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Home My WebLink AboutVI (B) Second Reading of Ordinance No. 2001-12, Ready to Serve Garbage Collection Fee Agenda 6-05-2001 y • e % Item VI B C. r s K*..„.. fr 0 e. ` �r 0000 � ROBERf SMITII PUBLIC WORKS D112E21012 370 IFN'IYRPRISIi ST.•(1COEE,FLORIDA 14721 PI IONF(407)87-84211•PAR(40T1 k77-0192 STAFF REPORT TO: The Honorable Mayor and Board ofj,'ty Commissioners FROM: Bob Smith, Public Works Director DATE: May 8, 2001 /17 RE: Ready to Serve Garbage Collection Fee ISSUE: Should the Honorable Mayor and board of City Commissioners enact the attached changes to Section 143 of the Code of Ordinances, as drafted by Foley and Lardner, concerning the billing and collection of garbage fees? BACKGROUND AND DISCUSSION: The City currently has several new neighborhoods nearing completion which will receive utility services from Orange County and sanitation and stormwater services from the City. The existing ordinance contains no authority or methodology for deposits and billing for sanitation services for these new neighborhoods. The proposed changes to the ordinance will require the homeowner to establish a sanitation service account and pay a $50.00, deposit at the time the certificate of occupancy is issued for the building. RECOMMENDATION: Staff respectfully reque is thq,Honorable Mayor and Board of City Commissioners hold the two required public " `" and adopt the proposed changes to the ordinance. BS:jh attachment PAwt \ THE PRIDE OF WEST ORANGE ORDINANCE NO. 2001-12 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 143 BY PROVIDING FOR BILLING, ACCOUNT DEPOSITS, AND LIEN PROCEDURES RELATING TO SOLID WASTE COLLECTION SERVICE FEES FOR OWNERS WHO DO NOT RECEIVE WATER AND/OR SEWER SERVICE FROM THE CITY OF OCOEE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Section 143-8(C) of the Code of Ordinances is hereby deleted: C. Billing for solid waste collection service shall be on a monthly basis. SECTION 3. Chapter 143 of the Code of Ordinances is hereby amended by the addition of the following: § 143-9.1. Billing and collection of fees. A. If the subject property utilizes water and/or sewer service from the city, the solid waste collection service fee shall be billed and collected monthly with the utility bill in accordance with the provisions of§ 150-7. B. If the subject property does not utilize water and/or sewer service from the city, the solid waste collection service fee shall be billed and collected in accordance with the following provisions: (1) Account deposit. At the time the certificate of occupancy is issued for the building, the owner must apply to the city for the initiation of the solid waste collection service and shall provide such information as may be requested by the city on forms prepared for that purpose. The owner shall be required to place on deposit with the city an initial account deposit. The deposit is intended as security for the payment of any bill which may be due to the city. The amount of the deposit is $50.00. (2) Return of Deposit. The deposit will be returned to the Owner provided that the solid waste collection service fee has been paid by the owner for twelve consecutive months. (3) Billing and collection of fees. For each single-family or mobile home residential unit or multifamily residential unit, the bill shall he sent to the record owner of the property as shown in the tax records. It is the owner's responsibility to notify the city of a change in ownership. Failure to receive the bill will not relieve owner of owner's responsibility to pay the bill. All bills for solid waste collection service shall be rendered monthly. All billings for solid waste collection service shall be due and payable 15 calendar days after the date of the billing. The due date shall be shown on each bill. Owners shall have five calendar days from the due date to make payment. Payment in full must be made by the due date; otherwise, the account will be past due. (4) Unpaid fees to constitute lien. In the event that the fees for solid waste collection services are not paid when due, any unpaid balance thereof, along with all interest accruing thereon, shall be and constitute a lien on any parcel or property affected thereby. The city may place a notice on the door of the building located on the property or parcel warning the owner prior to recording its lien, but the city shall not be required to post any such notice. The city may record in the public records of Orange County, Florida, a notice of lien giving notice to all persons that the city is asserting a lien upon the affected parcel or property. In the event that any such fee is not paid when due and is in default for thirty (30) days or more, the unpaid balance thereof and all interest accrued thereon, together with the costs of collection, including but not limited to attorneys' fees and costs, may be recovered by the city in a civil action, and any such lien, accrued interest and any additional costs may be foreclosed or otherwise enforced by the city by action or suit in equity as for the foreclosure of a mortgage on real property. SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent maybe -2- authorized by the City Manager, without need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2001. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY ADVERTISED , 2001 BY THE CITY OF OCOEE, FLORIDA READ FIRST TIME , 2001 APPROVED AS TO FORM READ SECOND TIME AND ADOPTED AND LEGALITY , 2001 this day of , 2001. UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney -3- Copy of Public Hearing Advertisement Date Published K10 Orlando Sentinel SUNDRY, May 20,2001 Advertisement NOTICE OF PUBLIC HEARING MY OF OCOEE Nonce ishereby Ih iyConsinution of ne sate or Flora and Section led, Florida Stolutes. that the Ocoee City Commission will hold o public hearing in the Commission Charm hers, City Hall. located at Iso N. Lakeshore o vino regular session Ocoee, Florida e°held on June E.IWt at 115 p.m..or as w:emie.in Order to consider'the adoption of me fol- lowing ORDINANCE NO I00111 AN ORDINANCE OF THE CITY OF TER III BY PROVIDING AMENDING BIW 4 ACCOUNT DEPOSITS AND LIEN PRO- CEDURES RELATING TO $0110 WASTE COLLECTION SERVICE FEES FOR OWNERS WHO 00 NOT RECEIVE WATER ANOiOR SEWER SERVICE FROM THE CITY Of DCOEE.PROVID- ING FOR CDWFICAUON.PROVIDING FOR SEVERABICRF PROVIDING AN feresTed parties may appear of VE DATE the meeting and Ee heard with.e- spec?to the ased on:op.A Caps be of the . ap.ed oiiiceaof Mne City examinee e k oo`Ci ay Nail.150 N Lakeshore orie.Ocoee.Florida.between he Monday a ou00 ch FFriday,se Dcep.m pt it NOa :. TICE Any Commappeali con w modeirbyy aered of such meeting will heed o`re d or the proceed- and for such record may need • verbatim record of rheeo tieing is made.which re. cord it cludes the testimony and ev !dance urea POI Cri appeal is based „mons with the needingany thheseeao to shr ofl the Circe of the City shouldlerk. WN.Lakeshore Drive,Ocoee.FL 34751,1-101)905-3105.40 hours in od Vance of Me Jean Grona eemng. City Clerk Maki N.2001 005I897559 MAY 20.2001