Item C17C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
June 20, 2018
Agenda Item Number: C.17
Agenda Item Summary #4274
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert (305) 292 -3470
No
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider an ordinance
abolishing the Monroe County Municipal Service District which was created for purposes of
providing garbage, trash, waste collection and disposal and which was replaced by the Monroe
County Solid Waste Municipal Service Benefit Unit in 1989, but was never formally abolished.
ITEM BACKGROUND: The Monroe County Municipal Service District ( "District "), a municipal
taxing service unit (MSTU), was created by the Board of County Commissioners (BOCC) via
adoption of Ordinance No. 009 -1975 for the purpose of providing garbage, trash, waste collection
and disposal, as amended via Ordinance No 10 -1975, Ordinance 10 -1977 and Ordinance 21 -1980.
In 1989, the BOCC adopted Ordinance No -33 -1989, which created the Monroe County Solid Waste
Municipal Service Benefit Unit thereby replacing the District but without expressly terminating the
District. Due to the establishment of the Monroe County Solid Waste Municipal Service Benefit
Unit in 1989, the District established by Ordinance No. 9 -1975 is no longer needed for the purpose
for which is was established and there are no funds remaining from the taxes collected under the
District's taxing authority and the fund is no longer utilized and thus should be dissolved.
Section 125.01(1)(q), F.S., grants to counties the authority to establish, and to abolish, MSTUs.
Staff has recommended for the District to be abolished as the District is no longer necessary. There
appears to be no assets, no contracts and no funds remaining in the District accounts. While there are
no known assets, contracts or funds, a resolution to authorize staff to take all steps to dissolve and
close out any accounts will be placed before the Board at the July BOCC meeting for approval to
ensure that all matters of the District are properly closed.
PREVIOUS RELEVANT BOCC ACTION:
In 1975, BOCC adopted Ordinance 009 -1975, creating the District.
BOCC adopted Ordinance No. 10 -1975, revising provisions relating to the District.
July 5, 1977: BOCC adopted Ordinance 10 -1977, providing for the annual levy of a special
assessment.
November 6, 1980, BOCC adopted Ordinance No. 0021 -1980, revising provisions relating to the
District.
October 31, 1989: BOCC adopted Ordinance No. 033 -1989, establishing the Monroe County Solid
Waste Municipal Service Benefit Unit, providing for a solid waste special assessment and adoption
of rate resolution and annual a solid waste assessment roll which has been utilized since 1989.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval as requested.
DOCUMENTATION:
Ordinance abolishing District 2018
Ordinance 009 -1975 establishing the District
Ordinance 010 -1975
Ordinance 010 -1977
Ordinance 021 -1980
Ordinance 033 -1989 Monroe County Solid Waste Collection, Disposal and Assessment Ordinance
(Chapter 21 of MCC)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Tina Boan
Christine Limbert
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
06/05/2018 9:54 AM
Completed
06/05/2018 11:25 AM
Completed
06/05/2018 11:31 AM
Completed
06/05/2018 11:42 AM
Pending
06/20/2018 9:00 AM
ORDINANCE NO. -2018
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
ABOLISHING THE MONROE COUNTY MUNICIPAL
SERVICE DISTRICT; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County ( "BOCC "),
Florida, is authorized by Article VIII of the Florida Constitution and Chapter 125, Florida
Statutes, to adopt ordinances not inconsistent with general law; and
WHEREAS, Section 125.01(1)(q), Florida Statutes, grants to counties the authority to
establish and abolish municipal service taxing units for the provision of numerous municipal
services; and
WHEREAS, the Monroe County Municipal Service District ( "District ") was created by
the BOCC via Ordinance No. 9 -1975 for the purpose of providing garbage, trash, waste
collection and disposal within the territorial limits of said District, and, as amended via
Ordinance No. 10 -1975; Ordinance No. 10 -1977, and Ordinance No. 21 -1980; and
WHEREAS, Ordinance No. 9 -1975 conferred upon the District the authority to levy
taxes, to pay for the cost of operation, maintenance and support of said District; and
WHEREAS, in 1989, the BOCC adopted Ordinance No. 033 -1989, creating the Monroe
County Solid Waste Municipal Service Benefit Unit thereby replacing the District but without
expressly terminating the District; and
WHEREAS, due to the establishment of the Monroe County Solid Waste Municipal
Service Benefit Unit in 1989, the District established by Ordinance No. 9 -1975 is no longer
needed for the purpose for which is was established; and
WHEREAS, there are no funds remaining from the taxes collected under the District's
taxing authority and the fund is no longer utilized and thus should be dissolved; and
WHEREAS, on June 20, 2018, the BOCC authorized staff to advertise the public hearing
to consider this ordinance abolishing the District; and
WHEREAS, in accordance with the dissolution of the District, it is advisable for the
County to take steps to dissolve all District accounts; and
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe
County, Florida, as follows:
SECTION 1. Ordinance No. 9 -1975 creating the Monroe County Municipal Service
District, and any other ordinances revising Ordinance No. 9 -1975, including but not limited to
Ordinance Nos. 10 -1975, 10 -1077, and 21 -1980, are hereby repealed, as are any other ordinances
inconsistent with this ordinance.
SECTION 2. The District Board created by Ordinance No. 9 -1975, and as amended
subsequently by other ordinances, is hereby dissolved.
SECTION 3. There are no funds held on account for the District that need to be
disbursed.
SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon filing with
the Department of State as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 18 day of July, 2018.
Mayor David Rice
Mayor Pro Tem Sylvia Murphy
Commissioner Danny Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
(SEAL)
Attest: KEVIN MADOK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
an
Mayor /Chairperson
2
C.17.b
ORDINANCE NO. 9 -1975
AN ORDINANCE PROVIDING FOR THE CREATION, ESTABLISHMENT,
MERGER AND ABOLITION OF A MUNICIPAL SERVICE TAXING OR
BENEFIT DISTRICT FOR ALL OF THE UNINCORPORATED AREAS
OF MONROE COUNTY, FLORIDA, FOR THE PURPOSE OF PROVIDING
GARBAGE, TRASH, WASTE COLLECTION AND DISPOSAL, WITHIN
SAID DISTRICT FROM FUNDS DERIVED FROM SERVICE CHARGES,
SPECIAL ASSESSMENTS, OR AD VALOREM TAXES WITHIN SAID
DISTRICT, UNDER THE NAME OF: THE MONROE COUNTY MUNICIPAL
SERVICE DISTRICT: SETTING FORTH THE TERRITORIAL BOUNDARY
OF SAID DISTRICT: PROVIDING FOR GOVERNMENT AND ADMINISTRA-
TION OF SAID DISTRICT: DEFINING THE POWERS AND PURPOSES OF
SAID DISTRICT AND GOVERNING BOARD THEREOF; AUTHORIZING
AND EMPOWERING THE BOARD OF GOVERNORS OF SAID DISTRICT
TO ACQUIRE BY GIFT OR PURCHASE SUCH WASTE, TRASH AND
GARBAGE COLLECTION AND DISPOSAL EQUIPMENT AND EMPLOY
SUCH PERSONNEL AS MAY BE DETERMINED BY THE BOARD OF
GOVERNORS, REASONABLY NECESSARY TO PROVIDE WASTE, TRASH
AND GARBAGE COLLECTION AND DISPOSAL SERVICES WITHIN SAID
DISTRICT: AUTHORIZING AND EMP014ERING SAID BOARD TO ESTA-
BLISH, CONTRACT FOR, OPERATE AND MAINTAIN WHATEVER FACILI-
TIES WHICH MAY BE REQUIRED TO PROVIDE SAID SERVICES;
AUTHORIZING AND EMPOWERING SAID BOARD TO ENTER INTO INTER -
LOCAL AGREEMENTS WITH OTHER GOVERNMENTAL BODIES AND
DISTRICTS IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER
163; AUTHORIZING AND PROVIDING FOR THE LEVYING AND COLLEC-
TION OF AD VALOREM TAXES WITHOUT REFERENDUM FOR THE OPERA-
TION OF SAID DISTRICT; AUTHORIZING AND EMPOWERING SAID
BOARD TO BORROW MONEY ON NOTE OR NOTES OF SAID DISTRICT;
PROVIDING THAT THE TITLE TO ALL EQUIPMENT AND PROPERTIES
OF ALL KINDS HEREAFTER ACQUIRED BY THE DISTRICT CREATED
HEREIN AND THEREAFTER ABOLISHED SHALL BECOME THE PROPERTY
OF THE MONROE COUNTY COMMISSION; AUTHORIZING AND PROVIDING
GENERALLY THE POWERS AND DUTIES OF THE GOVERNING BOARD OF
SAID DISTRICT HEREIN CREATED; PROVIDING FOR CONCURRENT
JURISDICTION WITH THE FLORIDA KEYS AQUEDUCT AUTHORITY AND
WITH THE MONROE COUNTY WASTE COLLECTION AND DISPOSAL
DISTRICT; PROVIDING FOR PARTICIPATION IN SAID DISTRICT BY
MUNICIPALITIES; PROVIDING EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AS FOLLOWS:
Section 1. Upon this Ordinance becoming a law, all of the
unincorporated lands in the County of Monroe, State of Florida, shall
become and be incorporated into a municipal service taxing or benefit
unit as authorized by Florida Statute Chapter 125, as amended by
Chapter 75 -63, Laws of Florida for the purpose of providing garbage,
trash, waste collection and disposal within the territorial limits
of said area, which shall be a public corporation to be known as the
Monroe County Municipal Service District.
C.17.b
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Section 2. At anytime after this Ordinance becomes law,
any or all of the incorporated municipalities in Monroe County may,
by Interlocal Agreement, duly and regularly adopted by its respec-
tive governing body, elect to participate in the municipal service
taxing or benefit unit created hereby.
Section 3. The governing body of the newly created Monroe
County Municipal Service District, hereinafter termed "the District"
or "said District" shall be known and designated as the Board of
County Commissioners of Monroe County, Florida, hereinafter termed
"the Board" or "said Board ". Said Board, constituted under the
Ordinance, shall have all the powers of a body corporate, including
the power to contract, interlocally, under the provisions of Chapter
163, Florida Statutes, or otherwise, and to be contracted with in
behalf of said District; to sue and to be sued; to adopt and use a
common seal and to alter the same at pleasure; to acquire, to
purchase, hold, lease, and convey such real estate and personal
property, including equipment as said Board may deem proper or
expedient to carry out the purposes of this Ordinance; to employ
such experts, agencies and employees as said Board may require or
deem advisable; to borrow money and to issue negotiable promissory
notes, certificates of indebtedness as hereinafter provided; and to
generally exercise the powers of a public authority organized and
existing for the purpose of waste, garbage, trash collection and
disposal within the territorial limits of said District.
Section 4. The said Board shall at all times consist of
no less than five (5) members, who all shall be County Commissioners
of Monroe County, Florida. The said members of the Board shall serve
until their respective term as County Commissioners shall expire or
until such time as their successor is appointed. It shall be an
essential qualification that the membership of the Board be County
Commissioners of Monroe County, Florida.
Section 5. As soon as practicable, after this Ordinance
becomes a law, the Board of the newly created District shall meet
C.17.b
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and organize by the election from their Board, a chairman and a
vice - chairman. The Clerk of the Circuit Court of the Sixteenth
Judicial Circuit of the State of Florida, as County Clerk, shall
be an ex officio clerk, treasurer and director of finance of said
Board. Three (3) members of the Board shall constitute a quorum.
A majority of a quorum shall be necessary for the transaction of
business. The chairman shall vote at all meetings of said Board.
Section 6. The Board shall not receive compensation for
their service upon said Board, except that travel expenses to and
from District meetings or while on District business may be reim-
bursed by the District to the members actually incurring said
travel expenses.
Section 7. The books of said District shall be audited by
the same officers and in like manner as the books of county officers
The said Board shall have the power and authority to hold, control
and acquire, by gift or purchase, for the use of the District, any
real or personal property and to pay the purchase price in install-
ments or deferred payments; and to condemn any lands needed for the
purpose of said District.
Section 8. The Board is hereby authorized and empowered,
in order to carry out the purpose of this act, to borrow money
and issue certificates of indebtedness therefore upon such terms
and at such rates of interest as said Board may deem advisable and
in accordance with the provisions of ARTICLE VII, Section 12 of
the Florida Constitution of 1968 and Florida Statutes 125 and other
special and general laws and said certificates of indebtedness
may be a charge upon all revenues derived from taxes in that
year or maybe made payable from budgetary requirements in due
course of law, as said Board may elect.
