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Home My WebLink About05-027 ORDINANCE NO. 05-027 AN ORDINANCE" RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS IN THE UNINCORPORA TED AREA OF ST. LUCIE COUNTY; AMENDING CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-9-71 (RESIDENTIAL PROPERTY) / TO PROVIDE FOR ALTERNATIVE METHODS OF COLLECTING THE FEES INCLUDING A NON-AD VALOREM ASSÉ5SMENT; REQUIRING THAT ANY ACTION BE BROUGHT WITHIN THIRTY DAYS OF THE ADOPTION OF THE FINAL ASSESSMENT RESOLUTION; PROVIDING FOR PENALTIES AND REMEDIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA HAS MADE THE FOLLOWING DETERMINATIONS: (a) Pursuant to Article VIII, Section 1 of the Florida Constitution, and F .S. §§ 125.01 and 125.66, the board has all powers of local self government to perform county functions and to render or contract for services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances. (b) Pursuant to F. S. § 125.01, the county has the general responsibility and authority to provide for the collection of solid waste and recyclable materials within the unincorporated area of the county. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-9-71 AS FOLLOWS: DIVISION 2. MANDATORY COLLECTION OF SOLID WASTE Strtlch tl,rotlgh passages are deleted. Underlined passages are added. 1 EDWIN M. FRY, Jr" CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2682665 O8/08f2005 at 09:14 AM OR BOOK 2325 PAGE 134 - 137 Doc Type: ORDN RECORDING: $35.50 Section 1-9-71 RESIDENTIAL PROPERTY. (a) During the term of any service agreement authorized by section 1-9-91(a), all solid waste (other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility) generated from residential property located within the urban unincorporated area shall be collected by a regulated contractor. The owners of all such residential property will be responsible for the use of such service by all occupants of the property and shall be responsible for the payment of service fees in accordance with the applicable service agreement including fees related to the availability of collection services for recyclable materials. Fees for such services, including the cost of collection, disposal and administration.. including the payment of any delinquent amounts owed. may be collected pursuant to any method authorized by law including the imposition of fees at the time of issuance of any permit or certificate of occupancy, collection by the contractor or as a non-ad valorem assessment pursuant to the provisions of F.S. § 197.3632. In the event that the county elects to collect the charges pursuant to the provisions of F.S. § 197,3632, the adoption of the final assessment resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the property; the method of apportionment and assessment; the initial rate of assessment; the maximum assessment rate, if any; the initial assessment roll; and the levy and lien of the solid waste assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within thirty (30) days from the date of the board action on the final assessment resolution. (Q) In the event that the County determines to collect the service fees as a non-ad valorem assessment pursuant to the provisions of F.S. § 197.3632 and a property is omitted. then. in addition to any service fees for current service. an amount equivalent to the payment delinquency. delinquency fees which shall only apply in those cases where a property owner had knowledge and notice of the fee and failed to pay. and recording costs for a prior year's fees for service may be included provided. (1) the collection method used in connection with the prior year's assessment did not use a collection methodology authorized by F.S. § 197.3632. (2) notice is provided to the Owner and (3) any lien on the affected parcel for the prior year's assessment is supplanted and transferred to such Solid Waste Disposal Assessment upon certification of a non-ad valorem roll to the Tax Collector by the County. Strtlc< throl:lgh passages are deleted. Underlined passages are added. 2 PART B. SEVERABILITY . Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART C. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This ordinance, being necessary for the welfare and the inhabitants of the County shall be liberally construed to effect the purposes hereof. PART D. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. PART E. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice Chai rman Doug Coward Commissioner Frannie Hutchinson Commissioner Joseph E. Smith Commissioner Chris Craft NO AYE AYE AYE AYE $trl:¿:h thrðl:gh passages are deleted. Underlined passages are added. 3 PART G. CODIFICATION Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. PASSED AND DULY ADOPTED this 2nd day of August, 2005. ,~" . . /¡j!.',\- "J7~~~*' BOARD OF COUNTY COMM;rSSIQr'JERS / ~' .' 1 ST. LUCIE ,COUNTY, FUJRIDAi", ,0:'''-' .1,', > ..,~) :7':~~,' ..:,/,~~': _1' ...... ~l /"¿':<~ ,\ ....".c,__ "- c'_,' " . /,'_:/ . BY:/~éi7n/),7'v7-h~;..~J··ílZi:Ju~o:>"v¡; ^" ",t' "r' Chairman .,,} ·,/¡if..J A \ '. . ~ I( /;1,." "," / <.n:' ,i,{ ,,¡{/ { " BY: Strtfeh tkrðtfgk passages are deleted. Underlined passages are added. 4