(a) In connection with the provision of services for the pick-up and removal of garbage and rubbish, the Village is permitted to and may charge a fee to be known as the Newburgh Heights Refuse Collection Fee.
(b) The Refuse Collection Fee shall be established annually by Council, shall be applied monthly to each residence, housing unit and/or household in the Village, and shall be billed and collected quarterly. The Refuse Collection Fee shall be invoiced on the applicable quarterly water bill and the billing shall be performed by the Cleveland Division of Water.
(c) Council shall establish the Refuse Collection Fee by ordinance, provided that, in the event that during any given year Council does not pass an ordinance establishing the annual Refuse Collection Fee, said Refuse Collection Fee shall be at the most recent previously established rate and shall remain in full force and effect.
(d) An owner of a residential property zoned or used as multi-family and/or multi-unit residential property within the Village may appeal to the Board of Zoning and Building Appeals for relief from the application of multiple Refuse Collection Fees to the multi-family and/or multi-unit residential property. In order to obtain such relief, the owner or representative of the owner must prove by clear and convincing evidence that:
(1) The residence is occupied by a single household; and
(2) That the property is used solely as a single-household or single-family residence. Notwithstanding the foregoing, a minimum of one Refuse Collection Fee shall apply and be charged to each residential property within the Village.
(e) The Board of Zoning and Building Appeals may grant relief hereunder by granting to the owner a revocable Special Refuse Collection Fee Waiver License to the owner of residential property. Any such Special Refuse Collection Fee Waiver License shall be of a duration of two (2) years from the date of issuance, may be revoked at any time by the Mayor, Building Commissioner or Board of Zoning and Building Appeals in the event that the residential property in question is no longer utilized as a single-family residence. Thereafter, any Special Refuse Collection Fee Waiver License may be renewed for an additional period of two years provided that the license holder:
(1) Submits a Request for Renewal to the Village Building Department along with an application fee in the amount of $15.00; and
(2) The Village Building Department inspects the subject property to verify its use as a single-household residence; and
(3) The Village Building Department is satisfied that the subject residence is being utilized as a single-household residence. Any renewal license issued hereunder shall be for a duration of two (2) years from the date of issuance, may be revoked at any time by the Mayor, Building Commissioner or Board of Zoning and Building Appeals in the event that the residential property in question is no longer utilized as a single-household residence, and may be subsequently renewed pursuant to the procedures outlined in this subsection. Any such Special Refuse Collection Fee Waiver License or renewal thereof shall not "run with the land.
(f) Any Senior Citizen who is a resident of the Village and who is subject to payment of the Refuse Collection Fee may obtain a "Homestead Exemption" from payment of the Refuse Collection Fee, pursuant to which the Senior Citizen shall be exempted in full from making payment of the Refuse Collection Fee. In order to receive a Homestead Exemption under this Section, the Senior Citizen must:
(1) Submit to the Village a Cuyahoga County Fiscal Office Homestead application,
(2) Provide proof of age, and
(3) Provide proof of residence. For purposes of this subsection, the term "Senior Citizen" shall mean any person age 65 or older. Any such Homestead Exemption granted under this subsection shall not run with the land.
(Ord. 2012-72. Passed 2-5-13.)