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Affidavit of Indebtedness Florida Form Download

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                                              Chapter 8
                                GARBAGE, TRASH AND REFUSE

                 ARTICLE II. DISPOSAL OF GARBAGE, TRASH AND REFUSE
Sec. 8-16. Definitions.1
    For the purpose of this article, the following terms, words and their derivations shall have the
following meanings:
        Bulky waste shall mean items whose large size or weight precludes or complicates their
     handling by normal collection processing or disposal methods.
         Commercial shall mean all non-residential and industrial establishments and properties
     but not limited to and without regard to whether they are profit or nonprofit organizations or
     retail and or wholesale establishments, motels, hotels, stores, schools, churches, hospitals,
     office buildings, restaurants service stations, garages, laundries, cleaning establishments,
     public or private institutions of all types, and all other businesses required to obtain an
     occupational a business license.
         County shall mean the unincorporated areas of this county.
         Garbage shall mean all kitchen and table food waste, animal or vegetative waste that is
     attendant with or results from the storage, preparation, cooking or handling of food materials.
         High grass and weeds shall mean weeds and/or grass in excess of eight (8) inches in height.
        Improved property shall mean all residential, commercial, or industrial property that
     generates or is capable of generating solid waste.
        Litter shall mean all garbage, rubbish, garden trash and all waste materials including but
     not limited to, bottles, glass, cans, scrap metal, junk, paper, disposable packages or containers
     and all other similar materials, and any substance of any kind or nature whatsoever that
     causes a public health, safety or fire hazard or public nuisance.
         Mowed shall mean the cutting down of high grass and/or weeds.
        Mulching materials shall mean protective coverings, usually of organic matter such as
     leaves, straw, or peat, brought to a property and used to prevent the evaporation of moisture,
     erosion, and/or the growth of weeds.
         Owner shall mean the person owning an interest in vacant or improved property.
        Person shall mean any individual, firm, co-partnership, corporation, company, association,
     executor, administrator, trustee, church, religious sect, religious denomination, society,
     organization or league, or any other legal entity, whether singular or plural, masculine or
     feminine, as the context may require.
        Public way shall mean any and all streets, roads, alleys, piers, bulkheads, boardwalks,
     lanes, waters or other public ways and any and all public parks, squares, beaches, parks and
     any and all recreational facilities operated by the state, county, federal government or special
     governmental districts.
        Refuse shall mean all solid wastes, including but not limited to garbage, rubbish, ashes,
     dead animals, bulky waste, special wastes, sludge and trash.



1
    Legal Analysis: 1979 Code § 8-16. Definitions. Per F.S. § 403.7031, conformed definitions to F.S.
         § 403.703.
                                                                                          Page 2 of 34

      Residential property shall mean any improved property or vacant property within a land
   use district zoned for residential uses.
      Residential waste shall mean a mixture of garbage and trash resulting from normal
   housekeeping activities at a residential unit.
       Sludge shall mean any solid or semisolid liquid generated from any excavation activity,
   waste water treatment plant, air pollution control facility, septic tank, grease trap, portable
   toilets and related operations, or any such waste having similar characteristics or effects.
   includes the accumulated solids, residues, and precipitates generated as a result of waste
   treatment or processing, including wastewater treatment, water supply treatment, or operation
   of an air pollution control facility, and mixed liquids and solids pumped from septic tanks,
   grease traps, privies, or similar waste disposal appurtenances.
       Solid waste shall mean garbage, rubbish, refuse, trash or other discharged solid or
   semisolid materials resulting from domestic, commercial, industrial, agricultural and
   governmental operations but does not include solids or dissolved materials in domestic sewage
   effluent or other significant pollutants in water resources such as silt, dissolved or suspended
   solids in industrial waste water effluents, dissolved materials in irrigation return flows or
   other common water pollutants. means 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, semisolid, or contained gaseous material resulting from
   domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered
   materials as defined in F.S. § 403.703(7) are not solid waste.
        Special wastes shall mean those wastes that require extraordinary management. They
   include but are not limited to abandoned vehicles, abandoned vessels, white goods, tires, waste
   oil, sludge's, dead animals, agricultural and industrial waste, septic tank sepsis, animal waste
   and infectious and hazardous wastes. means solid wastes that can require special handling and
   management, including, but not limited to, white goods, waste tires, used oil, lead-acid
   batteries, construction and demolition debris, ash residue, yard trash, and biological wastes.
      Trash shall mean any combinations of yard trash and construction and demolition debris
   along with other debris such as paper, cardboard, cloth, glass, white goods, vehicle tires and
   other like matter.
       White-goods shall mean ice boxes, refrigerators, deep freeze lockers, clothes washers,
   clothes dryers or airtight units. includes inoperative and discarded refrigerators, ranges, water
   heaters, freezers, and other similar domestic and commercial large appliances.
       Yard trash shall mean vegetative matter resulting from landscaping maintenance or land
   clearing operations and includes but not limited to materials such as tree and shrub
   trimmings, grass clippings, mulch, palm fronds, tree stumps, tree limbs, etc.
(Code 1979, § 8-16; Ord. No. 001-2005, § 2)

Sec. 8-17. Premises to be cleaned and mowed.
       (a)     For the purposes of promoting the health, safety and general welfare of the
residents of the county, all lands inside and outside of subdivisions, including vacant lands, and
improved property within the unincorporated area of the county, shall be kept cleared of debris,
garbage, litter, yard trash, refuse, special solid waste, solid waste, trash, industrial waste and/or
which tend to be a breeding place or haven for snakes, rodents, insects, and vermin of all kinds
and character, and/or which tend to create a fire hazard, endanger the lives and property of the
residents of the county, create a traffic hazard, create a nuisance or unsanitary condition and/or
which render the soil or air impure, unwholesome, or unhealthful.
                                                                                            Page 3 of 34

       (b)     For the purposes of health, safety, and general welfare of the residents of the
county, all commercial and residential lots, vacant or occupied, shall be kept mowed except that for
subdivisions located within public acquisition areas, publicly owned vacant lots acquired for
conservation and resource protection purposes and private vacant lots subject to a county approved
management plan.
       (c)     For the purposes of health, safety, and general welfare of the residents of the
county, all mulching materials shall be kept or spread at a depth not to exceed eight (8) inches.
(Code 1979, § 8-17; Ord. No. 001-2005, § 3)

Sec. 8-18. Illegal waste disposal on public and private lands and waterways.
       (a)     No person shall place, cast, sweep, or deposit anywhere within the county any
refuse in such a manner that the same may be carried, spread, or deposited by the elements upon
any street, alley, parkway, or other public place or into any occupied or unoccupied property or
waterway.
        (b)     No person shall throw, place or deposit or cause to be thrown, placed or deposited,
any solid waste, special waste, sludge, trash, junk, abandoned vehicle, abandoned vessel, garbage
or filth of any kind into or on any of the public streets, roads, highways, bridges, alleys, lanes,
thoroughfares, waters, canals or vacant lots, or upon the premises of any other person within the
limits of the county.
       (c)    No person shall discard, abandon, or permit any white-goods to be kept or placed on
private property or placed curbside for collection without first removing or securing the doors on
such units.
(Code 1979, § 8-18; Ord. No. 001-2005, § 4)
                                                                               2
                        ARTICLE III. MUNICIPAL SERVICE DISTRICT*


Sec. 8-43. Establishment.
       (a)     All of the unincorporated lands in the county shall become and be incorporated into
a municipal service taxing district or benefit unit as authorized by F.S ch. 125 for the purpose of
providing garbage, trash, waste collection and disposal within the territorial limits of such area
which shall be a public corporation to be known as the Monroe County Municipal Service District.
       (b)     Any or all of the incorporated lands/municipalities in the county may, subject to the
approval of the Monroe County Commission and pursuant to F.S. ch. 125, by ordinance, duly
regularly adopted by its respective governing body, elect to participate in the municipal service
taxing or benefit unit created hereby.
(Code 1979, § 8-43; Ord. No. 21-1980, § 1)

Sec. 8-44. Interlocal agreements.
       (a)     The governing body of the district shall have the power and express authorization to
enter into interlocal agreements with any municipality, political subdivision, agency or officer of
the state, including but not limited to state governments, county, city, school district, single-or
multi-purpose special district, single-or multi-purpose public authority; to provide for joint exercise
of any power, privilege or authority which the district may have in common and which each might
exercise separately.
         (b)    In the event an interlocal agreement is entered into between the district created by

2
    Legal Analysis: 1979 Code ch. 8, art. III. Deleted as superseded by 1979 Code ch. 8, art. IV.
         See 1979 Code § 8-94.
                                                                                             Page 4 of 34

this article and a municipality, said agreement includes an express provision as to how such
municipality shall pay for its participation in the district, which may be either from funds derived
from service charges, special assessments or taxes imposed within such municipality by such
municipality or from budgetary payments made in the due course of law from such municipality or
from such municipality to the district.
(Code 1979, § 8-44; Ord. No. 21-1980, § 1)

Sec. 8-45. Governing body designated; powers.
        (a)     The governing body of the Monroe County Municipal Service District, hereinafter
termed "the district" or "such district" shall be known and designated as the board of county
commissioners of Monroe County, Florida, hereinafter termed "the board" or "such board." Such
board, constituted under this article, shall have all the powers of a body corporate, including the
power to contract, interlocally, under the provisions of F.S. ch. 163 or otherwise, and to be
contracted with in behalf of the district; to sue and to be sued; to adopt and use a common seal and
to alter the same at pleasure; to acquire, to purchase, hold, lease and convey such real estate and
personal property, including equipment, as the board may deem proper or expedient to carry out
the purposes of this article; to employ such experts, agencies and employees as such board may
require or deem advisable; to borrow money and to issue negotiable promissory notes, certificates
of indebtedness as hereinafter provided; and to generally exercise the powers of a public authority
organized and existing for the purpose of waste, garbage, trash collection and disposal within the
territorial limits of the district.
       (b)     This article is full authority for the establishment of district projects. The governing
body shall have jurisdiction and control over all of the district, including but not limited to all
waste collection and disposal facilities, except to the extent otherwise provided in this article. It
shall not be necessary for the district to obtain any license, permit or other authorization from any
board, commission or like instrumentality of the county or any political subdivision therein in
order to construct, reconstruct, acquire, extend, repair, improve, maintain or operate any project.
(Code 1979, § 8-45; Ord. No. 21-1980, § 1)

Sec. 8-46. Composition; terms.
   The governing body of the district created by this article shall at all times consist of no less
than five (5) members, who all shall be county commissioners of Monroe County. The members of
the board shall serve until their respective term as county commissioners shall expire or until such
time as their successor is appointed. It shall be an essential qualification that the membership of
the board be county commissioners of the county.
(Code 1979, § 8-46; Ord. No. 21-1980, § 1)

Sec. 8-47. Organization; clerk; quorum; voting.
    The board of the district created by this article shall meet and organize by the election from
their board of a chairman and a vice-chairman. The clerk of the circuit court of the Sixteenth
Judicial Circuit of the state, as ex officio clerk of the board of county commissioners, shall be the ex
officio clerk, auditor, recorder of the minutes and accounts and custodian of the district funds.
Three (3) members of the board shall constitute a quorum. A majority of a quorum shall be
necessary for the transaction of business. The chairman shall vote at all meetings of the board.
(Code 1979, § 8-47; Ord. No. 21-1980, § 1)

