ORDINANCE NO. 529 AN ORDINANCE RELATING TO SOLID WASTE IN THE UNINCORPO- RATED AREAS OF MARTIN COUNTY; PROVIDING FOR REPEAL OF ALL PORTIONS OF THE EXISTING GARBAGE AND TRASH ORDI- NANCE IN MARTIN COUNTY; PROVIDING FOR DEFINITIONS AND FINDINGS; PROVIDING FOR RESIDENTIAL SOLID WASTE COLLEC- TION AND RECYCLING SERVICES PROVIDING A SPECIAL BENEFIT TO LOCAL AREAS WITHIN MARTIN COUNTY; PROVIDING FOR THE CREATION OF MUNICIPAL SERVICE BENEFIT UNITS; AUTHORIZING THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND THE COST OF RESIDENTIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES PROVIDING A SPECIAL BENEFIT TO LOCAL AREAS WITHIN MARTIN COUNTY; ESTABLISHING PROCEDURES FOR NOTICE AND ADOPTION OF ASSESSMENT ROLLS AND FOR CORRECTION OF ERRORS AND OMISSIONS; PROVIDING THAT ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLLS; ESTABLISHING PROCEDURES AND METHODS FOR COLLECTION OF ASSESS- MENTS; PROVIDING FOR INTERIM RESIDENTIAL SERVICE CHARGES; PROVIDING FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE; PROVIDING FOR COMMERCIAL COLLECTION SERVICES; PROVIDING EXCEPTIONS TO COM- MERCIAL COLLECTION; PROVIDING FOR COMMERCIAL CONTAIN- ERS REQUIRED AT CONSTRUCTION SITES; PROVIDING FOR FRANCHISES; PROVIDING FOR FRANCHISE REQUIREMENTS; PROVIDING FOR APPROVAL, ISSUANCE AND TERMS AND CONDI- TIONS OF FRANCHISES; PROVIDING FOR MAXIMUM COLLECTION FEES; PROVIDING FOR FRANCHISE FEES; PROVIDING FOR BONDS AND INSURANCE; PROVIDING FOR VOIDANCE OF FRANCHISE AND FRANCHISE VIOLATIONS; PROVIDING FOR APPROVAL OF SOLID WASTE MANAGEMENT FACILITIES; PROVIDING FOR SOLID WASTE MANAGEMENT FACILITIES FEES; PROVIDING FOR PROHIBITION OF UNSANITARY NUISANCES, DUMPING AND SCAVENGING; PROVID- ING FOR VIOLATIONS OF PROHIBITED DISPOSAL ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA:
ARTICLE I INTRODUCTION SECTION 1.01. DEFINITIONS. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise: "Assessment" means a non-ad valorem special assessment imposed by the County pursuant to this Ordinance to fund the Residential Services. "Assessment Roll" means the non-ad valorem special assessment roll relating to the Residential Service(s), approved by a Final Assessment Resolution pursuant to Section 3.06 hereof. "Board" means the Board of County Commissioners of Martin County, Florida. "Certificate of Occupancy" means the written certification issued by the County in compliance with the Martin County Code of Laws and Ordinances, or by any municipality within Martin County in accordance with its applicable laws, that a Single Family Dwelling Unit is ready for human occupancy and its intended use. "Clean Debris" means any solid waste which is virtually inert and which is not a pollution threat to groundwater or surface waters, and is not a fire hazard, and which is likely to retain its physical and chemical structure under expected conditions of disposal or use. "Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, or any other individual as may be duly authorized to act on the Clerk s behalf. "Closure" means the cessation of operation of a Solid Waste Management Facility and the act of securing such a facility so that it will pose no significant threat to human health or the environment. "Commercial Collection Service" means the collection of Commercial Solid Waste. "Commercial Container" means: (i) a Garbage Receptacle or (ii) any container which: (a) consists of four permanently attached sides and a bottom; (b) is made of metal, durable plastic or other non-absorbent material; (c) is designed to be freestanding; (d) is to be emptied and transported by mechanical means; and (e) is used to collect or store Commercial Solid Waste or Construction and Demolition Debris. Commercial Containers include but are not limited to dumpsters, compactor units, and roll-on/roll-off containers. "Commercial Property" means all of the improved property located in the unincorporated areas of the County that is used for: a) Multi-Family Dwelling Units; or b) commercial, nonresidential, governmental or industrial purposes. "Commercial Solid Waste" means all types of Solid Waste generated on Commercial Property, including but not limited to Solid Waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, but excluding
Special Wastes, Industrial Solid Waste and Hazardous Waste. "Commercial Trailer Park" means any improved real property divided into spaces for the erection and maintenance of mobile or modular homes or trailers in which the individual spaces are not individually owned. "Construction and Demolition Debris" means: (a) discarded materials generally considered to be not water-soluble and nonhazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt 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; (b) clean cardboard, paper, plastic, wood, and metal scraps from a construction project.; (c) Non-Construction and Demolition Debris Wood Scraps; and (d) De Minimis Amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the industry. 