HomeMy WebLinkAbout06-206
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 290519107/31/2006 at 03:22 PM
OR BOOK 2624 PAGE 1259 -1289 Doc Type: RESO
RECORDING: $265.00
ST. LUCIE COUNTY, FLORIDA
INITIAL ASSESSMENT RESOLUTION
SOLID WASTE
ADOPTED July 18, 2006
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.
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
APPENDIX A.
APPENDIX B.
APPENDIX C.
TABLE OF CONTENTS
Page
AUTHORITY. .....................................................................................................1
PURPOSE AND DEFINITIONS......................................................................1
LEGISLATIVE DETERMINATIONS. ............................................................1 0
SOLID WASTE COLLECTION AND DISPOSAL SERVICES. ................14
DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF
INITIAL SOLID WASTE SERVICE ASSESSMENTS. ..............................15
ASSESSMENT ROLL. ...................................................................................16
AUTHORIZATION OF PUBLIC HEARING. ................................................17
NOTICE BY PUBLICATION. .........................................................................17
NOTICE BY MAIL. ..........................................................................................17
EFFECTIVE DATE. .........................................................................................18
DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE
AREA............A-1
FORM OF NOTICE TO BE PUBLISHED. ....................................B-1
FORM OF NOTICE TO BE MAilED. .......................................... C-1
RESOLUTION NO. 06-206
A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA,
RELATING TO THE COLLECTION AND DISPOSAL OF
RESIDENTIAL WASTE AND RECYCLABLE MATERIALS
IN THE COUNTY SOLID WASTE URBAN SERVICE AREA
OF ST. LUCIE COUNTY, FLORIDA; DESCRIBING THE
METHOD OF ASSESSING SOLID WASTE COSTS
AGAINST ASSESSED PROPERTY LOCATED WITHIN ST.
LUCIE COUNTY; DETERMINING THE SOLID WASTE
COST AND THE INITIAL SOLID WASTE SERVICE
ASSESSMENTS; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC
HEARING AND DIRECTING THE PROVISION OF NOTICE
THEREOF; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions
of Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County
Code, sections 125.01, 125.66, 197.3632, and 197.3635, Florida Statutes, and other
applicable provisions of law.
SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the
Initial Assessment Resolution. All capitalized words and terms not otherwise defined
herein shall have the meanings set forth in Article V, Collection of Solid Waste and
Recyclable Materials, of the St. Lucie County Code. Unless the context indicates
otherwise, words imparting the singular number, include the plural number, and vice
versa. As used in this Initial Assessment Resolution, the following terms shall have the
following meanings, unless the context hereof otherwise requires:
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"Assessed Property" means all parcels of land included on the Assessment
Roll that receive a special benefit from the delivery of the Residential Waste and
Recyclable Materials collection and disposal services, facilities or programs identified in
the Initial Assessment Resolution.
"Assessment Roll" means the special assessment roll relating to a Solid Waste
Service Assessment approved by a Final Assessment Resolution.
"Biomedical Waste" means any solid waste or liquid residue which may present
a threat of infection to humans. The term "Biomedical Waste" includes, but is not limited
to, non liquid human tissue and body parts; laboratory and veterinary waste which
contain human-disease-causing agents; discarded disposable sharps; human blood,
and human blood products and body fluids; and other materials which in the opinion of
the Department of Health represent a significant risk of infection to persons outside the
generating facility. The term "Biomedical Waste" does not include human remains that
are disposed of by persons licensed under Chapter 470, Florida Statutes.
"Biological Waste" means solid waste that causes or has the capability of
causing disease or infection and includes, but is not limited to, Biomedical Waste,
diseased or dead animals, and other wastes capable of transmitting pathogens to
humans or animals. The term "Biological Waste" does not include human remains that
are disposed of by persons licensed under Chapter 470, Florida Statutes.
"Board" means the Board of County Commissioners of St. Lucie County,
Florida.
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"Building" means any structure, whether temporary or permanent, built for the
support, shelter or enclosure of Persons, chattel or property of any kind.
"Bulk Items" means items that require special handling and management
because of their volume, e.g., tires, Construction and Demolition Debris, White Goods,
large household goods and furniture. "Bulk Items" must have been previously used by
the customer at the Dwelling Unit for which Collection Service is provided. The term
"Bulk Items" excludes Exempt Waste.