Sec. 8-48. Members not to receive compensation.
   The governing body of the district created by this article shall not receive compensation for
their service upon such board.
(Code 1979, § 8-48; Ord. No. 21-1980, § 1)
                                                                                            Page 5 of 34

Sec. 8-49. Acquisition of property; hiring and regulation of personnel.
      (a)     The governing body of the district created by this article shall have the power and
authority to hold, control and acquire, by gift or purchase, for the use of the district, any real or
personal property and to pay the purchase price in installments or deferred payments.
        (b)   Such body shall have the power and authority to acquire by gift or purchase and to
pay the purchase price for such garbage, trash and waste collection and disposal equipment as is
deemed necessary for the providing of municipal services related thereto in the municipal taxing
district; and shall have authority to hire garbage, trash and waste collection and disposal
personnel and to prescribe rules and regulations pertaining thereto so long as the same is not
inconsistent with the provisions of general or special law.
(Code 1979, § 8-49; Ord. No. 21-1980, § 1)

Sec. 8-50. Participation by municipalities.
   Any or all of the incorporated lands/municipalities in the county may, subject to approval of the
Monroe County Commission and pursuant to F.S. ch. 125, by ordinance, duly and regularly
adopted by its respective governing body, elect to participate in the municipal service taxing or
benefit unit created hereby.
(Code 1979, § 8-50; Ord. No. 21-1980, § 1)

Sec. 8-51. Authorization to issue obligations.
    In order to implement the purposes contained in this article and to finance the cost of the
acquisition, construction, improvement or equipment of solid waste disposal facilities in the
district, the district is authorized to issue special assessment or general obligation notes or
certificates of indebtedness from time to time (the "obligations"). Such obligations may be issued in
coupon form or fully registered form, and may be in such denomination or denominations, bear
interest at such rate or rates and shall mature at such time or times not exceeding fifty (50) years
from their date or dates as may be determined by the governing body of the district prior to their
issuance. The governing body of the district shall determine the place or places of payment of the
principal of and interest on the obligations, which may be at any bank or trust company within or
without the state. The obligations shall be signed either by manual or facsimile signatures of the
chairman and clerk of the governing body of the district, provided that such obligations shall bear
at least one (1) signature which is manually executed thereon. The coupons attached to such
obligations, if any, shall bear the facsimile signature or signatures of such officer or officers as
shall be designated by the governing body of the district. The obligations shall have the seal of the
district affixed, imprinted, reproduced or lithographed thereon, all as may be prescribed in the
resolution or resolutions authorizing the issuance thereof. The obligations may be sold at public or
private sale at such price or prices as the governing body of the district shall determine to be in its
best interest, provided that such price shall not be less than ninety-five (95) percent of the par
value of the obligations sold.
   The principal of and interest on any obligations issued hereunder may be payable from special
assessments levied against the property specially benefited by the acquisition, construction,
improvement or equipment of the solid waste disposal facilities; provided, however, such special
assessments shall never exceed the amount by which such property is determined to be benefited.
The obligations may be additionally payable from any other funds of the district derived from
sources other than ad valorem taxes and legally available for such purposes.
    Furthermore, the principal of and interest on any obligations issued hereunder may be payable
from ad valorem taxes levied within the district, without limitation as to rate or amount or with
such limitations as may be fixed by the governing body of the district, after the issuance of such
obligations has been approved at a bond referendum duly called and held as provided by law.
                                                                                              Page 6 of 34

    The district may, pursuant to resolution duly adopted, issue obligations to refund any
obligations issued pursuant to the authority contained in this article and provide for the rights of
the holders thereof. Such refunding obligations may be issued in an amount sufficient to pay the
principal of the outstanding obligations; the interest due and payable on the outstanding
obligations to and including the first date upon which the outstanding obligations shall be callable
prior to maturity, the dates upon which the principal thereof shall mature, or any dates in
between; the redemption premiums, if any; and any expenses of the issuance and sale of such
refunding obligations.
    For the purpose of this section, the cost of the solid waste disposal facilities may be deemed to
include but not be limited to the cost of acquisition of sites; legal, engineering, fiscal, architectural
fees and fees of any other experts or consultants employed by the district; engineering or
architectural studies; preparation of surveys, plats, assessment rolls, plans and designs for the
facilities; capitalization of interest for a reasonable period after issuance of the obligations;
capitalization of reasonable debt service reserves for the payment of the obligations; premiums for
municipal bond insurance policies; the obligations, if any; and such other expenses as are
necessary, incidental or appurtenant to the purposes authorized hereunder.
(Code 1979, § 8-51; Ord. No. 21-1980, § 1)

Sec. 8-52. Officers; record of meetings; rules.
    The officers of the governing body of the district created by this article shall have the duties
usually pertaining to, vested in and incumbent upon like officers. A record shall be kept of all
meetings of such body. Such body may adopt such rules and regulations as it may deem necessary
in and about the transaction of its business, and in carrying out the provisions of this article.
(Code 1979, § 8-52; Ord. No. 21-1980, § 1)
Sec. 8-53. Annual report.
    The governing body of the district created by this article shall, in a manner and in accordance
with the provisions of general and special law as that as is required by the county, [make an
annual report] and shall file such report in the office of the clerk of the circuit court of Monroe
County, Florida, whose duty it shall be to receive and file such report and hold and keep the same
as a public record.
(Code 1979, § 8-53; Ord. No. 21-1980, § 1)

Sec. 8-54. Disposition of funds.
    The funds of the district shall be deposited in the name of the district in a bank authorized to
receive deposits of county funds, which bank shall be designated by a resolution of the board. Such
designation of such bank for deposit of funds therein shall be the exercise of due care and diligence
on the part of the clerk for the safekeeping of such funds. Except as may be provided in resolutions
authorizing the issuance of obligations, no funds of the district shall be paid out or disbursed save
and except by warrant signed by the chairman of the governing body of the district and attested to
by the clerk.
    No funds of the district shall be used for any purpose other than the administration of the
affairs and business of the district, for the construction, care, maintenance, upkeep, operation and
purchase of garbage, trash and waste collection and disposal equipment for the district, and for the
payment of the principal of, premium, if any, and interest on any obligations may determine [as
may be determined].
    Except as may be provided in resolutions authorizing issuance of obligations, the funds of the
district shall be paid out only upon warrant signed by the chairman of the governing body and
attested to by the clerk, and having thereto affixed the issued against funds of the district except
for a purpose authorized by this article; and no such warrant against funds of the district shall be
                                                                                          Page 7 of 34

drawn or issued until after the account or expenditure for which the same is to be given in
payment has been ordered and approved by the board of the district.
(Code 1979, § 8-54; Ord. No. 21-1980, § 1)

Sec. 8-55. Auditing of books.
  The books of the district created by this article shall be audited by the same officers and in like
manner as the books of Monroe County.
(Code 1979, § 8-55; Ord. No. 21-1980, § 1)

Sec. 8-56. Taxation, special assessment, service charge.
        (a)      The governing body of the district created hereby is authorized, empowered and
directed annually to levy upon all the real and personal taxable property, including homesteads, in
the district, a sufficient tax to pay the necessary costs for the maintenance, operation and support
of the district.
        (b)     The levy by the governing body of the taxes authorized by any provision of this
article shall be by resolution of such body duly entered upon the minutes of the body. Millage shall
be set and ad valorem taxes levied thereon in accordance with the provisions of general law and in
like manner as required for the setting of millage and levy of ad valorem taxes by a county. It shall
be the duty of the county commissioners to order and require the county property appraiser to
assess and the county tax collector to collect the amount of taxes so assessed or levied by such body
upon the taxable property, including homesteads, to the extent that taxes may be lawfully levied
upon homesteads, in such district at the rate of taxation adopted by such body for such year and
included in the warrant of the property assessor and attached to the assessment roll of taxes for
the county each year. The tax collector shall collect such tax so levied by such body in the same
manner as other taxes are collected and shall pay the same over to the governing body of the
Monroe County Municipal Service District within the time and in the manner prescribed by law
for the payment by the tax collector of county taxes and shall be held by such body and paid out by
them as provided in this article. Tax certificates and tax deeds shall be issued for all delinquent
properties in accordance and in like manner as the same are authorized to be issued by F.S. ch.
197 and other general and special law regulating the issuance of same for nonpayment of
delinquent county ad valorem taxes.
        (c)    It is herein and hereby determined and declared that the municipal service taxes
herein provided for garbage, trash and waste collection and disposal are municipal assessments for
municipal or peculiar benefits accruing to the properties within the municipal taxing district
herein created against which properties such levies are directed to be made. It is also herein and
hereby found, determined and declared that solid waste, special wastes, garbage and trash
collection and disposal within such district and [are] municipal purposes.
(Code 1979, § 8-56; Ord. No. 21-1980, § 1)

Sec. 8-57. Payment of expenses.
   The governing body of the district created by this article is authorized to pay from the funds of
such municipal taxing district all expenses of the organization of such body and all expenses
necessarily incurred in the formation of the district and all other reasonable and necessary
expenses of an attorney in the transaction of the business of the municipal taxing district, and in
carrying out and accomplishing the purposes of this article.
(Code 1979, § 8-57; Ord. No. 21-1980, § 1)
Sec. 8-58. Voters' approval of obligations.
   When required by the laws of the state, any obligations issued or incurred by the district
created by this article shall be approved by the qualified electors.
                                                                                           Page 8 of 34

(Code 1979, § 8-58; Ord. No. 21-1980, § 1)

Sec. 8-59. Damaging property.
   Whoever shall willfully damage any of the property in the district created under this article
shall be punished as provided in the general law for punishments for malicious injury to property.
(Code 1979, § 8-59; Ord. No. 21-1980, § 1)

Sec. 8-60. Intent of article.
    It is intended that the provisions of this article shall be liberally construed for accomplishing
the purposes provided therefor, or intended to be provided for this article; and where a strict
construction will result in the defeat of the accomplishment of any of the purposes provided for by
this article, and a liberal construction would permit or assist in the accomplishment thereof, the
liberal construction thereof shall prevail.
(Code 1979, § 8-60; Ord. No. 21-1980, § 1)

    ARTICLE IV. COUNTY SOLID WASTE COLLECTION, DISPOSAL AND ASSESSMENT*

                                       DIVISION 1. GENERALLY
Sec. 8-71. Short title.3
   This article shall be identified by and may be cited as the "Monroe County Solid Waste
Collection, Disposal and Assessment Ordinance."
(Code 1979, § 8-71; Ord. No. 33-1989, § 1)
                           4
Sec. 8-72. Definitions.
    For the purpose of this article, the definitions contained in this section shall apply unless
otherwise specifically stated. When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular, and words in the singular
include the plural. Use of the masculine gender shall include the feminine gender. The word
"shall" is always mandatory and not merely discretionary.
         (a)     Addendum to annual solid waste assessment roll or the word Addendum shall mean
                the list confirmed by the board each fiscal year containing the same information as
                the annual solid waste assessment roll for lots or parcels of property which are
                subject to the solid waste assessment but were not incorporated on the
                corresponding annual solid waste assessment roll confirmed for such fiscal year
                because of error or omission or incorporating any changes in the information
                specified for any lot or parcel of assessed property on the corresponding annual solid
                waste assessment roll.
         (b)     Annual solid waste assessment roll shall mean a list confirmed by the board each
                fiscal year of all lots and parcels of assessed property in the county within the
                boundaries of a unit containing the following information:
                (1)     A summary description of each lot and parcel conforming to the description
                       contained on the real property assessment roll;
                (2)     The name and address of the owner of each lot and parcel as reflected on the
                       real property assessment roll; and

