Adopt Resolution of Intent to Lien Delinquent Solid Waste Service Charges; set public hearing for July 23, 2024 at 9:00 a.m., or as soon thereafter as the matter may be heard. (No general fund impact) (Lindbo/Juhler)

Adopting the Resolution of Intent (Att. A) and setting this annual public hearing will allow those property owners with delinquent residential solid waste accounts with Waste Management, Inc. (WM) and Recology Davis, Inc. (Recology) for services -- including garbage, recycling, organics, and bulky waste collection and disposal in the unincorporated areas of Yolo County -- to address the Board of Supervisors prior to the attachment of a lien against their property.

In 2021, under Solid Waste Franchise Agreement No. 19-248 with WM and Agreement No. 19-249 with Recology, the haulers provide regular notice to their customers through billing statements to alert customers with overdue accounts of the potential to place a lien on their property for delinquent charges.   This process started in November 2023 and a minimum of four notifications were sent out to each residential parcel with a past due balance, allowing them to make payment through May 31, 2024, to bring their account into good standing, or at minimum, contact the Division of Integrated Waste Management (DIWM) to attempt to resolve the account issue.  DIWM also sent out notices via USPS mail to each customer advising them of the potential lien at 180-day, 90-day, and 30-day intervals.  Once the Board approves the attached Resolution of Intent to Lien (Attachment A), a final notice will be mailed out by the County DIWM, providing each customer with notice of the public hearing date of July 23, 2024 when they may protest or object to the proposed lien for delinquent solid waste charges.

Many of the potential lien customers have unique circumstances, such as multiple houses owned in the same family name, split parcels with a main home and a granny unit, farmworker housing arrangements where waste services are shared, or business/residential properties in Yolo County or other counties that have not yet implemented Senate Bill (SB) 1383 required services.   Each of these situations require DIWM staff to follow up, at times perform parcel site visits and file exemption paperwork with the State (CalRecycle).  Should the Board approve these action items today, DIWM staff will continue to work with the residents on the list to attempt to further reduce the list of properties to be liened before the final adoption of the resolution confirming the 2024 Report of Delinquent Solid Waste Accounts at the July 23rd public hearing. 

In November 2023, when we began the lien process, there were 351 parcels on the list.  While this list has been reduced, there are still 173 residential parcel owners that have failed to pay for the solid waste services provided by the franchised haulers or reach out to the DIWM for resolution. (Attachment B) All five districts were affected this year.  Due to the extensive amount of time provided, 365 days, to bring their account into good standing, coupled with the minimum 7 notifications provided between the County and the haulers to the customer, DIWM staff recommends approving the two actions listed above so that affected property owners can be notified of the public hearing.  At the July 23rd public hearing, the Board will have the opportunity to hear any objections or protests of property owners liable to be assessed for delinquent charges.  The Board may, pursuant to Government Code Section 25828, make revisions or corrections to the lien report as the Board deems just, after which, the lien report shall be confirmed and filed with the County Auditor.  If confirmed, the delinquent charges constitute special assessments against the respective properties and are a lien on the property for the amount of the delinquent charges.

County Counsel has reviewed and approved the resolution as to form.  DIWM staff internally worked with the Assessor's Office and Department of Financial Services and externally with WM and Recology to ensure the process was followed per Solid Waste Franchise Agreement Nos. 19-248 and 19-249, Solid Waste Ordinance No. 1529 and Government Code 25828.