Ordinance 93-47 ~ ORDINANCE NO. 93- 47
~ ORDINANCE AMENDING COLLIER COUNTY~
ORDINANCE NO. 90-30, AS AMENDED, THE~ ~
MANDATORY SOLID WASTE SPECIAL ASSESSMENT~
COLLECTION AND DISPOSAL ORDINANCE, SY~
AMENDING SECTION TWENTY-ONE: EXEMPTION ~ '~
PERMITS FOR COMHERCIAL AND RESIDENTIAL ~
PROPERTY; PROCEDURE FOR OBTAINING AND ~ ~
REVOKING EXEMPTION PERMITS; PROVIDING FOR ~ ~L~
CONFLICT AND SEVERABILITY AND PROVIDING AN ~ '~
EFFECTIVE DATE. ~
WHEREAS, the Board of County Commissioners adopted Collier
County Ordinance No. 90-30, the "Mandatory Solid Waste Special
Assessment Collection and Disposal Ordinance" on April 10, 1990
an~ an amendment thereto on May 14, 1991~ and
WHEREAS, the Board has expressed interest that the
ordinance be revisited and emended as may be necessary,
appropriate for administrative purposes and/or helpful to the
recipients of collection and disposal services and the welfare
of the citizens and public of Collier County generally; and '
WHEREAS, the Board and County staff have had the
opportunity to observe the implementation and administration of
Ordinance No. 90-30, am amended, and the Solid Waste Collection
Service Agreements created thereunder.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
'~!. COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
2' SECTION ONE. AMENDMENT TO SECTION TWENTY-ONE OF COLLIER COUNTY
ORDIN~NCB NO. 90-30; AS ~tENDED.
Section Twenty-one.of Collier County Ordinance No. 90-30,
as amended, is hereby amended to read as follows:
SECTION TWENTY-ONE: EXEMPTION PERMITS FOR COMMERCIAL AND
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 Manager or his designee for
an Exemption Permit to remove and convey such solid waste to
designated County landfills. Such application shall be on a
form as prescribed by the County Manger. Applications shall be
accompanied by a 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 Manager,
Words uD~erlined are added; words ~ are deleted.
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 ia constructed or
equipped in a manner such that no leakage,
spillage or loss of any fraction of the load
can occur.
Upon determining 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 Manager 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 granting thereof and 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 Manager denying or revoking such
Exemption Permit may be taken to the Board by the parties so
aggrieved by filing with the County Manager a Petition stating "
the ~ounds for such appeal. Said petition must be filed with
the County Manger within ten (10) days after the mailing of
notice of such denial by the County Manager.
Upon receipt of notice of a violation of the terms of
any such Exemption Permit, including the application therefor,
the County Manager may after notice and hearing revoke such
Exemption Permit, with the right of appeal to the Board.
B. Exemption Permits shall not be issued for
residential properties generally, but may issue upon the
Words underlined are added; words e~~lh are deleted.
"~, following basis and criteria=
1. The residential unit for which exemption
from the special assessment is sought must:
a. be essentially surrounded by commercial
:,. property; and
b. provide written confirmation that its
-~.' solid waste shall be collected and disposed by adjacent
:'~'~ co~ercial property: or
/f c. uertain to a condominium o~ers' or
homeowners' association of record whose residential units ara
race[vine commercial fdumoster-bulk loader~ solid wast~
collection and disuosal service rather than the residential
collection and disoosal service described in Section Nineteen
CB~ herein: whereby the affected residential units, if so
electina throuah their respective condominium owners' or
homeowners' association shall ffile an exemption application
].dentifvina the residential units and Drovidi~ other relevant
information as re=uired on the form provided bv the Solid Waste
Director. An exemption ~ranted pursuant to this Provision
shall mandate the sub4ect residential units ~O obtain and
receive commercial service throuah their respective condominiu~
owners' or homeowners' association ~n contract ~%h the
Contractor for the appropriate commercial service rate for the
service provided by Contractor pursuant to this Ordinance and
the rates under the Service Aareement.
2. The Contractor providing service in the
affected Sol~d Waste District shall afffirm in writing to the
Solid Waste Director that it is impractical or'economically
inefficient for Contractor to provide curbside collection
ii! service to Such residential unit(s) for which exemption is
sought.
~), 3. Application for this Residential Exemption
. Permit shall be made in writing by the residential unit owner
or on behalf of the residential unit owners of sucl~ condominium
owners' or homeowners' association bY such condominium owners'
or homeowners' association with a Twenty-five Dollar ($25.00)
· administrative processing fee for each application to the Solid
,OOK
Words underlined are added; words ~ ara deleted.
Waste Director prior to thirty (30) days of the mailing date of
the special assessment bill.
The Solid Waste Director may request and shall be
entitled to receive relevant documentation or confirmation of
facts from the applicant and shall, in any event, render a
written decision either granting or denying the exemption
request within thirty (30) days of its submission.
4. An appeal from a decision of the Solid Waste
Director denying or revoking a Residential Exemption Permit may
be taken to the Board by the residential unit owner so
aggrieved by filing with the County Manager a petition stating
the grounds for such appeal. Said petition must be filed with
the County Manager within ten (10) days after the mailing of
notice of denial by the Solid Waste Director.
5. After the expiration of the periods of
limitation established in subparagraphs three (3} or four (4)
of this subsection, as each may apply, no petition, appeal or
right of action shall be asserted by the residential unit owner
applicant.
6. A residential unit exemption granted
hereunder shall be formalized by resolution adopte~ 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 more than three
(3) consecutive service years, whereupon the residential unit
will be subject to the special assessment and Contractor's
solid waste collection and disposal service unless a new
Residential Exemption Permit is obtained pursuant to the
procedures described hereabove.
SECTION HO. CONFLICT AND 8EVERABILITY
In the event 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 invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a
'separate, distinct, and independent provision and such holding
Words ~ are added; words e~ are deleted.
~hall not affect the validity of the remaining portion.
eleCTION T~KEE. EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of
notice: from the Secreta~ of State that this Ordinance has been
filed with the Secreta~ of State.
.PASSED_~D. D~Y. ADORED by the Board of County
Co~tsstoners of Collier County, Florida, this ~ day of
DWIG~'E. ~BR~,.~' Clerk. BO~ OF CO~TY COmmISSION,S
: · ., O~ COLLI~ CO~TY, F~RIDA
~ eta~ o ate' Offi
Word~ ~ are added~ word,* e~e~'--e~'.,e~gh, are
STATE OP FLORIDA )
COUNTY OF COLLIER )
I, DWIGHT E. BROCK, Clerk of Courts tn and for the
T~entieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 93-47
which was adopted by the Board of County Commissioners on
the 2Tth day of July, 1993, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of July, 1993.
DWIGHT E. BROCK ,~ .......
Clerk of Courts and Clerk
Ex-officio to Board of ,'
County Commissioners .' ~':;"'.'-'""~'"
...
Deputy Clerk· ..~,'.'.' ....':
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