§ 52.02 FEES.
   (A)   Upon the implementation of the service, the town shall assess a fee on a per month basis for the service of weekly collection and disposal of residential municipal waste, and bi-weekly collection of recyclable materials, rendered by the town.
   (B)   The monthly residential unit fee shall be $12.35 per month, effective July 3, 2008.
   (C)   Such service and fee shall be rendered only to residential units as above defined, within the confines of the corporate limits of the town. The monthly fee shall be billed to each residential unit and collected in conjunction with other utility services provided by the town. When the utility account covers a building containing greater than one residential unit, said account shall reflect a separate monthly fee for each residential unit.
   (D)   The fee charged hereunder shall take priority over all other charges for utility services provided by the town. Partial payments shall first be applied to satisfy this service fee. Regardless of how payment may be designated, partial payment of a combined solid waste collection, recycling, and sewer bill shall be applied first to the solid waste and recycling bill and last to the sewer bill. Delinquent accounts shall be handled consistent with other utility accounts.
   (E)   Assessment of this charge may be appealed by any owner of a multi-family dwelling or operator of a complex of residential units. The appeal shall be through a petition to appeal residential municipal waste user fee to the Town Council along with verifiable documentation showing that said user’s residential unit is currently served by an approved refuse collection and disposal service other than that provided by the town. The Town Council’s decision shall be final and appealable. No dispute or appeal of said fee shall be a valid reason for non-payment until or unless said charge is deleted from the user’s utility account by the town. In such case, any overpayment made hereunder shall be applied as a credit to said user’s utility account to satisfy charges for sewer usage.
   (F)   Proper disposal of Freon waste items shall be the responsibility of the owner thereof.
      (1)   It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building, or other structure, or within any unoccupied or abandoned building, dwelling, or other structure under his or her control, any abandoned, unattended, or discarded Freon waste item for a period of greater than seven consecutive days.
      (2)   Failure to properly dispose of a Freon waste item within a seven-day period shall constitute a nuisance under this section punishable by a fine.
   (G)   (1)   The Town Council shall have the responsibility and authority to adopt rules and regulations governing the implementation of this residential municipal waste collection and disposal program which shall include the authority to appoint an agent for the collection of the charges due hereunder.
      (2)   The Town Council shall have the authority to hire and/or contract for such collection and disposal services as provided by law.
   (H)   The fee and residential municipal waste collection and disposal program established hereunder shall be reviewed at least annually. Said rate system shall be adjusted as necessary to provide sufficient funds to pay any and all contract fees for collection, hauling and/or disposal of such residential municipal waste and all costs incidental to the program, but shall also strive to equitably assess charges in a manner conducive to voluntary recycling.
(2011 Code, § 52.02) (Ord. 2008-02, passed 5-19-2008)