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Ordinance 95-78 AN ORDINANCE AHL~DING COLLIER COUNTY ~"' ~. ORDINANCE NO. 90-30, AS AMENDED, BY "'C., .. AMENDING CERTAIN DEFINITIONS; PROVIDING THE LEGAL DESCRIPTIONS OF SOLIO WASTE DISTRICT '.' NO. 1 MUNICIPAL SERVICE BENEFIT UNIT AND "' SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE ,, BENEFIT UNIT; AMENDING SECTION BY PROVIDING : FOR A REVENUE FUND; AMENDING SECTIONS EIGHT, NINE, TEN, TWELVE, AND THIRTEEN BY PROVIDING -' '- FOR THE IMPOSITION AND COLLECTION OF THE SOLID WASTE COLLECTION AND DISPOSAL SPECIAL ASSESSMENTS BY THE NON-AD VALOREM METHOD ON THE AD VALOREN TAX BILLS PURSUANT TO CHAPTER 197, FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY{ PROVIDING FOR INCLUSION IN TIlE COLLIER COUNTY CODE OF LAWS AND ORDINANC~ PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, deem~lt appropriate and in the beat interest of Collier County to use the non-ad valorera assessment method for the and collection of the mandatory solid waste collection and disposal services special assessments. NOW, THEREFORE, BE IT ORDAINEl) BY THE BOARD OF COUNTY COMHISSIONERS OF COLLIER COUNI"~, FLORIDA, that: SECTION ONE. Amendments to Section One of Collier County Ordinance No. 90-30, as amended. Section One of Collier County Ordinance No. 90-30, as amended, is hereby amended to read as follows: SECTION ONE: DEFINITIONS For the purposes of this Ordinance, the definitions contained in this Section shall apply unless otherwise specifically stated. When not inconsistent to the context, words used in the present tense lnolude the future, words in the plural number tnolude the singular, and words in the singular number include the plural. The word "shall" always mandatory and not merely discretionary. A. Benefit Unit: Refers to each of the two municipal service benefit units created hereunder. B. Biohazardous Waste: "Biobazardoue waste" means any solid waste or liquid waste which may present a threat of infection to humans. The.ten Includes, but is not limited 1 Words EDdKEI~ are added; words et=-~=h ~-hr=~gh are deleted. to, non-liquid human tissue and body partsi laboratory and veterinary waste which contains human disease=causing agents; discarded sharps~ human blood, human blood products, and body fluids. The following are also lncludeds 1. Used, absorbent materials such as bandages, gauzes, or sponges super-saturated, having the potential to drip or splash, with blood or body ~luids from areas such as operating rooms~ trauma centers, emergency rooms or autopsy rooms] 2. Devices which contain visible blood adhering to inner surfaces after use and rinsing such as intravenous tubing, hssodialysis ~ilters, and catheters. Nedical devices used in the treatment o~ Hepatitts B Virus or Human ImmunodeEiolencyVirus suspected or positive patients shall be sagrated as biohazardous vaste~ and 3. Other contaminated solid waste materials which represent a significant risk o~ tn~ection because they are generated in medical facilities which care for persons suffering from diseases requiring strict isolation criteria and listed by the U.S. Department of Health and Human 2ervlces~ Centers for DIsease Control, sCDCCutdelins for Zsolatton Precautions in Hospitals,s July/August, 1983. C. Biological Wastax Solid waote that causes or has the capability of causing diesass or Infection and includes, but is not limited to, biohazardous waste, diseased or dead animals, and other wastes capable of trannitting pathogsns to human or animals. D. Boards Board of County Commissioners of Collier 2 Words Underlined are added; vords e~ek--~egh are deleted. County, Florida. E. Bulk Containersz Any watertight, portable non-absorbent container equipped with watertight lid or cover and approved by the Board which is used to store two (2) or more cubic yards of solid waste emptied by mechanical means. Y. Clerk~ Clerk of the Circuit Court of Collier County, Florida, acting as the Clerk of the Board. U. Commercial Property: Hotels~ motels~ multi-family residences exceeding four dwelling units under one common roof (except for fee simple-owned townhouses or roy houses), recreational vehicle parks, mobile home parks containing mobile homes, excluding those mobile homes not located in mobile home parks that are considered real property under the Florida Constitution and Florida Btatutes~ all commercial, manufacturing, agricultural, industrial, end institutional enterprises~ also, any building or structure containing a dwelling unit or units that is furnished, with or without rent, as an incident 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 employant and'upon~hich are located buildings or structures otherwise treated as commercial property under the tens of this Section. H. Contractor= Refers to the person, firm, corporation, partnership or entity authorized to collect and transport solid waste in a service area of the County pursuant to a service agreement. I. Customers All persons, fins, corporations, partnerships, or other entities owning or improving residential or commercial property within a benefit unit and all other persons subscribing to or required to use the solid waste collection and disposal service as provided by this Ordinance. 3 Words ~ are addedl words e~~h are deleted. J. Dwelling Unit: A residential unit with kitchen facilities Including houses, apartments, efficiency apartments, and mobile homes. Such term shall not mean a room in a motel or hotel. K. Carbags= All putrescrible wastes and all animal or vegetable refuse or residue from the preparation of food or any decayed or unsound meat, fish or vegetable; including the packaging used In the preparation of food stuffs. L. Cuest House: Refers to a non-commercial residential quest accommodation facility ancillary to a single-family dwelling unit, which may be a free standing dwelling unit or structurally integrated with the main dwelling unit. For purposes of this Ordinance, no dwelling unit shall qualify as a quest house if it Is larger than forty percent (4Or) of the size of the principal dwelling, unless if larger than forty percent (40%), Is determined by the County Na~~that said facility is for all intents and purposes a quest house as otherwise contemplated hersin. M. Hazardous Waste= Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed stored, treated, or otherwise managed, N. Inert Waste Materials: Refers to brick, block, conerats, rock, stone, earth, and sand free from contamination of other types of wastes and capable of serving as a fill material without harm to or pollution of groundwaters or surface waters. 