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July 29, 2009 > Homeowners' delinquent garbage payments placed on tax roll

Homeowners' delinquent garbage payments placed on tax roll

By Meenu Gupta

Proposition 218, which California voters approved in 1996, requires any proposed new or increased assessment to have the support of affected property owners before it can be levied. Counties, cities and special districts must certify that each assessment, fee, and/or special tax placed on the tax rolls has that support.

The City of Newark has an agreement with Alameda County authorizing collection of various taxes, assessments and fees on the secured property tax roll. The Council unanimously approved a Certification and Mutual Indemnification Agreement with Alameda County on July 23 to the effect that each of the City's taxes, assessments and fees complies with Prop. 218.

Delinquent garbage payments at least 120 days in arrears will also be placed on the County tax rolls as per the terms of the agreement with Waste Management of Alameda County (WMAC) to collect solid waste and process recyclable materials.

Property owners are ultimately responsible for any arrears arising from the servicing of their property. The City and WMAC have identified property owners with delinquent accounts. "Notices of Intent to Lien" were mailed on June 2.

However, property owners may bring their accounts current by paying delinquent amounts in full. They can also discuss issues directly with WMAC. They also had the opportunity to appeal the notice at an Administrative Hearing. One appeal was received and the appellant was advised of the Hearing Officer's decision. The City is now preparing to place the delinquent accounts on the County tax rolls.

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