§ 91.06  FEES FOR TRASH COLLECTION AND RECYCLING FOR RESIDENTIAL CUSTOMERS WITHIN THE CITY.
   (A)   For purposes of this section, the term "ELIGIBLE RESIDENTIAL DWELLING UNIT" means a structure located within the city which includes a room or series of rooms located within a building or mobile home and forming a single habitable unit with facilities, which are used, or are intended to be used for living, cooking, eating and sleeping, and are either:
      (1)   A single-family residential dwelling unit, defined as a residential dwelling unit separated from any other dwelling unit by open space, and designed for occupancy for one person or family;
      (2)   A multi-family residential dwelling unit, defined as a building or related group of buildings not to exceed four units located on the same lot, tract, or parcel of real estate, with each dwelling unit being independent of the other; or
      (3)   A condominium, defined as any multi-family residential unit where the owner pays separately assessed property taxes.
   (B)   Beginning September 1, 2020 until September 1, 2024, there is hereby imposed a monthly trash collection fee per Eligible Residential Dwelling Unit in the amount of $13.85.
   (C)   After the above dates, the monthly trash collection costs shall be re-established by an amendment to this section.
   (D)   (1)   Any owner-occupant of an eligible residential dwelling unit who has filed, and been granted one of the following deductions from real property taxes and may request a credit against the fee imposed by this section:
         (a)   A claim for an over age 65 deduction for property taxes pursuant to I.C. 6-1.1-12-9, or I.C. 6-1.1-20.6-8.5;
         (b)   A claim for a blind or disabled deduction for Property taxes under I.C. 6-1.1-12-11; or
         (c)   A claim for a disabled veteran or surviving spouse deduction for property taxes pursuant to I.C. 6-1.1-12-13;
         (d)   Any owner-occupant eligible for any of the above credits is eligible for a 50% per month credit from the fees approved in division (D) of this section. A residential parcel may receive only one credit even though the owner-occupant may be eligible under more than one statute.
      (2)   Any request for a credit under this section shall be made to the City Wastewater Department by the person eligible for the credit. The credit shall be granted by the Wastewater Department if the owner-occupant of the Single Family Residential Dwelling has been granted a credit described in division (D)(1)(a) through (c) of this section.
      (3)   The property owner shall not be eligible for the credit until the first billing cycle after the request for the credit to the Wastewater Department. No credits will apply retroactively before the first month after the request by the owner-occupant.
      (4)   The Common Council shall annually appropriate into the Trash Collection Fund an amount equal to the total amount of the credits ("the Credit Amount") granted by this division.
   (E)   Any owner-occupant of an eligible residential dwelling unit who meets the criteria established in this subsection is eligible for special circumstances economic hardship credit ("hardship credit") from the fee established in division (B) of this section. Owner-occupants of eligible residential dwelling unit may apply for this credit beginning on September 1, 2020. This division shall expire on December 31, 2021.
      (1)   The hardship credit may be initially granted during a public health emergency or during a year in which a public health emergency has been declared.
      (2)   To be granted a hardship credit, an owner-occupant of an eligible residential dwelling unit must provide documentation to the Wastewater Department that shows proof that the owner-occupant has filed for any of the following, and must affirm under penalties of perjury that the filing related to economic conditions caused in part by the public health emergency:
         (a)   Unemployment with the state Department of Workforce Development;
         (b)   Hardship accommodation with the Indiana Department of Revenue;
         (c)   Financial assistance with the township trustee; or
         (d)   Energy assistance through the Low Income Home Energy Assistance Program.
      (3)   Owner-occupants satisfying the requirements of this subsection will receive a 50% per month hardship credit, for a period of up to six (6) months. All hardship credits under this division will expire on December 31, 2021.
      (4)   Credits provided under this subsection may be granted up to a maximum amount of $115,345.
      (5)   The Common Council shall annually appropriate into the Trash Collection Fund an amount equal to the total amount of the credits ("the Credit Amount") granted by this subsection.
   (G)   The fees payable under this section for any eligible residential dwelling unit shall be billed to the person or entity which receives the wastewater bill for the service to the eligible residential dwelling unit. If the monthly wastewater bill is for service to more than one (1) eligible residential dwelling unit, the monthly fee shall equal the number of eligible residential dwelling units included in the wastewater bill, times the monthly fee established by this section.
   (H)   The owner of any parcel of real estate containing an eligible residential dwelling unit which does not receive wastewater services from the city, but receives trash collection services from the city, shall be billed a monthly trash fee pursuant to this section, and any unpaid fees for the trash collection service shall be subject to the same remedies against the owner of the real estate, or recipient of the bill, which are included in subsection (J) of this section.
   (I)   The rate imposed by this section shall be in addition to the rates charged by the city to operate its municipal sewage works pursuant to I.C. 36-9-23-1 et seq., and any Ordinance establishing rates for the collection and treatment of wastewater by the city's wastewater utility.
   (J)   All unpaid fees imposed by this Ordinance are subject to the same delinquency fees, penalties, and interest authorized for delinquent sewer bills and may be collected by any lawful means including the filing of liens as authorized by I.C. 36-9-23.
   (K)   The City Controller shall cause the monthly charges collected pursuant to this section to be paid into a segregated fund (the Trash Collection Fund). The Trash Collection Fund shall be separated from the balance of the revenues of the Wastewater Utility, and to be used solely for the purpose of paying the city's trash collection cost.
(Ord. 01-01-16, passed 1-26-16; Am. Ord. 01-01-16A, passed 4-26-16; Am. Ord. 18-07-20, passed 7-28-20; Am. Ord. 15-03-21, passed 3-9-21)