A. District To Set Fees: The district shall be responsible to set fees by resolution for all aspects of solid waste management as necessary to pay for services provided by the district. (Ord. 93-03, 8-2-1993, eff. 10-1-1993)
B. Residential Collection: A fee for collection of residential solid waste from residential users located in the unincorporated areas of the county is hereby imposed. Such fee shall be set by resolution of the administrative control board of the waste management service district no. 5. (Ord. 93-03, 8-2-1993, eff. 10-1-1993; amd. 2015 Code)
C. Delinquent Service Fees:
1. The district shall arrange to be furnished to each user by mail or otherwise, a written or printed statement stating the solid waste service charges assessed against such residential user once each month or at such other regular intervals as the district shall direct. The statement shall specify the amount of the bill, the place of payment and the date due.
2. If any residential user fails to pay his residential service charge within thirty (30) days of the date due, the entity providing utility services to such premises shall have the option of discontinuing such utility service to such premises, unless the customer pays the bill in full within a specified date of the date of notice.
3. If any residential user fails to pay his service charge within thirty (30) days of the due date, the service district is hereby authorized to take all action necessary to enforce collection, including, but not limited to, the commencement of legal proceedings in a court of proper jurisdiction seeking judgment for the amount of the delinquent fees and service charges, and all costs of collection, including court costs and attorney fees.
4. The service district shall have the authority to determine that the delinquent service charges may be assessed against the premises of the residential user. If they determine to assess the real property of the residential user the amount of delinquent services charges, they shall give notice of the assessment in writing to the county commissioners. The county commissioners shall confirm the assessment and cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against, and a lien upon the property.
D. Contest: The validity of any assessment made under the provisions of this section shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment and such action or proceeding must be perfected within thirty (30) days after the entry of such judgment.
E. Lien Or Assessment: Immediately upon being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessment shall be liens against the lots or parcels of land assessed, respectively. The liens shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens, except for state, county and property taxes with which it shall be upon a parity. The liens shall continue until the assessment and all interest due and payable thereon are paid.
F. Interest: All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the same rate that the assessor assess on other property which have delinquent taxes due thereon.
G. Report To Assessor And Tax Collector; Addition Of Assessment To Tax Bill: After confirmation of the report, certified copies of the assessment shall be given to the assessor and the tax collector for the county, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for county purposes.
H. Collection Of Assessment; Penalties For Foreclosure: The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected; and shall be subject to the same penalties and procedures and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. (Ord. 93-03, 8-2-1993, eff. 10-1-1993)
I. Repayment To District: All funds collected shall be delivered to the waste management service district no. 5. (Ord. 93-03, 8-2-1993, eff. 10-1-1993; amd. 2015 Code)