Agenda 12/13/2016 Item #16D13 16.D.13
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve the after-the-fact submittal of a grant request to the Florida Fish and
Wildlife Conservation Commission for funding in the amount of $4,899.00 for the purchase and
delivery of three(3)Bearsaver Trash Receptacles for three(3) Collier County park/preserve sites.
OBJECTIVE: To purchase Bearsaver Trash Receptacles for Collier County park/preserves sites.
CONSIDERATIONS: The Florida Fish and Wildlife Conservation Commission (FWC) has been
providing incentive funds to local governments to reduce human-bear conflicts using proceeds from sales
of the Conserve Wildlife license plates for over a decade. During Fiscal Year 2016-2017 (July 1, 2016 to
June 30, 2017), FWC will provide $825,000 to assist local governments in reducing human-bear conflicts
by using funds appropriated by the Legislature and approved by the Governor from the 2015 bear hunt
permit sales and other revenues, as well as sales of the Conserve Wildlife license plate. At least $300,000
of these funds must be provided to local governments that have ordinances in place requiring trash and
other bear attractants be kept secure by residents and businesses.
A grant alert and request for eligible projects was received by Collier County on September 21, 2016 with
a submittal deadline of October 14, 2016. Since the deadline was less than a month after the grant alert
was received, Collier County Parks and Recreation responded with eligible projects as allowed by CMA
#5330. Collier County CMA #5330 authorizes the County Manager to approve the submittal of grant
applications with subsequent Board of County Commissioners action at the next available Board meeting
to ratify the approval as"after-the-fact."
�.. FISCAL IMPACT: The total cost for the project is $4,899.00 and the funding request is $4,899.00. The
program allows for an in-kind match in the form of monitoring the effectiveness of the receptacle and
waste management service fees all of which are budgeted in FY17 General Fund.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
ADVISORY BOARD RECOMMENDATION: Due to the grant deadline of October 14, 2016 the
Parks and Recreation Advisory Board will be notified of this item at their October 19th regular meeting.
LEGAL CONSIDERATIONS: The Board will have the opportunity to accept or reject the funds if the
grant is approved. Accordingly, this Office has no issue with respect to the legality of this request, which
is appropriate for Board action and requires majority vote for approval. -JAB
RECOMMENDATION: That the Board of County Commissioners approves the after-the-fact submittal
of one grant request to the Florida Fish and Wildlife Conservation Commission for funding in the amount
of$4,899.00 for three Bearsaver Trash Receptacles for three Collier County park/preserve sites.
Prepared by: Nancy E. Olson,Manager, Parks and Recreation Division
ATTACHMENT(S)
1. Completed Grant Application (PDF)
2. County Manager Permission (PDF)
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16.D.13
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.13
Item Summary: Recommendation to approve the after-the-fact submittal of a grant request to the
Florida Fish and Wildlife Conservation Commission for funding in the amount of $4,899.00 for the
purchase and delivery of three(3)Bearsaver Trash Receptacles for three(3) Collier County park/preserve
sites.
Meeting Date: 12/13/2016
Prepared by:
Title: Operations Analyst—Parks &Recreation
Name: Natali Betancur
10/11/2016 4:09 PM
Submitted by:
Title: Division Director-Parks &Recreation—Parks&Recreation
Name: Barry Williams
10/11/2016 4:09 PM
Approved By:
Review:
Public Services Department Amanda 0.Townsend Additional Reviewer Completed 10/17/2016 9:43 AM
Parks&Recreation Ilonka Washburn Additional Reviewer Completed 10/18/2016 11:07 AM
Parks&Recreation Barry Williams Additional Reviewer Completed 10/19/2016 11:03 AM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 10/26/2016 3:11 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/28/2016 9:14 AM
County Attorney's Office Jennifer Belpedio Additional Reviewer Completed 10/31/2016 8:44 AM
Grants Edmond Kushi Level 2 Grants Review Completed 11/17/2016 3:17 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/17/2016 4:44 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/18/2016 9:33 AM
Grants Therese Stanley Additional Reviewer Completed 12/05/2016 12:26 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 12/05/2016 12:56 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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,a1- -- ''t Application for BearWise Funding
,41..,m,- �.... FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
it*, z"�; ` .*' Division of Habitat and Species Conservation, Imperiled Species Management Section
c ,,, -- o 620 South Meridian Street, Mail Station 6B, Tallahassee, Florida 32399-1600
�� (850) 922-4330 BearManaaement a,MvFWC.com
9TION CO
BearWise Funding Background
The Florida Fish and Wildlife Conservation Commission (FWC) has been providing incentive funds to local
governments to reduce human-bear conflicts using proceeds from sales of the Conserve Wildlife license plate
('the bear plate') for over a decade.
During Fiscal Year 2016-2017 (July 1, 2016 to June 30, 2017), FWC will provide $825,000 to assist local
governments in reducing human-bear conflicts by using funds appropriated by the Legislature and approved by co
the Governor from the 2015 bear hunt permit sales and other revenues, as well as sales of the Conserve c.)
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Wildlife license plate. At least$300,000 of those funds must be provided to local governments that have U
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ordinances in place requiring trash and other bear attractants be kept secure by residents and businesses.
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Factors for Selection
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Funds will be provided to local governments in an equitable manner following state contracting requirements as
appropriate. Applications will be evaluated based on several factors, including:
1) if the local government has an ordinance in place that requires residents and businesses keep <°
trash and other attractants secure from bears,
2) how many households are in an area with high human-bear conflicts within the local government's C7
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jurisdiction, d
3)the amount of match (funds, in-kind, or a combination of both) the local government will provide, E
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4) the likelihood the proposal will result in a community-wide reduction of human-bear conflicts, and 0
5) the number of residences and/or businesses expected to benefit from the proposal. a�
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Local governments are strongly encouraged to consult with FWC staff before submitting their applications to y
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discuss options and implementation ideas. FWC staff can be reached using the contact information above.
Completed applications must be received by close of business on October 14, 2016. Applications should be sent
via email to BearManagement(a�MyFWC.com or mailed to: Florida Fish and Wildlife Conservation Commission,
Attention: Bear Management Program, 620 South Meridian Street, 6B, Tallahassee, FL 32399.
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\�A4rsH A"° Application for BearWise Funding
°�`, FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
Division of Habitat and Species Conservation, Imperiled Species Management Section
0 620 South Meridian Street, Mail Station 6B, Tallahassee, Florida 32399-1600
(850) 922-4330 BearManagement(&,,MyFWC.com
SLAT O N CO'
Local Government Name Collier County Parks and Recreation County Collier
Contact Name Nancy E. Olson Contact Phone 239-252-4000
Contact Email Address nancyolson@colliergov.net
Does your local government have an ordinance requiring trash and other attractants be kept secure in all or a
portion of your jurisdiction?
QYesONo If Yes, please include a copy of your ordinance with this application.
Will your local government be able to make purchases for this proposal and then be reimbursed? v
OYesNo
Brief Description of Proposal
To provide bear-resistant trash receptacles for 1 Collier County Community Park and 2
Conservation Collier Preserve Parks. Max Hasse Community Park (in Golden Gate °
Estates adjacent to Big Cypress Elementary School) and Logan Woods Preserve Park
are located east of 1-75 and lie within 1000 m buffer zone. These park/preserve sites
are popular for hiking, picnics, and athletic play. Bear sightings have been reported
from these locations. Grant funding will allow Collier County to provide secure trash L
receptacles for these three locations while minimizing negative bear-human
interactions. Grant funding would cover the purchase and delivery of three BearSaver
receptacles: ADA Compliant Hid-A-Bag Mini Double Combo Trash/Recycling .
Enclosures HB2G-UPX. c
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a"° Application for BearWise Funding
t T FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
Division of Habitat and Species Conservation, Imperiled Species Management Section /—••
`¢ 0 620 South Meridian Street, Mail Station 6B, Tallahassee, Florida 32399-1600
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�,P `Y 4 (850) 922-4330 BearManagement(a,MyFWC.com
gr'ON CO4r
Proposal Item Description Funds Match In-Kind Total Total Cost
Requested Funds Match Match of Proposal
ArrangBearSave Trash Receptacle $3 249.00 receptacles,for
cation for $3,249.00
p receptacles,monitor
Item#HB2G-UPX (3) compliance,and pay for
service.
Delivery Charge for 3 $1,650.00 $1,650.00
receptacles
TOTAL $4,899.00 $4,899.00
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Estimated number of residences and/or businesses that are anticipated to benefit from this proposal:
83,316 people visited the parks
Residences: and preserves FY2015. Businesses:
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Does your local government offer commercial waste service (i.e., municipal or contracted vendor)? C)Yes0 No
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If Yes, please answer the questions below:
When does the contract expire (if applicable)?
2020
What type of service is available? ❑✓ Universal (All residents must have service)
❑ Subscription (Residents can choose whether to have service)
What type of trucks are used? 0 Manual (Staff empty cans without mechanical assistance)
❑ Semi-Automated (Staff bring cans to auto-lift on back of truck)
❑✓ Fully Automated (Truck has mechanical arm that empties can)
Are trashcans provided to residents?0Yes0No If Yes, what size trashcan is provided? 45 gallon
45 gallon
Is there a size limit on a trashcan that can be serviced?®Yes QNo If Yes, what is the limit?
Anticipated start date: Winter 2016 Anticipated completion date: On going
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Chapter 118-SOLID WASTEW
Footnotes:
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Cross reference—Environment, ch. 54; transportation and disposal of sludge, § 54-116 et seq.; health
and sanitation, ch. 66: natural resources, ch. 90; roads and bridges, ch. 110; utilities. ch. 134.
Land development code reference—Garbage dumpsters, § 2.6.15.
Special act references—Special acts pertaining to solid waste, ch. 258; garbage collection services, §
270-26 et seq.
State Law reference—Authority to provide for waste collection and disposal. F.S. § 125.01(1)(k); Florida
Litter Law, F.S. §403.413; resource recovery and management, F.S. §403.702 et seq.
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ARTICLE I.- IN GENERAL cUj
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Sec. 118-1.- Imposition of fees for users of county solid waste disposal facilities.
(a) Legislative findings. The board hereby finds that it is necessary to establish and impose user fees to
finance the activities of the solid waste department, including transfer stations, sanitary landfills, and
reef and marine development, to be charged to all users who deposit solid waste at these facilities. Q.
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(b) Established. The specific fees for utilization of all solid waste facilities by all users shall be
established by an annual resolution of the board of county commissioners.
(c) Definitions.
(1) Commercial hauler means any person which engages in one or more of the following activities:
a. The transport and disposal of waste materials of another where a fee, direct or indirect, is
charged for such service.
b. The transport of waste materials which originate from a commercial establishment. This
shall include the transportation of waste materials by any owner, proprietor, agent or
employee of any commercial establishment who transports such materials for or on behalf
of such commercial establishment. ca
c. The performance of any service, trade or work in the course of which waste materials are
generated and which are transported as part of the service, trade or work performed,
including but not limited to such activities as lawn maintenance and landscaping, and
construction activities.
(2) Franchise hauler means any commercial entity which enjoys the exclusive right through
franchise agreement with the county for the removal, collection and disposal of solid waste.
(3) Landfill fee means the fee to be assessed at the county's landfill sites based on the amount of
solid waste to be disposed.
(4) Landfill site means any county-owned and -operated facility for the disposal of solid waste.
(5) Reef and marine development means marine facilities owned and operated to provide for
disposal of inert wastes for the purpose of constructing artificial reefs.
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(6) Residential customer means, as defined in the franchise agreements, any residential customer
of the franchise hauler for billing purposes.
(7) Residential disposal fee means a fee collected by franchise haulers from regulated residential
customers based on an estimated average tonnage of solid waste per residential customer to
be disposed of at the landfill sites.
(8) Solid waste means garbage, rubbish, refuse and other discarded solid or semisolid materials
resulting from domestic, industrial, commercial, agricultural and governmental operations, but
does not include solids or dissolved material in domestic sewage or other significant pollutants
in water resources such as silt, dissolved or suspended solids, industrial waste water effluents,
dissolved materials in irrigation return flows, or other common water pollutants.
(9) Transfer stations means any manned county-owned and -operated facility which receives solid
waste from users in order to transport said solid waste into county landfill sites for disposal. A
transfer station may be located at the entrance to a landfill site.
(10) Transfer station fee means the fee to be assessed at the transfer station sites based on the
amount of solid waste to be transported into the landfill sites.
(11) User means any person, public or private, residing in or conducting a business in the county v
and who deposits solid waste at county solid waste facilities. v
(d) Charges by franchise haulers. Franchise haulers shall charge their residential customers, whose u'
rates are regulated by the county, a residential disposal fee. This residential disposal fee shall be
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used to pay for the disposal of residential wastes at county disposal facilities. The franchise haulers N
shall pay for the disposal of residential wastes monthly. The amount of the residential disposal fee
for regulated customers shall be established by resolution of the board of county commissioners o
annually.
(Ord.No. 82-14, §§ 1-3; Ord. No. 82-84, §§ A, B; Ord.No. 84-31, §§ 2-5) n�
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Secs. 118-2-118-25.- Reserved.
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ARTICLE II. - RESERVED°
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Editor's note—Ord. No. 2013-62, § 1, adopted Nov. 12: 2013, repealed Art. II, §§ 118-26-118-34
entitled "Solid Waste Management Advisory Committee", which derived from: Ord. No. 88-36, §§ 1-9.
Secs. 118-26-118-55. - Reserved.
ARTICLE III.-LITTER CONTROL°
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Cross reference—Litter, weeds, debris and plant control, § 54-176 et seq.
State Law reference— Litter control, F.S. §403.413 et seq.
Sec. 118-56.-Title and citation.
This article shall be known and may be cited as the "Collier County Litter Control Ordinance."
(Ord.No. 88-45, § 2)
Sec. 118-57. -Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
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Abandoned property means any wrecked or derelict property having no value other than nominal cD
salvage value, if any, which has been abandoned and unprotected from the elements, and shall include
wrecked, inoperative or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators,
washing machines, plumbing fixtures, furniture, and any other similar article which has no value other u_
than nominal salvage value, if any, and which has been left abandoned and unprotected from the
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elements.
