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Conduct a public hearing to consider adopting a resolution confirming delinquent accounts for mandatory garbage collection, disposal and recycling services in the unincorporated areas of Vallejo; Approving a $50 administrative charge for lien processing; Directing the Clerk of the Board to file a certified copy of the resolution with the County Recorder; Authorizing the County Auditor-Controller to impose the delinquent fees and administrative charges as special assessments on the FY2017/18 property tax roll; and Authorizing the Department of General Services to record a Release of Lien when delinquent amounts are paid
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Department of General Services recommends that the Board of Supervisors:
1. Receive the Report of Delinquent Garbage Accounts;
2. Conduct a noticed public hearing to hear any objections or protests to the report from liable landowners;
3. Make any revisions or corrections to the report as the Board deems appropriate; and
4. Adopt a resolution:
a) Confirming delinquent accounts for mandatory garbage collection, disposal and recycling services in the unincorporated areas of Vallejo;
b) Approving a $50 administrative charge for lien processing;
c) Directing the Clerk of the Board to file a certified copy of this resolution with the County Recorder thus allowing the placement of liens against the parcels contained in the confirmed report of delinquent accounts;
d) Authorizing the County Auditor-Controller to impose the delinquent fees and administrative charges as special assessments on the FY2017/18 property tax roll; and
e) Authorizing the Department of General Services to record a Release of Lien when delinquent amounts are paid.
SUMMARY:
On June 6, 2017, the Board of Supervisors approved a noticed public hearing to be held on July 25, 2017 to consider adopting a resolution confirming delinquent accounts for mandatory garbage collection, disposal and recycling services in the unincorporated areas of Vallejo; approving a $50 administrative charge for lien processing; directing the Clerk of the Board to file a certified copy of the resolution with the County Recorder; authorizing the County Auditor-Controller to impose the delinquent fees and administrative charges as special assessments on the FY2017/18 property tax roll; and authorizing the Department of General Services to record a Release of Lien when delinquent amounts are paid. The Board also directed the Clerk of the Board to publish the notice of public hearing in the Vallejo Times-Herald at least 10 days prior to the hearing date. The notice of public hearing was published in the Vallejo Times-Herald on July 5, 2017.
A noticed public hearing to confirm delinquent garbage service accounts is mandatory pursuant to the contractual requirements of the Service Agreement with Recology Vacaville Solano, California Government Code Section 25831 and Solano County Code section 23-72. The Board of Supervisors must hear any objections or protests to the report of delinquent garbage accounts from liable landowners, make any revisions or corrections as deemed appropriate and confirm the report of delinquent accounts by resolution.
Adoption of the resolution (Attachment A) confirming delinquent garbage accounts will enable the County to place liens on properties with delinquent garbage accounts and to collect the unpaid amount, including a $50 administrative charge per account, through the property tax bills. The confirmed report of delinquent accounts will be submitted to the Auditor-Controller’s Office by the August 7, 2017 deadline in order to impose the delinquent fees and administrative charges as special assessments on the FY2017/18 property tax roll.
FINANCIAL IMPACT:
The collection of the delinquent fees will be remitted to Recology Vacaville Solano while the $50 administration charge per account will be transferred to the Real Estate Services Division to cover the costs of processing the delinquent fees, including the release of liens. These revenues are included in the FY2017/18 Budget.
DISCUSSION:
Recology Vacaville Solano provides mandatory garbage collection, disposal and recycling services for approximately 950 homeowners and customers in the unincorporated areas of Vallejo. In accordance with Solano County Code section 23-72, Recology Vacaville Solano submits to the County, on an annual basis, a current report of accounts that have gone unpaid for more than 60 days as of May 1st for assignment to the County.
Recology Vacaville Solano sends delinquency notices to property owners for bills that have gone unpaid for more than 30 days. Pursuant to Solano County Code section 23-72, these notices are required to be sent within 15 days after the date of the delinquency. Prior to June 20, 2017, Recology Vacaville Solano sent the affected property owners a subsequent and final delinquency notice via certified mail stating that they can appear before the Board of Supervisors at a noticed public hearing on July 25, 2017 to object to the delinquent charges.
As of July 5, 2017, there were 93 accounts in delinquent status totaling $27,293.46 (see Attachment B - Report of Delinquent Garbage Accounts). Recology Vacaville Solano may make adjustments to its list of delinquent accounts and submit a revised report at any time prior to the July 25, 2017 public hearing. General Services will present the Board with the most recent report for confirmation at the July 25, 2017 Board meeting.
ALTERNATIVES:
The Board could choose not to adopt the resolution confirming delinquent garbage service accounts. This alternative is not recommended since it is inconsistent with the contractual requirements in the Service Agreement with Recology Vacaville Solano and Solano County Code section 23-72, and requests to impose special assessments for FY2017/18 must be received by the Auditor-Controller’s Office by August 7, 2017.
OTHER AGENCY INVOLVEMENT:
Recology Vacaville Solano has provided the Report of Delinquent Garbage Accounts for mandatory garbage collection. The Office of County Counsel has previously reviewed the lien process for legal sufficiency. The Auditor-Controller’s Office has notified General Services of the deadline to include special assessments for the FY2017/18 real property tax roll being prepared.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION