Delinquent sewer fees as defined in Section 15.36.070 may be collected by any of the following methods.
A. Administrative collection on county tax roll. The City Manager or his/her designee may collect delinquent sewer fees by placing them on the Butte County Tax Roll in accordance with the following provisions:
1. The City Manager/designee shall cause a written report to be prepared each year which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the delinquent charges and administrative collection fees due for each parcel for the year. The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the County Clerk.
2. The City Manager/designee shall cause written notice to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as otherwise known to the City. Such mailed notice may be sent as part of a regular sewer utility bill if the addressee is the owner of the property.
3. The notice shall inform the owner of the property that if the delinquent fees are not paid within 30 days of the notice date, the delinquent fees will be placed on the Butte County Tax Roll to be collected in the same manner as property taxes. The notice shall also inform the owner that they may within 21 days of the notice date submit written objections to the collection of the delinquent sewer fees on the County Tax Roll stating specifically why the delinquent fees are not properly due and/or why the delinquent sewer fees should not be placed on the County Tax Roll for collection.
4. The City Manager/designee shall review all of the written objections timely received and may delete from the report any properties which were erroneously or improperly included in the report or that show just and reasonable cause why the property/owner should be deleted from the report.
5. Not later than August 10 of each year, or such earlier date as the County Assessor may request, the City Manager/designee shall file with the Butte County Assessor the report of properties owing delinquent sewer fees to the City of Chico, and requesting the County Assessor to place those properties on the County Tax Roll for collection of delinquent sewer fees.
B. Administrative lien. The City Manager or his/her designee may collect delinquent sewer fees by recording a lien against all real property in Butte County owned by the party owing delinquent sewer fees to the City of Chico in accordance with the following procedures:
1. The City Manager/designee shall cause a written report to be prepared not more often that every three months which shall contain a description of each parcel of real property receiving such services and facilities and the amount of the delinquent charges and administrative collection fees due for each parcel. The real property may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor or by reference to plats or maps on file in the office of the County Clerk.
2. The City Manager/designee shall cause written notice to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as otherwise known to the City. Such mailed notice may be sent as part of a regular sewer utility bill if the addressee is the owner of the property.
3. The notice shall inform the owner of the property that if the delinquent fees are not paid within 30 days of the notice date, the delinquent fees will be recorded as a lien against all property of the owner located in Butte County. The notice shall also inform the owner that they may within 21 days of the notice date submit written objections to the recordation of the lien stating specifically why the delinquent fees are not properly due and/or why the delinquent sewer fees should not be recorded as a lien against the owner's property.
4. The City Manager/designee shall review all of the written objections timely received and may delete from the report any properties which were erroneously or improperly included in the report or that show just and reasonable cause why the property should be deleted from the report.
5. If the delinquent sewer fees are not paid within the time allowed, the City Manager/designee shall cause the report, a list of delinquent properties, or individual properties (as requested by the Butte County Recorder) to be recorded with the Butte County Recorder as a lien against the identified delinquent properties.
C. Administrative agreement. The City Manager or his/her designee may collect delinquent sewer fees in accordance with the following procedures:
1. The City Manager or his/her designee may enter into written repayment agreements for delinquent sewer service charges with utility customers. Upon entering into a repayment agreement, the City Manager or his/her designee may waive any penalties, charges, and interest. Agreements may not exceed 36 months. If at any time payments are not received on a monthly basis, the agreement is void. In the event the utility customer does not meet the requirements of the repayment agreement, a collections administrative fee will be added to the amount due and filed for collections efforts.
2. In conjunction with a utility service repayment agreement entered into by and between the utility customer and the city, the City Manager or his/her designee may also require a stipulated utility service repayment lien and notice of intent for satisfaction of lien through proceeds of sale of the property to be entered into by and between the utility customer and the city. The city shall file the stipulated utility service repayment lien and notice of intent for satisfaction of lien through sale of property directly with the Butte County recorder.
D. Collection agency. The City Manager or his/her designee may collect delinquent sewer fees through the hiring of a licensed, bonded and reputable collection agency.
E. Court legal action. As a separate, distinct and cumulative remedy established for the collection of said charges and penalties thereon, an action may be brought in the name of the City of Chico in any court in the County of Butte to enforce collection of the amount of delinquent sewer fees and associated penalties or the municipal service lien for the charges and all penalties thereon. In such action, reasonable attorney's fees shall be awarded to the City of Chico.
(Ord. 2599 § 5)