(A) Collection by City.
(1) There is established a system of solid waste collection services for residential and noncommercial premises. It is unlawful for anyone other than the City or its authorized representative to engage in the business of collecting, transporting, hauling, or conveying of any solid waste from residential and non-commercial premises within the City, or to dump or dispose of the same.
(3) Fourplexes with a single owner and non-commercial premises may request a 300- gallon City container in place of a 96-gallon City container. The Director of Public Works shall have the discretion to approve or deny such a request.
(4) Residential premises located in rural or outlying areas may request a 300-gallon City container with once a week pickup in place of the 96-gallon City container. The Director of Public Works shall have the discretion to approve or deny such a request.
(B) Management of solid waste collection services. The City Council shall have the power to prescribe such other and further rates, rules, and regulations as it may deem necessary in connection with the control and management of solid waste collection services.
(C) Application for service.
(1) Any new property owner (or his or her agent) or occupant of a residential or non-commercial premises shall submit to the Finance Department ownership or other information as required by the Finance Director or designee and pay all outstanding amounts owed by the customer for solid waste collection services provided to any other premises.
(2) The City may refuse to provide solid waste collection services for any good and sufficient reason, including, but not limited to, the following: service not available under a standard rate; service which involves excessive service expense; service which may affect the service to other customers; the applicant is delinquent in payment of any monies due to the City; and any other reasons that in the judgment of the Finance Director or his or her designee makes it impractical for the City to provide solid waste collection services.
(D) Deposit. The City may require deposits for any solid waste collection services provided by the City before such service is provided. The total amount of the deposit shall be determined by taking into consideration the anticipated amounts which will be billed for services provided, the past payment record, if any, of the customer, and any other information the City may deem necessary in order to provide an adequate deposit. The deposit will not be less than the amount established by resolution. Deposits shall be non-interest bearing and shall be refunded to the customer upon discontinuance of service and payment of charges, provided that charges may be deducted from said security deposit before the refund is made.
(E) Set-up fee. The City Council may determine a pre-paid set-up fee for solid waste collection services provided by the City. The set-up fee shall be applied to new service and/or each time service is discontinued or suspended and then reestablished.
(F) Bulk trash special non-compliance fee. The City may charge a fee, in an amount to be determined by City Council, for the collection and/or disposal of bulk trash that exceeds the allowed set out size limit or approved location as provided in this chapter when such collection and/or disposal is made by the City after a customer fails to timely comply with a notice of inspection issued pursuant to § 50.071(B).
(G) Payment responsibility. Customer shall be responsible for the payment of all bills related to solid waste collection services.
(H) Discontinuance of service. Any customer who desires to discontinue solid waste collection services shall make a formal request to the Finance Department at least three business days in advance of the requested termination of service. Until a request to discontinue service is received and the City container returned to the City, such premises shall be deemed occupied and the customer’s payment responsibility for solid waste collection services provided to the premises will continue.
(1) The City may discontinue solid waste collection services under any of the following conditions:
(a) To prevent fraud or abuse;
(b) Disregard of the City rules pertaining to solid waste collection services;
(c) Emergency repairs;
(d) Insufficient supply caused by factors outside the control of the City;
(e) Legal process;
(f) Direction of public authorities;
(g) Local emergency requiring emergency measures; and
(h) Non-payment of any monies due to the City for any services, fines, or assessments billed to the customer.
(2) If any residential accounts and non-commercial account is destroyed by fire or by an act of God or damaged to the extent that it is uninhabitable, or is demolished and removed from the property, then upon written notice by the property owner and the inspection and verification thereof by an authorized agent of the City, the Clerk shall discontinue solid waste collection services for said account.
(I) Suspension of service.
(1) Suspension by the City under certain conditions. Solid waste collection services may be suspended by the City under any of the following conditions:
(a) Premises not occupied; or
(b) Seasonal customers.
(2) Suspension by customer. Any customer who desires to suspend solid waste collection services shall do so on a calendar quarter basis (January 1 – March 31; April 1 – June 30; July 1 – September 30; October 1 – December 31) and shall complete and file an application to suspend service with the Finance Department at least three business days in advance of the requested suspension of service. Until an application to suspend service is received by the Finance Department and the City container is returned to the City, the premises shall be deemed to be occupied and the customer’s payment responsibility for solid waste collection services will continue.
