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Ordinance 90-030 ORDINANCE NO. 90- ~0 OF COLLIER COUNTY, FLORIDA, CREATING TWO (2) PORATED AREA OF COLLIER COUNTY FOR THE PURPOSE OF PROVIDING AND REGULATING SOLID WASTE COLLECTION AND DISPOSAL WITHIN THE BENEFIT UNITS; PROVIDING DEFINITIONS; PROVIDING FOR CREATION, PURPOSE, DECLARATION OF BENEFIT; GOVERNING BODY; PO~;c~o~ OF ACCUMULATION OF SOLID WASTE; ANNUAL WASTE COLLECTION AND DISPOSAL SPECIAL ASSESSM~; eo RESOLUTION; SOLID WASTE COLLECTION AND DISP L SERVICE CHA~RGE PRIOR TO INITIATION OF DELINQUENCY; LIENS; PAYMENTS; CORRECTION ERRORS AND OMISSIONS; FAILURE TO INCLUDE RE~I~ DELINQUENT ANNUAL GARBAGE AND SOLID WASTE COLLEC- TION AND DISPOSAL SPECIAL ASSESSMENTS; MANDATORY COLLECTION; PAYMENTS TO CONTRACTOR FOR RESIDEN- TIAL AND COMMERCIAL COLLECTION AND DISPOSAL; RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID WASTE COLLECTION; TERMINATION OF SERVICE BY CONTRACTOR; EXEMPTION PERMITS FOR COMMERCIAL AND RESIDENTIAL PROPERTY; PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION PERMITS; SEVERABILITY; PENAL- TIES; REPEAL OF CONFLICTING ORDINANCES; INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND EFFECTIVE DATE. ~.' WHEREAS, the Board of County Commissioners of Collier County, ... Florida finds that there is an inordinate amount of littering of the public rights-of-way of Collier County with solid waste generated within the County, resulting in the necessity for more .... stringent regulation of solid waste collection and disposal practices within the County; and WHEREAS, the Board of County Commissioners exercises its ~i authority under Section 125.01(k) (q) (r), Florida Statutes, to ~. create two (2) municipal service benefit units for solid waste ~.:: collection and disposal ,n the unincorporated area of the County and to finance such operations with funds derived from special assessments, service charges and fees within such units; and ~., .. WHEREAS, the Courts of the State of Florida, in Charlot~ County v. Fisk, 350 So.2d 578 (Fla. 2d DCA 1977) and tho ~ County CommissiQneys of Char%otte Coupty v. AlexaDder, Case No. ... 82-640 (Fla. 20th Jud. Cir. 1982) determined that levies of foes for solid waste collection and disposal, similar to those levied herein by Collier County, are special assessments; and ! W~EREAS, it has been determined that it is necessary for tho · protection of the public health, safety and welfare of the residents of Collier County to provide for the financing of ~ ' solid waste collection and disposal services to residential and commercial properties within the unincorporated area of Collier County through the regulated services of contractors for particular service areas in which the residential units or commercial properties are located; and ~ WHEREAS, it is necessary and desirable to provide for the levy of special assessments against residential units wi=hin the benefit units and regulated commercial rates for commercial service for the collection and disposal of solid waste reflecting the benefits of such services. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows: ~: 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 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 human 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, omergency rooms or autopsy rooms; -- 2 -- 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 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. B_!toloqical 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. Doard: Board of County Commissioners of Collier County, Florida. E. Bulk Containers: 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. F. Clerk: Clerk of the Circuit Court of Collier County, Florida, acting as the Clerk of the Board. G gQmmercial Property: Hotels; motels; multi-family residences exceeding four dwelling units under one common roof except for fee simple-owned townhouses or row houses; mobile home parks containing mobile homes, excluding those mobile homes considered real property under the Florida Constitution and Florida Statutes; all commercial, manufacturing, agricultural, industrial, and institutional enterprises; also, any building or Jtructuro containinq a dwollinq 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 employment and upon which are located buildings or structures otherwise treated as commercial property under the terms of this Section. H. f~: Refers to tho 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, partner- ships, 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. 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. ~: 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. 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 of, stored, treated, or otherwise managed. 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. 038 243 N. Junk: Any tangible item such as furniture, appliances, bicycles, (excluding motor vehicles, boats and boat trailers) or similar property not having a useful purpose to the owner or abandoned by the owner. o. Multi-Family Residence: Any building or structure consisting of more than one dwelling unit. P. Rate ~esplution: 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 bo imposed upon tho owners of all residential units in benefit unit for the forthcoming fiscal year. Such resolution shall also establish rates, fees and charges for commercial service by the authorized Contractor(s) as well as rates, fOOl and charges for disposal at County-authorized facilities. Q. Recvclables: Those materials designated by the County by resolution establishing a County program for recycling which shall be collected by the Contractor under this Ordinance. R. Resi~entia~ Units: Dwelling units, including single family residences, or as multi-family residences, but excluding any building or structure which constitutes commercial property as defined in this Section. A residential unit shall not be considered to include a mobile home, unless the mobile home is oonsidsrad real under the Florida Constitution and property Florida Statutes. S. 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 places T. Service Area: That area served by the Contractor pursuant to service agreement(s). U. Service Year: The annual period of waste collection and disposal commencing on January 1st of each year and ending December 31st of the uame year. The initial service year under this Ordinance shall commence January 1, 1991. V. ~ludqe: Includes the accumulated solids, residues, and precipitates generated as a result 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. W. ~g]~--~k~: The garbage, rubbish, Junk, yard trash or other discarded or discharged solid or semisolid materials resulting from domestic, commercial, industrial, agricultural, horticultural, construction, demolition, land clearing, institutional, or governmental activities, exclusive of hazardous waste, bfohazardous waste, biological waste and sludge. X. SDScial 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 resi- dential units within such benefit unit, including the billing and administrative costs incurred by the County in the administration of this Ordinance. Y. Special Assessment Roll: Refers to the annual solid waste collection and disposal special assessment roll. Z. ~tandard 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. AA. Yard Trash: All manner of vegetable and woody matter commonly used in landscaping, including, but not limited to grass, leaves, palm fronds, tree branches and hedge trimmings. ~: CREATION. PURPOSE. DECLARATION OF BENEFIT. There are hereby established two (2) municipal service benefit units, (hereinafter 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 opucifio portion of the unincorporated area of Collier County, Florida, 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~ :o the varying needs and benefits of commercial properties in re/ fence to solid waste collection and disposal, commercial proper~es shall not be made the subject of special assessments. ~n cJ~er to provide for the public health, safety and welfare with~'.n~the benefit units it is necessary to provide adequate solid wa~e collection and disposal of commercial properties through tls regulated services of 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. The Board shall be the governing body of the benefit units created by this ordinance. ~u~~: POWERS. The Board shall have all of the powers granted by general or special law for providing solid waste collection and disposal, including, without limiting the generality of the foregoing, the following: A. To sue and b,i suQd and plead and be lmpleaded, complain and defend in all courts in its own name. B. To acquire £or tho purposes of tho benefit unit(e), by grant, purchase, gift, devise, exchange or in any other lawful manner, all property, real or personal, or any estate or interest therein, upon such terms and conditions as the Board shall determine, and to own all such property in its own name. C. TO make contractual arrangements with any public, private or municipal firm, person or corporation, for the furnishing of solid waste collection and disposal within the benefit units or for any matter proper for the effectuation of the purposes of the benefit unite. D. To make and adopt resolutions, rules and regulations governing the collection and disposal of solid waste and recyclables within the benefit units for the purpose of providing the most economical means of solid waste collection and disposal, and for the purpose of protecting the health, welfare and safety of the residents of the benefit units. E. To borrow and expend money and issue bonds and revenue certificates and other obligation of indebtedness in such manner and subject to such limitations as may be provided by law. F. To levy and collect special assessments within the benefit units. G. To determine rates and collect service charges and fees within the benefit units. ~]~: BUDGET ADOPTION. The fiscal year of the benefit units shall commence on October 1 of each year and end on September 30 of the following year. The Board, annually, shall consider, amend and adopt a budget for each benefit unit as County budgets are considered and adopted. 247 There is hereby established a Solid Waste Special Assessment Trust Fund, which will be divided into two (2) project accounts, one (1) for each benefit unit. Ail special assessments and service charges and fees collected pursuant to this ordinance for solid waste collection and disposal hereunder shall be deposited iDto the applicable project account. Th. funds in each project account which constitute the Trust Fund are funds of the Board and will be part of the Board's annual budget. The funds on deposit in each project account which constitute the Trust Fund shall be used for no purpose other than solid waste collection and disposal for each corresponding benefit unit and related costs incidental thereto, including, but not limited to, enforcement and administration costs. ~: pRIMA FACIE EVIDENCE OF ACCUMULATION OF SOLID WASTE. The fact that any residential unit or commercial property within a benefit unit, is capable of being occupied, or has been issued a Certificate of Occupancy by the County, shall be prima facie evidence that solid waste is being generated or accumulated upon such unit or property. ~: AFNUAL SOLID WASTE COLLECTION AND DISPOSAL SPECIAL There is hereby imposed on all residential units within the benefit units an annual special assessment for 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 herein. Subsequent to the certification of the Assessment Roll by the Property Appraiser or the Clerk of courts, or designee of the Board, pursuant to Chapter 197, Florida Statutes, the Board and the Tax Collector or other Board designee shall obtain a copy 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 designee shall cause to be prepared an independent file or roll which contain - 9 - those propertie,~ as provided by the Property Appraiser which are subject to the special assessment described herein. Such indepen- dent file or roll shall contain sufficient detail to permit ready identification of such residential units consistent with data contained on the Assessment Roll. ~: AH~U~L RATE RESOLUTION. On or before the first day of October, prior to each service year, or as soon thereafter as the said Assessment Roll may be 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 hearing to adopt a rate resolution incorpora- ting a schedule of the annual special assessments to be imposed upon the owners of all residential units in the benefit units. The annual rate resolution will 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. Such schedule shall provide sufficient revenues to fund the collection and disposal of solid waste within the benefit units. ~: CERTIFICATION OF RATE RESOLUTION. Upon adoption by the Board of the rate resolution provided in Section 9, the Clerk shall forthwith deliver a certified copy of said rate resolution to the Tax Collector or other Board designee who will be responsible for collecting the special assessment. Based upon said rate resolution, the Tax Collector or other Board designee shall cause to be prepared an annual solid waste collec- tion and disposal special assessment roll. Such roll shall contain a description of those properties as provided by the Property Appraiser which are subject to the special assessment, the name and address of the owner 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 permit ready identification of each unit on the real property assessment roll. - 10 - SECTION ELEVEN: SOLID WASTE COLLECTION AND DISPOSAL SERVICE CHARGE PRIOR TO INITIATION OF AN~ ASSESSMENT. A solid waste collection and disposal service charge shall be imposed against the owners of all residential units 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, and transferred into the Trust Fund. SECTION TWELVE: SCOPE OF SPECIAL ASSESSMENT: DELINQUENCY: LIENS. The special assessment shall be imposed against the owners of all residential units in the benefit unite. Delinquenciee 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 that 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 shall be due and payable by the first day of November prior to each service year 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. Unless otherwise provided herein, such special assessments shall become delinquent if not fully paid by the first day of January of each service year 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. Ail 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. Ail special assessments imposed upon the owners of residential units under the provisions of this Ordinance, becoming due and payable on or after November 1, 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 remain liens equal in "~: rank and dignity