"Collection Service" means Residential Waste Collection Service and
Recyclable Material Collection Service.
"Commercial Property" means all Improved Property other than Residential
Property.
"Construction and Demolition Debris" means discarded materials generally
considered to be not water soluble and non-hazardous in nature, including but not
limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and
lumber, from the construction or destruction of a structure as part of a construction or
demolition project or from the renovation of a structure, including such debris from
construction of structures at a site remote from the construction or demolition project
site. The term includes rocks, soils, tree remains, trees, and other vegetative matter
which normally results from land clearing or land development operations for a
construction project; clean cardboard, paper, plastic, wood, and metal scraps from a
construction project; except as provided in Section 403.7o7(12)(j), Florida Statutes, and
FAC 62-701.200(27), unpainted, non-treated wood scraps from facilities manufacturing
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materials used for construction of structures or their components and unpainted, non-
treated wood pallets provided the wood scraps and pallets are separated from other
solid waste where generated and the generator of such wood scraps or pallets
implements reasonable practices of the generating industry to minimize the
commingling of wood scraps or pallets with other solid waste; and de minimis amounts
of other non hazardous wastes that are generated at construction or demolition projects,
provided such amounts are consistent with best management practices of the
construction and demolition industries. Mixing of Construction and Demolition Debris
with other types of solid waste will cause it to be classified as other than Construction
and Demolition Debris.
"County" means St. Lucie County, a political subdivision of the State of Florida.
"County Administrator" means the chief executive officer of the County, or the
designee or designees of the County Administrator.
"County Solid Waste Urban Service Area" means that portion of the
unincorporated area of the County described on Appendix A.
"Duplex" shall mean a Building that contains two Dwelling Units.
"Dwelling Unit" shall mean a Building, or a portion thereof, lawfully used for
residential purposes, consisting of one or more rooms arranged, designed, used, or
intended to be used as living quarters for one family only.
"DOR Code" means a property use code establis7hed in Rule 12D-8.o08,
Florida Administrative Code, assigned by the Property Appraiser to Tax Parcels within
the County.
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"Exempt Waste" means Biological Waste, Hazardous Waste, Sludge,
automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion
engines, lead acid batteries, used oil, any material for which there is no legally permitted
disposal or storage facility within the County. However, tires on rims, rims, small boat
and auto parts under 50 Ibs are not exempt.
"Final Assessment Resolution" means the resolution adopted in which Solid
Waste Service Assessments are imposed which shall confirm, modify, or repeal the
Initial Assessment Resolution and which shall be the final proceeding for the annual
imposition of Solid Waste Service Assessments.
"Fiscal Year" means that period beginning October 1st of each year and ending
on September 30th of the subsequent year.
"Garbage" means all putrescible waste which generally includes, but is not
limited to, kitchen and table food waste, vegetative, food or any organic waste that is
attendant with, or results from the storage, preparation, cooking or handling of food
material.
"Hazardous Waste" means solid waste, or a combination of solid wastes, which,
because of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause, or significantly contribute to, an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness or may pose a
substantial present or potential hazard to human health or the environment when
improperly transported, disposed of, stored, treated, or otherwise managed. The term
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does not include human remains that are disposed of by persons licensed under
Chapter 470, Florida Statutes.
"Household Waste" means Garbage and Rubbish generated by a Dwelling Unit
for which Collection Service is provided hereunder. The term "Household Waste" does
not include Exempt Waste or Bulk Items.
"Improved Property" means all property within the County on which a Building
or other improvements including, but not limited to, facilities providing retail electrical
service to such property have been placed or constructed, which improvements result in
such property generating Residential Waste or being capable of generating Residential
Waste.
"Improvement Codes" mean the property use codes assigned by the Property
Appraiser to Tax Parcels within the County.
"Initial Assessment Resolution" means the annual resolution adopted in any
year in which Solid Waste Service Assessments are imposed which shall be the initial
proceeding for the identification of the Solid Waste Cost for which an assessment is to
be made and for the imposition of a Solid Waste Service Assessment.
"Land Clearing Debris" means vegetative matter resulting from a
comprehensive land clearing operation, but does not include Yard Trash.
"Mobile Home" means manufactured homes, trailers, campers and recreational
vehicles.
"Multiple Single-Family Attached Units" means single-family dwelling units
constructed in a series, row, or group, including four units or more with common walls or
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separate walls abutting each other, separated by a nominal space of not less than two
inches, or which have an independent entrance.