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. "County" means Martin County, Florida. "County Administrator" means the chief executive officer of the County, or that individual s designee. "Curbside Collection Point" means the location where the Franchisee shall pick up the Solid Waste, Yard Trash and Recyclable Materials discarded by a Customer at a Single Family Dwelling Unit or Multi-Family Dwelling Unit. For a Single Family Dwelling Unit, the Curbside Collection Point is a place within six (6) feet of the curb, the paved surface of a public roadway, or the closest accessible public right-of-way, or other location agreed to by the Franchisee which will provide safe and efficient access for the collection crew and vehicle. If the resident of a Single Family Dwelling Unit is physically unable to deliver the Solid Waste, Yard Trash or Recyclable Materials to the Curbside Collection Point, or the residential structure is not readily accessible to the collection crew or vehicle, an alternative location may be designated by the Customer and Franchisee, at no extra cost to the Customer. For Multi-Family Dwelling Units, the Curbside Collection Point is the location or locations designated by the Franchisee, in consultation with the Customer, which will maximize the Franchisee s economy when collecting Solid Waste, Yard Trash and Recyclable Materials, while also considering public health and the Customer s convenience. "Customer" means any Person owning a Single Family Dwelling Unit located within the MSBU or Commercial Property that is within a Franchisee s service area, and all other Persons subscribing to the Solid Waste and Recyclable Materials collection service provided by a Franchisee under the terms of a Franchise Agreement and this Ordinance. "De Minimis Amount" shall mean that: (a) with regard to a container of Recovered Materials, no more than three (3) percent of the material in the container consists of Solid Waste; and (b) with regard to a container of Construction and Demolition Debris, no more than three (3) percent of the material in the container
consists of Solid Wastes other than Construction and Demolition Debris. The three (3) percent limitation applies to both the volume and weight of the Solid Waste, as determined by visual inspections or actual measurements. If the contents of a container exceed the three (3) percent limitation, all of the contents of the container shall be handled and regulated as Solid Waste. "Department" means the State of Florida Department of Environmental Protection. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any Solid Waste or Hazardous Waste into or upon any land or water so that such Solid Waste or Hazardous Waste or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including groundwaters, or otherwise enter the environment. "Final Assessment Resolution" means the resolution described in Section 3.06 hereof, which shall confirm, modify or repeal the Initial Assessment Resolution and which shall be the final proceeding for the imposition of an Assessment. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. "Franchise" means the exclusive and/or nonexclusive contractual rights granted under this Ordinance by the Board to collect, transport, process, and dispose of Solid Waste and/or Recyclable Materials generated or accumulated in the unincorporated areas of the County. "Franchise Agreement" means the written agreement between the Franchisee and the Board establishing the terms and conditions under which the County grants a Franchise. "Franchisee" means any Person granted a Franchise by the Board for the right to collect, transport, process, and dispose of Solid Waste and/or Recyclable Materials generated or accumulated in unincorporated areas of the County. "Garbage" means all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. "Garbage Receptacle" means any commonly available light gauge steel, galvanized metal, or plastic receptacle of a non-absorbent material, not to exceed 32 gallons in capacity, which is closed at one end, open at the other end and is furnished with a tightly fitting lid and handles by which it may be lifted. "Generation" means the act or process of producing Solid Waste or Hazardous Waste. "Government Property" means real estate and other real property owned by the United States of America, the State of Florida, a county, a special district, a municipal corporation, or any of their respective agencies or political subdivisions. "Hazardous Waste" means 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 Chapter 470, Florida Statutes. "Household Waste" means any Solid Waste, including garbage, trash, and sanitary waste in septic tanks, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. "Industrial Solid Waste" means Solid Waste generated by manufacturing or industrial processes that is not a Hazardous Waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products or by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing or foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste. "Initial Assessment Resolution" means the resolution described in Section 3.02 of this Ordinance, which shall be the initial proceeding for the imposition of an Assessment. "Interim Residential Services Charge" means the charge imposed by the County pursuant to Section 3.12 of this Ordinance. "Materials Recovery Facility" means a Solid Waste Management Facility that provides for the extraction from Solid Waste of Recyclable Materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. "Multi-Family Dwelling Unit" means a unit in a building with more than three and less than ten dwelling units located under one roof that is not a hotel or motel. This also includes mobile or modular homes located in a Commercial Trailer Park or a combination of single-family and multi-family dwelling units when such combination is governed by covenants that bind the units to certain mutual obligations which are typically enforced through a homeowners or property owners association. "Municipal Service Benefit Unit" or "MSBU" means any of the municipal service benefit units created by resolution of the Board pursuant to Section 2.01 hereof, that specially benefit from the Residential Services. "Non-Construction and Demolition Debris Wood Scraps" means unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated wood pallets provided the wood scraps and pallets are separated from other Solid Waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other Solid Waste. "Operation," with respect to any Solid Waste Management Facility, means the disposal, storage, or processing of Solid Waste at and by the facility. "Ordinance" means this Solid Waste Ordinance. "Person" means any and all Persons, natural or artificial, including any individual, firm, partnership, or association; any social club, fraternal organization, estate, trust, receiver or syndicate; any municipal or private corporation, however
