HomeMy WebLinkAbout2021-040 - Resolution RESOLUTION NO. 2021-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CONFIRMING THE REPORT OF
DELINQUENT CHARGES FROM BURRTEC WASTE INDUSTRIES, INC.
FOR SOLID WASTE COLLECTION, WHICH SHALL CONSTITUTE
SPECIAL ASSESSMENTS AND LIENS AGAINST THE RESPECTIVE
PARCELS OF LAND AND SHALL BE COLLECTED FOR THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA AT THE SAME TIME AND IN THE
SAME MANNER AS ORDINARY COUNTY AD VALOREM PROPERTY
TAXES
WHEREAS, pursuant to Section 8.17.170 of the City of Rancho Cucamonga Municipal Code every
person who occupies any developed real property within the City of Rancho Cucamonga whether at a
residential, commercial, or industrial location, or otherwise shall make or cause to be made with the City
of Rancho Cucamonga authorized agent, appropriate arrangements for regular solid waste collection
services and it is unlawful for any such person to fail, refuse or neglect to do so; and
WHEREAS, pursuant to Section 8.17.170 the solid waste collection fee shall be a civil debt owing
or due to the City of Rancho Cucamonga or its authorized agent or contractor from the occupant or property
owner required to have service under this Chapter. An invoice for solid waste collection service unpaid for
sixty (60) days is considered delinquent; and
WHEREAS, pursuant to Section 8.17.170 any fees authorized pursuant to this Chapter which
remain unpaid after the delinquent date as set forth in this Chapter may be collected by the City of Rancho
Cucamonga as provided in this Section; and
WHEREAS, the City Council has caused to be prepared a report of delinquent charges; and
WHEREAS, a copy of said report is attached hereto, marked Exhibit "A" and made a part of this
Resolution; and
WHEREAS, the City Council scheduled 7:00 p.m. on May 19, 2021, at the City of Rancho
Cucamonga City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, California as the time and
place for hearing the report and any objections or protests thereto; and
WHEREAS, the City Council caused notice of the hearing to be mailed certified to the property
owners listed on the report, at their addresses as shown on the last equalized assessment roll, not less
than ten (10) days prior to the date of the hearing; and
WHEREAS, at the hearing, the City Council heard all objections or protests of property owners, or
their representatives, liable to be assessed for delinquent charges; and
WHEREAS, the City Council has made such revisions and corrections to the report as it deems
just; and
Resolution No. 2021-040 - Page 1 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY
RESOLVES AS FOLLOWS:
Section 1. That the delinquent charges for solid waste collection set forth in the report attached hereto as
Exhibit "A" are hereby confirmed.
Section 2. That pursuant to California Government Code Sections 38790.1 and 25831, the delinquent
charges set forth in the confirmed report shall constitute special assessments against the respective
parcels of land and is a lien on the property for the amount of the delinquent charges.
Section 3. That the City Clerk is instructed to file a certified copy of this Resolution, including the confirmed
report, with the San Bernardino County Auditor/Controller for the amounts of the respective assessments
against the respective parcels of land as they appear on the current assessment (tax) roll.
Section 4. That the City Clerk is instructed to record a certified copy of this Resolution, including the
confirmed report, in the office of the County Recorder of San Bernardino County.
Section 5. Collection Procedure. That the assessments shall be collected for the City of Rancho
Cucamonga, California, 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 those 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 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 by this section shall not attach to such real property and the delinquent charges, as confirmed,
relating to such property shall be transferred to the unsecured roll for collection.
Resolution No. 2021-040 - Page 2 of 3
PASSED, APPROVED, and ADOPTED this 19th day of May 2021.
OE
e i41*6ha4l, Mayor
ATTEST:
a ice C. Reynolds, Ci Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of
Rancho Cucamonga, at a Regular Meeting of said Council held on the 19th day of May 2021.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 20th day of May, 2021, at Rancho Cucamonga, California.
ckmk e ( e,
ice C. Reynolds, City Clerk
Resolution No. 2021-040 - Page 3 of 3