§ 36-9-31-8 — Fees for waste collection and disposal

(a) The board may establish fees for waste
collection and disposal. The board shall establish fees for waste
disposal when necessary to pay principal or interest on any bonds
issued under section 10 of this chapter. Fees established under this
subsection shall apply to all persons owning real property benefited by
waste collection, a facility for waste disposal, or both. The board may
change and readjust fees from time to time.
(b) The board may fix the fees for waste collection on the basis of
a schedule of charges for each classification of residence or building in
use in the solid waste collection service district, and may fix the fees
for waste disposal on the basis of a schedule of charges for each
classification of residence or building in use in the waste disposal
district. These classifications of residences and buildings shall be based
on:
(1) weight or volume of the refuse received;
(2) the average number of containers or bags of refuse received;
(3) the relative difficulty associated with the disposal of the waste
received; or
(4) any combination of these criteria or any other criteria the
board determines to be logically related to the service.
(c) The collection of the fees authorized by this section may be
effectuated through a periodic billing system or through a charge
appearing on the semiannual property tax statement of the affected
property owner.
(d) If the fees are not paid when due (by the affected property
owner), a lien is created upon the property benefited by the collection
and disposal of waste. When the property is sold at a tax sale under the
procedures provided by statute, the amount of the purchase price
attributable to the waste charge lien reverts to the consolidated city.
(e) The board may exercise reasonable discretion in adopting
differing schedules of fees, based upon variations in the cost of
furnishing the services included within this chapter to various classes
of owners of property, the distance of the property benefited from the
facility, or any other variations the board determines to be logically
related to the cost of the service.
(f) Fees shall be established only after a public hearing before the
board at which all persons using facilities or owning property benefited
by waste collection and disposal, and others interested, have had
opportunity to be heard by the board concerning the proposed fees.
After adoption of the resolution fixing fees and before the resolution
takes effect, public notice of the hearing, setting forth the schedule of
fees, shall be given. The hearing may be adjourned from time to time.
After the hearing, the resolution establishing fees, either as originally
passed or as amended, shall be passed and put into effect. A copy of the
schedule of fees so established shall be kept on file in the office of the
board and shall be kept open to inspection by all persons interested.
The fees established shall be extended to cover any additional territory
later served that falls within the same class, without the necessity of
any hearing or notice. Any change or readjustment of fees may be made
in the same manner as they were originally established.
(g) An action to contest the validity of the fees adopted or the
procedure by which they were adopted must be brought within thirty
(30) days following the adoption of the fees.
(h) Fees imposed under this chapter may be used, together with any
other revenues, to pay the cost of facilities for waste disposal, waste
collection, the operation and maintenance of facilities, cost incurred
under put or pay contracts, charges that may be pledged to the payment
of principal of and interest on waste disposal district or revenue bonds,
or amounts required by put or pay contracts.
(i) Before any fee established by the board for waste collection or
disposal may take effect, the city-county legislative body must by
ordinance approve, reject, or modify the fee.
As added by Acts 1982, P.L.77, SEC.27. Amended by
P.L.38-1984, SEC.7.