Chapter 118 - Solid Waste Chapter 118
SOLID WASTE*
Article 1. In General
Sec. 118-1. Imposition of fees for users of county solid waste disposal facili-
ties.
Secs. 118-2-118-25. Reserved.
Article II. Reserved
Secs. 118-26-118-55. Reserved.
Article III. Litter Control
Sec. 118-56. Title and citation.
Sec. 118-57. Definitions.
Sec. 118-58. Penalties.
Sec. 118-59. Findings and purpose.
Sec. 118-60. Applicability.
Sec. 118-61. Enforcement procedures.
Sec. 118-62. Litter declared a public nuisance.
Sec. 118-63. Unlawful to litter.
Sec. 118-64. Unauthorized accumulation of litter prohibited.
Sec. 118-65. Dumping or depositing of abandoned property prohibited.
Sec. 118-66. Storage of litter.
Secs. 118-67-118-85. Reserved.
Article IV. Collection and Disposal Municipal Service Benefit Units
Sec. 118-86. Definitions.
Sec. 118-87. Creation,purpose,and declaration of benefit.
Sec. 118-88. Governing body.
Sec. 118-89. Powers.
Sec. 118-90. Budget adoption.
Sec. 118-91. Trust fund.
Sec. 118-92. Prima facie evidence of accumulation of solid waste.
Sec. 118-93. Annual solid waste collection,disposal and administration spe-
cial assessment.
Sec. 118-94. Annual rate resolution.
Sec. 118-95. Certification of rate resolution.
Sec. 118-96. Solid waste collection,disposal and administration service charge
prior to initiation of annual special assessment.
Sec. 118-97. Scope of special assessment;delinquency;and liens.
Sec. 118-98. Payments.
Sec. 118-99. Correction of errors and omissions.
Sec. 118-100. Failure to include residential real property on annual solid waste
collection,disposal and administration special assessment roll.
Sec. 118-101. Enforcement of delinquent annual garbage and solid waste col-
lection,disposal and administration special assessments.
*Cross references-Environment,ch.54;transportation and disposal of sludge,§54-116 et seq.;health and sanitation,ch.66;
natural resources,ch.90;roads and bridges,ch. 110;utilities,ch. 134.
Land development code reference-Garbage dumpsters,§2.6.15.
Special act references-Special acts pertaining to solid waste,ch.258;garbage collection services,§270-26 et seq.
State law references-Authority to provide for waste collection and disposal, F.S. § 125.01(1)(k); Florida Litter Law, F.S.
§403.413;resource recovery and management,F.S.§403.702 et seq.
Supp.No.61 CD118:1
COLLIER COUNTY CODE
Sec. 118-102. Mandatory solid waste collection.
Sec. 118-103. Ownership of solid waste and program recyclables.
Sec. 118-104. Responsibilities of contractor and customer for solid waste collec-
tion.
Sec. 118-105. Termination of service by contractor.
Sec. 118-106. Self hauler exemption permits for commercial and residential
property; procedure for obtaining and revoking exemption per-
mits.
Sec. 118-107. Financial hardship deferments.
Sec. 118-108. Penalties.
Secs. 118-109-118-130. Reserved.
Article V. Recycling Program
Sec. 118-131. Intent and purpose.
Sec. 118-132. Title and citation.
Sec. 118-133. Applicability.
Sec. 118-134. Construction and interpretation.
Sec. 118-135. Definitions.
Sec. 118-136. Designation of recyclable materials.
Sec. 118-137. Minimum standards for recycling on non-residential property.
Sec. 118-138. Minimum standards for recycling on multi-family property.
Sec. 118-139. Minimum standards for recycling at temporary events.
Sec. 118-140. Minimum standards for recycling at venue facilities.
Sec. 118-141. Exemptions from recycling standards.
Sec. 118-142. Extraordinary and innovative recycling.
Sec. 118-143. Awards program for recycling on non-residential property,multi-
family property,temporary events and at venue facilities.
Sec. 118-144. Recycling education and promotion program.
Sec. 118-145. Evaluation of non-residential,multi-family,temporary event,and
venue facility recycling programs.
Sec. 118-146. Recycling service agreements.
Sec. 118-147. Temporary event, and venue facility collection service agree-
ments.
Sec. 118-148. Standards for recycling contractors.
Sec. 118-149. Self-hauling.
Sec. 118-150. County recycling centers and hazardous waste collections.
Sec. 118-151. Variances.
Sec. 118-152. Inspections,enforcement and penalties.
Sec. 118-153. Conflict and severability.
Sec. 118-154. Inclusion in the County's Code of Laws and Ordinances.
Sec. 118-155. Effective date.
Supp.No.61 CD118:2
SOLID WASTE § 118-1
ARTICLE I. IN GENERAL (3) Landfill fee means the fee to be assessed
at the county's landfill sites based on the
Sec. 118-1. Imposition of fees for users of amount of solid waste to be disposed.
county solid waste disposal facil- (4) Landfill site means any county-owned and
ities. -operated facility for the disposal of solid
(a) Legislative findings.The board hereby finds waste.
that it is necessary to establish and impose user (5) Reef and marine development means ma-
fees to finance the activities of the solid waste rine facilities owned and operated to pro-
department,including transfer stations, sanitary vide for disposal of inert wastes for the
landfills, and reef and marine development,to be purpose of constructing artificial reefs.
charged to all users who deposit solid waste at
these facilities. (6) Residential customer means,as defined in
the franchise agreements, any residential
(b) Established. The specific fees for utilization customer of the franchise hauler for bill-
of all solid waste facilities by all users shall be ing purposes.
established by an annual resolution of the board (7) Residential disposal fee means a fee col-
of county commissioners. lected by franchise haulers from regu-
(c) Definitions. lated residential customers based on an
estimated average tonnage of solid waste
(1) Commercial hauler means any person per residential customer to be disposed of
which engages in one or more of the at the landfill sites.
following activities: (8) Solid waste means garbage, rubbish, re-
, a. The transport and disposal of waste fuse and other discarded solid or semi-
materials of another where a fee, solid materials resulting from domestic,
direct or indirect,is charged for such industrial, commercial, agricultural and
service. governmental operations, but does not
b. The transport of waste materials include solids or dissolved material in
which originate from a commercial domestic sewage or other significant pol-
establishment.This shall include the lutants in water resources such as silt,
transportation of waste materials by dissolved or suspended solids, industrial
any owner, proprietor, agent or em waste water effluents,dissolved materials
ployee of any commercial establish in irrigation return flows, or other com-
ment who transports such materials mon water pollutants.
for or on behalf of such commercial (9) Transfer stations means any manned coun-
establishment. ty-owned and -operated facility which re-
c. The performance of any service,trade ceives solid waste from users in order to
or work in the course of which waste transport said solid waste into county
materials are generated and which landfill sites for disposal. A transfer sta-
are transported as part of the ser tion may be located at the entrance to a
vice,trade or work performed,includ-
ing but not limited to such activities (10) Transfer station fee means the fee to be
as lawn maintenance and landscap- assessed at the transfer station sites based
ing, and construction activities. on the amount of solid waste to be trans-
(2) Franchise hauler means any commercial Ported into the landfill sites.
entity which enjoys the exclusive right (11) User means any person,public or private,
through franchise agreement with the residing in or conducting a business in the
county for the removal, collection and county and who deposits solid waste at
disposal of solid waste. county solid waste facilities.
Supp.No.52 CD118:3
118-1 COLLIER COUNTY CODE
(d) Charges by franchise haulers. Franchise ilar article which has no value other than nominal
haulers shall charge their residential customers, salvage value, if any, and which has been left
whose rates are regulated by the county, a resi- abandoned and unprotected from the elements.
dential disposal fee. This residential disposal fee
shall be used to pay for the disposal of residential Litter means any discarded, used or uncon
wastes at county disposal facilities.The franchise sumed substance or wastes. Litter may include
haulers shall pay for the disposal of residential but is not limited to garbage,trash,refuse,debris,
wastes monthly. The amount of the residential rubbish, grass clippings or other lawn or garden
disposal fee for regulated customers shall be waste,newspapers,magazines,glass,metal,plas-
established by resolution of the board of county tic or paper containers, or other packaging, con
commissioners annually. struction material, motor vehicle parts and tires,
(Ord. No. 82-14, §§ 1-3; Ord. No. 82-84, §§A, B; furniture, oil or grease, the carcass of a dead
Ord. No. 84-31, §§ 2-5) animal, any obnoxious or offensive matter of any
kind, any object likely to injure any person or
create a traffic or pedestrian hazard, or anything
Secs. 118-2-118-25. Reserved. else of any unsightly nature, which has been
discarded, abandoned or otherwise disposed of
ARTICLE II. RESERVED* improperly.
Person means any natural person,partnership,
Secs. 118-26-118-55. Reserved. firm, corporation, company,business, institution,
owner, agent, tenant, occupant or any other en-
ARTICLE III. LITTER CONTROL tity.
I'
Storage means the interim containment of lit-
L Sec. 118-56. Title and citation. ter, in an approved manner, after generation of
such litter and prior to proper and final disposal.
This article shall be known and may be cited as
the "Collier County Litter Control Ordinance." Unauthorized accumulation means the accu-
(Ord. No. 88-45, § 2) mulation of litter on any residential or commer-
cial properties which is not contained within
Sec. 118-57. Definitions. containers or receptacles provided for litter or is
not otherwise permitted or authorized by the
The following words,terms and phrases,when county ordinance. This shall not include building
used in this article, shall have the meanings materials used in constructing or repairing a
ascribed to them in this section,except where the building which are stored at the site of such
context clearly indicates a different meaning: building.
Abandoned property means any wrecked or Written corrective notices means a written state-
derelict property having no value other than ment issued to the violator of this article or to his
nominal salvage value, if any, which has been agent identifying and specifying the violation,
abandoned and unprotected from the elements, date and time of issuance,corrective measures to
and shall include wrecked, inoperative or par- be taken, and date and time correction is to be
tially dismantled motor vehicles, trailers, boats, completed.
machinery, refrigerators, washing machines, (Ord. No. 88-45, § 4)
plumbing fixtures, furniture, and any other sim- Cross reference—Definitions generally,§1-2.
*Editor's note—Ord. No. 2013-62, § 1, adopted Nov. 12, Sec. 118-58. Penalties.
2013,repealed Art.II,§§118-26-118-34 entitled"Solid Waste
Management Advisory Committee",which derived from:Ord. (a) If any person fails or refuses to obey or
No.88-36,§§1-9.
tCross reference—Litter, weeds, debris and plant con- comply with or violates any of the provisions of
trol,§54-176 et seq. this article, such person, upon conviction of such
State law reference—Litter control,F.S.§403.413 et seq. offense, shall be guilty of a misdemeanor and
ar
Supp.No.52 CD118:4
SOLID WASTE § 118-61
shall be punished by a fine not to exceed $500.00 (b) It is therefore the purpose of this article to
or by imprisonment not to exceed 60 days in the bring about public awareness of the litter problem
county jail, or both,in the discretion of the court. and to initiate and enforce a litter control pro-
Each violation or noncompliance shall be consid- gram.
ered a separate and distinct offense.Further,each (Ord. No. 88-45, § 1)
day of continued violation or noncompliance shall
be considered as a separate offense.
Sec. 118-60. Applicability.
(b) Nothing herein contained shall prevent or
restrict the county from taking such other lawful This article shall apply to and be enforced in all
action in any court of competent jurisdiction as is unincorporated areas of the county.
necessary to prevent or remedy any violation or (Ord. No. 88-45, § 3)
noncompliance. Such other lawful actions shall
include but shall not be limited to an equitable Sec. 118-61. Enforcement procedures.
action for injunctive relief or an action at law for
damages. (a) Agents of the county code enforcement de-
(c) Nothing in this section shall be construed partment and public works department are hereby
to prohibit the county from prosecuting any vio- empowered to issue written corrective notices to
lation of this article by means of a code enforce- any person violating the provisions of this article.
ment board established pursuant to the authority
of F.S. ch. 162. (b) Written corrective notices issued to viola-
tors of this article shall state the date and time
(d) All remedies and penalties provided for in issued, nature of the offense committed, correc-
this section shall be cumulative and indepen-
dentlytive measures to be taken, and the date and time
available to the county, and the county on or before which such corrections shall be made.
shall be authorized to pursue any and all reme- In the event the agent issuing the written correc-
dies set forth in this section to the full extent tive notice has reason to believe a violation pres-
allowed by law. ents a serious threat to the public health, safety
(Ord. No. 88-45, § 11) or welfare of the public or that the violation is of
State law reference—Penalty for ordinance violations, such a nature as to require immediate correction,
F.S.§125.69. the violator may be required by the notice to
effectuate immediate corrective measures upon
Sec. 118-59. Findings and purpose. receipt of the notice. The time period allowed for
(a) The board of county commissioners does taking corrective measures shall not exceed 30
hereby make the following findings: days.All such notices issued shall be maintained
by the issuing authority for public inspections
(1) The careless discarding on public and during normal office hours. Notices mailed to the
private property of paper,wrappings,bot- violator's last-known place of residence by certi-
tles, cans, litter and waste of every con- fled mail,return receipt requested,shall be deemed
ceivable kind is unsightly, dirty, offensive personal service upon the person, for the purpose
and a cause of civic disgrace; of this article.
(2) Litter is a fire, health and safety hazard; (c) Any person who has been served such no-
(3) Litter has an injurious effect on property tice in accordance with the provisions of this
values, destroys community pride and article, and who shall neglect or shall refuse or
makes the county a less desirable place in shall fail to fully comply with the corrective
which to live; and notices so ordered and/or to comply within the
time frame so ordered therein, shall be in viola-
(4) Combating litter is a costly waste of money, tion of this article.
. personnel and material. (Ord. No. 88-45, § 10)
Supp.No.61 CD118:5
§118-62 COLLIER COUNTY CODE
Sec. 118-62. Litter declared a public nui- business enterprise, all abandoned property shall
sance. be screened so that it is not visible from any
The unauthorized and improper dumping, ac public right-of-way or from any property used for
cumulation or storage of litter or abandoned prop residential purposes. It shall be unlawful to en-
erty on public or private property is hereby de- gage in or permit the dumping,storing,placing or
Glared to be a public nuisance. depositing of abandoned property in any residen-
(Ord. No. 88-45, § 5) tial area unless such abandoned property is kept
in a completely enclosed building.
Sec. 118-63. Unlawful to litter. (Ord. No. 88-45, § 8)
It shall be unlawful for any person to throw, Sec. 118-66. Storage of litter.
discard, place, drop or deposit litter in any man-
ner or amount in or upon any public property, (a) All commercial establishments shall store
private property, highway, street, right-of-way or their litter in containers so as to eliminate wind-
body of water within the unincorporated areas of driven debris and unsightly litter in and about
the county, except in areas and containers pro- their establishments. The number and size of
vided and designated for the disposal of litter. In containers necessary for each commercial estab-
any case where litter is ejected or discarded from lishment shall be that number required to main-
a motor vehicle,except at approved and permitted tam clean, neat and sanitary premises. Spillage
disposal sites, the operator of the motor vehicle and overflow around containers shall immedi-
shall be deemed in violation of this article. ately be cleaned up as it occurs.
