§ 52.06 SERVICE CHARGES; PAYMENT.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   SPECIAL PICK-UP. That trash which is too large, cumbersome or heavy for pick-up on a weekly routine trash pick-up route or trash that is not normal household waste or commercial trash as defined. The customer desiring this service shall contact the sanitation department and arrange a time and date for this special pick-up and the customer will sign a special pick-up work order as provided by the City Sanitation Department. Payment for this pick-up must be made prior to the time of pick-up, and payment shall be made at the Sanitation Department.
   TRASH. All putrescible and nonputrescible solid and semisolid normal household wastes except:
      (1)   Human and animal body wastes, and other liquid and water carried wastes, which are normally disposed of in the sanitary sewer system of the city;
      (2)   Dead animals;
      (3)   Hazardous and/or toxic wastes;
      (4)   Liquids;
      (5)   Contract materials;
      (6)   Automotive or vehicle parts; and
      (7)   Yard waste, including but not limited to grass clippings and leaves.
   WEEKLY TRASH PICK-UP. That trash generated as normal household trash which may be picked up on the weekly routine trash pick-up route. For commercial trash pick-up, weekly trash pick-up is that trash which is generated as normal office waste and that which can be picked up in containers not exceeding 55 gallons in size.
   (B)   Services. The city shall provide trash collection services to each owner, tenant, or occupant of residential property in the city, and to those owners, tenants, or occupants of certain commercial properties in the city to whom municipal trash collection is made available. Such trash collection services shall be provided at least one time per week.
   (C)   Amount and type of trash collected.
      (1)   All trash to be collected must be placed in the pick-up location by 7:00 a.m. on the day of the trash collection.
      (2)   Each owner, tenant, or occupant shall place all trash to be collected in weatherproof containers not to exceed 55 gallons in size.
      (3)   Special instructions for trash collection shall be observed by each owner, tenant, or occupant as follows:
         (a)   Items not in portable weatherproof containers will not be picked up;
         (b)   Tires must be cut in quarters;
         (c)   Trees and limbs must be cut in three-foot lengths;
         (d)   The city does not have the equipment or capacity to pick up dumpsters and therefore no dumpster will be emptied by the city.
   (D)   Rates and charges for weekly trash pick-up or special pick-ups.
      (1)   The trash pick-up fee shall be listed and billed with the water and sewage utility billing.
      (2)   Trash pick-up service charges shall be as follows:
         (a)   Single-family dwellings: $10.00 per month.
         (b)   Multiple-family dwellings or parks with separate water meters for each unit: $10.00 per unit per month.
         (c)   Multiple family dwellings or parks with less than one water meter per unit:
 
1 - 2 units
$10.00 per unit per month
3 - 5 units
$29.00 per month
6 - 10 units
$59.00 per month
11 - 20 units
$117.00 per month
21 - 40 units
$233.00 per month
41 units & over
$349.00 per month
 
billed to the same person, firm or corporation named on the water meter records or listed as owner of the water meter.
         (d)   Commercial, school or church: $10.00 per month.
      (3)   Special pick-up charges:
         (a)   $40 per dump truck load, $20 minimum. Payment must be made prior to the time of pick-up, to be paid at the Sanitation Department;
         (b)   Preparation of trash for hauling will be charged pursuant to rates and charges approved by the City Board of Public Works and Safety.
      (4)   Payment of the trash pick-up service charge may be sought from the owner, occupant or tenant of the premises receiving trash pick-up services. If a tenant or occupant is billed, the owner shall in no way be relieved of liability in the event payment is not made by the tenant or occupant.
      (5)   All sums collected as trash pick-up service charge shall be added to the City General Fund and shall be used for the purchase, maintenance and repair of equipment and services necessary to provide trash collection service herein and for salaries or other expenses related to trash collection services.
   (E)   Enforcement and remedies for non-payment of trash pick-up service charge. Charges for trash collection shall be due and payable on or before the due dates shown on the bill. Any collection charge not paid by the due date shall be considered delinquent and shall be collectible, with any applied penalty, as hereinafter set forth:
      (1)   The city shall have the right to bring a civil action to recover any delinquent charges together with a penalty of 10% and a reasonable attorney’s fee;
      (2)   The city may discontinue service to delinquent accounts. The owner, occupant or tenant shall be responsible for the removal of the trash and failure to keep the premises in a sanitary and clean condition may be enforced by other ordinances and statutes providing penalties for maintaining unsanitary premises or keeping an unreasonable amount of trash on the premises;
      (3)   The city may use all other applicable ordinances of Indiana statutes to collect delinquent fees.
      (4)   Water meter and sewage deposits shall be applied to unpaid trash collection charges for the subject service address as provided for in §§ 50.096 and 51.16.
      (5)   For governmental entities and public school systems, the collection deferred payment or penalty charge shall be assessed only if the payment is not paid within 60 days from the due date thereof.
   (F)   Private collection.
      (1)   Nothing in this section shall be construed so as to prevent a private rubbish hauler from contracting with any residential, commercial, or multiple dwelling unit for trash collection so long as the private trash collection does not constitute a public nuisance.
      (2)   If a owner, tenant or occupant employees alternative private trash collection, the owner, tenant or occupant will be required to show proof of private trash collection. Example: receipt of payment, etc.
   (G)   Once an account of the Street Department (trash collection fees) is turned over to the collection agency, any payment made on that account must be paid to the collection agency. If available, self- addressed envelopes to the collection agency shall be available at the Water Department Office for customers who desire to make payment. The customer is responsible for mailing the payment.
(Ord. 90-27, passed 9-13-90; Am. Ord. 90-39, passed 11-26-90; Am. Ord. 91-24, passed 7-22-91; Am. Res. 92-06, passed 4-13-92; Am. Ord. 95-23, passed 10-9-95; Am. Ord. 97-44, passed 11-24-97; Am. Ord. 08-32, passed 11-24-08; Am. Ord. 13-30, passed 10-17-13)