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Litter means any discarded, used or unconsumed substance or wastes. Litter may include but is not
limited to garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, g
newspapers, magazines, glass, metal, plastic or paper containers, or other packaging, construction
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material, motor vehicle parts and tires, furniture, oil or grease, the carcass of a dead animal, any
obnoxious or offensive matter of any kind, any object likely to injure any person or create a traffic or
pedestrian hazard, or anything else of any unsightly nature, which has been discarded, abandoned or
otherwise disposed of improperly.
Person means any natural person, partnership, firm, corporation, company, business, institution,
owner, agent, tenant, occupant or any other entity.
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Storage means the interim containment of litter, in an approved manner, after generation of such a
litter and prior to proper and final disposal.
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Unauthorized accumulation means the accumulation of litter on any residential or commercial
properties which is not contained within containers or receptacles provided for litter or is not otherwise
permitted or authorized by the county ordinance. This shall not include building materials used in
constructing or repairing a building which are stored at the site of such building.
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Written corrective notices means a written statement issued to the violator of this article or to his
agent identifying and specifying the violation, date and time of issuance, corrective measures to be taken,
and date and time correction is to be completed.
(Ord.No. 88-45, § 4)
Cross reference—Definitions generally, § 1-2.
Sec. 118-58. -Penalties.
(a) If any person fails or refuses to obey or comply with or violates any of the provisions of this article,
such person, upon conviction of such offense, shall be guilty of a misdemeanor and shall be
punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days in the county
jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a
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separate and distinct offense. Further, each day of continued violation or noncompliance shall be
considered as a separate offense.
(b) Nothing herein contained shall prevent or restrict the county from taking such other lawful action in
any court of competent jurisdiction as is necessary to prevent or remedy any violation or
noncompliance. Such other lawful actions shall include but shall not be limited to an equitable action
for injunctive relief or an action at law for damages.
(c) Nothing in this section shall be construed to prohibit the county from prosecuting any violation of this
article by means of a code enforcement board established pursuant to the authority of F.S. ch. 162.
(d) All remedies and penalties provided for in this section shall be cumulative and independently
available to the county, and the county shall be authorized to pursue any and all remedies set forth in
this section to the full extent allowed by law.
(Ord.No. 88-45, § 11)
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State Law reference—Penalty for ordinance violations, F.S. § 125.69.
Sec. 118-59.- Findings and purpose.
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(a) The board of county commissioners does hereby make the following findings:
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(1) The careless discarding on public and private property of paper, wrappings, bottles, cans, litter
and waste of every conceivable kind is unsightly, dirty, offensive and a cause of civic disgrace;
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(2) Litter is a fire, health and safety hazard;
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(3) Litter has an injurious effect on property values, destroys community pride and makes the -an
county a less desirable place in which to live; and
(4) Combating litter is a costly waste of money, personnel and material.
(b) It is therefore the purpose of this article to bring about public awareness of the litter problem and to C4
initiate and enforce a litter control program. m
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(Ord. No. 88-45, § 1)
Sec. 118-60.-Applicability.
a)
This article shall apply to and be enforced in all unincorporated areas of the county.
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(Ord. No. 88-45, § 3)
Sec. 118-61.- Enforcement procedures.
(a) Agents of the county code enforcement department and public works department are hereby
empowered to issue written corrective notices to any person violating the provisions of this article.
(b) Written corrective notices issued to violators of this article shall state the date and time issued,
nature of the offense committed, corrective measures to be taken, and the date and time on or
before which such corrections shall be made. In the event the agent issuing the written corrective
notice has reason to believe a violation presents a serious threat to the public health, safety or
welfare of the public or that the violation is of such a nature as to require immediate correction, the
violator may be required by the notice to effectuate immediate corrective measures upon receipt of
the notice. The time period allowed for taking corrective measures shall not exceed 30 days. All such
notices issued shall be maintained by the issuing authority for public inspections during normal office
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hours. Notices mailed to the violator's last-known place of residence by certified mail, return receipt
requested, shall be deemed personal service upon the person, for the purpose of this article.
(c) Any person who has been served such notice in accordance with the provisions of this article, and
who shall neglect or shall refuse or shall fail to fully comply with the corrective notices so ordered
and/or to comply within the time frame so ordered therein, shall be in violation of this article.
(Ord.No. 88-45, § 10)
Sec. 118-62. -Litter declared a public nuisance.
The unauthorized and improper dumping, accumulation or storage of litter or abandoned property on
public or private property is hereby declared to be a public nuisance.
(Ord. No. 88-45, § 5)
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Sec. 118-63.-Unlawful to litter.
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It shall be unlawful for any person to throw, discard, place, drop or deposit litter in any manner or
amount in or upon any public property, private property, highway, street, right-of-way or body of water
within the unincorporated areas of the county, except in areas and containers provided and designated c
for the disposal of litter. In any case where litter is ejected or discarded from a motor vehicle, except at
approved and permitted disposal sites, the operator of the motor vehicle shall be deemed in violation of
this article. 2
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(Ord. No. 88-45, § 6)
Sec. 118-64. -Unauthorized accumulation of litter prohibited.
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Any unauthorized accumulation of litter on any property, vacant or improved, or on or upon any
public street, alley or other public or private place is a violation of this article. Any property owner, tenant,
a)
occupant, agent, manager or other person who owns, maintains, or controls private improved or
unimproved property is hereby declared to be in violation of this article where any such unauthorized
accumulation of litter is maintained or is allowed to remain on such property. 0
(Ord.No. 88-45, § 7)
Sec. 118-65.- Dumping or depositing of abandoned property prohibited. `a
It shall be unlawful for any person to engage in or permit the dumping, storing, placing or depositing
of abandoned property on any real property, street or highway; provided, however, that abandoned
property kept in a completely enclosed building or a business enterprise which is lawfully licensed and
zoned for depositing and storing of abandoned property shall be an exception to this provision. If
abandoned property is kept or stored in connection with a lawfully licensed business enterprise, all
abandoned property shall be screened so that it is not visible from any public right-of-way or from any
property used for residential purposes. It shall be unlawful to engage in or permit the dumping, storing,
placing or depositing of abandoned property in any residential area unless such abandoned property is
kept in a completely enclosed building.
(Ord. No. 88-45, § 8)
Sec. 118-66.-Storage of litter.
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(a) All commercial establishments shall store their litter in containers so as to eliminate wind-driven
debris and unsightly litter in and about their establishments. The number and size of containers
necessary for each commercial establishment shall be that number required to maintain clean, neat
and sanitary premises. Spillage and overflow around containers shall immediately be cleaned up as
it occurs.
(b) All loading and unloading zones at commercial establishments shall be provided with litter
receptacles by the owner of the business to store loose debris, paper, cardboard, packaging
materials, and similar materials.
(c) Any and every person owning or operating any public establishment or public place shall provide
receptacles adequate to contain litter generated from such establishment.
(d) Any and every person in possession, or in charge or in control of any place, public or private, where
litter is accumulated or generated shall provide and at all times maintain said litter in adequate and
suitable receptacles and/or containers capable of holding such materials until proper final disposal is
accomplished.
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(e) All construction and demolition contractors, owners or agents shall provide on-site receptacles for
loose debris, papers, building materials wastes, scrap building materials, and other litter products to
prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed
of on a daily basis.
(Ord.No. 88-45, § 9) co
Secs. 118-67-118-85. - Reserved.
ARTICLE IV.-COLLECTION AND DISPOSAL MUNICIPAL SERVICE BENEFIT UNITS –'
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Footnotes:
a)
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Editor's note—Ord. No. 2005-54, §25, adopted Oct. 11, 2005, repealed art. IV, §§ 118-86-118-98.
118-111-118-120, in its entirety. Formerly, said article pertained to similar subject matter. Sections 1-
22 of provided for a new art. IV to read as herein set out. See the Code Comparative Table for a detailed
analysis of inclusion. E
Cross reference—Special districts: ch. 122.
Sec. 118-86.- Definitions.
A. For the purposes of this Ordinance, the definitions contained in this Section 1 (§ 118-86) 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.
1. Assessment Roll: The list that identifies all of the taxable real property in Collier County, as
described in Section 8 of this Ordinance (§ 118-93).
2. Benefit Unit:Each of the two (2) municipal service benefit units established hereunder.
3. Biological Waste:Those wastes that cause or have the capability of causing disease or infection
including, but not limited to, Biomedical Waste, diseased or dead animals, and other wastes
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capable of transmitting pathogens to humans or animals. This term does not include human
remains that are disposed of by Persons licensed under F.S. ch. 470.
4. Biomedical Waste:Any solid or liquid waste which may present a threat of infection to humans,
including non-liquid tissue, body parts, blood, blood products, and body fluids from humans and
other primates; laboratory and veterinary wastes which contain human disease-causing agents;
and discarded sharps. The following are also included:
(a) used absorbent materials saturated with blood, blood products, body fluids, or excretions
or secretions contaminated with visible blood;
(b) absorbent materials saturated with blood or blood products that have dried; and
(c) non-absorbent, disposable devices that have been contaminated with blood, or body fluids
or secretions or excretions visibly contaminated with blood, if the devices have not been
treated by an approved method.
5. Board:The Board of County Commissioners of Collier County, Florida, or the Board's designee.
6. Bulk Waste:Any large discarded household item that cannot be placed in a Curbside Container
because of its size, volume, shape or weight. Bulk Waste includes, but is not limited to, sofas,
tables, sinks, toilets, other fixtures, furniture, ladders and carpet. Bulk Waste does not include v
White Goods, Electronic Equipment or Extraordinary Waste.
7. Certificate of Occupancy, or Certificate of Completion: A document issued by the County
certifying that a newly constructed building has been constructed in compliance with County 0°
specifications and is suitable for use.
8. Clerk:The Clerk of the Circuit Court of Collier County, Florida, acting as the Clerk of the Board, o
or the Clerk's designee.
9. Collection: The process of picking up, transporting, and dropping off Residential Waste and E.
Commercial Waste at the Designated Sites; or the process of picking up, transporting, and
dropping off Exempt Materials at a licensed disposal site or Recycling Facility.
10. Collection Container:Any container approved by the Manager for storage and collection of Solid
Waste. 'o
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11. Collection Service: Residential Curbside and Non-curbside Collection Service and/or
Commercial Collection Service.
12. Commercial Container: A dumpster, roll-off container, compactor, or other container, that is 0
approved by the Manager for the collection of Solid Waste or Recyclable Materials from
commercial Customers. Commercial containers used for garbage or recycling shall have lids
which remain closed except when materials are being deposited. c
13. Commercial Real Property: Real property that is located in a Benefit Unit and not classified as
Residential Real Property. Commercial Real Property includes property used primarily for: (a)
commercial purposes, such as hotels, motels, stores, restaurants, theaters, service stations,
agriculture, horticulture, and recreational vehicle parks; (b) institutional purposes, such as
governmental offices, churches, hospitals, and schools; and (c) not-for-profit organizations.
Commercial Real Property shall not include commercially zoned property that is used primarily
for residential purposes. Vacant land, not classified as Improved Real Property, shall be
deemed Commercial Real Property.
14. Construction and Demolition (C&D) Debris: Discarded materials generally considered to be not
water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick,
concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or
destruction of a structure, as part of a construction or demolition project, or renovation of a
structure, and including such debris from construction of structures at a site remote from the
construction or demolition project site. The term includes rocks, soils, tree remains, trees, and
other vegetative matter that normally results from land clearing or land development operations
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for a construction project and clean cardboard, paper, plastic, wood and metal scraps from a
construction project, effective January 1, 1997, except as provided in F.S. § 403.707(12)(i),
F.S., unpainted, non-treated wood scraps from facilities manufacturing materials used for
construction of structures of their components and unpainted, non-treated wood pallets,
provided the wood scraps and pallets are separated from other solid waste where generated
and the generator of such wood scraps or pallets implements reasonable practices of
generating industry necessary to minimize the commingling of wood scraps or pallets with other
solid waste; and de minimis amounts of other non-hazardous wastes that are generated at
construction or demolition projects, provided such amounts are consistent with best
management practices of the construction and demolition industries. Mixing of construction and
demolition debris with other types of solid waste will cause it to be classified as other than
construction and demolition debris.
15. Contractor: The Person(s) authorized by the County to collect and transport Solid Waste in a
Service District pursuant to a Service Agreement.
16. Curbside:A location within three (3) feet of the curb, pavement, or edge of the nearest street. If
this location is in a drainage ditch, Curbside shall mean a location adjacent to the Customer's cc
driveway, as close as possible to the nearest roadway.
17. Curbside Container: (a) a metal or plastic container with a tight fitting lid, with two handles on
the sides, with or without wheels, used for the collection of Garbage and Rubbish; and (b) a u..
heavy duty plastic bag sufficient in strength for handling by the Contractor, used to contain
excess garbage and rubbish, provided the bag is closed and unbroken at the time of collection. co
N
18. Customer: Any Person that uses a Contractor's services for the collection of Solid Waste, as
provided by this Ordinance.
19. Division: The Collier County Public Utilities Department, Financial Operations Division or the
County division to which the Manager assigns the responsibility of administering this Ordinance. a -
20. Dwelling Unit:A room or rooms constituting a separate, independent establishment with cooking
facilities/kitchen, a separate entrance, and bathroom facilities, and physically separated by a
cc
wall or a door from any other rooms or Dwelling Units which may be in the same structure or in 0"
separate structures. A hotel or motel room is not a Dwelling Unit. m
21. Electronic Equipment: Electronic devices that have been discarded, including, but not limited to, d
computers, monitors, televisions, cathode ray tubes, printers, scanners, fax machines, game
machines and telephones.
22. Exemption Permit: The County's authorization for a Person, other than a Contractor, to collect,
transport and dispose of Solid Waste, as provided in Section 21 of this Ordinance (§ 118-106). m
23. Extraordinary Wastes:Wastes that require extraordinary management, including, but not limited
cc
to: abandoned automobiles; boats; tree trunks greater than four(4)feet in length, four(4) inches
in diameter and fifty (50) pounds in weight; dead animals; agricultural and industrial wastes;
Biomedical Waste; Biological Waste; Radioactive Waste; and Hazardous Waste.
24. Garbage:All kitchen and table food waste, and animal or vegetative waste that is attendant with
or results from the storage, preparation, cooking, or handling of food materials.
25. Garbage Roll Cart:A heavy-duty plastic container that is mounted on two wheels, complies with
the specifications established by the Manager, and is used for the collection of Garbage and
Rubbish.
26. 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. Hazardous Waste includes any material or substance identified as a
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16.D:13.a
Hazardous Waste or hazardous substance in the Florida Administrative Code, Florida Statutes,
or other applicable law.
