San Bernardino Municipal Code Ch. 13.28 Collection of Delinquent Water, Rubbish, Sewer or Other Municipal…

(A) The city elects to avail itself of the provisions of the Cal. Health and Safety Code, Division 5, Part 3, Chapter 6, Article 4, §§ 5470 et seq., which set forth an alternative method of collecting charges for services and facilities furnished in connection with sanitation, sewerage or any other utility, whereby the same are collected by the County Tax Collector.

(B) This chapter shall be effective from the date of its adoption for a period of 50 years, including amendments thereto during that time.

(C) With respect to any individual account, and without prior notice thereof, the city may elect to forego the provisions of this chapter and to pursue collection of delinquent charges in any other manner permitted by law. The Integrated Waste Management Division of the Public Works Department shall develop policies and procedures regarding the collection of delinquent charges.

(D) In addition to any remedy contained herein, the city and the City Municipal Water Department are authorized to discontinue all utility services and provide notice to the property owners’s 41 days after the payment was due.

(Ord. 3533, passed 10-28-1975; Ord. MC-229, passed 12-21-1982; Ord. MC-1335, passed 10-4-2010)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DELINQUENT CHARGES. Those charges for services, equipment or facilities which remain unpaid after the date due.

SANITATION. Refuse services, including, but not limited to, residential, commercial, recycling or roll-off services, for the removal or recycling of rubbish, garbage, by-products and like matter.

(Ord. 3533, passed 10-28-1975; Ord. MC-229, passed 12-21-1982; Ord. MC-1335, passed 10-4-2010)

(A) Any person or entity who receives water, sanitation, storm drainage or sewerage services whose account has delinquent charges for services shall be mailed a notice of the delinquent charges.

(B) The City Manager, or his or her designee, shall notify the assessed owner shown on the latest equalized tax assessor’s roll whenever delinquent and unpaid charges for services, which may become a lien on real property in the manner set forth in the is chapter, remain delinquent and unpaid for 60 days. The notice so provided shall notify the assessed owner of the delinquent charges and the lien provided by this chapter.

(Ord. MC-1335, passed 10-4-2010)

The City Manager, or his or her designee, shall cause to be prepared a written report which shall be filed with the City Clerk. Said report shall contain a description of each parcel of real property receiving such water, sanitation, sewer or other utility services and the amount of the delinquent charges for each parcel computed in conformity with charges prescribed by resolution of the Mayor and City Council or pursuant to the rules and regulations of the board of water Commissioners. The real property may be described by reference to maps prepared in accordance with Cal. Revenue and Taxation Code, § 327, and on file in the office of the County Assessor or by reference to plats or maps on file in the office of the City Clerk.

(Ord. 3533, passed 10-28-1975; Ord. MC-229, passed 12-21-1982; Ord. MC-1335, passed 10-4-2010)

(A) The City Clerk shall cause notice of the filing of said report, and of a time and place of hearing thereon, to be published pursuant to Cal. Gov’t Code, § 6066, prior to the date set for hearing in a newspaper of general circulation printed and published within the city.

(B) The City Clerk shall cause a notice, in writing, of the filing of the report proposing to have such charges collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the Clerk. If the Mayor and City Council adopt the report, then the requirements for notice, in writing, to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as herein provided shall be adequate.

(Ord. 3533, passed 10-28-1975)

At the time stated in the notice, the Mayor and City Council shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. If the Mayor and City Council find that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of land.

(Ord. 3533, passed 10-28-1975)

(A) Upon the conclusion of the hearing, the Mayor and City Council may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in the report, which determination shall be final.

(B) The City Administrator may file a notice of pendency of administrative action with the County Recorder for any parcel or parcels of real property against which any water, sanitation, sewer or other utility charge is found to be delinquent hereunder by the Mayor and City Council.

(Ord. 3533, passed 10-28-1975; Ord. MC-229, passed 12-21-1982)

On or before August 10 of each year following such final determination, the Clerk shall file, with the County Auditor, a copy of the report with a statement endorsed thereon over his or her signature that it has been finally adopted by the Mayor and City Council, and the County Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. Where any such parcels are outside the boundaries of the city, they shall be added to the assessment roll of the city for the purpose of collecting such charges. If the property is not described on the roll, the County Auditor may enter the description thereon together with the amounts of the charges, as shown on the report.

(Ord. 3533, passed 10-28-1975)

The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of 12:00 p.m. the first Monday in March immediately preceding the date of levy, except as hereinafter provided.

(Ord. 3533, passed 10-28-1975)

The County Tax Collector shall include the amount of the charges on bills for taxes against the respective lot and parcels of land.

(Ord. 3533, passed 10-28-1975)

Thereafter, the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes of the city, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

(Ord. 3533, passed 10-28-1975)

All laws applicable to the levy, collection and enforcement of general taxes of the entity, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemptions are applicable to such charges, except that if any real property to which such charges relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by § 13.28.080 shall not attach to such real property, and the charges relating to such property shall be transferred to the unsecured roll of collection.

(Ord. 3533, passed 10-28-1975)

The Tax Collector may, in his or her discretion, issue separate bills for such charges and separate receipts for collection on account of such charges. The county shall be compensated for services rendered in connection with the levy, collection and enforcement of such charges in an amount to be fixed by agreement between the County Board of Supervisors and the Mayor and City Council. In any event, the compensation shall not exceed $5 for each account handled, or 1% of all money collected, whichever is greater. The compensation shall be paid into the County Salary Fund.

(Ord. 3533, passed 10-28-1975)