6-1-10: RATES AND CHARGES:
   A.   Rates And Charges Set Forth: It shall be the duty of the city commission to set a charge for the cost of collecting and disposing of garbage and refuse in the city by reestablishing both residential rates and commercial rates in separate classifications and that said fees for such collection shall be paid in the amounts set forth in the annual resolution hereinafter referred to:
B. Residential Rates:
   Class I   Residential structures having up to 4 units in 1 structure.
   Class II   Residential structures having more than 4 units in 1 structure.
   Class III   Mobile home parks.
   Class IV   Properties which qualify for the state of Montana class 15 taxation classification.
The public works director shall be required, annually, to calculate the cost of residential collection and disposal and submit this figure to the city commission for its consideration. The public works director shall also annually provide the number of residential units to be assessed, as adjusted by a determination of the number of equivalent units as follows:
      1.   For the purposes of determining the number of units to be assessed in a class I residential structure, the public works director may, upon a proper showing by an owner of class I property, determine on a year by year basis that the property be assessed on an equivalent number of residential units rather than on the number of actual units, but in no case less than one unit. A proper showing for determining equivalent number of units must satisfy all the following conditions:
         a.   The residential use must prove to be atypical and extraordinary such that the amount of solid waste generated from all the units is equal to or less than the amount of solid waste generated from a single residential unit. Atypical includes units that do not have separate cooking and eating areas; are used primarily for sleeping purposes by less than two (2) persons; are fully furnished by the owner; and the owner is responsible for providing all utility services to the units.
         b.   The property may not require more than weekly pickup from one 90-gallon container.
      2.   The determination of equivalent number of units in this subsection B is only valid for a one year period. To be eligible for an annual renewal of the determination, the property owner must provide information establishing the continuation of a proper showing. If the property generates such solid waste at least three (3) times per year that one 90-gallon container is insufficient to handle the waste, the property must be assessed for the next fiscal year on the total number of units and does not qualify for a determination of equivalent units under this section.
   C.   Commercial Rates: The public works director shall be required, annually, to calculate the cost of commercial collection and disposal and submit this figure to the city commission for its consideration.
   D.   Transfer Station/Landfill Rates: The public works director shall be required annually to apply the cost of disposal to the total tons disposed and submit this figure to the city commission for its consideration. Cost of disposal shall include transfer station and landfill charges. (Ord. 2931, 1-14-2002, eff. retroactive to 7-1-2001)