DIVISION 1. GENERALLY

Sec. 14_16. Short title.

This division shall be known as the "Hernando County Solid Waste Ordinance."

(Ord. No. 80_11, § 1, 9_2_80)

Sec. 14_17. Applicability.

This division shall constitute a uniform law applicable in all incorporated and unincorporated areas of the county to the extent allowable under the provisions of Article VIII of the Florida Constitution of 1968.

(Ord. No. 80_11, § 10, 9_2_80)

Sec. 14_18. Definitions.

As used in this division:

Board shall mean the board of county commissioners.

Dead animals shall mean dead animals not intended for use for food purposes.

Department of public works shall mean the director of the county department of public works and any of his authorized representatives.

Health department shall mean the director of the environmental health sSection of the county health department and any of his authorized representatives.

Garbage shall mean waste products of animal or vegetable origin resulting from the growing, processing, marketing and preparation of food items including the containers in which they are packaged.

Hazardous waste shall mean materials which are:

(1) Toxic or poisonous;

(2) Corrosive;

(3) Irritating or sensitizing;

(4) Radioactive;

(5) Explosive; or

(6) Flammable and that present a significant hazard to human health or the environment.

Manure shall mean body waste of animals and fowl and cleanings from all barns, stables, corrals or pens used for stabling, caging or penning of animals or fowl.

Offal shall mean waste matter from butchering, slaughtering and packing operations.

Pathological waste shall mean:

(1) Equipment, instruments, utensils and fomites (any substance that may harbor or transmit pathogenic organisms) of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease;

(2) Laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients) and disposable fomites attendant thereto, and,

(3) Surgical operating room pathologic specimens and disposable fomites attendant thereto and similar disposable materials from outpatient areas, emergency rooms, private medical facilities and veterinary offices.

Person shall be construed to include any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, or any other entity whatsoever, or any combination of such, jointly or severally.

Sheriff shall mean the sheriff of the county along with his deputies.

Trash shall mean waste material not of a putrescible nature; included are stumps and logs, car bodies, refrigerators, stoves, tires, building and road materials, tree trimmings, paper boxes and all such similar material.

(Ord. No. 80_11, § 2, 9_2_80)

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Sec. 14_19. Solid waste storage.

The following standards and requirements are hereby established as a minimum for the sanitary accumulation and storage of solid waste pending collection and/or removal to an approved disposal facility:

(1) Garbage.

a. Garbage containers for other than bulk accumulation shall be of galvanized metal or plastic and shall be provided with tight fitting lids, or other suitable approved container.

b. Individual garbage containers shall be a maximum thirty_two_gallon capacity. All garbage cans over ten_gallon capacity shall be equipped with hand grips on opposite sides of the container. All cans of ten (10) or less gallon capacity shall be equipped with a bail handle. Both handles and bails shall be adequate to support the weight of a full container without bending or breaking.

c. Containers shall be maintained in a clean and sanitary condition, free of cracks and holes, leak_proof and rodent_proof.

d. Areas where garbage containers are kept shall be maintained in a clean sanitary manner, free of spilled garbage, wastewater and odors.

e. Bulk garbage storage units such as dumpsters shall be maintained in a clean, nuisance free manner and shall be cleaned after each emptying or with such frequency as necessary to comply with the intent of this sSection.

f. All garbage shall be prewrapped in leak_proof plastic containers before being placed in any bulk storage container.

g. All commercial facilities constructed after the effective date of Ordinance No. 80_11 shall have facilities available for proper cleaning of bulk garbage storage containers.

(2) Hazardous wastes.

a. Hazardous waste materials shall not be commingled with other solid waste.

b. Hazardous waste shall not be stored, collected, transported or disposed of in the county except as provided in current Environmental Protection Agency regulations.

c. Hazardous wastes shall be properly identified and packaged according to the particular material involved.

d. No hazardous wastes shall be disposed of in the county without first securing a permit from the board of county commissioners.

e. Existing hazardous waste disposal sites shall within sixty (60) days of the effective date of Ordinance No. 80_11 comply with the provisions of this division for such disposal.

(3) Pathologic wastes.

a. Pathologic wastes shall be packaged tightly and in a manner which will minimize the potential for accidental exposure.

b. All disposable needles shall have the tips removed or be otherwise broken and shall be properly wrapped prior to being stored for collection.

(Ord. No. 80_11, § 3, 9_2_80)

Sec. 14_20. Disposal; exceptions.

(a) Garbage, offal, or trash mixed with garbage, offal, or any combination thereof shall be disposed of only at an approved sanitary landfill or other permitted disposal site. Such materials shall not be disposed of by being placed in any natural or artificial body of water. The owner of a five_acre tract of land or larger may dispose of his own solid waste on his own property.

(b) Properly constructed and maintained compost facilities shall not be construed as a violation of this division.

(c) Open burning of garbage, offal, trash and manure or trash mixed with garbage, offal, or manure is hereby prohibited as a violation of this division; provided, however, that, this shall not be construed to prohibit burning of leaves, yard clippings and similar materials where a burning permit has been obtained and the conditions will not create a nuisance or hazard to neighboring residents.

(d) It shall be prima facie evidence of a violation of this division if abandoned or dumped material disposed of in a manner other than outlined in this division can be established as having originated with a particular person and such person has allowed such material to be dumped, discarded, abandoned or disposed of in an area other than an approved disposal site, unless such person has contracted for the disposal of waste material with an approved garbage franchise.

(e) All garbage, offal, and trash shall be removed to an approved sanitary landfill or other permitted disposal site at sufficient frequency to prevent a sanitary nuisance. In no case shall garbage be removed less than once per week. Such removal shall be at the expense of the owner and/or occupant of the premises either by a franchised collection service or by the owner or occupant.

(f) All construction materials shall be securely and properly contained on the construction site during the construction period so as not to create an unsightly condition or so as not to be scattered over other properties in the area. After completion of construction and not more than fifteen (15) days thereafter, all remaining or discarded materials, trash or debris shall be completely cleared from the construction site.

(1) Without limiting the foregoing, the following specific violations of this subsSection are hereby designated for enforcement pursuant to the terms thereof or any other applicable provisions of this Code.

a. Container required; penalty. It shall be unlawful for any person to operate or maintain a construction site without a container for containment and disposal of construction or utilslition debris, when construction materials which are subject to dispersal to adjacent properties if uncontained are present on the site. A violation of this paragraph may be noticed in a notice of violation to the violator and a reasonable time for compliance shall be allowed prior to citation or arrest.

b. Containment of materials required; penalty. It shall be unlawful for any person to operate or maintain a construction site if all construction materials are not securely and appropriately contained on the construction site in accordance with the requirements of this subsSection.

1. A violation of this paragraph that does not involve or include dispersal of construction materials beyond the limits of the construction site shall be noticed in a notice of violation requiring immediate correction, and the time for compliance shall be reasonably determined based on the particular facts and circumstances, but may not exceed seventy_two (72) hours.

2. A violation of this paragraph which involves dispersal of construction materials beyond the limits of the construction site or parcel of property on which work is occurring shall be presumed to be irreparable in nature, and an immediate citation may be issued or arrest made.

c. Burial of certain materials unlawful; penalty. It shall be unlawful for any person to bury, or authorize or require to be buried, any type of building or construction materials or natural vegetation, excluding grass and sod, except where such material is incorporated into a structure below grade in strict accordance with permitted building or construction plans. A violation of this paragraph shall be presumed to be irreparable in nature, and an immediate citation may be issued or arrest made.

d. Allowing or permitting certain dispersal of construction materials unlawful; penalty. It shall be unlawful for any person operating or maintaining a construction site to allow or permit construction materials to be dispersed in any manner, including but not limited to man_made, weather_related or other natural or unnatural means, onto any property other than the construction site on which such work is occurring, unless such property is specifically designated and permitted for disposal of construction and utilslition debris and such disposal is accomplished in compliance with all applicable requirements. A violation of this paragraph shall be presumed to be irreparable in nature, and an immediate citation may be issued or arrest made.

(2) For purposes of this subsSection, the following terms shall have the meanings specified:

a. "Construction materials" shall mean trash, packaging, discarded materials or debris of any type generated by any activity on a construction site, whether or not such activity is directly related to construction.

b. "Construction site" shall mean any lot or that portion of an unplatted parcel of property upon which construction, alteration, repair, utilslition or remodeling of a principal structure is occurring, whether or not a building permit is required. Three (3) or fewer contiguous lots on which construction, alteration, repair, utilslition or remodeling of one or more principal structures is occurring shall be construed to be one "construction site."

c. "Person" shall mean a contractor, subcontractor or owner who operates or maintains a construction site; or an employee or independent contractor of any of them.

d. "Container" shall mean a receptacle for construction or utilslition debris which is sized appropriately for the scope and stage of a particular construction project, which is fully shielded with opaque sides so as to prevent view of contents from adjacent public or private property, and which is configured so as to prevent dispersal of contents from any opening.

