§ 50.03. Mandatory collection of solid waste.

(a)

Residential property. During the term of any service contract authorized by section 50.13, all solid waste (other than 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) generated from residential property located within the solid waste services assessment area shall be collected by an approved contractor pursuant to the service contract. The owners of all such residential property will be responsible for the use of such service by all occupants of the property and shall be responsible for the payment of all charges in accordance with the applicable service contract including charges related to the availability of collection services for recyclable materials. Charges for such beneficial services include the cost of collection, disposal, and administration, including the payment of any delinquent amounts owed, and may be collected pursuant to any method authorized by law including the imposition of fees at the time of issuance of any permit or certificate of occupancy, collection by the contractor, or as a non-ad valorem assessment pursuant to the provisions of Florida Statutes § 197.3632. In the event the city elects to collect the charges pursuant to the provisions of Florida Statutes § 197.3632, the adoption of the final assessment resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of a special benefit and fair apportionment to the property; the method of apportionment and assessment; the initial rate of assessment; the maximum assessment rate, if any; the initial assessment roll; and the levy and lien of the solid waste assessments) unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within thirty (30) days from the date of city council action on the final assessment resolution.

(b)

Commercial property. During the term of any service contract authorized pursuant to section 50.13, all solid waste (other than 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) generated from commercial property as defined herein shall be collected by the approved contractor. The owners of all such commercial property will be responsible for the use of such service by all occupants of the property and shall be responsible for the payment of service charges in accordance with the applicable service contract including fees related to the availability of collection services for recyclable materials.

(Ord. 02-79, passed 7-22-02; Am. Ord. 07-79, § 4, 6-25-07)