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)

10-4-5-7: PUBLIC NUISANCES:

   A.   Declaration Of Nuisance: In addition to any other remedies and penalties provided for by this chapter, the City may declare a nuisance where conditions caused or permitted to exist in violation of this chapter are considered a threat to the environment, public health, safety and/or general welfare.

   B.   Abatement: Any condition deemed a nuisance may be summarily abated by the City or the City may take civil action to abate, enjoin or otherwise compel the cessation of the nuisance.

   C.   Cost Of Abatement: The cost of abatement shall be borne by the owner of the property. The City shall also seek payment from the owner for all costs associated with the abatement, including, but not limited to, investigation costs, administrative costs, costs of suit and reasonable attorney fees for all administrative or civil proceedings for the nuisance violation.

   D.   Additional Remedies: The City retains the right, in addition to any other penalties and remedies provided herein, civil or criminal, to levy a special assessment against property deemed a nuisance, as provided for in Idaho Code section 50-334. (Ord. 21-17, 5-23-2017)

10-4-5-8: VIOLATIONS CONSTITUTE MISDEMEANORS:

Any person violating any provision of this chapter shall be guilty of a misdemeanor. Upon conviction, the penalty may be a fine or imprisonment as provided in section 1-4-1 of this Code. Each day the violation is committed or permitted to continue shall constitute a separate violation of this chapter, punishable as above. (Ord. 21-17, 5-23-2017; amd 2019 Code)

10-4-5-9: CIVIL ACTIONS FOR VIOLATIONS:

In addition to, and exclusive of, any criminal penalty provided by this chapter, the City retains the right to utilize all civil remedies provided under state or federal law to recover any expenses incurred by the City due to a violation of this chapter. This shall include all costs associated with the collection and disposal of solid waste undertaken by the City after a violation of this chapter, any federal penalties levied against the City directly attributable to a violation of this chapter, as well as any investigation or legal expenses incurred in enforcing this chapter.

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

10-4-5-10: NONEXCLUSIVITY OF REMEDIES:

All remedies and penalties under this chapter are in addition to and do not supersede or limit any and all other remedies and penalties, both civil and criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 21-17, 5-23-2017)