4 Words ~ are addadS words e%~ek-~4~'~ are deleted. O. ~unk$ Any tangible item such as furniture, appliances, bicycles, (excluding motor vehicles, boats and boat trailers), wet cell batteries, used tires or similar property not having a useful purpose to the ovner or abandoned b~ the c~mer. P. Hulti-family Residence= Xny building or structure consisting of more than one dvelling unit. Q. Rate Resolutionz Refers to the resolution adopted by the Board under provisions of Section 9 and Collier County ~dinancs Ho. S4-31 incorporating a schedule of the annual solid waste collection and disposal special assessments Sobs imposed upon the o~ners of all residential units in the benefit unit for the forthcoming fiscal year (from October 1 ~hr~uah September 30 o~ each year1. Such resolution shall also establish rates, fees and charges for commercial service by the authorized Contractor(s) as well as rates, fees and charges for disposal at County-authorized facilities. R. Recyclables: Those materials designated by the County by resolution establishing a County program for recycling ~hich shall be collected by the Contractor under this Ordinance. S. Residential Unitsz D~elling units, including single family residences, or individual dwelling units within multi-family residences, but excluding ~uest houses or any building or structure ~dlich constitutes commercial property as defined in this Section. A residential unit shall not be considered to include a recreational vehicle in a recreational vehicle park or a mobile homm in a mobile home park. Recreational vehicles not located in recreational vehicle parks and mobile homes not located in a mobile hue park and which are otherwise considered real property under the Florida Constitution and Florida Statutes, shall be considered residential units for purposes of this Ordinance. Words ~ are addedl words s~aek--tqv~lbare deleted. T, Rubbish: All refuse, accumulation of papers, bottles, cans, excelsior, rags or wooden or paper boxes or containers, s~sep-ups, and all other accumulations of the nature other than garbage, ~hich are usual to housekeeping and to the operation of storss, offices and other business places, U, Service Area= That area se~vedbyths Contractor pursuant to service a~rsement(s), v. Service Year: The annual period of waste collection and disposal commencin~ on aanuary let of each year and endinq December 31st of the same year. The initial service year under this Ordinance shall commence ~anuary 1, 1991. The Service Year shall be from October I throuah Seotem~sr 30 comasheine October 1. 1996 and each year thereafter. W. Sludge: Includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, includin9 wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, ~rsase traps, priviss, or similar waste disposal appurtenances. X. Solid Waste: The garbage, rubbish, ~unk, yard trash or othsr discarded or discharged solid or semisolid materials resulting from domestic, commercial, industrial, agricultural, horticultural, construction, demolition, land clearin~, institutional, or governmental activities, exclusive of hazardous waste, biohazardous waste, biolcs~ical waste and sludge. Y. Special Assessment: Refers to the annual solid waste collection and disposal special assessment imposed upon and applicable to each residential unit in the benefit unit to pay for the costs of collection and disposal of solid 6 · Words ll~l~llAllfdare addedy words ...... '~ ..... ~ are deleted. waste oE the residential units within such benefit unit, including the billing and administrative costs incurred by the County in the administration of this Ordinance. Z, Special Assessment rolls Refers to the annual solid waste collection and disposal special assessment roll. AA. Standard Containers A watertight container made of non-absorbent material provided with closely fitting watertight cover, with handles and of thirty-two (32) gallon or less gross capacity, or a sealed plastic bag of adequate strength to contain the waste materials enclose. The total weight of any container including waste materials enclosed shall not exceed fifty (50) pounds. This definition shall not preclude the use of larger containers for purpose o£ automated or semi-automated services. BB. Yard Trash~ All manner of vegetable and woody matter Including, but not limited to grass, leaves, palm fronds, tree branches and hedge trimmings resulting from a residential unit ovner/tenant's maintenance or commercial lava service, but shall not Include that horticulturalwaste resulting from commercial landscape and tree cutting and removal services. SECTION TWO. Amendments to Section Two of Collier County Ordinance No. 90-30, as amended. Section Two of Collier County Ordinance No. 90-30, as amended, is hereby amended to read as follows~ SECTION TWO~ CREATION, PURPOSE, DECLARATION OF BENEFIT. There are hereby established two (2) municipal service benefit units, (heroinafter referred to as benefit units), pursuant to the authority granted in Chapter 125, Florida Statutes. Said benefit units shall be known as Solid Waste District No. 1, and No. 2, respectively, each of which shall consist of a specific portion of the untncorporated area of Collier County, Florida, excluding those barflat islands, as described in the description of each of said two (2) benefit 7 Words ~ are added~ words :tr~ch thr==g~ are deleted. units~ as set forth in Exhibit "As attached he=ere and incorporatsd hsrsin by reference, The rye ~21 municipal service benefit units are more varticularlv described as follo~s~ BOLZD WABT~ DZSTRZC"I' NO. I HUN/CZPA~ 8EXVZCB BEb~EYZ? UI~ Beatnnlna at the intersection of the Horth line of Section 6. TOvnshtD 48 South. Ranae 25 East also known as the Lee-Collie= County line and the eastern shoreline of the Gulf of Mexico: thence East alone said Lee-Collier County line to the nor~cheast corner of Section 12. TovT1ShiD 48 South. Ranae 26 East: thence South alone the eas~e=l_v line of Ranae 26 East. TernshiD 48 South to the southea§t corner of Section 24. ToVnshiv 48 South. Ranae 26 East; ~;hence eas~ alone the south line o~ Sections 19 and 20. To~rnshin J8 South. Ranae 27 East to the southeast co=net oC. SeCtion 20: thence north alone the east line or Sections 2~. 