Title
Review Resolution Imposing 2023 Liens for Non-Payment of Delinquent Solid Waste Service Charges, Sidewalk Repair Charges, CalEPA CUPA Surcharge Fees, Building Code Violation and Code Compliance Citation Fees, and Water Pollution Control Plant Commercial and Industrial User Charges; and
Review Resolution Overruling Protests Related to Non-Payment of Delinquent Solid Waste Service Charges, Sidewalk Repair Charges, CalEPA CUPA Surcharge Fees, Building Code Violation and Code Compliance Citation Fees, and Water Pollution Control Plant Commercial and Industrial User Charges
Staffreport
SUMMARY AND RECOMMENDATION
Staff recommends the Finance Committee review the following and recommend to City Council for Public Hearing:
• Resolution Imposing 2023 Liens for Non-Payment of Delinquent Solid Waste Service Charges, Sidewalk Repair Charges, CalEPA CUPA Surcharge Fees, Building Code Violation and Code Compliance Citation Fees, and Water Pollution Control Plant Commercial and Industrial User Charges.
• Resolution Overruling Protests Related to Non-Payment of Delinquent Solid Waste Service Charges, Sidewalk Repair Charges, CalEPA CUPA Surcharge Fees, Building Code Violation and Code Compliance Citation Fees, and Water Pollution Control Plant Commercial and Industrial User Charges
BACKGROUND
The San Leandro Municipal Code permits the City to enforce collections of service charges that have become delinquent. This effort is undertaken only after exhausting other collection means by the Finance Department. The charges to be collected through County liens recoup funds spent by the City provide specialized services.
Generally, the process follows months of billings and statements to affected residents and businesses by the Finance Department. Delinquent accounts are then noticed of the intent to lien, including notice published in the San Leandro Times. Finally, the City Council holds a public hearing, acts to overrule appropriate protests, and approves resolutions allowing assessments by the Alameda County Tax Collector.
DISCUSSION
Delinquent accounts proposed for liens cover solid waste (refuse) service charges, sidewalk repairs for property owners completed by the City, Certified Unified Program Agency (CUPA) fees, building code violation and code compliance citation fees, and WPCP commercial and industrial user charges. The delinquent amounts become a lien on the real property at which the service was received. The summary of all delinquent accounts for each category type is shown below. Amounts shown have not been paid as of June 9, 2023, although ongoing continuing attempts have been made to collect overdue balances.
Statements for May, June and July 2023 with overdue amounts include lien information and the public hearing date. Delinquent accounts arise from the following services:
• Alameda County Industries (ACI) provides refuse collection (solid waste) in the City. In accordance with the San Leandro Municipal Code, ACI bills accounts and provides the required notices regarding the public hearing and lien.
• Major repairs to sidewalks undertaken by the City (repairing street tree related sidewalk damage is shared) in accordance with agreement with the property owner in compliance with the Sidewalk Repair Program.
• The City enforces environmental laws in its role as a Certified Unified Program Agency (CUPA) with CalEPA CUPA Surcharge Fees.
• Building Code violation and Code Compliance enforcement citation fees, including administrative penalties and charges.
• WPCP Commercial and Industrial User Charges.
Delinquent business licenses are submitted as well in previous years. The City recently opted to exclude business licenses in the lien process. Staff worked with the City’s business license consultant to utilize our consultant’s collection and compliance department to collect outstanding business license fees.
Analysis
The City’s municipal code permits the City to enforce collections of charges that have been delinquent. This is used after exhausting other efforts to collect. The charges collected are mostly for recouping funds spent by the City to provide services relating to public safety.
Financial Impacts
The City will eventually collect the entire delinquent amount less any collection fees charged by the Alameda County Tax Collector. The total amount of fees and charges submitted for liens is as follows.
Type Amount # of Accounts
Solid Waste Service Charges $ 23,400 50
CUPA Fee $ 28,200 27
Code Compliance $ 7,500 16
Code Enforcement $ 40,300 19
Sidewalk Repairs $ 2,400 3
Total $101,800 115
Revenues will be recognized when the fees and charges are collected by Alameda County on behalf of the City.
ATTACHMENTS
• Attachment A -Resolution Imposing Liens (Draft)
• Attachment B -Resolution Overruling Protests (Draft)
• Attachment C -Presentation
PREPARED BY
Mayette Bailey, Finance Services Manager