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HomeMy WebLinkAboutCC Ord 1273 1988-05-02 ORDINANCE NUl4BER _/213 . AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA PROVIDING FOR COMMUNITY SERVICES FEES AND ADDING CHAPTER 22A TO THE CODE OF THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH OOES ORDAIN AS FOLLOWS: Section 1. Chapter 22A is hereby added to the Code of the City of Seal Beach, California to read as follows: I CHAPTER 22A. Sect 22A-l. Definitions. For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. Community Services. The term "community services" shall mean any type of public service provided by the City to the residents and property owners of the City including, but not limited to, tree trimming and street sweeping services. conmunit1 Services Fee. The term "community services fee" sha 1 mean a 11 charges for any type of pub 1 i c service provided by the City to the residents and property owners of the City including, but not limited to, charges for tree trimming and street sweeping services as established by resolution of the City Council. Dwelling. The term "dwelling" shall mean any building designed or used exclusively for residential purposes by one or more persons. Dwelling Unit. The term "dwelling unit" shall mean one or more rooms in a dwelling designed as a unit of occupancy by not more than one fanily for living and sleeping purposes and having kitchen facilities for the exclusive use of the occupants of such dwelling unit. Multiple residential dwelling. The term "multiple residential dwelling" shall mean any building, or portion thereof, containing more than one dwelling unit located on a single lot or parcel. Nonres identi al pro~erty. The term "nonresi denti al property" shall mean all rea property within the City other than property used for residential occupancy. Nonresidential property includes, but is not limited to, motels, hotels, restaurants, vacant property regardless of zoning designation and any other building or structure designed or intended to be occupied or used for business, commercial or industrial purposes. Residential occupanc~. The term "residential occupancy" shall mean and inclu e all property herein defined as dwelling unit, single-family dwelling and multiple residential dwelling. ~le-familY dwelling. The term "single-family dwelling" snall mean any dwelling containing only one dwelling unit located on a single lot or parcel. Sec. 22A-2. Imposition of Conmunity Services Fee. A community services fee in an amount not to exceed the cost of providing the community service for which the fee is imposed may be imposed by resolution of the City Council upon each dwelling unit and nonresidential property in the City designated by such resolution. I I Ordinance Number /02.1; , I Sec. 22A-3. charyes. The charges for the community services fee shal be established and fixed by a resolution of the City Council which specifies the community service for which the community services fee is imposed. Any community services fee shall be in an amount not to exceed the cost of providing the specified community service for which the fee is imposed. A copy of the most current resolution shall be maintained on file in the office of the City Clerk. Sec. 22A-4. Billing. The community services fee for a particular property shall be billed on the same bill and to the same person as the water bill for that particular property and shall be due and payable at the same time that such water bill is due and payable. In the event that the City does not furnish water service to a property, the community services fee for such property shall be due and payable in an amount and for such a period as established by resolution of the City Council. I Sec. 22A-S. Delinquency. The community services fee shall be due and payable upon the first day of every month following the reading of the water meter and shall be deemed delinquent if not paid on or before thirty days thereafter, and such billing and reading shall be made by the City every two months. Sec. 22A-6. OelinQuent Charges. rlode of Collection. Any amount of a community services fee due and owing after thirty days shall bear interest at the then maximum legal rate of interest, and if costs are incurred by the City for the collection of such fee, those reasonable collection costs and reasonable attorneys' fees may additionally be charged. For purposes of collecting delinquent community service fees the following procedure is hereby adopted: 1. All amounts (principal and interest and costs of collection) which remain unpaid for a period of 60 or more days after the date upon which they ,"weie~iii lled, may be collected thereafter by the .