(A) Signed Application Required. Solid waste services may be furnished only after a signed application or agreement and payment of the applicable deposits are accepted by the city. The conditions of such application or agreement are binding upon the customer as well as upon the city. A copy of the application or agreement for solid waste service accepted by the city will be furnished to the applicant on request. The applicant shall furnish the correct name and street address or lot and block number at which solid waste services are to be rendered. Applications or agreements and the applicable deposits shall not be required for customers of the city’s exclusive franchise collector of solid waste as of September 30, 2010, provided that said customer is not more than ninety (90) days delinquent in payment for those solid waste services.
(B) Withholding Service. The city may withhold or discontinue solid waste services rendered under application made by any member or agent of a household, organization, or business unless all prior indebtedness to the city of that member or agent for solid waste service has been settled in full in accordance with city policy. Service may also be discontinued for any violation made by the customer of any rule or regulation set forth in this chapter.
(C) Continuity of Service. The city will at all times use reasonable diligence to provide continuous solid waste services and, having used reasonable diligence, shall not be liable to the customer for failure or interruption of continuous solid waste services. The city shall not be liable for any act or omission caused directly or indirectly by strikes, labor trouble, accidents, litigation, breakdowns, shutdowns for emergency repairs or adjustments, acts of sabotage, enemies of the United States, wars, United States, State, municipal or other governmental interferences, acts of God or other causes beyond its control.
(D) Protection of City’s Property. The customer shall exercise reasonable diligence to protect the city’s property on the customer’s premises and shall knowingly permit no one, but the city’s agent or persons authorized by law, to have access to the city’s refuse containers. In the event of any loss or damage to property of the city caused by or arising out of carelessness, neglect, or misuse by the customer, the cost of making good such loss or repairing such damage shall be paid by the customer.
(E) Access To Premises. The duly authorized agents of the city shall have access at all reasonable hours to the premises of the customer for the purpose of collecting or servicing the city’s refuse containers, or removing the city’s refuse containers under or termination of the city’s agreement with the customer and under such performance shall not be liable for trespass.
(F) Billing Periods. Bills for solid waste services will be rendered monthly, or as otherwise stated, in the rate schedule and shall become due when rendered and be considered as received by the customer when mailed or provided to the solid waste service address or some other place mutually agreed upon. Non-receipt of bills by the customer shall not release or diminish the obligation of the customer with respect to payment thereof.
(G) Delinquent Bills. Bills are due when rendered and become delinquent if not paid within fifteen (15) days after the bill has been mailed or provided to the customer for payment. Solid waste services may not be discontinued until ten (10) working days after a written notice of the delinquency in payment has been mailed or presented to the customer. Solid waste services shall be restored only after the city has received payment for all past-due bills and charges from the customer. There shall be no liability of any kind against the city for the discontinuance of solid waste services to a customer for that customer’s failure to pay the bills on time. Partial payment of a bill of the solid waste services rendered will not be accepted by the city, except by the city’s agreement thereof.
(H) Payment of Solid Waste Service Bills Concurrently. When solid waste services are provided by the city, payment of any solid waste service bill rendered by the city to a customer shall not be accepted by the city without the simultaneous or concurrent payment of any other water, wastewater or stormwater bill rendered by the city. The city may discontinue solid waste service to the customer’s premises for non-payment of any other water, wastewater or stormwater bill or if payment is not made concurrently. The city shall not reestablish solid waste service until such time as all solid waste, water, wastewater or stormwater service bills and all charges are paid.
(I) Tax Clause. Any tax which may be levied upon the city shall not be incorporated into the rate for solid waste service but shall be shown as a separate item on the city’s bills to its customers receiving such service.
(J) Change of Occupancy. When a change of occupancy takes place on any premises supplied by the city with solid waste service, written notice thereof shall be given at the office of the city not less than three (3) days prior to the date of change by the outgoing customer. The outgoing customer shall be held responsible for all solid waste services rendered on such premises until such written notice is so received by the city and the city has had reasonable time to discontinue the solid waste services. However, if such written notice has been received, the application of such a succeeding occupant for solid waste services will automatically terminate the prior account. The customer’s deposit may be transferred from one service location to another, if both locations are supplied solid waste services by the city. The customer’s deposit may be transferred from one name to another as long as the customer makes a written request.
(K) Adjustment of Bills. When a customer has been overcharged or undercharged as a result of incorrect application or the rate schedule or other similar reasons, the amount may be credited or billed to the customer in accordance with the policies of the city.
(L) Suspension of Service. A customer who will be away from the serviced property for more than two months may request a suspension of service and billing. This request shall be made in writing and shall be made in advance of the time period for which the suspension is being requested. A reactivation fee shall be set at the prevailing rate established pursuant to resolution.
(M) Joint Billing. The monthly charges to any premises for solid waste services shall be billed monthly on a single bill or statement where the city has deemed this arrangement as beneficial to the customers.
(N) Provisions of Chapter Cumulative. The provisions of this chapter shall be supplemental to all ordinances of the city, and the provisions of this chapter shall be cumulative to all other remedies provided by law or ordinance for the collection of unpaid solid waste bills.
(Ord. 2010-20, passed 7-15-10; Am. Ord. 2014-38, passed 8-21-14)