Agenda 07/07/2015 Item #17A7/7/2015 17.A.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 2005 -54, which re- established
two Municipal Benefit Units, known as Service District No. 1 and. Service District No. 2, for the
purpose of providing and regulating solid waste collection, disposal and administration, to provide
alignment with the Franchise Agreements as amended, new procedures, clarifications, and
administrative changes.
OBJECTIVE: To update the ten year old Ordinance No. 2005 -54 to meet current business conditions,
provide clarity for customers, and provide alignment with the Franchise Agreements, as amended, new
procedures and administrative changes.
CONSIDERATIONS: On October 11, 2005, the Board of County Commissioners (Board) adopted
Ordinance No. 2005 -54, the Collier County Solid Waste Collection, Disposal and Administration
Ordinance. On May 12, 2015 the Board approved an amendment to Section 19, paragraph 3(c) to increase
yard waste container size not to exceed forty-five gallons in capacity and fifty pounds in weight when
filled.
The proposed Ordinance amendments, in line with Board direction, are focused to improve customer
service and necessary to provide clarity and administrative changes. The proposed changes include:
• Additional and clarification of definitions.
• Exemption from the annual Special Assessment for property confinned as no longer habitable.
• The placement of solicitation materials on any type of garbage, recycle roll cart or bin unless by
authorized agents of Collier County will be a violation of the Ordinance.
• The removal, repair, or replacement of any type of garbage, recycle roll cart or bin unless by
authorized agents of Collier County will be a violation of the Ordinance.
• Clarification that if there is any conflict between the Franchise Agreement and the Ordinance, the
Ordinance shall take precedence.
• Clarification that Hazardous Waste must be taken to a county Recycling Drop -Off Center or the
Hazardous Materials Collection Center for disposal.
• A combination of no more than ten bundles, paper bags or personal containers will be collected at
one time.
• Alternative options for owners of single family residences not exempt from the Special
Assessment and receiving Residential Curbside Service, whose property is made incapable of
receiving residential curbside collection due to site conditions which prevent ingress and egress
of collection vehicles and /or curbside placement of items for 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.
• Ability for tenants of Commercial Real Property to contract independently with the county's
contractor subject to the property owner's approval.
• Requirements for solid waste collection enclosures for all newly constructed buildings for
commercial, industrial or multi- family to provide for sufficient commercial containers
• Additional criteria for the issuance of Self Hauler Exemption Permits for Residential Real
Property.
• Amending the Penalties section to conform with Section 125.69, Florida Statutes.
On June 23, 2015 the Board authorized advertizing the proposed Ordinance Amendment.
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FISCAL IMPACT: There is no fiscal impact associated with this item.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. - SRT
GROWTH MANAGEMENT IMPACT: This amendment and activities anticipated to be tasked under
it will have no impact on the county's Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners adopt an Ordinance amending
Ordinance No. 2005 -54, which re- established two Municipal Benefit Units, known as Service District No.
1 and Service District No. 2, for the purpose of providing and regulating solid waste collection, disposal
and administration, to provide alignment with the Franchise Agreements as amended, new procedures,
clarifications, and administrative changes.
Prepared By: Peter Lund, Manager Customer Service and Utilities Education and Compliance.
Attachments:
Exhibit 1 - Proposed Ordinance No. 2015 -
Exhibit 2 - Ordinance No. 2005 -54
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.A.
7/7/2015 17.A.
Item Summary: Recommendation to adopt an Ordinance amending Ordinance No. 2005-
54, which re- established two Municipal Benefit Units, known as Service District No. 1 and
Service District No. 2, for the purpose of providing and regulating solid waste collection,
disposal and administration, to provide alignment with the Franchise Agreements as amended,
new procedures, clarifications, and administrative changes.
Meeting Date: 7/7/2015
Prepared By
Name: HendricksonLisa
Title: Operations Coordinator, Public Utilities Department
6/10/2015 11:29:44 AM
Submitted by
Title: Manager - Revenue, Public Utilities Department
Name: LundPeter
6/10/2015 11:29:45 AM
Approved By
Name: LundPeter
Title: Manager - Revenue, Public Utilities Department
Date: 6/11/2015 12:09:32 PM
Name: RiesenTeresa
Title: Manager - Revenue, Public Utilities Department
Date: 6/11/2015 12:18:58 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
Date: 6/12/2015 9:30:45 AM
Name: Joseph Bellone
Title: Division Director - Operations Support, Public Utilities Department
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Date: 6/12/2015 2:44:55 PM
7/7/2015 17.A.
Name: RodriguezDan
Title: Division Director - Solid Waste, Public Utilities Department
Date: 6/15/2015 10:45:25 AM
Name: YilmazGeorge
Title: Department Head - Public Utilities, Public Utilities Department
Date: 6/15/2015 12:36:54 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/24/2015 3:34:25 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/26/2015 11:18:23 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/29/2015 9:44:57 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/29/2015 12:05:22 PM
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ORDINANCE NO. 2015-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2005 -54,
WHICH RE- ESTABLISHED TWO MUNICIPAL SERVICE BENEFIT
UNITS, KNOWN AS SERVICE DISTRICT NO. I AND SERVICE
DISTRICT NO. 2, FOR THE PURPOSE OF PROVIDING AND
REGULATING SOLID WASTE COLLECTION, DISPOSAL AND
ADMINISTRATION WITHIN THE BENEFIT UNITS, SPECIFICALLY
AMENDING SECTION ONE, DEFINITIONS; SECTION ELEVEN,
SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION
SERVICE CHARGE PRIOR TO INITIATION OF ANNUAL SPECIAL
ASSESSMENT; SECTION EIGHTEEN, OWNERSHIP OF SOLID WASTE
AND PROGRAM RECYCLABLES; SECTION NINETEEN,
RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID
WASTE COLLECTION; SECTION TWENTY, TERMINATION OF
SERVICE BY CONTRACTOR; SECTION TWENTY -ONE, EXEMPTION
PERMITS FOR COMMERCIAL AND RESIDENTIAL PROPERTY;
PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION
PERMITS; AND SECTION TWENTY -FOUR, PENALTIES; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 1 of the Florida Constitution and Sections 125.01 and
125.66, Florida Statutes, grant to the Board of County Commissioners of Collier County, Florida,
(`Board ") all powers of local self - government to perform County functions and to render
services for County purposes in a manner not inconsistent with general or special law, and such
powers may be exercised by the enactment of County ordinances; and
WHEREAS, Sections 125.01(1) and 403.706, Florida Statutes, grant the Board the
authority to regulate solid waste collection and disposal services within the County; and
WHEREAS, Chapter 403, Florida Statutes, grants the Board the authority to implement a
comprehensive recycling program in the County; and
WHEREAS, through its adoption of Ordinance No. 2005 -54, the Board exercised its
authority under Section 125.01 (1), Florida Statutes, to create two (2) municipal service benefit
units (Service District No. 1 and Service District No. 2) for the collection, disposal, and
administration of solid waste generated in the unincorporated areas of the County and to finance
such operations with funds derived from special assessments, service charges, and fees within
such units, and
Words Underlined are added; Words Swdek are deleted
a
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WHEREAS, the Board has determined that it is necessary to amend Ordinance
No. 2005 -54 in order to update and clarify certain provisions within the Ordinance and provide
additional alternatives where ingress and egress to residential real property for curbside service is
prevented.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2005-54.
