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HomeMy WebLinkAboutO-1996-001ORDINANCE NO.0l -eG AN ORDINANCE REI,ATING TO TI{E COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA,FLORIDA; AIITHORI Z ING THE IMPOSITION AND COT .EC:TION OF PARTIAL YEAR SOLID WASTE SERVICE ASSESSMEMTS IN 1995 AGAINST CERTAIN IMPROVEDRESIDENTIAI PROPERTY IIITSIN TTIE INCORPORATEDAREAS OF THE CITY; SETTING FORTH THE PROCEDURES FOR IMPOSING PARTIAL YEAR SOLID WASTE SERVTCE ASSESSMENTS FOR THE PERIOD OFAPRIL 1, 1,996 THROUGH SEPTEMBER 30, 1-996; PROVIDING FOR CILLE(:IION OF PARTIAL YEAR SOLID WASTE SERVICE ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. NOW, TI{EREFORE, BE IT ORDAINED BY TTIE CITY COMMISSION OF TTIE CITY OF DANIA, FLORIDA: ARTICIJE I INTRODUCTION SECTION 1-01. DEFINITIONS. As used in this Ordinance. the following words and terms sha1I have the following meanings, unless the context clearly otsherwj-se requires: rrApartment.,, means a rental Dwelling Unj-t locaEed wit.hin the same Building as other Dwelling Unitss. nAssessment Periodn means E.he period of April 1, 199G to Sept.ember 3 O, 1995 , j-nclusive . trAssessable Propertyr means al-l parcels of land incfuded on the Assessment. RolL which are the recipient.s of a special benefit. from the deJ.ivery of sol-id wast.e collecEion and disposal services, programs or faciliEies ident.ified in the Initial_ AssessmenE Resolu!ion. "Assessment RoIlr means the special assessment ro11 relaEing Eo a Partiaf Year Sol-id Waste Service Assessment approved by a Partial Year Assessment Resolution pursuant E.o Sect.ion 2.05 hereof. "Building' means any struct.ure. whether temporary or permanent, bui1t. for the supporE, shelEer or enclosure of Persons, chaEtel or property of any kind. This term shal1 include mobile homes or any vehic]es serving in any rray the funcE j-on of a Bui lding . "Cityn means the City of Dania, Florj-da. "City Clerkn means the Clerk to the City Commj-ssion, or her designee. "City Commission" means t.he governing body of the City of Dania, FLorida. "Clean Debrisn means any solid waste which is virtually inert and which is not. a pollution threat to groundwater or surface waters and is not. a fire hazard and which is 1ike1y to retaj.n it.s physical and chemical structure under expecEed condi_tions of disposal or use. The term includes unconEaminated concrete, including embedded pipe or steef, brick. g1ass, and ceramics. nCommercial Collection Service n means the collection and tsransportaEion of Solid Waste from Commercial property by t.he Owner to a solid waste disposal facj-1ity, or which resuLts in the palrment. of fees or charges to an authorized commercial collecti-on service provider for disposal of Ehe Solid Waste. ncommerciaL Property" means all Improved properly other t.han ResidenE.iaI Propertsy. 2 "Construction and Demolit.ion Debris" means non-hazardous material-s general.fy considered not to be water solub1e, or a combination of such materials. which consist of the remnants or. debris from the construction, reconstruction, remodeling or demolition of any structure. and shaLl include, but. not be limited Eo. meEal-, metal products, concrete, g1ass, rock, roofing materials, asphalt. wood, tar, brick, cement and gypsum board. "Countyn means Broward County, Florida. ihrelling Unittr means a Building, or a portion thereof, which is l-ocated upon Residentiaf Property and 1awful1y used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended tso be used as living quarters for one family only. "Fiscal Yearn means that period commencing OcEober 1st of each year and continuing tshrough the next succeeding SepEember 3oth, or such other period as may be prescribed by 1aw as the fiscal year f or t.he City. ncarbager means anj-ma1, fruit and vegetable waste, either al-ong with or j.n combinat.ion with other putrescible matter resulting from the handling, storage, saIe, preparation, cooking, servi-ng. processing, sLaughter, manufacture or consumptj-on of animal, fruit or vegetable mat.t.er, which j-s subject to decomposltion or decay. and any container of such material. "Hazardous l{asten means sol-id waste, or a combinaEion of sol-id wastes, which, because of j-ts quantity/ concentrat. j-on, or physical, chemical, or infectious characterist ics , may cause, or 3 si-gnif i-cantly contribute to, an increase in mortsal-ity or an increase in serj-ous irreversibl-e or incapacltsaEing reversible illness or may pose a substantial present. or potential hazard E.o human health or t.he environment when improperly transporE.ed, disposed of, stored, Ereated, or ot.herwise managed. tr Irq)roved Propertytr means a1l- property within the incorporat.ed area of Ehe Ci.ty on whi.ch a Building or ot.her j.mprovements, including but not limited to, the provision of reEail electrical service to such property, have been pl-aced or constructed, which improvements result in such property generat.ing Solj.d Waste or being capable of generat.ing Solid Waste. nlnitial A.ssessment Resolution" means the resoluLion described