Section 9. The funds of said District shall be deposited
in the name of the District in a bank authorized to receive deposits
of County funds, which bank shall be designated by a resolution of
the Board. Such designations of such bank, and deposit of funds
therein, shall be the exercise of due care and diligence on the
part of said commissioners for the safekeeping of said funds. No
funds of the District shall be paid out or disbursed save and
C.17.b
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except by check.
Section 10. No funds of said District shall be used for
any purpose other than the administration of the affairs and business
of said District, for the construction, care, maintenance, upkeep,
operation and purchase of garbage, trash and waste collection and
disposal equipment for the District as the Board may determine.
Section 11. The said Board of the District shall have the
power and authority to acquire by gift or purchase and to pay the
purchase price for such garbage, trash and waste collection and
disposal equipment as is deemed reasonably necessary for the
providing of municipal services related thereto in said municipal
taxing District; and shall have authority to hire garbage, trash
and waste collection and disposal personnel and to prescribe rules
and regulations pertaining thereto so long as the same is not
inconsistent with the provisions of general or special law.
Section 12. The Board of the District shall have the power
and express authorization to enter into Interlocal Agreements with
a
any municipality, political subdivision, agency, or officer of
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the State of Florida, including but not limited to state government,
a
county, city, school district, single or multipurpose special
district, single or multipurpose public authority; to provide for ;
joint exercise of any power, privilege or authority which said
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District may have in common and which each might exercise separately,
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specifically said District may by Interlocal Agreement contract with
;
the Monroe County Waste Collection and Disposal District for the LO
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providing of services which said Monroe County Municipal Service
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District is empowered and authorized to provide under this
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Ordinance and may pay said Monroe County Waste Collection and Dis-
posal District for providing said services in behalf of the Monroe
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County Municipal Services District.
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Section 13. The officers of said Board shall have the
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duties usually pertaining to, vested in, and incumbent upon, like
officers. A record shall be kept of all meetings of said Board.
C.17.b
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The Board may adopt such rules and regulations as it may deem
necessary in and about the transaction of its business, and in
carrying out the provisions of this act.
Section 14. The Board shall, on or before the first day
of November, make an annual report of its actions and accounting
of its funds as of the 30th day of September of each year, and
shall file said report in the office of the clerk of the circuit
court of Monroe County, Florida, whose duty it shall be to receive
and file said report and hold and keep the same as a public record
The fiscal year of said District is hereby fixed as commencing on
October lst and ending on September 30th.
Section 15. The funds of said District shall be paid out
only upon warrant signed by the chairman of the board, and having
thereto affixed the corporate seal of the District; and no warrant
shall be drawn or issued against funds of said District except for
a purpose authorized by this act, and no such warrant against funds
of said District shall be drawn or issued until after the account
or expenditure for which the same is to be given in payment has
been ordered and approved by the Board of said municipal taxing
district.
Section 16. The Board of said municipal service taxing
or benefit unit created hereby is authorized, empowered and
directed annually to levy upon all the real and personal taxable
property, including homesteads, in said District, a sufficient tax
to pay the necessary costs for the maintenance, operation and
support of the District, but the said levy to pay for the costs of
operation, maintenance and support of said District shall not exceed
two (2) mills on the dollar for any one year. In addition, if the
County of Monroe, State of Florida shall create another Municipal
Service Taxing or Benefit Unit under the authorization contained in
Florida Statute 125.01, then in that event the total millage
authorized under this Ordinance shall be decreased by the amount of
millage levied in any one year by said other municipal service taxing
or benefit units in Monroe County, Florida toward the end that in
C.17.b
no one given year shall the ad valorem millage of the District
created by this Ordinance together with the millage levied by the
Monroe County Waste Collection and Disposal District and any other
municipal service taxing or benefit unit in Monroe County, Florida,
when added together, be in excess of ten (10) mills.
Section 17. The levy by said Board of the taxes authorized
by any provision of this Ordinance shall be resolution of said
Board duly entered upon the minutes of the Board. Millage shall
beset and ad valorem taxes levied thereon in accordance with the
provisions of general law and in like manner as required for the
setting of millage and levy of ad valorem taxes by a county. It
shall be the duty of the County Commissioners of Monroe County,
Florida to order and require the County Property Appraiser of said
county to assess and the County Tax Collector of said county to
collect the amount of taxes so assessed or levied by the Board of
Commissioners of said District upon the taxable property, including
homesteads to the extent that taxes may be lawfully levied upon
homesteads, in said District at the rate of taxation adopted by
said Board of Commissioners of said District for said year and
included in the warrant of the Property Assessor and attached to the
assessment roll of taxes for said year and included in the warrant
of the Property Assessor and attached to the assessment roll of
taxes for said county each year. The Tax Collector of said county
shall collect such tax so levied by said Board in the same manner
as other taxes are collected, and shall pay the same over to the
Board of said Monroe County Municipal Service District within the
time and in the manner prescribed by law for the payment by the Tax
Collector of county taxes shall be held by said Board and paid out
by them as provided in this act.
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Section 18. It is herein and hereby determined and
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declared that the municipal service taxes herein provided for �
garbage, trash and waste collection and disposal are municipal
assessments for municipal or peculiar benefits accruing to the
properties within the Municipal Taxing District herein created
against which properties the said levies are directed to be made.
C.17.b
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It is also herein and hereby found, determined and declared, that
waste, garbage and trash collection and disposal within said
District herein created, are public purposes, and are also County,
District and Municipal purposes.
Section 19. The Board is authorized to pay from the funds
of the aforesaid Municipal Taxing District all expenses of the
organization of said Board and all expenses necessarily incurred in
the formation of said District and all other reasonable and necessary
expenses of an attorney in the transaction of the business of the
Municipal Taxing District, and in carrying out and accomplishing
the purposes of this act.
Section 20. At least once in each year the Board shall
publish once in some newspaper published in said Municipal Taxing
District, a complete detailed statement of all monies received and
disbursed by them since the creation of the District, as to the
first published statement and since the last published statement
as to any other year. Such statements shall also show the several
sources from which said funds were received and shall show the
balance on hand at the time of the published statement. It shall
show a complete statement of the condition of the Municipal Taxing
District.
Section 21. When required by the laws of Florida, any
obligation issued or incurred by the District shall be approved by
the qualified electors.
Section 22. Whoever shall wilfully damage any of the
property in the Municipal Taxing District created under this
Ordinance shall be punished as proved in the general law for
punishments for malicious injury to property.
Section 23. Any clause, sentence, paragraph, section, or
part of section, of this act which for any reason may be declared
invalid, may be eliminated from this act and the remaining portion
thereof shall be in force and valid as if such invalid clause,
section or part of section had not been incorporated herein.
C.17.b
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Section 24. It is intended that the provisions of this
Ordinance shall be liberally construed for accomplishing the purposes
provided therefore, or intended to be provided for by this act, and
where a strict construction will result in the defeat of the accom-
plishment of any of the purposes provided for by this Ordinance,
and a liberal construction would permit or assist in the accomplish-
ment thereof, the liberal construction thereof shall prevail.
Section 25. All Ordinances and parts of Ordinances in
conflict herewith are herein and hereby repealed.
Section 26. This Ordinance may be subsequently amended
by the same procedure in its original enactment.
Section 27. The within Ordinance is full authority for
the establishment of District projects. The Board shall have
jurisdiction and control over all of the District, including, but
not limited to, all waste collection and disposal facilities,
except to the extent otherwise provided in this Ordinance. It
shall not be necessary for the District to obtain any license,
permit or other authorization from any Board, Commission or like
instrumentality of Monroe County or any political subdivision
therein in order to construct, reconstruct, acquire, extend,
repair, improve, maintain or operate any project. The jurisdiction
of the Board is nonexclusive and the Florida Keys Aqueduct Authority;
the Monroe County Waste Collection and Disposal District and Monroe
County may exercise concurrent jurisdiction and control over waste
collection and disposal facilities within the territorial limits
of the District. The Monroe County Municipal Service District
is empowered to enter into working agreements with; Monroe County,
The Florida Keys Aqueduct Authority and the Monroe County Waste
Collection and Disposal District to operate waste collection and
disposal facilities and to loan, grant or otherwise provide funds
to said District, Authority and County to assist them in carrying
out the vital function and purposes of this Ordinance.
Section 28. In the event an Interlocal Agreement is entered
into between the District and a muncipality, said agreement shall
be in compliance with the terms of Chapter 163, Florida Statutes
and shall include an express provision as to how said municipality
C.17.b
shall pay for its participation in said District which may be
either from funds derived from service charges, special assessments
or taxes imposed within said municipality by said municipality or
from budgetary payments made in the due course of law from said
municipality to the District.
Section 29. This Ordinance shall take effect upon receipt
of the official acknowledgment from the Department of State acknow-
ledging receipt of certified copy of this Ordinance and that said
Ordinance has been filed in said office.
OF THE ST'1T
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BRUCE A. SMATHERS
SECRETARY OF STATE
September 5, 1975
,§r- rrrtar of �§tat.e
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
(904) 488 -3918
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County
Post Office Box 1860
Key West, Florida 33040
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge a certified copy of Monroe
County Ordinance No. 75 -9, which was received and filed
in this office on September 5, 1975.
Kindest regards.
Cordially,
BRUCE A. SMATHERS
Secretary of State
By
(Mr .) Nancy vanaugh
Chef, Bureau f Laws
NK /mb
C.17.c
ORDINANCE NO.10 -1975
AN ORDINANCE AMENDING SECTION 'S, 6, 7, 9, 14,
15 and 17, OF MONROE COUNTY ORDINANCE NO.9-
1975, THE SAME BEING AN ORDINANCE ENTITLED,
"AN ORDINANCE PROVIDING FOR THE CREATION,
ESTABLISHMENT, MERGER AND ABOLITION OF A MUN-
ICIPAL SERVICE TAXING OR BENEFIT DISTRICT FOR
ALL OF THE UNINCORPORATED AREAS OF MONROE COUNTY,
FLORIDA, FOR THE PURPOSE OF PROVIDING GARBAGE, _-
TRASH, WASTE COLLECTION AND DISPOSAL, WITHIN SAID U
.