Section One of Ordinance No. 2005 -54 is hereby amended to read as follows:
SECTION ONE: DEFINITIONS.
A. For the purposes of this Ordinance, the definitions contained in this Section 1
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.
2. Benefit Unit: Each of the two (2) municipal service benefit units
established hereunder.
4-- 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 capable of transmitting pathogens to humans or animals. This term
does not include human remains that are disposed of by Persons licensed under Chapter 470,
Florida Statutes.
-34. 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:
Words Underlined are added; Words &msk T4ou are deleted
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(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 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 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, or the Clerk's designee.
9. Collection: The ,process of picking up, transporting, and dropping off
Residential Waste and 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.
11. Collection Service: Residential Curbside and Non - curbside Collection
Service and/or Commercial Collection Service.
912. Commercial Container: A dumpster, roll -off container, compactor, or
other container, e� , that is approved by the Manager for the collection of Solid
Waste or Recyclable Materials from commercial Customers. Commercial containers used for
Words Underlined are added; Words &ffttsk-Thfeugh are deleted
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garbage or recycling shall have lids which remain closed except when materials are being
deposited.
4-013. 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.
4414. 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, r-esulting from the construction, —or destruction, °r Fenevati 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 ;md includi*ges rocks, soils, tree remains, trees, and other vegetative matter that normally
results from land clearing or land development operations for a construction project. and clean
cardboard, paper, plastic, wood and metal scraps from a construction proiect• effective January
1997, except as provided in Section 403.707(12)(i) F.S., unpainted, non - treated wood scrgRs
from facilities manufacturing materials used for construction of structures of their components
and unpainted, non treated wood pallets provided the wood scrMs 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.
4-2 15. Contractor: The Person(s) authorized by the County to collect and
transport Solid Waste in a Service District pursuant to a Service Agreement.
Words Underlined are added, Words Stmok T hFaugh are deleted
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4-316. 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 driveway, as close as possible to the nearest roadway.
4417. 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 nett Gai4, and (e) a 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.
4-5 18. Customer: Any Person that uses a Contractor's services for the
collection of Solid Waste, as provided by this Ordinance.
4-6 19. Division Dom: The Collier County Public Utilities Department
Divisiien, Financial Operations Selid Waste Managemefit. Division Dffl1qqpj2pj or the County
division to which the Manager assigns the responsibility of administering this
Ordinance.
4-720. 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 wall or a door from any other rooms or Dwelling Units which may be
in the same structure or in separate structures. A hotel or motel room is not a Dwelling Unit.
4421. Electronic Equipment: Electronic devices that have been discarded,
including, but not limited to, computers, monitors, televisions, cathode ray tubes, printers,
scanners, fax machines, game machines, and telephones.
4-922. 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.
2023. Extraordinary Wastes: Wastes that require extraordinary management,
including, but not limited 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.
Words Underlined are added, Words gxislcfetgh are deleted
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24 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 elastic 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.
2426. 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 Hazardous Waste or hazardous substance in the Florida Administrative Code, Florida
Statutes, or other applicable law.
24 27. Holiday: Independence Day, Thanksgiving Day, Christmas Day, and
any other day so designated by the Board of County Commissioners.
-24 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.
2-529. Land Clearing Debris: The „p,.,.,..* °a trees, bushes, • eget iii , and ethe
The u t
".and e "'° ials fe Means rocks, soils, tree remains,
�'v wasu a i�. s'c's�4: r,a f.-� land ..lo .,t:..
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 anv other source not related
directly to a construction project.
2-6 30. Manager: The County Manager of Collier County, Florida, or the
Manager's designee.
Words Underlined are added; Words StFaek Pweogh are deleted
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2-7 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
is may be individually owned or leased on land which is under common or single ownership.
2-8 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 Ordinance.
N33. Non- Conforming Residential Waste 4Mteria�: Any non - recyclable
material that is set out for collection in a reeg specified container; that is not in accordance
with the requirements of this ordinance btA is not Reeyelable Mat
30 34. Non - Program Recyclables: Recyclable Materials that are not Program
Recyclables, but are segregated from other materials in the waste stream.
34 35. Person: Any and all persons, natural or artificial, including any
individual, firm, partnership, joint venture, or other association, however organized; any
municipal or private corporation 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
-1-238. 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.
-3-339. 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.
-3440. Rate Resolution: A resolution adopted by the Board under the
provisions of Section 9 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
Words Underlined are added; Words ; lc Through are deleted
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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.
-3-541. Recovered Materials: Metal, paper, glass, plastic, textile, or rubber
materials that have known 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 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).
-3642. 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.
P 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.
-3-944. 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.
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.
47. Residential Non - Curbside Collection Service Exemption: The collection of
Residential Waste 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 egress of collection vehicles.
-3-948. 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;
Words Underlined are added; Words Stmok Th-ough are deleted
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single family residences: duplex apartments; apartment buildings; recreational vehicle lots;
mobile homes lots; condominium units; cooperatives established pursuant to Chapter 719,
Florida Statutes; time -share apartments; 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; provided, however, that where property is used exclusively as
a recreational vehicle park, as defined in Section 513.01(10), Florida Statutes, such property
shall be deemed Commercial Real Property.
4049. Roll Cart: A heavy -duty plastic container that is mounted on two
wheels; and complies with the specifications established by the Manager, and is used for- the
44-50. Rubbish: Waste materials, other than Garbage, resulting from normal
housekeeping activities 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.
4-252. Service Agreement: An agreement between the County and a Contractor
providing an exclusive franchise for the collection of Solid Waste in a Service District.
Agreement.
4353. Service District: The area served by a Contractor pursuant to a Service
-44- 54. Service Year: Twelve (12) consecutive months, beginning on October 1
and ending on September 30 of the following ,year.
4-555. Sludge: The accumulated solids, residues, and precipitates generated as
a result of waste treatment or processing, including wastewater treatment, water supply
treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped
from septic tanks, grease traps, privies, or similar waste disposal appurtenances.
4656. 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
Words Underlined are added; Words Sa-ack T4weugh are deleted
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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.
4757. 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.
4-958. Special Assessment Roll: The list that is prepared pursuant to Section 10
of this Ordinance and identifies the properties in the Benefit Units that are subject to the Special
Assessments.
59. Special Events: Special Events are those events requiring a Temporary
Use Permit, the issuance of which subjects the applicant to enter into a contract with the
County's designated contractor for ag rbage collection and the submission of a recycling plan for
the duration of the event.
4960. Special Waste: Solid Waste that can require special handling and
management, including, but 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.
-5061. Tires: Discarded automotive tires, including rims, but excluding tires
that exceed 24 33 inches in diameter.
-5-162. Trust Fund: The Solid Waste Special Assessment Trust Fund
established by Section 6 of this Ordinance.
-5-263. White Goods: Large discarded appliances, including but not limited to,
refrigerators, ranges, washing machines, clothes dryers, water heaters, freezers, mi�ee
evens, and air conditioners -, or similar domestic and commercial large appliances.
