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(A) There is hereby imposed upon all users of municipal services provided by the city pursuant to W. Va. Code 8-13-13, as amended, a municipal service fee for each lot or parcel of land containing any building or structure owned by each such user.
(B) The municipal service fee shall be imposed at an annual rate as follows.
(1) There is hereby imposed upon the owners of all occupied residential building structures an annual flat municipal service fee of $100, or other amount deemed appropriate by the Municipal Court.
(2) There is hereby imposed upon the owners of all non-owner-occupied residential rental buildings (NON-OWNER-OCCUPIED is defined as property that is not the primary residence of the property owner) an annual flat municipal service fee of $150, or other amount deemed appropriate by the Municipal Court, for each non-owner-occupied residence within said building.
(3) There is hereby imposed upon the owners of all commercial, industrial, manufacturing, educational, institutional, and governmental buildings or structures in the city, an annual basic municipal service fee of $275, or other amount deemed appropriate by the Municipal Court.
(Ord. passed 3-2-2009; Ord. passed 3-5-2018)
(A) The City Finance Manager shall administer this subchapter under the direction of the City Clerk. The Finance Manager shall set up an account for each such user and shall charge the municipal service fee to each such user on an annual basis, in advance.
(B) The Finance Manager is hereby authorized to promulgate such rules and regulations as are necessary and reasonable to carry out the provisions of this subchapter, with the approval of the Common Council, which regulations shall have the same effect as if fully set forth in this subchapter after adoption by the Common Council by ordinance.
(Ord. passed 3-2-2009)
(A) This subchapter shall become effective from passage. The municipal service fee imposed under this subchapter shall be payable on July 1, 2009, and on the same day of each year thereafter and may be paid in four equal quarterly installments, on July 1, October 1, January 1, and April 1 each year.
(B) Each installment of the municipal service fee shall be due within 30 days of the due date aforesaid. Fees not paid within 30 days of their issuance shall be delinquent. There shall be added to each delinquent account a penalty of 10% per annum of the then due municipal service fee.
(Ord. passed 3-2-2009)
There shall be excepted from the operation of this subchapter, and the payment of the municipal service fee hereby established, those properties used solely for religious purposes, as well as properties occupied by benevolent associations and used exclusively for meetings of such associations; provided, that properties occupied by benevolent associations which are available for use or rental by the public to hold parties or other events not attended exclusively by members of the association and their guests, or are regularly used for the dispensing of food and/or alcoholic or nonalcoholic beverages to the membership of such associations or others shall not be exempted from the operation of this subchapter and the payment of the municipal service fee hereby established.
(Ord. passed 3-2-2009)
(A) There shall be established a Municipal Service Fee Appeals Board, consisting of three members whose terms shall be two years. The term of the initial Board members shall end on June 30, 2001. One member shall be a Council member selected by the Mayor, one shall be a representative of the Chamber of Commerce, and the third shall be a resident of the city selected by Council. Members shall serve at the will and pleasure of Council. Any vacancy for whatever cause shall be filled by an appointment made by the official that appointed the individual that is no longer on the Board.
(B) The Board shall have the power to correct the amount of the fees charged whenever there has been an error of fact or law in the calculation or billing based upon evidence presented at a protest hearing as provided in this subchapter. The determination and order of the Board shall be by a majority vote of the members present and voting.
(Ord. passed 3-2-2009)
(A) Any user who feels aggrieved by any charge to his or her municipal service fee account may protest the same by filing written notice of such protest with the City Treasurer setting forth his or her objections thereto and the reasons therefor, on of before the due date of his or her next installment payment. The City Finance Manager shall review such user’s account, render a decision on the protest, and forthwith notify the user of such decision in writing within 15 days of the filing of the protest. If the user is still aggrieved, he or she may, within 15 days of the date of the Finance Manager’s decision, petition the Municipal Service Fee Appeal Board, who shall set a date and a time for hearing on the protest, which hearing shall be held within 30 days from the filing of such appeal.
(B) The Appeal Board shall hear evidence relevant to the protest and shall render its decision on the issues raised at said hearing within 20 days after the hearing, giving notice of its decision in writing to the user and to the city’s Finance Manager. The user may, within 30 days from the date of the decision of the Appeal Board, file a petition, duly verified, with a court of competent jurisdiction, requesting review of the Board’s decision. If no such petition be filed within 30 days, the decision of the Appeal Board shall become final and conclusive. Nothing herein shall be construed to prohibit the accrual during the course of this appeal process of any penalty upon the balance of any account ultimately found to be properly charged.
(Ord. passed 3-2-2009)
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