in Sect j-on 2.02 hereof which shall- identify t.he solid wast.e colfection and disposal servJ_ces, programs or faciliEies for whj-ch a Part.ial Year Sol-id Waste Service Assessment is to be made, nlarld Clearing Debris " means vegetat.i-ve mat.ter resulting from a comprehensive land clearing operation, but does not i.nclude yard Trash - rObligationsn means bonds, noEes, commercial paper, capital leases or any other obligat j-ons of the City issued or incurred to finance any port.ion of the Solid Waste Cost. "Ordinance" means t.his 199G partial year Sol_id Wast.e Servi-ce AssessmenE. Ordinance - nowrlerr means the Person owning Assessable property. nPartial Year Assessment Resolut.ionr means the resolution substantially similar t.o E.hat described in Section 2.05 hereof, 4 which shal-l- conf j-rm, modify or repeaL the Initial Assessment Resofution and which shall- be the final proceeding for the imposit.ion of a Partj-al- Year Solid waste Service Assessment. rPart.ial Year Solid Waste Service Assessment " means a special assessmenL lawfuI1y imposed by the Ci.ty against Assessable Property to fund al-I or any portion of the Sol-id Waste Cost. for solid waste col-1ecEj-on and disposal services, programs or faci-1it.ies providing a special benefit to propert.y as a consequence of a logical relaLionship to the va1ue, use, or characE.eri st ics of property idenEified in the Ini-ti-al- Assessment Resol-ution. nPerson" means any individual, partnership, firm, orgranizaE.ion, corporation, associaEion, or any oEher legal- enti.ty, whether singular or p1ura1, ma="rr1i.re or femj-nine, as the context may require . nProperty Appraiser" means t.he Broward County properE.y Appra j-ser. nRecovered Mat.erialsn means metal, paper, g1ass, plastic, text.i1e, or rubber maE.erials that. have known recycJ. j-ng pot.ential , can be feasibly recycled, and have been divert.ed and source separat.ed or have been removed from the solid waste stream for sa1e, use. or reuse as raw materials, whet.her or not the materials require subsequent processing or separation from each other, but does not incl-ude materials destined for any use that constit.utes disposal . rResidential Propertyn means aLl- Improved Property used as single-family Dwelling Units, Apartment.s or condominiums except. for 5 lmproved Property provided with commercial container service by an authorized commercial- collecEion service provider at tshe tsj-me the Part.ial Year AssessmenE Resolution is adoptsed. rRubbishn means refuse accumulat.ion of paper, excelsior, rags, wooden or paper boxes or containers, sweepings, and all ot.her accumulations of a naEure ot.her t.han Garbage which are usuaL to housekeeping and to the operation of st.ores, offices and other business places. "Solid Wastetr includes carbage, Rubbish, Yard Trash, Clean Debris, White Goods, or other discarded material , including solid, liquid, semisolid, or contained gaseous material resulting from domestic. indust.rial, commercial, mining, agricultural or governmental operations; buE does not include Special Waste or Hazardous Wast.e. "Solid Waste Cost tr means the amounE necessary to fund the solid waste coll-ection, disposal and recycling activit.ies of the City a]1ocab1e to Assessable Property during the AssessmenE. period and shal-] include, buE not be limited to: (A) the cost, whether direct or indirect, of all services, programs or facilit.ies provided by t.he City, or through conEractual arrangements with the City relating t.o solid waste management and disposal activities; (B) the cost of any indemniEy or surety bonds and premiums for insurance; (C) the costs of salari-es, volunteer pay, workers, compensat.ion insurance, or other employment benefits; (D) the cost of computer services, data processing, and communications; (E) the cost of training, travel and per dj-em,- (F) Ehe recovery of unpaid 6 or delinquents fees or charges advanced by the City and due for solid wasLe management and disposal services. programs or facilities aIl-ocabl-e to specific parcels; (G) t.he cost of engineering, financial, 1ega1 or other professional services,' (H) aLl- costs associated with the structure, implementation, collection, and enforcement. of Ehe Partial Year Solid Waste Service Assessments, including any servi-ce charges of the Tax Collect.or or Property Appraiser; (I) all other costs and expenses necessary or incidental to the acquisit.ion, provision, or delivery of the services, programs or facilities funded by t.he Part.ial Year Solid Waste Service Assessment. and such other expenses as may be necessary or incj-dental to any related financing authorj.zed by t.he Cj-ty Commission; (,1) a reasonable amount. for contingency and anticipated delinquencies and uncol-l-ectible Part.iat year Solid Waste Service Assessments; and (K) reimbursemenE to the City or any other Person for any monies advanced for any cost.s incurred by the City or such Person in connecEion with any of Lhe foregoing items of Solid waste CosE.. "Special Wast.e tr means materials that. can require special handling and management, including but noE limited to, Construction and Demolition Debris, Land Clearing Debris, Hazardous Waste, or any other unusual- material for which a separate disposal charge is necessary or reguired. "Tax Collectortr means the Department of Finance and Admini st.rat. ive Services as described in Article IV of t.he Broward Councy CharLer. 