with the lien of the County for ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the real property involved. If any special assessment lien becomes delinquent, the Board, upon receipt of the list of outstanding and delinquent special assessments from the Tax Collector or other Board designee under the provisions of Section 13, shall, by resolution, record a ~.?. notice of delinquent liens containing the amount of the delinquent special assessment including all interest provided herein, a legal description of the residential 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 Appraiser's assessment roll may not be current with regard to ownership. Said notice of delinquent lien shall be recorded in the Public Reoords 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 owner 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 lion. 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 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 to each owner of such residential units at the owner's last known addrese. The notice shall contain the same information required in the resolution described herein satisfying the lien. 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 THIRTEEN: ~. Billing, receiving and accounting for the payment of special assessments shall be the responsibility of the Tax Collector of Collier County pursuant to Chapter 197, Florida Statutes or other Board Designee. SECTION FOURTEEN: CORRECTION OF ERRORS AND OMISSIONS. No act of error of omission or commission on the part of the Property Appraiser, Tax Collector, Board, Clerk, or their deputies or employees, or other Board designee(s) shall operate to defeat the duty to pay th~ special assessment imposed by the Board under the provisions of this Ordinance. SECTION FIFTEEN: FAILURE TO INCLUDE RESIDENTIAL UNIT ON ANNUAL SOLID WASTE COLLECTION AND DISPOSAL ~?ECIAL ASSESSMENT ROLL. When it shall appear that the special assessment might have been imposed under this Ordinance against any residential unit, but such unit was omitted from the appropriate special assessment roll, the Board may, by resolution, impose the applicable special assessment for the service year in which such error is discovered, plus the applicable special assessment for the prior two (2) service years, if such residential unit was subject to the special assessment for each of such prior two (2) service years. Such total special assessment shall become delinquent if not fully paid upon the expiration of sixty (60) days from the effective date of said resolution, and upon becoming delinquent shall be subject to an interest rate of twelve (12) percent per annum. Further, the total amount of any such delinquent special assessment shall constitute, and is hereby imposed, as a lien against such residential units, and shall be treated as all other special assessments as defined herein. ~ECTION SIXTEEN: ENFORCEMENT OF DELINOUENT ANNUAL GARBAGE AND ~QJ~STE ~gLLECTION AND DISPOSAL SPECIAL Ail 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 otherwise provided herein, for the amount due under such liens or any recorded liens, including all interest, plus costs and a reasonable attorney's fee by procoeding in n 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 alternatiive, foreclosure proceedings may bm 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 law. 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 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 shall certify that no such special assessments are due, except current and non-delinquent special assessments, which certificates shall be binding upon the County. SECTION SEVENTEEN: MANDATORY COLLECTION. Unless exempted by law from the provisions of this Ordinance or burned under a valid permit, all solid waste generated and accumulated by a residential unit or commercial property within each benefit unit shall be collected, conveyed, and transported to an approved County facility by the designated Contractor, and it is mandatory that all persons within the service area in which the residential unit or commercial property is located, shall be serviced by the Contractor except as provided in Section 21 of this Ordinance. Notwithstanding the above, inert waste materials as dofinod herein from a construction site may be buried on such site as long as such disposal is in conformance with Federal, State and local laws and regulations. The owner(s) of commercial property shall provide a copy of the service contract with a County solid waste collection Contractor or a County-issued Exemption Permit for such property to obtain a Certificate of Occupancy from the Development Services Department for such property. Inadvertent or mistaken issuance of a Certificate of Occupancy shall not relieve the owner from compliance with these provisions. SECTION EIGHTEEN: PAYMENTS TO CONTRACTOR FOR RESIDENTIAL A~]~ COMMERCIAL COLLECTION AND DISPOSAL. Until the effective date of this Ordinance, the