(Ord. No. 88-45, § 6)
(b) All loading and unloading zones at commer-
cial establishments shall be provided with litter
�./ litter prohibited. receptacles by the owner of the business to store
loose debris,paper,cardboard, packaging materi-
Any unauthorized accumulation of litter on als, and similar materials.
any property, vacant or improved, or on or upon
any public street, alley or other public or private (c) Any and every person owning or operating
place is a violation of this article. Any property any public establishment or public place shall
owner,tenant,occupant,agent, manager or other provide receptacles adequate to contain litter
person who owns, maintains, or controls private generated from such establishment.
improved or unimproved property is hereby de- (d) Any and every person in possession, or in
Glared to be in violation of this article where any charge or in control of any place,public or private,
such unauthorized accumulation of litter is main- where litter is accumulated or generated shall
tained or is allowed to remain on such property. provide and at all times maintain said litter in
(Ord. No. 88-45, § 7) adequate and suitable receptacles and/or contain-
ers capable of holding such materials until proper
Sec. 118-65. Dumping or depositing of aban- final disposal is accomplished.
doned property prohibited.
It shall be unlawful for any person to engage in (e) All construction and demolition contrac
or permit the dumping, storing,placing or depos tors,owners or agents shall provide on site recep-
iting of abandoned property on any real property, tacles for loose debris,papers,building materials
street or highway; provided, however, that aban- wastes, scrap building materials, and other litter
doned property kept in a completely enclosed products to prevent wind-driven scattering of
building or a business enterprise which is law- such materials if the materials are otherwise not
fully licensed and zoned for depositing and stor- properly disposed of on a daily basis.
ing of abandoned property shall be an exception to (Ord. No. 88-45, § 9)
this provision. If abandoned property is kept or
stored in connection with a lawfully licensed Secs. 118-67-118-85. Reserved.
Supp.No.61 CD118:6
SOLID WASTE § 118-86
ARTICLE IV. COLLECTION AND (b) absorbent materials saturated with
DISPOSAL MUNICIPAL SERVICE blood or blood products that have
BENEFIT UNITS* dried; and
Sec. 118-86. Definitions. (c) non-absorbent, disposable devices
A. For the purposes of this Ordinance, the that have been contaminated with
definitions contained in this Section 1 (§ 118-86) blood,or body fluids or secretions or
shall apply unless otherwise specifically stated. excretions visibly contaminated with
When not inconsistent to the context,words used blood, if the devices have not been
in the present tense include the future,words in treated by an approved method.
the plural number include the singular, and 5. Board:The Board of County Commission-
words in the singular number include the plural. ers of Collier County, Florida, or the
The word "shall" is always mandatory and not Board's designee.
merely discretionary.
6. Bulk Waste:Any large discarded household
1. Assessment Roll: The list that identifies item that cannot be placed in a Curbside
all of the taxable real property in Collier Container because of its size, volume,
County, as described in Section 8 of this shape or weight. Bulk Waste includes,
Ordinance (§ 118-93). but is not limited to, sofas, tables, sinks,
2. Benefit Unit:Each of the two(2)municipal toilets, other fixtures, furniture, ladders
service benefit units established and carpet. Bulk Waste does not include
hereunder. White Goods, Electronic Equipment or
3. Biological Waste:Those wastes that cause Extraordinary Waste.
or have the capability of causing disease 7. Certificate of Occupancy, or Certificate of
or infection including, but not limited to, Completion: A document issued by the
Biomedical Waste, diseased or dead County certifying that a newly constructed
animals, and other wastes capable of building has been constructed in compli-
transmitting pathogens to humans or ance with County specifications and is
animals. This term does not include suitable for use.
human remains that are disposed of by
Persons licensed under F.S. ch. 470. 8. Clerk: The Clerk of the Circuit Court of
4. Biomedical Waste: Any solid or liquid Collier County, Florida, acting as the
waste which may present a threat of Clerk of the Board,or the Clerk's designee.
infection to humans, including non- 9. Collection: The process of picking
liquid tissue, body parts, blood, blood u a
transporting, l
and dropping off Residential
products, and body fluids from humans Waste and Commercial Waste at the
and other primates; laboratory and Designated Sites; or the process of pick-
veterinary wastes which contain human ing up, transporting, and dropping off
disease-causing agents; and discarded Exempt Materials at a licensed disposal
sharps. The following are also included: site or Recycling Facility.
(a) used absorbent materials saturated
10. Collection Container: Any container
with blood, blood products, body
fluids, or excretions or secretions approved by the Manager for storage and
contaminated with visible blood; collection of Solid Waste.
11. Collection Service: Residential Curbside
*Editor's note—Ord.No.2005-54,§25,adopted Oct. 11, and Non-curbside Collection Service
2005, repealed art. IV, §§ 118-86-118-98, 118-111-118-
120,in its entirety.Formerly,said article pertained to similar and/or Commercial Collection Service.
subject matter. Sections 1-22 of provided for a new art. IV 12. Commercial Bear Resistant Solid Waste
to read as herein set out.See the Code Comparative Table for
a detailed analysis of inclusion. Container: A commercial solid waste
Cross reference—Special districts,ch. 122. container with a reinforced lid and latch-
`" Supp. No. 85 CD118:7
§ 118-86 COLLIER COUNTY CODE
ing mechanism, or other County-ap- effective January 1, 1997, except as
proved method that prevents access to provided in F.S. § 403.707(12)(i),
the contents by bears. unpainted,non-treated wood scraps from
12.5. Commercial Container:A dumpster,roll- facilities manufacturing materials used
off container,compactor,or other container, for construction of structures of their
that is approved by the Manager for the components and unpainted, non-treated
collection of Solid Waste or Recyclable wood pallets, provided the wood scraps
Materials from commercial Customers. and pallets are separated from other
Commercial containers used for garbage solid waste where generated and the
or recycling shall have lids which remain generator of such wood scraps or pallets
closed except when materials are being implements reasonable practices of
deposited. generating industry necessary to minimize
the commingling of wood scraps or pal-
13. Commercial Real Property:Real property lets with other solid waste; and de mini-
that is located in a Benefit Unit and not mis amounts of other non-hazardous
classified as Residential Real Property. wastes that are generated at construc-
Commercial Real Property includes tion or demolition projects,provided such
property used primarily for: (a) corn- amounts are consistent with best manage-
mercial purposes, such as hotels, motels, ment practices of the construction and
stores,restaurants,theaters, service sta- demolition industries. Mixing of construc-
tions, agriculture, horticulture, and tion and demolition debris with other
recreational vehicle parks;(b)institutional types of solid waste will cause it to be
purposes, such as governmental offices, classified as other than construction and
churches, hospitals, and schools; and (c) demolition debris.
not-for-profit organizations. Commercial
Real Property shall not include corn- 15. Contractor: The Person(s) authorized by
mercially zoned property that is used the County to collect and transport Solid
primarily for residential purposes. Vacant Waste in a Service District pursuant to a
land, not classified as Improved Real Service Agreement.
Property, shall be deemed Commercial
Real Property. 16. Curbside:A location within three(3)feet
of the curb, pavement, or edge of the
14. Construction and Demolition (C&D)
nearest street. If this location is in a
Debris: Discarded materials generally drainage ditch, Curbside shall mean a
considered to be not water soluble and location adjacent to the Customer's
non-hazardous in nature, including, but driveway, as close as possible to the
not limited to,steel,glass,brick,concrete, nearest roadway.
asphalt roofing material, pipe, gypsum
wallboard,and lumber,from the construc- 16.5. Curbside Bear-Resistant Solid Waste
tion or destruction of a structure, as part Container:A solid waste container with a
of a construction or demolition project,or reinforced lid and a latching mechanism
renovation of a structure, and including or other County-approved method that
such debris from construction of structures prevents access to the contents by bears.
at a site remote from the construction or
demolition project site. The term includes 17. Curbside Container:(a)a metal or plastic
rocks,soils,tree remains,trees,and other container with a tight fitting lid, with
vegetative matter that normally results two handles on the sides,with or without
from land clearing or land development wheels,used for the collection of Garbage
operations for a construction project and and Rubbish;and(b)a heavy duty plastic
clean cardboard,paper,plastic,wood and bag sufficient in strength for handling by
metal scraps from a construction project, the Contractor, used to contain excess
Supp. No. 85 CD118:8
SOLID WASTE § 118-86
garbage and rubbish,provided the bag is attendant with or results from the stor-
closed and unbroken at the time of collec- age, preparation, cooking, or handling of
tion. food materials.
18. Customer: Any Person that uses a 25. Garbage Roll Cart: A heavy-duty plastic
Contractor's services for the collection of container that is mounted on two wheels,
Solid Waste, as provided by this complies with the specifications
Ordinance. established by the Manager, and is used
for the collection of Garbage and Rub-
19. Division:The Collier County Public Utili- bish.
ties Department, Financial Operations 26. Hazardous Waste: Solid Waste, or a
Division or the County division to which combination of Solid Wastes, which,
the Manager assigns the responsibility of because of its quantity, concentration, or
administering this Ordinance. physical, chemical, or infectious
20. Dwelling Unit:A room or rooms constitut characteristics,may cause,or significantly
ing a separate, independent establish- contribute to, an increase in mortality or
ment with cooking facilities/kitchen, a an increase in serious irreversible or
separate entrance, and bathroom facili- incapacitating reversible illness or may
ties, and physically separated by a wall pose a substantial present or potential
or a door from any other rooms or Dwell- hazard to human health or the environ-
ing Units which may be in the same ment when improperly transported,
structure or in separate structures. A disposed of, stored, treated, or otherwise
hotel or motel room is not a Dwelling managed. Hazardous Waste includes any
Unit. material or substance identified as a
Hazardous Waste or hazardous substance
21. Electronic Equipment:Electronic devices in the Florida Administrative Code,
that have been discarded, including, but Florida Statutes, or other applicable law.
not limited to,computers,monitors,televi- 27. Holiday: Independence Day, Thanksgiv-
sions, cathode ray tubes, printers, scan- ing Day, Christmas Day, and any other
ners, fax machines, game machines and day so designated by the Board of County
telephones. Commissioners.
22. Exemption Permit: The County's 28. Improved Real Property: Any cleared,
authorization for a Person, other than a graded or drained real property upon
Contractor, to collect, transport and which a building or structure is erected
dispose of Solid Waste, as provided in and occupied or capable of being occupied
Section 21 of this Ordinance (§ 118-106). (i.e., a County Certificate of Occupancy
has been issued) for residential, com-
23. Extraordinary Wastes:Wastes that require mercial, institutional or industrial use.
extraordinary management,including,but Improved Real Property includes but is
not limited to: abandoned automobiles; not limited to, recreational vehicle park-
boats; tree trunks greater than four (4) ing lots contained within parks designated
feet in length,four(4)inches in diameter as mobile home parks by the County
and fifty (50) pounds in weight; dead Health Department.
animals; agricultural and industrial
wastes; Biomedical Waste; Biological 29. Land Clearing Debris:Means rocks,soils,
Waste; Radioactive Waste; and Hazard- tree remains, trees and other vegetative
ous Waste. matter which normally results from land
clearing or land development operations
24. Garbage:All kitchen and table food waste, for a construction project. Land Clearing
and animal or vegetative waste that is debris does not include vegetative matter
Supp. No. 85 CD118:9
§ 118-86 COLLIER COUNTY CODE
from lawn maintenance, farming opera- 38. Program Recyclables: Recyclable Materi-
tions, nursery operations, or any other als that have been designated by the
source not related directly to a construc- Board for collection from residential and/or
tion project. commercial Customers, and are
30. Manager:The County Manager of Collier
segregated from other materials in the
County, Florida, or the Manager's waste stream.
designee. 39. Radioactive Waste: Any equipment or
31. Multi-Family Residence:A group of three materials that are radioactive or have
or more Dwelling Units within a single radioactive contamination, and are
building, attached side-by-side or one required by law to be stored, treated, or
above another, wherein each Dwelling disposed of as radioactive waste.
Unit may be individually owned or leased 40. Rate Resolution:A resolution adopted by
on land which is under common or single the Board under the provisions of Section
ownership. 9(§ 118-94)of this Ordinance and Collier
32. Non-Collection Notice: A durable tag or County Ordinance No. 84-31, establish-
sticker used to notify a Customer that ing: (a) the annual Special Assessments
the Customer's container or waste mate- to be imposed upon the owners of
rial has not been set out in compliance Residential Real Property in the Benefit
with the requirements of this Ordinance. Units for the forthcoming fiscal year
(October 1 through September 30 of the
33. Non-Conforming Residential Waste: Any following year); (b) the rates, fees and
non-recyclable material that is set out charges for the collection of Solid Waste
for collection in a specified container that by the Contractor(s) from Commercial
is not in accordance with the require- Real Property;and(c)the rates,fees and
ments of this ordinance. charges for the disposal of Solid Waste at
34. Non-Program Recyclables: Recyclable the County authorized Solid Waste
Materials that are not Program management facilities.
Recyclables,but are segregated from other 41. Recovered Materials:Metal,paper, glass,
materials in the waste stream. plastic, textile, or rubber materials that
35. Person: Any and all persons, natural or have known recycling potential, can be
artificial, including any individual, firm, feasibly recycled, and have been diverted
partnership, joint venture, or other and source separated or have been
association, however organized; any removed from the waste stream for sale,
municipal or private corporation organized use, or reuse as raw materials, whether
or existing under the laws of the State of or not the materials require subsequent
Florida or any other state;any county or processing or separation from each other,
municipality; and any governmental but does not include materials destined
agency of any state or the federal govern- for any use that constitutes disposal.
ment. Recovered Materials as described above
are not Solid Waste. Recovered Material
36. Primary Service: The type of service does not include any material or substance
regarded as the primary service to any that does not fit within one of the six
property that consists of mixed residential categories described in this definition
and commercial customers. (metal, paper, glass, plastic, textile, or
rubber).
37. Private Hauler: Any person and or
enterprise engaged in the private busi- 42. Recyclable Materials: Materials which
ness of collecting and transporting Com- are capable of being recycled and which
mercial Recyclables. would otherwise be processed or disposed
Supp. No. 85 CD118:10
SOLID WASTE § 118-86
of as Solid Waste. This term encompasses whether occupied or not; and premises
Program Recyclables and Non-Program occupied as a residence located in or
Recyclables. upon commercially zoned real property;
43. Recycling Bin: An eighteen (18) gallon provided, however, that where property
green bin or similar container that is is used exclusively as a recreational
approved by the Manager and used for vehicle park, as defined in F.S.
the collection of Program Recyclables. § 513.01(10), such property shall be
deemed Commercial Real Property.