-5-364. Yard TrashlBiomass: Vegetative matter resulting from landscaping
maintenance, including, but not limited to shrub and tree trimmings, grass clippings, palm
fronds, branches and stump. 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 services for remuneration.
Words Underlined are added, Words Stmolc Through are deleted
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65. Yard Trash/Biomass Container: (al A metal or plastic container, with two
handles, with or without wheels with a capacity of not to exceed forty -five (45) thi ft , twe (3
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 Section 403.703 1, Florida Statutes, the definitions in this Section 1 are
intended to be consistent with the definitions contained in Section 403.703, Florida Statutes.
SECTION TWO: AMENDMENT TO SECTION ELEVEN OF ORDINANCE NO.
2005 -54.
Section Eleven of Ordinance No. 2005 -54 is hereby amended to read as follows:
SECTION ELEVEN: SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION
SERVICE CHARGE PRIOR TO INITIATION OF ANNUAL SPECIAL
ASSESSMENT.
A Solid Waste collection, disposal and administration service charge shall be imposed
against each 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.
SECTION THREE: AMENDMENT TO SECTION EIGHTEEN OF ORDINANCE NO.
2005 -54.
Section Eighteen of Ordinance No. 2005 -54 is hereby amended to read as follows:
SECTION EIGHTEEN: OWNERSHIP OF SOLID WASTE AND PROGRAM
RECYCLABLES.
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
Words Underlined are added; Words &msk Pweugh are deleted
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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.
SECTION FOUR: AMENDMENT TO SECTION NINETEEN OF ORDINANCE NO.
2005 -54.
Section Nineteen of Ordinance No. 2005 -54 is hereby amended to read as follows:
SECTION NINETEEN: RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR
SOLID WASTE COLLECTION.
The Contractor shall collect Solid Waste from Residential Real Property and Commercial
Real Property, and Customers shall set out their Solid Waste for collection by the Contractor, as
follows:
A. All collection services provided by the Contractor under the terms of this
Ordinance shall be 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 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 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 no later than the next regular collection day for the Customer. In the event of a Federal or
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State Disaster Declaration or Declared State of Emergency, collection services outlined in this
Ordinance may be revoked, suspended or altered.
C. Residential Real Property:
1. Except as otherwise provided herein or in the Service Agreement, the
Contractor shall 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 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 (gW 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 RRharmaceutical
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 Curbside Containers 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.
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 -ate
animals, and the - expalsion -of- their- - eentents; (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 fort, (45) gallons in capacity
of 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 ef Reeyeling . 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
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binding or preventing the release of the recycling during collection. e of 3 ft. _. 3 .
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
sl}a4 may be placed in a Garbage Roll Cart. No other Commercial and Demolition (C &D)
Debris shall be placed 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 facili1y for disposal. C &D Debris generated on Residential Real Property by a
licensed builder or contractor shall be removed by the builder or contractor.
6. Garbage Roll Carts, Curbside Containers; Recycling Roll Carts, Recycling
Bins, Yard Trash/Biomass Containers, and any non - containerized waste appropriate for Curbside
collection shall be placed eA the Curbside prior to 6:00 a.m. on the scheduled collection day.
However, these containers and materials shall net be placed at Curbside more then twent�, fiauf
(24) hours pr-io no earlier than 6:00 p.m. the day prior to the Customer's next regularly
scheduled collection day. Such containers and materials shall be placed at least three 3 f --.LA}
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 within
twenty f of (24) ,,,.,...s .ft-ter .ho Gustemer -'s Solid Write has been ee deleed by 6:00 a.m. on the
day after the scheduled service is completed.
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.
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 Bulk `.,;ante, 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.
10. Solid Waste and Yard Trash/Biomass shall not be placed in the same
Curbside Container.
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11. Yard Trash/Biomass shall not be placed in Garbage Roll_ Carts, Recycling
Roll Carts, or Recycling Bins. Yard Trash/Biomass placed in E
Trash/Biomass Containers shall not exceed fete (4) feet length
and _shall net exte d ., a than twelve (1 2) :. ehe the t f tl
feet in length, or four (4) inches in diameter. Yard Trash/Bior
collection in plastic bags. YEffd—Trash may be set out f
combination of no more than ten (10) bundles paper bags or
collected at one time.
Yard
►-fifty (50) pounds in weight,
Gtff si e G,,,,tai e, four 4
zass shall not be set out for
311eetion in papef bags. A
personal containers will be
12. Yard Trash/Biomass that is not placed in a Etffbside Yard Trash/Biomass
Container shall be bundled and securely tied with twine a-eerd 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.
13. Customers shall not overfill Garbage Roll Carts, Recycling Roll Carts, or
Commercial Containers such that lids cannot be fully seewely 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.
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4-516. Owners of Residential Real Property may negotiate separate arrangements
directly with the Contractor for services additional to those established herein and in the Service
Agreement. The County shall not be responsible for the administration of or payment for any
such arrangements.
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
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 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 Containers shall be placed
on the closest public right -of -way that is accessible to the 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 curbside collection as described in Section 19 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 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 healthy 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
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3. Residential Customers who occupv a Multi - Familv 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 Manner's approval
E. Commercial Real Property:
Except as authorized by Section 403.7046, Florida Statutes, 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 cop off, f 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 provided
The minimum collection frequency for Commercial Real Property shall be
one time per 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 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 Garbage or Recvclables
containment until final disposal can be accomplished
4. Collection service for Commercial Real Property shall be provided with a
Commercial Container; however, a commercial Customer that generates one (1) cubic yard or
less per week of Solid Waste may use in to two (2 ) Garbage Roll Carts Gufbside Gent ' .
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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.
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 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
designate the point of Collection.
6. Where Commercial Real Property utilizes a contractor compactor or a
third party compactor and any such compactor breaks down, alternative County mproved
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
een}Fae 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 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
setrAner- 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.
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4. Eaeh Gustemer- eeeupyiag - -a Muifi Family Residenee shall reeeiva
e
Family ily - Residenee reV. -es— €e ee tere}al eellestie � rtis� 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 Operations
Division shall determine if commercial containers are required All commercial industrial or
Multi - Family users shall provide an approved commercial container or other solid waste
container as preapproved by the County_
G. Non - Collection Procedures:
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
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 the Contractor to
return promptly and collect the materials.
2. The Contractor may leave Non - Conforming Material, Non - Program
Recyclables, and 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 explaining why the material was not collected.
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.
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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 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 o the property owner.
SECTION FIVE: AMENDMENT TO SECTION TWENTY OF ORDINANCE NO.
2005 -54.
Section Twenty of Ordinance No. 2005 -54 is hereby amended to read as follows:
SECTION TWENTY: TERMINATION OF SERVICE BY CONTRACTOR.
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.
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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. 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, based on the highest rate authorized by law, and to charge a fee for
resumption of service.
SECTION SIX: AMENDMENT TO SECTION TWENTY -ONE OF ORDINANCE
NO. 2005-54.
Section Twenty -One of Ordinance No. 2005 -54 is hereby amended to read as follows:
SECTION TWENTY -ONE: 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 Property or Residential Real Property desiring to remove Solid Waste
generated on its own premises may make application to the Manager for an 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 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, contain at least the following
information:
1. Name of applicant.
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.
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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),
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 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 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.
The Exemption Permit shall be effective for a period of six (6) months from the granting
thereof and may be renewed by filing an updated application and following the procedures for
the granting of the original Exemption Permit.
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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 appeal from any decision of the Manager denying or revoking an Exemption
Permit may be taken to 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 shall "et be issued for Residential
Real Property genet may be issued upon the following basis and criteria:
1. The Residential Real Property for which exemption from the Special
Assessment is sought must:
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 eemmer -eial non -
curbside collection service with a Commercial Container, and be
incapable of receiving the curbside r-at1e - than the r-eside
collection service described in Section 19 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. , '
se eleeting-- thfeugh their- r-espeetiye eenderminil-m owner-s' of
h'emeewners'' asseeiatien,, 1^'a,11 file exemp en app'Reat}en
id?fi4i6ing the ReSide,YYLY Reaa -j Pfepei4y afid
pfeviding ethff
1V1V 7CI11L 1111V1II3
Managea. An exemption gr-afAed pur-suai:A +, this pr-evisien shall
mandate the subjeet Residential Real P -eppefty to obtainr -ccr,z
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3.
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.l, : +>^ th
banter - for- - the - ppropriate- eenffinefc-ial serwiee, at the -fie
ed by the -Gertraeter -pint te- this - Ordir ee-and the
c e Agreement.
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.
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 be submitted to the Mana eg_r
fee in t determined- bathe- Bear-d. The- ppl-reati shall be
submi4ed te the Manager- within thk4y (3 0) days of the mailing date ef the
Speeial Assessment bill, Multi Family applications must include an
affidavit statiniz 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.
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
owners �eL�a7e� L
Ex mr ... tie D •t-may be taken te— the `Heurd by the D ,1 ' t 1 D 1
Pfepefty 0 -- ieved by filing with the Manager- a petitien stating
Words Underlined are added; Words &Wdek -T4ffelO are deleted
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65. A Residential Real Property exemption granted hereunder shall be
communicated to the Property Appraiser and Tax Collector by the
Manager. fefmalized by r- eselttfien-- adopted by the Bea-d end
-76. 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
obtained pursuant to the procedures described in this Section 21 of the
Ordinance and subject to the Manager's right to revoke.
SECTION SEVEN: AMENDMENT TO SECTION TWENTY -FOUR OF ORDINANCE
NO. 2005-54.
Section Twenty -Four of Ordinance No. 2005 -54 is hereby amended to read as follows:
SECTION TWENTY -FOUR: PENALTIES.
IM
Violations of any section or provision of this Ordinance shall be prosecuted and punished
as provided by Section 125.69, Florida Statutes. Each day the violation continues shall constitute
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a separate offense. Additionally, the Board may bring suit for damages or to restrain enioin or
otherwise prevent the violation of this Ordinance before the Special Magistrate or, in the Circuit
Court of Collier County.
SECTION EIGHT: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION TEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to fio ( and legality:
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Scott R. Teach
Deputy County Attorney
2015.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
Words Underlined are added; Words S4uskfeegh are deleted
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1-1
CRS""
Ordinance No. 2005 -52
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RE-
ESTABLISHING TWO Q MUNICIPAL SERVICE BENEFIT
UNITS IN THE EININ RPORATED AREA OF COLLIER
COUNTY FOR THE PURPOSE OF PROVIDING AND
REGULATING SOLID WASTE COLLECTION, DISPOSAL AND
ADMINISTRATION ` WITHIN THE BENEFIT UNITS;
PROVIDING DEFINITIONS; PROVIDING FOR CREATION,
PURPOSE, AND DECLARATION OF BENEFIT; PROVIDING
FOR A GOVERNING BODY; PROVIDING POWERS;
PROVIDING FOR BUDGET ADOPTION; ESTABLISHING A
TRUST FUND; PROVIDING FOR PRIMA FACIE EVIDENCE OF
ACCUMULATION OF SOLID WASTE; PROVIDING FOR AN
ANNUAL SOLID WASTE COLLECTION, DISPOSAL AND
ADMINISTRATION SPECIAL ASSESSMENT; PROVIDING FOR
ANNUAL RATE RESOLUTION; PROVIDING FOR
CERTIFICATION OF RATE RESOLUTION; PROVIDING FOR A
SOLID WASTE COLLECTION, DISPOSAL AND
ADMINISTRATION SERVICE CHARGE PRIOR TO INITIATION
OF ANNUAL SPECIAL ASSESSMENT; PROVIDING FC$i_
SCOPE OF SPECIAL ASSESSMENT, DELINQUENCY, AND,-
LIENS; PROVIDING FOR PAYMENTS; PROVIDING FOR_'.
CORRECTION OF ERRORS AND OMISSIONS; PROVIDIf4b,
FOR FAILURE TO INCLUDE RESIDENTIAL REAL PROPERTY,-=
ON ANNUAL SOLID WASTE COLLECTION, DISPOSAL AND!
ADMINISTRATION SPECIAL ASSESSMENT ROLL'_,`•
PROVIDING FOR ENFORCEMENT OF DELINQUENT ANNUAL:-.
GARBAGE AND SOLID WASTE COLLECTION, DISPOSAL''
AND ADMINISTRATION SPECIAL ASSESSMENTS;
PROVIDING FOR MANDATORY SOLID WASTE COLLECTION;
PROVIDING FOR OWNERSHIP OF SOLID WASTE AND
PROGRAM RECYCLABLES; PROVIDING FOR
RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR
SOLID WASTE COLLECTION; PROVIDING FOR
TERMINATION OF SERVICE BY CONTRACTOR; PROVIDING
FOR EXEMPTION PERMITS FOR COMMERCIAL AND
RESIDENTIAL PROPERTY; ESTABLISHING PROCEDURE FOR
OBTAINING AND REVOKING EXEMPTION PERMITS;
PROVIDING FOR FINANCIAL HARDSHIP DEFERMENTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES, INCLUDING ORDINANCE 90 -30; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR FILING WITH DEPARTMENT OF
STATE AND AN EFFECTIVE DATE.
