Ordinance 91-036 AN ORDINANCE AMENDIN~ COLLIER COUNTY ORDINANCE
NO. 90-30, THE MANDATORY SOLID WASTE SPECIAL
ASSESSMENT COLLECTION AND DISPOSAL ORDINANCE,
IN THE UNINCORPORATED AREA OF COLLIER COUNTY FOR
THE PURPOSE OF PROVIDING AND REGULATING SOLID
WASTE COLLECTION AND DISPOSAL WITHIN THE BENEFIT
BY AMENDING SECTION ONE:
UNITS,
DEFINITIONS;
AMENDING SECTION TWO TO EXCLUDE CERTAIN BARRIER
ISLANDS FROM THE BENEFIT UNITS; AJ~ENDING SECTION
TWELVE TO PROVIDE FOR QUARTERLY INSTALLMENT
PAYMENTS, ADMINISTRATIVE PROCESSING FEE AND
PENALTY FEE AND DESCRIBING CONDITIONS OF 1991 AND
SUBSEQUENT SERVICE YEAR LIENS; AMENDING
SUBSECTION B OF SECTION NINETEEN PROVIDING TIME
AND PLACEMENT REGULATION OF SOLID WASTE; REVISING
SECTION TWENTY RELATING TO TERMINATION OF SERVICE
BY CONTRACTOR; AMENDING SECTION 'TWENTY-ONE
PROVIDING FOR RESIDENTIAL EXEMPTION PERMITS;
ADDING A NEW SECTION TWENTY-TWO BY PROVIDING FOR
FINANCIAL HARDSHIP DEFERMENTS; PROVIDING FOR
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
Ass~ssment Collection and Disposal Ordinance" on April 10, 1990;
and
WHEREAS, the Board has expressed interest that the ordinance
be revisited and amended as may be necessary, appropriate for
administrative purposes and/or helpful to the .recipients of
col].ection and disposal services and the welfare of the citizens
and public of Collier County generally; and
W]{EREAS, the Board and County staff have now had the
opportunity to observe the implementation and administration of
No. 90.-30 and the Solid Waste Collection Service Agreements
created thereunder and related thereto during the initial part of
the 1991 Service Year.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to Saction One of Ccllier County Ordinance
No. 90-30
Section One of Collier County Ordinance No. 90-30 is hereby
amended to read as follows:
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!iDler 1 ~ ned
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SECTION ONE: DEFINITIONS.
For the purposes oE this Ordinance, the definitions
c~ntained in this Section shall apply unless otherwise
specifically stated. When not inconsistent to the context,
words used in the present tense include the future, 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.
A. Benefit Unit: Refers to each of the two (2)
municipal service benefit units created hereunder.
B. Biohazardous Waste: "Biohazardous waste" means any
solid waste or liquid waste which may present a threat of
infection to humans. The term includes, but is not limited
to, non-liquid human tissue and body parts; laboratory and
veterinary waste which contains h~man disease-causing agents;
discarded sharps; human blood, human blood products, and body
fluids. The following are also included:
1. Used, absorbent materials such as bandages,
gauzes, or sponges super-saturated, having the
potential to drip or splash, with bloOd or
body fluids 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, hemodialysis filters,
and catheters. Medical devices used in the
treatment of Hepatitis B Virus or Human
Immunodeficiency Virus suspected or positive
patients shall be segrated as biohazardous
waste; and
3. Other contaminated solid waste materials which
represent a significant risk of infection
because they are generated in medical
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facilities which care for persons suffering
from diseases requiring strict isolation
criteria and listed by the U.S. Department of
Health and Human Services, Centers for Disease
Control, "CDC Guideline for Isolation
Precautions in Hospitals," July/August, 1983.
C. Biological Waste: Solid waste that causes or has
the capability of causing disease or infection and includes,
but is not limited to, biohazardous, waste, diseased or dead
animals, and other wastes capable of transmitting pathogens
to humans or animals.
.. D. Board: Board of County Commissioners of Collier
County, Florida.
E. Bulk Containers: Any watertight, portable
non-absorbent container equipped ~ith watertight lid or cover
and approved by the Board which is used to store two (2) or
~lore cubic yards of solid waste emptied by mechanical means.
F. Clerk: Clerk of the Circuit Court of Collier
County, Florida, acting as the:Clerk of the Board.
G. Commercial Property: Hotels; motels; multi-family
residences exceeding four dwelling units under one common
roo~ lexcept for fee simple-owned townhouses or row housss~]_~
;tecre~tional vehicle Dark~, mobile home parks containing
mobile homes, excluding those mobile homes not located in
]~obile home parks that are considered real property under the
Florida Constitution and Florida Statutes; all commercial,
manufacturing, agricultural, industrial, and institutional
.~nterprises; 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 o! said employment and
upon which are located buildings or structures otherwise
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· treated as commercial property under the terms 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. Customer: All persons, firms, 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 ~.ol]ection and disposal service as provided by this
Ordinance.
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. Garbage: 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. Guest llouse: Refers to a non-commercial residential
~ues% ac__commode;ion facility ancillary to a sinale-familv
dwelling unit. ~hich ~a¥ be a free standina dwellina unit or
struct_~rally iBtegrated w%th the main dwellina unit. FP~
~urDo~es of this OrdiDance, no dwellin~ unit shall ~uali~¥ aa
a ~u¢~Lt house kf it is lar~er than forty percent ¢40%) of the
size of the Prl,~kc~Pal dwellin~, unless if lar~er than forty
Percent (40%), is determined bV the County Manager tha~ said
facilit3 is for all intents and purposes a guest hous~ ~s
otherwise contemplated here~B.
M_~.~= Hazardous Waste: Solid waste, or a combination of
solid wastes, which, because of its quantity, concentraticn,
or physical, chemical, or infectious characteristics, may
cause, or significantly contributu to, an increase in
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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 of, stored,
treated, or otherwise managed.
N.M= Inert Waste Materials: Refers to brick, block,
concrete, 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.
9_~Nv Junk: 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 owner or
abandoned by the owner.
· ' P.S= Multi-Family Residence: Any building or structure
consisting of more than.one dwelling unit.
~ Q.P= Rate Resolution: Refers to the resolution adopted
by the Board under, provisions of Section 9 incorporating-a
schedule of the annual solid waste collection and disposal
special assessments to be imposed upgn the owners of all
F~idential _units. in.the benefit unit for %he forthcoming
f~cal year. Such resolution shall also establish rates,
fe~and charges for commercial service by the authorized
Contractor(s) as well as rates, fees and charges for disposal
at. County-authorized facilities.
.... ~i~Q= Recyclables: Those materials designated by the
County by resolution establishing a County program for
recycling which shall be collected by the Contractor under
this Ordinance.
S~R= Residential Units: Dwelling units, including
single family residences, or as individual dwellin~ units
within multi-family residences, but excluding quest houses or
any building or structure which constitutes commercial
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m~m m mmmm
property as defined in this Section. A residential unit
shall not be cons£dered to include a recreate, oriel vehicle in
a recreational vehicle Dark or a mobile homeT ~
homq_oar~. Recreational vehicles not located in recreational
vehicle park~ and mobile hom~$ not located in a mobile hom~
park and which are otherwise un}ess-~he-meb½~e-heme-~s
considered rea]. property under the Florida Constitution and
Florida Statutes. shall be considered residential unite for
DUrDO~gS of this Ordinance.
:: ". [~.Sr Rubbish: All refuse, accumulation of papers,
bottles, cans, excelsior, rags or wooden or paper boxes or
containers, sweep-ups, and all other accumulations of the
nature other than garbage, which are usual to housekeeping
and to the operation of stores, offices and other business
place~.
U.T= Service Area: That area served by the Contractor
pursuant to service agreement(s).
V_~= Service Year: The annual period of waste
collection, and disposal commencing on January 1st of-each
year, and ending December 31st of the same year. The initial
service year'under this Ordinance shall commence January 1,
1991.
'' . ~v~ Sludge: Includes the accumulated solids,
residues, and precipitates generated as a reeul~ of waste
treatment or processing, including wastewater treatment,
water supply treatment, or operation of an air pollution
control facility, and mixed liquids and solids pumped from
septic tanks, grease traps, privies, or similar waste
disposal appurtenances.
X.wv Solid Waste: The garbage, rubbish, Junk, yard
trash or other discarded or discharged sol~d or semisolid
materials resulting from domestic, commercial, industrial,
agricultural, horticultural, construction, demolition, land
clearing, institutional, or governmental activities,
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exclusive of hazardous waste, biohazardous waste, biological
waste and sludge.
~.~ 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
waste of the residential units within such benefit unit,
including the billing and administrative costs incurred by
the County in the administration of this Ordinance.
~.¥= Special Assessment Roll: Refers to the annual
solid ~aste collection and disposal special assessment roll.
AA.~= Standard Container: 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 enclosed. 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,of
automated or semi-automated services.
~B.AA= Yard Trash: All manner~of vegetable and woody
matter ~mm~n~y-~se~-~n-~n~s~ap~n~7 including, but not
li]~ited to grass, leaves, palm fronds, tree branches and
hedge trimmings= resulting from a residential unit
9woer/tenant's ~aiDtenance or commercial lawn service, b~t
shall DQ~ include that horticultural w~%9 result~n~ from
gommercial lapdscape and tree cuttin~ and removal servi~s,
SECTION TWO: Amendment to Section Two of Collier County Ordinance
No. 90-30.
Section Two of Collier County Ordinance No. 90-30 is hereby
amended to read as follows:
SECTIO~ TWO: CREATION, PURPOSE, DECI2%RATION OF BENEFIT.
There are hereby established two (2) municipal service
benefit units, (hereinafter referred to as benefit units),
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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 unincorporated area of
Collier County, Florida, excludin~ those barrier islands, as
described in the description of each of said two (2) benefit
units, as set forth in Exhibit "A" attached hereto and
incorporated herein by reference.
~. The benefit units hereby created and established are for
the purpose of protecting the health, safety and welfare of
the residents of the County; and to provide for solid waste
collection and disposal through the levy of special
assessments against residential units.
It is determined by the Board that due to the varying
needs and benefits of commercial ~roperties in reference to
solid waste collection and disposal, commercial properties
shall not be made the subject of special assessments. In
order to provide for the public health, safety and welfare
within the benefit_units it is necessary to provide adequate
solid waste collection and disposal of commercial properties
through the regulated services of Contractor(s). The Board
shall provide-.for~solid, waste collection through annually
regulated rates, fees or charges for commercial properties
for solid waste collection.
It is.hereby declared and determined by the Board of
County Commissioners that the solid waste collection and
disposal services provided pursuant to this Ordinance shall
and do constitute a benefit to all properties within the
benefit units equal to or in excess of the Cost of providing
such solid waste collection services.
SECTION THREE: Amendment to Section Twelve of Collier County
Ordinance No. 90-30.
Section Twelve of Collier County Ordinance No. 90-30 is
her(~by amended to read as follows:
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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;
or, in the 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 ~hat designated on the real property Assessment Roll
maintained by the Property Appraiser of Collier County even
though the Property Appraiser's Assessment Roll may not be
current with regard to ownership, and from the Certificates
of Occupancy issued by the County for those residential units
that are not described on said Assessment Roll, all of which
shall be described in the special assessment roll. The
special assessment for the 1991 Service Year shall be due and
payable by the first day of November prior to such each
service year or within sixty (60) da~s from the mailing of
?
the original special assessment bill by the Tax Collector or
other Board designee, whichever is later. Unless otherwise
provided herein, s~=h special assessments shall become
delinquent if not fully paid by the first dsy of January of
~he each service year to which they pertai/l or within sixty
(60) days from the mailing of the original.special assessment
bill by the Tax Collector or other Board designee, whichever
is later.
~or the 1992 $_~rvice Year and all service years
thereafter the special assessment sha~l be due byJanuary 1
of such service year and shall be payable bva full lumpi~g~
p_~3~ent t___endered b'! January 1 of the service year for which
payment is reguired or bv four (4).e~ual Guarterlv pavmeDts
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for said scrvic~ year, with the first ouarterlv payment due
~¥ January %, ~h~ s~GQnd auarterlv mavment due by APril
~h~ third ~uarterlv payment due by July 1. and the fourth
Guarterl¥ payment due kY October 1 of such service year.
