Legislation Details

File #: PCSDG 13-003    Name: Set a Public Hearing on May 21, 2013 at 10:30 a.m. to hear the report of delinquent accounts for Pajaro County Sanitation District
Type: PCSDGA Status: Approved
File created: 4/18/2013 In control: Pajaro County Sanitation District
On agenda: 5/7/2013 Final action: 5/7/2013
Title: Acting as the Board of Directors of the Pajaro County Sanitation District: a. Set a Public Hearing on May 21, 2013, at 10:30 a.m., to hear the report of delinquent accounts and consider any protests or objections to the report by landowners liable to be assessed for delinquent fees for the Pajaro County Sanitation District; b. Direct that a report of delinquent fees be prepared for the Pajaro County Sanitation District; and c. Direct the RMA - Public Works to mail the notice of hearing to the landowners listed in the report not less than ten (10) days prior to the date of the hearing. d. Direct the Clerk of the Board to publish Notice of Hearing to set date of May 21, 2013 in the Monterey County Weekly. (REVISED VIA SUPPLEMENTAL)
Sponsors: Public Works / RMA
Attachments: 1. Exhibit A-Past Due Accounts for Pajaro County Sanitation District, 2. Location Map, 3. Completed Board Order
Title
Acting as the Board of Directors of the Pajaro County Sanitation District:
a. Set a Public Hearing on May 21, 2013, at 10:30 a.m., to hear the report of delinquent accounts and consider any protests or objections to the report by landowners liable to be assessed for delinquent fees for the Pajaro County Sanitation District;
b. Direct that a report of delinquent fees be prepared for the Pajaro County Sanitation District; and
c. Direct the RMA - Public Works to mail the notice of hearing to the landowners listed in the report not less than ten (10) days prior to the date of the hearing.
d. Direct the Clerk of the Board to publish Notice of Hearing to set date of May 21, 2013 in the Monterey County Weekly. (REVISED VIA SUPPLEMENTAL)
 
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors, acting as the Board of Directors of the Pajaro County Sanitation District:
 
a. Set a Public Hearing on May 21, 2013, at 10:30 a.m., to hear the report of delinquent accounts and consider any protests or objections to the report by landowners liable to be assessed for delinquent fees for the Pajaro County Sanitation District;
 
b. Direct that a report of delinquent fees be prepared for the Pajaro County Sanitation District; and
 
c. Direct the RMA - Public Works to mail the notice of hearing to the landowners listed in the report not less than ten (10) days prior to the date of the hearing.
 
d. Direct the Clerk of the Board to publish Notice of Hearing to set date of May 21, 2013 in the Monterey County Weekly.
 
SUMMARY:
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 by landowners liable to be assessed for delinquent fees (Exhibit A).  
 
Certain property owners in the PCSD have accrued significant unpaid balances during calendar year 2012 on accounts for 123 parcels despite multiple billing notices.  The proposed action would schedule the required hearing regarding the 123 accounts with unpaid balances.  
 
On March 8, 2013, property owners were notified by a letter that they have delinquent accounts.  The letter informed property owners that the delinquent amount as of December 31, 2012 was subject to collection through a lien on their property.  Notice of the May 21, 2013 hearing will be mailed, not less than ten (10) days prior to the hearing, to property owners listed on the report.
 
OTHER AGENCY INVOLVEMENT:
The Monterey Regional Water Pollution Control Agency acts as the billing agency for the PCSD.  Placement of the liens on the property tax rolls will be done by the Treasurer-Tax Collector's Office.
 
FINANCING:
There is no impact to the General Fund.  Past due amounts for calendar year 2012 for the PCSD currently total $50,603.49 from 123 parcels.  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.  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 forwarding the accounts to the Treasurer-Tax Collector's Office, for a total lien amount of $57,983.49.  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:  April 29, 2013
 
Attachments: Exhibit A - Past Due Accounts for the Pajaro County Sanitation District; Location Map; (Attachments on file with the Clerk of the Board)