"Owner" means the Person reflected as the owner of Assessed Property on the
Tax Roll.
"Property Appraiser" means the St. Lucie County Property Appraiser.
"Recyclable Material" means those materials which are capable of being
recycled and which would otherwise be processed or disposed of as Household Waste.
The materials initially designated by the County are (A) newspapers and all inserts, (B)
#1 through #7 plastic containers (all colors), (C) aluminum cans, (D) steel cans,(E) glass
bottles and jars (green, clear, and brown), (F) aluminum foil, (G) aluminum bakeware,
(H) aeseptic containers, (I) gable top containers, (J) telephone books, (k) magazines
and catalogs, (I) paperboard boxes, and (M) corrugated cardboard boxes.
"Recyclable Material Collection Service" means the process whereby
Recyclable Material is removed from a Dwelling Unit, processed and marketed by
Contractor.
"Residential Property" means a parcel of Improved Property on which a Single-
Family Residence, Mobile Home, Duplex or Triplex is located; provided, however, that
"Residential Property" does not include (A) property on which a Mobile Home is located
that is classified as either "PUD," "HIRD," "RE-2", "CG," "CN," "CO," or "RVP" under the
County's zoning regulation, or (B) a parcel of property on which more than one Single-
Family Residence, Mobile Home, Duplex or Triplex is located; or (C) any Dwelling Unit
located on a parcel of property that shares a common wall with one or more other
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Dwelling Units on other parcels of property not under common ownership. Residential
property shall not include any County owned property.
"Residential Waste" includes Household Waste, Yard Trash and Bulk Items.
"Residential Waste Collection Service" means the process whereby
Residential Waste is removed from a Dwelling Unit and transported to a Solid Waste
Disposal Facility.
"Rubbish" means all refuse, accumulation of paper, excelsior, rags, wooden or
paper boxes and containers, sweep-ups and all other accumulations of a nature other
than Garbage, which are usual to housekeeping; also any bottles, cans or other
containers not containing Garbage.
"Single-Family Residence" shall mean a Building that contains a single
Dwelling Unit.
"Sludge" includes the accumulated solids, residues, and precipitates generated
as a result of waste treatment or processing, including wastewater treatment, water
supply treatment, or operation of an air pollution control facility, and mixed liquids and
solids pumped from septic tanks, grease traps, privies, or similar waste disposal
appurtenances.
"Solid Waste Service Assessment" means a special assessment lawfully
imposed by the County against Assessed Property to fund all or any portion of the cost
of the provision of Residential Waste and Recyclable Materials collection and disposal
services, facilities, or programs providing a special benefit to property as a
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consequence of possessing a logical relationship to the value, use, or characteristics of
the Assessed Property.
"Solid Waste Cost" means the amount necessary to fund the County's
collection and disposal of Residential Waste and the recycling activities of Recyclable
Materials that are allocable to Assessed Property during a Fiscal Year and shall include,
but not be limited to: (A) the cost, whether direct or indirect, of all services, programs or
facilities provided by the County, or through contractual arrangements with the County
relating to Residential Waste and Recyclable Materials management, collection and
disposal activities; (B) the cost of any indemnity or surety bonds and premiums for
insurance; (C) the cost of salaries, volunteer pay, workers' compensation insurance, or
other employment benefits; (D) the cost of computer services, data processing, and
communications; (E) the cost of training, travel and per diem; (F) the recovery of unpaid
or delinquent fees or charges advanced by the County and due for Residential Waste
and Recyclable Materials management, collection, and disposal services, programs or
facilities allocable to specific parcels; (G) the cost of engineering, financial, legal or
other professional services; (H) all costs associated with the structure, implementation,
collection, and enforcement of the Solid Waste Service Assessments or a prior year's
assessment for a comparable service, facility or program, including any service charges
of the Tax Collector or Property Appraiser; (I) all other costs and expenses necessary or
incidental to the acquisition, provision, or delivery of the services, programs or facilities
funded by the Solid Waste Service Assessment, and such other expenses as may be
necessary or incidental to any related financing authorized by the Board; (J) a
9
reasonable amount for contingency and anticipated delinquencies and uncollectible
Solid Waste Service Assessments; and (K) reimbursement to the County or any other
Person for any monies advanced for any costs incurred by the County or such Person in
connection with any of the foregoing items of Solid Waste Cost.
