Upland council authorizes placing delinquent utility and refuse charges on county tax roll after public hearing

The Upland City Council voted unanimously Monday to authorize placing delinquent water, sewer and refuse service charges on the San Bernardino County property tax roll, after staff detailed the city’s expanded lien process and several residents urged more time or payment arrangements.

The actions covered two related items: a staff report on delinquent water, sewer and refuse accounts and a separate report on delinquent refuse accounts billed by contractor BERTEC Waste Industries. Assistant City Manager Steven Parker introduced both items and Finance Manager Stacy Sullivan led the utility presentation.

“The item before you today is the collection of delinquent water, sewer, and refuse charges, for the county tax roll,” Sullivan told the council as she outlined the ordinance changes staff has been enforcing since the council adopted Ordinance 19-83 in November 2023. Sullivan said the ordinance requires utility accounts be in the property owner’s name, effective Jan. 1, 2024, and staff expanded the lien process this year to include open single-family, multifamily and commercial accounts with no minimum balance.

Why it matters: placing unpaid utility and refuse charges on the county tax roll converts past-due balances into a property assessment that typically carries additional county fees and can be collected with annual property taxes. Staff said the change is intended to improve collection rates for longstanding delinquencies and to hold property owners accountable for tenant balances when accounts are not converted to owners’ names.

Key figures and process details

- For the water/sewer/refuse item (item 11A) staff said the current list includes 291 accounts with approximately $780,000 due; multifamily accounts on the list numbered 8 (about $27,000) and commercial accounts 2 (about $2,400). Sullivan said administrative and county assessment fees bring the total “to over $800,000.” - Sullivan said the city has 892 single-family accounts that remain in renters’ names (accounts that staff are manually converting to owners’ names) and expects that work to be finished by the end of the year. - Closed accounts from April 1–June 30 that the city intends to pursue through the California Franchise Tax Board (FTB) total 218 accounts, about $447,000, Sullivan said; staff described FTB garnishment as an additional collection tool for closed tenant accounts. - The delinquent-refuse item (item 11B) covers refuse accounts billed by BERTEC; staff reported 682 single-family and 45 multifamily delinquent refuse accounts, with roughly $171,000 past due and a total with fees of about $232,000. - A recurring administrative charge of $15.75 is added monthly to open delinquent accounts, and the county charges an $84-per-account administrative fee when an assessment is placed on the tax roll, Sullivan said.

Payment plans, deadlines and relief options

Staff described a limited payment-plan policy: plans are available for accounts that have generally been in good standing, where the delinquency is an aberration (for example a verified leak), and where the property owner signs a repayment agreement. Repayment plans are reviewed case-by-case and not to exceed six months. Staff said the city will not open payment plans for accounts that have been chronically delinquent for years without prior contact.

On the council dais and during public comment, staff stressed a short window for residents to clear or arrange payments before the county filing deadline. Assistant City Manager Steven Parker said the city will send the file to the county on Aug. 7 and that payments made and processed before the county submission will be removed from the roll. Parker added the county allows limited post-submission corrections but warned staff cannot reopen the list to unlimited after‑the‑fact changes.

Resident appeals and council response

Several residents addressed the council during the public hearings seeking fee waivers, extra time or payment arrangements. Patricia Delau, a homeowner who said she owed about $4,225, told the council she had partial funds of “close to 3,500 at this time and can pay” and asked staff to waive fees or accept a payment plan.

Renter Lynn Williams said she had been making partial payments monthly and asked for an extension until Aug. 10 to complete payment: “I’m only asking for an extra week. I can pay a portion of it now, absolutely, but I just need until the August 10 to pay the balance,” Williams said.

Benita Garcia and other speakers described job loss and family hardship and asked whether smaller monthly payment arrangements could be accepted; staff responded that the finance counter had customer-service staff available that evening and encouraged anyone who thought they could resolve their account to come to the window and arrange payment prior to the county deadline.

For BERTEC-billed refuse accounts, Shawna Graves and other property representatives said they had tried to make payment arrangements and expressed concern that a lien would complicate title transfers or estate matters; staff reiterated that funds collected through the tax-roll process go to the city to cover refuse service costs and that BERTEC handles billing but does not receive the assessed funds.

Council action and follow-up

- Item 11A (delinquent water, sewer and refuse charges): motion to accept the staff report and authorize delinquent charges to be placed on the county tax roll, moved by Council Member Mauss and seconded by Council Member Breitling; motion passed unanimously. - Item 11B (delinquent refuse charges billed by BERTEC): motion to accept the staff report and authorize delinquent refuse charges to be placed on the county tax roll, moved by Council Member Breitling and seconded by Mayor Pro Tem Zuniga; motion passed unanimously.

Staff emphasized they would remove accounts from the list if payments are received and processed before county submission and urged anyone on the published lists to visit the finance window that night to arrange payment or discuss options. City staff also said they will continue manual conversion of accounts in renter names to property-owner names through the end of the year and will pursue closed accounts through the State Franchise Tax Board where applicable.

What’s next

Council’s approvals give staff authority to proceed with the tax-roll assessments as presented. Residents named on the published lists were told they could still settle accounts at the finance counter before the county deadline; otherwise the assessments and county administrative fees will be placed on property tax records for collection with property taxes.

(Quotes are from the meeting transcript.)