44. Recycling Roll Cart:A heavy-duty plastic 49. Roll Cart:A heavy-duty plastic container
container that is mounted on two wheels, �'3'- y
has a yellow lid and complies with the that is mounted on two wheels and
specifications established by the Manager, complies with the specifications
and is used for the collection of Recyclable established by the Manager.
Materials. 50. Rubbish: Waste materials, other than
45. Residential Customer: A Person who Garbage, resulting from normal
occupies Residential Real Property located housekeeping activities on Residential
within a County established municipal Real Property and Commercial Real
service benefit unit and who receives Property. Rubbish includes but is not
Residential Curbside Collection Service limited to,discarded trash,and recyclables
or Residential Non-Curbside Collection such as paper, plastic, bottles, cans and
Service. similar materials.
46. Residential Non-Curbside Collection 51. Self Hauler: Any owner, occupier, or
Service:The collection of residential Waste authorized agent of Real Property
from Residential Customers who occupy approved by the Manager to remove Solid
a Multi-Family Residence and who do Waste generated on their own premises.
not receive Residential Curbside Collec- The owner of multiple properties may
tion Service. service all such properties.
47. Residential Non Curbside Collection 52. Service Agreement:An agreement between
Service Exemption: The collection of the County and a Contractor providing
Residential Waste from Residential an exclusive franchise for the collection
of Solid Waste in a Service District.
Customers who occupy a Multi-Family
Residence or single family residence and 53. Service District: The area served by a
who are not exempted from the special Contractor pursuant to a Service Agree-
assessment and do not receive Residential ment.
Curbside Service due to temporary or
permanent site conditions which prevent 54. Service Year: Twelve (12) consecutive
ingress and/or egress of collection vehicles. months, beginning on October 1 and
ending on September 30 of the following
48. Residential Real Property:Improved Real year.
Property that is located in a Benefit Unit
and used for residential purposes,includ- 55. Sludge:The accumulated solids,residues,
ing, but not limited to: Dwelling Units; and precipitates generated as a result of
single family residences; duplex apart- waste treatment or processing,including
ments;apartment buildings;recreational wastewater treatment,water supply treat-
vehicle lots; mobile homes lots; ment, or operation of an air pollution
condominium units; cooperatives control facility, and mixed liquids and
established pursuant to F.S. ch. 719; solids pumped from septic tanks, grease
time-share apartments;leased residential traps, privies, or similar waste disposal
premises of the classes described above, appurtenances.
Supp. No. 85 CD118:11
Shur § 118-86 COLLIER COUNTY CODE
56. Solid Waste: Sludge unregulated under 62. Trust Fund: The Solid Waste Special
the federal Clean Water Act or Clean Air Assessment Trust Fund established by
Act,Sludge from a waste treatment works, Section 6 of this Ordinance (§ 118-91).
water supply treatment plant, or air
pollution control facility,or Garbage,Rub- 63. White Goods: Large discarded appli-
bish, refuse, Special Waste, or other ances, including but not limited to,
discarded material,including solid,liquid, refrigerators,ranges,washing machines,
semi-solid, or contained gaseous mate- clothes dryers, water heaters, freezers
rial resulting from domestic, industrial, and air conditioners or similar domestic
commercial, mining, agricultural or and commercial large appliances.
governmental operations. Solid Waste 64. Yard Trash'Biomass: Vegetative matter
includes but is not limited to, Biological resulting from landscaping maintenance,
Waste, Biomedical Waste, Bulk Waste, including, but not limited to, shrub and
C&D Debris, Electronic Equipment,
Garbage, Hazardous Waste, Land Clear- tree trimmings, grass clippings, palm
ing Debris,Radioactive Waste,Recyclable fronds, branches and stump. However,
Materials (until they are recycled), Rub- such items shall not be considered Yard
bish, Special Waste, Tires, White Goods Trash/Biomass if they are collected by a
and Yard Trash/Biomass. commercial landscape company or other
Person that provides lawn and garden
57. Special Assessment: The non-ad valorem maintenance services for remuneration.
assessment that is levied upon certain
real property in unincorporated Collier 65. Yard Trash I Biomass Container: (a) A
County and used to provide funding for metal or plastic container, with two
the County's Solid Waste management handles, with or without wheels, with a
program. capacity not to exceed forty-five(45)gal-
lons, designed by the manufacturer for
58. Special Assessment Roll: The list that is the purpose of containing solid waste;(b)
prepared pursuant to Section 10 (§ 118- A paper sack designed by the
95) of this Ordinance and identifies the manufacturer for the purpose of contain-
properties in the Benefit Units that are ing yard trash/biomass. All Yard Trash/
subject to the Special Assessments. Biomass containers are subject to the
59. Special Events: Special Events are those approval of the Manager.
events requiring a Temporary Use Permit,
the issuance of which subjects the B. Pursuant to F.S. § 403.7031, the defini-
applicant to enter into a contract with tions in this Section 1 (§ 118-86) are intended to
the County's designated contractor for be consistent with the definitions contained in
garbage collection and the submission of F.S. § 403.703.
a recycling plan for the duration of the (Ord. No. 2005-54, § 1; Ord. No. 2015-38, § 1;
event. Ord. No. 2019-36, § 1)
60. Special Waste: Solid Waste that can
require special handling and manage- Sec. 118-87. Creation,purpose,and declara-
ment,including,but not limited to,White tion of benefit.
Goods, Tires, used oil, lead-acid batter- By Ordinance No. 90-30,the county established
ies,C&D Debris,ash residue,Yard Trash/ two municipal service benefit units pursuant to
Biomass, Biological Waste, Hazardous the authority granted in F.S. ch. 125. The benefit
Waste, and Biomedical Waste. units are hereby re-established. The benefit
61. Tires:Discarded automotive tires,includ- units shall be known as Service District No. I,
ing rims, but excluding tires that exceed and Service District No. II, respectively. Each
33 inches in diameter. benefit unit shall consist of a specific portion of
Supp. No. 85 CD118:12
SOLID WASTE § 118-87
the unincorporated area of Collier County. The
two benefit units are described more particularly
as follows:
MUNICIPAL SERVICE BENEFIT UNIT,
SERVICE DISTRICT NO. I
Beginning at the intersection of the North line
of Section 6, Township 48 South, Range 25
East also known as the Lee-Collier County
line and the eastern shoreline of the Gulf of
Mexico;thence easterly along said Lee-Collier
County line to the northeast corner of Section
12,Township 48 South,Range 26 East;thence
north along the east line of Range 26 East,
Township 48 South to the northwest corner of
Section 6, Township 48 South,Range 27 East,
thence east along the north line of Sections 6,
5, 4, 3, 2 and 1 of Township 47 South, Range
27 East to the northwest corner of Section 1,
Township 48 South, Range 27 East; thence
Supp. No. 85 CD118:12.1
SOLID WASTE §118-87
north along the range line of Ranges 27 and 28 thence north along the Collier-Lee County line
East to the northwest corner of Section 30, also the range line to the northwest corner of
Township 47 South,Range 28 East,also known Township 46 South,Range 28 East;thence east
as the center line of Immokalee Road(CR 846); along the Collier-Hendry County line also the
thence east along the north section lines of township line for Townships 45 and 46 South to
Sections 30, 29, 28, 27, 26 and 25 of Township the northeast corner of Township 46 South,
47 South, Range 28 East to the northeast Range 30 East;thence south along the Collier-
corner of Section 25,Township 47 South,Range Hendry County line also the range line of
28 East; thence south along the range line for Ranges 30 and 31 East to the southeast corner
Ranges 28 and 29 East to the northeast corner of Township 48 South, Range 30 East; thence
of Township 49 South and Range 28 East; west along the township line for Townships 48
thence east along the township line for Town- and 49 South to the southwest corner of Town-
ships 48 and 49 South to the northeast corner ship 48 South, Range 29 East; thence north
of Township 49 South and Range 30 East; along range line for Ranges 28 and 29 East to
thence south along the range line for Ranges 30 the southwest corner of Section 19, Township
and 31 East to the northeast corner of Town- 47 South, Range 29 East; also being known as
ship 52 South and Range 30 East; thence east the center line of Immokalee Road (CR 846);
along the township line for Townships 51 and thence west along the south line of Sections 24,
52 South to the northeast corner of Township 23, 22, 21, 20 and 19 of Township 47 South,
52 South and Range 31 East; thence south Range 28 East to the southeast corner of Sec-
along the range line for Ranges 31 and 32 East tion 24, Township 47 South, Range 27 East;
to the northeast corner of Township 53 South thence south along the range line for Ranges 27
and Range 31 East; thence east along the and 28 East to the southeast corner of Town-
township line of Townships 52 and 53 South to ship 47 South, Range 27 East; thence west
the northeast corner of Township 53 South and along the township line for Townships 47 and
Range 34 East,also being known as the Collier- 48 South to the southwest corner of Township
Miami-Dade County line; thence south along 47 South and Range 27 East; thence north
said county line to the southeast corner of along the range lines for Ranges 26 and 27
Section 36,Township 53 South,Range 34 East, East to the northwest corner of Township 47
also being known as the Collier-Monroe County South, Range 27 East, being the Point of Be-
line; thence west along said county line to the ginning.
eastern shoreline of the Gulf of Mexico;thence
westerly and northerly along the waters of the These two benefit units were created by Ordi-
Gulf of Mexico to the Lee-Collier County line nance 90-30 and are hereby re-established,
being the north line of Section 6, Township 48 subject to the revised legal descriptions pro-
South, Range 25 East and being the Point of vided above, for the purpose of(a) protecting
Beginning. Less and except all the lands to the health, safety and welfare of the residents
cated within the corporate limits of the City of of the county and (b) providing for the collet
Naples.Also,less and except all coastal barrier tion,disposal and administration of solid waste
islands, as defined by Section 161.54(2), Flor- through the levy of the special assessments
ida Statutes,that are not accessible by bridges against residential real property.
or causeways.
The board finds that commercial real property
MUNICIPAL SERVICE BENEFIT UNIT, SER- has varying needs for solid waste collection,
VICE DISTRICT NO. II disposal and administration services and,there-
fore, commercial real property shall not be
Beginning at the northwest corner of Township made the subject of the special assessments.
47 South, Range 27 East, Collier County,Flor- However, in order to provide for the public
ida; thence east along the Collier-Lee County health, safety and welfare within the benefit
line also the township line to the northeast units, it is necessary to provide adequate solid
corner of Township 47 South, Range 27 East; waste collection, disposal and administration
Supp.No. 61 CD118:13
§ 118-87 COLLIER COUNTY CODE
services to commercial real property through person or corporation, for the furnishing
the use of one or more contractors.Accordingly, of solid waste collection, disposal and ad-
the board shall provide for such solid waste ministration services within the benefit
services and shall annually regulate the rates, units or for any matter proper for the
fees and charges assessed by the contractor(s) effectuation of the purposes of the benefit
for the services provided to commercial real units.
property.
(4) To make and adopt resolutions,rules and
The board hereby declares and determines regulations governing the collection, dis-
that:(a)the solid waste collection,disposal and posal and administration of solid waste
administration services provided pursuant to and recyclable materials within the ben-
this article shall and do constitute a benefit to efit units for the purpose of providing the
all properties within the benefit units equal to most economical means of solid waste
or in excess of the cost of providing such solid collection, disposal and administration,
waste services;(b)the residential real property and for the purpose of protecting the
in the service districts receives a special benefit health,welfare and safety of the residents
from the solid waste services that are provided of the benefit units.
to the residential real property as a result of (5) To borrow and expend money and issue
the special assessments; and (c) the special bonds and revenue certificates and other
assessments are fairly and reasonably appor- obligations of indebtedness in such man
tinned among the parcels of residential real ner and subject to such limitations as may
property that receive the special benefit.
(Ord. No. 2005-54, § 2) be provided by law.
(6) To levy and collect the special assess-
Lei Sec. 118-88. Governing body. ments within the benefit units.
The board shall be the governing body of the (7) To determine rates and collect service
benefit units created by this article. charges and fees within the benefit units.
(Ord. No. 2005-54, § 3) (Ord. No. 2005-54, § 4)
Sec. 118-89. Powers. Sec. 118-90. Budget adoption.
The board shall have all of the powers granted The fiscal year of the benefit units shall corn-
by general or special law for providing solid waste mence on October 1 of each year and end on
collection, disposal and administration services, September 30 of the following year.Annually,the
including, without limiting the generality of the board shall consider, amend and adopt a budget
foregoing, the following: for each benefit unit as county budgets are con-
sidered and adopted.
(1) To sue and be sued and plead and be (Ord. No. 2005-54, § 5)
impleaded, complain and defend in all
courts in its own name. Sec. 118-91. Trust fund.
(2) To acquire for the purposes of the benefit
unit(s), by grant, purchase, gift, devise, There is hereby established a solid waste spe-
exchange or in any other lawful manner, cial assessment trust fund,which will be divided
all property, real or personal, or any es- into two financial accounts, one for each benefit
tate or interest therein, upon such terms unit.All special assessments and service charges
and conditions as the board shall deter- and fees collected pursuant to this article for solid
mine, and to own all such property in its waste collection,disposal and administration ser-
vices hereunder shall be deposited into the appli-
own name. cable financial account. The funds in each finan-
(3) To make contractual arrangements with cial account in the trust fund are funds of the
any public, private or municipal firm, board and will be part of the board's annual
L
Supp.No.61 CD118:14
�.J SOLID WASTE § 118-95
budget. The funds on deposit in each financial The annual special assessment may be im-
account shall be used for no purposes other than posed and collected as a non-ad valorem assess-
solid waste collection, disposal and administra- ment pursuant to the procedure set forth in F.S.
tion for each corresponding benefit unit and re- § 197.3632.
lated costs incidental thereto, including, but not (Ord. No. 2005-54, § 8)
limited to, enforcement costs.
(Ord. No. 2005-54, § 6) Sec. 118-94. Annual rate resolution.