~ Ci ty from the owner of record of any premi ses as follows: (a) Once each year the City Council shall cause to be prepared a report of delinquent charges and costs of collection. The City Council shall fix a time, date and place for a hear- ing on the report and any objections thereto. (b) Not less than 10 days before the date set for the hearing on the report, the City Clerk shall mail, postage prepaid, notices of the hearing to each property owner listed in the report. (c) At the hearing the City Council shall hear any objections of property owners liable to be assessed for delinquent charges and costs of collection. The City Council may modify the report in any respect it deems just. Following the hearing, the report and the assessments contained therein, shall be confirmed by resolution. I (d) The delinquent charges and costs 'of collection set forth in the report, as confirmed, shall constitute special assessments against the respective parcels of land listed in the report and shall be a lien on such parcels for the amount of such delinquent charges and costs of Ordi nance Number /..2 73 , collection. The City Council shall cause a certified copy of the confirmed report to be filed with the County Auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The City Council shall also cause a certified copy of the resolution confirming the report and the assessments contained therein to be filed in I the office of the County Recorder of the County of Orange. Upon recordation of the certified copy of such resolution, the assessments shall constitute a lien against the respective parcels. The assessments shall thereafter be collected at the same time and in the same manner as general taxes of the City on real property and the assessments and the annual interest on the assessments shall be payable and become delin- quent at the same times and shall bear the same proportionate penalties and interest after delinquency as do the general taxes on real property of the City. 2. Nothing in Section 22A-6 hereof shall limit the right of the City to avail itself of any other legal remedy by which the City might collect such charges or costs of collection. PASSED, I TATE OF CALIFORNIA) COUNTY OF ORANGE ) 5S CITY OF SEAL BEACH ) AYES: ~~~ I , NOES: Councilmember ABSENT: Councilmembers . I I I Ordinance NumlEr ~ PROOf Of PUBLICATION 12015.5 C.C.P.1 STATE OF CALIFORNIA. County of Orange I am a citizen ot the United SIale' and a resident of the County alore"id; I am over the age of eighteen years. and nol a parly to or Interested in the above.entitled mailer. I am the principal clerk 01 Ihe prlnler of the SEAL BEACH JOUnNAL .................................................... .................................................... a newspaper 01 general circulation. printed . WEEKLY and publl5hed .................................. in the City 01 .....~.~~~..!'!~,~.~~............. County 01 Orange. and which neW5. paper ha5 been adj udged a newspaper 01 general circulation by the Superior Court 01 the County 01 Orange. State ot Calilornia. under the date 01..}.7.~~ 19.;1.lj. Case Number . All2.5.6J....; Ihallhe notice. 01 which Ihe annexed 15 a printed copy lsel in Iype not 'smaller Ihan nonpareil). ha, been publi5hed in each regular and entire issue 01 5ald new5pape'r. and not In any supplement thereol on the 'ollowing. dale,. ~~:~'7na&dJ....3l.~....,.. all in Ihe year 19..0:: I certily (or declare) under penally 01 perjury Ihat Ihe 'oregoing Is Irue and correcl. t SEAL BEACII ' Dated a......................................... ccytlfria. thIS....q.,..CJ1f. .01../..... 19 .~~ ..ur:M~h./1A... ..~ V Signature Fret co,....,IIUIIIII.n....rl'll m.,.. ",.'" ',.m. CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Advertising Clearing House 120 Wesl Second S'" Los Angeles. Calli. 90012 Telephone: 12131 62!i.2!i41 PI.,II r......' OE NERAL P'"", ,,,,,,Iull... wbln order in, 'ftl. form, This space I' for 'he Coun'y Clerk', Filing Stamp Proo' 0' Publication of .......'(Ol)...,.......i.........I.L.......:~..... . ..... ...\. .......~.(....o.~q.\~.<<t 5 a....... rUn.nlna NOTICE OF PU8LIC _0 NOTICE IS HEREBY GIVEN Ihol till City Council 01 till City of SUt Buch. will conduct. IIUblic "'111I an Mon. day. AprIlIB, 1988 II 7,00 p.m ,n tho CIty Council CIlImbors, 211 8th Stroot, Sal Buch. Colllam... IItlling III Community 50MCII _ and ad. ding Chop.... 22-#, tD !he CacIo of tho Coly of Sui Beach. DAlEO THIS 2IIltl day of March. 1988 __.. YIO, CIty ~ .CIty~-- Mlrch 31. 