§ 51.01  FEES AND BILLING.
   (A)   Establishment of user fees
      (1)   Beginning January 1, 1984, an equitable charge, which may be amended from time to time by the Town Council, will be made to each taxpayer of improved property within the civil town for the expense of garbage and refuse removal as per division (B) below.
      (2)   Billings will be made by the town, to the address of record of each improved property owner prior to January 1 and of the ensuing year. Bills shall be paid in full within 30 days of the billing date.
      (3)   (a)   The Town Council will determine and establish, by ordinance, fees for single- and multiple-family residences.
         (b)   Multiple-family residences will be charged the basic fee for a single-family residence plus an additional fee for each additional living unit.
      (4)   All established rates will be reviewed annually and adjusted as required for the following year. An administrative and maintenance cost is included in the fee.
      (5)   A unit charge for single-family residents is hereby established per the Town Fee Schedule, § 10.99.
      (6)   Duplex dwellings and apartment units will be charged for the first unit and for each additional living in addition to the first unit for which a rental fee is collected, per the Town Fee Schedule.
      (7)   Commercial property located in an area of the town that is zoned commercial shall be exempt from any liability to the town for the annual garbage collection, disposal and recycling fee imposed under Town Ordinance 84-38, as amended. Commercial units in a commercial zone will be required to contract with a disposal company for garbage, disposal and recycling services.
      (8)   The waste disposal fees are based on ownership and not volume. In all cases where a fee is charged the ultimate responsible party shall be the property owner of record.
      (9)   Yearly fees for garbage and refuse service are set forth in the Town Fee Schedule.
   (B)   Fee; billing, revenue and delinquency.
      (1)   Beginning January 1, 1983 an equitable charge will be made to each taxpayer of improved property within the civil town for the expense of garbage and refuse removal.
      (2)   The Town Council will determine and establish, by resolution fees for single and multiple-family residences. Multiple-family residences will be charged the basic fee for a single-family residence and the established fee, by resolution for each additional living unit.
      (3)   (a)   Commercial units will not be charged a fee if they provide proof of contract with a disposal company for the use of a dumpster to dispose of garbage.
         (b)   When proof is not provided, the Town Council, by resolution, will determine a unit rate for same and make it a matter of record. All established rates will be reviewed annually at budget time and adjusted as required for the following year.
      (4)   Billings will be made by the town, to the address of record of each improved property owner prior to January 1 of the ensuing year.
      (5)   Bills shall be paid in full within 30 days of the billing date. Delinquent payments will be subject to a penalty charge of 10% of the amount due and a reasonable attorney's fee and may be recovered in a civil action in the name of the Town of Beverly Shores as per I.C. 36-9-25-11 and I.C. 36-9-30-21.
      (6)   (a)   Revenue from billings will be accrued in the general fund. Payments of all costs incident to the service will be made from this fund.
         (b)   Any surplus or deficit accumulating in the fund will be applied to the estimated costs for the ensuing year, and considered in setting the unit charge for that year. The objective of this procedure is to liquidate all costs in the revenue year and limit long term accrual in the fund.
(Ord. 94-06, passed 11-14-1994; Am. Ord. 194, passed 10-7-1982 (84-37); Am. Ord. 207, passed 12-19-1983 (84-38); Am. Ord. 05-12, passed 12-19-2005; Am. Ord. 09-11, passed 11-19-2009; Am. Ord. 10-10, passed 11-30-2010)