§ 50.06  COLLECTION CHARGES.
   (A)   Charges.
      (1)   All residences, residential rental units and other similar residential living units shall pay a garbage collection fee to be set by the City Council from time to time per unit per month, payable monthly in advance.
      (2)   Licensed bed and breakfast units shall pay an amount equal to two times the regular residential unit fee and shall be allowed twice the amount of containers as authorized for regular residential units.
      (3)   Owners of real estate shall be jointly and severally liable for all garbage collection fees of tenants residing in rental units of such owner.
      (4)   Each occupied rental unit shall be charged a separate residential unit garbage collection fee per month.
         (a)   Prior to September 1, 2009, each such residential unit shall be allowed two 30-gallon containers for delivery of garbage and refuse to the collector per week for the above garbage collection fee.
         (b)   Beginning on September 1, 2009, each such residential unit shall be allowed one 45-gallon container for delivery of garbage and refuse to the collector per week for the above garbage collection fee.
      (5)   All additional 45-gallon containers or other similar containers having a total weight not exceeding 40 pounds, shall have attached to them, in and at a location easily visible to the collector, a tag provided by the collector and available at City Hall and other locations as the city may determine. Such tags may be purchased at a rate to be set from time to time by the City Council. Each tag purchased shall permit an additional container not exceeding 45 gallons or an additional 40-pound bag per pick-up. Not more than two tags may be used per pick-up date. As an alternative to purchasing a tag, a resident may pay a fee to be set by the city from time to time by ordinance or resolution for weekly pick-up of one additional garbage container not exceeding 45 gallons or 40 pounds.
   (B)   Residential rental units or unoccupied residences.
      (1)   All owners of residential rental units shall notify city staff when a unit is rented and when a unit is vacant. Failure to so notify city staff when a unit is occupied shall cause the owner to be required to pay all garbage collection fees from the time the unit is rented. When a rental unit becomes unoccupied and is not immediately rented to another tenant, the owner of a rental unit shall be required to pay the monthly garbage collection fee. When a rental unit has been unoccupied for not less than two consecutive complete months, the owner may request discontinuation of garbage collection fees from the time of application until the unit is again occupied or water use at the unit exceeds 1,000 gallons, whichever occurs first. Once the unit is occupied or water usage exceeds 1,000 gallons in such residence, garbage collection fees shall be reinstated in full.
      (2)   Any owner who intends to leave and not occupy their primary residence for a period of not less than two consecutive months, or any owner no longer occupying but actively attempting to sell what was their primary residence, may request discontinuation of garbage collection fees for the period of the absence or until the property is sold. Garbage collection fees shall only be discontinued for those months where there is no occupancy for the entire month and when the owner notifies the city prior to the absence. Garbage collection fees shall not be reinstated until such time as said residence is again occupied or water use at the residence exceeds 1,000 gallons, whichever occurs first.
   (C)   When due and payable. All bills for service shall be rendered as of the first day of the monthly period for which the service is billed and shall be payable not later than the close of business on the fifteenth day from the date of the bill.
   (D)   Monthly penalty charge. If payment of the full amount of the bills is not made within said period, then a penalty charge of 10% of the portion of the bill not timely paid shall be added thereto on a monthly basis until paid in full.
   (E)   Lien. In the event that such charges are not paid within 30 days after rendition of the bill for such service, such charges shall be deemed and hereby are declared to be delinquent and, thereafter, such delinquencies shall constitute liens upon the real estate upon or for which service is supplied. The city shall send to the owner or owners of record of the real estate, as referenced by the taxpayer’s identification number, (i) a copy of each delinquency notice sent to the person who is delinquent in paying the charges or rates or other notice sufficient to inform the owner or owners of record, as referenced by the taxpayer’s identification number, that the charges or rates have become delinquent and (ii) a notice that unpaid charges or rates may create a lien on the real estate under this section. Such lien shall be subject to the rights of any purchaser, mortgagee, judgment creditor, or other lien holder arising prior to the filing of the notice of such a lien in the office of the recorder of deeds of Jo Daviess County. This notice shall consist of a sworn statement setting out (1) a description of such real estate sufficient for the identification thereof, (2) the amount of money due for such service, and (3) the date when such amount became delinquent. The City Clerk shall send a copy of the notice of the lien to the owner or owners of record of the real estate, as referenced by the taxpayer’s identification number by registered mail, return receipt requested. The city may foreclose this lien in the same manner and with the same effect as in the foreclosure of mortgages on real estate. The city may, from time to time, sue the owner of record or occupant or user of the real estate in a civil action to recover the money due for services rendered, plus a reasonable attorney’s fee, to be fixed by the court. Whenever a judgment is entered in such a civil action the foregoing provisions in this section with respect to filing sworn statements of such delinquencies in the office of the recorder and creating a lien against the real estate shall not be effective thereafter as to charges sued upon and no lien shall exist thereafter against the real estate for the delinquency. Judgment in such a civil action operates as a release and waiver of the lien for the amount of the judgment.
(Ord. O-09-21, passed 9-14-09)