1988 Published in the SIll Buch Journal . Ordinance Number /..t 7:3 , PROOF OF PUBLICATION (2015.5 C.C.P.l STATE OF CALIFORNIA. County of Orange I am'a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years. and not a party to 01" Interested In the above-entltled matter. I am the principal clerk of the printer of the SEAL BEACH JOURNAL .................................................... .................................................... a newspaper of general circulation. printed WEEKLY and published. .......... ....................... . SEAL BEACH In the City of .................................. County of Orange. and which news. paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange. State of California. underthedateof...?:.~~ 19.1.:;. Case Number . AS2.5.8.1....: thatthenotice. of which the annexed is a printed copy (set in type not 'smaller than nonpareil I. has been publiShed in each regular and entire issue of said newspaper and not in any SUPp~lnt thereof on the following dates. ~~:~~t.: .. .W..~~i~~............. all In th year 19..&:$' I certify (or declare,l under penalty of perjury that the foregoing is true and correct . SEAL BEACt! Dated at......................................... {Jjf~nia. t~i~'~t.~. y o:.'l;.,. ,19 .2.~ Ut~~'f1.a. . te.tN-ad o Signatur P,.. c... O. '1111 Ill..... torm m" .. HCU'O. ',om: CALIFORNIA NEWSPAPER SERVICE' BUREAU, INC. Legal Advertising Clearing House 120 Well Second S",. Los Angeles, Calif. 90012 Telephone: 12131625.2541 Pl.... '"un' OEN.RAL Ptoof.f PulllllcI''''' wll... .,..,1... .11., lorlll. This space is for the County Clerk's Filing Stamp I Proof of Publication of '''fl;, '1....... ..~...... ........ '1' ":":'",i''' ~ ..0 L.&.LtK...:Yd!...&rJ.....k..t--J ..-aM. ORDIN-......... ~.1m.01 -.--nIERVlClFIII .lIIdinonco Numbor 1273 oItIlo CIty of _-'IIIdq~22A"tIloI 'CadI 01 till CIty aI SUIIluch. pro- fvldlnsrar tIlo ImpIISIlIon aI . Camm. IIIIl1ItySeMcesF-._I_1l till ...,Iar City Council _ins 01 . ApII 18, 1988. Firs' _111I " 0<- dinance Number 1273 was .pprtNICI Ilf!he 1011..111I _,. AVES, Clift. G..... Hunt. Ritner. Wilson NOES: Nane Matian Clrried I Ordinance Number 1273 will rKeive smmd rudina and be cansidnd for I edDptlon It the "lUlIr City Council f IIIIIlinsolMI12,1988.CaplelofOr- t dilllnCe N....1273 nlMIIilllbleIn 'tIlI aIIlco 01 !he City CIe"'. CIty Hall. 211 . 8th Street. Sui Beach; .111......... 12131431-2527. ~IlATtDTHIS'I9lhdl1ofAprII.I988 '_ M. Yeo. CIty C*k CIty 01 ....1 _ ApII 28. 1988 Published in the Sui Buch ..bufnll. I I I I I Ordinance Number /02J!j , PROOF OF PUBLICATION (2015.5 C.C.P.l STATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party to or interested In the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH JOURNAL .................................................... .................................................... a newspaper of general circulation. printed . WEEKL V and publiShed ............... ..... .............. In the City of .....~.~~~...~~.~.~~............ County of Orange. and which news. paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange. State of California. under the date of. ..~.7.~~ 19.1.5. Case Number .AlIZ5.6J....; that the notice. of which the annexed is a printed copy lset in type not 'smaller than nonpareil I. ha5 been published in each regular and entire issue of said newspaper and not in any supplement thereof on the flX:lng dates. ~::~~~~~~~~~.~\...,t.'~................... all In the ;la'~ I/J~. I certify (or declare I under penalty of . per jury that the foregoing is true and correct. Dated at SEAL BEACII .......... ~........ ........ ........ ca,,,tra. t~iS.~.:?....day of ../.:? 19 eO .. .ll'N,{.f. '<:Jr. r:.r.L'721J&. .tA<<t: Signature /----- Fr" c..i., of ,.1......... ,.,... me"... ..eu'... 'rom: CALIFORNIA NEWSPAPER SERVICE' BUREAU, INC. Legal Advertising Clearing House 120 Wesl Second St.. Los Angeles. Calif. 90012 . Telephone: 12131625.2541 ..I.... ntl.o.. GEN..AL pt..,., ~ulllllc"l.n wllo. .r'uln, IIU, f.,m. This space Is for the County Clerk's Filing Stamp Proof of Publication of ...................... ...1..2~.... ............... .s.,~9..:~. J.(\~bg~~;,y '-.... !!L.._____.~.1- ~-ClRIlINANCE~ tm -COM~lIEIMCEFEES . Ordinlnce Number 1273 of tile Co1y of , Seal Beach, Colilo,,,", -Illl ChIp"" .22A of !he Code of tile CIty 01 Seal : ....h. _lei",. far the imPG5lIilin a' '* .. QJmmUnlty Services' Fee. receivecs I *Dnd IUdml aflf was adapted II: the .....Iar City Council meetinl of MIY 2. 1988, Ilfthe IaJlowll1l_' AYES, ClIft, Grp.. Hunt. Wilson NOES, None ..ABSENT: Risner Motion carried' Copies of Ordinance Number 1273 ore IIlIiIobIe In the all... oIlhe CIty Clerk. . CIty HIli. 211 - 8th 51"", Sell 11Ieoch, telephone (213) 431-2527 '-OATEO THIS 3rd dly of MlY, 1988. Joanne M, Yeo. CIty Clerk CIty of Seal Beach May 12. 1988 .Publlshed In the Seal Beach Joumal.