3130 ORDINANC~ NO. 3130
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
CHAPTER 11, ARTICLE I, SECTION 11-12 OF THE CODE OF THE
CITY OF SANFORD ENTITLED "GARBAGE, TRASH, WEEDS AND SOLID
WASTE"; PROVIDING THAT THE SCHEDULE OF SOLID WASTE
COLLECTION FEES BE ESTABLISHED BY RESOLUTION OF THE CITY
COMMISSION; PROVIDING GUIDELINES FOR THE DISCONTINUATION
OF SOLID WASTE SERVICE FOR NON-PAYMENT; PROVIDING
REQUIREMENTS FOR DEPOSITS ON CONTAINERIZED ACCOUNTS;
PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford, Florida finds
it to be in the best interest of the City to establish by separate resolution
the schedule of fees to be paid for solid waste services; and
WHEREAS, the City Commission finds it to be in the best interest of
the City to establish guidelines for the discontinuation of solid waste
service for non-payment; and
WHEREAS, the City Commission finds it to be in the best interest of
the City to require deposits for accounts requiring commercial containers.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
SECTION 1: That Chapter 11, Article I of the code of the City of
Sanford shall be amended to read as follows:
Sec. 11-12. Schedule of solid waste collection fees.
There is hereby imposed a solid waste collection fee, the term
"solid waste collection" includes collection of garbage, refuse and
recyclable materials as defined in section 11-1 herein. The amount of said
fee shall be at a schedule established by separate resolution action of the
City Commission and as amended from time to time, in accordance with the
following definitions establishing separate rates for different property
(a) For each "single family residence" which term shall embrace
only a single building and it's premises for single-family
occupancy, and exclude any rental occupancy other than
single-family, each "church", each "lodge", which term shall
embrace only nonprofit, fraternal organizations maintaining
buildings for their lodge purposes and each "nursery", such term
embracing only educational buildings used for instruction of
children of pre-public school age, the fee to be paid to the city
for solid waste collection service shall be at the rate provided by
separate resolution for single-family residence fees. Provided
that residential uses such as lodges, churches and nursery!s that
generate volumes of solid waste in excess of that allowed for
residential uses as specified in Section 11-2 shall be designated
to be commercial establishments and shall be charged fees
accordingly.
(b) For each multiple-residential use, including, but not limited
to, duplexes, apartments, quarters, "Quarters" occupancy is defined
as several single-family rental buildings of one ownership on the
same premises and services as to other utilities through a single
utility meter or bill, or combination thereof:
(1) The fee to be paid to the City for multiple-residential
garbage and refuse collection service shall be at the rate
provided by separate resolution for multiple-residence fees.
(2) Any multiple-residential use which, in the judgement of
the Public Works Director, can be serviced with City provided
commercial collection containers, are hereby declared to be
commercial establishments and the fees to be paid to the City
monthly for solid waste collection service shall be at the
rate provided by separate resolution for commercial
establishment fees. Such multiple-residential uses shall be
regulated in accordance with the terms provided in this
chapter providing regulations and rules for the operations of
solid waste services for commercial establishments.
(c) Refuse Collection Fee Waiver, Customer Charge - There shall be
a monthly customer charge for each account. The monthly charge
will be the monthly charge outlined in the Sanford city Code
Section ll-12(a) & (b), with the exception of those persons and
families that meet the City of Sanford's poverty guidelines which
are hereby defined as person or persons whose income is at or below
the level of twenty-eight percent (28%) of the median household
income for this area as defined by the U.S. Department of Housing
and Urban Development's most recently released data. Said person
or persons meeting the City of Sanford's poverty guidelines,
subject to proper application for assistance and proper
documentation of income verification, shall receive free solid
waste and recycling pick-up. Proper documentation shall consist of
Social Security income statements, State of Florida Department of
Health & Rehabilitative Services income statements, the person or
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persons most recent U.S. Internal Revenue Service Income Tax return
and/or other documentation the City Manager shall judge sufficient
to verify income.
(d) For commercial establishments, which shall include motels,
hotels, manufacturers, retail and wholesale establishment, general
offices and all other places wherever solid waste may accumulate
and which are not described herein as residential.