17 and S or TovnshiD 48 South. Ranae 27 East to the southeas~ co=fie= or Section 5. Ternshie 48 South. Ranee 27 East: thence easterly alone the south line of Sections 4.3. ~Rd I of T~nshJn 48 South. Ranae 27 East to the sOUtheast corner of Section 1. ToYsshin 48 South. Ranqe 27 E~lt~ thence north siena the east line of Section 1. Teensbin 45 ~outh. Ranae 27 East= thence north alone the east line fiecttons 36 and 25. Tc~rnshtD 47 South. Range 27 East to the southeast corner of Section 24. TO~shiD 47 South. Ranae 2~ Eas~: thence easterly alone the south line or Sections 19. 20 and 21. To~nnshiu 47 South. Range 28 East to the southeast corner o~ Section 21. Tovnshtu 47 South. Ranae 28 East; thence southerly alone the vest line of Sections 27 and 34, TovnshtD 47 South. Range 28 East and conttnutna sou:he=Iv a]onq the vest.line or Sections 3.1~. 15.22.27 and 34. TovnshtD48 South. RanQe 28 East: thence south alone the vest line or Sections 3.10. 15.22.27 and Tovnshin 49 South. Ranae 2B East to the southeast corner Section 34; thence easterly alone the south ]the of Sections 34.35 and 36. Tovn;hiD 49 South. Ranae 28 East: thence east alone the south line or To~nshtn 49 South. Ranqe 29 EaSt; and To~rnshim 49 South. Range 30 Eaa~ to the southeast corner or Section 36. Tornshin 49 South. Ranae 30 Eas~. beina also the centerline o~ Allies:or Alley t~ence conttnuina easte=l_v a/one the cents=line or Alliqitor Altey (1-75~ to the northeast corner of Section 4. TernshiD 50 South. Ranae 31 East; thence southerly alone the east section line or Sections 4.9.16.21.28 and 33. Tovnshtu 50 Sou~h. Ranae 31 Eae~: thence southerly alone ~e East section line of Sectiofis 4.9.16.21.28 and 33. TO~nshiD 51 South. Range 31 East: thence southerly alone the east section ]ins of See:lone 4.9.16.21.28 and 33. TovnshtD 52 South. Ran;e 31 East: thence southerly alone the eas~ section line of Sections 4.9.16.21.2S and 33. TQ~nshiD 53 South. Ranae 31 Salt to the Collier-Monroe county liner thence vestsFlY alone the said county line to the easterly shoreline of the Gulf of Mexico: thence Westerly and Northerly alone the vatere of the Gulf of ~exlco to the Lee-Collier county line heine the north line oE~ection 6. Township 48 South. Ranae 25 East and betna the Point o~ eeainntnn. Less and exce~ all the lands located vlthtn the co=rotate limits of the City of Haulee and Everolades CitY. Also. less and exceu~ those barrier islmnds as described in Ordinance No...90-30. as amended. SOLID WAST! DZBTRZCT NO. 2 MUIfrCZPAL BERV/C'rg. BEIFB~Z~ UNX~ We=de Underlined are added; words e~fuek-~)~eueJt~are deleted. ~eatnnin~ at the northwest corner of To~nshlD 47 South. Ranae 27 Mast. Collier County. Floridaf thence east aXon~ the Collier-Lee county line also the townshiP line to the northeast corner of Township 47 South. Ranae 27 Eastt ~;bence north alon~ the Collier-Lee county line also the ranae line to the northwest comer of TowllshiD 46 South. Ranae 28 East; thence east a]on~ the Collier-Hendry ;ounty line also the township line for TOW~IShiDS 45 and 46 South to the northeast corner of TownshiD 46 South. Ra00e 3Q ~ast: thence south alon~ the Coll~er-Hend~ county line Qlso the ranoe l~ne of Ranges 30 and 31 East to the ~outheast corner of ToeshiD 49 South. Ran0e 30 thence west aloha the t~5h~D l~ne for ToesheDs 49 and South to the southwest corner of Section 34. ToeshiD 49 ~Quth. Ranoe 28 East: thence north alon~ the section lines ~o the northwest comer of Section 27. T~shiD 47 South. Ranoe 2SEast: thence west alan; the section lines to the southeast corner of Section 24. ToeshiD 47 South. Remus 27 East: thence south alon~ the Tahoe ]~ne for Ranges 27 and 2~ Ea~t to the southeast corner of Section ~. ToeshiD 48 South. RanQe 27 East~ thence west alamo the sections lines to the southeast corner of Section 5. TMsh~D 48 South. Range 27 Eastt thence south alon~ the section l~nes to the southeast cornet of Section 20. T~nshJD 48 South. Ranoe 27 Mastt thence west alono the section l~nes to the southwest corner of Section 19. T~nsh~D 48 South. Ranas 27 Eastt thence north alon~ the range l~nes for Ranoes 26 and 27 East to the northwest corner of TMShJD 47 South. Ran~e 27 East. beJn~ the Po~nt of ~e ~nefit units here~ ~eated and establ~she~ are for the pu~ose of protecting the health, safety and welfare of the residents of the County; and to provide for solid waste collection and d~s~sal through the le~ of special assessments against residential units, It Is dete~ned ~ the Board that due to the va~lng needs and benefits of cmerc~al ;r~erties ~ reference to sol~d waste collect~o, and d~spoeal, cmerc~a1 pr~ertLee shall not be made the subject of special assessments, order to provide for the publ~c health, safety and welfare w~th~n the ~nef~t units ~t is necessa~ to ;r~lde odeSate solid waste collection an~ disposal of c~erc~al prope~es through the re~lated se~lces of Contractor(s), ~e Board shall provide for sol~d waste collegian through annually re~lated rates, fees or charges for co~ercial properties for solid waste collection. It is here~ declared and dete~ned ~ the Board of County Coa~ss~oners that the solid waste collection 9 Words underlined are added; words ~~h are deleted. disposal services provided pursuant to this Ordinance shall and do constitutsa benefit to all propertiss within ths benefit units squal to or in sxcsss of ths cost of providing such solid vests collection services. SECTION THREE. Amendments to Section Six of Collier County Ordinance No. 90-30, as amended. Section Six of Collier County Ordinance No. 90-30, as amended, is hereby amended to read as lollcyst BECKON SIXJ ~zR~RL~FU1TD. There is hereby established a Solid Waste Special Assessment ~ Revenue Fund# vhich will be divided into two (2) pro~ect accounts, one (1) lot each benefit unit. special