HomeMy WebLinkAboutResolution - 3942Resolution No. 3942
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STATE OF CALIFORNIA ) RESOLUTION NO. 3942
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 2021 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 2021, 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 5th day of July, 2022, 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
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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 filed 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 2021 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 2021 shall
be forwarded to the Riverside County Recorder/Clerk for recording of a lien, and
forwarded to the Riverside County Auditor-Controller/Treasurer/Tax 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 ge neral 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 10th day of August, 2022, the City Clerk is hereby
directed to file with the Riverside County Recorder/Clerk and the Riverside County
Auditor-Controller/Treasurer/Tax 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.
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PASSED, APPROVED AND ADOPTED this 5th day of July, 2022 by the following
vote:
AYES: Ruiz, Heath, Hawkins, Ledezma, Ayala
NAYS: None
ABSENT: None
ABSTAIN: None
CITY OF SAN JACINTO:
_____________________________
Crystal Ruiz, Mayor
ATTEST:
______________________________
Julia Espinoza, City Clerk
City of San Jacinto
APPROVED AS TO FORM:
______________________________
Michael J. Maurer, City Attorney
Best Best & Krieger LLP
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
CERTIFICATION
I, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Resolution No. 3942 was duly passed, and adopted at a regular
meeting of the City Council of the City of San Jacinto held on the 5th day of July
2022, by the following vote:
AYES: Ruiz, Heath, Hawkins, Ledezma, Ayala
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 5th day of July, 2022.
___________________________
Julia Espinoza, City Clerk
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EXHIBIT “A”
List of Assessments
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