Each ~uarterl¥ installme~t payment shall be subject to a two
dollar fsi,00) administrative processin~ fee ~nd a ~enaltv
~ee of five dollars ($5.00) if the installmen~ has not been
Paid within fifteen (15% days after the due date fQr the
particular quarterly payment. The owner of a residential
unit electin~ to DaY the special assessment by the ~uar~erlv
payment method has the oDtion to Day the ~uarterl¥
inst~lmen~ p~vment amount and feeCs~ ~Ue or may DaY the
balance due amount and feeCs) to retire the payment
~bli~at~on for the ser¥i~ Year. Any ouarterlv payment
received ~¥ the Ta~ CQllector or ~ther Board designee that
does not include the administrative Drocessin~ fee or a
R~nalt¥ fee, if appropriate, shall be deemed non~ommlian~,
~efused acceptance and will be returned. This penalty fg~
f~hall be in addition to any and all other penalties assessed
~r__l~te payments o~"~e'~ar~i~'i~Staliments. The
~arterl¥ installment penalty fee also ~hall ~e cumulative,
~at is, each late ~uarterlv payment so Denalizedo will have
k~:$ Qwn Denal~v assesse~,
~f the owner of a residential unit does not make the
~j. rst ~uarterlv payment within fifteen (15)' days of the firs~
~tuarterlv payment due date, such owner shall not be entitled
~~~_ the ~uarterlv installment Da~ent method for that
R~r~icu%ar service year, and
~_.~ull lump-sum payment of the annual special assessment due
.]~,* January 1
All delinquent special assessments billed and collected
by the Tax Collector. or other Board designee shall bear
interest at the rate of twelve percent (12%) per annum. All
special assessments imposed upon the owners of residential
units under the provisions of this Ordinance, becoming due
and payable on or after November 1, 1990 for the %~%,~ervice
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~ear_Qr J~nGarv 1 for ali service years thereafter or sixty
LS0)_daYS after an original or corrective billing for such
~ervice year was mailed to the owner of any residential unit
~l~t_wa~ nQt billed Drier to commencement of such servic_g
~ear~. a~Q those special assessments paid by Guarterlv
~stallments including administrative Drocessin~ fees and
~.~nalties not paid in full by October 1 of all service years
~ereaf~r_~ shall constitute and are hereby imposed as liens
~;ainst such residential units as of the date the special
assessment becomes delinquent. Said special assessments
:~hall remain liens equal in rank and dignity, with the lien of
the~.County for ad valorem taxes and superior in and dignity
to all other ~iens,.encumbrances, .titles and claims in and to
¢)r.ag&inst the.real property involved.
~_ . If any special assessment li~n becomes delinquent, the
f~oard, upon receipt of the list of ou~tanding and delinquent
s. pecial assessments from the Tax.Collector or other Board
designee under the provisions ~f Section .13, shall,, by
r~solution, r~cord a notice of delinq~ent liens.~containing-
the amount of.the delinquent special.assessment including all
interest provided herein, a legal description of the
reaidential units against which the lien is imposed and the
name,_of the owner of such residential units as indicated on
the~real property assessment roll maintained by the Property
Appraiser of Collier County, even though the Property
Appr~iser's assessment roll may not be current with regard to
o%~nership. Said notice of delinquent lien shall be recorded
in. the Public Records of Collier County, Florida, by the
Board. Further, notice of the imposition of the lien on
residential units pursuant to said resolution shall be mailed
by the Clerk to each o%'ner of such residential unit at the
owner's last known address. The notice shall contain the
same information required in the resolution described herein
imposing the lien. Upon payment by or on behalf of the owner
and receipt of the list for paid or discharged lien or liens
from the Clerk, the Board shall adopt a resolution lndisating
Words ~erl~ned are added; Words ~u~k-~h~ou~h are deleted.
satisfaction of said lien or liens which shall be recorded in
the Public Records of Collier County, Florida, by the Board.
F~rther, a notice of satisfaction of said lien or liens
pursuant to said resolution shall be mailed by the Clerk to
each owner of such residential units at the owner's last
~own address. The notice shall contain the same information
required in the resolution described herein satisfying the
li~n.