27. Holiday: Independence Day, Thanksgiving Day, Christmas Day, and any other day so
designated by the Board of County Commissioners.
28. Improved Real Property:Any cleared, graded or drained real property upon which a building or
structure is erected and occupied or capable of being occupied (i.e., a County Certificate of
Occupancy has been issued)for residential, commercial, institutional or industrial use. Improved
Real Property includes but is not limited to, recreational vehicle parking lots contained within
parks designated as mobile home parks by the County Health Department.
29. Land Clearing Debris: Means rocks, soils, tree remains, trees and other vegetative matter which
normally results from land clearing or land development operations for a construction project.
Land Clearing debris does not include vegetative matter from lawn maintenance, farming
operations, nursery operations, or any other source not related directly to a construction project.
30. Manager:The County Manager of Collier County, Florida, or the Manager's designee. E.
31. Multi-Family Residence: A group of three or more Dwelling Units within a single building,
attached side-by-side or one above another, wherein each Dwelling Unit may be individually v
owned or leased on land which is under common or single ownership.
32. Non-Collection Notice: A durable tag or sticker used to notify a Customer that the Customer's
container or waste material has not been set out in compliance with the requirements of this
00
Ordinance.
33. Non-Conforming Residential Waste:Any non-recyclable material that is set out for collection in
a specified container that is not in accordance with the requirements of this ordinance.
ca
34. Non-Program Recyclables: Recyclable Materials that are not Program Recyclables, but are a
segregated from other materials in the waste stream.
35. Person:Any and all persons, natural or artificial, including any individual, firm, partnership,joint c
venture, or other association, however organized; any municipal or private corporation 0)
organized or existing under the laws of the State of Florida or any other state; any county or
municipality; and any governmental agency of any state or the federal government.
36. Primary Service: The type of service regarded as the primary service to any property that
consists of mixed residential and commercial customers.
37. Private Hauler: Any person and or enterprise engaged in the private business of collecting and
transporting Commercial Recyclables.
38. Program Recyclables: Recyclable Materials that have been designated by the Board for
collection from residential and/or commercial Customers, and are segregated from other
materials in the waste stream.
39. Radioactive Waste: Any equipment or materials that are radioactive or have radioactive
contamination, and are required by law to be stored, treated, or disposed of as radioactive
waste.
40. Rate Resolution: A resolution adopted by the Board under the provisions of Section 9 (§ 118-
94) of this Ordinance and Collier County Ordinance No. 84-31, establishing: (a) the annual
Special Assessments to be imposed upon the owners of Residential Real Property in the
Benefit Units for the forthcoming fiscal year (October 1 through September 30 of the following
year); (b)the rates, fees and charges for the collection of Solid Waste by the Contractor(s)from
Commercial Real Property; and (c) the rates, fees and charges for the disposal of Solid Waste
at the County-authorized Solid Waste management facilities.
41. Recovered Materials: Metal, paper, glass, plastic, textile, or rubber materials that have known
r-�, recycling potential, can be feasibly recycled, and have been diverted and source separated or
have been removed from the waste stream for sale, use, or reuse as raw materials, whether or
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not the materials require subsequent processing or separation from each other, but does not
include materials destined for any use that constitutes disposal. Recovered Materials as
described above are not Solid Waste. Recovered Material does not include any material or
substance that does not fit within one of the six categories described in this definition (metal,
paper, glass, plastic, textile, or rubber).
42. Recyclable Materials:Materials which are capable of being recycled and which would otherwise
be processed or disposed of as Solid Waste. This term encompasses Program Recyclables and
Non-Program Recyclables.
43. Recycling Bin: An eighteen (18) gallon green bin or similar container that is approved by the
Manager and used for the collection of Program Recyclables.
44. Recycling Roll Cart:A heavy-duty plastic container that is mounted on two wheels, has a yellow
lid and complies with the specifications established by the Manager, and is used for the
collection of Recyclable Materials.
45. Residential Customer: A Person who occupies Residential Real Property located within a
County established municipal service benefit unit and who receives Residential Curbside
Collection Service or Residential Non-Curbside Collection Service.
U
46. Residential Non-Curbside Collection Service: The collection of residential Waste from
Residential Customers who occupy a Multi-Family Residence and who do not receive �
Residential Curbside Collection Service.
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47. Residential Non-Curbside Collection Service Exemption: The collection of Residential Waste cv
from Residential Customers who occupy a Multi-Family Residence or single family residence
and who are not exempted from the special assessment and do not receive Residential
Curbside Service due to temporary or permanent site conditions which prevent ingress and/or cc
egress of collection vehicles. •
-
48. Residential Real Property: Improved Real Property that is located in a Benefit Unit and used for
residential purposes, including, but not limited to: Dwelling Units; single family residences;
duplex apartments; apartment buildings; recreational vehicle lots; mobile homes lots; CIS
condominium units; cooperatives established pursuant to F.S. ch. 719; time-share apartments; C�
leased residential premises of the classes described above, whether occupied or not; and
premises occupied as a residence located in or upon commercially zoned real property; m
provided, however, that where property is used exclusively as a recreational vehicle park, as Q'
defined in F.S. § 513.01(10), such property shall be deemed Commercial Real Property.
49. Roll Cart: A heavy-duty plastic container that is mounted on two wheels and complies with the c
specifications established by the Manager. (1)
50. Rubbish: Waste materials, other than Garbage, resulting from normal housekeeping activities
cc
on Residential Real Property and Commercial Real Property. Rubbish includes but is not limited
to, discarded trash, and recyclables such as paper, plastic, bottles, cans and similar materials.
51. Self Hauler: Any owner, occupier, or authorized agent of Real Property approved by the
Manager to remove Solid Waste generated on their own premises. The owner of multiple
properties may service all such properties.
52. Service Agreement:An agreement between the County and a Contractor providing an exclusive
franchise for the collection of Solid Waste in a Service District.
53. Service District:The area served by a Contractor pursuant to a Service Agreement.
54. Service Year: Twelve (12) consecutive months, beginning on October 1 and ending on
September 30 of the following year.
55. Sludge: The accumulated solids, residues, and precipitates generated as a result of waste
treatment or processing, including wastewater treatment, water supply treatment, or operation
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of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease
traps, privies, or similar waste disposal appurtenances.
56. Solid Waste: Sludge unregulated under the federal Clean Water Act or Clean Air Act, Sludge
from a waste treatment works, water supply treatment plant, or air pollution control facility, or
Garbage, Rubbish, refuse, Special Waste, or other discarded material, including solid, liquid,
semi-solid, or contained gaseous material resulting from domestic, industrial, commercial,
mining, agricultural or governmental operations. Solid Waste includes but is not limited to,
Biological Waste, Biomedical Waste, Bulk Waste, C&D Debris, Electronic Equipment, Garbage,
Hazardous Waste, Land Clearing Debris, Radioactive Waste, Recyclable Materials (until they
are recycled), Rubbish, Special Waste, Tires,White Goods and Yard Trash/Biomass.
57. Special Assessment: The non-ad valorem assessment that is levied upon certain real property
in unincorporated Collier County and used to provide funding for the County's Solid Waste
management program.
58. Special Assessment Roll: The list that is prepared pursuant to Section 10 (§ 118-95) of this
Ordinance and identifies the properties in the Benefit Units that are subject to the Specialto
Assessments.
59. Special Events: Special Events are those events requiring a Temporary Use Permit, the v
issuance of which subjects the applicant to enter into a contract with the County's designated
contractor for garbage collection and the submission of a recycling plan for the duration of the
event.
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60. Special Waste: Solid Waste that can require special handling and management, including, but N
not limited to, White Goods, Tires, used oil, lead-acid batteries, C&D Debris, ash residue, Yard
Trash/Biomass, Biological Waste, Hazardous Waste, and Biomedical Waste.
61. Tires: Discarded automotive tires, including rims, but excluding tires that exceed 33 inches in
diameter. a
62. Trust Fund: The Solid Waste Special Assessment Trust Fund established by Section 6 of this
Ordinance (§ 118-91).
C9
63. White Goods: Large discarded appliances, including but not limited to, refrigerators, ranges,
cu
washing machines, clothes dryers, water heaters, freezers and air conditioners or similar
domestic and commercial large appliances.
64. Yard Trash/Biomass: Vegetative matter resulting from landscaping maintenance, including, but
not limited to, shrub and tree trimmings, grass clippings, palm fronds, branches and stump. v
However, such items shall not be considered Yard Trash/Biomass if they are collected by a
commercial landscape company or other Person that provides lawn and garden maintenance E
services for remuneration. v
65. Yard Trash/Biomass Container: (a) A metal or plastic container, with two handles, with or
without wheels, with a capacity not to exceed forty-five (45) gallons, designed by the
manufacturer for the purpose of containing solid waste; (b) A paper sack designed by the
manufacturer for the purpose of containing yard trash/biomass. All Yard Trash/Biomass
containers are subject to the approval of the Manager.
B. Pursuant to F.S. §403.7031, the definitions in this Section 1 (§ 118-86) are intended to be consistent
with the definitions contained in F.S. §403.703.
(Ord.No. 2005-54, § 1; Ord.No. 2015-38, § 1)
Sec. 118-87.-Creation, purpose, and declaration of benefit.
By Ordinance No. 90-30, the county established two municipal service benefit units pursuant to the
authority granted in Chapter 125, Florida Statutes. The benefit units are hereby re-established. The
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.. . ........_... . . ...:..... ......:
16.D13.a
benefit units shall be known as Service District No. I, and Service District No. II, respectively. Each benefit
unit shall consist of a specific portion of the unincorporated area of Collier County. The two benefit units
are described more particularly as follows:
MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. I
Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East also
known as the Lee-Collier County line and the eastern shoreline of the Gulf of Mexico; thence easterly
along said Lee-Collier County line to the northeast corner of Section 12, Township 48 South, Range
26 East; thence north along the east line of Range 26 East, Township 48 South to the northwest
corner of Section 6, Township 48 South, Range 27 East, thence east along the north line of Sections
6, 5, 4, 3, 2 and 1 of Township 47 South, Range 27 East to the northwest corner of Section 1,
Township 48 South, Range 27 East; thence north along the range line of Ranges 27 and 28 East to
the northwest corner of Section 30, Township 47 South, Range 28 East, also known as the center
line of Immokalee Road (CR 846); thence east along the north section lines of Sections 30, 29, 28,
27, 26 and 25 of Township 47 South, Range 28 East to the northeast corner of Section 25, Township
47 South, Range 28 East; thence south along the range line for Ranges 28 and 29 East to the E.
northeast corner of Township 49 South and Range 28 East; thence east along the township line for
Townships 48 and 49 South to the northeast corner of Township 49 South and Range 30 East;
thence south along the range line for Ranges 30 and 31 East to the northeast corner of Township 52
South and Range 30 East; thence east along the township line for Townships 51 and 52 South to the
northeast corner of Township 52 South and Range 31 East; thence south along the range line for
Ranges 31 and 32 East to the northeast corner of Township 53 South and Range 31 East; thence
east along the township line of Townships 52 and 53 South to the northeast corner of Township 53
South and Range 34 East, also being known as the Collier-Miami-Dade County line; thence south
along said county line to the southeast corner of Section 36, Township 53 South, Range 34 East, 2
also being known as the Collier-Monroe County line; thence west along said county line to the
eastern shoreline of the Gulf of Mexico; thence westerly and northerly along the waters of the Gulf of �^
Mexico to the Lee-Collier County line being the north line of Section 6, Township 48 South, Range
25 East and being the Point of Beginning. Less and except all the lands located within the corporate
limits of the City of Naples. Also, less and except all coastal barrier islands, as defined by Section
161.54(2), Florida Statutes, that are not accessible by bridges or causeways. C9
MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. II m
Beginning at the northwest corner of Township 47 South, Range 27 East, Collier County, Florida;
thence east along the Collier-Lee County line also the township line to the northeast corner of c�
Township 47 South, Range 27 East; thence north along the Collier-Lee County line also the range c
line to the northwest corner of Township 46 South, Range 28 East; thence east along the Collier- E
Hendry County line also the township line for Townships 45 and 46 South to the northeast corner of _c
Township 46 South, Range 30 East; thence south along the Collier-Hendry County line also the
range line of Ranges 30 and 31 East to the southeast corner of Township 48 South, Range 30 East;
thence west along the township line for Townships 48 and 49 South to the southwest corner of
Township 48 South, Range 29 East; thence north along range line for Ranges 28 and 29 East to the
southwest corner of Section 19, Township 47 South, Range 29 East; also being known as the center
line of Immokalee Road (CR 846); thence west along the south line of Sections 24, 23, 22, 21, 20
and 19 of Township 47 South, Range 28 East to the southeast corner of Section 24, Township 47
South, Range 27 East; thence south along the range line for Ranges 27 and 28 East to the
southeast corner of Township 47 South, Range 27 East; thence west along the township line for
Townships 47 and 48 South to the southwest corner of Township 47 South and Range 27 East;
thence north along the range lines for Ranges 26 and 27 East to the northwest corner of Township
47 South, Range 27 East, being the Point of Beginning.
These two benefit units were created by Ordinance 90-30 and are hereby re-established, subject to
the revised legal descriptions provided above, for the purpose of(a) protecting the health, safety and
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16.D 13.a
welfare of the residents of the county and (b) providing for the collection, disposal and administration
of solid waste through the levy of the special assessments against residential real property.
The board finds that commercial real property has varying needs for solid waste collection, disposal
and administration services and, therefore, commercial real property shall not be made the subject of
the special assessments. However, in order to provide for the public health, safety and welfare within
the benefit units, it is necessary to provide adequate solid waste collection, disposal and
administration services to commercial real property through the use of one or more contractors.
Accordingly, the board shall provide for such solid waste services and shall annually regulate the
rates, fees and charges assessed by the contractor(s) for the services provided to commercial real
property.
The board hereby declares and determines that: (a) the solid waste collection, disposal and
administration services provided pursuant to this article 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
services; (b) the residential real property in the service districts receives a special benefit from the
solid waste services that are provided to the residential real property as a result of the special
assessments; and (c) the special assessments are fairly and reasonably apportioned among the c7
parcels of residential real property that receive the special benefit. v
(Ord.No. 2005-54, § 2) ``.
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Sec. 118-88. -Governing body.
