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Home My WebLink AboutOrdinance 2007-13 Chapter 19 Amendment Solid Waste Services and Rates ~ ORDINANCE NO. 2007-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 19, UTILITIES, OF THE WINTER SPRINGS CODE OF ORDINANCES RELATED TO SOLID WASTE SERVICES AND RATES; PROVIDING THAT ANY UNPAID SOLID WASTE FEES SHALL BE A LIEN UPON PROPERTY TO WHICH FEES ARE ASSOCIATED UNTIL PAID; PROVIDING OTHER MISCELLANEOUS PROVISIONS REGARDING THE COLLECTION OF SOLID WASTE FEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under S 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City charges its residents fees for the collection of solid waste for properties located within the City of Winter Springs; and WHEREAS, because, from time to time, certain residents fail to pay such solid waste fees, the City desires to implement an enforcement mechanism within its Code of Ordinances to assist the City in collecting these delinquent solid waste fees; and WHEREAS, the City has created and operates a solid waste special revenue fund pursuant to section 403.7049(2)(b), Florida Statutes; and WHEREAS, unpaid solid waste fees jeopardize the solvency of the solid waste special revenue fund and the City's ability to provide efficient and cost-effective solid waste services throughout the City; and WHEREAS, the City has the authority to impose liens on property for nonpayment of solid waste collection fees; Stone v. Town of Mexico Beach, 348 So. 2d 40 (Fla. 3d DCA 1977); Stein v. City of Miami Beach, 250 So. 2d 289 (Fla. 3d DCA 1971); and WHEREAS, the City desires to lien real property for solid waste fees that remain unpaid for a period of ninety (90) days; and City of Winter Springs Ordinance No. 2007-13 Page 1 of 4 ... WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests ofthe public health, safety, and welfare ofthe citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 19, Utilities, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing in Chapter 19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 19. UTILITIES ARTICLE I. IN GENERAL. SOLID WASTE. *** Sec. 19-2. Solid waste services: rates: penalties and enforcement for nonpayment. U!l All property owners shall be required to utilize the solid waste services provided by the city in accordance with any applicable solid waste franchise awarded by the city and in accordance with other applicable law. Dll Solid waste services shall be subiect to rates established by resolution adopted by the city commission. Solid waste fees shall become due and payable in accordance with any applicable franchise agreement and as provided by the rules and regulations established by the city manager pertaining to the collection of utility fees. @ All solid waste fees assessed pursuant to this section shall be a lien upon the property to which such fees are associated from the date said fees become due until such fees are paid. The city manager is authorized to record evidence of this lien in the public records of Seminole County. Florida. at such time the fees remain unpaid for more than ninety (90) days for a particular property. The lien shall accrue interest at the statutory interest rate imposed for iudgments in Florida. The lien shall be prior to all other liens on such property except the lien of federal. state. county. and municipal taxes and shall be on a parity with the lien of such federal. state. county. and municipal taxes. In the event the city must take such action to enforce the lien. the city shall be entitled to recover all costs associated with City of Winter Springs Ordinance No. 2007-13 Page 2 of 4 . collecting the unpaid fees including, but not limited to, court costs and reasonable attorney's fees. @ Nothing set forth herein shall limit the city's authority to otherwise collect or enforce payment of solid waste fees as provided by law. Sees. 19-iJ. -19-25. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 23rd day of A ril ,2007. A LORENZO-LUACES City Clerk City of Winter Springs Ordinance No. 2007-13 Page 3 of 4 . S TO LEGAL FORM AND SUFFICIENCY Y OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: April 9, 2007 Second Reading: April 23, 2007 Effective Date of Ordinance: See See tion 6. City of Winter Springs Ordinance No. 2007-13 Page 4 of 4 unanoo Sentinel Published Daily ~tate of j110rtba } 5.5. COUNTY OF ORANGE BEVERLYC.SIMMJNS Before the undersigned authority personally appeared , who on oath say's that he/she is the Legal AdvertisiI}fiR~p~entative of O~ando Sentinel, a dally newspaper published at ALTAIY.KJNTE SPRINGS in SEMINOLE . . I'" -" T ( C < " C,oNnJy!.~I()ridljl; that the attached copy of adve'1ls~m.E(nt, being a 'H..! I _....". 1 ~:) le.r\ L U Y '" in the matter of **,t.fto\ddi!*OPD. 2007 13 in the SEMDlOLE .. was publishea In said newspaper in the issue; of (' <} .J 1 :::; '())" Court, Affiant further says that the said Orlando Sentinel is a newspaper published at ALTl\~ONTE ' in ~aid SP~lGS County, Flonda, and that t e sala newspaper has heretofore been continuously published in said vfe~OLE County, Florida, each ee :Day and has been entered as second-class mail matter at the post office in ~ 'IeN'l'E S in said SEMlNp . PRINGS County, Florida, for a period'O one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purp of sec ring ~s adv tisement for publication in the said newspaper" ~ ..... day of (SEAL) '.. ., .{.;.. ,i' .. _.~ i ;{ ~ ~ ~ '.0 '... ,~ ,,".le.;..,..... r c-'~ '....,~..- i ell" 'I' \~)L /,.,1......,... fr;~ SU.~)lf_iG..... Fln~'_~l;.:.t .. _""'.:l- The proposed ordinonce moy be inspected by. inter- ested parties between 8 ~h'rOu~~d Mer,;;, ~~n1g~ City's Clerk's Office, locat- ed at 1126 East State Road 434, Winter Sprin'gs, Flori. do. Far more information call (407) 327-1800, Exten- sion 227. Persons with dis- abilities needing assistance to participate in any of these proceedings should contact the Employee Rela- tions Department Coordina- tor I 48 hours in advance of the meeting at (407) 327. 1800, Extension 236. This is a public hearing. If you de- cide to appeal <my recom. mendation/decision made ~rt~hr:s~~~r t~aa~~~~it~~ considered at this meeting, you wi II need 0 record of the. proceedings, and for ~~~ tg~~~~:eefhar~uv;gcr. tim record of the proceed- ings is mode upon which the appeal is based. Inter. ested parties are advised ~~~t\~~y a~3Y~P~:g~da~W~ respect. to the proposed or- dinance. SLS292676 4/12107