.. Or, in the 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.
SECTION FOUR: Amendment to Section Nineteen of Collier County
Ordinance No. 90-30.
Section Nineteen of Collier County Ordinance No. 90-30 is
hereby amended to read as follows:
SECTION NINETEEN: RESPONSIBILITIES OF CONTRACTOR AND
CUSTOMER FOR SOLID WASTE COLLECTION.
.' The Contractor shall collect solid waste from
residential units and commercial properties and customers
shall provide for collection as follows:
'~. A. Should a Christmas, New Years, Thanksgiving holiday,
or local emergency as declared by the Board, occur on the
date designated as the collection day, the collection shall
take place the next regular collection day.' Subsequent
collections during the remainder of the week may also occur
.on the day after the usual collection day. RoUtes receiving
twice weekly service shall receive one collection in those
'weeks within which these holidays occur.
B. Nusidential Unite: Residences in the benefit units
shall be served twice %ieekly. Not earlier than six o'clock
P.m. of the niqht priQ¥ tO ~be day of the regularly schedu~9_~
Qollection Ssolid waste shall be placed within six (6) feet
of the closest accessible right-of-way to the residential
~D~. The customer shall be allowed unlimited pickup
provided all solid waste is properly containerized in
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containers not to exceed thirty-two (32) gallons, or in
sealed plastic bags or tied bundles, not exceeding four (4~
f~et in length. No aforementioned container, bag or bundle
may exceed fifty (50) pounds in weight. Ingress and egre~:s
on private roads must be provided by the customer. Ho%;ever,
if said private road is Physically inaccessible, the
customer's containers shall be placed on the closest
right-of-way that is accessible to the authorized Contractor
but so as not to obstruct motor vehicle traffic or pedestrian
passage or surface storm drainage. Additionally, the
Contractor shall provide for a separate or combined pickup of
Junk, as defined herein, and such service shall be unlimited
as to quantity, size and weight; however, the Junk shall.be
placed at the curb and shall not include vehicles, vehicle
component parts, boats or boat trailers or component parts or
liquid waste. Further, the Junk shall be disassembled, if
possible, prior to pickup by the Contractor. Doors on
appliances shall be ~aken off the discarded units-to prevent
entrapment of children. The pickup of unlimited quantities
of junk shall be included in the special assessment imposed
herein, without any additional assessment, service charge,
fee or tax to be imposed by the Board or Contractor for such
service. All collections under the terms of this ordinance
shall be made in a neat and workmanlike manner and any
spillage caused by the contractor shall be removed by the
Contractor·
Customers in residential units may negotiate separate
arrangements with the Contractor for services additional to
those established herein; the County shall in no way be
responsible for the administration or collection of any such
arrangements.
c. commercial Property: A minimum of twice per week
service is required of all customers generating putrescible
waste; otherwise once per week minimum. Such sarvice shall
be provided by bulk container as defined herein, unless a
customer generates ~ess-than-~w~-~-e~b~e-ya~s one
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cubic vard or less or less per week of solid waste; in such
event, standard containers may be utilized. The minimum
commercial collection charge for usage of standard containers
shall be a rate not exceeding the residential rate. A
customer's minimum charge will be based upon two (2) cubic
yards of solid waste per week. The size of the bulk
container and the frequency of collection shall be determined
between the customer and the Contractor except as specified
herein, storage capacity shall be suitable for the amount of
solid waste generated by the customer. Contractor shall
provide bulk containers as necessaryzl howevar, customers may
acquire their bulk container from any source provided that
the customer is completely responsible for its maintenanoe in
accordance with the minimum requirement stated herein. Such
bulk containers shall be of a typ~ that can be serviced by
the Contractor's equipment. If a normal collection day falls
on a holiday, then service shall be provided the next
scheduled pickup day.
SECrION'~FIVE: Amendment to Section Twenty of Collier County
~ Ordinance No. 90-30.
Section Twenty of Collier County Ordinance No. 90-30 is
hereby amended to read as follows:
SECTION TWENTY: TERMINATION OF SERVICE BY CONTRACTOR.
