KRS § 109.310 — KY Code / Title IX / Chapter 109 / Section 109.310
109.310 Collection of solid waste pick-up fees -- Combination with property tax bill -- Notice -- Waiver if owner of property is not the occupant -- Assessment of fines or fees
Status: in_force

109.310 Collection of solid waste pick-up fees -- Combination with property

tax bill -- Notice -- Waiver if owner of property is not the occupant --

Assessment of fines or fees.

(1) A county or urban-county government may collect solid waste pick-up fees

which are delinquent three (3) consecutive months or more by combining the

delinquent fees with the property tax bill for the property where the solid waste

pick-up is made. The fees shall be limited to a return on capital expenditures

and to cover operational costs.

(2) The pick-up fee when combined with the property tax bill shall be clearly set

out as the delinquent amount owed for solid waste pick-up services and shall in

no way be represented as an assessment based on the value of the property.

(3) Sixty (60) days before a property tax bill which includes a delinquent solid

waste pick-up fee is mailed, the county office responsible for solid waste

pick-up billing shall give written notice to the owner of the property that the

pick-up bill is delinquent and that, if left unpaid, the fee will be combined with

the next property tax bill.

(4) A county or urban-county government may waive the solid waste pick-up fee

for businesses which request a waiver. The request for a waiver shall include a

certification that the solid waste generated by the business is disposed of

properly and include a description of the disposal method and the property

owner's federal employer's identification number.

(5) If the owner of the property is not the occupant of the property where the solid

waste is picked up, the county or urban-county government shall waive the

delinquent solid waste pick-up fee portion of the property tax bill if the owner of

the property requests a waiver. In requesting the waiver, the owner shall certify

he is not the occupant of the property and that the occupant will be notified that

failure of the occupant to pay the solid waste pick-up fee will be considered a

breach of the occupant's lease making the occupant subject to eviction.

(6) (a) Notwithstanding the provisions of subsections (1) to (5) of this section, or

any other provision of law to the contrary, no fine or fee shall be assessed

on a residential property owner or lien placed on the residential property,

relating to the failure of an occupant of the residential property to enter

into a contract for solid waste collection services, or failure to pay solid

waste pick-up fees if:

1. The residential property owner does not occupy the residential

property; and

2. There is no valid agreement for the residential property owner to

pay for or otherwise provide for solid waste collection services on

behalf of the occupant.

(b) A fine or fee may be assessed against the occupant of the residential

property or a lien may be placed on the property of the occupant when the

occupant has failed to enter into a contract for solid waste collection

services, or has failed to pay solid waste pick-up fees.