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WHEREAS, Article VIII, Section t of the Florida Constitution and Sections 125.01 and
125.66, Florida Statutes, grant to the Board of County Commissioners of Collier County, Florida,
( "Board ") all powers of local self - government to perform County functions and to render
services for County purposes in a manner not inconsistent with general or special law, and such
powers may be exercised by the enactment of County ordinances; and
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WHEREAS, the Board finds that there is an inordinate amount of littering of the public
right -of -way of Collier County with solid waste generated within the County, resulting in the
necessity for more stringent regulation of solid waste collection and disposal practices within the
County; and
WHEREAS, Sections 125.01(1) and 403.706, Florida Statutes, grant the Board the
authority to regulate solid waste collection and disposal services within the County; and
WHEREAS, Chapter 403, Florida Statutes, grants the Board the authority to implement a
comprehensive recycling program in the County; and
WHEREAS, the Board wishes to exercise its authority under Section 125.01(1), Florida
Statutes, to create two (2) municipal service benefit units for the collection, disposal, and
administration of solid waste generated in the unincorporated areas of the County and to finance
such operations with funds derived from special assessments, service charges, and fees within
such units, and
WHEREAS, in Harris v. Wilson, 693 So. 2d 945 (Fla. 1997), the Florida Supreme Count
upheld a local government's use of a special assessment on residential property to finance a solid
waste disposal facility; and
WHEREAS, the Board has determined that it is necessary for the protection of the public
health, safety and welfare of the residents of Collier County to provide for the financing of solid
waste collection, disposal and administration services to residential and commercial properties
within the unincorporated area of Collier County, and to provide such services by using private
contractors in designated areas where the residential real property and commercial real property
are located; and
WHEREAS, it is necessary and desirable to provide for the levy of special assessments
against residential real property within the benefit units, and to establish regulated commercial
rates for commercial service, for the collection, disposal and administration of solid waste, based
on the benefits provided by such services.
NOW, TBEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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SECTION ONE: DEFINITIONS.
A. For the purposes of this Ordinance, the definitions contained in this Section 1
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.
2. Benefit Unit: Each of the two (2) municipal service benefit units
established hereunder.
3. 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.
4. 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 capable of transmitting pathogens to humans or animals. This term
does not include human remains that are disposed of by Persons licensed under Chapter 470,
Florida Statutes.
5. Board: The Board of County Commissioners of Collier County, Florida,
or the Board's designee.
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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 White Goods, Electronic Equipment, or Extraordinary Waste.
7. Certificate of Occuuanev: A document issued by the County certifying
that a newly constructed building has been constructed in compliance with County specifications
and is suitable for use.
8. Clerk: The Clerk of the Circuit Court of Collier County, Florida, acting as
I,
the Clerk of the Board, or the Clerk's designee.
9. Commercial Container A dumpster, roll -off container, compactor, or
other container, except a Roll Cart, that is approved by the Manager for the collection of Solid
Waste or Recyclable Materials from comrercial Customers.
10. 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, 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 residcntial
purposes. Vacant land, not classified as Improved Real Property, shall be deemed Commercial
Real Property.
11. 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, resulting from the construction, destruction, or renovation of a structure, and including
rocks, soils, tree remains, trees, and other vegetative matter that normally results from land
clearing or land development operations for a construction project.
12. Contractor: The Person(s) authorized by the County to collect and
transport Solid Waste in a Service District pursuant to a Service Agreement.
13. 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 ration
adjacent to the Customer's driveway, as close as possible to the nearest roadway.
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14. 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; (b) a Roll Cart; and (c) a plastic bag sufficient in strength for handling by the
Contractor, provided the bag is closed and unbroken at the time of collection.
15. Customer. Any Person that uses a Contractor's services for the collection
of Solid Waste, as provided by this Ordinance.
16. Department: The Collier County Solid Waste Management Department or
the County department to which the Manager assigns the responsibility of administering this
Ordinance.
17. Dwelling Unit: A room or rooms constituting a separate, independent
establishment with cooking facilities /kitchen, a separate entrance, and bathroom facilities, and
physically separated from any other rooms or Dwelling Units which may be in the same structure
or in separate structures. A hotel or motel room is not a Dwelling Unit.
19. Electronic Equipment-. Electronic devices that have been discarded,
including, but not limited to, computers, monitors, televisions, cathode ray tubes, printers,
scanners, fax machines, and telephones.
19. 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.
20. Extraordinary Wastes: Wastes that require extraordinary management,
including, but not limited 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.
21. 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.
22. 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
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managed. Hazardous Waste includes any material or substance identified as a Hazardous Waste
or hazardous substance in the Florida Administrative Code, Florida Statutes, or other applicable
law.
23. Holiday: Independence Day, Thanksgiving Day, Christmas Day, and any
other day so designated by the Board of County Commissioners.
24. 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.
25. Land Clearing Debris: The uprooted trees, bushes, vegetation, and other
abandoned materials resulting from a land clearing operation.
26. Manager: The County Manager of Collier County, Florida, or the
Manager's designee.
27. 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 is
individually owned or leased on land which is under common or single ownership.
28. 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 Ordinance.
29. Non - Conforming Material: Any material that is set out for collection in a
recycling container, but is not Recyclable Material.
30. Non - Program Recvclables: Recyclable Materials that are not Program
Recyclables, but are segregated from other materials in the waste stream.
31. Pelson: Any and all persons, natural or artificial, including any individual,
firm, partnership, joint venture, or other association, however organized; any municipal or
private corporation 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.
32. Program Recvclables: 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.
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33. 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.
34. Rate Resolution: A resolution adopted by the Board under the provisions
of Section 9 of this Ordinance and Collier County Ordinance No. 84 -31, establishing: (a) the
i
annual Special Assessments to be imposed upon the owners of Residential Real Property in the
Benefit Units for the forthcoming fiscal year (October I 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.
35. Recovered Materials: Metal, paper, glass, plastic, textile, or rubber
materials that have known 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 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).
36. 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.
37. RecvclinQ Bin: An eighteen (18) gallon green bin or similar container that
is approved by the Manager and used for the collection of Program Recyclables.
38. Recycling_ 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 Recyclable Materials.
39. Residential Real Propert y: 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; condominium units; cooperatives established pursuant to Chapter 719,
Florida Statutes; time -share apartments; leased residential premises of the classes described
above, whether occupied or not; and premises occupied as a residence located in or upon
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commercially zoned real property; provided, however, that where property is used exclusively as
a recreational vehicle park, as defined in Section 513.01(10), Florida Statutes, such property
shall be deemed Commercial Real Property.
40. 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.
41. Rubbish: Waste materials, other than Garbage, resulting from normal
housekeeping activities on Residential Real Property and Commercial Real Property. Rubbish
includes but is not limited to discarded trash, paper, plastic, bottles, cans and similar materials.
42. Service Agreement: An agreement between the County and a Contractor
providing an exclusive franchise for the collection of Solid Waste in u Service District.
43. Service District: The area served by a Contractor pursuant to a Service
Agreement.
44. Service Year: Twelve (12) consecutive months, beginning on October t
and ending on September 30 of the following year.
45. Sludge: The accumulated solids, residues, and precipitates generated as a
result of waste treatment or processing, including wastewater treatment, water supply treatment,
or operation of an air pollution control facility, and mixed liquids and solids pumped from septic
tanks, grease traps, privies, or similar waste disposal appurtenances.
46. 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.
47. 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.
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48. SMial Assessment Roll: The list that is prepared pursuant to Section 10
of this Ordinance and identifies the properties in the Benefit Units that are subject to the Special
Assessments.
49. Special Waste: Solid Waste that can require special handling and
management, including, but not limited to, White Goods, Tires, used oil, lead -acid batteries,
C &D Debris, ash residue, Yard Trash, Biological Waste, Hazardous Waste, and Biomedical
Waste.
50. Tires: Discarded automotive tires, including rims, but excluding tires that
exceed 25 inches in diameter.
51. Trust Fund: The Solid Waste Special Assessment Trust Fund established
by Section 6 of this Ordinance.
