HomeMy WebLinkAboutOrd 15571
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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.
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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.
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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
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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