§ 10-71. Definitions.

As used in this article and in article V, the following words and terms shall have the following meanings, unless the context clearly otherwise requires:

Annual rate resolution means the resolution described in section 10-108 or section 10-128, 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 re-imposed.

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 solid waste disposal assessment roll or the solid waste collection assessment roll that receive a special benefit from the delivery of the solid waste and recovered materials disposal or collection services, programs or facilities identified in the initial assessment resolution or a subsequent annual rate resolution.

Assessment collection cost means the estimated cost to be incurred during any fiscal year in connection with the collection of the solid waste disposal assessments, including any service charges of the clerk, tax collector, property appraiser and amounts necessary to off-set the maximum discounts available for early payment of non-ad valorem assessments pursuant to applicable law.

Benefit unit means the Clay County Solid Waste Disposal Municipal Service Benefit Unit established and created by this article, and any expansions or contractions pursuant to the terms and provisions hereof.

Biological waste means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes.

Board means the board of county commissioners of the county.

Building means any structure, whether temporary or permanent, built for the 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.

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

Charter means the Clay County Home Rule Charter, as heretofore amended, and as may be further amended hereafter from time to time.

Clerk means the county manager in his capacity under the charter as clerk of the board, or his or her designee.

Commercial collection service means the collection and transportation of solid waste from commercial property by the owner or any other properly authorized person to a solid waste disposal facility, which results in the payment of disposal fees to the county for disposal of the solid waste.

Commercial property means all improved property other than residential property. The term includes improved property reclassified as commercial property pursuant to section 10-110 or section 10-144.

Condominium means a building or portion thereof containing one (1) or more dwelling units in which each unit is designed for residential occupancy by one (1) family only and which is owned pursuant to the provisions of Chapter 718, Florida Statutes, or its successor in function.

Construction and demolition debris means materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project, including such debris from construction of structures at a site remote from the construction or demolition project, and including rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project. Mixing of construction and demolition debris with other types of solid waste, including material from a construction or demolition site which is not from the actual construction and demolition of a structure, will cause it to be classified as other than construction and demolition debris.

County means Clay County, Florida.

County attorney means the attorney appointed by the board pursuant to the charter or law, or his designee.

County manager means the chief executive officer of the county under the charter, or his designee.

Dwelling unit means a building, or a portion thereof, which is lawfully used for residential purposes, consisting of one (1) or more rooms arranged, designed, used, or intended to be used as living quarters for one (1) family only.

Environmental convenience center means a site for the receipt and temporary storage, pending disposal at a solid waste disposal facility, of solid waste generated by residential property.

Final assessment resolution means the resolution described in section 10-106 or section 10-132 which shall confirm, modify, or repeal the initial assessment resolution and which shall be the final proceeding for the initial imposition of a solid waste service assessment.

Fiscal year means that period beginning October 1 of each year and ending on September 30 of the subsequent year.

Government property means improved property owned by the United States of America or any agency thereof, a sovereign state or nation, the State of Florida 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. The term does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes.

Improved property means all property within the county or the benefit unit, as applicable, on which a building or other improvements, including but not limited to facilities for the provision of retail electrical service to such property, have been placed or constructed, which improvements result in such property generating solid waste or recovered materials or being capable of generating solid waste and recovered materials.

Initial assessment resolution means the resolution described in section 10-103 or section 10-128 which shall be the initial proceeding for the identification of the solid waste disposal cost or solid waste collection cost for which an assessment is to be made and for the imposition of a solid waste service assessment.

Obligations means bonds, notes, commercial paper, capital leases or any other obligations of the county issued or incurred to finance any portion of the solid waste disposal cost and secured, in whole or in part, by proceeds of the solid waste disposal assessments.

Owner means the person owning residential property or otherwise reflected as the owner of assessed property on the tax roll.

Person means any individual, partnership, firm, organization, corporation, association or any other legal entity, whether singular or plural, masculine or feminine, as the context may require.

