HomeMy WebLinkAbout7319_CCv0001.pdf RESOLUTION NO. 7319
A RESOLUTIONT OF THE CITY COUNCIL OF THE CITY OF REDLANDS
ESTABLISHING A LIEN NOTIFICATION PROCESS POLICY
WHEREAS, the City of Redlands provides utility services consisting of water,
sewer; and solid waste and street cleaning to residential and non-residential properties
located in the City's jurisdiction; and
WHEREAS, there are some properties that do not receive all four services due to
their locations within the City, and
WHEREAS, in 2009, City staff implemented a lien notification process for those
properties that receive solid waste and street cleaning services and solid waste service only,
who together are commonly referred to as"solid waste only"customers; and
WHEREAS, within this group of"solid waste only" customers, there are a large
number of property accounts that are in a tenant's name, rather than the owner's name; and
WHEREAS, in the event a tenant does not pay the "solid waste only" bill, the
owner can be held responsible for the delinquent amount through the placement of a lien
on the property pursuant to Section 13.64.050 of the Redlands Municipal Code;and
WHEREAS, City staff has proposed revisions to its lien notification process to
address questions and concerns recently raised by some"solid waste only"customers;and
WHEREAS, the proposed changes to the process include setting a delinquency
amount threshold of$100 for notification to an owner by certified mail that the property
may be subject to a lien, rather than notification by regular mail of the same, and
establishing the number of days past-due at 60 days or more to be considered a delinquent
account for purposes of the notification; and
WHEREAS, staff has formulated its notification process into a formal policy for
consideration by the City Council;
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of
Redlands as follows:
Section 1. The Lien Notification Process Policy attached hereto as Exhibit"A,"
is hereby adopted.
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I:',cclerk\Re- olutits \Res 7300-739%7319-Adoption of Lien Notification Process Policy.doc
ADOPTED, SIGNED ANIS APPROVED this 3ird day of September, 2013.
A
Pete Aguilar, Mayor
ATTEST:
e-144
-Sam Irwin, Ci Cl r
I, Sam Irwin, City Cleric of the City of Redlands, hereby certify that the foregoing
resolution was adopted by the City Council at a regular meeting thereof held on the 3'd day
of September,2013,by the following vete:
APES: Councilmembers Harrison, Poster, Gardner, Gilbreath, Mayor Aguilar
NOES: None
ABSTAIN: None
ABSENT: None
S Irwin, City Cl
2
Ukuler R lwimsWes 73€10-7399!7319-Adoption of Liar Notification ss Policy-doe
EXHIBIT
"A"
City of Redlands
POLICY & PROCEDURES
Subject: ; Lieu Notification process Department: Finance
Policy No. F-002-2013 bate of Last Update: 0910312013
Ordinance/Resolution No. 7319 Initial Issue Date:09/23/2009
Definitions:
enQuest --CIS Customer Information System Data Base
Background:
The City of Redlands 'City" provides utility services consisting of water, sewer, solid waste
and street cleaning to residential and non-residential properties located in the City's jurisdiction,
However,there are properties that do not receive all four services dire to their location and/or
boundaries of City's services.
For the purpose of this process, our focus is on properties that receive solid waste and street
cleaning;services or solid este service only. Properties in these two groups are commonly
referred to as"solid waste only" customers, Additionally,within this group of"solid waste only"
customers, there are a large number of accounts that are in the tenant's name, not the owner's
name. In the event the tenant does not pay his/her"solid wasteon4c" bill, the owner can be held
responsible pursuant to Section 13.64.050 of the Redlands Municipal Code.
Instruction.
Ie New Customers_During theset-up process for"solid waste orris'' accounts,the
customer service representative will make every attempt to determine if the
customer is an owner or a tenant. If it is determined that the customer-is a tenant,
the customer service representative will request the name, address and phone
number of the owner. This o er information will be shred in an Excel
spreadsheet for records purposes. Additionally, this information will be used to
send a notice _(Exhibit 1 to the owner advising hi `her that he/she can be held
responsible for any future delinquent charges incurred by the tenant. This is in
compliance with Redlands Municipal Code 13,64.050; which states in part, "The
city may notice a properq,owner that an application for itfility account kas been
received by the chyfrom a person requesting utility-services utility—servicesin a nwwtkan
the owner of the property to be serviced....."
. Existing Customers—for all accounts, whether the account holder is a.tenant or a
property owner, the normal collection process is followed. However, for those accounts
that are in the name of tenant and have not responded to the"Final -Notice,"
notification(Exhibit ill be mailed to the property owner on file advising of the
delinquent status and that the property owner can be held responsible as stated in
Redlands Municipal Code section 13.64.050, which father states, "... in tke
event of nonpayntentany rtion oft e municipal services state end any charges
for service shall be deemed the responsibility of the property owner and may result in a
lien against the property. This notification also advises the owner that he/she may
directly assume responsibility for this service,if he/she chooses.