Contractor of each benefit unit shall continue to collect service charges for the collection and disposal of solid waste as heretofore. Commencing with the effective date established, the benefit units shall pay the Contractor of each service area from the proceeds of the special assessment in accordance with the terms of a service agreement for each residential unit within the applicable benefit unit. Contractors shall contract directly with commercial property in accordance with the terms of their service agreement. ~ECTION NINETEEN: RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR ~ObID 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 Chri.tmam, NQW YQars, 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. Residential Units: Residences in the benefit units shall be served twice weekly. Solid waste shall be placed within six (6) feet of the closest accessible right-of-way. The customer shall be allowed unlimited pickup provided all solid waste is properly containerized in containers not to exceed thirty-two (32) gallcne, or in ~eeled plastic bags or tied bundles, not exceeding four (4) feet in length. No aforementioned container, bag or bundle may exceed fifty (50) pounds in weight. Ingress and egress on private roads must be provided by the customer. However, if said private road is 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 taken off the diacarded 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 workman- like 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 service shall be provided - 16 - by bulk container as defined herein, unless a customer generates less than two (2) cubic yards 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 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 necessary, however, customers may acquire their bulk container from any source provided that the customer is completely responsible for its maintenance in accordance with the minimum requirement stated herein. Such bulk containers shall be of a type 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. SECTION TWENTY: TERMINATION OF SERVICE BY CONTRACTOR. Contractor may not terminate residential service. SECTION TWENTY-ONE: EXEMPTION PERMITS FOR COMMERCIAL AND RESIDEN- TIAL 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 applica- tion 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 Manager. 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, 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 vehicleo and peroonnel which will bo utilized. 6. Information sufficient to establish that the equip- meet to be used is constructed or equipped in a manner ~uch that no lo~kage, splllag~ or laos o~ any fraction of the load can occur. Upon determining that the activity for which the Exemption Permit ia oought 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(les) 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 grounds for such appeal. Said petition must be filed with the County Manager 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. SECTION TWENTY-TWO: 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 Ordinance 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. SECTION TWENTY-THREE: :"~'ii' Violations of this Ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted and upon convictic, n 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 have the power to collaterally enforce the provisions of this Ordinance through its cods enforcement boards or by appro- priate Judicial writ or proceeding notwithstanding any prosecution ~ in the same manner as a misdemeanor. >' SECTION TWENTY-FOUR: REPEAL OF CQNFLICTING ORDINANCES. The provisions of any other Collier County Ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. : ~CTION TWENTY-FIVE: INCLUSION IN T~ CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a ~' part of the Codo of Laws anti ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or '~ relettered to accomplish such, and the word "ordinance" may be ~,, changed to "section", "article", or any other appropriate word. ?: SECTION TWENTY-SIX: · This ordinance shall become effective upon receipt of notice of its filing from the office of the Secretary of State of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners o~'Collt~r'..County, Florida, this //6~ day of , 1990. .. :ATTEST: BOARD OF COUNTY COMMISSIONERS '~..JA/~ES. C. GILI~S, Clerk COLLIER C31~3NTY, FLORIDA '~!' / BY:MA~ A: ilASS~, JR., Chairman Approved as to form & legal ~t,ffic~nc¥ ,., SOLID WASTE COLLECTION/ SERVICE AREASi c,~ .,~ : Collier County, Fior~dd NUMBER 2 I .] COUNTY O~ COLL~ I, JAMES C. GiLZS, Clerk o~ Coax'ts in ..~nd.~r' the Twentieth /udlclai Circait, Coli~er Co'cnty, Florida, Ordinance ::o. which wa~ adopted by t::e ~ua~d o~ County :.;ITN~SS my hand and the official ~al of County Comm~msionors of Coll;~P Coun%y, ~iorld.~, %:%~s day of April, ~990. ' JAMES C. Clerk of Courts al~d Clerk Ex.-o2f-'cio to ~oal'd o~ ,~". ........ ..  ~,.." ".