|
Previous Council Item |
Next Council Item | Corresponding Agenda |
| List of Council Meetings | List of Reports to Council | Sunnyvale Home Page |
July 23, 2002
|
SUBJECT: |
PUBLIC HEARING TO CAUSE CHARGES FOR NON-PAYMENT OF UTILITY SERVICES AND NON-PAYMENT FOR THE COST OF ABATEMENT OF NUISANCES TO BE PLACED ON THE FY 2002/2003 TAX ROLL (RTC#02-294) |
|
REPORT IN BRIEF |
|
The City of Sunnyvale provides utility services to all properties within city limits. Additionally, the city enforces codes related to the maintenance of private property throughout the City. Periodically, the City abates nuisances on private property in order to promote the public health and safety and general welfare of the public. Charges for both utility services, and nuisance abatements are billed to customers directly by the Department of Finance. Some of the properties receiving these services have been consistently delinquent. Attempts to collect these delinquent debts through the City’s standard collection process have failed. Staff is recommending that Council adopt a resolution to place assessments on the county property tax roll against these properties in accordance with Sunnyvale Municipal Code Sections 12.50.110 and 8.20.090. |
|
BACKGROUND |
|
At the regular meeting of the Sunnyvale City Council on June 25, 2002, a public hearing was set for July 23, 2002. The public hearing is being held in accordance with the terms of the Sunnyvale Municipal Code and other legal requirements. All affected property holders were notified of the hearing and impending legal action. |
|
EXISTING POLICY |
|
The City of Sunnyvale Municipal Code Sections 12.50.110 and 8.20.090 allow for the Director of Finance to cause delinquent charges for water, sewer or solid waste services and nuisance abatements to be collected on the tax roll together with general taxes. |
|
DISCUSSION |
|
The City of Sunnyvale Municipal Code requires that all properties receiving water service, from any vendor, also receive and be subject to charges for sewer and solid waste services with the exception of those properties utilizing a septic tank system who are exempt from the requirement for sewer service. The collection of sewer and solid waste from all inhabited properties is essential to maintaining the health and safety of the community at large. For this reason, sewer and solid waste charges are considered a civil debt. Two delinquent properties (located at 1416 Navarro Dr and 1411 Ramon Dr) receive water service from the California Water Company and sewer and solid waste services from the City. Both properties have at least 3 outstanding bills and are a minimum of 60 days delinquent in paying for the sewer and solid waste services provided to them by the City of Sunnyvale. Repeated attempts to collect the delinquent funds through the billing and notification process have been unsuccessful. Each utility customer receives a bi-monthly bill. In addition, as with all delinquent utility customers, they also receive a first reminder notice, then a second notification of delinquency, and finally a demand letter from the City Attorney’s Office notifying the customer that failure to pay would result in legal action. The City of Sunnyvale also enforces laws related to the maintenance of private property throughout the City. Between April 30 and May 2, 2001, a nuisance abatement was performed on the property located at 1147 Pome Ave. The abatement consisted of removal of three dead trees, overgrown ivy, overgrown bamboo, and miscellaneous debris, such as twelve rusted metal buckets, car parts which were buried under five feet of ivy, and dead ivy buried under the overgrown ivy. The property owner was billed for the abatement. An invoice, three reminder notices, and a final demand letter from the City Attorney’s office were sent in addition to numerous phone conversations held with the customer regarding the delinquent debt. Should the current pattern of delinquency be allowed to continue on these three accounts without action, the financial burden of providing service to these properties will fall to the paying utility customers or, in the case of the nuisance abatement customer, the General Fund. |
|
FISCAL IMPACT |
|
The assessments total $5484.73 in previously uncollected revenue. If approved, staff will forward the assessment information, with an additional 1% administrative charge, to the County of Santa Clara for collection on the 2002/2003 property tax roll. |
|
PUBLIC CONTACT |
|
Notification of the hearing was published twice in a newspaper of general circulation in accordance with the Sunnyvale Municipal Code. Notification of the hearing was also hand delivered and mailed to the billing address for each owner of each of the properties mentioned in Attachment B. Public contact is also provided via publication and posting of the City Council Agenda. Reports to Council are available in the Sunnyvale Library and on the City’s website. |
|
ALTERNATIVES |
|
|
RECOMMENDATION |
|
Staff recommends the City Council adopt Alternative 1. |
|
Prepared by:
Therese B. Balbo |
|
Reviewed by: |
|
Approved by: |
|
Attachments |
|
Previous Council Item |
Next Council Item | Corresponding Agenda |
| List of Council Meetings | List of Reports to Council | Sunnyvale Home Page |