Sec. 90-95. - Disposal exclusively at county system.
Sec. 90-96. - Applicability to private owner of property leased to government.
Sec. 90-97. - Applicability of annual disposal assessment to tax-exempt improved real property.
Sec. 90-99. - Payments to property appraiser and tax collector.
Sec. 90-101. - Duty to deliver waste.
Sec. 90-103. - Alternative billing and collection method.
Sec. 90-104. - Annual disposal assessment on governmental agencies.
Sec. 90-105. - Partial year annual disposal assessment.
Secs. 90-106—90-115. - Reserved.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Act means Laws of Fla. ch. 87-441.
Annual disposal assessment means the annual assessment imposed upon a parcel of improved real property for the disposal of solid waste for the applicable year based upon the classification of use of such parcel of property as specified in the rate resolution.
Annual disposal assessment roll means the list prepared by the county and confirmed by the board of county commissioners each year containing a summary description of each parcel of improved real property within the county, the name and address of the owner of each such parcel as indicated on the records maintained by the property appraiser and the assessment authorized by this article against each parcel.
Apartment means any building or structure or portion of any building or structure designed or constructed for and capable of use for one or more permanent residences in which each unit is not individually owned.
Condominium parcel means any portion of a building or structure designed or constructed for and capable of use as a residence for one family, such unit being owned under the condominium concept of ownership and subject to F.S. ch. 718.
Governmental agency means all state, federal or local agencies or units of government located within the county, including but not limited to the United States, the county, the school district, all municipalities within the county, all special districts and municipal service taxing units which own improved real property within the county.
Hazardous waste means the same as set forth in the act.
Improved commercial real property means all improved real property primarily used or designed for use for commercial, manufacturing, industrial or government activities and enterprises and transient trailer parks. Improved commercial real property does not include apartments or trailer parks.
Improved real property means all property located in the county that generates or is capable of generating solid wastes and includes but is not limited to improved commercial real property and improved residential real property.
Improved residential real property means all real property located in the county that contains one or more buildings, structures or other improvements designed or constructed for and capable of use or used for human habitation, including residential units, but excluding transient trailer parks.
Multiple-family residence means any building or structure containing two or more units designed or constructed for and capable of use for permanent residences.
Municipality means any municipality within the boundaries of the county.
Owner means the person owning an interest in improved real property located within the county.
Public lodging establishment means any building or structure or group of buildings or structures within a single complex of buildings, which is kept, used, maintained or advertised as or held out to the public to be a place where sleeping or housekeeping accommodations are supplied for pay to transient guests or tenants. For the purposes of this definition, transient guests or tenants means persons residing for six consecutive months or less in any year. A unit within a public lodging establishment housing permanent residents shall be considered a single-family residence.
Rate resolution means the resolution adopted by the board of county commissioners under section 90-116 incorporating a schedule of use classification and of annual rates, charges and assessments to be imposed upon the owners of all improved real property in the county.
Residential unit or unit means any structure, attached or unattached, or the smallest portion of a structure or building designed or constructed for and capable of being used as a place of human habitation, including single-family residences, multiple-family residences, apartments, condominium parcels and divided spaces of a trailer park, but excluding transient trailer parks. This definition is made solely for purposes of assessing the annual disposal service charge provided under this article.
Single-family residence means any building or structure designed or constructed for and capable of use as a residence for one family, regardless of the type of structure. Such term includes a mobile home or trailer that is erected on a separate parcel of property and not included within the definition of a trailer park.
Solid waste means the same as set forth in the act.
Solid waste disposal and resource recovery system means the same as set forth in the act.
Special wastes means any wastes that require extraordinary management. They include but are not limited to abandoned automobiles; inoperative and discarded refrigerators, ranges, washers, water heaters and other similar domestic and commercial appliances; used tires; waste oil; sludges; dead animals; septic tank pumpings; and infectious and hazardous wastes.
Supplemental tipping fee means the fees and service charges to be paid to the county pursuant to section 90-116 for receiving and disposing of solid waste.