On or before the first day of October, prior to
Sec. 118-92. Prima facie evidence of accumu- each service year, or as soon thereafter as the
lation of solid waste. assessment roll may be available or independent
file or roll is completed and the amount of revenue
necessary to fund the collection, disposal and
The fact that any residential real property or administration of solid waste within the benefit
commercial real property within a benefit unit is units has been determined,the board shall hold a
capable of being occupied or has been issued a public hearing to adopt a rate resolution in accor-
certificate of occupancy by the county shall be dance with the provisions of this article and
prima facie evidence that solid waste is being Collier County Ordinance No. 84-31, incorporat-
generated or accumulated upon such residential ing a schedule of the annual special assessments
real property or commercial real property. to be imposed upon the owners of all residential
(Ord. No. 2005-54, § 7) real property in the benefit units.The annual rate
resolution shall also establish rates, fees and
charges for the services provided by the contrac-
Sec. 118-93. Annual solid waste collection, tor(s) to commercial customers, as well as rates,
khowe disposal and administration spe- fees and charges for disposal of solid waste at
cial assessment. county facilities. The schedule for the special
assessments shall provide sufficient revenues to
There is hereby imposed on all residential real fund the collection, disposal and administration
property within the benefit units an annual spe of solid waste within the benefit units.
cial assessment for the collection, disposal and If the board elects to use the non-ad valorem
administration of solid waste. The amount of the method of collecting the special assessments as
special assessment for solid waste collection, dis- part of the ad valorem tax bills,the procedures set
posal and administration shall be the rate estab- forth in F.S. § 197.3632, shall be followed for the
lished in compliance with the procedure provided adoption of rates, fees and charges.
herein. Subsequent to the certification of the (Ord. No. 2005-54, § 9)
assessment roll,pursuant to Chapter 197,Florida
Statutes, by the property appraiser, the clerk, or Sec. 118-95. Certification of rate resolution.
the designee of the board, the board and the tax
collector or other board designee shall obtain a Upon adoption by the board of the rate resolu-
copy of the certified assessment roll from the tion provided for in section 118-94 of this article
property appraiser or the clerk for all taxable and County Ordinance No. 84-31, the clerk shall
properties in Collier County, as reflected in the forthwith deliver a certified copy of the rate
records of the property appraiser. Thereafter,the resolution to the tax collector or other board
board shall cause to be prepared an independent designee who will be responsible for collecting the
file or roll which identifies those properties in the special assessment. Based upon the rate resolu-
benefit units that are subject to the special assess- tion, the tax collector or other board designee
ment. The independent file or roll shall contain shall cause to be prepared an annual special
sufficient detail to permit ready identification of assessment roll.The special assessment roll shall
such residential real property,consistent with the contain a description of those properties which
data contained on the assessment roll. are subject to the special assessment, the name
Supp.No.61 CD118:15
§ 118-95 COLLIER COUNTY CODE
and address of the owner of each parcel of resi- (2) Pursuant to the authority of Chapter 173,
dential real property, and the amount of the Florida Statues, in accordance with the
special assessment applicable to each parcel of following procedures:
residential real property. The description of each The name of the owner and a description
parcel of residential real property shall be in of each parcel of residential real property
sufficient detail as to permit ready identification shall be that designated on the assess-
of each parcel of residential real property on the ment roll maintained by the Property
assessment roll. Appraiser of Collier County even though
(Ord. No. 2005-54, § 10) the property appraiser's assessment roll
may not be current with regards to own-
Sec. 118-96. Solid waste collection, disposal ership, and from the certificates of occu-
and administration service pancy issued by the county for those par-
charge prior to initiation of an- cels of residential real property that are
nual special assessment. not described on the assessment roll.
Except when the non-ad valorem method
A Solid Waste collection,disposal and adminis- of collection is used pursuant to F.S.
tration service charge shall be imposed against § 197.3632, the special assessment shall
each owner of Residential Real Property at the be due by October 1 of the service year
time a Certificate of Occupancy is issued by the and shall be payable by a full lump sum
County. Until an annual Special Assessment is payment within 30 days of an original or
levied against such Residential Real Property in corrective billing for such service year for
accordance with the procedures delineated herein, which payment is required.
the amount of the service charge shall be a
t prorated share of the annual Special Assessment. All delinquent special assessments billed
�/ The charge shall be paid at the time of issuance of and collected by the tax collector or other
a Certificate of Occupancy, and transferred into board designee shall bear interest at the
the Trust Fund. Residential Real Property that is rate of 12 percent per annum.All special
evidenced as no longer habitable by means of a assessments imposed upon the owners of
completed demolition permit and/or a physical residential real property under the provi-
onsite inspection by a duly authorized represen-
tative of the county shall be exempted from the payable on or after November 1, 1990 for
annual Special Assessment. the 1991 service year or October 1 for all
(Ord. No. 2005-54, § 11; Ord. No. 2015-38, § 2) service years thereafter or 30 days after
an original or corrective billing for such
service year was mailed to the owner of
Sec. 118-97. Scope of special assessment;de- any residential real property that was not
linquency; and liens. billed prior to commencement of such ser-
vice year shall constitute and are hereby
The special assessment shall be imposed against imposed as liens against such residential
the owners of all residential real property in the real property as of the date the special
benefit units. Delinquencies in special assess- assessment becomes delinquent.Said spe-
ment payments, liens, and collections thereof cial assessments shall remain liens equal
shall be administered and enforced in accordance in rank and dignity with the lien of the
with one of the following procedures: county for ad valorem taxes and superior
(1) In accordance with Chapter 197, Florida in rank and dignity to all other liens,
Statutes,and particularly F.S.§ 197.3632, encumbrances,titles and claims in and to
providing for the imposition and collet- or against the residential real property
tion of the special assessments as a non-ad involved.
valorem assessment on the property tax If any special assessment lien becomes
bills; or, in the alternative, delinquent,the board, upon receipt of the
Supp.No.61 CD118:16
SOLID WASTE § 118-97
list of outstanding and delinquent special (4) The owners of record of the residential
assessments from the tax collector or other real property identified in Collier County
board designee under the provisions of Resolution No. 93-357 never received the
section 118-98 of this article, shall, by 1991 special assessment bill or a re-
resolution, record a notice of delinquent minder or a demand letter therefore, and
liens containing the amount of the delin- said residential real property had a lien
quent special assessment including all imposed thereon pursuant to County Res-
interest provided herein, a legal descrip- olution No. 93-29, which was adopted by
tion of the residential real property against the board on January 26, 1993. Notwith-
which the lien is imposed and the name of standing any provision in this article to
the owner of such residential real prop- the contrary, the owners of such property
erty as indicated on the assessment roll shall be afforded the following remedy
maintained by the Property Appraiser of and procedure:
Collier County, even though the property a. All interest accrued for each such
appraiser's assessment roll may not be parcel of residential real property
current with regard to ownership. The from the due date of payment of such
notice of delinquent lien shall be recorded 1991 special assessment through Sep-
in the Public Records of Collier County, tember 1, 1993 shall be accounted
Florida, by the board. Further, notice of for and paid from the appropriate
the imposition of the lien on residential county fund, thereby reducing the
real property pursuant to the board's res- outstanding(delinquent)interest due
olution shall be mailed by the clerk or the on such residential real property ac-
board's designee to each owner of such counts to zero as of September 1,
residential real property at the owner's 1993. The department is authorized
last known address. The notice shall con- and shall effectuate a refund of in
tain the same information required in the terest paid to those owners of those
resolution described herein imposing the parcels of residential real property
lien.Upon payment by or on behalf of the referenced in County Resolution 93-
owner and receipt of the list for paid or 357 who have paid the then outstand
discharged lien or liens from the clerk or ing principal (special assessment
the board's designee,the board shall adopt amount) and interest subsequent to
a resolution indicating satisfaction of the the lien being imposed pursuant to
lien or liens, which shall be recorded in County Resolution No. 93-29 and
the Public Records of Collier County,Flor- prior to September 1, 1993.
ida, by the board. Further, a notice of b. On or before September 1, 1993, the
satisfaction of the lien or liens pursuant department sent by regular U.S.mail
to the board's resolution shall be mailed corrective invoices to the owners of
by the clerk or the board's designee to record for those parcels of residen-
each owner of such residential real prop- tial real property identified in Reso-
erty at the owner's last known address. lution No.93-357, such invoices pro-
The notice shall contain the same infor- viding billing for payment of the
mation required in the resolution de- 1991 service year special assess-
scribed herein satisfying the lien; or, in ment without interest, if paid on or
the alternative. before September 20, 1993. If pay-
ment was not made for such residen-
(3) In accordance with the provisions of any tial real property by September 30,
other law applicable to the administra- 1993, then interest on such unpaid
tion and enforcement of delinquent spe- invoice shall accrue at the rate of 12
cial assessment payments, or liens and percent per annum commencing Oc-
the collection thereof. tober 1, 1993.
Supp.No.61 CD118:17
I § 118-97 COLLIER COUNTY CODE
c. Full payment of the 1991 service Sec. 118-100. Failure to include residential
year special assessment, as stated real property on annual solid
on the corrective invoice referenced waste collection, disposal and
in subparagraph a. above, prior to administration special assess-
October 1, 1993, shall result in the ment roll.
residential real property account be-
ing considered paid in full, and a If it appears that the special assessment might
resolution indicating satisfaction of have been imposed under this article against any
the lien created by County Resolu- real property,but such residential real
tion No. 93-29 shall be adopted by property was omitted from the appropriate spe-
the board and recorded in the Public cial assessment roll,the board may,by resolution,
Records of Collier County, Florida. impose the applicable special assessment for the
(Ord. No. 2005-54, § 12) service year in which the error is discovered,plus
the applicable special assessment for the prior
two service years, if the residential real property
Sec. 118-98. Payments. was subject to the special assessment for each of
the prior two service years. The total special
assessment shall become delinquent if not fully
Billing, receiving and accounting for the pay- paid upon the expiration of 60 days from the
ment of the special assessment shall be the re- effective date of the board's resolution, and upon
sponsibility of (a) the Tax Collector of Collier becoming delinquent shall be subject to an inter-
County pursuant to the provisions of Chapter est rate of 12 percent per annum. Further, the
197, Florida Statutes, and the agreement be- total amount of the delinquent special assessment
tween the board, the tax collector and the prop- shall constitute, and is hereby imposed, as a lien
erty appraiser, and other applicable provisions of against such residential real property, and shall
law, or (b)the board's other designee(s). be treated the same as other special assessments.
(Ord. No. 2005-54, § 13) (Ord. No. 2005-54, § 15)
Sec. 118-101. Enforcement of delinquent an-
Sec. 118-99. Correction of errors and omis- nual garbage and solid waste
lions. collection,disposal and admin-
istration special assessments.
No act or error of omission or commission on All delinquent special assessment liens may be
the part of the property appraiser, tax collector, enforced at any time by the board subsequent to
board, clerk, or their deputies or employees, or the date the special assessment or service charge
other board designee(s)shall operate to defeat the becomes delinquent,except as otherwise provided
duty to pay the special assessment imposed by the
board under the provisions of this article. herein, in the amount due under the liens or any
recorded liens, including all interest, plus costs
and a reasonable attorney's fee, by proceeding in
For the 1991 service year and all service years the appropriate court to foreclose such liens in the
thereafter, the manager shall be and is hereby manner in which a mortgage lien is foreclosed
authorized to confirm and correct invoice/billing under Florida law or, in the alternative, foreclo-
errors and omissions caused on the part of the sure proceedings may be instituted and prose-
county materially affecting residential real prop- cuted under the provisions of Chapter 173, Flor-
erty special assessment payment requirements as ida Statutes, or the collection of payment thereof
otherwise provided in this article, by accounting may be accomplished by any other method autho-
for and paying from the appropriate county fund rized by law. It shall be lawful to join in any
the interest erroneously applied to the residential complaint for foreclosure or any such legal pro-
real property affected by the error or omission. ceedings, any lots or parcels of land that are the
(Ord. No. 2005-54, § 14) subject of a lien or liens.
LI
Supp.No.61 CD118:18
SOLID WASTE § 118-104
The clerk or the board's designee is authorized remove or otherwise sell or dispose of such
and directed to execute and deliver,upon request, materials, without the prior written approval of
a written certification certifying the amount due the Manager.
for delinquent assessments or unrecorded liens B. It shall be a violation of this Ordinance for
for any parcel of residential real property. In the
anyone than authzeof Collier
alternative, the clerk or the board's designee County orher the authorized)solidgents waste contrac-
shall certify that no such special assessments tor(s)as identified in this Ordinance to place any
are due,except current and non-delinquent special type of solicitation material including but not
assessments. The certificates shall be binding limited to, advertisements, stickers, pamphlets,
upon the county. business cards,mail,newspapers,banners,notices
(Ord. No. 2005-54, § 16) or signs of any kind on any Garbage or Recycling
Roll Cart or Recycling Bin.
Sec. 118-102. Mandatory solid waste collec-
tion. C. It shall be a violation of this Ordinance for
anyone other than authorized agents of Collier
Unless exempt from the provisions of this County, or the authorized solid waste contrac-
article or burned under a valid permit, all solid tor(s) as identified in this Ordinance to remove,
waste generated and accumulated by a person on repair, or replace Garbage or Recycling Roll
residential real property or commercial real Carts or Recycling Bins.
property within a benefit unit shall be collected, (Ord. No. 2005-54, § 18; Ord. No. 2015-38, § 3)
conveyed,and transported to an approved county
facility by the designated contractor. Each person Sec. 118-104. Responsibilities of contrac-
that owns or occupies residential real property tor and customer for solid
or commercial real property in the service district waste collection.
shall be serviced by the contractor, except as The Contractor shall collect Solid Waste from
provided in section 118-106 of this article. Residential Real Property and Commercial Real
The owner(s)of commercial real property shall Property,and Customers shall set out their Solid
Waste for collection by the Contractor,as follows:
provide a copy of their service contract with a
contractor,or an exemption permit issued pursu- A. All collection services provided by the
ant to the provisions of section 118-106 of this Contractor under the terms of this
article,for such property to obtain a certificate of Ordinance shall be performed in a profes-
occupancy from the county community develop- sional manner in compliance with the
ment and environmental service department for Service Agreement, as amended, which
such property. is hereby incorporated into this ordinance
and subject to the penalties provided
Inadvertent or mistaken issuance of a certificate herein,and all applicable local,state and
of occupancy shall not relieve any person from federal laws. If there is any conflict
compliance with these provisions. between the Service Agreement and this
(Ord. No. 2005-54, § 17) Ordinance, this Ordinance shall take
precedence. Any litter or spillage caused
Sec. 118-103. Ownership of solid waste and by the Contractor shall be removed
program recyclables. immediately by the Contractor.
