El Paso City Code § 9.04.530 Fees general.
9.04.530 - Fees general.
Fees for collection, disposal, processing, environmental services, and other fees as set forth in this chapter are established and required and paid as provided herein.
A. Residential properties fees.
1. Base rate. Each residential property unit for which service has been initiated pursuant to this chapter shall be charged the established monthly fee.
2. Senior and disabled citizens discount. The monthly charge for residential property unit which is owned and occupied, or rented and occupied by a person sixty-five or more years of age or by a person who presents proof of disability in accordance with this section will be discounted by the stated percentage or amount stated in the budget resolution or other duly adopted resolution of the city council. The fee discount shall only apply to the first cart. No fee discount shall be granted or remain in effect unless the following conditions are met:
a. The person claiming such discount must be sixty-five or more years of age, or must present proof of disability when the discount is requested and must file a notarized application on a form provided by the department.
b. A written request for such discount may be filed with the department at any time when the applicant reaches eligibility and will take effect at the first billing cycle which starts thirty calendar days thereafter, remaining in effect until eligibility lapses. Such request shall give the street address, dwelling unit number, if any, and the water utilities account number of the property being served, the name and addresses of the owner-occupant or renter-occupant, the day and year of his birth in the case of a person sixty-five or more years of age, and a substantiating document in the case of a disabled person. The request shall be signed by the person seeking the discount or someone authorized by him and having personal knowledge of the facts.
c. Proof of age shall consist of one of the following:
i. If the person seeking the discount presents a valid driver's license or state-issued identification card showing the day and year of birth;
ii. If the person seeking the discount currently holds a Sun Metro Senior Citizen reduced fare card;
iii. If the request is signed by the director of a city senior citizen center or nutrition center or other agency approved by the department.
iv. All other requests shall be verified by the signed and sworn affidavit of the person seeking the discount or someone authorized by him and having personal knowledge of the facts.
d. Proof of disability shall consist of one of the following:
i. Certification from the Social Security Administration that the applicant is the recipient of a social security or supplemental security income disability pension;
ii. Certification from the proper administrative officer that the applicant is the recipient of a public disability pension and classified one hundred percent disabled; or
iii. Certification from the Veterans Administration that the applicant is the recipient of the Veterans Administration disability payments and classified one hundred percent disabled.
e. The person claiming a discount must be the same person who is billed by the water utilities for water service to the residence to which such discount applies.
f. Approved discounts are not transferable to another person or address.
g. No person shall be entitled to a discount for more than one residence at the same time and only for the residence the person occupies, nor shall any person be entitled to claim both a sixty-five years and over discount and a disabled discount at the same time.
h. In all cases, the director shall have the right to investigate the information given on requests for discount, and to make reasonable requirements for supporting evidence.
i. The discount provided in this section shall not apply to charges for additional carts, special collections, collection of solid waste from commercial properties and mixed-use properties, or from any location of any type utilizing containers or roll-offs.
j. Any change which results in loss of eligibility for a discount for a residence will be reported to the department within thirty calendar days, and full charges will be restored during the next billing cycle.
k. Eligibility for the senior and disabled citizens' discount shall lapse at the end of each anniversary of determination of eligibility.
l. The director shall have the authority to investigate and verify that applicants continue to be eligible for this discount.
m. The discount shall in no way be considered as approval of sidedoor collection under Section 9.04.100. Such approval must be separately requested pursuant to that provision, and if granted shall result in the termination of any discount provided under this section.
n. Persons receiving sidedoor collection under Section 9.04.100 are not eligible for the discount.
3. Failure to comply with residential carts/containers requirements. In addition to any other actions or remedies the city may pursue, in the case of residential municipal solid waste accounts, the city shall charge the established fee to a person who fails to comply with the requirements regarding the carts or containers.
B. Commercial properties and mixed-use properties fees. The established monthly fee for services provided pursuant to this chapter by the city from commercial properties and mixed-use properties shall be charged.
C. Construction or demolition material and other waste fees. The established fee for services provided pursuant to this chapter by the city of construction or demolition material and other waste shall be charged.
D. Other fees.
1. Each person or entity requesting or needing the delivery or relocation of a cart, container, or roll-off provided by the city, each person or entity who cancels cart, container, or roll-off service provided by the city, and each person or entity who requests special services from the city such as the collection and disposal of bulk waste, infectious waste, dead animals, or an extra collection shall be charged the established service charges and special collection fees.
2. The service charges shall be imposed each time a cart, container, or roll-off is delivered, moved or relocated by the department or recovered by the department due to cancellation of service.
3. The special collection service fees shall be imposed for extra collections, unscheduled collections, collections for bulk waste, collection of infectious waste, and collections of dead animals as defined in this chapter.
4. The established cart, container, and/or roll-off replacement fee shall be charged for the replacement of cart, container, and/or roll-off that are lost, burned, damaged or destroyed by the customer and the customer requests replacement or the director determines that the cart, container, and/or roll-off is no longer serviceable by the department.
E. The department of environmental services shall be authorized to charge the established fee as a related cost to providing the solid waste disposal utility to service due to the wear and tear on the city's rights-of-way caused by the use of the city sanitation vehicles in providing the utility service, and that the reasonable return generated by the franchise fee be transferred to the city general fund to be appropriated by the city council as deemed appropriate.
F. Environmental services fee. The owner, agent or occupant of every residence, business, establishment, industrial, educational, institutional, religious or other premises shall be charged the established monthly user service fee. Such fee shall relate to the provision of environmental services by the city and is intended to defray city expense necessary to cleaning up illegally dumped waste, compliance with environmental laws, collecting and disposing of dead animals from public rights of way and equitably sharing costs for business and neighborhood area cleanups and graffiti removal, benefiting residents and businesses in the city.
G. Shopping cart recovery fee. The shopping cart recovery fee is established and shall apply per shopping cart recovered by its owner from the city, subject to the conditions specified in Section 9.04.920C of this chapter.
(Ord. No. 17380, § 1, 8-24-2010; Ord. No. 17471, § 1, 12-21-2010; Ord. No. 18123, § 15, 2-4-2014; Ord. No. 18829, § 1, 8-14-2018)