Upland Municipal Code Ch. 13.34 Lien Procedure for Delinquent Water, Sewer and Trash Collection Service…

As used in this chapter, the following terms shall have the following definitions:

"City"

shall mean the City of Upland.

"City clerk"

shall mean the city clerk of the City of Upland.

"City council"

shall mean the city council for the City of Upland.

"County"

shall mean the county of San Bernardino.

"County auditor"

shall mean the auditor-controller for the county of San Bernardino.

"County recorder"

shall mean the recorder for the county of San Bernardino.

"County tax collector"

shall mean the tax collector for the county of San Bernardino.

"Current assessment roll"

shall mean current assessment roll for the county of San Bernardino.

"Delinquent service charges"

shall mean service charges for water and/or sewer and/or trash collection services, including any associated penalties and fees, that remain unpaid for 60 days or more.

"Hearing"

shall mean a proceeding before the Upland city council where protests and objections to the report may be heard and where the council may adopt, revise, change, reduce or modify any charge or overrule any or all objections to the charges contained in the report.

"Newspaper"

shall refer to any newspaper of general circulation within the city of Upland.

"Property owner"

shall mean the person, persons, or entity that is listed on the San Bernardino County Current Equalized Assessment Roll as the owner or owners of the subject property.

"Report"

shall mean the report described in Section 13.34.030.

(Ord. 1983, 11/27/2023)

Except as otherwise allowed by law, in the event of delinquent service charges, the city may at its discretion elect to record an assessment lien on the property to which said charges have been imposed in the amount of the delinquent service charges and any associated penalties and fees. The city shall collect such charges by their addition to the current assessment roll pursuant to the procedures set forth in this chapter, or any other applicable procedures under state law.

(Ord. 1983, 11/27/2023)

The city shall cause to be created and filed with the city clerk a report proposing the collection of delinquent service charges to be collected by addition to the current assessment roll and describing properties with delinquent service charges, including the name and address of the property owner, and the amount of the delinquent service charges for each property.

(Ord. 1983, 11/27/2023)

The city council shall conduct a hearing where it will consider the contents of the report and any objections or protests from affected property owners. The city clerk shall publish notice of the date, time and location of the hearing in a newspaper of general circulation within the City of Upland, once a week for two consecutive weeks prior to the hearing as set forth in California Government Code Section 6066. Notice containing the date, time and location of the hearing shall also be mailed to each property owner with delinquent service charges at least 10 days prior to the hearing.

(Ord. 1983, 11/27/2023)

At the hearing, the city council shall hear any objections or protests from property owners with delinquent service charges. The city council may adopt, revise, change, reduce or modify any charge or overrule any or all objections to the charges contained in the report. The report, including any revisions, changes or modifications shall be adopted by resolution of the city council.

(Ord. 1983, 11/27/2023)

The city clerk shall file the adopted report with the county auditor by August 10 of each year and shall include a signed statement that the report was adopted by resolution of the city council. The county auditor shall enter the amount of each delinquent service charge against each respective property contained in the report as it appears on the current assessment roll for the purpose of collecting such charges.

(Ord. 1983, 11/27/2023)

After filing the report and statement with the county auditor pursuant to Section 13.34.060, the amount of delinquent service shall constitute an assessment lien against the property against which the charge has been imposed, and said charges shall be secured by filing for record in the office of the county recorder a certificate specifying the amount of delinquent service charges and the name and address of the property owner liable for said charges.

(Ord. 1983, 11/27/2023)

The county tax collector shall include the amount of the delinquent service charges on bills for taxes against the property and thereafter the amount of said charges shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such charges, except that if any real property to which such lien would attach 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 attaches 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 this section shall not attach to such real property and the delinquent and unpaid charges relating to such property shall be transferred to the unsecured roll for collection.

(Ord. 1983, 11/27/2023)

The city may charge fees and penalties in connection with the provisions of this chapter in an amount set by resolution of the city council and such fees and penalties may be added onto the amount of any delinquency that is assessed on the tax roll or recorded against any property as a lien.

(Ord. 1983, 11/27/2023)

Assessment liens recorded pursuant to this chapter shall be released upon full satisfaction thereof.

(Ord. 1983, 11/27/2023)