05-07-2012 Proposed Amendment to Chapter 17 of the Pittsylvania County Code-Proposed Solid Waste FeePUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a public hearing at 7:00 p.m. on
Monday, May 7, 2012, in the General District Courtroom of the Edwin R. Shields
Courthouse Addition in Chatham, Virginia, to receive citizen input on proposed
amendment to Pittsylvania County Code Chapter 17. Pursuant to the provisions of and
authority contained in Section 15.2-2159 of the Code of Virginia, 1950, as amended, the
Pittsylvania County Board of Supervisors does hereby proposed to establish a Solid
Waste Disposal Fee. Full text of the proposed amendment is available in the Office of
the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through
Friday, between the hours of 8:00 a. m. and 5:00 p. m., as well as on the County's
website at www.pittgov.org.
PITTSYLVANIA COUNTY CODE
CHAPTER 17
ARTICLE III
Solid Waste Disposal Fee
Sec. 17-11. Title; Incorporation of State Code
Sec. 17-12. Solid Waste Disposal Fee; Fee Schedule; Use of Fee; Effective Date
Sec. 17-13. Payment of Solid Waste Disposal Fee
Sec. 17-14. Collection of Solid Waste Disposal Fee; Commission
Sec. 17-15. Due Date for Solid Waste Disposal Fee
Sec. 17-16. Application of Solid Waste Disposal Fee to Towns in County
Sec. 17-17. Late Payment Provisions, Lien
Sec. 17-18. Partial Exemption for Qualified Elderly or Disabled Persons
Sec. 17-19. Application of Solid Waste Disposal Fee to Rental Property; Affidavit of Vacancy
Sec. 17-20. Solid Waste Disposal Regulations; Scavenging; Ownership of Solid Waste
Sec. 17-21. Violations of Chapter
Sec. 17-22. Severability
Sec. 17-11. TITLE; INCORPORATION OF STATE CODE.
This ordinance shall be known as the "Solid Waste Disposal Fee Ordinance" of the County of
Pittsylvania, Virginia. The terms and provisions of Section 15.2-2159 of the Code of Virginia,
1950, as amended, are adopted and incorporated herein by express reference and deemed a part
of this Article.
Sec. 17-12. SOLID WASTE DISPOSAL FEE; FEE SCHEDULE; USE OF FEE;
EFFECTIVE DATE.
Pursuant to the provisions of and authority contained in Section 15.2-2159 of the Code of
Virginia, 1950, as amended, the Pittsylvania County Board of Supervisors does hereby establish
a Solid Waste Disposal Fee. A Solid Waste Disposal Fee Schedule shall be adopted annually by
the Board of Supervisors, via Resolution, following a duly advertised and conducted public
hearing. Said fee shall not exceed the actual cost incurred by Pittsylvania County (the "County")
in procuring, developing, maintaining, and improving its Landfill and for such reserves as may
be necessary for capping and closing such Landfill in the future. Such fee shall be deposited in a
special account to be expended only for the purposes for which it was levied. The County's
Solid Waste Disposal Fee shall be effective on or after July 1, 2012.
Sec.17-13. PAYMENT OF SOLID WASTE DISPOSAL FEE.
Every person owning or operating any house, apartment, rental house, rental residential unit,
multiple residential units, trailer camp, or trailer court ("households") in the County or the
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Towns contained in the County shall pay said Solid Waste Disposal Fee based on said Solid
Waste Disposal Fee Schedule.
Sec. 17-14. COLLECTION OF SOLID WASTE DISPOSAL FEE; COMMISSION.
The County may either collect the fee itself, or enter into a contractual agreement to be
negotiated by the County Administrator, or his/her designee, with a public service corporation as
set forth and authorized in Section 15.2-2159 of the Code of Virginia, 1950, as amended, for the
collection of the fee. The commission for such collection service shall not exceed five percent
(5%) of the amount of the fees due and collected.
Sec.17-15. DUE DATE FOR SOLID WASTE DISPOSAL FEE.
Unless collected by a public service corporation pursuant to Section 17-14 supra, an invoice for
said fee shall be included in the semi-annual real estate tax assessment mailings. Payment of
said fee shall be made to the Pittsylvania County Treasurer's Office. Households assessed the
Solid Waste Disposal Fee shall have the option of paying said fee annually or semi-annually. If
collected by the County, the Solid Waste Disposal Fee shall be due and owing each year, no later
than the fifth (5`h) day of June and the fifth (5`~') day of December of each year. Therefore, since
the effective date of the County's Solid Waste Disposal Fee is July 1, 2012, the due date of the
first payment of said fee shall be December 5, 2012, and payment thereafter shall be due on the
aforementioned dates for each year thereafter. Said fee shall be pro-rated if verification of
residency is less than twelve (12) months.
Sec. 17-16. APPLICATION OF SOLID WASTE DISPOSAL FEE TO TOWNS IN
COUNTY.
Households located in the Towns of Hurt, Gretna, and Chatham shall also be assessed the Solid
Waste Disposal Fee in accordance with the provisions of this Article.
Sec.17-17. LATE PAYMENT PROVISIONS; LIEN.
(a) If payment of the fee is not made, then a notice of delinquency will be mailed to each
property owner(s) not having paid the fee, advising that collection proceedings will begin in
thirty (30) days. Supplemental assessments may be issued after the due dates and such
assessments will be due thirty (30) days after mailing.
