Reso 2022-963RESOLUTION NCL2022-963
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT CERTIFYING TO THE
BOARD OF SUPERVISORS AND COUNTY AUDITOR A
STATEMENT OF DELINQUENT AND UNPAID CHARGES FOR
SEWER AND OTHER SERVICES AND REQUESTING
COLLECTION WITH THE ANNUAL TAXES AND IMPOSING A
LIEN THEREFOR
WHEREAS, the Costa Mesa Sanitary District is a sanitary district
established pursuant to the Sanitary District Act of 1923 (Cal. Health and Safety
Code § 6400 et seq.);
WHEREAS, the Costa Mesa Sanitary District provides sewer and solid
waste collection services within its territory;
WHEREAS, The Costa Mesa Sanitary District charges for such services
pursuant to a charge placed on the assessment roll in accordance with the
procedures set forth in California Constitution Art. 13D and Health and Safety
Code § 6520.10;
WHEREAS, the Costa Mesa Sanitary District has identified properties that
have been receiving sewer service without being charged on the tax rolls and
has provided notice to those properties that those unpaid sums are due and
payable;
WHEREAS, the Costa Mesa Sanitary District has identified properties that
have been receiving solid waste collection services without being charged on the
tax rolls and has provided notice to those properties that those unpaid sums are
due and payable;
WHEREAS, all of the properties have been notified of the unpaid charges
for in excess of 60 days and have continued to accept service without paying
for it, and the amounts due in the report are overdue more than 60 days;
WHEREAS, the Board does hereby desire to certify those properties
to the Board of Supervisors and the County Auditor for collection on the annual
tax roll pursuant to Health and Safety code § 6520.10 and other laws; and
WHEREAS, this legal authority is in addition to that provided by
Health and Safety Code § 5473.11 and 5474.6.
NOW THEREFORE, the Board of Directors of the Costa Mesa
Sanitary District does hereby CERTIFY and RESOLVE that:
1. The above recitals are true and correct.
2. The attached report is a true and correct copy of the list of
properties that have not paid sewer or solid waste charges.
3. That all of the properties attached in the report have accepted sewer
or solid waste collection services but have not paid for the same.
4. That all of the properties in the report have been provided with
in excess of 60 days notice of the charges due.
5. That the Board does hereby request that the County Auditor include
these charges on the annual taxes levied upon the property for which
the services were provided and shall constitute a lien on the property
pursuant to Health and Safety Code § 6520.10.
6. That the District has notified the assessee shown on the last equalized
assessment roll that the delinquent and unpaid charges for sewer and
other services which could become a lien if they are unpaid for 60
days, pursuant to Health and Safety Code § 6520.11.
7. That it is hereby requested that those charges be secured on the
property by way of a lien, and this Resolution certifies as true and
correct the attached Exhibit which specifies the amount of the charges
and the person and address of the persons liable therefor, pursuant to
Health and Safety Code § 6520.12.
PASSED and ADOPTED this 27th day of June 2022.
Secretary/Treasurer
APPROVED AS TO FORM:
District Counsel
President
STATE OF CALIFORNIA)
COUNTY OF ORANGE SS
CITY OF COSTA MESA
1, Noelani Middenway, District Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Resolution No. 2022-963, was duly and regularly
passed and adopted by said Board of Directors at a regular meeting thereof held on the
27th day of June 2022, by the following vote:
AYES: Ooten, Scheafer, Schafer, Perry, Eckles
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 27 th day of June 2022.
Sanitary District