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Approve July 22, 2025 as a noticed public hearing date to confirm delinquent accounts for mandatory garbage collection, disposal and recycling services in the unincorporated areas of Solano County
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Published Notice Required? Yes ____ No _X__
Public Hearing Required? Yes ____ No _X__
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors approve July 22, 2025 as a noticed public hearing date to confirm delinquent accounts for mandatory garbage collection, disposal and recycling services in Solano County.
SUMMARY:
In accordance with service agreements between the County and Recology Vacaville Solano, Recology Vallejo, Republic Services, and Rio Vista Sanitation Service, henceforth referred to as “the garbage collection companies”, the companies provide mandatory garbage collection, disposal and recycling services for customers in the unincorporated areas of Solano County, including areas surrounding the cities of Vacaville, Dixon, Rio Vista, Vallejo, Benicia, Fairfield, Suisun and in Elmira. Solano County Code §23-72 allows the provider of mandatory garbage services to assign accounts to the County when they have gone unpaid for more than 60 days in order for the County to collect on the delinquency in the form of a lien on the property receiving the garbage service. A list of these accounts is provided to the County once per year during the month of May.
A noticed public hearing is required under California Government Code §25831 prior to the Board confirming these accounts as delinquent and accepting them for collection. Staff requests to set the public hearing before the Board of Supervisors on July 22, 2025, in order to receive a report of delinquent accounts. After hearing objections or protests by any property owners, the Board may make revisions or corrections to the report, after which the report must be confirmed by resolution.
The confirmed report of delinquent accounts must be submitted to the Auditor-Controller’s Office by August 10, 2025, in order to impose delinquent fees and administrative charges to these accounts as special assessments on the FY2025/26 property tax roll in the form of a lien on the property. Setting the date of the noticed public hearing on July 22, 2025 will enable the County to meet the Auditor-Controller’s Office’s deadline.
FINANCIAL IMPACT:
There is no General Fund impact in setting a date for the proposed noticed hearing. The costs associated with preparing the agenda item are nominal and absorbed by the department’s FY2024/25 Working Budget.
DISCUSSION:
The garbage collection companies sent delinquency notices to property owners for bills that have not been paid within 30 days of the billing date, at which time those accounts became delinquent. Solano County Code §23-72 requires that these delinquency notices be sent within 15 days after the date of the delinquency. The garbage collection companies will submit to the County a current report of accounts that have gone unpaid for more than 60 days as of May 1st for assignment to the County for collection. In early June, the garbage collection companies will send the affected property owners a final delinquency notice by certified mail informing them of their right to appeal the delinquency to the Board.
In order to place a lien on the properties for the delinquent amounts, the Board must hold a public hearing to confirm the accounts are delinquent pursuant to the contractual requirements of the service agreements with the garbage collection companies, per California Government Code §25831 and Solano County Code §23-72. The Board of Supervisors must hear any objections or protests to the report of delinquent accounts from liable property owners, make any revisions or corrections as deemed appropriate, and confirm the report of delinquent accounts by resolution. The recommendation is that this public hearing by the Board be set and held on July 22, 2025 at 9:00 a.m. or as soon as possible thereafter. This will enable the County to meet the Auditor-Controller’s Office’s deadline to submit the accounts for special assessment.
Collection of delinquent fees will be remitted to the garbage collection companies, while a $62 administration charge per account will be transferred to the Resource Management Budget Unit 1642 to cover the cost of processing the delinquent fees including the release of liens. The $62 fee also covers the Assessor-Recorder’s release of lien recording fee of $20 per lien. This fee is authorized by Senate Bill 780 (Chapter 329) and in accordance with California Government Code §27361.3.
ALTERNATIVES:
The Board could choose not to approve the proposed noticed public hearing date to confirm delinquent accounts; however, this is not recommended as requests to impose special assessments for FY2025/26 must be received by the Auditor-Controller’s Office by August 10, 2025. The hearing date of July 22, 2025 will allow for delivery of the confirmed report of delinquent accounts by the deadline.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed the lien process for legal sufficiency. The Auditor-Controller’s Office has notified Resource Management of the deadline for inclusion in the special assessments for the FY2025/26 real property tax roll.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION