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Ordinance 033-1989 "..;-.---- MONROE COUNTY ORDINANCE NO. 033-1989 AN ORDINANCE RELATING TO THE COLLECTION, DISPOSAL AND ASSESSMENT FOR SOLID WASTE WITHIN MONROE COUNTY, FLORIDA, TO BE MORE COMMONLY KNOWN AS THE MONROE COUNTY SOLID WASTE COLLECTION, DISPOSAL AND ASSESSMENT ORDINANCE; PROVIDING DEFINITIONS; SETTING FORTH FINDINGS; PROVIDING FOR THE STATEMENT OF INTENT; PROVIDING FOR THE MANDATORY DISPOSAL OF DOMESTIC SOLID WASTE; SETTING FORTH THE DESCRIPTION OF THE SERVICE TO BE PROVIDED; CREATING SERVICE AREAS; PROVIDING FOR THE DUTIES OF COLLECTORS; PROVIDING FOR THE REGULATION OF COLLECTION; PROVIDING FOR THE RESPONSIBILITY OF PROPERTY OWNERS AND OCCUPANTS OF IMPROVED PROPERTY; REGULATING THE COLLECTION AND DISPOSAL OF CONSTRUCTION WASTE; SETTING FORTH PROHIBITED ACTS; PROVIDING FOR PENALTIES; CREATING THE MONROE COUNTY SOLID WASTE MUNICIPAL SERVICE BENEFIT UNIT; PROVIDING FOR THE PRIMA FACIE EVIDENCE OF ACCUMULATION OF WASTE; IMPOSING AN ANNUAL SOLID WASTE ASSESSMENT; SETTING FORTH PROCEDURES FOR THE ADOPTION OF THE RATE RESOLUTION; SETTING FORTH PROCEDURES FOR THE ADOPTION OF ANNUAL SOLID WASTE ASSESSMENT ROLL; PROVIDING FOR THE REVISION OF RATE RESOLUTIONS; PROVIDING THE PROCEDURE FOR THE ADOPTION OF AN ADDENDUM TO SOLID WASTE ASSESSMENT ROLL; PROVIDING FOR THE UTILIZATION OF STATUTORY COLLECTION PROCEDURES; PROVIDING ALTERNATIVE COLLECTION PROCEDURES; PROVIDING THAT SOLID WASTE ASSESSMENTS COLLECTED UJDER THE ALTERNATIVE COLLECTION PROCEDURES SIAm? CONSTITUTE A LIEN UPON RESIDENTIAL PROP~~~ PROVIDING PROCEDURES FOR THE COLLECTION o~1 SOLID WASTE ASSESSMENT BY THE TAX COLLEC!l'~; PROVIDING FOR DISCHARGE OF RECORDED LI~S; PROVIDING FOR THE ENFORCEMENT OF DELINQ~NT SOLID WASTE ASSESSMENTS; PROVIDING FOR INTBRIM COLLECTION SERVICE CHARGES ON ::NEW CONSTRUCTION; PROVIDING FOR THE CORRECTION OF ERRORS AND OMISSIONS; ESTABLISHING THE CALCULATION OF TIME; PROVIDING FOR THE SEVERABILITY; PROVIDING FOR SUPPLEMENTAL AUTHORITY; SUPERSEDING ALL PREVIOUSLY ADOPTED CONFLICTING PROVISIONS; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. E8 ..." r rr1 ~ ::J "1 '.:) --- '" -..J ,J ,~ ;;e , --- .., ~ :,:.:; ;xl N ::J COUNTY, FLORIDA, that: BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE PART I - GENERAL This Ordinance shall be SECTION 1. SHORT TITLE. COllection, Disposal and Assessment Ordinance." identified by and may be cited as the "Monroe County Solid Waste SECTION 2. DEFINITIONS. For the purpose of this Ordinance, the definitions contained in this section shall apply . ,unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Use of the masculine gender shall include the feminine gender. The word "shall" is always mandatory and not merely discretionary. A. "Addendum to Annual solid Waste Assessment Roll" or the word "Addendum" shall mean the list confirmed by the Board each Fiscal Year containing the same information as the Annual Solid Waste Assessment Roll for lots or parcels of Property which are subject to the Solid Waste Assessment but were not incorporated on the corresponding Annual Solid Waste Assessment Roll confirmed for such Fiscal Year because of error or omission or incorporating any changes in the information specified for any lot or parcel of Assessed Property on the corresponding Annual Solid Waste Assessment Roll. B. "Annual Solid Waste Assessment Roll" shall mean a list confirmed by the Board each Fiscal Year of all lots and parcels of Assessed Property in the County within the boundaries of a unit containing the following information: (1) a summary description of each lot and parcel conforming to the description contained on the Real Property Assessment Roll; (2) the name and address of the Owner of each lot and parcel as reflected on the Real Property Assessment Roll; and (3) the Annual Solid Waste Assessment imposed on each lot or parcel as established in the Rate Resolution. C. "Apartment" means a rental Dwelling unit located within the same Building as other rental Dwelling Units. D. "Assessment Date" shall mean January 1 of each year, or such other date as may be designated by the Board, which date shall constitute the date on which the Solid Waste Assessment is imposed as a lien against Assessed Property listed on the Annual Solid Waste Assessment Roll or on any Addendum. E. "Assessed Property" shall mean such lots or parcels as may be designated by the Board in the Rate Resolution, against which a Solid Waste Assessment is imposed. 2 F. "Board" shall mean the Board of County Commissioners of Monroe county, Florida. G. "Building" shall mean any structure, whether temporary or permanent, built for the support, shelter or enclosure of Persons, chattel or property of any kind. This term shall include trailers, Mobile Homes or any vehicles serving in any way the function of a Building. H. "Certificate of occupancy" shall mean the written certification issued by the County that a Building is ready for occupancy for its intended use. For the purposes of this ordinance, a set up or tie down permit issued for a Mobile Home shall be considered a certificate of Occupancy for the purposes of this Ordinance. I. "Clerk" shall mean the Clerk of the Board or his designee. J. "Collection" shall mean the process whereby Domestic Solid Waste is removed and transported to a Solid Waste Disposal Facility. K. "Collection Agreement" shall mean an agreement between the County and a Collector to provide for Collection Services within a Service Area pursuant to section 6 of this Ordinance. L. "Collection Charge" shall mean the charge or rate established each year in the Rate Resolution for the collection of Domestic Solid Waste from Residential Property. M. "Collection Service" shall mean collectively Residential Collection Service and Commercial Collection Service. N. "Collector" shall mean those Persons who are licensed under the provisions of section 7, and who provide Residential and/or Commercial Collection Services pursuant to a Collection Agreement. O. "Commercial Collection service" shall mean the collection, disposal and recycling of Domestic Solid Waste generated by Commercial Property provided by a Collector. 3 P. "Commercial container" shall mean and include any detachable receptacle or roll off box for disposal of Solid Waste designed or intended for mechanical pickup. Q. "Commercial Property" shall mean all Improved Property which is not utilized as Residential Property. R. "Condominium" shall mean a Building or portion thereof containing one or more units in which each unit is designed for residential occupancy by one family only and which is owned pursuant to the provisions of Chapter 718, Florida statutes (1988), or its successor in function. S. "County" shall mean Monroe County, Florida. T. "County Administrator" shall mean the chief administrative officer of the County appointed by the Board, or his designee. u. "Customer" shall mean the Owner or Occupant of Improved Property. V. "Delinquency Date" shall mean the date a Solid Waste Assessment becomes delinquent under the alternative collection procedure established as provided in section 22. W. "Disposal Charge" shall mean the charge or rate established each year in the Rate Resolution for the disposal of categories of Domestic Solid Waste, Construction Waste, Extraordinary Waste and Sludge at the Solid Waste Disposal Facility. x. "Due Date" shall mean the date a Solid Waste Assessment is to be paid under the alternative collection procedure established as provided in Section 22. Y. "Dwelling unit" shall mean any individual residential living type of structure or building unit with kitchen facilities capable of being utilized for residential living other than a hotel or motel unit. z. "Fiscal Year" shall mean that period beginning October 1st of each year and ending on the 30th date of September of the subsequent year. 4 AA. "Garbage Receptacle" shall mean any commonly available light gauge steel, plastic or galvanized receptacle of a non- absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle (s) . A receptacle also includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Any receptacle containing waste materials shall not exceed thirty-two (32) gallons in capacity or fifty (50) pounds