(a) All owners of property to be rented or leased for residential purposes shall inform the Town Clerk in writing on or before the I st day of July each year of the manner in which the garbage fees for the property shall be paid for the next twelve (12) month period (July 1 through June 30). There shall be only two (2) lawful options for payment:
(1) The owner of the property shall be responsible for payment of all garbage fees for each and every residential unit on the property; or
(2) The occupants of each and every residential unit on the propetty shall be responsible for payment of all garbage fees. It shall be unlawful to utilize both payment options.
(b) The rates and charges for garbage fees for each and every residential unit shall be billed and paid by the owner of the property containing such residential unit or units unless on or before the 1st day of July:
(1) The owner informs the Town Clerk in writing that the occupants will be responsible for payment of all garbage fees for the next twelve (12) month period (July 1 through June 30); and
(2) Each and every occupant of a residential unit on the property who is responsible for payment of garbage fees files an application with the Town Clerk for garbage services accompanied by an affidavit signed by both the occupant and the owner showing the occupant's status and agreement to pay all garbage fees for the residential unit (for residential units that are vacant as of July 1, said application and affidavit shall be filed within ten (10) days of the unit's occupancy). If such written information, application and affidavit are not filed with the Town Clerk in a timely manner (on or before July 1), the owner of the property shall be deemed the user of all garbage service for each and every residential unit on the property for the next twelve (12) month period (July 1 through June 30) and shall be responsible for paying all garbage fees for the property.
(c) All occupants filing an application and an affidavit in accordance with the preceding subsection must tender a refundable, non-interest bearing deposit of twice (2x) the amount of the monthly rates and charges for such residential unit. The deposit shall be refundable only if all fees are paid in full in a timely manner. If fees are not paid in full in a timely manner, the Town shall be entitled to apply the deposit to any such unpaid fees. Only the remaining balance, if any, of the deposit (after being applied to unpaid fees) shall be refundable.
(d) All owners shall be under a duty to cooperate with the Town in the management and collection of garbage fees from the owners' occupants. If an occupant of a residential unit, who has filed the application and affidavit in accordance with subsection (b) and is responsible for payment of garbage fees, fails to pay, the Town will mail a "Notice of Non-Payment" to both the occupant and owner of said property advising that if full payment is not made within thirty (30) days then garbage service will be terminated. Upon receipt of the Notice of Non-Payment, the owner shall be obligated to immediately contact the occupant and instruct the occupant to make full payment to the Town.
In the event full payment is not made within thirty (30) days of the date of the Notice of Non-Payment, the Town will post a "Notice of Termination" on the front door of the occupant's unit and mail a Notice of Termination to the owner. Garbage service will be terminated five (5) days after the date of said notice unless all fees are paid in full. Upon receipt of the Notice of Termination, the owner shall be obligated to immediately notify the occupant that the occupant is prohibited from using any garbage service associated with the propetty until all fees have been paid in full and service has been reinstated. If the occupant is still residing at his/her residence thirty (30) days after the date of Notice of Termination and has not paid in full the garbage fees in arrears, it shall be a rebuttable presumption that the occupant has been unlawfully using the Town's garbage collection service and that the owner of the residential unit has failed to cooperate with the Town.
(e) All owners of property with residential units and all tenants of residential units shall be eligible for an 8.3% discount off the established monthly garbage fees for the units by paying the total for twelve (12) months garbage service fees in full (less the 8.3% discount) for the property (in case of the owner) or the residential unit (in case of the tenant) on or before July 1. This payment shall be nonrefundable, regardless of the circumstances. The discount described in this section shall not apply to any garbage overage charges provided under Section 951.05(e).
(f) The Town of Star City may pursue any lawful means to collect the unpaid garbage fees. Additionally, any owner or occupant who fails to comply with this section, shall upon conviction) be deemed guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00). (Passed 6-21-16.)