§ 52.01. MANDATORY PICK UP OF GARBAGE.

(A) The exclusive trash and garbage hauler within the city limits of the City of Hillview, Kentucky shall be that person, or legal entity awarded the franchise for the term of the franchise as set forth by any ordinance awarding such.

(B) Except as provided in the franchise ordinance, and contract entered into therefrom, it shall be a civil and criminal violation for any other garbage and trash hauler to operate within the city limits of the City of Hillview and each day of operation shall constitute a violation subject to penalties, civil and criminal, as hereinafter set forth.

(C) Each residential property which is occupied by the owner(s) or anyone with the owner's consent, for a total of seven (7) days during any monthly period shall be responsible for and indebted to the franchisee for the established monthly charge as set forth in the franchise agreement.

(D) Each commercial property which is occupied by the owner(s), or anyone with the owner's consent, for a total of seven (7) days during any monthly period shall be responsible for and indebted to the franchisee for the established monthly charge as set forth in the franchise agreement.

(E) The franchisee shall invoice those entities as set forth in divisions (C) and (D) herein and payment shall be due and payable to the franchisee on or before fifteen (15) days from the date of said invoice. If said invoice is not paid within fifteen (15) days, the franchisee may add a ten percent (10%) penalty or a five dollar ($5) handling fee, whichever is greater, to said invoice. Said invoice together with any and all additional fees shall be paid no later than thirty (30) days from the date of the invoice.

(F) In the event an owner, or anyone with the owner's consent, as described herein above shall fail to pay within thirty (30) days from the date of invoicing, such failure shall not relieve the franchisee of its duty to continue collecting the garbage and trash from said property.

(G) (1) If such owner, or anyone with the owner's consent, fails to pay within thirty (30) days from the date of the invoice, the franchisee shall notify the City Clerk in writing of the name and address of such owner, or anyone with the owner's consent, who have failed to pay the invoice. For the first violation the City Clerk shall take a criminal complaint against the owner, and anyone with the owner's consent, failing to pay in the District Court of Bullitt County. The penalty for the first violation shall be two dollars ($2) per day from the date of invoice, plus all additional penalties fees until paid, plus all applicable court costs.

(2) For the second violation, the penalty shall be five dollars ($5) per day from the date of invoice, plus all additional penalty fees until paid together with all applicable court costs.

(3) For the third and subsequent offenses the penalty shall be ten dollars ($10) per day from the date of invoice plus all additional penalties fees until paid, plus all applicable court costs.

(4) In addition to the criminal violation penalties provided for hereinabove, the city shall also have a civil claim against the owner(s) and anyone with the owner's consent, for the amount due plus penalty fees and including court costs, and attorney's fees in collecting the total amount due.

(5) The franchisee shall, with the first billing send notice of the penalties, both civil and criminal, which are applicable to the invoice to each of the owner(s), or anyone with the owner's consent, set forth hereinabove and shall annually notify all owner(s), or anyone with the owner's consent, of the penalties provided. Further, the franchisee shall provide a copy or notice of such penalties to all new subscribers within the City of Hillview, as they become property residents.

(H) Nothing contained herein shall prohibit an owner from requiring a tenant to pay or reimburse the owner for payment as provided for herein. Nevertheless, should such tenant or others fail to pay any invoice it shall be the responsible of the property owner of the residential or commercial real estate to make such payment and it shall be the owner who shall be liable for the penalties provided for herein.

(I) Any garbage and/or trash hauler who violates division (B) hereof shall be guilty of a violation and subject to a fine of two hundred fifty dollars ($250) per day. Each day shall constitute a separate offense.

(Ord. 2003-24A, passed 11-17-03; Am. Ord. 2003-24A, passed 4-19-10)