52, White Goods: Large discarded appliances, "including but not limited to,
refrigerators, ranges, washing machines, clothes dryers, water heaters, freezers, microwave
ovens, and air conditioners.
53. Yard Trash: Vegetative matter resulting from landscaping maintenance,
including, but not limited to shrub and tree trimmings, grass clippings, palm fronds, branches and
stumps. However, such items shall not be considered Yard Trash if they are collected by a
commercial landscape company or other Person that provides lawn and garden maintenance
services for remuneration.
B. Pursuant to Section 403.703 1, Florida Statutes, the definitions in this Section 1 are
intended to be consistent with the definitions contained in Section 403.703, Florida Statutes.
SECTION TWO: CREATION PURPOSE AND DECLARATION OF BENEFIT.
By Ordinance No. 90 -30, the County established two (2) municipal service benefit units
pursuant to the authority granted in Chapter 125, Florida Statutes. The Benefit Units are hereby
re- established. The Benefit Units shall be known as Service District No. I, and Service District
No. 11, 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 Notch line of Section 6, Township 48 South,
Range 25 East also known as the Lec- 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 comer
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
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northwest comer 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
comer of Section 25, Township 47 South, Range 28 East; thence south along the
range line for Ranges 28 and 29 East to the 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, 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 corpgrate 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.
MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. 11
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 comer of Township 47 South, Range 27 East; thence north
along the Collier -Lee county line also the range line to the northwest corner of
Township 46 South, Range 28 East; thence east along the Collier -Hendry county
line also the township line for Townships 45 and 46 South to the northeast corner
of 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 comer 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 comer 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 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.
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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 Ordinance shall and do constitute a benefit
to all properties within the Benefit Units equal to or in excess of the cost of providing such Solid
Waste 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 Assessmeuts; and (c) the Special Assessments are fairly and reasonably
apportioned among the parcels of Residential Real Property that receive the special benefit.
SECTION THREE: GOVERNING BODY.
The Board shall be the governing body of the Benefit Units created by this Ordinance.
SECTION FOUR: POWERS.
The Board shall have all of the powers granted by general or special law for providing
Solid Waste collection, disposal and administration services, including, without limiting the
generality of the foregoing, the following:
A. To sue and be sued and plead and be impleaded, complain and defend in all courts
in its own name.
B. 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.
C. 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.
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D. 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.
E. 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.
F. To levy and collect the Special Assessments within the Benefit Units.
G. To determine rates and collect service charges and fees within the Benefit Units.
SECTION FIVE: BUDGET ADOPTION.
The fiscal year of the Benefit Units shall commence on October I of each year and end
on September 30 of the following year. Annually, the Board shall consider, amend and adopt it
budget for each Benefit Unit as County budgets are considered and adopted.
SECTION SIX: TRUST FUND.
There is hereby established a Solid Waste Special Assessment Trust Fund, which will be
divided into two (2) financial accounts, one (1) for each Benefit Unit. All Special Assessments
and service charges and fees collected pursuant to this Ordinance for Solid Waste collection,
disposal and administration services hereunder 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 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 limited to,
enforcement costs.
SECTION SEVEN: PRIMA FACIE EVIDENCE OF ACCT TKAI H ATTON OF SOLID WASTE.
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 evidence that Solid Waste is being generated or accumulated upon
such Residential Real Property or Commercial Real Property.
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SECTION EIGHT: 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 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 Section 197.3632, Florida Statutes.
SECTION NINE: 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 Ordinance 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 Section 197.3632,
Florida Statutes, shall be followed for the adoption of rates, fees and charges.
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SECTION TEN: CERTIFICATION OF RATE RESOLUTION.
Upon adoption by the Board of the Rate Resolution provided for in Section 9 of this
Ordinance 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.
SECTION ELEVEN: SOLID WASTE COLLECTION DISPOSAL AND
ADMINISTRATION SERVICE CHARGE PRIOR TO INITIATION
OF ANNUAL SPECIAL ASSESSMENT.
A Solid Waste collection, disposal and administration service charge shall be imposed
against each 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.
SECTION TWELVE: SCOPE OF SPECIAL ASSESSMENT, 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:
A. In accordance with Chapter 197, Florida Statutes, and particularly Section
197.3632, Florida Statutes, 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,
B. 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
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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 Section
197.3632, Florida Statutes, the Special Assessment shall be due by October 1 of the Service Year
and shall be payable by a full lump sum payment within thirty (30) days of an original or
corrective billing for such Service Year for which payment is required.
All delinquent Special Assessments billed and collected by the Tax Collector or other
Board designee shall bear interest at the rate of twelve percent (12%) per annum. All Special
Assessments imposed upon the owners of Residential Real Property under the provisions of this
Ordinance, becoming due and payable on or after November 1, 1990 for the 1991 Service Year
or October I for all Service Years thereafter or thirty (30) days after an original or corrective
billing for such Service Year was mailed to the owner of any Residential Real Property that was
not billed prior to 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 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
outstanding and delinquent Special Assessments from the Tax Collector or other Board designee
under the provisions of Section 13 of this Ordinance, shall, by resolution, record a notice of
delinquent liens containing the amount of the delinquent Special Assessment including all
interest provided herein, a legal description of the Residential Real Property against which the
lien 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 delinquent lien shall be recorded in the Public Records of Collier County, Florida, by the
Board. Further, notice of the imposition of the lien on Residential Real Property 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 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
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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,
C. 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.
D. 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 Resolution No. 93 -29, which was adopted by the Board on January 26, 1993.
Notwithstanding any provision in this Ordinance to the contrary, the owners of such property
shall be afforded the following remedy and procedure:
1. All interest accrued for each such parcel of Residential Real Property from the
due date of payment of such 1991 Special Assessment through Septembcr 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.
2. 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 was not made
for such Residential Real Property by September 30, 1993, then interest on
such unpaid invoice shall accrue at the rate of twelve percent (12%) per
annum commencing October 1, 1993,
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3. Full payment of the 1991 Service Year special assessment, as stated on the
corrective invoice referenced in subparagraph I above, prior to October 1,
1993, shall result in the 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.
SECTION THIRTEEN: PAYMENTS.
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 applicable provisions of law, or (b) the Board's other designee(s).
SECTION FOURTEEN: CORRECTION OF ERRORS AND OMISSIONS.
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 Ordinance.
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 Ordinance, 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.
SECTION FIFIEEN: FAILURE TO INCLUDE RESIDENTIAL REAL PROPERTY ON
ANNUAL SOLID WASTE COLLECTION DISPOSAL AND
ADMINISTRATION SPECIAL ASSESSMENT ROLL.
If it appears that the Special Assessment might have been imposed under this Ordinance
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 (2) Service Years, if the Residential Real Property was
subject to the Special Assessment for each of the prior two (2) Service Years. The total Special
Assessment shall become delinquent if not fully paid upon the expiration of sixty (60) days from
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the effective date of the Board's resolution, and upon becoming delinquent shall be subject to an
interest rate of twelve percent (12%) 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.
SECTION SIXTEEN: ENFORCEMENT OF DELINOUENT ANNUAL GARBAGE AND
SOLID WASTE COLLECTION. DISPOSAL AND
ADMINISTRATION SPECIAL ASSESSMENTS.