"Solid Waste Disposal Facility" means the place or places specifically
designated by the County for the disposal of Residential Waste.
"Tax Collector" means the St. Lucie County Tax Collector.
"Tax Roll" means the real property ad valorem tax assessment roll maintained
by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Triplex" shall mean a Building that contains three Dwelling Units.
"Uniform Assessment Collection Act" means sections 197.3632 and
197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-
ad valorem assessments on the same bill as ad valorem taxes, and any applicable
regulations promulgated thereunder.
"White Goods" means inoperative and discarded refrigerators, ranges, water
heaters, freezers, and other similar domestic appliances that were previously used at
the Dwelling Unit from which they are collected.
"Yard Trash" means vegetative matter resulting from yard and landscape
maintenance. The term "Yard Trash" does not include Exempt Waste.
SECTION 3. LEGISLATIVE DETERMINATIONS. It is hereby ascertained,
determined and declared that the Solid Waste Costs provide a special benefit to the
Assessed Property based upon the following legislative determinations:
10
(A) Pursuant to Article VIII, section 1, Florida Constitution, and sections
125.01 and 125.66, Florida Statutes, the Board has all powers of local self-government
to perform county functions and to render county services except when prohibited by
law, and such power may be exercised by the enactment of legislation in the form of
County ordinances and resolutions.
(B) In addition to its powers of self-government, the Board is authorized by
section 125.01 (1 )(r), Florida Statutes, to impose Solid Waste Service Assessments in all
or a portion of the unincorporated area. Additionally, the Board derives authority to
impose Solid Waste Service Assessments from the home rule power of counties in
Article VIII, section 1 (f), Florida Constitution, section 125.01, Florida Statutes, and
specifically section 125.01 (1 )(r), Florida Statutes.
(C) This Resolution authorizes the imposition of Solid Waste Service
Assessments within the County Solid Waste Urban Service Area.
(D) It is fair and reasonable to use the Improvement Codes and DOR Codes
to apportion the Solid Waste Cost among parcels of Assessed Property located within
the County Solid Waste Urban Service Area because: (1) the Tax Roll database
employing the use of such property use codes is the most comprehensive, accurate,
and reliable information readily available to determine the property use and number of
Dwelling Units for Improved Property within the County Solid Waste Urban Service
Area, and (2) the Tax Roll database is maintained by the Property Appraiser and is
consistent with the coding of parcel designations on the Tax Roll which compatibility
11
l
permits the development of an Assessment Roll in conformity with the requirements of
the Uniform Assessment Collection Act.
(E) Pursuant to section 403.706(1), Florida Statutes, the County has the
general responsibility and authority to provide for the collection and transport of
Residential Waste and Recyclable Materials generated within its unincorporated area to
appropriate Solid Waste Disposal Facilities.
(F) The existence of any Building or other improvement on Improved Property
results in such property generating Residential Waste and Recyclable Materials or
being capable of generating Residential Waste and Recyclable Materials.
(G) Whether imposed throughout the entire County or a portion thereof, the
imposition of a recurring annual Solid Waste Service Assessment is an alternative,
equitable and efficient method to fairly and reasonably apportion and recover the
Residential Waste and Recyclable Materials management, collection, and disposal
costs experienced by the County among the parcels of Residential Property within the
County Solid Waste Urban Service Area.
(H) The size or value of Residential Property does not determine the scope
and cost of Residential Waste and Recyclable Materials management, collection, and
disposal services to be provided to such property. The use of Residential Waste and
Recyclable Materials management, collection, and disposal services, facilities, and
programs are driven by the existence of a Dwelling Unit and the average occupant
population.
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(I) Apportioning the Solid Waste Costs for Residential Waste collection and
disposal services provided to Residential Property within the County Solid Waste Urban
Service Area on a per Dwelling Unit basis is compatible with the use of the Tax Roll
data base, is required to avoid cost inefficiency and unnecessary administration, and is
a fair and reasonable method of apportioning Solid Waste Costs.
(J) The use of the uniform method of collection authorized in the Uniform
Assessment Collection Act provides a mechanism to equitably and efficiently collect
Solid Waste Service Assessments for Residential Waste and Recyclable Materials
management, collection, and disposal service, facilities, and programs allocable to
specific parcels of Assessed Property within the County Solid Waste Urban Service
Area.
