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Ordinance 93-47 ~ ORDINANCE NO. 93- 47 ~ ORDINANCE AMENDING COLLIER COUNTY~ ORDINANCE NO. 90-30, AS AMENDED, THE~ ~ MANDATORY SOLID WASTE SPECIAL ASSESSMENT~ COLLECTION AND DISPOSAL ORDINANCE, SY~ AMENDING SECTION TWENTY-ONE: EXEMPTION ~ '~ PERMITS FOR COMHERCIAL AND RESIDENTIAL ~ PROPERTY; PROCEDURE FOR OBTAINING AND ~ ~ REVOKING EXEMPTION PERMITS; PROVIDING FOR ~ ~L~ CONFLICT AND SEVERABILITY AND PROVIDING AN ~ '~ EFFECTIVE DATE. ~ WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 90-30, the "Mandatory Solid Waste Special Assessment Collection and Disposal Ordinance" on April 10, 1990 an~ an amendment thereto on May 14, 1991~ and WHEREAS, the Board has expressed interest that the ordinance be revisited and emended as may be necessary, appropriate for administrative purposes and/or helpful to the recipients of collection and disposal services and the welfare of the citizens and public of Collier County generally; and ' WHEREAS, the Board and County staff have had the opportunity to observe the implementation and administration of Ordinance No. 90-30, am amended, and the Solid Waste Collection Service Agreements created thereunder. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY '~!. COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 2' SECTION ONE. AMENDMENT TO SECTION TWENTY-ONE OF COLLIER COUNTY ORDIN~NCB NO. 90-30; AS ~tENDED. Section Twenty-one.of Collier County Ordinance No. 90-30, as amended, is hereby amended to read as follows: SECTION TWENTY-ONE: EXEMPTION PERMITS FOR COMMERCIAL AND RESIDENTIAL PROPERTY; PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION PERMITS. A. Any owner or occupier of commercial property desiring to .remove solid waste generated on its own premises may make application to the County Manager or his designee for an Exemption Permit to remove and convey such solid waste to designated County landfills. Such application shall be on a form as prescribed by the County Manger. Applications shall be accompanied by a filing fee of an amount as determined by resolution of the Board. The application shall, in addition to other items which may be specified by the County Manager, Words uD~erlined are added; words ~ are deleted. contain at least the following information: 1. Name of applicant. 2. Activity generating the solid waste. 3. Identification of solid waste generated and address of premises where such waste is generated. 4. The proposed County landfill site. 5. The vehicles and personnel which will be utilized. 6. Information sufficient to establish that the equipment to be used ia constructed or equipped in a manner such that no leakage, spillage or loss of any fraction of the load can occur. Upon determining that the activity for which the Exemption Permit is sought complies with the terms of this Ordinance and with all County, State and Federal laws and regulations, the County Manager may grant an Exemption Permit. The Exemption Permit shall specify thereon the County facility.(ies) to which the solid waste shall be conveyed and any other conditions deemed appropriate thereon, under the Permit. Such Exemption Permit shall be effective for a period of one (1) year from the granting thereof and may be renewed from year to year upon the same application and procedures for the granting of the original Exemption Permit. Appeal from any decision of the County Manager denying or revoking such Exemption Permit may be taken to the Board by the parties so aggrieved by filing with the County Manager a Petition stating " the ~ounds for such appeal. Said petition must be filed with the County Manger within ten (10) days after the mailing of notice of such denial by the County Manager. Upon receipt of notice of a violation of the terms of any such Exemption Permit, including the application therefor, the County Manager may after notice and hearing revoke such Exemption Permit, with the right of appeal to the Board. B. Exemption Permits shall not be issued for residential properties generally, but may issue upon the Words underlined are added; words e~~lh are deleted. "~, following basis and criteria= 1. The residential unit for which exemption from the special assessment is sought must: a. be essentially surrounded by commercial :,. property; and  b. provide written confirmation that its -~.' solid waste shall be collected and disposed by adjacent :'~'~ co~ercial property: or /f c. uertain to a condominium o~ers' or homeowners' association of record whose residential units ara race[vine commercial fdumoster-bulk loader~ solid wast~ collection and disuosal service rather than the residential collection and disoosal service described in Section Nineteen CB~ herein: whereby the affected residential units, if so electina throuah their respective condominium owners' or homeowners' association shall ffile an exemption application ].dentifvina the residential units and Drovidi~ other relevant information as re=uired on the form provided bv the Solid Waste Director. An exemption ~ranted pursuant to this Provision shall mandate the sub4ect residential units ~O obtain and receive commercial service throuah their respective condominiu~ owners' or homeowners' association ~n contract ~%h the Contractor for the appropriate commercial service rate for the service provided by Contractor pursuant to this Ordinance and the rates under the Service Aareement. 2. The Contractor providing service in the affected Sol~d Waste District shall afffirm in writing to the Solid Waste Director that it is impractical or'economically inefficient for Contractor to provide curbside collection ii! service to Such residential unit(s) for which exemption is sought. ~), 3. Application for this Residential Exemption . Permit shall be made in writing by the residential unit owner or on behalf of the residential unit owners of sucl~ condominium owners' or homeowners' association bY such condominium owners' or homeowners' association with a Twenty-five Dollar ($25.00) · administrative processing fee for each application to the Solid ,OOK Words underlined are added; words ~ ara deleted. Waste Director prior to thirty (30) days of the mailing date of the special assessment bill. The Solid Waste Director 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 Solid Waste Director denying or revoking a Residential Exemption Permit may be taken to the Board by the residential unit owner so aggrieved by filing with the County Manager a petition stating the grounds for such appeal. Said petition must be filed with the County Manager within ten (10) days after the mailing of notice of denial by the Solid Waste Director. 5. After the expiration of the periods of limitation established in subparagraphs three (3} or four (4) of this subsection, as each may apply, no petition, appeal or right of action shall be asserted by the residential unit owner applicant. 6. A residential unit exemption granted hereunder shall be formalized by resolution adopte~ by the Board and communicated to the Tax Collector and/or other Board designee. 7. All.Residential Exemption Permits granted hereunder shall have a duration of up to and no more than three (3) consecutive service years, whereupon the residential unit will be subject to the special assessment and Contractor's solid waste collection and disposal service unless a new Residential Exemption Permit is obtained pursuant to the procedures described hereabove. SECTION HO. CONFLICT AND 8EVERABILITY 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 this 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 Words ~ are added; words e~ are deleted. ~hall not affect the validity of the remaining portion. eleCTION T~KEE. EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice: from the Secreta~ of State that this Ordinance has been filed with the Secreta~ of State. .PASSED_~D. D~Y. ADORED by the Board of County Co~tsstoners of Collier County, Florida, this ~ day of DWIG~'E. ~BR~,.~' Clerk. BO~ OF CO~TY COmmISSION,S : · ., O~ COLLI~ CO~TY, F~RIDA ~ eta~ o ate' Offi Word~ ~ are added~ word,* e~e~'--e~'.,e~gh, are STATE OP FLORIDA ) COUNTY OF COLLIER ) I, DWIGHT E. BROCK, Clerk of Courts tn and for the T~entieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ts a true copy of: Ordinance No. 93-47 which was adopted by the Board of County Commissioners on the 2Tth day of July, 1993, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of July, 1993. DWIGHT E. BROCK ,~ ....... Clerk of Courts and Clerk Ex-officio to Board of ,' County Commissioners .' ~':;"'.'-'""~'" ... 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