§ 46-61. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Annual rate resolution means the resolution described in section 46-93, establishing the rate at which a solid waste service assessment for a specific fiscal year will be computed. The final assessment resolution shall constitute the annual rate resolution for the initial fiscal year in which a solid waste service assessment is imposed or reimposed.

Apartment means a rental dwelling unit located within the same building as other dwelling units.

Assessed property means all parcels of land included on the assessment roll that receive a special benefit from the delivery of the solid waste collection and disposal services, programs, or facilities identified in the initial assessment resolution or a subsequent preliminary rate resolution.

Assessment roll means the special assessment roll relating to a solid waste service assessment approved by a final assessment resolution pursuant to section 46-91 or an annual rate resolution pursuant to section 46-93.

Biohazardous waste means any solid waste which may present a threat of infection to humans. The term "biohazardous waste" includes, but is not limited to, non-liquid human tissue and body parts, laboratory and veterinary waste which contains human disease-causing agents, used disposable sharps, human blood, and human blood products and body fluids, and other materials which represent a significant risk of infection to persons outside of the generating facility.

Building means any structure, whether temporary or permanent, built for support, shelter, or enclosure of persons, chattel, or property of any kind. This term shall include mobile homes or any vehicles serving in any way the function of a building.

Bulk trash means any vegetative large items of various types which cannot be cut for placement in a garbage container. Bulk trash shall not include white goods, automobiles and automotive components, internal combustion engines, or construction debris. Bulk trash shall include carpeting of any diameter if folded, tied, and rolled or bundled and cut in lengths of six feet or less.

Certificate of occupancy means the written certification issued by the village that a building is ready for occupancy for its intended use. For the purposes of this article, a setup or tiedown permit, or its equivalent, issued for a mobile home shall be considered a certificate of occupancy.

Commercial collection service means the collection and transportation of solid waste from commercial property by the village or its franchisee to a solid waste disposal facility.

Commercial property means all improved property other than residential property.

Construction debris means materials generally not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, or roofing material, pipe, gypsum wallboard, and lumber. Construction debris shall include materials from the construction or destruction of a structure as part of a construction or demolition project, including rocks, soil, stumps, and other vegetative matter which normally results from land clearing or land development operations for a construction or home improvement project.

Dwelling unit means a building, or a portion thereof, which is located upon residential property and lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only.

Final assessment resolution means the resolution described in section 46-91, which shall confirm, modify, or repeal the initial assessment resolution and which shall be the final proceeding for the initial imposition of solid waste service assessments.

Fiscal year means that period commencing October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the village.

Franchisee means an entity granted a franchise by the village to collect, transport, and dispose of solid waste within the village.

Garbage means every refuse accumulation of animal, fruit, vegetable, or organic matter that attends the preparation, use, cooking, and dealing in, or storage of, meats, fish, fowl, fruit, or vegetables, and which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects.

Government property means residential property owned by the United States of America or any agency thereof, a sovereign state or nation, the state or any agency thereof, a county, a special district, or a municipal corporation.

Hazardous waste means solid waste, or a combination of solid 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.

Improved property means all property within the incorporated area of the village on which a building or other improvements have been placed or constructed, which improvements result in such property generating solid waste or being capable of generating solid waste.

Initial assessment resolution means the resolution described in section 46-87, which shall be the initial proceeding for the identification of the solid waste cost for which an assessment is to be made, and for the imposition of a solid waste service assessment.

Owner means the person reflected as the owner of assessed property on the tax roll.

Preliminary rate resolution means the resolution described in section 46-93 initiating the annual process for updating the assessment roll, and directing the reimposition of solid waste service assessments pursuant to an annual rate resolution.

Prohibited waste means any hazardous waste, biohazardous waste, or special waste.

Property appraiser means the county property appraiser.

Recyclable materials means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste, such as:

(1)

Newspapers, including the normal percentage of rotogravure and colored sections, but not including telephone books, magazines, and any paper other than newspaper;

(2)

Aluminum beverage cans, commingled with ferrous food containers;

(3)

High density polyethylene plastics (HDPE) commingled with polyethylene terephthalate plastics (PET);

(4)

Clear glass;

(5)

Brown glass; and

(6)

Green glass.

The term "recyclable materials" shall not include prohibited waste, white office paper, aerosol cans, pharmaceutical glass containers, medical waste containers, pesticide containers, or containers originally containing prohibited waste.

Residential property means all improved property used as single-family dwelling units, apartments, or condominiums, except for improved property provided with commercial container service by an authorized commercial collection service provider at the time the annual assessment resolution is adopted.

Solid waste includes garbage, yard trash, bulk trash, white goods, or other discarded material resulting from normal housekeeping activities, and shall exclude prohibited waste.

Solid waste cost means the amount necessary to fund the solid waste collection, disposal, and recycling activities of the village allocable to assessed property during a fiscal year, and shall include, but not be limited to:

(1)

The cost, whether direct or indirect, of all services, programs, or facilities provided by the village, or through contractual arrangements with the village, relating to solid waste management and disposal activities;

(2)

The cost of any indemnity or surety bonds and premiums for insurance;

(3)

The cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits;

(4)

The cost of computer services, data processing, and communications;

(5)

The cost of training, travel, and per diem;

(6)

The recovery of unpaid or delinquent fees or charges advanced by the village and due for solid waste management and disposal services, programs, or facilities allocable to specific parcels;

(7)

The cost of engineering, financial, legal, or other professional services;

(8)

All costs associated with the structure, implementation, collection, and enforcement of the solid waste service assessments or a prior year's assessment for a comparable service, facility, or program, including any service charges of the tax collector or property appraiser;

(9)

All other costs and expenses necessary or incidental to the acquisition, provision, or delivery of the services, programs, or facilities funded by the solid waste service assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the village council;

(10)

A reasonable amount for contingency and anticipated delinquencies and uncollectible solid waste service assessments; and

(11)

Reimbursement to the village or any other person for any monies advanced for any costs incurred by the village or such person in connection with any of the items of solid waste cost set forth in this definition.

Solid waste service assessment means a special assessment lawfully imposed by the village against assessed property to fund all or any portion of the cost of the provision of solid waste collection and disposal services, facilities, or programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of the assessed property.

Special waste means solid waste that requires special handling and management, including, but not limited to, asbestos, whole tires, used tires, used oil, lead-acid batteries, and biohazardous wastes, and includes items that exceed any size limitations for yard trash and bulk trash.

Tax collector means the county tax collector.

Tax roll means the real property ad valorem tax assessment roll maintained by the property appraiser for the purpose of the levy and collection of ad valorem taxes.

Uniform Assessment Collection Act means F.S. §§ 197.3632 and 197.3635, or any successor statutes authorizing the collection of non-ad valorem assessment on the same bill as ad valorem taxes, and any applicable regulations promulgated under such act.

Village manager means the chief administrative officer of the village, designated by the village council to be responsible for coordinating solid waste service assessments, or such person's designee.

White goods means discarded refrigerators, washing machines, dryers, ranges, water heaters, freezers, air conditioning units, and other similar large appliances.

Yard trash means vegetative matter resulting from normal yard and landscaping maintenance, and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, or small tree branches that shall not exceed four feet in length and four inches in diameter.

(Ord. No. 99-11, § 1.01, 8-5-1999)

Cross reference

Definitions generally, § 1-2.