assessments and service charges and fees collected pursuant to this Ordinance for solid waste collection and disposal hereunder shall be deposited Into the applicable pro~ect account. The funds in each pro~ect account~htch constitute the ~ Revenue Fund are funds of the Board and will be part of the Board's annual budget. The funds on deposit in each pro~ect account which constitute Revenue Fund shall be used for no purpose other than solid waste collection and disposal for each corresponding benefit unit and related costs incidental thereto, includinq~ but not limited to, enforcement and administration coats. SECTION FOUR. Amendments to Section Eight of Collier County Ordinance No. 90-30, as amended. Section Eight of Collier County Ordinance No. 90-30# as amended, ls hereby amended to read as follovsz SECTION EIGHTS ANNUAL SOLID WAS~ COiLSCiON AND DISPOSAL There le hereby imposed on all residential units within the benefit unite an annual special assessment tot the collection and disposal of solid waste. The amount of such. special assessment for such solid waste collection and disposal shall be the rate established as provided hereino Subsequent to the certification of the Assessment Roll by the 10 Words 32~l{l~Ij~are added; words ~ara deleted. Property Appraiser or the Clark of Courts, or desAgree of the Board, p~rsuant to Chapter 197, Florida Statutes, the Board end the Tax Collector or other Board desiq~ae shall obtain a cop~ of the certified Assessment Roll from the Property Appraiser or the Clerk of Courts covering all taxable properties in Collier County as reflected in the records of the Property Appraiser. Thereafter, the Board or its desires shall cause to be prepared an Independent file or roll which contain those properties as provided by the Property Xppraisar which are subject to the special assessment described harein. Such independent file or roll shall contain su£flciant datail to permit ready identi£1cation o£ such residential units consistent with data contained on the Assessment Roll. The annual Solid Waste Collection and Disposal Suecial Assessment may be lmDosed and collected as · non-ad valorsm assessment ~rs~ant to the ~rocedure as contained in Section 197.3632. Florida Statutes. cosmencinq with the 1996 ad Valorem tax bills. SECTION FIVE. Xse~dments to Section Nine of Collier County ordinance No. 90-30, as amended. Section Nine of Collier County Ordinance No. 90-30, as amended is hereb~ amended to read as follower SECTION NINES M~tUALRATERZSOLUTION. On or before the first day of October, prior to each service year, or as soon thereafter as the said Xsaeas~ent Roll maybe available and the independent file or roll is completed and the amount of revenues necessary to fund the collection of solid waste within the benefit units has been determined, the Board shall hold a public hearin~ to adopt a rate resolution in accordance with the ~rovisions o~ this Ordinance and Collier County Ordinance ~o. 84-31. incorporating a schedule of the annual special assessments to be imposed upon the owners of all residential units in the 11 Words underlined are addedi ~ordse~.-aek-4gtfe~ej~are deleted, benefit units, The annual rats resolution rill also establish rates, fees and charges for c~smercial service by the authorized Contractor(s) as yell as rates, fees and charges for disposal at County authorized facilities. Such schedule shall provide sufficient revenues to fund the collection and disposal of solid waste within the benefit unite. Z~ the Board elects to use the non-ad valorem method of collectina the s~ecial assessments as Dart of the ad valeram tax bills. the Procedures set forth in Section 197.3632~ Florida Statutes. shall be folloved for the adoption of rates. fsss and charass, BZCTXON SIX, Asendesnts to Section Ten of Collier County Ordinance No. 90-30, as seendad. Section Ten of Collier County Ordinance No. 90-30~ as amended Is hereby amended to read as lollors: SECTZON TE~: CERTZFZCXTYON OF RAT~ RESOLDTZO~ Upon adoption by the Board of the rate resolution provided in Section 9 and Collier County Ordinance No. 84-31, the Clerk shall forthvith deliver a certified copy of said rate resolution to the Tax ColXector or other Board desiqnee vho rill be responsible for collection of the special assessment. Based upon said rats resoluticn~ the Tax Collector or other Board designee shall cause to bs prepared an annual solid vases collection and disposal special assessment roll. Such roll shall contain a description of those properties ss provldsd by the Property Appraiser vhlch are subJsc~c to the special assesssent, the name and address of the ovner of each such unit, and the amount of the special assessment applicable to each residential unit. The description of each residential unit shall be in such detail as to peniS ready identification of each unit on the real property assessment roll. ~f the Board elects to use the non-~d valorem method of 12 WordsMillers added3 vords e~e~ek-~e~e~j~ are deleted. GollectinO the special assessments. the Procedures set forth In Section.197.3632. Florida Statutes. shall be followed for ~he adoption of rates. fees and char,as and the rate resolution. SECTION SEVEN. Amendments to Section Eleven of Collier County Ordinance No. 90-30, as amended. Section Eleven of Collier County Ordinance No. 90-30, as amended is hereby amended to read as followsz SECTION ELEVENs SOLID WASTE COLLECTION AND DISPOSAL SERVICE CHARGE PRIOR TO INITIATION OF ANNUAL SPECIAL ASSESSMENT. A solid waste collection and disposal service charge shall be imposed against the owners of all residential unite when Certificates of Occupancy are issued by Collier County. Until an annual assessment is levied against such residential units in accordance with the procedures delineated herein, the amount of such service charge shall be a prorated share of the annual charge. Such charge shall be paid at the time of issuance of a Certificate of Occupancy, transferred into the ~ Revenue Fund. SECTION EIGHT. Amendments to Section Twelve of Collier County Ordinance No. 90-30, as amended. Section Twelve of Collier County Ordinance No. 90-30, as amended is hereby amended to read as followst SECTION TWELVE= SCOPE OF