HomeMy WebLinkAbout06-05-2018 Item 08 Solid Waste Property Liens Meeting Date: 6/5/2018
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 (Attachment A) 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 deve loped 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.
The attached resolution authorizes the San Luis Obispo County Assessor to assess the a mounts
due on delinquent accounts as liens against the properties.
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Item 8
Delinquent Accounts Not Assessed in 2017
While a request was brought to the City Council last year to lien past -due accounts, the
resolution was not sent to the County of San Luis Obispo due to a clerical error made by San
Luis Garbage Company. The error would have caused accounts to be assessed an incorrect dollar
amount for the past -due balance. Therefore, delinquent accounts assessed this year will include
past due account balances that are still unpaid from 2017.
ENVIRONMENTAL REVIEW
The recommended actions are not a project 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 charge d by the San
Luis Obispo County Assessor to lien the affected properties will be borne by the franchisee. The
total past due amount to be assessed is $2685.75.
ALTERNATIVES
The City’s Municipal Code Section 8.04.070 provides a process for San Luis Obisp o 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 - Liened Properties Resolution - 2018
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Item 8
R ______
RESOLUTION NO. _____ (2018 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 propert ies 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 disp osal 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.
Name Parcel No. Service Address Amount
SNYDER, CHARLES C 053-182-029 3191 S HIGUERA ST $364.15
SNYDER, CHARLES C 053-182-029 3191 S HIGUERA ST $411.82
VIVIAN MCDONALD C/O
DAVID ANHOLM TRE ETAL
001-212-003 770 TORO ST $399.69
ROSSINI, GLORIA 004-561-016 1230 WOODSIDE DR $395.25
SNYDER, ELEANOR 003-564-007 1672 FAIRVIEW ST $275.97
DANA WINDES (TE) C/O
GEORGINA WALTERS
053-300-020 1286 CHAPARRAL CIR $308.64
ALFRED MCCOWEN C/O
PATRICIA MCCOWEN
004-413-046 1614 VICENTE DR $279.92
DARIN, MARSHA 001-106-004 274 CHORRO ST $129.95
FISHBEIN, SARAH 004-421-007 1777 VICENTE DR $120.36
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Item 8
Resolution No. _____ (2018 Series) Page 2
R ______
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
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 ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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