(A) For the purpose of properly collecting and disposing of all garbage and trash referred to in this chapter, the city creates its Sanitation Department with the authority for collecting and disposing of the same. The city's Street Superintendent is to direct and supervise the collection of such garbage and trash. The Street Superintendent shall perform the collection of and disposing of garbage and trash, under the supervision of the Mayor of the city and the Board of Public Works and Safety.
(B) All responsibilities for the collection and disposal of solid waste of the city shall be carried out by the City Sanitation Utility/Department, commonly referred to as the Sanitation Department.
(C) (1) A solid waste collection and disposal user fee is hereby established for all customers and property owners who have the services set forth in this chapter available to them. The user fee shall be considered an amendment to the schedule of rates and charges to be collected by the city from owners of each property served by the Sewage Works of the city, and have solid waste collection service available to them. Said rates and charges collected shall be from the owners of each and every lot, parcel of real estate, or building that is entitled to receive solid waste disposal services pursuant to this chapter. The rates and charges shall be as follows:
(2) Each unit shall be required to pay a sum per month based on the size of the container the unit received pursuant to the following schedule:
Receptacle Size | Until December 31, 2014 | January 1, 2015 to December 31, 2015 | January 1, 2016 to December 31, 2016 | January 1, 2017 and onward |
96 gallon | $10.25 | $10.75 | $11.25 | $11.75 |
64 gallon | $8.20 | $8.70 | $9.20 | $9.70 |
48 gallon | $7.25 | $7.75 | $8.25 | $8.75 |
Additional 96 gallon | $5.00 | $5.50 | $6.00 | $6.50 |
(D) There shall be a minimum fee for each unit within the city of $7.25 per month, until December 31, 2014. From January 1, 2015 to December 31, 2015, there shall be a minimum fee of $7.75 per month. From January 1, 2016 to December 31, 2016, there shall be a minimum fee of $8.25 per month. From January 1, 2017, onward, there shall be a minimum fee of $8.75 per month.
(E) If a disposal unit or dumpster has been delivered to a property owner by the city, that property owner shall be deemed to be in possession of that disposal unit or dumpster and charged accordingly.
(F) In the event the city has developed contracts with third parties or non-residential patrons pursuant to this chapter, the city shall assess those third parties or non-residential patrons a user fee equivalent to those fees set out hereinabove.
(G) The user fee and rate schedule hereby established shall be added as an additional billing line to the monthly utility statement prepared by the city and mailed to its sanitation utility customers.
(H) In the event a property owner defaults and fails to pay the user fee set forth hereinabove, the city shall impose a 10% late charge for payments not made by the due date. All delinquent charges, fees, and penalties shall become a lien on the real estate of the owner every 90 days for any accounts that are 30 days or more delinquent. The Clerk-Treasurer may certify the delinquent charges, fees, and penalties to the real estate of the owner. A service fee may also be assessed on the entire amount due at the time the lien is filed. All delinquent charges, assessments, and penalties shall be payable with attorney fees and cost of collection and shall be payable without relief from valuation and appraisement laws.
(I) (1) All money collected pursuant to this section shall be deposited in a cumulative non-reverting sanitation fund, which is hereby created. The proceeds of this fund shall be used for the following purposes only:
(a) The operation of the solid waste collection service provided by the Sanitation Department. This includes but is not limited to the payment of salaries, payment of insurance, payment of other benefits, purchase of fuel, purchase of supplies, payment of dumping fees, maintenance of vehicles, utilities, and other customary and normal costs incurred in operating a curbside solid waste collection system as established by this chapter.
(b) The purchase or lease purchase of capital equipment items including but not limited to trucks and equipment utilized for the collection of trash, rubbish, and debris, solid waste or yard waste, and other similar items.
(c) Costs incurred in administration of the solid waste collection system, including, but not limited to, collection of fees, billing costs, and clerical costs all associated with the solid waste collection program.
(d) Costs associated with curbside recycling programs and public education regarding recycling and solid waste reduction.
(2) It is the intent of the City Council that this fund be used solely for the operation of solid waste collection and solid waste recycling. These funds shall not be used for other utility purposes unless specifically approved by ordinance of this Council.
(J) The fees established by division (C)(1) of this section shall be reviewed annually by this Council, and the first such review shall take place during the first quarter of calendar year 2012, and a like review shall occur in the first quarter of every year thereafter.
(K) The Board of Public Works and Safety is hereby granted authority to request proposals from third-party contractors for the provisions of services to be rendered pursuant to this chapter.
(L) In no event shall a contract be entered into between the city and a third-party provider for the services outlined in this chapter without prior approval by this Council.
(M) (1) Payments for utility services shall be applied in the following manner:
(a) First, to any delinquency owed on prior months' bills.
(b) Second, to the current solid waste collection fee.
(c) Third, to the current sewer billing.
(2) Solid waste collection services shall not be terminated by the city provided payment of fees and charges for those services are kept current. This does not limit the ability of the city to seek collection and payment for utility services including solid waste collection services with the remedies provided it by this section, law, and in equity.
(Ord. 2011-3, passed 4-4-11; Am. Ord. 2014-3, passed 7-21-14)