(A) User fees. Except as provided in division (B) below, a monthly user fee as set forth on schedule “A” attached to Ord. 2017-01, shall be charged to each covered residential unit each month for the solid waste collection services provided pursuant to this chapter. The contractor may charge an additional fee for each extra container issued pursuant to § 50.04(C), but such charges shall be made directly to the owner or occupant. The owner and occupant of each covered residential unit shall be jointly and severally liable for the user fee charged by the town. This fee shall be invoiced and collected by the town on a monthly basis. At its option, the town may provide monthly coupons to the covered residential units once a year. The invoice or coupons shall be directed to the owner of each covered residential unit.
(B) Change in the person to receive invoice. If a person who has previously been invoiced for the services provided hereunder to a covered residential unit moves from or sells the unit and should therefore no longer be invoiced, that person shall notify the town in writing. Should the name and/or address of the person to be invoiced change because of a change of ownership of the covered residential unit or for any other reason, the owner of the covered residential unit shall notify the town in writing.
(C) Delinquent invoices. In the event that an invoice from the town to the owner or occupant of a covered residential unit remains unpaid after a period of 15 days from the due date of the invoice, the town may do any or all of the following.
(1) If a garbage collection charge is not paid within the 15-day grace period, the customer will be sent an overdue notice and a one-time 10% administrative charge shall be added onto the amount of the bill.
(2) Should it become necessary for the town to attach a lien on a property pursuant to I.C. 36-9-23 in order to collect unpaid garbage collection fees, the town shall assess a $15 penalty onto the amount of the bill, which shall compensate the town for the administrative costs of preparing and filing the lien. Such penalty will be included on the lien in addition to the recording costs charged to the town by the County Recorder’s office for recording and releasing the lien and any fees or charges assessed by the County Auditor for placing the lien on the tax records for the property.
(3) All unpaid fees imposed by this chapter are subject to the same delinquency fees, penalties, and interest authorized for delinquent (storm) sewer bills and may be collected by any lawful means, including the filing of liens as authorized by I.C. 36-9-23. If a lien is also being filed for an unpaid stormwater user fee, the amount of the stormwater user fee shall be added into the amount of the unpaid garbage collection charge on the lien, and only one $15 penalty shall be assessed.
(4) At its option, the town may bring a civil action, pursuant to I.C. 36-9-30-21, to recover the unpaid garbage collection fee, plus penalties, interest, and the cost of collection, including reasonable attorney fees, in a civil action brought in the name of the town.
(Ord. 2017-01, passed 2-9-2017)