§ 10-144. Annual reclassification of property.

(a)

On an annual basis, the Owner may request the County to reclassify Residential Property as Commercial Property if the Owner has contracted for Commercial Collection Service for the entire portion of the Fiscal Year during which such property is to be reclassified. An application for reclassification shall be made under oath to the County Manager on forms provided by the County and shall contain, at a minimum, the following:

(1)

The name and address of the Owner or Owners.

(2)

If applicable, the address and legal description of each Dwelling Unit and total number of Dwelling Units located on the Residential Property for which reclassification as Commercial Property is requested.

(3)

Satisfactory evidence of an agreement, which complies with any applicable solid waste franchise or collection ordinances, for the provision of Commercial Collection Service to the property for the entire portion of the Fiscal Year during which such property is to be reclassified.

(4)

A consent to the imposition of an administrative surcharge of twenty-five (25) per cent which may be imposed, at the discretion of the County Manager, if the property is not in fact provided with Commercial Collection Service for the entire portion of the Fiscal Year during which the property is to be reclassified.

(b)

The County Manager shall review the application and, if it meets the foregoing requirements, shall approve the request for reclassification as Commercial Property.

(c)

If the Solid Waste Collection Assessment for a parcel of Residential Property reclassified as Commercial Property pursuant to subsection (a) has not been paid for the Fiscal Year during which such property has been reclassified, the Solid Waste Collection Assessment may be reduced by an amount equal to one-twelfth ( 1/12 ) of the Solid Waste Collection Assessment imposed in respect to such property for each full month during which the property was or will be provided with Commercial Collection Service.

(d)

If the Solid Waste Collection Assessment for a parcel of Residential Property reclassified as Commercial Property pursuant to subsection (a) has been paid for the Fiscal Year during which such property has been reclassified and if proof of payment is provided to the County Manager, the Owner shall be entitled to a refund in an amount equal to one-twelfth ( 1/12 ) of the Solid Waste Collection Assessments imposed in respect of such property for each full month during which the property was or will be provided with Commercial Collection Service. Refunds shall be made within forty-five (45) days of the date application therefor is made by the Owner to the County Manager.

(e)

Any Owner who is denied a request:

(1)

To have Residential Property reclassified as Commercial Property pursuant to subsection (a);

(2)

To waive the administrative surcharge referenced in subsection (a);

(3)

To have a Solid Waste Collection Assessment reduced pursuant to subsection (b); or

(4)

To receive a refund pursuant to subsection (c);

shall have a right of review by a review committee composed of the County Manager, the County Attorney and one (1) member of the Board. Any request for review by such a review committee shall be filed with the County Manager within fifteen (15) days of notification of the County Manager's decision. Failure to file such request for review within the time permitted shall constitute a waiver of any right to review. The review committee shall review the denial within thirty (30) days of the filing of the request for review. If the review committee upholds the decision of the County Manager, the Owner shall have a further right of review by the Board. Any request for review by the Board shall be filed with the County Manager within fifteen (15) days of notification of the review committee's decision. Failure to file such request for review within the time permitted shall constitute a waiver of any right to further review. The Board shall review the matter within sixty (60) days of the filing of the request for review.

(f)

The Board may, by resolution, adopt a fee schedule in order to defray the administrative costs of considering and processing applications made pursuant to this section.

(Ord. No. 2006-53, § 4, 10-10-06)