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(a) The Director shall, regardless of any sale or other transfer of property, process payment to the Collector for 1) nonpayment of a residential refuse collection charge, or 2) nonpayment of a commercial refuse collection charge incurred after an order from the Director requiring commercial refuse collection service. The Director shall process these payments from a continuing appropriation account so provided herein under Section 291.14, and the Owner shall be liable to the City for fees paid. The payment by the City will, upon the recording thereof in the manner herein provided, create a lien on the real property to which the service was rendered. The lien will be officially recorded in the County Recorder's files, the lien to carry and will include additional charges for administrative expenses of $87 for residential liens and $127 for commercial liens, or 10 percent of the amount owed, whichever is higher, plus any applicable recording fees, and interest at a rate of 1½ percent per full month compounded monthly from the date of the recordation of the lien on all fees and charges due. The Owner shall be notified by the Director that the fees and charges are due to the City. In addition, the Owner shall be notified that if the fees and charges remain unpaid, subsequent proceedings may be taken to make said fees and charges a special assessment on the real property to which said refuse collection service was rendered.
(b) Beginning with fiscal year 2010-2011, fees set forth in this Section may be adjusted each year, without further action by the Board of Supervisors, as set forth in this Section.
Not later than April 1, the Director shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year's costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section.
Not later than May 15, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of providing the services for which the fees are assessed and that the fees will not produce revenue that is significantly more than the costs of providing the services for which the fees are assessed.
The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted rates shall become operative on July 1.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 206-93, App. 6/25/93; Ord. 100-09, File No. 081404, App. 6/23/2009; Ord. 187-10, File No. 100707, App. 7/23/2010)
If City makes payment to Collector and the information provided by Collector pursuant to Section 291.5 is found to be inaccurate so as to prevent City from recovering the amount of payment from Owner, Collector shall reimburse City for the amount paid to Collector and the administrative cost incurred pursuant to this Ordinance.
(Added by Ord. 47-83, App. 2/4/83)
(Added by Ord. 47-83, App. 2/4/83; repealed by Ord. 100-09, File No. 081404, App. 6/23/2009)
The Director may initiate proceedings to make delinquent refuse collection service fees a special assessment against the parcels of property situated within the City to which said service was rendered and fees paid by City.
(Added by Ord. 47-83, App. 2/4/83)
Any charges that remain unpaid by a residential property owner or a commercial property owner pursuant to an order of the Director under Section 291.2 for a period of 60 or more days after the date upon which they were billed are delinquent and may be collected in the manner set forth in this Article. A report of delinquent charges shall be transmitted to the Director. Upon receipt by the Director of the report, he or she shall fix a time, date and place for hearing the report and any protests or objections thereto.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
The Director shall cause notice of the hearing to be mailed to the Owner of the real property to which the service was rendered not less than 10 days prior to the date of hearing. At the time fixed for the report, the Director shall hear it with any objections of the Owner liable to be assessed for delinquent accounts. The Director may make such revisions, corrections or modifications of the report as it may deem just and in the event that the Director is satisfied with correctness of the report (as submitted or as revised, corrected or modified), the Director shall confirm the report. The decision of the Director on the report and on all protests or objections thereto shall be final and conclusive.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
Upon confirmation of the report by the Director, the delinquent charges contained therein shall constitute a special assessment against the property to which the services were rendered. Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent, ordinary municipal taxes.
The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 187-10, File No. 100707, App. 7/23/2010)
There is hereby created in the general fund a continuing appropriation account entitled "Payment of Property Owners' Delinquencies for Refuse Collection Service." This account shall be credited with such sums as may be appropriated by the Board of Supervisors, delinquencies collected by the Director of Public Health, assessments collected by the Tax Collector, and sums received in consideration of release of liens. Expenditures from said sums shall be made to Collectors for Owner delinquent accounts.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 187-10, File No. 100707, App. 7/23/2010)
Any notice required to be given hereunder by the City, the Director or any Collector to an Owner shall be sufficiently given or served upon the Owner for all purposes hereunder if personally served upon the Owner or if deposited, postage prepaid, in a post office letter box addressed to the "Owner" at the official address of the Owner maintained by the Tax Collector of the City for the mailing of tax bills or, if no such address is available, to the Owner at the address of the dwelling or commercial property.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009)
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