CC 2013-06-25_11.a. Proposed Ordinance Delinquent Waste CollectionMEMORANDUM
TO: CITY COUNCIL
FROM: TIMOTHY J. CARMEL, CITY ATTORNEY
SUBJECT: CONSIDERATION OF AN ORDINANCE ELECTING TO HAVE
DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL
SERVICE CHARGES COLLECTED ON TAX ROLL
DATE: JUNE 25, 2013
RECOMMENDATION:
It is recommended the Council introduce an Ordinance electing to have delinquent solid
waste collection and disposal service charges collected on the property tax roll.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
City staff anticipates approximately 8-10 hours of work (e.g., for the preparation of staff
reports, receipt of delinquent account data from South County Sanitary Service,
tabulating data for transmittal to SLO County Assessor's office) for the annual process
of collection of the delinquent charges on the tax rolls. South County Sanitary Service
estimates that there are currently 25 accounts with delinquencies in excess of $100 for
a minimum period of at least 90 days that would be considered for collection on the tax
roll. The City could assess an administrative fee to cover its services in processing
these accounts for collection on the tax roll. However, the City received $237,000 in
franchise fees from South County Sanitary Service for the 2012 calendar year, which
staff believes will cover the City's administrative support services required under the
franchise agreement.
BACKGROUND:
Arroyo Grande Municipal Code Section 8.032.030 requires all premises within the City
to have refuse service. Timely and full payment of refuse charges for solid waste
collection and disposal services is critical for the successful operation of the City's solid
waste franchise operator, South County Sanitary Service.
There are certain remedies provided by State law for the City's franchisee to recover
delinquent charges for solid waste collection and disposal services, including collection
of such charges on the real property tax roll in accordance with the authority and
procedures contained in Health and Safety Code Sections 5473 et seq. It is in the best
interest of the City to require individual property owners to be held responsible for the
payment of all solid waste collection and disposal services provided. Otherwise, the
burden falls on the paying customers by way of a rate increase when South County
Sanitary Service cannot meet its operating expenses as a result of writing off the bad
debt of the delinquent accounts.
Item 11.a. - Page 1
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE ELECTING TO HAVE DELLINQUENT SOLID
WASTE COLLECTION AND DISPOSAL SERVICE CHARGES COLLECTED ON TAX ROLL
JUNE 25, 2013
PAGE2
ANALYSIS OF ISSUES:
The attached Ordinance has been prepared in accordance with the requirements in
Health and Safety Code Sections 5473 et seq; and sets forth the procedures for
collecting delinquent accounts for solid waste collection and disposal services via the
County's property tax roll.
At the end of each fiscal year, the City Clerk would prepare and file with the City Council
a report containing a description of each parcel of real property receiving solid waste
collection and disposal services, and the amount of delinquent charges for each parcel
owing as of the end of the fiscal year. Upon filing of the report the City Clerk will publish
notice of the report filing and a public hearing date and time, pursuant to Government
Code Section 6066 and Health and Safety Code Section 5473.1. Notification by mail
will also be provided as required by law. Council action, if any, will be taken annually by
resolution.
It should be noted that because of time constraints imposed by the County Tax
Collector, the franchisee will not be able to utilize this collection procedure for the
current fiscal year. Notwithstanding, the franchisee has requested that the City establish
the legal framework to allow use of the procedure in the future.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
• Introduce the Ordinance to have delinquent solid waste collection and disposal
service charges collected on tax roll;
• Do not introduce Ordinance to have delinquent solid waste collection and
disposal service charges collected on tax roll;
• Provide direction to staff.
ADVANTAGES:
Individual property owners will be held responsible for the payment of all solid waste
collection and disposal services provided.
DISADVANTAGES:
None.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, June 20, 2013. The Agenda
and staff report were posted on the City's website on Friday, June 21, 2013. No public
comments were received.
Item 11.a. - Page 2
ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ELECTING TO HAVE
DELINQUENT SOLID WASTE COLLECTION AND
DISPOSAL SERVICE CHARGES COLLECTED ON THE
TAX ROLL
WHEREAS, Arroyo Grande Municipal Code Section 8.32.030 requires that all premises
within the City must use the City's solid waste collection and disposal service; and
WHEREAS, the City Council finds that the timely and full payment of charges for solid.
waste collection and disposal services is critical for the successful operation of the
City's solid waste franchise; and
WHEREAS, the City has experienced numerous circumstances in which residents fail to
pay charges for solid waste collection and disposal services causing significant hardship
to the City and the City's solid waste collection and disposal Franchisee; and
WHEREAS, the City recognizes that there are certain remedies provided by State law
to collect delinquent charges for solid waste collection and disposal services, including,
but not limited to, collection of such delinquent charges on the real property tax roll; and
WHEREAS, the City finds that it is in the best interest of the community to require
property owners to be held responsible for the payment of all solid waste collection and
disposal services provided; and
WHEREAS, by this Ordinance and in addition to all other remedies provided by law, the
City Council intends to establish a mechanism to ensure payment of all delinquent solid
waste collection and disposal charges.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
Section 1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
Section2. Delinquent Charges. It is hereby found and determined that it is in the
public interest that the City's solid waste collection and disposal charges lawfully
assessed by the authorized Franchisee for the City, which become delinquent shall
henceforth be collected on the tax roll pursuant to the procedures set forth in Health and
Safety Code Sections 5473 et seq.
Section 3. Collection on Tax Roll. The City hereby elects to, by resolution, have
solid waste collection and disposal charges which are delinquent at the end of any fiscal
Item 11.a. - Page 3
ORDINANCE NO.
PAGE2
year, collected on the tax roll in the same manner, and by the same persons, and at the
same time as, general real property taxes.
Section 4. Procedures. The City Clerk is hereby authorized and directed at the end of
each fiscal year to prepare and file with the City Council a report containing a
description of each parcel of real property receiving solid waste collection and disposal
services and the amount of delinquent charges for each parcel owing as of the end of
the fiscal year, computed in conformity with any charges prescribed by resolution of this
City Council. Upon filing of said report the City Clerk shall also cause notice of the filing
of said report and of a time and place of hearing thereon to be published pursuant to
Government Code Section 6066 and Health and Safety Code Section 5473.1.
Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, or
clause of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any part
thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact
that any one or more section, subsection, subdivision, paragraph, sentence, or clause be
declared unconstitutional.
Section 6. Ordinance Summary. A summary of this Ordinance shall be published in a
newspaper published and circulated in the City of Arroyo Grande at least five (5) days
prior to the City Council meeting at which the proposed Ordinance is to be adopted. A
certified copy of the full text of the proposed Ordinance shall be posted in the office of
the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary
with the names of those City Council Members voting for and against the Ordinance
shall be published again, and the City Clerk shall post a certified copy of the full text of
such adopted Ordinance.
Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
Item 11.a. - Page 4
ORDINANCE NO.
PAGE3
On motion by Council Member ___ , seconded by Council Member ___ , and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this __ day of ___ , 2013.
Item 11.a. - Page 5
ORDINANCE NO.
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TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
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