in weight, unless a Contractor implements an automated or semi-automated collection system requiring the use of some other standard receptacle compatible with the Collector's equipment. BB. "Governmental Property" shall mean all property owned by any federal, state, county, municipal or local governmental units, or any agency of such governmental unit, including school boards. CC. "Handicapped Person" shall mean those persons who are certified by a physician licensed in the state of Florida, that they are physically unable to transport Domestic Solid Waste to the curb from other areas of their Residential Property and who reside either alone or with other persons who would likewise qualify as Handicapped Persons. DO. "Improved Property" shall mean all Residential Property or Commercial Property containing a Building that generates, or is capable of generating, Solid Waste. EE. "License" shall mean that card which shall be issued to a Person which has complied with the requirements of section 7. FF. "Mobile Home" shall mean manufactured homes, trailers, campers and recreational vehicles. GG. "Non-Assessed Property" shall mean that property which pursuant to the Rate Resolution is not subject to the Solid Waste Assessment. HH. "Occupant" shall mean the Person or Persons occupying Improved Property, either the Owner or, if other than the Owner, then a Person who occupies the Improved Property with the express or implied consent of such Owner. 5 II. "Owner" shall mean the Person or Persons owning Improved Property. JJ. "penalty" shall mean the penalties established for delinquent payment of a Solid Waste Assessment under the alternative collection procedure established as provided in section 22. KK. "Person" shall mean any individual, partnership, firm, organization, corporation, association or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. LL. "Property Appraiser" shall mean the Property Appraiser of Monroe County, Florida. MM. "Rate Resolution" shall mean the resolution adopted by the Board under the provisions of section 17 establishing: (1) the schedule of Solid Waste Assessments to be imposed; (2) the Collection Charge; (3) the Disposal Charge; (4) the Recycling Charge; and (5) the categories of Assessed Property. NN. "Real Property Assessment Roll" shall mean the assessment roll maintained by the Property Appraiser under law for the levy of ad valorem taxes on real property. 00. "Rear-Door Collection Service" shall mean a type of Residential Collection Service rendered to Residential Property whereby Domestic Solid Waste will be picked up from garbage containers placed on side or rear yards of the primary Building. PP. "Recycling charge" shall mean the charge or rate established each year in the Rate Resolution for the recycling of such Domestic Solid Waste as required by the County. QQ. "Residential Collection Service" shall mean the collection, disposal and recycling of Domestic Solid Waste generated by Residential Property provided by a Collector, who has been granted a Collection Agreement. RR. "Residential Property" shall mean all Improved Property, or any portion thereof, used as a Dwelling unit and includes: "Single Family Dwelling Units," "Apartments," "Mobile Homes" and "Condominiums." 6 SSe nservice Arean refers to a geographic area, as described and defined under section 6, served by a Collector providing Residential Collection Service pursuant to a Collection Contract within boundaries established by the Board. TT. "single-Family Dwelling unit" shall mean a Building, Mobile Home, or a portion thereof, designed for residential occupancy which is arranged, designed or used as living quarters for one family only. uu. "Solid Wasten shall mean both Domestic Solid Waste and Special Solid Waste, as defined below. (I) Domestic Solid Waste means Garbage, Horticultural Trash, Bulk Waste and Rubbish. (a) Bulk Waste shall mean any waste that requires additional management due to its bulk or weight and shall include, but not be limited to furniture, bicycles, Horticultural Trash greater than five (5) inches in diameter or five (5) feet in length, lawn mowers and White Goods. (b) Garbage shall mean animal, fruit and vegetable waste, either along with or in combination with other putrescible matter resulting from the handling, storage, sale, preparation, cooking, serving, processing, slaughter, manufacture or consumption of animal, fruit or vegetable matter, which is subject to decomposition or decay, and any container of such material. (c) Horticultural Trash shall mean an accumulation of lawn, grass or shrubbery cuttings, leaf clippings and dry leaf rakings, palm fronds, small tree branches, bushes or shrubs, green leaf cuttings, fruits or other matter usually created as refuse in the care of lawns and yards, not exceeding five (5) feet in length and five (5) inches in diameter. (d) Rubbish shall mean refuse accumulation of paper, excelsior, rags, wooden or paper boxes or containers, sweepings, and all other accumulations of a 7 nature other than Garbage which are usual to housekeeping and to the operation of stores, offices and other business places; also any bottles, cans of other containers not containing Garbage. (2) Special Solid Waste means Construction Waste, Extraordinary Waste, Hazardous Waste, Biohazardous Wastes and Sludge, as defined below: (a) Construction Waste shall mean non-hazardous materials generally considered not to be water soluble, or a combination of such materials, which consist of the remnants or debris from the construction, reconstruction, remodeling or demolition of any structure, and shall include, but not be limited to, metal, metal products, concrete, glass, rock, roofing materials, asphalt, wood, tar, brick, cement and gypsum board. (b) Extraordinarv Waste shall include items which require extraordinary management due to their extreme bulk or weight and shall include, but not be limited to, abandoned automobiles, automobile parts, tires and boats. (c) Hazardous Waste means solid waste as defined by the State of Florida Department of Environmental Regulation as a hazardous waste in the State of Florida Administrative Code Chapter 17-30. (d) Biohazardous Wastes shall mean any solid waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste which contains human disease causing agents; discarded sharps, human blood, human blood products and body fluids. The following are also included: (i) Used, absorbent materials such as bandages, gauzes or sponges that are supersaturated, having the potential to drip or splash blood or body fluids, from areas such as operating rooms, delivery 8 rooms, trauma centers, emergency rooms or autopsy rooms. (ii) Devices which retain visible blood adhering to inner surfaces after use and rinsing such as intravenous tUbing, hemodialysis filters and catheters; and (iii) Other contaminated solid waste materials which represent a significant risk of infection that are generated in medical facilities which care for persons suffering from those rare or unusual diseases requiring strict isolation criteria and listed by the U. S. Department of Health and Human Services, centers for Disease Control. "CDC Guidelines for Isolation Precautions in Hospitals," July/August, 1983. (e) Sludqe means any solid or semi-solid or liquid generated from any water or wastewater treatment plant, air pollution control facility, septic tank, grease trap, portable toilet and related operations, or any such waste having similar characteristics or effect. vv. "Solid Waste Assessment" shall mean the annual special assessment imposed upon a lot or parcel of Improved Property in the unit to pay for the cost of the collection, recycling, disposal and management of Domestic Solid Waste generated or capable of being generated from such property and the administrative costs related thereto. ww. "Solid Waste Assessment Category" shall mean the classification of Improved Property incorporated in the Rate Resolution for the imposition of the Solid Waste Assessment for such property. xx. "Solid Waste Disposal Facility" shall mean those sites, places or facilities operated or maintained by the County for the disposal of Solid Waste. YY. "Solid Waste Disposal Facility Budget" shall mean the