WHEREAS, the Town of Churubusco, Indiana, by and through its Town Council has heretofore adopted Ordinance No. 442 which Ordinance established procedures and user fees for the collection of solid waste within the Town of Churubusco;
WHEREAS, Indiana Code 36-9-30 provides that a Town Council may, by Ordinance establish just and equitable charges for the service rendered for the collection and disposal of solid waste;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Churubusco, Whitley County, Indiana as follows:
SECTION I.
A. The Town Council shall have the authority to contract with a private contractor for the collection of solid waste within the Town of Churubusco pursuant to Indiana Code 36-9-30-8.
B. CHARGE, ESTABLISHMENT AND COLLECTION POWER: The Town Council is authorized and empowered to determine and fix fair and reasonable user charges to be made against every owner, occupant or lessee of property, and to establish a method for assessment and collection of such user changes.
C. CHARGE; BILLING: Each responsible owner, occupant or lessee of such property shall pay to the Town of Churubusco monthly Solid Waste user fees as follows:
| 1. | The solid waste user fee shall be $7.50 effective August 1, 2013; |
| 2. | The solid waste user fee shall be $8.00 effective August 1, 2015; |
| 3. | The solid waste user fee shall be $8.50 effective August 1, 2017: |
| 4 | The above monthly solid waste user fee shall include two (2) curbside clean- ups and a one (1) week period each year when Christmas Trees will be collected and removed. |
| 5. | Included in the above charges is an administrative fee to be used for billing & postal expenses and other activities necessary for the administration of solid waste collection. |
D. Solid waste collection bills shall be added to the monthly water and sewer bills and are payable therewith.
E. LIABILITY FOR PAYMENT: The user charges imposed under this section shall be billed to the person who is billed for water and sewer service, unless by contract with the Town another person assumes liability for payment. If an occupant, leasee or other non-owner is billed. the owner shall remain liable for the charges if payment is not made by the occupant, leasee or other non-owner when the charge is due as required in this Ordinance. Such owner shall have the right to examine the Town’s collection records to ascertain whether such charges have been paid.
F. DELINQUENT ACCOUNTS: Fees levied pursuant to this section shall be due and payable on or before the due dates shown on the sewer and water bill. Any fee not paid by the due date (approximately twenty (20) days after the bill is rendered) shall be considered delinquent. A delinquent fee, together with any applicable interest, shall be collectable as set forth in this section. Any delinquent or unpaid rates and charges may be assessed a 10% penalty and collected according to the pertinent provisions of the Statutes of Indiana, as amended.
1. COLLECTION THROUGH TAX DUPLICATE: as provided by the Statutes of the State of Indiana, delinquent fees may be made a lien against the property served through certification through the Auditor and the Recorder of Whitley County, Indiana.
2. In addition to the forgoing remedies, the Town shall have the right to bring a civil action to recover any delinquent fees together with interest and reasonable attorney’s fees. The Town shall also have the right, as provided by the Statutes of the State of Indiana, to foreclose any lien established under the provisions of this section with recovery of the charge, interest, and reasonable attorney’s fees.
SECTION II: REVENUES
A. SEPARATE SOLID WASTE FUND: Commencing August1, 2013, the revenues collected by the Town from the monthly solid waste user fees shall be deposited in a separate, non- reverting perpetual fund. This fund shall be established for the purpose of accounting and of paying the direct and incidental costs of collecting and disposing of solid waste. When necessary, the Town Council may approve additional operating transfers into or from this fund.
B. EFFECTIVE DATE: This Ordinance shall be in full force and effect as of August 1, 2013, upon hearing according to law and passage by the Town Council. The user fees established herein shall remain in effect until amended or changed by the Town Council of the Town of Churubusco. This Ordinance shall amend or revoke any provision of previously adopted Ordinances in conflict herewith.
PASSED AND ADOPTED by the Town Council of the Town of Churubusco, Whitley County, State of Indiana this 3rd day of July, 2013.
