(a) Exclusive solid waste collection, removal and disposal by the City shall not be required for residential units contained within multi-family units.
(b) In the event a building contains more than one, but less than four residential units, and the owner of such building is required to file a business and occupation tax return under the provisions of Article 779 of the Business and Taxation Code and regulations promulgated by the Finance Director and such owner pays when due all business and occupation taxes required upon the gross rental or lease income derived from such building, then exclusive solid waste collection by the City shall not be required for such residential units.
(c) In the event a residential unit is contained within the same building as a commercial enterprise, or when a residential unit is located contiguous thereto upon the same parcel of land, then exclusive solid waste collection by the City shall not be required for such residential units provided that:
(1) The owner of such commercial enterprise obtains a business franchise certificate as required by the West Virginia Code, and pays when due all business and occupation taxes upon gross income derived from such commercial enterprises; and
(2) The owner provides upon request by the Director, satisfactory evidence that solid waste from the residential unit is being collected by a private collector in conjunction with the collection of solid waste from the commercial enterprise.
(d) Notwithstanding the exemptions provided, nothing herein shall be construed to prohibit the owners of residential units eligible for exemption from utilizing City services in the collection and disposal of solid waste. (Ord. 0-162. Passed 5-25-82.)