estimated Fiscal Year cost of the operation, administration and 9 maintenance of the Solid Waste Disposal Facility as incorporated into the annual county budget, including: (1) required additions of and improvements to land or equipment; (2) administrative expenses in implementation of this Ordinance; and (3) necessary reserves for renewal and replacement, operational contingencies and required landfill closures. zz. "specialty Hauler" shall mean those Persons who are licensed under the provisions of section 7 and who provide for the collection of Special Solid Waste. AAA. "Tax collector" shall mean the Tax Collector of Monroe County, Florida. BBB. "unit" shall mean the Monroe County Solid waste Municipal Service Benefit Unit created under section 14. CCC. "Unsani tary Nuisance" is the commission of any act or the giving of the permission for the commission of any act of keeping, maintaining, propagating or permitting the existence of any Domestic or Special Solid Waste by any Person by which health or life may be threatened or impaired or by which disease may be caused. The keeping of the following materials on any real property shall be considered an Unsanitary Nuisance: untreated and improperly treated human waste, offal, dead animals or dangerous waste materials resulting from manufacturing processes or pollutant gases and noxious odors which are harmful to health or to human and animal life. The creation, maintenance or causing of any condition capable of harboring, attracting or breeding flies, mosquitos or other arthropods and rodents capable of physical harm and transmitting diseases directly or indirectly to humans shall also be considered an Unsanitary Nuisance. ODD. "White Goods" shall mean discarded refrigerators, ranges, washers, water heaters, dishwashers and other similar domestic appliances. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: A. There is an inordinate amount of littering and illegal dumping on the public right-of-way and private lands of the County 10 of Domestic Solid Waste and Special Solid Waste generated from Improved Property located within the County. B. Such littering and illegal dumping constitutes a health hazard to the residents of the County and an invasion of the property rights of landowners. C. Such littering and illegal dumping often results in the creation of an Unsanitary Nuisance. D. A substantial number of Occupants of Improved Property within the Unit do not subscribe to any collection service for the collection of Domestic Solid Waste and other waste and discarded property generated on such property. E. The requiring of all Persons owning or occupying Improved Property within the County to dispose of Solid Waste and other wastes and discarded property generated on such property at the Solid Waste Disposal Facility will greatly reduce the instances of illegal dumping and littering. F. It is necessary to the health, welfare and safety of the residents of the County to provide for a comprehensive program of Solid Waste Collection and Disposal. G. Because of the number of Improved Property Customers and the administrative impossibility of monitoring the transport or disposal arrangements of each Improved Property Customer with a Collector, it is necessary in the implementation of such a comprehensive program of Solid Waste Collection and Disposal for the promotion of the common health and welfare of the residents of the County that Collection Services within the Unit be regulated through the issuance of Collection Agreements for Service Areas in which Improved Property is located. H. It is further necessary in the implementation of such a comprehensive program of Solid Waste Collection and Disposal to require all Persons owning or occupying Improved Property in the Unit to have their Domestic Solid Waste and other waste and discarded property collection by a Residential or Commercial Collection Services. 11 I. The imposition of an annual Solid Waste Assessment is the most equitable and efficient method of allocating and apportioning the cost of Collection services among classifications of Improved Property in the County. J. The annual Solid Waste Assessment imposed under this Ordinance to pay the cost of Collection Services is a non-ad valorem (special) assessment within the meaning and intent of section 197.3632, Florida Statutes (1988), or its successor in function. SECTION 4. STATEMENT OF INTENT. A. It is the intent of the Board to require Owners and Occupants of all Improved Property within the unit to have Domestic Solid Waste and special Waste generated on such Improved Property collected and disposed of in a proper, sani tary and efficient manner; to require Owners of all Improved Property to cause the occupants of such property to utilize methods of Solid Waste collection and disposal implemented by this Ordinance; to eliminate illegal dumping; to provide an effective and equitable method of collecting the cost for the services rendered; and to promote the health, safety and welfare of the citizens of the County. B. It is hereby declared and determined by the Board that the Collection Services provided pursuant to this Ordinance and the corresponding Collection Agreements shall and do consti tute a benefit to all Improved Property, equal to, or in excess of, the cost of providing such Collection Services. C. It is the intent of the Board that collection of all Solid Waste shall be done only by those Persons who satisfy the requirements contained herein and who are licensed by the County, except for those persons who receive an exemption pursuant to this Ordinance. PART II - COLLECTION AND DISPOSAL SECTION s. MANDATORY DISPOSAL OF SOLID WASTE. All Domestic Solid Waste generated within the County shall be disposed of exclusively at the Solid Waste Disposal Facility. 12 SECTION 6. DESCRIPTION OF SERVICE. A. Effective October 1, 1989, the Owners or Occupants of Improved Property within the Unit shall be required to utilize the Collection services provided by the Collector granted a Collection Agreement for that Service Area in which such property is located. B. The Board shall provide for such Collection services through the granting of Collection Agreements to Collectors to provide Collection Services within applicable Service Areas. The Board may periodically establish Fees by Resolution which shall be paid by the Collector for the granting of a Collection Agreement. C. The Board may award as many Collection Agreements as are necessary to provide, in the Board's sole determination, effective and efficient Solid Waste Collection Services. Each Collection Agreement shall not exceed a term of five (5) years and shall contain the following: (1) The name and address of the Person who will provide the Collection Services; (2) A description of the Service Area within which the Person will provide such Collection Services; (3) A description of the services to be provided within the Service Area; (4) The length of the agreement; (5) All standards, regulations or restrictions which shall govern the Collection Services within the Service Area; and (6) The amount and method of payment to be provided for the performance of services under the Collection Agreement. D. The County, in awarding a Collection Agreement shall consider, at a minimum: (1) the past experience of the proposed Collector in providing Collection Services in the County or in similar geographic areas; (2) the ability of the proposed Collector to comply with the standards, regulations and restrictions of Collection Services established in this Ordinance and in the Collector's Agreement; (3) the ability of the Collector to provide 13 Collection Services at a reasonable rate; and (4) all other matters which would effect the interests of the public as a whole. E. No Collection Agreement may be granted to any Collector until such Collector is licensed under the provisions of section 7, or can demonstrate to the satisfaction of the Board, in its sole discretion, that he can comply with the requirements of section 7 prior to commencing operations pursuant to the proposed Collection Agreement. In no event shall a Collector be permitted to commence operations prior to receiving a License. F. There are hereby established