3
    Legal Analysis: 1979 Code § 8-71. Short title. Deleted as not needed.
4
    Legal Analysis: 1979 Code § 8-72. Definitions. Per F.S. § 403.7031, made definitions consistent
         with F.S. § 403.703. Also deleted definitions not needed in light of Code chapter 1.
                                                                                 Page 9 of 34

      (3)     The annual solid waste assessment imposed on each lot or parcel as
             established in the rate resolution.
(c)    Apartment means a rental dwelling unit located within the same building as other
      rental dwelling units.
(d)   Assessment date shall mean January 1 of each year, or such other date as may be
      designated by the board, which date shall constitute the date on which the solid
      waste assessment is imposed as a lien against assessed property listed on the
      annual solid waste assessment roll or on any addendum.
(e)    Assessed property shall mean such lots or parcels as may be designated by the board
      in the rate resolution, against which a solid waste assessment is imposed.
(f)   Board shall mean the Board of County Commissioners of Monroe County, Florida.
(g)    Building shall mean any structure, whether temporary or permanent, built for the
      support, shelter or enclosure of persons, chattel or property of any kind. This term
      shall include trailers, mobile homes, or any vehicles serving in any way the function
      of a building.
(h)    Certificate of occupancy shall mean the written certification issued by the county
      that a building is ready for occupancy for its intended use. For the purposes of this
      article, a set-up or tie-down permit issued for a mobile home shall be considered a
      certificate of occupancy for the purposes of this article.
(i)   Clerk shall mean the clerk of the board or his designee.
(j)    Collection shall mean the process whereby domestic solid waste is removed and
      transported to a solid waste disposal facility.
(k)    Collection agreement shall mean an agreement between the county and a collector
      to provide for collection services within a service area pursuant to section 8-81 of
      this article.
(l)    Collection charge shall mean the charge or rate established each year in the rate
      resolution for the collection of domestic solid waste from residential property.
(m)    Collection service shall mean collectively residential collection service and
      commercial collection service.
(n)    Collector shall mean those persons who are licensed under the provisions of section
      8-82 and who provide residential and/or commercial collection services pursuant to a
      collection agreement.
(o)   Commercial collection service shall mean the collection, disposal and recycling of
      domestic solid waste generated by commercial property provided by a collector.
(p)   Commercial container shall mean and include any detachable receptacle or roll-off
      box for disposal of solid waste designed or intended for mechanical pickup.
(q)    Commercial property shall mean all improved property which is not utilized as
      residential property.
(r)   Condominium shall mean a building or portion thereof containing one (1) or more
      units in which each unit is designed for residential occupancy by one (1) family only
      and which is owned pursuant to the provisions of F.S. ch. 718.
(s)   County shall mean Monroe County, Florida.
(t)   County administrator shall mean the chief administrative officer of the county
      appointed by the board, or his designee.
                                                                                Page 10 of 34

(u)    Customer shall mean the owner or occupant of improved property.
(v)   Delinquency date shall mean the date a solid waste assessment becomes delinquent
      under the alternative collection procedure established as provided in section 8-102.
(w)    Disposal charge shall mean the charge or rate established each year in the rate
      resolution for the disposal of categories of domestic solid waste, construction waste,
      extraordinary waste and sludge at the solid waste disposal facility.
(x)   Due date shall mean the date a solid waste assessment is to be paid under the
      alternative collection procedure established as provided in section 8-102.
(y)    Dwelling unit shall mean any individual residential living type of structure or
      building unit with kitchen facilities capable of being utilized for residential living
      other than a hotel or motel unit.
(z)   Fiscal year shall mean that period beginning October 1 of each year and ending on
      September 30 of the subsequent year.
(aa) Garbage receptacle shall mean any commonly available light gauge steel, plastic or
      galvanized receptacle of a nonabsorbent material, closed at one end and open at the
      other, furnished with a closely fitted top or lid and handle(s). A receptacle also
      includes a heavy-duty, securely tied, plastic bag designed for use as a garbage
      receptacle. Any receptacle containing waste materials shall not exceed thirty-two
      (32) gallons in capacity or fifty (50) pounds in weight, unless a contractor
      implements an automated or semi-automated collection system requiring the use of
      some other standard receptacle compatible with the collector's equipment.
(bb) Governmental property shall mean all property owned by any federal, state, county,
       municipal or local governmental units, or any agency of such governmental unit,
       including school boards.
(cc) Handicapped person shall mean those persons who are certified by a physician licensed
       in the State of Florida, that they are physically unable to transport domestic solid
       waste to the curb from other areas of their residential property and who reside
       either alone or with other persons who would likewise qualify as handicapped
       persons.
(dd) Improved property shall mean all residential property or commercial property
      containing a building that generates, or is capable of generating, solid waste.
(ee) License shall mean that card which shall be issued to a person which has complied with
        the requirements of section 8-82.
(ff) Mobile home shall mean manufactured homes, trailers, campers and recreational
       vehicles.
(gg) Nonassessed property shall mean that property which pursuant to the rate resolution is
       not subject to the solid waste assessment.
(hh) Occupant shall mean the person or persons occupying improved property, either the
      owner or, if other than the owner, then a person who occupies the improved property
      with the express or implied consent of such owner.
(ii) Owner shall mean the person owning improved property.
(jj) Penalty shall mean the penalties established for delinquent payment of a solid waste
        assessment under the alternative collection procedure established as provided in
        section 8-102.
(kk) Person shall mean any individual, partnership, firm, organization, corporation,
                                                                                  Page 11 of 34

       association or any other legal entity, whether singular or plural, masculine or
       feminine, as the context may require.
(ll) Property appraiser shall mean the Property Appraiser of Monroe County, Florida.
(mm) Rate resolution shall mean the resolution adopted by the board under the provisions
      of section 8-97 establishing:
       (1)     The schedule of solid waste assessments to be imposed;
       (2)     The collection charge;
       (3)     The disposal charge;
       (4)     The recycling charge; and
       (5)     The categories of assessed property.
(nn) Real property assessment roll shall mean the assessment roll maintained by the
      property appraiser under law for the levy of ad valorem taxes on real property.
(oo) Rear-door collection service shall mean a type of residential collection service rendered
       to residential property whereby domestic solid waste will be picked up from garbage
       containers placed on side or rear yards of the primary building.
(pp) Recycling charge shall mean the charge or rate established each year in the rate
      resolution for the recycling of such domestic solid waste as required by the county.
(qq) Residential collection service shall mean the collection, disposal and recycling of
      domestic solid waste generated by residential property provided by a collector, who
      has been granted a collection agreement.
(rr) Residential property shall mean all improved property, or any portion thereof, used as a
        dwelling unit and includes "single-family dwelling units," "apartments," "mobile
        homes" and "condominiums."
(ss) Service area refers to a geographic area, as described and defined under section 8-76,
       served by a collector providing residential collection service pursuant to a collection
       contract within boundaries established by the board.
(tt) Single-family dwelling unit shall mean a building, mobile home, or a portion thereof,
        designed for residential occupancy which is arranged, designed or used as living
        quarters for one (1) family only.
(uu) Solid waste shall mean both domestic solid waste and special solid waste, as defined
       below.
       (1)     Domestic solid waste means garbage, horticultural trash, bulk waste and
              rubbish.
              a.     Bulk waste shall mean any waste that requires additional
                     management due to its weight and shall include but not be limited to
                     furniture, bicycles, and oversize horticultural trash.
              b.     Garbage shall mean animal, fruit and vegetable waste, either along
                     with or in combination with other putrescible matter resulting from
                     the handling, storage, sale, preparation, cooking, serving, processing,
                     slaughter, manufacture or consumption of animal, fruit or vegetable
                     matter, which is subject to decomposition or decay, and any container
                     of such material.
              c.     Horticultural trash shall mean an accumulation of lawn, grass or
                     shrubbery cuttings, leaf clippings and dry leaf rakings, palm fronds,
                                                                        Page 12 of 34

            small tree branches, bushes or shrubs, green leaf cuttings, or other
            matter usually created as refuse in the care of lawns and yards, not
            exceeding six (6) feet in length and six (6) inches in diameter.
      d.    Rubbish shall mean refuse accumulation of paper, excelsior, rags,
            wooden or paper boxes or containers, sweepings, and all other
            accumulations of a nature other than garbage which are usual to
            housekeeping and to the operation of stores, offices and other business
            places; also any bottles, cans or other containers not containing
            garbage.
(2)   Special solid waste means construction and demolition debris, hazardous
      waste, biohazardous wastes and sludge, as defined below:
      a.    Construction and demolition debris means discarded materials
            generally considered to be not water soluble and nonhazardous in
            nature, including, but not limited to, steel, glass, brick, concrete,
            asphalt, roofing material, pipe, gypsum wallboard, and lumber, from
            the construction or destruction of a structure as part of a construction
            or demolition project or from the 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, including such debris from
            construction of structures at a site remote from the construction or
            demolition project site. 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. The term also includes:
            i.     Clean cardboard paper, plastic, wood, and metal scraps from a
                   construction project;
            ii.    De minimis amounts of other nonhazardous wastes that are
                   generated at construction or destruction projects, provided such
                   amounts are consistent with best management practices of the
                   industry.
      b.    Extraordinary waste shall include items which require extraordinary
            management due to their extreme bulk or weight and shall include,
            but not be limited to, abandoned automobiles, automobile parts, tires,
            boats, and matter or debris resulting from tree removal, land clearing,
            land development or such other like material not defined herein as
            horticultural trash.
      c.    Hazardous waste means solid waste as defined by the State of Florida
            Department of Environmental Regulation as a hazardous waste in the
            State of Florida Administrative Code chapter 17-30. 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. The term does not include human
            remains that are disposed of by persons licensed under F.S. ch. 497.
      d.    Biohazardous wastes shall mean any solid waste or liquid waste which
                                                                                   Page 13 of 34

                     may present a threat of infection to humans. The term includes, but is
                     not limited to, non-liquid human tissue and body parts; laboratory and
                     veterinary waste which contains human disease-causing agents;
                     discarded disposable sharps, human blood, human blood products and
                     body fluids. The term does not include human remains that are
                     disposed of by persons licensed under F.S. ch. 497. The following are
                     also included:
                     (i)     Used, absorbent materials such as bandages, gauzes or
                            sponges that are supersaturated, having the potential to drip
                            or splash blood or body fluids, from areas such as operating
                            rooms, delivery rooms, trauma centers, emergency rooms or
                            autopsy rooms;
                     (ii) Devices which retain visible blood adhering to inner surfaces after
                             use and rinsing such as intravenous tubing, hemodialysis
                             filters and catheters; and
                     (iii) Other contaminated solid waste materials which represent a
                             significant risk of infection that are generated in medical
                             facilities which care for persons suffering from those rare or
                             unusual diseases requiring strict isolation criteria and listed by
                             the U.S. Department of Health and Human Services, Centers
                             for Disease Control, "CDC Guidelines for Isolation Precautions
                             in Hospitals," July/August, 1983.
                     (iv)   Other materials which in the opinion of the state department of
                            health represent a significant risk of infection to persons
                            outside the generating facility.
              e.     Sludge means any solid or semisolid or liquid generated from any
                     water or wastewater treatment plant, air pollution control facility,
                     septic tank, grease trap, portable toilet and related operations, or any
                     such waste having similar characteristics or effect.
(vv) Solid waste assessment shall mean the annual special assessment imposed upon a lot
       or parcel of Improved Property in the Unit to pay:
       (1)     The principal of, redemption premium, if applicable, and interest on all
              outstanding obligations of the county and the Monroe County Municipal
              Service District (the "district") due in such year, the payment of which is
              secured by such special assessments, all in accordance with the resolutions
              authorizing the issuance of such obligations;
       (2)     The cost of the collection, recycling, disposal and management of domestic
              solid waste generated or capable of being generated from such property; and
       (3)    The administrative costs related to (1) and (2).
(ww) Solid waste assessment category shall mean the classification of improved property
      incorporated in the rate resolution for the imposition of the solid waste assessment
      for such property.
(xx) Solid waste disposal facility shall mean those sites, places or facilities operated or
       maintained by the county for the disposal of solid waste.
(yy) Solid waste disposal facility budget shall mean the estimated fiscal year cost of the
       operation, administration and maintenance of the solid waste disposal facility as
       incorporated into the annual county budget, including in addition to such cost:
                                                                                                 Page 14 of 34