(Ord. No. 80_11, § 4, 9_2_80; Ord. No. 2002_01, § 2, 1_29_02)

Sec. 14_21. Enforcement.

(a) The provisions of this division shall be enforced as set forth in sSections 14_22 and 14_23 of this division. Additionally, this division may be enforced pursuant to the provisions of the county environmental health ordinance, which provides for the levying of civil fines.

(b) The director of the environmental health sSection of the county health department shall be responsible for enforcement of this division, except that the director of environmental health, the director of code enforcement, and the building official, together with their officers and inspectors, shall be jointly and individually responsible for and charged with the enforcement of sSection 14_20(f) of this division, except that nothing herein shall prohibit or affect the jurisdiction of any authorized law enforcement officer to enforce the provisions of this division, nor shall any person issue a citation hereunder unless independently authorized to do so by other applicable laws or ordinances.

(Ord. No. 80_11, § 5.1, 9_2_80; Ord. No. 2002_01, § 3, 1_29_02)

Sec. 14_22. Penalties.

Unless otherwise provided in the penalty prescribed for an offense or infraction pursuant to sSection 14_20(f), a violation of this division may be prosecuted as a misdemeanor or as a civil infraction and shall subject any person violating any sSection of this division to punishment as provided in sSection 1_8 of this Code, or as provided in sSection 125.69, Florida Statutes, as amended from time to time. Procedures for citation as a civil infraction shall be subject to applicable provisions of sSection 125.69 or Chapter 162, Florida Statues, as amended from time to time. Each day that a violation of this division occurs shall constitute a separate offense.

(Ord. No. 80_11, § 6, 9_2_80; Ord. No. 2002_01, § 4, 1_29_02)

Sec. 14_23. Remedies.

In addition to all other remedies available, the board of county commissioners shall have the power and authority to apply for an injunction to enjoin any violation of this division. In the event a court of proper jurisdiction enjoins any violation of this division, the person so enjoined shall be required to pay all costs and attorney fees associated and required as a result of obtaining such an injunction.

(Ord. No. 80_11, § 7, 9_2_80)

Secs. 14_24__14_40. Reserved.

DIVISION 2. COLLECTION AND DISPOSAL REGULATIONS*

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*Editor's note: Ch. 14, Art. II, Div. 2 was replaced and revised in its entirety by Ord. No. 2000_01, adopted Jan. 18, 2000. Prior to said revision, Div. 2 contained similar subject matter and was derived from Ord. No. 87_11, adopted Mar. 17, 1987; and Ord. No. 88_10, adopted Apr. 27, 1988.

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Sec. 14_41. Short title.

This division shall be referred to as the "Solid Waste Collection and Disposal Ordinance."

(Ord. No. 2000_01, § 1, 1_18_2000)

Sec. 14_42. Authority.

This division is enacted under the home rule powers of the county to regulate the accumulation, collection, transportation and disposal of refuse in the interests of the public health, safety, and welfare of the citizens and residents of Hernando County. Wherever used in this division, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

(Ord. No. 2000_01, § 2, 1_18_2000)

Sec. 14_43. Findings.

It is hereby ascertained, determined, and declared that:

A. To ensure the health, safety, and welfare of the citizens of Hernando County, all solid waste generated in Hernando County must ultimately be deposited only at those disposal sites approved by the board.

B. Minimum solid waste collection requirements are needed to define the role of the solid waste collector and customer within Hernando County. This division defines the responsibilities of both the solid waste collector and the customer.

C. Franchise districts must be established to delineate geographical boundaries and to prevent solid waste collection companies from infringing on other disposal business within the county.

(Ord. No. 2000_01, § 3, 1_18_2000)

Sec. 14_44. Definitions.

For the purpose of this division, the following terms shall have the meanings ascribed to them in this sSection unless different meanings are clearly indicated by the context of their use:

Agreement or franchise agreement. A binding agreement between the board and a franchisee setting forth the terms, duration and other conditions for the franchise

Applicant. One who desires to obtain a residential franchise or commercial license to transport or collect solid waste for hire or remuneration or other consideration in Hernando County, Florida.

Backyard composting. The composting of organic solid waste, such as grass clippings, leaves or food waste, generated by a homeowner or tenant of a single or multifamily residential unit or an apartment complex unit, where composting occurs at that dwelling unit. The maintenance of a compost pile shall not create a nuisance.

Biomedical waste. Any solid or liquid waste which may present a threat of infection to humans. The term includes nonliquid tissue and body parts from humans and other primates; laboratory and veterinary waste which contains human disease_causing agents; discarded sharps; and blood, blood products, and body fluids from humans and other primates

Board. The Board of County Commissioners of Hernando County, Florida.

Bonds. Proposal, performance, and/or payment bond and other instruments of security furnished by the contractor and his surety in accordance with the contract documents.

Bulk waste or special waste. Solid waste that may require special handling and management, and which by reason of its bulk, shape, or weight cannot be placed in a container or bundled. This waste includes, but is not limited to, furniture, mattresses, box springs, white goods (such as refrigerators, stoves, hot water heaters), waste tires, large automotive parts, or bulky metal.

Bulk waste collection service. A service to the residential customer which may be required to be provided as part of a franchise agreement; specifically, the collection of bulk or special waste.

Callbacks. The return to the customer's premises for the purpose of rendering service based upon the customer's contention that his or her solid waste was not collected.

Commercial license or license. A license granted by the department to a solid waste collector to provide commercial service within the county at large on a free enterprise basis between the customer and solid waste collector.

Commercial service. The mechanical containerized pickup or container pickup provided by a commercial licensee to hotels, motels, roominghouses, tourist courts, travel trailer parks, campgrounds, rental mobile home developments, bungalow courts, apartment buildings with five (5) or more rental apartments, co_operative apartments, condominiums of five (5) or more units, business establishments, churches, schools, hospitals, office buildings, and any other business or commercial establishment whatsoever.

Commercial waste. Solid waste generated by stores, offices, restaurants, warehouses and other businesses, excluding residential waste from single_family or multifamily homes that pay the annual solid waste disposal assessment.

Construction and utilslition debris. Discarded material generally considered to be not water soluble and nonhazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or utilslition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or utilslition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally result from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project.

Container. A container made of non_absorbent material provided with a closely_fitting cover, side bail handles, and of forty_five (45) gallons or less gross capacity or a waterproof bag of adequate strength and material to prevent tearing or leakage. Each "container" can have a maximum weight of fifty (50) pounds.

County. The unincorporated area of Hernando County, Florida, and incorporated areas for which the municipality does not provide or regulate the solid waste collection service. Where the context of the division requires a different definition, the word "County" means Hernando County, a political subdivision of the State of Florida.

Curbside collection. Service rendered whereby solid waste is picked up from a point within six (6) feet or as near to the curb or road surface of a paved, improved or unimproved road as is safely possible.

Customer. A person directly benefitting from commercial or residential solid waste collection service as provided by this division.

Department. The county department that the board may appoint to administer and enforce this division.

Director. The director of the Hernando County Utilities Department or his authorized representative. In the event the board appoints another county department to administer and enforce this division, then the term director will mean the director of the appointed department or his authorized representative.

Disposal facility. Any solid waste disposal facility that is appropriately permitted by the Florida Department of Environmental Protection.

Franchise districts. The sanitation districts and geographical areas which are administratively identified and defined for purposes of facilitating the orderly collection, transportation and disposal of solid waste. The specified franchise district for each residential franchisee shall be set forth in the agreement.

Franchisee. Any person to whom the board has awarded a residential franchise.

Garbage. All kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials.

Hazardous waste. Waste, or a combination of wastes, which, because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, an increase in mortality, or an increase in serious irreversible or incapacitating reversible illness, or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. These materials may include, but not be limited to, volatile, chemical, biological, explosive, flammable, radioactive and toxic materials.

Health unit. The Hernando County Health Unit.

Industrial waste. Solid waste generated by manufacturing or industrial processes that is not a hazardous waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes; electric power generation; fertilizer/agricultural chemicals; food and related products or byproducts; inorganic chemicals; iron and steel manufacturing; nonferrous metals manufacturing or foundries; organic chemicals; plastics and resins manufacturing; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.

Landfill rate. The fee or fees charged by the county to any licensee, franchisee, or person for the disposal, dumping, or unloading of non_residential solid waste at a county_owned, operated, or designated disposal area or disposal site.

Licensee. Any person to whom the board has granted a commercial license.

Mechanical container. Any portable, non_absorbent container acceptable to the health unit which is used to store large volumes of solid waste and which is emptied by mechanical means.

