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Ordinance 010-1977 J , -; 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. 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 resid~ntial 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 B 1 -2- 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. JlSHORT TITLEJI, This ordinance shall be known and may be cited as "The Comprehensive Solid Waste Ordinance of The Municipal Service District, Monroe County, FloridaJl. Section 2. JlDEFINITIONS " , 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 "BoardJl shall refer to the Board of County Commissioners of Monroe County, Florida. "BULKY ITEMS" Any tangible item such as furniture, appliances, -3- 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 nonOprofit 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, slaughterhouses or packing plants, condemned food products, agricultural -4- 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. -5- "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 II 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 WASTEll 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 llwaste" 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- fer and or dispose of solid waste within the District. "TRANSFER STATION" means a site and equipment designated -6- 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 the District is occupied or is capable of being occupied shall be -7- 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 payor 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 -8- 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 I, 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. Garbage collections for residential units shall be unlimited. Other solid waste and trash collections shall be limited to one-half (~) cubic-yard per residen- tial unit per week. Household white goods, discarded furniture, furnishings and equipment shall be picked up upon call to the respec- tive franchisee within ten (10) days. -9- 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. 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 unless placed in proper containers. 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 -LU- 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 family residential unit shall be considered as a single family residen- tial unit and shall be assessed as such. Section 24. Special assessments for residential units shall be billed on an annual basis and shall cover the twelve month period from January 1 through December 31 of that year. Payment of special 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. -11- 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 aating 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 hearing 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 collect~ by the Tax Collector in the same manner and time as County taxes and the / -12- 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 April 1, then the lien shall be fore the entire annual assessment for the service year. The second semi-annual payment shall be delinquent if not paid on or before August 1. A copy of such notice of lien shall also be mailed to the owner of the property involved as shown by the records of the County. Such notice of lien shall be filed in the Official Records maintained by the Clerk of the 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 l,for delinquencies in payment of the second semi-annual payment the special assessment lien for waste fees for the current twelve month period -13- 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 -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 carryon 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 , -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 I, 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 -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 be determined by the proprietor of each based on the size, location and circumstances, the volume of potential litter generated by said establishments, and the need for such signs caused by the nature and type of business and customers of such establishments. Failure on the part of the proprietor to provide such signs shall result in action 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- 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 (60) days. c. Upon a third conviction within a three year period 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 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 additioncto the mandatory fines above, and in lie~of imposing an additional fine and/or imprisonment, the Court in -18- 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 the -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. -20- 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. 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 the 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 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, PROHIBIT- 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- HIBITING ANY PERSON FROM ENGAGING IN SOLID WASTE COLLECTION EXCEPT THOSE LICENSED BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING METHOD FOR FIXING FRANCHISE COLLECTORS COMPENSATION; PROHIBITING LITTERING; REQUIRING ESTABLISHMENTS SERVING THE PUBLIC TO PROVIDE LITTER RECEPTACLES AND POST SIGNS NOTIFYING PUBLIC AGAINST VIOLA- TION 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, TRANS- PORTATION AND DISPOSAL OF GARBAGE AND TRASH, ETC. DATED at Key West, Florida, this 20th day of May, A.D. 1977. 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: 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 ~ttrtta11! af ~tatt STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 (904) 488-3918 BRUCE A. SMATHERS SECRET AAY OF STATE July 11, 1977 Honorable Ralph W. White Clerk of Circuit Court Monroe County Courthouse Key West, Florida 33040 Attention: Virginia Pinder, lliputy Clerk Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of July 7 and certi- fled copy of Monroe County Ordinance No. 77-10, which was received and filed in this office on July 11, 1977. Kindest regards. Cordially, /f0~cy ~tUoL (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws NK/mb