(A) (1) There is hereby established and levied upon all real estate in the city upon which there is constructed a residential structure or upon which there is placed a mobile home and upon the owners thereof, jointly and severally, an annual residential solid waste and recycling collection fee in the amount equal to the total cost of the waste collection contract divided by eligible residential units as of July 1 of that year for each residential unit per year, effective July 1, 2013. This amount shall be prepared annually by the City Administrator or Finance Officer/Treasurer, and submitted to Council for approval. This amount may be billed to applicable property owners in monthly or quarterly installments. In lieu of this process, but still requiring solid waste collection from each residential unit, the city may choose to adopt the monthly or yearly fee set forth in the franchise agreement between Elsmere and the designated solid waste collection entity, and require the solid waste collection entity to bill the amount directly to applicable residential property owner(s). Residential property owners or their designee shall be required to pay the monthly or yearly cost billed by the solid waste collection entity for solid waste and recycling collection.
(2) Each unit of a multiple unit dwelling and each mobile home shall constitute a residential unit, and each shall be subject to the residential solid waste and recycling collection fee. At the City of Elsmere’s sole discretion, the residential garbage fee may be collected by the city’s solid waste and recycling collection franchisee. The franchisee is authorized to initiate reasonable collection procedures to collect any delinquent fees owed to it by city property owners.
(B) If said fee is not collected by the city’s solid waste and recycling collection franchisee, the residential garbage collection fee shall be due and payable to the city on the first day of October of each calendar year at the office of the City Clerk, and shall be delinquent on the first day of December thereafter. If not paid by December 1 of each calendar year, there shall be added a penalty of 10%, plus interest thereon at the rate of 8.5% per annum from the date of delinquency until paid, plus the cost of collection, including court costs and attorney's fees.
(C) If applicable, all proceeds of the residential garbage collection fee collected by the City of Elsmere shall be paid into the General Fund.
('76 Code, § 30.03) (Ord. 1023-1973, passed - - ; Am. Ord. 1265-1986, passed 8-1-86; Am. Ord. 1331-1990, passed 9-11-90; Am. Ord. 1375-1993, passed 5-11-93; Am. Ord. 1438-1997, passed 9-23-97; Am. Ord. 1500-2002, passed 9-10-02; Am. Ord. 1561-2006, passed 9-12- 06; Am. Ord. 1579-2008, passed 3-25-08; Am. Ord. 1593-2009, passed 5-26-09; Am. Ord. 1628-2011, passed 9-27-11; Am. Ord. 1630-2011, passed 10-25-11; Am. Ord. 1659-2013, passed 6-11-13; Am. Ord. 1716- 2016, passed 4-12-16)