DISTRICT FROM FUNDS DERIVED FROM SERVICE CHARGES, `;
SPECIAL ASSESSMENTS,OR AD VALOREM TAXES WITHIN d
SAID DISTRICT, UNDER THE NAME OF: THE MONROE `"
COUNTY MUNICIPAL SERVICE DISTRICT; SETTING FORTH
THE TERRITORIAL BOUNDARY OF SAID DISTRICT; PROVID-
ING FOR GOVERNMENT AND ADMINISTRATION OF SAID �
DISTRICT;DEFINING THE POWERS AND PURPOSES OF SAID 2
DISTRICT AND GOVERNING BOARD THEREOF; AUTHORIZING a
AND EMPOWERING THE BOARD OF GOVERNORS OF SAID
DISTRICT TO ACQUIRE BY GIFT OR PURCHASE SUCH WASTE,
TRASH AND GARBAGE COLLECTION AND DISPOSAL EQUIPMENT
AND EMPLOY SUCH PERSONNEL AS MAY BE DETERMINED BY
y
THE BOARD OF GOVERNORS,REASONABLY NECESSARY TO PRO-
VIDE WASTE, TRASH AND GARBAGE COLLECTION AND DISPOSAL m
SERVICES WITHIN SAID DISTRICT; AUTHORIZING AND EMPOWER-
ING SAID BOARD TO ESTABLISH, CONTRACT FOR, OPERATE AND m
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MAINTAIN WHATEVER FACILITIES WHICH MAY BE REQUIRED TO
PROVIDE SAID SERVICES; AUTHORIZING AND EMPOWERING SAID O
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BOARD TO ENTER INTO INTERLOCAL AGREEMENTS WITH OTHER
GOVERNMENTAL BODIES AND DISTRICTS IN ACCORDANCE WITH
FLORIDA STATUTES CHAPTER 163; AUTHORIZING AND PROVID- 0
d
ING FOR THE LEVYING AND COLLECTION OF AD VALOREM TAXES `)
WITHOUT REFERENDUM FOR THE OPERATION OF SAID DISTRICT;
AUTHORIZING AND EMPOWERING SAID BOARD TO BORROW MONEY m
ON NOTE OR NOTES OF SAID DISTRICT; PROVIDING THAT THE o
TITLE TO ALL EQUIPMENT AND PROPERTIES OF ALL KINDS y
HEREAFTER ACQUIRED BY THE DISTRICT CREATED HEREIN AND o
a
THEREAFTER ABOLISHED SHALL BECOME THE PROPERTY OF THE a
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MONROE COUNTY COMMISSION; AUTHORIZING AND PROVIDING ul)
GENERALLY THE POWERS AND DUTIES OF THE GOVERNING BOARD n
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OF SAID DISTRICT HEREIN CREATED; PROVIDING FOI$ CON-
CURRENT JURISDICTION WITH THE FLORIDA KEYS AQUEDUCT
AUTHORITY AND WITH THE MONROE COUNTY WASTE COLLECTION v
AND DISPOSAL DISTRICT; PROVIDING FOR PARTICIPATION IN
SAID DISTRICT BY MUNICIPALITIES: PROVIDING EFFECTIVE
DATE." BY CHANGING SECTION 5 TO CHANGE THE CLERK'S TITLE 0
AND DUTIES IN SAID DISTRICT; BY CHANGING SECTION 6 TO
d
DELETE THE TRAVEL REIMBURSEMENT PROVISIONS; BY CHANGING
SECTION 7 TO DELETE THE AUTHORITY OF THE DISTRICT TO v
m
CONDEMN LAND; BY CHANGING SECTION 9 TO PROVIDE FOR THE
EXERISE OF DUE CARE AND DILIGENCE BY THE CLERK RATHER
THAN THE BOARD IN THE SELECTION OF A DEPOSITORY FOR
DISTRICT FUNDS AND TO PROVIDE FOR THE METHOD OF DISTRICT
PAYMENT TO BE BY WARRANT RATHER THAN BY CHECK AND TO
REQUIRE THAT SAID WARRANT BE SIGNED BY THE CHAIRMAN OF
SAID BOARD AND ATTESTED TO BY THE CLERK; BY CHANGING
SECTION 14 TO PROVIDE THAT ANNUAL REPORTS OF THE DISTRICT
BE IN THE MANNER AND IN ACCORDANCE WITH THE PROVISIONS OF
GENERAL AND SPECIAL LAW AS THAT AS IS REQUIRED TO BE
PROVIDED BY THE COUNTY; BY CHANGING SECTION 15 TO
PROVIDE FOR ATTESTATION OF DISTRICT WARRANTS BY THE
CLERK; BY CHANGING SECTION 17 TO PROVIDE FOR THE
ISSUANCE OF TAX CERTIFICATES AND TAX DEEDS FOR
DELINQUENT TAXES IN ACCORDANCE WITH THE PROVISIONS
OF FLORIDA STATUTE CHAPTER 197; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1. That Section 5 of Ordinance No.9 -1975 be and
the same is hereby amended to read as follows:
"Section 5. As soon as practicable, after this Ordinanc
becomes a law, the Board of the newly created District shall meet
and organize by the election from their Board, a chairman and a
vice chairman. The Clerk of the Circuit Court of the Sixteenth
Judicial Circuit of the State of Florida, as ex officio clerk of the
Board of County Commissioners of Monroe County, Florida;, shall be
the ex officio clerk, auditor, recorder of the minutes and accounts
and custodian of the District funds. Three (3) members of the Board
shall constitute a quorum. A majority of a quorum shall be necessary
for the transaction of business. The chairman shall vote at all
meetings of said Board."
Section 2. Section 6 of Ordinance No. 9 -1975 be and the
same is hereby amended to read as follows: LO
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"Section 6. The Board shall not receive compensation
for their service upon said Board."
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Section 3. Section 7 of Ordinance No. 9 -1975 be and
the same is hereby amended to read as follows:
"Section 7. The books of said District shall be audite
Q
by the same officers and in like manner as the books of county offic S.
The said Board shall have the power and authority to hold, control
and acquire, by gift or purchase, for the use of the District, any
real or personal property and to pay the purchase price in install-
ments or deferred payments "."
C.17.c
Section 4. Section 9 of Ordinance No. 9 -1975 be and
the same is hereby amended to read as follows:
"Section 9. The funds of said District -shall be deposited
in the name of the District in a bank authorized to receive deposits
of County funds, which bank shall be designated by a resolution of
the Board. Such designation of such bank for deposit of funds there
A
in, shall be the exercise of due care and diligence on the part of
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the clerk for the safekeeping of said funds. No funds of the Dist- -
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rict shall be paid out or disbursed save and except by warrant signe 2
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by the chairman of said Board and attested to by the clerk."
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Section 5. Section 14 of Ordinance No. 9 -1975 be and the
a
same is hereby amended to read as follows:
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"Section 14. The Board shall, on or before the first day °
ar
of November, make an annual report of its actions and accounting of
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its funds as of the 30th day f September of each
Y p year in a manner O
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and in accordance with the provisions of general and spedial law L
a.
as that as is required by the county and shall file said report in y
the office of the clerk of the circuit court of Monroe County,
Florida, whose duty it shall be to receive and file said report and 0 0
0
hold and keep the same as a public record. The fiscal year of said
District is hereby fixed as commencing on October ist and ending ti
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on September 30th."
ar
Section 6. Section 15 of Ordinance No.9 -1975 be and the
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same is hereby amended to read as follows:
"Section 15. The funds of said District shall be paid out d
only upon warrant signed by the chairman of the board and attested
to by the clerk and having thereto affixed the corporate seal of the
District; and no warrant shall be drawn or issued against funds of
said District except for a purpose authorized by this act, and no
C.17.c
such warrant against funds of said District shall be drawn or
issued until after the account or expenditure for which the same
is to be given in payment has been ordered and approved by the
Board of said municipal taxing district."
Section 7. Section 17 of Ordinance No. 9 -1975 be and the
same is hereby amended to read as follows:
;
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"Section 17. The levy by said Board of the taxes authoriz
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by any provision of this Ordinance shall be by resolution of said
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Board duly entered upon the minutes of the Board. Millage shall
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be set and ad valorem taxes levied thereon in accordance with the a
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provisions of general law and in like manner as required for the a
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setting of millage and levy of ad valorem taxes by a county. It y
shall be the duty of the County Commissioners of Monroe County, a
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Florida to order and require the County Property Appraiser of said
county to assess and the County Tax Collector of said county to
a
collect the amount, of taxes so assessed or levied by the Board of 0.
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Commissioners of said District upon the taxable property, including
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homesteads to the extent that taxes may be lawfully levied upon a
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homesteads, in said District at the rate of taxation adopted by said m > 2
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Board of Commissioners of said District for said year and included
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in the warrant of the Property Assessor and attached to the assess-
ment roll of taxes for said year and included in the warrant of the
d
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Property Assessor and attached to the assessment roll of taxes for
said county each year. The Tax Collector of said county shall colle '
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such tax so levied by said Board in the same manner as other taxes
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are collected, and shall pay the same over to the Board of said
Monroe County Municipal Service District within the time and in the
manner prescribed by law for the payment by the Tax Collector of
county taxes and shall be held by said Board and paid out by them
as provided in this act.
Tax certificates and tax deeds shall be issued for all delinquent
properties in accordance and in like manner as the same are
authorized to be issued by Chapter 197 of the Florida Statutes
and other general and special law regulating the issuance of same
for non - payment of delinquent county ad valorem taxes."
Section B. This Ordinance shall take effect when a
certified copy has been accepted by the postal authorities of
the government of the United States for special delivery mail
to the Department of State.
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BRUCE A. SMATHERS
SECRETARY OF STATE
September 19, 1975
seart -j! of '�itatr
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
(904) 488 -3918
Snrvr - -- iv. .
X21
Richard C. Payne, Esquire
Assistant County Attorney
Monroe County
Post Office Box 1680
Key West, Florida 33040
Dear Mr. Payne:
DAVID C. MACNAMARA
Assistant Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of September 17, and certified
copy of an Emergency Monroe County Ordinance No. 75 -10, which
was received and filed in this office September 19, 1975.
Kindest regards.
Nk /mp
Cordially,
BRUCE A. SMATHERS
Secretary of State
By
(anaugh
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ORDINANCE NO. 10 -1977
AN ORDINANCE PROVIDING FOR THE ANNUAL LEVY OF A
GARBAGE AND TRASH COLLECTION AND DISPOSAL SPECIAL
ASSESSMENT UPON ALL IMPROVED PARCELS OF RESIDEN-
TIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF
MONROE COUNTY, FLORIDA; MAKING IT MANDATORY FOR
THE PROPERTY OWNER TO PAY SAID ASSESSMENT; MAKING
SAID ASSESSMENT A LIEN AGAINST THE PROPERTY UNTIL
PAID; PROHIBITING UNAUTHORIZED ACCUMULATIONS OF
REFUSE ON ANY PREMISES BY DECLARING SAME TO BE A
NUISANCE; SETTING REQUIREMENTS FOR GARBAGE RECEP-
TACLES; REQUIRING DISPOSAL OF ALL GARBAGE AND
RUBBISH THROUGH LICENSED FRANCHISE COLLECTORS;
PROHIBITING ANY PERSON FROM ENGAGING IN SOLID
WASTE COLLECTION EXCEPT THOSE LICENSED BY THE
BOARD OF COUNTY COMMISSIONERS; PROVIDING METHOD
FOR FIXING FRANCHISE COLLECTORS COMPENSATION; PRO -
HIBITING LITTERING; REQUIRING ESTABLISHMENTS SERV-
ING THE PUBLIC TO PROVIDE LITTER RECEPTACLES AND
POST SIGNS NOTIFYING PUBLIC AGAINST VIOLATION OF
THE ANTI- LITTERING ORDINANCE; PROVIDING PENALTIES
FOR VIOLATIONS; OFFERING $100 REWARD TO PUBLIC FOR
INFORMATION LEADING TO THE ARREST AND CONVICTION
OF ANY PERSON VIOLATING SAID ORDINANCE; PROVIDING
SAVINGS CLAUSE, REPEALING ALL ORDINANCES IN CONFLICT
WITH SAID ORDINANCE; PROVIDING FOR EFFECTIVE DATE;
REPEALING MONROE COUNTY ORDINANCE NO. 9 -1974 THE
SAME BEING AN ORDINANCE PERTAINING TO THE COLLECTION,
TRANSPORTATION AND DISPOSAL OF GARBAGE AND TRASH, ETC.
C.17.d
WHEREAS, The Board of County Commissioners of Monroe County,
Florida, in public meetings assembled, find that there is an inordinate
amount of littering of the public rights -of -way and vacant properties
in the unincorporated areas of Monroe County with trash and garbage
generated within the residential units of the County, and
WHEREAS, the Board by ordinance has heretofore made sub-
scription to a garbage and trash collection service mandatory upon
all residents, and
WHEREAS, many residential units are occupied only inter-
mittently during the year by either an owner or tenent or are rented
seasonally thus making enforcement of the subscription mandate exceed-
ingly difficult and in many instances impossible, and
WHEREAS, the present accumulations of garbage and trash
throughout the unincorporated areas is so voluminous as to constitute
a clear and present danger to the health and welfare of the citizens
of the County which cannot be further tolerated, and
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C.17.d
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WHEREAS, said Board after due examination of the reports
of consultants and other pertinent evidence, has made a determina-
tion that it is necessary for more stringent regulation of trash and
garbage collection within the County in order to promote the common
interest of the people of the County, and
WHEREAS, it is necessary for the Board of County Commis-
sioners to make substantial purchase for incineration equipment and
to construct incineration facilities due to the geographical loca-
tion of the Florida Keys and due to the fact that land fill opera-
tions as a primary method of solid waste disposal is not a feasible
means of such disposal, and
WHEREAS, it is desired to provide for the levy of a special
assessment against all improved residential, commercial and industrial
units within the unincorporated area for the collection and disposal
of trash and garbage reflecting the benefit to such units of the pro-
vision of such service and to provide a fair and equitable method for
the determination of charges to be collected for trash and garbage
collection and disposal, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. "SHORT TITLE ", This ordinance shall be known
and may be cited as "The Comprehensive Solid Waste Ordinance of The
Municipal Service District, Monroe County, Florida ".
Section 2. "DEFINITIONS ", For the purpose of construing
this Ordinance, the following terms, words and their derivations shall
have the meaning given herein. When not consistent with the context,
words used in the present tense include the future, words in the plural
number include the singular number. The word "shall" is always manda-
tory and not merely directory.
"BOARD" The word "Board" shall refer to the Board of County
Commissioners of Monroe County, Florida.
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"BULKY ITEMS" Any tangible item such as furniture, appliances,
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bicycles, motor vehicles or similar property not having a useful pur-
pose to the owner or abandoned by the owner and not in ^luded within
the definitions of garbage, garden trash, or rubbish.
