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Home My WebLink About06.a. Place delinquent charges on tax roll for 3382 Johnson Road, Lafayette/a.a. CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC HEARING CONTINUED FROM JULY 25, 2013 TO RECEIVE COMMENTS ON PLACING DELINQUENT CHARGES ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL SUGGESTED AGENDA SEPTEMBER 5, 2013 Request staff report 2. Public hearing on proposed resolution directing that delinquent charges for 3382 Johnson Road in Lafayette be placed on the Contra Costa County property tax roll for collection: A. Open public hearing B. Receive public comment, if any C. Close public hearing 3. Discussion 4. Recommended Actions: A. Adopt a resolution directing that delinquent charges for 3382 Johnson Road in Lafayette be placed on the Contra Costa County property tax roll for collection in five annual installments starting in Fiscal Year 2013 -14. (Four affirmative votes required.) Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 5, 2013 Subject: CONTINUE A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT DELINQUENT CHARGES FOR 3382 JOHNSON ROAD IN LAFAYETTE BE COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL IN FIVE ANNUAL INSTALLMENTS BEGINNING IN FISCAL YEAR 2013 -14 Submitted By. Initiating DeptJDiv.: Earlene Millier, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ,/� T. Brightbill — Senior Engineer r��y D. Gemmell — Environmental Services Division Manager K. Alm Counsel for the 1 n R. Bailey 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. RECOMMENDATION: Adopt a resolution directing that delinquent charges for 3382 Johnson Road in Lafayette be collected on the Contra Costa County property tax roll in five annual installments starting in fiscal year 2013 -14. FINANCIAL IMPACTS: This action will provide for collection of $7,595.00 in unpaid capacity and other fees for a second living unit at 3382 Johnson Road in Lafayette, which was 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. ALTERNATIVES /CONSIDERATIONS: The Board could decline to place the delinquent charges on the property tax roll or direct staff to make alternative arrangements. Since staff has exhausted all feasible efforts for collection, declining establishment of a lien would likely result in the delinquent amounts being uncollectible. The Board could also direct staff to place the entire amount on the fiscal year 2013 -14 property tax roll rather than over five years. The property owner, Mrs. Nancy Martin, has indicated that this would create a significant financial hardship for her. BACKGROUND: A second living unit at 3382 Johnson Road in Lafayette was connected to the sanitary sewer without payment of capacity fees, permit and inspection fees, and sewer service charges. The construction and connection of the second living unit was done by the property owner's now - deceased husband. The property owner has very little knowledge or documentation of the construction, but has C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Continue PH Delinquency 3382 Johnson Rd 9 -5 -13 Final.doc Page 1 of 2 POSITION PAPER Board Meeting Date: September 5, 2013 Subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION DIRECTING THAT DELINQUENT CHARGES FOR 3382 JOHNSON ROAD IN LAFAYETTE BE COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL IN FIVE ANNUAL INSTALLMENTS BEGINNING IN FISCAL YEAR 2013 -14 acknowledged that the second living unit is used as a rental unit and has been continuously rented out for several years. 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. The property owner attended the public hearing on July 25, 2013, and requested additional time in order to discuss the matter with staff. Staff has discussed the matter with the property owner, who has agreed to staff's proposal to place the delinquent charges on the property tax roll in five annual installments beginning in fiscal year 2013 -14. Staff recommends that the delinquent fees and charges be collected by placing these amounts on the property owner's tax bill in five annual installments starting in fiscal year 2013 -14. Staff also recommends that the Delinquent Charge of ten percent of the unpaid fee amount, and the Penalty of 1 Y2 percent per month be waived since the property owner has agreed to the above arrangements. A resolution of the Board is needed to place delinquent charges on the Contra Costa County tax roll. The property owner has indicated that the property could change hands in the near future, although it is not currently listed for sale. Staff will file a Certificate of Unpaid Charges to secure the full amount of the unpaid fees until such time as the five installments have been collected, which is when the Certificate will be released. If approved, the first of the five installments of the delinquent charges will be sent to Contra Costa County for inclusion on the property tax bill for fiscal year 2013 -14. COMMITTEE RECOMMENDATION: This matter will be discussed with the Budget and Finance Committee at its September 3, 2013 meeting. RECOMMENDED BOARD ACTION: Adopt a resolution directing that delinquent charges for 3382 Johnson Road in Lafayette be placed on the Contra Costa County property tax roll for collection in five annual installments starting in Fiscal Year 2013 -14. Attached Supportinq Documents: 1. Proposed Resolution C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Continue PH Delinquency 3382 Johnson Rd 9 -5 -13 Final.doc Page 2 of 2 RESOLUTION NO. 2013 — Q 3 1 A RESOLUTION DIRECTING THAT DELINQUENT CHARGES FOR 3382 JOHNSON ROAD IN LAFAYETTE BE COLLECTED ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL IN FIVE ANNUAL INSTALLMENTS BEGINNING IN FISCAL YEAR 2013 -14 WHEREAS, a second living unit at 3382 Johnson Road in Lafayette has been connected to the sanitary sewer without payment of appropriate capacity fees and other fees due; and WHEREAS, Central Contra Costa Sanitary District (District) staff has attempted to collect said fees and charges by mailing letters and invoices to the property owner; 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 considers it to be economical and efficient to collect delinquent charges on the Contra Costa County tax roll; NOW, THEREFORE, be it resolved by the Board of Directors of the District: THAT delinquent charges for 3382 Johnson Road in Lafayette are to be collected on the Contra Costa County Property Tax Roll in five annual installments beginning in Fiscal Year 2013 -14. Passed and adopted this 5th day of September, 2013 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, CMC 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