7 "Tax Ro1lr means the real property ad valorem tax assessment ro11 maintsained by the Property Appraiser for the purpose of the Levy and coll-ection of ad val-orem taxes. "white Goods " means inoperative and discarded refrigerators, ranges, water heaters, freezers and other simil-ar domestic and commerciaL J.arge appliances. "Uniform Assessment Collection Actr means sections ]-97.3532 and ].97.3635, Fforida SlatuEes. or any successor sEaEutes authorizing the coLlect.ion of non-ad valorem assessments on the same bil-l- as ad valorem taxes, and any applicable regul-ations promul,gated thereunder. nYard Trashr means vegetative matter result.ing from rout.ine periodic Iandseaping maintenance, SECTION 1.02. INrERPRETATION. Unless the contexts indicates otherwise. words importing the singular number include the pluraI number, and vice versa; the terms "hereof, " t'hereby,'r nherein,, "hereto, " 'rhereunderI and similar terms refer to this Ordinance; and the cerm "hereaft.errr means after, and the term "heretofore,' means before, Ehe effective dat.e of this Ordinance. words of any gender include t.he correlative words of the ot.her gender, unless the sense indicates ot.herwise. 1S hereby ascert.ained,SECTION 1.03. FTNDINGS. IT determined, and declared that: (A) PursuanE to Article VIII, Constitution, and sections 155.021 and the City Commission has all powers of Sect ion 166 . O4L , l oca l- 2 of the Florida Florida Statutes, seJ- f - government to 8 perform city functions and Eo render services in a manner not inconsj-stent with general l-aw or special law and such power may be exercised by the enactment. of city ordinances. (B) The City Commission may exercise any government.al, corporate, or proprietary polrrer for a municipal purpose except. when expressly prohibited by 1aw, and t.he CiE.y Commission may legislaEe on any subject matter on which Ehe Florida Legislature may act, except those subjects described in paragraphs (a), (b). (c) , and (d) of seccion 166.o2l (3). F]orida staEuEes. The subject matler of paragraphs (a) , (b) , (c) and (d) of section 156.o2]^(3), Florida Statutses, are not relevant to the imposi-tion of assesgments related to solid waste coll,ecEion and disposal services. (C) Pursuant t.o section 4O3.706(L), Florida SEatsutes, the City has the general responsibility and authori-t.y Eo provide for Ehe colfection and transporE of solid waste generated wiLhin its incorporated area to appropriate soLid waste disposal facil-itj-es. (D) In fulfilLing its responsibiLiE ies, Ehe CiEy has entered inEo various agreements with cont.ractors for the furnishing of Sofid Waste collect.ion and disposal services and programs within t.he City. The City pays the contractors for such services provided t.o Resj-dential Property and in turn separately bil,Is the respecti.ve owners of such Residential Property. Due to wj-dely varied production of Sof j-d waste among the many and varied t14:es of Commerci,aL Property, tshe contractors bill and collect directly from Owners of Commercial Property. 9 (E) The City is currentfy i.ncluding charges for Sofid Waste management and dj-sposal services and programs on Lhe water and sewer utility bill or providing a separate bj-Il for such services and programs. However, the vJaEer and sewer utility bill collection mechanism does nots reach recen!.1y annexed areas or areas served by other water and sewer service providers and t.he City suffers from a number of unpaid or delinquent fees or charges due the Cj-ty for Solid Waste management and disposal services. (F) The existence of any building or other improvement on Improved Property result.s in such property generating Soli-d waste or being capable of generating SoIid waste. (G) The imposit.j-on of a Partial Year Solid Waste Service Assessment is an alternative, equitable and efficient method of allocat.ing and col-l.ecting Ehe Solid WasEe management and disposal costs experienced by the City among certain parcels of Residential Property within the incorporated area. (H) A Part.ial Year SoLid Wastse Service Assessment imposed pursuant to this Ordinance provides an interim mechanism Eo efficiently generate revenue from certsain parcels of Residentsial Propert.y for the last six months of the 95/95 Fiscal Year and will provide a practical opporEunity to thereaft.er transition to an annual non-ad valorem assessment wit.hj-n the meaning and i-ntent of the Uniform Assessment Co]lection Act. (I) A Part.ial Year Sol-id Waste Service Assessments imposed pursuant to chis Ordinance is indicative of a mechanism to generat.e revenue from parcels of Residential Property l-ocatsed withj.n t.he 10 City on a recurri-ng annual- basis