the Monroe County Solid Waste Collection Service Areas No. 1 through No.7, inclusive. The boundaries of each Service Area shall be defined by resolution of the Board. Each Service Area shall be included in a Collection Agreement granted to a Collector under the provisions of this Ordinance. SECTION 7. REGULATION OF COLLECTORS. A. Any Persons that provide Collection Services within the unit shall obtain a License, as provided herein, unless excepted as provided in this Ordinance. Any person cOllecting any Special Solid Waste shall be required to obtain a License prior to collection of such waste and shall comply with all provisions of this section; provided, however, that the Applicant for a Building Permit which has elected to collect and dispose of Construction Waste pursuant to section 10 shall be exempt from the requirement of obtaining a License. Each Collector and Specialty Hauler shall be required to obtain a License. The standards for obtaining a License shall be as follows: (1) Any individual who desires to obtain a License from the County shall be at least eighteen (18) years old. A partnership, corporation or other business entity which desires to obtain a License must currently be in good standing with the Florida Department of State, Division of Corporations. (2) No License shall be issued to any Person who has failed to file a sworn statement under Section 287.133(3) (a), 14 Florida statutes, on public entity crimes or who is disbarred from contracting with the County pursuant to section 287.133, Florida Statutes. (3) The Applicant shall provide evidence that he has obtained all permits and licenses required by law or ordinance in order to provide Residential or commercial Collection Services or special Waste Collection, and shall maintain the same in full force and effect. (4) The Applicant shall provide a list of vehicles by size and type, including the vehicle identification number, that will be used to provide the Collection services, or Special Solid Waste Collection. The Applicant shall notify the county of any changes in equipment within fourteen (14) days. The County shall have the right to inspect such vehicles at any time. (5) The Applicant must sign a sworn affidavit that all Solid Waste collected shall be disposed of at the Solid Waste Disposal Facility, except as otherwise permitted under section 5, and that the Applicant will comply with all standards and provisions of this Ordinance. (6) All Applicants for a License must demonstrate that they are financially responsible. The Applicant shall provide a sworn statement to the County that he has: (a) no unsatisfied judgments against him resulting from the collection or disposal of any Domestic Solid Waste or Special Solid Waste as defined in this Ordinance; (b) that there are no liens of record by the Internal Revenue Service or the State of Florida Corporate Tax Division against any business or any organization he is qualifying. (7) Each Applicant shall agree to indemnify the County from any loss which may result from the failure of the Applicant to perform his responsibilities. 15 (8) The Applicant shall furnish proof of comprehensive liability insurance in an amount deemed adequate by the Board, but not less than $100,000 per person bodily injury, $300,000 per occurrence, and $50,000 property damage per occurrence. Each holder of a License shall furnish evidence of the above described insurance prior to having his or her License renewed each year. (9) Prior to the issuance of a License, every Applicant shall show proof that the requirements of the Worker's Compensation Law in the state of Florida have been met. Each holder of a License shall furnish evidence that the requirements of the Worker's Compensation Law of the state of Florida have been complied with prior to having his License renewed each year. B. The application for License shall be filed with the County Administrator and shall be accompanied by a non-refundable fee in an amount which shall be established by the Board by resolution. C. The term of the License shall be from October 1st to September 30th each year. Prior to the expiration of the License, the Collector or Specialty Hauler may renew the License by filing an affidavit with the County Administrator indicating continued compliance with the requirements of Subsection A. of this section, along with such fees as may be established by the Board by resolution. Prior to renewal of a License, a Collector providing Collection Services or a Specialty Hauler shall provide to the County such information as may be required by the County or by Florida Statutes, including, but not limited to, the rates charged and the number of Customers serviced. D. A License shall be conditioned upon the Collector or specialty Hauler complying with the following additional requirements: (1) Assianment of License. The Collector or Specialty Hauler shall not assign the License to any Person. A transfer during the term of a License of more than twenty-five (25%) 16 percent of the issued or outstanding stock of the Collector or Specialty Hauler or of any corporation which hoods more than fifty (50%) percent of issued and outstanding stock of the Collector or Specialty Hauler shall constitute an assignment for the purposes of this section. Likewise, during the term of a License, any transfer of the voting rights attendant to twenty-five (25%) percent or more of the issued or outstanding stock of the Collector or Specialty Hauler shall constitute an assignment for the purposes of this section. (2) Interlockinq Directorships. No Person shall serve on the Board of Directors or as an officer, or own any interest in two (2) or more Collectors providing Collection Services within the County or any corporation which holds more than fifty (50%) percent of the issued and outstanding stock of any Collector. (3) certification of Compliance. Each Collector shall annually certify in writing to the County Administrator that the Collector and its officers, directors and stockholders have not violated any of the provisions of this Subsection D. and is in compliance with the remaining provisions of this Section 7. E. Persons who provide lawn care or lawn maintenance for Improved Property and who transport the Horticulture Trash from such property shall be exempt from the provisions of this section, provided that all Horticulture Trash which is transported from the property shall be disposed of at the Solid Waste Disposal Facility. SECTION 8. DUTIES OF COLLECTOR. In addition to all other requirements of law and as contained in the Collection Agreement, the Collector shall provide the following: A. Collect and remove all Domestic Solid Waste generated by Improved Property within the Service Area of the Collector. B. Collect and remove all Domestic Solid Waste generated by Improved Property within the Service Area of the Collector at the 17 rates established by the Rate Resolution, in accordance with the provisions of this Ordinance. C. Provide the County with a listing of all Improved Property within the Service Area of the Collector not utilizing the services of the Collector. Such listing shall be provided on a monthly basis. D. Provide the County, on or prior to June 30th of each year, a financial audit performed by a certified public accountant, performed in accordance with generally accepted accounting principles. SECTION 9. RESPONSIBILITY OF PROPERTY OWNERS. The Owners and occupants of Improved Property shall use the Collection Services provided by the Collector for the Service Area where such property is located, unless exempted by the provisions of this Ordinance. All Improved Property shall be subject to the imposition of the Solid Waste Assessment for such services as may be established in the Rate Resolution. A. Residential Collection Service. (1) The Owner of Residential Property shall pay to the County the Solid Waste Assessment imposed on such Residential Property for the benefits received by such Property for the Residential Collection Service provided or made available. (2) The Owner shall provide Garbage Receptacles adequate to contain all Domestic Solid Waste generated from their Residential Property in accordance with the provisions herein. (3) Any