The board shall be the governing body of the benefit units created by this article.
as
/�. (Ord.No. 2005-54, § 3) Ts."—
Sec.
Sec. 118-89. -Powers.
C7
The board shall have all of the powers granted by general or special law for providing solid waste cs
collection, disposal and administration services, including, without limiting the generality of the foregoing,
the following: °-
E
(1) To sue and be sued and plead and be impleaded, complain and defend in all courts in its own
name. :;
c
(2) To acquire for the purposes of the benefit unit(s), 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. <t
(3) To make contractual arrangements with any public, private or municipal firm, person or
corporation, for the furnishing of solid waste collection, disposal and administration services
within the benefit units or for any matter proper for the effectuation of the purposes of the benefit
units.
(4) To make and adopt resolutions, rules and regulations governing the collection, disposal and
administration of solid waste and recyclable materials within the benefit units for the purpose of
providing the most economical means of solid waste collection, disposal and administration, and
for the purpose of protecting the health, welfare and safety of the residents of the benefit units.
(5) To borrow and expend money and issue bonds and revenue certificates and other obligations of
indebtedness in such manner and subject to such limitations as may be provided by law.
(6) To levy and collect the special assessments within the benefit units.
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(7) To determine rates and collect service charges and fees within the benefit units.
(Ord. No. 2005-54, § 4)
Sec. 118-90.-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. Annually, the board shall consider, amend and adopt a budget for
each benefit unit as county budgets are considered and adopted.
(Ord. No. 2005-54, § 5)
Sec. 118-91.-Trust fund.
There is hereby established a solid waste special assessment trust fund, which will be divided into
two financial accounts, one for each benefit unit. All special assessments and service charges and fees 0
collected pursuant to this article for solid waste collection, disposal and administration services hereunder 0
shall be deposited into the applicable financial account. The funds in each financial account in the trust
fund are funds of the board and will be part of the board's annual budget. The funds on deposit in each u.
financial account shall be used for no purposes other than solid waste collection, disposal and
administration for each corresponding benefit unit and related costs incidental thereto, including, but not 00
limited to, enforcement costs.
0
(Ord. No. 2005-54, § 6)
U
Sec. 118-92.-Prima facie evidence of accumulation of solid waste. if•—•
The fact that any residential real property or commercial real 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 c�
evidence that solid waste is being generated or accumulated upon such residential real property or
commercial real property.
E
(Ord. No. 2005-54, § 7)
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Sec. 118-93. -Annual solid waste collection, disposal and administration special assessment.
There is hereby imposed on all residential real property within the benefit units an annual special cc
assessment for the collection, disposal and administration of solid waste. The amount of the special
assessment for solid waste collection, disposal and administration shall be the rate established in
compliance with the procedure provided herein. Subsequent to the certification of the assessment roll,
pursuant to Chapter 197, Florida Statutes, by the property appraiser, the clerk, or the designee of the
board, 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 for all taxable properties in Collier County, as
reflected in the records of the property appraiser. Thereafter, the board shall cause to be prepared an
independent file or roll which identifies those properties in the benefit units that are subject to the special
assessment. The independent file or roll shall contain sufficient detail to permit ready identification of such
residential real property, consistent with the data contained on the assessment roll.
The annual special assessment may be imposed and collected as a non-ad valorem assessment
pursuant to the procedure set forth in F.S. § 197.3632.
(Ord. No. 2005-54, § 8)
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16.D13.a
Sec. 118-94.-Annual rate resolution.
On or before the first day of October, prior to each service year, or as soon thereafter as the
assessment roll may be available or independent file or roll is completed and the amount of revenue
necessary to fund the collection, disposal and administration of solid waste within the benefit units has
been determined, the board shall hold a public hearing to adopt a rate resolution in accordance with the
provisions of this article and Collier County Ordinance No. 84-31, incorporating a schedule of the annual
special assessments to be imposed upon the owners of all residential real property in the benefit units.
The annual rate resolution shall also establish rates, fees and charges for the services provided by the
contractor(s) to commercial customers, as well as rates, fees and charges for disposal of solid waste at
county facilities. The schedule for the special assessments shall provide sufficient revenues to fund the
collection, disposal and administration of solid waste within the benefit units.
If the board elects to use the non-ad valorem method of collecting the special assessments as part of
the ad valorem tax bills, the procedures set forth in F.S. § 197.3632, shall be followed for the adoption of
rates, fees and charges.
a:
(Ord. No. 2005-54, § 9) U
Sec. 118-95. -Certification of rate resolution.
Upon adoption by the board of the rate resolution provided for in section 118-94 of this article and
County Ordinance No. 84-31, the clerk shall forthwith deliver a certified copy of the rate resolution to the
tax collector or other board designee who will be responsible for collecting the special assessment. Based
upon the rate resolution, the tax collector or other board designee shall cause to be prepared an annual
special assessment roll. The special assessment roll shall contain a description of those properties which
are subject to the special assessment, the name and address of the owner of each parcel of residential
real property, and the amount of the special assessment applicable to each parcel of residential real
property. The description of each parcel of residential real property shall be in sufficient detail as to permit
ready identification of each parcel of residential real property on the assessment roll. ets
C9
(Ord. No. 2005-54, § 10)
a)
Sec. 118-96.-Solid waste collection, disposal and administration service charge prior to initiation of
annual special assessment. v
as
A Solid Waste collection, disposal and administration service charge shall be imposed against each t
owner of Residential Real Property at the time a Certificate of Occupancy is issued by the County. Until
an annual Special Assessment is levied against such Residential Real Property in accordance with the
procedures delineated herein, the amount of the service charge shall be a prorated share of the annual
Special Assessment. The charge shall be paid at the time of issuance of a Certificate of Occupancy, and
transferred into the Trust Fund. Residential Real Property that is evidenced as no longer habitable by
means of a completed demolition permit and/or a physical onsite inspection by a duly authorized
representative of the county shall be exempted from the annual Special Assessment.
(Ord.No. 2005-54, § 11; Ord.No. 2015-38, § 2)
Sec. 118-97. -Scope of special assessment;delinquency; and liens.
The special assessment shall be imposed against the owners of all residential real property 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:
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16.D.13.a
(1) In accordance with Chapter 197, Florida Statutes, and particularly F.S. § 197.3632, providing for
the imposition and collection of the special assessments as a non-ad valorem assessment on
the property tax bills; or, in the alternative,
(2) Pursuant to the authority of Chapter 173, Florida Statues, in accordance with the following
procedures:
The name of the owner and a description of each parcel of residential real property shall be that
designated on the assessment roll maintained by the Property Appraiser of Collier County even
though the property appraiser's assessment roll may not be current with regards to ownership,
and from the certificates of occupancy issued by the county for those parcels of residential real
property that are not described on the assessment roll.
Except when the non-ad valorem method of collection is used pursuant to F.S. § 197.3632, the
special assessment shall be due by October 1 of the service year and shall be payable by a full
lump sum payment within 30 days of an original or corrective billing for such service year for
which payment is required. c
All delinquent special assessments billed and collected by the tax collector or other board 0
designee shall bear interest at the rate of 12 percent per annum. All special assessments v
imposed upon the owners of residential real property under the provisions of this article,
becoming due and payable on or after November 1, 1990 for the 1991 service year or October 1
for all service years thereafter or 30 days after an original or corrective billing for such service T.
year was mailed to the owner of any residential real property that was not billed prior to co
commencement of such service year shall constitute and are hereby imposed as liens against
such residential real property 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 U
claims in and to or against the residential real property involved.
If any special assessment lien becomes delinquent, the board, upon receipt of the list of E'
outstanding and delinquent special assessments from the tax collector or other board designee ;°
under the provisions of section 118-98 of this article, shall, by resolution, record a notice of O
delinquent liens containing the amount of the delinquent special assessment including all
interest provided herein, a legal description of the residential real property against which the lien a�
is imposed and the name of the owner of such residential real property as indicated on the
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. The notice of
u
delinquent lien shall be recorded in the Public Records of Collier County, Florida, by the board. a)
Further, notice of the imposition of the lien on residential real property pursuant to the board's E
resolution shall be mailed by the clerk or the board's designee to each owner of such residential
real property at the owner's last known address. The notice shall contain the same information `a,
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 or the board's
designee, the board shall adopt a resolution indicating satisfaction of the lien or liens, which
shall be recorded in the Public Records of Collier County, Florida, by the board. Further, a
notice of satisfaction of the lien or liens pursuant to the board's resolution shall be mailed by the
clerk or the board's designee to each owner of such residential real property 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 the alternative.
(3) In accordance with the provisions of any other law applicable to the administration and
enforcement of delinquent special assessment payments, or liens and the collection thereof.
(4) The owners of record of the residential real property identified in Collier County Resolution No.
93-357 never received the 1991 special assessment bill or a reminder or a demand letter
therefore, and said residential real property had a lien imposed thereon pursuant to County
Page 16
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16:D13,a
Resolution No. 93-29, which was adopted by the board on January 26, 1993. Notwithstanding
any provision in this article to the contrary, the owners of such property shall be afforded the
following remedy and procedure:
a. All interest accrued for each such parcel of residential real property from the due date of
payment of such 1991 special assessment through September 1, 1993 shall be accounted
for and paid from the appropriate county fund, thereby reducing the outstanding
(delinquent) interest due on such residential real property accounts to zero as of
September 1, 1993. The department is authorized and shall effectuate a refund of interest
paid to those owners of those parcels of residential real property referenced in County
Resolution 93-357 who have paid the then outstanding principal (special assessment
amount) and interest subsequent to the lien being imposed pursuant to County Resolution
No. 93-29 and prior to September 1, 1993.
b. On or before September 1, 1993, the department sent by regular U.S. mail corrective
invoices to the owners of record for those parcels of residential real property identified in
Resolution No. 93-357, such invoices providing billing for payment of the 1991 service year
special assessment without interest, if paid on or before September 20, 1993. If payment co
was not made for such residential real property by September 30, 1993, then interest on
such unpaid invoice shall accrue at the rate of 12 percent per annum commencing October
1, 1993.
c. Full payment of the 1991 service year special assessment, as stated on the corrective
invoice referenced in subparagraph a. above, prior to October 1, 1993, shall result in the 03
residential real property account being considered paid in full, and a resolution indicating
satisfaction of the lien created by County Resolution No. 93-29 shall be adopted by the
board and recorded in the Public Records of Collier County, Florida.
ca
(Ord. No. 2005-54, § 12) a
Sec. 118-98. - Payments.
C9
Billing, receiving and accounting for the payment of the special assessment shall be the
responsibility of (a) the Tax Collector of Collier County pursuant to the provisions of Chapter 197, Florida
Statutes, and the agreement between the board, the tax collector and the property appraiser, and other 7S.
applicableprovisions of law, or(b)the board's other designee(s). o
U
(Ord.No. 2005-54, § 13)
E
s
Sec. 118-99. -Correction of errors and omissions.
Q•
No act or 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
the special assessment imposed by the board under the provisions of this article.
For the 1991 service year and all service years thereafter, the manager shall be and is hereby
authorized to confirm and correct invoice/billing errors and omissions caused on the part of the county
materially affecting residential real property special assessment payment requirements as otherwise
provided in this article, by accounting for and paying from the appropriate county fund the interest
erroneously applied to the residential real property affected by the error or omission.
(Ord.No. 2005-54, § 14)
Sec. 118-100.- Failure to include residential real property on annual solid waste collection, disposal and
administration special assessment roll.
Page 17
Packet Pg. 1337
16.D.13.a
""'"NIf it appears that the special assessment might have been imposed under this article against any
residential real property, but such residential real property was omitted from the appropriate special
assessment roll, the board may, by resolution, impose the applicable special assessment for the service
year in which the error is discovered, plus the applicable special assessment for the prior two service
years, if the residential real property was subject to the special assessment for each of the prior two
service years. The total special assessment shall become delinquent if not fully paid upon the expiration
of 60 days from the effective date of the board's resolution, and upon becoming delinquent shall be
subject to an interest rate of 12 percent per annum. Further, the total amount of the delinquent special
assessment shall constitute, and is hereby imposed, as a lien against such residential real property, and
shall be treated the same as other special assessments.
(Ord.No. 2005-54, § 15)
Sec. 118-101.- Enforcement of delinquent annual garbage and solid waste collection, disposal and
administration special assessments.
ca
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 otherwise provided herein, v
in the amount due under the liens or any recorded liens, including all interest, plus costs and a
reasonable attorney's fee, by proceeding in the appropriate court to foreclose such liens in the manner in
which a mortgage lien is foreclosed under Florida law or, in the alternative, foreclosure proceedings may
be instituted and prosecuted under the provisions of Chapter 173, Florida Statutes, or the collection 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 lots or parcels of land that are the o
subject of a lien or liens.
The clerk or the board's designee 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
parcel of residential real property. In the alternative, the clerk or the board's designee shall certify that no
such special assessments are due, except current and non-delinquent special assessments. The
certificates shall be binding upon the county.
(Ord. No. 2005-54, § 16)
E
0
Sec. 118-102. - Mandatory solid waste collection.
Unless exempt from the provisions of this article or burned under a valid permit, all solid waste
generated and accumulated by a person on residential real property or commercial real property within a
benefit unit shall be collected, conveyed, and transported to an approved county facility by the designated
contractor. Each person that owns or occupies residential real property or commercial real property in the
service district shall be serviced by the contractor, except as provided in section 118-106 of this article.
The owner(s) of commercial real property shall provide a copy of their service contract with a
contractor, or an exemption permit issued pursuant to the provisions of section 118-106 of this article, for
such property to obtain a certificate of occupancy from the county community development and
environmental service department for such property.
Inadvertent or mistaken issuance of a certificate of occupancy shall not relieve any person from
compliance with these provisions.
(Ord. No. 2005-54, § 17)
Sec. 118-103. -Ownership of solid waste and program recyclables.
Page 18
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16.D13.a
A. From the time that Solid Waste and Program Recyclables are placed at the Curbside or other
authorized location for collection by the County or the Contractor, such materials shall be the sole
property of the County. No Person shall have the right to take, keep, process, alter, remove or
otherwise sell or dispose of such materials, without the prior written approval of the Manager.
B. It shall be a violation of this Ordinance for anyone other than authorized agents of Collier County or
the authorized solid waste contractor(s) as identified in this Ordinance to place any type of
solicitation material including but not limited to, advertisements, stickers, pamphlets, business cards,
mail, newspapers, banners, notices or signs of any kind on any Garbage or Recycling Roll Cart or
Recycling Bin.