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, 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 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.
SECTION SEVENTEEN: MANDATORY SOLID WASTE COLLECTION.
Unless exempt from the provisions of this Ordinance 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 21 of this Ordinance.
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 21 of this
Ordinance, for such property to obtain a Certificate of Occupancy from the County Community
Development and Environmental Service Department for such property.
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Inadvertent or mistaken issuance of a Certificate of Occupancy shall not relieve any
Person from compliance with these provisions.
SECTION EIGHTEEN: OWNERSHIP OF SOLID WASTE AND PROGRAM
RECYCLABLES.
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.
SECTION NINETEEN: RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR
SOLID WASTE COLLECTION.
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:
A. All collection services provided by the Contractor under the terms of this Ordinance
shall be performed in a professional manner in compliance with the Service Agreement and all
applicable local, state and federal laws. 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 during a local emergency, as declared by the Board. Should a Holiday occur on the
date designated as a Customer's collection day, the collection for that Customer shall take place
no later than the next regular collection day for the Customer.
C. Residential Real Property:
I. Except as otherwise provided herein or in the Service Agreement, the
Contractor shall 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 collection service at Curbside for the following materials, subject to the provisions of
the Service Agreement: (a) Garbage and Rubbish; (b) Yard Trash; (c) Program Recyclables; (d)
Bulk Waste; (e) White Goods; (f) Tires; and (g) Electronic Equipment.
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2. Except as otherwise provided herein, residential Customers shall use
Curbside Containers for the collection of Garbage, Rubbish, and Yard Trash. Residential
Customers may use heavy -duty plastic bags for excess Garbage or Rubbish.
3. Curbside Containers are subject to the Manager's approval and shall: (a)
be constructed so as to prevent intrusion by water and animals, and the expulsion of their
contents; (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 thirty -two (32) gallons in capacity or fifty (50) pounds in weight when filled.
4. Program Recyclables shall be set out for collection in a Recycling Cart or
Recycling Bin. Cardboard placed in a Recycling Cart or Recycling Bin shall be flattened and, if
necessary, cut to a maximum size of 3 ft. x 3 ft. Cardboard may also be stacked and placed
outside the Recycling Cart or Recycling Bin.
5. Discarded materials from small household repairs, renovations or
projects shall be placed in a Roll Cart. No other C &D Debris shall be placed at the Curbside.
C &D Debris generated on Residential Real Property by a licensed builder or contractor shall be
removed by the builder or contractor.
6. Curbside Containers, Recycling Carts, Recycling Bins, and any non-
containerized waste appropriate for Curbside collection shall be placed at the Curbside prior to
6:00 a.m. on the scheduled collection day. However, these containers and materials shall not be
placed at Curbside more than twenty -four (24) hours prior to the Customer's next regularly
scheduled collection day. Such containers and materials shall be placed at least four (4) feet
from mailboxes or other obstacles. The Customer shall remove from the Curbside all Curbside
Containers, Recycling Carts and Recycling Bins within twenty -four (24) hours after the
Customer's Solid Waste has been collected.
7. A residential Customer shall not set out for collection more than four (4)
Tires and two (2) lead acid batteries per month.
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 Bulk Waste, 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 shall not be placed in the same Curbside
Container.
11. Yard Trash shall not be placed in Roll Carts. Yard Trash placed in other
types of Curbside Containers shall not exceed four (4) feet in length or fifty (50) pounds in
weight, and shall not extend more than twelve (12) inches over the top of the Curbside
Container. Yard Trash shall not be set out for collection in plastic bags. Yard Trash may be set
out for collection in paper bags.
12. Yard Trash that is not placed in a Curbside Container shall be bundled
and securely tied with a cord or other material strong enough to support the weight of the bundle.
Non - containerized Yard Trash 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.
13. Customers shall not overfill Roll Carts, Recycling Carts, or Commercial
Containers such that lids cannot be securely closed.
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, prior to pickup by the Contractor. Prior to placement at
the Curbside, doors on White Goods shall be taken off the discarded units to prevent the
entrapment of children.
15. Owners of Residential Real Property may negotiate separate arrangements
with the Contractor for services additional to those established herein and in the Service
Agreement. The County shall not be responsible for the administration of or payment for any
such arrangements.
D. Ingress and Egress to Residential Real Property: 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 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 Association (HOA) or property owners if there is no HOA. If the
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HOA or affected property owners do not agree to provide access for the Contractor, the
Customer's Curbside Containers shall be placed on the closest public right -of -way that is
accessible to the authorized Contractor, at a location designated by the Manager that will not
obstruct motor vehicle traffic, pedestrian passage, or stormwater drainage,
E. Commercial Real Property:
1. Except as authorized by Section 403.7046, Florida Statutes, 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.
3. The minimum coliection,frequency for Commercial Real Property shall be one
time per 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
generate significant quantities of Garbage and other types of putrescible waste shall be twice per
week.
4. Collection service for Commercial Real Property shall be provided with a
Commercial Container; however, a commercial Customer that generates one (1) cubic yard or
less per week of Solid Waste may use Curbside Containers.
F. Multi- Family Collection Service:
1. Customers occupying Multi - Family Residences shall receive residential
collection service or commercial collection service. A Customer occupying a Multi- Family
Residence shall receive residential 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 commercial collection service.
2. A Customer occupying a Multi - Family Residence and receiving
residential collection service shall receive the same level of service, and shall be subject to the
same rates and requirements, as any other Customer receiving residential collection service.
3. A Customer occupying a Multi - Family Residence and receiving
commercial 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.
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4. Each Customer occupying a Multi - Family Residence shall receive
collection service for Recyclable Materials, unless the site development plan for such Multi-
Family Residence provides for commercial collection service.
G. Non - Collection Procedures:
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
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 the Contractor to
return promptly and collect the materials.
2. The Contractor may leave Non- Conforming Material, Non - Program
Recyclables, and 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 explaining why the material was not collected.
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 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.
SECTION TWENTY: TERMINATION OF SERVICE BY CONTRACTOR.
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 (I0) days.
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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. In the event service is 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, based on the highest rate authorized by law, and to charge a fee for
resumption of service.
SECTION TWENTY -ONE: EXEMPTION PERMITS FOR COMMERCIAL AND
RESIDENTIAL PROPERTY; PROCEDURE FOR
OBTAINING AND REVOKING EXEMPTION PERMITS.
A. Commercial Real Property: Any owner or occupier of Commercial Real Property
desiring to remove Solid Waste generated on its own premises may make application to the
Manager for an Exemption Permit to remove and convey the Solid Waste to designated County
facilities. Such application shall be on a form as prescribed by the 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, contain at
least the following information:
1. Name of applicant.
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.
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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 vehicles) is parked and can be inspected.
9. A copy of the registration of the vehicle(s).
10. Proof of insurance for the vehicle(s).
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 occupational license.
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 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 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.
