The Village Board of Trustees shall establish, by resolution, sanitation user fees for the collection and disposal of garbage and, at the discretion of the Village Board of Trustees, for recycling. The purpose of such sanitation user fees shall be to pay for all labor costs, landfill tipping fees, materials, equipment, maintenance costs, and administrative, legal and all other expenses incurred by the Village in handling the collection and disposal of such items.
In the event that any parcel of property contains more than one structure or use for which there is a separate sanitation user fee, the owner of such parcel of property shall be responsible to pay the total of all such sanitation user fees referable to each and every structure or use on the parcel of property for which a separate sanitation fee has been prescribed by the Board of Trustees.
The sanitation user fee may be changed, amended and/or modified by the Board of Trustees by resolution, at such times as the Board of Trustees deems appropriate.
Sanitation user fees shall, subject to change by the Board of Trustees, be billed and charged on a yearly basis, with the bills to be issued at the same time as the Village tax bill is rendered and issued. The Board of Trustees may change the frequency and timing of the billing by resolution.
Bills for the sanitation user fee shall be payable in the face amount without penalty within 30 days following the billing date that is indicated upon the bill mailed to the property owner.
Penalties shall accrue upon sanitation user fees as follows: There shall be charged a penalty on past-due sanitation user fees at the rate of 10% following the 30 days from the date of billing and at the rate of an additional 2% per month for each additional 30 days or part thereof of delinquency.
Such unpaid sanitation user fees, together with the amount of penalties herein prescribed and due by reason of nonpayment of such sanitation user fees, shall be a lien on the real property upon which or in connection with which the sanitation is used, and if not paid by April 30 of the fiscal year in which accrued, the amount thereof, together with the penalties herein prescribed, shall be included in the next annual tax levy and shall be levied upon the real property.
A. 
In the event that, subsequent to the issuance of a bill for a sanitation user fee, any parcel of real property which is lawfully using bags or receptacles for the disposal of garbage disposes of, per pickup (calculated based upon the amount disposed of per pickup over the course of any one calendar month, as determined by the Village's Sanitation Department), an amount of garbage to be picked up by the Village which would require the use of a container (dumpster) pursuant to this chapter, or which is using a container (dumpster) disposes of, per pickup (calculated based upon the amount disposed of per pickup over the course of any one calendar month, as determined by the Village's Sanitation Department), an amount of garbage to be picked up by the Village such that bags or receptacles may lawfully be used as authorized by this chapter, such parcel of real property shall be surcharged [if a container (dumpster) is then required] or credited (if bags or receptacles are being used) a pro rata amount of the applicable sanitation user fee for such property (based upon such change in the amount of garbage so disposed of) on the next bill for a sanitation user fee issued for the property, based upon the date that the Village Treasurer receives a report from the Village's Sanitation Department confirming either that a container (dumpster) or bags or receptacles are required or permitted, whichever is applicable, as herein provided.
B. 
It shall be the responsibility of the property owner to notify the Village Treasurer in writing, by certified mail, return receipt requested, of a claimed change in the amount of garbage being deposited which requires a change in the sanitation user fee for the property. Upon receipt of such written notice, the Village Treasurer shall promptly notify the Village Sanitation Department of the foregoing claimed by the property owner, which shall report back to the Village Treasurer within 10 days after the expiration of one calendar month after its receipt of such notice by the Village's Sanitation Department. If the Village's Sanitation Department confirms that there has been an increase or decrease in the disposal of garbage being picked up, the Village Treasurer shall surcharge or credit the next bill for a sanitation user fee for the subject real property, whichever is applicable, on the next bill, pro rata from the date of receipt by the Village Treasurer of the report by the Village's Sanitation Department. If the Village's Sanitation Department fails to report within the aforementioned time period, it shall be deemed to have confirmed the increase or decrease as noticed by the property owner and the Village Treasurer shall surcharge or credit the next bill for a sanitation user fee for the subject real property, whichever is applicable, as of the date which is 10 days after the expiration of one calendar month after the Village Treasurer gave notice to the Village's Sanitation Department, as hereinabove provided.
C. 
Nothing in this chapter shall prevent the Village's Sanitation Department, on its own, from reporting to the Village Treasurer of a change in the amount of garbage being picked up by the Village's Sanitation Department, per pickup, which requires the use of a container (dumpster), as set forth in § 35-2E of this chapter, upon which the Village Treasurer shall surcharge the next sanitation user fee bill pro rata based upon the date of the receipt by the Village Treasurer of such report from the Village's Sanitation Department.