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HomeMy WebLinkAbout03.c. Set Public Hearing for DelinquenciesCentral Contra Costa Sanitary District �. C ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 19, 2011 Subject: SET JUNE 16, 2011 AS THE DATE FOR A PUBLIC HEARING TO CONSIDER PLACING DELINQUENT FEES AND CHARGES ON THE 2011 -12 CONTRA COSTA COUNTY TAX ROLL FOR COLLECTION, PLACING LIENS ON PROPERTIES OWNED BY THOSE PERSONS WHO HAVE NOT PAID APPLICABLE FEES AND CHARGES, AND /OR TERMINATING SERVICE TO PROPERTIES FOR WHICH FEES AND CHARGES ARE DELINQUENT Submitted By: Initiating Dept. /Div.: Earlene Millier, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: E. Millier J. amoto -Mills C. Swanson A. Farrell Alm ames M. elly, eneral nager ISSUE: The District Code and state law require that the Board of Directors hold public hearings prior to considering placement of delinquent fees and charges on the property tax roll for collection, placement of liens on property, or termination of service by disconnection. RECOMMENDATION: Establish June 16, 2011 as the date for a public hearing to consider placement of delinquent fees and charges on the 2011 -12 county property tax roll for collection, placing liens on properties owned by those persons who have not paid applicable fees and charges, and /or terminating service to properties for which fees and charges are delinquent. FINANCIAL IMPACTS: None from this action. ALTERNATIVES /CONSIDERATIONS: The Board could decline to place delinquent fees and charges on the county property tax roll for collection, which would require that these monies be collected directly by the District. Direct billing would incur additional staff time and could result in a lower rate of collection of amounts owed. The District could elect to take other action, including placement of liens on property owned by those persons who have not paid applicable fees and charges, and /or terminating service to properties for which fees and charges are delinquent. BACKGROUND: The District may elect to use the county property tax roll for the collection of current or delinquent charges for services and facilities furnished by the District. N: \ENVRSEC \Position Papers\Millier\201 1 \5-19-1 1 \PP-Set Hearing Re Delinq Chrges FINAL 05 -19 -2011 jm2.DOC Page 1 of 2 POSITION PAPER Board Meeting Date: May 19, 2011 subject: SET JUNE 16, 2011 AS THE DATE FOR A PUBLIC HEARING TO CONSIDER PLACING DELINQUENT FEES AND CHARGES ON THE 2011 -12 CONTRA COSTA COUNTY TAX ROLL FOR COLLECTION, PLACING LIENS ON PROPERTIES OWNED BY THOSE PERSONS WHO HAVE NOT PAID APPLICABLE FEES AND CHARGES, AND /OR TERMINATING SERVICE TO PROPERTIES FOR WHICH FEES AND CHARGES ARE DELINQUENT A Board of Directors' resolution is needed to place delinquent charges on the 2011 -12 county property tax roll. California Health and Safety Code Section 5473, 5473a, and 6520.10 allow placement of delinquent charges on the county property tax roll. California Health and Safety Code Section 6520.12 allows for placing a lien on any property owned by the owner of a property for which capacity fees or other charges have not been paid. California Health and Safety Code Section 6523.2, and District Code Section 1.08.040 allow termination of service by disconnection for nonpayment of District fees or charges. The delinquent fees to be considered at the hearing are: Debtor Property Location and Assessor's Parcel No. Delinquent Charges Explanation of Charges Gregory M. Reginato 161 Twin Peaks Drive, $2,190.56 Unpaid capacity fees (partial Walnut Creek including penalty capacity fee was paid under an 184 - 550 -003 and delinquent agreement) char e Priyanka Kumar, owner 2375 Contra Costa $28,260.96 Unpaid capacity fees of Monsoon Masala Boulevard, Pleasant Hill including penalty (restaurant opened without and Loja Pleasant Hill 150 - 300 -012 and delinquent paying restaurant capacity LLC, property owner I charge fees RECOMMENDED BOARD ACTION: Establish June 16, 2011 as the date for a public hearing to consider placement of delinquent fees and charges on the 2011 -12 county property tax roll for collection, placing liens on properties owned by those persons who have not paid applicable fees and charges, and /or terminating service to properties for which fees and charges are delinquent. N: \ENVRSEC \Position Papers \Millier\2011 \5- 19 -11 \PP -Set Hearing Re Delinq Chrges FINAL 05 -19 -2011 jm2.DOC Page 2 of 2