B. Collection service shall be provided by
A. From the time that Solid Waste and the Contractor on Monday through
Program Recyclables are placed at the Curbside Saturday, except Holidays. The Contrac-
or other authorized location for collection by the tor shall not be required to provide col-
County or the Contractor, such materials shall lection service on Holidays or during a
be the sole property of the County. No Person local emergency,as declared by the Board.
shall have the right to take, keep, process, alter, Should a Holiday occur on the date
Supp. No. 85 CD118:19
§ 118-104 COLLIER COUNTY CODE
designated as a Customer's collection shall be secured from bear intrusion
day,the next collection for that Customer until the container and or bags are
shall take place no later than the next permitted to be placed curbside for
regular collection day for the Customer. collection. Residential Customers
In the event of a Federal or State Disaster shall have the option of using a
Declaration or Declared State of County-approved, Curbside Bear-
Emergency, collection services outlined Resistant Solid Waste Container, if
in this Ordinance may be revoked, available. Customers that choose to
suspended or altered. utilize a Curbside Bear-Resistant
C. Residential Real Property: Solid Waste Container may be
responsible for additional costs
1. Except as otherwise provided herein associated therewith,including,but
or in the Service Agreement, the not limited to, the cost to purchase
Contractor shall collect,remove and the Curbside Bear-Resistant
dispose of the Solid Waste set out Container and any additional service
for collection by residential Custom- fee if imposed by the Contractor.
ers. At a minimum,Residential Real
Property in the Benefit Units shall 3. Curbside Containers and Yard Trash/
be provided collection service at BioMass Containers are subject to
Curbside for the following materi- the Manager's approval and shall:
als, subject to the provisions of the (a) be constructed so as to prevent
Service Agreement:(a)Garbage and intrusion by water; and (b) have a
Rubbish; (b) Yard Trash/Biomass; cover that is free from sharp edges;
(c) Program Recyclables; (d) Bulk and (c) not have inside structures
Waste;(e)White Goods;(f)Tires;(g) that prevent the free discharge of
Batteries;and(h)Electronic Equip- the container's contents. Curbside
ment. Hazardous Waste shall not Containers, except Roll Carts, shall
be placed in roll carts or curbside not exceed forty-five (45) gallons in
containers for collection by the capacity and fifty (50) pounds in
contractor. Hazardous Waste should weight when filled. The amount of
be taken to a county Recycling Drop- discarded waste placed in a Garbage
Off Center or the Hazardous Materi- Roll Cart or Recycling Roll Cart
als Collection Center for disposal, shall not exceed the weight limit as
this includes pharmaceutical and specified on the Roll Cart.
medicinal waste and hypodermic 4. Program Recyclables shall be set
devices(SHARPS)suitably contained out for collection in a Recycling Roll
in a heavy plastic container. Cart. Program Recyclables may be
2. Except as otherwise provided herein, set out in a Recycling Bin in areas
residential Customers shall use approved by the Manager for such
Garbage Roll Carts for the collec- service. Cardboard placed in a
tion of Garbage and Rubbish. Recycling Roll Cart or Recycling
Residential Customers may use Bin shall be flattened and, if neces-
heavy-duty plastic bags for excess sary, cut to a size to fit into the
Garbage or Rubbish. Yard Trash/ Recycling Roll Cart without binding
Biomass containers may be used for or preventing the release of the
the collection of garbage and rub- recycling during collection.
bish in areas that are approved for Cardboard may also be stacked and
such service by the Manager. All placed outside the Recycling Cart or
Solid Waste containers and or plastic Recycling Bin, any cardboard so
bags containing household garbage stacked must be cut to a maximum
Supp. No. 85 CD118:20
SOLID WASTE § 118-104
size of 3 ft. x 3 ft. Residential 7. A residential Customer shall not set
Customers may use heavy-duty clear out for collection more than four(4)
plastic bags for excess recyclables. Tires with or without rims less than
Recyclable materials placed in the 33 inches in diameter and two (2)
recycle containers and stored outside lead acid batteries per month.
and/or placed at a designated collec-
tion location shall be sufficiently 8. A residential Customer shall contact
free from residue of food and other the Manager at least forty-eight
materials so that they are not an (48) hours before the Customer's
attractant to bears. regularly scheduled collection day if
the Customer wishes to receive Curb-
5. Discarded materials from small side collection of White Goods,
household repairs, renovations or Electronic Equipment,Tires,or lead
projects may be placed in a Garbage acid batteries.
Roll Cart. No other Commercial and
Demolition (C&D) Debris shall be 9. Garbage and similar putrescible
placed at the Curbside. C&D gener- waste shall not be collected, stored,
ated by the property owner or tenant or set out in an open, uncovered
that cannot be contained within a Collection Container.
Roll Cart shall be transported by 10. Solid Waste and Yard Trash/Biomass
the property owner or tenant to an shall not be placed in the same
approved county facility for disposal. Curbside Container.
C&D Debris generated on
Residential Real Property by a 11. Yard Trash/Biomass shall not be
licensed builder or contractor shall placed in Garbage Roll Carts,
be removed by the builder or contrac- Recycling Roll Carts, or Recycling
tor. Bins. Yard Trash/Biomass placed in
6. Garbage Roll Carts, Curbside Yard Trash/Biomass Containers shall
Containers, Recycling Roll Carts, not exceed fifty (50) pounds in
Recycling Bins,Yard Trash/Biomass weight, four (4) feet in length, or
Containers,Curbside Bear-Resistant four (4) inches in diameter. Yard
Solid Waste Containers and any Trash/Biomass shall not be set out
non-containerized waste appropri for collection in plastic bags. A
ate for Curbside collection shall be combination of no more than ten
placed Curbside prior to 6:00 a.m. (10)bundles,paper bags or personal
on the scheduled collection day. containers will be collected at one
However, these containers and time.
materials shall be placed at Curb- 12. Yard Trash/Biomass that is not
side no earlier than 6:00 p.m. the placed in a Yard Trash/Biomass
day prior to the Customer's next Container shall be bundled and
regularly scheduled collection day. securely tied with twine or other
Such containers and materials shall material strong enough to support
be placed at least three(3)feet from the weight of the bundle. Non-
mailboxes or other obstacles. The containerized Yard Trash/Biomass
Customer shall remove from the shall not exceed fifty(50)pounds in
Curbside all Curbside Containers, weight, four (4) feet in length, or
Garbage Roll Carts, Recycling Roll four (4) inches in diameter. The
Carts,Curbside Bear-Resistant Solid foregoing restrictions also shall apply
Waste Containers and Recycling Bins to other types of non-containerized
by 6:00 a.m. on the day after the Solid Waste, except Bulk Waste and
scheduled service is completed. Extraordinary Waste.
Supp. No. 85 CD118:21
§ 118-104 COLLIER COUNTY CODE
13. Customers shall not overfill Garbage Agreement. The County shall not
Roll Carts, Recycling Roll Carts, be responsible for the administra-
Curbside Bear-Resistant Solid Waste tion of or payment for any such
Containers or Commercial Contain- arrangements.
ers such that lids cannot be fully
closed. Overfilled roll carts and D. Ingress and Egress to Residential Real
containers are a potential hazard Property:
when lifted by the automatic arm of 1. Subject to the conditions contained
the collection vehicles in addition to herein, ingress and egress to
being an attractant to wildlife. Residential Real Property on private
Overfilled Commercial Containers roads must be provided by the
can be assessed a fine if found in affected property owners for the
violation. Contractor. Ingress and egress
14. The Contractor shall provide for the includes, but is not limited to,
collection of Bulk Waste, White maintaining suitable conditions and
Goods, and Electronic Equipment, widths on the roads, providing
subject to the provisions of this adequate room for vehicles to turn
Ordinance and the Service Agree- around, and managing overhanging
ment. Such materials shall be placed tree limbs. If part or all of a private
at Curbside and shall not include road is inaccessible by the Contrac
vehicles, vehicle component parts, tor, the County shall investigate
boats or boat trailers or their and provide suggestions to the
component parts, or liquid waste. appropriate Home Owner's Associa-
Further, Bulk Waste shall be disas- tion (HOA) or property owners if
Lsembled,if possible,into sections or there is no HOA. If the HOA or
pieces of less than fifty (50) pounds affected property owners do not agree
in weight and four(4)feet in length, to provide access for the Contractor,
prior to pick up by the Contractor. the Customers Curbside Contain-
Prior to placement at the Curbside, ers shall be placed on the closest
doors on White Goods shall be taken public right-of-way that is acces-
off the discarded units, or securely sible to the authorized Contractor,
locked from the outside to prevent at a location designated by the
the entrapment of children. Manager that will not obstruct motor
vehicle traffic, pedestrian passage,
15. Garbage Roll Carts, Recycling Roll or stormwater drainage.
Carts,Curbside Bear Resistant Solid 2. Owners of single-family residences
Waste Containers,or Recycling Bins not exempt from the Special Assess-
unserviceable due to loss or customer ment and receiving Residential Curb-
negligence,will be replaced,and the
side Service,whose property is made
customer shall pay the contractor's incapable of receiving residential
invoice price plus a delivery fee. curbside collection as described in
The invoice price is subject to change Section 19 (§ 118-104) of this
at the Manager's approval. The Ordinance due to site conditions
delivery fee is set forth in the Solid which prevent ingress and egress of
Waste Rate Resolution,as amended. collection vehicles and/or curbside
16. Owners of Residential Real Property placement of items for collection
may negotiate separate arrange- may apply for a permit to receive
ments directly with the Contractor Residential Non-Curbside service in
for services additional to those the form of commercial container
established herein and in the Service service, provided that the following
Supp. No. 85 CD118:22
SOLID WASTE § 118-104
criteria are met, and approved by County's approved rates for the col-
the Manager: (1) Property owners lection of those types of Solid Waste
must make every reasonable effort that are subject to the Contractor's
to provide ingress and/or egress to exclusive franchise. At a minimum
collection vehicles before making all Commercial Real Property that
application,(2)Placement of Garbage generates Garbage and Rubbish shall
Roll Carts, Recycling Roll Carts, contract for an appropriate size
Yard Trash/Biomass and bulk waste container for garbage storage and
at the nearest County right-of-way collection. Unoccupied and unused
must be impossible or impractical Commercial Real Property shall not
due to public health, safety,welfare be required to contract for solid
concerns, (3) The property owners waste collection service subject to
must provide an area for com- inspection and verification of vacancy
mercial container placement that by authorized County Code Enforce-
complies with the Collier County ment Official. Tenants of owners of
Land Development Code for corn- Commercial Real Property,who run
mercial container enclosures and a commercial business may enter
screening as amended, and (4) into a contract with a Contractor
Should the site conditions that with the approval of the property
prevent ingress and egress of collec- owner.A copy of the current contract
tion vehicles and/or curbside place- with the Contractor shall be avail-
ment of items for collection be able for inspection at the property
temporary, a plan for rectifying the being serviced. Any violations of
condition along with timetables must this ordinance or other county
be submitted with the application. ordinances by the tenant shall
3. Residential Customers who occupy subject the property owner to the
a Multi-Family Residence or single penalties hereinafter provided.
family residence and who are not 3. The minimum collection frequency
exempted from the special assess- for Commercial Real Property shall
ment and do not receive Residential be one time per week, with collec-
Curbside Service due to temporary tion not more than seven(7)calendar
or permanent site conditions that days apart,except for Holidays. The
prevent ingress and/or egress of col- minimum collection frequency for
lection vehicles, may make applica- restaurants,grocery stores and other
tion to have Residential Non- facilities that generate significant
Curbside Service, or Self Haul quantities of Garbage and other
Exemption permit, subject to the types of putrescible waste shall be
Manager's approval. twice per week. Organizers of Special
E. Commercial Real Property: Events shall,in accordance with the
1. Except as authorized by F.S. event permit, ensure that sufficient
§ 403.7046, the provisions of this containers and collection frequency
Ordinance do not apply to the col- are contracted to maintain Garbage
lection of Recovered Materials that or Recyclables containment until
are generated on Commercial Real final disposal can be accomplished.
Property. 4. Collection service for Commercial
2. Except as otherwise provided herein, Real Property shall be provided with
owners of Commercial Real Property a Commercial Container; however,
shall enter into a contract with a a commercial Customer that gener-
Contractor and shall pay the ates one (1) cubic yard or less per
Supp. No. 85 CD118:23
§ 118-104 COLLIER COUNTY CODE
week of Solid Waste may use up to reported immediately to the company
two (2) Garbage Roll Carts. Where responsible for the maintenance of
access or space restrictions prevent the container and repairs be done
a two(2)cubic yard or greater Com- within forty-eight (48) hours after
mercial Container from being the damage is reported.
provided,the Manager may approve F. Multi Family Collection Service:
a variance for additional Roll Carts
to be used at the relevant Corn- 1. Customers occupying Multi-Family
mercial Container rate. Residences shall receive residential
curbside collection service or
5. Commercial Waste. Residential residential non-curbside collection
Waste,and Yard Trash/Biomass shall service. A Customer occupying a
not be placed in the same collection Multi-Family Residence shall receive
container. Commercial Containers residential curbside collection service
shall be placed on a paved or concrete if the Customer pays the County's
level surface.All approaches to Corn-
Special Assessment or receives the
mercial Containers shall be capable Manager's approval for such service.
of supporting the weight of the Col- All other Customers occupying Multi-
lection vehicle. All Collection Family Residences shall receive
Containers shall be placed in loca- residential non-curbside collection
tions that allow easy access and service.
convenient use by Customers, and
are readily accessible to the 2. A Customer occupying a Multi-
Contractor's vehicles. In the event Family Residence and receiving
the Customer and Contractor cannot residential collection curbside service
agree upon an appropriate location shall receive the same level of service,
for a Collection Container, the and shall be subject to the same
Manager shall mediate the dispute rates and requirements, and set out
and designate the point of Collec- times as any other Customer receiv-
tion. ing residential curbside collection
service.
6. Where Commercial Real Property
utilizes a contractor compactor or a 3. A Customer occupying a Multi
third party compactor and any such Family Residence and receiving
compactor breaks down,alternative residential non-curbside collection
County approved Commercial service shall receive the same level
Container(s) must be provided or of service, and shall be subject to
contracted and serviced at appropri- the same rates and requirements,
ate frequencies until the compactor as any other Customer receiving
is repaired and returned to service. commercial collection service.