3. Annual Review–On an annual basis, all "solid waste only" accounts that have
delinquent unpaid charges will be reviewed for possible collection via county tax rolls.
For those accounts that meet the"Delinquent Customer Criteria,"a special notification
will be mailed to the property owner advising that these delinquent charges can be added
to their property taxes,if not paid-in-full by the deadline provided.
a. Notification Process and "Delinquent Customer Criteria"–On or about June 30
of each year,a preliminary list of all"solid waste only"accounts that have a
delinquent balance equal to or greater than 60 days past due will be created. This list
will be used to mail a Notice of Public Hearing(Exhibit 3)-- 10 days in advance of
such hearing—to each property owner. Accounts with delinquent balances equal to
or greater than$100 will receive the notification via certified mail. For accounts with
delinquent balances less than$100, a notification will be sent regular mail. This is in
compliance with Redlands Municipal Code Section 13.64.060, which states, "In
addition to any other remedies it may have for the collection of delinquent
accounts,the city may cause notice of a hearing on delinquent accounts in
accordance with Government Code sections 25830.1 and 38790.1. Such notice shall
be mailed to property owners listed as delinquent accounts not less than ten (10)
days prior to the date of the hearing.At the hearing, the city council shall hear any
objections or protests of such property owners. The city council may make such
revisions,corrections or deletions to the report of delinquent accounts as it deems
just,after which, by resolution, the report shall be confirmed, The delinquent
charges set forth in the delinquent account report may be placed as a lien on such
properties for the amount of such delinquent charges plus legal fees and
administration costs.A certified copy of the confirmed report shall be filed with the
city clerk,for the current tax roll. The lien created attaches upon recordation,in
the office of the county recorder, of a certified copy of the resolution of
confirmation.All laws applicable to the 16y,collection and enforcement of city ad
valorem property taxes shall be applicable to such liens."
b. Reporting to County Auditor/Controller-Recorder-On or around September 3 of
each year a final list of all "solid waste only„accounts that are past due 60 days or
more will be created. This list,containing parcel number and delinquent balance
owed,is provided to the County Auditor/Controller-Recorder's Property Tax
Division,for inclusion on the property owner's bi-annual tax bill.
c. Removal of Delinquent Balance Owed from Utility Account–Once a"solid waste
only" account is referred to the county for collection of a delinquent balance,the
amount owed is then removed from the customer's utility bill with the City of
Redlands.
A-2)
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EXHIBIT I
Date
<<OWNER NAME>>
<<STREET NO>> <<STREET NAME>>
<<CITY>> <<STATE>> <<ZIP>>
Re-, Property located at: <<PREMISE ADDRESS>>
Chapter 13.64 of the City of Redlands Municipal Code provides that any charges for
City solid waste services to a property are the responsibility of the owner of that
property, regardless of whether such services are established by a person other than
the owner of the property, such as a tenant renting the property. In compliance with
Redlands Municipal Code Section 13.64.050 C, the City of Redlands is notifying owners
of property that, as an owner of such property, you may be held liable for any unpaid,
delinquent solid waste service charges that may be accrued by a tenant of your
property.
In the event that the payment status of this solid waste account becomes delinquent in
the future, the City may exercise its right to pursue any and all remedies for collection in
accordance with Redlands Municipal Code Section 13.64.060.
If you have any questions regarding this notification, or would like to directly assume
responsibility for payment of the City's solid waste services bill for the above property,
please contact our customer service group at 909-798-7516. A copy of Redlands
Municipal Code Sections 13.64.050 C and 13.64.060 is enclosed for your review.
Sincerely,
Tina T. Kundig
Finance Director
Enclosure.- Redlands Municipal Code Sections 13.64.050 C and 13.64.060
Exhibit I -Page I
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RMC 13.64.050: BILLING AND DEPOSIT FOR SOLID WASTE SERVICES:
C. The city may notice aproperty owner that an application for utility account has been
received by the city from a person requesting utility services in a name other than the
owner ref the property to be serviced, and that in the event of nonpayment of arty portion
of the municipal services statement, any charges for service shall be deemed the
responsibility of the property owner and may result in a lien against the property. (Ord,
24315 1, 2000: Ord. 2382§1, 1998).
RMC 13.64.060: FAILURE TO PAY CHARGES:
A. Solid waste charges may be included in the city's municipal services statement. Failure to
pay any part of the municipal services statement, including the solid waste charge, shall
result in the delinquency of such statement, actionable as a civil debt to the city.
