(a) Annually, on or before June 1 of each year, the City shall cause a written report to be prepared and filed with the City Clerk describing EMS Subscription Program fees and EMS response fees to be placed on the tax rolls for real property. The report shall describe the real property for each eligible participant that has been subscribed to the EMS Subscription Program pursuant to Section 3.44.030 above and the EMS Subscription Program fee for the upcoming fiscal year. The report shall also describe the real property for eachperson not covered by the EMS Subscription Program and for which delinquent EMS response fees existed after April 1. The report will contain both prospective EMS Subscription Program fees and delinquent EMS response fees and charges which may be placed on the tax rolls for residential and nonresidential property.
(b) The City Council shall fix a time, date and place for a hearing on the report and any objections or protests thereto.
(c) The City Manager shall cause written notice of such hearing to be mailed to all persons subject to the fees described in Section 3.44.050(a) above not less than 90 days prior to the date of the hearing. The notice shall indicate on the outside that such notice originates from the City of Canyon Lake.
(d) At the hearing, the City Council shall hear any objections or protests from those appearing on the report to be assessed for EMS Subscription Program fees or delinquent EMS response fees and may make such revisions or corrections to the report as it deems just, after which, by resolution, the report may be confirmed. The City Clerk shall file the report with the County of Riverside before August 10 of each year.
(e) The fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land of the eligible participants and are a lien on the property for such fees plus any administrative costs or late charges. A certified copy of the confirmed report shall be filed with the County of Riverside for amounts of the respective parcels of land as they appear on the current assessment roll.
(f) The lien created attaches upon recordation, in the office of the County recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and subject to the same procedures, including sale in case of delinquency, as provided for such taxes. All laws applicable to the levy, collection and enforcement of ad valorem property taxes shall be applicable to such assessments, except that, if any real property to which such fees or 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 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 shall not attach to such real property and the fees or charges and interest shall be transferred to the unsecured roll for collection.
(g) As used in this Chapter, “Debt Owing to the City” shall mean the amount of any unpaid fee imposed on a person pursuant to the provisions of this Chapter. The term includes all amounts encompassed in the foregoing notwithstanding the separate or additional classification of such amount that may be set forth in the applicable provision of the Chapter. The term includes all interest, accruals, administrative fees, fees including attorney’s fees, penalties, and/or costs of collection associated with the original amount. Notwithstanding the collection methods described above, any debt owing to the City is subject to recovery using any procedure for debt collection permitted by law. The procedures set forth in this Chapter are in addition to and not in derogation of any other provision for collection of a debt owing to the City. The City Manager may contract for the services of a collection agency to recover amounts due as a debt owing to the City. If the election is made to use a collection agency, such use shall be consistent with the provisions set forth herein. Employment of a collection agency shall not include the services of a licensed attorney and shall not include participation in any court proceeding by the collection agency on behalf of the City except with the prior written approval of the City Attorney. Prior to transfer of the account to a collection agency, the City Manager or their designee shall notify the debtor in writing, at the address of record, that the alleged debt owing to the City will be turned over for private collection unless the account is paid or appealed within a designated time period. Assignment or other legal transfer of the rights in an account to the collection agency may be made by the City Manager with the approval of the City Attorney. No debt owing to the City shall be transferred to a collection agency if the account has been contested.
(Ord. 187, passed 11-6-2019; Am. Ord. 208, passed 7-7-2021; Am. Ord. 209, passed 9-1-2021)