7. Commercial Real Property custom- 4. The Contractors exclusive franchise
ers that produce any food waste and for the collection of Residential
utilize a Non-bear-resistant Solid Program Recyclables includes the
Waste Container shall secure collection of program Recyclables
containers at all times except when generated by those customers that
loading or unloading the container. occupy Multi-Family Residences,
The area around the container must even if the customers receive Non-
be kept clean of refuse and debris at curbside Collection Service.
all times. If the container is dam- 5. Solid Waste Collection Enclosures -
aged in a way that allows intrusion Accessory Structures: All newly
from bears, the damage must be constructed buildings for commercial,
Supp. No. 85 CD118:24
'.—' SOLID WASTE § 118-104
industrial or Multi-Family use shall immediately place a Non-Collection
provide sufficient commercial Notice explaining why the material
containers in proper enclosures, as was not collected.
approved by the Manager, to 3. In the event a Commercial Container
adequately contain all solid waste is overfilled and cannot be safely
generated on the premises between dumped, the Contractor shall
collections. Any commercial, immediately place a Non-Collection
industrial or Multi-Family user who Notice on the Commercial Container,
is now using an approved solid waste notify the Customer,and reschedule
container other than a commercial service.
container shall be permitted to
continue that use until such time as 4. The Contractor shall refuse to col-
significant modifications or altera lect Solid Waste from a Customer if
tions are made to the building or the Contractor believes that the Solid
the use thereof. At that time, the Waste contains Hazardous,Radioac-
Financial Operations Division shall tive,Biological or Biomedical Waste.
determine if commercial containers If the Contractor believes a Customer
are required. All commercial, is depositing such waste for collec-
industrial or Multi-Family users tion, the Contractor shall place a
shall provide an approved corn- Non-Collection Notice on the
mercial container or other solid waste container, take photographs of the
container as preapproved by the improper waste (if possible), and
County. immediately notify the Manager. If
the generator of such waste is
G. Non-Collection Procedures: unknown,the Contractor shall work
with the Manager to identify the
1. The Contractor is not required to generator of such waste.
collect Solid Waste, Program
Recyclables, or other materials 5. The Manager may determine that
unless such materials have been set solid waste that is non conforming,
out for collection by a Customer in improperly prepared or improperly
accordance with the provisions of set out,may constitute a significant
this Ordinance and the Service risk to the public health, safety and
Agreement. If such materials are welfare and may remove the items
not collected, the Contractor shall or cause the items to be removed by
immediately place a Non-Collection a Contractor and may pass the cost
Notice on the container or Non- of removal along to the property
Conforming Material. If the Contrac- owner.
tor does not place a Non-Collection H. Special Events:
Notice on the container or Non-
Conforming Material, the Manager 1. All Special Events in Collier County
may require the Contractor to return that: (1) occur outside; and (2)
promptly and collect the materials. produce any food waste, must be
kept free from the accumulation of
2. The Contractor may leave Non- solid waste. Special events custom-
Conforming Material,Non-Program ers that produce any food waste and
Recyclables, and excessively utilize a non-bear-resistant Solid
contaminated recyclables in the Waste Containers shall secured
Customer's Recycling Cart or containers at all times except when
Recycling Bin. If the Contractor loading or unloading the container.
does, the Contractor shall The County Manager,or his designee,
— Supp. No. 85 CD118:25
§ 118-104 COLLIER COUNTY CODE
shall be allowed to inspect the D. The Contractor is authorized to charge
Special Event at no charge, for the interest on delinquent accounts with commercial
purpose of assisting with and verify- Customers,based on the highest rate authorized
ing the disposal of solid waste. by law, and to charge a fee for resumption of
(Ord. No. 2005-54, § 19; Ord. No. 2015-38, § 4; service.
Ord. No. 2019-36, § 2) (Ord. No. 2005-54, § 20; Ord. No. 2015-38, § 5)
Sec. 118-105. Termination of service by Sec. 118-106. Self hauler exemption permits
contractor. for commercial and residential
A. Residential Real Property: The Contractor property; procedure for
may not terminate service to any Residential obtaining and revoking
Real Property that is subject to and not exempted exemption permits.
from the Special Assessment. A. Commercial Real Property or Residential
B. Commercial Real Property:The Contractor Real Property: Any owner or occupier of Com-
B. terminate collection service when a com mercial Real Property or Residential Real Property
mercial Customer fails to pay for service and the desiring to remove Solid Waste generated on its
following procedure has been followed: own premises may make application to the
Manager for a Self Hauler Exemption Permit to
1. When a commercial Customer's payment remove and convey the Solid Waste to designated
is thirty(30) days past due, the Contrac- County facilities. Such application shall be on a
tor may mail to such Commercial form as prescribed by the Manager. Applications
Customer a notice of intent to terminate shall be accompanied by a filing fee in an amount
service in ten (10) days. determined by resolution of the Board. The
2. If the commercial Customer desires to application shall, in addition to other items
�-- dispute the bill,the Customer shall notify which may be specified by the Manager, contain
the Manager in writing within the ten at least the following information:
(10) day period. Upon receipt of the 1. Name of applicant.
Customer's notice, the Manager shall
resolve the dispute. 2. Telephone number of applicant.
3. If the balance remains unpaid after the 3. Facsimile number of applicant.
ten(10)day period provided above,or ten 4. Description of activity generating the
(10) days following issuance of a written Solid Waste.
finding by the Manager, the Contractor
may discontinue collection service to the 5. Description of the type of Solid Waste
Customer. The Contractor shall notify generated and address of premises where
the Manager within one (1) day after such Solid Waste is generated.
service is terminated. 6. The proposed County landfill site where
4. Upon being notified, the County shall the Solid Waste will be disposed.
take whatever action it deems appropri 7. The vehicle(s) and personnel that will be
ate to enforce compliance with the provi-
sions of the County's Ordinances, utilized to transport such Solid Waste.
including,but not limited to issuance of a 8. Address where vehicle(s) is parked and
citation. can be inspected.
C. In the event service is suspended or 9. A copy of the registration of the vehicle(s).
terminated,the Contractor is authorized to remove 10. Proof of insurance for the vehicle(s).
from the Customer's premises any Commercial
Containers or other equipment belonging to the 11. Information sufficient to establish that
Contractor. the equipment to be used is constructed
Supp. No. 85 CD118:26
SOLID WASTE § 118-106
or equipped in a manner such that no and a hearing. An appeal from any decision of
leakage,spillage or loss of any fraction of the Manager denying or revoking an Exemp-
the load can occur. tion Permit may be taken to the Board. An
12. A copy of the applicant's commercial appeal shall be initiated by filing with the
occupational license,or the Condominium Manager a petition stating the grounds for
Association or Homeowner Association such appeal. The petition must be filed with
articles of incorporation. the Manager within ten (10) days after the
County mails notice of the permit denial or
Upon determining that the activity for which revocation by the Manager.
the Exemption Permit is sought complies with
the terms of the Ordinance,the Service Agree- B. Residential Real Property: Exemption
ment, and all County, State and Federal laws Permits for Residential Real Property may be
and regulations, the Manager may grant an issued upon the following basis and criteria:
Exemption Permit. The Exemption Permit 1. The Residential Real Property for which
shall contain a certificate to be signed by the exemption from the Special Assessment
applicant, certifying that the applicant will is sought must:
comply with the provisions of this Ordinance.
a. be essentially surrounded by Com-
The Exemption Permit shall specify the County mercial Real Property; and
facility(ies) to which the Solid Waste shall be
conveyed and shall include any other condi- b. provide written confirmation that
tions the Manager deems appropriate. All its Solid Waste shall be collected
Solid Waste being transported pursuant to an and disposed of by the owners of the
Exemption Permit must be transported in a adjacent Commercial Real Property;
covered or enclosed vehicle or must be securely and or
covered by a tarpaulin or other device that c. be part of a condominium owners'or
prevents the material from falling,blowing or homeowners' association of record
otherwise escaping the vehicle. Vehicles used whose residential units are receiv-
to transport Solid Waste pursuant to this ing non-curbside collection service
Section 21 (§ 118-106) shall have properly with a Commercial Container, and
functioning safety equipment, including, but be incapable of receiving the curb-
not limited to, head lights, tail lights, hazard side collection service described in
lights, windshields, windshield wipers, mir Section 19 (§ 118-104) of this
rors and horns. The Person receiving the Ordinance due to site conditions
Exemption Permit shall timely pay any which prevent ingress and egress of
amounts due and owing for the use of the collection vehicles and/or curbside
County facility(ies) at which the Solid Waste placement of items for collection
is disposed. Failure to make timely payments and/or placement of Commercial
to the County for disposal services may result Containers and commercial container
in the revocation of the Exemption Permit. enclosures as required by the Land
The Exemption Permit shall be effective for a Development Code as amended.
period of six (6) months from the granting 2. The Contractor providing service in the
thereof and may be renewed by filing an affected Solid Waste District shall affirm
updated application and following the in writing to the Manager that it is
procedures for the granting of the original impractical or economically inefficient
Exemption Permit. for the Contractor to provide residential
Upon receipt of notice of a violation of the curbside collection service or residential
terms of any Exemption Permit,including the non-curbside service to the Residential
application therefore,the Manager may revoke Real Property for which exemption is
such Exemption Permit,after providing notice sought.
Supp. No. 85
CD118:26.1
§ 118-106 COLLIER COUNTY CODE
3. Application for Exemption Permit shall the property tax bill, a deferment of the annual
be made in writing by the Residential payment obligation of the special assessment
Real Property owner, or on behalf of the may be obtained by the owner of residential real
Residential Real Property owners of such property that qualifies upon the basis of financial
condominium owners' or homeowners' hardship as defined herein and according to the
association by such condominium owners' procedures provided hereunder.
or homeowners' association, and shall be
submitted to the Manager. Multi-Family A deferment of the payment obligation
applications must include an affidavit otherwise required under this article may be
stating that there has been a majority granted upon the written request of a residential
vote of the membership of the association real property owner who qualifies because of
in favor of making the permit applica financial hardship using as a standard the United
tion. The Manager may request and shall States Department of Housing and Urban Depart-
be entitled to receive relevant documenta- ment of Housing and Urban Development's Rental
tion or confirmation of facts from the Assistance Program (Section 8) as to annual
applicant and shall,in any event, render income, providing further that home ownership
a written decision either granting or is not in and of itself an eliminating factor. The
denying the exemption request within deferment shall consist of a lien placed against
thirty(30) days of its submission. the residential real property to run with the land
4. An appeal for reconsideration may be in an amount equal to the cumulative unpaid
initiated by filing with the Manager a special assessment(s). The lien shall be satisfied
petition stating the grounds for such upon the sale, transfer or any other disposition
appeal. The petition must be filed with of the residential real property subject to the
the Manager within ten (10) days after special assessment(s).
the County mails notice of the permit (1) Application for financial hardship defer-
denial. After the period of limitation ment shall be submitted to the manager.
established herein no petition, appeal, or The manager shall render a written
right of action shall be asserted by the determination upon such application
Residential Real Property owner(s). within 30 days of its submittal.
5. A Residential Real Property exemption (2) A residential real property owner who
granted hereunder shall be communicated has applied for a financial hardship defer-
to the Property Appraiser and Tax Col- ment and has been denied such defer-
lector by the Manager.
Exemption Permits ment by the manager may petition the
6. The residential Exem
p financial hardship review committee,
granted hereunder shall have duration of which is established hereby and composed
up to and no more than one (1) Service of the County public utilities administra-
Year, whereupon the Residential Real tor, the County housing and urban
Property shall be subject to the Special improvement director, and the manager.
Assessment and Contractor's services The written application shall be tendered
unless a new residential Exemption to the financial hardship review commit-
Permit is obtained pursuant to the tee (do the Collier County Public Utili-
procedures described in this Section 21 ties Administrator's Office) within 30
(§ 118-106) of the Ordinance and subject days of the date of denial by the manager.
to the Manager's right to revoke. After the expiration of this period of
(Ord. No. 2005-54, § 21; Ord. No. 2015-38, § 6) limitation, no petition, appeal or right of
Sec. 118-107. Financial hardship defer- action shall be asserted by the residential
ments. real property owner.
Except where the special assessment is imposed (3) A review of the decisions of the financial
and collected as a non-ad valorem assessment on hardship review committee may be heard
Supp. No. 85 CD118:26.2
SOLID WASTE § 118-134
by the Board upon application by any temporary events, venue facilities, and institu-
person seeking such a review. The writ- tions in Collier County to segregate and recycle
ten application shall be tendered to the as many designated recyclable materials as pos-
manager within 30 days of the date of the sible; (b) requiring multi-family properties to
decision of the financial hardship review provide collection containers and recycling services
committee. After the expiration of this to residents;(c)establishing educational programs
period of limitation, no petition, appeal concerning recycling; (d) providing incentives
or right of action shall be asserted by the and awards programs that will make recycling
residential real property owner. more attractive to the businesses, multi-family
(4) A deferment granted by the manager or properties temporary events, venue facilities,
by the financial hardship review commit and institutions in Collier County; and (e)
tee or the Board shall be formalized by eliminating potential conflicts between the
resolution adopted by the board and requirements of this Ordinance and the require-
recorded in the Public Records of Collier ments of the County's Land Development Code.
County, Florida by the Board. By utilizing a balanced combination of incen-
tives(5) All financial hardship deferments shall and regulations, the Board intends to
be subject to reevaluation by the manager accomplish its recycling goals while minimizing
every third service year following the the regulatory requirements in this Ordinance.
grant of deferment or the previous reevalu The Board also intends to provide sufficient time
for, multi-family properties, temporary events,
ation. and venue facilities, in Collier County to comply
(6) All financial hardship deferments shall with the County's new programs.
accrue interest on the unpaid principal (Ord. No. 2009-56, § 1)
at the rate of 12 percent per annum,
unless the interest is waived by the Sec. 118-132. Title and citation.
board based on information provided to
the Board on a case-by-case basis. This Ordinance shall be known and may be
(Ord. No. 2005-54, § 22) cited as the"Collier County Recycling Ordinance".
(Ord. No. 2009-56, § 2)
Sec. 118-108. Penalties.
Violations of any section or provision of this Sec. 118-133. Applicability.
Ordinance shall be prosecuted and punished as
provided by F.S. § 125.69. Each day the violation The provisions of this Ordinance shall apply
continues shall constitute a separate offense. to, and be enforced in, the unincorporated areas
Additionally, the Board may bring suit for dam- of Collier County, and in any municipalities
ages or to restrain, enjoin or otherwise prevent within Collier County that agree to such applica
the violation of this Ordinance,before the Special tion and enforcement, by inter-local agreement
Magistrate, or, in the Circuit Court of Collier between the governing bodies of the municipal-
County. ity and the County.
(Ord. No. 2005-54, § 24; Ord. No. 2015-38, § 7) (Ord. No. 2009-56, § 3)
Secs. 118-109-118-130. Reserved. Sec. 118-134. Construction and interpreta-
tion.
ARTICLE V. RECYCLING PROGRAM* This Ordinance shall be liberally construed in
Sec. 118-131. Intent and purpose. order to effectively carry out the intent and
purpose of the Ordinance. Where any provision
It is the intent and purpose of this Ordinance of this Ordinance refers to or incorporates another
to promote recycling by: (a)requiring businesses,
herein set out.Former Art.V,§§118-131-118-149 pertained
*Editor's note—Ord. No. 2009-56, §§ 1-25, adopted to similar subject matter,and derived from Ord. No. 04-50,
Oct. 27, 2009, amended Art. V in its entirety to read as §§ 1-19, adopted 2004.
Supp. No. 85 CD118:26.3
§ 11S-134 COLLIER COUNTY CODE
provision,statute,rule,regulation or other author-
ity, this Ordinance refers to the most current
version,including and incorporating any amend-
ments thereto or renumbering thereof.
(Ord. No. 2009-56, § 4)
Sec. 118-135. Definitions.
For the purposes of this Ordinance,the defini-
tions contained in this section shall apply unless
otherwise specifically stated. When not
inconsistent with the context, words used in the
present tense include the future tense, words in
the plural number include the singular, and
words in the singular number include the plural.
