10-4-4-3: FEES FOR SERVICE:

   A.   City Right: The City maintains the right to prescribe and regulate the rates, fees or charges made for services pertaining to solid waste management and the collection and disposal of solid waste.

   B.   Schedule Of Fees: Except for commercial organic waste service providers, the City shall set fees for available services, such fees to be contained in a separate schedule of solid waste customer fees passed by resolution or ordinance by the City Council. The City Council may amend by resolution or ordinance the fees and the types of available services as necessary.

   C.   Account Initiation Fee: An account initiation fee as found in the solid waste schedule of fees shall be assessed at the initiation of City billing service for each new account.

   D.   Hardship Discount: Residential customers may apply for a hardship discount on residential solid waste service by making application to Public Works Utility Billing Services. The hardship discount does not apply to commercial solid waste service. To apply for the discount, the applicant must be living at the premise for which the discount is requested and the account must be in the applicant's name.

   E.   Deposits: Deposits may be required for initiating, continuing or restoring any residential or commercial regular solid waste service for customers with limited or poor credit histories, a poor payment history with the City or any public utility, or who have supplied false information at the time of application for service. Deposits, less any outstanding balance, will be refunded or credited when the customer cancels service or has made timely payments on the service account for twelve (12) consecutive months.

   F.   On-Call, Temporary Service Deposits: Deposits may be required for initiating, continuing or restoring any on-call or temporary solid waste service, rounded to the nearest dollar, for customers with limited or poor credit histories, or for those customers who have a poor payment history with the City or any public utility. Deposits for on-call or temporary services are listed in the solid waste schedule of fees. Deposits will be refunded or credited when the customer discontinues service, less any outstanding balance, or has made timely payments on the service account for twelve (12) consecutive months.

   G.   Suspension For Nonpayment: Once an account has been suspended for nonpayment of fees, the City shall not reinstate service until the account holder has paid the past due amount and a deposit with the Public Works Utility Billing Services. Additionally, the account holder will be responsible for paying an administrative fee.

   H.   Waiver Request: Residential customers may request a waiver of all or part of the solid waste rates, fees or charges imposed pursuant to this chapter for vacant property. Such request shall comply with the waiver procedures outlined in section 10-4-5-3 of this chapter.

(Ord. 10-21, 4-13-2021; amd. Ord. 50-22, 11-1-2022)

10-4-5: ADMINISTRATION AND ENFORCEMENT:

10-4-5-1: PUBLIC WORKS COMMISSION:

   A.   Advise City Council: Pursuant to the authority granted by title 2, chapter 6 of this Code, the Public Works Commission shall advise the City Council on policy matters pertaining to the solid waste collection system.

   B.   Authority: The commission shall have the authority to:

   1.   Study, evaluate and maintain continuing review and appraisal of the effectiveness of the existing collection system, programs, policies and activities to ensure that they are operated and maintained to meet the requirements of federal, state and local bodies;

      2.   Review and recommend rates and fees for the use of, and the services rendered by, the solid waste collection system;

      3.   Review and make recommendations for changes or additions to this chapter regulating solid waste; and

      4.   Propose and review rules, regulations, policies and guidelines for the control and management of solid waste collection systems within their control.

(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)

10-4-5-2: DIRECTOR OF PUBLIC WORKS DEPARTMENT:

The Director shall have the authority and responsibility to:

   A.   Compliance: Ensure compliance with local, state and federal rules and regulations regarding solid waste collection and disposal.

   B.   Guidelines And Policies: Establish guidelines and/or policies for the operation of the solid waste collection system.

(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)

10-4-5-3: WAIVERS:

   A.   Request: Any person may request a waiver of any provision of this chapter.

   B.   Submittal: A request for waiver must be submitted to the Public Works Department in writing using the designated forms and must provide specific reasons for which the waiver is sought.

   C.   Response: The Public Works Department shall provide a written response within thirty (30) business days of receipt of a request for waiver.

   D.   Appeal Of Decision: The decision of the Public Works Department may be appealed to the Public Works Commission pursuant to the requirements for appeals found in section 10-4-5-4 of this chapter. (Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021)

10-4-5-4: APPEALS:

   A.   Time Limit For Filing: Appeals from decisions of the Public Works Department must be filed within fifteen (15) days of receipt of the written decision which is the basis of the appeal.

   B.   Submittal: Appeals must be in writing, stating the specific reasons for the appeal, and submitted to the Public Works Department for review by the Public Works Commission at a regularly scheduled hearing.

   C.   Notice Of Hearing: Notice of the time and place at which the commission will hear the appeal shall be provided to the applicant no later than five (5) days prior to the scheduled hearing.

   D.   Appearance: The person who filed the appeal may appear at the hearing and present evidence or testimony. They will bear the burden of proving the decision of the Public Works Department was not reasonable.

   E.   Final Decision; Further Appeal: Final decisions of the Public Works Commission shall be in writing and may be appealed to the City Council by filing a notice of appeal with the City Clerk within ten (10) days of receipt of the commission's finding. The decision of the City Council shall be final. (Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021)

10-4-5-5: DELINQUENT ACCOUNTS:

   A.   Late Payment Fee: Charges and fees must be received by the City prior to the due date shown on the invoice or billing statement. All charges and fees not paid within or by the time periods established by the City shall be considered delinquent and such delinquent accounts shall be charged a late payment fee of one and one-half percent (1.5%) per month to be added to the balance.

   B.   Suspension Of Service: Solid waste service for delinquent accounts may be suspended until such time as all charges and fees are paid. This shall include all solid waste service accounts, both commercial and residential, for a delinquent account holder.

   C.   New Service Prohibited: Any person who has a delinquent balance, including fees and interest, on any City held account, whether or not the account has been closed or suspended, is prohibited from obtaining any new solid waste service, either commercial or residential.

   D.   Appeal: Persons who have had their solid waste service suspended may appeal the decision to the Public Works Commission as provided for in section 10-4-5-4 of this chapter. (Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021)

10-4-5-6: ADMINISTRATIVE ENFORCEMENT:

The City may utilize administrative enforcement procedures with the intent to remedy violations of this chapter without the necessity of civil or criminal enforcement proceedings. The administrative enforcement proceeding shall be initiated upon service by the City of written notice upon a person in violation of this chapter, with a description of the violation and possible enforcement actions the City will utilize. Within twenty (20) days of receipt of a written notice of violation, the customer shall respond to the City, advising of its position with respect to the allegation of violation, and thereafter, shall be granted an opportunity to meet with the City to discuss the violation and establish a plan for correction of the violation. Submission of a response does not relieve the customer of liability for any violations of this chapter. The City retains the right to take any necessary enforcement action without first issuing a notice of violation, and the use of administrative actions shall not preclude the City from seeking any other remedies or penalties provided for in this chapter. (Ord. 21-17, 5-23-2017)