Southtowns Record

City of Lackawanna – Garbage Collection Fees (2021M-206)

Government
City of Lackawanna
Posted by publisher
Apr 8, 2022
Kind
State audit
Topics
Audits and oversight, Budget and taxes

Publisher's summary

City officials did not always assess and bill garbage fees in accordance with the City Code (Code). Officials also did not provide adequate oversight or develop policies and procedures for assessing and billing garbage fees.

Original document

Text · page 7 of 17

request of a second tote, we question the decision to assess and bill an
  additional fee.
  Although
By not making the appropriate assessment and billing adjustments in a timely
manner, City officials are underbilling for services provided, and there is a risk that
  the Code
future garbage fees will continue to be billed incorrectly.  established
Furthermore, the City collected garbage for and billed 16 properties − 11  a process for
churches, three social organizations, one nonprofit and one private school −
that were not eligible for such services according to the Code. While the DPW  requesting
Commissioner told us that the organizations that own these properties submitted  a user fee
special requests to the Council, he was unable to provide documentation
supporting these requests or Council approval.  exemption,
Due to inadequate policies, a lack of written procedures and a lack of oversight by  City officials
the Council and Mayor, garbage fees were not assessed and billed appropriately.  did not
Without clear written guidance and adequate oversight, City officials are unable
to ensure that property owners are assessed and billed garbage fees fairly  develop
and equitably and in accordance with the Code. The DPW clerk, Treasurer
  written
and Assessor were unable to provide documentation or explanations for the
assessment and billing inconsistencies.  procedures
  for
How Should Garbage Fee Exemptions Be Supported and Processed?
  processing
The Code allows for users who own multiple units to request a garbage fee
exemption for units that will not be occupied. Exemption requests must be made  user fee
by August 31 through a process whereby the property owner makes a sworn  exemption
affidavit under penalty of perjury that a unit is unoccupied and will not be occupied
during the fiscal year for which the user fee applies. The City requires property  requests.
owners to complete a signed and notarized Affidavit Claiming Exemption for User
Fee form. According to the Code, a unit for which an exemption is requested will
be subject to a semiannual, random inspection by the City’s Code Enforcement
Officer to determine whether the unit is occupied. The garbage fee for such a unit
will be prorated so the owner will pay the fee for the time this unit is occupied.

Exemptions Were Not Properly Supported or Processed
Although the Code established a process for requesting a user fee exemption,
City officials did not develop written procedures for processing user fee exemption
requests.

The DPW clerk told us property owners requesting exemptions provide her with
signed and notarized affidavits documenting how many units are occupied on
the property annually. The Code Enforcement Officer performs an inspection of
each property, documents the number of occupied units on the Garbage Unit

  Of f ic e of t he New York State Comptroller  5