Tax collector means the county tax collector.
Tipping fees means the fees and service charges fixed from time to time to be paid to the county pursuant to sections 90-116 and 90-102 for receiving and disposing of solid waste delivered to the system which may be imposed by the board of county commissioners for solid waste generated outside the county or if the annual disposal assessment is determined to be invalid.
Trailer park means any improved real property divided into spaces for the erection and maintenance of trailers and mobile homes in which the individual spaces are not individually owned.
Transient trailers means trailers parked for short periods of time and, while occupied, not intended to remain in the same location for more than 60 days.
Vacant or vacancy means the complete and total absence of any occupation or use of improved real property for human habitation or human activity or commercial enterprise.
(Code 1970, § 23-72; Ord. No. 89-07, § 2, 3-7-89)
Cross reference— Definitions generally, § 1-2.
For this article, it is found and declared by the board of county commissioners:
(1)
The findings of fact set out in Laws of Fla. ch. 87-441 (the "act") have been examined and determined to be true on the date of adoption of the ordinance from which this article derives.
(2)
There is an excessive accumulation of solid waste on private property and an inordinate amount of littering on and near public rights-of-way within the county resulting in the necessity for more stringent regulation of solid waste disposal practices within the county to protect the health, safety and welfare of the citizens of the county.
(3)
It is necessary for the promotion of the common interest of the people of the county to provide for the effectuation and financing of a solid waste disposal and resource recovery system, and it is necessary to the health, safety and welfare of the citizens and residents of the county to provide an adequate solid waste disposal and resource recovery system for all residents and commercial, industrial and agricultural operators within the county.
(4)
Because of matters stated in subsections (1) through (3) of this section, the county anticipates the issuance of solid waste and resource recovery revenue bonds to finance the acquisition and construction of the solid waste disposal and resource recovery system, which bonds among other things will obligate the county to impose by law disposal service charges against improved properties or classes thereof located within the county for use of the solid waste disposal and resource recovery system.
(5)
The act and F.S. ch. 403 authorize the board of county commissioners to construct, operate and maintain or contract with persons for the construction, operation and maintenance of the solid waste disposal and resource recovery system for the use and benefit of the inhabitants of the county and grants to the county the power to:
a.
Compel the inhabitants of the county to use the solid waste disposal and resource recovery system established by the county exclusive of any other facilities being operated or maintained by any other governmental authorities or private parties; and
b.
Prescribe, fix, establish and collect rates, fees, assessments, rentals or other charges for the use of the solid waste disposal and resource recovery system and to pledge such revenues as security for the payment of bonds issued under the legal authority for the construction of the solid waste disposal and resource recovery system.
(6)
The inefficient and improper methods of managing solid waste create hazards to public health, cause pollution of the air and water resources, constitute a waste of natural resources, have an adverse effect on land values and create public nuisances.
(7)
The operation of numerous independent and separate solid waste disposal facilities by the county and private entities with varying standards of operation and control creates a serious and critical health and safety problem to all of the citizens of the county and the use of one solid waste disposal and resource recovery system operating uniformly and with minimum ecological impact in the county is vital and imperative to the health, safety and welfare of the people of the county and other living things.
(8)
F.S. §§ 125.01 and 403.706 grant the board of county commissioners the power to provide for and regulate solid waste collection and disposal.
(9)
The county is capable of disposing of all solid waste generated in the county.
(10)
It is the purpose of this article to implement the act, F.S. ch. 403, and the covenants contained in any ordinance, resolution or indenture securing the issuance of the bonds.
(11)
This article is adopted under the authority and power granted the board of county commissioners under the act, F.S. § 125.01 and F.S. chs. 197 and 403 and other applicable law.
(12)
The construction, operation and maintenance of solid waste disposal and resource recovery system is a benefit and improvement to all improved real property in the county, regardless of use and occupancy of such property.
(13)
The construction, operation and maintenance of the solid waste disposal and resource recovery system directly improves and benefits all improved real property by ensuring a source for the disposal of solid waste being generated or potentially to be generated on such improved real property that is practical and compatible with the health and safety of all citizens in the county.