"COLLECTOR" The word "collector" refers to a person author-
ized by the Board, under the provisions of a franchise agreement, to
collect and transport solid waste within their respective service area.
"COMMERCIAL" includes all nonresidential and industrial
establishments but not limited to and without regard to whether they
are profit or non0profit organizations or retail and /or wholesale
establishments, motels, hotels, stores, schools, churches, hospitals,
office buildings, restaurants, service stations, garages, laundries,
cleaning establishments, public or private institutions of all types,
and all other business required to obtain occupational licenses.
"COUNTY" shall refer to the unincorporated areas of Monroe
County, Florida.
"DISTRICT" shall mean the Municipal Service District of
Monroe County, Florida and shall include that part of Monroe County
extending from the Dade Monroe County line to the City limits of the
City of Key West and excludes all incorporated areas therein.
"GARBAGE" means materials resulting from the preparation,
cooking and serving of food, market wastes, trimmings and other dis-
carded matter from meat or produce, including containers in which
packaged and any other matter, of any nature whatsoever, which is sub-
ject to decay, putrefaction and the generation of noxious or offensive
gases or odors, or which, during or after decay, may serve as breeding
or feeding material for flies or other germ carrying insects, or any
container of the material defined herein.
"IMPROVED PROPERTY" refers to all residential, commercial
or industrial property that generates or is capable of generating solid
waste.
"INDUSTRIAL WASTES" shall mean the waste products of canneries
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slaughterhouses or packing plants, condemned food products, agricultural
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waste products, waste and debris from brick, concrete block, roofing
shingle or tile plates, debris and wastes accumulated from land clear-
ing, excavating, building, rebuilding, and altering of buildings,
structures, roads, streets, sidewalks or parkways and other solid
waste products generated from industrial processing or manufacturing.
"MANAGER" shall refer to the Manager of the Municipal Service
District, Monroe County, Florida.
"LITTER" is hereby defined as including all garbage, rubbish,
garden trash and all waste materials including, but not limited to,
bottles, glass, cans, scrap metal, junk, paper, disposable packages
or containers and all other similar materials, and any substance of
any kind or nature whatsoever that creates a public health, safety or
fire hazard or a public nuisance.
"MULTIPLE FAMILY RESIDENCE" refers to a building or structure
that is designed for and capable of housing conveniently two (2) or
more individuals or families in separate quarters.
"MUNICIPALITY" shall refer to all incorporated municipalities
within the boundaries of Monroe County, Florida.
"OWNER" refers to the person or persons owning an interest
in improved property within the boundaries of the Municipal Service
District, Monroe County, Florida.
"PERSON" shall mean any individual, firm, co- partnership,
corporation, company, association, executor, administrator, trustee,
church, religious sect, religious denomination, society, organization
or league, or any other legal entity, whether singular or plural,
masculine or feminine as the context may require.
"PUBLIC WAY" is hereby defined as any and all streets, roads,
alleys, piers, bulkheads, boardwalks, lanes, trails, waters, or other
public ways, and any and all public parks, squares, beaches, parks
and any and all recreational facilities operated by the state, county,
federal government or special governmental districts.
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C.17.d
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"RESIDENTIAL PROPERTY" shall mean any structure or shelter,
or any part thereof, used, or constructed for use, as a residence for
one (1) or more families or individuals and includes the classifica-
tion "multiple family residence" as defined herein. Residential
units shall be construed to mean a single family dwelling, each liv-
ing unit in a duplex or condominium dwelling or apartment house and
each mobile home tie down on a mobile home parcel except mobile home
parcels in rental parks.
"RUBBISH" shall mean refuse accumulations of paper, excel-
sior, rags or wooden or paper boxes or containers, sweepings, and all
other accumulations of a nature other than garbage, which are usual
to housekeeping and to the operation of stores, offices and other
business places, also any bottles, cans or other containers which,
due to their ability to retain water, may serve as breeding places
for mosquitoes or other water breeding insects.
"REFUSE" means all solid wastes, including but not limited
to garbage, rubbish, ashes, street cleanings, dead animals, bulky
items, industrial wastes and trash.
"SERVICE AREA" refers to the geographic areas in Monroe
County that are designated by the Board as franchise areas for which
an agreement with a solid waste collector has been made.
"SOLID WASTE" means garbage, rubbish, refuse, bulky items
and other discarded solid or liquid materials, including materials
resulting from industrial, commercial, agricultural and community
activities. The term "waste" shall be synonymous with "solid waste ".
"SOLID WASTE DISPOSAL SYSTEM" refers to the total plan of
the Board for the collection, billing and disposal of solid waste
within the District.
"SOLID WASTE FACILITY" shall mean and include land, equip-
ment and buildings, constructed and maintained by the Board to trans-
fey and or dispose of solid waste within the District.
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"TRANSFER STATION" means a site and equipment designated
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by the County for the purposes of transferring refuse from collection
vehicles to long haul transport vehicles.
"TRASH" shall mean and include all horticultural trimmings
and all accumulations of grass, weeds, palm fronds, leaves, flowers,
shrubs, vines, tree limbs, and other similar accumulations incidental
to yard keeping.
Section 3. The Monroe County Municipal Service District
shall be a separate and distinct political entity from the Monroe
County Board of County Commissioners, and all revenues of the District
as well as all assets and liabilities of the District shall be sepa-
rate and distinct from the general revenues of Monroe County, Florida,
and the District's revenues shall be carried as a supplement to the
Monroe County general revenue funds and the surpluses of the District's
revenues shall be carried over in the District's budget from fiscal
year to fiscal year.
Section 4. The Board of County Commissioners of Monroe
County acting as the governing Board of the Monroe County Municipal
Service District shall on annual basis, determine, fix and levy upon
all improved residential properties within the District, a special
assessment for the availability of waste collection, transfer and
disposal service as set forth herein.
Section 5. The Monroe County Building Department shall
notify the Manager of the Monroe County Municipal Service District
of the issuance of any certificate of occupancy of any residential
property in Monroe County, Florida and said Manager shall collect
the special assessment sum directly from the property owner until
an assessment is levied against such units in accordance with the
annual assessment procedures delineated in this ordinance. The
franchise collector shall have the obligation to collect solid waste
from any such unit.
Section 6. The fact that any residential unit located in
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the District is occupied or is capable of being occupied shall be
C.17.d
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prima facie evidence that garbage or solid waste is being produced
or accumulated upon such premises. Temporary residential vacancy,
regardless of duration, shall not constitute grounds for a refund
or excuse the nonpayment of any special assessment. A special
assessment for waste collection and disposal shall be levied against
all existing and newly constructed residential units for which a
certificate of occupancy has been issued, as provided herein.
Section 7. It shall be the duty of the owner of each lot,
tract or parcel of land in any area in the District where waste
collection and disposal service is provided, having a residential
unit situate thereon, except as may otherwise be provided herein, to
pay or cause to be paid the special assessment or waste fee due for
each residential unit. Failure on the part of such owner to make
such payment shall constitute a violation of this ordinance.
Section 8. Any unauthorized accumulation of refuse on any
premises is hereby declared to be a nuisance and is prohibited. Any
person having legal or beneficial ownership of or having charge of or
occupying any vacant lot or improved real property within the District
shall, within thirty (30) days after receiving notice of such nuisance
from the District, remove any and all rubbish, garbage, or garden
trash from said property. Any person required under the terms of
this article to have accumulations of garbage removed and disposed of
by the District shall be liable to the District. If not paid the cost
of collection and disposal shall constitute a lien against the prem-
ises to the same extent and character as the lien for special assess-
ments and with the same penalties and with the same rights of collec-
tion, as obtained by special assessment liens and may be handled in
the same manner.
Section 9. Special assessments or fees may be established
or revised at any time by the Board of County Commissioners and the
special assessment, once established by ordinance, shall be applied
to the individual record cards of each parcel of improved property
in the District as shown by the records of the County Property
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Appraiser on January 1 of the current year and the record owner or
owners of said property shall be assessed the annual solid waste
disposal assessment in accordance with the special assessment sche-
dule contained herein.
Section 10. For the period commencing with the effective
date of mandatory service as provided herein and continuing through
December 31, 1977, franchise holders in Monroe County shall collect
monthly service charges as provided herein for all residential units
within the District. The first special assessment as called for
herein shall be for the service period of January 1, 1978 through
December 31, 1978. Thereafter said special assessment shall be for
each consecutive calendar year payable in advance of the service.
Special assessments may be paid annually or semi - annually at the
option of the property owner. The annual payment or the first semi-
annual payment shall be due and payable no later than the 1st day of
April of the service year and the second semi - annual payment shall
be due no later than August 1 of the service year. The option of the
property owner to pay semi - annually must be made prior to or on April 1
of the service year by payment of one -half of the annual assessment.
Section 11. The Ordinance and Resolution procedure required
for the levying of special assessments and for the fixing of compensa-
tion for the collector shall be by public hearing duly publicized in
accordance with Florida Statutes Chapter 125 regular ordinance proce-
dure and may be adjourned and continued from day to day, week to week,
until final enactment.
Section 12. All residential units shall be provided basic
service of twice weekly garbage collection.
residential units shall be unlimited. Other
collections shall be limited to one -half (2)
tial unit per week. Household white goods,
furnishings and equipment shall be picked up
tive franchisee within ten (10) days.
Garbage collections for
solid waste and trash
cubic -yard per residen-
9iscarded furniture,
upon call to the respec-
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Section 13. All commercial establishments shall be provided
basic garbage collection service. Additional collection service shall
be available at a collection frequency as required.
Section 14. Every premise occupied as a dwelling, store or
other place of business in Monroe County, Florida shall have and main-
tain a proper watertight metal garbage container or plastic container
for receiving garbage. It shall be provided with a good, tight and
closely- fitting metal or plastic cover, which cover shall be so con-
structed as to shed all rain water and to prevent the access of flies
to the contents of the can. Such cover shall be kept on at all times
except when removed for the purpose of disposing of or removing gar-
bage, or for securing or airing the garbage can immediately after it
has been emptied, or before fresh garbage has been deposited in it.
Section 15. Residential receptacles for storage of refuse
may not exceed 30 gallons in capacity and 50 pounds in weight unless
it can be mechanically dumped.
Section 16. Garbage and rubbish may be placed in the same
containers. Garden trash will be collected with the garbage if it is
placed in containers not exceeding set limits. Containers shall not
exceed 30 gallons in capacity and 50 pounds in weight. Q
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Section 17. It shall be unlawful to fail to provide suffi-
cient refuse containers to contain all refuse between collections.
Unless special arrangements are made, no refuse will be collected
M
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unless placed in proper containers.
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Section 18. Infectious, inflammable and explosive materials;
and human or animal wastes shall not be placed in containers for regu-
lar collection. Refuse, clothing, bedding, or other refuse from homes
or other places where highly infectious or contagious diseases have
prevailed should be disposed of under the supervision and direction
of the County health officer.
Section 19. No person shall permit his garbage to be so
stored or kept in an exposed manner as to render the air or soil
C.17.d
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impure or unwholesome.
Section 20. Containers shall be placed at curbside or alleyside.
No container shall be placed out at the curb or alley prior to 6:00 P.M.
on the day prior to scheduled collection, and all containers must be
removed prior to 6:00 P.M. on the day of collection.
Section 21. Brush and similar materials must be tied securely
in bundles weighing not more than 50 pounds and not more than 4 feet
long unless containerized.
Section 22. No person shall dispose of any garbage, rubbish,
offal or industrial waste, except through franchise collectors. Inhabi-
tants of Monroe County, Florida may transport to the county dump tree
limbs, cuttings, leaves, grass and weeds from their individual premises,
provided that such persons using County facilities shall be required to
pay the fee established by the Board. No per son shall cast, place,
sweep or deposit anywhere within the County, any refuse in such a manner
that may be carried or deposited by the elements upon street, sidewalk,
alley, sewer, parkway or other public place or into any occupied premises
or unoccupied property within the District, except this shall not
prohibit the placement of clean fill upon any private land.
Section 23. Special assessments shall be applied to all
individual residential units (including those residential units in
apartment houses, condominium buildings and trailer parks. Each multiple ti
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family residential unit shall be considered as a single family residen-
tial unit and shall be assessed as such.
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Section 24. S pecial assessments for residential units shall
c
be billed on an annual basis and shall cover the twelve month period
v
from January 1 through December 31 of that year. Payment of special
Q
assessments shall be on a semi - annual basis, as set forth in Section 10.
Section 25. Service Fees as established by the Board of County
Commissioners for commercial establishments shall be billed and
collected by Franchise Collectors and shall be payable on a monthly
basis.
