HomeMy WebLinkAbout07-05-2017 Item 05 - Collection of Delinquent Solid Waste Collection and Disposal Accounts Meeting Date: 7/5/2017
FROM: Carrie Mattingly, Utilities Director
Prepared By: Mychal Boerman, Water Resources Program 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 Muni cipal
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 c ollect
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.
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CONCURRENCES
This process is consistent with the procedure prescribed in Municipal Code Section 8.04.070.
ENVIRONMENTAL REVIEW
The recommended actions are not a project 1 as defined under the California Environmental
Quality Act.
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.
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:
a - Resolution for Delinquent Solid Waste Accts 2017
1 The term project refers to the whole of an action that has the potential, directly or ultimately, to result in a physical change to the enviro nment
(CEQA Guidelines Section 15378). This includes all phases of a project that are reasonably foreseeable, and all related projects that are directly
linked to the project.
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R ______
RESOLUTION NO. _____ (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE SAN LUIS OBISPO
COUNTY ASSESSOR 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 its 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 City and franchisee, San Luis Garbage Company, have taken all actions
required in Section 8.04.070 of the Municipal Code to collect fees from delinquent accounts.
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
CHARLES C SNYDER 053-182-029 3191 S HIGUERA ST 410.23
ROBERT GRAHM TRUST 002-313-007 1031 WALNUT ST 339.99
KATHRYN & LADELL JR TRUST 004-106-003 841 VENABLE ST 305.86
CHARLES C SNYDER 001-251-019 2038 SAN LUIS DR 257.62
LAWRENCE M WAMPLER 053-414-003 966 FULLER 201.07
STEPHEN RONCA 052-485-003 625 AL HIL 197.13
ELEANOR SNYDER 003-564-007 1672 FAIRVIEW ST 197.13
DANA WINDES (TE) C/O
GEORGINA WALTERS 053-300-020 1286 CHAPARRAL CIR 197.13
PATRICIA MCCOWEN 004-413-046 1614 VINCENTE DR 169.63
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
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Resolution No. _____ (2017 Series) Page 2
R ______
The foregoing resolution was adopted this _____ day of _____________________ 2017.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
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