§ 32-160. Full solid waste and recycling collection service.

(a)

Compliance with article. All persons owning or possessing property entitled to full solid waste and recycling service are required to accept full service as set forth in this article, and shall dispose and recycle residential waste materials and designated recyclables generated on the property only through the full service provided pursuant to this article and shall comply with the relevant provisions of this article and the program requirements. However, this article shall not preclude a consumer from occasionally transporting residential waste materials and designated recyclables generated on their own property to an appropriate disposal or recycling site.

(b)

Curbside pickup. All persons owning or possessing property entitled to full solid waste and recycling service shall receive such service in accordance with the program requirements. The franchisee shall collect garbage, designated recyclables, yard waste and bulk trash placed at the curb or roadside according to the provisions of the residential franchise agreements. Franchisees shall not collect any prohibited residential wastes. A consumer's bulk trash may not be collected if determined by the director to be incompatible with collection equipment or the county's waste management system or of such weight or quantity as would significantly hinder the effectiveness of the collection or disposal system.

(c)

Rear door pickup. The franchisee shall collect garbage and designated recyclable materials from the residences of disabled persons from the side or rear of the house within an area no further than one hundred (100) feet from the curb or other public road frontage in accordance with the residential franchise agreement. All such rear door pickup shall be on days designated by the director, except during weeks which have holidays as approved by the director.

(d)

Ownership. From the time of placement of garbage, designated recyclable materials, yard waste and bulk trash for franchisee collection at the curb or other approved area by any consumer pursuant to the full solid waste and recycling collection program and the requirements hereunder, such materials shall become and be the property of the county. It shall be unlawful for any person (other than the franchisee, authorized personnel of the county, or other persons authorized by the county) to collect, pick up, or cause to be collected or picked up, any such garbage, designated recyclable materials, yard waste and bulk trash except as provided herein. This shall not preclude consumers from voluntarily recycling their own solid waste or recyclable materials prior to placement of the materials at curbside.

(e)

Right to inspect containers. From the time of placement by any consumer or commercial generator at the curb or other approved area, the franchisee, licensee, and/or the county, including any county employee designated by the director, shall have the right to inspect containers and recycling containers for compliance with this article.

(f)

Placement of residential materials and recyclables.

(1)

Minimum countywide standards. Except as otherwise provided, all consumers shall place residential waste materials and designated recyclables within three (3) feet, or as near to the paved or improved roadway abutting the consumer's property as safely possible on days designated by the director for garbage, designated recyclable materials, yard waste and bulk trash collection. Consumers who reside on a private road must allow access onto such road or must place the residential waste materials and recyclables within three (3) feet, or as near as safely possible, to the nearest accessible public right-of-way. Consumers who reside on a dirt road, if not accessible to collection vehicles as determined by the director, shall place the residential waste materials and recyclables within three (3) feet, or as near as safely possible, to the nearest accessible public right-of-way. Consumers shall place such residential waste materials and recyclables in a location allowing for unobstructed collection. Placement and containerization shall be in accordance with this article and the program requirements. The director shall have the authority to approve or specify the precise location for placement of residential waste materials and recyclables for collection. Placement shall be made by consumers no earlier than 6:00 p.m. on the day preceding the designated collection day. Franchisees may begin collection of residential waste materials and recyclables at 6:00 a.m. on designated collection days. The consumer's residential waste materials and recyclables should be placed curbside by 6:00 a.m. on designated collection days to ensure collection. The consumer's residential waste materials and recyclables will not be collected if they are placed curbside after the franchisee has serviced the consumer's area, provided that the franchisee began collection after 6:00 a.m. Containers shall be removed from the roadside within twelve (12) hours of collection.

(2)

Additional restrictions within bear management areas. County-issued roll carts containing household garbage must be maintained in a secured area and placed at the curb for collection between 4:00 a.m. and 6:00 a.m. on collection day. As an alternative, consumers may use a county-approved bear resistant roll cart in place of the standard county-approved roll cart specified in the program requirements.

(g)

Use of containers. All consumers shall utilize a container or containers as specified in the program requirements. Yard waste may also be bundled in accordance with section 32-189 of this Code. All garbage and yard waste conducive to containerization shall be stored in containers until disposed of pursuant to this article. Any container used for collection or storage of garbage or yard waste failing to meet the standards prescribed by the program requirements shall be clearly marked by the franchisee, specifying the manner in which the container fails to meet these requirements. Such containers shall be removed from service by the furnishing party. Upon failure of the furnishing party to remove the container from service, after written notice by the franchisee, the franchisee shall notify the director who may have the container removed and destroyed by the county or the franchisee.

(h)

Use of recycling containers. All consumers shall utilize a container or containers for designated recyclables as specified in the program requirements. The county or franchisees shall provide recycling containers for holding designated recyclable materials at curbside. The recycling containers are the property of the county and shall remain at the property entitled to full solid waste and recycling collection service. Consumers shall be responsible for maintaining their respective recycling containers. It shall be unlawful to willfully damage, vandalize, or steal any such recycling containers. Only designated recyclables shall be placed in recycling containers.

(i)

Responsibility of residential franchisees. Residential franchisees shall perform all actions as may be required by the board of county commissioners to ensure full solid waste and recycling collection services are provided as agreed to by agreement and/or as described in this article. Where a conflict arises between provisions implied or expressed in this article and any agreement executed by the franchisee and the board, the implied or express provisions of this article shall prevail and shall be deemed incorporated in such agreement as if expressly included. Failure to meet the terms and conditions of this article or an agreement between the franchisee and the county shall be a basis for the county to suspend or terminate the franchise.

(j)

Special assessments; collection of special assessments; authority to collect under MSBUs:

(1)

Special assessments imposed. All persons owning property that are entitled to full service shall be obligated to pay a charge for full solid waste and recycling collection service. Such amounts shall be set from time to time by resolution of the board of county commissioners after public hearing with public notice in the same manner as for county ordinances.

(2)

Collection of special assessments; establishment of municipal service benefit units. Pursuant to F.S. § 125.01, the board is authorized to establish, by resolution, municipal service benefit units (MSBUs). Pursuant to Resolution 85-SW-06 the board of county commissioners has created an MSBU to encompass all franchise areas. The MSBU may be expanded, contracted, split-out, merged or abolished by resolution. Within the MSBU the board of county commissioners shall impose special assessments upon property entitled to full service. Pursuant to law, special assessments imposed in the MSBU shall be collected in the same manner as ad valorem taxes and shall be subject to the same discounts, liens, and certificates. However, these special assessments shall be imposed annually in advance, not in arrears.

(3)

Development of rules and regulations. As necessary, the director shall develop, and propose to the board for approval by resolution, all rules and regulations necessary for the orderly collection of special assessments imposed by the board of county commissioners under this section. All such rules and regulations shall be fully consistent with and cumulative to F.S. ch. 197 and all other applicable laws of the state.

(Code 1965, § 15-45; Ord. No. 85-17, § 5, 6-10-85; Ord. No. 87-23, § 5, 7-20-87; Ord. No. 90-14, § 3, 6-25-90; Ord. No. 91-28, § 3, 12-17-91; Ord. No. 94-18, §§ 6, 12, 8-30-94; Ord. No. 97-23, § 1, 12-16-97; Ord. No. 2008-03 , §§ 1, 2, 2-5-08; Ord. No. 2016-24 , § 3, 11-1-16)