Person. Any person, firm, association, organization, partnership, joint venture, corporation, business trust or company, and any officer or agent thereof.

Rear door pickup. The services rendered by a franchisee whereby the franchisee, collects from the side or rear of a dwelling unit. Any residential pickup other than curbside and bulk waste service is subject to negotiation between the customer and the franchisee.

Recyclable material. Those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.

Recovered materials. Metal, paper, glass, textile, plastic or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or re_use as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal.

Residential customer. Any residential unit which volunteers to receive residential collection service, and pays the annual solid waste disposal assessment.

Residential collection service. Container pickup provided by a franchisee to any single_family, multifamily home not exceeding four (4) dwelling units under one common roof, or multifamily home that may have opted to pay the annual solid waste disposal assessment, thus allowing them to be eligible to subscribe to curbside collection. For purposes of calculating the number of dwelling units, each dwelling unit (apartment) shall constitute a separate unit.

Residential franchise. A contract awarded by the board to a collector of solid waste, pursuant to the provisions of this division, wherein the refuse collector agrees to be bound by the terms of this division and agrees to provide and is granted the right to provide the following described refuse collection services: Curbside service, bulk waste service and rear door pickup to residential premises lying within specified geographical areas of the county. The specified geographical area for each residential franchise shall be established by the board in accordance with the provisions of this division and set forth in the residential franchise. Any such residential franchise shall be subject to the provisions of this division and the rules and regulations adopted pursuant thereto.

Route. The area that is serviced by a single collection vehicle on a single day for residential collection service.

Single_family residential unit. Any building or structure designed or constructed for and capable of use as a residence for one family regardless of the type of structure, unattached to similar structures, primarily for owner occupancy, but from time to time may be rented or leased; the term includes mobile homes, manufactured housing, or trailers. Each residential unit is assessed for solid waste disposal on the property tax bill.

Site. The location upon or in which the franchisee bases its operations.

Solid waste. Garbage, rubbish, refuse, special waste, or other discarded material, including solid or semisolid waste resulting from domestic, industrial, commercial, mining, agricultural, or government operations.

Solid waste collector. A franchisee or licensee who collects solid waste from customers for remuneration.

Truck or vehicle. Any truck, trailer, semi_trailer conveyance or other vehicle designed for and used to collect solid waste or to haul or transport solid waste upon or along paved or improved roadways.

Yard trash. Vegetative matter resulting from landscaping maintenance, and includes materials such as tree and shrub trimmings, grass clippings, and palm fronds.

(Ord. No. 2000_01, ss 4, 1_18_2000)

Sec. 14_45. Franchise districts.

(a) Establishment of boundaries. The board of county commissioners is hereby authorized to create sanitation districts subject to the provisions of this division. Such districts may be established, merged, altered or abolished by resolution of the board, and shall serve to facilitate the orderly collection and disposal of solid waste. The boundaries of sanitation districts shall be determined by the board and may include all or part of the unincorporated areas of Hernando County.

(b) Adjustment of franchise districts: public hearings. The department is charged with the responsibility of determining if a review of the number of sanitation districts and/or a review of the district boundaries is needed. Said determination is to occur no less infrequently than every fifth calendar year. Said determination may be made more frequently, if the department deems it necessary. The board shall review the number of and the boundaries of sanitation districts when the department makes the determination such a review is required. The review shall be accomplished by a public hearing after giving at least fifteen (15) days notice of a public hearing by publication one time in a newspaper of general circulation in the county. Additionally, notice of the public hearing shall be sent by first_class mail to all franchisees and licensees.

(Ord. No. 2000_01, ss 5, 1_18_2000)

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Sec. 14_46. Residential solid waste collection service.

(a) Scope of services. Residential customers subject to mandatory collection service pursuant to the board_approved franchise agreement or resolution or, where applicable, voluntarily subscribing to solid waste collection service shall receive curbside and bulk collection service as follows:

(1) Curbside collection. The county shall designate the frequency of collection to be twice a week for all franchise districts.

The franchisee shall collect a limited number of containers as qualified herein of solid waste at least twice weekly, at intervals no more frequently than seventy_two (72) hours, excluding weeks which the county_designated disposal facilities are closed for a holiday, from a point within six (6) feet or as near to the curb or other paved, improved or unimproved road as is safely possible. Service shall be offered Monday/Thursday, Tuesday/Friday or Wednesday/Saturday.

The service is limited to a total of three (3) containers, bags, or bundles, or equivalent amount, per pickup. Containers and/or bags, including content, are not to exceed fifty (50) pounds each. Bundled yard trash is limited to bundles not in excess of fifty (50) pounds and four (4) feet in length. Branches or limbs cannot exceed four (4) inches in diameter.

(2) Bulk waste collection services. The franchisee shall complete any requests for bulk waste collection received from a residential customer within five (5) calendar days of receipt of the service request, or on the specific date agreed to by the franchisee and the residential customer. The annual number of bulk waste collections per household will be established in the franchise agreements.

(3) Natural disturbances. In the event of a hurricane or other natural disturbances, service may be reduced to one garbage collection a week for all franchise districts until such time as normal service can be resumed, upon approval by the department. Accumulated yard trash resulting from the said disturbance shall be removed by the franchise holder as expeditiously as possible. The franchisee is not responsible for removing yard trash quantities in excess of the established work scope.

(4) Other considerations. A reasonable interruption of service due to weather or any other cause beyond the control of the franchise holder shall not be considered a breach of the obligation of the franchise holder. A map showing routes and pickup days shall be furnished to the department.

(b) Responsibilities of consumers:

(1) Compliance with ordinance. All persons subscribing to the solid waste collection service shall comply with the below relevant provisions.

(2) Placement of solid waste containers. Except as otherwise provided, all customers shall place containers of solid waste within six (6) feet or as near to the paved, improved or unimproved roadway abutting the customer's property as safely possible, no later than 6:00 a.m. on the days designated by the franchisee for solid waste collection. Such curbside placement shall be made by customers no earlier than 6:00 p.m. on the day prior to the day of the designated collection. Containers must be removed by the end of the day that the garbage was collected.

(3) Use of garbage and trash containers. Customers shall procure and maintain a container or containers capable of storing a maximum of forty_five (45) gallons of solid waste per container and capable of receiving and holding without leakage or escape of odors the garbage and trash generated on the customer's property. Containers must have close fitting lids on them to prevent rainwater from accumulating in and weighing down the container. All solid waste subject to containerization shall be stored in containers until disposed of pursuant to this division.

Any container used for the collection or storage of solid waste which fails to meet the standards prescribed by ordinance shall be clearly marked by the franchisee, for example but not limited to: too large, too heavy, no side handles. The franchisee must specify the manner in which the container fails to meet these requirements. Any container which fails to meet these requirements and is so marked shall be removed from service by the party furnishing it or brought into compliance, such as for example, but not by way of limitation, by transferring some of the garbage in an overweight container into a second container. Upon failure of the party furnishing the container to remove it from service after written notice by the franchisee, the franchisee shall notify the director who may order the container removed and destroyed by the county or the franchisee.

(4) Payment of fees. All persons subscribing to the collection service shall be obligated to pay a charge for solid waste collection service in amounts negotiated in the franchise agreements.

(c) Responsibility of residential franchisees. Residential franchisees shall perform all actions as may be required by the board to ensure solid waste collection service as described in this sSection. Where a conflict arises between provisions implied or expressed in this division and any franchise agreement between the franchisee and the board, the provisions of the franchise agreement shall prevail. The implied or expressed provisions of this division shall be deemed incorporated in such franchise agreement as if expressly included.

(Ord. No. 2000_01, ss 6, 1_18_2000)

Sec. 14_47. Prohibited acts.

(a) Manner of disposal. It is unlawful for any customer or persons (residential or commercial) possessing, leasing or residing at property to dispose of solid waste by placing it on property or in a dumpster other than their own for the purposes of avoiding collection and/or disposal costs. It shall be unlawful for commercial or business establishments to use the residential Convenience Centers, even those transporting wastes on behalf of residents who pay the solid waste disposal assessment.

This provision does not apply to the use of the Convenience Centers by Hernando County residents that pay the solid waste disposal assessment, nor does it apply to backyard composting.

(b) Burning of solid waste prohibited. It is unlawful for any person to burn any solid waste on private or public property. Open burning of yard trash shall be allowed if in compliance with all applicable state and county ordinances, rules, and regulations.

(c) Transportation of solid waste. It is unlawful for any person to transport over any public road any solid waste which is subject to leakage or spillage unless the solid waste is securely tied or covered so as to prevent leakage and spillage. It is further unlawful for any person to allow solid waste to spill, blow or drop from any vehicle on any road.

