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Home My WebLink About05.a.2) Public hearing to consider directing that delinquent charges be placed on tax rolls4.z) CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC HEARING TO RECEIVE COMMENTS ON PLACING DELINQUENT CHARGES ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL AND TO RECORD A CERTIFICATE OF UNPAID CHARGES TO ESTABLISH A LIEN ON PROPERTY SUGGESTED AGENDA JULY 19, 2012 Request staff report. 2. Public Hearing on proposed resolution directing staff to place delinquent charges on the 2012 -13 Contra Costa County Tax Roll for collection: A. Open hearing B. Receive public comment, if any C. Close hearing 3. Discussion 4. Recommended Actions: a. Place delinquent charges on the 2012 -13 County Tax Roll for collection of amounts due for the property at 1800 San Luis Road, Walnut Creek, CA (APN 171 - 230 -052) ; [Four affirmative votes required] and b. Record a Certificate of Unpaid Charges to establish a lien on the property at 1800 San Luis Road, Walnut Creek, CA, (APN 171 - 230 -052). Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 19, 2012 subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT DELINQUENT CHARGES BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL AND DIRECTING THAT A CERTIFICATE OF UNPAID CHARGES BE RECORDED TO ESTABLISH A LIEN ON THE PROPERTY AT 1800 SAN LUIS ROAD, WALNUT CREEK (APN 171 - 230 -052) OWNED BY MR. MOTI KOKA Submitted By: Initiating Dept. /Div.: Earlene Millier, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: Etl E. Millier T. Brightbill J. Miy oto -Mills K. Alm Ann E. Farrell General Manager ISSUE: A resolution of the Board of Directors passed by four affirmative votes is needed to place charges on the Contra Costa County tax roll. 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 a person who has not paid applicable fees and charges. RECOMMENDATION: Conduct a public hearing to receive comments and consider adopting a resolution directing that delinquent charges be collected on the Contra Costa County tax roll and that a Certificate of Unpaid Charges be recorded to establish a lien on the property at 1800 San Luis Road, Walnut Creek (APN 171 - 230 -052), owned by Mr. Moti Koka. Adopt the resolution. FINANCIAL IMPACTS: This action will provide for collection of approximately $8,305.45 in unpaid capacity and other fees from a property that connected to the sanitary sewer without payment of fees. Placing the delinquent charges on the property tax roll for collection will ensure that the District collects the charges. Recording a Certificate of Unpaid Charges will ensure collection of the delinquent amount at or before eventual sale of the property. ALTERNATIVES /CONSIDERATIONS: The Board could decline to place the delinquent charges on the property tax roll and /or record the 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: The subject property for which capacity fees and other fees and charges are delinquent is referenced in Exhibit A (attached). N: \ENVRSEC \Position Papers \Millier\2012 \7- 19 -12 \PP Conduct PH to Consider Delinquency 7 -19 -12 FINAL.doc Page 1 of 3 POSITION PAPER Board Meeting Date: July 19, 2012 Subject CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT DELINQUENT CHARGES BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL AND DIRECTING THAT A CERTIFICATE OF UNPAID CHARGES BE RECORDED TO ESTABLISH A LIEN ON THE PROPERTY AT 1800 SAN LUIS ROAD, WALNUT CREEK (APN 171 - 230 -052) OWNED BY MR. MOTI KOKA A second living unit was built in 2010 or 2011 on the property at 1800 San Luis Road in Walnut Creek and was connected to the sanitary sewer without payment of capacity fees, permit fees, and sewer service charges. An authorized agent for the property owner signed a Special Approval in November 2009 that allowed connection of a building prior to completion of roof and rough plumbing. The Special Approval required payment of all fees and obtaining a permit for the building connection, neither of which was done. Staff has sent several letters to the property owner, and has met the legal requirements for notice, but these efforts have not resulted in collection of the fees and charges. Staff