§ 20-126. 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 20-164, establishing the rate at which an annual wastewater 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 an annual wastewater assessment is imposed or reimposed.

Annual wastewater assessment means a special assessment lawfully imposed by the board against assessed property to permit payment of the assessable costs over a period of years.

Assessable costs means the amount computed by adding:

(1)

The amount of the capacity fee;

(2)

All costs associated with the structure, implementation, collection, and enforcement of the annual wastewater assessments, including any service charges of the county, tax collector, or property appraiser and amounts necessary to offset discounts received for early payment of annual wastewater assessments pursuant to the Uniform Assessment Collection Act; and

(3)

Any other costs or expenses related to the collection of the assessment costs.

Assessed property means all parcels of land included on the assessment roll that receive a special benefit from the delivery of the wastewater services and facilities identified in the initial assessment resolution or the annual rate resolution.

Assessment interest amount means the annual interest rate charged against the unpaid assessable costs by a utility provider pursuant to a duly enacted resolution.

Assessment roll means the special assessment roll relating to an annual wastewater assessment approved by a final assessment resolution pursuant to section 20-162 or an annual rate resolution pursuant to section 20-164.

Building means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind, including mobile homes. This term shall include the use of land in which lots or spaces are offered for use, rent or lease for the placement of mobile homes, travel trailers, or the like for residential purposes.

Capacity fee means the fee established by a utility provider in the utility rate resolution to fund the capital cost of the wastewater capacity attributable to a connection.

Clerk means the clerk of the circuit court for the county, as ex officio clerk of the board and such other person as may be duly authorized to act on his behalf.

Connection means the physical interconnection of a building's sanitary sewer system to a central sewerage system provided by a utility provider.

Consent and acknowledgment agreement means the agreement, required as provided in sections 20-158 and 20-159, as a condition precedent to the owner receiving the privilege of paying the assessable costs in installments as an annual wastewater assessment rather than as a lump sum at the time of connection. The consent and acknowledgment agreement shall provide for the consent of the owner to the imposition of an annual wastewater assessment against the owner's property, acknowledge the total assessable costs, acknowledge the amount and use of the annual wastewater assessment, confirm the benefit accruing to the owner's property from the assessable costs and the imposition of the annual wastewater assessment, confirm the assessment interest amount, confirm the wastewater assessment term for the installment payment of the annual wastewater assessment, acknowledge the maximum annual wastewater assessment and that failure to pay the annual wastewater assessment will cause a tax certificate to be issued against the owner's property that will result in a loss of title under the Uniform Assessment Collection Act, and waive the provision of first class mailed notice provided for under the Uniform Assessment Collection Act.

County administrator means the chief administrative officer of the county, designated by the board to be responsible for coordinating the annual wastewater assessments, or such person's designee.

Final assessment resolution means the resolution described in section 20-162 that shall confirm, modify, or repeal the initial assessment resolution and that shall be the final proceeding for the initial imposition of annual wastewater 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 county.

Government property means 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.

Initial assessment resolution means the resolution described in section 20-158 that shall be the initial proceeding for the identification of the assessable costs for which an assessment is to be made and for the imposition of an annual wastewater assessment.

Initial wastewater assessment installment means the initial installment in the wastewater assessment term required to be paid at the time of the execution of a consent and acknowledgment agreement as a condition for an owner to exercise the privilege to pay the assessable costs in installments as provided in section 20-159.

Initial wastewater assessment notice means the initial certification provided by a utility provider required under section 20-158 for the preparation of the initial assessment resolution.

Ordinance means this wastewater assessment article, as amended by ordinance from time-to-time.

Owner means the person 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.

Supplemental annual wastewater assessment means a new annual wastewater assessment not included or the initial assessment roll certified by the utility provider or in a supplemental wastewater assessment notice previously certified by the utility provider pursuant to section 20-164.

Supplemental wastewater assessment notice means the certification required under section 20-164 for the preparation of an annual rate resolution provided by the utility provider for fiscal years subsequent to the fiscal year in which the initial assessment resolution is prepared.

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 F.S. § 197.3635, 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.

Utility provider means all publicly owned wastewater utilities operating in the unincorporated area of the county and all privately owned wastewater utilities operating within the unincorporated area of the county where the county has purchased utility capacity from that utility, including, but not limited to, the Florida Keys Aqueduct Authority, the Key Largo Wastewater Treatment District and the KW Resort Utility operating within South Stock Island.

Utility rate resolution means the schedule of rates, fees, and charges duly approved by the board or by a utility provider.

Wastewater assessment term means the number of installments, excluding the initial assessment installment, that an annual wastewater assessment is to be imposed as documented in the initial wastewater assessment notice or a supplemental wastewater assessment notice. The wastewater assessment term shall not exceed a time period of 20 years.

(Code 1979, § 15.5-131; Ord. No. 027-2003, § 1.01)