               (1)      The principal of, redemption premium, if applicable, and interest on all
                       outstanding obligations of the county and the district due in such year, the
                       payment of which is secured by the solid waste assessments, all in accordance
                       with the resolutions authorizing the issuance of such obligations;
               (2)     Payments to contractors for the design, construction, operation or
                       maintenance of any portion of the solid waste disposal facility, to the extent
                       not paid from other sources;
               (3)      The estimated cost of required additions and improvements to land or
                       equipment;
               (4)      Administrative expenses in implementation of this article; and
               (5)     Necessary reserves for renewal and replacement, operational contingencies
                       and required landfill closures.
       (zz) Specialty hauler shall mean those persons who are licensed under the provisions of
              section 8-82 and who provide for the collection of special solid waste.
       (aaa) Tax collector shall mean the Tax Collector of Monroe County, Florida.
       (bbb) Unit shall mean the Monroe County Solid Waste Municipal Service Benefit Unit
              created under section 8-94.
       (ccc) Unsanitary nuisance is the commission of any act or the giving of the permission for
              the commission of any act of keeping, maintaining, propagating or permitting the
              existence of any domestic or special solid waste by any person by which health or life
              may be threatened or impaired or by which disease may be caused. The keeping of
              the following materials on any real property shall be considered an unsanitary
              nuisance: untreated and improperly treated human waste, offal, dead animals or
              dangerous waste materials resulting from manufacturing processes or pollutant
              gases and noxious odors which are harmful to health or to human and animal life.
              The creation, maintenance or causing of any condition capable of harboring,
              attracting or breeding flies, mosquitoes or other arthropods and rodents capable of
              physical harm and transmitting diseases directly or indirectly to humans shall also
              be considered an unsanitary nuisance.
       (ddd) White goods shall mean discarded refrigerators, ranges, washers, water heaters,
             dishwashers, and other similar household goods and appliances generated from the
             property of a dwelling unit.
(Code 1979, § 8-72; Ord. No. 33-1989, § 2; Ord. No. 33-1990, § 3.A, B; Ord. No. 22-1991, §§ 1, 2; Ord. No. 35-
2000, § 1)

Sec. 8-73. Findings.
   It is hereby ascertained, determined and declared that:
       (a)      There is an inordinate amount of littering and illegal dumping on the public right-
               of-way and private lands of the county of domestic solid waste and special solid
               waste generated from improved property located within the county.
       (b)      Such littering and illegal dumping constitutes a health hazard to the residents of
               the county and an invasion of the property rights of landowners.
       (c)     Such littering and illegal dumping often results in the creation of an unsanitary
               nuisance.
       (d)      A substantial number of occupants of improved property within the unit do not
               subscribe to any collection service for the collection of domestic solid waste and other
                                                                                          Page 15 of 34

               waste and discarded property generated on such property.
       (e)      The requiring of all persons owning or occupying improved property within the
               county to dispose of solid waste and other wastes and discarded property generated
               on such property at the solid waste disposal facility will greatly reduce the instances
               of illegal dumping and littering.
       (f)     It is necessary to the health, welfare and safety of the residents of the county to
               provide for a comprehensive program of solid waste collection and disposal.
       (g)      Because of the number of improved property customers and the administrative
               impossibility of monitoring the transport or disposal arrangements of each improved
               property customer with a collector, it is necessary in the implementation of such a
               comprehensive program of solid waste collection and disposal for the promotion of
               the common health and welfare of the residents of the county that collection services
               within the unit be regulated through the issuance of collection agreements for
               service areas in which improved property is located.
       (h)      It is further necessary in the implementation of such a comprehensive program of
               solid waste collection and disposal to require all persons owning or occupying
               improved property in the unit to have their domestic solid waste and other waste
               and discarded property collection by a residential or commercial collection services.
       (i)      The imposition of an annual solid waste assessment is the most equitable and
               efficient method of allocating and apportioning the cost of collection services among
               classifications of improved property in the county.
       (j)      The annual solid waste assessment imposed under this article to pay the cost of
               collection services is a non-ad-valorem (special) assessment within the meaning and
               intent of F.S. § 197.3632, or its successor in function.
(Code 1979, § 8-73; Ord. No. 33-1989, § 3)

Sec. 8-74. Statement of intent.
       (a)     It is the intent of the board to require owners and occupants of all improved
property within the unit to have domestic solid waste and special waste generated on such
improved property collected and disposed of in a proper, sanitary and efficient manner; to require
owners of all improved property to cause the occupants of such property to utilize methods of solid
waste collection and disposal implemented by this article; to eliminate illegal dumping; to provide
an effective and equitable method of collecting the cost for the services rendered; and to promote
the health, safety and welfare of the citizens of the county.
        (b)     It is hereby declared and determined by the board that the collection services
provided pursuant to this article and the corresponding collection agreements shall and do
constitute a benefit to all improved property, equal to, or in excess of, the cost of providing such
collection services.
       (c)     It is the intent of the board that collection of all solid waste shall be done only by
those persons who satisfy the requirements contained herein and who are licensed by the county,
except for those persons who receive an exemption pursuant to this article.
(Code 1979, § 8-74; Ord. No. 33-1989, § 4) ;oxh5; Secs. 8-75—8-79.\Reserved.

                             DIVISION 2. COLLECTION AND DISPOSAL
Sec. 8-80. Mandatory disposal of solid waste.
    All domestic solid waste generated within the county shall be disposed of exclusively at the
solid waste disposal facility.
                                                                                             Page 16 of 34

(Code 1979, § 8-80; Ord. No. 33-1989, § 5)

Sec. 8-81. Description of service.
       (a)      Effective October 1, 1989, The owners or occupants of improved property within the
unit shall be required to utilize the collection services provided by the collector granted a collection
agreement for that service area in which such property is located.
        (b)    The board shall provide for such collection services through the granting of
collection agreements to collectors to provide collection services within applicable service areas.
The board may periodically establish fees by resolution which shall be paid by the collector for the
granting of a collection agreement.
        (c)    The board may award as many collection agreements as are necessary to provide, in
the board's sole determination, effective and efficient solid waste collection services. Each
collection agreement shall not exceed a term of five (5) years and shall contain the following:
       (1)      The name and address of the person who will provide the collection services;
       (2)      A description of the service area within which the person will provide such
               collection services;
       (3)      A description of the services to be provided within the service area;
       (4)      The length of the agreement;
       (5)     All standards, regulations or restrictions which shall govern the collection services
               within the service area; and
       (6)     The amount and method of payment to be provided for the performance of services
               under the collection agreement.
       (d)      The county, in awarding a collection agreement, shall consider, at a minimum:
       (1)      The past experience of the proposed collector in providing collection services in the
               county or in similar geographic areas;
       (2)      The ability of the proposed collector to comply with the standards, regulations and
               restrictions of collection services established in this article and in the collector's
               agreement;
       (3)      The ability of the collector to provide collection services at a reasonable rate; and
       (4)      All other matters which would effect the interests of the public as a whole.
        (e)     No collection agreement may be granted to any collector until such collector is
licensed under the provisions of section 8-82, or can demonstrate to the satisfaction of the board, in
its sole discretion, that he can comply with the requirements of section 8-82 prior to commencing
operations pursuant to the proposed collection agreement. In no event shall a collector be
permitted to commence operations prior to receiving a license.
       (f)     There are hereby established the Monroe County Solid Waste Collection Service
Areas No. 1 through No. 7, inclusive. The boundaries of each service area shall be defined by
resolution of the board. Each service area shall be included in a collection agreement granted to a
Collector under the provisions of this article.
(Code 1979, § 8-81; Ord. No. 33-1989, § 6)

Sec. 8-82. Regulation of collectors.
       (a)    Any persons that provide collection services within the unit shall obtain a license,
as provided herein, unless excepted as provided in this article. Any person collecting any special
solid waste shall be required to obtain a license prior to collection of such waste and shall comply
with all provisions of this section; provided, however, that the applicant for a building permit
                                                                                         Page 17 of 34

which has elected to collect and dispose of construction waste pursuant to section 8-85 shall be
exempt from the requirement of obtaining a license. Each collector and specialty hauler shall be
required to obtain a license. The standards for obtaining a license shall be as follows:
       (1)     Any individual who desires to obtain a license from the county shall be at least
              eighteen (18) years old. A partnership, corporation or other business entity which
              desires to obtain a license must currently be in good standing with the Florida
              Department of State, Division of Corporations.
       (2)     No license shall be issued to any person who has failed to file a sworn statement
              under F.S. § 287.133(3)(a) on public entity crimes or who is disbarred from
              contracting with the county pursuant to F.S. § 287.13.
       (3)     The applicant shall provide evidence that he has obtained all permits and licenses
              required by law or ordinance in order to provide residential or commercial collection
              services or special waste collection, and shall maintain the same in full force and
              effect.
       (4)     The applicant shall provide a list of vehicles by size and type, including the vehicle
              identification number, that will be used to provide the collection services, or special
              solid waste collection. The applicant shall notify the county of any changes in
              equipment within fourteen (14) days. The county shall have the right to inspect such
              vehicles at any time.
       (5)     The applicant must sign a sworn affidavit that all solid waste collected shall be
              disposed of at the solid waste disposal facility, except as otherwise permitted under
              subsection 8-82(e) or section 8-80, and that the applicant will comply with all
              standards and provisions of this article.
       (6)    All applicants for a license must demonstrate that they are financially responsible.
              The applicant shall provide a sworn statement to the county that he has:
              a.     No unsatisfied judgments against him resulting from the collection or
                     disposal of any domestic solid waste or special solid waste as defined in this
                     article;
              b.     That there are no liens of record by the Internal Revenue Service or the State
                     of Florida Corporate Tax Division against any business or any organization
                     he is qualifying.
       (7)     Each applicant shall agree to indemnify the county from any loss which may result
              from the failure of the applicant to perform his responsibilities.
       (8)     The applicant shall furnish proof of comprehensive liability insurance in an amount
              deemed adequate by the Board, but not less than one hundred thousand dollars
              ($100,000.00) per person bodily injury, three hundred thousand dollars
              ($300,000.00) per occurrence, and fifty thousand dollars ($50,000.00) property
              damage per occurrence. Each holder of a license shall furnish evidence of the above-
              described insurance prior to having his or her license renewed each year.
       (9)     Prior to the issuance of a license, every applicant shall show proof that the
              requirements of the Workers' Compensation Law of the State of Florida have been
              met. Each holder of a license shall furnish evidence that the requirements of the
              Workers -Compensation Law of the State of Florida have been complied with prior to
              having his license renewed each year.
       (b)   The application for license shall be filed with the county administrator and shall be
accompanied by a nonrefundable fee in an amount which shall be established by the board by
resolution.
                                                                                         Page 18 of 34