(d) Collection of solid waste for consideration without franchise or license. It is unlawful for any person to collect or transport solid waste for hire or for remuneration or other consideration in any form without first being awarded a residential franchise or first being granted a commercial license. This prohibition shall not deprive persons from transporting solid waste generated on their property to a county_approved disposal site. This prohibition shall not deprive persons licensed and engaged in utilslition services, tree surgery, tree trimming, forestry, landscape maintenance, land clearing, construction or agricultural production from transporting to a county_approved disposal site solid waste generated as a result of applying their occupation. It is prohibited for any person to transport solid waste for hire or remuneration or other consideration in any form where the county has neither awarded the person a residential franchise nor granted the person a commercial license. The collection of items for the purpose of recycling is not prohibited but is encouraged. Retail businesses that collect and transport their own recovered materials for recycling shall be exempt from licensing requirements. Businesses that transport recyclables for hire or remuneration shall be required to obtain a commercial license. Recyclers that transport twenty (20) tons or more a week as an average over a period of three (3) months shall be required to obtain a commercial license.

(e) Disposal at unapproved sites. It is unlawful for any franchisee or licensee to dispose of solid waste at any site, public or private, which is unapproved by the board. Unless otherwise approved, all solid waste shall be disposed of at the Hernando County Waste Management Facility, or other facility designated by the board in accordance with the laws of the State of Florida. The transportation and disposal of construction and utilslition debris is excluded from this prohibition.

(f) Accumulation of solid waste. For reasons of general health, safety and welfare, including but not limited to health, sanitation and community appearance, it shall be unlawful for any person to accumulate or permit to accumulate any solid waste for a period in excess of seven (7) days upon public or private property in the county. Creation or maintenance of a backyard compost pile shall be considered recycling, not disposal.

(Ord. No. 2000_01, ss 7, 1_18_2000)

Sec. 14_48. Commercial license conditions.

(a) Application for commercial license. Applicants for a commercial license to provide commercial services shall obtain an application approved by the board and shall file an application along with the appropriate fee as set from time to time by resolution of the board with the department. The application shall be transmitted by the department for appropriate action in accordance with the provisions of this division.

(b) Approval of application:

(1) Public hearing. Upon receipt of an application for a commercial license, the department shall determine the ability of the applicant to comply with the provisions of this division. A public hearing on such application may be held, if such public hearing is deemed by the department to be in the public interest. At least fifteen (15) days notice of a public hearing must be given, and the notice shall be published one time in a newspaper of general circulation in the county. Additionally, notice of the public hearing shall be sent by first_class mail to all franchisees and licensees.

(2) Findings; issuance. In determining whether or not to award a commercial license, the department shall consider, but not be limited to considering, the truth and completeness of the statements in said application, whether the applicant is capable of complying with the provisions of this division and other applicable rules and regulations.

(3) Denial; notification of denial. The department shall deny any application for a license if, after due investigation the department finds and determines as a matter of fact, that statements made in the application are false, that the applicant is unable to provide the service requested, that the need for such service has not been utilsnstrated, that the applicant does not comply with the provisions of this division or other applicable regulations, or that approval of the application is not in the best interest of the citizens of Hernando County. Notice of the denial shall be in writing and mailed to the applicant.

(c) Issuance of commercial license. After the department has approved an application, an agenda item will be prepared, and the application must receive final approval by the board. Upon board approval, the department shall issue a commercial license to the applicant as provided in this division or in the rules and regulations implementing this division. Every new applicant who desires to engage in the occupation of collecting or transporting solid waste in Hernando County shall not commence operations until the commercial license has been issued.

(d) Duration of licenses and annual fee. A commercial licensee shall continue operations pursuant to the terms of this ordinance unless its license is revoked by the board. Licensees shall be subject to an annual renewal fee as set from time to time by resolution of the board. The annual fee may be used to compensate the department for expenses incurred in administration of the provisions of this ordinance and rules and regulations hereunder, including, but not limited to, the cost of performing annual inspections of a franchisee's collection vehicles and complaint investigations. Such fee is payable to the department prior to January 1 of each year.

(e) Commercial rates. Rates charged by commercial licensees for commercial service are not covered by this division except as provided herein. These services are subject to negotiation between the licensee and the customer, and such negotiation shall be done in good faith.

(Ord. No. 2000_01, ss 8, 1_18_2000)

Sec. 14_49. Residential franchise conditions.

(a) Residential franchisee. The board may award residential franchises either through an request for proposal (RFP) process or through negotiations with existing solid waste collectors presently operating in the county. The pre_qualification of proposers will be required as a condition of the RFP.

(b) Request for proposals. When the board deems appropriate, a request for proposal to provide residential solid waste collection services may be issued in the interest of ensuring the county residents, consumers and customers are receiving the best service for the best price.

The board will assemble a committee to evaluate the proposals. The committee will consist of staff members with knowledge of solid waste disposal and collection, as well as a purchasing and contracts representative, at a minimum. The committee will make recommendations to the board.

If the board awards a franchise district, then the department must negotiate a formal franchise agreement with the successful proposer.

(c) Rejection of RFP's. The board shall have the authority to reject all proposals. In such case, the board may direct the department to negotiate franchise agreements with the current solid waste collectors operating in the county.

(1) All negotiations conducted by the department are strictly for the purpose of making a recommendation to the board. The board has the final authority to award franchises and approve agreements.

(2) All existing franchisees who meet the minimum criteria set forth by this division, shall be presented to the board. The board shall then rank, in order of preference, those firms so presented after considering such factors as past performance, equipment, customer service, recent and projected work loads of the companies, ability and willingness of management to comply with all applicable federal, state, and local laws, rules and regulations, and the character of directors, owners and managers of the company.

(3) Staff shall then negotiate a franchise agreement with each company, in the order of its ranking by the board.

(d) New franchises. Every new franchisee who desires to engage in the occupation of collecting or transporting residential solid waste in Hernando County after the effective date of this division shall enter into a formal franchise agreement in the manner described herein.

(e) Duration of franchises. Franchises may be issued for a maximum initial period of five (5) years.

(f) Annual renewal fee. Franchisees shall be subject to an annual renewal fee as set from time to time by resolution of the board. The annual fee may be used to compensate the department for expenses incurred in administration of the provisions of this division and rules and regulations hereunder, including, but not limited to, the cost of performing annual inspections of a franchisee's collection vehicles and complaint investigations. The renewal fee is payable to the department prior to January 1 of each year.

(g) User rate structure. The user rate structure shall be determined by procedures to be negotiated and established in the franchise agreements.

(h) Billings and service:

(1) Services rendered to residential customers by the franchisee shall be governed by the service standards as established in this division and federal, state and local rules and regulations, and its franchise agreement.

(2) Customers shall be billed directly by the franchisee. Franchisees may bill for no more than three (3) months in advance. The franchisee will offer customers the option of paying their bills by electronic funds transfer or equivalent.

(3) The franchisee may discontinue service to any customer who fails to pay for solid waste collection service when due. The franchisee may take any and all steps, including, but not limited to, lien, legal complaint or other court action, to collect amounts due and, in mandatory service areas, to compel payment and require payment for future services.

(4) Suspension of service for absences in excess of ninety (90) days shall be allowed provided the request for the suspension of service is made at least thirty (30) days in advance of the date the suspension is to be effective. The customer is not relieved of the obligation to pay for services billed prior to the required notification. Any credit due shall be made by the franchisee on the next billing. The intent of this provision is to relieve the franchisee of the obligation to issue refund checks for suspension of services that occur after the billing was rendered which included the suspension period.

(5) Franchisee shall be entitled to a lien for uncollected fees due from customers.

(i) Liability of county. Neither Hernando County nor any of its officers or employees shall be liable for or in any way responsible for the payments of any service rates or charges due the franchisee by customers.

(j) Construction with regards to commercial or industrial waste. Nothing in this division shall be construed to give the franchisee the right to collect waste from commercial or industrial establishments without a commercial license.

(Ord. No. 2000_01, § 9, 1_18_2000)

Sec. 14_50. Proof of insurance.

Each franchisee and licensee shall furnish proof to the county that all liability and workers' compensation insurance laws of the State of Florida have been complied with and shall supply the board with evidence of comprehensive general public liability, property damage and business auto insurance coverage in an amount deemed to be adequate by the board.

(Ord. No. 2000_01, § 10, 1_18_2000)

Sec. 14_51. Performance bonds.

(a) The board shall require all residential franchisees to post with the board a cash, surety and/or performance bond in such amount as set from time to time by resolution of the board. If a surety performance bond is used, it shall be furnished by a surety satisfactory to the board or county attorney. All bonds shall be payable to the county and shall be conditioned upon the full and faithful performance by the franchisee of his obligations under this division and shall be kept in full force and effect by the franchisee. Failure to post the required bond shall be grounds for revocation or denial of a residential franchise.

