951.05 RATES.
   There is hereby established the following rates, fees and charges:
   (a)    Rates.
      (1)    Each family unit at the rate of $17.00 per month for standard once a week service.
      (2)    Retail, business and professional offices and places of business shall pay on the following basis for said service:
         A.    For standard once a week service, the rate of $20.00 per month.
         B.    For standard twice a week service, the rate of $30.00 per month.
         C.    For standard three times a week service, the rate of $40.00 per month.
         D.    For standard four times a week service, the rate of $50.00 per month.
         E.    For standard five times a week service, the rate of $60.00 per month.
         F.    Heavy volume service five times a week for Kanawha County Schools, the rate of $80.00 per month.
         All packing boxes and cartons must be broken down by the customer prior to pickup. (Ord. 780. Passed 6-17-19.)
         F.   For the major businesses in the City, a special study having been made as to their need for the public service concerned, and because of the unusual circumstances in each case, specific rates are fixed as follows:
            1.   Big Sandy: $225.00 per quarter.
            2.   Kanawha County Schools: $165.00 per school location.
            3.   Dunbar Printing: $60.00 per quarter.
            4.   Dunbar Mart: $105.00 per quarter.
All packing boxes and cartons must be broken down by the businesses prior to pickup. (Ord. 557. Passed 11-19-95.)
   (b)   The Superintendent of Sanitation is hereby authorized and directed to classify all of the retail, business and professional offices and places of business according to their respective volume and to furnish a list of such classification to the City Clerk, so that the person served may have notice of the rate he or it is to pay; and any person may appeal to Council in regard to his or its classification.
   (c)   Under the schedules in this section the City shall not collect, remove or dispose of the following types of refuse: raw garbage, offal, sewage, animal excreta, the carcasses of animals, tree or shrub trimmings or material resulting from the demolition, repair, alteration or erection of buildings or structures.
   (d)   A flat charge of one dollar ($1.00) shall be collected from each special service made and to this charge shall be added such additional charges as will compensate the City for extra refuse volume or weight involved in the types of refuse specified under subsection (c) hereof as determined by the Superintendent of Sanitation.
   (e)    If the fee, rate or charge for any of the foregoing services shall not be paid within thirty days after the same is due, the amount thereof may be recovered by the City in any appropriate action. Upon the failure of any person receiving such service to pay for the same when due, the City may discontinue such service without notice.
   (f)    The City shall have the right to deny refuse service to any person whose refuse requirements are sufficiently abnormal or different, in the opinion of the Superintendent of Sanitation, as to justify special handling in which case a special charge will be made. This shall include those buildings or dwellings not readily accessible to refuse collectors, or in cases where refuse is not found in standard containers.
   (g)    The City Clerk shall promptly collect all charges for the weekly family service provided for in subsection (a) and the Clerk shall keep in his office, proper records showing all collections made and received by him, and shall prepare and deliver to Council, on the first day of each month, a detailed statement, in writing, setting out all moneys received for all services during the immediately preceding month, and the amount paid for the several services, and the names of the persons who have not paid. The City Clerk shall also promptly report to the Superintendent of Sanitation all persons in default for services, together with the respective amounts thereof. The Mayor shall prescribe such forms and records as shall be proper and necessary for the collection and accounting of all money for any and all services under this article, with authority to require the City Clerk to duly observe and comply with the same. The system of accounting prescribed by the Mayor shall show the amount of revenue received and the application of the same, and the Mayor shall, at least once a year, cause such accounts to be properly audited by a competent auditor in event the same are not audited by a representative of the State Tax Commissioner, and the report of such auditor shall be open for inspection at all times to any taxpayer or citizen of the City, or any person receiving services under the provisions of this article, or anyone acting for and on behalf of such taxpayer or citizen.
   (h)    Each and every user, which includes the owner of the real estate where situated, as well as all tenants or other occupants thereof, within the City shall be required to provide for refuse collection services. The obligation of the real estate owner for the payment of such services shall be joint and several with each tenant or occupant thereof, if any.
      (1978 Code Sec. 12-5.)
   (i)   Notice. The City Clerk, when directed by the City Council, shall provide notice to the record owner of the residence or business establishment which is delinquent in the payment of the refuse service fees, or any portion thereof. The notice provided shall be addressed to the record owner; and sent by certified mail, return receipt requested, to the address of the record owner at the address of the same maintained by the Assessor of Kanawha County, West Virginia. The statement of notice shall state that:
      (1)   Delinquent refuse service fees were assessed by ordinance and are delinquent;
      (2)   Payment of such refuse service fees are to be paid by the specified date provided, which is to be no less than ninety (90) days from the date the statement of notice is mailed;
      (3)   The City may file a lien against the record owner’s real property if payment is not received by such specified date; and
      (4)   The record owner has the right to appeal in the Circuit Court of Kanawha County.
   (j)   Filing of a Lien. Once notice has been given under subsection (d) of this section the City may file a lien against real property of the record owner of the property for delinquent refuse service fees, or any portion thereof, attributable to fire, police and/or street fees for the time in which the municipal service fees are delinquent pursuant to West Virginia Code §8-13-13(d) or any successor provisions.
   (k)   Right to Appeal. The record owner of the property shall have the right to appeal to the Circuit Court of Kanawha County. If appealed, the Circuit Court shall consider such appeal under its general authority, including, but not limited to such authority under West Virginia Code.
(Ord. 736. Passed 5-2-16.)