§ 8.08.180. Compensation.

A.

Franchisee Rate. On or before May 1, 2007, the franchisee shall provide the services described in this chapter and the franchise agreement in accordance with Exhibit "F" of the franchise agreement.

B.

Modifications and Adjustments. The rates set forth in Exhibit "F" shall remain in effect until adjusted by the town based on Exhibit "E" of the franchise agreement.

C.

All other terms and conditions of rates shall be as set forth in the franchise agreement.

D.

All billing for services provided shall be made by the franchisee; and all charges shall become delinquent sixty days after billing date.

E.

If the bill remains unpaid after the date of delinquency, the franchisee shall be entitled to a delinquency fee; and may discontinue service to the property after a thirty day written notice. However, said delinquency fee shall not be assessed until fifteen days after notification of the delinquency to the property owner and recipient of service. The form and content of the delinquency notice sent by the franchisee shall be approved by the town manager. Franchisee shall simultaneously file with the town manager a formal written notice stating the assessor's parcel number of the parcel to which service was rendered, that such delinquency notice has been sent to such recipient and property owner and the date and address to which notice was sent. Delinquency fees shall be set by the franchise agreement.

F.

Should the bill remain unpaid at the expiration of the sixty (60) days, the franchisee may assign said bill to the town for lien proceedings.

G.

Upon the town's receipt of the assignment from the franchisee and at the convenience of the town (i.e. once per year during the month of May); the town manager shall initiate proceedings complying with Government Code sections 38790.1 and 25831 to create a lien on the real property to which the waste collection has been rendered.

H.

The lien shall be officially recorded in the Butte County recorder's office. The lien may carry such additional administrative charges as set forth by the resolution of the town council. The owner shall be notified by the town finance department that the delinquency charges and administrative charges are due the town and that said lien has been recorded.

(Ord. No. 471, §§ 2, 3, 11-13-2007; Ord. No. 459, §§ 1, 2, 3-27-2007; Ord. No. 446, §§ 1, 2, 2-28-06; Ord. 265, § 5, 1995; Ord. 257, § 2(part), 1995)