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A. Obligation of Disposal. Except as otherwise permitted by this chapter, every generator within the City shall subscribe for solid waste collection services with the authorized collector and shall pay said authorized collector for said collection services at the rates provided therefor. Failure of receipt of a bill does not obviate responsibility for payment. In each instance, the property owner shall be primarily responsible for the payment of the charges provided for herein.

B. Payment by City for Continued Service. If all payments are not made when due for six (6) consecutive months or for any six (6) months in a twelve (12) month period, and after reasonable efforts to collect them have failed, the authorized collector shall so notify the City in writing, showing the total delinquency and a summary of the efforts made to collect. The City shall thereafter notify the owner of the property of the delinquency by first class mail, postage prepaid, and by certified mail with return receipt requested. The notice shall demand that all delinquent payments be paid immediately and provide notice that, if not paid, the City will order the authorized collector to resume regular service, pay the charges therefor, and collect the amount paid from the property owner in any lawful manner, except that the City shall not place a lien upon the real property on which the premises are located.

C. Recovery of City’s Costs of Continuing Service. In the event the City is compelled to proceed pursuant to subsection (B) of this section, a cost charge established by resolution of the City Council will be added for each month or part of a month that collection in this manner is necessary, which charge shall continue until the owner pays all the delinquent charges, plus the costs, and resumes normal garbage collection with payments therefor. The monthly cost charge established by resolution of the City Council shall be retained by the City for the costs of assuring that garbage does not accumulate on the property, to the detriment of the public health, safety, and welfare. Any cost or expense incurred by the City to enforce the provisions of this chapter shall be, and the same is hereby ordered to be, collected in the same manner as set forth above. Property liens shall not be used for recovery of City costs. (Ord. 1056 § 2 (Exh. A), 2022)