C. It shall be a violation of this Ordinance for anyone other than authorized agents of Collier County, or
the authorized solid waste contractor(s) as identified in this Ordinance to remove, repair, or replace
Garbage or Recycling Roll Carts or Recycling Bins.
(Ord. No. 2005-54, § 18; Ord. No. 2015-38, § 3)
Sec. 118-104. - Responsibilities of contractor and customer for solid waste collection. C7
The Contractor shall collect Solid Waste from Residential Real Property and Commercial Real
Property, and Customers shall set out their Solid Waste for collection by the Contractor, as follows: 'l
A. All collection services provided by the Contractor under the terms of this Ordinance shall be co
performed in a professional manner in compliance with the Service Agreement, as amended,
which is hereby incorporated into this ordinance and subject to the penalties provided herein,
and all applicable local, state and federal laws. If there is any conflict between the Service 2
Agreement and this Ordinance, this Ordinance shall take precedence. Any litter or spillage
caused by the Contractor shall be removed immediately by the Contractor.
B. Collection service shall be provided by the Contractor on Monday through Saturday, except
Holidays. The Contractor shall not be required to provide collection service on Holidays or C'
during a local emergency, as declared by the Board. Should a Holiday occur on the date
designated as a Customer's collection day, the next collection for that Customer shall take place -o
no later than the next regular collection day for the Customer. In the event of a Federal or State
Disaster Declaration or Declared State of Emergency, collection services outlined in this
Ordinance may be revoked, suspended or altered. c
C. Residential Real Property: 0
w
1. Except as otherwise provided herein or in the Service Agreement, the Contractor shall E
collect, remove and dispose of the Solid Waste set out for collection by residential
Customers. At a minimum, Residential Real Property in the Benefit Units shall be provided
co
collection service at Curbside for the following materials, subject to the provisions of the
Service Agreement: (a) Garbage and Rubbish; (b) Yard Trash/Biomass; (c) Program
Recyclables; (d) Bulk Waste; (e) White Goods; (f) Tires; (g) Batteries; and (h) Electronic
Equipment. Hazardous Waste shall not be placed in roll carts or curbside containers for
collection by the contractor. Hazardous Waste should be taken to a county Recycling Drop-
Off Center or the Hazardous Materials Collection Center for disposal, this includes
pharmaceutical and medicinal waste and hypodermic devices (SHARPS) suitably
contained in a heavy plastic container.
2. Except as otherwise provided herein, residential Customers shall use Garbage Roll Carts
for the collection of Garbage and Rubbish. Residential Customers may use heavy-duty
plastic bags for excess Garbage or Rubbish. Yard Trash/Biomass containers may be used
for the collection of garbage and rubbish in areas that are approved for such service by the
Manager.
Page 19
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16.D.13.a
3. Curbside Containers and Yard Trash/BioMass Containers are subject to the Manager's
approval and shall: (a) be constructed so as to prevent intrusion by water; and (b) have a
cover that is free from sharp edges; and (c) not have inside structures that prevent the free
discharge of the container's contents. Curbside Containers, except Roll Carts, shall not
exceed forty-five (45) gallons in capacity and fifty (50) pounds in weight when filled. The
amount of discarded waste placed in a Garbage Roll Cart or Recycling Roll Cart shall not
exceed the weight limit as specified on the Roll Cart.
4. Program Recyclables shall be set out for collection in a Recycling Roll Cart. Program
Recyclables may be set out in a Recycling Bin in areas approved by the Manager for such
service. Cardboard placed in a Recycling Roll Cart or Recycling Bin shall be flattened and,
if necessary, cut to a size to fit into the Recycling Roll Cart without binding or preventing
the release of the recycling during collection. Cardboard may also be stacked and placed
outside the Recycling Cart or Recycling Bin, any cardboard so stacked must be cut to a
maximum size of 3 ft. x 3 ft. Residential Customers may use heavy-duty clear plastic bags
for excess recyclables.
5. Discarded materials from small household repairs, renovations or projects may be placed
in a Garbage Roll Cart. No other Commercial and Demolition (C&D) Debris shall be placed C�
at the Curbside. C&D generated by the property owner or tenant that cannot be contained
within a Roll Cart shall be transported by the property owner or tenant to an approved
county facility for disposal. C&D Debris generated on Residential Real Property by a
licensed builder or contractor shall be removed by the builder or contractor.
co
6. Garbage Roll Carts, Curbside Containers, Recycling Roll Carts, Recycling Bins, Yard v
Trash/Biomass Containers, and any non-containerized waste appropriate for Curbside
collection shall be placed Curbside prior to 6:00 a.m. on the scheduled collection day.
However, these containers and materials shall be placed at Curbside no earlier than 6:00
p.m. the day prior to the Customer's next regularly scheduled collection day. Such Q---�
containers and materials shall be placed at least three (3) feet from mailboxes or other
obstacles. The Customer shall remove from the Curbside all Curbside Containers,
Garbage Roll Carts, Recycling Roll Carts and Recycling Bins by 6:00 a.m. on the day after E
the scheduled service is completed. c-
7. A residential Customer shall not set out for collection more than four (4) Tires with or
without rims less than 33 inches in diameter and two (2) lead acid batteries per month. Q.,
8. A residential Customer shall contact the Manager at least forty-eight (48) hours before the
Customer's regularly scheduled collection day if the Customer wishes to receive Curbside ..
collection of White Goods, Electronic Equipment, Tires, or lead acid batteries.
9. Garbage and similar putrescible waste shall not be collected, stored, or set out in an open,
uncovered Collection Container.
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10. Solid Waste and Yard Trash/Biomass shall not be placed in the same Curbside Container.
11. Yard Trash/Biomass shall not be placed in Garbage Roll Carts, Recycling Roll Carts, or
Recycling Bins. Yard Trash/Biomass placed in Yard Trash/Biomass Containers shall not
exceed fifty (50) pounds in weight, four (4) feet in length, or four (4) inches in diameter.
Yard Trash/Biomass shall not be set out for collection in plastic bags. A combination of no
more than ten (10) bundles, paper bags or personal containers will be collected at one
time.
12. Yard Trash/Biomass that is not placed in a Yard Trash/Biomass Container shall be bundled
and securely tied with twine or other material strong enough to support the weight of the
bundle. Non-containerized Yard Trash/Biomass shall not exceed fifty (50) pounds in
weight, four(4)feet in length, or four (4) inches in diameter. The foregoing restrictions also
shall apply to other types of non-containerized Solid Waste, except Bulk Waste and
Extraordinary Waste. ..�
Page 20
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16.D 13.a
13. Customers shall not overfill Garbage Roll Carts, Recycling Roll Carts, or Commercial
Containers such that lids cannot be fully closed. Overfilled roll carts and containers are a
potential hazard when lifted by the automatic arm of the collection vehicles.
14. The Contractor shall provide for the collection of Bulk Waste, White Goods, and Electronic
Equipment, subject to the provisions of this Ordinance and the Service Agreement. Such
materials shall be placed at Curbside and shall not include vehicles, vehicle component
parts, boats or boat trailers or their component parts, or liquid waste. Further, Bulk Waste
shall be disassembled, if possible, into sections or pieces of less than fifty (50) pounds in
weight and four (4) feet in length, prior to pickup by the Contractor. Prior to placement at
the Curbside, doors on White Goods shall be taken off the discarded units, or securely
locked from the outside to prevent the entrapment of children.
15. Garbage Roll Carts, Recycling Roll Carts, or Recycling Bins unserviceable due to loss or
customer negligence, will be replaced, and the customer shall pay the contractor's invoice
price plus a delivery fee. The invoice price is subject to change at the Manager's approval.
The delivery fee is set forth in the Solid Waste Rate Resolution as amended.
16. Owners of Residential Real Property may negotiate separate arrangements directly with
the Contractor for services additional to those established herein and in the Service c.)
Agreement. The County shall not be responsible for the administration of or payment for
any such arrangements. u..
D. Ingress and Egress to Residential Real Property:
1. Subject to the conditions contained herein, ingress and egress to Residential Real Property
on private roads must be provided by the affected property owners for the Contractor.
Ingress and egress includes, but is not limited to, maintaining suitable conditions and
widths on the roads, providing adequate room for vehicles to turn around, and managing v
overhanging tree limbs. If part or all of a private road is inaccessible by the Contractor, the
County shall investigate and provide suggestions to the appropriate Home Owner's Q
Association (HOA) or property owners if there is no HOA. If the HOA or affected property
owners do not agree to provide access for the Contractor, the Customer's Curbside co
Containers shall be placed on the closest public right-of-way that is accessible to the 0
authorized Contractor, at a location designated by the Manager that will not obstruct motor
vehicle traffic, pedestrian passage, or stormwater drainage.
2. Owners of single family residences not exempt from the Special Assessment and receiving
Residential Curbside Service, whose property is made incapable of receiving residential V
curbside collection as described in Section 19 (§ 118-104) of this Ordinance due to site
conditions which prevent ingress and egress of collection vehicles and/or curbside
placement of items for collection may apply for a permit to receive Residential Non-
Curbside service in the form of commercial container service, provided that the following
criteria are met, and approved by the Manager: (1) Property owners must make every
reasonable effort to provide ingress and/or egress to collection vehicles before making
application, (2) Placement of Garbage Roll Carts, Recycling Roll Carts, Yard
Trash/Biomass and bulk waste at the nearest County right-of-way must be impossible or
impractical due to public health, safety, welfare concerns, (3) The property owners must
provide an area for commercial container placement that complies with the Collier County
Land Development Code for commercial container enclosures and screening as amended,
and (4) Should the site conditions that prevent ingress and egress of collection vehicles
and/or curbside placement of items for collection be temporary, a plan for rectifying the
condition along with timetables must be submitted with the application.
3. Residential Customers who occupy a Multi-Family Residence or single family residence
and who are not exempted from the special assessment and do not receive Residential
Curbside Service due to temporary or permanent site conditions that prevent ingress
and/or egress of collection vehicles, may make application to have Residential Non-
Curbside Service, or Self Haul Exemption permit, subject to the Manager's approval.
Page 21
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16.D 13.a
E. Commercial Real Property:
1. Except as authorized by F.S. § 403.7046, the provisions of this Ordinance do not apply to
the collection of Recovered Materials that are generated on Commercial Real Property.
2. Except as otherwise provided herein, owners of Commercial Real Property shall enter into
a contract with a Contractor and shall pay the County's approved rates for the collection of
those types of Solid Waste that are subject to the Contractor's exclusive franchise. At a
minimum all Commercial Real Property that generates Garbage and Rubbish shall contract
for an appropriate size container for garbage storage and collection. Unoccupied and
unused Commercial Real Property shall not be required to contract for solid waste
collection service subject to inspection and verification of vacancy by authorized County
Code Enforcement Official. Tenants of owners of Commercial Real Property, who run a
commercial business may enter into a contract with a Contractor with the approval of the
property owner. A copy of the current contract with the Contractor shall be available for
inspection at the property being serviced. Any violations of this ordinance or other county
ordinances by the tenant shall subject the property owner to the penalties hereinafter c
provided. ca�
3. The minimum collection frequency for Commercial Real Property shall be one time per 0
week, with collection not more than seven (7) calendar days apart, except for Holidays.
The minimum collection frequency for restaurants, grocery stores and other facilities that u_
generate significant quantities of Garbage and other types of putrescible waste shall be
twice per week. Organizers of Special Events shall, in accordance with the event permit,
ensure that sufficient containers and collection frequency are contracted to maintain N
Garbage or Recyclables containment until final disposal can be accomplished.
4. Collection service for Commercial Real Property shall be provided with a Commercial T
Container; however, a commercial Customer that generates one (1) cubic yard or less per c.)
week of Solid Waste may use up to two (2) Garbage Roll Carts. Where access or space
restrictions prevent a two (2) cubic yard or greater Commercial Container from being
provided, the Manager may approve a variance for additional Roll Carts to be used at the
relevant Commercial Container rate. 0
5. Commercial Waste. Residential Waste, and Yard Trash/Biomass shall not be placed in the
same collection container. Commercial Containers shall be placed on a paved or concrete
level surface. All approaches to Commercial Containers shall be capable of supporting the Q'
weight of the Collection vehicle. All Collection Containers shall be placed in locations that
allow easy access and convenient use by Customers, and are readily accessible to the
Contractor's vehicles. In the event the Customer and Contractor cannot agree upon an
appropriate location for a Collection Container, the Manager shall mediate the dispute and E
designate the point of Collection. c
co
6. Where Commercial Real Property utilizes a contractor compactor or a third party
compactor and any such compactor breaks down, alternative County approved
Commercial Container(s) must be provided or contracted and serviced at appropriate
frequencies until the compactor is repaired and returned to service.
F. Multi-Family Collection Service:
1. Customers occupying Multi-Family Residences shall receive residential curbside collection
service or residential non-curbside collection service. A Customer occupying a Multi-Family
Residence shall receive residential curbside collection service if the Customer pays the
County's Special Assessment or receives the Manager's approval for such service. All
other Customers occupying Multi-Family Residences shall receive residential non-curbside
collection service.
2. A Customer occupying a Multi-Family Residence and receiving residential collection
curbside service shall receive the same level of service, and shall be subject to the same
Page 22
Packet Pg. 1342
16.D13.a
rates and requirements, and set out times as any other Customer receiving residential
curbside collection service.
3. A Customer occupying a Multi-Family Residence and receiving residential non-curbside
collection service shall receive the same level of service, and shall be subject to the same
rates and requirements, as any other Customer receiving commercial collection service.
4. The Contractors exclusive franchise for the collection of Residential Program Recyclables
includes the collection of program Recyclables generated by those customers that occupy
Multi-Family Residences, even if the customers receive Non-curbside Collection Service.
5. Solid Waste Collection Enclosures - Accessory Structures: All newly constructed buildings
for commercial, industrial or Multi-Family use shall provide sufficient commercial containers
in proper enclosures, as approved by the Manager, to adequately contain all solid waste
generated on the premises between collections. Any commercial, industrial or Multi-Family
user who is now using an approved solid waste container other than a commercial
container shall be permitted to continue that use until such time as significant modifications
or alterations are made to the building or the use thereof. At that time, the Financial C.
Operations Division shall determine if commercial containers are required. All commercial,
industrial or Multi-Family users shall provide an approved commercial container or other v
solid waste container as preapproved by the County.
