Legislation Details

File #: PCSDG 13-006    Name: Public Hearing PCSD Past Due Accounts
Type: PCSDGA Status: Approved
File created: 5/8/2013 In control: Pajaro County Sanitation District
On agenda: 5/21/2013 Final action: 5/21/2013
Title: Acting as the Board of Directors of the Pajaro County Sanitation District: a. Conduct a Public Hearing to hear the report of delinquent accounts, and consider any protests and objections to the report by landowners liable to be assessed for delinquent fees for the Pajaro County Sanitation District; b. Consider adopting a resolution confirming the report of delinquent fees for the Pajaro County Sanitation District; as identified in Exhibit A, and authorizing the delinquent fees as set forth in the confirmed report to constitute special assessments against the respective parcels of land to be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected; and c. Consider authorizing the Clerk of the Board of Supervisors to file a certified copy of the confirmed report with the Auditor-Controller.
Sponsors: Public Works / RMA
Attachments: 1. Resolution, 2. Notice of Public Hearing PCSD, 3. Exhibit A – Past Due Accounts for the Pajaro County Sanitation District, 4. Location Map, 5. Completed Board Order/Resolution
Title
Acting as the Board of Directors of the Pajaro County Sanitation District:
a. Conduct a Public Hearing to hear the report of delinquent accounts, and consider any protests and objections to the report by landowners liable to be assessed for delinquent fees for the Pajaro County Sanitation District;
b. Consider adopting a resolution confirming the report of delinquent fees for the Pajaro County Sanitation District; as identified in Exhibit A, and authorizing the delinquent fees as set forth in the confirmed report to constitute special assessments against the respective parcels of land to be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected; and
c. Consider authorizing the Clerk of the Board of Supervisors to file a certified copy of the confirmed report with the Auditor-Controller.
 
Report
RECOMMENDATIONS:
It is recommended that the Board of Supervisors acting as the Board of Directors of the Pajaro County Sanitation District:
 
a. Conduct a Public Hearing to hear the report of delinquent accounts, and consider any protests and objections to the report by landowners liable to be assessed for delinquent fees for the Pajaro County Sanitation District;
 
b. Consider adopting a resolution confirming the report of delinquent fees for the Pajaro County Sanitation District; as identified in Exhibit A, and authorizing the delinquent fees as set forth in the confirmed report to constitute special assessments against the respective parcels of land to be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected; and
 
c. Consider authorizing the Clerk of the Board of Supervisors to file a certified copy of the confirmed report with the Auditor-Controller.
 
SUMMARY:
This hearing was set by Board action on May 7, 2013, and has been properly noticed.  The proposed action will result in a Public Hearing to consider placing past due sanitation assessment service charges for the Pajaro County Sanitation District (PCSD) on the tax rolls to facilitate collections.  This assessment will be in the form of a Lien placed on the property until such time that the delinquent balance is paid in full.
 
DISCUSSION:
In 1999, the Board of Supervisors adopted ordinances removing sanitation service charges from the tax rolls and instead provided for collection through a monthly billing system.  On January 9, 2007, the Board of Supervisors adopted Ordinance No. 05054 establishing procedures for collecting delinquent fees for the PCSD.  Those procedures include holding a Public Hearing once a year to hear the report of delinquent accounts and consider any protests or objections to the report by property owners liable to be assessed for delinquent fees (Exhibit A attached).  The proposed actions would fulfill the required procedures for collection of delinquent fees.  On March 8, 2013, property owners were notified by a letter that they have delinquent accounts.  The letter informed property owners the delinquent amount as of December 31, 2012, was subject to collection through a lien on their property.  On May 8, 2013, Notices of the May 21, 2013, Public Hearing and Notices of Intent to Levy the Lien Transfer Fee were mailed to property owners listed on the report.
 
OTHER AGENCY INVOLVEMENT:
The Monterey Regional Water Pollution Control Agency (MRWPCA) acts as the billing agency for the PCSD.  The accounts listed in Exhibit A and the amounts due are based on a report provided by MRWPCA.  A certified copy of the report of delinquent fees will be filed by the Clerk of the Board with the Auditor-Controller for placement of the liens on the property tax rolls by the Treasurer-Tax Collector's Office.
 
FINANCING:
There is no impact to the General Fund.  Collectively, past due amounts for calendar year 2012 for the PCSD currently total $47,070.56 from 88 parcels. This includes basic and per month penalties through December 31, 2012, for the PCSD.  The cost associated with processing the liens for delinquent accounts including data processing, accounting, noticing, and control procedures is calculated at $60.00 per parcel.  The report of delinquent accounts first presented to the Board on May 7, 2013 has been revised to reflect full and partial payments received to date.  In accordance with Ordinance No. 05054, the processing cost will be added as lien transfer fees to the delinquent amount on a per parcel basis prior to filing the report with the Auditor-Controller.  All past due calendar year 2012 service charges and lien transfer fees collected will be deposited to the PCSD, Fund 151.  There are sufficient appropriations available in Fund 151 to cover the processing costs until the delinquent amounts are recovered.
 
 
Prepared by:  Dirk J. Medema, P.E., Environmental Services Manager, (831) 784-5647
 
Approved by:
 
 
_________________________________________
Robert K. Murdoch, P.E., Director of Public Works
 
Approved by:
 
 
_________________________________________
Benny J. Young, RMA Director
 
Dated:  May 10, 2013
 
Attachments:  Resolution; Notice of Public Hearing County of Monterey PCSD; Exhibit A - Past Due Accounts for the Pajaro County Sanitation District; Location Map