C.17.d
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Section 26. On or before July 1 of each year, the County
Property Appraiser shall furnish the Director of the Monroe County
Municipal Service District, a tax roll describing all parcels of
improved residential real property within the Special Assessment
District as set forth herein. The director shall mark such roll to
show the amount of special assessment levied hereunder against each
such parcel. He shall present such marked roll to the Board of
County Commissioners, who acting as the governing body of the Muni-
cipal Service District, shall proceed after a public hearing held
on at least fifteen (15) days notice published in a newspaper of
general circulation within the County, to adopt such roll by reso-
lution as a special assessment roll, which shall be a supplemental
roll, and to certify such special assessment to the County Property
Appraiser. Any person aggrieved by such proposed resolution may
appear at a public bearing and state their objections to the reso-
lution proposed for adoption. Upon hearing such objections, the
Board may adopt the resolution or amend it to conform to the evidence
presented. Upon adoption, the resolution as amended, shall consti-
tute an assessment roll which shall be certified to the County Pro-
perty Appraiser. All assessments shall constitute a lien upon the
property so assessed from the date of confirmation of the resolution
of the same extent as the lien for general County taxes and shall be
collectible by the County Tax Collector in the same manner and at the
same time as county Ad Valorem Taxes are collected.
Section 27. Annual special assessments levied hereunder
shall become due and be collected during each year at the same time
that County taxes are due and collected, and said annual special
assessments and levy shall be evidenced to and certified by the Board
of County Commissioners of Monroe County, not later than August 31 of
each year to the Property Appraiser of the County. Said special
assessment shall be extended by the County Property Appraiser on the
County tax rolls as a supplemental roll and shall be collected by the
Tax Collector in the same manner and time as County taxes and the
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proceeds thereof are paid to the County. Said special assessments
once made shall be imposed as special assessment liens against the
real property so assessed, and until fully paid and discharged, or
barred by law, shall remain as liens equal in rank and dignity with
County Ad Valorem Tax Liens and superior in rank and dignity to all
other liens, encumbrances, titles and claims in, to or against the
real property involved. Said special assessment shall be a lien
against the real property against which assessed and enforceable as
provided for in this Ordinance.
Section 28. On April 2 of any service year, if the first
semi - annual payment or annual payment has not been paid, the assess-
ment shall continue as a special assessment lien only if the Board
of County Commissioners shall cause to be filed in the office of the
Clerk of the Circuit Court of Monroe County on or before June 1, a
Notice of Lien or statement showing a legal description of the real
property against which the lien is claimed. The property location
by street and number, the name of the owner as reflected by the
records of the County and an accurate statement of the total amount
of unpaid and delinquent waste fees claimed to be due as of April 1
shall be provided. If the first special assessment semi - annual pay-
ment is not received by A pril 1, then the lien shall be fore the
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entire annual assessment for the service year. The second semi - annual
shall be delinquent if not
payment q paid on or before August 1. A copy
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of such notice of lien shall also be mailed to the owner of the property c
involved as shown by the records of the County. Such notice of lien
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shall be filed in the Official Records maintained by the Clerk of the v
Circuit Court for such purpose, which contain an index listing alpha-
betically the names of owners against whom such liens have been filed.
In the event the County fails to file a notice of lien as aforesaid on
or before June 1, for the annual payment or on or before October 1,for
delinquencies in payment of the second semi - annual payment the special
assessment lien for waste fees for the current twelve month period
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ending September 30, shall cease to exist. Such liens, if filed, may
be discharged and satisfied by payment to the County the aggregate
amount specified in the waste lien docket book, together with interest
thereon from the date the special assessment fee became delinquent
to the payment date with interest computed at the rate of four per
cent (4%) per annum, together with an additional sum of $5.00 for
abstracting and recording cost if any. When such lien has been fully
paid or discharged, the County shall promptly cause evidence of the
satisfaction or discharge of such lien to be entered in the official
Records. Any person, firm, corporate or legal entity, other than the
present owner of the property involved, who pays any such lien shall
be entitled to receive an assignment of the lien held by the County
and shall be subrogated to the rights of the County in respect of
the enforcement of such lien. Delinquent assessments after recordation
of the lien may be collected by appropriate civil action for damages
and in addition to the collection of the lien, interest as called for
in the ordinance shall be collected, together with attorneys fees and
costs for collection of same.
Section 29. Special Assessment After Annual Roll Established
The Monroe County Building Department shall notify the Director of the
Monroe County Municipal Service District of the Request for issuance of
any certificate of occupancy for any residential property in Monroe
County, Florida, and said Director shall in writing notify the Board of
the name of the owner of said property and the legal description of the
property and the nature of the improvement and the Board shall be
resolution affix the assessment against said improved property;in accord-
ance with the assessment figures previously established for such type
of improvement and said property shall be added to the District's
real property record cards. The assessment shall be prorated to reflect
the number of months actual collection service remaining in the assessment
term that said property became obligated to receive garbage and trash
collection service. A certified copy of said resolution signed by
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c.�za
-14-
the Chairman of the Board and attested to by the Clerk shall be
furnished to the County Tax Collector who shall in turn collect the sums
so assessed from the property owner. The assessment shall become a lien
against the property from the date of issuance of the resolution.
The registered property owner shall have 60 days to pay said assessment
imposed under this section and all such assessments not paid within
60 days of the date of said resolution shall remain a lien and shall
be collected by the District by the filing of a notice or statement
of lien within 120 days of the date of said resolution. Said notice
or statement of lien shall be filed in the official record books of
the County and thereafter shall be collectible in the same manner
and shall have the same status as the regular annual assessment which
may be levied by the District.
Section 30. No person, firm or corporation, other than persons,
firms or corporations holding duly authorized franchises issued by the
Board of County Commissioners of Monroe County, Florida, in accordance
with Chapter 63 -1631, Laws of Florida, as amended, shall engage in or
carry on within the limits of Monroe County, Florida a private garbage
and trash collection service, or enter into a business for the collec-
tion and disposal of garbage and trash, nor shall any person, firm
or corporation other than a duly licensed franchise holder transport
or cause to be transported along or over the highways, roads, streets
and throughfares of Monroe County, Florida, any garbage or trash except
as provided herein.
Section 31. Each franchise granted by the Board pursuant to
the authority conferred by Chapter 63 -1631, Laws of Florida, as amended
by Chapter 69 -1320, Laws of Florida, is confirmed for a term equal to
the unexpired term of said collection franchise, except that the County
shall collect the special assessment or service fees, as may be called
for under this ordinance. The supervision of said franchises is
transferred to the Board of County Commissioners of Monroe County,
Florida acting as the governing body of the Municipal Service
District. Compensation for the franchise collectors' services during
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-15-
the unexpired terms of their franchises shall be determined on an
annual basis by the Board at the same time the Board is proceeding
to determine the amount of the special assessment to be levied and
service charges to be used pursuant to the requirements and proce-
dures set forth in this ordinance, as amended. The compensation
increases for each collector shall be determined by analysis of the
cost of collection of solid waste within his service area and the
Board shall consider such factors such as the collectors` cost, the
number of improved parcels in his service area which will be assessed,
the estimate tonnage of solid waste to be generated in his service
area, and any other factors which may be relevant and material to the
issue toward the end that fair and adequate compensation to the fran-
chisee be made while at the same time encouraging economics of oper-
ation so that there will be minimal cost to the taxpayer. The Board
may from time to time, after due notice to the franchises, promulgate
at public hearing such rules and regulations governing the operation
of the franchise holders as may be reasonable and necessary to promote
the goals of this ordinance. Payment to each franchise shall be on
a monthly basis commencing on February 1, 1978. Payment shall be for
the prior month's service.
Section 32. No person shall throw, place or deposit, or
cause to be thrown, placed or deposited, any offal, trash, junk,
vehicle, garbage or filth of any kind, into or on any of the public
streets, roads, highways, bridges, alleys, lanes, thoroughfares,
waters, canals, or vacant lots, or upon the premises of any other
person within the limits of Monroe County, Florida.
Section 33. The proprietors of all privately owned estab-
lishments which serve the public including, but not limited to, drive -
in restaurants, retail shopping centers, grocery stores, convenience
stores, gasoline service stations, commercial parking lots, camp
grounds, trailer parks and all other such establishments shall be re-
quired to place litter receptacles of a size and nature suitable to
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-16-
the need and bearing in large print thereon the label "TRASH ". The
nature of such receptacles, their size, composition, number and place
of location shall be determined by the proprietors based on the size,
location and circumstances of said establishment. The type and num-
ber of such litter receptacles shall be based on the nature and type
of business and the customers of such establishments. Failure on the
part of proprietors to provide adequate receptacles shall result in
action by the Board to compel compliance. Said proprietors shall be
responsible for the removal of litter from such litter receptacles
when necessary.
Section 34. Said proprietors shall within thirty (30) days
of notification by the Board in reference to such litter receptacles,
comply with the terms of this Section.
Section 35. The proprietors of all privately owned estab-
lishments which serve the public including, but not limited to, drive -
in restaurants, retail shopping centers, grocery stores, convenience
stores, gasoline service stations, commercial parking lots, camp
grounds, trailer parks and other such establishments, shall be required
to prominently place signs warning persons against violation of the
anti - litter ordinance and its possible criminal sanctions. The nature,
content, number, location, size and composition of said signs shall r-
ti
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be determined by the proprietor of each based on the size, location
and circumstances, the volume of potential litter generated by said
M
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establishments, and the need for such signs caused by the nature and UO
type of business and customers of such establishments. Failure an
ar
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the part of the proprietor to provide such signs shall result in action I
Q
by the Board to compel compliance. Said proprietors shall, within
thirty (30) days of notification by the Board of the required informa-
tion, comply with the terms of this section. The Board may produce
said signs and offer them for sale at cost and with no profit to the
County to establishments requiring them. Any litter discarded or
deposited in violation of this article which can be established to
-17-
c.�za
have been in the possession or ownership of any person, shall be
presumed to have been discarded or deposited by such person; this
presumption may be rebutted by competent evidence or testimony
establishing that such item of litter had left the ownership or
possession of such person prior to being deposited or discarded in
violation of this article.
Section 36. Penalties:
a. Any person violating the provisions of Sections 8,
22, 30 and 32 of this Ordinance shall upon first conviction be punished
by a mandatory fine of not less than fifty dollars ($50.00) nor more
than five hundred dollars ($500.00) and or by such mandatory minimum
fine (or discretionary fine in excess of said mandatory fine) and
imprisonment in the County jail for a term of sentence not to exceed
sixty (60) days.
b. Upon a second conviction within a two year period
for any combination of the Ordinance Sections set forth in Paragraph
(a) abovesaid, said violation shall be punished by a mandatory mini -
mum.fine of not less than seventy -five dollars ($75.00) nor more than
five hundred dollars ($500.00) and /or by such mandatory minimum fine
(or discretionary fine in excess of said mandatory fine) and imprison-
ment in the County jail for a term of sentence not to exceed sixty r-
ti
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(60) days.
c. Upon a third conviction within a three year period
M
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for any combination of the Ordinance Sections set forth in Paragraph a.
abovesaid, said violation shall be punished by a mandatory minimum
fine of not less than one hundred dollars ($100.00) nor a fine more 0
than five hundred dollars ($500.00) and /or by such mandatory minimum
fine (or discretionary fine in excess of said mandatory fine) and
imprisonment in the County jail for a term of sentence not to exceed
sixty (60) days.
d. In addition to the mandatory fines above, and in
liei�"of imposing an additional fine and /or imprisonment, the Court in
c.�za
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which conviction is obtained may, in its sound discretion, require
such convicted person, under the supervision of the pertinent County
official, to pick up and remove from any public property or public
way or private property, with prior permission of the legal owner of
said private property, any and all litter deposited thereon by anyone
prior to the date of execution of sentence.
e. Any conviction of a per son or firm under Sections
7, 14, 15, 17, 18, 19, 20, 33 and 34 shall only be punishable by the
fine provisions as contained hereinabove and shall not subject such
convicted person to imprisonment.
f. Violations of Sections 7, 8, 14, 15, 17, 18, 19,
20, 30, 32, 33 and 34 of this Ordinance shall constitute second degree
misdemeanors for each day of violation and shall be prosecutable in
the County Court by the prosecuting officer thereof and upon convic-
tion shall be sentenced in accordance with Paragraphs a, b, c, d and e
of this section. Said prosecution, fine or imprisonment shall in no
way effect the liability of the property owner to pay the annual
special assessment called for by this ordinance.