G. Non-Collection Procedures:
T
1. The Contractor is not required to collect Solid Waste, Program Recyclables, or other
materials unless such materials have been set out for collection by a Customer in
accordance with the provisions of this Ordinance and the Service Agreement. If such
materials are not collected, the Contractor shall immediately place a Non-Collection Notice w,
on the container or Non-Conforming Material. If the Contractor does not place a Non-
Collection
Notice on the container or Non-Conforming Material, the Manager may require a
the Contractor to return promptly and collect the materials.
2. The Contractor may leave Non-Conforming Material, Non-Program Recyclables, andea
excessively contaminated recyclables in the Customer's Recycling Cart or Recycling Bin. If
the Contractor does, the Contractor shall immediately place a Non-Collection Notice a
explaining why the material was not collected. a)
3. In the event a Commercial Container is overfilled and cannot be safely dumped, the
Contractor shall immediately place a Non-Collection Notice on the Commercial Container,
notify the Customer, and reschedule service.
4. The Contractor shall refuse to collect Solid Waste from a Customer if the Contractor
believes that the Solid Waste contains Hazardous, Radioactive, Biological or Biomedical .c
Waste. If the Contractor believes a Customer is depositing such waste for collection, the
Contractor shall place a Non-Collection Notice on the container, take photographs of the
improper waste (if possible), and immediately notify the Manager. If the generator of such
waste is unknown, the Contractor shall work with the Manager to identify the generator of
such waste.
5. The Manager may determine that solid waste that is non-conforming, improperly prepared
or improperly set out, may constitute a significant risk to the public health, safety and
welfare and may remove the items or cause the items to be removed by a Contractor and
may pass the cost of removal along to the property owner.
(Ord.No. 2005-54, § 19; Ord. No. 2015-38, § 4)
Sec. 118-105. -Termination of service by contractor.
Page 23
Packet Pg.1343
16.D.13.a
A. Residential Real Property: The Contractor may not terminate service to any Residential Real
Property that is subject to and not exempted from the Special Assessment.
B. Commercial Real Property: The Contractor may terminate collection service when a commercial
Customer fails to pay for service and the following procedure has been followed:
1. When a commercial Customer's payment is thirty (30) days past due, the Contractor may mail
to such Commercial Customer a notice of intent to terminate service in ten (10) days.
2. If the commercial Customer desires to dispute the bill, the Customer shall notify the Manager in
writing within the ten (10) day period. Upon receipt of the Customer's notice, the Manager shall
resolve the dispute.
3. If the balance remains unpaid after the ten (10) day period provided above, or ten (10) days
following issuance of a written finding by the Manager, the Contractor may discontinue
collection service to the Customer. The Contractor shall notify the Manager within one (1) day
after service is terminated.
4. Upon being notified, the County shall take whatever action it deems appropriate to enforce
compliance with the provisions of the County's Ordinances, including, but not limited to
issuance of a citation. c�
0
C. In the event service is suspended or terminated, the Contractor is authorized to remove from the
Customer's premises any Commercial Containers or other equipment belonging to the Contractor.
D. The Contractor is authorized to charge interest on delinquent accounts with commercial Customers,
r-
based on the highest rate authorized by law, and to charge a fee for resumption of service.
0
(Ord. No. 2005-54, § 20; Ord. No. 2015-38, § 5) 7
0
Sec. 118-106. -Self hauler exemption permits for commercial and residential property; procedure for
obtaining and revoking exemption permits.
A. Commercial Real Property or Residential Real Property:Any owner or occupier of Commercial Real -0
Property or Residential Real Property desiring to remove Solid Waste generated on its own premises
may make application to the Manager for a Self Hauler Exemption Permit to remove and convey the
Solid Waste to designated County facilities. Such application shall be on a form as prescribed by the E
Manager. Applications shall be accompanied by a filing fee in an amount determined by resolution of
the Board. The application shall, in addition to other items which may be specified by the Manager, w
contain at least the following information:
1. Name of applicant.
f4
2. Telephone number of applicant.
3. Facsimile number of applicant.
4. Description of activity generating the Solid Waste.
5. Description of the type of Solid Waste generated and address of premises where such Solid
Waste is generated.
6. The proposed County landfill site where the Solid Waste will be disposed.
7. The vehicle(s) and personnel that will be utilized to transport such Solid Waste.
8. Address where vehicle(s) is parked and can be inspected.
9. A copy of the registration of the vehicle(s).
10. Proof of insurance for the vehicle(s).
Page 24
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16.D 13.a
11. Information sufficient to establish that the equipment to be used is constructed or equipped in a
manner such that no leakage, spillage or loss of any fraction of the load can occur.
12. A copy of the applicant's commercial occupational license, or the Condominium Association or
Homeowner Association articles of incorporation.
Upon determining that the activity for which the Exemption Permit is sought complies with the terms
of the Ordinance, the Service Agreement, and all County, State and Federal laws and regulations,
the Manager may grant an Exemption Permit. The Exemption Permit shall contain a certificate to be
signed by the applicant, certifying that the applicant will comply with the provisions of this Ordinance.
The Exemption Permit shall specify the County facility(ies) to which the Solid Waste shall be
conveyed and shall include any other conditions the Manager deems appropriate. All Solid Waste
being transported pursuant to an Exemption Permit must be transported in a covered or enclosed
vehicle or must be securely covered by a tarpaulin or other device that prevents the material from
falling, blowing or otherwise escaping the vehicle. Vehicles used to transport Solid Waste pursuant to
this Section 21 (§ 118-106) shall have properly functioning safety equipment, including, but not
limited to, head lights, tail lights, hazard lights, windshields, windshield wipers, mirrors and horns.
The Person receiving the Exemption Permit shall timely pay any amounts due and owing for the use e.5
of the County facility(ies) at which the Solid Waste is disposed. Failure to make timely payments to
the County for disposal services may result in the revocation of the Exemption Permit.
LL
The Exemption Permit shall be effective for a period of six (6) months from the granting thereof and
co
may be renewed by filing an updated application and following the procedures for the granting of the
original Exemption Permit.
Upon receipt of notice of a violation of the terms of any Exemption Permit, including the application
therefore, the Manager may revoke such Exemption Permit, after providing notice and a hearing. An
t•—••\ appeal from any decision of the Manager denying or revoking an Exemption Permit may be taken to a
the Board. An appeal shall be initiated by filing with the Manager a petition stating the grounds for
such appeal. The petition must be filed with the Manager within ten (10) days after the County mails
notice of the permit denial or revocation by the Manager.
B. Residential Real Property: Exemption Permits for Residential Real Property may be issued upon the a
following basis and criteria: m
1. The Residential Real Property for which exemption from the Special Assessment is sought
must: o
a. be essentially surrounded by Commercial Real Property; and
b. provide written confirmation that its Solid Waste shall be collected and disposed of by the
owners of the adjacent Commercial Real Property; and or
c. be part of a condominium owners' or homeowners' association of record whose residential
units are receiving non-curbside collection service with a Commercial Container, and be
incapable of receiving the curbside collection service described in Section 19 (§ 118-104)
of this Ordinance due to site conditions which prevent ingress and egress of collection
vehicles and/or curbside placement of items for collection and/or placement of Commercial
Containers and commercial container enclosures as required by the Land Development
Code as amended.
2. The Contractor providing service in the affected Solid Waste District shall affirm in writing to the
Manager that it is impractical or economically inefficient for the Contractor to provide residential
curbside collection service or residential non-curbside service to the Residential Real Property
for which exemption is sought.
3. Application for Exemption Permit shall be made in writing by the Residential Real Property
owner, or on behalf of the Residential Real Property owners of such condominium owners' or
homeowners' association by such condominium owners' or homeowners' association, and shall
Page 25
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be submitted to the Manager. Multi-Family applications must include an affidavit stating that
there has been a majority vote of the membership of the association in favor of making the
permit application. The Manager 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 for reconsideration may be initiated by filing with the Manager a petition stating the
grounds for such appeal. The petition must be filed with the Manager within ten (10) days after
the County mails notice of the permit denial. After the period of limitation established herein no
petition, appeal, or right of action shall be asserted by the Residential Real Property owner(s).
5. A Residential Real Property exemption granted hereunder shall be communicated to the
Property Appraiser and Tax Collector by the Manager.
6. The residential Exemption Permits granted hereunder shall have duration of up to and no more
than one (1) Service Year, whereupon the Residential Real Property shall be subject to the
Special Assessment and Contractor's services unless a new residential Exemption Permit is
co
obtained pursuant to the procedures described in this Section 21 (§ 118-106) of the Ordinance
and subject to the Manager's right to revoke. U
(Ord. No. 2005-54, § 21; Ord. No. 2015-38, § 6) u_
op
Sec. 118-107. - Financial hardship deferments.
Except where the special assessment is imposed and collected as a non-ad valorem assessment on
the property tax bill, a deferment of the annual payment obligation of the special assessment may be
U
obtained by the owner of residential real property that qualifies upon the basis of financial hardship as =Q�
defined herein and according to the procedures provided hereunder.
A deferment of the payment obligation otherwise required under this article may be granted upon the
written request of a residential real property owner who qualifies because of financial hardship using as a
standard the United States Department of Housing and Urban Department of Housing and Urban .
Development's Rental Assistance Program (Section 8) as to annual income, providing further that home m
ownership is not in and of itself an eliminating factor. The deferment shall consist of a lien placed against
the residential real property to run with the land in an amount equal to the cumulative unpaid special E
assessment(s). The lien shall be satisfied upon the sale, transfer or any other disposition of the residential
real property subject to the special assessment(s).
(1) Application for financial hardship deferment shall be submitted to the manager. The manager °1
shall render a written determination upon such application within 30 days of its submittal.
(2) A residential real property owner who has applied for a financial hardship deferment and has
been denied such deferment by the manager may petition the financial hardship review
committee, which is established hereby and composed of the County public utilities
administrator, the County housing and urban improvement director, and the manager. The
written application shall be tendered to the financial hardship review committee (do the Collier
County Public Utilities Administrator's Office) within 30 days of the date of denial by the
manager. After the expiration of this period of limitation, no petition, appeal or right of action
shall be asserted by the residential real property owner.
(3) A review of the decisions of the financial hardship review committee may be heard by the Board
upon application by any person seeking such a review. The written application shall be tendered
to the manager within 30 days of 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 by the residential real property owner.
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(4) A deferment granted by the manager or by the financial hardship review committee or the Board
shall be formalized by resolution adopted by the board and recorded in the Public Records of
Collier County, Florida by the Board.
(5) All financial hardship deferments shall be subject to reevaluation by the manager every third
service year following the grant of deferment or the previous reevaluation.
(6) All financial hardship deferments shall accrue interest on the unpaid principal at the rate of 12
percent per annum, unless the interest is waived by the board based on information provided to
the Board on a case-by-case basis.
(Ord.No. 2005-54, § 22)
Sec. 118-108.- Penalties.
Violations of any section or provision of this Ordinance shall be prosecuted and punished as
provided by F.S. § 125.69. Each day the violation continues shall constitute a separate offense. co
Additionally, the Board may bring suit for damages or to restrain, enjoin or otherwise prevent the violation
of this Ordinance, before the Special Magistrate, or, in the Circuit Court of Collier County.
(Ord.No. 2005-54, § 24; Ord. No. 2015-38, § 7)
co
Secs. 118-109-118-130.-Reserved.
ARTICLE V.- RECYCLING PROGRAM
m
Footnotes: co
---(5)--- m
m
15.
Editor's note—Ord. No. 2009-56, §§ 1-25, adopted Oct. 27, 2009, amended Art. V in its entirety to read
as herein set out. Former Art. V. §§ 118-131-118-149 pertained to similar subject matter. and derived v
from Ord. No. 04-50, §§ 1-19, adopted 2004.
m
E
Sec. 118-131.- Intent and purpose. as
U
It is the intent and purpose of this Ordinance to promote recycling by: (a) requiring businesses,
temporary events, venue facilities, and institutions in Collier County to segregate and recycle as many
designated recyclable materials as possible; (b) requiring multi-family properties to provide collection
containers and recycling services to residents; (c) establishing educational programs concerning
recycling; (d) providing incentives and awards programs that will make recycling more attractive to the
businesses, multi-family properties temporary events, venue facilities, and institutions in Collier County;
and (e)eliminating potential conflicts between the requirements of this Ordinance and the requirements of
the County's Land Development Code. By utilizing a balanced combination of incentives and regulations,
the Board intends to accomplish its recycling goals while minimizing the regulatory requirements in this
Ordinance. The Board also intends to provide sufficient time for, multi-family properties, temporary
events, and venue facilities, in Collier County to comply with the County's new programs.
(Ord.No. 2009-56, § 1)
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16.D13.a
Sec. 118-132.-Title and citation.
This Ordinance shall be known and may be cited as the "Collier County Recycling Ordinance".
(Ord.No. 2009-56, § 2)
Sec. 118-133.-Applicability.
The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of
Collier County, and in any municipalities within Collier County that agree to such application and
enforcement, by inter-local agreement between the governing bodies of the municipality and the County.
(Ord.No. 2009-56, § 3)
Sec. 118-134.-Construction and interpretation.
C9
This Ordinance shall be liberally construed in order to effectively carry out the intent and purpose of
U
the Ordinance. Where any provision of this Ordinance refers to or incorporates another provision, statute,
rule, regulation or other authority, this Ordinance refers to the most current version, including and !L
incorporating any amendments thereto or renumbering thereof.
co
N
(Ord.No. 2009-56, § 4)
0
Sec. 118-135. - Definitions.
a
For the purposes of this Ordinance, the definitions contained in this section shall apply unless °�
otherwise specifically stated. When not inconsistent with the context, words used in the present tense
include the future tense, words in the plural number include the singular, and words in the singular ccc
number include the plural. The word "shall" is always mandatory and not merely discretionary.
Pursuant to F.S. § 403.7031, all definitions in this section shall be construed in a manner that is
consistent with the definitions contained in F.S. § 403.703. In the case of any apparent conflict or c.
inconsistency with the definitions contained in F.S. §403.703, the statutory definition shall apply.
Board means the Board of County Commissioners of Collier County, Florida. ;r
Certificate of Operation means the license that a contractor must obtain from the County before
it can collect recyclable materials in the County. -a
Code Enforcement Board means the Collier County Code Enforcement Board, which may act
as the Collier County nuisance abatement board from time to time, and which is authorized to hear
and decide cases involving violations of any County Code or Ordinance.
