§ 54-29. Collection of municipal solid waste and recyclable materials; collection fees.

(a)

The county shall offer municipal solid waste and recyclable material collection services to all owners of improved property and eligible commercial establishments located in the unincorporated areas of the county. This collection service may be provided by the county or by a contractor. Pursuant to G.S. 153A-292(b), the county may impose an annual fee per dwelling or dwelling unit for this collection service, 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 collection fee shall not exceed the direct and indirect cost of collection of municipal solid wastes and recyclable materials. The collection fee shall be billed with the property taxes of any improved property owner who elects to take advantage of this municipal solid waste and recyclable materials collection service. It shall be subject to the same discount, interest, penalties and discovery procedures as property taxes. The collection fee shall be a lien on the real property described on the bill that includes the fee.

(b)

Until September 30, 2017, each owner of improved property who has been receiving municipal solid waste collection services during the fiscal year beginning on July 1, 2016, and ending on June 30, 2017, shall have the opportunity to reject the municipal solid waste and recyclable materials collection services offered by the county under this section for the fiscal year beginning July 1, 2017, and ending June 30, 2018. If an owner rejects such services, then the collection fee shall be removed from the 2017 property tax bill for the owner's improved property. If an owner fails to reject collection services by September 30, 2017, then collection services will continue to be provided and billed. As to subsequent fiscal years, each owner of improved property who is receiving municipal solid waste and recyclable material collection services under this section shall have until May 1 of each year to elect to discontinue collection services for the upcoming fiscal year. If an owner fails to discontinue collection services by May 1, then collection services shall continue through the end of the upcoming fiscal year. There shall be no release or refund of the annual collection fee for any current or prior fiscal year except for an assessment of the collection 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 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.

(c)

If an owner of improved property wishes to receive municipal solid waste and recyclable materials collection services after the beginning of a given fiscal, then the owner shall pay the annual collection fee on a pro-rated basis to the public utilities office, in advance, to cover the costs of collection for the remainder of the current fiscal year. Thereafter, the annual collection fee shall be billed and collected as part of the property tax bill of the owner as provided in this section.

(d)

The county will not bill for municipal solid waste collection services only. Rather, each customer participating in the collection services offered by the county under this section shall receive a roll out cart for municipal solid waste and a separate roll out cart for recyclable materials. Although the county does not require a customer to separate recyclable materials from other municipal solid waste, customers are highly encouraged to do so.

(e)

All persons electing to discontinue municipal solid waste and recyclable materials collection services shall provide their name and address to the director, and shall acknowledge in writing that they understand that:

(1)

All municipal solid waste must be brought to the county transfer station;

(2)

It is unlawful to burn municipal solid waste or dispose of it on public or private property, including their own property;

(3)

That no other person, firm or corporation is licensed, franchised or permitted to haul municipal solid waste in the unincorporated areas of the county except for the contractor that collects solid waste and recyclable materials under this section;

(4)

That municipal solid waste may not be brought to the convenience centers operated by the county; and

(5)

That they will be responsible for hauling their municipal solid waste to the county transfer station.

(f)

The county will not provide collection services to the owners of improved property within the corporate limits of any municipality unless the governing body of the municipality adopts a resolution requesting that the county provide collection services under the same terms and conditions as set forth in this section for owners of improved property in the unincorporated areas of the county.

(g)

Any owner of improved property or an eligible commercial establishment requesting additional carts will be billed an annual collection fee for each additional cart.

(Res. of 5-1-17(1); Res. of 6-5-17(1), §§ 5, 6)