Owner which either denies a Collector access to his property by prohibiting the use of a private road or who resides on a road which is inadequate for use by a Collector's vehicle, as determined by the County, shall be required to transport all Solid Waste generated from his property to the nearest County approved road for collection in accordance with the provisions of this Ordinance, unless exempted under this Ordinance. B. Commercial Collection Service. The Owners and Occupants of Commercial Property within the County shall enter into an 18 'agreement with a Collector for the Service Area where such Commercial property is located to provide Commercial Collection Service. SECTION 10. CONSTRUCTION WASTE. A. Prior to the issuance of a Building Permit for the construction or renovation of any structure, the Applicant shall provide for the collection and disposal of any Construction Waste which may result from the construction. In order to obtain a Building Permit for the construction of any structure, the Applicant shall indicate in writing on forms provided by the County which of the following methods of collection and disposal shall be used: (1) The Applicant will contract with a Specialty Hauler to collect and properly dispose of all Construction Waste generated. The Applicant shall provide the name of the Licensed Collector or Specialty Hauler which will be utilized; or (2) The Applicant will provide for the collection and disposal of Construction Waste at the Solid Waste Disposal Facility using equipment for such collection and disposal that is acceptable to the county. B. No Building Permit shall be issued by the County until one of the above alternatives has been selected by the Applicant. C. A Specialty Hauler shall not be required to collect and dispose of Construction Waste, but may offer such services at an additional charge within any Service Area. The billing and collection of such fee shall be the sole responsibility of the Specialty Hauler. All such collection and disposal shall be the responsibility of the Applicant for the Building Permit. All Construction Waste collected shall be disposed of at the Solid Waste Disposal Facility. SECTION 11. PROHIBITED ACTS. A. No Person shall place, deposit or dispose of any Solid Waste, except at the Solid Waste Disposal Facility. If any Solid Waste is found on public or private property or roadways and its 19 ~ origin is traced to Improved Property by identification such as mail, statements, checks, receipts, etc., and such Occupant or Owner of such property is not receiving collection service by a Collector, it shall be presumed that such Solid Waste was generated from that Improved Property. B. No Person shall place or deposit for temporary storage any Domestic Solid Waste or Special Solid Waste anywhere in the County in such a manner that it may be carried or deposited by the uncontrolled physical elements upon any public property or upon the land of another Person. C. No Person may provide Collection Services unless certified pursuant to the provisions of Section 7 and pursuant to a Collection Agreement, unless they have received an exemption pursuant to this Ordinance. D. No Person may collect or transport Special Solid Waste without being certified under the provisions of section 7, unless exempted from those provisions. E. It shall be unlawful to scatter or spread about or cause to scatter or spread about any Domestic Solid Waste or Special Solid Waste which has been set out for removal by a Collector or Specialty Hauler. F. No Owner or Occupant shall maintain or permit on any Improved Property an Unsanitary Nuisance. G. No Person shall place any Special Solid Waste in any Garbage Receptacle or Commercial Container or in any location intended for the collection and disposal of Domestic Solid Waste. H. A violation of any provision of this section shall be punished as provided in Section 12. SECTION 12. PENALTIES. Any Person found guilty of violating any provisions of this Ordinance shall be punished by a fine not exceeding Five Hundred ($500.00) Dollars or by imprisonment in the County Jail for not more than sixty (60) days, or by both such fine and imprisonment. SECTION 13. REMEDIES. In addition to the penalties as provided herein, the County may have recourse to such remedies as 20 'provided in law and equity to ensure compliance with the provisions of this Ordinance, to include temporary and permanent injunctive relief and recovery of damages. Each day a violation of this Ordinance continues unabated shall be deemed a separate violation of same for penalty purposes. Administrative fines, as provide in section 381.112, Florida statutes, may be imposed by the health authority should conditions necessitate. PART III - ASSESSMENT SECTION 14. CREATION OF UNIT. Pursuant to Chapter 125, Florida statutes, there is hereby established the Monroe County Solid Waste Municipal Service Benefit Unit. The boundaries of such Uni t shall consist of the unincorporated areas of the County. Each municipality within Monroe County may request to be included within the boundaries of the Monroe County Solid Waste Municipal Service Benefit Unit. A certified copy of the resolution requesting inclusion must be received by the County prior to June 1st and shall be effective beginning the next Fiscal Year. Upon being included, all provisions of this Ordinance shall apply within the boundary of such municipality. SECTION 15. PRIMA FACIE EVIDENCE OF ACCUMULATION OF WASTE. The fact that any Improved Property is capable of being occupied shall be prima facie evidence that Solid Waste is being generated from or accumulated upon such property. SECTION 16. SOLID WASTE ASSESSMENT. A. There is hereby imposed on the Assessment Date against each lot or parcel of Assessed Property within the Unit a Solid Waste Assessment for the Collection, Disposal and Recycling Services provided under the provisions of this Ordinance. B. The amount of the Solid Waste Assessment imposed each Fiscal Year against each lot or parcel of Assessed Property shall be at the rate established in the Rate Resolution for the Solid Waste Assessment category applicable to such Assessed Property. C. It is the intent of the Board that the cost of Collection Services within the Unit, and the disposal, management and 21 ~administrative costs to support such services, be paid through the imposition of the Annual Solid Waste Assessments on all Assessed Property. To fulfill this intent, it is contemplated by the Board that the Disposal Charge of the Solid Waste Assessment derived from Assessed Property shall be sufficient to fund the Solid Waste Disposal Facility Budget for the ensuing Fiscal Year. SECTiON 17. ADOPTiON OF RATE RESOLUTiON AND ANNUAL SOLiD WASTE ASSESSMENT ROLL. A. The Rate Resolution shall fix and establish for the ensuing Fiscal Year: (1) the Solid Waste Assessment Categories; (2) the Solid Waste Assessment to be imposed within each Solid Waste Assessment Category; (3) the Collection Charge; (4) the Disposal Charge; and (5) the Recycling Charge of the Solid Waste Assessment. B. On or before August 1st of each year, the Board shall adopt by resolution a tentative Rate Resolution establishing the Solid Waste Assessments proposed to be imposed in the ensuing Fiscal Year against each lot or parcel of Assessed Property in the Unit for the purpose of providing Collection Services for the ensuing Fiscal Year. Upon adoption by the Board of the tentative Rate Resolution, the County Administrator shall cause to be prepared a preliminary Annual Solid Waste Assessment Roll and, upon completion, shall file such preliminary roll with the Clerk for public inspection. C. Upon the filing of the preliminary Annual Solid Waste Assessment Roll with the Clerk, the Board shall hold a public hearing to adopt the Rate Resolution and the Annual Solid Waste Assessment Roll for the ensuing Fiscal Year. Such hearing shall be held between June 1st and September 15th. At such pUblic hearing, the Board shall hear comments and objections from Owners and other members of the public as to the proposed Solid Waste Assessment categories, Solid Waste Assessments, the various proposed charges, and shall review the preliminary Solid Waste Assessment Roll