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Each recipient agency as part of its annual budget estimate shall include in that estimate an allocation of funds for transfer to the General Fund sufficient to defray the anticipated cost of services to be rendered and facilities to be provided by all rendering agencies, calculated on the basis of its general service charge prepared by the Controller.
(Added by Ord. 152-80, App. 4/18/80)
The Controller shall on an annual basis, as part of his or her duties in reviewing budget estimates submitted to him or her and consolidated by him or her for transmission to the Mayor, verify that the annual budget for each recipient agency contains an allocation of funds for transfer to the General Fund sufficient to fund the cost of services to be rendered and facilities to be provided by all rendering agencies. In those cases where the Controller determines that the recipient agency has failed in its budget estimate to make the allocation of funds for transfer to the General Fund to defray the cost of rendering services or providing facilities to all service rendering agencies, calculated pursuant to its general service charge, the Controller shall make the appropriate allocation by reducing expenditures for other items in the budget estimates.
(Added by Ord. 152-80, App. 4/18/80; amended by Ord. 319-00, File No. 001914, App. 12/28/2000)
(Amended by Ord. 59-83, App. 2/4/83; repealed by Ord. 319-00, File No. 001914, App. 12/28/2000)
(Added by Ord. 58-82, App. 2/11/82; amended by Ord. 278-96, App. 7/3/96; repealed by Ord. 319-00, File No. 001914, App. 12/28/2000)
(Added by Ord. 342-87, App. 8/21/87; amended by Ord. 283-90, App. 7/24/90; repealed by Ord. 319-00, File No. 001914, App. 12/28/2000)
(Added by Ord. 416-93, App. 12/23/93; amended by Ord. 79-96, App. 2/23/96; Ord. 278-96, App. 7/3/96; repealed by Ord. 319-00, File No. 001914, App. 12/28/2000)
(Added by Ord. 376-96, App. 9/30/96; repealed by Ord. 319-00, File No. 001914, App. 12/28/2000)
Applicability. | |
Request for Payment; Notice of Delinquent Account and Proposed Lien; Authorization for Lien. | |
Report to Board of Supervisors. | |
Notice of Hearing. | |
Hearing. | |
Creation of Lien. | |
Recordation. | |
Filing With Controller and Tax Collector; Distribution of Proceeds. | |
Release of Lien, Recording Fee. | |
The following procedures are adopted pursuant to California Government Code Section 54988 and/or the Charter City Powers of City and County of San Francisco. Where an ordinance of the City and County of San Francisco authorizes the creation and imposition of a lien to enforce financial obligations owed to the City and County of San Francisco, the procedure set forth herein shall govern unless a different lien procedure is specifically provided for. If another ordinance of the City and County authorizes a different lien procedure which is subsequently declared invalid by a court of competent jurisdiction, then the procedures set forth in this Article shall apply.
(Added by Ord. 29-89, App. 1/25/89; amended by Ord. 321-00, File No. 001916, App. 12/28/2000)
(a) Prior to initiating proceedings under this Article for the imposition of a lien, the department seeking to collect the fee, charge or cost at issue shall mail the property owner a written request for payment. If the fee, charge or cost has not been paid within 30 calendar days of such notice, the department may initiate lien proceedings pursuant to this Article to recover the amount due. Where another ordinance authorizing a specific lien requires not less than 30 calendar days written notice to the property owner prior to the initiation of lien proceedings, that notice shall constitute compliance with this Subsection.
(b) A department seeking to initiate lien proceedings shall, following the end of the 30 calendar day period set forth in subsection (a), send the property owner via certified mail a written notice of proposed lien that shall include information as to the amount due, instructions for payment, and the name and telephone number of a department official to contact for questions or further information. The notice shall further state that if the amount due is not paid within 45 days, it shall be considered a delinquent account subject to lien pursuant to this Article and that before the lien may be imposed, the property owner has the right to appear before the Board of Supervisors at a hearing regarding the amount due. The notice shall also state that if the obligation remains unpaid, administrative fees, penalties and interest (including interest on amounts due after they have become a lien and continuing until paid) pursuant to this Article will accrue and become part of the lien.
(c) To the extent that an ordinance authorizing a specific lien does not provide for notice, or establishes lesser notice requirements, this section shall establish minimum notice requirements. To the extent that an ordinance authorizing a specific lien establishes greater or additional notice requirements, those notice requirements shall control. The provisions of this section are not intended to affect any notice requirements imposed by preemptive State or federal law.
(d) A financial obligation that is subject to this Article, and which remains unpaid after 45 calendar days from the date of the notice required pursuant to subsection (b) shall be deemed a delinquent account. In accordance with the procedures set forth in this Article, the Board of Supervisors may ensure collection of a delinquent account by making the amount thereof, along with any administrative charges, penalties, fees and interest, a lien against the subject property.
(Added by Ord. 321-00, File No. 001916, App. 12/28/2000)
Each head of a department or office shall report not less than annually to the Board of Supervisors on delinquent accounts as provided herein. The report to the Board of Supervisors shall contain the following information for each such delinquent account:
1. The property owner's name;
2. The purpose of the charge, the payment for which is overdue;
3. The amount due, including penalty and interest;
4. The amount of the unpaid balance, including penalty on the delinquent payment;
5. A description of the parcel or property against which a lien may be assessed. The descriptions of the parcels shall be those used for the same parcels on the Assessor's map books for the current year; and
6. A recommendation on whether the lien procedure is appropriate for such delinquent account; and if not, a detailed explanation of inappropriateness shall be included.
(Added by Ord. 29-89, App. 1/25/89; amended by Ord. 321-00, File No. 001916, App. 12/28/2000)
Upon receipt of such report the Board shall fix a time, date and place for a hearing on the report and any protest or objections thereto, and shall cause notice of the hearing to be sent by certified mail to each owner of the property described in the report not less than 10 days prior to the date of hearing. Such notice shall be mailed to the owner at the address maintained by the Tax Collector for the mailing of property tax bills. In addition, where the proposed lien would be entitled to greater force, effect and priority than that provided by law for a judgment lien, a copy of the notice shall be mailed to other persons who have a recorded interest in the property.
(Added by Ord. 29-89, App. 1/25/89; amended by Ord. 321-00, File No. 001916, App. 12/28/2000)
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