1997 Regular Session
To: Environment Prot, Cons and Water Res; County Affairs
By: Senator(s) Rayborn
Senate Bill 2533
AN ACT TO AMEND SECTION 19-5-22, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A HEARING TO DETERMINE THE DELINQUENCY OF A PERSON IN PAYING GARBAGE OR RUBBISH COLLECTION OR DISPOSAL FEES BEFORE SUCH DELINQUENCY WILL RESULT IN THE DENIAL TO SUCH PERSON OF A MOTOR VEHICLE LICENSE TAG; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-5-22, Mississippi Code of 1972, is amended as follows:
19-5-22. (1) Fees for garbage or rubbish collection or disposal shall be assessed jointly and severally against the generator of the garbage or rubbish and against the owner of the property furnished the service. Any person who pays, as a part of a rental or lease agreement, an amount for garbage or rubbish collection or disposal services shall not be held liable upon the failure of the property owner to pay those fees.
(2) Every generator assessed the fees authorized by Section 19-5-21 and the owner of the property occupied by that generator shall be jointly and severally liable for the fees. The fees shall be a lien upon the real property offered garbage or rubbish collection or disposal service.
The board of supervisors may assess the fees annually. If the fees are assessed annually, the fees for each calendar year shall be a lien upon the real property beginning on January 1 of the next immediately succeeding calendar year. The person or entity owing the fees, upon signing a form provided by the board of supervisors, may pay the fees in equal installments.
If fees are assessed on a basis other than annually, the fees shall become a lien on the real property offered the service on the date that the fees become due and payable.
No real or personal property shall be sold to satisfy any lien imposed under this subsection (2).
The county shall mail a notice of the lien, including the amount of unpaid fees and a description of the property subject to the lien, to the owner of the property.
(3) Liens created under subsection (2) may be discharged by filing with the circuit clerk a receipt or acknowledgement, signed by the designated county official or billing and collection entity, that the lien has been paid or discharged.
(4) Within ninety (90) days after the fees assessed in Section 19-5-21, Mississippi Code of 1972, are due, the board of supervisors shall give at least three (3) weeks' notice in writing by United States registered or certified mail to any person who appears to be delinquent in the payment of such fees that, at a specified time and place within the county, a hearing will be held to determine whether or not such person has failed or refused to pay such fees and advising him that no new motor vehicle license tag will be issued in his name nor any current motor vehicle license tag in his name renewed until any such fees found to be delinquent are paid. Hearings shall be conducted under oath and shall be recorded verbatim stenographically by a court reporter or electronically. The board of supervisors may designate a hearing officer to conduct such hearings. Any such hearing officer must be a member of the board of supervisors or a member of the Mississippi Bar. A hearing officer who is not a member of the board of supervisors may be compensated for his services. The hearing officer shall submit his findings and recommended decision, along with the record, to the board of supervisors, which may accept or reject such findings and recommendation without an additional hearing; and such action shall be considered a final and conclusive action of the board of supervisors unless an appeal is taken as provided in Section 11-51-75, Mississippi Code of 1972.
* * * The board of supervisors may notify the tax collector of any final finding of delinquency made pursuant to this subsection. Upon receipt of a delinquency finding, the tax collector shall not issue or renew a motor vehicle road and bridge privilege license for any motor vehicle owned by a person who is delinquent in the payment of fees unless those fees, in addition to any other taxes or fees assessed against the motor vehicle, are paid, and such person presents proof of payment thereof satisfactory to the tax collector.
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* * * Once a person has been finally determined to be delinquent, the designated county official or the billing and collection entity shall notify, in writing, that person * * * that his motor vehicle license tag will not be issued or renewed until the delinquent fees are paid; and such official or entity shall enclose the procedure required for payment of the delinquent fees.
SECTION 2. This act shall take effect and be in force from and after its passage.