Wag of the finger re: the trash fee bills...

I have been a homeowner in the City of Salem for over 10 years. Recently I moved from a downtown condo to a North Salem single family home. Inexplicably, I have begun to receive trash tax bills at both my condo (which I still own) and my new home. My condo was not rented out until November 1st, so both my condo and my new home were technically "owner occupied" during the period covered by the trash tax bills. 

I inquired to the City about the reasons for this and did not receive a sufficient reply. I received an email from Claudia Forgione, a City employee, stating, "We are continuously updating our records to ensure properties that are not owner occupied have a trash bill. In order for you to be exempt from paying the trash bill we need affidavit completed timely (if property was owner occupied, had private trash pick up or a vacancy). It is a City Ordinance. We have encountered situations in which the property was initially owner occupied and later the owner moves to the same town or other town and rents the property. Therefore, it is up to the owner to keep up [sic]informed of any changes in occupancy." 

I asked Ms. Forgione how it came to be that I suddenly started receiving bills, given that I had lived at my previous address for over 10 years, had completed the annual City census, had been registered to vote, had received my excise tax bills and property tax bills, and had a Resident Parking Permit for that address. If the Ordinance went into effect in 2006, why now? 

I reviewed the Ordinance behind this and found that it states, in relevant parts: 

Sec. 36-6. Collection fee for certain residences. 

(a)The owner of any non-owner occupied residential unit receiving curbside collection pursuant to section 36-5 shall be charged a monthly fee of $15.00 per unit for the collection of solid waste. The monthly fee collected from any one property shall not exceed $100.00. 

(d)Property owners shall be entitled to obtain a waiver of trash fees on a per- month basis for residential dwelling units that are vacant for an entire month. It shall be the responsibility of the property owner to complete an affidavit as to the vacancy of the unit and submit same to the city engineering department. The city shall not issue a waiver of trash fees for any month that precedes the date the property owners affidavit is submitted to the engineering department. Individuals who make one or more false representations regarding the vacancy status of a residential dwelling unit shall be fined twice the amount of the single unit fee for each such false representation. 

(f)Owner occupied residential units will not be charged a fee. 

I pointed out to Ms. Forgione that the Ordinance makes no mention of Owner occupants having to complete an affidavit to confirm the owner occupied status of their homes and that the only time an affidavit for a waiver is required is for the months when a rental unit is vacant. 

Further, along with the Affidavit, one must submit a copy of the deed to their home, a utility bill, and a copy of their driver's license. All of this seems absurd and unnecessary. A home owner shouldn't bear the burden of proving that they live in their own home. The City should have the burden of proving that the unit is not owner occupied. I pay taxes on the property which is supposed to cover trash collection and It seems that the City is randomly issuing these bill to owner occupants. When I asked if the City sends bills to all residences to determine the occupancy status, I received no answer. 

The City should adhere to the letter of the Ordinance and should not be sending trash bills to owner occupied homes.