§ 8.32.030. Use of disposal service mandatory—Collection of charges.

A.

The city has determined that periodic collection and disposal of solid waste from all developed properties in the city benefits all occupants of developed properties in the city.

B.

The city will provide solid waste collection and disposal service through its franchisee, and all developed properties in the city must use the city's solid waste collection and disposal service except that there may be joint or multiple use of solid waste containers, subject to conditions established by the city.

C.

The city or the franchisee shall collect all fees for solid waste collection and disposal, as specified in the franchise agreement.

D.

The owner of developed property shall be responsible and liable for paying the solid waste collection and disposal fees for that property, although the city or franchisee will bill an occupant of such property if requested by the owner.

E.

The failure of any occupant or owner to promptly remit the fee for solid waste collection and disposal when due and payable shall entitle the city or franchisee to collect a late fee from that owner or occupant. The amount of the late fee shall be established by the city council.

F.

Pursuant to applicable Government and Health and Safety Codes, and upon the direction of the city council, any debt and all penalties arising hereunder may be collected and annually transferred to the county auditor for inclusion on the next year's tax bill of the respective property owner. An action in the name of the city may be commenced in any court of competent jurisdiction for the amount of any delinquent fees or charges and if legal action is brought by the city or its designee to enforce the collection of any amount charged and due under this section, any judgment rendered in favor of the city shall include costs of suit incurred by the city or its designee including a reasonable attorney's fee if allowable by statute.

(Prior code § 6-4.03)