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File #: 25-587    Version: 1 Name: Liens for Delinquent Solid Waste Accounts
Type: Resolution Status: Public Hearing
In control: Resource Management
On agenda: 7/22/2025 Final action: 7/22/2025
Title: Conduct a noticed public hearing to consider adopting resolutions confirming reports of delinquent garbage accounts for mandatory garbage collection, disposal, and recycling services in the unincorporated areas of the County provided by Recology Vacaville Solano, Recology Vallejo, Rio Vista Sanitation Service DBA Mt. Diablo Resource Recovery, and Solano Garbage Company DBA Republic Services; Approve a $62 administrative charge per parcel for County departments to recover costs; Direct the Clerk of the Board to file a certified copy of the resolutions with the Recorder Division for recordation creating liens against the parcels; Authorize the Auditor-Controller to impose the delinquent fees and administrative charges as special assessments on the FY2025/26 property tax roll; and Authorize the Department of Resource Management to record a Release of Lien when delinquent accounts are paid
District: All
Attachments: 1. A - Recology Vacaville Solano Resolution, 2. B - Rio Vista Sanitation Service (Mt. Diablo Resource Recovery) Resolution, 3. C - Solano Garbage Company (Republic Services) Resolution, 4. D - Recology Vallejo Resolution, 5. E - 2025 Report of Delinquent Solid Waste Accounts, 6. F - Map of Solid Waste Service Areas A-E, 7. G - Notice of Public Hearing

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Conduct a noticed public hearing to consider adopting resolutions confirming reports of delinquent garbage accounts for mandatory garbage collection, disposal, and recycling services in the unincorporated areas of the County provided by Recology Vacaville Solano, Recology Vallejo, Rio Vista Sanitation Service DBA Mt. Diablo Resource Recovery, and Solano Garbage Company DBA Republic Services; Approve a $62 administrative charge per parcel for County departments to recover costs; Direct the Clerk of the Board to file a certified copy of the resolutions with the Recorder Division for recordation creating liens against the parcels; Authorize the Auditor-Controller to impose the delinquent fees and administrative charges as special assessments on the FY2025/26 property tax roll; and Authorize the Department of Resource Management to record a Release of Lien when delinquent accounts are paid

 

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Published Notice Required?     Yes _X__ No _ _  

Public Hearing Required?         Yes _X__ No _ _

 

DEPARTMENTAL RECOMMENDATION:

 

The Department of Resource Management recommends that the Board of Supervisors:

 

1.                     Receive a report of delinquent garbage accounts in the unincorporated area with delinquent charges of at least 60 days past due for solid waste services provided by Recology Vacaville Solano, Recology Vallejo, Rio Vista Sanitation Service DBA Mt. Diablo Resource Recovery, and Solano Garbage Company DBA Republic Services;

 

2.                     Conduct a noticed public hearing to allow any public comments, objections or protests on the report;

 

3.                     Make any revisions or corrections to the delinquent accounts as reported and as appropriate;

 

4.                     Adopt resolutions (Attachment A-D) to confirm the report of delinquent charges for solid waste services rendered at the real properties subject to lien;

 

5.                     Approve a $62 administrative charge per parcel for County departments to recover costs;

 

6.                     Direct the Clerk of the Board to file a certified copy of the resolutions with the County Recorder creating liens against the parcels contained in the confirmed Report of Delinquent Solid Waste Accounts;

 

7.                     Authorize the Auditor-Controller to impose the delinquent fees and administrative charges as special assessments on the FY2025/26 property tax roll; and

 

8.                     Authorize the Director of Resource Management, or designee, to record a Release of Lien when delinquent accounts are paid.

 

SUMMARY:

 

On June 3, 2025, the Board of Supervisors scheduled a public hearing for July 22, 2025, to initiate lien proceedings against 251 real properties in unincorporated Solano County. Property owners may object to or protest the delinquent charges, which are more than 60 days overdue from the billing period of April 1, 2024, to March 31, 2025.

 

Under Government Code section 25831, the Board shall cause the preparation of a report of delinquent accounts and after a noticed public hearing, may authorize the Auditor-Controller to place special assessment liens on the FY2025/26 property tax roll, provided the liens are submitted by August 10, 2025. These delinquent charges are then collected through the annual property tax bill or upon sale or transfer of the property.

 

As required, notices of the hearing were mailed to affected property owners and, as a courtesy, to the delinquent account holders (if different).

 

FINANCIAL IMPACT:

 

The collection of delinquent fees will be remitted respectively to Recology Vacaville Solano, Recology Vallejo, Rio Vista Sanitation Service (DBA Mt. Diablo Resource Recovery), and Solano Garbage Company (DBA Republic Services) while the $62 administration charge per account will be transferred to the County’s Resource Management Department for processing the delinquent fees, including the release of liens once delinquent amounts are paid by each account holder. The costs associated with preparing this agenda item are nominal and included in the Department’s FY2025/26 Working Budget.

 

DISCUSSION:

 

Since 2004, the Department of General Services has administered four separate service agreements for solid waste services with the County’s contractors: Recology Vacaville Solano, Recology Vallejo, Rio Vista Sanitation Service (DBA Mt. Diablo Resource Recovery), and Solano Garbage Company (DBA Republic Services). Under Chapter 23 of the Solano County Code, each contractor serves a specific geographic area to manage residential, commercial and industrial solid waste, including recyclables, organics and hazardous materials. In March 2025, administration of these agreements, including lien proceedings, was transferred to the Department of Resource Management.

 

According to County Code section 23-72, charges become delinquent 30 days after billing. If the account holder differs from the property owner, contractors must send a delinquency notice within 15 days of the due date. Accounts delinquent for 60 days or more are assigned to the County for lien proceedings.

 

For the billing period April 1, 2024 - March 31, 2025, 251 delinquent accounts totaling $101,791.55 were referred to the County. Following the initial notice sent 30 days before the hearing, the number of delinquent accounts decreased to 220 as of July 3, 2025. A second notice was mailed 10 days before the hearing via oversized postcard, and contractors made follow-up phone calls within one week of the hearing to encourage voluntary payment to avoid lien proceedings.

 

Although not technically property taxes, special assessments are billed as a separate line item on the property tax bill. Examples of such assessments include sewer/water, lighting and landscaping, flood control, mosquito abatement and fire protection. Special assessment liens are collected in the same manner as property taxes, pursuant to Government Code Section 51800.

 

In accordance with Government Code section 6062(a), a notice of public hearing (Attachment G) to initiate special assessment lien proceedings was published on July 9, 2025 in three newspapers of general circulation based in Solano County: Daily Republic (Fairfield, CA), The Reporter (Vacaville, CA), and the Times-Herald (Vallejo, CA).

 

ALTERNATIVES:

 

The Board may choose not to adopt the resolutions confirming the report of delinquent charges to initiate special assessment lien proceedings against the associated real properties. This alternative is not recommended because pursuant to section 23-72 of the Solano County Code, Contractors may assign delinquent charges to the County for lien proceedings once per year.

 

OTHER AGENCY INVOLVEMENT:

 

The Department of General Services provided transitional support to prepare the lien proceedings. The Contractors (Recology Vacaville Solano, Recology Vallejo, Rio Vista Sanitation Service DBA Mt. Diablo Resource Recovery, and Solano Garbage Company DBA Republic Services) distributed a revised report of delinquent accounts weekly to the Department of Resource Management and contacted delinquent account holders and property owners by phone to encourage payment before the public hearing.

 

CAO RECOMMENDATION:

 

APPROVE DEPARTMENTAL RECOMMENDATION