which fairly and reasonably apportions the cost to provide the solid wasLe collection and disposal services, programs and facilities al1ocab1e to such property . (,J) With regard to unpaid fees, charges or assessments which have not employed the use of Ehe uniform method of collect.ion authorized by the Uniform Assessment. Collection AcE, a Partsial Year Solid Wast.e Service Assessment imposed pursuant. to this Ordinance provides a mechanism to equit.ably and efficiently address palment delinquencj-es and recover funds advanced for solid waste management and disposal services, programs and facil,ities which are al-l-ocable E.o specific parcels of Assessable Property. (K) The benefits to af fect.ed lands provided as a result of a Partj-al Year Solid Waste Service AssessmenE include by way of example and not lj-mitation, the availability and use of col-lection services and disposal facilities by the Owners and occupant.s of Residential Property to properly, safely and cost effectively dispose of Sol-id waste generated on such property, a potential increase in value Eo Residential Property, better service to Owners and tenants, and the enhancement of environmentsal-Ly responsible use and enjoyment of ResidentiaL Property. (L) Any Solid Waste Service Assessment imposed pursuant to this Ordinance is imposed by the City Commission, not. the Broward County Board of County Commissi.oners, ProperEy Appraiser or Tax Colfector. Any act.ivity of the Property Appraiser or Tax Col-lector 11 under the provisions of this Ordinance sha11 be construed as ministerial-. l2 ARTICLE TI PARTIAI, YEAR SOLID WASTE SERVICE ASSESSMENTS SECTION 2 . O].. GENERAL ATITHORITY. (A) The City Commission is hereby authorj-zed to impose a Partial Year Solid wasEe Service Assessment to fund all or any portion of the Solj-d wasEe CosL upon benefitted property aE a rate of assessment based on the special benefit accruing to such property from the CiEy's provision of solid waste coll-ecEion and disposal services, programs or facilities. The CiEy Commission may impose by resolution, adopted at a single public meeEing. a ParEial Year Solid waste Service Assessment which sha11 be collected by any l-awfuL means. In Ehe event that any Partial- Year SoLid Waste Service Assessment is not paid. thaE amount which is unpaid may be included i.n a subsequents Sol-id waste service assessment col-lected on Ehe annual tax bil-1 pursuant to the Uniform Assessments Collect.ion Act. The Partsial- Year SoLid Waste Service Assessments shalI be imposed subsEantj-a11y in conformance with the autshoritsy and procedures sets forth in this Art.icle II. (B) The amount of the Partial Year Sol-id wastse Service Assessment imposed hereunder against each parcel of Assessable Property sha1l be detsermined pursuant !o an apportionment methodologry designed to provide a fair and reasonable apportionment of the Solid waste CosE among properties on a basis reasonably rel-ated to Ehe special benefit. provided by solid waste coll-ect.ion and disposal services, programs or facili.ties funded with assessmenE proceeds. 13 (C) Any unpaid or delinguent fees or charges due the City for sol-id waste management and di,sposal services or faciliEies which are allocable to specific parcels of Assessabl,e Property may be included in the respective Partial Year Solid waste Service Assessment for such parcels. In such an evenE, any existlng lien on each affected parcel for the unpaid or delinquent fees or charges shal-l- be supplant.ed by the lien resultsing from Ehe inclusion of such unpaid or delinquen! fees and charges in the amount of the PartiaL Year Sol-id WasEe Service Assessments. SECTIoN 2.02. INITTAL PROCEEDINGS. The initial- proceeding for the imposition of a Partial Year Solid waste Service AssessmenE. shal1 be the City Commissi.on's adopEion of an Initial Assessment Resol-ution (A) containing a brief and general descriptsion of Ehe solid waste collection and disposal services, programs or facilit.ies to be provided; (B) describing t.he method of apportioning the Solid wasle Cost. and the computation of the Partial Year Solid Waste Service Assessment,' and (C) directing Ehe City Clerk t.o (1) prepare the initial Assessment Rol-l-, as required by Section 2.03 hereof, and (2) publish Ehe noEice required by section 2 .04 hereof . SECTION 2.03. INITIAL ASSESSMEM| ROI,L. (A) The City Clerk shall- prepare. or direc! t.he preparat.ion of, the initj.al Assessment Ro1I, which shal-f contain the following: (1) A summary description of all- Assessabl,e Property conforming Eo tshe descrlpEion contained on t.he Tax RoI1. t4 Q) The name and address of the Owner of the AssessabLe Property. (3) The amount of the Part.ial Year Solid Waste Service Assessment to be imposed against each parcel of Assessabl-e Property. (B) The inj-tia1 Assessment Ro1I shal1 be reEained by tshe City Clerk and shaIl be open to public inspection. The foregoing sha11 not. be construed Eo require that the Assessment RoIt be in print.ed form i-f Ehe amount of Ehe Part.ial Year