(A) The monthly collection, and processing, and street sweeping rates will be reviewed at least once each year by the City staff and adjusted by the City council where necessary; provided, however, that any homeowner may request such a review if they believe the fee being charged is not a reasonable estimate of their actual cost of service.
(B) The base service rates will be billed annually on the County property tax bill for Single-Family dwellings, duplexes, triplexes, Multi-Family dwellings, and mobile home parks. In all other cases, the fees and/or additional services provided by Franchise Hauler, shall be billed directly by Franchise Hauler.
(C) Special collection services required by any user on a regular basis, or for a large or unique circumstances, shall be charged at a rate as approved by City Council. Special charges shall be collected from the tenant or property owner by the City on a periodic basis.
(D) Should the tenant neglect to pay the fee, such fee shall be paid by the property owner or become a lien against the property and attach such liens on the next regulator bill levied against the parcel and the amount of the assessment to be collected at the same time and in the same manner as ordinary City taxes are collected and that said assessment shall be subject to the same penalties and interest and to the same procedures for foreclosure and sale in the case of delinquency as are provided for ordinary City taxes.
(E) A ten percent (10%) late charge (or $1.00 whichever is greater) will be added to unpaid bills after thirty (30) days from due date. Said late charge and additional penalties as specified in the Health and Safety Code shall be made on the unpaid balance of the bill.
(F) Any fees authorized pursuant to Section 3-2-7
of this chapter which remain unpaid for a period of four (4) or more months after the date upon which they were billed may be collected thereafter by the City as provided in this Section:
1. At the time the fees for owner-occupied property become delinquent, until such time as they are fully paid, the delinquent account balance, including late charges, shall constitute an unrecorded lien against the property and, as such, may be identified during a title search. For Commercial Businesses, delinquent account balances, including late charges, may be considered an unrecorded lien against the business name and/or owner of the business.
2. Once a year the City Council may cause to be prepared a report of delinquent fees including late charges. The Council shall fix a time, date and place for hearing the report and receive any objections or protests thereto.
3. The Council shall cause notice of hearing to be mailed to the landowners listed on the report not less than ten days prior to the date of the hearing.
4. At a hearing the Council shall hear any objections or protests of landowners liable to be assessed for delinquent fees, including late charges and administrative fees, as set by resolution of the City Council. The Council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.
5. The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees including late charges. A certified copy of the confirmed report shall be filed with the County auditor for the amounts or the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien(s) created attaches upon recordation, in the office of the County recorder of the County in which the property is situated, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary County ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem property taxes shall be applicable to such assessment; except, that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this Section shall not attach to such real property and the delinquent fees, as confirmed, relating to such property shall be transferred to the unsecured roll for collection and recorded in the name of the prior property owner following City policies and procedures.
6. In addition to, or in lieu of other collection processes, delinquent balances may be processed through a collection bureau.
7. In addition or in the alternative, and at the option of the City, the City may file a civil action for the collection of any amounts due and unpaid. This remedy shall be cumulative and in addition to the remedy of means of enforcing payment of the sum required to be paid by this chapter stated in Subsection 1. through 7.
8. The City Manager may authorize refunds for disposal or processing fees pursuant to the City’s policies and procedures concerning such refunds. (Ord. 837-20, 8-18-2020)