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HomeMy WebLinkAboutOrdinance 2001-12 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 timely paid by the owner for twelve consecutive months without a notice of lien being filed for non-payment. (3) Billing and collection of fees. For each single-family or mobile home residential unit or multifamily residential unit, the bill shall be 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-Iettered 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-Iettered 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 5-rH day of JUN~ , 2001. APPROVED: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND L~ALITY this ~ day of -.);(\(, , 2001. FOLE~NE~~ By: ~~~ City Attorney ADVERTISED May 20_, 2001 READ FIRST TIME May 15_, 2001 READ SECOND TIME AND ADOPTED --.:J'J N E. S , 2001 UNDER AGENDA ITEM NO. "VT B -3-