HomeMy WebLinkAbout2007 04 23 Public Hearing 501 Ordinance 2007-13 Solid Waste Fees And Rates
COMMISSION AGENDA
ITEM 501
Consent
Informational
Public Hearing X
Regular
Apri123.2007
Meeting
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Mgr. / Att. /
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REQUEST:
The City Attorney's Office and the Finance Department request the City Commission adopt
Ordinance 2007-13 on second and final reading, 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
second and final reading.
ATTACHMENT:
Ordinance 2007-13.
COMMISSION ACTION:
Adoption of Ordinance 2006-01, adopting City's Solid Waste Franchise - February 13, 2006.
Approval of Ordinance 2007-13 on first reading - April 9, 2007.
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. Town of Mexico Beach, 348 So. 2d 40 (Fla. 3d DCA 1977); Stein v.
City afMiami 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 of4
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 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.
.@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.
ilil. 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.
.cu 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 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-z.~ -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 _ day of ,2007.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
City of Winter Springs
Ordinance No. 2007-13
Page 3 of 4
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading:
Second Reading:
Effective Date of Ordinance:
City of Winter Springs
Ordinance No. 2007-13
Page 4 of4
~
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