(b) As a condition of the board awarding a franchise or issuing a commercial license, the applicant agrees to the terms of this division and to comply with such terms, subject to the provisions of sSection 14_56(c). The franchisee or commercial licensee shall appear and defend all actions against the county arising out of the exercise of said franchise or commercial license and shall indemnify and save the county, its officers, employees, and agents harmless and free of all claims, demands, actions, or causes of action of every kind and description arising out of or in any way connected with the exercise of the residential franchise or commercial license.

(c) Notwithstanding any provision of this division or of any franchise agreement to the contrary, the county shall initiate and apply all necessary actions to maintain solid waste collection services in the event of a slowdown or stoppage due to strike, bankruptcy, natural disaster or any other cause which results in the disruption of said services.

(Ord. No. 2000_01, § 11, 1_18_2000)

Sec. 14_52. Franchisee or licensee as independent contractor.

It is expressly agreed and understood that the franchisee or licensee is in all respects an independent contractor as to the work, notwithstanding in certain respects that the franchisee or licensee is bound to follow the direction of designated county officials, and that the franchisee or licensee is in no respect an agent, servant or employee of the county. This division specifies the work to be done by the franchisee or licensee, but the method, manner and means to be employed to accomplish this work shall be the responsibility of the franchisee or licensee, unless otherwise provided in this division.

(Ord. No. 2000_01, § 12, 1_18_2000)

Sec. 14_53. Compliance with laws and regulations.

The franchisee and licensee shall comply with all applicable federal, state, and county ordinances, laws, rules and regulations and all amendments throughout the duration of their franchise agreement or license. The franchisees and licensees and their surety shall indemnify, defend and save harmless the county from and against any claim, demand, suit, judgment, settlement, costs or expenses, including without limitation court costs and attorneys' fees, arising from or in connection with any violation of any such law, rule and regulation, whether by himself, his employee or his subcontractor.

(Ord. No. 2000_01, § 13, 1_18_2000)

Sec. 14_54. Suspension or relinquishment of a franchise or commercial license; changes in ownership; assignability; records.

(a) General. The board is empowered to suspend or revoke any solid waste collection franchise agreement or commercial license granted hereunder when said franchisee or licensee fails to comply with this division or rules and regulations related thereto. Such revocation or suspension by the board may be taken after notice, which notice shall provide licensee or franchisee with the nature of the violation resulting in the action being taken, and after public hearing in which franchisee or licensee shall have the opportunity to be heard.

(b) Change in ownership. In the event there is a change in ownership of any kind or nature of a "person", as defined, or a company to whom a franchise agreement or commercial license was issued, the franchisees or licensees shall notify the board in writing of such a change ninety (90) days prior thereto. The proposed owner of the residential franchise or commercial license shall provide the board with an application and fees as set by resolution of the board. The proposed owner shall comply with all requirements set forth for new applicants. The proposed owner shall assume and be liable for all action of the prior owner under the license or franchise and shall agree to the terms of this division and to comply with such terms, subject to the provisions of sSection 14_56(c). The board shall have the right to approve or disapprove the change in ownership applications after review and public hearing. The above shall apply to changes in controlling stock ownership in the corporation, changes in partnerships or limited partnerships or percentage participation therein, or transfer from an individual to another individual of any interest in the operating company.

(c) Residential franchise or commercial license not assignable. The residential franchise or commercial license granted herein shall not be assignable, either voluntarily or by operation of law. If the franchisee or licensee shall at any time become insolvent, or if proceedings in bankruptcy shall be instituted by or against the franchisee or licensee, or if the franchisee or licensee shall be adjudged bankrupt or insolvent by the court, or if a receiver or trustee in bankruptcy or a receiver of any property of the franchisee or licensee shall be appointed in any suit or proceeding brought by or against the franchisee or licensee, or if the franchisee or licensee shall make an assignment for the benefit of creditors, then and in each and every such case, the residential franchise or commercial license and the rights and privileges granted thereby shall immediately cease, desist and be forfeited and canceled without notice, suit or other proceedings.

(d) Subletting residential franchise or commercial license. The residential franchise or commercial license, or any portion thereof, shall not be sublet except with prior written consent of the board. No such consent will be construed either as making the county a party of or to such subcontract, or as subjecting the county to liability of any kind to any subcontractor. No subcontract, shall, under any circumstances, relieve the franchisee or licensee of his liability and obligation under his contract, and despite any such subletting, the county shall deal through the franchisee or licensee. Subcontractors will be dealt with as workmen and representatives of the franchisee or licensee, and as such shall be subject to the same requirements as to character and competence as are other employees of the franchisee or licensee.

(e) Relinquishment of franchise or license. The franchisee or licensee may of his own volition relinquish his franchise or commercial license provided that the board is granted sufficient time, but not less than ninety (90) days, to assure that adequate solid waste collection will continue. The board may cancel a franchise agreement or commercial license which remains inactive for a period of thirty (30) days.

(f) Records required. Upon termination, suspension, or revocation of a residential franchise, the franchisee shall submit to the board within ten (10) days adequate records for the purpose of resuming or continuing service to the franchisee's customers; and the board may designate another franchise or other solid waste collection company to provide solid waste collection service to such customers.

(Ord. No. 2000_01, § 14, 1_18_2000)

Sec. 14_55. Operations and general provisions.

(a) Notices. All notices required or given pursuant to this division shall be deemed properly served when sent certified in the United States Mail, addressed to the franchisee or licensee at his local office or residence. Notices addressed to the county shall be directed to the Franchise Director, 20 North Main Street, Brooksville, Florida 34601.

(b) Quantity. The franchisee shall be required to pickup solid waste generated by a residential property provided same is placed in the approved size and number of containers or appropriately bundled and set at curbside. Solid waste not subject to containerization nor subject to being bundled or which exceeds fifty (50) pounds or four (4) feet in length shall be collected pursuant to the bulk waste collection service provisions of the franchise agreement.

(c) Rear door pickup. Services such as below ground collection, collection from the side or rear of a dwelling unit, or collection from other than curbside of solid waste subject to rear door collection service is not covered by the rate setting provisions of this division. Such services are subject to negotiation between the franchisee and the customer. The board retains jurisdiction to review and determine reasonable fees to be charged by the franchisee for such services when in the opinion of the board a sufficient number of complaints have been received to indicate that the franchisee is not negotiating reasonable fees for such service.

(d) Holidays. The franchisee may, at his discretion, operate during county_designated holidays. If collection days are to be changed due to holidays, announcements explaining the holiday schedule shall be sent to the customer with the preceding bill or at the time a customer is given first service. If a resident's solid waste collection day falls on a holiday in which the franchisee does not operate, then the resident's solid waste will be picked up on the next regularly scheduled collection day. The franchisee will collect double the amount of solid waste on that day. The following are the holidays that the designated disposal facilities are closed: New Years Day, Independence Day, Thanksgiving Day, and Christmas Day. If the waste management division elects to close the disposal facility on any other days, the franchisee will be provided with at least two (2) weeks' notice.

(e) Hours of collection. Solid waste collection shall begin no earlier than 6:00 a.m. and cease no later than 6:00 p.m. In the case of an emergency, as designated by the county and later evidenced by a written memorandum confirming the approval, collection shall be permitted at times not allowed by this subsSection.

In the case of holidays whereon the franchisee does not collect, the franchisee may collect later than 6:00 p.m. on the next collection day immediately following the holiday provided such collection is made in a manner that does not unduly affect customers. Franchisees will not be required to provide a written memorandum for this occurrence.

(f) Conduct of personnel. The franchisee or licensee shall require his employees to serve the public in a courteous, helpful and impartial manner. All franchisee or licensee employees both in the field and office shall refrain from belligerent behavior and profanity. Correction of any such behavior and language shall be the responsibility of the franchisee or licensee. Employees shall make collection with as little noise and as little disturbance as possible. No employee shall disturb or otherwise meddle with property that is impertinent to the proper execution of his duties. Care should be taken to prevent damage to property, including shrubs, flowers and other plants. Waste receptacles shall be carefully handled by the employees and shall be thoroughly emptied and left at the premises where they are found, standing in a vertical position (either upright or upside down) and with covers placed on or adjacent to the can at the curbside. This work shall be done in a sanitary manner and any waste spilled by the collector shall be immediately picked up by the collector.

Employees shall not be required to expose themselves to the danger of being bitten or otherwise attacked by vicious animals in order to accomplish collection. In any case where the owner or tenants have such animals at large, the franchisee shall immediately notify the department and the county's animal control officer in writing of such condition and of his inability to make collection because of such condition.

(Ord. No. 2000_01, § 15, 1_18_2000)

Sec. 14_56. Equipment, routes, notice of changes.

(a) Compliance with division. Equipment operated by franchisees and licensees must comply with the provisions of this sSection. It shall be unlawful to collect solid waste for hire or remuneration within the county with collection equipment that does not meet the requirements of this sSection.

