§ 98.65 STALLS; FEES.
   (A)   The standard rental rates established herein apply to a stall space of 625 square feet or less. Any stall space measuring more than the standard space shall be charged on the basis of the base rental rates for the standard size plus an additional amount per square foot for all space utilized in excess of the standard 625 square feet that the stall and paddock occupy. Beginning on October 1, 2008, the rental rate of the excess space shall be 100% of the per square foot charge charged for the standard stall rate, which calculates to the following:
      (1)   Resident,
         per square foot
         per month   $0.51
      (2)   Nonresident,
         per square foot
         per month   $0.66
(‘58Code, § 33.44)
   (B)   The following shall comprise the stall fees for the Sand and Spurs Stables effective October 1, 2008.
      (1)   Resident
         per month   $319.07
      (2)   Nonresident
         per month   $408.76
      (3)   Trailer storage fee,
         per month   $10.00
   (C)   For use of city-owned stalls, the above listed fees shall apply, plus payment of additional fees as follows:
      (1)   Resident
         Per month   $25.00
      (2)   Nonresident
         Per month   $25.00
   (D)   Fees are payable monthly in advance on or before the first day of the month. A late payment penalty in the amount of $25 per stall shall be added to any fees paid and received by the city after the tenth day of the month. Any payments made will first be applied to any outstanding late payment penalties. No waiver of any provision in this section shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver of the city’s failure to enforce any obligation set forth herein shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. The first month’s fee and a deposit equal to the amount of two monthly payments must accompany all applications. Deposits shall be non-interest bearing and will be refunded upon termination of the permit provided the Permit Holder is current in the fees due to the city. In the event the Permit Holder is not current in the fees due the city or if there are damages attributable to the Permit Holder that are outstanding at the time the permit is terminated, the deposit shall be drawn upon by the city and be applied to the amount of any outstanding fees or damages. However, the Permit Holder shall remain responsible for all amounts owing if the deposit does not sufficiently cover such fees or damages; further, the use of the deposit for the aforesaid reasons shall not preclude the city from pursuing legal action. Fees paid in advance, for a full 12-month period, shall receive an 8% discount.
      (1)   Resident fees.
         (a)   For purposes of this section, RESIDENT shall mean a person who meets the requirements for RESIDENCY as defined in § 98.01.
         (b)   Joint stall Permit Holders/co-ownership of equine.
            1.   Stalls that are jointly held by a city resident and a non-city resident shall pay the higher of nonresidential fees.
            2.   Stalls containing equine co-owned by a city resident and any non-city resident shall pay the higher nonresident fees. Valid proof of ownership shall be furnished upon demand to the Public Works Department.
         (c)   City residents may pay resident fees for more than one stall, only, if the resident is the sole owner of all equine stabled in each stall. Valid proof of ownership shall be furnished upon demand to the Public Works Department.
         (d)   Payments received that cannot be processed due to omissions, shall be returned to sender and a late fee assessed to the account. Such omissions include, but are not limited to, failure to sign or complete checks, or failure to identify the stall for which credit is to be applied.
(‘58Code, § 33.47) (Ord.76-51, passed 5-18-76; Am. Ord.77-23, passed 2-15-77; Am. Ord. 82-31, passed 2-23-82; Am. Ord. 83-13, passed 10-26-82; Am. Ord. 86-15, passed 11-12-85; Am. Ord. 87-66, passed 7-28-87; Am. Ord. 90-2, passed 9-19-89; Am. Ord. 91-35, passed 2-19-91; Am. Ord. 92-49, passed 7-7-92; Am. Ord. 92-71, passed 9-29-92; Am. Ord. 93-45, passed 5-11-93; Am. Ord. 2001-65, passed 6-12-01; Am. Ord. 2003-37, passed 3-25-03; Am. Ord. 2005-64, passed 7-12-05; Am. Ord. 2006-70, passed 9-26-06; Am. Ord. 2008-62, passed 9-23-08; Am. Ord. 2009-42, passed 7-14-09; Am. Ord. 2011-60, passed 7-12-11; Am. Ord. 2013-74, passed 9-10-13)