HomeMy WebLinkAboutResolution - 3674 STATE OF CALIFORNIA ) RESOLUTION NO. 3674
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, ADOPTING A REPORT DETERMINING
THE AMOUNT OF DELINQUENT RESIDENTIAL SOLID WASTE
CHARGES BILLED DURING CALENDAR YEAR 2016 AND
UNPAID; DETERMINING THAT SUCH DELINQUENT CHARGES
CONSTITUTE A SPECIAL ASSESSMENT AND LIEN; AND
DIRECTING THAT SUCH CHARGES BE COLLECTED VIA THE
RIVERSIDE COUNTY TAX ROLL
WHEREAS, pursuant to Sections 38790.1 and 25831 of the California
Government Code and Section 8.32.150(C) of the San Jacinto Municipal Code,
the City of San Jacinto is authorized to collect delinquent residential solid waste
charges, including any accrued penalties (the "Delinquent Charges") on the
Riverside County property tax roll; and
WHEREAS, pursuant to Sections 38790.1 and 25831 of the California
Government Code and Section 8.32.150(C) of the San Jacinto Municipal Code,
as applicable, the City Council desires to recover such Delinquent Charges that
were billed at any time during Calendar Year 2016 and which remain unpaid, by
forwarding them to the Riverside County Recorder/Clerk and Riverside County
Auditor-Controller/Treasurer/Tax Collector to be recorded as a lien and collected
as a special assessment on the tax roll in the same manner, by the same
persons and at the same time, together with and not separate from, the general
taxes, and has caused a written report ("Report"), a copy of which is attached
hereto as Exhibit "A" and by this reference incorporated herein, to be prepared
and filed with the City Clerk containing the description of each residential real
property parcel which is subject to the Delinquent Charges and the amount of
Delinquent Charges that remain unpaid by each such residential real property
parcel; and
WHEREAS, the City caused a notice of the filing of this Report and of the
time and place of the public hearing thereon to be mailed to the record owner of
each residential real property parcel subject to the Delinquent Charges, all in
accordance with Sections 38790.1 and 25831 of the California Government Code
and Section 8.32.150(C) of the San Jacinto Municipal Code; and
WHEREAS, at the time stated in the notice on the 18th day of July, 2017,
at 6:30 p.m., the City Council conducted the public hearing on the Written Report
and heard and considered all objections or protests thereto, and has overridden
said objections and protests; and
WHEREAS, the Delinquent Charges and costs of lien shall constitute a
lien and special assessment against the parcel or parcels of land described in the
Report in accordance with Sections 38790.1 and 25831 of the California
Government Code and Section 8.32.150(C) of the San Jacinto Municipal Code.
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND
ORDERED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, AS FOLLOWS:
SECTION 1: The City Council hereby finds and determines that the above
Recitals are true and correct are incorporated herein.
SECTION 2: The Report tiled with the City Clerk contains the description of
each residential real property parcel which is subject to the Delinquent Charges
and the amount of Delinquent Charges to be imposed thereon, which were billed
during Calendar Year 2016 and which remain unpaid, together with any accrued
penalties, and the Report is therefore approved and adopted.
SECTION 3: The Report with Delinquent Charges for Calendar Year 2016
shall be forwarded to the Riverside County Recorder/Clerk for recording of a lien,
and forwarded to the Riverside County Auditor-ControllerffreasurerlTax Collector
for collection on the tax roll in the same manner, by the same person, at the
same time, together with and not separate from the general taxes, as special
assessments against the property to which they relate, and shall constitute liens
on the property in the amount of the assessment to be added to the tax bill next
levied against the property.
SECTION 4: On or before the 15th day of August, 2017, the City Clerk is
hereby directed to file with the Riverside County Recorder/Clerk and the
Riverside County Auditor-ControlledfreasurerlTax Collector a copy of the
Report, with a statement endorsed thereon over his or her signature that this has
been fully adopted by the City Council, together with a certified copy of this
Resolution, and shall request that the Delinquent Charges be recorded as a lien
against the parcels and collected on the tax bills as a special assessment for the
taxable parcels in the City identified in the Report along with the ordinary ad
valorem taxes to be levied on and collected from owners of said parcels.
SECTION 5: The special assessment for the Delinquent Charges authorized
herein is levied without regard to the valuation of the subject residential real
properties.
SECTION 6: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications, and to this end the provisions of this Resolution are
declared to be severable.
PASSED, APPROVED AND ADOPTED this 18th day of July, 2017 by the
following vote:
Ayes: Kotyuk, Ledezma, Ruiz, Uz, Miller
Nays: None
Absent: None
Abstain: None
CITY OF SAN JACINTO:
Scott Miller, Mayor
ATTEST:
7�0/,Lh j -
la al 'on, City Clerk
a City an Jacinto
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
Michael J. Maurer, City Attorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
I, Angela Walton, City Clerk of the City of San Jacinto do hereby certify
that the foregoing Resolution No. 3674 was duly passed, and adopted at a
regular meeting of the City Council of the City of San Jacinto held on the 18th day
of July, 2017, by the following vote:
Ayes: Kotyuk, Ledezma, Ruiz, Utz, Miller
Nays: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND THE
Official Seal of the City of San Jacinto this 18u' day of July, 2017.
lei
AhgeWWalton, City Clerk
City of San Jacinto
EXHIBIT "A"
List of Assessments