FROM:
Finance
SUBJECT:
Title
Quarterly Lien Action for Delinquent Sewer, Solid Waste and Weed Abatement Accounts End
End
RECOMMENDATION:
Recommendation
1. Authorize staff to complete and record lien against real property for those sewer accounts sixty days or more delinquent, solid waste accounts more than ninety days delinquent, and for properties with delinquent weed abatement charges outstanding as described in attached resolutions and written reports and to direct staff to file for the recording of liens for such properties.
2. Adopt Resolution No. 2025-100, of the City Council of the City of Fontana authorizing the collection of certain annual wastewater and solid waste service charges, including delinquent charges for each service, on the County property tax rolls and determining and record liens against current delinquent parcels.
3. Adopt Resolution No. 2025-101 of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.
End
COUNCIL GOALS:
• To operate in a businesslike manner by becoming more service oriented.
• To practice sound fiscal management by developing long-term funding and debt management plans.
• To improve public safety by increasing operational efficiency, visibility, and availability.
DISCUSSION:
Public Hearings on proposed liens are scheduled quarterly to allow for timely collections and recording of indebtedness. The lien process protects revenues due to the City which would have otherwise been subject to loss through skipped accounts or property transfers.
The proposed written reports (one each for sewer, solid waste and weed abatement) are on file with the City Clerk. Each property owner has had notification provided as required by state law regarding the public hearing and intent to record the lien amount, as well as regular billing notification and legal advertisement as required by City Code. Further, with respect to Weed Abatement, all property owners had the opportunity to protest weed abatement citations through an administrative hearing process.
The lists recommended for adoption contain the following;
|
Type of Account |
Number of Properties |
Current Lien Amount |
Receivables Protected to Date |
|
Sewer |
217 |
$66,805.65 |
$4,521,656.73 |
|
Solid Waste* |
86 |
$35,509.94 |
$9,636,503.12 |
|
Weed Abatement |
30 |
$10,831.10 |
$4,301,003.15 |
*Collections are payable to Burrtec Waste and should be made directly to them.
Numbers subject to change if payments are collected
An administrative fee will be included to offset the City's costs to record the lien, as well as the County fee associated with release of the lien to ensure that property titles are cleared once payment has been made. All properties with unpaid liens as of July 1st will be subject to having the remaining amounts placed on the property tax rolls for collection through separate City Council action.
FISCAL IMPACT:
The approval of this item will result in liens totaling approximately $113,146.69 being recorded with the San Bernardino County Recorder’s Office and other applicable County offices. These recorded liens will remain in effect until paid and, if still unpaid, will be included in the City’s next annual process to place delinquent charges on the County property tax roll for collection. This action will help prevent increases in customer charges due to uncollectible accounts. The Sewer lien list receivable amount has been included as revenue in the Sewer Operations Maintenance Fund for current and prior budget periods. Recording the solid waste liens strengthens Fontana solid waste’s ability to collect, thereby increasing the amount generated by the 12 % franchise fee remitted to the City
MOTION:
Approve staff recommendation.