(A) (1) The purpose of the service fees shall be to raise funds for programs and efforts which protect environmental resources and which help the county ensure compliance with state law. State law establishes recycling and processing goals and mandates other waste management programs which counties have the responsibility of meeting and implementing.
(2) This section is enacted pursuant to M.S. §§ 473.811 and 400.08, as they may be amended from time to time, which grant the county the authority to establish and determine the boundaries of solid waste management service areas in the county and to charge properties within the service area a service fee. The boundaries of the county shall constitute the boundaries of the solid waste management service area.
(B) (1) The county shall impose a service charge for solid waste management services provided to the various parcels of land in the county, and the charges shall result in an assessment payable with the real estate taxes or other manners as determined by the County Board of Commissioners. The method of billing, the amount of the charge and the system of assessing the charge to the various parcels of land in the county shall be determined and adjusted by ordinance of the County Board Commissioners.
(2) On or before October 15 in each year, the County Board shall certify to the County Auditor all unpaid outstanding service fee charges and a description of the lands against which the charges arose. It shall be the duty of the County Auditor, upon order of the County Board, to extend the assessments with interest rate provided for in M.S. § 279.03(1), as it may be amended from time to time, upon the tax rolls of the county for the taxes of the year in which the assessment was filed. For each year ending October 15, the assessment with interest shall be carried into the tax becoming due and payable in January of the following year, and shall be enforced and collected in the manner provided for the enforcement and collection of real property taxes in accordance with the provisions of the laws of the state. The charges, if not paid, shall become delinquent and be subject to the same penalties and the same rate of interest as the taxes under the general laws of the state.
(3) The County Board, by ordinance, may establish or revise the rate schedule for solid waste management services. All rates and charges shall be uniform in their application to use and service of the same character and quantity. A copy of the current rate schedule shall be kept on file in the Office of the County Auditor. If no new rate schedule for solid waste management services is adopted in any year, the rate schedule for the previous year shall remain in effect.
(4) (a) In establishing or revising the rate schedule, the Board may take into account all factors relevant to solid waste management and disposal. The factors include, but are not limited to, the character, kind and quality of service and of solid waste, the method of disposition, the number of people served at each place of collection, and all other factors that enter into the cost of providing service including, but not limited to, public education, solid waste planning, recycling programs, industrial waste management, solid waste management facilities, operating and debt service cost.
(b) The Service Fee as provided for herein shall be established in the Carver County Fee Schedule Ordinance.
(5) Unpaid charges assessed to tax exempt properties may be collected in Small Claims Court or through other means as may be approved by the County Attorney.
(6) Any property owner who believes that the service charge imposed upon his or her property is incorrect, may appeal the charge. An appeal form may be obtained from the Environmental Services Department Office and shall be filed within 30 days of mailing the service charge statement by the county.
(7) The Environmental Services Director shall, within 30 days of receipt of the appeal, review the appeal and notify the appellant by U.S. mail whether an adjustment is due and how much, or whether the appeal is denied.
(8) An appellant whose appeal has been denied or who is unsatisfied with the decision of the Environmental Services Director, may request that the Carver County Board of Commissioners further review the appeal. The request for further review shall be submitted to the Environmental Services Department within 30 days of the notice of decision on the original appeal. A form for this request must be obtained from and filed with the Environmental Services Department.
(9) The County Board of Commissioners shall, within 30 days of receipt of the appeal, review the appeal and notify the appellant by U.S. mail of a decision on the appeal.
(C) As established in M.S. § 400.08(4)(c), as it may be amended from time to time, the county shall have the authority to impose an assessment upon waste collection fees which commercial haulers charge residents and businesses. This rate may be set by resolution by the Board and may be utilized to augment or replace the property assessment mechanism for the county.
(Ord. 4C, passed 11-14-00; Am. Ord. 4C, passed 11-23-04; Am. Fee for Service Ord. 48, passed 12-19-06)