MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT To provide responsive service to our growing community that exceeds expectations at a fair value

Transcription

1 POLICY AND ACTION ITEM 11.1 MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT To provide responsive service to our growing community that exceeds expectations at a fair value STAFF REPORT AGENDA TITLE: Discussion/Action Regarding Imposition of Liens for Unpaid Service Charges for Utility Bills MEETING DATE: December 14, 2016 PREPARED BY: Sarah Ragsdale, Administrative Services Director RECOMMENDATION: Staff recommends that the Mountain House Community Services District (MHCSD) Board of Directors (Board) hear protests or objections made by property owners liable to be assessed for delinquent accounts, review the attached Report of Delinquencies (Attachment A), revise the Report as deemed appropriate, and confirm the Report, as revised. DISCUSSION: MHCSD Ordinance provides that utility charges constitute a lien upon the parcel of real property to which such service was rendered. In addition, utility charges that have become delinquent shall cause the owner of such property to be subject to a lien on the property. The utility accounts listed on the attached Report of Delinquencies (Attachment A) are delinquent. No property owners shown on the Report have requested a hearing before the Board. Ordinance outlines the following procedures and timelines for placing liens on properties: The General Manager shall provide notice to the owner of the property subject to the delinquency. Owner shall mean the owner of record title on the property. An owner wishing to protest or appeal the lien must notify the General Manager in writing within ten days after the date of the notice. The General Manager shall prepare a report of delinquencies and set the date of a public hearing. The hearing date shall not be earlier than ten days after receipt of the owner s request. The Board shall review the report of delinquencies and hear any objections of property owners liable to be assessed for delinquent accounts. The Board may make any revisions, corrections or modifications to the report as deemed appropriate. The decision of the Board shall be final and conclusive. Upon confirmation of the report by the Board, the delinquent charges contained therein shall constitute a special assessment against the property. Thereafter, such assessments may be 230 S. Sterling Drive, Suite 100, Mountain House, CA Tel (209) Fax (209)

2 POLICY AND ACTION ITEM 11.1 collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and same procedure of sales as provided for delinquent ordinary taxes. FISCAL IMPACT: The confirmation of the Report of Delinquencies ensures that the District will receive payment for delinquent accounts either through the imposition of a lien or through placement on the property tax roll. STRATEGIC PLAN IMPLEMENTATION: This proposed action will help the District achieve the following finance goal and objectives: FIN-F Goal: Develop and improve revenue forecasting Objective 1.3: Create a procedure on the collection of past due utility bills owner responsibility Objective 1.4: Impose and maintain liens on properties for unpaid utility bills ACTION FOLLOWING BOARD APPROVAL: As noted in the Discussion section above, upon confirmation of the Report of Delinquencies by the Board, the delinquent charges shall constitute a special assessment against the property. Staff will process liens against the properties. If a lien is not satisfied by August 15, 2017, staff will submit the delinquency to San Joaquin County to be placed on the tax roll. The amount will be collected in the same manner as ordinary property taxes are collected. ATTACHMENT(S): Attachment A: Report of Delinquencies Attachment B: Resolution Approving Report of Delinquencies as Revised, Corrected or Modified c: District Counsel 230 S. Sterling Drive, Suite 100, Mountain House, CA Tel (209) Fax (209)

3 POLICY ACTION ITEM 11.1 ATTACHMENT A Report of Delinquencies APN Account Number Service Address Owner's Name Mailing Address City State Zip Past Due Balance Lien Fee Total Balance Due W BONAVENTURE DR HIBA& ELFATIH ELZEIN 4644 CREEKWOOD DR FREMONT CA $ $ $ S CABALLO ST CUTHILL, BRIAN/TAMMI 190 S CABBALO ST MOUNTAIN HOUSE CA W ESPLANADE DR SUBRAMANIAM HARLNATH 506 W ESPLANADE DR MOUNTAIN HOUSE CA GOODWIN ST CHANDRASHEKAR, SAWMYA 125 CONNEMARA WAY APT 74 SUNNYVALE CA W RICO WAY CARDOZA, ELSIE 2225 ARAGON CT TRACY, CA , SEAN AVE REI209LLC 2311 N TRACY BLVD TRACY, CA , , W VERANO CT DHANWANTRI, MANU/RUCHIKA 1100 LANGTON DR SAN RAMON CA $ 6,620.28

4 POLICY & ACTION ITEM 11.1 ATTACHMENT B BEFORE THE MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT BOARD OF DIRECTORS RESOLUTION R RESOLUTION APPROVING REPORT OF DELINQUENCIES AS REVISED, CORRECTED OR MODIFIED WHEREAS, Mountain House Community Services District Ordinance provides the procedures and timelines for establishing charges constituting a lien and procedures to lien; and WHEREAS, Ordinance provides that utility charges constitute a lien upon the parcel of real property to which such service was rendered; and WHEREAS, in accordance with the provisions of Ordinance , the General Manager notified persons liable for charges and penalties due to unpaid utility bills of such delinquencies, of the hearing before the Board of Directors, and of the opportunity to appeal the charges before the Board; and WHEREAS, the General Manager has submitted the attached Report of Delinquencies (Exhibit A) which contains the names and addresses of the record title on the property of the persons liable for charges and penalties due for unpaid utility bills; and WHEREAS, Ordinance provides that the Board of Directors shall hear objections of property owners liable to be assessed for delinquent accounts and may confirm the Report of Delinquencies; and WHEREAS, approval of this Resolution shall constitute a special assessment against the properties listed in the attached Report of Delinquencies; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors confirms the attached Report of Delinquencies; and BE IT FURTHER RESOLVED that the General Manager or his designee is authorized and directed to file liens with the Recorder of the County of San Joaquin on the properties listed on the attached Report of Delinquencies; and BE IT FURTHER RESOLVED that for any lien not paid in full by August 15, 2017, the General Manager or his designee is authorized to request that the delinquent amount be added to the tax roll and cause the assessment to be collected at the same time and in the same manner as ordinary property taxes.

5 PASSED AND ADOPTED this 14 th day of December, 2016 by the following vote of the Board of Directors of the Mountain House Community Services District, to wit: AYES: NOES: ABSENT: POLICY & ACTION ITEM 11.1 ATTACHMENT B ATTEST: NICOLE M. F. ADAMO Deputy Secretary of the Board of Directors of the Mountain House Community Services District, County of San Joaquin, State of California BRIAN LUCID, PRESIDENT Board of Directors of the Mountain House Community Services District, County of San Joaquin, State of California By: