759.01  IMPOSITION AND RATE; COLLECTION.
   (a)   There is hereby levied and shall be collected a charge against users of any municipal services, including police protection, fire protection, street lighting, street maintenance, street cleaning and street improvements (excluding those essential services of Parks & Recreational facilities, sewage and sewage disposal and the collection and disposal of garbage, refuse, waste, ashes, trash and other essential municipal services).  The charge for such service shall be at the following rates for each single family unit residence, per unit, and for each multiple-family dwelling or apartment house, per each residential unit or apartment, whether or not occupied, for each business establishment.
 
1 year
$180.00
1 month
$15.00
      (1)   This charge is not based on any tap fee, water meter or the specific provisions of any service, but is based solely upon the residence inside of the City limits of Mannington.
      (2)   Provided, however, that any building that is not used as a residence is exempt from this charge.  If an existing building is converted to a non- residential structure, upon confirmation by the code enforcement officer and application by the owner, the charge may be removed.
   (b)   (1)   The City Clerk shall be charged with the duty of mailing a statement on a monthly, quarterly, or yearly basis to each person or business establishment to be charged with the municipal fee hereby imposed for the fee due for the preceding month or quarter as the case may be, but failure to mail any statements of monthly, quarterly, or yearly charges shall not be grounds for avoiding payment.
      (2)   A statement shall be mailed by the Clerk at least as frequently as once each year, but at the discretion of the Clerk, a statement may be mailed each month or quarter and any such statement may be consolidated by the Clerk with statements for other municipal services due from such person or business establishment.  If a monthly statement is mailed by the Clerk it may be mailed each month on a date selected by the Clerk but the Clerk shall render the monthly billing to such person or business establishment in a uniform manner so that each monthly billing is mailed at intervals of approximately thirty (30) days.  The Clerk may yearly or otherwise mail books for monthly payment or similar payment books or bills.
   (c)   The City Clerk is hereby authorized to collect the municipal service fee herein imposed on a yearly basis and if such fee is paid in advance and paid on or before July first of each year, the Clerk is authorized to allow a discount of eight dollars ($8.00) on the yearly fee.  The City Clerk is hereby directed to collect from any person or business establishment failing or refusing or neglecting to pay the fees herein imposed for a period of twenty (20) days after the date of a statement whether it be a monthly or quarterly statement as herein provided, a penalty of ten percent (10%) of the amount of the fee shown upon the statement.  Any fee paid to the City of Mannington pursuant to the terms of this section of the City Code shall be deemed paid upon the date payment was mailed to the City Clerk, in a properly addressed stamped envelope.  The postmark appearing on the envelope containing such fee shall be deemed conclusive evidence of the date such payment was made.
   (d)   The breakdown of the fees collected shall be as follows:
 
Fire Department
$4.50
Street lighting   
$2.50
Bridge Replacement Fee
$3.00
      (1)   The additional fee of $3.00 per month for the bridge replacement fee is based on the amount needed to amortize the 30 year loan for the replacement of the bridge, and shall expire by the terms of Section 759.04.
      (2)   The Fire Department is guaranteed at least $54,000 annually.  The balance of fees collected shall be budgeted between the Police Department and Street Department in accordance with established needs.
   (e)   Subject to such reasonable regulations as may be promulgated by the City Clerk, the rates and charges specified by subsection (a) hereof shall be billed to the owners of each and every single family residence, multiple-family dwelling or apartment house, or business establishment located within the City, provided: that upon application by the occupant of any such residential or business unit, filed with the City Clerk upon a form provided by the said Clerk, showing the occupant’s status as such, such bills may be rendered to the said occupant and become the occupant’s responsibility.
(Ord. 407.  Passed 12-17-12.)