Contractor may not terminate residential service to any
residential unit subject to and not exempted from sDecia~
assessment.
SECTION SIX: Amendment to Section Twenty-one of C011ier County
Ordinance No. 90-30.
Section Twenty-one of Collier County Ordinance No. 90-30 is
hereby amended to read as follows:
SECTION TWENTY-ONE: EXEMPTION PERMITS FOR COM){ERCIAL 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
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to designated County landfills. Such application shall be on
a form as prescribed by the County Manager. Applications
shall be accompanied by a filing fee of an amount as
deternined by resolution of the Board. The application
shall, in addition to other items which may be specified by
the County Manager, 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 a manner such that no leakage, epillage or
'-~ -.... loss.of any.fraction of the load can.occur.'
i Upon determining that the activity for which the
E~e~ption 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
Pe t. The Exemption Permit shall specify thereon the
6°~n%~ facility(ies) to which the solid waste shall be
c~nv~yed 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 s~me application
and procedures for the granting of the original Exemption
Permit. Appeal from any decision of the County Manager
denying or revoking such Exemption Pez~it may be taken to the
Board by the parties 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
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(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.
I
B. Exemption Permits shall not be issued for
residential properties?qgDerallv, but may issue upon the
following basis and criteria:
~, The resideB~al unit for which exemption from the
special assessment is sought must:
a. be ~ssentiallv surrounded by commercial
propertv;
b, provide written con~irmation that its solid
waste sha~l be ~ollected and disposed bv ad4acent co~mercial
DroDetr~.
~. T]3e Contrac~gr Providing service in the affected
Solid waste District shall affirm in writin~ to the Solid
Waste D~re~or that it is imDr~Gtical or economicallv
inefficient-for Contractor to service such residential unit
for which exemption is sought.
.. ~. ~DDlication for this ~esidential Exemption Permit
shall be made in writin~ b~.the residential unit owner with a
~entv-five Dollar ($25,Q0) administrative Drocessin~ fee to
the Sol~d w~s%e Director within thirty (30) days of ~he
mailing date Q~ the special assessment bill.
The Solid waste Director may reGuest and shall be
entitled tQ receive relevant documentation or confirmation of
facts from the applicant and shall, in any event, render a
written decision ekt_b_9? ~rantinG or denvin~ the exemption
reGuest 3within thirty (30) daws of its submission.
4. An ~ppeal ~rom a decisioD of the Solid wa~e
Director den¥~q Qr revoking a Residential Exemption Permit
~¥ be taken to the Board bv the residential ~nit owner so
~Gri~ved by ~ilin~ with the County Manager a pe~it~.on
357
Page 16 of 19
Words ~ndcrl.iDe~ are added; Words s~=u=k-~h=~gh are deleted.
stating the grounds for such appeal, said petition must be
~9~_~j~q_gount¥ Manager within ten il0) daYS after the
mailing of notice of denial by the Solid Waste Director.
i
$, ~r the expiratio~ of the periods of limitation
established in subparagraphs three C3) or four ¢4) of this
subsection, as each ~y apply, no petition, appeal or right
Q~ a~tiQn shall be asserted by the,residential unit owner
applicant.
§. A residential unit exemptiop ~ranted hereunder shall
be formalized bY resolution adopted by the Board and
~ommunicated to the Tax Collector and/or other Board
7. All Residential Exemption Permit~ granted hereunder
sha_l have a duration of up to and no more than three C3)
consec__utive seruice years, whereupon the residential unit
will be subject to the special assessment an~.~ontractor's
solid w~ste collection and disposal service unless a new
Residential Exemption Permit is obtained pursuant to the
procedures described hereabove ........ ..~.... .....
SECTION.SEVEN: Addition~to. Collier.County Ordinance No. 90-30.
