REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
April 29, 2025
FROM
NOEL CASTILLO, Director, Department of Public Works/Solid Waste Management
SUBJECT
Title
Delinquent Lien Fee Ordinance Revision and Clean-Up of Previously Amended Language
End
RECOMMENDATION(S)
Recommendation
1. Consider proposed ordinance relating to delinquent lien fees and clean-up of language regarding penalties for violations, commercial organics recycling/diversion and resolution of subscriber complaints.
2. Make alterations, if necessary, to the proposed ordinance.
3. Approve introduction of proposed ordinance.
• An Ordinance of San Bernardino County, State of California, to amend Subsection 46.0506(d), Section 46.0508, Subsection 46.0604(h), and Subsection 46.1003(d) all of Title 4, Division 6 of the San Bernardino County Code relating to collection of delinquent fees on the tax rolls, penalties for violations, commercial organics recycling/diversion and resolution of subscriber complaints.
4. SCHEDULE ORDINANCE FOR FINAL ADOPTION ON TUESDAY, MAY 6, 2025, on the Consent Calendar.
(Presenter: Noel Castillo, Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost), as the Department of Public Works-Solid Waste Management Division (SWMD) is financed by fee revenue. SWMD establishes fees that are charged to the public and other agencies for utilization of the County’s Waste Disposal System.
BACKGROUND INFORMATION
On April 6, 2004 (Item No. 21), the Board of Supervisors (Board) approved uniform handling services in the unincorporated areas of Upland, Colton, Rialto, Muscoy, Oak Glen, Montclair, Chino, Fontana, Devore, Bloomington, San Bernardino, Redlands and a portion of the mountain unincorporated areas of Crestline, Lake Arrowhead, Grass Valley, Arrowbear, Running Springs, Smiley Park, Sky Forest, Blue Jay, Twin Peaks, Valley of Enchantment, Crest Forest, Cedar Pines, requiring all improved residential properties to subscribe to and pay for mandatory trash collection service.
As a result of Senate Bill (SB) 1383, uniform handling services were approved by the Board and expanded on December 13, 2022 (Item No. 91) and on November 14, 2023 (Item No. 100) for all generators in all franchise areas that didn’t qualify for a state approved low-population waiver. In areas subject to uniform handling services, the County Code and franchise agreements prohibit the hauler from discontinuing service for non-payment of monthly service fees. The County Code states that the delinquent fees, related penalties, interest, and cost of collection, shall be considered a debt owed to the County that, pursuant to Health and Safety Code sections 5473 through 5473(a), the County has elected to have collected through the County’s property tax roll at the same time as general taxes.
The proposed ordinance amends County Code section 46.0506(d) to continue to allow the County, as it has since 2005, to elect to have delinquent fees, and the related penalties and interest and costs of waste collection, collected on the tax roll in the same manner as its general taxes through June 30, 2035. The current election in the County Code expires on June 30, 2025. This process also aids in the assurance of compliance because the minimum required services under SB 1383 are prohibited from being discontinued for non-payment. It also cleans up language in Section 46.0508, Subsection 46.0604(h), and Subsection 46.1003(d) to change code section references related to uniform handling, removing reference to an incorrect code section regarding exemptions, and correction of the code section referencing the appeal procedure, respectively.
The effective date of the proposed ordinance will be thirty days from the date of adoption by the Board on May 6, 2025.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jolena Grider, Deputy County Counsel, 387-5455) on March 17, 2025; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5412) on April 10, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on April 14, 2025.