<div class="chunk-title">Sec. 54-30. - County disposal facilities; disposal fees; tipping fees.</div>
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            <p class="incr0">
               (a)
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            <p class="content1">
               Pursuant to G.S. 153A-292(b), the owner of each improved property located in the unincorporated
               areas of the county shall be assessed an annual disposal fee per dwelling or dwelling
               unit for the use of the county disposal facilities, which fee shall be established
               from time to time pursuant to G.S. 153A-102 and imposed and collected on a fiscal
               year basis. The disposal fee shall not exceed the direct and indirect cost of operating
               the county disposal facilities. The disposal fee shall be billed with the property
               taxes of all owners of improved property located in the unincorporated areas of the
               county. It shall be subject to the same discount, interest, penalties and discovery
               procedures as property taxes. The disposal fee shall be a lien on the real property
               described on the bill that includes the disposal fee. The disposal fee shall be assessed
               in the same manner as real property taxes are assessed.
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            <p class="incr0">
               (b)
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            <p class="content1">
               Inasmuch as all municipal solid waste collected by the county or its contractor under
               <a href="" data-chunk-id="COOR_CH54SOWA_ARTIICODIMUSOWAOTMA_S54-29COMUSOWAREMACOFE" class="section-link" data-product-id="12479">section 54-29</a> is taken to county transfer station for disposal, it shall be conclusively presumed
               that all property owners who use the municipal solid waste and recyclable materials
               collection services provided by the county are users of the county disposal facilities,
               and therefore subject to the disposal fee imposed under this section. Any owner of
               improved property or an eligible commercial establishment requesting additional carts
               will be billed an annual disposal fee for each additional cart.
               </p>
            		
            <p class="incr0">
               (c)
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            <p class="content1">
               It shall be conclusively presumed that owners of improved property who do not use
               the municipal solid waste and recyclable materials collection service of the county
               are users of the county's disposal facilities, and therefore subject to the disposal
               fee imposed under this section. Provided, any owner of a mobile home park or apartment
               complex that uses a commercial dumpster that is served by a private entity shall not
               be required to pay the per dwelling disposal fee assessed under this section.
               </p>
            		
            <p class="incr0">
               (d)
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            <p class="content1">
               It shall be the burden of the property owner to establish that her/his/its property
               is not improved property as defined in <a href="" data-chunk-id="COOR_CH54SOWA_ARTIICODIMUSOWAOTMA_S54-26DE" class="section-link" data-product-id="12479">section 54-26</a>, and therefore not subject to the disposal fee imposed under this section. Upon such
               showing, the assessment for the disposal fee will be removed from the tax bill for
               the next fiscal year and subsequent years. There will be no release or refund of the
               disposal fee for any current or prior fiscal year except for an assessment of the
               disposal fee due to clerical error by the county, which release or refund must be
               approved by the board or its designee. Failure of the owner to timely notify the county
               and establish that an unoccupied dwelling or dwelling unit is unfit for human habitation
               (i.e., before May 1 of the ensuing fiscal year) shall not constitute clerical error
               by the county. For purposes of this article, the county shall have no obligation or
               duty to discover on its own that a dwelling or dwelling unit is unoccupied and unfit
               for human habitation.
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            <p class="incr0">
               (e)
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            <p class="content1">
               Pursuant to G.S. 153A-292(b) there is hereby imposed a fee for all commercial users
               of the County's disposal facilities based upon a tonnage rate ("tipping fee") to be
               established from time to time pursuant to G.S. 153A-102. This tonnage rate or tipping
               fee will be charged and collected by account established for the commercial user with
               the county. Tipping fees may vary according to the amount and type of solid waste
               or other material brought to the county disposal facilities.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               Pursuant to G.S. 153A-292(b), the disposal fees and tipping fees imposed under this
               section may be used to cover the direct and indirect cost of operating the disposal
               facilities provided by the county, including the convenience centers, and including
               the cost of transporting municipal solid waste and other materials to their ultimate
               site of disposal.
               </p>
            		
            <p class="historynote0">
               (Res. of 5-1-17(1); Res. of 6-5-17(1), Â§Â§ 7â€”10)
               </p></div>