organized, existing under the laws of Florida or any other state; any municipality, district or county of this state or any other state; any governmental agency or political subdivision of any state or the federal government; and any group or combination of the above acting as a unit. "Processing" means any technique designed to change the physical, chemical, or biological character or composition of any Solid Waste so as to render it safe for transport, amenable to recovery, storage or recycling, or safe for Disposal, or reduced in volume or concentration. "Property Appraiser" means the Martin County Property Appraiser. "Recovered Material" means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the Solid Waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. Recovered Material does not include any material or substance that does not fit within one of the six categories described in this definition (metal, paper, glass, plastic, textile, or rubber). "Recovered Materials Processing Facility" means a facility engaged solely in the storage, processing, resale, or reuse of Recovered Materials. A Recovered Materials Processing Facility is not a Solid Waste Management Facility if it meets the conditions of Section 403.7045(1)(f), Florida Statutes. "Recyclable Materials" means those materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. "Recycling" means any process by which Solid Waste, or materials which would otherwise become Solid Waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. "Recycling Container" means a receptacle for the collection and temporary storage of Recyclable Materials. "Residential Collection Service" means the service of collection and disposal of residential Solid Waste from all Single Family Dwelling Units that are located within a respective MSBU that is funded by the Assessment. Residential Collection Service does not include service to mobile or modular homes located in Commercial Trailer Parks, nor Multi-Family Dwelling Units receiving Commercial Collection Service. "Residential Curbside Recyclable Material Collection Service" means the service of collection, transportation, and delivery of Recyclable Materials to the designated Materials Recovery Facility from Single Family Dwelling Units that are located within a respective MSBU area that is funded by the Assessment. "Residential Services" means the Residential Collection Service, Residential Curbside Recyclable Material Collection Service, and Residential Yard Trash Collection Service provided by the County year round at the Curbside Collection Point for the special benefit of the Single Family Dwelling Units in the respective MSBUs in the unincorporated area of the County and funded by the Assessment. "Residential Yard Trash Collection Service" means the service of collection and disposal of residential Yard Trash from Single Family Dwelling Units located within a respective MSBU area that is funded by the Assessment. This term does not include
service to mobile homes located in Commercial Trailer Parks, nor Multi-Family Dwelling Units receiving Commercial Collection Service. "Resolution of Intent" means the resolution expressing the Board s intent to collect Assessments on the ad valorem tax bill required by the Uniform Assessment Collection Act. "Resource Recovery" means the process of recovering materials or energy from Solid Waste, excluding those materials or Solid Waste under control of the Nuclear Regulatory Commission. "Resource Recovery Equipment" means equipment or machinery exclusively and integrally used in the actual process of recovering material or energy resources from Solid Waste. "Service Cost" means all of the costs associated with providing the Residential Services, including the costs associated with collecting the Assessment pursuant to the Uniform Assessment Collection Act, and any other costs or expenses related hereto. "Single Family Dwelling Unit" means: (a) any single family, duplex, or triplex dwelling unit with kitchen facilities for each unit located within a respective MSBU, including mobile or modular homes or trailers that have residential permanent license tags and are erected on a separate parcel of property, and are not included within the definition of a Commercial Trailer Park; and (b) the related single family parcel control numbers of such properties that receive Residential Collection Service, Residential Curbside Recyclable Material Collection Service, and Residential Yard Trash Collection Service. "Sludge" 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" 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. "Solid Waste Collection Business" means any Person engaged in the collection, removal, transport or disposal of Solid Waste for profit. This definition shall not include any Person engaged in the activities set forth in Section 5.03 of this Ordinance. "Solid Waste Disposal Facility" means any Solid Waste Management Facility which is the final resting place for Solid Waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal Solid Waste. "Solid Waste Disposal Fee" means the fee that may be imposed by the County pursuant to Section 7.02 of this Ordinance. "Solid Waste Management" means the process by which Solid Waste is collected, transported, stored, separated, processed, or disposed of in any other way, according to an orderly, purposeful, and planned program which includes closure and long-term maintenance.
