§ 4.707 SOLID WASTE SERVICE RATES AND BILLING.
   (A)   Charges. The City Council shall by resolution fix all charges and penalties for solid waste service rates for dwellings and shall similarly fix the rates by which such charges shall be computed. All such utility bills may be collected as provided for billing by division (C) of this section. Other charges and fees for services may be included in the SWMOP.
   (B)   Owner liability for charges. In billing solid waste service the rates shall be applied by container size and service level. The property owner shall be liable for solid waste service to the property owner's property, whether the owner is occupying the property or not, and any charges unpaid shall be a lien upon the property.
   (C)   Statements; delinquent bills, stop-service for non-payment; resumption of services.
      (1)   Accounting. The administration services of the city shall provide for a method of periodic accounting and recording of solid waste service levels at each location throughout the city. Bills shall then be calculated to include penalty and extra service charges; minimum charges for availability of solid waste services, regardless of usage; and other charges as necessary and appropriate for revenue for the maintenance and operation of the city solid waste budgets.
      (2)   Statements. The administrative service shall mail said utility bills to the owner at the address listed for each specified location or to such address as the owner of record may request in writing.
      (3)   Due date. Utility bills are due and payable on the tenth day of the month following the date of the postmark. Any bill not paid by the close of business on the tenth day of the month following its mailing is delinquent, at which time a charge established by the City Council shall be added to the billing. Partial payments shall be considered as payment towards most dated amounts billed.
      (4)   Delinquent bills. The administrative service shall ascertain all utility bills that are delinquent after the tenth day of the month and mail notice of such delinquency to the occupant of the location by the twentieth day of the same month. If such bill remains unpaid at the last day of the month in which the delinquency notice was sent, the administrative service shall send a second written notice of such delinquency. Said notice shall include a statement that solid waste service will be discontinued unless full payment is received by the tenth day of the month following the month in which the first delinquency notice was mailed. Before the solid waste service will be continued, the entire account, including any current charges must be paid along with and including the charge established by the Council for penalties. Solid waste service will only be provided during regular working hours. If utility bills are not paid, the bills may be levied against the property owner prior to continuing solid waste service, and proof of levy payment must be provided to the administrative service prior to said service being turned back on.
      (5)   Shut-off for non-payment. Solid waste service may be discontinued at any time thereafter, subject to the following exceptions. Service may not be discontinued in this manner for:
         (a)   Any tenant, lessee, or individual occupant of a multiple dwelling or commercial building which does not have a separate utility bill for each separate tenant, lessee, or occupant unit.
         (b)   Any person who has filed with the Finance Director a written protest of the amount billed, either in whole or in part, together with the reasons or basis for such protest.
      (6)   Shut-off for non-payment under division (C)(5)(a).
         (a)   Solid waste service may be discontinued under circumstances described in division (C)(5)(a) by providing 30 days' written "Final Notice" to each individual tenant, lessee or occupant.
         (b)   Upon expiration of 25 days of said 30-day period, additional written notice shall be provided to each individual tenant, lessee, or occupant indicating whether the delinquent utility bills remain unpaid.
      (7)   Shut-off for non-payment under division (C)(5)(b). Under circumstances described in division (C)(5)(b), the administrative service shall investigate the basis for the protest and issue a report of its findings to the aggrieved party. When so warranted by the results of the investigation, solid waste service may thereafter be terminated upon 24 hours' notice.
      (8)   Certification of delinquent bills. The Council may certify unpaid and delinquent solid waste bills to the County Auditor annually for collection pursuant to the provisions of M.S. § 444.075, as it may be amended from time to time.
(Ord. 1646, passed 2-26-18)