SPECIAL ASSESSMENT] DELINQUENCY] LIENS. The special assessment shall be imposed against the owners of all residential units in the benefit units. Delinquencies in special assessment payments, liens and collections thereof shall be administered and enforced in accordance with one of the following procedures= A. In accordance with Chapter 197, Florida Statutes. a~d particularlY. Section 197.3632. Florida Statutes. Drovidina for the imposition and collection of the Solid Waste Collection and DisPosal Special Assessments as a non-ad valorem assessment on the DrODertv tax bills/or, in the 13 Words MEgllll~are added; words -~--'-' 'k ..... k are deleted. alternative, B. Pursuant to the authority of Chapter 173, Florida Statutes, in accordance with the following procedure: The owner and description of each residential unit shall be that desi~natsd on the real property Assessment Roll maintained by the Property Appraiser of Collier county even though the Property Appraissr's Assessment Roll may not be ourrent with regard to ownership, and from the Certificates of Occupancy issued by the County for those residential unite that are not described on said Assessment ro11, all of which shall be described in the special assessment ro11. The special assessment for the 1991 Service Year shall be due and payable by the first day of November prior to such service year or within siw%y--e64~ thirty f30) days from the matlinq of the original special assessment bill by the Tax Collector or other Board destgnee, whichever Is later. Unless otherwise provided herein, special assessments shall become delinquent if not fully paid by the first day of Januax7 of the service year to which they pertain or within thirtv/30l days from the mailing of the original special assessment bill by the TaM Collector or other Board desAgnes, whichever is later. For the 1992 Service Year and all services years thereafter. except when the non-ad valorem metho~ of collection pursuant to Section 197.3632. Florida Statutes. is used. the special assessment shall be due by Janual7 I of such service year and shall be payable by · full lump-sum payment tendered by Janual7 1 of the service year for which payment is required or by four (4} equal quarterly payments for said service year, with the first quarterly payment due by Januar~ 1, the second quarterly payment due by April 1, the third quarterly payment due by July 1, and the fourth quarterly payment due by October I of such earvice year. 14 Words underlined are addedy words et~e~h are deleted. Each quarterly installment payment shall be subject to a two dollar ($2.00) administrative processing fee and a penalty fee of five dollars ($5.00) if the installment has not been paid within fifteen (15) days after the due date for the particular quarterly payment. The owner of a residential unit electing to pay the special assessment by the quarterly payment method has the option to pay the quarterly installment payment amount and fee(s) due or may pay the balance due amount and fee(s) to retire the payment obligation for the service year. Any quarterly payment received by the Tax Collector or other Board designee that does not include the administrative processing fee or a penalty fee, if appropriate, shall be deemed noncompliant, refused acceptance and will be returned. This penalty fee shall be in addition to any and all other penalties assessed for late payments of the quarterly installments, The quarterly installment penalty fee also shall be cumulative, that is, each late quarterly payment so penalized, wtll have its ova penalty assessed. If the owner of a residential unit does not make the first quarterly payment within fifteen (15) days of the first quarterly payment due date, such owner shall not be entitled to utilize the quarterly installment payment method for that particular service year, and is subject to the requirement of a full lump-sumpayment of the annual special assessment due by January 1 of such service year. All delinquent speglal assessments billed and collected by the Tax collector or other Board deslgnee shall bear Interest at the rate of twelve percent (12%} per annum. All special assessments imposed upon the o~l~ers of residential units under the provisions of this Ordinance, becoming due and payable on or after Noveml~er 1, 1990 for the 1991 Service Year or January I for all service years thereafter or e~ 15 Words ~ are addedy words ei~ae~a~ee~are deleted. "^' thirty {301 days after an original or corrective billing for such service year vas sailed to the ovnsr of any rssidsntial unit that was not billed prior to commencement of such service year, and those special assessments paid by quarterly installments including administrative processing fsss and penalties not paid in full by October 1 of all service years thereafter, shall constitute and are hereby imposed as liens against such residential units as of the date the special assessment becomes delinquent. Said special assessments shall rsmain liens equal in rank and dignity with the lisa of the County for ad valorsn taxes and superior in rsnk and dignity to sll other lisns, encumbrances, titlss and claims in and to or against the rsal proper~y involved. If any special sssessssnt lien becomes dslinqusnt, the Board, upon rsceipt of ths list of outstanding and delinquent special assessments from the Tax Collector or othsr Board designas under the provisions of Section 13t shall, by resolution, record a notice of delinquent liens containing ths amount of the delinquent special asssssment including all interest provided hersin, a legal description of the residential units against vhich the lien is imposed and the name of the ovnsr of such rssidsntial units as indicated on thsrsal proper~y assessment roll maintained by ths Propsr~y Appraiser of Collier County, svsn though the Pruper~y Appraiser's ssssssment roll may to bs curtsat vith regard to ovnsrship. Said notice of dslinqusnt lien shall bs rscordsd in the Public Records of Collier County, ,lotida, by the Board. Fur~hsr, notice of ths imposition of the lien on residential units pursuant to said resolution shall bs sailsd by the Clsrk or the Board's desi_crnee. to each ovner of such residential