       (c)     The term of the license shall be from October 1 to September 30 each year. Prior to
the expiration of the license, the collector or specialty hauler may renew the license by filing an
affidavit with the county administrator indicating continued compliance with the requirements of
subsection (a) of this section, along with such fees as may be established by the board by
resolution. Prior to renewal of a license, a collector providing collection services or a specialty
hauler shall provide to the county such information as may be required by the county or by Florida
Statutes, including, but not limited to, the rates charged and the number of customers serviced.
       (d)     A license shall be conditioned upon the collector's or specialty hauler's complying
with the following additional requirements:
       (1)     Assignment of license. The collector or specialty hauler shall not assign the license
              to any person. A transfer during the term of a license of more than twenty-five (25)
              percent of the issued or outstanding stock of the collector or specialty hauler or of
              any corporation which holds more than fifty (50) percent of issued and outstanding
              stock of the collector or specialty hauler shall constitute an assignment for the
              purposes of this section. Likewise, during the term of a license, any transfer of the
              voting rights attendant to twenty-five (25) percent or more of the issued or
              outstanding stock of the collector or specialty hauler or of any corporation which
              holds more than fifty (50) percent of issued and outstanding stock of the collector or
              specialty hauler shall constitute an assignment for the purposes of this section.
       (2)     Interlocking directorships. No person shall serve on the board of directors or as an
              officer, or own any interest in three (3) or more collectors providing collection
              services within the county or any corporation which holds more than fifty (50)
              percent of the issued and outstanding stock of any collector.
       (3)     Certification of compliance. Each collector shall annually certify in writing to the
              county administrator that the collector and its officers, directors and stockholders
              have not violated any of the provisions of this subsection (d) and is in compliance
              with the remaining provisions of this section 8-82.
        (e)    The following requirements are only applicable to special waste collectors (hereafter
collector in this subsection 8-82(e)) engaged in the collection and transportation of construction
and demolition debris. A transfer station which only accepts delivery of construction and
demolition debris for transfer to a solid waste disposal facility permitted by the Florida
Department of Environmental Protection is not a "collector" for the purposes of this subsection.
       (1)     The collector must apply to the county for a nonrefundable special solid waste
              license, subcategory construction and demolition debris (hereafter license in this
              subsection 8-82(e)). The application fee is two hundred fifty dollars ($250.00.) The
              initial license fee and each annual renewal is one thousand dollars ($1,000.00.)
       (2)     The collector must pay a ten (10) percent surcharge on the collector's gross receipts
              received for construction and demolition debris removal; except, however, no
              surcharge is due on the gross receipts received for construction and demolition
              debris that are delivered to the county's transfer stations and the full tipping fee is
              paid. The surcharge is payable quarterly and is due twenty (20) days after the close
              of each quarter. The payment must be accompanied by a report listing locations of
              service, the customer fees charged, the amount of recovered material and the
              disposal site, together with receipts from the disposal facility, stating volume or
              weight.
       (3)     In order to assure compliance with subsection 8-82(e)(2), the collector's financial
              records must be made available to representatives of the county during regular
              business hours (Monday through Friday, 9:00 a.m. 5:00 p.m., holidays excepted) at a
                                                                                 Page 19 of 34

       location within Monroe or Dade counties.
(4)     The collector may only collect and transport construction and demolition debris
       from a construction site from 7:00 a.m. until 7:00 p.m. Monday through Saturday.
(5)     All equipment used by the collector in the collection and transportation of
       construction and demolition debris must be clearly identified with the name of the
       collector, his telephone number and his license number. The collector must purchase
       from the county a county decal or sticker for each vehicle used in the collection of
       construction and demolition debris. Each decal/sticker costs two hundred fifty
       dollars ($250.00) and is valid for one (1) year from date of purchase. The
       decal/sticker must clearly show the date of purchase and be displayed on the vehicle
       as long as the vehicle is used in collecting construction and demolition debris in the
       county.
(6)    Construction and demolition debris in transit must be sufficiently covered to
       prevent the release of the debris while in transit.
(7)    All construction and demolition debris must be disposed of at a solid waste facility
       permitted for such debris by the Florida Department of Environmental Protection.
(8)    A collector exiting Monroe County with equipment loaded with construction and
       demolition debris shall use Card Sound Road and shall, on a daily basis, deposit
       with the toll collector service tickets which shall include the following information:
       a.     Company name, address, and telephone number;
       b.     Driver's name;
       c.     Specialty hauler's license number;
       d.     Vehicle number;
       e.     Container number and size;
       f.     Building permit number (if applicable);
       g.     Service address/location;
       h.     Disposal site (including DEP permit number);
       i.     Service ticket number; and
       j.     Cost of service.
(9)     A collector disposing of construction and demolition debris within the county at a
       site other than a county-owned transfer station shall, on a monthly basis, deliver
       service tickets containing the information set forth in subsection 8-82(e)(8), MCC, to
       the office of solid waste management.
(10)    A collector licensed under this subsection 8-82(e), MCC, may not collect any
       residential or commercial solid waste or (non-construction or demolition) special
       solid waste without first obtaining a franchise therefor. Construction and demolition
       debris may not be commingled with residential or commercial solid waste or other
       (non-construction or demolition) special solid waste regardless of the license or
       franchise held by the collector.
(11)    The county administrator is authorized to suspend or revoke the license of a
       collector when the administrator determines that the collector as violated a
       provision of this section 8-82. Before suspending or revoking the license the
       administrator must afford the collector an opportunity to offer such evidence as the
       collector deems necessary to support his position, although the administrator is not
                                                                                          Page 20 of 34

              bound to consider, and may reject, evidence that is cumulative, slanderous, or
              irrelevant. The administrator's decision on a suspension or revocation must be in
              writing and state the reasons therefor. The decision is the final administrative
              action of the county. This subsection 8-82(e)(11), MCC, is cumulative to all other
              lawful remedies and procedures available to the county for the enforcement of its
              ordinances, including but not limited to: prosecution as a second degree
              misdemeanor; issuance of citations to appear in county court; prosecution before the
              county code enforcement board or special master; and suits for injunctive relief.
       (f)      Persons who provide lawn care or lawn maintenance for improved property and who
transport the horticulture trash from such property shall be exempt from the provisions of this
section, provided that all horticulture trash which is transported from the property shall be
disposed of at the solid waste disposal facility.
        (g)    The following requirements are only applicable to special waste collectors (hereafter
collector in this subsection 8-82(g)) engaged in the collection and transportation of sludge. A
transfer station which only accepts delivery of sludge for transfer to a solid waste disposal facility
permitted by the Florida Department of Environmental Protection is not a "collector" for the
purposes of this subsection.
       (1)     The collector must apply to the County for a nonrefundable special solid waste
              license, subcategory sludge (hereafter license in this subsection 8-82(g)). The
              application fee is two hundred fifty dollars ($250.00). The initial license fee and each
              annual renewal is one thousand dollars ($1,000.00).
       (2)     The collector must pay a ten (10) surcharge on the collector's gross receipts received
              for sludge removal; except, however, no surcharge is due on the gross receipts
              received for sludge which is delivered to the County's transfer stations and the full
              tipping fee is paid. The surcharge is payable quarterly and is due twenty (20) days
              after the close of each quarter. The payment must be accompanied by a report listing
              locations of service, the customer fees charged, the amount of recovered material and
              the disposal site, together with receipts from the disposal facility, stating volume or
              weight.
       (3)     In order to assure compliance with subsection 8-82(g)(2), the collector's financial
              records must be made available to representatives of the county during regular
              business hours (Monday through Friday, 9:00 a.m.—5:00 p.m., holidays excepted) at
              a location within Monroe or Dade counties.
       (4)    All equipment used by the collector in the collection and transportation of sludge
              must be clearly identified with the name of the collector, collector's telephone
              number and collector's license number. The collector must purchase from the county
              a county decal or sticker for each vehicle used in the collection of sludge. Each
              decal/sticker costs two hundred fifty dollars ($250.00) and is valid for one year from
              date of purchase. The decal/sticker must clearly show the date of purchase and be
              displayed on the vehicle as long as the vehicle is used in collecting sludge in Monroe
              County.
       (5)     Sludge must be sufficiently contained to prevent the release of the sludge while in
              transit.
       (6)    All sludge must be disposed of at a facility permitted for such purposes by the
              Florida Department of Environmental Protection.
       (7)     A collector exiting Monroe County with equipment loaded with sludge shall use
              Card Sound Road and shall, on a daily basis, deposit with the Toll Collector service
              tickets which shall include the following information:
                                                                                                Page 21 of 34

                a.     Company name, address, and telephone number
                b.     Driver's name
                c.     Specialty hauler's license number
                d.     Vehicle number
                e.     Container number and size
                f.     Building permit number (if applicable)
                g.     Service address/location
                h.     Disposal site (including DEP Permit Number)
                i.     Service ticket number
                j.     Cost of service
         (8)     A collector disposing of sludge within Monroe County at a site other than a county-
                owned transfer station shall, on a monthly basis, deliver service tickets containing
                the information required in subsection (e)(8), to the Office of Solid Waste
                Management.
         (9)     A collector licensed under subsection 8-82(g), may not collect any residential or
                commercial solid waste or special solid waste other than sludge without first
                obtaining a franchise therefor. Sludge may not be commingled with any other type of
                solid waste regardless of the license or franchise held by the collector.
         (10)    The county administrator is authorized to suspend or revoke the license of a
                collector when the administrator determines that the collector has violated a
                provision of this section . Before suspending or revoking the license the
                administrator must afford the collector an opportunity to offer such evidence as the
                collector deems necessary to support his position, although the administrator is not
                bound to consider, and may reject, evidence that is cumulative, slanderous, or
                irrelevant. The administrator's decision on a suspension or revocation must be in
                writing and state the reasons therefor. The decision is the final administrative
                action of the county. Subsection 8-82(e)(11), MCC, is cumulative to all other lawful
                remedies and procedures available to the county for the enforcement of its
                ordinances, including but not limited to: prosecution as a second degree
                misdemeanor; issuance of citations to appear in county court; prosecution before the
                county code enforcement board or special master; and suits for injunctive relief.5
(Code 1979, § 8-82; Ord. No. 33-1989, § 7; Ord. No. 15-1994, § 1; Ord. No. 35-2000, §§ 2—4; Ord. No. 4-2001,
§ 1; Ord. No. 013-2004, § 1)
Sec. 8-83. Duties of collector.
    In addition to all other requirements of law and as contained in the collection agreement, the
collector shall provide the following:
         (a)     Collect and remove all domestic solid waste generated by improved property within
                the service area of the collector.
         (b)     Collect and remove all domestic solid waste generated by improved property within
                the service area of the collector at the rates established by the rate resolution, in
                accordance with the provisions of this article.


