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HomeMy WebLinkAbout2007 04 09 Public Hearing 506 Ordinance 2007-13 Regarding Solid Waste Fees and Rates COMMISSION AGENDA ITEM 506 Consent Informational Public Hearing X Regular April 9.2007 Meeting / Dept. REQUEST: The City Attorney's Office and the Finance Department request the City Commission consid~r and approve on first reading Ordinance 2007-13, which amends Chapter 19, Article 1 of the City Code regarding solid waste fees and rates. PURPOSE: The purpose of this ordinance is to set forth in the City Code supplemental authorization for the establishment and collection of solid waste fees. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act: Chapter 166, Florida Statues. 2. Chapter 180, Florida Statutes, Municipal Public Works. 3. Ordinance 2006-01, adopting Solid Waste Franchise Agreement. 4. Chapter 19, Utilities, Winter Springs City Code. CONSIDERATIONS: 1. While the City has statutory authority to establish solid waste collection services and fees and the City has exercised this authority pursuant to Ordinance 2006-01 adopting a solid waste franchise, the City Code currently does not provide adequate authority to enforce the Page 1 of 2 collection of solid waste fees. 2. Florida law allows municipalities to lien real property for unpaid solid waste fees if authorized pursuant to ordinance. See 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). 3. The City's Finance Director and the City Attorney recommend adoption of this ordinance in order to afford protection to the City's solid waste special revenue fund established pursuant to section 403. 7049(2)(b), Florida Statutes. STAFF RECOMMENDATION: The City Attorney's Office and Finance Department recommend approval of Ordinance 2007 -13 on first reading. A TT ACHMENT: Ordinance 2007-13. COMMISSION ACTION: Adoption of Ordinance 2006-01, adopting City's Solid Waste Franchise - February 13,2006. Page 2 of 2 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. Tmvn 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 of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the 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 stIikcout 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. @L All propertY owners shall be required to utilize the solid waste services provided bv the city in accordance with anv applicable solid waste franchise awarded bv the city and in accordance with other applicable law. Dll Solid waste services shall be sub; ect to rates established bv resolution adopted by the city commission. Solid waste fees shall become due and payable in accordance with anv applicable franchise agreement and as provided by the rules and regulations established bv the city manager pertaining to the collection of utility fees. (U 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) davs for a particular propertY. The lien shall accrue interest at the statutorv 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 of4 collecting: the unpaid fees including:. but not limited to. court costs and reasonable attornev's fees. @ Nothing: set forth herein shall limit the city's authority to otherwise collect or enforce payment of solid waste fees as provided bv law. Sees. 19-2-~ - 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 COUlt 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 _ day of , 2007. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk City of Winter Springs Ordinance No. 2007-13 Page 3 of4 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SP&~GS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: Effective Date of Ordinance: City of Winter Springs Ordinance No. 2007-13 Page 4 of 4