(a) Billings and penalties. Each Service Recipient in the City shall be billed periodically, and in accordance with the Franchise Agreement, by the Contractor providing service at rates established by the City Council. Should any Service Recipient fail, refuse or neglect to pay any such bill, a late penalty may be added to the bill and the sum, together with any costs incurred by the City or by the Contractor, may be recovered by either the City or the Contractor, as provided by law. The amount of the late penalty will be determined by the City Council and set by resolution.
(b) Billings by Contractor. The City shall not be responsible for the collection of any sums due to the Contractor in providing said service, nor does the City guarantee or warrant payment to the Contractor for said services in any way whatsoever, except the City will assist the Contractor in placing an assessment against the property for the unpaid fees in accordance with the provisions of this Chapter. Advance billing of Service Recipient shall not be permitted more than 60 days in advance of delivery of collection service.
(c) Solid waste collection of delinquent accounts. Should the Service Recipient fail or refuse to pay the fee assessed for the collection of Solid Waste, Organic Waste, and Recyclable Materials according to the provisions stated above, then the Contractor shall notify the City Manager or designee of such refusal. Failure to pay may, except for the provisions hereof, result in the non-collection of Solid Waste, Organic Waste, and Recyclable Materials, which condition the City Council may determine and may declare to be a threat to the public health, safety, and welfare, and which condition may be declared to be, if permitted to exist, a public nuisance. Contractor shall continue to collect Solid Waste, Organic Waste, and Recyclable Materials when directed to do so by the City Manager or designee. In such cases, Contractor may seek reimbursement from the City.
(d) Collect charges. All costs incurred by the City or Contractor shall be charged against the property from which the Solid Waste, Organic Waste, or Recyclable Materials were collected.
(e) Payment under protest. Any Service Recipient who has been billed for service and desires to contest the extent, degree or reasonableness of the charge billed, shall make payment of such charges under protest and, at the same time, file a written statement of such protest with the Contractor, who shall submit a copy of the protest to the City Manager or designee. Within 60 days after the date of filing, the City Manager or designee shall notify the protesting customer of the findings and adjustment in the matter.
(Ord. 1688-NS, eff. December 17, 2021)