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3071 ORDINANCE NO. 3071 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ENDING CHAPTER 11 OF THE CODE OF THE CITY OF SANFORD ENTITLED "GARBAGE, TRASH, WEEDS AND SOLID WASTE"; PROVIDING THAT MANDATORY COLLECTION OF COMMERCIAL WASTE BY SOLID WASTE DIVISION OF THE PUBLIC WORKS DEPARTMENT SHALL BEGIN ON OR AFTER OCTOBER 1, 1991; PROVIDING A NEW SCHEDULE OF SOLID WASTE COLLECTION FEES; PROVIDING RECYCLABLE MATERIAL COLLECTION FEE FOR COMMERCIAL ESTABLISHMENTS; PROVIDING FOR WAIVER OF FEES FOR COMMERCIAL ESTABLISHMENTS; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: That Chapter 11, Article I, Section 11-1.1, Mandatory Refuse Service By City, shall be amended to read as follows: section 11-1.1. Mandatory Refuse Service By City. All property owners and/or occupants of residential property within the City limits of Sanford, Florida will be required to have mandatory refuse pickup bY the City and pay charges for such service as specified in Section 11-12 beginning on January 1, 1989. All business owners or occupants of commercial property and all persons or companies who have been issued an occupational license by the City and are located within the City limits of the City of Sanford will be required to have mandatory refuse pickup by the City and pay charges to the City for s~ch service as specified in Section 11-12 beginning on or after October 1, 1991. SECTION 2: That Chapter 11, Article I, Section 11-12, schedule Of solid waste collection fees, shall be amended to read as follows: section 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 ll-1 herein. The amount of said fee shall be in accordance with the following schedule: (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" and 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 garbage and refuse collection service shall be ten dollars and ninety-five cents ($10.95) per month and the fee to be paid to the City for recyclabte materials collection shall be one dollar and seventy-six cents ($1.76) per month; 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 according to the rates for commercial establishments as specified in Section ll-12(d) herein. (b) For each multiple-residential use, including, but not limited to, duplexes, apartments, quarters or combination thereof: (1) The fee to be paid to the City for multiple-residential garbage and refuse collection service shall be six dollars and eighty cents ($6.80) per month per family dwelling unit and the fee to be paid to the City for recyclable materials collection shall be one dollar and seventy-six cents ($1.76) per month per family dwelling unit. "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. (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 fee to be paid to the City monthly shall be at the rate of ten dollars and thirteen cents ($10.13) plus a recycling fee of One dollar and seventy-six cents ($1.76) for each cubic yard of solid waste collected per week, subject however, to a minimum fee of eleven dollars and eighty-nine cents ($11.89) per month. Such multiple-residential uses shall be regulated in accordance with the rules and regulations provided in this chapter for the operation of 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 Florida Department of Health & Rehabilitative Services income statements, the person or persons most recent U.8. Internal Revenue Service Income Tax return and/or other documentation of 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 --2-- Ordinance No. 3071 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 shall be at the rate of ten dollars and thirteen cents ($10.13) plus a recycling fee of one dollar and seventy-six cents ($1.76) for each cubic yard of solid waste collected per week, subject however, to a minimum fee of eleven dollars and eighty-nine cents ($11.89) per month. (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 shall be at the rate of ten dollars and thirteen cents ($10.13) plus a recycling fee of one dollar and seventy-six cents ($1.76) for each cubic yard of solid waste collected per week, subject however, to a minimum fee of eleven dollars and eighty-nine cents ($11.89) per month. (3) Compacted refuse. Where the collection of compacted refuse is acceptable by the Director, the fee to be paid to the City monthly shall be at the rate of ten dollars and thirteen cents ($10.13) plus a recycling fee of one dollar and seventy-six cents ($1.76) for each cubic yard of solid waste collected per week, plus a fee which shall be determined by an agreement between the establishment and the Director that shall be sufficient to cover the costs of the service rendered, subject to appeal to the City Manager and the City Commission. The minimum fee for the collection of compacted refuse shall be eleven dollars and eighty-nine cents ($11.89) per month. (4) Waiver of fees. The Public Works Director shall have the authority to waive the refuse collection fee(s) provided for herein should an investigation reveal that a commercial establishment does not generate any refuse and thereby does not require refuse collection service by the city of sanford or that a commercial establishment has a Service Agreement with a franchise collector for such collection service that meets or exceeds the standards established by the City's collection program. 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 utilized the refuse collection service for the whole billing period. This subsection shall not be construed to allow any person to violate any provision of this or any other Chapter of the Code of the City of Sanford. SECTION 3: Codification. That this Ordinance shall be codified and made a part of the City Code of Ordinances. 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 impair the validity, force or effect of any other section or part of a section of this ordinance. SECTION 5: Conflicts That all ordinances or parts of ordinances --3-- Ordinance No. 3071 in conflict herewith be and the same are hereby revoked. SECTION 6: Effective Date. shall become effective immediately upon its passage and adoption. MAYOR ~~~ ATTEST: City of Sanford, Florida. CERTIFICATE I, Janet R. 't g n true and correct Florida, do hereby h a copy of Ordinance No. 3071, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 26th day of August, 1991, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 27th day of August, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Sanford, Florida, this 27th day of August, 1991. ~ the City ~~e City of Sanford, Florida --4-- Ordinance No. 3071