HomeMy WebLinkAbout07-02-2013 c3 adoption of delinquent solid waste account lien resolution
FROM: Carrie Mattingly, Utilities Director
Prepared By: Ron Munds, Utilities Conservation Manager
SUBJECT: COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND
DISPOSAL ACCOUNTS
RECOMMENDATION
Adopt a resolution authorizing the San Luis Obispo County Assessor to assess amounts due to San
Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal
services as described in City Municipal Code Section 8.04.070 as liens against properties involved.
DISCUSSION
Background
Based on the need to protect public health and safety, the Municipal Code establishes that occupants
of all developed properties within the City benefit from regular periodic collection of solid waste.
Section 8.04.070 of the Municipal Code states:
1. That all developed properties in the City must use the solid waste collection and disposal
service provided by the City's franchisee.
2. That the franchisee is responsible for collecting all fees for the service.
3. That the owners of developed properties are ultimately responsible for paying for the
service.
4. That once each year the franchisee may take actions to collect from delinquent solid waste
collection and disposal accounts.
5. That, after the franchisee has completed the actions established within the Municipal Code,
the City will adopt a resolution authorizing the San Luis Obispo County Assessor to assess
amounts due on delinquent accounts as liens against the properties.
San Luis Garbage Company has taken the actions prescribed in the Municipal Code to collect
delinquent solid waste collection and disposal accounts. In adherence to the Municipal Code, San
Luis Garbage Company has presented the City with a list of property owners whose accounts were
more than 120 days past due, has sent certified letters to those property owners requesting payment,
and has presented the City with a final list of property owners whose accounts are still past due.
Additionally, City staff has sent a separate notification to property owners on the list to inform them
of the action being taken by the Council.
The attached resolution authorizes the San Luis Obispo County Assessor to assess the amounts due
on delinquent accounts as liens against the properties.
Meeting Date
Item Number July 2, 2013
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CONCURRENCES
This process is consistent with the procedure prescribed in Municipal Code Section 8.04.070.
FISCAL IMPACT
There is no fiscal impact to the City. The Municipal Code states that any fees charged by the San
Luis Obispo County Assessor to lien the affected properties will be borne by the franchisee.
ATTACHMENT
Resolution for Delinquent Solid Waste Account Liens
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Attachment
RESOLUTION NO. _______ (2013 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS
AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL
ACCOUNTS AS LIENS AGAINST THE PROPERTIES
WHEREAS, Section 8.04.070 of the San Luis Obispo Municipal Code establishes that all
developed properties in the City must use the solid waste collection and disposal service provided
by the City's franchisee, that the franchisee is responsible for collecting fees for their services, and
that owners of developed properties are responsible for paying for the service; and
WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which,
once each year, the franchisee may take actions to collect fees from the owners of developed
properties which have delinquent solid waste collection and disposal accounts; and
WHEREAS, the franchisee, San Luis Garbage Company, has taken the actions required
within the Municipal Code to collect fees from delinquent accounts as certified by franchisee and
incorporated herein.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the San Luis Obispo County Assessor is hereby authorized to assess the amounts due
on delinquent accounts as established and certified by franchisee San Luis Garbage Company as
liens against the properties listed below.
Property Owner Parcel
Number
Property Address Amount
CRAWFORD, VALANA J 001-124-023 618 JOHNSON AVE 161.68
PURIFY, GERALD D 053-183-030 357 CALLE LUPITA 283.72
GORDON, ROBERT L 001-136-010 1532 MONTEREY ST 423.08
CARABETH, SORINA 053-300-008 1283 MANZANITA WAY 213.78
MILLER, ELIN 052-533-001 125 S TASSAJARA DR 162.02
NICHOLSON, CHAD 052-133-029 2176 SANTA YNEZ 88.52
PETETIT, RYAN 004-731-012 1179 SAN CARLOS DR 218.88
SNYDER, CHARLES C 053-182-029 3191 S HIGUERA ST 337.44
SNYDER, ELEANOR G 003-564-007 1672 FAIRVIEW ST 194.66
SNYDER, CHARLES C 001-251-019 2038 SAN LUIS DR 218.88
GEORGINA WALTERS TRUST 053-300-020 1286 CHAPARRAL CIR 161.68
WAMPLER, LARRY 053-414-003 966 FULLER RD 161.68
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Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2013.
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Maeve Kennedy Grimes
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
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