An Ordinance to amend the City of White Sulphur Springs Municipal Code by amending thereto Chapter seven, Article 761
761.01 IMPOSITION OF CHARGES.
(a) There is hereby levied the following charges payable monthly, against the owner or owners of all residential, commercial, industrial or other building or buildings, of every kind and nature, and regardless of the type or types of construction within the City and against the chattels owned by tenants in such buildings in the City as follows:
FIRE PROTECTION SERVICE CHARGE
Amount of Service Charge
|Type of Building ||Monthly Service Charge ||Annual Service Charge |
|Residence ||$6.00 ||$72.00 |
|Apartment ||$6.00 (per unit) ||$72.00 (per unit) |
|Business (except manufacturers) ||$ 8.50 ||$102.00 |
|Manufacturing Company ||$ 15.00 ||$180.00 |
|Utility ||$ 6.00 ||$72.00 |
|Government Building (other than schools ||$ 8.50 ||$102.00 |
|School ||$15.00 ||$180.00 |
|Church/Sanctuary ||EXEMPT ||EXEMPT |
|Other Church Buildings ||$6.00 ||$72.00 |
(b) Method of Payment
The property owner is primary liable for payments of these charges and will be billed annually by the City of White Sulphur Springs or the volunteer fire department. The property owner may elect to be billed monthly as part of the monthly utility, subject to approval by the governing body.
761.02 Landlords. Rented and Leased Property
If the property owner rents or leases the property, whether residential or commercial, the fee remainsthe same. Also, the fee is applicable for all rental units regardless of whether they are rented. A property owner/landlord may recover the cost of the fee as part of the rent or lease payment, but may not require the tenant to pay the fee separately as part of the tenant’s utility bill.
761.03 Penalties for Late Payments or Non-Payment
A penalty in the amount of ten percent (10%) of the applicable service charge will be imposed for any payment received thirty (30) or more days after it was due. A service charge pursuant to this ordinance shall constitute a debt to the City of White Sulphur Springs, West Virginia, which can be lawfully collected by the City against any delinquent property owner through legal action and remedies provided by the law of the state of West Virginia.
(a) Sanctuaries and church buildings used primary for worship or for other religious purposes are exempt from the fees imposed in this ordinance. However, buildings owned by a church for any other purpose are not exempt.
(b) All buildings owned, in whole or in part, by the City of White Sulphur Springs, West Virginia or any of its subordinate agencies, boards or commissions are exempt from the fees imposed in this ordinance.
(c) The fees imposed in this ordinance do not apply to railroad trackage or to water, gas, electricity or telephone transmission lines that are not within a building and are owned and operated by a public utility duly authorized by the Public Service Commission of the state of West Virginia.
761.05 Contracts with Property Owners Outside Corporate Limits
An owner of property located no more than five (5) miles outside of the corporate limits of the City of White Sulphur Springs, West Virginia, may contract with the City for fire protection. Any such property owner shall pay the same fee provided in this ordinance for similar property located within the corporate limits of the City of White Sulphur Springs, West Virginia.
761.06 Miscellaneous Costs
(a) If a fire occurs on property located outside the corporate limits of City of White Sulphur Springs, West Virginia, and the owner of that property has not contracted with the City for fire protection, that owner will be liable to the City if the White Sulphur Springs volunteer Fire Department responds to that fire. The fee will be a minimum response fee of $400.00, and a fee of $200.00 per hour for each vehicle used in response after the first hour.
(b) The White Sulphur Springs Volunteer Fire Department may fill swimming pools, hot tubs or any other holding tank. The charge for this service shall be $75.00 plus the applicable rate for the amount of water used.
The provisions of the ordinance are severable. If a court of competent jurisdiction finds that any part of this ordinance is invalid for any reason, the remaining portions of this ordinance shall remain in full force and effect.