(b) Type of trucks. The bodies of trucks used in the collection or transportation of solid waste shall be designed for solid waste collection and have bodies which are watertight to a depth of not less than twelve (12) inches, with solid metal sides and fully covered, or vehicles which transport commercial containers. Bulk waste collection service vehicles are not required to be fully covered. Any such vehicle exceeding three_quarter_ton capacity shall be equipped with a device for mechanical unloading. The county shall have the authority to waive the requirement that a vehicle be fully enclosed in the event of an emergency.

The franchisee shall not utilize front_loading collection trucks for residential collection service.

The franchisee or licensee shall not utilize within Hernando County any vehicle or equipment, with the exception of automobiles and light trucks, that are used for collection service in other counties or service areas without written approval from the director. Under no circumstance can a franchisee co_mingle solid waste from another county with Hernando County solid waste.

(c) Condition of trucks. Collection shall be made and the equipment operated and maintained by a franchisee in a manner as to prevent the dropping or scattering of solid or liquid waste anywhere except in a county_approved disposal facility. All trucks will be washed on the inside and outside with suitable cleanser, disinfectant and/or deodorant biweekly at a minimum. All vehicles shall be maintained in proper mechanical condition and shall conform to all federal, state, and local rules and regulations. It shall be unlawful to collect solid waste with equipment that leaks any fluids, which includes but is not limited to hydraulic fluid, oil, or leachate. All trucks shall be inspected for sanitary cleanliness at least once annually or more often by the department.

If a truck is not in compliance with the conditions of this division, the department may issue a citation to the franchisee or licensee. See sSection 14_20. If the franchisee or licensee fails to pay the fine or correct the items contained in the citation, the department may issue additional citations. If the franchisee or licensee still does not pay the additional fines or fails to come into compliance with the conditions of this division, a court appearance may be required and the truck's operating certificate may be revoked.

(d) Truck identification. All franchisees and licensees shall have painted or stenciled in four_inch high letters in a prominent place of each side of every truck used in the collection of refuse the telephone number of the refuse collector, the name of the collector, the truck number and the truck weight. Each vehicle shall contain a copy of the current certificate issued by the department, as evidence of the franchisee's or licensee's rights. The department is hereby authorized to deny or revoke the tag or decal of any vehicle that fails to meet requirements of this division. No franchisee or licensee shall use a firm name containing the words "county" or "Hernando", or other words implying Hernando County ownership.

(e) Equipment required. The franchisee or licensee shall provide sufficient equipment to maintain regular schedules of collection and to promptly and efficiently perform his duties under this division. Each franchisee and licensee shall ensure that every truck carries on a regular basis a shovel, a broom and a fire extinguisher, first aid kit, and other equipment as required by the department.

(f) Mechanical containers. Mechanical containers furnished by the licensee shall be watertight, non_absorbent, equipped with close fitting covers suitable to protect the contents from flies, insects, rats, and other animals (open top roll_off containers are exempt from this close fitting cover requirement.) The container shall not have any inside structure, such as inside bands or reinforcing angle or anything within, that would prevent the free discharge of the contents. It shall be free of jagged or sharp edges. Mechanical containers shall be kept in good repair and working condition by the licensees. Upon customer request and subject to negotiation of cost, the licensee will provide cleaning and sanitizing of mechanical containers. The area in which the container is kept shall also be maintained in a clean, sanitary, and safe condition, the responsibility of which would fall on the customer. The name of the licensee and telephone number shall be painted on or decals affixed to the container in a size and manner as prescribed by the department.

(g) Route list and notice of changes. The franchisee shall keep current a list of routes for residential waste collection service, designating routes for residential waste collection service. The franchisee shall give proper and reasonable notice to each owner or occupant of the residential premises within the franchisee's service area specifying the days of pickup. The franchisee shall not make any changes in the days of pick up for its routes until each residential premises affected by such change has received at least five (5) days prior notice of the change by first class mail or door hanger.

(h) Compliance with schedules and routes. The franchisee shall abide by the routes and schedules. The county reserves the right to deny the licensee's or franchisee's vehicles access to certain streets, alleys, bridges and public ways, where it is in the interest of the general public to do so because of the condition of streets or bridges. The licensee or franchisee shall comply with all height and weight restrictions for any bridge, or road.

(i) Route re_runs. The director may direct a franchisee to re_run all or any part of any route when the director determines that adequate service has not been provided.

(Ord. No. 2000_01, § 16, 1_18_2000)

Sec. 14_57. Disposal facilities.

(a) All landfills, Convenience Centers, or other facilities for solid waste disposal shall be appropriately permitted by the Florida Department of Environmental Protection or its successor and in compliance with any applicable laws, ordinances, rules and regulations.

(b) Any and all solid waste collected by a franchisee or licensee shall be disposed of only at the county_designated disposal facilities identified and approved by the county and at no other location or facility. If the county is unable to dispose of a franchisee's or licensee's solid waste at its disposal facilities due to strikes, repairs to equipment, or any act of God or occurrence beyond the control of the county, then the department shall notify franchisee or licensee, and they shall not be required to dispose of the same at the previously designated disposal facilities during the period of time in which the county is unable to dispose of the solid waste. The county reserves the right to mandate the price or method of ultimate solid waste disposal.

(c) When more than one county_approved or designated disposal site exists the county shall establish a range of the quantity of solid waste which each franchisee must deliver to each disposal site. A penalty shall be established by resolution and charged to the franchisee for not disposing the established quantity of solid waste at the specified disposal site.

(Ord. No. 2000_01, § 17, 1_18_2000)

Sec. 14_58. Rules and regulations.

The board shall establish by resolution from time to time such rules and regulations that are deemed necessary for protection of the health, safety, and welfare of the citizens of Hernando County.

(Ord. No. 2000_01, § 18, 1_18_2000)

Sec. 14_59. Violations; proceedings to restrain violations; penalties.

It is hereby declared to be unlawful and a misdemeanor to violate the provisions of this division. Any person who violates any sSection of this division shall be prosecuted and punished in accordance with general law and/or per Hernando County Code of Ordinances, chapter 1, General Provisions; sSection 1_8, General Penalty; and/or article III, Code Enforcement Ordinance. The board may bring suit to restrain, enjoin or otherwise prevent the violation of this division, and shall be entitled to reasonable attorneys' fee in the suit.

(Ord. No. 2000_01, § 19, 1_18_2000)

Secs. 14_60__14_64.10. Reserved.

DIVISION 3. ASSESSMENTS FOR RESOURCE RECOVERY*

__________

*Editor's note: Ordinance No. 89_6, ss 1__15, adopted May 2, 1989, enacted the provisions codified as Div. 3, ss 14_64.11__14_64.25, to Art. II above. Since said ordinance did not expressly amend the Code, the manner of codification has been at the editor's discretion.

__________

Sec. 14_64.11. Findings.

It is hereby found and declared by the board of county commissioners of Hernando County:

(1) There is an excessive accumulation of solid waste on private property; and an inordinate amount of littering on and near public rights_of_way within Hernando County; and a mounting demand for a comprehensive solid waste disposal and resource recovery system, resulting in the necessity for more stringent regulation of solid waste disposal practices within the county to protect the health, safety and welfare of the citizens of the county.

(2) It is necessary for the promotion of the common interest of the people of the county to provide for the effectuation and financing of a solid waste disposal and resource recovery system, and it is necessary to the health, safety and welfare of the citizens and residents of the county to provide an adequate solid waste disposal and resource recovery system for all citizens and interest within the county.

(3) Because of matters herein aforestated, the county anticipates the issuance of solid waste and resource recovery revenue bonds ("bonds") to finance the acquisition and construction of a solid waste disposal and resource recovery system, which bonds, among other things, will obligate the county to impose by law disposal service charges against real properties or classes thereof located within the county for use of the solid waste disposal and resource recovery system, and to prescribe, fix, establish and collect rates, fees, assessments or other charges for the use of said solid waste disposal and resource recovery system, and to pledge such revenues as security for the payment of bonds issued under said legal authority for the construction of the solid waste disposal and recourse recovery system.

(4) sSections 125.01 and 403.706, Florida Statutes, grant the board the power to provide for and regulate solid waste collection and disposal.

(5) It is the purpose of this division to implement the provisions of chapter 403, Florida Statutes, and the covenants contained in any ordinance, resolution or indenture securing the issuance of the bonds.

(6) It is determined by the board of county commissioners that the establishment and maintenance of a solid waste assessment unit, as provided for herein, will impart special benefits upon the real property within such unit for which a special assessment may be assessed and collected by the county, within the provisions of state law.

(7) This division is adopted under the authority and power granted the board by, sSection 125.01, Chapter 403 and sSection 197.3631, Florida Statutes, and other applicable laws.