5
    Legal Analysis: 1979 Code § 8-82. Regulation of collectors. Delete language at end of section
         that is incorrect and not needed.
                                                                                            Page 22 of 34

       (c)      Provide the county with a listing of all improved property within the service area of
               the collector not utilizing the services of the collector. Such listing shall be provided
               on a monthly basis.
       (d)     Provide the county, on or prior to June 30 of each year, a financial audit performed
               by a certified public accountant, performed in accordance with generally accepted
               accounting principles.
(Code 1979, § 8-83; Ord. No. 33-1989, § 8)

Sec. 8-84. Responsibility of property owners.
   The owners and occupants of improved property shall use the collection services provided by
the collector for the service area where such property is located, unless exempted by the provisions
of this article. All improved property shall be subject to the imposition of the solid waste
assessment for such services as may be established in the rate resolution.
       (a)      Residential Collection Service.
               (1)      The owner of residential property shall pay to the county the solid waste
                       assessment imposed on such residential property for the benefits received by
                       such property for the residential collection service provided or made
                       available.
               (2)     The owner shall provide garbage receptacles adequate to contain all
                       domestic solid waste generated from their residential property in accordance
                       with the provisions herein.
               (3)      Any owner which either denies a collector access to his property by
                       prohibiting the use of a private road or who resides on a road which is
                       inadequate for use by a collector's vehicle, as determined by the county, shall
                       be required to transport all solid waste generated from his property to the
                       nearest county-approved road for collection in accordance with the provisions
                       of this article, unless exempted under this article.
       (b)      ;Commercial and Governmental Collection Service. The owners and occupants of
               commercial property, and governmental property which generates solid waste
               regardless of use, within the county shall enter into an agreement with a collector
               for the service area where such commercial property is located to provide
               commercial and governmental collection service.
               (1)      The board shall adopt the commercial and governmental rates charged the
                       owner and occupants of commercial and governmental property at a public
                       hearing to be held in conjunction with the public hearing on solid waste non-
                       ad-valorem assessments described in F.S. § 197.3632(4)(b). Notice of the
                       public hearing on commercial and governmental rates, stating the place and
                       time of the hearing and the proposed rates, shall be published at least twenty
                       (20) days in advance of the hearing in quarter-page advertisement in a
                       newspaper of general circulation in the county in a section of the paper not
                       reserved for classified advertising. In the event the board decides to utilize
                       F.S. § 197.3632(6), and no public hearing is held on solid waste non-ad-
                       valorem assessments, the board shall still hold a public hearing to adopt the
                       commercial and governmental collection rates on or before September 30 of
                       each year, noticed according to the preceding method. Nothing in this section
                       shall preclude the board from also imposing a solid waste non-ad-valorem
                       assessment against commercial property.
(Code 1979, § 8-84; Ord. No. 33-1989, § 9; Ord. No. 25-1992, § 1)
                                                                                            Page 23 of 34

Sec. 8-85. Construction waste.
        (a)    Prior to the issuance of a building permit for the construction or renovation of any
structure, or the demolition of a structure or land clearing; the applicant shall provide for the
collection and disposal of any construction, demolition of a structure or land clearing debris, waste
which may result from the construction. In order to obtain a building permit for the construction of
any structure, the applicant shall indicate in writing on forms provided by the county which of the
following methods of collection and disposal shall be used:
         (1)     The applicant will contract with a specialty hauler, with a construction demolition
                debris collection license, to collect and properly dispose of all construction waste and
                demolition debris generated at the construction site, and the applicant shall provide
                the name of the licensed collector or specialty hauler which will be utilized; or
         (2)     The applicant or his contractor will provide for the collection and disposal of
                construction waste and demolition debris at a solid waste disposal facility permitted
                by the Florida Department of Environmental Protection using the applicant's or his
                contractor's equipment for such collection and disposal that is acceptable to the
                county. Neither the applicant nor his contractor may collect or dispose of any
                construction and demolition debris other than that generated at the site for which
                the building permit was issued.
       (b)     No building permit shall be issued by the county until one of the above alternatives
has been selected by the applicant.
(Code 1979, § 8-85; Ord. No. 33-1989, § 10; Ord. No. 35-2000, § 5)

Sec. 8-86. Prohibited acts.6
       (a)     With the exception of construction and demolition debris, no person shall place,
deposit or dispose of any solid waste, other than at the solid waste disposal facility. If any solid
waste is found on public or private property or roadways and its origin is traced to improved
property by identification such as mail, statements, checks, receipts, etc., and such occupant or
owner of such property is not receiving collection service by a collector, it shall be presumed that
such solid waste was generated from that improved property.
       (b)     No person shall place or deposit for temporary storage any domestic solid waste or
special solid waste anywhere in the county in such a manner that it may be carried or deposited by
the uncontrolled physical elements upon any public property or upon the land of another person.
       (c)     No person may provide collection services unless certified pursuant to the
provisions of section 8-82 and pursuant to a collection agreement, unless they have received an
exemption pursuant to this article.
       (d)     No person may collect or transport special solid waste without being certified under
the provisions of section 8-82, unless exempted from those provisions.
       (e)     It shall be unlawful to scatter or spread about or cause to scatter or spread about
any domestic solid waste or special solid waste which has been set out for removal by a collector or
specialty hauler.
      (f)     No owner or occupant shall maintain or permit on any improved property an
unsanitary nuisance.
       (g)   No person shall place any special solid waste in any garbage receptacle or
commercial container or in any location intended for the collection and disposal of domestic solid
waste.

6
    Legal Analysis: 1979 Code § 8-86. Prohibited acts. Deleted last sentence as not needed.
                                                                                          Page 24 of 34

         (h)    A violation of any provision of this section shall be punished as provided in section
8-87.
(Code 1979, § 8-86; Ord. No. 33-1989, § 11; Ord. No. 35-2000, § 6)

Sec. 8-87. Penalties.7
   Any person found guilty of violating any provisions of this article shall be punished by a fine
not exceeding five hundred dollars ($500.00), or by imprisonment in the county jail for not more
than sixty (60) days, or by both such fine and imprisonment.
(Code 1979, § 8-87; Ord. No. 33-1989, § 12)

Sec. 8-88. Remedies.8
    In addition to the penalties as provided herein, the county may have recourse to such remedies
as provided in law and equity to ensure compliance with the provisions of this article, to include
temporary and permanent injunctive relief and recovery of damages. Each day a violation of this
article continues unabated shall be deemed a separate violation of same for penalty purposes.
Administrative fines, as provided in section 381.112, Florida Statutes, may be imposed by the
health authority should conditions necessitate.
(Code 1979, § 8-88; Ord. No. 33-1989, § 13)

                                       DIVISION 3. ASSESSMENT
Sec. 8-94. Creation of unit.
    Pursuant to F.S. ch. 125, there is hereby established the Monroe County Solid Waste
Municipal Service Benefit Unit. The boundaries of such unit shall consist of the unincorporated
areas of the county. Each municipality within Monroe County may request to be included within
the boundaries of the Monroe County Solid Waste Municipal Service Benefit Unit. A certified copy
of the resolution requesting inclusion must be received by the county prior to June 1 and shall be
effective beginning the next fiscal year. Upon being included, all provisions of this article shall
apply within the boundary of such municipality.
(Code 1979, § 8-94; Ord. No. 33-1989, § 14)

Sec. 8-95. Prima facie evidence of accumulation of waste.
   The fact that any improved property is capable of being occupied shall be prima facie evidence
that solid waste is being generated from or accumulated upon such property.
(Code 1979, § 8-95; Ord. No. 33-1989, § 15)

Sec. 8-96. Solid waste assessment.
       (a)     There is hereby imposed on the assessment date against each lot or parcel of
assessed property within the unit a solid waste assessment for the collection, disposal and
recycling services provided under the provisions of this article.
       (b)     The amount of the solid waste assessment imposed each fiscal year against each lot
or parcel of assessed property shall be at the rate established in the rate resolution for the solid
waste assessment category applicable to such assessed property.
       (c)     It is the intent of the board that the cost of collection services within the unit, and
the disposal, management and administrative costs to support such services, be paid through the


7
    Legal Analysis: 1979 Code § 8-87. Penalties. Deleted as covered by chapter 1.
8
    Legal Analysis: 1979 Code § 8-88. Remedies. Deleted as not needed or covered by chapter 1.
         The statutory reference should now be to F.S. § 381.0061. The statute is self-executing,
                                                                                           Page 25 of 34

imposition of the annual solid waste assessments on all assessed property. To fulfill this intent, it
is contemplated by the board that the disposal charge of the solid waste assessment derived from
assessed property shall be sufficient to fund the solid waste disposal facility budget for the ensuing
fiscal year.
(Code 1979, § 8-96; Ord. No. 33-1989, § 16)

Sec. 8-97. Adoption of rate resolution and annual solid waste assessment roll.
       (a)      The rate resolution shall fix and establish for the ensuing fiscal year:
       (1)      The solid waste assessment categories;
       (2)      The solid waste assessment to be imposed within each solid waste assessment
               category;
       (3)      The collection charge;
       (4)      The disposal charge; and
       (5)      The recycling charge of the solid waste assessment.
        (b)    On or before August 1 of each year, the board shall adopt by resolution a tentative
rate resolution establishing the solid waste assessments proposed to be imposed in the ensuing
fiscal year against each lot or parcel of assessed property in the unit for the purpose of providing
collection services for the ensuing fiscal year. Upon adoption by the board of the tentative rate
resolution, the county administrative shall cause to be prepared a preliminary annual solid waste
assessment roll and, upon completion, shall file such preliminary roll with the clerk for public
inspection.
        (c)     Upon the filing of the preliminary annual solid waste assessment roll with the
clerk, the board shall hold a public hearing to adopt the rate resolution and the annual solid waste
assessment roll for the ensuing fiscal year. Such hearing shall be held between June 1 and
September 15. At such public hearing, the board shall hear comments and objections from owners
and other members of the public as to the proposed solid waste assessment categories, solid waste
assessments, and the various proposed charges, and shall review the preliminary solid waste
assessment roll prepared by the county administrator for preparation in conformity with the
tentative rate resolution and this article. The board shall also hear comments or objections from
any owner or member of the public as to the method of apportionment of the cost of providing
collection services against any parcel of improved property within any solid waste assessment
category. The board shall make such increase, decrease or revision to any proposed solid waste
assessment or solid waste assessment category as it shall deem necessary or appropriate and shall
adopt a rate resolution. In addition, the board shall make such changes, modifications or additions
as necessary to conform the preliminary annual solid waste assessment roll with the adopted rate
resolution and this article. The board may continue said public hearing to a date and time certain
without the necessity of further public notice to allow prior to final adoption increases, decreases
or revisions to the tentative rate resolution or changes, modification or additions to the
preliminary annual solid waste assessment roll or for such other reason deemed necessary in the
sole discretion of the board. If upon completion of such public hearing the board shall be satisfied
that the annual solid waste assessment roll has been prepared in conformity with the rate
resolution and this article, it shall ratify and confirm such roll; and the chairman of the board shall
certify the roll to the tax collector no later than September 15 of each year unless a subsequent
date is approved by the tax collector.
        (d)     Notice of the date, time and place of the public hearing by the board on the adoption
of the rate resolution and of the annual solid waste assessment roll shall be published by the board
twice in a newspaper of general circulation, with the first publication begin at least ten (10) days
prior to the public hearing, excluding Sundays and legal holidays established by the State of
                                                                                         Page 26 of 34