"Solid Waste Management Facility" means any Solid Waste disposal area, volume reduction plant, Transfer Station, Materials Recovery Facility, or other facility, the purpose of which is resource recovery or the disposal, recycling, processing, or storage of Solid Waste. The term does not include Recovered Materials Processing Facilities which meet the requirements of Section 403.7045(1)(f), Florida Statutes, except the portion of such facilities, if any, that is used for the management of Solid Waste. "Source Separated" means the Recovered Materials are separated from Solid Waste where the Recovered Materials and Solid Waste are generated. The term does not require that various types of Recovered Materials be separated from each other and recognizes De Minimis Amounts of Solid Waste, in accordance with industry standards and practices, may be included in the Recovered Materials. "Special 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, Non-- Construction and Demolition Debris Wood Scraps, and biological wastes. "Tax Collector" means the Martin County Tax Collector. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Transfer Station" means a site or Solid Waste Management Facility that is used primarily or exclusively to process, store or hold Solid Waste for transport to another site or facility for processing or disposal. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of nonad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "Unsanitary Nuisance" means the commission of any act or the giving of permission for the commission of any act of keeping, maintaining, propagating or permitting the existence of any Solid Waste or Hazardous Waste on any property by any Person in a manner by which human health, safety or welfare may be threatened or impaired. The creation, maintenance or causing of any conditions capable of harboring, attracting or breeding flies, mosquitoes, other arthropods, rodents or vectors capable of physical harm or transmitting diseases to humans shall be considered an Unsanitary Nuisance. "Volume Reduction Plant" means an incinerator, pulverizer, compactor, shredding and baling plant, composting plant, or other plant which accepts and processes Solid Waste for Recycling or Disposal. "Waste Tire" means a tire that has been removed from a motor vehicle and has not been retreaded or regrooved. Waste Tire includes used tires and processed tires. "White Goods" means inoperative and discarded refrigerators, ranges, washers, water heaters, freezers, and other similar domestic and commercial large appliances. "Yard Trash" means vegetative matter resulting from landscaping, maintenance and land clearing operations. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number and
vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Ordinance. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) Article VIII, Section 1 of the Florida Constitution and Sections 125.01 and 125.66, Florida Statutes, grant to the Board all powers of local self-government to perform County functions and to render services for County purposes in a manner not inconsistent with general or special law, and such power may be exercised by the enactment of County ordinances. (B) In addition to its powers of self-government, the Board is authorized by Sections 125.01(1)(q) and (r), Florida Statutes, to establish municipal service benefit units for all or any part of the unincorporated area within the County, or within the municipal boundaries of an incorporated area upon consent of the governing body of the affected municipality, to provide "garbage and trash collection and disposal" services, including Recycling, from funds derived from special assessments levied with such municipal service benefit units. (C) Pursuant to Section 403.706 (1), Florida Statutes, the County has the primary responsibility and authority to provide for the operation of Solid Waste Disposal Facilities to meet the needs of all incorporated and unincorporated areas within the County. (D) All Single Family Dwelling Units within the unincorporated areas of the County generate or are capable of generating Solid Waste. (E) The imposition of an Assessment upon Single Family Dwelling Units is a fair, equitable and reasonable method of allocating and apportioning the Service Costs among parcels of improved residential property within the unincorporated areas of the County. (F) The Assessments imposed pursuant to this Ordinance will be imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Ordinance shall be construed solely as ministerial. (G) The franchise requirements and other standards created by this Ordinance are necessary and appropriate to protect the public health, safety and welfare, and to ensure that the solid waste generated by Martin County is processed in a safe and responsible manner. ARTICLE II MUNICIPAL SERVICE BENEFIT UNITS SECTION 2.01. CREATION OF MUNICIPAL SERVICE BENEFIT UNITS. The Board is hereby authorized to create one or more MSBUs in accordance with the procedures set forth herein to include property located within the unincorporated area of the County and such property situated within a municipality as to which consent is received by such municipality as provided in Section 125.01 (1) (q), Florida Statutes. Each MSBU shall encompass only that property specially benefited by the Residential Services proposed for funding from the proceeds of Assessments to be
