Pursuant to the authority set out in Health & Safety Code Sections 5470 et seq., the City may by 4/5ths vote adopt an ordinance, levy and collect an annual standby charge on unimproved property for solid waste capacity and collection and to meet obligations under AB 939, as it may be revised from time to time. By resolution approved by 4/5ths vote of the City Council, such charges may be collected in the same manner, by the same persons and at the same time and together with real property general taxes. In such event, the City Council shall:
(a) Annually cause a written report to be filed with the City Clerk, describing each parcel and the amount of the charge;
(b) Give notice of the charge and a hearing thereon shall be given as set out in Health & Safety Code Section 5473.1;
(c) At the time of the hearing, hear and consider any and all protests to the report. In the event of a protest by the owners of a majority of separate parcels, the report shall not be approved;
(d) Absent a majority protest, approve the report and file it with the County Auditor as set out in Section 5473.4 of the Health & Safety Code; and
(e) The charges set out in the report shall constitute a lien on the property in the same manner as real property taxes.
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 redemption, 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 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 charges relating to such property shall be transferred to the unsecured roll of collection.
(15-9/91 § 6.09.03) (Am. Ord. 172, passed 7-12-2017; Am. Ord. 173, passed 8-2-2017)