Florida. The notice shall set forth the property to be assessed, a schedule of solid waste
assessments, solid waste assessment categories and any disposal charges proposed to be fixed and
established during the ensuing fiscal year, and shall announce the availability of the preliminary
annual solid waste assessment roll for public inspection.
       (e)     In the event that the board elects to utilize the statutory collection procedures
contained in section 8-101, notice of the date, time and place of the public hearing for the adoption
of the rate resolution and the annual solid waste assessment roll shall be as provided in F.S. §
197.3632(4)(b) if:
       (1)      The solid waste assessment is being levied for the first time under the statutory
               collection procedures;
       (2)      The solid waste assessment is increased beyond the maximum rate authorized by
               law or judicial decree at the time of the initial imposition;
       (3)     The boundaries of the unit have changed and all the newly affected property owners
               have not provided written consent for such assessment to the board; or
       (4)      There has been a change in the purpose of the solid waste assessment or in the use
               thereof.
It shall be presumed that there is no maximum rate established for the solid waste assessment
unless such amount is expressly contained within the rate resolution.
       (f)     Notwithstanding the mailing or publication of a proposed schedule of assessment,
charges and categories, the board shall have full and absolute discretion at such public hearing to
increase, decrease or modify any proposed solid waste assessment, solid waste assessment
category or disposal charge.
(Code 1979, § 8-97; Ord. No. 33-1989, § 17)

Sec. 8-98. Revision of rate resolution.
    The board shall have the authority to revise and amend any rate resolution adopted under the
provisions of section 8-97 upon a determination that amendment or revision of the established
assessments or charges is appropriate and necessary. The rate resolution may be amended and
revised at the time of the adoption of the solid waste budget, at any public hearing required by law
to adopt the county budget, or at any other special or regular meeting of the board. In the event
such revision or amendment increases the solid waste assessments, or revises or changes the solid
waste assessment category for any assessed property resulting in an increased solid waste
assessment for such property, the revision or amendment of the rate resolution shall become
effective only if confirmed by the board at a public hearing held in conformity with the public
hearing and notice provisions of subsection (d) of section 8-97; provided, however, the notice of
such public hearing in the event of such revision shall be only required to be published once at
least five (5) days prior to the public hearing, excluding Sundays and legal holidays established by
the State of Florida.
(Code 1979, § 8-98; Ord. No. 33-1989, § 18)
Sec. 8-99. Adoption of addendum.
       (a)     The board may adopt an addendum to the solid waste assessment roll at any
regular or special meeting in the event the board determines:
       (1)      That lots or parcels of improved property which are subject to the solid waste
               assessment were not incorporated on the annual solid waste assessment roll because
               of error or omission;
       (2)      That the rate resolution should be amended or revised as provided in section 8-98;
                                                                                          Page 27 of 34

                or
         (3)     That the legal description of any lot or parcel has been altered on the real property
                assessment roll from that reflected on the adopted annual solid waste assessment
                roll. The addendum shall supplement the corresponding annual solid waste
                assessment roll by incorporating any omitted or altered lots or parcels or by revising
                the annual solid waste assessment or the solid waste assessment category
                incorporated in any revised and amended rate resolution.
       (b)     Notwithstanding the provisions of section 8-98, the addendum may be adopted at
any regular or special meeting of the board without the necessity of a public hearing to:
         (1)    Incorporate omitted lots or parcels or lot or parcel alterations; or
         (2)     Reduce the annual solid waste assessment imposed on any lot or parcel or to change
                any solid waste assessment category for any classification of Assessed Property if
                such change results in a decrease in the amount of the solid waste assessment.
       (c)     Notwithstanding the provisions of section 8-98, in the event the addendum
increases the annual solid waste assessment imposed on any lot or parcel or changes any solid
waste assessment category for any classification of assessed property resulting in an increase in
the amount of the annual solid waste assessment, the addendum may be adopted by the board at
the public hearing held for the confirmation of the amendment and revision of the rate resolution
provided under section 8-98; and no separate public hearing or notice shall be required for the
adoption of the addendum.
       (d)    Upon adoption, the addendum shall be certified by the chairman in a compatible
electronic medium no later than September 15 of each year to the tax collector for collection, unless
a subsequent date is approved by the tax collector.
(Code 1979, § 8-99; Ord. No. 33-1989, § 19)

Sec. 8-100. Election of collection procedures.9
        (a)     Prior to January 1 of each year, the board shall elect by resolution whether to
utilize the statutory procedures contained in F.S. § 197.3632, and authorized by section 8-101 of
this article, or the alternative collection procedures contained in section 8-102 of this article, for
the collection of the solid waste assessment in the ensuing fiscal year.
       (b)      Notice of intent to utilize the statutory procedures contained in F.S. § 197.3632 and
section 8-101 shall be published weekly in a newspaper of general circulation within the county for
four (4) consecutive weeks prior to the public hearing scheduled for the adoption of the resolution
electing to use the statutory procedures. A copy of such resolution shall be provided to the property
appraiser, tax collector and department of revenue prior to January 10.
       (c)     During fiscal year 1989-1990, the collection charge, disposal charge and recycling
charge on assessed property shall be collected pursuant to the alternative collection procedures
contained in section 8-102. For fiscal year 1989-1990, the county may adopt the rate resolution and
solid waste assessment roll for that fiscal year at any public hearing and without the necessity of
the prior adoption of a tentative rate resolution and preliminary assessment roll.
(Code 1979, § 8-100; Ord. No. 33-1989, § 20)

Sec. 8-101. Utilization of statutory collection procedures.
      (a)    The collection of the solid waste assessment under the statutory collection
procedures shall be in the manner provided for the uniform collection of non-ad-valorem

9
    Legal Analysis: 1979 Code § 8-100. Election of collection procedures. Deleted subsection (c) as
         obsolete.
                                                                                           Page 28 of 34

assessment and in accordance with the provisions of F.S. § 197.3632n.
        (b)    The collection of solid waste assessments pursuant to this section shall be subject to
all collection procedures of F.S. ch. 197, including provisions relating to discount for early
payment, prepayment by installment method, deferred payment penalty for delinquent payment,
and issuance and sale of tax certificates and tax deeds for nonpayment.
       (c)     The tax collector shall include on the notice of ad valorem tax and non-ad-valorem
assessments mailed under F.S. § 197.3635 the solid waste assessment for each lot or parcel listed
on the real property assessment roll as incorporated on the annual solid waste assessment roll and
addendum, if any.
       (d)     If permitted by law, the board shall have the authority, in its sole discretion, to mail
a separate notice of solid waste assessment to the owner of each lot or parcel of assessed property
incorporated on the annual solid waste assessment roll or addendum, if any, in lieu of utilizing the
notice of tax statement method under F.S. § 197.3635 in the event the board determines such
separate notice will facilitate the billing of the solid waste assessments.
      (e)    In the event that F.S. § 197.3632, or any law requires that the solid waste
assessment be included on the notice prepared pursuant to F.S. § 200.069, then the solid waste
assessment shall be included on that notice.
(Code 1979, § 8-101; Ord. No. 33-1989, § 21)

Sec. 8-102. Utilization of the alternative collection procedures.
       (a)     The board may elect as provided in section 8-100 to utilize the alternative collection
procedures set forth in this section for solid waste assessments any fiscal year in lieu of the
statutory collection procedures contained in section 8-101.
       (b)    The board shall specify in the resolution adopting the annual solid waste
assessment roll or in a separate resolution electing to utilize the alternative collection procedures
provided under this section:
       (1)      The due date;
       (2)      Any discounts for early payment;
       (3)      Any prepayment by installment method;
       (4)      The penalty for delinquent payment;
       (5)      The date when such payment becomes delinquent; and
       (6)      The place of payment.
       (c)     The tax collector, should he agree, or the county shall, within forty-five (45) days of
the adoption of the annual solid waste assessment roll or the addendum, if any, mail a billing
notice to the owner of each lot or parcel of assessed property at the address incorporated on the
annual solid waste assessment roll, or its addendum, if any. Said billing notice shall advise such
owner of:
       (1)      The amount due;
       (2)      The due date;
       (3)      Any established discounts for early payment;
       (4)      Any right to pay by installments;
       (5)      The delinquency date;
       (6)      The penalty upon becoming delinquent; and
       (7)      The potential liability that exists under this collection method for failure to pay the
                                                                                           Page 29 of 34

               solid waste assessment.
        (d)    The tax collector, should he agree, or the county is hereby vested with the power,
and it shall be the duty, to collect payments of solid waste assessments under the alternative
collection procedure provided in this section.
       (e)     The tax collector, should he agree, or the county shall mail a delinquency notice to
all owners of assessed property who have not paid the applicable solid waste assessment by the
due date. Such delinquency notice shall specify:
       (1)      The amount of the annual solid waste assessment;
       (2)      The delinquency date;
       (3)      The penalty;
       (4)     The requirement in this article for the recordation of a lien in the manner provided
               by section 8-103; and
       (5)      The potential liability which exists for failure to pay the solid waste assessment.
(Code 1979, § 8-102; Ord. No. 33-1989, § 22)

Sec. 8-103. Imposition of liens under alternative collection procedure.
       (a)     All solid waste assessments collected under the alternative collection procedures of
section 8-102 shall constitute, and are hereby imposed as, liens as of the assessment date against
the assessed property against which the solid waste assessment is imposed. Until fully paid and
discharged or barred by law, said solid waste assessments shall remain liens equal in rank and
dignity with the liens of all state, county, district or municipal taxes and special assessments and
superior in rank and dignity to all other filed liens, encumbrances, titles and claims in, to or
against the real property involved.
       (b)     Unpaid solid waste assessment liens shall remain and constitute liens against such
parcels of assessed property within the county for a period of five (5) years from the assessment
date and shall be enforced pursuant to the provisions of section 8-104.
       (c)     Prior to the beginning of the sale of tax certificates, the tax collector, should he
agree, or the county shall prepare a list of outstanding and uncollected solid waste assessments for
such fiscal year. Such list shall contain for each lot or parcel:
       (1)      The amount of the outstanding solid waste assessment for the fiscal year;
       (2)      The legal description; and
       (3)      The owner.
       (d)    If any solid waste assessment lien becomes delinquent by not being fully paid prior
to the delinquent date, the county, upon receipt of the list of outstanding and uncollected solid
waste assessments for such fiscal year, shall cause to be prepared a notice of lien containing:
       (1)     The amount of the delinquent solid waste assessment, including the amount of the
               penalty;
       (2)      A legal description of the assessed property against which the lien is imposed; and
       (3)      The name of the owner.
Said notice of lien shall be recorded in the Official Records Book of Monroe County, Florida.
        (e)    Upon the delivery of such list of outstanding and uncollected solid waste
assessments, all such outstanding solid waste assessments or liens may be discharged and
satisfied by payment to the tax collector, should he agree, or the county of the aggregate amount
due for such outstanding solid waste assessments, together with the additional sum of five dollars
                                                                                         Page 30 of 34

($5.00) for abstracting costs and the total of any prior solid waste assessments or liens, plus
penalties, for such assessed property that remains outstanding and unpaid. When any such lien or
liens have been fully paid or discharged, the county shall properly cause evidence of the
satisfaction and discharge of such lien to be provided. Said lien or liens shall not be assigned by
the board to any person.
(Code 1979, § 8-103; Ord. No. 33-1989, § 23)

