(A) There is hereby imposed on each owner, tenant or occupant of residential or commercial property in the town, to whom municipal refuse and garbage collection is made available by the town directly, or through any person, firm or corporation with which the town may contract for the furnishing of such service, a service charge for the collection and removal of refuse and garbage according to the schedule set forth in division (B).
(B) Schedule of rates.
(1) For a one-family dwelling or churches, $13 per month.
(2) For a multi-family or apartment dwelling, $13 per dwelling unit per month, is the base charge which may be varied according to number of pickups per week. However, if the town bills the apartment as a whole and not individually, there is a 20% discount from what the charge would be if each apartment unit were billed individually.
(3) For mobile home or trailer court, $13 per dwelling unit per month. However, if the town bills the court as a whole and not individually, there is a 20% discount from the charge if each separate dwelling unit were billed.
(4) For commercial establishments, with a 2 cubic yard container or less, $32.50 per container per pickup, per week.
(5) For commercial establishments, with a 3 cubic yard container, $45.50 per container per pickup, per week.
(C) Service charges as specified above shall be added to the utility bill charges and shall be payable as are bills for water, sanitation service and electricity. Such charges may be waived, on a case-by-case consideration, by the Town Council.
(D) The refuse and garbage service shall not include picking up any of the following:
(1) Trash, refuse and garbage brought in from outside the corporate limits of the Town of Paoli.
(2) Hazardous chemicals, as defined by I.C. 13-11-2-94; hazardous household products as defined by I.C. 13-11-2-95; hazardous material, as defined by I.C. 13-11-2-96; hazardous substances, as defined by I.C. 13-11-2-98; or, hazardous waste, as defined by I.C. 13-11-2-99.
(3) Any items not either bagged in plastic bags or in containers approved by the Town of Paoli.
(4) Any garbage not drained of free liquid or wrapped in several thicknesses of paper.
(5) Hot ashes.
(6) Any liquids.
(7) Tree limbs.
(8) Any broken concrete, asphalt, building materials or earth.
(9) Hot water heaters, auto parts, furniture or any other extraordinary items.
(10) Wood manufacturing products.
(E) In the event any recipient of municipal refuse and garbage collection service is not a recipient of municipal water service or electric service and does not therefore receive a utility bill, said recipient will be billed directly for said service and said bill will be payable on the same basis as are bills for municipal water and electricity service.
(F) Failure to pay service charges for refuse and garbage collection and/or violation of this chapter shall be grounds for discontinuance of refuse and garbage collection service, and, in addition, the town may pursue any one of the following remedies:
(1) If said service charge or any part thereof shall not be paid within 30 days after the payment is due, the amount thereof, together with a penalty of 10% and a reasonable attorneys’ fee, may be recovered by the town in a civil action in the name of the town, and provided in I.C. 36-9-30-21.
(2) If any service charge remains unpaid for a period of six months, said charges may be certified to the Auditor of Orange County for placement upon the tax duplicate by the Auditor and collection as taxes are collected, as provided by Indiana Code.
(G) Revenue from service charge collections will be deposited in a separate fund. Only payments of costs incident to the service will be made from this fund. Any surplus accumulating in this fund will be retained to apply to any increases in the cost of providing the service, or to permit reduction in service charges, by action of the Town Council when feasible.
(H) No garbage container (other than 2 and 3 cubic yard containers) shall weigh more than 20 pounds empty.
(I) The town may direct location of containers and bags for pickup.
(J) The town has the right to require a customer to provide a 2 or 3 cubic yard container in order for the customer to have his or her trash taken by the town.
(K) Customers must keep containers in good condition for the town to pick up trash from the customer.
(L) A violation of this chapter is a Class B infraction.
(Ord. 1989-4, passed 10-2-89; Am. Ord. 1998-6, passed 7-15-98; Am. Ord. 2007-02, passed 6-5-07; Am. Ord. 2012-04, passed 2-21-12)