City Enforces Liens on Properties
Aug 01, 2024 09:43AM ● By Angela UnderwoodYUBA CITY, CA (MPG) - Some ratepayers owe the city more than $31,000 in water and sewage, not to mention more than $35,000 in code enforcement citation costs.
But it’s not just the city that is out of money; the rest of the ratepayers in Yuba City are also affected. When resident utility bills default and code violations go unpaid, the balances end up on the county property tax roll, inevitably costing everyone.
Finance director Spencer Morrison and Development Service deputy director of Doug Libby informed officials exactly how much residents are in the red for specific utility bills and violations.
At the last regular council meeting on July 16, Morrison pointed out Customer Service manager Samantha Benzel's attempts to assist those in financial need.
"Samantha and her team work very hard to help the ratepayers stay off this list, which I do want you to know," Morrison said. "Customer service comes in the form of helping or urging payers to manage delinquencies using tools to notify, educate and relieve the burden of paying."
The finance director said each ratepayer is responsible for connection and use, and "every payment not collected becomes the burden of the other 19,111 ratepayers, give or take."
As shown in the tenant- and owner-held account balances, Morrison said that the municipal code states that property owners are ultimately responsible for the balance, regardless of the tenant-owner lease agreement. Additionally, all owners were notified of their balances before the hearing.
There are 28 active, delinquent, and unpaid accounts totaling $31,106.41. Morrison explained utility bill relief programs, including the Low-Income Household Water Assistance Program (LIHWAP), through which the city receives payments throughout the year to assist with delinquency.
Resident Stephanie Ruscigno wanted to know about the middle class, which doesn't qualify for assistance.
"You always hear about people who are low income,” Ruscigno said, “but what about the people who lost their jobs or those who are on fixed incomes and can't afford it?"
Ruscigno said her utility bills rose, costing her $412 the prior month. According to Morrison, the 2013 Bighorn versus Vergil decision does not allow discounts for specific populations, including Yuba City.
"So you have nothing," Ruscigno countered.
Again, Morrison made it clear that the city's direct assistance to taxpayers is illegal, prompting Mayor Shon Harris to stop the questioning and point out that the public hearing is for comment only.
"If you start asking questions, we want to give you a well-thought-out researched answer," Harris said, encouraging the public to focus.
Resident Liz Cervantes said she owns a rental property with a well, noting she includes water and sewage in tenant agreements since she gets the lien if the renter defaults.
"The bills are going up, up, up," Cerventes said before attempting to ask a question.
Harris again made it clear that questions were not allowed then.
"The staff's recommendation is to adopt a resolution to include delinquent accounts on the secured tax roll," Morrison said, which the council did, placing necessary liens on specific properties.
Just like water and sewer, Libby said, to recover unpaid code enforcement citation fines, the city must also place them on the secured tax roll as with general taxes and place liens on subject properties.
Libby showed a picture of 1133 Queens Ave. when original citations were issued in 2022. The case remains active.
"Ten notices and eight citations for inoperable vehicles, junk, tarp and just general blight," Libby said, noting the staff effort to inspect and prepare notices. "There is a lot of effort in just one particular case."
When a citation is issued, Libby said, it offers citizen appeal and "none of the cases before you tonight took advantage of that."
Mayor Harris said Libby's presentation was "thorough and more than fair" before passing a motion to place the fines on the tax roll.