imposed therein and each such MSBU shall have boundaries coterminous with the boundaries set forth in the Franchise Agreement known as "Solid Waste and Recyclable Material Collection Services Franchise Agreement" entered into by Martin County from time to time with one or more Franchisees. Either the Initial Assessment Resolution proposing each MSBU or the Final Assessment Resolution creating each MSBU shall include brief descriptions of each proposed Residential Service, a description of the property to be included within the MSBU, and specific legislative findings that recognize the special benefit to be provided by each proposed Residential Service to property within the MSBU. SECTION 2.02. CONTINUATION OF MSBU. After the creation of each MSBU as set forth in Section 2.01 of this Ordinance, the Initial Assessment Resolution and Final Assessment Resolution for each succeeding year need not create another MSBU, or change the existing MSBU unless another MSBU must be created or one or more of the existing MSBUs must be changed. ARTICLE III ASSESSMENTS SECTION 3.01. AUTHORITY. The Board is hereby authorized to impose Assessments against property located within an MSBU to fund the Service Cost of the Residential Services. The Assessment shall be computed in a manner that fairly and reasonably apportions the Service Cost among the parcels of property within the MSBU, based upon Single Family Dwelling Units. SECTION 3.02. INITIAL ASSESSMENT RESOLUTION. The initial proceeding for creation of an MSBU, where applicable, and imposition of an Assessment shall be the Board s adoption of an Initial Assessment Resolution. The Initial Assessment Resolution shall: (A) describe the property located within the proposed MSBU; (B) describe the Residential Services to be funded from proceeds of the Assessments; (C) estimate the Service Cost; (D) describe with particularity the proposed method of apportioning the Service Cost among the Single Family Dwelling Units located within the proposed MSBU, such that the owner of any Single Family Dwelling Unit can objectively determine the amount of the Assessment; (E) describe the provisions, if any, for reallocating the Assessment upon future subdivision; and (F) include specific legislative findings that recognize the fairness provided by the apportionment methodology. SECTION 3.03. ASSESSMENT ROLL. (A) The County Administrator shall prepare a preliminary Assessment Roll that contains the following information: (1) a summary description of each parcel of property (conforming to the description contained on the Tax Roll) subject to the Assessment; (2) the name of the owner of record of each parcel, as shown on the Tax Roll; (3) the amount of the Assessment to be imposed against each such parcel of property. (B) Copies of the Initial Assessment Resolution and the preliminary Assessment Roll shall be on file in the office of the County Administrator and open to public
inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each parcel of property can be determined by use of a computer terminal available to the public. SECTION 3.04. NOTICE BY PUBLICATION. After filing the Assessment Roll in the office of the County Administrator, as required by Section 3.03(B) hereof, the County Administrator shall publish once in a newspaper of general circulation within the County a notice stating that a public hearing of the Board will be held on a certain day and hour, not earlier than 20 calendar days from such publication, at which hearing the Board will receive written comments and hear testimony from all interested Persons regarding creation of the MSBU if applicable and adoption of the Final Assessment Resolution. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. SECTION 3.05. NOTICE BY MAIL. In addition to the published notice required by Section 3.04, the County Administrator shall provide notice of the proposed Assessment by first class mail to the owner of each parcel of property subject to the Assessment. The mailed notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least 20 calendar days prior to the hearing to each property owner at such address as is shown on the Tax Roll on the twentieth calendar day prior to the date of mailing. Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The County Administrator may provide proof of such notice by affidavit. Failure of the owner to receive such notice due to mistake or inadvertence shall not affect the validity of the Assessment Roll nor release or discharge any obligation for the payment of an Assessment imposed by the Board pursuant to this Ordinance. SECTION 3.06. ADOPTION OF FINAL ASSESSMENT RESOLU- TION. At the time named in such notice, or such time to which an adjournment or continuance may be taken, the Board shall receive written objections and hear testimony of interested Persons and may then, or at any subsequent meeting of the Board, adopt the Final Assessment Resolution which shall: (A) create the MSBU, where applicable; (B) confirm, modify or repeal the Initial Assessment Resolution with such amendments, if any, as may be deemed appropriate by the Board; (C) establish the maximum amount of the Assessment