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Time Set # 29.
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| Board of Supervisors |
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| Subject |
| Hold a public hearing, adopt resolution confirming the report of delinquent residential solid waste accounts, and direct the Yolo County Tax Collector to collect the amounts described in the report for the affected properties on the tax roll in the same manner as property taxes. (No general fund impact) (Echiburu/Juhler) |
| Recommended Action |
| Hold a public hearing, adopt resolution confirming the report of delinquent residential solid waste accounts and direct the Yolo County Tax Collector to collect the amounts described in the report for the affected properties on the tax roll in the same manner as property taxes. |
| Strategic Plan Goal(s) |
Operational Excellence
Sustainable Environment |
| Reason for Recommended Action/Background |
This annual public hearing allows those property owners with delinquent Waste Management, Inc. (WM) and Recology Davis, Inc. (Recology) residential solid waste accounts (for services including garbage, recycling, green waste and bulky item collection and disposal) to address the Board of Supervisors prior to the attachment of a lien against their property. Three properties are located in District 1, six properties are located in District 3 and 58 properties are located in District 5. These three Districts are serviced by WM. No properties in District 2 or District 4 are on the 2018 lien list. District 2 and 4 are serviced by Recology.
In 2008, the County negotiated Franchise Agreements for solid waste services with WM and Davis Waste Removal, Inc. (DWR). Under Agreements No. 08-177 (WM) and 08-206 (DWR). WM and DWR assume all billing responsibilities for solid waste services to customers in the unincorporated County. The language of these agreements and the corresponding Ordinance No. 1378 grant WM and DWR the ability to file property liens to recover delinquent accounts for any residential customer that has not paid for 365 days or more. Before filing a lien with the County, a Public Hearing must be held to allow protests of the proposed liens. The Public Hearing is scheduled for July 10, 2018.
In 2018, DWR sold its company to Recology and under this assignment and assumption agreement, Recology is bound to the same terms and conditions regarding the lien process as was DWR. As shown on Attachment C, procedures for the lien process are extensive and involve the franchise haulers, the Division of Integrated Waste Management and the Department of Financial Services. This process was initiated by the haulers last November however they will not receive payment from this year's liens until July of 2019.
As a requirement under their agreements, WM and Recology must provide regular notice to their customers through billing statements, alerting all customers with overdue accounts of the potential to lien. WM bills on an every other month cycle, therefore WM customers have received 6 notices. Recology bills on a quarterly basis so those customers received 4 notices. In addition, the County initiates a 90-day, 60-day, and 15-day notice prior to the Public Hearing Notice being mailed direct to each home owner.
Division staff responded to numerous customer phone calls. Many of the potential lien customers have unique circumstances and questions, which require staff to follow up with the appropriate hauler regarding each customer's billing, payment, and service histories. In some instances, County staff and the haulers conduct site visits to confirm occupancy.
Each of the above steps was completed to assure that property owners had received proper notification and were allowed ample opportunities to bring their solid waste account into good standing or apply for the Low Income Discount Program offered by the County and set up a payment plan. As a result, the original list of 216 delinquent accounts was reduced to 67 properties, which are listed in Attachment B as the 2018 Report of Delinquent Accounts. |
| Collaborations (including Board advisory groups and external partner agencies) |
| County Counsel has reviewed and approved the resolution as to form. Division staff internally worked with the Assessors Office and the Department of Financial Services and externally with WM, DWR and Recology to ensure the process was followed per Agreements 08-177 and 08-206, Ordinance 1378, and Government Code Section 25828. |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
| The amount liened changes each year based upon the number of delinquent accounts. Once the funds are collected through the tax roll, they are transferred to the Sanitation Enterprise Fund. The Division of Integrated Waste Management then directly passes through these funds to the respective waste hauler(s). |
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