Section 37. Any proposed increases in the compensation to be
paid the garbage franchisee for collection of the residential proper-
ties shall be proposed by the franchisee or franchisees on or before
April 30 of each year for review by the Board prior to the date public
hearings are held to determine the special assessment and service -fees
and the rate of compensation to be paid the franchise collector. Each
franchisee seeking such an increase shall furnish to the governing
body prior to or no later than April 30 a certified financial audit
of the expenses of his franchise operations during that year, prepared
by a certified public accountant of the State of Florida.
Section 38. At the expiration of said franchise granted
by the Board of County Commissioners pursuant to the authorization
contained in Chapter 63 -1631, as amended by Chapter 69 -1320, Laws of
Florida, the Board may enter into contracts with any person, firm or
corporation to provide for the collection of solid waste generated
within specified service areas in the unincorporated areas of thl Pac
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-19-
County. Said contracts shall contain a description of the solid
waste collection service area; the name of the person granted the
right to collect the solid waste generated within the service area;
the length of the agreement; the consideration to be paid for such
collection agreement, if any, and the method of payment; the service
to be furnished by the collector; the amount and method of payment to
the collector for his performance under the collection agreement, the
performance bond and the conditions thereof, if one is deemed neces-
sary, to be furnished by the collector; and such rules and regulations
governing the performing by the collectors as are deemed necessary
to implement the provisions of this Ordinance and to effectively
operate and maintain the solid waste disposal facility. Such agree-
ment may be exclusive or non - exclusive and the term shall not exceed
ten (10) years. Such collection agreements shall be entered into by
the Board only after the holding of a public hearing to consider the
propriety of entering into said agreements. At such public hearing the
Board shall consider the financial responsibility and competency and
capability of performance of the collector; the proposed cost of
collection within the service area; and the amount of consideration,
if any, proposed to be paid to the County by any person desirous of
entering into a collection agreement with the County. Notice of the
time and place of such public hearing shall be published one (1) time
in a paper of general circulation in the County at least fifteen (15)
days prior to said hearing.
Section 39. The provisions of this Ordinance shall not be
applicable in any municipality within Monroe County, Florida, except
where mutually agreeable.
Section 40. If any section, subsection, paragraph, clause,
sentence, phrase or portion of this Ordinance is for any reason held
invalid, unlawful or unconstitutional by any Court of competent juris-
diction, such portion shall be deemed a separate, distinct and inde-
pendent provision and such holding shall not affect the validity of
the remaining portions hereof.
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C.17.d
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Section 41. All Ordinances or parts of Ordinances in con-
flict herewith be and the same are hereby repealed with the effective
date of this Ordinance.
Section 42. That Monroe County Ordinance No. 9 -1974 be
and the same is hereby repealed.
Section 43. The authority for this Ordinance is found in
Chapter 125, Florida Statutes and in Article VIII of the Constitution
of the State of Florida.
Section 44. This Ordinance shall take effect upon receipt
of the official acknowledgment from the Department of State acknowledg-
ing receipt of certified copy of this Ordinance and that said Ordinance
has been filed in said office.
C.17.d
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, July 5th, 1977, at 1:00 P.M. and a second hearing 7:00 P.M. at e
Monroe County Courthouse Annex, Key West, Florida, the Board of
County Commissioners of Monroe County, Florida, intends to consider
the adoption of the following County Ordinance:
ORDINANCE NO. -1977
ANY ORDINANCE PROVIDING FOR THE ANNUAL LEVY
OF A GARBAGE AND TRASH COLLECTION AND DIS-
POSAL SPECIAL ASSESSMENT UPON ALL IMPROVED
PARCELS OF RESIDENTIAL PROPERTIES WITHIN THE
y
UNINCORPORATED AREA OF MONROE COUNTY, FLORIDA;
MAKING IT MANDATORY FOR THE PROPERTY OWNER TO a
a
PAY SAID ASSESSMENT: MAKING SAID ASSESSMENT A c
LIEN AGAINST THE PROPERTY UNTIL PAID; PROHIBIT- y
ING UNAUTHORIZED ACCUMULATIONS OF REFUSE ON ANY
PREMISES BY DECLARING SAME TO BE A NUISANCE;
SETTING REQUIREMENTS FOR GARBAGE RECEPTACLES;
REQUIRING DISPOSAL OF ALL GARBAGE AND RUBBISH
THROUGH LICENSED FRANCHISE COLLECTORS; PRO -
a
HIBITING ANY PERSON FROM ENGAGING IN SOLID d
WASTE COLLECTION EXCEPT THOSE LICENSED BY THE
BOARD OF COUNTY COMMISSIONERS; PROVIDING METHOD
a
FOR FIXING FRANCHISE COLLECTORS COMPENSATION; y
PROHIBITING LITTERING; REQUIRING ESTABLISHMENTS
SERVING THE PUBLIC TO PROVIDE LITTER RECEPTACLES
AND POST SIGNS NOTIFYING PUBLIC AGAINST VIOLA- a
TION OF THE ANTI - LITTERING ORDINANCE; PROVIDING
PENALTIES FOR VIOLATIONS; OFFERING $100 REWARD a
TO PUBLIC FOR INFORMATION LEADING TO THE ARREST Q
AND CONVICTION OF ANY PERSON VIOLATING SAID Q
ORDINANCE; PROVIDING SAVINGS CLAUSE, REPEALING n
ALL ORDINANCES IN CONFLICT WITH SAID ORDINANCE;
PROVIDING FOR EFFECTIVE DATE, REPEALING MONROE _
COUNTY ORDINANCE NO. 9 -1974 THE SAME BEING AN
ar
ORDINANCE PERTAINING TO THE COLLECTION, TRANS-
PORTATION AND DISPOSAL OF GARBAGE AND TRASH, ETC.
DATED at Key West, Florida, this 20th day of May, A.D. 1977.
c
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a
RALPH W. WHITE Q
Clerk of the Circuit Court of
Monroe County, Florida, and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
Publish: May 24, 1977
Note: Bill to Board of County Commissioners, c/o Ralph W. White, Clerk.
Mail Proof of Publication to Richard G. Payne, P.O. Box 1617,
Key West, Florida 33040.
B 1
OF TME S r i, ,
W A_
u °
a
BRUCE A. SMATHERS
SECRETARY OF STATE
July 11, 1977
PC C �tl` 1 Dr itatr
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
(904) 488 -3918
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
Key West, Florida 33040
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge your letter of July 7 and certi-
fied copy of Monroe County Ordinance No. 77 -10, which was
received and filed in this office on July 11, 1977.
Kindest regards.
Cordially,
(Mrs.) Nancy Kavanaugh
g
Chief, Bureau of Laws
NK /mb
eta , �,,, •
4) P
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C.17.e
ORDIN NO. 21 - 1980
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE III
OF MONROE COUNTY CODE OF ORDINANCES, PROVID-
ING FOR THE CREATION, ESTABLISHMENT, MERGER
AND ABOLITION OF A MUNICIPAL SERVICE TAXING
OR BENEFIT DISTRICT, FOR THE PURPOSE OF
PROVIDING GARBAGE, TRASH, WASTE COLLECTION
AND DISPOSAL, WITHIN SAID DISTRICT FROM
FUNDS DERIVED FROM SERVICE CHARGES, SPECIAL
ASSESSMENT, OR AD VALOREM TAXES WITHIN
SAID DISTRICT, UNDER THE NAME OF: THE
MONROE COUNTY MUNICIPAL SERVICE DISTRICT;
SETTING FORTH THE TERRITORIAL BOUNDARY OF
SAID DISTRICT; PROVIDING FOR GOVERNMENT AND
ADMINISTRATION OF SAID DISTRICT; DEFINING THE
PURPOSES OF SAID DISTRICT AND GOVERNING BOARD
THEREOF; AUTHORIZING AND EMPOWERING THE BOARD
OF GOVERNORS OF SAID DISTRICT TO ACQUIRE
BY GIFT OR PURCHASE SUCH WASTE, TRASH AND
GARBAGE COLLECTION AND DISPOSAL EQUIPMENT AND
EMPLOY SUCH PERSONNEL AS MAY BE DETERMINED BY
THE BOARD OF GOVERNORS, REASONABLY NECESSARY
TO PROVIDE WASTE, TRASH AND GARBAGE COLLECTION
AND DISPOSAL SERVICES WITHIN SAID DISTRICT;
AUTHORIZING AND EMPOWERING SAID BOARD TO ESTAB-
LISH, CONTRACT FOR, OPERATE AND MAINTAIN
WHATEVER FACILITIES WHICH MAY BE RFOUTRED TO
PROVIDE SAID SERVICES; AUTHORIZING AND EMPOWER-
ING SAID BOARD TO ENTER INTO INTERLOCAL AGREE-
MENTS WITH OTHER GOVERNMENTAL BODIES AND
DISTRICTS IN ACCORDANCE WITH FLORIDA STATUTES
CHAPTER 1.62; AUTHORIZING AND PROVIDING FOR THE
LEVYING AND COLLECTION OF AD VALOREM TAXES WITH-
OUT REFERENDUM FOR THE OPERATION OF AD VALOREM
TAXES WITHOUT REFERENDUM FOR THE OPERATION OF
SAID DISTRICT ;AUTHORIZING AND EMPOWERING SAID
BOARD TO BORROW MONEY ON NOTE OR NOTES OF SAID
DISTRICT; PROVIDING THAT THE TITLE TO ALL EQUIP-
MENT AND PROPERTIES OF ALL HEREAFTER ACQUIRED BY
THE DISTRTCT CREATED HEREIN AND THEREAFTER ABOLTSHED
SMALL BECOME THE PROPERTY OF THE MONROE COUNTY
COMMISSION; AUTHORIZING AND PROVIDING GENERALLY
THE POWERS AND DUTIES OF THE GOVERNTNG BOARD OF
SAID DISTRICT HEREIN CREATED; PROVIDED FOR
CONCURRENT JURISDICTION WITH THE FLORIDA KEYS
AQUEDUCT AUTHORITY AND WITH THE MONROE COUNTY
WASTE COLLECTION AND DISPOSAL DISTRICT; PROVIDING
FOR`PARTTCTPATTON IN SAID DTSTRTCT BY MUNICIPAL-
ITIES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1, Article III, of the Code of Ordinances of the
Municipal Service District of the County of Monroe, Florida,
be amended to read as follows:
ID
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Page 1 of 8 Pages
G.17 e
Section 8 -43 Establishment
" (a) All of the unincorporated lands in the County
shall become and be incorporated into a municipal service
taxing district or benefit unit as authorized by Florida
Statutes, Chapter 125, amended, for the purpose of pro-
viding garbage, trash, waste collection and disposal
within the territorial limits of such area which shall
be a public corporation to be known as the: Monroe County
Municipal Service District.
(b) Any or all of the incorporated lands /municipalities
in the County may, subject to the approval of the Monroe
County Commission and pursuant to Florida Statutes, Chapter
125, by ordinance, duly regularly adopted by its respective
governing body, elect to participate in the municipal service
taxing or benefit unit created hereby.
Section 8 -44. Interlooal Agreements.
(a) The governing body of the district shall have the
power and express authorization to enter into interlocal agree-
ments with any municipality, political subdivision, agency,
or officer of the state, including, but not limited to state
governments, county, city, school district, single or multi-
purpose special district, single multipurpose public authority;
to provide for joint exercise of any power, privilege or
authority which the district may have in common and which each
might exercise separately.
(b) In the event an interlocal agreement is entered into
between the District created by this article and a municipality,
said agreement, includes an express provision as to how such
municipality shall pay for its participation in the district
which may be either from funds derived from service charges,
special assessments or taxes imposed within such municipality
by such municipality or from budgetary payments made in the due
course of law from such municipality or from such municipality
to the district.
Se ction 8 -45 Governing Body - Designated; powers.
(a) The governing body of the Monroe County Municipal
Service District, hereinafter termed "the district" or "such y
district" shall be knwon and designated as the Board of County Q
Commissioners of Monroe County, Florida, hereinafter termed Q
"the board" or "such board ". Such board, constituted under
this article, shall have all the powers of a body corporate,
including the power to contract, interlocally, under the
provisions of Chapter 163, Florida Statutes, or otherwise, cv
and to be contracted with in behalf of the District; to sue
and to be sued; to adopt and use a common seal and to alter
the same at pleasure; to acquire, to purchase, hold, lease,
and convey such real estate and personal property, including 6
equipment as the Board may deem proper or expedient to carry
out the purposes of this article; to employ such experts,
agencies and employees as such board may require or deem
advisable; to borrow money and to issue negotiable promissory E
notes, certificates of indebtedness as hereinafter provided;
and to generally exercise the powers of a public authority
organized and existing for the purpose of waste, garbage, trash
collection and disposal within the territorial limits of the
district.