Property appraiser means the property appraiser of the county.

Recovered materials means metal, paper, glass, plastic, textile, 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 reuse 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 property means all improved property used as single-family dwelling units, apartments or condominiums consisting of less than four (4) dwelling units within the same building unless such improved property has been reclassified as commercial property pursuant to section 10-110 or section 10-144, and apartments or condominiums consisting of four (4) or more dwelling units within the same building classified under section 10-118 or section 10-148.

Solid waste means sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. The term does not include hazardous waste or recovered materials.

Solid waste collection assessment means the special assessment lawfully imposed by the county against residential property to pay all or any portion of the solid waste collection cost attributable to solid waste and recovered materials collection services, facilities and programs, including any applicable delinquencies and costs associated with the structure, implementation, collection and enforcement of the assessments.

Solid waste disposal assessment means the special assessment lawfully imposed by the county against residential property to:

(1)

Pay all or any portion of the solid waste disposal cost;

(2)

If applicable, pay an amount equivalent to any delinquent payments in the manner authorized in section 10-101(c); and

(3)

Pay the assessment collection cost.

Solid waste collection assessment roll means the special assessment roll relating to a solid waste collection assessment approved by a final assessment resolution pursuant to section 10-132 or an annual rate resolution pursuant to section 10-134.

Solid waste collection cost means the amount necessary to fund the county's collection of solid waste and recovered materials that are 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 county, or through contractual arrangements with the county relating to solid waste and recovered materials management and collection 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 county and due for solid waste and recovered materials management and collection 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 collection 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 collection assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the board;

(10)

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

(11)

Reimbursement to the county or any other person for any monies advanced for any costs incurred by the county or such person in connection with any of the foregoing items of solid waste collection cost.

Solid waste disposal assessment roll means the special assessment roll relating to solid waste disposal assessments, approved by a final assessment resolution pursuant to section 10-106.

Solid waste disposal cost means the amount necessary in any fiscal year to fund that portion of the solid waste management and disposal activities allocable to residential property located within the benefit unit.

Solid waste disposal facility means any site, place or facility operated, maintained or designated by the county, which is the final resting place for solid waste.

Solid waste service assessment means the solid waste disposal assessment and/or the solid waste collection assessment either individually or collectively as the context may require.

Special residential waste means solid waste generated on residential property that is not typical of daily housekeeping in the course of normal residential occupancy. Special residential waste includes items such as automobile, boat and mobile home components and parts, machines and machine parts, fencing, roofing shingles, and special waste other than used oil, lead-acid batteries, ash residue, minimal amounts of construction and demolition debris, and typical amounts and constituents of yard trash. Amounts of construction and demolition debris deemed minimal are those that do not exceed one (1) cubic yard with no single item or container which exceeds fifty (50) pounds in weight and four feet by four feet by four feet (4' × 4' × 4') in dimension. Amounts and constituents of yard trash deemed typical mean those that are ordinarily and customarily expected to be generated from the normal maintenance of the lawns and landscaping associated with a residential property and not exceeding five (5) cubic yards or thirty (30) bags. Amounts and constituents of yard trash not deemed typical include, but are not limited to, vegetative debris resulting from land-clearing operations or substantial re-landscaping activities, and limbs and tree trunks exceeding six (6) inches in diameter or four (4) feet in length.

Special waste means solid waste that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue and yard trash. Special waste does not include biological waste.

Tax collector means the tax collector of the county.

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 Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes.

White goods means inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances.

Yard trash means vegetative matter resulting from landscaping maintenance and land-clearing operations.

(Ord. No. 93-19, § 1.01, 6-8-93; Ord. No. 93-28, § 1, 8-24-93; Ord. No. 98-15, § 1, 4-14-98; Ord. No. 98-35, § 1, 6-9-98; Ord. No. 2006-53, § 1, 10-10-06)