§ 51.029 CHARGES FOR TOWN COLLECTION SERVICE.
   (A)   The Board may, by resolution, establish charges for collection service under this section, prescribe the time and manner of payment of such charges and adopt measures designed to enforce the payment thereof such as, in its discretion, are necessary or desirable.
   (B)   Such resolution, when adopted, shall be of the same force and effect as if incorporated in this section.
   (C)   The amount of charges for garbage, rubbish, waste material and ashes collection service shall be assessed on the monthly utility bill. In case such assessment is not paid within a reasonable time specified by ordinance, it may be certified by the Town Clerk to the County Treasurer who shall collect the assessment, together with a 10% penalty for cost of collection, in the same manner as other taxes are collected. The laws of the state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of such assessments.
   (D)   (1)   Ground level; within 20 feet; in containers. The rates for collection and disposal of refuse placed for collection at ground level, not more than 20 feet distant from the side of the street or alley from which collection is made, and in approved refuse containers shall be as follows.
         (a)   Single dwelling units. For single dwelling unit, $17.88 per month, which charge shall be added to the monthly utility bill.
         (b)   Multiple unit dwellings and mobile home parks. For dwellings of two dwelling units or more or mobile home parks of two mobile home spaces or more, $9.01 per occupied dwelling unit or mobile home space per month if collection service is provided at one site at said multiple unit dwelling or mobile home park. The owner of a multiple unit dwelling or such mobile home park shall report said occupancy to the Town Clerk on or before the fifteenth day of each month. Any dwelling unit or mobile home space occupied for ten or more days during a month shall be reported as occupied for that particular month. In the event the owner fails to file said report as herein required, the monthly fee shall be based upon 100% occupancy of the multiple unit dwelling or mobile home park for the month. In the event collection service is provided a multiple unit dwelling or mobile home park at more than one site, the fee shall be the same as that for single dwelling units for each occupied dwelling unit or mobile home space. Said charges shall be added to the monthly water bill. Any mobile home park consisting of only one mobile home space shall be deemed a single dwelling unit for the purposes of this code.
         (c)   Commercial.
            1.   For each business location, other than mobile home parks and multiple unit dwellings, $31.13 per month or $5.47 per each dumpster collected, whichever amount is larger. An additional fee may be imposed by the Town Manager in an amount deemed by the Manager to cover the cost of any extra service rendered because of the lack of the use of a dumpster(s) at the location. The Town Manager’s decision may be appealed to the Board of Trustees. Upon 15 days’ notice, the fee determined by the Town Manager may be modified as circumstances warrant. Said charges shall be added to the monthly utility bill.
            2.   Should the Town Manager determine that a commercial location is not suitable for collection in a dumpster, the Town Manager may identify the location as a special commercial location and allow collection by polycart. For each special commercial location, $31.13 per month or $2.44 per polycart emptied shall be collected, whichever amount is larger.
         (d)   Multiple business buildings. For multiple business buildings, $21.99 per occupied business unit per month if collection service is provided at one site at said multiple business building. The owner of the building shall comply with the reporting requirements provided in division (D)(1)(c)1. above. Said charge shall be added to the monthly utility bill.
         (e)   Self-contained compaction unit (SCU). For locations that use this method of refuse collection, there is a minimum monthly fee, which is a rate equivalent to two lifts per month at the established rate, for the locations that are selected to participate with an SCU collection process. This fee is based upon lifting of a SCU, transportation to and from the landfill, the emptying of the SCU and the return of the SCU. All fees and charges established within this section are subject to division (D)(3) below.
            1.   Town determination of location to use a SCU. The Town Manager shall determine which businesses shall be required to use the SCU method of refuse collection. This determination shall be made according to the volume of generated refuse, the number of pickups required per week and the physical characteristics of the location.
               a.   Appeal. The Town Manager’s decision may be appealed within 30 days to the Board of Trustees at its next available regularly scheduled meeting. The Board shall reach a decision at this meeting and the date of the meeting shall be considered the notification to such location to incorporate the necessary accouterments for such service.
               b.   Business request to use SCU. If a location requests to use the SCU service, they must submit a written and signed statement requesting such desire to the Town Manager. The Town Manager may grant such a request as long as the necessary equipment is available and the town can reasonably accommodate the change.
               c.   Notification. When the determination is reached for a location to use the SCU refuse collection method, such location shall have a minimum of 60 days to initiate plans for the SCU method and implementation shall not exceed 120 days after notification.
            2.   Scheduled lifting fee. For a regularly scheduled weekly, bi-weekly or a mutually agreed upon routine pick up the lifting fee for a SCU with the capacity of 15 cubic yards or less shall be $16.30. The fee for a larger SCU container will be computed by using the above-established rate for a 15-cubic-yard SCU and applying a proportional lift fee for the utilized SCU’s capacity.
            3.   Non-scheduled lifting fee. For a special requested pick-up, there will be an additional fee of $61.14.
         (f)   Roll-off service usage and rates. For locations that use this method of refuse collection there is a minimum fee of $61.14. All fees and charges established within this section are subject to division (D)(3) below.
            1.   Roll-off standard equipment fee. There is hereby established a minimum roll-off equipment fee of $61.14, which provides for the use of any roll-off container that is 15 cubic yards or less for three days. The weekly fee will be $122.27 with a maximum of $305.68 per month for a roll-off container. Any other larger roll-off container capacity will be computed on a proportional basis.
            2.   Roll-off lifting fee. The established lift fee for a roll-off container shall be $12.23 per yard for the full capacity of the container.
      (2)   Other than ground level; more than 20 feet and not in containers.
         (a)   Where the collection of refuse from other than ground level, from more than 20 feet from the side of the street or alley, or not in approved containers, is accepted by the Town Manager, the fee shall be that of division (D)(1) above, plus a fee set by the Town Manager, subject to appeal to the Board of Trustees, which shall be deemed to cover the cost of the extra service rendered.
         (b)   Said charges shall be added to the monthly utility bill.
      (3)   On an annual basis. These rates shall be adjusted by the amount of the previous year’s Denver-Boulder Consumer Price Index with no further action of the Board of Trustees. The annual adjustment will take place in the January billing beginning in 2016.
      (4)   Exemptions. The Board of Trustees of the town has determined that exemptions should be made to the charges set forth in this division (D).
         (a)   The Board of Trustees of the town has determined that due to the level of service to the community combined with the relative low volume of trash produced that church buildings within the town shall be exempt from the charges set forth in this division (D). This exemption does not, however, apply to other church owned properties including parsonages.
         (b)   The Board of Trustees of the town has determined that due to past and present cooperative efforts that the state’s Department of Transportation shall be exempt from the charges set forth in this division (D).
         (c)   In circumstances where the occupant/owner is absent from the premises for an extended period, but water and sewer service must remain active, the refuse charge can be waived at the discretion of the Town Manager.
(Prior Code, § 550.2.5) (Ord. 216, passed 1-7-1972; Ord. 235, passed 8-7-1975; Ord. 282, passed 1-7-1982; Ord. 370, passed 8-5-1993; Ord. 398, passed 6-6-1996; Ord. 435, passed 12-2-1999; Ord. 456, passed 9-7-2000; Ord. 535, passed 12-3-2009; Ord. 548, passed 7-7-2011; Ord. 584, passed 10-1-2015)