953.10 FEES; BILLING AND COLLECTION.
   (a)   Fees are hereby imposed upon all residents, entities, and businesses located in the City of Moundsville as users and beneficiaries of the protections and services provided by this article of the City Code. These fees are imposed regardless of whether such residents, entities or businesses use the City’s garbage collection services.
      (1)   For single-family or multiple-family residences: $16.50 every month per family or unit for one collection per week of garbage, rubbish and ashes. There shall be a limit for each residence of ten (10) bags (thirty (30) gallon size) or the equivalent thereof per weekly pickup. There will be a charge of one dollar ($1.00) for each additional bag beyond ten (10) picked up. There shall be a limit of one bulk item per month; there shall be a charge of twelve dollars ($12.00) for each bulk item beyond one per month.
Additional pickup collections beyond once weekly shall be charged at the commercial rates set forth below, unless the City determines that the volume requires a dumpster, in which case the dumpster fees set forth above shall apply. (Passed 1-20-20.)
      (2)   For commercial, industrial, public buildings and other nonresidential customers:
         A.    Class I Commercial. (Those small offices which produce mainly paper waste and which do not use dumpsters): $19.52 per month.
         B.    Class II Commercial. (Those small commercial, business, or service establishments which do not use dumpsters): $25.41 per month.
         C.    Class III Commercial. (Those commercial, business, or service establishments which use dumpsters shall be charged the following rate times the cubic yard size of their dumpster(s) times the number of pickups made per week): $8.27 per cubic yard. Additionally, such customers shall be charged an annual dumpster rental fee of $100.00.
         D.    Class TV Commercial. (Those commercial, business, or service establishments which regularly dispose of bottles or other heavy items in addition to regular refuse, and which use dumpsters shall be charged the following rate times the cubic yard size of their dumpster(s) times the number of pickups made per week): $8.73 per cubic yard. Additionally, such customers shall be charged an annual dumpster rental fee of $100.00.
         E.    Class V Commercial. (Those larger commercial establishments requiring special accommodation to be negotiated and established by the City Manager based on Class III or Class rv rates.)
         F.    Notwithstanding any of the foregoing rates established herein, the City Manager may adjust fees in accordance with subsection (a)(3) hereof.
         G.    Any person aggrieved by an order of the City Manager fixing the fee under this section shall have the right to a hearing before City Council by requesting such hearing in writing addressed to the City Manager. The City Council shall, as soon as possible thereafter, hear the aggrieved party and make a ruling thereon. Any ruling of the City Council after such hearing shall be final.
         H.    Commercial, industrial or public buildings, or other nonresidential customers utilizing dumpsters may be eligible upon petition to the City Manager and subject to his approval to an adjusted rate as may be established in accordance with subsection (a)(3) hereof. Any person aggrieved by an order of the City Manager fixing the fee under this section shall have the right to a hearing before the City Council by requesting such hearing in writing addressed to the City Manager. The City Council shall, as soon as possible thereafter, hear the aggrieved party and make a ruling thereon. Any ruling of the City Council after such a hearing shall be final.
         I.    Additional fees may be charged for collection of refuse at locations other than ground level.
            (Passed 6-18-19.)
      (3)    The City Manager and City Council shall in establishing or adjusting fees consider:
         A.    The cost of collection and disposal of the garbage, rubbish and ashes;
         B.    The fees charged establishments with the similar amounts and types of rubbish, garbage and ashes and the disposal containers utilized;
         C.    Where the cubic yard volume of refuse is not established by a commercial entity to the satisfaction of the City Manager, the City Manager (or City Council upon appeal) may estimate the same.
      (4)   Security deposits may be required from new customers in an amount equal to two month’s fee, before beginning service.
   (b)    (1)    Payment of fees; delinquent accounts. All fees shall be paid to the City Treasurer. All delinquent accounts are subject to stoppage of service without notice. If a delinquent account is not paid within thirty days, the Commissioner of Public Works shall cease all refuse collection for that account unless otherwise directed by the City Manager. Service shall be resumed thereafter only on payment of the accumulation of fees for the period of the noncollection unless the City Manager specifically directs otherwise.
      (2)    Legal remedy. The stoppage of collection services hereinbefore authorized for nonpayment of fees shall be in addition to the right of the City to proceed for the collection of such unpaid charges in a manner provided by law for the collection of a Municipal claim.
         (Passed 6-17-14.)