081-26 - MEDARYVILLE TOWN COUNCIL ORDINANCE NO. 2026-04-01
MEDARYVILLE TOWN COUNCIL
ORDINANCE NO. 2026-04-01
ESTABLISHING THE MONTHLY SERVICE CHARGE FOR
COLLECTION & REMOVAL OF GARBAGE
WHEREAS, prior to 2026, there exist numerous Ordinances in the Town of Medaryville addressing the issue of establishing the monthly service charge for collection and removal of garbage in the Town; and
WHEREAS, the need exists to enact this Ordinance, which will supersede or replace the prior Ordinances; and
WHEREAS, the Town Council for the Town of Medaryville reasonably believes it is in the best interest of the Town and residents hereinto to now adopt this Ordinance establishing the monthly service charge for collection and removal of garbage.
NOW, THEREFORE, BE IT ORDAINED by the Medaryville Town Council for Medaryville, Indiana as follows:
1. Services Generally.
a. The collection and removal of garbage within the Town shall be administered, operated, conducted, and maintained by the Town, by and through the Town Council. The Town shall have the right to appoint or contract with one or more persons, exclusively or concurrently, to collect and dispose of garbage.
b. No person or entity shall collect, remove, dispose, or otherwise deal with the collection and removal of garbage within the Town unless expressly authorized to do so by the Town.
c. The Town shall have the power to promulgate and formulate rules and regulations relative to the collection and disposition of garbage. It is a violation of this Ordinance for any person or entity to fail to comply with such rules and regulations.
2. Monthly Service Charge. There is hereby imposed on each owner of real property in the Town for every occupant or tenant to whom municipal garbage collection is made available by the Town directly, or through any person, firm or corporation with whom the Town may contract for the garbage collection and removal services, a monthly service charge. The monthly service charge shall be set as follows:
a. 2024: $15.69 per unit
b. 2025: $16.32 per unit
c. 2026: $16.97 per unit
d. 2027 and thereafter: The monthly service charge shall be set forth in the garbage collection and removal contract approved by the Town for the year 2027 and every year thereafter.
3. Billing and Payment. The monthly service charge shall be added to the user’s water charges and shall be payable as are bills for water service. If any recipient of municipal garbage collection service is not also a recipient of municipal water services and does not therefore receive a water bill, the recipient shall be billed directly for the garbage service and the bill will be payable on the same basis as are bills for municipal water service.
4. Roll Away Waste Cart.
a. Payment of the monthly service charges, as specified above, shall entitle the recipient to one (1) collection of garbage per week and one (1) 96 gallon roll away waste cart (RAWC) to place garbage into for collection.
b. The RAWC is the only receptacle that garbage shall be deposited and collected. Collection services shall not include any item(s) that the person or entity with whom the Town is contracting for the collection and removal of garbage is incapable of collecting and removing, which shall include and not be limited to the following: motor oil, automobile batteries, heavy gauge steel, concrete, ashes, paint, pesticides, chemicals, liquids, hazardous waste, and construction material and debris. Residents are responsible and disposing of garbage items that a collection service is incapable of removing.
5. Nonpayment:
a. The monthly service charge imposed by this Ordinance shall be billed to the person or entity who is billed for water service. If a tenant or other non-owner is billed, the property owner shall be liable for the service charge(s) if payment is not made by the tenant, occupant, or other non-owner when the charge is due.
b. The monthly service charge shall be due and payable on or before the due dates shown on the water bills. A monthly service charge not paid on the due date shall be considered a delinquent account. All monthly service charges not paid by the 15th of the month following receipt are hereby declared to be delinquent and a penalty of Ten Percent (10%) of the amount of the monthly service charge shall be due.
c. Delinquent monthly service charge and penalties may be made a lien against the property served through certification to the County Recorder and County Auditor. In addition to the remedies provided herein, the Town shall have the right to bring a civil action to recover delinquent monthly service charge(s) and penalties, together with interest at the rate of Eight Percent (8%) per annum and reasonable attorney fees. The Town shall also have the right to foreclose any lien established under this Ordinance with recovery of the monthly service charge, penalties, interest, and reasonable attorney fees.
6. Violations. If any person or entity violates this Ordinance, the Town may do any or all of the following:
a. Initiate an action for injunctive relief;
b. Seek a monetary fine of up to $2,500.00 per violation; and
c. Undertake any other action deemed necessary and appropriate to protect and preserve the public health, safety, and welfare.
7. This Ordinance shall supersede any prior Ordinances adopted by the Town to Establish the Service Charge for Collection and Removal of Garbage. This Ordinance shall be effective upon passage and any necessary publication.
Passed by the Town Council of Medaryville, Indiana, this 15 day of April, 2026 by a vote of 2 yes to 0 no. .
Ashlee Salyer, President
Medaryville Town Council
Nick Gillock, Vice President
Medaryville Town Council
Steven Foust, Council Member
Medaryville Town Council
ATTEST:
Stacy Conley, Town Clerk/Treasurer
Medaryville, Indiana
081-26 G 4/29