(K) The annual Solid Waste Service Assessment to be imposed pursuant to
this Resolution shall constitute non-ad valorem assessments within the meaning and
intent of the Uniform Assessment Collection Act.
(L) The Solid Waste Service Assessment imposed pursuant to this Resolution
is imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the
Property Appraiser or Tax Collector under the provision of the Uniform Assessment
Collection Act shall be construed as ministerial.
(M) Residential Waste and Recyclable Materials management, collection, and
disposal services, facilities, and programs furnished by the County provide a special
benefit and possess a logical relationship to the use and enjoyment of Residential
Property by providing: (1) Residential Waste and Recyclable Materials management,
13
collection, and disposal services, facilities, and programs to the Owners and occupants
of Residential Property for proper, safe, and cost effective disposal of Residential Waste
and Recyclable Materials generated on such property, (2) better service to Owners and
tenants, (3) the enhancement of environmentally responsible use and enjoyment of
Residential Property, and (4) the protection and possible enhancement of property
values and the health and safety of the Owners and occupants of Residential Property
resulting from the uniform delivery and availability of such services, facilities, and
programs.
(N) It is hereby ascertained, determined, and declared that each parcel of
Assessed Property will be benefited by the County's provision of Residential Waste and
Recyclable Materials management, collection, and disposal services, facilities and
programs in an amount not less than the Solid Waste Service Assessment upon such
parcel computed in the manner set forth in this Initial Assessment Resolution.
SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES.
(A) Upon the imposition of Solid Waste Service Assessments for Residential
Waste and Recyclable Materials management, collection, and disposal against
Assessed Property located within the County Solid Waste Urban Service Area, the
County shall cause Residential Waste and Recyclable Materials management,
collection, and disposal services to be provided to such Assessed Property. Solid
Waste Costs shall be paid from proceeds of the Solid Waste Service Assessments.
(B) The provision of comprehensive Residential Waste and Recyclable
Materials management, collection, and disposal services and programs furnished by or
14
through the County Solid Waste Urban Service Area to Residential Property enhances
and strengthens the relationship of such services and programs to the use and
enjoyment of Residential Property within the County Solid Waste Urban Service Area.
SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT
OF INITIAL SOLID WASTE SERVICE ASSESSMENTS.
(A) The Solid Waste Cost to be assessed and apportioned among benefited
parcels for the Fiscal Year commencing October 1, 2006, is approximately
$3,336,432.00. The approval of this Initial Assessment Resolution determines the
amount of the Solid Waste Cost. The remainder of such Fiscal Year budget for
Residential Waste and Recyclable Materials services and facilities shall be funded from
available County revenue other than Solid Waste Service Assessments.
(B) For the Fiscal Year in which Solid Waste Service Assessments for
Residential Waste and Recyclable Materials management, collection, and disposal
services, facilities and programs are imposed, the Solid Waste Cost shall be allocated
among all parcels of Assessed Property, based upon each parcels' classification as
Residential Property and the number of Dwelling Units for such parcels. A rate of
assessment equal to $170.88 for each Dwelling Unit for Residential Waste and
Recyclable Materials management, collection, and disposal services is hereby approved
for the Fiscal Year commencing on October 1, 2006. In addition to the Solid Waste
Service Assessments for Residential Waste and Recyclable Materials for the Fiscal
Year, the Solid Waste Cost due from any property for prior Fiscal Years which is
delinquent shall be assessed against such Residential Property.
15
(C) The rate of the Solid Waste Service Assessments established in this Initial
Assessment Resolution shall be the rates applied by the County Administrator in the
preparation of the initial Assessment Roll for the Fiscal Year commencing October 1,
2006, as provided in Section 6 of this Initial Assessment Resolution.
SECTION 6. ASSESSMENT ROLL.
(A) The County Administrator is hereby directed to prepare, or cause to be
prepared, an Initial Assessment Roll for the Fiscal Year commencing October 1, 2006.
