Loading...
Permit or license fees under this chapter shall be fixed annually by executive regulation adopted by the county executive under method (3) of section 2A-15 of this Code. The fees shall not exceed the cost of inspection, licensing and enforcement of this chapter. (1981 L.M.C., ch. 37, § 1; 1984 L.M.C., ch. 24, § 47; 2011 L.M.C., ch. 17, § 1.)
The director may refuse to renew or he may revoke or suspend any license or permit issued under this chapter or take such other action as he may deem necessary upon a finding that the holder of the license or permit has violated any provision of this chapter, or that the continued use or operation of the license or permit under this chapter would endanger the health, welfare or safety of the public. Notice of revocation, suspension or refusal to renew or other action shall be in writing, and mailed by certified mail or delivered in person to the address shown on the application and shall provide for a right to a hearing before the director prior to final action. In the event of an immediate danger to the public health or safety, notice and hearing shall not be required but shall be given as promptly thereafter as practical.
In the collection and transportation of solid waste, the director may revoke the registration of a particular vehicle or vehicles of the licensee found to be in violation of this chapter, such revocation to remain in force until such time as the licensee puts any or all vehicles in compliance with the provisions of this chapter or corrects the violation. Notice of revocation shall be as provided above. Such revocation of the registration of a particular vehicle shall not otherwise affect the license to do business issued under this chapter or affect the registration of complying vehicles of the licensee. (1981 L.M.C., ch. 37, § 1; 2011 L.M.C., ch. 17, § 1.)
Any person aggrieved by the issuance, denial, renewal, suspension, or revocation of a permit or license under this Chapter may appeal to the County Board of Appeals within 10 days after the action is taken. The Board may affirm, remand, modify, or reverse the action of the Department. An appeal to the Board must not stay the action unless the Board, upon application, grants a stay of the action. (1981 L.M.C., ch. 37, § 1; 2011 L.M.C., ch. 17, § 1.)
Editor’s note—2011 L.M.C., ch. 17, §§ 2 and 3, state:
Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
(a) A special service charge area known as the solid waste collection district, consists of that area of the county defined on maps in the office of the director where residential solid waste was collected under contract with the county government on June 1, 1977. The executive may expand or reduce the collection district under procedures adopted by Regulation under method (2) or by the county council in the comprehensive solid waste management plan. The executive may subdivide the collection district, and revise the boundaries of any subdistrict when that action will improve service or reduce cost.
(b) In the Solid Waste Collection District, a person may engage in the business of collecting solid waste from any single- or two-family dwelling unit under a private contract with the owner or occupant of the unit in addition to the collection by the County or its contract agent. The County or its contract agent must be the primary collection agency for single- or two-family dwelling units. The County or its contract agent must also be the exclusive collection agency for any multifamily building with 6 or fewer dwelling units. The County or its contract agent must not collect solid waste from any building with 7 or more dwelling units.
(c) The Director of Finance is authorized to bill and collect all County service charges imposed on property within such Solid Waste Collection Districts for solid waste collection service in the manner in which ordinary taxes are now or hereafter may be collected under the provisions of the general and local laws of the State and County; upon default in the payment of any service charge the property against which such service charge has been made shall be sold at tax sale in the same manner as real property is sold for nonpayment of ordinary taxes.
(d) The County Council must set charges annually for solid waste collection and management services under Section 48-31. These charges must correspond as closely as practicable to the actual cost, or an allocable portion of the cost, to the County to perform such services.
(e) The Director must certify, before each real property tax billing cycle, which properties are receiving solid waste collection service in the collection district.
(f) Service charges which are due and payable to the County, but which are omitted from tax bills for any reason, may be billed separately when due and may be collected as ordinary debts or may be added to a succeeding tax bill as provided in subsection (c) of this Section. (1981 L.M.C., ch. 37, § 1; 1984 L.M.C., ch. 24, § 47; 1992 L.M.C., ch. 39, § 1; 1995 L.M.C., ch. 18, § 1; 1997 L.M.C., ch. 19, § 1.)
Any violation of any provisions of this chapter, unless otherwise provided for in the applicable section, shall be punished as a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation of the provisions of this chapter continues to exist shall constitute a separate offense. (1981 L.M.C., ch. 37, § 1; 1983 L.M.C., ch. 22, § 53.)
Each fiscal year the County Council must by resolution set:
(a) the base solid waste charge under Section 48-32;
(b) the residential and nonresidential systems benefit charges under Section 48-8A;
(c) any solid waste service charge under Section 48-8;
(d) all solid waste collection charges under Section 48-29;
(e) any charge for collecting or processing recyclable solid waste under Section 48-47; and
(f) any other solid waste service, collection, processing, management, or disposal charge or fee collected by or on behalf of the County.
A public hearing must be held, with at least 15 days' notice, before the Council adopts a resolution under this Section. The resolution must be adopted no later than the date the Council approves the annual operating budget. Unless the resolution specifies otherwise, each charge or fee must take effect on the July 1 after the resolution is adopted. (1995 L.M.C., ch. 18, § 1.)
Loading...