Unless the context otherwise specifies or requires, the terms
defined in this section shall, for all purposes of this article, have
the meanings herein specified:
means the city of Burlingame;
means city council of the city of Burlingame;
means the accepted applicant for water or sewer service,
as shown on department records;
means the finance department;
when used with reference to real property shall mean, and
shall conclusively be deemed to be, the legal owner of the real property;
means a lot or building thereon or other facility whether
private, governmental, or otherwise receiving water or sewer services
from the city;
means service rendered to real property and paid for by the
sewer service charge and sewer discharge permit fee as established
pursuant to this title;
means the water service rendered to real property and including
the charges for such service.
(Ord. 1557 § 1, (1996))
The owner of any real property shall be responsible for subscribing
to and paying for water service to such real property in accordance
with rate schedules and rules and regulations established from time
to time by the council. The owner of any real property shall be responsible
for paying the sewer service charges and the sewer discharge permit
fee from the use or occupancy of said property.
Nothing in this section is intended to or shall prevent an arrangement
or the continuance of any existing arrangement, pursuant to rules
and regulations established by the council under which payments for
water or sewer service charges or sewer discharge permit fees are
made by a customer, a tenant or tenants, or any agent, in behalf of
the owner; provided, however, that any such arrangement shall not
relieve the owner of the obligations set forth in the first paragraph
of this section where water or sewer service charges or sewer discharge
permit fee is unpaid.
Nothing in this chapter is intended to permit recovery of charges
for water or sewer services to or for a tenant' s residential use
from any subsequent tenant or the property owner in contravention
of the provisions of the Public Utilities Code of the State of California.
(Ord. 1557 § 1, (1996))
Whether or not water service is shut off for nonpayment of service
charges, the finance director may initiate proceedings to make delinquent
water and sewer service charges and sewer discharge permit fees a
special assessment lien against parcels of property to which said
service was rendered.
(Ord. 1557 § 1, (1996))
When service has been rendered and a bill has been presented
to the owner, or to the customer when the latter is not the owner,
with a bill for such service on a continuing account and such bill
remains unpaid until the succeeding billing cycle, the department
shall mail to the owner written request for payment. In the case of
accounts that have been closed without payment in full, the department
shall mail to the owner a written request for payment.
The written request for payment shall include information as
to the amount due and a warning notice that if the amount due is not
paid within 15 days, proceedings to establish a special assessment
lien against the real property to which the service was furnished
will be instituted, and if the lien is established and recorded, penalties
and interest, pursuant to this article, will accrue.
(Ord. 1557 § 1, (1996))
If payment is not received within 15 days following mailing
of the request, the account shall be deemed to be delinquent. Delinquent
accounts which are to be subjected to the lien procedure shall be
reported to the finance director at least once each month. The finance
director shall conduct a hearing pursuant to rules consistent with
this article and approved by the city manager. The report for such
delinquent account shall contain the owner' s name, the amount due,
and a description of each parcel to be subjected to the lien procedure.
The descriptions of the parcels shall be those used for the same parcels
on the assessor' s map books for the current year. Upon receipt of
such report, the finance director shall fix a time, date and place
for hearing the report and any protests or objections thereto, and
shall cause notice of the hearing to be mailed to each owner of the
parcels of real property described in the report not less than 10
days prior to the date of hearing.
(Ord. 1557 § 1, (1996))
The finance director shall cause the confirmed and verified
report to be recorded in the county recorder' s office as soon as
practicable. The special assessment lien on each parcel of property
described in said report shall carry additional charges for administrative
expenses of $50 or 10% of the amount owed, whichever is higher, together
with interest at a rate of one percent per full month compounded monthly
from the date of recordation of the lien on all charges due.
(Ord. 1557 § 1, (1996))
The finance director shall cause a certified copy of each confirmed
report to be filed with the county controller and county tax collector
within 10 days after confirmation of the report whereupon it shall
be the duty of said officers to add the amount of said assessment
to the current tax roll. Thereafter said amount shall be collected
at the same time and in the same manner as ordinary property taxes
are collected, and shall be subject to the same procedure under foreclosure
and sale in case of delinquency as provided for ordinary taxes of
the County of San Mateo.
All sums received from the tax collector pursuant to this article
shall be deposited to the credit of the water fund or sewer fund in
proportion to the cost of services rendered attributable to each fund.
(Ord. 1557 § 1, (1996))
On receipt of payment from the tax collector of the special
assessment, the finance director shall cause to be recorded a release
of lien with the county recorder.
(Ord. 1557 § 1, (1996))
