(a) Unified City Services Fee Established. There is hereby established a unified City services fee to be collected by the City Clerk and charged to, and collected from any person, owner, occupant, tenant, domestic or business establishment located at any residence or business address in the City to which or for which, City services are provided by the City, including, but not limited to, police and fire protection, parking facilities on the streets or otherwise, parks and recreational facilities, street cleaning, street lighting, street maintenance and improvement, storm sewage systems and facilities, the collection and disposal of garbage, refuse, waste, ashes, trash and any other similar matter, infrastructure repair and replacement, compliance with and meeting environmental concerns, equipment cost, repair and replacement, and any other services provided by the City for its citizens, according to the rate schedule set forth in Section 954.02, and as City Council may determine, or modify, from time to time, to meet and provide for delivery of City services to its citizens.
The charge shall be levied and collected, jointly and severally, from any person, owner, occupant, tenant, domestic or business establishment located at any residence or business address in the City to which, or for which said City services are provided by the City, with the right of contribution being preserved to the person or entity from whom the charge is collected, together with interest at the legal rate of interest as established by the Supreme Court of Appeals of the State of West Virginia on any outstanding accrued charge or fee remaining unpaid twenty days after due, and any costs, expenses and fees, including reasonable attorney fees, incurred by the City in collecting, instituting suit, executing upon judgments rendered, and for recording abstracts of judgment in collection of the same. The property owner is ultimately liable for payment of the charge for City services, together with any and all fees, costs, expenses and interest assessed by the City Clerk, or incurred in enforcement and collection of the same. Payment of essential municipal service fees shall be made within twenty days after mailing of the same by the Clerk, and if made within said twenty day period, no interest, or penalty, shall accrue. It shall be the duty of every person, owner, occupant, tenant, domestic or business establishment located at any residence or business address in the City to which, or for which said City services are provided by the City to notify the City Clerk, in writing, of any change or correction of address. Failure to so notify the City Clerk of change or correction of address shall result in liability for the City services fee, for the time period charged until the City Clerk is notified of said change or correction of address, in writing.
(b) Definitions.
(1) “Domestic establishment” means a one-family unit or household whether maintained in a dwelling, a building or portion of a building in which not more than one room is rented or occupied by a person or persons unrelated to the other family unit in such dwelling, building or portion of a building.
(2) “Business establishment” means any location where a commercial enterprise of any kind or nature is carried on, on a regular day-to-day basis whether for the sale of tangible or intangible property or where personal services are rendered and for each of which such locations a City license is required or the same is subject to taxation under the provisions of Part Seven - Business and Taxation Code.
(Ord. 2009-16. Passed 9-21-09.)