(3) Discontinuance of services for vacant premises. If the customer, in its application to suspend services, certifies that the premises owned or controlled by him or her has been or will be completely vacant and unoccupied continuously and that no solid waste has or shall accumulate on said premises, then the Finance Director shall, upon verification thereof, discontinue services during the quarter(s) said premises remain vacant or unoccupied; it being expressly provided, however, that if any premises was vacant and unoccupied prior to submitting an application for suspension of service for over one calendar quarter, then the Finance Director shall only suspend the charges for the quarter prior to filing of the application. Upon said premises becoming occupied, it shall be the duty of the owner, occupant, or authorized agent thereof to notify the Finance Director in writing of such occupancy within five days thereof and the owner shall be required to pay the set-up fee prior to delivery of the City container, and shall be charged for service at the beginning of the next month.
(J) Rates and bills - residential and non-commercial premises. The City Council shall determine rates for solid waste collection service. Service for a time period less than a month may be charged at the minimum monthly rate.
(1) Billing for solid waste collection services will be mailed quarterly and are due and payable monthly and shall be deemed delinquent if not paid by the last day of the month the services were provided. A delinquent charge established by City Council may be assessed on any unpaid balance for charges that are past due.
(2) Unpaid solid waste collection services charges shall accrue interest at the rate of 5% per annum from the date on which they become due and payable until the date on which they are paid in full.
(3) The City reserves the right to vary the dates or length of billing periods temporarily or permanently, if necessary or desirable.
(4) In the event that said bill is not paid before said delinquent date, then the City shall take whatever action is necessary on or after said delinquent date to collect any unpaid fees, including prosecuting said claim in a court of appropriate jurisdiction against those who are delinquent and using all lawful ways and means for the collection of said claim. Any account requiring special collection efforts may be assessed collection charges, as established by the Finance Director, and subject to the approval of the City Manager.
(5) The City may elect to assign unpaid charges, fees, or assessments to a collection agency or attorney to collect. The City may recover all costs of litigation and collection from the account holder, including reasonable attorney’s fees.
(6) The Finance Director may also post at appropriate buildings and publish in the newspaper or other media a list of property owners and/or renters who have delinquent accounts with the City for solid waste collection services.
(7) Solid waste collection services charges shall be considered delinquent and subject to special collection efforts, up to and including the discontinuance of any or all services and removal of the City container, for any of the following reasons:
(a) Failure to pay for any services, fees, or assessments by the due date;
(b) Nonpayment of a bill for services rendered to the account holder at a previous location;
(c) Non-sufficient funds checks; and
(d) Stop payments imposed on checks after their tender to the City.
(8) Prior to terminating service for nonpayment of amounts due, the City will send by regular mail, a 30-day written notice of the scheduled discontinuance and the removal of the City container to the customer.
(9) Payment for any and all monies due the City, including deposit, set-up fee, and non-payment City container re-establishment fee and/or collection costs, will be expected prior to the reinstatement of services.
(10) When the City has been required to make special collection efforts on an account three times in a 12-month period, the Finance Director or his or her designee may require an additional deposit amount equal to three times the average of their last three bill amounts.
(11) The termination of services and removal of the City container for non-payment of amounts due the City pursuant to sections (H)(1)(h) and (J)(7) above shall not suspend or terminate the customer’s payment responsibility for monthly solid waste collection services after termination of the services.
(K) Disputed bill. Customer may present a claim to the City if he or she believes that he or she may have received an incorrect bill. Such claim shall be presented in person or in writing to the Finance Department before such bill becomes delinquent, provided that the customer may make a claim following payment of his or her bill and his or her payment shall not prejudice his or her claim. Such claim shall not exempt the customer from delinquency penalties if he or she fails to pay the undisputed portion on time.
(L) City containers. Customers are responsible for their City-assigned container, to include lost or stolen containers and/or damage caused to the container. Replacement of the City container will be at a cost to the customer, which shall be set by resolution of the City Council.
(M) Commencement of charges. The City shall commence solid waste collection service charges upon the first day that solid waste collection services are available to the premises.
(N) Proper disposal. In addition to other federal, state, and local statutes, rules, and regulations limiting the disposal of solid waste, no person shall discard or otherwise dispose of any solid waste on or in a City container that has not been assigned for use by that person, or on or in any street, sidewalk, alley, right-of-way, or other City property except as expressly authorized and approved by the Administrator.
(O) Violations; notice and opportunity to cure. For any violations of this section, the City shall mail to the customer a written notice of the violation, referencing the applicable code provision and requiring the customer to remedy the violation within 30 days. The notice shall be mailed to the customer’s billing address. At the expiration of 30-day period, if the customer has not remedied the violation, the City shall have the option to remove the City container, discontinue service, and seek all other relief against said customer. Where the City container has been removed, the customer shall first pay to the City a non-payment container re-establishment fee, in addition to all other charges included herein, prior to the City providing a new garbage container and reinstating service.
(Prior Code, § 21-1-3) (Ord. 15-18, passed 12-14-2015) Penalty, see § 150.999