(Code 1970, § 23-71; Ord. No. 89-07, § 1, 3-7-89)
It is the purpose of this article to:
(1)
Require all inhabitants and persons within the county, with certain exceptions, and all governmental agencies to use exclusively the solid waste disposal and resource recovery system operated and maintained by the county for the disposal of all solid waste generated within or brought within the county for disposal;
(2)
Establish a schedule of fees, rates, charges and assessments for the disposal of solid waste from improved real property in the county to pay for the costs of the financing and the operation and maintenance of the solid waste disposal and resource recovery system;
(3)
Establish classifications of such improved real property in the establishment of such schedule of fees, rates, charges and assessments; and
(4)
Provide for a method and procedure for the collection of such established fees, rates, charges and assessments.
(Code 1970, § 23-73; Ord. No. 89-07, § 3, 3-7-89)
This article does not apply to a person transporting or dumping, with the permission of the owner of the property, sand, dirt, broken brick, blocks, broken pavement or other material suitable for use as fill material for the sole purpose of raising the elevation of land where an appropriate permit has been issued by the appropriate governmental agency.
(Code 1970, § 23-92; Ord. No. 89-07, § 23, 3-7-89)
Sec. 90-95. - Disposal exclusively at county system.
Except as provided in any implementation of section 90-94, it is declared that the disposal of solid waste collected or generated by any person and all governmental agencies within the county or brought into the county for disposal shall be exclusively at the solid waste disposal and resource recovery system constructed and maintained by the county.
(Code 1970, § 23-74; Ord. No. 89-07, § 4, 3-7-89)
Sec. 90-96. - Applicability to private owner of property leased to government.
This article shall be fully applicable to the private owner of any improved real property leased to a government agency.
(Code 1970, § 23-88; Ord. No. 89-07, § 18, 3-7-89)
Sec. 90-97. - Applicability of annual disposal assessment to tax-exempt improved real property.
The exemption of property from taxation under F.S. ch. 196 or any other law or constitutional provisions shall not relieve the owner of any improved real property in the county from this article or from the imposition by the board of county commissioners of the annual disposal assessment applicable to such property as specified in the rate resolution adopted under section 90-116. This article and the annual disposal assessment imposed by the board of county commissioners shall be fully applicable to such improved real property.
(Code 1970, § 23-90; Ord. No. 89-07, § 20, 3-7-89)
(a)
Special waste generated in the county or brought into the county for disposal which cannot be handled by the county pursuant to law or permit conditions established by agencies of governments having jurisdiction over solid waste disposal shall not be delivered to the solid waste disposal and resource recovery system, but shall be handled and disposed of as is or may be provided by state or federal law or county ordinance entirely at the expense of the person or governmental agency responsible for creating it or bringing it into the county.
(b)
As to special waste which may be lawfully handled by the county, the county may incorporate in the rate resolution adopted under section 90-116, a surcharge in addition to the annual disposal assessment, tipping fees and supplemental tipping fees.
(Code 1970, § 23-93; Ord. No. 89-07, § 24, 3-7-89)
Sec. 90-99. - Payments to property appraiser and tax collector.
The property appraiser and the tax collector shall be paid, for the services rendered pursuant to this article, such fees and expenses as may be agreed upon between them and the board of county commissioners.
(Code 1970, § 23-95; Ord. No. 89-07, § 26, 3-7-89)
Under this article, it shall be unlawful for any person to:
(1)
Dump, leave or bury any solid waste on public or private property without the written consent of the owner of such property;
(2)
Cause or permit the accumulation on real property owned or controlled by him of solid waste in such quantities as to constitute a nuisance; or
(3)
Fail to deliver solid waste to the solid waste disposal and resource recovery system within a reasonable period of time after such solid waste has been generated.
(Code 1970, § 23-94; Ord. No. 89-07, § 25, 3-7-89)
Sec. 90-101. - Duty to deliver waste.
