serv ice has been rendered and a bill has been presented to the owner, or to the customer when the latter is not the owner, with a bill for such service on a continuing account an d such bill remains unpaid until the succeeding billing cycle, the department shall mail to the owner written request for payment. In the case of accounts that have been closed without payment in full, the department shall mail to the owner a written request for payment. 1 2 3 4 5 6 7 S 9 l0 li 12 I3 14 15 16 17 m 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITU ATTORNEY CITY OF BU RLINGAME 601 PRIMROSE ROAD BURLINGAME, CALIF 94010 The written request for payment shall include information as to the amount due and a warning notice that if the amount due is not paid within fifteen k days, proceedings to establish a special assessment lien against the real property to which the service was furnished will be instituted, and if the lien is established and recorded, penalties and interest, pursuant to this article, will accrue. 15.11.050 Report and notice. If payment is not received within fifteen (15) days following mailing of the request, the account shall be deemed to be delinquent. Delinquent accounts which are to be subjected to the lien procedure shall be reported to the finance director at least once each month. The finance director shall conduct a hearing pursuant to rules consistent with this article and approved by the city manager. The report for such delinquent account shall contain the owner's name, the amount due, and a description of each parcel to be subjected to the lien procedure. The descriptions of the parcels shall be those used for the same parcels on the assessor's map books for the current year. Upon receipt of such report, the finance director shall fix a time, date and place for hearing the report and any protests or objections thereto, and shall cause notice of the hearing to be mailed to each owner of the parcels of real property described in the report not less than ten (10) days prior to the date of hearing. 15.11.060 Recordation—Charges. The finan ce director shall cause the confirmed and verified report to be recorded in the county recorder's office as soon as practicable. The special assessment lien on each parcel of property described in said report shall carry additional charges for administrative expenses of fifty dollars ($50) or ten percent (10%) of the amount owed, whichever is higher, together with interest at a rate of one percent (1 %) per full month compounded monthly from the date of recordation of the lien on all charges due. 15.11.07 0 Filing with controller and tax collector—Distribution of proceeds. The fmance director shall cause a certified copy of each confirmed report to be filed with 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN Arron NEr CITY OF BURIINGAME SOI PRIMROSE ROAD BURLJNGAME, ULJF.94010 the county controller and county tax collector within ten (10) days after confirmation of the report whereupon it shall be the duty of said officers to add the amount of said assessment to the current tax roll. Thereafter said amount shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary taxes of the County of San Mateo. All sums received from the tax collector pursuant to this article shall be deposited to the credit of the water fund or sewer fund in proportion to the cost of services rendered attributable to each fund. 15.11.080 Release of lien. On receipt of payment from the tax collector of the special assessment, the finance director shall cause to be recorded a release of lien with the county recorder." Section 2. This ordinance shall be published as required by law. � Meat wp ayor I, Judith A. Malfatti, City Clerk of the City of Burlingame, do hereby cert ify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 7th day of OCTOBER , 1996, and was adopted thereafter at a regular meeting of the City Council held on the 21st day of OCTOBER 1996, by the following vote: AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT, OIMAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE [A:\WTR-SWR.ORD] 0 Deputy City Clerk CITY OF BURLINGAME SUMMARY OF ADOPTED ORDINANCE ESTABLISHING LIEN PROCEDURES FOR UNPAID WATER CHARGES, SEWER CHARGES AND SEWER DISCHARGE PERMIT FEES Pursuant to Government Code Section 36933 (c)(1) following is a summary of Ordinance No. 1557 adopted October 21 1996: Provides that owner of property is responsible for subscribing for water, sewer and sewer discharge services and fees even if tenants are permitted to establish such services; establishes procedures for warning notice, hearing, and recording of lien for unpaid charges and fees. AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: A certified copy of said adopted ordinance is available in the City Clerk's office, 501 Primrose Road, Burlingame, California. Dated: 10-22-96 Pr red i /dEROME F. COLEMAN, City Attorney CITY OF BURLINGAME SUMMARY OF PROPOSED ORDINANCE ESTABLISHING LIEN PROCEDURES FOR UNPAID WATER CHARGES, SEWER CHARGES AND SEWER DISCHARGE PERMIT FEES Pursuant to Government Code Section 36933(c)(1) the following is a summary of proposed Ordinance No. 1557 Provides that owner of property is responsible for subscribing for water, sewer and sewer discharge services and fees even if tenants are permitted to establish such services; establishes procedures for warning notice, hearing, and recording of lien for unpaid charges and fees. Said ordinance was introduced on OCTQBER 7 1996; a public hearing thereon will be held OCTOBER 21 , 1996, at 7:00 p.m. at the City Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame, California. A copy of said proposed ordinance is available in the City Clerk's office, 501 Primrose Road, Burlingame, California. Dated: October 8, 1996 Prepared by JEROME F. COLEMAN City Attorney