for each Single Family Dwelling Unit; (D) approve the Assessment Roll, with such amendments as it deems just and right; and (E) determine the method of collection. SECTION 3.07.... EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption of the Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the apportionment methodology, the rate of assessment, the adoption of the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board adoption of the Final Assessment Resolution. The Assessment Roll, as approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, or such other official as the Board, by resolution, deems appropriate. SECTION 3.08. LIEN OF ASSESSMENTS. (A) Upon adoption of the Final Assessment Resolution for each Fiscal Year, Assessments to be collected under the Uniform Assessment Collection Act shall
constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected upon adoption by the Board of the Final Assessment Resolution and shall attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes. (B) Upon adoption of the Final Assessment Resolution, Assessments to be collected under the alternative method of collection provided in Section 4.02 hereof shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected on the date notice thereof is recorded in the Official Records of Martin County, Florida. SECTION 3.09. REVISIONS TO ASSESSMENTS. If any Assessment made under the provisions of this Ordinance is either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the Board is satisfied that any such Assessment is so irregular or defective that the same cannot be enforced or collected, or if the Board has failed to include any property on the Assessment Roll which property should have been so included, the Board may take all necessary steps to impose a new Assessment against any property benefited by the Residential Service following as nearly as may be practicable, the provisions of this Ordinance and in case such second Assessment is annulled, the Board may obtain and impose other Assessments until a valid Assessment is imposed. SECTION 3.10. PROCEDURAL IRREGULARITIES. Any irregularity in the proceedings in connection with the levy of any Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Assessment as finally approved shall be competent and sufficient evidence that such Assessment was duly levied, that the Assessment was duly made and adopted, and that all other proceedings adequate to such Assessment were duly had, taken and performed as required by this Ordinance; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Notwithstanding the provisions of this Section 3.10, any party objecting to an Assessment imposed pursuant to this Ordinance must file an objection with a court of competent jurisdiction within the time periods prescribed herein. SECTION 3.11. CORRECTION OF ERRORS AND OMISSIONS. (A) No act of error or omission on the part of the Board, County Administrator, Property Appraiser, Tax Collector, Clerk, or their respective deputies or employees, shall operate to release or discharge any obligation for payment of any Assessment imposed by the Board under the provisions of this Ordinance. (B) The number of Single Family Dwelling Units attributed to a parcel of property may be corrected at any time by the County Administrator. Any such correction which reduces an Assessment shall be considered valid from the date on which the Assessment was imposed and shall in no way affect the enforcement of the Assessment imposed under the provisions of this Ordinance. Any such correction which increases an Assessment or imposes an assessment on omitted property shall first require notice to the affected owner in the manner described in Section 3.05 hereof,
providing the date, time and place that the Board will consider confirming the correction and offering the owner an opportunity to be heard. (C) After the Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications or corrections thereto shall be made in accordance with the procedures applicable to errors and insolvencies for ad valorem taxes. SECTION 3.12. INTERIM RESIDENTIAL SERVICES CHARGE.... (A) An Interim Residential Services Charge shall be imposed against the owners of all Single Family Dwelling Units for which Certificates of Occupancy are issued by the County after the date of adoption of the Final Assessment Resolution in any Fiscal Year. Until an Assessment is levied against such Single Family Dwelling Unit in accordance with the procedures set forth in Sections 3.01-3.11 of this Ordinance, the amount of the Interim Residential Services Charge shall be a pro-rata portion of the Assessment set forth in the Final Assessment Resolution for the MSBU in which the Single Family Dwelling Unit is located. (B) The Interim Residential Services Charge shall be due and payable in full to the County at the time when the Single Family Dwelling Unit receives a Certificate of Occupancy. The Interim Residential Services Charge collected by the County shall be paid to the respective Franchisee in accordance with the respective Franchise Agreement. ARTICLE IV COLLECTION OF ASSESSMENTS SECTION 4.01. METHOD OF COLLECTION. Unless directed otherwise by the Board, Assessments (other than Assessments imposed against Government Property) shall be collected pursuant to the