Solid wasEe Service Assessment for each parcel of property can be deEermined by use of a computer terminal avaifable to the public. SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the initial Assessment Rol-l-, the City Clerk sha11 publish once in a newspaper of general circulation within the County, a notice stating thats aE a meeting of the City Commission on a certsain day and hour, noE earlier tshan 7 calendar days from such publicat.ion, which meeting shal-I be a regular, adjourned, or special meeting, tshe City Commission will hear objectsions of all intserested persons Eo the Parti.al Year Assessment Resolution which shal1 estsabl-ish Ehe raLe and amounE of assessment and approve lhe aforementioned initial Assessment Rol-1. Such notice shall include (A) a geographic depiction of t.he area subjects to the Parti.al Year Solj-d WasE.e servj-ce Assessment, (B) a brief and general descrj-ption of the solid waste col-l-ectsion and disposal services, programs or facilities to be provided, (C) t.he rate of assessment, (D) notification t.hat. unpaid or delinquent fees or charges due the CiEy 15 for Solid waste management and disposal services a11ocable to specific parcels will be additionalfy included in the Partial Year Sol-id waste Service AssessmenE, (E) Ehe procedure for objecting provided in SecEion 2.05 hereof, (F) the method by whi-ch Ehe Partial Year Sol-id waste Service Assessment wiLl be colfectsed, and (c) a statement Eha! the initial Assessment Rol-l- is available for inspecE.ion at the of fj-ce of the City Clerk and all interested persons may ascertain the amount to be assessed against any parcel of Assessable Property at Ehe office of the Ci.tsy C1erk. SECTION 2.05. ADOPTION OF PARTIAI, YEAR ASSESSMENT RESOI,(II ION. At the time named in such notice, or to which an adj ournment or continuance may be taken by Ehe City Commission, the City Commj-ssion shalI receive any written objections of inEerested persons and may t.hen, or at any subsequenc meet.ing of the City Commission, adopt the ParEial Year Assessment ResoLuEion which shall (A) confirm, modify, or repeal the Initial Assessment. Resolution with such amendmenEs, if any, as may be deemed appropriate by t.he City Commission; (B) seE the rate of assessment to be imposed for the Assessment Perj-od; (C) approve the incl-usion of any unpaid or delinguent fees or charges due the City, and (D) approve the initial- AssessmenE RoII, with such amendmentss as its deems just and righE. A11 parcels assessed sha1l derive a special benefit from tshe sofid waste collection and disposal services, programs or facil-ities to be provided or allocated Eo such parcels and the Partj-al Year Solid wasce Service Assessment shaLl be fairly and reasonably apporti-oned betsween lhe properEies that receive Ehe 16 specj-al benefit. A11 objections to the Partiaf Year Assessment. ResoluE.i-on shal1 be made in writing, and filed wit.h E.he City Clerk at or before the time or adjourned time of such hearing. SECTION 2.06. EFFE T OF PARTTAL YEAR ASSESSMENT RESOLUTTON. The Partsial Year Solid waste Service Assessments for the Assessment Perj-od shaLl- be estabLished upon adoption of the Partial Year Assessment Resolution. The adoption of the ParEial Year Assessment Resol-ution shal1 be Ehe final adjudicatj-on of the issues presenEed (including, buE not limited to, the method of apporEj.onment and assessment, the rate and amount of assessmenE, Ehe Assessment. Ro11, and the 1-ewy and lien of the Partsial Year Solj-d Waste Service Assessments) . unless proper sEeps shall be initiated in a court of competent jurisdiction to secure relief wiEhin 10 days from Ehe datse of CiEy Commission act.ion on the Partial Year AssessmenE Resolution. The Assessment Roll-, as approved by the Partial Year Assessment Resolution, shal-] be delivered Eo Ehe City Cl-erk for co11ectsj-on or such other official as the City Commission by resolution sha11 designate. SECTION 2.07. I-,IEN OF SOLID WASTE SERVICE ASSESSMENTS. Upon the adoption of the Assessment Ro11, aLl ParEial Year Solid waste Service AssessmenEs sha1l constitute a li.en against such property equal in rank and dignity with Ehe liens of al-l staEe, county. dist.rict, or municipal tsaxes and special assessments. Except as otherwise provided by 1aw, such lien shall be superi.or in dignity to aIl- other prior l-iens, mortgages, titles, and claims, untsil paid. The lien for a Parti.al- Year So1id WasEe Service Assessment L'7 shal-I be deemed perfected upon adoptj-on by the City Commission of the Partial Year Assessment Resolution. SECTION 2.08. REVIS IONS TO PARTIAI., YEAR SOLID WASTE SERVICE ASSESSMEI{TS. If any ParEial Year So1id waste Service Assessment made under the provisions of this ordinance is eit.her in whol-e or in part annull-ed, vacated, or set asj-de by the judgments of any court, or if Ehe City Commission is satj.sfied that any such Partial Year Solid wasEe Service Assessment j.s so irregular or defective that the same cannot be enforced or coflected, or if the Cit.y Commission has