Such Initial Assessment Roll shall contain the following: (1) a summary description of
all Assessed Property within the County Solid Waste Urban Service Area conforming to
the description contained on the Tax Roll, (2) the name and address of the Owner of
record of each parcel as shown on the Tax Roll, and (3) the amount of the Initial Solid
Waste Service Assessment for Residential Waste and Recyclable Materials
management, collection, and disposal services. The Initial Assessment Roll shall be
open to public inspection. The foregoing shall not be construed to require that the initial
Assessment Roll be in printed form if the amount of the Solid Waste Service
Assessment for each parcel of property can be determined by use of a computer
terminal available to the public. Such Solid Waste Service Assessment for each parcel
of Assessed Property shall be computed by multiplying the assessment rate by the
number of Dwelling Units on such parcel. A separate Assessment Roll containing the
above information shall also be prepared for any Residential Property that is delinquent
in payments of the Solid Waste Cost for prior Fiscal Years.
(B) It is hereby ascertained, determined, and declared that the foregoing
method of determining the Solid Waste Service Assessments for Residential Waste and
16
Recyclable Materials management, collection, and disposal services (1) is a fair and
reasonable method of apportioning the Solid Waste Cost among parcels of Assessed
Property and (2) is an equitable and efficient mechanism to address payment
delinquencies and recover funds advanced for Residential Waste and Recyclable
Materials management, collection, and disposal services, facilities, and programs which
are allocable to specific parcels of Assessed Property.
SECTION 7. AUTHORIZATION OF PUBLIC HEARING. There is hereby
established a public hearing to be held at 6:00 p.m. on August 15, 2006, in the County
Commission Chambers, on the Third Floor of the St. Lucie County Administration
Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of (A) receiving and
considering any comments on the Solid Waste Service Assessments from affected
property owners and (B) authorizing the imposition of such Solid Waste Service
Assessments for Residential Waste and Recyclable Materials management, collection,
and disposal and collection on the same bill as ad valorem taxes.
SECTION 8. NOTICE BY PUBLICATION. The County Administrator shall
publish a notice, as required by the Uniform Assessment Collection Act, in substantially
the form attached hereto as Appendix B. Such notice shall be published not later than
July 25, 2006 in a newspaper generally circulated in the County.
SECTION 9. NOTICE BY MAIL. The County Administrator shall provide notice
by first class mail to the Owner of each parcel of Assessed Property that was subject to
the Solid Waste Assessment for the first time, is being assessed for a delinquency in
the payment of the Solid Waste Cost for prior Fiscal Years or as otherwise required by
the Uniform Assessment Collection Act, in substantially the form attached hereto as
17
.
Appendix B. Such notices shall be mailed not later than July 25, 2006. For purposes of
the Solid Waste Assessment, the amount of the assessment levied in Fiscal Year 2006-
2007 shall be deemed the maximum rate authorized by law.
SECTION 10.
EFFECTIVE DATE. This Initial Assessment Resolution shall
take effect immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED THIS 18th day of July, 2006.
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18
APPENDIX A
DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA
APPENDIX A
DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA
The County Solid Waste Urban Service Area is described as that portion of the
unincorporated area of the County lying to the east of the following described line:
begin at the point Interstate 95 enters the County from Indian River County and run
southerly along Interstate 95 to Angle Road; then run westerly along Angle Road to
Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run
westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to
Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike;
then run southerly along Florida's Turnpike to Interstate 95; then run southerly along
Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C-
24 Canal; then run southerly along C-24 Canal to Juliette Avenue; then run westerly
along Juliette avenue to Salvatierra Boulevard; then run southerly along Salvatierra
Boulevard to Tanforan Boulevard; then run easterly along Tanforan Boulevard to
Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin
County.
A-1
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To Be Published on or before July 25,2006.
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS
Notice is hereby given that the Board of County Commissions of St. Lucie
County, Florida (the "Board") will conduct a public hearing to consider imposing solid
waste special assessments against certain improved residential properties located
within the County Solid Waste Urban Service Area to fund the cost of solid waste
management, collection, and disposal services, facilities and programs provided to such
properties and to authorize collection of such assessments on the tax bill.
The hearing will be held in the County Commission Chambers at 6:00 p.m. on
August 15, 2006, or soon thereafter as the matter may be heard in the St. Lucie County
Commission Chambers located on the Third Floor in the St. Lucie County
Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of
receiving public comment on the proposed assessments. All affected property owners
have a right to appear at the hearing and to file written objections with the Board within
20 days of this notice. If a person decides to appeal any decision made by the Board
with respect to any matter considered at the hearing, such person will need a record of
the proceedings and may need to ensure that a verbatim record is made, including the
testimony and evidence upon which the appeal is to be made. In accordance with the
Americans with Disabilities Act, persons needing a special accommodation or an
interpreter to participate in this proceeding should contact the Community Services
Director at (772) 462-1777 or TDD (772) 462-1428, at least seven days prior to the date
of the hearing.