The.~following section is added_to Collier County Ordinance
No. 90~30 ~s Section Twenty-two:
SECTION TWENTY-TWO: FINANCIAL HARDSHIP DEFERMENTS
.... . ~ ~eferment of the annual payment obligation of th~
special ~s,~.~ssmep~ m~¥ be obtained by tb~ ~wner of a
r~sidential unit that gualifies upon the basis of financial
hardship as defined herein and accordin~ to the procedures
provide__d hereunder,
A deferment of the payment obligation 6therwise required
u'nder tb~s Ordinance may be granted upon the written request
of a residential unit owner who ~ualifies because of
financial_h__ardship usinq as a standard the H.U.D. SectiGD $
Rental As~istance Program as to annual income, providing
further t___hat hom, e ownership is not in and of itself an
eliminating factor. The deferment will consist of a lie~
placed aqainst the residential property to run with the land
n! Page 17 of 19
Words u erline~ are added; Words s~R-~h~h are deleted.
]X~]_~lI~gi~nt e~ual to the cumulative unpaid special
assessments. The lien will be satisfied uPOn the sale.
~ransfe~ Qr any other disposition of the residential property
subject ~0 the special assessment.
A~ ~pDltcation for financial hardshim deferment is to
Be made through the Collier County Solid Waste Department.
The Collier County Solid Waste Department Director shall
render a written determination upon such application within
thirty (~Q} days of its submitta
......... ~, A residential unit owner who has applied for a
financial hardship deferment and has been denied such
deferment by the Collier County Solid Waste Director may
petition a Financial Hardship Review Committee established
~eF~bv and composed of the Collier County Environmental
Services Administrator. the_Col!i~r County Housing and Urban
Improvement Director and the County Manager. Such written
aPPlication shall be tendered to the Financial Hardship
~9¥i9w ~ommittee c/o'the Collier County EnviroR~ental
Services Administrator office.within thirty (30) days of the
..... date 9f denial by the Solid Waste Director. After the
9_xDiration of this period of limitation, no petition, appeal
or right of action shall be asserted by the residential unit
9wner applicant.
~. A review of the decisions of the Financial Hardship
Ikeview Committee may be heard by the Board upon aDplication
by any. person seekin~ such a review. Such written
~]~plication shall be tendered to the County ManaGer within
!~llirty (~0) d~YS Qf the date of the decision of the Financial
Hardship Review Committee. After the expiration of this
period of limitation, no petition, appeal or right of action
shall be asserted bv the residential unit owner applicant.
D. A deferment ~ranted by the Solid Wasto Department
Director QU. by the Financial Hardship_Review Committee or the
Board shall be formalized by resolution adopted bv the Board
and r_gcorded in the Public Records of Collier County. Florida
~y the Board.
Page 18 of 19
Words underlined are added; Words s~e~-~h~a~h are deleted.
E, All financial hardship deferments shall be subgect
to reevaluation by_the Collier County Solid Waste Director
9yer¥ third service Year following the ~rant of deferment or
~be previous reeyaluation.
SECTION EIGHT: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any clause, section or provision of
this .Ordinance shall be declared to be unconstitutional or invalid
for any cause or reason, the same shall be eliminated from this
Ordina. nce and the remaining portion of this Ordinance shall be in
full .force and effect and be as valid as if such invalid portion
thereof had not been incorporated therein.
SEC'£IQN NINE: EFFECTIVE DATE. .. .
This Ordinance shall.become effect'lYe upon .receipt of notice
of its filing from the office of.the Secretary of State of the
State of Florida .....
PASSED AND DULY ADOPTED.by,tb~_l~oard_(~f County Commissioners
Bo~D o~ couNTY CO~ZSSIOSERS
..'~'jAMES~.C, GILES, Clerk .......... ._: COLLIER.COUNTY, FLORIDA
'?. PAT~ZCZA ~NS ~OOD~Z~.~
'~ ".. , Chairman
A'~,ro~ed as~ to form and
'legai' sufficiency
David d. Wef~el/j
Assistant Count~'Attorney
or~d ack~owledgem_e~.~j~f, that
Page 19 of 19
Words u~der_/ined are added; Words st~ek-%hme~gh are deleted.
k4AP SW-2
SOLID WASTE COLLECTION/
Collier County, Florid6
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No, 91-36
which was adopted by the Board of County Commissioners on
the 14th day of May, 1991, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st
day of May, 1991.
i~ JAMES C. GILES '
Clerk of Courts and
Ex-officio to Board of~.'
,' County Commissioner%
B Maureen
· ~ Deputy Clerk