Sec. 8-104. Enforcement of delinquent solid waste assessments.
    All delinquent solid waste assessment liens imposed pursuant to the alternative collection
procedures may be enforced at any time by the board subsequent to the date of the recording of the
notice of lien provided for in section 8-103 for the amount due under such recorded liens, including
all penalties, plus costs and reasonable attorney's fees, by proceedings in a court of equity to
foreclose such liens in the manner in which a mortgage lien is foreclosed under the Laws of
Florida; or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the
provisions of F.S. ch. 173; or the collection and enforcement of payment thereof may be
accomplished by any other method unauthorized by law. It shall be lawful to join in any complaint
for foreclosure or any such legal proceedings any one (1) or more lots or parcels of land that is the
subject of a lien or liens.
(Code 1979, § 8-104; Ord. No. 33-1989, § 24)

Sec. 8-105. Interim collection service charge on new construction.
        (a)    An interim solid waste assessment shall be imposed against the owner of all
assessed property for which a certificate of occupancy is issued subsequent to the assessment date.
The amount of the interim solid waste assessment shall be calculated upon a monthly rate, which
shall be one-twelfth of the annual solid waste assessment as established in the rate resolution for
the fiscal year in which the certificate of occupancy is issued for the applicable classification of
assessed property. Such monthly rate shall be imposed for each full calendar month remaining in
the fiscal year. No certificate of occupancy shall be issued until full payment of the interim solid
waste assessment is received by the county.
        (b)     Issuance of a certificate of occSupancy by mistake or inadvertence, and without the
payment in full of the interim solid waste assessment, shall not relieve the owner of the assessed
property of the obligation of full payment. Such interim solid waste assessment shall be deemed
delinquent on the date the certificate of occupancy was issued and shall constitute a lien against
such assessed property as of that date. Said lien shall be equal in rank and dignity with the liens
of all state, county, district or municipal taxes and special assessments, and superior in rank and
dignity to all other subsequently filed liens, encumbrances, titles and claims in and to or against
the real property involved and may be recorded as provided in section 8-103 and enforced as
provided in section 8-104.
(Code 1979, § 8-105; Ord. No. 33-1989, § 25)

Sec. 8-106. Correction of errors and omissions; petition to board.
         (a)   No act of error or omission on the part of the property appraiser, tax collector,
county, clerk, board or their deputies or employees shall operate to release or discharge the
obligation of the owner of assessed property for payment of the solid waste assessment or the
interim solid waste assessment imposed by the board under the provision of this article. Any
errors or omissions may be corrected at any time by the board, or its designee, and when so
corrected shall be considered valid ab initio and shall in no way affect the enforcement of the solid
waste assessment or the interim solid waste assessment imposed under the provisions of this
article.
       (b)      When it shall appear that any solid waste assessment should have been imposed
                                                                                          Page 31 of 34

under this article against an assessed property, but that such property was omitted from the solid
waste assessment roll and its addendum, if any, and collection services were provided to said lot or
parcel, the board may, by resolution, impose the applicable annual solid waste assessment for the
fiscal year in which such error is discovered, in addition to the applicable solid waste assessment
due for the prior two (2) fiscal years. Such total solid waste assessments shall become delinquent if
not fully paid upon the expiration of ninety (90) days from the date of the adoption of said
resolution. Such solid waste assessment shall constitute a lien against such assessed property
upon becoming delinquent and shall be subject to a penalty. Said lien shall be equal in rank and
dignity with the liens of all state, county, district or municipal taxes and special assessments and
superior in rank and dignity to all other subsequently filed liens, encumbrances, titles and claims
in and to or against the real property involved and may be recorded as provided in section 8-103
and enforced as provided in section 8-104.
        (c)    Any owner of assessed property may petition the board to correct any asserted error
or omission in relation to this assessed property in the adoption of the annual solid waste
assessment roll or its addendum, if any, or in the implementation of this within ninety (90) days of
the date the asserted error or omission occurred. Such petition shall be initiated by filing with the
county a written petition containing the name of the owner, a legal description of the lot or parcel
of assessed property affected, a summary description of the asserted error or omission and the
relief requested of the board. Such petition shall be considered by the board at any regular or
special meeting.
       (d)     The board shall have the authority at any time, upon its own initiative or in
response to a timely filed petition from any owner of assessed property, to correct any error or
omission in the adoption of any annual solid waste assessment roll or any addendum, if any, or in
the implementation of this article, including, but not limited to, an error in inclusion or exclusion
of any assessed property.
(Code 1979, § 8-106; Ord. No. 33-1989, § 26)

Sec. 8-107. Calculation of time periods.
   For the purpose of calculating the time periods for the public notice required under Sections 8-
97 and 8-100, the date of initial publication shall be counted and the date of the public hearing
shall not be counted.
(Code 1979, § 8-107; Ord. No. 33-1989, § 27)

                                ARTICLE V. HAZARDOUS WASTE*
Sec. 8-111. Definitions.10
        (a)     Hazardous substance means any substance which is defined as a hazardous
substance in the United States Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 94 Stat. 2767.
         (1)    Any substance designated pursuant to section 1321(b)(2)(A) of Title 33;
         (2)    Any element, compound, mixture, solution, or substance designated pursuant to 42
                USCA 9602;
         (3)     Any hazardous waste having the characteristics identified under or listed pursuant
                to section 3001 of the Solid Waste Disposal Act [42 USCA § 6921] (but not including
                any waste the regulation of which under the Solid Waste Disposal Act [42 USCA §
                6901 et seq.] has been suspended by Act of Congress);

10
     Legal Analysis: 1979 Code § 8-111. Definitions. Per F.S. § 403.7031, made definition of
         hazardous substance consistent with F.S. § 403.703.
                                                                                          Page 32 of 34

       (4)      Any toxic pollutant listed under section 1317(a) of Title 33;
       (5)      Any hazardous air pollutant listed under section 112 of the Clean Air Act [42 USCA
               § 7412]; and
       (6)      Any imminently hazardous chemical substance or mixture with respect to which the
               EPA administrator has taken action pursuant to section 2606 of Title 15. The term
               does not include petroleum, including crude oil or any fraction thereof which is not
               otherwise specifically listed or designated as a hazardous substance under
               subparagraphs (1) through (6) of this subsection, and the term does not include
               natural gas, natural gas liquids, liquified natural gas, or synthetic gas usable for
               fuel (or mixtures of natural gas and such synthetic gas).
        (b)   Pollutant or contaminant shall include, but not be limited to, any element,
substance, compound, or mixture, including disease-causing agents, which after release into the
environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either
directly from the environment or indirectly by ingestion through food chains, will or may
reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic
mutation, physiological malfunctions (including malfunctions in reproduction) or physical
deformations, in such organisms or their offspring; except that the term "pollutant or
contaminant" shall not include petroleum, including crude oil or any fraction thereof which is not
otherwise specifically listed or designated as a hazardous substance under subparagraphs (1)
through (6) of subsection 8-111(a) of this section, and shall not include natural gas, liquefied
natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic
gas).
       (c)     Release means any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including
the abandonment or discarding of barrels, containers, and other closed receptacles containing any
hazardous substance or pollutant or contaminant) within Monroe County but excludes:
       (1)      Any release which results in exposure to persons solely within a workplace, with
               respect to a claim which such persons may assert against the employer of such
               persons;
       (2)      Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel,
               or pipeline pumping station engine;
       (3)      Release of source, byproduct, or special nuclear material from a nuclear incident, as
               those terms are defined in the Atomic Energy Act of 1954 [42 USCA § 2011, et seq.],
               if such release is subject to requirements with respect to financial protection
               established by the Nuclear Regulatory Commission under section 170 of such Act [42
               USCA § 2210]; and
       (4)      The normal application of fertilizer.
   For the purposes of this article, release also means the threat of release.
(Code 1979, § 8-111; Ord. No. 14-1994, § 1; Ord. No. 022-2004, § 19)

Sec. 8-112. County administrator—Duties during release of a hazardous substance,
pollutant or contaminant.
        (a)    In the event of the release of a hazardous substance, pollutant or contaminant, the
county administrator is authorized to act by undertaking temporary emergency response measures
to prevent or mitigate injury to human health or the environment associated with the release. The
measures may include, but are not limited to, security fencing, source control, release
containment, neutralization or other treatment methods, contaminated runoff control, and similar
activities which mitigate the immediate threats to human health and the environment. All
                                                                                         Page 33 of 34

temporary emergency measures undertaken by the county administrator shall, when possible, be
consistent with the Comprehensive Environmental Response Compensation and Liability Act
(CERCLA, 42 USCA 9601, et seq.), the National Contingency Plan (42 USCA 9605), and the
Emergency Planning and Community Right-To-Know Act (42 USCA 11001, et seq.).
      (b)      The county administrator shall, within twenty-four (24) hours of undertaking the
temporary emergency response measures, contact the US Environmental Protection Agency (EPA)
or the US Coast Guard (USCG) to provide the Federal Government with an opportunity to
determine if a Federal response is necessary.
       (c)     No later than the date of the completion of the temporary emergency response
measures to the release of hazardous substances, pollutants or contaminants, the county
administrator shall seek reimbursement of the cost to the county of those measures from all
potentially responsible parties and their insurance companies to the full extent allowed by federal
and state law. In addition, the county administrator shall actively seek out any grants or
reimbursement which may be available from the State of Florida to cover the costs of the county's
temporary emergency response.
(Code 1979, § 8-112; Ord. No. 14-1994, § 2)

Sec. 8-113. Same—Authority to seek reimbursement for costs incurred from hazardous
release.11
        (a)    If after sixty (60) days from the date of completion of the county's temporary
emergency response to the release of hazardous substances, pollutants or contaminants, it
reasonably appears to the county administrator that any potentially responsible parties or their
insurance companies are unwilling or unable to pay the cost of the county's response and that
reimbursement or a grant from the State of Florida is unlikely, the county administrator is
authorized to file an application with the EPA pursuant to 42 USCA 9623 and 40 CFR 310 for
reimbursement of those costs allowed under the statute and rule. The application shall be filed not
later than one (1) year after the date of the completion of the county's emergency response.
       (b)     If subsequent to the county's receipt of reimbursement from the EPA, the county
obtains a recovery for the temporary emergency response costs from a potentially responsible
party, an insurance company, the State of Florida, or other source, the county administrator is
authorized to direct the clerk to refund the amount of the EPA reimbursement to that agency.
       (c)    if the county receives EPA reimbursement for the temporary emergency response,
the County Administrator and clerk are directed to retain all county records pertaining to that
reimbursement for a period of ten (10) years from the date of the receipt of the reimbursement.
Upon the expiration of the ten (10) years, the records shall not be disposed of until the EPA is
contacted pursuant to federal law.
       (d)    Federal law only allows for one application for reimbursement regardless of the
number of local governments which incurred costs in the temporary emergency response release of
hazardous substances, pollutants or contaminants. Therefore, if the county and another local
government (e.g. the City of Key West) join in a temporary emergency response, the county
administrator is authorized to represent the county in any negotiation with the other local
government(s) with regard to which entity shall file the EPA application and the equitable division
of any reimbursement received from the EPA. The County Commission shall, however, approve
any agreement reached by the county administrator before such shall become binding on the
county.

11
     Legal Analysis: 1979 Code § 8-113. Same—Authority to seek reimbursement for costs incurred
         from hazardous release. Deleted the reference to Key West as there are other municipalities
         in the county.
                                                                       Page 34 of 34

(Code 1979, § 8-113; Ord. No. 14-1994, § 3; Ord. No. 022-2004, § 20)

				
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