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Home My WebLink About05.a.1) Establish a lien re unpaid charges - ReginatoCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 16, 2011 subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT A CERTIFICATE OF UNPAID CHARGES BE RECORDED TO ESTABLISH A LIEN ON THE PROPERTY AT 5231 SAN PABLO DAM ROAD, EL SOBRANTE (APN 433- 230 -024- 5) OWNED BY GREGORY AND JEANMARIE REGINATO Submitted By: Initiating Dept/Div.: Jarred Miyamoto - Mills, Principal Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: r A --* J. Mi moto -Mills . Swanson ,,) A. Farrell K. Alm mes M. elly, j� eneral Manager ISSUE: A resolution of the Board of Directors passed by a majority (three affirmative votes) is needed to record a Certificate of Unpaid Charges to establish a lien on property owned by persons who have not paid applicable fees and charges. RECOMMENDATION: Conduct a public hearing to receive comments and consider adopting a resolution directing that a Certificate of Unpaid Charges be recorded to establish a lien on the property at 5231 San Pablo Dam Road, El Sobrante (APN 433- 230- 024 -5), owned by Gregory and Jeanmarie Reginato. Adopt the resolution. FINANCIAL IMPACTS: The recommended resolution directs staff to record a Certificate of Unpaid Charges to establish a lien on the home owned by a contractor who owes approximately $2,200 in delinquent Capacity Fees, delinquency charges and penalties. The lien would ensure collection of the delinquent amount at or before eventual sale of the property. ALTERNATIVES /CONSIDERATIONS: The Board could decline to direct recording of a Certificate of Unpaid Charges. Since staff has exhausted all feasible efforts for collection, declining establishment of a lien would result in this delinquent amount being uncollectible. BACKGROUND: This delinquency involves a home at 161 Twin Peaks Drive in Walnut Creek, which was built by developer Gregory Reginato, and connected to the District's public sewer without payment of capacity fees and other fees and charges. The home has been sold twice since it was built. In 2005, staff discovered the situation and began efforts to collect the unpaid fees and charges. WENVRSEMPosition Papers \Miyamoto- Mills\2011 \6 -16 -11 \FINAL PPs - Delinquencies 6 -16 -11 \Reginato \PP - Conduct Hearing re Reginato delinquency FINAL 6 -16 -2011 em- jm2.doc POSITION PAPER Board Meeting Date: June 16, 2011 subject. CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT A CERTIFICATE OF UNPAID CHARGES BE RECORDED TO ESTABLISH A LIEN ON THE PROPERTY AT 5231 SAN PABLO DAM ROAD, EL SOBRANTE (APN 433- 230 -024- 5) OWNED BY GREGORY AND JEANMARIE REGINATO In August 2005, Mr. Reginato and the current owners reached an agreement with the District whereby they would each pay half of the outstanding fees in installment payments. The property owners paid their portion of the fees in full, but Mr. Reginato paid only $1,000 of the $2,195 owed. The outstanding amount became delinquent on May 19, 2008, and with a delinquency charge of 10 percent of the original unpaid amount owed plus a penalty of 1 Y2 percent per month, as provided in District Code, the current total owed is $2,190.56. Staff recommends that a Certificate of Unpaid Charges be recorded to establish a lien on Mr. Reginato's home at 5231 San Pablo Dam Road in El Sobrante, as allowed under Health and Safety Code Section 6520.12. This lien would be released by the District upon payment of the delinquent amount owed or eventual sale of the property, whichever occurs first. The lien would expire after ten years, but may remain in effect indefinitely until it is released, if it is periodically extended. RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments and consider adopting a resolution directing that a Certificate of Unpaid Charges be recorded to establish a lien on the property at 5231 San Pablo Dam Road, El Sobrante (APN 433 - 230 - 024 -5), owned by Gregory and Jeanmarie Reginato. Adopt the resolution. WENVRSEC \Position Papers \Miyamoto- Mills\2011 \6 -16 -11 \FINAL PPs -Delinquencies 6 -16 -11 \Reginato \PP - Conduct Hearing re Reginato delinquency FINAL 6 -16 -2011 em- jm2.doc RESOLUTION NO. 2011 -019 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DIRECTING THAT A CERTIFICATE OF UNPAID CHARGES BE RECORDED TO ESTABLISH A LIEN ON THE PROPERTY AT 5231 SAN PABLO DAM ROAD, EL SOBRANTE (APN 433 - 230 - 024 -5) OWNED BY GREGORY M. REGINATO AND JEANMARIE REGINATO WHEREAS, Central Contra Costa Sanitary District ( CCCSD) staff has diligently pursued collection of certain unpaid capacity fees and other fees due, these efforts have been unsuccessful and the unpaid amounts are now delinquent; and WHEREAS, the California Health and Safety Code Section 6520.12 provides that CCCSD may elect to record a Certificate of Unpaid Charges to establish a lien on a property owned by persons who have not paid applicable fees and charges. NOW, THEREFORE, be it resolved by the CCCSD Board of Directors that a Certificate of Unpaid Charges be recorded to establish a lien on the property listed in Exhibit "A" attached hereto and by this reference made a part hereof. Passed and adopted this 16th day of June 2011 by the Central Contra Costa Sanitary District Board of Directors by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District EXHIBIT A DELINQUENT CHARGES — CERTIFICATE OF UNPAID CHARGES TO ESTABLISH A LIEN ON THE PROPERTY OWNED BY GREGORY M. REGINATO AND JEANMARIE REGINATO AT 5231 SAN PABLO DAM ROAD IN EL SOBRANTE, CALIFORNIA, APN 433 - 230 -024 -5 CUSTOMER NAME PROPERTY ADDRESS DELINQUENT CHARGE 5231 San Pablo Dam $2,190.56 for unpaid residential capacity fees, Reginato, Gregory Road, El Sob CA delinquent charge and penalty,owed for connection M. and Jeanmane -ante, APN 433 - 230 -024 -5 of house at 161 Twin Peaks Drive in Walnut Creek, CA TOTAL DELINQUENT CHARGES: $2,190.56