The annual disposal assessments and the tipping fees in this article relate only to the receipt and disposition by the county of solid waste. It is the duty of every owner or occupant of improved real property to cause all solid waste for which he is responsible to be delivered to the system at the intervals and by the means and subject to the regulations fixed by this article and other ordinances or resolutions of the county.
(Code 1970, § 23-89; Ord. No. 89-07, § 19, 3-7-89)
Tipping fees for the receipt and disposal by the county of solid waste and supplemental tipping fees shall be collected by the county or its designee directly. In addition, if the annual disposal assessment is ever determined by a court of competent jurisdiction to be invalid or if any required agreements with the property appraiser or tax collector cannot be obtained, the board of county commissioners is authorized to impose tipping fees as authorized in this section to finance debt service and operation and maintenance costs of the solid waste disposal and resource recovery system and to fund all obligations under any bond resolution or trust indenture, including reserves.
(Code 1970, § 23-85; Ord. No. 89-07, § 15, 3-7-89)
State law reference— Solid waste management fees, F.S. § 403.7049.
Sec. 90-103. - Alternative billing and collection method.
Notwithstanding anything in this article to the contrary, if for any reason the annual disposal assessments cannot be collected in the same manner as ad valorem taxes, such method shall not be utilized for collection and the board of county commissioners is authorized to bill such assessments directly to the owners of improved real property and to collect such assessments directly from the owners of improved real property. If the board of county commissioners utilizes this alternative billing and collection method, such assessments shall be subject to the same due dates, early payment discounts and delinquent interest penalties as set forth in section 90-122. The county shall distribute any such annual disposal assessment collected directly by the county to the trustee appointed by the county under the bond resolution or indenture securing the bonds for application under the bond resolution or indenture.
(Code 1970, § 23-86; Ord. No. 89-07, § 16, 3-7-89)
Sec. 90-104. - Annual disposal assessment on governmental agencies.
(a)
Except as otherwise provided in this article, all governmental agencies owning improved real property within the county shall pay the annual disposal assessment imposed under this article as specified in each rate resolution adopted under section 90-116
(b)
All housing authorities granted an exemption pursuant to F.S. ch. 423 from the assessment levied by this article and any other governmental agency or entity possessing a similar exemption shall be subject to a service charge equal to the estimated cost incurred by the county in furnishing disposal services to each housing authority or other governmental entity or agency. Such service charge shall be determined by the county and included in the rate resolution adopted annually. Service to housing authorities and other governmental agencies or entities shall be through contract with the housing authority or other governmental entity or agency requesting such service. Such contract shall incorporate the service charge representing the estimated cost of furnishing such service. Service contracts shall be annual contracts. Such service charge may only be collected using a billing procedure similar to that provided for in section 90-103
(Code 1970, § 23-87; Ord. No. 89-07, § 17, 3-7-89; Ord. No. 92-04, § 1, 3-11-92)
Sec. 90-105. - Partial year annual disposal assessment.
(a)
For improved real property receiving a certificate of occupancy after the first day of the year and which is not included on the annual disposal assessment roll, the annual disposal assessment under this article shall be imposed on the property on a pro rata basis by multiplying the applicable rate for the particular property by a fraction, the denominator of which is the number of days in the year and the numerator of which is the number of days remaining in the year after the issuance of the certificate of occupancy, inclusive of the day of issuance. The county shall collect such annual disposal assessments at the time the certificate of occupancy is issued by the appropriate governmental agency, and the charge for any improved real property receiving a certificate of occupancy prior to establishment of the current year rate shall be based upon the prior year rate as previously approved by the board of county commissioners.
(b)
The assessments shall be subject to the same early payment discounts and interest penalties as set forth in section 90-122; however, for the purposes of this section any payment made prior to November 1 of the year billed shall only be entitled to a four-percent discount. The county shall distribute any pro rata assessments collected directly by the county to the trustee appointed by the county under the bond resolution or indenture securing the bonds for application under the bond resolution or indenture.
(Code 1970, § 23-91; Ord. No. 89-07, § 21, 3-7-89)