975.08 RATES; RESPONSIBILITY OF PUBLIC SERVICE DIRECTOR.
   (a)    Recommended by Public Service Director. The Director of Public Service shall recommend to Council such fees for solid waste collection as are necessary to meet all costs of operating and maintaining the Solid Waste Management System as follows:
      (1)    Subject to annual adjustments as provided for in subsection (2), the rates to be charged to all residential customers receiving residential service from the City shall be set forth in the rate schedule below, which rates shall constitute the base rates for City solid waste collection services effective March 29, 2020:
         Inside City         $22.00 per unit (monthly)
         Outside City         $25.50 per unit (monthly)
         Homestead Discount See Section 975.081
      (2)    The rates set forth in subsections (a)(1) and (c)(3)A. and B. shall be annually adjusted for the ensuing year to reflect changes which have occurred in the cost of living as established by the Consumer Price Index over the preceding 12 month period. The adjustment shall be in the same proportion that the Consumer Price Index for the month of December of the then just completed year shall have increased over the said index figure for the month of December of the immediately preceding year.
      (3)    The Superintendent of the Sanitation Department shall annually on or before February 1, submit to the Director of Public Service, a statement of the cost of living adjustment based upon the Consumer Price Index as set forth in subsection (2). On or before March 1, the Director of Public Service shall annually submit to City Council the proposed solid waste collection rates schedule for the ensuing year, including the Consumer Price Index annual cost of living adjustment, for review by City Council. The resulting adjusted rates, together with a table or schedule of the adjusted solid waste collection rates for each classification of solid waste collection user, shall go into effect upon the effective date of this section.
      (4)   If City Council finds that the proposed solid waste collection rate schedule for the ensuing year, including the cost of living adjustment based upon the change in the Consumer Price Index, is insufficient to meet the needs and requirements of the City for operating and maintaining the Solid Waste Management System for the ensuing year or if City Council finds that the cost of living adjustment based upon change in the Consumer Price Index is otherwise inconsistent with the needs and requirements of the City for operating and maintaining the Solid Waste Management System, City Council shall by ordinance amend or modify the proposed adjusted solid waste collection rates accordingly. However, if City Council takes no action by ordinance for the further modification of the proposed solid waste collection rates, including the cost of living adjustment, as submitted by the Director of Public Service, then the proposed schedule of solid waste collection rates shall automatically go into force and effect forty-five (45) days after the submission of said schedule by the Director of Public Service.
   (b)    Uniform Rate Structure. The rates set forth in subsection (a)(1) and (c)(3)A. and B. shall be charged on a uniform basis for each single-family residential unit, each multifamily residential structure, whether occupied or vacant, and for general commercial structures which produce solid waste as computed in accordance with the provisions of this section.
   (c)    Cubic Yard Container Service and Rates.
      (1)   The Director of Public Service shall be authorized to enter into agreements with owners of multi-family residential structures and general commercial users for cubic yard container service.
      (2)    Each agreement shall set forth the provisions describing the service rendered to each customer and shall include the following:
         A.    Number of units serviced.
         B.    Number of weekly pickups.
         C.    Container size.
         D.    Number of containers.
         E.    Established rate per container.
         F.    Total monthly rate to be paid by customer.
      (3)    The rates to be charged to owners of multi-family residential structures and general commercial users who receive cubic yard container service from the City shall be computed in accordance with the cubic yard container rates established in subsections (c)(3)A. and B. hereof. Single-family residential customers may opt to receive cubic yard container service from the City and pay the applicable cubic yard container rate(s) established in subsections (c)(3)A. and B. hereof, either in lieu of or in addition to the residential rates established in subsection (a)(1). However, a single-family residential customer will not receive cubic yard container service from the City unless and until the Sanitation Superintendent or his/her designee gives prior approval and, if deemed appropriate by the Director of Public Service, the customer enters into an agreement with the City for cubic yard container service.
         A.    Subject to annual adjustments as provided for in subsection (a)(2), the rate per container per month shall be as follows, which rates shall be all-inclusive and shall constitute the base rates effective March 29, 2020:
 
Container
Rates (Per Container)
1 cubic yard
$55.00
2 cubic yard
77.00
3 cubic yard
99.00
4 cubic yard
121.00
6 cubic yard
148.50
8 cubic yard
176.00
         B.    Subject to annual adjustments as provided for in subsection (a)(2), effective March 29, 2020, the 72-hour rental/extra dump rates are as follows:
Container
Rates (Per Container)
1 cubic yard
$55.00
2 cubic yard
71.50
3 cubic yard
82.50
4 cubic yard
93.50
6 cubic yard
110.00
8 cubic yard
137.50
14/15 cubic yard
275.00
14/15 cubic yard (C&D)
302.50
20 cubic yard
330.00
20 cubic yard (C&D)
357.50
   (d)    Special Agreements.
      (1)    The Director of Public Service shall be authorized to negotiate and enter into agreements with users that require special considerations or miscellaneous pickups for solid waste collection service.
      (2)    Each agreement shall set forth the provisions describing the service rendered to each customer and shall include:
         A.    Number of cubic yards to be collected.
         B.    Number of pickups.
         C.    Number of units serviced.
         D.    Number of containers.
         E.    Total monthly rate to be paid by customer.
         F.    Type of refuse to be collected.
      (3)   Special consideration and miscellaneous pickup rates shall be computed in a consistent and non-arbitrary manner, taking into account all of the rates set forth in this section and the overall needs of the Sanitation Department.
      (4)   The agreements shall be subject to annual renegotiations based upon increases and/or decreases in either the uniform rates and/or the City's cost of operation.
   (e)    Billing and Responsibility for Payment.
      (1)    Single-family residential customers shall be billed and pay on a monthly or bimonthly basis, at the discretion of the Director of Public Service, for service received during the applicable period immediately preceding the billing date. The owner of record of the property serviced is responsible for payment.
      (2)    Multi-family residential and general commercial customers shall be billed and pay on a monthly basis for service received during the thirty-day or one-month period immediately preceding the billing date. The owner of record and/or the leaseholder of the properties serviced is responsible for payment.
      (3)    Special agreement customers shall be billed and pay on a monthly basis for service received during the thirty-day or one-month period immediately preceding the billing date. The owner of record and/or the leaseholder of the properties serviced is responsible for payment.
      (4)    A deposit amounting to the total of the initial monthly or bimonthly charge for owners of multi-family residential structures and general commercial users may be required.
      (5)    The Director of Public Service may set and charge a reasonable late fee for payments that are not received prior to the established due date.
   (f)    Adjustments Made by the Director of Public Service. The charges provided in this section may be adjusted by the Director of Public Service. Adjustments shall be made only after the charges have been made by the City, and upon receipt of an affidavit executed by the owner of record of the residential unit or units for which the charges have been made. A separate affidavit shall be completed for each billing period for which an adjustment is being requested, unless the Sanitation Superintendent or his designee verifies that service was not rendered. The affidavit shall state the following:
      (1)    That the affected unit or units were unoccupied and no garbage collection was made during the bimonthly billing period for which the adjustment is requested.
      (2)    The reason no sanitation service was rendered by the City.
      (3)    That the owner understands that knowingly making a false statement of material fact in the affidavit may constitute a crime.
   Multi-family residential and general commercial accounts are exempt from this subsection (f). (Ord. 132-2020. Passed 7-13-20.)