File #: 14-164    Version: 1 Name: Lien Processing
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 7/21/2014 Final action: 7/21/2014
Enactment date: Enactment #:
Title: Staff Report for Resolutions regarding matter of imposing liens for non-payment of delinquent 2014 Business License tax, Solid Waste service charges, Sidewalk Improvements, Certified Unified Program Agency fees, and Community Compliance Code Enforcement charges.
Sponsors: David Baum Finance Director
Attachments: 1. Supplement 4B Public Hearing 2014 0721.pdf
Related files: 14-312, 14-311
Title
Staff Report for Resolutions regarding matter of imposing liens for non-payment of delinquent 2014 Business License tax, Solid Waste service charges, Sidewalk Improvements, Certified Unified Program Agency fees, and Community Compliance Code Enforcement charges.
 
Staffreport
SUMMARY AND RECOMMENDATIONS
 
Staff recommends City Council approval of the attached Resolutions:
·      Resolution Overruling Protests
·      Resolution Imposing liens for the non-payment of delinquent 2014 business license tax, solid waste service charges, sidewalk repairs, Certified Unified Program Agency (CUPA) fees, and community compliance code enforcement charges
 
Approval of the Resolutions at the close of the public hearing will permit the City to place these delinquent charges on the applicable fiscal year 2014-15 Alameda County secured property tax bills.  
 
BACKGROUND
The San Leandro Municipal Code provides that delinquent 2014 business license tax, solid waste service charges, sidewalk repairs, CUPA fees, and community compliance code enforcement charges shall become a lien on the real property at which the service was received.  A detailed listing of all delinquent accounts for each category type is attached.  The accounts listed have not been paid as of July 21, 2014, for the services received, although ongoing attempts have been made to collect the balances due.  
Businesses were sent an annual business license and fee renewal notice in December 2013 and a final notice in March 2014.  In June 2014, a Notice of Violation letter was sent to businesses and property owners that have not renewed their license or that have a balance due, as well as notification of the July 21, 2014 public hearing.  
Alameda County Industries (ACI) conducts all solid waste activities on behalf of the City of San Leandro. In accordance with the San Leandro Municipal Code, ACI has provided the requisite notices regarding the conduct of a public hearing to lien delinquent accounts.
Property owners with sidewalk repairs, CUPA fees and community compliance code enforcement charges were sent an initial invoice.  Statements with overdue amounts are then sent monthly.  The June and July statements included lien information and the public hearing date.
Current City Council Policy
The City Council conducts a public hearing to lien delinquent accounts annually.
Summary of Public Outreach Efforts
The meeting and public hearing have been properly noticed in accordance with State law.
 
A notice of the public hearing was sent to all property owners in accordance with the provisions of the Municipal Code.
 
Fiscal Impact
The City will eventually collect the entire amount delinquent less any collection fees charged by the Alameda County Tax Collector.  The total amount of fees and charges submitted for liens is as follows:
 
Type                                                      Amount            # of Accounts
Business License Tax                        $104,338.18            167
Solid Waste Service Charges                15,895.18              77
Sidewalk Repairs                                    5,328.42                4
CUPA Fees                                                2,384.74                2
Community Code Compliance Charges    3,236.30          6
            Total Liens for 2014-15            $131,182.82            256
 
Budget Authority  
The City of San Leandro Charter
 
Attachments
Listing of delinquent accounts as of July 21, 2014
 
CONCLUSION
Staff recommends City Council approval of the Resolution Overruling Protests and the Resolution Imposing Liens for non-payment of delinquent 2014 business license tax, solid waste service charges, sidewalk repairs, CUPA fees, and community compliance code enforcement charges in order to collect the amounts due on the applicable fiscal year 2014-15 Alameda County secured property tax bills.
 
PREPARED BY:  David Baum, Finance Director