ORDINANCE CITY OF NEW ORLEANS CITY HALL: October 24, 2013 CALENDAR NO. 29,818 NO. __________________ MAYOR COUNCIL SERIES BY: COUNCILMEMBER CLARKSON (BY REQUEST) AN ORDINANCE to amend and reordain Section 138-57 of the Code of the City of New Orleans to provide that the payment of sanitation service charges is mandatory, and that in the event there exists a Cooperative Endeavor Agreement between the City and the Sewerage and Water Board so authorizing, the Sewerage and Water Board shall terminate the water service to any premises or person delinquent in the payment of sanitation service charges; and otherwise to provide with respect thereto. 1 SECTION 1. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY 2 ORDAINS, That Section 138-57 of the City Code is hereby amended and reordained to read as 3 follows: 4 “Sec. 138-57. - Sanitation charges; collection. 5 (a) The fees for the collection and disposal of refuse, garbage, trash and other sanitation 6 services shall be as follows for services rendered during the periods indicated below: 7 (1) Each residential unit, including each residential unit in multi-residential structures, per month.....$24.00 8 9 (2) Business, professional or service office and institution, per month, per unit.....24.00 10 (3) Commercial, industrial and manufacturing establishment, per month, per 11 unit.....48.00 1 12 (b) The service fees imposed pursuant to section (a) above shall be mandatory, shall be due and 13 are owed by the sewerage and water board account holder and shall be collected from the 14 sewerage and water board account holder; provided: 15 (1) That no part of the cost of the procedure of including the sanitation service charge on 16 the water and/or sewerage bills of the sewerage and water board shall be imposed or 17 incurred by the Sewerage and Water Board. 18 (2) That the City understands that funds of the Sewerage and Water Board may not be 19 used for any purpose excepting for the operation and maintenance of the sewerage, 20 water and drainage systems. 21 (3) That any fees owed to the Sewerage and Water Board pursuant to a Cooperative 22 Endeavor Agreement between the City of New Orleans and the Sewerage and Water 23 Board shall be deducted from all sanitation collections received and collected by the 24 Sewerage and Water Board; that such deductions subject to audit by the department 25 of finance shall be made monthly when the net proceeds will be delivered to the 26 City. 27 (4) That the Sewerage and Water Board is relieved of any and all responsibility of the 28 collection of the sanitation service charges should the sewerage and water board 29 account holder fail to pay such service charges at the time the water and/or sewerage 30 bills are paid; all methods of enforcing such collection shall be the responsibility of 31 the City. However, in such case, in the event there exists a Cooperative Endeavor 32 Agreement between the City and the Sewerage and Water Board pursuant to LRS 33 33:4169.1 so authorizing, the Sewerage and Water Board, at the direction of the City, 34 shall terminate the supply of water to any premises or person delinquent in the 2 35 payment of sanitation service charges; such termination of water supply shall be 36 accomplished in compliance with Sewerage and Water Board rules and regulations 37 relative to administration of supplying water to customers. Additionally, the City 38 may contract with a private attorney, law firm or collection agency for legal and 39 other services related to the collection of the sanitation service charges and any 40 penalties attendant thereto. 41 5) That all complaints made to the Sewerage and Water Board regarding the collection 42 of such sanitation service charge shall be referred to the proper representative of the 43 City. 44 (6) That the collection of such sanitation service charge shall not impair or affect, in any 45 manner or form, the authority of the Sewerage and Water Board to collect its water 46 bills, and its bills for sewerage service as set forth by the procedure adopted by the 47 Sewerage and Water Board. 48 (7) Where a charge has been made for sanitation service and no water and sewerage 49 charges are billed by the Sewerage and Water Board during the billing period, the 50 person paying the sanitation service charge under this section may make a claim for 51 refund by filing a sworn application for refund with the department of finance. Those 52 units being serviced with water by the department of sanitation and those receiving 53 free water from the sewerage and water board shall pay the same sanitation service 54 charge as the other recipients. 3 (8) 55 The sanitation service charge will become due on the due date of the water and/or 56 sewerage bill. If not paid on or before due date, a 15 percent penalty will be added to 57 the outstanding current balance of the sanitation service charge. * * *” 58 ADOPTED BY THE COUNCIL OF THE CITY OF NEW ORLEANS ____________ ______________________________________ PRESIDENT OF THE COUNCIL DELIVERED TO THE MAYOR ON ________________________________________ APPROVED: DISAPPROVED: ________________________________________________________ ______________________________________ MAYOR RETURNED BY THE MAYOR ON ____________________ AT _________________ ______________________________________ CLERK OF COUNCIL ROLL CALL VOTE: YEAS: NAYS: ABSENT: RECUSED: 4