Code Enforcement Officer means any authorized agent or employee of the County whose duty
it is to assure code and ordinance compliance.
Collect means to gather or pick up recyclable materials for transport and delivery to a recycling
facility.
Contractor means a person who collects or transports recyclable materials.
County means Collier County, Florida.
County Manager means the County Manager of Collier County or the County Manager's
designee.
Page 28
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16.D13.a
Customer means an owner or generator that enters into a service agreement with a contractor
for recycling services.
De Minimis Amount means the amount of solid waste which lawfully may be included in
separated recyclable materials. A De Minimis Amount of Solid Waste is 10 percent, by volume or
weight, whichever is more restrictive, as determined by a measurement or a visual inspection by the
County Manager.
Dwelling means any building, or part thereof, intended, designed, used, or occupied in whole or
in part as the residence or living quarters of one or more persons, permanently or transiently, with
cooking and sanitary facilities. Such term shall not mean a room in a motel or hotel.
Garbage means all kitchen and table food waste, and animal or vegetative waste that is
attendant with or results from the storage, preparation, cooking, or handling of food materials.
Generator means each business, multi-family property, temporary event organizer, venue
facility, not-for-profit organization and institution (i.e., all persons except individuals) that generates
one or more recyclable materials as a result of its activities.
Hazardous Waste means solid waste, or a combination of solid wastes, which, because of its
quantity, concentration, chemical or physical characteristics, may cause or significantly contribute to o
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 u..
improperly transported, disposed of, stored, treated, or otherwise managed. Hazardous waste
includes any material or substance identified as a hazardous waste or hazardous substance in the co
Florida Administrative Code, Florida Statutes, or other applicable laws.
Materials Recovery Facility means a solid waste management facility that provides for the
extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil C6
amendment, or any combination of such materials. c
Multi-Family Property means a group of three or more dwelling units within a single a
conventional building, attached side by side, or one above another, and wherein each dwelling unit
may be individually owned or leased initially on land which is under common or single ownership. co
C,
Non-Residential Property means real property located in Collier County and used primarily for:
(1) commerce, including but not limited to offices, stores, restaurants, motels, hotels, recreational
vehicle parks, theaters, and service stations; (2) not-for-profit organizations; and (3) institutional a
uses, including, but not limited to, governmental facilities, churches, hospitals and schools.
Ordinance means this County Ordinance No. 2004-50, as amended. v
Organic Waste means garbage or other similar putrescible solid waste, including source m
separated food waste and food-soiled paper. Organic waste does not include yard trash. co
Owner means a person who owns non-residential property, multi-family property, or a venue
facility. An owner also may be a generator.
Person means any and all persons, natural or artificial, including any individual, firm,
partnership, joint venture, public or private corporation, or other association, or any combination
thereof, however organized; any county; and any local, state or federal governmental agency.
Primary Recyclable Material means recyclable material that is generated in an amount greater
than 96 gallons per month.
Recovered Materials means metal, paper, glass, plastic, textile, or rubber materials that have a
known recycling potential, can be feasibly recycled, and have been diverted and source separated or
have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or
not the materials require subsequent processing or separation from each other, but does not include
materials destined for any use that constitutes disposal. Recovered materials as described above
are not solid waste.
Page 29
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.16.D.13.a
,••••Recovered Materials Processing Facility means a facility engaged solely in the storage,
processing, resale, or reuse of recovered materials.
Recyclable Materials means those materials that are capable of being recycled, which would
otherwise be processed as solid waste, and are designated by the Board pursuant to Section Six of
this Ordinance [Section 118-136, herein].
Recyclable Materials Container means any container for the collection of recyclables, including
but not limited to, recycling bins, recycling carts, dumpsters, roll-offs, or compactors, made of metal,
hard plastic or other similar material. Containers must be constructed in a manner that protects
property and the environment from leakage, spillage, and overflow of any type of recyclable
materials.
Recycling means any process by which solid waste, or materials which would otherwise
become solid waste, are collected, separated, processed, and reused or returned to use in the form
of raw materials or products.
Recycling Facility means any facility that recycles recyclable materials, including but not limited
to buy back centers, drop-off centers (both permanent and mobile), designated County recycling
centers, materials recovery facilities and recovered materials processing facilities.
U
Residential Unit means a single-family residence, or duplex residence. U
Restaurant means any bar, tavern or other eating or drinking establishment where food or u
beverages are prepared, served, or sold for profit, either for immediate consumption on or in the
co
vicinity of the premises, or called for or taken out by customers, or prepared prior to being delivered
to another location for consumption.
Self-Hauling Certificate means a written certification by an owner or generator that attests that
the owner or generator is collecting and transporting recyclable materials to a recycling facility. v
Service Agreement means a written agreement between a contractor and an owner or
generator concerning the collection of recyclable materials.
_
Solid Waste means sludge unregulated under the Federal Clean Water Act or Clean Air Act, E
sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or 0
garbage, rubbish, refuse, special waste, or other discarded materials, including solid, liquid, d
semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, m
agricultural, or governmental operations. Solid waste includes but is not limited to biological waste,
E
biomedical waste, bulk waste, C&D debris, commercial waste, disaster debris, electronic equipment,
garbage, hazardous waste, land clearing debris, organic waste, radioactive waste, recyclable
materials (until they are recycled), rejects, residential waste, residue, rubbish, special waste, tires,
white goods, and yard trash. E
.c
Special Magistrate means a person authorized by the Board to hear and decide cases involving
violations of any County codes and/or ordinances.
Substantial Hardship means a demonstrated economic, technological, legal, or other type of
hardship.
Temporary Event means any event requiring: (1) a permit or license pursuant to Chapter 10 of
the Code of Laws and Ordinances of Collier County, Florida; or (2) a permit pursuant to Sections
5.04.05 or 5.04.06 of the Collier County Land Development Code; or(3) any event requiring a permit
or license from the Health or Fire Departments.
Venue Facility means any building or other permanent facility used for temporary events. A
venue facility may be owned by the government, a person, or a non-profit organization.
(Ord. No. 2009-56, § 5)
Sec. 118-136.-Designation of recyclable materials.
Page 30
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I6.D.13.a
For the purposes of this Ordinance, recyclable materials means paper, cardboard, glass, plastic
(Numbers. 1 through 7), aluminum, and ferrous metal. The Board may designate other materials (e.g.,
organic waste) as recyclable materials if the Board determines that a market exists for such materials and
a cost-effective system is in place for recycling such materials. Materials shall be deleted from this list of
recyclable materials if the Board determines that a market no longer exists or a cost-effective system is
no longer in place for recycling such materials.
(Ord.No. 2009-56, § 6)
Sec. 118-137. - Minimum standards for recycling on non-residential property.
(a) Each owner shall: (1) provide recyclable materials containers on the owner's non-residential property
so the generators located on the owner's non-residential property may recycle all of the recyclable
materials that the generators have designated pursuant to Subsection (b), below; and (2)arrange for
collection services of recycling materials placed in the recyclable materials containers or self-haul
and transport those materials to a recycling facility. m
(b) Each generator shall recycle all of the primary recyclable materials that it produces. At least once
each year, each generator shall: (1) consider the list of recyclable materials designated by the v
County pursuant to Section Six of this Ordinance [Section 118-136, herein]; (2) consider the types of
recyclable materials generated by its activities on non-residential property; (3) identify the primary ••
recyclable materials that the generator produces; and (4) identify (i.e., designate) the primary o
recyclable materials that the generator must recycle. Thereafter, each generator shall separate the
designated primary recyclable materials from the generator's solid waste, and place the designated
primary recyclable materials in recyclable materials containers provided for collection.
ca
(c) If a generator's activities do not produce any primary recyclable materials, the generator shall
designate and recycle one or more recyclable material in the manner described in Subsection (b), a
above, unless the generator is exempt pursuant to Subsection 118-141(a), below.
(d) Each generator shall coordinate with the owner of the non-residential property where the generator's co
activities occur, and each owner shall coordinate with the generator on its non-residential property, to c9
ensure that the generator's recyclable materials are taken to a recycling facility. m
(e) No person shall dispose of recyclable materials that have been separated from solid waste pursuant a
to Subsections (b)or(c), above. c
(f) No person shall place solid waste, or hazardous waste in a recyclable materials container. v
(g) No person shall cause litter or a nuisance. Each person shall take all necessary steps to ensure that
their own recycling activities do not cause litter or a nuisance. Each person shall immediately pick up
any litter and eliminate any nuisance caused by their activities.
(h) Each owner shall, upon request, provide the County Manager with a copy of a service agreement, or
self-hauling certificate with receipts from a recycling facility demonstrating that the primary recyclable
materials generated on the owner's non-residential property are being taken to a recycling facility.
The service agreement, or self-hauling certificate, shall be available for inspection by the County
Manager at the owner's non-residential property during -normal business hours. The owner shall
mail or deliver these documents to any generator located on the owner's non-residential property,
within fourteen (14)days, if the generator requests the documents.
(i) Each generator shall, upon request, provide the County Manager with a copy of a service
agreement, or a self-hauling certificate with receipts from a recycling facility demonstrating that the
generator's primary recyclable materials are being taken to a recycling facility. The service
agreement or self-hauling certificate and other documents shall be available for inspection by the
County Manager at the generator's non-residential property during the generator's normal business
hours.
Page 31
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(j) An owner may satisfy its obligations under this Ordinance by performing the required activities itself
or by using the services of a contractor or other person who complies with the requirements of this
Ordinance. However, notwithstanding anything else contained herein, the owner shall be responsible
for ensuring and demonstrating its compliance with the requirements of this Ordinance.
(k) A generator may satisfy its obligations under this Ordinance by performing the required activities
itself or by using the services of a contractor or other person who complies with the requirements of
this Ordinance. However, notwithstanding anything else contained herein, each generator shall be
responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance.
(Ord.No. 2009-56, § 7)
Sec. 118-138. - Minimum standards for recycling on multi-family property.
(a) Each owner shall: (1) provide recyclable materials collection containers on the owner's multi-family
property; and (2) arrange for recycling collection services. E.
(b) Each owner shall display prominent signage indicating the location of recycling collection container 0
locations. U
(c) Each owner shall provide printed recycling education informational materials to residents at a
minimum of two times per year.
T
(d) No person shall dispose of recyclable materials that have been separated from solid waste. N
(e) No person shall place solid or hazardous waste in a recycling collection container.
0
(f) Each owner shall take all necessary steps to ensure that recycling activities do not cause litter or a
nuisance. Each owner shall immediately pick-up any litter and eliminate any nuisance caused by any
recycling activity.
(g) Each owner shall annually provide the Collier County Solid Waste Management Department current
contact information for all multi-family property.
(h) The County's exclusive franchised contractor for the collection of residential program recyclables
includes the collection of program recyclables generated by those customers that occupy multi-familycu
residences, even if the customers receive non-curbside residential collection service.
a
(Ord. No. 2009-56, § 8) U
a,
Sec. 118-139. - Minimum standards for recycling at temporary events. E
.)
(a) Any person seeking a permit for a temporary event within Collier County shall complete and submit
with their permit application the Solid Waste Management Department's Temporary Special Event
Recycling Plan. In addition, promotional literature, signage and temporary event announcements
shall contain information about recycling at the temporary event.
(b) The Solid Waste Management Department shall review the Temporary Special Event Recycling Plan
and determine whether the plan includes reasonable measures to promote recycling, especially for
paper, cardboard, and beverage containers made of plastic, glass and aluminum.
(c) The County Manager shall be allowed to attend the temporary event at no charge, solely for the
purpose of assisting with and verifying the recycling efforts.
(d) If the temporary event will not generate more than one, ninety-six (96) gallon container of non-
separated solid waste for disposal, an administrative variance may be requested from the
requirements to collect recyclable materials. The County Manager will establish a procedure for the
consideration of an administrative variance from the requirements in this section if the County
Manager concludes a good faith effort has been made to satisfy the requirements herein.
Page 32
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(e) The permittee shall provide at least one recyclable materials collection container for each solid waste
container provided at the temporary event. The recyclable materials collection containers shall be
clearly labeled and placed in the same locations as each solid waste container. The permittee shall
arrange for the contents of the recyclable materials collection containers to be delivered to a
recycling center or similar facility.
(f) If the permittee self-hauls recyclables from temporary events to a recycling center or similar facility,
the permittee shall deliver a copy of the recycling center/facility receipt to the Solid Waste
Management Department by fax, email or mail within 30 days of the event.
(g) All temporary event organizers are encouraged to hold a pre-event recycling workshop for vendors
and volunteers.
(Ord. No. 2009-56, § 9)
Sec. 118-140.-Minimum standards for recycling at venue facilities.
(a) The owner of each venue facility shall prepare and implement a Temporary Special Events CD
Recycling Plan. The Temporary Special Events Recycling Plan shall require recycling during each
temporary event and other lawful uses of the venue facility. The Temporary Special Events
Recycling Plan must be submitted annually to the Solid Waste Management Department. The u_
County Manager shall review the Temporary Special Event Recycling Plan to determine whether the r-
plan includes reasonable measures to encourage recycling. At a minimum, the Temporary Special 00
Event Recycling Plan shall be designed to promote recycling of paper, cardboard, and beverage
containers made of plastic, glass, or aluminum. The owner of a venue facility shall be responsible for
ensuring that the Temporary Special Event Recycling Plan is implemented when the venue facility is '1 T5
used.
a
(b) Venue facility managers are encouraged to hold a pre-event recycling workshop for vendors and 0.
volunteers.
a:
(Ord. No. 2009-56, § 10)
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a)
Sec. 118-141.- Exemptions from recycling standards.
E
0
(a) An exemption may be allowed where compliance with the ordinance would result in unnecessary U
hardship to the business and the need for an exemption would not be shared generally by other
businesses. All exemptions are to be construed as temporary, for a period of one (1) year, and shall
be considered withdrawn on the first to occur of: (a) a change in the condition(s)which prompted the
exemption; or(b)the expiration of the time period granted in the exemption. Should an exemption be c
withdrawn because the time period has expired, an applicant may apply for renewal of the a
exemption.
(b) Notwithstanding any other provision herein, an owner shall be exempt from the requirements of this
Ordinance if: (1) all of the generators on the owner's non-residential property are exempt from or not
required to comply with the provisions of this Ordinance; or (2) primary recyclable materials are not
being generated by any activities occurring on the owner's non-residential property.