prepared by the County Administrator for preparation in conformity with the tentative Rate Resolution and 22 'this Ordinance. The Board shall also hear comments or objections from any Owner or member of the public as to the method of apportionment of the cost of providing Collection Services against any parcel of Improved Property within any Solid Waste Assessment Category. The Board shall make such increase, decrease or revision to any proposed Solid Waste Assessment or Solid Waste Assessment Category as it shall deem necessary or appropriate and shall adopt a Rate Resolution. In addition, the Board shall make such changes, modifications or additions as necessary to conform the preliminary Annual Solid Waste Assessment Roll with the adoption Rate Resolution and this Ordinance. The Board may continue said public hearing to a date and time certain without the necessity of further public notice to allow prior to final adoption increases, decreases or revisions to the tentative Rate Resolution or changes, modification or additions to the preliminary Annual Solid Waste Assessment Roll or for such other reason deemed necessary in the sole discretion of the Board. If upon completion of such public hearing the Board shall be satisfied that the Annual Solid Waste Assessment Roll has been prepared in conformity with the Rate Resolution and this Ordinance, it shall ratify and confirm such roll and the Chairman of the Board shall certify the roll to the Tax Collector no later than September 15th of each year, unless a subsequent date is approved by the Tax Collector. D. Notice of the date, time and place of the public hearing by the Board on the adoption of the Rate Resolution and of the Annual Solid Waste Assessment Roll shall be published by the Board twice in a newspaper of general circulation, with the first publication begin at least ten (10) days prior to the public hearing, excluding Sundays and legal holidays established by the State of Florida. The notice shall set forth the property to be assessed, a schedule of Solid Waste Assessments, Solid Waste Assessment Categories and any Disposal charges proposed to be fixed and established during the ensuing Fiscal Year, and shall announce the availability of the preliminary Annual Solid Waste Assessment Roll for public inspection. 23 E. In the event that the Board elects to utilize the statutory collection procedures contained in Section 21, notice of the date, time and place of the public hearing for the adoption of the Rate Resolution and the Annual Solid Waste Assessment Roll shall be as provided in Section 197.3632(4)(b), Florida Statutes (Supp.) (1988), if: (1) the Solid Waste Assessment is being levied for the first time under the statutory collection procedures; (2) the Solid Waste Assessment is increased beyond the maximum rate authorized by law or judicial decree at the time of the initial imposition; (3) the boundaries of the Unit have changed and all the newly affected property Owners have not provided written consent for such assessment to the Board; or (4) there has been a change in the purpose of the Solid Waste Assessment or in the use thereof. It shall be presumed that there is no maximum rate established for the Solid Waste Assessment unless such amount is expressly contained within the Rate Resolution. F. Notwithstanding the mailing or pUblication of a proposed schedule of assessment, charges and categories, the Board shall have full and absolute discretion at such public hearing to increase, decrease or modify any proposed Solid Waste Assessment, Solid Waste Assessment Category or Disposal Charge. SECTION 18. REVISION OF RATE RESOLUTION. The Board shall have the authority to revise and amend any Rate Resolution adopted under the provisions of Section 17 upon a determination that amendment or revision of the established assessments or charges is appropriate and necessary. The Rate Resolution may be amended and revised at the time of the adoption of the Solid Waste Budget, at any public hearing required by law to adopt the County Budget or at any other special or regular meeting of the Board. In the event such revision or amendment increases the Solid Waste Assessments, revises or changes the Solid Waste Assessment Category for any Assessed Property resulting in an increased Solid Waste Assessment 24 for such property, the revision or amendment of the Rate Resolution shall become effective only if confirmed by the Board at a public hearing held in conformity with the public hearing and notice provisions of Subsection D of section 17; provided, however, the notice of such public hearing in the event of such revision shall be only required to be published once at least five (5) days prior to the public hearing, excluding Sundays and legal holidays established by the State of Florida. SECTION 19. ADOPTION OF ADDENDUM. A. The Board may adopt an Addendum to the Sol id Waste Assessment Roll at any regular or special meeting in the event the Board determines: (1) that lots or parcels of Improved Property which are subject to the Solid Waste Assessment were not incorporated on the Annual Solid Waste Assessment Roll because of error or omission; (2) that the Rate Resolution should be amended or revised as provided in Section 18; or (3) that the legal description of any lot or parcel has been altered on the Real Property Assessment Roll from that reflected on the adopted Annual Solid Waste Assessment Roll. The Addendum shall supplement the corresponding Annual Solid Waste Assessment Roll by incorporating any omitted or altered lots or parcels or by revising the Annual Solid Waste Assessment or the Solid Waste Assessment Category incorporated in any revised and amended Rate Resolution. B. Notwithstanding the provisions of section 18, the Addendum may be adopted at any regular or special meeting of the Board without the necessity of a public hearing to: (1) incorporate omitted lots or parcels or lot or parcel alterations; or (2) reduce the Annual Solid Waste Assessment imposed on any lot or parcel or to change any Solid Waste Assessment Category for any classification of Assessed Property if such change results in a decrease in the amount of the Solid Waste Assessment. C. Notwithstanding the provisions of Section 18, in the event the Addendum increases the Annual Solid Waste Assessment imposed on any lot or parcel or changes any Solid Waste Assessment Category for any classification of Assessed Property resulting in 25 an increase in the amount of the Annual Solid Waste Assessment, the Addendum may be adopted by the Board at the public hearing held for the confirmation of the amendment and revision of the Rate Resolution provided under Section 18 and no separate public hearing or notice shall be required for the adoption of the Addendum. D. Upon adoption, the Addendum shall be certified by the Chairman in a compatible electronic medium no later than September 15th of each year to the Tax Collector for collection, unless a subsequent date is approved by the Tax Collector. SECTION 20. ELECTION OF COLLECTION PROCEDURES. A. Prior to January 1st of each year, the Board shall elect by resolution whether to utilize the statutory procedures contained in section 197.3632, Florida Statutes (Supp.) (1988), and authorized by section 21 of the Ordinance, or the alternative collection procedures contained in section 22 of this Ordinance, for the collection of the Solid Waste Assessment in the ensuing Fiscal Year. B. Notice of intent to utilize the statutory procedures contained in Section 197.3632, Florida Statutes (Supp.) (1988), and section 21 shall be published weekly in a newspaper of general circulation within the County for four (4) consecutive weeks prior to the public hearing scheduled for the adoption of the resolution electing to use the statutory procedures. A copy of such resolution shall be provided to the Property Appraiser, Tax Collector and Department of Revenue prior to January loth. C. During Fiscal Year 1989-1990, the Collection Charge, Disposal Charge and Recycling Charge on Assessed Property shall be collected pursuant to the alternative collection procedures contained in section 22. For Fiscal Year 1989-1990, the County may adopt the Rate Resolution and Solid