B. In addition to any other remedies it may have for the collection of delinquent accounts,
the city may cause notice of hearing on delinquent accounts in accordance with
Government Code sections 25830.1 and 38790.1. Such notice shall be mailed to property
owners listed as delinquent accounts not less than ten (10) days prior to the date of the
hearing. At the hearing, the city council shall hear any objections or protests of such
property owners. The city council may make such revisions, corrections or deletions to
the report of delinquent accounts as it deems just, after which, by resolution, the report
shall be confirmed The delinquent charges set forth in the delinquent account report may
be placed as a lien on such properties for the amount of such delinquent charges plus
legal fees and administration costs. A certified copy of the confirmed report shall be filed
with the city clerk for the current tax roll. The lien created attaches upon recordation, in
the office of the county recorder, of a certified copy of the resolution of confirmation. All
laws applicable to the levy}, collection and enforcement of city ad valorem property taxes
shall be applicable to such liens. (Ord. 2382§ 1, 1998)
Exhibit I —Page 2
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EXHIBIT 2
Date
oOWNER NAME))
<<STREE1:--)> <<STREET-NAME>>
oCITY)> (<State)> eZIP>>
Re: Property located at: <<PREMISE ADDRESS>>
In compliance with Redlands Municipal Code Section 13.64.050 C, owners of property
being used for rental purposes may be held liable for any unpaid, delinquent solid waste
service charges that may be accrued by their tenant.
Currently, our records indicate that your tenant's account is delinquent. In the event
that the payment status of this solid waste account remains delinquent, the City may
exercise its right to pursue any and all remedies for collection in accordance with the
Chapter 13.64 of the Redlands Municipal Code. This may include placing a lien on your
property.
To determine if the delinquent balance owed has been paid or if you would like to
directly assume responsibility for payment of the municipal utility services bill for the
above property, please contact our customer service group at 909-798-7529. Copies of
Redlands Municipal Code Sections 13.64.050 C and 13.64.060 have been included for
your convenience.
Sincerely,
Tina T. Kundig
Finance Director
Enclosure: Redlands Municipal Code Sections 13.64.050 C and 13.64.060
Exhibit 2-Page I
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RMC 13.64.060: BILLING AND DEPOSIT FOR SOLID WASTE SERVICES:
C. The city may notice a property owner that an application for utility account has been
received by the city from a person requesting utility services in a name other than the
owner of the property to be serviced, and that in the event of nonpayment of any portion
of the municipal services statement, any charges for service shall be deemed the
responsibility of the property owner and may result in a lien against the property. (Ord.
24315 1, 2000: Ord 2382§1, 1998).
RMC 13.64.060: FAILURE TO PAY CHARGES:
A. Solid waste charges may be included in the city's municipal services statement. Vailure to
pay any part of the municipal services statement, including the solid waste charge, shall
result in the delinquency of such statement, actionable as a civil debt to the city.
B. In addition to any other remedies it may have for the collection of delinquent accounts,
the city may cause notice of hearing on delinquent accounts in accordance with
Government Code sections 25830.1 and 38790.1. Such notice shall be mailed to property
owners listed as delinquent accounts not less than ten (10) days prior to the date of the
hearing. At the hearing, the city council shall hear any objections or protests of such
property owners. The city council may make such revisions, corrections or deletions to
the report of delinquent accounts as it deems just, after which, by resolution, the report
shall be confirmed. The delinquent charges set forth in the delinquent account report may
be placed as a lien on such properties for the amount of such delinquent charges plus
legal fees and administration costs. A certified copy of the confirmed report shall be filed
with the city clerk,for the current tax roll. The lien created attaches upon recordation, in
the office of the county recorder, of a certified copy of the resolution of confirmation. All
laws applicable to the levy, collection and enforcement of city ad valorem property taxes
shall he applicable to such liens. (Ord 2382§1, 1998)
Exhibit 2—Page 2
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EXHIBIT 3
DATE
<<OWNER NAME>>
<<STREET NO>> <<STREET NAME>>
<<CITY>> <<STATE>> <<ZIP>>
RE- APN # <<PARCEL #>>
PREMISE ADDRESS: <<PREMISE ADDRESS>>
DELINQUENT BALANCE AS OF THIS NOTICE- $<<AMOUNT OWED>>
NOTICE OF PUBLIC HEARING
This notice is to inform you that on <<MONTH>> <<DAY>>, <<YEAR>> at <<TIME>>
p.m. in the City of Redlands Council Chambers located at 35 Cajon St., Suite 2,
Redlands, California, the Redlands City Council will hold a public hearing to consider
the submittal of a report to the Auditor of San Bernardino County for recordation of a
Special Assessment on the <<YEAR-YEAR>> tax roll against your property resulting
from non-payment of a City of Redlands municipal services account.
As the property owner of record, you have the opportunity to present to the City Council
comments and/or testimony regarding this matter.
To prevent this impending lien action, please remit your past due balance in full no later
than <<DAY>>, on <<MONTH>> <<DAY>>, <<YEAR>>.
For questions regarding this matter, please contact Cindy Tryon, Utilities Customer
Service Supervisor, at 909-798-7678, Extension 1, or Karin Grance, Revenue Manager,
at 909-798-7596.
Exhibit 3 —Page I
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