(a) In order to make a service provided for in this article self supporting, it is hereby established a schedule of fees, rates, or charges for standard types of garbage and trash service, that is other than special collections and dumpster pick-ups of garbage and trash as hereinafter set forth, rendered by the City as follows:
(1) Beginning July 1. 2023. there shall be a flat rate charge and fee for two pickups per week of three hundred seventy-five dollars ($375.00) per year for the period July 1 through June 30 of each year, such fees, rates, or charges apply to all garbage pick-up for a private residence, individual apartment dweller, individual townhouse dwelling or business, other than and except for special collections and dumpster pick-ups as hereinafter set forth. The flat rate fee of three hundred seventy-five dollars ($375.00) per fiscal year shall be a minimum fee for garbage service provided to any user or owner as set forth in this paragraph.
(2) Beginning July 1, 2024, there shall be a flat rate charge and fee for two pickups per week of four hundred fifty dollars ($450.00) per year for the period July 1 through June 30 of each year, such fees, rates, or charges apply to all garbage pick-up for a private residence, individual apartment dweller, individual townhouse dwelling or business, other than and except for special collections and dumpster pick-ups as hereinafter set forth. The flat rate fee of four hundred fifty dollars ($450.00) per fiscal year shall be a minimum fee for garbage service provided to any user or owner as set forth in this paragraph.
(3) In consultation with the owner of any commercial establishment. multi-family units, or any other non-residential unit structure that does not have dumpster service and has more than two pick-ups per week, the City shall determine the amount of average waste to be collected and the number of collections per week to keep the property free of waste so as to prevent a health hazard or unsightly presentation and shall set such rate as appropriate depending on the circumstances as set forth above.
(b) In order to make the special service provided for in this Article self-supporting,there is hereby established a schedule of fees, rates, or charges for special collections and dumpster collections of garbage and trash rendered by the City as follows:
(1) Special collections: There shall be a flat rate charge and fee of thirty-five dollars ($35.00) per pickup truck/regular load for refuse, debris and/or trash; a flat rate charge and fee of fifty dollars ($50.00) per pickup truck - 3/4 ton load for refuse, debris and/or trash; a flat rate charge and fee of ninety dollars ($90.00) for dump truck/regular load for refuse, debris and/or trash; and flat rate charge and fee of one hundred sixty-five dollars ($165.00) for dump truck/tandem load for refuse, debris and/or trash.
(2) Dumpster pick-ups: There shall be a flat rate charge and fee for dumpster pickups for three cubic yard dumpsters for the period July 1 through June 30 of each year as follows:
A. Beginning July 1, 2023:
(i) $1,550.00 per year for one pickup per week.
(ii) $3,100.00 per year for two pickups per week.
(iii) $4,650.00 per year for three pickups per week.
(iv) $6,200.00 per year for four pickups per week.
(v) $7,750.00 per year for five pickups per week.
B. Beginning July 1. 2024:
(vi) $1,850.00 per year for one pickup per week.
(vii) $3,700.00 per year for two pickups per week.
(viii) $5,550.00 per year for three pickups per week.
(ix) $7,400.00 per year for four pickups per week.
(x) $9,250.00 per year for five pickups per week.
(c) Any residential unit structure, commercial establishment, multi-family residential
unit structure which is occupied or in operation, constitutes prima facie evidence that solid waste is being produced and accumulated on the premises and all solid waste shall be removed from the premises at least once per week. The owner or occupant of any such unit or establishment shall be a subscriber to waste collection services offered by the City and shall pay the applicable fees set forth in Section 951.06
(a).
(d) The garbage service fee levied and assessed by this article, as amended, shall be
collected from each Owner and User, and shall be due and payable twenty days from the date of annual billing. No person shall fail to pay the charges prescribed by this section and owed by him.
(e) Any owner or user paying his or her garbage bill in full within twenty days of the
date the bill is issued, such payment to include any prior year's fees and arrears, shall be entitled to an eighteen percent (18%) discount of the current fiscal years garbage bill/fee. Any owner or user not paying his or her garbage bill in full by the last day of the fiscal year (June 30th), shall be assessed an overdue interest charge of ten percent (10%) of the unpaid balance. This overdue interest charge shall be assessed and compounded each and every year in which the balance remains unpaid in whole or in part.
(f) The rates and charges specified by this section, shall be billed to the owner or each
and every residential unit provided, that upon application by the occupant of any residential unit, filed with the Office of Martinsburg City Recorder and accompanied by an appropriate affidavit of the occupant showing the occupant's status as such, such bill may be rendered to the occupant. An occupant's obligation to pay the garbage fees shall be for the time period during which particular occupant occupies the rental premises, after which time the obligation to pay the garbage fee shall revert to the owner unless the subsequent occupant applies to the City, with accompanying affidavit, to have the garbage fees billed to the new occupant.
(g) Under the schedule set out above, the City shall not collect, remove or dispose of
the following types of refuse: sewage, animal excreta, rubber tires, the carcasses of animals, trees or material resulting from the demolition, repair, alteration or erection of buildings or structures.
(h) The City shall have the right to deny standard refuse service to any person whose
refuse requirements are sufficiently abnormal or different, in the opinion of the County Health Officer or City Sanitation Superintendent, as to justify special handling in which case special charges will be made. This shall include those buildings or dwellings not readily accessible to refuse collectors and cases where refuse is not found in standard containers.
(i) Council shall have the right to revise the schedule of rates established by this section and so adjust them that costs will be distributed as equitably as possible among the citizens of the City on the basis of benefits received. At no time, however, shall rates be continued which are disclosed to be producing less revenue than is required to meet all obligations and costs involved in rendering refuse service to the public. Council shall also have the prerogative to set special rates in special cases. (Ord. 2023-04. Passed 5-9-23.)