HomeMy WebLinkAbout15-121JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4097719 08!03!2015 at 11:53 AM
OR BOOK 3773 PAGE 2819 - 2840 Doc Type; RESO
RECORDING: $188.50
Attachment "1"
ST. LUCIE COUNTY, FLORIDA
PRELIMINARY ASSESSMENT RESOLUTION
SOLID WASTE
ADOPTED: July 21, 2015
TABLE OF CONTENTS
Page
SECTION 1.
AUTHORITY..................................................................................................1
SECTION z.
PURPOSE AND DEFINITIONS........................................................................1
SECTION 3.
LEGISLATIVE DETERMINATIONS................................................................11
SECTION 4.
SOLID WASTE COLLECTION AND DISPOSAL SERVICES...............................14
SECTION 5.
DETERMINATION OF SOLID WASTE COST;
ESTABLISHMENT OF PRELIMINARY SOLID WASTE SERVICE
ASSESSMENTS............................................................................................15
SECTION 6.
ASSESSMENT ROLL.....................................................................................16
SECTION 7.
AUTHORIZATION OF PUBLIC HEARING......................................................17
SECTION 8.
NOTICE BY PUBLICATION ....................................... I ........... ........................ 17
SECTION 9.
NOTICE BY MAIL.........................................................................................17
SECTION 10,
EFFECTIVE DATE, ........................................................................................ 18
APPENDIX A.
DESCRIPTION OF COUNTY SOLID WASTE URBAN
SERVICE AREA..........................................................................................
A-1
APPENDIX B.
FORM OF NOTICE TO BE PUBLISHED.......................................................
B-1
APPENDIX C.
FORM OF NOTICE TO BE MAILED ............................................................
.................................
C-1
1111*71011111111111IQ101&75V14I
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 PRELIMINARY 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 Preliminary 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 Preliminary Assessment Resolution, the following terms shall have the
following meanings, unless the context hereof otherwise requires:
"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 Preliminary 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 waste that may present a threat of
infection to humans. The term includes, but is not limited to, non -liquid human tissue and body
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parts; laboratory and veterinary waste that contain human -disease -causing agents; discarded
disposable sharps; human blood and human blood products and body fluids; and other materials
that in the opinion of the Department of Health represent a significant risk of infection to persons
outside the generating facility. The term does not include human remains that are disposed of by
persons licensed under Chapter 497, 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 does not include
human remains that are disposed of by persons licensed under Chapter 497, Florida Statutes,
"Board" means the Board of County Commissioners of St. Lucie County, Florida.
"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 nonhazardous in nature, including but not limited to steel, glass,
brick, concrete, asphalt roofing 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, and includes rocks, soils, tree remains, trees, and other vegetative
matter that normally results from land clearing or land -development operations for a
construction project including such debris from construction of structures at a site remote from
the construction or demolition project site. Mixing of construction and demolition debris with
other types of solid waste will cause the resulting mixture to be classified as other than
construction and demolition debris. The term also includes:
1. Clean cardboard, paper, plastic, wood, and metal scraps from a construction
project;
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2. Except as provided in S. 403.707(9)(j), Florida Statutes, yard trash and unpainted,
nontreated wood scraps and wood pallets from sources other than construction or demolition
projects;
3. Scrap from manufacturing facilities which is the type of material generally used in
construction projects and which would meet the definition of construction and demolition debris
if it were generated as part of a construction or demolition project. This includes debris from
the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and
similar materials from industrial or commercial facilities; and
4. De minimis amounts of other nonhazardous wastes that are generated at
construction or destruction projects, provided such amounts are consistent with best
management practices of the industry.
"County" or any like term, means a political subdivision of the state established pursuant
to 5.1, Art. VIII of the State Constitution and, when S. 403.706(19), Florida Statutes, applies,
means a special district or other entity.
"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 established in Rule 12D-8.008, Florida
Administrative Code, assigned by the Property Appraiser to Tax Parcels within the County.
"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 Preliminary
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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 does not include human remains that are disposed of by persons
licensed under Chapter 497, 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.
"Preliminary 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 separate walls
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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 that are capable of being recycled and that
would otherwise be processed or disposed of as solid waste.
"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 -Z", "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 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
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programs providing a special benefit to property as a 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; (1) 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; (1) a 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 any solid waste management facility that is the
final resting place for solid waste, including landfills and incineration facilities that produce ash
from the process of incinerating municipal solid 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.
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"White Goods" includes discarded air conditioners, heaters, refrigerators, ranges, water
heaters, freezers, and other similar domestic and commercial large appliances.
"Yard Trash" means vegetative matter resulting from yard landscaping maintenance and
land clearing operations and includes associated rocks and soils.
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:
(A) Pursuant to Article VIII, Section 1, Florida Constitution, and Sections 125.01 and
325.66, 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 Vill, 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 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.
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(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.
(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 database, 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 and the
Interlocal Agreement with the Property Appraiser 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, collection, and disposal services,
facilities, and programs to the Owners and occupants of Residential Property for proper, safe,
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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 benefitted 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 Preliminary 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 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 PRELIMINARY
SOLID WASTE SERVICE ASSESSMENTS.
