1. Delinquent Accounts – Generally. A bill shall be considered delinquent if payment in full is not received by the close of business or postmarked before midnight of the due date as shown on the bill. However, when the final day falls on a Saturday, Sunday, or legal holiday, payment may be made without penalty on the next regular business day.

2. Late Notice. In the event the owner or occupant of any premises, property, or business shall be delinquent in payment of any part or all of the Solid Waste fees and delinquency continues for a period of 10 days after the due date shown on the bill or invoice, the Authorized Collector shall send notification (“late notice”) to the owner and occupant informing both of the amount owed and the schedule of penalties and costs accrued at each stage of delinquency as defined below. The notification to the owner shall be mailed to the name and address listed on the last available property tax assessment roll and shall include the potential delinquency amount to be assessed as a lien and collected on the owner’s property tax bill. If payment in full is not received by the due date on the bill or invoice, the City or its Authorized Collector may impose a one-time late/processing fee equal to 10 percent of the charges owed for Large Quantity Generators or $10.00 for Small Quantity Generators. In addition, for each 30 days the delinquent bill remains unpaid, the City or its Authorized Collector may impose additional late/processing fees equal to one and one-half percent of the outstanding debt. If the bill or invoice is not paid within 15 days of the bill or invoice due date, the City or its Authorized Collector may charge an additional restart fee of $10.00. (The penalties and restart fee are designated for administrative convenience only in the master fee schedule.) The City or its Authorized Collector must at minimum send one bill or invoice at least 10 days before the due date and one notification letter by first class mail to the owner or occupant prior to assessing a penalty.

3. Final Late Notice. In the event that the owner or occupant of any premises, property, or business is delinquent in payment of all or any part of the Solid Waste bill or invoice, other than that for which they have applied for and received an exemption from the City, for a period of 90 days after the due date of the bill or invoice, the City or its Authorized Collector shall send a second notification (“final late notice”) to the owner and occupant. The notification shall include the total current amount due, a description of the potential penalties for delinquent amounts, and a description of the potential lien process, the location where the bill or invoice may be paid in person during regular business hours and a self-addressed return envelope for payment by mail.

4. Final Notice of Delinquency. Prior to setting a hearing to consider a lien pursuant to the process set forth below, the City or its Authorized Collector will send notification (“final notice of delinquency”) to the property owner and occupant with a detailed description of the amount owed, the penalty schedule, lien procedure and associated costs, and administration fees (the penalties and fees are designated for administrative convenience only in the master fee schedule).

When the full amount for said Solid Waste service charge is not paid within 15 days after the final notice of delinquency, the City or its Authorized Collector shall assign the delinquent account to the City for collection. Upon such assignment, the delinquent charges, penalties and fees may be collected by the City:

1. Hearing and Lien – Notice. When the full amount for said Solid Waste service charge is not paid within 15 days after the final notice of delinquency, the City Clerk may set said delinquent account for hearing by the City Council at a regular or adjourned regular meeting, which will be held at least seven calendar days after such 15-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing at least 10 days in advance of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once at least 10 days in advance thereof in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing, in a conspicuous place at or near the entrance of the Council chambers in the City Hall.

2. Delinquent Accounts – Hearing and Assessment. The City Council shall consider said delinquent accounts at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the charges may present a written or oral protest or objection to the delinquency of said account or the amount owed thereon. At the conclusion of the hearing, the City Council shall either approve the delinquency and amount owed on the account as submitted or as modified or corrected by the City Council. The decision of the City Council on the charges and on all protests or objections shall be final and conclusive. The amounts so approved shall reflect the entire amount due, including all penalties, interest, and administrative fees that have accrued against the account as of the date of the hearing plus any county fees (for processing and collecting the lien). The amount shall be charged to the property owner on the next regular tax bill and shall be a lien upon the property involved. The City Council shall confirm such assessment and cause the same to be recorded on the assessment roll and, thereafter, such assessment shall constitute a special assessment and lien upon the property. The City Council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll.

3. Delinquent Accounts – Administrative Fee. All delinquent accounts that are not paid within 10 days after the final delinquency notice has been posted may be charged an administrative processing fee to offset the costs incurred by the City in administering the provisions of this chapter. The administrative processing fee (designated for administrative convenience only in the master fee schedule) shall be added to the amount that shall be charged to the property owner on the next regular tax bill under subsection (F)(2) of this section.

1. Duration of Exemption. All exemptions and extensions granted will be for a period of not more than 180 days. Applicants that have been cited with a notice of violation or administrative citation and those that have been late on Solid Waste fee payments within the past six months will not be qualified for an exemption.

2. Process for Making Request. Requests for an exemption from mandatory Solid Waste services shall be made on a form provided by the City. Requests on the required form shall be completed by the applicant and submitted to the City or its Authorized Agent, as outlined on the form. An exemption request will only be considered if the applicant demonstrates that it meets one of the bases set forth in subsections (H)(4)(a) through (H)(4)(d) of this section.

3. Conditions of an Approved Application. Applicants shall agree to an inspection of their premises to verify compliance with Solid Waste Processing. Failure to notify the City or the Authorized Collector in writing prior to reoccupying the premises, or otherwise altering compliance with the exemption conditions, shall constitute delinquency of payment for Collection charges, and charges and penalties shall be retroactive to the first day of the exemption period. In all cases, property owners or their agents will be expected to maintain sanitary premises pursuant to CVMC 8.24.060 including, but not limited to, litter abatement, clean sidewalks and gutters, and Solid Waste Processing requirements (as applicable), throughout the exemption period.

4. Bases for Granting Exemption, and Special Terms. Exemptions will not apply retroactively except as stated in subsection (H)(4)(a) of this section (vacancy exemption). All exemptions requested by tenants shall also be signed by the property owner. An exemption will only be granted if the City or its Authorized Collector determines that the exemption request meets the criteria of subsection (H)(4)(a), (H)(4)(b), (H)(4)(c), or (H)(4)(d) of this section. The City retains the right to review and modify any decision made by the Authorized Collector.