§ 34-65. Annual solid waste recycling and disposal user fee roll.

(a)

After the adoption of the annual budget for the solid waste recycling and disposal system and not later than the date that the county tax books are transmitted by the auditor to the county pursuant to S.C. Code 1976, § 12-39-140, the auditor shall prepare the annual solid waste recycling and disposal user fee roll. Such roll shall contain a summary description of each parcel of real property within the county, including use classification in accordance with the classifications established by the county council, the name and address of the owner of each such parcel, and the amount of the annual solid waste recycling and disposal user fee applicable to each such parcel of real property. The summary description of each such parcel of real property shall be in such detail as to permit ready identification of each such parcel on the annual solid waste recycling and disposal user fee roll. The information specified to be included in the annual solid waste recycling and disposal user fee roll shall conform to that maintained by the auditor on the tax books with respect to real property within the county.

(b)

The county council may review the annual solid waste recycling and disposal user fee roll prepared by the auditor and may make such changes or additions as necessary to conform such roll with the county's ordinances. If, upon the completion of any such review, the county council is satisfied that the annual solid waste recycling and disposal user fee roll has been prepared in conformity with the county's ordinances, it shall ratify and confirm such roll and certify the roll to the treasurer for collection.

(c)

No ministerial act of omission or commission on the part of the auditor, the treasurer, the office or county council shall operate to defeat the payment of the annual solid waste recycling and disposal user fee provided that, however, any ministerial act of omission or commission may be corrected at any time by the officers or party responsible for it in like manner as provided under this article for performing such act in the first place, and when so corrected, it shall be construed as valid ab initio and shall in no way affect any process by law for the enforcement of the annual solid waste recycling and disposal user fee imposed under the provisions of this article.

(d)

The county council shall have the authority, at any time, upon its own initiative or in response to a petition from any affected owner of real property, to correct any error of omission or commission in the adoption of any annual solid waste recycling and disposal user fee roll or in the implementation of this article.

(e)

At any time within two years of the first day of the year during which an annual solid waste recycling and disposal user fee is imposed, any owner of real property within the county may petition the county council to correct any asserted error of omission or commission in relation to his property in the adoption of such annual solid waste recycling and disposal user fee or in the implementation of this article by filing with the county council a written petition containing the name of the owner, a legal description of the real property affected, a summary description of the asserted error and the relief requested of the county council. Such petition shall be considered by the county council at any regular or special meeting.

(f)

When it appears that the annual solid waste recycling and disposal user fee should have been charged under the provisions of this article against the owner of any parcel of real property within the county, but such owner or such parcel of real property was omitted from or incorrectly charged on the appropriate annual solid waste recycling and disposal user fee roll because of error or otherwise, the county council shall charge the applicable annual solid waste recycling and disposal user fee for the prior two years if such real property was subject to an annual solid waste recycling and disposal user fee for either of such prior two years.

(g)

The charge for prior years shall be subject to the same penalties as current charges.

(Ord. No. 96-22, § 8, 12-9-1996)