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Home My WebLink About07/06/2010, C11 - COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS council . 2.010 j Agcnc)a nEpont CI C I TY O F SAN LU IS O B I S P 0 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 the 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 the properties involved. DISCUSSION 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 the following: 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 the amounts due on delinquent accounts as liens against the properties. San Luis Garbage Company has taken the actions prescribed within the Municipal Code to collect delinquent solid waste collection and disposal accounts. In adherence to the Municipal Code, the 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 these property owners requesting payment, and has presented the City with a final list of property owners whose accounts are still past due. Additionally, 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. Delinquent Solid Waste Accounts Page 2 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 the costs of any fees charged by the San Luis Obispo County Assessor to lien the affected properties will be borne by the franchisee. ATTACHMENT Resolution C11 - � Attachment RESOLUTION NO. (2010 Series) 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. BE IT RESOLVED that the City Council of San Luis Obispo hereby authorizes the San Luis Obispo County Assessor 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 ARVIN, DAEIZADEH 004-541-010 1156 MADONNA RD $150.94 TICKELL,WILLIAM E JR 003-612-013 1545 CARMEL ST $126.12 JAY JAMES P 004-442-010 1538 BALBOA ST $122.60 SNYDER, CHARLES C 053-182-029 3191 S HIGUERA ST $301.80 SANTANA, ELADIO D 004-431-008 1287 CAYUCOS DR $140.24 GORDON, ROBERT L 001-136-010 1532 MONTEREY ST $304.44 HALL,KEITH &TRACY 052-163-027 87 PALOMAR AVE $188.88 JD FETYKO DEVELOPMENT INC 052-536-010 136 E FOOTHILL BLVD $99.80 BARRON, SUSAN K 004-782-021 2614 AUGUSTA ST $143.80 ANHOLM, DAVID 052-382-020 294 CRAIG WAY $133.40 HERNANDEZ, CONCEPCION 004973-016 2801 JOHNSON AVE APT 4 $153.42 MOODY,SKENE 003-087-071 2151 SIERRA WAY $133.40 NELSON,.STEVE C 001-194-020 286 LINCOLN ST $161.58 POLLY, MELODY 053-197-016 2911 GARIBALDI AVE $74.40 PRYOR,JOHN 053-023-028 230 LOMA BONITA DR $168.60 ROBERTS, KATHERINE 052.451-018 521 PRINCETON PL $148.34 SNYDER, CHARLES C 002.506-001 299 MARSH ST $221.74 SNYDER,CHARLES 001-251-019 2038 SAN LUIS DR $219.78 SNYDER, ELEANOR 003-564-007 1672 FAIRVIEW ST $82.04 TICKELL,WILLIAM E JR 003-612-013 390 ISLAY ST $164.24 URIBE,ORLANDO&LINDA 004-973-020 2801 JOHNSON AVE APT 8 $109.10 WALTERS, GEORGINA 053.300-020 1286 CHAPARRAL CIR $149.08 WAMPLER, LARRY 053-414-003 966 FULLER RD $131.56 Ci/ -3 Attachment Resolution- Liens on Delinquent Solid Waste Accounts Page 2 Upon motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 12010. ATTEST: Elaina Cano, City Clerk David F. Romero,Mayor APPROVED AS TO FORM: J. Stine Dietrick,City Attorney