Ordinance 98-068 ORDINANCE NO. 98- 68
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING
THE DEFINITIONS OF "COMMERCIAL PROPERTY" AND
"RESIDENTIAL UNITS" IN ORDINANCE NUMBER 90-30, AS~_.i
AMENDED, BEING THE COLLECTION AND DISPOSAL
MUNICIPAL SERVICES BENEFITS ORDINANCE, AND HEREBY
DEFINE AS '"COMMERCIAL PROPERTY" SINGLE FAMILY
RESIDENCES, WITH OR WITHOUT GUEST HOUSES, DUPLEXES,
AND ALL OTHER UNITS THAT SHARE IN COMMON A
DUMPSTER, BULK LOADER OR SUBSTANTIALLY SIMILAR
SOLID WASTE COLLECTION CONTMNER; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 90-30, as mended, (being Article IV, Division
I of Chapter 118, of the Collier County Code) excludes from the definition
"Commercial Properly" single family residences, duplexes, triplexes, and
fourplexes that are not under one commonly shared roof; and
WHEREAS~ Ordinance No. 90-30, as amended, defines all "guest houses"
as "noncommercial properly"; and
WHEREAS, to achieve more equity in the application of "similar rates for
similar services", single family residences, with or without guest houses, triplexes,
fourplexes, and any other units that share a dumpster, bulk loader, or substantially
similar container for collection of solid waste by or on behalf of Collier County
are hereby classified to commercial property; and
WHEREAS, Notice of the public hearing at which the Board of County
Commissioners shall consider whether to enact this Ordinance has been achieved
pursuant to the requirements of subsection 197.3632(4)(b), Florida Statutes, by
mailing the required written notice by first class mail to the owners of units that
will have their solid waste collection rates charged by application of this
Ordinance if this Ordinance should be enacted into law, which notice concurrently
Words ~ are added; words stmsk-fima~h are deleted.
meets the "Adoption of Ordinance" notice requirements for one public hearing
pursuant to subsection 125.66(2)(a), Florida Statutes; and
WHEREAS, the Board of County Commissioners has received written
objections and has heard testimony from all interested persons who presented to
the Board such objections and/or testimony, and after having considered such
information in accordance with subsection 197.3632(4)(c), Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE.. Section One of Collier County Ordinance No. 90-30,
entitled "Definitions" as amended by Ordinance No. 91-36 and by Ordinance No.
95-78, is hereby further amended to amend the definition of "Commercial
Property" as follow, s:
Commercial Property means hotels, motels, multi-family and single family
residences (with or without a guest house) which receive bulk collection service
(dumpster. bulk loader) or any other prope~_ receiving such service;
..... A · ....,. ............~ ......x. recreational vehicle parks mobile home parks
containing mobile homes, excluding those mobile homes not located in mobile
home parks that arc considered real property under the state constitution and state
law; all commercial manufacturing, agricultural, industrial and institutional
enterprises; also, any building or structure containing a dwelling unit or units that
is fumishcd, with or without rent, as an instant of employment, regardless of the
number of dwelling units under one common roof, which is located upon real
property that is the site of said employment and upon which are located buildings
or structures otherwise treated as commercial propcr~ under the terms of this
section.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event that this Ordinance conflicts with any other ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or
portion of this Ordinance is held to be invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deerned a separate, distinct and
Words underlined arc added; words ,la.,sk-41mmSh ar~ deleted.
2
independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE. INCLUSION IN THE 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 sections of this
Ordinance may be renumbered or relettered to accomplish such, and the word
"Ordinance" may be changed to "section", "article", or other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
The waste collection rate changes caused by application of this Ordinance shall be
applied to all affected units as soon as practicable pursuant to the applicable
prerequisite requirements of Chapter 197, Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County Cornmissionen
of Collier County, Florida, this q'fl day of ......./~?,.o._~,~" ,1998.
'A'rn3 i" '.,...,
· '~ DWIGHT .E.' BROCK, ,Clerk BOARD OF COUNTY COMMISSIONERS
· ./.'. 7. By: 3'ff~.~. OF COLLIER COUNTY, FLORIDA
Approy.e.d.'as'ti~ form'and ~is oralsre-c, ril~.~ ~,"~ ~
and ocknew!t-doeme f thct
tant o'un y
Assis ty Attorney
Word~ underlined arc added; word~ ~ are dclctcd.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Oollier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 98-68
Which was adopted by the Board of County Commissioners on the 4th day
of August, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 6th day of August, 1998.
Clerk of Courts an~,"C~?i.! '$' L':,i ,;.~ .",.
Ex-officio to Board. ~f':-.:'., ,{=' ,. i'j>.',. "'.' ~ ~
County Commissionee' :'. ; ~i={. !i& '~;..,~~ :: .': ~