(A) All responsibilities for the collection and disposal of solid waste of the city shall be carried out by the city Sewage Works Department, commonly referred to as the Water Pollution Control Department of the city.
(B) The term customer or user in this section shall be defined as the property owner of real estate that is entitled to receive solid waste collection by the utility pursuant to § 95.29.
(C) A solid waste collection and disposal user fee is hereby established for all property owners who have the services set forth in § 95.29 available to them. Said user fee shall be considered an amendment to the schedule of rates and charges to be collected by the city from owners of property served by the Sewage Works of the city who have available to them the service of solid waste collection. Said rates and charges collected shall be from the owners of each and every lot, parcel of real estate, or building that is entitled to receive solid waste disposal services pursuant to § 95.29. Such rates and charges shall be as follows:
(1) Charge for all property owners who reside within the city limits and are entitled to receive solid waste collection services pursuant to § 95.29: $12.00 per month.
(2) Charge for all recipients of the city solid waste disposal service possessing a two cubic yard dumpster: $40.00 per month.
(D) If a toter or dumpster has been delivered to a property owner by the city, that property owner shall be deemed to be in possession of that toter or dumpster and charged accordingly.
(E) In the event the City has developed contracts with third parties pursuant to § 95.29, the city must assess those third parties a user fee equivalent to those fees set out hereinabove.
(F) The user fee and rate schedule hereby established shall be added as an additional billing line to the monthly utility statement prepared by the city and mailed to its utility customers.
(G) In the event a property owner defaults and fails to pay the user fee set forth hereinabove, the city may collect such fees and recover all costs of collection, including reasonable attorney fees, and may further seek to have a lien placed upon the real estate which has benefitted by the city’s solid waste disposal service in the same manner as other sewage works liens are statutorily imposed upon real property.
(H) (1) All money collected pursuant to this section shall be deposited in a cumulative non-reverting sanitation fund, which is hereby created. The proceeds of said fund shall be used for the following purposes only:
(a) The operation of the solid waste collection service provided by the Sewage Works Department. This includes but is not limited to the payment of salaries, payment of insurance, payment of other benefits, purchase of fuel, purchase of supplies, payment of dumping fees, maintenance of vehicles, utilities, and other customary and normal costs incurred in operating a curbside solid waste collection system as established by this chapter and § 95.29.
(b) The purchase or lease purchase of capital equipment items including but not limited to trucks utilized for the collection of solid waste, trucks and equipment utilized for the collection of leaves, and trucks and equipment utilized for the collection of heavy trash, brush, and similar items.
(c) Costs incurred in administration of the solid waste collection system, costs incurred in collection of fees, billing costs, and clerical costs all associated with the solid waste collection program.
(d) Costs associated with curbside recycling programs and public education regarding recycling and solid waste reduction.
(2) It is the intent of the City Council that this fund be used solely for the operation of solid waste collection and solid waste recycling. These funds shall not be used for other utility purposes unless specifically approved by ordinance of this Council.
(I) The fees established by subdivision (C)(1) of this section shall be reviewed annually by this Council, and the first such review shall take place during the first quarter of calendar year 2011, and a like review shall occur in the first quarter of every year thereafter.
(J) The Board of Public Works and Safety is hereby granted authority to request proposals from third-party contractors for the provisions of services to be rendered pursuant to § 95.29.
(K) In no event shall a contract be entered into between the city and a third-party provider for the services outlined in § 95.29 absent prior approval by resolution of this Council.
(L) (1) Payments for utility services shall be applied in the following manner:
(a) First, to any delinquency owed on prior month’s bills.
(b) Second, to the current water billing.
(c) Third, to the current sewer billing.
(d) Fourth, to the current storm water billing.
(e) Fifth, to the current solid waste collection fee.
(2) Water and sewer services shall not be terminated by the city provided payment of fees and charges for those services are kept current. This does not limit the ability of the city to seek collection and payment for utility services including solid waste collection services with the remedies provided it by this section, law, and in equity.
(M) Upon written request by a customer to discontinue trash service, the city shall suspend billing for that service to the customer, provided that the customer also must discontinue or terminate water service to the property for the same length of time. The property owner shall not resume water service without also resuming trash service. The written notice referred to herein must be provided to the city utility billing office not less than 14 days prior to the commencement of the billing suspension. In order to suspend billing and trash collection, the city must receive at least 14 days notice of the customer’s intention in this regard.
(Ord. 3598, passed 6-7-10)