(Ord. No. 89_6, § 1, 5_2_89)

Sec. 14_64.12. Definitions.

For the purpose of this division, the definitions contained in this sSection shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular number include the plural. Words used herein and not otherwise defined shall have the meaning given to them in the Act.

Annual disposal assessment means the annual assessment imposed upon a parcel of real property for the disposal of solid waste for the applicable year based upon the classification of use of such parcel of property as specified in the rate resolution.

Annual disposal assessment roll means the list prepared by the county and confirmed by the board each year containing a summary description of each parcel of real property within the county, the name and address of the owner of each such parcel as indicated on the records maintained by the property appraiser, and the assessment authorized by this division against each parcel.

Board means the board of county commissioners of Hernando County, Florida, or the governing body by any other name in which the general legislative powers of the county are vested.

Clerk means the clerk of the circuit court of Hernando County, Florida.

County means Hernando County, Florida.

Governmental agency means any local, state or federal agency.

Hazardous waste means materials or combinations of material that require special management techniques because of their acute or chronic effects on air and water quality, on fish, wildlife or other biota, and on the health and welfare of the public. These materials include, but are not limited to, volatile, biological, explosive, flammable, radioactive and toxic materials.

Owner means the person or persons owning an interest in improved real property located within the county.

Person means an individual, partnership, corporation, joint venture, private or public service company or entity, however organized.

Property appraiser means the property appraiser of Hernando County, Florida.

Rate resolution means the resolution adopted under the provisions of sSection 14_64.13 of this division, incorporating a schedule of annual rates, charges and assessments to be imposed upon the owners of all real property in the county.

Real property means all real property located in the county that generates, or is capable of generating, solid wastes, and includes, but is not limited to, improved commercial real property and residential real property.

Solid waste means garbage and trash, including, but not limited to, all putrescible and nonputrescible waste, combustible and noncombustible waste, and generally all materials such as paper, cardboard, grass clipping, tree or shrubbery trimmings, scrap wood, bedding, crockery, rubber tires, construction waste, industrial waste and all other waste materials.

Solid waste disposal and resource recovery system or system. The system shall include, by way of enumeration and not by limitation, county_operated or contracted landfills, digesters and incinerators.

Special wastes means any wastes that require extraordinary management. They include, but are not limited to, abandoned automobiles, inoperative and discarded refrigerators, ranges, washers, water heaters and other similar domestic and commercial appliances, used tires, waste oil, sludges, dead animals, septic tank pumpings and infectious and hazardous wastes.

Tax collector means the tax collector of Hernando County, Florida.

Tipping fees means the fees and service charges fixed annually to be paid to the county for receiving and disposing of solid waste delivered to the system that may be imposed by the board for solid waste generated inside or outside the county or in addition to the annual disposal assessments.

Year means the calendar year.

(Ord. No. 89_6, § 2, 5_2_89)

Sec. 14_64.13. Purpose.

It is the purpose of this division to establish a schedule of fees, rates, charges and assessments for the disposition of solid waste from real property in the county to assist in paying for the costs of the financing and the operation and maintenance of the solid waste disposal and resource recovery system, and to provide for a method and procedure for the collection of such established fees, rate, charges and assessments.

(Ord. No. 89_6, § 3, 5_2_89)

Sec. 14_64.14. Determination of annual disposal assessments and charges; public hearing.

(a) It is hereby declared that the construction, operation and maintenance of the solid waste disposal and resource recovery system is a benefit and improvement to all real property in the county regardless of use and occupancy of such property. The construction, operation and maintenance of the solid waste disposal and resource recovery system directly improves and benefits all real property by ensuring a source for the disposal of solid waste being generated, or potentially to be generated, on such real property that is practical and compatible with the health and safety of all citizens in the county.

(b) On or before the first day of August of each year or as otherwise required by Chapter 403, Florida Statutes, and after a public hearing, the board shall:

(1) Adopt a budget for the operation and maintenance of the solid waste disposal and resource recovery system for the next fiscal year.

(2) Adopt a resolution incorporating a determination of annual rates, fees, charges, assessments or service charges to be imposed upon the owners of real property in the county to be levied and assessed against the real property and collected as is provided in this division. The methodology of the assessment levy will be determined annually by resolution.

Such rates, fees, charges, assessments or service charges shall never exceed the benefits conferred by the county in providing the solid waste disposal services and shall not exceed the fair and reasonable portion of the cost to the county of providing the services.

(3) Assessments upon real property will be derived from a rate/unit schedule based upon land use activity or projected activity.

(4) Adopt a resolution, as necessary, incorporating a schedule of tipping fees to be charged by the county for receiving and disposing of solid waste within the county, for receiving and disposing of hazardous waste and special waste, and for waste generated by sources outside the county.

(5) At any time during the year when it is determined by the board of county commissioners that the previously established annual rates, fees, charges, assessments and service charges will be insufficient to pay all applicable debt service and operation and maintenance costs of the solid waste disposal and resource recovery system and to satisfy all obligations of the county under any related bond resolution or trust indenture, the board may adopt, levy and collect a supplemental tipping fee. This fee shall be collected at the point of disposal of the solid waste and shall be established in the same manner as the annual tipping fees. The supplemental tipping fee shall be sufficient when coupled with the annual rates, fees, charges, assessments or service charges to fund debt service and operation and maintenance for the remainder of the fiscal year. Said fee shall remain in effect until funds from the subsequent annual rates, fees, charges, special assessments or service charges are sufficient to cover costs of operation and maintenance and all other obligations of the county under any related bond resolution or trust indenture.

In fixing tipping fees, the board may reasonably classify types of solid waste.

Notice of the time, place and purpose of the public hearing required by this sSection shall be given by publication in a newspaper of general circulation in the county once each week for two (2) weeks prior to the hearing.

(6) If the board so determines that there is no requirement for an annual assessment, there need be none adopted for a particular year. If tipping fees are not required either, then they need not be levied for a particular year.

(Ord. No. 89_6, § 4, 5_2_89)

Sec. 14_64.15. Annual disposal assessment__Scope.

(a) The annual disposal assessment incorporated in the rate resolution adopted under sSection 14_64.14 of this division is applicable to each parcel of real property within the county and shall be the rate and charge for each unit multiplied by the number of units on each parcel. All federal, state, county, municipal and special district real property located within this MSBU will be exempt from non_ad valorem assessments imposed by the MSBU.

(b) The annual disposal assessments shall be imposed against the owners of all real property in the county as of the last day of the year preceding the year for which the annual disposal assessment is imposed regardless of the occupancy of such property on said date.

(Ord. No. 89_6, § 5, 5_2_89; Ord. No. 91_17, § 1, 3_26_91)

Sec. 14_64.16. Same__Lien.

(a) It being recognized that the value of the benefits accrued by virtue of this division directly benefits all lots within the unit, the county commission is hereby authorized to levy an annual service charge against each lot within the unit for the purposes set forth herein.

(b) The service charge imposed hereunder shall constitute a lien on all real property of the unit as of the date ad valorem taxes become liens. Unless fully paid and discharged or barred by law, said annual service charges shall remain liens equal in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. If the annual assessment levied on a lot is not paid, a tax certificate pertaining to the property may be sold by the tax collector as set forth in Chapter 197, Florida Statutes.

(Ord. No. 89_6, § 6, 5_2_89; Ord. No. 90_07, § 1, 2, 5_1_90)

Sec. 14_64.17. Annual disposal assessment roll__Generally.

(a) Upon adoption by the board of the rate resolution provided in sSection 14_64.14 of this division and not later than September 1 thereafter, the county shall cause to be prepared an annual disposal assessment roll. Such roll shall contain a summary description of each parcel of real property within the county on the first day of January of the year in which the annual disposal assessment is to be imposed, the name and address of the owner of each such parcel, the number of units on each parcel of real property and the amount of the annual disposal assessment applicable to each parcel of real property. The summary description of each parcel of real property shall be in such detail as to permit ready identification of each parcel on the real property assessment roll. The information specified above to be included in the annual disposal assessment roll shall conform to that maintained by the property appraiser on the real property assessment roll.

(b) Upon the completion of the preparation of the annual disposal assessment roll, the board shall cause to be published in a newspaper of general circulation in the county once each week for two (2) consecutive weeks notice that the board on a specified date at a regular or special meeting will hear testimony as to the amount of any assessment. At such meeting, the board will review the annual disposal assessment roll prepared by the county. The board shall make such changes or additions as necessary to conform such roll with the rate resolution. If upon the completion of such review, the board shall be satisfied that the annual disposal assessment roll has been prepared in conformity with the rate resolution, it shall ratify and confirm such roll and certify the roll to the property appraiser for inclusion in the tax roll.