Waste Assessment Roll for that Fiscal Year at any public hearing and without the necessity of the prior adoption of a tentative Rate Resolution and preliminary Assessment Roll. 26 SECTION 21. UTILIZATION OF STATUTORY COLLECTION PROCEDURES. A. The Collection of the Solid Waste Assessment under the statutory collection procedures shall be in the manner provided for the uniform collection of non-ad valorem assessment and in accordance with the provisions of Section 197.3632, Florida Statutes (Supp.) (1988), or its successor in function. B. The collection of Solid Waste Assessments pursuant to this section shall be subject to all collection procedures of Chapter 197, Florida Statutes, including provisions relating to discount for early payment, prepayment by installment method, deferred payment penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment. C. The Tax Collector shall include on the Notice of Ad Valorem Tax and Non-Ad Valorem Assessments mailed under section 197.3635, Florida Statutes (Supp.) (1988), or its successor in function, the Solid Waste Assessment for each lot or parcel listed on the Real Property Assessment Roll as incorporated on the Annual Solid Waste Assessment Roll and Addendum, if any. D. If permitted by law, the Board shall have the authority, in its sole discretion, to mail a separate notice of Solid Waste Assessment to the Owner of each lot or parcel of Assessed Property incorporated on the Annual Solid Waste Assessment Roll or Addendum, if any, in lieu of utilizing the notice of tax statement method under Section 197.3635, Florida Statutes (Supp.) (1988), or its successor in function, in the event the Board determines such separate notice will facilitate the billing of the Solid Waste Assessments. E. In the event that Section 197.3632, Florida Statutes (supp.) (1988), or its successor in function, or any law requires that the Solid Waste Assessment be included on the notice prepared pursuant to section 200.069, Florida Statutes, then the Solid Waste Assessment shall be included on that notice. 27 SECTION 22. UTILIZATION OF THE ALTERNATIVE COLLECTION PROCEDURES. A. The Board may elect as provided in Section 20 to utilize the alternative collection procedures set forth in this section for Solid Waste Assessments any Fiscal Year in lieu of the statutory collection procedures contained in section 21. B. The Board shall specify in the resolution adopting the Annual Solid Waste Assessment Roll or in a separate resolution electing to utilize the alternative collection procedures provided under this section: (1) the Due Date; (2) any discounts for early payment; (3) any prepayment by installment method; (4) the penalty for delinquent payment; (5) the date when such payment becomes delinquent; and (6) the place of payment. C. The Tax Collector, should he agree, or the County, shall, within forty-five (45) days of the adoption of the Annual Solid Waste Assessment Roll or the Addendum, if any, mail a billing notice to the Owner of each lot or parcel of Assessed Property at the address incorporated on the Annual Solid Waste Assessment Roll, or its Addendum, if any. Said billing notice shall advise such Owner of: (1) the Amount Due; (2) the Due Date; (3) any established discounts for early payment; (4) any right to pay by installments; (5) the Delinquency Date; (6) the penalty upon becoming delinquent; and (7) the potential liability that exists under this collection method for failure to pay the Solid Waste Assessment. D. The Tax Collector, should he agree, or the County, is hereby vested with the power, and it shall be the duty, to collect payments of Solid Waste Assessments under the alternative collection procedure provided in section 22. E. The Tax Collector, should he agree, or the County, shall mail a delinquency notice to all Owners of Assessed Property who have not paid the applicable Solid Waste Assessment by the Due Date. Such delinquency notice shall specify: (1) the amount of the Annual Solid Waste Assessment; (2) the Delinquency Date; (3) the Penalty; (4) the requirement in this Ordinance for the 28 recordation of a lien in the manner provided by section 23; and (5) the potential liability which exists for failure to pay the Solid Waste Assessment. SECTION 23. IMPOSITION OF LIENS UNDER ALTERNATIVE COLLECTION PROCEDURE. A. All Solid Waste Assessments collected under the alternative collection procedures of section 22 shall constitute, and are hereby imposed as, liens as of the Assessment Date against the Assessed Property against which the Solid Waste Assessment is imposed. until fully paid and discharged or barred by law, said Solid Waste Assessments shall remain liens equal in rank and dignity with the liens of all state, county, district or municipal taxes and special assessments and superior in rank and dignity to all other filed liens, encumbrances, titles and claims in, to or against the real property involved. B. Unpaid Solid Waste Assessment liens shall remain and constitute liens against such parcels of Assessed Property within the County for a period of five (5) years from the Assessment date and shall be enforced pursuant to the provisions of section 24. C. Prior to the beginning of the sale of tax certificates, the Tax Collector, should he agree, or the County, shall prepare a list of outstanding and uncollected Solid Waste Assessments for such Fiscal Year. Such list shall contain for each lot or parcel: (1) the amount of the outstanding Solid Waste Assessment for the Fiscal Year; (2) the legal description; and (3) the Owner. D. If any Solid Waste Assessment lien becomes delinquent by not being fully paid prior to the Delinquent Date, the County, upon receipt of the list of outstanding and uncollected Solid Waste Assessments for such Fiscal Year, shall cause to be prepared a notice of lien containing: (1) the amount of the delinquent Solid Waste Assessment, including the amount of the Penalty; (2) a legal description of the Assessed Property against which the lien is imposed; and (3) the name of the Owner. Said notice of lien shall be recorded in the Official Records Book of Monroe County, Florida. 29 E. Upon the delivery of such list of outstanding and uncollected Solid Waste Assessments, all such outstanding Solid Waste Assessments or liens may be discharged and satisfied by payment to the Tax Collector, should he agree, or the County, of the aggregate amount due for such outstanding Solid Waste Assessments, together with the additional sum of five ($5.00) dollars for abstracting costs and the total of any prior Solid Waste Assessments or liens, plus penalties, for such Assessed Property that remains outstanding and unpaid. When any such lien or liens has been fully paid or discharged, the County shall properly cause evidence of the satisfaction and discharge of such lien to be provided. Said lien or liens shall not be assigned by the Board to any Person. SECTION 24. ENFORCEMENT OF DELINQUENT SOLID WASTE ASSESSMENTS. All delinquent Solid Waste Assessment liens imposed pursuant to the alternative collection procedures may be enforced at any time by the Board subsequent to the date of the recording of the notice of lien provided for in section 23 for the amount due under such recorded liens, including all penalties, plus costs and a reasonable attorney's fees, by proceedings in a court of equity to foreclose such liens in the manner in which a mortgage lien is foreclosed under the Laws of Florida, or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173, Florida Statutes, or the collection and enforcement of payment thereof may be accomplished by any other method unauthorized by law. It shall be lawful to join in any complaint for foreclosure or any such legal proceedings, anyone or more lots or parcels of land that is the subject of a lien or liens. SECTION 25. INTERIM COLLECTION SERVICE CHARGE ON NEW CONSTRUCTION. A. An interim Solid Waste Assessment shall be imposed against the Owner of all Assessed Property for which a certificate of Occupancy is issued subsequent to the Assessment Date. The amount of the interim Solid Waste Assessment shall be calculated 30 upon a monthly rate, which shall be one-twelfth (l/l2) of the Annual Solid Waste Assessment as established in the Rate