(A) (1) On a per-active collection unit, per-month basis, the rates and charges below shall be charged:
May 1 - April 30 | Monthly Collection Charge |
2022 - 2023 | $11.25 |
2023 - 2024 | $11.25 |
2024 - 2025 | $11.25 |
2025 - 2026 (optional extension) | $11.75 |
2026 - 2027 (optional extension) | $11.75 |
(2) All subject to collection as provided by law, the appropriate total amount above shall be billed on the utility bills of town utility customers.
(B) Any collection unit, other than single-family residential, desiring regular garbage and/or rubbish disposal service in excess amounts or of differing material than hereinabove provided for a collection unit, may negotiate for an express written agreement with the town, or the town’s designated representative, to pay an additional charge for that service. The additional charge shall be established by the Town Council and bear a reasonable relationship to and defray the costs, including indirect costs, of the additional service.
(C) Any active collection unit having an unusual nonrecurring need for garbage and/or rubbish collection and disposal may negotiate and make a separate arrangement with the collection service, if any, under contract to the town to provide the services contemplated by this chapter.
(D) The charge for any collection unit as set forth in this chapter for garbage and rubbish disposal shall be the obligation of the owner and any occupant of that collection unit.
(E) Any situation not fairly and adequately addressed by the above may be equitably adjusted, as determined by the Town Council.
(F) All charges shall be due and payable by the fifteenth day of the month in which the collection service for which the charge being made is rendered (e.g., payment for January collections are due and payable on January 15). If not paid by the fifteenth day following the due date, a 10% penalty shall be added to the delinquent amount.
(G) Collection and deferred payments charge.
(1) All delinquent fees and charges will be assessed a late charge of 10% in accordance with applicable law and may be collected as provided by applicable law.
(2) Delinquent fees and charges shall be assessed against real property and constitutes a lien against that property. The lien is superior to all other liens except tax liens. Except as provided in subsections (2) and (3), the lien attaches when notice of the lien is filed in the county recorder’s office under I.C. 36-9-23-33.
(3) In the event a service address is occupied by someone other than the owner, the delinquent fees and charges shall be assessed against real property and constitute a lien against the property only if the utility notifies the owner not later than 20 days after the time the utility fees become 60days delinquent. A notice sent to the owner under this subsection must be sent by first class mail or by certified mail, return receipt requested (or an equivalent service permitted under I.C. 1-1-7-1) to: (i) the owner of record of real property with a single owner; or (ii) at least one of the owners of real property with multiple owners; at the last address of the owner for the property as indicated in the records of the county auditor on the date of the notice of the delinquency, or to another address specified by the owner, in a written notice to the utility, at which the owner requests to receive a notice of delinquency under this subsection. The cost of sending notice under this subsection is an administrative cost that may be billed to the owner.
(Ord. 1998-1, passed 1-26-1998; Ord. 2010-1, passed 1-11-2010; Ord. 2011-6, passed 3-14-2011; Ord. 2012-10, passed 11-12-2012; Ord. 2017-2, passed 4-24-2017; Ord. 2022-3, passed 4-25-2022) Penalty, see § 53.99