(b) Any person, owner, or household who fails to make payment of such fee or fails to make
payment of such fee in a timely manner shall be required to pay penalty on said fee as set forth in
§ 58.1-3916 of the Code of Virginia, 1950, as amended.
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(c) Any person, owner, or household who fails to make payment of such fee or fails to make
payment of such fee in a timely manner shall be required to pay interest on said unpaid fee as set
forth in § 58.1-3916 of the Code of Virginia, 1950, as amended.
(d) Any payment of the Solid Waste Disposal Fee shall be credited first against the most
delinquent Solid Waste Disposal Fee account due and owing.
(e) Payment of all due and owing Solid Waste fees, penalties, and accrued interest shall be
required prior to approval of an application for rezoning, special exception, variance, or other
land use permit.
(f) Failure to pay the Solid Waste Disposal Fee can result, after due process, in the
placement of a lien on the property in question in favor of the County.
Sec.17-18. PARTIAL EXEMPTION FOR QUALIFIED ELDERLY OR DISABLED
PERSONS.
As authorized by Section 15.2-2159(D)(6) of the Code of Virginia, 1950, as amended, there is a
partial exemption of fifty percent (50%) from this Solid Waste Disposal Fee for households of
the elderly and/or disabled who qualify for such exemptions. Said exemption shall be governed
by the conditions and income criteria as set forth in Section 6-6 of the Pittsylvania County Code,
as amended. Any and all information of or related to income or disability, and verification of
same, shall be provided upon application for said exemption in accordance with the policy and
procedures set forth by the Pittsylvania County Board of Supervisors and/or the Pittsylvania
County Commission of the Revenue's Office.
Sec. 17-19. APPLICATION OF SOLID WASTE DISPOSAL FEE TO RENTAL
PROPERTY; AFFIDAVIT OF VACANCY.
The owner(s) of record of any apartment, rental residential unit, rental house, multiple residential
units, trailer camp, or trailer court, shall be responsible for payment of the Solid Waste Disposal
Fee. Initially, a Solid Waste Disposal Fee shall be assessed, individually, to/for each rental unit.
However, a Solid Waste Disposal Fee shall not be due and owing for/on any vacant rental unit.
It shall be the responsibility of the owner(s) of record or operators of said rental property to
notify the Pittsylvania County Commissioner of Revenue's Office of any vacancies in rental
units within thirty (30) days of receipt of any Solid Waste Disposal Fee invoice/assessment.
Following said notification, the burden of proof shall be on the owner(s) or operators of the
rental property to demonstrate and prove to the reasonable satisfaction of the Commissioner of
Revenue's Office the vacancies of/in any rental unit(s). The Solid Waste Disposal Fee shall be
prorated accordingly for any vacancies in rental property proven to the reasonable satisfaction of
the Commissioner of the Revenue's Office. Payment for said proration/reimbursement shall be
made by the Pittsylvania County Treasurer's Office, after submission of an exoneration report
and appropriate documentation by the Commissioner of Revenue's Office. Finally, said notice
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of vacancies shall be evidenced by a signed and sworn to Affidavit of Vacancy. The Affidavit of
Vacancy form shall be provided by the Pittsylvania County Commissioner of Revenue's Office.
Any misstatement, falsehood, or misrepresentation on the Affidavit of Vacancy shall be deemed
fraud, prosecuted by the appropriate County entity to the fullest extent of the law, and may
subject the Affiant(s) to criminaUcivil penalties, fines, and incarceration.
Sec. 17-20. SOLID WASTE DISPOSAL REGULATIONS; SCAVENGING;
OWNERSHIP OF SOLID WASTE.
It shall be unlawful to dump, destroy, or otherwise dispose of solid waste within the
jurisdictional limits of the County of Pittsylvania, Virginia, except at approved and designated
solid waste disposal facilities, subject to the following limitations and conditions:
(a) Only household trash, residential waste, and compactible refuse shall be deposited at
solid waste convenience centers.
(b) No business, industrial, construction, demolition, medical, automotive, yard or
landscaping, or commercial waste shall be deposited at solid waste convenience centers.
(c) No solid waste shall be deposited at solid waste convenience centers by non-County
residents, except as provided or by local, state, or federal anti-littering programs.
(d) Unless subject to a special contract approved by the Pittsylvania County Board of
Supervisors, no solid waste generated or originating from outside of the County shall be
deposited in the Landfill.
(e) The following items shall also not be deposited at solid waste convenience centers:
(1) Explosives, gasoline, kerosene, and waste oil.
(Z) Furniture or other bulky residential items that will not fit into a compactor
chamber.
(3) Dead animals.
(4) Materials which constitute a hazard to personnel handling solid waste or to the
public.
(f) It shall be unlawful to scavenge or attempt to salvage materials from waste delivered to
or deposited at a convenience center site or the Landfill.
(g) Upon delivery of solid waste to an approved disposal site, all rights of ownership and
exclusive possession to lawfully deposited solid waste shall vest in Pittsylvania County.
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Sec.17-21. VIOLATIONS OF CHAPTER.
A violation of the provisions of this Article shall constitute a Class 2 misdemeanor. Each day's
continuance of a violation of this Ordinance is considered to be a separate offense.
Sec.17-22. SEVERABILITY.
Should any section or provision of this Ordinance be declared by a court of competent
jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or
any part thereof, other than the part so declared to be invalid.
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