(1) Containers furnished by the City. Where, in the
judgement of the Public Works Director, commercial refuse
service can be furnished using City provided containers, such
containers shall be furnished by the City and the fee to be
paid to the City monthly for solid waste collection service
shall be at the rate provided by separate resolution for
co~unercial establishment fees.
(2) Containers provided by the user. Where, in the judgement
of the Director, commercial refuse collection service can be
furnished without the use of city-furnished containers, the
fee to be paid to the City monthly for solid waste collection
service shall be at the rate provided by separate resolution
for commercial establishment fees.
(3) Compacted refuse. Where the collection of compacted
refuse is acceptable by the Director, the fee to be paid to
the City monthly for solid waste collection service shall be
at the rate provided by separate resolution for commercial
establishment fees, plus a fee which shall be determined by an
agreement between the establishment and the Director and shall
be sufficient to cover the costs of the service rendered,
subject to appeal to the City Manager and the City Commission.
(4) Waiver of fees. The Public Works Director shall have the
authority to waive the solid waste collection fee(s) provided
for herein should an investigation reveal that a commercial
establishment has a Service Agreement with a franchise
collector for such collection service and providing that
agreement was effective prior to June 24, 1991. If at any
time during a billing period, it becomes necessary to provide
refuse collection service to a commercial establishment, the
commercial establishment will be billed as though it had
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utilized the refuse collection service for the whole billing
period. This subsection shall not be construed to allow any
person to violate any provisions of this or any other Chapter
of City Code of the City of Sanford.
(e) Discontinuation of solid waste service for nonpayment. If any
bill for monthly solid waste service remain due and unpaid on and
after the due date stated on such bill, the solid waste service
shall be discontinued end the water service to such customer shall
be disconnected and shall not be reconnected until all past-due
bills for solid waste or other City services are paid, together
with re-connection and delinquent fees as specified in Sanford City
Code Chapter 28, Article II, Section 28.30. Should a container be
removed because of an accounts delinquency, there shall be a
delivery fee imposed, such fee shall be in the amount determined by
the Public Works Director sufficient to recover collection and
delivery expenses, but shall not exceed fifty dollars ($50.00).
(f) Deposit required for accounts requiring commercial containers.
The minimum deposit for containerized accounts shall be an amount
equal to at least the monthly billing for containerized service as
requested by the customer and agreed to by the Public Works
Director, subject however, to a minimum deposit of fifty dollars
($50.00). Such deposit may be modified by the Public Works
Director if the monthly billing amount increases due to customer
requested changes in the service requirements. A special deposit
may be required by the Public Works Director for customers who
request extraordinary or specialized service and equipment. Any
special deposit is subject to review by the City Commission.
SECTION 2: Codification. It is the intention of the City
Commission of the City of Sanford, Florida, and it is hereby ordained that
the provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City of Sanford, Florida; that the sections of this
Ordinance may be renumbered or relettered to accomplish such intention; that
the word, "Ordinance," may be changed to "Section," "Article," Or other
appropriate word.
SECTION 3: Conflicts. All Ordinances or parts of Ordinances in
conflict with any of the provisions of this Ordinance are hereby repealed.
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Ordinance No. 3130
SECTION 4: Severability. If any Section or portion of a Section
of this Ordinance proves to be invalid, unlawful, or unconstitutional, it
shall not be held to invalidate or impair the validity, force, or effect of
any other Section or part of this Ordinance.
SECTION 5: Effective Date. That this ordinance shall become
effective immediately upon its p d p o
PASSED AND ADOPTED , A.D.
1992.
MAYOR ~/
City Of Sanford, Florida
CERTIFICATE
I, Janet R. Donahoe, City Clerk of the City of Sanford, Florida, do hereby
certify that a true and correct copy of the foregoing Ordinance No. 3139 PASSED
AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 28th
day of September, 1992, was posted at the front door of the City Hall in the City
of Sanford, Florida, on the 29th day of September, 1992.
In witness whereof, I have hereunto set my hand and the official seal of
the City of Sanford, Florida, this 29th day of September, 1992.
Cit~ of Sanford, Florida.
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