§ 23-82. Collection of waste materials assessments.

(a)

Method of Collection. The Waste Materials Assessments shall be collected pursuant to the uniform method provided in the Uniform Assessment Collection Act. The Board shall comply with all applicable provisions of the Uniform Assessment Collection Act. Any hearing or notice required by this division may be combined with any other hearing or notice required by the Uniform Assessment Collection Act. The amount of a Waste Materials Assessment to be collected using the Uniform Assessment Collection Act for any specific parcel of benefitted property may include an amount equivalent to the payment delinquency, delinquency fees and recording costs for a prior year's Waste Materials Assessment provided that: (1) the collection method used in connection with the prior year's Waste Materials Assessment did not employ the use of the Uniform Assessment Collection Act, (2) notice is provided to the owner, and (3) any lien on the affected parcel for the prior year's Waste Materials Assessment is supplanted by and transferred to such Waste Materials Assessment upon certification of a non-ad valorem roll to the tax collector by the County.

(b)

Alternative method of Collection. In lieu of utilizing the Uniform Assessment Collection Act, the County may elect to collect the Waste Materials Assessments in accordance with this subsection.

(1)

The Board shall provide Waste Materials Assessment bills by first class mail to the owner of each affect parcel of property, other than Government Property. The bill or accompanying explanatory material shall include: (1) a brief explanation of the Waste Materials Assessment, (2) a description of the unit of measurement used to determine the amount of the Waste Materials Assessment, (3) the number of units contained within the parcel, (4) the total amount of the Waste Materials Assessment imposed against the parcel, (5) the location at which payment will be accepted, (6) the date on which the Waste Materials Assessment is due, and (7) a statement that the Waste Materials Assessment constitutes a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other special assessments.

(2)

A general notice of the lien resulting from imposition of the Waste Materials Assessment shall be recorded in the official records of the County. Nothing herein shall be construed to require that individual liens or releases be filed in the official records.

(3)

The County shall have the right to appoint or retain an agent to foreclose and collect all delinquent Waste Materials Assessments in the manner provided by law for the foreclosure of mortgages on real property. Delinquent Waste Materials Assessments shall be subject to interest at the rate established annually by the Board. A Waste Materials Assessment shall become delinquent if it is not paid within thirty (30) days from the date any installment is due. The County or its agent shall cause notice to be sent to any property owner who is delinquent in payment of his or her Waste Materials Assessment installment within sixty (60) days from the date such installment was due. Such notice shall state in effect that the County or its agent shall either (1) cause an amount equivalent to the delinquent Waste Materials Assessment, not previously subject to collection using the uniform method under the Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year or (2) initiate a foreclosure action within ninety (90) days of the date of the installment due date if it is not paid. Between the seventy-fifth and ninetieth day after the due date of the delinquent installment, the County or its agent may declare the entire unpaid balance of the delinquent Waste Materials Assessment to be in default and cause such delinquent property to be foreclosed in the method now or hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as provided by law. Commencing on the ninetieth day after the due date of the delinquent installment, the County or its agent shall declare the entire unpaid balance of the Waste Materials Assessment to be in default and cause the delinquent property to be foreclosed as described above. Any Board action required in the Collection of Waste Materials Assessments may be by resolution. All costs, fees and expenses, including reasonable attorney fees, related to any foreclosure action as described herein shall be included in any judgment or degree rendered therein. At the sale pursuant to decree in any such action, the County may be the purchaser to the same extent as an individual Person or corporation.

(4)

The County may join in one action the Collection of Waste Materials Assessments against any or all property assessed in accordance with the provisions hereof. All delinquent property owners whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the County and its agents, including reasonable attorney fees, in collection of such delinquent Waste Materials Assessments and any other costs incurred by the County as a result of such delinquent Waste Materials Assessments including, but not limited to, costs paid for draws on a credit facility and the same shall be collectible as a part of or in addition to, the costs of the action.

(5)

Notwithstanding the County's use of an alternative method of collection, the County Manager shall have the same power and authority to correct errors and omissions as provided herein.

(c)

Responsibility for enforcement. It shall be the duty of the County and its agent, if any, to enforce the prompt Collection of Waste Materials Assessments by the means herein provided. The duties related to Collection of Waste Materials Assessments may be enforced at the suit of any holder of obligations secured by such Waste Materials Assessments in a court of competent jurisdiction by mandamus or other appropriate proceedings or action.

(Ord. No. 2014-21, § 2, 5-6-14)