(c) Notwithstanding any other provision herein, a generator shall not be required to recycle a recyclable
material if the generator demonstrates to the County Manager that there is no collection service
available for recycling such material.
(Ord. No. 2009-56, § 11)
Sec. 118-142.- Extraordinary and innovative recycling.
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(a) All owners, generators, and any person organizing a temporary event, including those who are
exempt from some or all of the requirements in this Ordinance, are encouraged to recycle all of their
recyclable materials.
(b) Owners, generators, and any person organizing a temporary event are encouraged to work with the
County to develop new and innovative methods to recycle other recyclable materials, such as
organic waste.
(c) All municipalities in Collier County are encouraged to adopt and implement recycling programs for
the non-residential properties, multi-family properties, temporary events, and venue facilities located
within the municipalities' corporate boundaries. If requested, the County Manager shall provide
advice and technical assistance with the development of the recycling programs for these
municipalities.
(Ord.No. 2009-56, § 12)
Sec. 118-143.-Awards program for recycling on non-residential property, multi-family property,
temporary events and at venue facilities.
U
The County Manager is hereby authorized to establish and implement and awards program to
recognize owners, generators, and any person organizing a temporary event in the County that
implements exceptional or innovative recycling programs for non-residential property, multi-family
property, at temporary events and at venue facilities.
(Ord.No. 2009-56, § 13)
Sec. 118-144. - Recycling education and promotion program. g�
r
The County Manager is hereby authorized to establish and implement a recycling education and =
promotion program for owners, generators, and any person organizing a temporary event in the County.
The education and promotion program may include, but is not limited to, public workshops, public service •c
announcements, multi-media advertising, and direct mailings concerning the methods and benefits of °'
recycling on non-residential property, multi-family property, temporary events and venue facilities.
0
(Ord.No. 2009-56, § 14) U
Sec. 118-145.- Evaluation of non-residential, multi-family,temporary event, and venue facility recycling
programs.
As needed, the County Manager shall provide a report to the Board concerning the County's
recycling program for non-residential property, multi-family property, temporary events and venue
facilities. The report shall address the effectiveness of the County's recycling programs for non-residential
property, multi-family property, temporary events and venue facilities, the general costs and benefits
associated with these programs, and any changes that should be implemented to improve the
effectiveness of the programs.
(Ord.No. 2009-56, § 15)
Sec. 118-146. - Recycling service agreements.
A contractor shall provide a written service agreement to a customer before the contractor begins to
collect that customer's recyclable materials. The service agreement shall describe the services to be
Page 34
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provided by the contractor, the fees to be paid by the customer, and the other terms of the parties'
agreement.
(Ord.No. 2009-56, § 16)
Sec. 118-147. -Temporary event, and venue facility collection service agreements.
Any contractor engaged by the organizer of a temporary event to provide solid waste and/or
recycling collection service is required to submit a copy of the invoice to the Solid Waste Management
Department within thirty(30) days after submittal of the invoice to the contracting party. Each invoice will
contain an estimate of the municipal solid waste and/or recyclables generated at the event.
(Ord. No. 2009-56, § 17)
Sec. 118-148. -Standards for recycling contractors.
C7
(a) The County Manager shall approve a standard form that will be used as the County's Certificate of v
Operation. The Certificate of Operation shall contain the conditions and limitations that are deemed
appropriate by the County Manager. The Certificate of Operation shall remain in effect for a period of c-
one (1) year, and must be submitted annually from the date of submission unless the Board
approves a longer duration by resolution. op
N
(b) No person may collect or transport recyclable materials in the County for profit unless such person
has obtained a Certificate of Operation from the County's Solid Waste Management Department. o
However, a certified recovered materials dealer, as defined in F.S. § 403.7046, is not required to
obtain a Certificate of Operation before engaging in business in the County.
(c) A not-for-profit person is not required to obtain a Certificate of Operation before collecting or
transporting recyclable materials in the County.
(d) Any person may file an application with the Solid Waste Management Department for a Certificate of
Operation. The application shall be submitted on the form prepared by the County Manager. The Its
m
applicant shall provide all of the information and documentation requested by the County Manager,
including but not limited to the following: E
(1) The name, address and telephone number of the applicant;
U
(2) A description of the vehicles that the applicant will use to collect recyclable materials, including c
the make, model, and serial number of each vehicle; and
(3) A written statement certifying that the applicant has reviewed and will comply with all of the
requirements in the Certificate of Operation and this Ordinance.
(e) If the County Manager determines that the applicant complies with the terms of this Ordinance and
all applicable laws, the County Manager shall grant a Certificate of Operation. The County Manager
shall deny an application for a Certificate of Operation if the County Manager determines that the
applicant does not comply with the terms of this Ordinance or other applicable law. The County
Manager may revoke a Certificate of Operation if the County Manager determines, after providing
notice and an opportunity for a hearing, that a contractor has violated the provisions in a Certificate
of Operation or any applicable law.
(f) A contractor shall provide each of its customers with recyclable materials containers that are
sufficient to accommodate the quantity and types of recyclable materials that will be recycled by the
customer.
(g) A contractor shall conduct all of its activities in accordance with all applicable laws and best
management practices. A contractor's vehicles, equipment, and collection containers shall be kept in
a clean and well-maintained condition.
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-16.1).13.a
(h) A contractor shall not take a customer's recyclable materials to a landfill or other site for disposal,
unless the contractor has received a variance pursuant to Section 21 of this Ordinance[Section 118-
151, herein].
(i) Unless exempt from this requirement pursuant to Chapter 62-722, Florida Administrative Code, a
contractor shall provide quarterly reports to the County identifying, at a minimum, the types and
amounts of recyclable material it collected, and each recycling facility to which the recyclable
material was taken. The County Manager may require the contractor to provide such other
information as the County Manager reasonably determines is necessary, provided such request is
consistent with the provisions of Chapter 62-722, Florida Administrative Code.
(j) A contractor shall not provide collection services prior to 6:00 a.m. or after 6:00 p.m. for a property
located within two hundred (200) feet of a dwelling unless otherwise authorized by the County
Manager. Contractors may provide services at other locations at any reasonable time, subject to
approval by the County Manager. Contractors shall not provide collection services on Sundays
unless otherwise authorized by the County Manager.
r
co
(Ord.No. 2009-56, § 18)
Sec. 118-149.-Self-hauling.
u_
(a) If an owner collects the recyclable materials generated on its non-residential property, at temporary :
events, or at venue facilities and transports those materials to a recycling facility, without using a N
contractor, the owner shall prepare a Self-Hauling Certificate for the County Manager.
(b) If a generator collects and transports its recyclable materials to a recycling facility, without using a
contractor, the generator shall prepare a Self-Hauling Certificate for the County Manager.
(c) The County Manager shall approve a standard form that shall be used as a Self-Hauling Certificate. Q/'—•
At a minimum, the owner or generator shall provide the following information in the Self-Hauling
Certificate:
ea
(1) The name, address, telephone number and email address of the owner or generator that is C7
signing the Self-Hauling Certificate; a)
(2) The address of the non-residential property, temporary event or venue facility where the a.
recyclable materials are generated;
0
(3) The names of the generators that are transporting recyclable materials pursuant to the Self- v
Hauling Certificate; w E
(4) A brief description of the activities or businesses that are generating the recyclable materials;
(5) A list of the types of recyclable materials that are being transported and an estimated tonnage w
or yardage value for each type of recyclable material being taken from the non-residential
property, temporary event, or venue facility to a recycling center;
(6) The name and address of the recycling facility; and
(7) The Occupational License number(s) for the non-residential property or venue facility, and/or
event permit number(s)for temporary events.
(d) The Self-Hauling Certificate shall contain a written statement, signed by the owner or generator,
certifying that the owner or generator is in compliance with the requirements of this Ordinance.
(e) The County Manager may restrict or prohibit self-hauling by a person if the County Manager
determines, after providing notice and an opportunity for a hearing, that the person's self-hauling
activities violate the provisions of this Ordinance or any other applicable law.
(Ord.No. 2009-56, § 19) ,^
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16.D13.a
Sec. 118-150.-County recycling centers and hazardous waste collections.
(a) The County has established recycling centers for the benefit of the community. The County may
impose conditions and limitations upon any person that wishes to use the County's recycling centers,
including limitations on the types and amounts of recyclable materials that will be accepted at the
recycling centers. The County also may charge fees for the use of its recycling centers. The
conditions, limitations, and fees applicable to the recycling centers shall be established by resolution
of the Board.
(b) The County may maintain Hazardous Waste Collection Centers and may, periodically, host special
roundups to accept hazardous materials from residents, including pharmaceuticals for Operation
Medicine Cabinet for proper disposal.
(c) Conditionally exempt and small quantity generators may bring hazardous materials to the recycling
centers upon appointment with the hazardous materials collection and/or disposal company.
Acceptance of the hazardous materials and payment for this service will be the responsibility of the
hazardous material collection and/or disposal company and the generator.
(d) A contractor shall not deliver recyclable materials or solid waste to the County's recycling centers, c9
unless the deliveries are approved in advance by the County Manager. U
(Ord.No. 2009-56, § 20) u
Sec. 118-151. -Variances.
(a) The County Manager shall grant an administrative variance from the requirements in this Ordinance
when an owner, generator or other person demonstrates that the application of the Ordinance would
create a substantial hardship.
(b) Any owner or generator who demonstrates that, due to site specific conditions, the owner or
generator cannot simultaneously comply with this Ordinance and the provision of any section of the
Collier County Land Development Code or the provision of a duly adopted planned unit
development, may seek a variance pursuant to Section 9.04.00 of the Land Development Code. In
the alternative, the County Manager may grant an administrative variance from the requirements of
this Ordinance. �.
E
(c) An application for an administrative variance pursuant to this Ordinance shall be submitted to the
County Manager on a form prescribed by the County Manager.An application for a variance from the v
County's Land Development Code pursuant to this Ordinance, shall be governed by Section 9.04.00 m
of the Collier County Land Development Code. The fee for a variance shall be established by E
resolution of the Board.
(d) Pursuant to Section Five of the 2004 Land Development Code adopting Ordinance (Ordinance No.
2004-50), the requirements of Section 4.05.04 (minimum requirements for parking spaces) and
Section 4.06.00 (minimum requirements for visual screening) of the Land Development Code do not
apply to a person that filed an application for a site plan approval before July 29, 2005 the effective
enforcement date of this Ordinance, but only if and only to the extent that the person's compliance
with this Ordinance precludes the person from complying with the requirements in Sections 4.05.04
and 4.06.00 of the Land Development Code.
(Ord.No. 2009-56, § 21)
Sec. 118-152.- Inspections, enforcement and penalties.
(a) The County Manager is authorized to conduct inspections on non-residential property, multi-family
property, at temporary events and at venue facilities for the purpose of determining compliance with
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the requirements of this Ordinance. The County Manager also is authorized to inspect any vehicle,
equipment or collection container used to collect or transport recyclable materials in the County for
the purpose of ensuring that the vehicle, equipment or container is not producing litter or leaking
liquids or other residuals during transport.
(b) It shall be prima facie evidence of a violation of this Ordinance if an owner or generator fails to have
a recyclable materials collection container in use on their non-residential property, multi-family
property, temporary event or venue facility.
(c) To provide the public with a reasonable opportunity to comply with this Ordinance, the County shall
not seek any penalties for violations of this Ordinance amendment that occur within six months of the
effective date of this Ordinance amendment. The deadline for compliance with this Ordinance may
be postponed by resolution of the Board.
(d) The County Manager shall have the power to enforce the provisions of this Ordinance through the
County's Code Enforcement Board or Special Magistrate using the enforcement process and
penalties established by the Collier County Consolidated Code Enforcement Ordinance, as it may be
amended or replaced. The County Manager also may enforce this Ordinance by using any other
enforcement procedure that is approved by the Board in the future pursuant to a County Ordinance.
(Ord. No. 2009-56, § 22)
u_
Sec. 118-153. -Conflict and severability. 0
N_
In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive
shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held .2
invalid or unconstitutional by any court, administration agency or other body with appropriate jurisdiction,
the remaining section, subsection, sentences, clauses, or phrases and their application shall not be 'Q
affected thereby.
(Ord. No. 2009-56, § 23)
-s
Sec. 118-154. - Inclusion in the County's Code of Laws and Ordinances. a)
a
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to 0
accomplish this goal, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
U
(Ord. No. 2009-56, § 24)
Sec. 118-155. - Effective date.
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.
(Ord. No. 2009-56, § 25)
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16.D.13.b
Cotter
:...
Office of Management& Budget
Grant Application Reviewed and Approved by County
ana;e.3ordesigne-• Ap; •
Coun Mana=.-r
i-" date
TO: Leo Ochs, County Manager
After-the-Fact Approval by the BCC is required at the
CC: Barry Williams,Director,Parks and Recreation December 13,2016 BCC meeting
FROM: Joshuaomfis, Grants Support Specialist o
RE: County Manager review and approval of a 2016-2017 BearWise Grant application
sponsored by the Florida Fish and Wildlife Conservation Commission in the amount of$4,899
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October 11,2016 co
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The Collier County Parks and Recreation Division is applying for BearWise grantco
funding from the Florida Fish and Wildlife Conservation Commission in order to provide bear-
resistant trash receptacles for Max Hasse Community Park and Logan Woods Preserve Park.
These park/preserve sites are popular for hiking,picnics,and athletic play. Bear sightings have
been reported from both of these locations. Grant funding will allow Collier County to provide
secure trash receptacles from these locations while minimizing negative bear-human interactions.
Grant funding would cover the purchase and delivery of three BearSaver receptacles
La
The cost of the three trash receptacles total$3,249 and the cost for delivering the three
receptacles total$1,650. There are no match requirements for this grant opportunity.
The grant funding opportunity was announced September 21, 2016 with a due date of
October 14,2016. Due to the short turnaround,we are asking for your approval to submit the
grant application, followed by after the fact approval by the Board of County Commissioners at
the December 13,2016 BCC meeting. Once you have reviewed the grant application,please sign
in the box above and call me for pickup at 239-252-8989.
Thank you,and please let me know if you have any questions regarding this request.
•�Uji4 4
�rh
3299 Tamiami Trail East,Suite 201.Naples,Florida 34112-5746.239.252-8973•FAX 239-252-8828
Packet Pg.1359