The word "shall" is always mandatory and not
merely discretionary.
Pursuant to F.S. § 403.7031, all definitions in
this section shall be construed in a manner that
is consistent with the definitions contained in
F.S. § 403.703. In the case of any apparent
conflict or inconsistency with the definitions
contained in F.S. § 403.703, the statutory defini-
tion shall apply.
ti Board means the Board of County Commis-
sioners of Collier County, Florida.
Supp. No. 85 CD118:26.4
SOLID WASTE § 118-135
Certificate of Operation means the license Generator means each business, multi-fam-
that a contractor must obtain from the County ily property, temporary event organizer, venue
before it can collect recyclable materials in the facility, not-for-profit organization and institu-
County. tion (i.e., all persons except individuals) that
Code Enforcement Board means the Collier generates one or more recyclable materials as a
County Code Enforcement Board, which may result of its activities.
act as the Collier County nuisance abatement Hazardous Waste means solid waste, or a
board from time to time, and which is autho-
rized to hear and decide cases involving viola combination of solid wastes, which, because of
tions of any County Code or Ordinance. its quantity, concentration, chemical or physi-
cal characteristics, may cause or significantly
Code Enforcement Officer means any autho- contribute to an increase in mortality or an
rized agent or employee of the County whose increase in serious irreversible or incapacitat-
duty it is to assure code and ordinance compli- in reversible illness,or may
y pose a substantial
ance. present or potential hazard to human health or
Collect means to gather or pick up recyclable the environment when improperly transported,
materials for transport and delivery to a recy- disposed of, stored, treated, or otherwise man-
cling facility. aged. Hazardous waste includes any material
or substance identified as a hazardous waste or
Contractor means a person who collects or hazardous substance in the Florida Adminis-
transports recyclable materials. trative Code, Florida Statutes, or other appli-
County means Collier County, Florida. cable laws.
County Manager means the County Materials Recovery Facility means a solid
�•/ Man-
ager of Collier County or the County Manager's waste management facility that provides for
designee. the extraction from solid waste of recyclable
Customer means an owner or generator that materials, materials suitable for use as a fuel
enters into a service agreement with a contrac- or soil amendment,or any combination of such
tor for recycling services. materials.
De Minimis Amount means the amount of Multi-Family Property means a group of
solid waste which lawfully may be included in three or more dwelling units within a single
separated recyclable materials. A De Minimis conventional building,attached side by side,or
Amount of Solid Waste is 10 percent,by volume one above another, and wherein each dwelling
or weight, whichever is more restrictive, as unit may be individually owned or leased ini-
determined by a measurement or a visual in- tially on land which is under common or single
spection by the County Manager. ownership.
Dwelling means any building,or part thereof,
intended, designed, used, or occupied in whole Non-Residential Property means real prop-
or in part as the residence or living quarters of erty located in Collier County and used prima
one or more persons, permanently or tran rily for:(1)commerce,including but not limited
siently, with cooking and sanitary facilities. to offices, stores, restaurants, motels, hotels,
Such term shall not mean a room in a motel or recreational vehicle parks, theaters, and ser-
hotel. vice stations; (2) not-for-profit organizations;
and (3) institutional uses, including, but not
Garbage means all kitchen and table food limited to, governmental facilities, churches,
waste, and animal or vegetative waste that is hospitals and schools.
attendant with or results from the storage,
preparation,cooking,or handling of food mate- Ordinance means this County Ordinance
rials. No. 2004-50, as amended.
Supp. No. 27 CD118:27
�18-135 COLLIER COUNTY CODE
Organic Waste means garbage or other sim- Recycling means any process by which solid
liar putrescible solid waste, including source waste, or materials which would otherwise
separated food waste and food-soiled paper. become solid waste, are collected, separated,
Organic waste does not include yard trash. processed, and reused or returned to use in the
Owner means a person who owns non- form of raw materials or products.
residential property, multi-family property, or
a venue facility. An owner also may be a gen- Recycling Facility means any facility that
recycles recyclable materials,including but not
erator. limited to buy back centers, drop-off centers
Person means any and all persons, natural (both permanent and mobile),designated County
or artificial, including any individual, firm, recycling centers, materials recovery facilities
partnership, joint venture, public or private and recovered materials processing facilities.
corporation,or other association,or any combi-
nation thereof,however organized;any county; Residential Unit means a single-family res-
and any local, state or federal governmental idence, or duplex residence.
agency.
Restaurant means any bar, tavern or other
Primary Recyclable Material means recycla- eating or drinking establishment where food or
ble material that is generated in an amount beverages are prepared, served, or sold for
greater than 96 gallons per month. profit, either for immediate consumption on or
Recovered Materials means metal, paper, in the vicinity of the premises, or called for or
glass, plastic, textile, or rubber materials that taken out by customers, or prepared prior to
have a known recycling potential,can be feasi- being delivered to another location for consump-
bly recycled,and have been diverted and source tion.
separated or have been removed from the solid
waste stream for sale, use, or reuse as raw Self-Hauling Certificate means a written cer-
materials,whether or not the materials require tification by an owner or generator that attests
subsequent processing or separation from each that the owner or generator is collecting and
other, but does not include materials destined transporting recyclable materials to a recycling
for any use that constitutes disposal. Recov- facility.
ered materials as described above are not solid
waste. Service Agreement means a written agree-
ment between a contractor and an owner or
Recovered Materials Processing Facility means generator concerning the collection of recycla-
a facility engaged solely in the storage,process- ble materials.
ing, resale, or reuse of recovered materials.
Recyclable Materials means those materials Solid Waste means sludge unregulated un
that are capable of being recycled,which would der the Federal Clean Water Act or Clean Air
otherwise be processed as solid waste, and are Act, sludge from a waste treatment works,
designated by the Board pursuant to Section water supply treatment plant, or air pollution
Six of this Ordinance [Section 118-136,herein], control facility, or garbage, rubbish, refuse,
special waste, or other discarded materials,
Recyclable Materials Container means any including solid, liquid, semisolid, or contained
container for the collection of recyclables, in- gaseous material resulting from domestic, in-
cluding but not limited to, recycling bins,recy- dustrial, commercial, mining, agricultural, or
cling carts,dumpsters,roll-offs, or compactors, governmental operations. Solid waste includes
made of metal, hard plastic or other similar but is not limited to biological waste, biomedi-
material. Containers must be constructed in a cal waste,bulk waste, C&D debris,commercial
manner that protects property and the environ- waste, disaster debris, electronic equipment,
ment from leakage, spillage, and overflow of garbage, hazardous waste, land clearing de-
any type of recyclable materials. bris, organic waste, radioactive waste, recycla-
Supp.No.27 CD118:28
SOLID WASTE § 118-137
ble materials (until they are recycled), rejects, of the recyclable materials that the generators
residential waste, residue, rubbish, special have designated pursuant to Subsection (b), be-
waste, tires, white goods, and yard trash. low; and (2) arrange for collection services of
Special Magistrate means a person autho recycling materials placed in the recyclable mate-
rized by the Board to hear and decide cases rials containers or self haul and transport those
involving violations of any County codes and/or
materials to a recycling facility.
ordinances. (b) Each generator shall recycle all of the pri-
Substantial Hardship means a demonstrated mary recyclable materials that it produces. At
economic, technological, legal, or other type of least once each year, each generator shall: (1)
hardship. consider the list of recyclable materials desig-
nated by the County pursuant to Section Six of
Temporary Event means any event requir- this Ordinance [Section 118-136, herein]; (2)con-
ing:(1)a permit or license pursuant to Chapter sider the types of recyclable materials generated
10 of the Code of Laws and Ordinances of by its activities on non-residential property; (3)
Collier County, Florida; or (2) a permit pursu- identify the primary recyclable materials that the
ant to Sections 5.04.05 or 5.04.06 of the Collier generator produces; and (4) identify (i.e., desig-
County Land Development Code; or (3) any nate) the primary recyclable materials that the
event requiring a permit or license from the generator must recycle. Thereafter, each genera-
Health or Fire Departments. tor shall separate the designated primary recycla-
Venue Facility means any building or other ble materials from the generator's solid waste,
permanent facility used for temporary events. and place the designated primary recyclable ma-
A venue facility may be owned by the govern- terials in recyclable materials containers pro-
ment, a person, or a non-profit organization. vided for collection.
(Ord. No. 2009-56, § 5) (c) If a generator's activities do not produce
any primary recyclable materials, the generator
Sec. 118-136. Designation of recyclable ma- shall designate and recycle one or more recyclable
terials. material in the manner described in Subsection
For the purposes of this Ordinance, recyclable (b), above, unless the generator is exempt pursu-
materials means paper, cardboard, glass, plastic ant to Subsection 118-141(a), below.
(Numbers. 1 through 7), aluminum, and ferrous (d) Each generator shall coordinate with the
metal. The Board may designate other materials
owner of the non-residential property where the
(e.g., organic waste)as recyclable materials if the generator's activities occur, and each owner shall
Board determines that a market exists for such coordinate with the generator on its non-residen-
materials and a cost-effective system is in place tial property, to ensure that the generator's recy-
for recycling such materials. Materials shall be clable materials are taken to a recycling facility.
deleted from this list of recyclable materials if the
Board determines that a market no longer exists (e) No person shall dispose of recyclable mate-
or a cost-effective system is no longer in place for rials that have been separated from solid waste
recycling such materials. pursuant to Subsections (b) or(c), above.
(Ord. No. 2009-56, § 6)
(f) No person shall place solid waste, or haz-
Sec. 118-137. Minimum standards for recy- ardous waste in a recyclable materials container.
cling on non-residential prop-
erty. (g) No person shall cause litter or a nuisance.
Each person shall take all necessary steps to
(a) Each owner shall: (1) provide recyclable ensure that their own recycling activities do not
materials containers on the owner's non-residen- cause litter or a nuisance. Each person shall
tial property so the generators located on the immediately pick up any litter and eliminate any
owner's non-residential property may recycle all nuisance caused by their activities.
Supp.No. 27 CD118:29
L'18-137 COLLIER COUNTY CODE
(h) Each owner shall, upon request, provide (b) Each owner shall display prominent signage
the County Manager with a copy of a service indicating the location of recycling collection con-
agreement, or self-hauling certificate with re- tainer locations.
ceipts from a recycling facility demonstrating that
the primary recyclable materials generated on (c) Each owner shall provide printed recycling
the owner's non-residential property are being education informational materials to residents at
taken to a recycling facility. The service agree- a minimum of two times per year.
ment, or self-hauling certificate, shall be avail-
able for inspection by the County Manager at the (d) No person shall dispose of recyclable mate-
owner's non-residential property during -normal rials that have been separated from solid waste.
business hours. The owner shall mail or deliver
these documents to any generator located on the (e) No person shall place solid or hazardous
owner's non-residential property,within fourteen waste in a recycling collection container.
(14) days, if the generator requests the docu-
ments. (f) Each owner shall take all necessary steps to
(i) Each generator shall,upon request,provide ensure that recycling activities do not cause litter
the County Manager with a copy of a service or a nuisance. Each owner shall immediately
agreement, or a self-hauling certificate with re- pick-up any litter and eliminate any nuisance
ceipts from a recycling facility demonstrating that caused by any recycling activity.
the generator's primary recyclable materials are
being taken to a recycling facility. The service (g) Each owner shall annually provide the Col-
agreement or self-hauling certificate and other Tier County Solid Waste Management Depart
documents shall be available for inspection by the ment current contact information for all multi
County Manager at the generator's non-residen family property.
ial property during the generator's normal busi- (h) The County's exclusive franchised contrac-
ess hours. tor for the collection of residential program
(j) An owner may satisfy its obligations under recyclables includes the collection of program
this Ordinance by performing the required activ- recyclables generated by those customers that
ities itself or by using the services of a contractor occupy multi-family residences, even if the cus-
or other person who complies with the require- tomers receive non-curbside residential collection
ments of this Ordinance.However, notwithstand-
ing anything else contained herein, the owner service.
shall be responsible for ensuring and demonstrat- No. 2009-56, § 8)
ing its compliance with the requirements of this
Ordinance. Sec. 118-139. Minimum standards for recy-
(k) A generator may satisfy its obligations un-
der this Ordinance by performing the required
activities itself or by using the services of a (a) Any person seeking a permit for a tempo-
contractor or other person who complies with the rary event within Collier County shall complete
requirements of this Ordinance.However,notwith and submit with their permit application the
standing anything else contained herein, each Solid Waste Management Department's Tempo
generator shall be responsible for ensuring and rary Special Event Recycling Plan. In addition,
demonstrating its compliance with the require- promotional literature, signage and temporary
ments of this Ordinance. event announcements shall contain information
(Ord. No. 2009-56, § 7) about recycling at the temporary event.
Sec. 118-138. Minimum standards for recy- (b) The Solid Waste Management Department
cling on multi-family property. shall review the Temporary Special Event Recy-
(a) Each owner shall: (1) provide recyclable cling Plan and determine whether the plan in-
materials collection containers on the owner's cludes reasonable measures to promote recycling,
multi-family property; and (2) arrange for recy- especially for paper,cardboard,and beverage con-
cling collection services. tainers made of plastic, glass and aluminum.
Supp. No. 27 CD118:30
SOLID WASTE § 118-142
(c) The County Manager shall be allowed to cling.At a minimum,the Temporary Special Event
attend the temporary event at no charge, solely Recycling Plan shall be designed to promote recy-
for the purpose of assisting with and verifying the cling of paper, cardboard, and beverage contain-
recycling efforts. ers made of plastic, glass, or aluminum. The
owner of a venue facility shall be responsible for
(d) If the temporary event will not generate ensuring that the Temporary Special Event Recy-
more than one, ninety-six(96)gallon container of cling Plan is implemented when the venue facility
non-separated solid waste for disposal,an admin- is used.
istrative variance may be requested from the
requirements to collect recyclable materials. The (b) Venue facility managers are encouraged to
County Manager will establish a procedure for hold a pre-event recycling workshop for vendors
the consideration of an administrative variance and volunteers.
from the requirements in this section if the County (Ord. No. 2009-56, § 10)
Manager concludes a good faith effort has been Sec. 118-141. Exemptions from recycling
made to satisfy the requirements herein. standards.
