954.02  COLLECTION OF FEES; RATES, CREDITS; HEARING; APPEAL.
   (a)    Domestic Establishments.  The basic unified City services fee to be collected by the City Clerk is a mandatory charge for all domestic and residential property located in the City, including owners and/or occupants, of multifamily dwellings, and shall be charged to, and collected from, any person, owner, occupant, tenant, or domestic establishment located at any residence address in the City to which, or for which, City services, as defined in Section 954.01, are provided by the City, in the amount of seventy-five dollars ($75.00) quarterly, subject to any applicable credit provided in subsection (c)(2) hereof.
   (b)   Business Establishments.  For each and every business establishment, the basic unified City services fee to be collected by the City Clerk and charged to, and collected from any person, owner, occupant, or tenant of any business establishment located in the City to which, or for which, City services are provided by the City are assessed and collectible taking into consideration the refuse, garbage, trash, and similar matter removal and disposal services provided by the City to the business establishment, with credits available for businesses contracting with independent commercial solid waste disposal contractors, as follows:
      (1)   Minimum business.  All business establishments requiring once a week service and the collection, removal and disposal of refuse or solid wastes placed in not more than three thirty-gallon containers shall pay the sum of seventy-five dollars ($75.00) per quarter or twenty-five dollars ($25.00) per month, subject to any applicable credits provided in subsection (c) hereof.
      (2)   Intermediate business.  All business establishments requiring once a week service and collection, removal and disposal of refuse or solid wastes placed in not more than six thirty-gallon containers shall pay the sum of one hundred five dollars ($105.00) per quarter or thirty-five dollars ($35.00) per month, subject to any applicable credits provided in subsection (c) hereof.
      (3)   Container business.  All businesses requiring the collection, removal and disposal of refuse or solid wastes in a volume in excess of six thirty-gallon garbage containers shall be deemed to be container business.  The City services fee to be paid to the City for container business shall be as follows:
Cubic Yards of Refuse or Solid Waste
Times Removed Each Week
City Service Fee per Month
2
Once
$80.00
2
Twice
$154.00
2
Three
$216.00
2
Four
$281.00
2
Five
$345.00
3
Once
$104.00
3
Twice
$191.00
3
Three
$263.00
3
Four
$337.00
3
Five
$426.00
4
Once
$118.00
4
Twice
$205.00
4
Three
$294.00
4
Four
$383.00
4
Five
$469.00
6
Once
$149.00
6
Twice
$235.00
6
Three
$323.00
6
Four
$425.00
 
Cubic Yards of Refuse or Solid Waste
Times Removed Each Week
City Service Fee per Month
6
Five
$543.00
8
Once
$191.00
8
Twice
$294.00
8
Three
$406.00
8
Four
$530.00
8
Five
$645.00
 
   If a business establishment requires and requests Saturday or Sunday service there shall be an additional charge of one hundred dollars ($100.00) per month for Saturday service and one hundred dollars ($100.00) per month for Sunday service regardless of the number of cubic yards which the business establishment’s container holds.
   The charges hereinabove specified shall be paid by each business establishment in consideration of the size of the container provided by the business establishment and shall not be calculated in consideration of the actual cubic yards of refuse or solid waste actually collected.
   The Director of Public Works is hereby authorized to enter into special agreements with business establishments which desire to share a container with special agreement may provide for the location of the shared container, the size of the shared container, and the proportion of the monthly charge which will be paid by each participating business establishment.  In such event the City shall issue a separate bill to each business establishment participating in a shared container.  Nothing in this paragraph, however, shall be deemed to require the Director of Public Works to enter into such agreement.
 
   (c)   Credits.
      (1)   Any business, or business establishment contracting with an independent commercial solid waste disposal contractor approved, licensed and permitted to operate within City boundaries, for collection, removal and disposal of all its garbage, refuse, waste, ashes, trash, and any other similar matter, as permitted in Article 953 of the City Code, and when such service is not being provided to the business by the City, shall be entitled to a twenty percent (20%) quarterly credit against the basic unified City services fee charged in subsection (b)(1), (2) or (3) hereof.  It shall be the responsibility of any business, or business establishment claiming this credit to notify the City Clerk, in writing, of the name of the independent contractor providing for solid waste removal, a description of the services provided by said contractor, and that no such services are being provided to the business, or business establishment by the City.  If the Director of Public Works determines that garbage, refuse, waste, ashes, trash, and any other similar matter of any business or business establishment, is not being collected, removed and disposed of, or is being collected, removed and disposed of by an independent commercial solid waste disposal contractor in such a manner as to cause, or constitute a threat to the public health and safety of the citizens of the City, the Director of Public Works shall cause City sanitation workers to collect, remove and dispose of the garbage, refuse, waste, ashes, trash, and any other similar matter, of said business, or business establishment, and said business shall not receive, or be entitled to claim this credit against the basic unified City services fee charged to business and business establishments in subsection (b)(1), (2) and (3) hereof.
   If, upon application to the City Clerk, the credit is disallowed, the business, or business establishment, may request a hearing before the Municipal Judge of the City, whose decision shall govern the parties, subject to the right of the business, or business establishment, to appeal the decision of the City Municipal Court to the Circuit Court of Kanawha County, West Virginia within twenty days of the decision rendered by the Municipal Court, and posting such bond as the Municipal Judge of the City shall, in his, or her discretion, impose.
      (2)   When the aggregate gross income of any person, or persons residing in a domestic establishment maintained and occupied by a resident of the City who is sixty-five years of age, or older, during the fiscal year of the City is less than $10,000.00, and his or her personal property and real property (other than the personal residence maintained and occupied by the applicant have a reasonable fair market value of less than $16,000.00, the charge for basic unified City services of $75.00 per quarter to such person, or persons shall be reduced by a credit of $70.00 per quarter, provided that the resident who maintains and occupies such domestic establishment shall make application for this credit stating, under oath, or affirmation, before a Notary Public, on a form to be provided by the Clerk, relevant facts and qualifications for such credit.  The home owned and occupied by the applicant, and other property exempt from Medicaid eligibility determination, as established by the State office administering Medicaid benefits, shall not be considered, or included in the determination by the Clerk of eligibility for this credit against City services.  The Clerk may ask to see, subpoena records, and/or take action to verify appraisals, bank statements, or such other documentation as the Clerk may otherwise deem necessary to carry out implementation of this credit, and the proper assessment of the basic City services fee.  The rate, charge and credit shall become effective retroactively to the first day of the calendar quarter in which such application is made and filed.
   In the event any persons making application for reduced charges, or the credit referred to in Section 954.02(c)(2) shall submit any false, erroneous, or untrue information relative to the eligibility or qualifications of the applicant for such reduced charge and/or credit as set forth herein, any such person submitting the same on the application form provided by the Clerk shall be assessed, and shall be liable for payment of a penalty of one hundred dollars ($100.00) for each quarter of the year for which a reduced charge and/or credit was claimed on the basis of information submitted which was false, erroneous, or untrue relative to the eligibility or qualifications of the applicant for such reduced charge and/or credit.
   If, upon application to the City Clerk, the credit is disallowed, the person, or domestic establishment, may request a hearing before the Municipal Judge of the City, whose decision shall govern the parties, subject to the right of said person, or domestic establishment, to appeal the decision of the City Municipal Court to the Circuit Court of Kanawha County, West Virginia within twenty days of the decision rendered by the Municipal Court upon such bond as the Municipal Judge of the City shall, in his, or her discretion, impose.
         (Ord. 2009-15.  Passed 9-21-09.)