(Ord. No. 89_6, § 7, 5_2_89)

Sec. 14_64.18. Same__Correction.

No ministerial act of omission or commission on the part of the county, property appraiser, tax collector, board or clerk shall operate to defeat the levy of the annual disposal assessment imposed by the board under the provisions of this division. Provided, however, any ministerial acts of omission or commission may be corrected at any time by the officers or party responsible for them in like manner as provided under this division for performing such acts in the first place, and when so corrected they shall be construed as valid ab initio and shall in no way affect any process by law for the enforcement of the annual disposal assessment imposed under the provisions of this division.

(Ord. No. 89_6, § 8, 5_2_89)

Sec. 14_64.19. Payment of annual disposal assessment; delinquent.

The tax collector is hereby vested with the power, and it shall be his/her duty, to collect payments of all annual disposal assessments. The tax collector shall distribute the annual disposal assessments collected in the manner provided under law for the distribution to each taxing authority of taxes collected and under the indenture.

(Ord. No. 89_6, § 9, 5_2_89)

Sec. 14_64.20. Failure to include real property on annual disposal assessment roll.

When it shall appear that any annual disposal assessment should have been assessed under the provisions of this division against any parcel of real property, but such parcel of real property was omitted from the appropriate annual disposal assessment roll because of error, the board shall assess the applicable annual disposal special assessment for the year in which such omission is discovered plus the unpaid applicable annual disposal assessment for the prior two (2) years if such real property was subject to an annual disposal assessment for either of such prior two (2) years.

(Ord. No. 89_6, § 10, 5_2_89)

Sec. 14_64.21. Tipping fees.

Tipping fees for the receipt and disposition by the county of solid waste from sources other than real property within the county and supplemental tipping fees shall be collected by the county directly. In addition, in the event the annual disposal assessment is ever determined by a court of competent jurisdiction to be invalid, the board of county commissioners, is hereby authorized to utilize tipping fees as authorized herein to finance operation and maintenance of the solid waste disposal and resource recovery system and to fund all obligation under any bond resolution or trust indenture.

(Ord. No. 89_6, § 11, 5_2_89)

Sec. 14_64.22. Annual disposal charge to governmental agencies.

All governmental agencies owning real property within the county shall pay the annual disposal assessment imposed under the provisions of this division as specified in the rate resolution adopted under the provisions of sSection 14_64.14 of this division.

(Ord. No. 89_6, § 12, 5_2_89)

Sec. 14_64.23. Applicability of annual disposal service charge to tax_exempt improved real property.

The exemption of property from taxation under Florida Statutes, chapter 196 or any other law or Constitutional provision shall not relieve the owner of any real property in the county from the provisions of this division or from the imposition by the board of the annual disposal assessment applicable to such property as specified in the rate resolution adopted under the provisions of sSection 14_64.14 of this division. The provisions of this division and the annual disposal assessment imposed by the board shall be fully applicable to such real property.

(Ord. No. 89_6, § 13, 5_2_89)

waste

Sec. 14_64.24. Special waste.

(a) Special waste generated in the county or brought into the county for disposal that cannot be handled by the county pursuant to law or permit conditions established by agencies of governments having jurisdiction over solid waste disposal shall not be delivered to the system but shall be handled and disposed of as is or may be provided by state or federal law or county ordinance entirely at the expense of the person or governmental agency responsible for creating it or bringing it into the county.

(b) As to special waste that may be lawfully handled by the county, the county may incorporate in the rate resolution adopted under sSection 14_64.14 of this division a surcharge in addition to the annual disposal assessment and tipping fees.

(Ord. No. 89_6, § 14, 5_2_89)

Sec. 14_64.25. Services.

The property appraiser and the tax collector shall be paid for the services rendered pursuant to this division such fees and expenses as may be agreed upon between them and the board.

(Ord. No. 89_6, § 15, 6_2_89)

Sec. 14_64.26. Interim disposal assessments.

(a) Findings. It is hereby ascertained, determined, and declared that:

(1) This division contains a determination that a solid waste assessment unit imparts special benefits upon the real property within such unit for which annual disposal assessments are authorized, imposed, and collected pursuant to procedures set forth therein, and the board of county commissioners hereby ratifies and confirms that determination;

(2) The board of county commissioners desires to specify that interim disposal assessments may be imposed and collected at the time of issuance of certain certificates of occupancy in order to ensure that all improved property which is specifically benefitted by a solid waste assessment unit shall be required to share equitably in the cost of providing such special benefits, notwithstanding the inclusion or noninclusion of such specially benefitted improved property in any year's annual disposal assessment roll as an improved property; and

(3) Annual disposal assessments, including any outstanding and unpaid interim assessments, should be collected pursuant to the uniform method provided in the Uniform Assessment Collection Act as codified in Florida Statutes, or by such other alternative methods as may be authorized by law or ordinance.

(b) Definitions. For purposes of this sSection, the definitions set forth in sSection 14_64.12, Hernando County Code of Ordinances shall apply to the terms used herein. In addition to those definitions, the following phrases as used herein shall have the following meanings:

(1) Certificate of occupancy means the written certification issued by the county that a building is ready for occupancy for its intended use. For purposes of this sSection, a set up or tie down permit or its equivalent issued for a mobile home shall be considered a certificate of occupancy.

(2) Uniform Assessment Collection Act means sSections 197.3632 and 197.3635, Florida Statutes (1997), or any successor statutes authorizing the collection of non_ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder.

(c) Interim assessments. An interim disposal assessment shall be imposed against all property for which a certificate of occupancy is issued after the adoption of the annual rate resolution, if such property is not on the current year's annual disposal assessment roll and the use of the property pursuant to the certificate of occupancy is such as would qualify the property for inclusion on such roll if the use had existed in the prior year upon which such roll is based. The amount of the interim disposal assessment shall be calculated upon a monthly rate, which shall be one_twelfth of the annual rate for such property computed in accordance with the annual rate resolution for the year in which the certificate of occupancy is issued. Such monthly rate shall be imposed for each full calendar month remaining in the year. In addition to the monthly rate, any applicable interim disposal assessment shall also include an estimate of the subsequent year's disposal assessment. No certificate of occupancy shall be issued until full payment of any applicable interim disposal assessment is received by the county utilities department. Issuance of the certificate of occupancy without the payment in full of any applicable interim disposal assessments shall not relieve the owner of such property of the obligation of full payment. Any applicable interim disposal assessment not collected prior to the issuance of the certificate of occupancy may be collected pursuant to the Uniform Assessment Collection Act as provided in subsSection (d) of this sSection or by any other method authorized by law or ordinance. Any interim disposal assessment shall be deemed due and payable on the date the certificate of occupancy was issued and shall constitute a lien against such property as of the date. Said lien shall be equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the real property involved and shall be deemed perfected upon the issuance of the certificate of occupancy.

(d) Method of collection:

(1) Unless otherwise directed by the board, the annual disposal assessments and any outstanding and unpaid interim disposal assessments shall be collected pursuant to the uniform method provided in the Uniform Assessment Collection Act, and the county shall comply with all applicable provisions of the Uniform Assessment Collection Act. Any hearing or notice required by this sSection may be combined with any other hearing or notice required by the Uniform Assessment Collection Act or other provision of law.

(2) The amount of an annual disposal assessment to be collected using the uniform method pursuant to the uniform assessment collection act for any specific parcel of benefitted property may include an amount equivalent to the payment delinquency including any interim disposal assessment, delinquency fees and recording costs for a prior year's assessment for a comparable service, facility, or program provided (1) the collection method used in connection with the prior year's assessment or interim assessment did not employ the use of the uniform method of collection authorized by the Uniform Assessment Collection Act, (2) notice is provided to the owner as required under the Uniform Assessment Collection Act, and (3) any lien on the affected parcel for the prior year's assessment or interim assessment is supplanted and transferred to such annual disposal assessment upon certification of a non_ad valorem roll to the tax collector by the county.

(e) Alternative method of collection. In lieu of utilizing the Uniform Assessment Collection Act, the board may elect to collect the annual disposal assessments by any other method which is authorized by law or ordinance.

(f) Applicability. This sSection and the board's authority to impose assessments pursuant hereto shall be applicable throughout the unincorporated area of the county and throughout the incorporated area of any municipality within which any property is now or may hereafter be made subject to collection of disposal assessments by the county.

(g) sSection deemed alternative method:

(1) This sSection shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to power conferred by other laws or ordinances, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This sSection, being necessary for the welfare of the inhabitants of the county, shall be liberally construed to effect the purposes hereof.

(2) Nothing herein shall preclude the board from directing and authorizing, by resolution, the combination with each other of (1) any supplemental or additional notice deemed proper, necessary, or convenient by the county, (2) any notice required by this sSection, or (3) any notice required by law, including the Uniform Assessment Collection Act.