A. Universal Service: The contract carrier shall, under written agreement with the city, provide for collection and disposal of solid waste for all customers in the city. All single-family residences, multi-family residences, and commercial premises customers shall be entitled to utilize the solid waste collection services of the contract carrier, subject to the contract carrier services obligations set forth in the above described written agreement.
B. Mandatory Garbage Collection: Garbage collection service is mandatory for all occupied single-family residences, multi- family residences, and commercial premises customers. Each customer shall be required to maintain the minimum service level with the contract carrier. Failure by a customer to initiate, upon occupancy, or otherwise maintain minimum service levels for garbage collection service shall constitute a class 4 civil infraction for each collection period for which minimum service levels are not maintained and shall be punishable by a maximum fine of up to twenty five dollars ($25.00) for each violation.
C. Compulsory; Payment In Advance: The charges for garbage collection and disposal shall be compulsory for all customers and shall be applied whether or not the collection service is utilized. The solid waste collection charges shall be payable in advance and billed by the contract carrier to the customer.
D. Wilful Failure: Wilful failure by a customer to initiate or maintain minimum service levels for garbage collection service shall constitute a class 1 civil infraction for each collection period for which minimum service levels are not maintained and shall be punishable by a maximum fine of up to two hundred fifty dollars ($250.00) for each violation.
Wilful failure shall include, but is not limited to, a failure by a customer to promptly initiate or to thereafter maintain minimum service levels for garbage collection service upon notice being given to the customer by the city, the contract carrier, or a person authorized to enforce this chapter, of the compulsory garbage collection service requirement under this chapter. "Promptly" shall mean within the time period set forth in the notice, and if not set forth in the notice, within thirty (30) days following receipt of the notice. Notice shall be given in writing, and shall be deemed to be given when delivered by personal service upon the customer, by posting notice in a conspicuous place upon the premises, by mailing using certified or registered mail, or three (3) days following deposit in the United States mail in a properly addressed envelope with postage prepaid.
E. Failure To Timely Pay: Failure by a customer to timely pay amounts due and owing for solid waste collection services shall constitute a class 4 civil infraction and shall be punishable by a maximum fine of up to twenty five dollars ($25.00) for each violation. For purposes of this section, a payment shall not be considered timely if it is not received within thirty (30) days following the due date. A payment is considered to be received on the earlier of three (3) days following deposit in the United States mail in a properly addressed envelope with postage prepaid, placement in a contract carrier authorized receptacle for the payment of charges/fees, or actual receipt by the contract carrier.
F. Owners: A tenant and the owner of the property occupied by the tenant may sign a city tenant release form for solid waste service. Pursuant to such agreement, the tenant shall then be responsible for and pay directly to contract carrier all amounts due and owing for solid waste collection services at the property occupied by tenant. Owners are responsible for payment if the tenant does not pay.
G. Rates Designated By Council: All rates and fees to be charged by the contract carrier for its solid waste collection services shall be fixed by contract, and shall be included in and be a part of any agreements or contracts between the city and the contract carrier.
H. Other Remedies: The penalties provided for herein shall be in addition to and shall not supersede or affect the remedies that the city may have pursuant to this code or at law, in contract, or in equity, and shall not supersede or affect the remedies the contract carrier may have at law, in contract, or in equity for late payment and collection of debt. (Ord. 915B, 11-30-2011)