§ 11-6.15. Management and Collection of Garbage Service Charges by City-Licensed Garbage Companies.

Only Sections 11-6.11 and 11-6.12, above, and this section of Chapter 6, shall apply to garbage collectors.

(a)

The City may contract with any collector to provide garbage invoice services for compensation, but the City shall not use its police powers or other authority to assist any collector with bill collection.

(b)

Service recipients ("customers") shall ultimately be responsible for garbage service charges, deposits, penalty charges, and associated administrative charges, if any, for services to their premises. The following billing/collection procedures shall apply:

(1)

Billing for all garbage services including services for prorated (less than one (1) month) periods, shall be monthly or bimonthly, and upon completion of the first month's garbage service in the event billing is bimonthly. Licensees shall give thirty (30) days' written notice to customers, and sixty (60) days' written notice to the City of Modesto prior to changing their billing cycle from monthly to bimonthly or from bimonthly to monthly.

(2)

Each collector may collect a deposit equivalent to two (2) months' service charge from a service recipient prior to directing its billing to them. The collector shall credit the account of any customer in the full amount of the deposit, in the event the customer shall not have been issued more than two (2) notices as provided in subsection (b)(3) of this section, within eighteen (18) months of initiation of service.

(3)

In the event a customer fails to pay a collector's bill, tendered in accordance with the foregoing, within thirty (30) days after that bill is mailed to them, the collector shall be obligated to do the following:

(i)

Mail notice of the delinquency to the customer, which notice will include an administrative charge, sufficient to defray the cost of the notice to the collector, as established from time to time by the City Council. The notice shall include a statement that the delinquent sum is immediately due and is subject to a penalty fee if there are unpaid charges still owed to collector sixty (60) days after the original billing date. The notice shall also state that collector may discontinue service if there are unpaid charges still owed sixty (60) days after the original billing date.

(ii)

Collector is not required to continue to provide service to any customer whose service has been discontinued due to nonpayment.

(iii)

Collector is not required to start or restart service to any customer whose service has been discontinued due to nonpayment until such time as all previous charges, penalty fees, administrative charges and appropriate deposit are paid or other arrangements have been agreed to between the collector and the customer.

(Amended by Ord. 3370-C.S., § 2, effective 12-23-04)

(Amended by Ord. 3499-C.S., § 1, effective 2-14-09)