(a) The City has the duty and authority to ensure that refuse within the City is collected, transported and disposed of in such a manner as to protect and promote the health, safety and welfare of all of its citizens and businesses, as well as visitors to the City and to adopt fees and charges for the collection, transportation and disposal of refuse which are fairly and reasonably directed to the users of these services, while not unduly burdensome to any particular individual or group of citizens or businesses. Therefore, every person who occupies a residence within the City and every person who conducts any business or commercial enterprise in any building within the City of Ripley shall be assessed and shall pay to the City the fee or charge for refuse, collection, transportation and removal set forth in this article, provided that each such residence or business shall be subject to only one such fee or charge for such refuse services directed to the head of the household or landlord for a residence and the owner or operator of a business or commercial enterprise. Provided further, in a mixed-use building containing a business, as defined in Section 727.01, and one or more residential apartments or living spaces, each such business and each such apartment or living space shall be subject to the appropriate fee. (4-18-95)
(b) Notwithstanding the provisions of subsection (a) above, commercial refuse service customers within the City may receive such services from a carrier licensed by the West Virginia Public Service Commission or a recycling business or hauler licensed, or otherwise approved, by the West Virginia Public Service Commission and/or the City of Ripley. Upon their submission of proof to the City of their contract with a licensed carrier and with a recycling business or hauler licensed, or otherwise approved, by the West Virginia Public Service Commission and/or the City of Ripley, any such commercial customer shall not be assessed or billed by the City for refuse services. (3-21-00)