The assessments will be computed by multiplying the number of dwelling units
on each parcel by the rate of assessment. The rate of assessment for the upcoming
fiscal year shall be $170.88 per dwelling unit. The maximum rate of assessment that
can be eharged in future fiscal years without additional notice shall be $170.88 per
dwelling unit. Copies of the assessment roll, showing the amount of the assessment to
B-1
be imposed against each parcel of property, and the legal documentation relating to the
assessments are available for inspection at the office of the County's MSBU
Coordinator located on the Second Floor of the Administration Annex at 2300 Virginia
Avenue, Fort Pierce, Florida.
The assessments will be collected on the ad valorem tax bill to be mailed in
November 2006, as authorized by section 197.3632, Florida Statutes. Failure to pay
the assessments will cause a tax certificate to be issued against the property which may
result in a loss of title.
If you have any questions, please contact the County at (772) 462-3500,
Monday through Friday between 8:30 a.m. and 5:00 p.m.
[INSERT MAP OF COUNTY]
DOUGLAS M. ANDERSON
County Administrator
B-2
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APPENDIX C-1 AND C-2
FORM OF NOTICE TO BE MAILED
·
APPENDIX C-l
* * * * * NOTICE TO PROPERTY OWNER * * * * *
ST. LUCIE COUNTY
2300 Virginia Avenue
Ft. Pierce, Florida 34982
ST. LUCIE COUNTY, FLORIDA
NOTICE OF HEARING TO IMPOSE
AND PROVIDE FOR COLLECTION OF
NON-AD VALOREM ASSESSMENTS
NOTICE DATE: JULY 25, 2006
Owner
Address
City, State Zip
Tax Parcel #
Legal Description:
As required by Section 197.3632, Florida Statutes, and at the direction of the Board of
County Commissioners of St. Lucie County, Florida, notice is given by the County that
annual assessments for solid waste services (qarbaqe and vard waste collection) using
the tax bill collection method, may be levied on your property. The use of an annual
special assessment to fund solid waste services benefiting improved residential
property located within the County Solid Waste Urban Service Area is a fair, efficient
and effective manner to fund solid waste services. The total annual solid waste
assessment revenue to be collected within the County Solid Waste Urban Service Area
is estimated to be $3,326,520.96. The annual solid waste assessment is based on the
number of residential dwelling units contained on each parcel of property.
The following is a summary of the non-ad valorem special assessments being imposed
on the above parcel for the fiscal year beginning October 1, 2006.
The above parcel is subject to the solid waste assessment:
The total number of residential dwelling units on the above parcel is
units.
dwelling
The annual solid waste assessment for the above parcel is $ for fiscal year
2006-07 and shall constitute the maximum amount of the assessment for future fiscal
years, unless a new resolution is subsequently adopted by the Board.
A public hearing will be held at 6:00 p.m. on August 15, 2006, or as soon thereafter as
may be heard, in the County Commission Chambers, on the Third Floor of the St. Lucie
County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the
C-1
'"
purpose of receiving public comment on the proposed assessments. All owners of
improved residential property within the County Solid Waste Urban Service Area were
mailed individual notices similar to this one. Subsequent to this year, only owners of
reclassified property which resulted in an increased assessment, or owners of property
not included on the prior years assessment roll will receive updated mailed notice in
addition to the annual published notice, provided that the amount levied does not
exceed the maximum amount of the assessment as set forth herein. You and all other
affected property owners have a right to appear at the hearing and to file written
objections with the Board within 20 calendar days of the date of this notice. If you
decide to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at the hearing, you will need a record of the
proceedings and may need to ensure that a verbatim record is made, including the
testimony and evidence upon which the appeal is to be made. In accordance with the
Americans with Disabilities Act, persons needing a special accommodation or an
interpreter to participate in this proceeding should contact the Community Services
Director at (772) 462-1777 or telecommunications device for the deaf at (772) 462-
1428, at least seven (7) days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief
within 20 days from the date of Board's action at the above hearing (including the
method of apportionment, the rate of assessment and the imposition of assessments),
such action shall be the final adjudication of the issues presented.