Uniform Assessment Collection Act, and the County shall comply with all applicable provisions thereof, including but not limited to (1) entering into a written agreement with the Property Appraiser and the Tax Collector for reimbursement of necessary expenses, and (2) adopting a Resolution of Intent after publishing weekly notice of such intent for four consecutive weeks preceding the hearing. The Resolution of Intent may be adopted either prior to or following the Initial Assessment Resolution; provided however, that the Resolution of Intent must be adopted prior to January 1 (or March 1 with consent of the Property Appraiser and Tax Collector) of the year in which the Assessments are first collected on the ad valorem tax bill. Any hearing or notice required by this Ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act. SECTION 4.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using the Uniform Assessment Collection Act, the County may elect to collect the Assessment by any other method which is authorized by law or provided by this Section 4.02 as follows: (A) The County shall provide Assessment bills by first class mail to the owner of each affected parcel of property, other than Government Property. The bill or accompanying explanatory material shall include: (1) a brief explanation of the Assessment, (2) a description of the calculation of the amount of the Assessment as applied to each Single Family Dwelling Unit,
(3) the number of Single Family Dwelling Units attributable to the parcel, (4) the total amount of the parcel s Assessment for the appropriate period, (5) the location at which payment will be accepted, (6) the date on which the Assessment is due, and (7) a statement that the Assessment constitutes a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. (B) A general notice of the lien resulting from imposition of the Assessments shall be recorded in the Official Records of Martin County, Florida. Nothing herein shall be construed to require that individual liens or releases be filed in the Official Records. (C) The County shall have the right to appoint or retain an agent to foreclose and collect all delinquent Assessments in the manner provided by law. An Assessment shall become delinquent if it is not paid within 30 days from the due date. The County or its agent shall notify any property owner who is delinquent in payment of an Assessment within 60 days from the date such Assessment was due. Such notice shall state in effect that the County or its agent will initiate a foreclosure action and cause the foreclosure of such property subject to a delinquent Assessment in a method now or hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as provided by law. (D) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any foreclosure action as described herein shall be included in any judgment or decree rendered therein. At the sale pursuant to decree in any such action, the County may be the purchaser to the same extent as an individual Person or corporation. The County may join in one foreclosure action the collection of Assessments against any or all property assessed in accordance with the provisions hereof. All delinquent property owners whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the County and its agents, including reasonable attorney fees, in collection of such delinquent Assessments and any other costs incurred by the County as a result of such delinquent Assessments including, but not limited to, costs paid for draws on a credit facility and the same shall be collectible as a part of or in addition to, the costs of the action. (E) In lieu of foreclosure, any delinquent Assessment and the costs, fees and expenses attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act; provided however, that (1) notice is provided to the owner in the manner required by law and this Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent Assessment is supplanted by the lien resulting from certification of the Assessment Roll to the Tax Collector. SECTION 4.03. RESPONSIBILITY FOR ENFORCEMENT. The County and its agents, if any, shall maintain the duty to enforce the prompt collection of Assessments by the means provided herein. ARTICLE V COLLECTION AND DISPOSAL
SECTION 5.01. RESIDENTIAL SERVICES. (A) Generally. All Residential Services in the unincorporated areas of the County shall be provided by one (1) or more Franchisees selected by the Board in accordance with this Ordinance or pursuant to the terms of the Ordinance in effect at the time such Franchise was granted. (B) Responsibilities of Customers Receiving Residential Services. Except as provided in Subsection 5.01(C) of this Ordinance, all owners and/or occupants of Single Family Dwelling Units shall: (1) Obtain and use Garbage Receptacle(s) that are adequate to contain all of the Solid Waste that they generate or accumulate in, at, or on their Single Family Dwelling Unit, and promptly place all of the Solid Waste they generate or accumulate in, at, or on their Single Family Dwelling Unit into appropriate Garbage Receptacle(s). This requirement does not apply to Special Waste. Plastic bags of heavy mil construction which can be safely and securely sealed may be used in lieu of a Garbage Receptacle by the owners and/or occupants of