HomeMy Public PortalAbout2023.067 (06-20-2023)RESOLUTION NO. 2023.067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD OF
ITS INTENTION TO LEVY AND COLLECT REFUSE CHARGES AGAINST
SINGLE FAMILY RESIDENTIAL PARCELS (UP TO THREE UNITS) IN
FISCAL YEAR 2023-2024 ON THE COUNTY TAX ROLL AND
AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO INCLUDE
DELINQUENT RESIDENTIAL REFUSE BILLS FROM WASTE
RESOURCES, INC. (WRI) AS A SPECIAL ASSESSMENT TO BE
COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS
COUNTY TAXES AND FIXING THE TIME AND PLACE FOR HEARING
PROTESTS AND OBJECTIONS AS JULY 18, 2023
WHEREAS, Section 38790.1 of the California Government Code authorizes cities
to collect delinquent refuse bills via a special assessment to be collected with county
taxes;
WHEREAS, Health and Safety Code Section 5473 allows any entity, by a two thirds
vote of the members of the legislative body, to elect to have refuse and garbage collection
on property tax rolls;
WHEREAS, various cities and counties have placed delinquent refuse charges on
the property tax roll as a mechanism of collection; and
WHEREAS, Lynwood Municipal Code Section 9-1 supports this mechanism of
collection for delinquent garbage and rubbish charges;
WHEREAS, the City of Lynwood has entered into agreements for the collection of
refuse by private refuse firms pursuant to the provisions of City of Lynwood Municipal
Code Section 9-1 (Health and Sanitation; Garbage and Refuse);
WHEREAS, the City of Lynwood has entered into an agreement with Waste
Resources, Inc. for the collection of refuse within the City of Lynwood pursuant to an
exclusive franchise;
WHEREAS, the agreement with Waste Resources, Inc. places the responsibility of
collecting accounts that are delinquent for over 60 days to the City of Lynwood;
WHEREAS, the City Council of the City of Lynwood desires to keep the refuse
collection costs at a minimum within the City and require that all persons pay their fair
share of these collection costs in order to keep fees as low as possible; and
WHEREAS, the City Council of the City of Lynwood has determined that the best
method of achieving this goal is to establish permanent procedures whereby the City can
place overdue charges of delinquent accounts on the property tax assessment rolls of
single-family residential parcels (up to three units) so as to better ensure payment; and
WHEREAS, the City Council of the City of Lynwood believes that these procedures
are in the best interest of the City of Lynwood.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The Fees authorized pursuant to City of Lynwood Municipal Code
Section 9-1, including those owing prospectively as well as those that remain unpaid as
of April 30 of any year, may be collected on the property tax roll pursuant to the provisions
of Health & Safety Code Section 5473 et seq as those may be amended from time to time.
a. Written Report: Annually, on or before June 15 of each year, the City or its
Solid Waste Contractor shall cause a written report to be prepared and filed with the City
Clerk. The report shall describe each parcel of real property in the City receiving services
and the amount of the charge associated with such services for the next fiscal year.
In addition, for collection of delinquent accounts, the contractor shall cause a report of
delinquent fees or charges to be prepared annually after April 30 of any year. The report
may contain both prospective and delinquent charges.
b. Upon receipt of the initial report, the City Council shall fix a time, date and
place for a public hearing on the report and any objections or protests thereto, and shall
cause written notice of such hearing to be mailed to the landowners listed on the report
not fewer than 15 calendar days prior to the date of the public hearing. Thereafter, annual
notice regarding the report shall be made by publication pursuant to Health & Safety Code
Section 5473.1 prior to the date set for the hearing, as that may be amended from time to
time and pursuant to Govt. Code Section 6066.
c. The City Council hereby sets the public hearing as July 18, 2023, at the hour
of 6:00 p.m. or soon thereafter, in the Council Chamber of the City Hall Annex, 11350
Bullis Road, Lynwood, California.
d. At the hearing, the City Council shall hear any objections or protests of
landowners liable to be assessed for fees. At the conclusion of its public hearing, the City
Council shall determine and approve, as an assessment against the property, all past due
billings and penalties due to the date of said hearing, together with the costs incurred in
collecting the unpaid charges. If there is a majority protest of the total number of property
owners notified, the report shall not be approved. Otherwise, the City Council may make
such revisions or corrections to the report as it deems just; after which, by resolution, the
report may be confirmed.
e. After the public hearing, without delaying the submittal of the list of
delinquent amounts per parcel to the County, property owners will be given an opportunity
to pay delinquent charges prior to the placement of delinquent charges on property tax
rolls.
f. A certified copy of the confirmed report shall be filed with the County Auditor
for amounts of the respective assessments against the respective parcels of land as they
appear on the current assessment roll. The City Clerk shall file the report with the County
Auditor before August 10th of each year. The City may delegate responsibilities for the
report to the Contractor or to a contractor for the City except for the conduct of the public
hearing.
Section 2. Special Assessment.
a. The 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 plus administrative costs. The lien created attaches upon
recordation, in the office of the County Recorder, of such certified copy of the resolution of
confirmation. Cal. Gov. Code § 25831.
b. The assessment may be collected at the same time and in the same manner
as ordinary county ad valorem property taxes and shall be subject to the same penalties
and the same procedure, including sale in case of delinquency, as provided for such
taxes.
c. All laws applicable to the levy, collection and enforcement of ad valorem
property taxes shall be applicable to such assessments, except that, if any real property
to which such fees or charges attach to 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 shall not attach to
such real property and the fees or charges and interest shall be transferred to the
unsecured roll for collection.
d. Each delinquent refuse bill shall be increased by an amount not to exceed
the actual costs incurred by the County of Los Angeles and charged to the City of
Lynwood for placing the delinquent refuse bills on the property tax roll via special
assessment.
e. The list of properties and the amount to be collected attached as Exhibit "A,"
shall be forwarded to the County Assessor for posting on the tax bill as a special
assessment. Exhibit "A" may be modified by the City Manager prior to placing the
delinquent bills on the property tax roll where delinquent refuse charges are paid following
the July 18, 2023 public hearing.
Section 3. This resolution shall take effect immediately upon its adoption.
Section 4. The City Clerk shall certify as to the adoption of this City Council
Resolution.
PASSED, APPROVED and ADOPTED this 20th day of June 2023.
ATTEST:
aria Quinonez
City Clerk
APPROVED AS TO FORM:
Noel Tapia
City Attorney
Oscar Flores
Mayor
APPROVED AS TO CONTENT:
ie Her
City Ma
Harf5rWong
Director of Finance & Administration
STATE OF CALIFORNIA )
)§
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby
certify that the foregoing Resolution was passed and adopted by the City Council of the
City of Lynwood at a meeting held on the 20th day of June 2023.
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Date:
Maria Quinonez,
City Clerk
STATE OF CALIFORNIA )
)§
COUNTY OF. LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk
of the City Council of said City, do hereby certify that the above foregoing is a full, true and
correct copy of Resolution No. 2023.067 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 20th day of June 2023.
Date: OW03
Maria Quinonez,
City Clerk