[R.O. 2011 §8.12.200; Ord. No. 6733 §1(Exh. A (part)), 2 (Exh. B), 2008; Ord. No. 6753 §1(Exh. A), 2008; Ord. No. 6787 §1, 7-20-2009]
The City Council shall by ordinance from time to time establish and impose fees for the City's solid waste collection services to reimburse the City for the reasonable costs of service delivery and a schedule of such fees shall be maintained on file by the City Clerk. The Director of Finance may assess fees to reimburse the City for the costs of collection and disposal of prohibited solid waste, non-residential solid waste, nuisance abatement or other special services.
[Ord. No. 7013 § 1, 7-25-2016]
All such fees shall be assessed against the owner of the property benefiting from the City's solid waste collection services. While the fees may be paid by others residing at the property, the owner of the property shall be ultimately responsible for assessed fees, and the owner shall have no defense under this Chapter that some other person is responsible for payment of the fees.
The Director of Finance shall be responsible for billing and collecting said fees and shall bill the same on a semi-annual or other basis in such method and manner as the Director of Finance deems most effective. The bill for a newly constructed residence shall be prorated for the first (1st) bill only. The Director of Finance shall enforce this Chapter to the extent provided herein and shall have the authority and responsibility to establish and revise regulations for such purposes.
Any owner receiving collection services from the City shall receive a credit against the fees imposed for each full month of unit vacancy, provided that:
The owner files an application for credit with the Director of Finance no later than forty-five (45) days prior to the end of the current billing period;
The unit has been registered with the City as a vacant property pursuant to Section 240.020 of this code;
The unit was vacant during the current billing period, and the vacancy lasted at least three (3) consecutive months, including any vacancy time that carried over from the previous billing period; and
No solid waste from the unit was collected by the City during the vacancy.
[R.O. 2011 §8.12.210; Ord. No. 6823 §1, 8-9-2010]
If fees remain unpaid thirty (30) days after the beginning of the service period for which the bill is rendered, then such bill shall be delinquent and subject to a penalty of five percent (5%). For each month the bill remains unpaid thereafter, and up to the date of certification of any special tax bill pursuant to Section 230.150, an additional penalty of two and one-half percent (2½%) shall be applied to the accumulating balance of the delinquent bill.
[R.O. 2011 §8.12.220; Ord. No. 6733 §1(Exh. A (part)), 2008]
The Director of Finance is authorized to establish collection policies for delinquent fees, penalties, and interest, including, but not limited to, payment plans and, if approved by the City Council, the waiver of penalties and interest and amnesty programs.
Any owner who disputes the validity or amount of the fees or penalties charged under this Chapter may request in writing a hearing before the Director of Finance not later than ten (10) business days following the date of the notice of delinquency provided for in Section 230.140, which said notice shall also include notice of the right to a hearing. A hearing request shall assert specific grounds for review, and the Director of Finance shall hold a hearing within ten (10) business days following the date of the request. The Director of Finance shall render a decision on the appeal within fifteen (15) business days of the hearing. The Director of Finance's decision shall be in writing and supported by findings establishing the basis for the decision. Any person aggrieved by the final determination of the Director of Finance may file a petition for review pursuant to Chapter 536, RSMo., as amended, in the Circuit Court of the County of St. Louis. Such petition shall be filed within thirty (30) days of the Director of Finance's final determination.
[R.O. 2011 §8.12.230; Ord. No. 6733 §1(Exh. A (part)), 2008]
If a bill becomes delinquent, the Director of Finance shall provide written notice of not less than thirty (30) days to the owner receiving collection services that all such services shall be halted or otherwise denied if the outstanding charges remain unpaid as of a date certain.
If a bill for non-residential collection remains unpaid as of the noticed date, the City shall halt collection services.
If a bill for residential collection remains unpaid as of the noticed date and the collection service is provided by roll-out plastic cart(s), the City shall halt all collection services as of the date noted and shall confiscate any cart or recycling container serving the delinquent account. The Director of Finance shall provide written notice to the owner that collection services have been halted, and such notice shall include notice of the self-disposal policy established in Subsection (E) of this Section.
