Adopt resolution of Intent to Lien Delinquent Solid Waste Service Charges; set public hearing for July 22, 2025 at 9:00 a.m., or as soon thereafter as the matter may be heard. (No general fund impact) (Cormier/Juhler)

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

In 2021, under the WM Solid Waste Franchise Agreement No. 19-248 and Agreement No. 19-249 with Recology, haulers began providing regular notice to their customers through billing statements to alert those with overdue accounts of the potential to place a lien on their property for delinquent charges. The lien process started in November 2024 and a minimum of four notifications were sent to each residential parcel with a past due balance, allowing customers to make payment through May 31, 2025, to bring accounts into good standing. At a minimum, customers could also contact the Division of Integrated Waste Management (DIWM) to attempt to resolve their account issues.  DIWM also sent 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 (Att. A), a final notice will be mailed out by DIWM, providing each customer with notice of the public hearing (set for July 22, 2025), where they may protest or object to the proposed lien for delinquent solid waste charges. Please refer to Attachment B for a list of delinquent accounts.

Many of the potential lien customers have unique circumstances, such as multiple houses owned in the same family name, split parcels with main home and accessory dwelling units, 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 requires DIWM staff to follow up, at times perform site visits, and file exemption paperwork with the State (CalRecycle). Should the Board approve the recommended actions, DIWM staff will continue to work with the listed residents (Att. B) in an attempt to further reduce those properties to be liened prior to final adoption of the resolution at the July 22, 2025, public hearing. Final adoption will confirm the 2025 Report of Delinquent Solid Waste Accounts. 

In November 2024, when the lien process began, there were 363 parcels on the list. While this list has been reduced, there are still 120 residential parcel owners that have failed to pay for the franchised solid waste hauler services or reach out to DIWM for resolution.  All five districts were affected this year, as identified in the attached 2025 Delinquent Solid Waste Accounts list (Att. B). Due to the extensive amount of time provided to bring the delinquent accounts into good standing (365 days), coupled with the minimum seven notifications provided by the County and the haulers, DIWM staff recommends approving the two actions listed above so that affected property owners can be notified of the July 22, 2025, public hearing. The Board will then have the opportunity to hear any objections or protests of property owners liable to be assessed for delinquent charges during the noticed public hearing.  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 Section 25828.