HomeMy WebLinkAbout04-026
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ORDINANCE NO. 04-026
AN ORDINANCE RELA TING 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
ASSESSMENT; 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.
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:
Section 1-9-71
RESIDENTIAL PROPERTY.
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
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 section 197.3632. Florida
Statutes. In the event that the County elects to collect the charges pursuant to the
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provisions of section 197.3632. Florida Statutes. 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 30 days from the date of the Board action on the final assessment resolution.
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.
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ADOPTION
After motion and second, the vote on this ordinance was as follows:
Chairman Paula Lewis
Vice Chairman John D. Bruhn
Commissioner Frannie Hutchinson
Commissioner Cliff Barnes
Commissioner Doug Coward
AYE
AYE
AYE
AYE
AYE
PART G.
CODIFICA TION
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 3rd day of August, 2004.
BOARD OF COUNTY COMMISSIONÉRS
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ST. LUCIE COUNTY, FLORIDA-,\)".·
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