omittsed to incl-ude any property on the Assessment RoLl which property shoul-d have been so included, the Ci.ty Commission may tsake all necessary steps Eo impose a new Partiaf Year Solid Waste Service Assessment against any propertsy benef j.ted by the SoIid waste CosEs, following as nearly as may be pracEicable, the provisions of this Ordinance and in case such second assessment is annul]ed, vacated, or seE aside, t.he City Commission may obtain and impose another Partial Year Sof i-d waste Servi-ce Assessment until a valid Partial- Year solid wasEe Service AssessmenL is imposed. SECTION 2.09. PROCEDITRAL IRREGULARITIES. Any informality or irregularity in the proceedings in connectsion with the levy of any Partial Year Solid waste Service Assessments under the provi.sions of this Ordinance shaI1 nots affect the validity of the same after the approval thereof, and any Partial Year Sofid waste Service Assessment as finally approved sha1l be competent and sufficient evidence Ehat. such Partial Year Sofid Waste Service Assessment was 18 duly levied, Ehat the Part.ial- Year Sol-id WasEe Service Assessment was duly made and adopted, and lhaE al-I other proceedings adequate to such Partial Year Sol-id waste Service Assessment were duly had, t.aken and performed as required by this Ordinance; and no variance from tshe directions hereunder shal-I be held material- unless it be cJ-ear]y shown that the party objecting was materially j-njured thereby. NotwithsEanding the provisions of this section, any party objecting to a Partiaf Year Solid Wast.e Service Assessment imposed pursuant to Ehis Ordinance must file an objection wj.th a courc of compet.ent. jurisd j-ction wiE.hin t.he t.ime periods prescrj-bed herein. SECTTON 2.10. CORRE TION OF ERRORS AND OMISSIONS. (A) No act of error or omission on t.he part of the Propert.y Apprai.ser, Tax Collector, City C1erk, Cj-ty Commission, or t.heir deputies or employees, shall- operate to release or discharge any obligatsion for payment. of a Partial Year Solid Waste Service Assessment imposed by t.he City Commission under Ehe provisions of this ordinance . (B) when j-ts shall appear t.hat. any solid waste Service AssessmenL should have been imposed under this Ordinance against. a parcel of propert.y specially benef j-ted by the provision of solid waste col-lection and disposal services, programs or facilities, but that such property was omitted from the Assessments RoII, the Cit.y Commission may, upon provision of appropriate notice as set forth in this Artj-c1e II, impose the applicabl-e Partial Year Solid waste Service AssessmenE. for t.he Fiscal Year in which such error is discovered, tsogether with any other del-inquent or prior unpaid 19 charges or fees for Solid waste managements services provided to such propert.y. Such Partial Year Sol-id Waste Service Assessment shal1 become delinquent if noE fuJ.Iy paid upon the expiraEion of 90 days from the date of the adoption of said resolution. The Partial- Year Solid waste Service Assessment so imposed shall- constiEuEe a lien against such properEy equaL in rank and dignity with tshe l-iens of all state, county, district, or municipal t.axes and special assessments. and superj-or j-n rank and dignity t.o all other prj-or liens, mortgages, tj-tLes and claims in and to or against Ehe real property invo]ved and may be collect.ed as provj.ded in Artic]e III hereof . (C) The Citsy Clerk shal-l- have the authority at any Eime, upon her own init.iative or in response to a timely f j-Ied peEition from the owner of any propert.y subject Eo a Part.ial Year Solid waste service Assessment, to corrects any error in applying Ehe Solid wast.e service Assessment. apportionment method to any particular parcel of properEy noE oEherwise requiring Ehe provision of notice pursuant Eo Ehe Uniform Assessment Collection AcE. Any such correction shal1 be considered valid ab initj-o and shall in no way affect. the enforcemenE of the Partial Year Solid waste Service Assessment j-mposed under the provisi.ons of this Ordinance. Any such correct.ion which increases a Partial- Year Solid Waste Service Assessment, shal-I first reguire a.notice to the affected owner at t.he address shown on the Tax RoI1 notifying the ohtner of the date, time and place t.hat the Board will consider confirming the 20 correct j.on and offering the Owner an opportunj.ty Eo be heard at. thaE t.ime. 2L ARTICI.,E III COI,I,ECTI ON OF PARTIAI YEAR SOLID WASTE SERVICE ASSESSMENTS SECTION 3.0].. METIIOD OF COI,LEqTION. (A) Unless otherwise directed by the Citsy Commission, the City shaI1 provide ParEial Year Solid waste Service Assessment bills by first cLass maif to each owner of Assessable Property shown on the Assessment Rol-l as approved by the Partsi.aI Year AssessmenE Resolution. The bilI or accompanying expLanatsory mat.erial shalI inc]ude (1) a brief explanation of the Partial- Year Solid Waste Service Assessment and the period covered by the assessmenE, (2) the unit of measurement Eo be applied against each parcel Lo determine the