(A) Application for service. Application for refuse disposal service shall be made to the City Clerk-Treasurer on forms prescribed by the city and furnished by the city. Every applicant and every person applying for refuse disposal, and every owner of property for which such application is made or service provided, shall be deemed by such application or service to consent to all ordinances, rules, and regulations of the city relating to refuse disposal.
(B) Accounts in name of owner. All accounts shall be carried in the name of the owner who personally or by his or her authorized agent shall apply for such service. The owner shall be liable for refuse disposal supplied to the property, whether he or she is occupying the property or not, and any charges unpaid shall be a lien upon the property. The term CUSTOMER shall include the owner, occupant, or both.
(C) Rates. The rates for refuse disposal shall be a charge against the premises from which refuse or rubbish is collected and the owner, lessee, or occupant of the premises, or against any or all of them, and any claim for unpaid rates charged, rentals, or services which have been properly billed to the occupant of the premises may be collected in a civil action in any court of competent jurisdiction, or in the discretion of the City Council, may be certified to the County Auditor with the taxes against such property served, and shall be collected as other taxes are collected.
(D) Payment and late charge. Payments must be received by the twenty-fifth of each month. If any service charge bill remains unpaid for a period longer than 30 days, a statement of such delinquent and unpaid charges shall be mailed to the record owner of the premises, and if payment is not made within ten days, the charges, plus interest at a rate of 10% per annum from that date, and a penalty not to exceed 10% per annum shall be assessed. Such late payment charge shall be added to the next monthly billing.
(E) Lien for nonpayment. As authorized by state law, the city may certify to the County Auditor between October 1 and 15 of each year any charges that are delinquent, which includes all such charges that are more than 30 days past due on or before September 30 of that year, which certification shall include the amount of such charges, the description of the premises serviced, and the name and address of the owner. The amount so certified shall be extended by the Auditor on the tax rolls against the premises in the same matter as other taxes, and collected by the County Treasurer and paid to the city along with other taxes. If the property is occupied by any person who is not the owner, the owner is nonetheless obligated for all service collection charges incurred.
(F) Billing. The monthly service charge for each premises shall be made to the owner or occupant, as designated in the application or as requested by the owner. In all cases, however, the owner of the premises shall be liable for refuse disposal supplied to the property. If the premises are served by city water or sewer, the charge will be billed as a separate entry on the city utility bill.
(G) Fund. All service charges shall be deposited in a separate fund designated as a Refuse Collection Fund. All expenses of providing refuse collection service shall be paid from the Fund. Any contract with the contract collector shall provide that even if the Fund, minus administrative fees, is insufficient to pay the expenses of the contract collector, the city shall not transfer funds from the General Fund, but must make diligent effort to collect the unpaid service charges, including certification to the County Auditor for collection with real estate taxes, or any other legal and appropriate civil action, or remedy available to the city.
(Prior Code, § 11.11) (Ord. 2019-06, passed 11-25-2019)