The Exemption Permit shall be effective for a period of six (6) months from the granting
thereof and 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 appeal from any decision of the Manager denying or revoking an Exemption
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Permit may be taken to 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 shall not be issued for Residential
Real Property generally, but may be issued upon the following basis and criteria:
1. The Residential Real Property for which exemption from the Special
Assessment is sought must:
a. be essentially surrounded by Commercial Real Property;
b. provide written confirmation that its Solid Waste shall be collected and
disposed of by the owners of the adjacent Commercial Real Property;
and
C. be part of a condominium owners' or homeowners' association of record
whose residential units are receiving commercial collection service with
a Commercial Container, rather than the residential collection service
described in Section 19 of this Ordinance. The owners of the affected
Residential Real Property, if so electing through their respective
condominium owners' or homeowners' association, shall file an
exemption application identifying the Residential Real Property and
providing other relevant information as required on the form provided
by the Manager. An exemption granted pursuant to this provision shall
mandaie the subject Residential Real Property to obtain and receive
commercial service through its respective condominium owners' or
homeowners' association, by contract with the Contractor for the
appropriate commercial service, at the rate provided by the Contractor
pursuant to this Ordinance and the Service Agreement.
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 collection 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
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condominium owners' or homeowners' association, and shall be submitted
with an administrative processing fee in an amount determined by the Board.
The application shall be submitted to the Manager within thirty (30) days of
the mailing date of the Special Assessment bill. 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 from a decision of the Manager denying or revoking a residential
Exemption Permit may be taken to the Board by the Residential Real Property
owner so aggrieved by filing with the Manager a petition stating the grounds
for the appeal, The petition must be filed with the Manager within ten (10)
days after the Manager mails the notice of denial.
5. After the expiration of the periods of limitation established in subparagraphs 3
and 4 of this subsection 21B, as applicable, no petition, appeal or right of
action shall be asserted by the Residential Real Property owner.
6. A Residential Real Property exemption granted hereunder shall be formalized
by resolution adopted by the Board and communicated to the Tax Collector
and/or other Board designee.
7. 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 obtained pursuant to the
procedures described in this Section 21 of the Ordinance.
SECTION TWENTY -TWO. 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 obtained by the owner of Residential Real Property that qualifies upon the
basis of financial hardship as defined herein and according to the procedures provided hereunder.
A deferment of the payment obligation otherwise required under this Ordinance 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
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Development's Rental Assistance Program (Section 8) as to annual income, providing further
that home 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 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).
A. Application for financial hardship deferment shall be submitted to the Manager.
The Manager shall render a written determination upon such application within thirty (30) days
of its submittal.
B. 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 (c /o the
Collier County Public Utilities Administrator's office) within thirty (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.
C. 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 thirty (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.
D. 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.
E. 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.
F. All financial hardship deferments shall accrue interest on the unpaid principal at the
rate of twelve percent (12%) per annum, unless the interest is waived by the Board based on
information provided to the Board on a case -by -case basis.
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SECTION TWENTY - THREE: SEVERABILTTY.
If any portion of this Ordinance is declared invalid, illegal, void or unenforceable by a
court of competent jurisdiction, such portion shall be considered severable, and the remaining
portions shall not be affected, but will remain in full force and effect. This Ordinance shall be
construed as if such invalid, illegal, void or unenforceable provision had never been contained
herein.
SECTION TWENTY -FOUR: PENALTIES.
Violations of this Ordinance shall be prosecuted in the same manner as misdemeanors are
prosecuted and upon conviction shall be punished by fine not to exceed five hundred dollars
($500.110) or by imprisonment in the County Jail not to exceed sixty (60) days or by both fine
and imprisonment. Each day of continued violation shall be considered a separate and distinct
offense. The Board shall have the power to collaterally enforce the provisions of this Ordinance
through its code enforcement inspectors and/or code enforcement boards or by appropriate
judicial writ or proceeding notwithstanding any prosecution in the same manner as a
misdemeanor.
SECTION TWENTY -FIVE: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Collier County Ordinance that are inconsistent or in conflict
with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
The Board hereby expressly repeals Ordinance 90 -30, as amended.
SECTION TWENTY -SIX: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
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 accomplish such, and the word "Ordinance' may be changed to "section ", "article",
or any other appropriate word.
SECTION TWENTY - SEVEN: FILING WITH THE DEPARTMENT OF STATE AND
EFFECTIVE DATE.
A. The Clerk is hereby directed to transmit a certified copy of this Ordinance to the
Bureau of Administrative Code, Department of State, 500 South Bronough Street, Tallahassee,
Florida 32399.
B. This Ordinance shall take effect upon filing with the Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of
L
ATTEST;
DWIGH'1 E, BROCK,Clerk
• -1
�►#.est!it�''to Cftair�an's
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Appry l F suffi
and legal c
County Attorney
2005.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By W.
FRED W. COYI Chainman
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This ordb once filed with the
of t 's Office
doy of ,
and ocknowtedgem MZ! that
filing ivied this day
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7/7/2015 17.A.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2005 -54
Which was adopted by the Board of County Commissioners on
the 11th day of October 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th day
of October 2005.
DWIGHT E. BROCK
Clerk of Courts -and Clerk
Ex- officio to_'.90'ard ,of-.-
County Commissionerp 1
y; Heidi R'.' Rockhold,
Deputy Clerk'-
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if _J
181) ))Friday, June 26, 2015 )) N A P L E S D A I LY NEW 'S
NOTICE OF HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday,. July 7, 2015, in the Board of County
Commissioners Meeting Room,. 3rd Floor, Building "F," Collier County Government
Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier County Board of
County Commissioners will consider the enactment of a County ordinance. The
meeting will commence at 9:00 A.M. The title of the proposed ordinance is as
follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2005 -54, WHICH RE- ESTABLISHED
TWO MUNICIPAL SERVICE BENEFIT UNITS, KNOWN AS SERVICE DISTRICT NO. 1
AND
SERVICE DISTRICT NO. 2, FOR THE PURPOSE OF PROVIDING AND REGULATING
SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION WITHIN THE BENEFIT
UNITS, SPECIFICALLY AMENDING SECTION ONE, DEFINITIONS; SECTION ELEVEN,
SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SERVICE CHARGE
PRIOR TO INITIATION OF,ANNUAL SPECIAL ASSESSMENT; SECTION EIGHTEEN,
OWNERSHIP OF SOLID WASTE AND PROGRAM RECYCLABLES; SECTION NINETEEN,
RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID WASTE
COLLECTION; SECTION TWENTY, TERMINATION OF SERVICE BY CONTRACTOR;
SECTION TWENTY -ONE, EXEMPTION PERMITS FOR COMMERCIAL AND RESIDENTIAL
PROPERTY; PROCEDURE., FOR OBTAINING AND REVOKING, EXEMPTION PERMITS;
AND SECTION TWENTY -FOUR, . PENALTIES; PROVIDING FOR, CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. AII- interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation, of the agenda item 'to be addressed.
Individual speakers will .be' limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization. or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written material intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and, therefore, may need to ensure a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you; to the provision
of certain assistance. Please contact the Collier. County Facilities - Management
Division, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida
34112, . (239) 252 -8380. Assisted listening devices for the hearing impaired are
available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann iennejohn, Deputy Clerk
(SEAL) No- 206"
1 inP 76 7015
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