DATE: June 28, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Approving a Report and Assessment for Delinquent Garbage Bills Incurred by Property Owners of Single-Family Residences
RECOMMENDATION
That Council adopts a resolution (Attachment II) confirming the report and assessment for delinquent single-family residential garbage bills and authorizing the delinquent charges to become a special assessment against the properties if not paid on or before July 29, 2022.
SUMMARY
This report presents delinquent single-family residential garbage bills for the 2021-2022 service year and the amounts that are to be placed as a special assessment on the property tax rolls.
As of June 8, 2022, 1,529 property owners owe $740,582.53, or a total of $830,922.08 with both administrative fees included (see Attachment III). The unpaid charges and the administrative fees assessed by the City and County will become a special assessment against the property and will appear on each property owner’s tax bill later this year.
BACKGROUND
On April 6, 2010, Council approved collection of delinquent garbage bills from single family residential property owners with cart service via special assessments on property tax rolls. Under the City’s solid waste ordinance (Section 5-1.17), the property owner is ultimately responsible for the payment of the garbage bill, whether or not the owner occupies the property.
Beginning in 2010 and annually thereafter, Waste Management of Alameda County (WMAC) mails three separate notices in January, March, and April to delinquent residential property owners. The notices typically result in full payments by about half of all delinquent accounts, thereby avoiding placement of a special assessment on those owners’ property tax bills. The outstanding amounts are then placed as a special assessment on the property tax rolls.
DISCUSSION
The 2022 assessments include the total amount due from each delinquent account owed WMAC for the period from March 2021 through February 2022. Other charges that will be included in the assessment are a fifty-dollar administrative fee charged by the City and a 1.7% administrative fee charged by the Alameda County Tax Assessor’s Office. These fees and this request for Council’s confirmation of the list are made pursuant to Hayward Municipal Code Sections 5-1.28 through 5-1.32.
At this writing, 1,529 property owners owe $740,582.53, or a total of $830,922.08, with both administrative fees included (see Attachment III). In comparison, on June 23 of 2021, there were 1,425 property owners who owed a total of $828,119.16 with both administrative fees included. If not paid on or before July 29, 2022, the unpaid charges and the administrative fees assessed by the City and County will become a special assessment against the property and will appear on each property owner’s tax bill later this year.
ECONOMIC IMPACT
A breakdown of the 1,529 total delinquent accounts and the range of amounts owed are as follows:
Profile of Accounts
Amount Owed
48% (723 accounts)
Less than $500
47% (725 accounts)
$500 to $1,000
5% (81 accounts)
$1,000 to $3,507.65
Payment of these fees should not have an undue adverse impact on property owners or tenants as they will be required to pay charges that the overwhelming majority of property owners and tenants pay on a regular basis. The only difference is that property owners of the delinquent accounts must also pay the small administrative fees mentioned above.
STRATEGIC ROADMAP
This agenda item does not directly relate to any of the six priorities outlined in the Council’s Strategic Roadmap.
SUSTAINABILITY FEATURES
Solid waste management involves the safe and responsible management of discarded material from generation through processing to disposal. Reducing waste landfilled by maximizing the reuse, recycling, and composting of materials increases diversion, conserves natural, resources, and plays an important role in making a community sustainable.
FISCAL IMPACT
There is no negative fiscal impact to the City as administrative fees will cover staff costs. Upon receipt of delinquent fees remitted by the County Tax Assessor’s Office, the City will retain the administrative and franchise fees and remit the balance to WMAC.
PUBLIC CONTACT
WMAC mailed letters in January, March, and April to each residential property owner and tenant with a delinquent garbage bill. Each letter stated that the City’s ordinance holds property owners responsible for garbage service fees, provided the past due amount, and included a phone number and email address to resolve questions regarding amounts owed. The March and April letters indicated that Council had authorized, at its April 6, 2010, meeting, collection of delinquent garbage bills through placement of assessments on the Alameda County tax rolls. The April letter identified a due date of June 1, 2022 for payment of delinquent amounts, though WMAC will continue to accept payments until 5:00 p.m., July 29, 2022. The April letter also indicated Council’s confirmation of the report and list of delinquent charges would be scheduled for June 2022. All letters were approved by City staff. Property owners were given an opportunity for an administrative hearing to dispute the delinquent amount, but no hearings were scheduled.
The Notice of City Council’s scheduled confirmation of this report was published in The Daily Review on June 17, 2022.
NEXT STEPS
The WMAC will continue to accept payments until July 29, 2022. Staff will provide the final list to the Alameda County Tax Assessor’s Office by August 10, 2022.
Prepared by: Jeff Krump, Solid Waste Program Manager
Erik Pearson, Environmental Services Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
Kelly McAdoo, City Manager