(A) The Solid Waste Cost to be assessed and apportioned among benefitted parcels
for the Fiscal Year commencing October 1, 2015, is approximately $4,860,472.98. The approval
of this Preliminary 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
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for such parcels. A rate of assessment equal to $252.06 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, 2015. 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.
(C) The rate of the Solid Waste Service Assessments established in this Preliminary
Assessment Resolution shall be the rates applied by the County Administrator in the preparation
of the Preliminary Assessment Roll for the Fiscal Year commencing October 1, 2015, as provided
in Section 6 of this Preliminary Assessment Resolution.
SECTION 6. ASSESSMENT ROLL.
(A) The County Administrator is hereby directed to prepare, or cause to be prepared,
a Preliminary Assessment Roll for the Fiscal Year commencing October 1, 2015. Such
Preliminary 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 Preliminary Solid Waste Service
Assessment for Residential Waste and Recyclable Materials management, collection, and
disposal services. The Preliminary Assessment Roll shall be open to public inspection. The
foregoing shall not be construed to require that the Preliminary 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 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 September 1, 2015,
in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration
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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 August 5, 2015 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 Appendix B. Such notices shall be mailed not later than August 5, 2015.
For purposes of the Solid Waste Assessment, the amount of the assessment levied in Fiscal Year
2015-2016 shall be deemed the maximum rate authorized by law.
SECTION 10. EFFECTIVE DATE.
This Preliminary Assessment Resolution shall take effect immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 215' day of July 2015.
(SEAL)
ATTEST:
By:
Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
ST. LUC{ IE�COUNTY, FLORIDA
By: g""& Z
Chair
APPROVEC
CORREC�TN
By:
R FORM AN
County A
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 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.
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APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To be published on or before August 5, 2015
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS
Notice is hereby given that the Board of County Commissioners 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 September
1, 2015, or as 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 George Landry, Safety and Risk
Manager at (772) 462-1546 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
$252.06 per dwelling unit. The maximum rate of assessment that can be charged in future fiscal
years without additional notice shall be $252.06 per dwelling unit. Copies of the assessment
roll, showing the amount of the assessment to be imposed against each parcel of property, and
the legal documentation for the assessment program are available for inspection at the Office of
the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107 Fort Pierce, Florida.
The assessments will be collected on the ad valorem tax bill to be mailed in November
2015, 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.
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If you have any questions, please contact the County at (772) 462-1631, Monday through
Friday between 8:00 a.m. and 5:00 p.m.
[INSERT MAP OF COUNTY]
ward N. Tipton
ounty Administrator
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APPENDIX C-1 AND C-2
FORM OF NOTICE TO BE MAILED
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APPENDIX C-1
******NOTICE TO PROPERTY OWNER******
ST. LUCIE COUNTY, FLORIDA NOTICE OF
NEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF NON -AD VALOREM
ASSESSMENTS
St. Lucie County
2300 Virginia Avenue NOTICE DATE: August 5, 2015
Owner Tax Parcel #
Address Legal Description:
City, State, Zip
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 bythe Countythat annual assessments
for solid waste services (garbage and yard 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 benefitting 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 $4,860,472.98. 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, 2015.
The above parcel is subject to the solid waste assessment:
The total number of residential dwelling units on the above parcel is 1 dwelling units.
The annual solid waste assessment for the above parcel is $252.06 for fiscal year 2015-2016 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 September 1, 2015 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 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
16
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 George
Landry, Safety and Risk Manager at (772) 462-1546 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 St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107, 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) 462-5112, Monday through Friday between 8:00 a.m. and 5:00 p.m.
*****THIS IS NOT A TAX BILL*****
17
APPENDIX C-2
* * * * * NOTICE TO PROPERTY OWNER * * * * *
ST. LUCIE COUNTY
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Owner
Address
City, State Zip
ST, LUCIE COUNTY, FLORIDA
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF NON -AD
VALOREM ASSESSMENTS
NOTICE DATE: AUGUST 5, 2015
NOTICE OF ASSESSMENT FOR "UNCOLLECTED" SOLID WASTE SERVICE ASSESSMENT FEES DUE
FOR FISCAL YEAR 2014-2015 (OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015).
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 bythe County that annual assessments
for solid waste services (garbage, recycling and yard waste collection and disposal services using
the tax bill collection method, may be levied on your property. The use of an annual special
assessment to fund solid waste services benefitting 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 for "uncollected" solid waste service assessment fees is
estimated to be $4,860,472.98. 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 solid waste service assessments that were erroneously not
collected for the above parcel for the fiscal year beginning October 1, 2014. This amount is in
addition to the solid waste non -ad valorem assessment for the fiscal year beginning October 1,
2015.
The above parcel is subject to the solid waste assessment:
The total number of residential dwelling units on the above parcel is 1 dwelling units.
The annual solid waste assessment for the above parcel is $252.06 for fiscal year 2015-16 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 September 1, 2015, 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 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 George
Landry, Safety and Risk Manager at (772) 462-1546 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 St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107 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) 462-51.12, Monday through Friday between 8:00 a.m. and 5:00 p.m.
*****THIS IS NOT A TAX BILL*****
19