11-4.3 General Exemptions.
a. The following are exemptions to the collection requirement set forth in subsection 11-4.2 available upon grant by City, for each of which conclusive evidence must be established to the satisfaction of City:
1. Upon satisfactory evidence submitted on an annual basis (or such other time as may be reasonably requested by City), by the residential property owner that no food is prepared or consumed on the property by the current occupant(s);
2. Upon satisfactory evidence submitted on an annual basis (or such other time as may be reasonably requested by City), by the residential property owner that no solid waste of any kind is being generated on the property by the current occupant(s);
3. Upon satisfactory evidence submitted on an annual basis (or such other time as may be reasonably requested by City), by the residential property owner that the property is not connected to water and electrical power and that water and electrical power cannot be provided to such property without action by a public utility or mutual water company; provided that such exemption shall terminate upon occupancy of such property; or
4. Upon satisfactory evidence submitted on an annual basis (or such other time as may be reasonably requested by City), by the residential property owner that the property is a vacation home (not primary home) used exclusively by the property owner and the property is not rented at any point during the year for use by other than the property owner. Listing the home as any kind of rental will be cause for denial or termination of the exemption.
b. The application for an exemption or renewal of an already authorized exemption must be initiated by the property owner even if the property owner does not occupy the property. Any property owner claiming an exemption shall file a statement under oath or under penalty of perjury with City stating the facts upon which exemption is claimed and, in the absence of such statement substantiating the claim, such person shall be liable for the payment of the solid waste collection fees required by this section.
c. Applications for exemption or renewal of an already authorized exemption may require an on-site inspection by Contractor or City staff.
d. In the event an exemption is granted by City, it may be reviewed as needed to determine whether the exemption still applies.
e. Any citation for a garbage-related code violation will be cause for termination of an approved exemption and universal service will immediately be required.
f. City, after giving notice of not less than ten (10) days and a reasonable opportunity for hearing to any person claiming an exemption pursuant to this Subsection 11-4.3, may revoke any exemption granted upon information that the person is not entitled to the exemption as provided herein.
g. Approved exemptions are not transferrable. (Ord. #198-2017)