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ORDINANCE NO. 96-0-06
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER,
FLORIDA, REGARDING ARTICLE VI (SOLID WASTE
DISPOSAL) OF CHAPTER 19 (UTILITIES AND
SERVICES) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA; AMENDING SECTION 19-63
(SERVICE CHARGES AND RATES) TO PROVIDE FOR
THE ESTABLISHMENT OF GARBAGE AND TRASH RATES
BY RESOLUTION OF THE CITY COUNCIL AND BY
DELETING PROVISIONS ESTABLISHING SERVICE
CHARGES AND RATES; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has determined that it is appropriate to establish garbage and
trash rates by resolution.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF SECTION 19-63 (SERVICE CHARGES AND
RATES) OF ARTICLE IV (SOLID WASTE DISPOSAL) OF CHAPTER 19
(UTILITIES AND SERVICES) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA.
Section 19-63 is amended as follows:
Section 19-63. Service Charges and Rates.
(a) The city shall maintain and operate a service for the
collection and disposal of garbage and trash, and all persons whose
premises are serviced thereby shall pay to the city for such
services the follo'iing monthly rates as established bv resolution
of the City Council.+
(1) Rcaidcnocl
Ten dollaro and fifty cento ($10.50)
per month up to a maximum of three ( 3 ) cano or equi't"yalent per
pickup. For each additional can in Olmeoo of three (3) cano there
ohall be an additional charge of one dollar and bmnty cento
( $ 1. 20) per can.
(2) ..1ul tiplc dJifClliR!J I
Ten dollaro and fifty cento
( $ 10.50) per month to a ma][imum of three (3) cano or equivalent per
pickup. For each additional can in Olmeoo of three (3) there ohall
be an additional charge of one dollar and bl7enty cento ($1.20) per
can. ^ charge of nine dollaro and oeventy five cento (9.75) per
month per unit ohall be made if the garbage and traoh io centrally
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located.
(3) BllaiReOG or oommeroial, ~il'CI yyye dollaro ($ 12.00) per
month for each coHlfftercial or buoineoo unit up to a maJdHRlm of three
( 3 ) cano or equi YJalent per picJmp.
For each additional can in
Olmeoo of three (3) there ohall be an additional charge of one
dollar and twenty cento ($1.20) per can.
(4) ProfeGGioRal, Ten dollaro and fifty cento $10.50)
per month for each profeooional unit up to a maJciHRlm of three (3)
cano or equiYJalent per pickup. For e.::l.ch additional can in Olcceoo
of three (3) there ohall be an additional charge of one dollar and
twenty cento ($1.20) per can.
(5) Trailer park, Ten dollaro and fifty cento ($10.50)
per trailer or mobile home unit up to a malCimum of three (3) cano
or equivalent per pickup.
For each additional can in elCceoo of
three (3) there ohall be an additional charge of one dollar and
biCnty cento ( $ 1.20) per can.
A charge of nine dollaro and
oeventy five cento ($9.75) per month per trailer or mobile home
ohall be charged if the garbage and traoh arc centrally located
within the mobile home p.::l.rk.
(6) Eqllipment reserve fllnd, in addition to the above
otated refuoe account, there io an equipment reoerve fund in the
City of Edge~mter, Florida, created on September 28, 1981, for the
purpooeo of financing equipment uoed in the collection and diopooal
of garbage and traoh within the city in addition to the above
otated ch.::l.rgeo. Each account ohall be ch.::l.rged an additional fifty
cento ($0.50) per month, per account, o.::l.id fundo being placed in
the oeparate equipment reoerve fund for the aforementioned purpooe.
(7) Citywide reoidential recycling fcc, One dollar and
fifty cento ($1.50) per month, for \i'eekly curboide collection
oervice for paper, glaoo, plaotic, corrugated cardbo.::l.rd, aluminum,
.::I.nd met.::l.l cano beginning June 28, 1991.
(b) The fees established bv resolution of the City Council
provided herein shall be collected by affixing the amount of same
to the monthly statements for the use of water; provided, however,
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separate statements shall be rendered to all persons who do not
receive a monthly water statement. The established abo~c otatcd
fees shall be applicable irrespective of whether the residence, the
multiple dwelling, the business or commercial establishment,
professional unit or the trailer park is using city water or sewer
services.
The city shall make an initial determination of the
number of units within hotels, motels, and multiple businesses, and
the number of lots, plots, or spaces within trailer parks with
trailers thereon, and each hotel, motel, multiple business, and
trailer park shall be billed for garbage and trash on the basis of
the units or lots therein. The city may adjust the number of
billable units when it shall determine that the actual number of
units or lots has changed during the billing period.
(c) The charges and fees established bv resolution of the
City Council prcooribcd by thio ocotion are due and payable for the
services of garbage and trash collection and its availability to
the user, whether such service is used or not, except as expressly
provided otherwise herein. A delinquency charge of ten (10) per
cent of the amount due for garbage and trash service shall be
charged against the customer by the city if the customer shall fail
to pay the charges due for garbage and trash service within twenty
(20) days of the billing date of said service. Should there be a
failure by the customer receiving garbage and trash service to pay
his bill in full for said service not later than thirty (30) days
from the billing date for said service, then said garbage and trash
service shall be terminated.
The city shall have a lien on all
lands or premises serviced by the garbage and trash collection
service of the city for garbage
and trash collection service
charges and fees until paid in full.
Notice and enforcement of
such liens shall be in accordance with the laws of the State of
Florida.
Such liens, when delinquent for more than thirty (30)
days, may be foreclosed by the city in the manner provided by the
laws of Florida for foreclosure of mortgages on real property. The
owner of real property upon which a lien is filed shall be
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responsible for attorney's fees incurred in any action brought by
the city, for lien enforcement or lien foreclosure.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of the City of Edgewater, Florida, and the word
"ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts C through G shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take effect on October 1, 1996.
PART F.
ADOPTION.
After Motion by Councilman Mitchum and Second by Councilman
Hatfield, the vote on the first reading of this ordinance held on
July 1, 1996, was as follows:
Mayor Jack H. Hayman, Sr.
AYE
Councilman Danny K. Hatfield
AYE
Councilwoman Louise A. Martin
AYE
Councilman Mike Hays
ABSENT
Councilman David L. Mitchum
AYE
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After Motion by Councilman Hays and Second by Councilman
Hatfield, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. ABSENT
Councilman Danny K. Hatfield AYE
Vice Mayor Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 15th day of July, 1996.
CITY COUNCIL OF THE
CITY OF ED07ATEW, FLORIDA
BY
Louiee A. Martin
Vice Mayor
APPROVED FOR FORM
AND CORRECTNESS:
i
Erista A. -Sto y
City Attorney
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