Pa?e 2 of 8 Pages
G.17 e
(b) This article is full authority for the establishment
of district projects. The governing body shall have jurisdiction
and control over all of the district, including, but not limited
to, all waste collection and disposal facilities, except to the
extent otherwise provided in this article. It shall not be
necessary for the district to obtain any license, permit or
other authorization from any board, commission or like instrumen-
tality of the county or any political subdivision therein in
order to construct, reconstruct, acquire, extend, repair, improve,
maintain or operate any project.
Section 8 -46 Composition; terms
The governing body of the District created by this article
shall at all times consist of no less than five (5) members, who
all shall be County Commissioners of Monroe County. The members
of the Board shall serve until their respective term as County
Commissoners shall expire or until such time as their successor
is appointed. It shall be an essential qualification that the
membership of the Board be County Commissioners of the County.
Section 8 -47. Same - Organization; clerk; quorum; voting.
The Board of the District created by this article shall
meet and organize by the election from their Board, a Chairman
and a Vice - Chairman. The Clerk of the Circuit Court of the
Sixteenth Judicial. Circuit of the State, as Ex- Officio Clerk of
the Board of County Commissioners, shall be the Ex- Officio Clerk,
auditor, recorder of the minutes and accounts and custodian of
the district funds. Three (3) members of the Board shall consti-
tute a quorum. A majority of a quorum shall be necessary for the
transaction of business. The chairman shall vote at all meetings
of the Board.
Section 8 -48. Same - Members - Not to Receive Compensation.
The governing body of the District created by this article
shall not receive compensation for their service upon such Board.
Section 8 -49 Same - Acquisition of Property; Hiring and Regulation o
Regulation of Personnel. Q
Q
(a) The governing body of the District created by this
article shall have the power and authority to hold, control and w
acquire, by gift or purchase, for the use of the district, any
real or personal property and to pay the purchase price in install-
ments or deferred payments.
v
c
(b) Such body shall have the power and authority to acquire
by gift or purchase and to pay the purchase price for such garbage, `6
trash and waste collection and disposal equipment as is deemed nece-
ssary for the providing of municipal services related thereto in
the municipal taxing district; and shall have authority to hire ar
garbage, trash, and waste collection and disposal personnel and v
to prescribe rules and regulations pertaining thereto so long as Z
the same is not inconsistent with the provisions of general or d
special law.
Page 3 of 8 Pages
G.17 e
Section 8 -50.
Any or all of the incorporated lands /municipalities in the
County may, subject to approval of the Monroe County Commission
and pursuant to Florida Statutes, Chapter 125, by ordinance,
duly and regularly adopted by its respective governing body, elect
to participate in the municipal service taxing or benefit unit
created hereby.
Section 8 -51. Same- Authorization to Issue Obligations.
In order to implement the purposes contained in this article
and to finance the cost of the acquisition, construction, improve-
ment or equipment of solid waste disposal facilities in the district,
the district is authorized to issue special assessment or general
obligation notes or certificates of indebtedness from time to time
(the "obligations "). Such obligations may be issued in coupon form
or fully registered form, and may be in such denomination or denom-
inations, bear interest at such rate or rates and shall mature
at such time or times not exceeding 50 years from their date or
dates as may be determined by the governing body of the district
prior to their issuance. The governing body of the district shall
determine the place or places of payment of the principal of and
interest on the obligations which may be at any bank or trust com-
pany within or without the state. The obligations shall be signed
either by manual or facsimile signatures of the chairman and clerk
of the governing body of the district, provided that such obliga-
tions shall bear at least one signature which is manually executed
thereon. The coupons attached to such obligations, if any, shall
bear the facsimile signature or signatures of such officer or
officers as shall be designated by the governing body of the district
The obligations shall have the seal of the district affixed,
imprinted, reproduced or lithographed thereon, all as may be pre-
scribed in the resolution or resolutions authorizing the issuance
thereof. The obligations may be sold at public or private sale
at such price or prices as the governing body of the district shall
determine to be in its best interest, provided that such price
shall not be less than 950 of the par value of the obligations sold.
The principal of and interest on any obligations issued
hereunder may be payable from special assessments levied against the a
property specially benefited by the acquisition, construction,
improvement or equipment of the solid waste disposal facilities; L
provided, however, such special assessments shall never exceed the a
amount by which such property is determined to be benefited. The d
obligations may be additionally payable from any other funds of the 0
district derived from sources other than ad valorem taxes and legally w
available for such purposes.
cV
Furthermore, the principal of and interest on any obligations
issued hereunder may be payable from ad valorem taxes levied within m
the district, without limitation as to rate or amount or with such c
limitations as may be fixed by the governing body of the district,
after the issuance of such obligations has been approved at a bond
referendum duly called and held as provided by law.
The district may, pursuant to resolution duly adopted, issue v
obligations to refund any obligations issued pursuant to the
authority contained in this ordinance and provide for the rights of Q
the holders hereof. Such refunding obligations may be issued in
an amount sufficient to pay the principal of the outstanding obli-
gations; the interest due and payable on the outstanding obligations
to and including the first date upon which the outstanding obliga-
tions shall be callable prior to maturity, the dates upon which the
principal thereof shall mature, or any dates in between; the redemp-
tion premiums, if any; and any expenses of the issuance and sale of
such refunding obligations.
Page 4 of 8 Pages
G.17 e
For the purpose of this section, the cost of the solid
waste disposal facilities may be deemed to include, but not be
limited to, the cost of acquisition of sites; legal, engineering,
fiscal, architectural fees and fees of any other experts or con -
sultants employed by the district; engineering or architectural
studies; preparation of surveys, plats, assessment rolls, plans
and designs for the facilities; capitalization of interest for
a reasonable period after issuance of the obligations; capitali-
zation of reasonable debt service reserves for the payment of the
obligations; premiums for municipal bond insurance policies; the
obligations, if any; and such other expenses as are necessary,
incidental or appurtenant to the purposes authorized hereunder.
Section 8 -52. Same - Officers; Record of Meetings; Rules
The officers of governing body of the District created by
this article shall have the duties usually pertaining to, vested
in, and incumbent upon, like officers. A record shall be kept of
all meetings of such body. Such body may adopt such rules and
regulations as it may deem necessary in and about the transaction
of its business, and in carrying out the provisions of this
article.
Section 8 -53. Same - Annual Report.
The governing body of the District created by this article
shall, in a manner and in accordance with the provisions of general
and special law as that as is required by the County and shall file
such report in the office of the Clerk of the Circuit Court of Monroe
County, Florida, whose duty it shall be to receive and file such
report and hold and keep the same as a public record.
Section 8 -54. Disposition of funds.
The funds of the district shall be deposited in the name of
the district in a bank authorized to receive deposits of County funds, >
which bank shall be designated by a resolution of the Board. Such a
designation of such bank for deposit of funds therein shall be the o
exercise of due care and diligence on the part of the Clerk for the
safekeeping of such funds. Except as may be provided in resolutions o
authorizing the issuance of obligations, no funds of the district
shall be paid out or disbursed save and except by warrant signed by Q
the Chairman of the governing body of the district and attested to 0
by the Clerk. w
No funds of the district shall be used for any purpose other
than the administration of the affairs and business of the district, v
for the construction, care, maintenance, upkeep operation and
purchase of garbage, trash and waste collection and disposal equip- c
ment for the district, and for the payment of the principal of,
premium, if any, and interest on any obligations may determine.
c
Except as may be provided in resolutions authorizing issuance E
of obligations, the funds of the district shall be paid out only upon v
warrant signed by the Chairman of the governing body and attested to
by the Clerk, and having thereto affixed the issued against funds Q
of the district except for a purpose authorized by this article; and
no such warrant against funds of the district shall be drawn or
issued until after the account or expenditure for which the same is
to be given in payment has been ordered and approved by the Board of
the District.
Page 5 of 8 Pages
G.17 e
Section 8 -SS. Auditing of Books.
The books of the district created by this article shall
be audited by the same officers and in like manner as the books
of Monroe County.
Section 8 -56 Taxation, Special Assessment, Service Charge.
(a) The governing body of the District created hereby is
authorized, empowered and directed annually to levy upon all the
real and personal taxable property, including homesteads, in the
district, a sufficient tax to pay the necessary costs for the
maintenance, operation, and support of the District.
(b) The levy by the governing body of the taxes authorized
by any provision of this article shall be by resolution of such
body duly entered upon the minutes of the body. Millage shall
be set and ad valorem taxes levied thereon in accordance with the
provisions of general law and in like manner as required for the
setting of millage and levy of ad valorem taxes by a County. It
shall be the duty of the County Commissioners to order and require
the County Property Appraiser to assess and the County Tax Collector
to collect the amount of taxes so assessed or levied by such body
upon the taxable property, including homesteads, to the extent that
taxes may be lawfully levied upon homesteads, in such District at
the rate of taxation adopted by such body for such year and included
in the warrant of the property assessor and attached to the assess-
ment roll of taxes for the County each year. The tax collector
shall collect such tax so levied by such body in the same manner as
other taxes are collected, and shall pay the same over to the govern-
ing body of the Monroe County Municipal Service District within the
time and in the manner prescribed by law for the payment by the tax
collector of county taxes and shall be held by such body and paid
out by them as provided in this article. Tax certificates and tax
deeds shall be issued for all delinquent properties in accordance
and in like manner as the same are authorized to be issued by Chapter
197 of the Florida Statutes and other general and special law
regulating the issuance of same for nonpayment of delinquent county
ad valorem taxes.
CO It is herein and hereby determined and declared that the
municipal service taxes herein provided for garbage, trash and
waste collection and disposal are municipal assessments for municipal
or perculiar benefits accruing to the properties within the municipal
taxing district herein created against which properties such levies
are directed to be made. It is also herein and hereby found, deter. -
mined and declared, that solid waste , special wastes, garbage and
trash collection and disposal within such district and municipal
purnoscs.
Section 8 -57. Payment o" expenses.
The governing body of the District created by this article is
authorized to nay from the funds of such municipal taxing district
all expenses of the organization of such body and all expenses
nccessarilly incurred in the formation of the district and all
other reasonable and necessary expenses of an attorney in the
transaction of the business of the municipal taxing district, and
in carrying out and accomplishing the purposes of this article.
1➢
ZI
Page 6 of 8 Pages
G.17 e
Section 8 -58. Voter's approval of obligations.
When required by the laws of the state, any obligations
issued or incurred by the district created by this article shall
be approved by the qualified electors.
Section 8 -59 Damaging property
Whoever shall willfully damage any of the property in the
District created under this article shall be punished as provided
in the general law for punishments for malicious injury to property.
Section 8 -60. Intent of article.
It is intended that the provisions of this article shall be
liberally construed for accomplishing the purposes provided therefor,
or intended to be provided for this article, and where a strict
construction will result in the defeat of the accomplishment of any
of the purposes provided for by this article, and a liberal con-
struction would permit or assist in the accomplishment thereof,
the liberal construction would permit or assist in the accomplish-
ment thereof, the liberal construction thereof shall prevail."
Section 2. If any section, subsection., paragraph, clause,
sentence, phrase, or portion of this ordinance is for any reason
found invalid, unlawful, or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holdings shall not
affect the validity of the remaining portions thereof.
Section 3 . All ordinances or parts of ordinances, or
special /legal acts in conflict herewith be and the same are
hereby repealed with the effective date of this ordinance.
Section 4. The provisions of this ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 5 . 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.
El
Page 7 of 8 Pages
G.17 e
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By X
Chairman
(SEAL)
Attest: --
er
ADOPTED: November 19, 1980
FILED WITH DEPARTMENT OF STATE: November 25, 1980
EFFECTIVE:
A 0 A WVftAt-ftfl*W
AAV 4"A$ SU FICIFNCY.