Resolution for the Fiscal Year in which the certificate of Occupancy is issued for the applicable classification of Assessed Property. Such monthly rate shall be imposed for each full calendar month remaining in the Fiscal Year. No Certificate of Occupancy shall be issued until full payment of the interim Solid Waste Assessment is received by the County. B. Issuance of a certificate of Occupancy by mistake or inadvertence, and without the payment in full of the interim Solid Waste Assessment, shall not relieve the Owner of the Assessed Property of the obligation of full payment. Such interim Solid Waste Assessment shall be deemed delinquent on the date the certificate of Occupancy was issued and shall constitute a lien against such Assessed Property as of that date. Said lien shall be equal in rank and dignity with the liens of all state, county, district or municipal taxes and special assessments, and superior in rank and dignity to all other subsequently filed liens, encumbrances, titles and claims in and to or against the real property involved and may be recorded as provided in section 23 and enforced as provided in section 24. SECTION 26. CORRECTION OF ERRORS AND OMISSIONS; PETITION TO BOARD. A. No act of error or omission on the part of the Property Appraiser, Tax Collector, County, Clerk, Board or their deputies or employees, shall operate to release or discharge the obligation of the Owner of Assessed Property for payment of the Solid Waste Assessment or the interim Solid Waste Assessment imposed by the Board under the provision of this Ordinance. Any errors or omissions may be corrected at any time by the Board, or its designee, and when so corrected shall be considered valid ab initio and shall in no way affect the enforcement of the Solid Waste Assessment or the interim Solid Waste Assessment imposed under the provisions of this Ordinance. 3l B. When it shall appear that any Solid Waste Assessment should have been imposed under this Ordinance against an Assessed Property, but that such property was omitted from the Solid Waste Assessment Roll and its Addendum, if any, and Collection Services were provided to said lot or parcel, the Board may, by resolution, impose the applicable Annual Solid Waste Assessment for the Fiscal Year in which such error is discovered, in addition to the applicable Solid Waste Assessment due for the prior two Fiscal Years. Such total Solid Waste Assessments shall become delinquent if not fully paid upon the expiration of ninety (90) days from the date of the adoption of said resolution. Such Solid Waste Assessment shall constitute a lien against such Assessed Property upon becoming delinquent and shall be subject to a Penalty. Said lien shall be equal in rank and dignity with the liens of all state, county, district or municipal taxes and special assessments and superior in rank and dignity to all other subsequently filed liens, encumbrances, titles and claims in and to or against the real property involved and may be recorded as provided in Section 23 and enforced as provided in Section 24. C. Any Owner of Assessed Property may petition the Board to correct any asserted error or omission in relation to this Assessed Property in the adoption of the Annual Solid Waste Assessment Roll or its Addendum, if any, or in the implementation of this Ordinance within ninety (90) days of the date the asserted error or omission occurred. Such petition shall be initiated by filing with the County a written petition containing the name of the Owner, a legal description of the lot or parcel of Assessed Property affected, a summary description of the asserted error or omission and the relief requested of the Board. Such petition shall be considered by the Board at any regular or special meeting. D. The Board shall have the authority at any time, upon its own initiative or in response to a timely filed petition from any Owner of Assessed Property, to correct any error or omission in the adoption of any Annual Solid Waste Assessment Roll or any Addendum, if any, or in the implementation of this Ordinance, including, but 32 not limited to, an error in inclusion or exclusion of any Assessed Property. SECTION 27. CALCULATION OF TIME PERIODS. For the purpose of calculating the time periods for the public notice required under Sections 17 and 20, the date of initial publication shall be counted and the date of the public hearing shall not be counted. SECTION 28. SEVERABILITY. The provisions of this Ordinance are severable, and it is the intention to confer the whole or any part of the powers herein provided for. If any of the provisions of this Ordinance shall be held unconstitutional by any Court of competent jurisdiction, the decision of such Court shall not affect or impair any of the remaining provisions of this Ordinance. It is hereby declared to be the legislation intent that this Ordinance would have been adopted had such an unconstitutional provision not been included therein. SECTION 29. SUPPLEMENTAL AUTHORITY. Except as expressly provided in this Ordinance, this Ordinance shall not be construed as repealing or superseding any other ordinance or law, and it is to be construed as alternative or supplemental authority for the exercise of the powers provided for herein. SECTION 30. SUPERSEDING CONFLICING PROVISIONS. Except as expressly provided in the Ordinance, the provisions of this Ordinance shall supersede and control when the provisions of this Ordinance are deemed to be inconsistent with the provisions of any previously adopted Ordinance of the Board. SECTION 31. INCORPORATION INTO CODE. The provisions of this Ordinance shall be included and incorporated into the Monroe County Code. SECTION 32. EFFECTIVE DATE. This Ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this Ordinance has been filed with said Office. 33 ..0\1-"'. 1....\&:, PASSED AND ADOTPED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 31st day of October, A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: w~ MaYOr/~ (SEAL) Atte s t DANNX Ie. 1{OLHAGE, ~lerk ~~1/&~ FILED WITH SECRETARY OF STATE: J/-eR/- r9 EFFECTIVE DATE: APl'Rov, AS TO FORM AND L A M)JFFICJNCY. _ I I__~l~ BY Attorney's Office 34 mann!, 'I. itolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 November 21, 1989 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852.9253 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Department of State The Capitol Tallahassee, Florida 32301 P-OI'1- toOl -K7~ Laws Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 033-1989 relating to the collection, disposal and assessment for solid waste within Monroe County, to be more commonly known as the "Monroe County Solid Waste Collection, Disposal and Assessment Ordinance;" etc. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on October 31, 1989. Please file for record. Very truly yours, Court Clerk . cc: Municipal Code Corp Mayor JohR Stormont Mayor Pro Tern Wilhelmina Harvey Commissioner Douglas Jones Commissioner Eugene Lytton p -91 7 Commissioner Michael Puto 0 County Attorney Randy Ludacer ....0 /1 ,. tfC~ - County Administrator Tom Brown MSD Director Charles Aguero File ~ " PS Form 3811. Mar, 1988 _. ~_,___~ 1111"_" .__,.._,..".._.."""'"""'0......'_........._..... P 01"7 802 tHb ~ "- RECEIPT FOR CERTIFIED MAIL NO INSURA~CE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Certified Fee Special Delivery Fee Restricted Delivery Fee ll'l co Ol ... Q) c:: ~ .., c:i o co (0) E 5 LL (/) a. PS Form 3811. Mar. 1988 .. ,_. 017 802 817~ RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) p ll'l co Ol ... Q) 5 TOT AL Postage and Fees .., c:i g Posfmark or Date (0) E ... o LL (/) Q. * u.s.G.P.O. 1888-212-885 DOME811C RETURN RECEIPr + FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 1802, The Capitol Tallahassee, Florida 32399-0250 (904) 488-8427 November 28, 1989 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County Courthouse 500 Whitehead street Key West, Florida 33040 Attention: Rosalie L. Connolly, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of November 21, 1989 and certified copy of Monroe County Ordinance No. 89-33, which was filed in this office on November 28, 1989. Si~' ~g Liz Cloud, Chief Bureau of Administrative Code LC/mb