unit at the ovner's last known address. The riotics shall contain the same information required in the resolution described herein imposing the lien. Upon payment 16 Words underlined are added~ words -' .... ~ '~ ..... ~ are deleted. by or on behalf of the owner and receipt of ths list for paid or discharqed lien or liens from the Clerk or*the Boardts llKItltl~, the Board shall adopt a resolution indicating satisfaction of said lien or liens which shall be recorded in the Public Records of Collier County, Florida, by the Board. Further, a notice of satisfaction of said lien or liens pursuant to said resolution shall be mailed by the Clerk or the Board*s deslanes to each owner of such residential units at the owner*s last known address. The notice shall contain the same information required in the resolution described herein satisfying the lien. Or~ in thl alternative, C. In accordance with the provisions of any other law applicable to the administration and enforcement of delinquent special assessment payments, liens and the collection thereof. D. Hotwithstanding any provision in this Ordinance to the contrary, effective September 1~ 1993~ those residential units Identified in Collier County Resolution No. 93-357, the owners of record of such residential units having never received the 1991 special assessment bill or reminder or demand letters therefor, and whereupon said residential units had a lien imposed thereon pursuant to Resolution No. 93-29 adopted by the Board ~anuary 26, 1993 shall be afforded the following remedy and procedural 1. All interest accrued for each such residential unit from the due date of payment of such 1991 special assessment through September 1, 1993 shall be accounted for and paid from Collier county Fund 470 thereby reducing the outstanding (delinquent) interest due on such residential unit accounts to zero as of September 1, 1993. Collier County Solid Waste Department is authorized and shall effectuate a refund of interest paid to those ownsre 17 Words glkdJlll/liil are added~ words ~;~I: ~"'~ are deleted.' o~ those residential units referenced in Resolution 93-357 Who have paid the then outstanding principal (special assessment amount} and ~nterest subsequent to the lien being ~mposed per Resolution No, 93-29 and pr~or to September 1~ 1993. 2. On or before September 1, 1993, the Solid Waste Department shall send by regular U.S. mail corrective invoices to the residential unit owners of record for those residential units identified in Resolution 93-357, such invoices providing billing £or payment of the 1991 Service Year special assessment without interest, paid on or before September 30, 1993. Thereafter, payment has not been made for such residential unLtby aeptesber 30, 1993, then interest on such unpaid invoLce shall accrue at the rats of twelve percent (12~] per annms commencing October 1, 1993. 3. Full payment of the 1991 Service Year special assessment as stated on the corrective invoice referenced in subparagraph 1 heraabove prior to October 1# 1993 shell result in the residential unit account being considered paid in full, and a resolution indicating satisfaction of the lien created by Resolution No. 93-29 shall be adopted by the Board and recorded in the Public Records of Collier County, Florida. SECTION NINE. Amendments to SectionThLrtosn of Collier County Ordinance No. 90-30, as amended. Section Thirteen of Collier County Ordinance No. 90-30, as amended, is hereby amended to read as followsx SECTION THIRTEEN: PAYMENTS. Billing, receiving and accounting for the payment of th~ solid waste collection and disposal special assessments shall be the responsibility of the T~x Collector of Collier County pursuant to the uroviaions of Chapter 197, Florida 18 Words underlined are added; words :~r=:~ t~::=;h are deleted.' Statutes, the Rcreement between the Board of CollntV Commissfoners. the Tax Collector and the Property Appraiser and other applicable provisions of laY. or other Board Designee. SECTION ~N. Amendments to Section Sixteen of Collier County Ordinance No. 90-30, as amended. Section Sixteen of Collier County Ordinance No. 90-30, as amended, is hereby amended to read as fellova: SECTION SIX"rEENz ENFORCEITENT OF DELINQUENT ANNUAL GARBAGE AND SOLID WASTE COLLECTION AND DISPOSAL SPECIAL ASSESSHENTS. All delinquent special assessment liens may be enforced at any time by the Board subsequent to the date the special assessment or service charge becomes delinquent, except as othervise provided herein, for the amount due under such liens or any recorded liens, including all interest, plus costs and and a reasonable attorney's fee by proceeding in a Court of equity to foreclose such liens in the manner of which a mortgage lien is foreclosed under the laws of Florida, or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173, Florida Statutes, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by lay. It shall be lawful to Join in any complaint for foreclosure or any such legal proceedings, any one (1) or more lots or parcels of land that is the subject of a lien or liens. The Clerk or the Board's desi_a~e~ is authorized and directed to execute and deliver, upon request, a written certification certifying the amount due for delinquent assessments or unrecorded liens for any residential unit. In the alternative, the Clerk or the Board's destense shall certify that no such special assessments are due, except current and non-delinquent special assessments, which certificates shall be binding upon the County. 19 Words underlined are added~ words e%~v4}l~*4~h are deleted.' SECTION ELEVEN. ]Lmendments to SectionTwenty-One of Collier County Ordinance No. 90-30, aa amended. Section Twenty-One of Collier County OrdinanCe No. 90-30, as amended, is hereby amended to read as fellowes SECTIONTWENTY-ONE= EXEMPTION PERMITS FOR COMMERCIALAND RESIDENTIAL PROPERTY$ PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION PERMITS. A. Any owner or occupier of commercial property desiring to remove solid waste generated on its own premises may make application to the County A~tllh~or his designee for an E~emption Permit to remove and convey such solid waste to designated County landfills. Such application shall be on a form as prescribed by the County liaea4Jee~. Applications shall be accompanied by s filing fee of an amount as determined by resolution of the board. the application shall, in addition to other items which may be specified by the County l4amHJee^dministrator, contain at least the following information: 1. Name of applicant. 