El
Page 8 of 8 Pages
G.17 e
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Thursday, November 6, 1980 at 10:00 A.M. at the Marathon
Sub - Courthouse, Marathon, Monroe County, Florida, the Board
of County Commissioners of Monroe County, Florida, intends
to consider the adoption of the following County Ordinance:
ORDINANCE NO. -1980
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE III
OF MONROE COUNTY CODE OF ORDINANCES, PROVID-
ING FOR THE CREATION, ESTABLISHMENT, MERGER
AND ABOLITION OF A MUNICIPAL SERVICE TAXING 3
OR BENEFIT DISTRICT, FOR THE PURPOSE OF
PROVIDING GARBAGE, TRASH, WASTE COLLECTION
AND DISPOSAL, WITHIN SAID DISTRICT, FROM
FUNDS DERIVED FROM SERVICE CHARGES, SPECIAL
ASSESSMENTS, OR AD VALOREM TAXES WITHIN ss
SAID DISTRICT, UNDER THE NAME OF: THE
MONROE COUNTY MUNICIPAL SERVICE DISTRICT;
SETTING FORTH THE TERRITORIAL BOUNDARY OF
SAID DISTRICT; PROVIDING FOR GOVERNMENT AND
ADMINISTRATION OF SAID DISTRICT; DEFINING THE O
PURPOSES OF SAID DISTRICT AND GOVERNING BOARD
THEREOF; AUTHORIZING AND EMPOWERING THE BOARD
IL
OF GOVERNORS OF SAID DISTRICT AND GOVERNING
BOARD THEREOF; AUTHORIZING AND EMPOWERING THE y
BOARD OF GOVERNORS OF SAID DISTRICT TO ACQUIRE
BY GIFT OR PURCHASE SUCH WASTE, TRASH AND s
GARBAGE COLLECTION AND DISPOSAL EQUIPMENT AND
EMPLOY SUCH PERSONNEL AS MAY BE DETERMINED BY $
THE BOARD OF GOVERNORS, REASONABLY NECESSARY E
TO PROVIDE WASTE, TRASH AND GARBAGE COLLECTION a
AND DISPOSAL SERVICES WITHIN SAID DISTRICT;
AUTHORIZING AND EMPOWERING SAID BOARD TO ESTA- d
BLISH, CONTRACT FOR, OPERATE AND MAINTAIN WHAT-
EVER FACILITIES WHICH MAY BE REQUIRED TO PROVIDE w
SAID SERVICES; AUTHORIZING AND EMPOWERING SAID
BOARD TO ENTER INTO INTERLOCAL AGREEMENTS WITH
OTHER GOVERNMENTAL BODIES AND DISTRICTS IN AC- ar
CORDANCE WITH FLORIDA STATUTES CHAPTER 162;
AUTHORIZING AND PROVIDING FOR THE LEVYING AND
COLLECTION OF AD VALOREM TAXES WITHOUT REFEREN-
DUM FOR THE OPERATION OF AD VALOREM TAXES WITH-
OUT REFERENDUM FOR THE OPERATION OF SAID DIS
TRICT; AUTHORIZING AND EMPOWERING SAID BOARD
BORROW MONEY ON NOTE OR NOTES OF SAID DISTRICT; v
PROVIDING THAT THE TITLE TO ALL EQUIPMENT AND
PROPERTIES OF ALL KINDS HEREAFTER ACQUIRED BY d
THE DISTRICT CREATED HEREIN AND THEREAFTER
ABOLISHED SHALL BECOME THE PROPERTY OF THE
MONROE COUNTY COMMISSION; AUTHORIZING AND PRO-
VIDING GENERALLY THE POWERS AND DUTIES OF THE
GOVERNING BOARD OF SAID DISTRICT HEREIN CREATED;
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G.17 e
PROVIDING FOR CONCURRENT JURISDICTION NiITH THE
FLORIDA KEYS AQUEDUCT AUTHORITY AND WITH THE
MONROE COUNTY MONROE COUNTY WASTE COLLECTION
AND DISPOSAL DISTRICT; PROVIDING FOR PARTICI-
PATION IN SAID DISTRICT BY t:UNICIPALITIES;
PROVIDING EFFECTIVE DATE.
DATED at Key West, Florida, this 9th day of October,
A.D. 1980.
RALPH W. WHITE
Clerk of the Circuit Court of
Monroe County, Florida, and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
Publish: Tuesday, October 14, 1980
El
PROOF OF PUBLICATION
1: NP11 mrst (Ifthe2t
Published Daily
Key West, Monroe County, Florida
S
STATE OF FLORIDA)
COUNTY OF MONROE)
Before the undersigned authority personally appeared
. �3�Cb��d .s1�Qaita
............... who on oath says that he is
.Ad .lianagnx ........... , of the Key West Citizen, a
daily newspaper published at Key West in Monroe County, Florida;
that the attached copy of adv"tis" ent, being a, notice of
tvA48ttis'to Consider Adoption
in the matter of
was published in sai
Affiant further
newspaper published
and that the said ne
published in said Mo
Saturdays) and has b
post office in Key W
period of one year n
attached copy of adv
neither paid nor pro
discount, rebate, co
this advertisement f
MY Cr_�Iwrd ti��'
(SEAL)
Sworn to and�ru
day of........ �rC
....................
E#
izen is °
CL
Florida, EL
usly d
pt
ter at t
for a Ili
of the
that he vas
n any
f securi
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ar
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v
�F'CHE sr,
r P
a
NC OD WE To
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
Ron Levitt
Assistant Secretary of State
December 2, 1980
Honorable Ralph W. White
Monroe County Clerk of Circuit Court
500 Whitehead Street
Key West, Florida 33040
Attention: Virginia. Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge:
1. Receipt of your letter /s of November 25
and certified copy /ies of Monroe
County Ordinance /s No. /s 80 -21
2.
✓ 3.
Receipt of
relative to:
(a)
which we have numbered
(b)
which we have numbered
We have filed this /these Ordinance /s in this office
December 2, 1980.
4. The original /duplicate copy /ies showing the filing date
is /are being returned for your records.
Cordially.
J
(Mrs.) Jncy Kavanaugh
Chief, Bureau of Laws
NK/k
FLORIDA -State of the Arts
The Capitol a Tallahassee, Florida 32301 a (904) 488-3680
County Ordinance /s
C.17f
weI --q
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 U.VDER
THE ALTERNATIVE COLLECTION PROCEDURES 9RALL
CONSTITUTE A LIEN UPON RESIDENTIAL PROPE%�
PROVIDING PROCEDURES FOR THE COLLECTION OF TH
SOLID WASTE ASSESSMENT BY THE TAX COLLECTOR
PROVIDING FOR DISCHARGE OF RECORDED LIPS';
PROVIDING FOR THE ENFORCEMENT OF DELINQ#6gT
SOLID WASTE ASSESSMENTS; PROVIDING FOR INTERIM
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.
C �
N
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
PART I - GENERAL
SECTION 1. SHORT TITLE. This Ordinance shall be
identified by and may be cited as the "Monroe County Solid Waste
Collection, Disposal and Assessment Ordinance."
SECTION 2. DEFINITIONS For the purpose of this
Ordinance, the definitions contained in this section shall apply
Ile
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C.17f
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 NAddendumN 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.
Ile
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d
2
v
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C.17f
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.
0. "Commercial Collection service" shall mean the
collection, disposal and recycling of Domestic Solid Waste
generated by Commercial Property provided by a Collector.
3
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C.17f
P. "Commercial Container" shall mean and include any
y
detachable receptacle or roll off box for disposal of Solid Waste
M
designed or intended for mechanical pickup.
v
c
Q. "Commercial Property" shall mean all Improved Property
which is not utilized as Residential Property.
°
d
R. "Condominiums shall mean a Building or portion thereof
M
containing one or more units in which each unit is designed for
y
residential occupancy by one family only and which is owned
>
M
pursuant to the provisions of Chapter 718, Florida Statutes (1988),
°
or its successor in function.
a
a
S. "County" shall mean Monroe County, Florida.
T. "County Administrators shall mean the chief
0
administrative officer of the County appointed by the Board, or his
°
cv
designee.
d
a
U. "Customers shall mean the Owner or Occupant of Improved
Property.
v
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
C.17f
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.
DD. "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
C.17f
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 Appraisers shall mean the Property Appraiser
of Monroe County, Florida.
MM. "Rate Resolutions 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 Rolls 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
C.17f
SS. "service Area" 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 Waste" shall mean both Domestic Solid Waste and
Special Solid Waste, as defined below.
(1) 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
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C.17.f
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) Extraordinary 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
C.17:f
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) Sludge 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.
W. "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
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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. "Unsanitary 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.
DDD. IrWhite Goods" shall mean discarded refrigerators, ranges,
washers, water heaters, dishwashers and other similar domestic
appliances.
SECTION 3. FINDINGS. It is hereby ascertainea, aeterminea
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
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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.
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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, sanitary 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 constitute 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.
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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
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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),
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• 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.
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• (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) Assignment 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 %)
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percent of the issued or outstanding stock of the Collector
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or Specialty Hauler or of any corporation which hoods more
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than fifty (50 %) percent of issued and outstanding stock of
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the Collector or Specialty Hauler shall constitute an
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assignment for the purposes of this section. Likewise, during
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the term of a License, any transfer of the voting rights
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attendant to twenty -five (25 %) percent or more of the issued
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or outstanding stock of the Collector or Specialty Hauler
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shall constitute an assignment for the purposes of this
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Section.
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(2) Interlocking 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
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Services within the County or any corporation which holds more
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than fifty (50 %) percent of the issued and outstanding stock
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of any Collector.
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(3) Certification of Compliance. Each Collector shall
annually certify in writing to the County Administrator that
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the Collector and its officers, directors and stockholders
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have not violated any of the provisions of this Subsection D.
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and is in compliance with the remaining provisions of this
Section 7.
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E. Persons who provide lawn care or lawn maintenance for
Improved Property and who transport the Horticulture Trash from
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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 S. DUTIES OF COLLECTOR. In addition to all other
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requirements of law and as contained in the Collection Agreement,
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the Collector shall provide the following:
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A. Collect and remove all Domestic Solid Waste generated by
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Improved Property within the Service Area of the Collector.
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B. Collect and remove all Domestic Solid Waste generated by
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Improved Property within the Service Area of the Collector at the m
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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
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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
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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.
S. 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
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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
Unit 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 lst 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
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.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
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this Ordinance. The Board shall also hear comments or objections
from any Owner or member of the public as to the method of
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apportionment of the cost of providing Collection Services against
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any parcel of Improved Property within any Solid Waste Assessment
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Category. The Board shall make such increase, decrease or revision
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to any proposed Solid Waste Assessment or Solid Waste Assessment
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Category as it shall deem necessary or appropriate and shall adopt
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a Rate Resolution. In addition, the Board shall make such changes,
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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
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hearing to a date and time certain without the necessity of further
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public notice to allow prior to final adoption increases, decreases
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or revisions to the tentative Rate Resolution or changes,
modification or additions to the preliminary Annual Solid Waste
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Assessment Roll or for such other reason deemed necessary in the
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sole discretion of the Board. If upon completion of such public
hearing the Board shall be satisfied that the Annual Solid Waste
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Assessment Roll has been prepared in conformity with the Rate
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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
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subsequent date is approved by the Tax Collector.
D. Notice of the date, time and place of the public hearing
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by the Board on the adoption of the Rate Resolution and of the
Annual Solid Waste Assessment Roll shall be published by the Board
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twice in a newspaper of general circulation, with the first
publication begin at least ten (10) days prior to the public
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hearing, excluding Sundays and legal holidays established by the
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State of Florida. The notice shall set forth the property to be
assessed, a schedule of Solid Waste Assessments, Solid Waste
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Assessment Categories and any Disposal Charges proposed to be fixed
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and established during the ensuing Fiscal Year, and shall announce
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the availability of the preliminary Annual Solid Waste Assessment
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Roll for public inspection.
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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
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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 Solid 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
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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 lst 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 10th.
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.
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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
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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
le
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C.17.f
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
C.17f
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, any one
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
C.17:f
upon a monthly rate, which shall be one - twelfth (1/12) 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.
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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
C.17f
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
C.17f
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:
ayor ai -man
(SEAL)
Attest DANNY Ih XO Clerk
FILED WITH SECRETARY OF STATE:
EFFECTIVE DATE:
aaNrov i s r Four
AND L ,A FFIC NCY.
A €orned "s Office
34
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04 OLpy E coumxv. ..
Vo O
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743 -9036
Dannp I. Ro(bage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294.4641
November 21, 1989
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief "6l1.
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -9253
Dear Mrs. Cloud:
ov'a -r/6
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,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: �Ia4 If • ��
Rosalie L. Connolly, Iluty Clerk
Y
cc: Municipal Code Corp
Mayor John Stormont
Mayor Pro Tem Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton CV%a
Commissioner Michael Puto ��^
County Attorney Randy Ludacer V
County Administrator Tom Brown
MSD Director Charles Aguero
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• �COp . WE
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.
Sincerely,
8 1�'6 Uz"
Liz Cloud, Chief
Bureau of Administrative Code
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