assessmenE, (3) the number of uniEs contained within each parcel, (4) the amoun! of any unpaid or delinquent fees or charges due the City for Solid Waste management and disposal- services or facilities. (5) the total- amount of the Partial Year Solid Waste Service AssessmenE to be levied agains! each parceJ-, (5) notice thaE Ehe Partial Year Solid waste Service Assessment const.itut.es a Iien against such property egual in rank and dignity with the liens of all state, county, dj-strj-ct and municipal taxes and special assessments for the current year. (7) a statemenE identifying the date or dates the Partial Year Solid Waste Service Assessment shown thereon is due and payable, and (8) the location at. which pa)rment will be accepted. (B) A general notice of Che l-ien resulting from imposition of the Partial Year SoLi-d Waste Servi-ce Assessment shaLl be recorded j-n the Official- Records of the County. Nothing herein shall- be 22 const.rued to require that individual liens or releases be filed in the official Records . (C) The City sha11 have the righE Eo appoint or retain an agent to forecLose and collect a1J- delinquents Partial Year Solid wasEe. Service AssessmenEs in any lawfuf manner. A Partial Year Solid wast.e Service Assessment sha11 become delinquent if it. is not paid on or before Ehe date any installment is due. The City or its agent sha11 not.ify any property owner who j-s delinquent i,n payment of his or her Partial Year Solid waste Service Assessment. within 50 days from the date such assessmenE was due. Such notice shall state in effect that the City or its agent wj-lI either (1) init.iate a foreclosure action or suj-t in equj-ty and cause the forecl-osure of such propertsy subject to a definquent Partial Year Sofid Waste Service AssessmenL j-n a met.hod now or hereafter provided by 1aw for foreclosure of mortgages on real property; or (2) cause an amount equivalent to the delinquent Partsial Year Solid Wast.e Service Assessment, noE previously subject to collection using the uniform method under t.he Uniform Assessment Col-Iection Act, to be collecEed on the tax bj.l-l- f or a subsequent. year. (D) A11 costs, fees and expenses, includj-ng reasonable atEorney fees and Eit.le search expenses, related tso any foreclosure act.ion as described herej-n shall be included in any j udgment. or decree rendered therein. At. t.he sale pursuant to decree in any such action, the City may be t.he purchaser to t.he same extent as an individual person or corporaE.ion. The Clty may join in one foreclosure action the collection of partial_ year Solid Waste 23 Service AssessmenEs against any or alI properEy assessed in accordance with the provisions hereof. All- delinquenE Owners whose property is foreclosed shal1 be liabl,e for an apport.ioned amount. of reasonable costs and expenses incurred by the Citsy and it.s agents, including reasonable attorney fees, j-n collecEion of such delinquent Partial Year Solid waste Service Assessmentss and any other costs j.ncurred by the CiEy as a resulE of such delinquent Partial Year Sofid Waste Service Assessments and the same shall- be collectible as a part. of or in addition to, the costs of the act. ion . (E) In lieu of foreclosure, any delinquenE Partial Year Solid waste Service AssessmenE and tshe cosEs, fees and expenses attributabl,e thereto, may be collected pursuant to the Uniform Assessment Col-lection Act; provided however, that. (1) not.ice is provided to the owner in the manner required by 1aw and this Ordi-nance, and (2\ any existj-ng lien of record on Ehe affected parcel for lhe delinquent Part.ial Year Solid Wast.e Service AssessmenE is supplanted by the lien resulEing from certificat.ion of the Assessment. Rol-1, as applicable, to the Tax Co11ect.or. (F) Any City Commission action reguired in the collecEion of Partial Year Solid Waste Service Assessments may be by resolutsion. SECIION 3.02. RESPONSIBITITy FOR EI{FORCEMEIIT. It shaLl be the duty of the City and it.s agent, if any, to enforce the prompt collection of Partial Year So1id Waste Service Assessments by the means herei.n provj-ded. The dutsies related to collect.ion of par!ial_ Year Solid waste Service Assessments may be enforced at the suit. of 24 any hol-der of obligations, if any, Solid wasEe Service Assessments jurisdiction by mandamus or other action. secured by such in a court appropri ate Partial Year of competenE proceedings or 25 ARTI CLE IV GENERAL PROVISIONS SECTION 4.01. APPLICABILITY- This ordinance and the City's authorj-ty E.o impose assessmenEs pursuant hereEo sha1I be applicable throughouc the City. SEqIION 4.02. SEVERABILITY. The provisj-ons of thj.s Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any courE of competent jurisdiction, the remaining provisions of thj-s Ordinance shalf not be affecEed thereby. SESTION 4.03. ALTERNATM II{ETHOD. This Ordinance sha1l be deemed to provide an additional- and alternative method for the doing of the things authorized hereby and sha11 be regarded as supplemental and addit.ional to powers conferred by other 1aws, and sha11 not be regarded as in derogation of any powers now existing or which may hereaftser come int.o existence. This ordinance, being necessary for the weffare of the inhabitants of the City. shal1 be 1ibera11y construed to effecE the purposes hereof. 