recommends that the delinquent fees and charges, including a 10% delinquency charge and penalties accrued through July 19, 2012 at l Y2 percent per month, as provided in District Code, be collected by placing these amounts on the property owner's tax bill. A resolution of the Board is needed to place delinquent charges on the Contra Costa County tax roll. Staff further recommends that a Certificate of Unpaid Charges be recorded to establish a lien on the property since the property is currently on the market and could be sold before the charges on the property tax bill are paid. A resolution of the Board is needed to record a Certificate of Unpaid Charges. The current status of this matter will be discussed with the Budget and Finance Committee at its meeting on Monday, July 16, 2012. RECOMMENDED BOARD ACTION: Adopt a resolution directing that delinquent charges be collected on the Contra Costa County tax roll and that a Certificate of Unpaid Charges be recorded to establish a lien. C: \Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Conduct PH to Consider Delinquency 7 -19 -12 FINAL.doc Page 2 of 3 EXHIBIT A DELINQUENT CHARGES CUSTOMER NAME PROPERTY ADDRESS DELINQUENT CHARGE Mr. Moti Koka 1800 San Luis Road, $8,305.45 for unpaid capacity Walnut Creek fees, special approval fee, APN 171 - 230 -052 application fee, inspection fee, sewer service charge, delinquent charge, and penalties of 1.5% per month through July 19, 2012 TOTAL DELINQUENT CHARGES $8,305.45 N: \ENVRSEC \Position Papers \Millier\2012 \7- 19 -12 \PP Conduct PH to Consider Delinquency 7 -19 -12 FINAL.doc Page 3 of 3 RESOLUTION NO. 2012 — 05; A RESOLUTION DIRECTING THAT DELINQUENT CHARGES BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL AND THAT A CERTIFICATE OF UNPAID CHARGES BE RECORDED TO ESTABLISH A LIEN ON THE PROPERTY AT 1800 SAN LUIS ROAD, WALNUT CREEK (APN 171 - 230 -052) WHEREAS, a second living unit on the property at 1800 San Luis Road in Walnut Creek, California (APN 171 - 230 -052) has been connected to the sanitary sewer without payment of appropriate capacity fees and other fees due; and WHEREAS, when said fees and charges became delinquent, the Central Contra Costa Sanitary District (District) assessed delinquency charges, and since that time has assessed penalties pursuant to provisions of District Code Section 1.08.080; and WHEREAS, the District Code provides that District may elect to collect delinquent charges on the tax roll as provided by Section 5473a and following, of the California Health and Safety Code; and WHEREAS, the District may elect to secure the delinquent charges by recording a Certificate of Unpaid Charges in the office of the Contra Costa County Recorder as authorized by Section 6520.12 of the California Health and Safety Code; WHEREAS, the District considers it to be economical and efficient to collect delinquent charges on the Contra Costa County tax roll, and prudent to record a Certificate of Unpaid Charges to secure the amount of the delinquent charges; NOW, THEREFORE, be it resolved by the Board of Directors of the District: 1) THAT delinquent charges as listed in Exhibit "A" attached hereto and by this reference made a part hereof, are to be collected on the Contra Costa County Tax Roll; and 2) THAT the President of the Board of Directors and the Secretary of the District are directed to execute a Certificate of Unpaid Charges to secure the amount of the delinquent charges; and 3) THAT District staff is directed to record the Certificate of Unpaid Charges in the office of the Contra Costa County Recorder. Resolution No. 2012- oft Delinquent Charges Page 2 of 2 Passed and adopted this 19th day of July, 2012 by the Central Contra Costa Sanitary District Board of Directors by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly 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 CUSTOMER NAME PROPERTY ADDRESS DELINQUENT CHARGE Mr. Moti Koka 1800 San Luis Road, $8,305.45 for unpaid capacity Walnut Creek fees, special approval fee, APN 171 - 230 -052 application fee, inspection fee, sewer service charge, delinquent charge, and penalties of 1.5% per month through July 19, 2012 TOTAL DELINQUENT CHARGES $8,305.45