Copies of the legal documentation for the assessment program are available for
inspection at the Office of the County's MSBU Coordinator, located on the Second Floor
of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida.
The special assessment amount shown on this notice and the ad valorem taxes for the
above parcel will be collected on the ad valorem tax bill mailed in November of each
year that the assessment is imposed. Failure to pay the assessment will cause a tax
certificate to be issued against the property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions,
please contact the County at (772) 462-3500, Monday through Friday between 8:30
a.m. and 5:00 p.m.
*****THIS IS NOT A TAX BILL*****
C-2
. .
.
APPENDIX C-2
. . . . . NOTICE TO PROPERTY OWNER· . . . .
ST. LUCIE COUNTY
2300 Virginia Avenue
Ft. Pierce, Florida 34982
ST. LUCIE COUNTY, FLORIDA
NOTICE OF HEARING TO IMPOSE
AND PROVIDE FOR COLLECTION OF
NON-AD VALOREM ASSESSMENTS
Owner
Address
City, State Zip
NOTICE DATE: JULY 25, 2006
Tax Parcel #
Legal Description:
NOTICE OF ASSESSMENT FOR "UNCOLLECTED" SOLID WASTE SERVICE
ASSESSMENT FEES DUE FOR FISCAL YEAR 2005-2006 (OCTOBER 1, 2005 THROUGH
SEPTEMBER 30, 2006).
As required by Section 197.3632, Florida Statutes, and at the direction of the Board of County
Commissioners of SI. Lucie County, Florida, notice is given by the County that annual
assessments for solid waste services (garbage. recvcling and vard waste collection and
disposal service) using the tax bill collection method, may be levied on your property. The use
of an annual special assessment to fund solid waste services benefiting improved residential
property located within the County Solid Waste Urban Service Area is a fair, efficient and
effective manner to fund solid waste services. The total annual solid waste assessment
revenue to be collected within the County Solid Waste Urban Service Area is estimated to be
$9,740.16. The annual solid waste assessment is based on the number of residential dwelling
units contained on each parcel of property.
The following is a summarv of the solid waste service assessments that were erroneouslv not
collected for the above parcel for the fiscal vear beginning October 1. 2005. This amount is in
addition to the solid waste non-ad valorem assessment for the fiscal year beginning October 1,
2006.
The above parcel is subject to the solid waste assessment:
The total number of residential dwelling units on the above parcel is
dwelling units.
The annual solid waste assessment for the above parcel is $ for fiscal year 2005-06
and shall constitute the maximum amount of the assessment for future fiscal years, unless a
new resolution is subsequently adopted by the Board.
C-3
.
. "'
.
A public hearing will be held at 6:00 p.m. on August 15, 2006, or as soon thereafter as may be
heard, in the County Commission Chambers, on the Third Floor of the SI. Lucie County
Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving
public comment on the proposed assessments. All owners of improved residential property
within the County Solid Waste Urban Service Area were mailed individual notices similar to this
one. Subsequent to this year, only owners of reclassified property which resulted in an
increased assessment, or owners of property not included on the prior years assessment roll
will receive updated mailed notice in addition to the annual published notice, provided that the
amount levied does not exceed the maximum amount of the assessment as set forth herein.
You and all other affected property owners have a right to appear at the hearing and to file
written objections with the Board within 20 calendar days of the date of this notice. If you decide
to appeal any decision made by the Board of County Commissioners with respect to any matter
considered at the hearing, you will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be made. In accordance with the Americans with Disabilities Act, persons needing a special
accommodation or an interpreter to participate in this proceeding should contact the Community
Services Director at (772) 462-1777 or telecommunications device for the deaf at (772) 462-
1428, at least seven (7) days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20
days from the date of Board's action at the above hearing (including the method of
apportionment, the rate of assessment and the imposition of assessments), such action shall be
the final adjudication of the issues presented.
Copies of the legal documentation for the assessment program are available for inspection at
the Office of the County's MSBU Coordinator, located on the Second Floor of the Administration
Annex at 2300 Virginia Avenue, Fort Pierce, Florida.
The special assessment amount shown on this notice and the ad valorem taxes for the above
parcel will be collected on the ad valorem tax bill mailed in November of each year that the
assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued
against the property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions, please
contact the County at (772) 462-3500, Monday through Friday between 8:30 a.m. and 5:00 p.m.
·····THIS IS NOT A TAX BILL·····
C-4