§ 5-1-34. City charge for collection and disposal service; billing.

(a)

From time to time, the city council, by resolution, shall set an annual charge for the collection and disposal of solid waste, ashes, recyclable materials, and yard debris from required user properties on a fiscal year basis, and all required users shall pay the charge so established by council. Any other person receiving collection and disposal service from the city shall pay an annual charge based on the average volume of refuse generated by the person compared with the average volume of refuse generated by a typical single family dwelling in the city.

(b)

The city shall bill required users for the city's collection and disposal service by including the annual charge established by city council pursuant to subsection (a), as well as any penalties and interest assessed pursuant to subsection (e), in the real estate tax bill for required user properties, and the charge shall be paid no later than the time or times by which the real estate tax bill is to be paid. The city shall bill the owners of non-required user properties who receive collection and disposal service from the city for the annual charge established by the director pursuant to subsection (a), as well as any penalties and interest assessed pursuant to subsection (e), at times and pursuant to procedures established by the director, and any such charge shall be paid within 30 days of the date of the city's bill.

(c)

The charges set by council and the director pursuant to this section shall be set so as to recover up to 100 percent of the estimated city cost of providing the collection and disposal service, including the cost of billing and collecting charges and inspecting properties, but no more.

(d)

The owner of any required user property which loses its status as a required user property shall immediately notify the director of this change in property status. The owner of any non-required user property which qualifies as required user property shall immediately notify the director of this change in property status.

(e)

Whenever the payment of a charge imposed pursuant to this section is not made when due, a penalty shall be added to the overdue charge equal to 10 percent of such charge. In addition, interest on the overdue charge and the penalty, calculated at an annual rate of 10 percent, shall commence on the first day following the date the charge was due and shall continue until the overdue charge and the penalty are paid.

(f)

Any payment by a required user on a real estate tax bill for required user property shall, before being applied to real estate taxes, be applied in the following manner and order: (i) to any outstanding overdue charges assessed against the property pursuant to this section; (ii) to any outstanding penalties assessed against the property pursuant to this section; (iii) to any interest that has accrued on overdue charges and penalties assessed against the property pursuant to this section; and (iv) to the current charge assessed against the property pursuant to this section.

(g)

Any required user who has obtained a full or partial exemption from or a deferral of real estate property taxes pursuant to section 3-2-162 of this code shall be granted a full exemption from any charge imposed pursuant to this section. (Ord. No. 2806, 5/14/83, Sec. 2; Ord. No. 3570, 5/11/92, Sec. 4; Ord. No. 3872, 6/15/96, Sec. 1; Ord. No. 4421, 9/20/05, Sec. 1; Ord. No. 4982, 12/12/15, Sec. 1)