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Lüneburg (dpa / lni) - According to a court ruling, the city of Göttingen rightly demands street cleaning fees - also for integrated communities.
A so-called norm control application against the statutes of street cleaning 2018 of the city of Göttingen rejected the Lower Saxony Higher Administrative Court in Lüneburg with judgment on Monday "predominantly", as the court announced on Tuesday (Az .: 9 KN 162/17).
Only the fee rates for winter service were viewed by the Senate as ineffective.
The statutes set different fee rates for street cleaning in summer and winter service depending on the cleaning and winter service classes.
The fees were too high for a resident, and he raised numerous objections to the fee rates. Accordingly, the statutes violate the rights that the city of Göttingen granted the former municipalities of Groß Ellershausen, Hetjershausen, Knutbühren, Elliehausen, Holtensen and Roringen when they were incorporated into the municipality in 1972. The communities at that time were given the permanent right not to be burdened with street cleaning and winter service fees. The applicant comes from one of the communities, confirmed a court spokeswoman.
The Senate stated that the integration contracts concluded with the city of Göttingen did not stipulate that the local law applicable at the time would continue to apply indefinitely.
The use of the neighboring properties is also a permissible assessment basis for street cleaning fees.
The calculation of the fee rates for the summer service is not free from errors, but that does not affect the effectiveness, because the city of Göttingen
did not calculate
the fee rates
too high, but rather too low in favor of
those liable
to pay the fees.
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The Senate did not allow an appeal against the judgment.
A complaint against the non-admission can be lodged within one month of the delivery of the judgment.
© dpa-infocom, dpa: 210504-99-464593 / 2
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