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Ordinance 98-068 ORDINANCE NO. 98- 68 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING THE DEFINITIONS OF "COMMERCIAL PROPERTY" AND "RESIDENTIAL UNITS" IN ORDINANCE NUMBER 90-30, AS~_.i AMENDED, BEING THE COLLECTION AND DISPOSAL MUNICIPAL SERVICES BENEFITS ORDINANCE, AND HEREBY DEFINE AS '"COMMERCIAL PROPERTY" SINGLE FAMILY RESIDENCES, WITH OR WITHOUT GUEST HOUSES, DUPLEXES, AND ALL OTHER UNITS THAT SHARE IN COMMON A DUMPSTER, BULK LOADER OR SUBSTANTIALLY SIMILAR SOLID WASTE COLLECTION CONTMNER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 90-30, as mended, (being Article IV, Division I of Chapter 118, of the Collier County Code) excludes from the definition "Commercial Properly" single family residences, duplexes, triplexes, and fourplexes that are not under one commonly shared roof; and WHEREAS~ Ordinance No. 90-30, as amended, defines all "guest houses" as "noncommercial properly"; and WHEREAS, to achieve more equity in the application of "similar rates for similar services", single family residences, with or without guest houses, triplexes, fourplexes, and any other units that share a dumpster, bulk loader, or substantially similar container for collection of solid waste by or on behalf of Collier County are hereby classified to commercial property; and WHEREAS, Notice of the public hearing at which the Board of County Commissioners shall consider whether to enact this Ordinance has been achieved pursuant to the requirements of subsection 197.3632(4)(b), Florida Statutes, by mailing the required written notice by first class mail to the owners of units that will have their solid waste collection rates charged by application of this Ordinance if this Ordinance should be enacted into law, which notice concurrently Words ~ are added; words stmsk-fima~h are deleted. meets the "Adoption of Ordinance" notice requirements for one public hearing pursuant to subsection 125.66(2)(a), Florida Statutes; and WHEREAS, the Board of County Commissioners has received written objections and has heard testimony from all interested persons who presented to the Board such objections and/or testimony, and after having considered such information in accordance with subsection 197.3632(4)(c), Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE.. Section One of Collier County Ordinance No. 90-30, entitled "Definitions" as amended by Ordinance No. 91-36 and by Ordinance No. 95-78, is hereby further amended to amend the definition of "Commercial Property" as follow, s: Commercial Property means hotels, motels, multi-family and single family residences (with or without a guest house) which receive bulk collection service (dumpster. bulk loader) or any other prope~_ receiving such service; ..... A · ....,. ............~ ......x. recreational vehicle parks mobile home parks containing mobile homes, excluding those mobile homes not located in mobile home parks that arc considered real property under the state constitution and state law; all commercial manufacturing, agricultural, industrial and institutional enterprises; also, any building or structure containing a dwelling unit or units that is fumishcd, with or without rent, as an instant of employment, regardless of the number of dwelling units under one common roof, which is located upon real property that is the site of said employment and upon which are located buildings or structures otherwise treated as commercial propcr~ under the terms of this section. SECTION TWO. CONFLICT AND SEVERABILITY. In the event that this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deerned a separate, distinct and Words underlined arc added; words ,la.,sk-41mmSh ar~ deleted. 2 independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE. 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 this Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "section", "article", or other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. The waste collection rate changes caused by application of this Ordinance shall be applied to all affected units as soon as practicable pursuant to the applicable prerequisite requirements of Chapter 197, Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Cornmissionen of Collier County, Florida, this q'fl day of ......./~?,.o._~,~" ,1998. 'A'rn3 i" '.,..., · '~ DWIGHT .E.' BROCK, ,Clerk BOARD OF COUNTY COMMISSIONERS · ./.'. 7. By: 3'ff~.~. OF COLLIER COUNTY, FLORIDA Approy.e.d.'as'ti~ form'and ~is oralsre-c, ril~.~ ~,"~ ~ and ocknew!t-doeme f thct tant o'un y Assis ty Attorney Word~ underlined arc added; word~ ~ are dclctcd. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Oollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-68 Which was adopted by the Board of County Commissioners on the 4th day of August, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of August, 1998. Clerk of Courts an~,"C~?i.! '$' L':,i ,;.~ .",. Ex-officio to Board. ~f':-.:'., ,{=' ,. i'j>.',. "'.' ~ ~ County Commissionee' :'. ; ~i={. !i& '~;..,~~ :: .': ~