(a) All garbage, rubbish and refuse accumulated in the Municipality by occupants of one-family, two-family and attached one-family dwellings, as defined in Section 1223.03 of the City's Planning and Zoning Code, shall be accumulated by the occupants and collected by the authorized collection entity holding a contract with the City, and the City is authorized to charge, or cause to be charged, a fee to the owners of the single-family, two-family and attached one- family dwellings for such collection and for the disposal and/or recycling of such garbage, rubbish, and refuse.
(1) Direct Billing for Collection Fee. The collection fee, provided for in subsection (a) above, may be invoiced to the owners of the residential dwellings. If the owner of the residential dwelling fails to make payment of any fee charged for garbage, rubbish and refuse collection within sixty (60) days of the date of an invoice to the owner for such fee:
A. The Director of Finance shall report to the City Council the failure by the owner to make payment and the amount owed; and
B. Upon its receipt of the report of the amount owed in subpart (A) above, the Council shall make written return to the Fiscal Officer of Cuyahoga County of the City's action to collect the owner's past due payment for garbage, rubbish, and refuse collection with a statement of the amount owed for said service, plus a fifty dollar ($50.00) administrative fee, and a description of the premises of the owner for which the service was rendered for the purpose of making the same a lien upon the lands of said premises and to be collected as other taxes and returned to the General Fund of the City.
(Ord. 66-2012. Passed 9-11-12.)
(2) Collection, Disposal and/or Recycling Fees Placed on Tax Duplicate. Notwithstanding the provisions of subsection (1) above, the City shall be authorized to certify any collection, disposal and/or recycling fees provided for in subsection (a), regardless of amount commencing with such fees to be incurred by the City on and after January 1, 2013, to the Fiscal Officer of Cuyahoga County to be placed on the tax duplicate for each single-family, two-family and attached one-family dwelling in the City for the purpose of making the same a lien upon the lands of said premises and to be collected as other taxes and returned to the General Fund of the City. The Director of Finance shall, no later than the date required by the County Fiscal Officer for receipt of certification of assessments each year, advise Council of the next year's estimated costs for collection, disposal and/or recycling and the projected assessment for each premises. In calculating said costs, the Director of Finance may factor in the delinquency percentage experienced by the County Fiscal Officer in the prior tax collection cycle. A listing of all parcels and collection, disposal and/or recycling fees shall be certified to the County Fiscal Officer in time for such fees to be added to the tax duplicate and collected in the next tax collection cycle.
(Ord. 86-2019. Passed 9-10-19.)
(b) Notwithstanding the other provisions of this section, the City has in the past and may continue to place a condition upon the approval of certain residential housing developments to the effect that the City shall not be responsible for the collection and disposal of garbage, rubbish and refuse from the dwellings in such developments, and the cost thereof, and may require such developments to include such a provision in the covenants, restrictions, rules and/or regulations of governing the development.
(c) All other garbage, rubbish and refuse accumulated at properties with other than single-family, two- family or attached one-family dwellings including, but not limited to, those residences subject to subsection (b) hereof, commercial, industrial, institutional, and other business establishments, and apartment buildings, shall legally and appropriately dispose of their own garbage, rubbish and refuse at their own expense.
(d) The method of accumulation, keeping and disposition of garbage, rubbish and refuse shall be in accordance with the terms and provisions of this chapter regardless of how the costs of disposition of the same are paid.
(Ord. 66-2012. Passed 9-11-12.)