§ 49-30. Exemption from mandatory collection requirement.

(a)

Generally. A commercial property or residential property may be exempted from the mandatory collection provisions of this chapter as provided in this section.

(b)

Residential property exemption. A residential property shall be eligible for an exemption from the mandatory solid waste assessment, provided the owner can demonstrate that the property generates no solid waste, as defined in section 49-2, at the time of the application, and is expected not to do so within the following fiscal year, as well as demonstrates that the residential property does not benefit from, or the availability of, solid waste collection and disposal services.

(1)

The residential property owner requesting an exemption under this section shall make application to the county administrator for an exemption. The application shall be made on forms provided by the county and shall contain, at a minimum, the following information:

a.

The name and address of the applicant;

b.

The address of the property for which the exemption is sought;

c.

The reason the exemption is sought;

d.

The facts which reasonably establish the property's lack of solid waste generation;

e.

An application fee in a sum set by the board shall accompany the application.

Such application for exemption for residential property shall be filed with the county administrator prior to April 1 of each year in order to obtain an exemption for the following fiscal year.

(2)

The county administrator shall review the application and shall exempt the property from payment of the applicable residential solid waste assessment upon finding that the customer has demonstrated the property does not generate solid waste and is not expected to do so in the fiscal year following the application.

(3)

Upon approval of an exemption for residential property, the county administrator shall remove such property from the applicable annual solid waste assessment roll for the fiscal year for which it is approved. The county administrator shall notify the collector for the service area in which the residential property is located that an exemption from the mandatory collection requirement has been granted.

(c)

Commercial property exemption. Exemption for residential solid waste generated on such property during the applicable fiscal year may be granted, provided that the person seeking the exemption demonstrates that such residential solid waste is composted on site or recycled and obtains an exemption under the procedures contained herein. This exemption shall only apply to the extent that the person seeking the exemption can demonstrate that such residential solid waste can be properly disposed of by composting on-site or recycling. No exemption shall be granted for the collection or disposal of exempt waste, hazardous waste or biohazardous waste. Any such exemption shall meet the requirements as set out in section 49-23.

(1)

A person requesting an exemption under this section shall make application to the county administrator for an exemption. The application shall be made on forms provided by the county and shall contain, at a minimum, the following information:

a.

The name and address of the applicant;

b.

The name and address of the owner, if different from the applicant;

c.

The address of the property for which the exemption is sought;

d.

The nature of the business which is being conducted at such property;

e.

The reason the exemption is sought;

f.

The proposed method and frequency of removal of residential solid waste by a collector for disposal at the sanitary landfill, including available equipment and facilities;

g.

The proposed method for on-site composting or recycling of residential solid waste;

h.

An application fee in the sum of $100.00 shall accompany application.

Such application for exemption of commercial property shall be filed with the county administrator prior to April 1 of each year in order to obtain an exemption for the following fiscal year. Any application for exemption filed subsequent to June 1 shall be entitled to an exemption for each full month remaining in the fiscal year.

(2)

The county administrator shall review the application and shall exempt the property upon finding that the customer has demonstrated a proper, sanitary and effective method of disposing of the residential solid waste generated on his property.

(3)

Upon approval of an exemption for commercial property, the county administrator shall issue a certificate of exemption, which certificate shall expire at the end of the fiscal year for which it is approved.

(d)

Revocation. In the event that it is determined by the county that any of the representations made in obtaining an exemption are false or that in fact the property is generating residential solid waste, the county administrator shall revoke an exemption and direct the collector to reinstitute collection service to a residential customer's improved property upon confirmation that residential solid waste is being generated, in which event a charge shall be collected on residential property equal to the prorated portion of the residential solid waste assessment for the balance of the fiscal year. In the case of the revocation of a commercial exemption, the owner of the commercial property shall be required to comply with the provisions of section 49-22(f).

(e)

Appeal. Any person [who] which is denied an exemption or whose exemption is revoked shall have a right of appeal to the board. Such notice of appeal shall be filed with the county administrator within 30 days of notification of the denial or revocation of the exemption. Failure to file such appeal shall be deemed to be a waiver of the right. The board shall review the denial or revocation within 40 days of the filing of the appeal.

(Ord. No. 98-06, § 30, 8-13-98)