If a bill for residential collection remains unpaid as of the noticed date and the collection service is provided by a mechanical box-type container, the Director of Finance shall provide written notice that the owner is no longer authorized to dispose of solid waste in said container and that any such use of the container is unlawful, and such notice shall also include notice of the self-disposal policy established in Subsection (E) of this Section. In addition, the City shall halt collection of recyclables and yard waste and shall confiscate any recycling container serving the delinquent account.
Any person(s) who resides at the property whose residential service is halted, whether previously served by cart or by mechanical box-type container, shall be required to transport and self-dispose of accumulated solid waste at least once each week as provided herein.
The person(s) may purchase not more than four (4) plastic solid waste containers, which shall be leak-proof with snug-fitting lids, and which shall contain the solid waste and accompanying odors. The size and type of such containers shall be determined by the Director of Public Works and Parks. Such containers shall be stored as provided in Section 230.080(D). The person shall dispose of the solid waste by hauling it to a licensed landfill duly approved by the Director of Public Works and Parks. The person may also purchase disposal bags from the City, in which case the person shall deliver the collected solid waste to the City's transfer station during normal business hours.
No person(s) whose service has been halted shall contract with a private collector for the disposal of residential solid waste or dispose of such solid waste in any manner other than self-disposal as provided in this Section.
The person(s) who self-disposes of solid waste shall maintain weekly receipts from either the duly approved landfill or the purchase of disposal bags as evidence of self-disposal compliance, and said receipts shall reflect the disposal of a quantity of residential solid waste commensurate with a household of the size listed in the person's corresponding occupancy permit. Any person(s) who fails to display such receipts on request, and any person displaying receipts reflecting a quantity of solid waste less than that associated with a household of the size listed in the person's occupancy permit, shall be presumed to be in violation of the self-disposal policy and shall be subject to prosecution. Persons whose service has been halted shall be subject to audit by the City to ensure compliance with this Section.
Any person whose service has been halted shall self-dispose of yard waste and recyclables as provided by the Director of Public Works and Parks.
Any owner whose service has been halted shall not be entitled to resumption of service until all sums due have been paid. Such person shall also be subject to an administrative fee established by the Director of Finance to recoup the costs of reinstating the service and redelivering the necessary solid waste container(s), which fee shall be paid in advance of service reinstatement.
[R.O. 2011 §8.12.240; Ord. No. 6779 §1, 4-6-2009]
The Director of Finance may certify a special tax bill against the property served if outstanding fees remain delinquent under Section 230.120 for at least ninety (90) days.
The Director of Finance shall prepare and certify the special tax bill against the property. The bill shall identify the City as lien holder, the enabling ordinance, the legal description of the property assessed, the date of delinquency, and the amount of the assessment, including any accrued penalty and a reasonable administrative charge to be determined by the Director of Finance to reimburse the City for costs incurred in computing, making, certifying, and administering the bill. The Director may record the bill with the St. Louis County Recorder of Deeds, in which case the cost of recording shall also be included in the assessment.
The tax bill shall be a first (1st) lien on the property from the date of its issuance until paid. It shall be prima facie evidence of the recitals therein contained and to its validity, and no mere clerical error or informality in the same or in the proceedings leading up to the issuance thereof shall be a defense thereto. Each special tax bill shall bear interest at a rate per annum determined by the Director of Finance, but not to exceed the maximum rate permitted by law.
[R.O. 2011 §8.12.250; Ord. No. 6733 §1(Exh. A (part)), 2008]
If fees remain delinquent sixty (60) days following the certification of a special tax bill, the Director of Finance shall refer the matter to the City Attorney for collection, including, if deemed necessary by the City Attorney, the initiation of foreclosure proceedings. The delinquent party shall be liable to the City for all reasonable costs and attorney fees incurred.