HomeMy WebLinkAbout06-04-2019 Item 06 - Solid Waste Property Liens
Department Name: Utilities
Cost Center: 6101
For Agenda of: June 4, 2019
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Mychal Boerman, Water Resources Program Manager
SUBJECT: SOLID WASTE PROPERTY LIENS
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 co llection 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.
The resolution (Attachment A) authorizes the San Luis Obispo County Assessor to assess the
amounts due on delinquent accounts as liens against the properties.
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Previous Council or Advisory Body Action
On an annual basis the City Council authorizes the collection of past due solid waste collection
and disposal accounts.
Public Engagement
San Luis Garbage Company has sent certified letters to past due property owners requesting
payment.
CONCURRENCE
The Finance Department concurs with the information in this report and the process used for
collecting past due amounts.
ENVIRONMENTAL REVIEW
The recommended actions are not a project as defined under the California Environmental
Quality Act.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
ALTERNATIVE
The City’s Municipal Code Section 8.04.070 provides a process for San Luis Obispo 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 Lu is
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 Authorizing Property Liens on Delinquent Solid Waste Accounts
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Item 6
R ______
RESOLUTION NO. _____ (2019 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.
Name Parcel No. Service Address Amount
CHASE FAMILY REAL ESTATE 003-646-019 1845 MORRO ST $420.67
SNYDER, CHARLES 053-182-029 3191 S HIGUERA ST $374.64
SCHRINER, SUSAN 052-011-025 208 PATRICIA DR $295.83
SNYDER, CHARLES C 003-645-008 1815 CHORRO ST $286.77
SCHRINER, SUSAN 052-011-046 247 ROSITA ST $278.04
WARREN, MATTHEW 001-193-002 755 LINCOLN ST $208.13
SNYDER, CHUCK 003-564-007 1672 FAIRVIEW ST $195.17
WALTERS, GEORGINA 053-300-020 1286 CHAPARRAL CIR $176.55
ENGLISH, MILES 003-513-021 463 PACIFIC ST 1/2 $152.80
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Resolution No. _____ (2019 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 _____________________ 2019.
____________________________________
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 ______________, 2019.
____________________________________
Teresa Purrington
City Clerk
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