2. Activity generating the solid waste. 3. Identification of solid waste generated and address of premises where such waste is generated. 4. The proposed County landfill site. 5. The vehicles and personnel which will be utilized. 6. Information sufficient to establish that the equipment to be used is constructed or equipped in · manner such that no spillage or loss of any fraction of the load can occur. 20 Words Mlldll:lAllld are added~ words sk~H~k-~he~ are deletedj Upon deter~ining that the activity for which the Exemption Permit is sought complies with the terms of this Ordinance and with all County, State and Federal laws and regulations, the County HaRa~ev~ may grant an Exemption Permit. The Exemption Permit shall specify thereon the County facility(ies) to which the solid waste shall be conveyed and any other conditions deemed appropriate thereon~ under the Permit. Such Exemption Permit shall be effective for a period of one (1) year from the grantin~ thereof end may be renewed from year to year upon the same application and procedures for the granting of the original Exemption Permit. Appeal from any decision of the County NemHjev /MllL~Jfd~j~X denying or revoking such ex~ption Permit say be taken to the Board by the parities so aggrieved by filing with the County~j~dZl~L~t~la petition etatiny the grounds for such appeal. Said petition must be filed with the County BaeaeJee JJiI~LGIK~X within ten (10) days after the nilin~ of notice of such denial by the County BeRates Upon receipt of notice of a violation of the terms of any such Exs~ption Permit~ inoluding the application therefor, the County~~LtZL~Lt~?~Kmay after notice and hearing revoke such Exemption Permit, with the right of appeal to the Board. B. Exemption Permit, shall not be issued for residential properties generally, but say issue upon the following be,i, and criteria$ Z. The residential unit for which exemption from the special assessment is sought must: 21 Words underlined are added; words ee~t%~k--t~y~s~k are deleted,' a. be essentially surrounded by conercial property{ and b. provide vritten confirsation that its solid vests shall be collected and disposed by adjacent consrcial property; or c, pertain to a condominiummmsrst or hoecorners' association of record Vhose residential units are receiving commercial (dumpstot-bulk loader) solid vests collection and disposal service rates than the residential collection and disposal service described in Section Nineteen (B) hsrsin~ vhersbyths sfrected residential units# if so slsctlng through their respective condcsiniun ovners' or hcssovnerst association shall file an sxemption application Identifying the residential units and providing other relevant information as required on the fore provided by the ~-' ~' ..... ^~---'-- Director of the DeDaz~ment of Revenue, In exemption granted pursuant to this provision shall mandate the subJe~c residential units to obtain and receive commercial service through their respective condominiua ovnerst or hoecornerst association In contract with the Contractor for the appropriate comasrole1 service rats for the service provided by the Contractor pursuant to this Ordinance and the rates under the Service Agreement, 2, The Contractor providing service in the affected Solid Haste District shall affirm in vriting to the '-'~' ...... *---~-- Director of the Deoat~cment of Revenue that it ls laptactical or 22 Words MEL~are addedI vords ~ are deleted; economically inefficient for Contractor to provide curbside collection service to such' residential units(s) for ~hich exemption is sought. 3. Application for this Residential Exemption Persia shall be made in~rltingby the residential unit o~ner or on behalf of the residential unit owners of such condominimacvners, or homec~nerst association by such condominium ownerst or homeowners' association with a TWenty-five Dollar ($25.00) administrative processing fee for each application to the ~:I!~ ~::~: Di:::t:~ Director of the DePartment of Revenu~ prior to thirty (30) days of the mailing date of the special assessment bill. The ~:II~ ~::~: DI:;;~;; Director of the Ds~artusnt o~ Revenue Bay request and shall be entitled to receive relevant docuasntation or conftraatton of facts from the applicant and shall, in any event, render a written decision either ~lrantlng or denying the exemption request within thirty (30) days of its submission. 4. An appeal from a decision of the 6e~4-Wa~4 Di. ee~e~ Director o~ the Deuartment of Revenu- denying or revoking a Residential Exaption Persit Bay be taken to the board by the residentialunit owner as a99risved by filing with the County Na~a~Jev~a petition stating the grounds for such appeal. Said petition suet be filed with the County )SMm~e~~withln tan (10) days after the Bailing of notice of dental by the ~cll~ ~;;~c ~l:;;~o; Director of the Denartment o~ Revenue. 5. After the expiration of the periods of limitation established in subparagraphs three (3) or four (4) of this subsection, as each Bay apply, 23 Words MIL~IIAI3~I are added; vords~ are deleted~ no petition, appeal or right of action shall be asserted by the residential unit owner applicant, S, X residential unit exemption granted hereunder shall be forsalized by resolution adopted by the Board and communicated to the Tax Collector and/or other Board designee, 7, All Residential Exemption Permits granted hereunder shall have a duration of up to and no sore than three (3) consecutive service years, ~hereupon the residential unit will be subject to the special assessment end Contractor's solid waste collection and disposal service unless a ne~ Residential Exemption Permit is obtained pursuant to the procedures described hersabove. SECTION TWELVE. Amendments to Section Twenty-Two of Collier County Ordinance No. 90-30, as amended. Section Twenty-Two of Collier County Ordinance No. 90-30, as amended, is hereby amended to read as follows: SECTIONTWENTY-TWO; FINANCIAL HARDSHip DEFZRMENTS EXCePt where the Solid Waste Collection and DiSDOSe1 Special Assessments are imposed and collected as non-0d valorem assessments on the DrODertV tax bills,...a & defersent of the payment obligation otherwise required under this Ordinance may be granted upon the written request of a residential unit owner who qualifies because of financial hardship using as a standard the R.U.D. Section S Rental Assistance Program as to annual income, providing further that home ownership is not in and of itself an eliminating factor. The defersant will consist of a lien placed against the residential property to run with the land An an amount equal to the cumulative unpaid special assessments. The lien will be satisfied upon the sale, transfer or any other disposition of the residential property subject to the special assessment. 