HomeMy WebLinkAbout07-07-2015 C5 Collection of Delinquent Solid Waste Collection and Disposal AccountsCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Carrie Mattingly, Utilities Director
Prepared By: Ron Munds, Utilities Services Manager
SUBJECT: COLLECTION OF DELINQUENT SOLID WASTE COLLECTION
AND DISPOSAL ACCOUNTS
RECOMMENDATION
Adopt a resolution authorizing the San Luis Obispo County Auditor 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 Auditor 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 Auditor to assess the amounts
due on delinquent accounts as liens against the properties.
July 7, 2015
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Delinquent Solid Waste Collection and Disposal 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 any fees charged by the
San Luis Obispo County Auditor to lien the affected properties will be borne by the franchisee.
ALTERNATIVES
The City’s Municipal Code Section 8.04.070 provides a process for San Luis Garbage Company
to collect payment for delinquent solid waste collection and disposal accounts. The City Council
could choose not to approve the recommended action if it believes San Luis Garbage Company
has not taken the actions prescribed in the Municipal Code. Based on the information provided to
the City, staff has determined that San Luis Garbage Company has taken the actions prescribed
in the Municipal Code to collect delinquent solid waste collection and disposal accounts.
ATTACHMENTS
1. Resolution for Delinquent Solid Waste Account Liens
T:\Council Agenda Reports\2015\2015-07-07\Collection of Delinquent Solid Waste Disposal Accounts (Mattingly-Munds)
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Attachment 1
R _______
RESOLUTION NO. _______ (2015 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE SAN LUIS OBISPO COUNTY AUDITOR TO ASSESS
AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL
ACCOUNTS AS LIENS AGAINST THE PROPERTIES PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 25828, ET SEQ.
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 Auditor 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
KLICKSTEIN, BRUCE 053-094-004 1196 TULIP 150.80
GORDON, ROBERT L 001-136-010 1532 MONTEREY ST 132.16
SNYDER, CHARLES C 053-182-029 3191 S HIGUERA ST 328.96
SNYDER, ELEANOR G 003-564-007 1672 FAIRVIEW ST 172.32
SNYDER, CHARLES C 001-251-019 2038 SAN LUIS DR 217.10
CULLINS, JAMES M 003-737-004 477 HIGH ST 69.80
MILLER, ELIN 052-533-001 125 S TASSAJARA DR 167.22
WINDES DANA 053-300-020 1286 CHAPARRAL CIR 161.98
WAMPLER, LAWRENCE M 053-414-003 966 FULLER RD 161.98
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
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Resolution No. _______ (2015 Series)
Page 2
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _______ day of ______________________ 2015.
_________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
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