AN ORDINANCE TO AMEND TITLE 13 OF THE CODE OF EMMITSBURG
ENTITLED PUBLIC SERVICES

BE IT RESOLVED, ENACTED AND ORDAINED, this ______ day of ___________________, 2004, by the Mayor and Board of Commissioners of the Town of Emmitsburg, Maryland, pursuant to the authority granted to them by the laws of Maryland and the Charter of the Town of Emmitsburg, that Title 13, Chapter 13.16 .010 of the Emmitsburg Municipal Code be, be amended as follows:

The amended section of this regulation reads as follows with new wording indicated in BOLD CAPITAL letters and deleted words in [brackets]

13.16.010 Residential garbage collection charges.

The following shall be charged for residential garbage collection:

A. Service Charge. The payment for residential trash removal shall be made from the revenue of the town, and there shall be imposed by the town a charge assessed to the property owners located within the corporate limits in an amount based upon the rate of THIRTY-ONE DOLLARS ($31.00) [twenty-two dollars ($22.00)] quarterly for each residential unit for such services. Such charges shall be assessed at the same time as the quarterly water/sewer bills. This charge is for garbage service only.

B. Tipping Fee. The tipping fee charged to the town's garbage collection contractor by Frederick County for residential trash and garbage dumped at its landfill each quarter shall be prorated among the residential units and shall be charged and collected quarterly.

C. Collection of Charges. If any bill for garbage charges shall remain unpaid after thirty (30) days from the date the bill is sent, the owner of the property served shall be mailed a notice in writing, that the bill is in arrears and that the trash service may be discontinued. A copy of the notice shall be either left on the owner's property or mailed to the owner's last known address. If the bill is not paid within ten days of the date the notice is sent, trash collection services to that property may be discontinued until the unpaid bill is paid in full. If any bill remains unpaid after thirty (30) days from the date of sending the notice, the amount of the unpaid bill shall be collectible from the property owner in the same manner and subject to the same interest as taxes are collectible in Frederick County. The amount due shall then be a first lien on the property. (Ord. 03-08 (part): Ord. 02-06 (part): Ord. 01-07: Ord. 99-08 (part): Ord. 98-12 (part))

BE IT FURTHER RESOLVED, ENACTED AND ORDAINED, that this Ordinance shall take effect on the day of , 2004 and the Town Clerk shall post a copy thereof at the Town Office and one other public place within the Town, as designated by the Mayor on the day of , 2004.

PASSED this day of, 2004

ATTEST:

________________________ ___________________________
Donna Thompson, Town Clerk William B. O’Neil, Jr.
President of the Board of Commissioners


APPROVED this day of, 2004

James E. Hoover, Mayor

VETOED this day of, 2004

James E. Hoover, Mayor


I hereby certify that the foregoing Ordinance has been posted as required by Chapter 2.04 of the Emmitsburg Municipal Code, and as directed by the provisions of this Ordinance.

Date:____________________
Donna DesPres, Town Clerk