24 Words ~are added~ words e~are deletedj X. Application for financial hardship de~erment is to be made through the Collier County Depefee~ Department of ReVenUe. The Collier County e.,,= ,._,_ ~ .... ,___, ,e_._,_- Department of Revenue Director shall render a witten detereination upon such applLcation within thirty (30) days ot its submittal, B. X residential unit owner who has applied ~or a financial hardship deferBent and has been denied such defermeat b~ the Collier County ~cli~ Denartment o~ Revenue DireCtor Bay petition a Financial Hardship Review Coaltree established hereby and cowposed ot the Collier County .'n..vlr:~_=:n~al I~21AAj~A~kl Administrator, the Collier County Housim3 and Urban Ieproveuent Director and the County Adli~[ij~lf~X. Such written application shall be tendered to the Financial Hardship Review Ccnnsittee c/o the Collier County .~r. vircr=cn~:l Administrator o~ice within thirty (30) days ot the date of denial by theEe~4-Wee~eDe~artment of Revenue Director. A~ter the expiration o~ this period ot limitation, no petition, appeal or right ot action shall be asserted by the residential unit owner applicant, C. X review of the decisions o~ the Financial Hardship Review Committee may be heard by the Board upon application by any person seokin~ such a review, Such written application shall be tendered to the County 14eeegee~within thirty (30) days o~ the date of the decision ot the Financial Hardship Revie~ Committee. A~ter the expiration ot this period limitation, no petition, appeal or ri~ht ct action shall be asserted by the residential unit owner applicant. D. A deferment~rantedbythe ::li~ Department of Revenue Director or by the Financial 25 Herds underlined are added; words o4a~e-~)~h are deleted~ Hardship Revie~ Conittse or the Board shall be forsalizsdby resolution adoptedby the ~oard and recorded in the Public Records of Collier County, Florida b~ the Board. E. All financial hardship dsfsrmsnts shall be subject to revaluation by the Collier County~ Department of Revenue Director evsry third service year following the grant or defersent or the previous teevaluation. F. All financial hardship deferments shall accrue interest on the unsaid ~rincioal at the rite of tvelve percent f12%! net annum unless the intermit is ~ived the Board of County Commissioners based on .inferserich provided to the Board of County Commissioners On an ~ndividual basis. . SECTION THIFrEEN~ Amendments to Section ~enty-Thrae of Collier County Ordinance No. g0-30, as amended. Section ~enty-Three of Collier County Ordinance as amended, shall read as follows~ SECTION TWENTY-THREEX PENALTIES. Violations of this Ordinance shall be prosecuted in the sane manner as misdemeanors are prosecuted and upon conviction shall be punished by fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail not to exceed sixty (60) days or by both fine and imprisonment. Each day of continued violation shall be considered a separate and distinct offense. The Board shall the power to collaterally enforce the provisions of this Ordinance through its ~ode enforcement inspectors and/or code enforcement boards or by appropriate Judicial writ or proceeding notwithstanding any prosecution in the same manner as a misdemeanor. SECTION FOURTEE}Ix CONFLICT AND SEVERABILITY. 26 Words underlined are a~ded~ words e~ek--%~½ are deleted~ The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of publie health, safety, yellare, and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent ~urisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the rmining portions thereof. SECTION FIFTEEN= Inclusion in the Code of Lays and Ordinances. Ths provisions of this Ordinance shall becoas and be made a part of ths Code of Lays and Ordinances of Collier County, Florida. The sections of the Ordinance say be rsmmbersd or relettered to accomplish such, and the word "ordinance" may be changed to "section", wartLois", or any other appropriate word. SECTION SIXTEENs Effective Date. This Ordinance shall become effective upon filing this Ordinance with the Departvent of State. PASSED J~/D DULY ADOPTED by the Board of C~oners of Collier County, Florida, this //.day of 1995. ^~rZsT~ .......· ~ oF CO~ c~asszon~s DWIGHT I:'BROCK, CLERK COLLIER COUNTY, I~ORIDA ;. ... , bavid C. WsigsI ~)' County Attorney 27 Words ~ are addedI words ee~eek-~w~½ are delstsdl t - ~ sw-2 SOLID WASTE COLLEChON/ ,_,. ,.~ SERVICE AREAS : Ceal~ county, RoHdc so~zm DISTRICT NUt'IBER 2 SO~ZD'%S~S ~kZCT~ = STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT Z. BROCK, Clsrk o£ Courts in and for the Twsntisth Judicial Circuit, Collier County, Florida0 do hsrsby certify that ~oregoing is a true cow ORDINANCE NO. 95-78 Which was adopted by the Board o[ County Commissioners on the 19th day of December, 1995, during Regular Session. WITNESS my hand and the official seal of the Board of Coun~.y W Commissioners of Collier County, Floriaa, this 20th ~ay of December, .:. 1995. '. , ..... ..,.,,, , . ~ ~..,.... ,,, ,.i,,,,,.,, [M4IGHT E. BROCK ..' .< ,' '. ..... ........ Clerk of Courts a~a ~ld~k ":~;'f': :.. Ex-officio to Boa~d'o~: ,..' . ;:. 'J. %. County Commissto '~&;...; ,'~ "- ~..-~. :.  '] i, "': ....'; . ~ ~': -': /s/~aureen Keny~i .... ....,, .. Deputy Clerk "' y~" '~' ' ': .......... .';. ........ ', ,r t,~.. .