ARTICLE III. SOLID WASTE DISPOSAL SYSTEM FEE

94-51 A fee(s), for municipal solid waste collection.

In addition to any property tax millages used to fund, in part, the costs of the administration of solid waste services in the City, a fee(s) for municipal solid waste collection, disposal and disposition shall be charged to those owners of property from which refuse is generated and who use the City provided refuse collection services under the terms of this article (“Solid Waste Disposal System Fee”). Any owner who has opted out of the City service as provided in this chapter shall not be required to pay as provided for in this section.

(Ord. No. 2231, 10-19-11; Ord. No. 2294, § 1(A), 7-4-13)

94-52 Rate for solid waste disposal system fee.

Rate for the solid waste disposal System Fee, including late fees, to be charged for the Solid Waste Disposal System shall be established periodically by resolution of the City Council, which charges may be enacted apart from the published ordinance. The Solid Waste Disposal System Fee shall be in such an amount as the City Council deems necessary and sufficient to pay for the following items: expenses or administration and operation and expenses to keep the Solid Waste Disposal System in good working order; interest and principal on any bonds issued for the Solid Waste Disposal System; to create a reserve for the administration or operation of the Solid Waste Disposal System; and for other expenditures and funds for the Solid Waste Disposal System as may be required.

(Ord. No. 2231, 10-19-11)

94-53 Late fee for failure to make timely payment of charges for pickup.

The City may charge a late fee to owners of the premises or real estate served by the Solid Waste Disposal System for failure of an owner to make timely payment of charges for the pickup, disposal or other disposition of municipal Solid Waste and use of the Solid Waste Disposal System.

(Ord. No. 2231, 10-19-11)

94-54 Solid waste disposal system fee; charged when.

The solid waste disposal system fee shall be charged against each residential unit or apartment of less than four units generating refuse and using the solid waste collection services supplied by the City and the solid waste disposal system fee shall be paid to the City by the owners thereof.

(Ord. No. 2231, 10-19-11; Ord. No. 2294, § 1(A), 7-4-13)

94-55 Fiscal budget.

The fiscal budget adopted by the City Council shall provide for the solid waste disposal system fee. The solid waste disposal system fee shall be certified to the Assessor and assessed against the premises generating refuse and who use the solid waste collection services provided by the City and it shall be collected or returned in the same manner as the municipal taxes are certified, assessed, collected and returned. The fee is to be an annual fee for the fiscal year to be assessed against the applicable premises on either the July or December tax rolls. Notwithstanding the timing of the assessment, the premises shall be responsible for covering the cost of the service already received during the fiscal year.

(Ord. No. 2231, 10-19-11; Ord. No. 2294, § 1(A), 7-4-13)

94-56 Changes to solid waste disposal system fee.

City may by resolution make changes to the solid waste disposal system fee.

The City Council may by resolution make changes to the Solid Waste Disposal System Fee as conditions may require.

(Ord. No. 2231, 10-19-11)

94-57 No free service.

No free service shall be allowed for any user of the Solid Waste Disposal System.

(Ord. No. 2231, 10-19-11)

94-58 Late payment; disconnection.

If payment for charges for pickup is not made within ninety (90) days of the due date, notice that service may be discontinued will be sent.

If payment for charges for the pickup, disposal or other disposition of Solid Waste and use of the Solid Waste Disposal System is not made within ninety (90) days of the due date specified on the bill, a notice shall be sent by first class mail that the service may be discontinued. The City may discontinue municipal Solid Waste collection service from the premises or real estate against which the lien created by this article has accrued if a person fails to pay the Solid Waste Disposal System Fee and any late fees or the City may institute a civil action for the collection of the Solid Waste Disposal System Fee and any late fees against the owner of the premises or real estate. The City’s attempt to collect the Solid Waste Disposal System Fee and any late fees by civil process shall not invalidate or waive the lien upon the premises or real estate.

(Ord. No. 2231, 10-19-11)

94-59 Payment security; lien.

The City shall have, as security for payment of the solid waste disposal system fee, for any charges to any customer, a lien upon the premises or real estate generating refuse and who use the services of the solid waste disposal system supplied by the City. The lien shall become effective immediately upon billing for the service to the premises or real estate. The lien may be enforced by the general laws of the State of Michigan providing for the enforcement of tax liens. The lien created by this article shall have priority over all other liens except for taxed and special assessments and shall have equal priority with other liens imposed for City supplied municipal services.

(Ord. No. 2231, 10-19-11; Ord. No. 2294, § 1(A), 7-4-13)

94-60 Fees not charged when.

No fee shall be charged which is determined by the number of containers or quantity of municipal solid waste to be picked up except where such fee was established before November 1, 2011, or where such fee has been approved by a majority of the voters.

Notwithstanding any other provision of this chapter, no fee shall be charged for the pickup, disposal or other disposition of municipal solid waste which is determined by the number of containers or quantity of municipal solid waste to be picked up, disposed of or marshaled for disposition, except where such fee was established before November 1, 2011, or where such fee has been approved by a majority of the voters at a general or special election in the City. This subsection shall restrict the method of charging and collecting fees but shall not limit the power of the City Council to determine the amount of such fees.

(Ord. No. 2231, 10-19-11)

94-61—94-64 Reserved.

Editor’s note—Ord. No. 2294, § 1(B), adopted July 4, 2013, repealed §§ 94-61—94-64, which pertained to solid waste and derived from Ord. No. 2231, passed October 19, 2011.