(e) The permittee shall provide at least one (a) An exemption may be allowed where corn-
recyclable materials collection container for each pliance with the ordinance would result in unnec-
solid waste container provided at the temporary essary hardship to the business and the need for
event.The recyclable materials collection contain- an exemption would not be shared generally by
ers shall be clearly labeled and placed in the same other businesses. All exemptions are to be con-
locations as each solid waste container. The per- strued as temporary, for a period of one (1) year,
mittee shall arrange for the contents of the recy- and shall be considered withdrawn on the first to
clable materials collection containers to be deliv- occur of: (a) a change in the condition(s) which
ered to a recycling center or similar facility. prompted the exemption; or (b) the expiration of
the time period granted in the exemption. Should
(f) If the permittee self-hauls recyclables from an exemption be withdrawn because the time
temporary events to a recycling center or similar period has expired, an applicant may apply for
facility, the permittee shall deliver a copy of the renewal of the exemption.
recycling center/facility receipt to the Solid Waste (b) Notwithstanding any other provision herein,
Management Department by fax, email or mail an owner shall be exempt from the requirements
within 30 days of the event. of this Ordinance if: (1) all of the generators on
(g) All temporary event organizers are encour- the owner's non-residential property are exempt
aged to hold a pre-event recycling workshop for from or not required to comply with the provisions
vendors and volunteers. of this Ordinance; or (2) primary recyclable ma-
(Ord. No. 2009-56, § 9) terials are not being generated by any activities
occurring on the owner's non-residential property.
Sec. 118-140. Minimum standards for recy- (c) Notwithstanding any other provision herein,
cling at venue facilities. a generator shall not be required to recycle a
recyclable material if the generator demonstrates
(a) The owner of each venue facility shall pre- to the County Manager that there is no collection
pare and implement a Temporary Special Events service available for recycling such material.
Recycling Plan. The Temporary Special Events (Ord. No. 2009-56, § 11)
Recycling Plan shall require recycling during each
temporary event and other lawful uses of the Sec. 118-142. Extraordinary and innovative
venue facility. The Temporary Special Events recycling.
Recycling Plan must be submitted annually to the (a) All owners, generators, and any person
Solid Waste Management Department.The County organizing a temporary event, including those
Manager shall review the Temporary Special Event who are exempt from some or all of the require-
Recycling Plan to determine whether the plan ments in this Ordinance, are encouraged to recy-
includes reasonable measures to encourage recy- cle all of their recyclable materials.
Supp.No. 27 CD118:31
18-1.42 COLLIER COUNTY CODE
(b) Owners, generators, and any person orga- Sec. 118-145. Evaluation of non-residential,
nizing a temporary event are encouraged to work multi-family,temporary event,
with the County to develop new and innovative and venue facility recycling
methods to recycle other recyclable materials, programs.
such as organic waste. As needed,the County Manager shall provide a
report to the Board concerning the County's recy-
(c) All municipalities in Collier County are cling program for non-residential property,multi-
encouraged to adopt and implement recycling family property, temporary events and venue fa-
programs for the non-residential properties,multi- cilities.The report shall address the effectiveness
family properties, temporary events, and venue of the County's recycling programs for non-
facilities located within the municipalities' corpo- residential property, multi-family property, tem-
rate boundaries. If requested, the County Man- porary events and venue facilities, the general
ager shall provide advice and technical assistance costs and benefits associated with these pro-
with the development of the recycling programs grams, and any changes that should be imple-
for these municipalities. mented to improve the effectiveness of the pro-
(Ord. No. 2009-56, § 12) grams.
(Ord. No. 2009-56, § 15)
Sec. 118-143. Awards program for recycling Sec. 118-146. Recycling service agreements.
on non-residential property.
multi-family property, tempo- A contractor shall provide a written service
rary events and at venue facil- agreement to a customer before the contractor
ities. begins to collect that customer's recyclable mate-
rials. The service agreement shall describe the
v The County Manager is hereby authorized to services to be provided by the contractor, the fees
establish and implement and awards program to to be paid by the customer,and the other terms of
recognize owners, generators, and any person the parties' agreement.
organizing a temporary event in the County that (Ord. No. 2009-56, § 16)
implements exceptional or innovative recycling
programs for non-residential property, multi- Sec. 118-147. Temporary event, and venue
family property,at temporary events and at venue facility collection service agree-
facilities.
ments.
(Ord. No. 2009-56, § 13) Any contractor engaged by the organizer of a
temporary event to provide solid waste and/or
Sec. 118-144. Recycling education and pro- recycling collection service is required to submit a
motion program. copy of the invoice to the Solid Waste Manage-
ment Department within thirty (30) days after
The County Manager is hereby authorized to submittal of the invoice to the contracting party.
establish and implement a recycling education Each invoice will contain an estimate of the
municipal solid waste and/or recyclables gener-
and promotion program for owners, generators,
and any person organizing a temporary event in ated at the event.
the County. The education and promotion pro (Ord. No. 2009-56, § 17)
gram may include, but is not limited to, public Sec. 118-148. Standards for recycling con-
workshops, public service announcements, multi- tractors.
media advertising, and direct mailings concern-
ing the methods and benefits of recycling on (a) The County Manager shall approve a stan-
non-residential property, multi-family property, dard form that will be used as the County's
temporary events and venue facilities. Certificate of Operation. The Certificate of Oper-
(Ord. No. 2009-56, § 14) ation shall contain the conditions and limitations
Supp.No.27 CD118:32
SOLID WASTE § 118-148
that are deemed appropriate by the County Man- tunity for a hearing, that a contractor has vio-
ager.The Certificate of Operation shall remain in lated the provisions in a Certificate of Operation
effect for a period of one (1) year, and must be or any applicable law.
submitted annually from the date of submission
unless the Board approves a longer duration by
resolution. (f) A contractor shall provide each of its cus-
tomers with recyclable materials containers that
(b) No person may collect or transport recycla- are sufficient to accommodate the quantity and
ble materials in the County for profit unless such types of recyclable materials that will be recycled
person has obtained a Certificate of Operation by the customer.
from the County's Solid Waste Management De-
partment. However, a certified recovered materi-
als dealer, as defined in F.S. § 403.7046, is not (g) A contractor shall conduct all of its activi-
required to obtain a Certificate of Operation be- ties in accordance with all applicable laws and
fore engaging in business in the County. best management practices. A contractor's vehi-
cles,equipment,and collection containers shall be
(c) A not for-profit person is not required to
kept in a clean and well-maintained condition.
obtain a Certificate of Operation before collecting
or transporting recyclable materials in the County.
(d) Any person may file an application with (h) A contractor shall not take a customer's
the Solid Waste Management Department for a recyclable materials to a landfill or other site for
Certificate of Operation. The application shall be disposal, unless the contractor has received a
submitted on the form prepared by the County variance pursuant to Section 21 of this Ordinance
Manager. The applicant shall provide all of the [Section 118-151, herein].
information and documentation requested by the
County Manager,including but not limited to the (i) Unless exempt from this requirement pur-
following: suant to Chapter 62-722, Florida Administrative
(1) The name,address and telephone number Code, a contractor shall provide quarterly reports
of the applicant; to the County identifying, at a minimum, the
types and amounts of recyclable material it col-
(2) A description of the vehicles that the lected, and each recycling facility to which the
applicant will use to collect recyclable recyclable material was taken. The County Man-
materials,including the make,model,and ager may require the contractor to provide such
serial number of each vehicle; and other information as the County Manager reason-
(3) A written statement certifying that the ably determines is necessary, provided such re-
applicant has reviewed and will comply quest is consistent with the provisions of Chapter
with all of the requirements in the Certif- 62-722, Florida Administrative Code.
icate of Operation and this Ordinance.
(e) If the County Manager determines that the (j) A contractor shall not provide collection
applicant complies with the terms of this Ordi- services prior to 6:00 a.m. or after 6:00 p.m. for a
nance and all applicable laws, the County Man- property located within two hundred(200)feet of
ager shall grant a Certificate of Operation. The a dwelling unless otherwise authorized by the
County Manager shall deny an application for a County Manager. Contractors may provide ser-
Certificate of Operation if the County Manager vices at other locations at any reasonable time,
determines that the applicant does not comply subject to approval by the County Manager. Con-
with the terms of this Ordinance or other appli- tractors shall not provide collection services on
cable law. The County Manager may revoke a Sundays unless otherwise authorized by the County
Certificate of Operation if the County Manager Manager.
determines, after providing notice and an oppor- (Ord. No. 2009-56, § 18)
Supp.No.27 CD118:33
L.:18-149 COLLIER COUNTY CODE
Sec. 118-149. Self-hauling. (d) The Self-Hauling Certificate shall contain
a written statement, signed by the owner or
(a) If an owner collects the recyclable materi-
generator, certifying that the owner or generator
als generated on its non-residential property, at is in compliance with the requirements of this
temporary events,or at venue facilities and trans- Ordinance.
ports those materials to a recycling facility,with-
out using a contractor, the owner shall prepare a (e) The County Manager may restrict or pro-
Self-Hauling Certificate for the County Manager. hibit self-hauling by a person if the County Man-
(b) If a generator collects and transports its ager determines, after providing notice and an
recyclable materials to a recycling facility, with- opportunity for a hearing, that the person's self-
out using a contractor, the generator shall pre- hauling activities violate the provisions of this
pare a Self-Hauling Certificate for the County Ordinance or any other applicable law.
Manager. (Ord. No. 2009-56, § 19)
(c) The County Manager shall approve a stan-
dard form that shall be used as a Self-Hauling Sec. 118-150. County recycling centers and
Certificate.At a minimum, the owner or genera hazardous waste collections.
for shall provide the following information in the
Self-Hauling Certificate: (a) The County has established recycling cen-
ters for the benefit of the community. The County
(1) The name, address, telephone number may impose conditions and limitations upon any
and email address of the owner or gener- person that wishes to use the County's recycling
ator that is signing the Self-Hauling Cer- centers, including limitations on the types and
/ tificate; amounts of recyclable materials that will be ac-
L" (2) The address of the non-residential prop- cepted at the recycling centers. The County also
erty, temporary event or venue facility may charge fees for the use of its recycling cen-
where the recyclable materials are gener- ters. The conditions, limitations, and fees appli-
ated; cable to the recycling centers shall be established
by resolution of the Board.
(3) The names of the generators that are
transporting recyclable materials pursu- (b) The County may maintain Hazardous Waste
ant to the Self-Hauling Certificate; Collection Centers and may, periodically, host
(4) A brief description of the activities or special roundups to accept hazardous materials
businesses that are generating the recy from residents,including pharmaceuticals for Op-
clable materials; eration Medicine Cabinet for proper disposal.
(5) A list of the types of recyclable materials (c) Conditionally exempt and small quantity
that are being transported and an esti- generators may bring hazardous materials to the
mated tonnage or yardage value for each recycling centers upon appointment with the haz-
type of recyclable material being taken ardous materials collection and/or disposal com-
from the non-residential property,tempo- pany.Acceptance of the hazardous materials and
rary event,or venue facility to a recycling payment for this service will be the responsibility
center; of the hazardous material collection and/or dis-
(6) The name and address of the recycling Aosal company and the generator.
facility; and
(d) A contractor shall not deliver recyclable
(7) The Occupational License number(s) for materials or solid waste to the County's recycling
the non-residential property or venue fa- centers, unless the deliveries are approved in
cility, and/or event permit number(s) for advance by the County Manager.
temporary events. (Ord. No. 2009-56, § 20)
Supp.No. 27 CD118:34
SOLID WASTE § 118-153
Sec. 118-151. Variances. facilities for the purpose of determining compli-
ance with the requirements of this Ordinance.
(a) The County Manager shall grant an admin- The County Manager also is authorized to inspect
istrative variance from the requirements in this any vehicle, equipment or collection container
Ordinance when an owner, generator or other used to collect or transport recyclable materials in
person demonstrates that the application of the the County for the purpose of ensuring that the
Ordinance would create a substantial hardship. vehicle, equipment or container is not producing
(b) Any owner or generator who demonstrates litter or leaking liquids or other residuals during
that, due to site specific conditions, the owner or transport.
generator cannot simultaneously comply with this (b) It shall be prima facie evidence of a viola
Ordinance and the provision of any section of the tion of this Ordinance if an owner or generator
Collier County Land Development Code or the fails to have a recyclable materials collection
provision of a duly adopted planned unit develop container in use on their non-residential property,
ment, may seek a variance pursuant to Section multi-family property, temporary event or venue
9.04.00 of the Land Development Code. In the
alternative, the County Manager may grant an facility.
administrative variance from the requirements of (c) To provide the public with a reasonable
this Ordinance. opportunity to comply with this Ordinance, the
(c) An application for an administrative vari County shall not seek any penalties for violations
ance pursuant to this Ordinance shall be submit- of this Ordinance amendment that occur within
ted to the County Manager on a form prescribed six months of the effective date of this Ordinance
by the County Manager. An application for a amendment. The deadline for compliance with
variance from the County's Land Development this Ordinance may be postponed by resolution of
Code pursuant to this Ordinance, shall be gov- the Board.
erned by Section 9.04.00 of the Collier County (d) The County Manager shall have the power
Land Development Code. The fee for a variance to enforce the provisions of this Ordinance through
shall be established by resolution of the Board. the County's Code Enforcement Board or Special
(d) Pursuant to Section Five of the 2004 Land Magistrate using the enforcement process and
Development Code adopting Ordinance (Ordi- penalties established by the Collier County Con-
nance No. 2004-50), the requirements of Section solidated Code Enforcement Ordinance,as it may
4.05.04(minimum requirements for parking spaces) be amended or replaced. The County Manager
and Section 4.06.00 (minimum requirements for also may enforce this Ordinance by using any
visual screening) of the Land Development Code other enforcement procedure that is approved by
do not apply to a person that filed an application the Board in the future pursuant to a County
for a site plan approval before July 29, 2005 the Ordinance.
effective enforcement date of this Ordinance, but (Ord. No. 2009-56, § 22)
only if and only to the extent that the person's
compliance with this Ordinance precludes the Sec. 118-153. Conflict and severability.
person from complying with the requirements in
Sections 4.05.04 and 4.06.00 of the Land Devel- In the event this Ordinance conflicts with any
opment Code. other ordinance of Collier County, the more re-
(Ord. No. 2009-56, § 21) strictive shall apply. If any phrase or portion of
this Ordinance, or the particular application
Sec. 118-152. Inspections, enforcement and thereof, shall be held invalid or unconstitutional
penalties. by any court,administration agency or other body
with appropriate jurisdiction, the remaining sec-
(a) The County Manager is authorized to con- tion, subsection, sentences, clauses, or phrases
duct inspections on non-residential property,multi- and their application shall not be affected thereby.
family property,at temporary events and at venue (Ord. No. 2009-56, § 23)
Supp.No.27 CD118:35
L 18-154 COLLIER COUNTY CODE
Sec. 118-154. Inclusion in the County's Code
of Laws and Ordinances.
The provisions of this Ordinance shall become
and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sec-
tions of the Ordinance may be renumbered or
relettered to accomplish this goal, and the word
"ordinance"may be changed to"section","article",
or any other appropriate word.
(Ord. No. 2009-56, § 24)
Sec. 118-155. Effective date.
This Ordinance shall become effective upon
receipt of notice of its filing from the office of the
Secretary of State of the State of Florida.
(Ord. No. 2009-56, § 25)
V
Supp.No.27 CD 118:36
Chapters 119-121
RESERVED
CD119:1