26 SECTION 4.04- EFFECTIVE DATE. That tshis Ordinance shall be in force and take effectsive immediaEely upon its passage and adopE ion . PASSED AIiID ADOPrED on First Reading on Lhe 27Eh day of February, 1995. PASSED AND ADOPTED on Second and day of March, 1995. Final Reading on rhe 12th - COMM I SS I ONER AI IESI : CITY CLE ITO APPROVED AS TO FORM AND CORRECTNESS 4-"^-l C A4/'-./ CITY ATTORNEY 27 ORDINANCE NO. O1-96 (- CITY OF DANIA, FLOR]DA 1995 PART IA]-, YEAR SOLID WASTE SERVICE ASSESSMENT ORDINANCE ADOPTED March 12th , :..99G TABLE OF COMTENTS ART]CLE I INTRODUCT ION DEFIN]TIONS INTERPRETAT I ON F IND INGS ARTICLE II PARTIAL YEAR SOLID WASTE SERVICE ASSESSMENTS GENERAL AUTHORITY INITIAL PROCEEDINGS INITIA].,, ASSESSMENT ROLL NOTICE BY PUBI-,ICATION ADOPTION OF PART IA].,, YEAR ASSESSMENT RESOI.,UT ION EFFECT OF' PARTIAL YEAR ASSESSMENT RESOLUTION LIEN OF SOLID WASTE SERVICE ASSESSMENTS REVISIONS TO PART IA]-,, YEAR SOL]D WASTE SERVICE ASSESSMENTS . PROCEDURAI., IRREGUI,ARITIES CORRECTION OF ERRORS AND OMISSIONS PAGE SECTION 1.01. SECTION 1.02. SECTION 1.03. 1 8 8 2.06. 2.O7 .2.08. SECTION 2.09. SECTION 2.10. SECT ] ON SECTION SECT ION SECT ION SECT I ON SECT I ON SECT I ON SECTl ON SECTION SECTION 2.0L. 2.02. 2.03 .2.04.2.05. t4 L4 15 15 t'7 1_7 18 18 19 ARTICLE III COLLECTION OF PARTIAL YEAR SOLID WASTE SERVICE ASSESSMENTS 3 .01.METHOD OF COLLECTION RESPONSIBILITY FOR ENFORCEMENT ARTICLE IV GENERAL PROVISIONS APPLICABILITY. SEVERABILITY ALTERNAT IVE METHODEFFECTIVE DATE 22 24 SECTION 4.0].. SECTION 4.02. SECTION 4.03 . SECTTON 4 .04. 26 25 25 1 f0Rr 80 cA sull-sExTrXEL. PUSLITIIEO DIILI LIUDERDtLET BlOIlnD COUIfYe fLORI0l RATOtlr PrLil BEtaX lOUltTYr FLORIDT llIAtI e DrDE COUt{TYe fL0RIDA STTTE OF TLORIDA c0 ITY OF gROT IRD,PALIi ONE THE UI{DE I6I{ED xotlcE oF HEAnIT{OBEFORE CITY COM. MTSSION CITY OF DANIA,FLORIDA REGAHDING ADOPTION OF THE FOL.LOWING P ROPOSEO ORDINANCE NOITCE IS HEBEBY GIV. EN that th€ CitY Commis_ slon ol the clti ol Dania Florlda. on Marah 12. 1996al 7:30 P.M. or as soonthereafler as lhe maller mav be heard, will conducl a D'ubllc hearlng in the CilYc6mmllllon room ol the Danla CllY Hall. 100 WestDsnla B6ech Bouteverd,rr6nia. Florlda. to consider rhe proposed 6doplmn olthe rollowlng ordlnanceenlill6d:AN ONOINANCE RE- LATING TO THE COLLEC-TION AND DISPOSAL OF SOLID WASTE IN THE CITY A ? SET CB 'D T'E TUTHORITY PERSOXALLY T PPET TED .. UHO OH OATH SA YS TIIIT ED N EPRESEiTATIYE OF THE THE S UL-S €l{T I tl EL, DIILrgnolrnorplli BE lcll / DADE C0UHfI r ED COPI 0F IgYERfISEiEITT EEIllS I StLl t{E5s APER LY AUTH 0 DEPARTi€HT UELISHED III T THE ITTACH IS FIED TLORIDT TNt xorr cEorHE rnrt6 Iil Tfl€ IIIT T€R OT COLLECTIOII t DISPOSAL IX TttE CInCUIT COUiTe llls R'BLISHED Ilt SttD XEIS?APER rHE ISSUES OFC t Oll0?t l I IfFIIilT fURTHiR STTS TilAT THE STID SUII'IEIITIXEL IS A X€ISPAPEN PUELISHEO II{ STID BfOTIND'PILil EETCH''TDE t0UirYe FL0IIDIz rID TXAr fiaE SAID IIEISPIPER HIS rEXEf :EI COXTI}IUOUSLY PUBLISHED IH SIID BNOTIR9,PILT SETCH Yourrv, tLoRrDAr EAGII DAYr lxD llls EEEI{ ExrERgo ls sEt CLASS mrf En lT TilE POST OTFICE Ill fORT LAUDEIDALEz lX SIOltnD GOUI{IYI FLORIDAz F0R I PEnIOD Of OIE YEAI IEXI PRECEDTilG THE FIRST PUBLICATTOil OT THE ITTACHED COPI' O IDYTRTtSEIIEttTi AIIg TFFtTilT TURTI{ER SItS THTT H€'S}IE HT IEITHER PIIO IoR PR0TISED lltY PIRSOXT FIRi On C0RPOiAI ItaY DISCOUIITI REBIT€I COIiISSI0X 0R REFUXD r0n THE PUR OT SECUIIIIG TI{IS IDYERTISEiEXT FON PUELICITIOI tH $TID TEISP PET. (S G flE A HT) st0 it ANO SU35CRISED BEFORE iE THIS 02 DTY OF TANC}Ir.D- r996 Il ?[o?ilIfu liT'?,]i,d.!-TION AND COLLECTIONOF PARTIAL YEAF SOLID 2 s 7 E 0 luAi+s ?NE1"J35 l3i'^.3i CERTAIN IMPROVED RESI-DENTIAL PROPEBTYWITHIN THE INCOFPO.RATED AREAS OF THECITYiSEfiINO FORTH THE of o r E EB8P-'3',i'-i'{31 Jl';,orDE iSs8sHA,.JS :jl']fiEolll PEqloD oF APRTL 1. 19e6-Jrro Idi3"r:8"3',BIS3?58COLLECTION OF PARTIALYEAF SOLID WASTE SER.- VICE ASSESSMENTS: ANDPROVIDING AN EFFECTIVF. DATE,a, A coDy ol this orooose.tt0x 3ii,::Tii,:'""X,8E,ilJll:pOS E Ha , 100 wpsl banra Beac6Eourevard Dania. Florril.and may be inspecled bvthe pubtic duririo normitworkino hours. - Inlerested parties mavappear al the atoresatameettng and be h€ard w hrespect to the DroDosedAny person viho' decidesto appe6t any decisionmade by the Cilv Comh,s-sion with respe;l to anvmaller consldered at thiiheartng wilt need 6 record otthe proceedings and Iorsuch puroose mav need t.ensurs that a vsibatim re-cord ot lhe Droceedinos ismade, whtch r€cord in-cludss lhs toslimonv a..ievtd€nc€ upon whtih theappe8r is to bs base.i- M6rl€ Jabeteo, Cfiv ClarkMlrch 2. t90a( srGri of &m8tofllglrc)ffi uYmSEXr octutr, ffiE8,8a,rsu6nirfiorrrStltE!,r. - ITiE OF TOTATY T?P PESSOXALL' (HOTII .. PEIfiTED OR S'TIiPE D ) 0fl PIOOUCED ID€IITIFICTTIOX .. t