Single Family Dwelling Units. (2) Place the Garbage Receptacle(s) at the Curbside Collection Point no earlier than 4:00 P.M. on the day preceding the designated collection day and remove the Garbage Receptacle(s) from the Curbside Collection Point within 36 hours after the Customer s Solid Waste has been removed by the Franchisee. (3) Ensure that no Garbage Receptacle and its contents exceed fifty (50) pounds in weight. (4) Place all Recyclable Materials in Recycling Container(s) provided by the County or Franchisee for collection by the Franchisee. (5) Place the Recycling Container(s) at the Curbside Collection Point no earlier than 4:00 P.M. on the day preceding the designated collection day and remove the Recycling Container(s) from the Curbside Collection Point within 36 hours after the Customer s Recyclable Materials have been removed by the Franchisee. (6) Take all appropriate steps to ensure the safe, prompt, and lawful disposal of any Solid Waste that is generated, accumulated or placed in, at, or on their Single Family Dwelling Unit. (C) Self Hauling. The owner or occupant of a Single Family Dwelling Unit may transport the Solid Waste that he or she generates in, at, or on his or her own Single Family Dwelling Unit, to a Solid Waste Management Facility for processing or disposal. SECTION 5.02. COMMERCIAL COLLECTION SERVICE. (A) Generally. All Commercial Collection Service in the unincorporated areas of the County shall be provided by one (1) or more Franchisees selected by the Board in accordance with this Ordinance or pursuant to the terms of the Ordinance in effect at the time such Franchise was granted. With the exception of the activities set forth in Section 5.03 of this Ordinance, the collection, transportation, and Disposal of Commercial Solid Waste by any Person other than a Franchisee is prohibited.
(B) Payment for Commercial Collection Service. Except as provided in Section 5.03 of this Ordinance, each owner or occupant of Commercial Property shall enter into an agreement with a Franchisee for the collection and disposal of the Commercial Solid Waste that Person generates. The Franchisee shall be solely responsible for the billing and collection of payments for Commercial Collection Service. If the owner or occupant of a Commercial Property fails to make payments to the Franchisee for the Commercial Collection Service, the Franchisee may collect any such delinquent payment by any legal process available to the Franchisee. (C) Responsibilities of Commercial Customer. All owners and/or occupants of Commercial Property shall obtain and use Commercial Container(s) that are adequate to contain all of the Commercial Solid Waste and Recovered Materials that they generate or accumulate on the Commercial Property. The County may prohibit the use of any Commercial Container that is unsuitable or undersized. Except as provided in Section 5.03 of this Ordinance, owners and occupants of Commercial Property shall place all of their Commercial Solid Waste in a Commercial Container. Owners and occupants of a Commercial Property shall not maintain or permit an Unsanitary Nuisance on the Commercial Property. Commercial Solid Waste shall not be transported from the Commercial Property where it is or was generated to a Single Family Dwelling Unit or Multi-Family Dwelling Unit. SECTION 5.03 COMMERCIAL COLLECTION EXCEPTIONS (A) Self-Hauling. A franchise is not required to engage in the limited selfhauling activities described in subsections (A)(1) - (3), below; however, these limited exemptions do not relieve any Person of their obligation to comply with all of the other applicable provisions of this Ordinance. Section 5.03 of this Ordinance does not authorize the collection, conveyance or disposal of Solid Waste by any Person providing collection, conveyance or disposal services as a subcontractor or engaging in the Solid Waste Collection Business, unless the Person has obtained a Franchise pursuant to Article VI of this Ordinance. Nothing in this Ordinance shall be construed to authorize the collection, conveyance or disposal of Solid Waste by any Person providing collection, conveyance or disposal services with a Commercial Container or engaging in the Solid Waste Collection Business unless the Person has obtained an appropriate Franchise pursuant to Article VI of this Ordinance. (1) Any Person that has received a building permit from Martin County to construct or repair roofs may collect and convey the asphalt shingles, roofing tiles, and similar roofing waste materials generated by their own roofing activities to a Solid Waste Management Facility for processing or disposal. (2) Any Person engaged in land clearing, landscaping or lawn maintenance activities may collect and convey the Yard Trash generated by their own activities to a Solid Waste Management Facility for processing or disposal. (3) Any Person that has received a building permit from Martin County to perform a renovation or remodeling project on a Single Family Dwelling Unit or a Multi Family Dwelling Unit where the contract value for the renovation or remodeling is less than or equal to $25,000 may collect and convey the Solid Waste generated by those renovation or remodeling activities to a Solid Waste Management Facility for processing or disposal.