Utah Code 19-6-506. Schedule of fees — Classification of property — Collection of delinquent fees
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Terms Used In Utah Code 19-6-506
- Governing body: means the governing board, commission, or council of a public entity. See Utah Code 19-6-502
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Jurisdiction: means the area within the incorporated limits of:(7)(a) a municipality;(7)(b) a special service district;(7)(c) a municipal-type service district;(7)(d) a service area; or(7)(e) the territorial area of a county not lying within a municipality. See Utah Code 19-6-502
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public entity: means :
(13)(a) a county;(13)(b) a municipality;(13)(c) a special service district under Title 17D, Chapter 1, Special Service District Act;(13)(d) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act; or(13)(e) a municipal-type service district created under Title 17, Chapter 34, Municipal-Type Services to Unincorporated Areas. See Utah Code 19-6-502- Solid waste: means a putrescible or nonputrescible material or substance discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the time of discard or rejection, including:
(21)(a)(i) garbage;(21)(a)(ii) refuse;(21)(a)(iii) industrial and commercial waste;(21)(a)(iv) sludge from an air or water control facility;(21)(a)(v) rubbish;(21)(a)(vi) ash;(21)(a)(vii) contained gaseous material;(21)(a)(viii) incinerator residue;(21)(a)(ix) demolition and construction debris;(21)(a)(x) a discarded automobile; and(21)(a)(xi) offal. See Utah Code 19-6-502(1)(a) The governing body of any public entity may by ordinance or resolution establish a schedule of fees to be imposed and assessed on property within its jurisdiction the revenue from which shall be used for solid waste purposes.(1)(b) In establishing a schedule of fees, the governing body shall classify the property within its jurisdiction based upon the character and volume of waste occurring from the various property uses subject to this part.(1)(c) If the governing body makes solid waste facilities available to a public entity as provided in Section 19-6-505, it shall charge a fee to that public entity, calculated in the same way as fees assessed on property within the jurisdiction of the governing body.(2)(2)(a) The governing body may impose, assess, and collect a reasonable fee for each classification of property established and divide the property within its jurisdiction according to the classifications.(2)(b) It may also establish classifications of property for which services may be provided for no fee or a reduced fee and determine the eligibility requirements for inclusion in the classifications upon application by property owners on a case-by-case basis.(2)(c) The governing body shall impose and assess the appropriate fee established for each classification and division of property by ordinance or resolution, and provide therein for the billing and collection of the fees on an annual or more frequent basis as it shall determine to be necessary or appropriate.(2)(d) The ordinance or resolution may provide that the fees imposed and assessed may be billed and collected by the county treasurer as a part of the regular, ad valorem property tax notice, billing, and collection system of the county, if it is feasible to do so, unless the public entity imposing and assessing the fees has an existing service or utility billing and collection system which can be used for this purpose.(3) County treasurers may include the fees certified to them pursuant to this part on the general, ad valorem tax notice and collect and remit the fees in the manner and as a part of the tax collection system including the collection of delinquent fees in the manner provided by law for tax delinquencies.(4) Any governing body which uses the general property tax billing and collection system of a county to bill and collect the fees imposed and assessed under this part shall reimburse the county for the actual costs thereof annually, which costs include the materials, equipment, and supplies used and the labor involved plus a factor added for overhead and general and administrative expenses.