§ 21-74. Responsibility of property owners and businesses.

The owners and occupants of improved property and businesses that operate within the county shall use the collection services provided by the collector for the service area where such property is located, unless exempted by the provisions of this article. All improved property shall be subject to the imposition of the solid waste assessment for such services as may be established in the rate resolution.

(1)

Residential collection service.

a.

The owner of residential property shall pay to the county the solid waste assessment imposed on such residential property for the benefits received by such property for the residential collection service provided or made available.

b.

The owner shall provide garbage receptacles adequate to contain all domestic solid waste generated from their residential property in accordance with the provisions herein.

c.

Any owner that either denies a collector access to his property by prohibiting the use of a private road or that resides on a road that is inadequate for use by a collector's vehicle, as determined by the county, shall be required to transport all solid waste generated from his property to the nearest county-approved road for collection in accordance with the provisions of this article, unless exempted under this article.

(2)

Commercial and governmental collection service.

a.

The owners and occupants of commercial property, businesses that operate within the county and governmental property that generates solid waste regardless of use, within the county shall enter into an agreement with a collector for the service area where such commercial property or business is located to provide commercial and governmental collection service. A business that has obtained a home occupation special use permit pursuant to section 130-124 of the Monroe County Code shall be exempt from the requirement of this subparagraph.

b.

The board shall adopt the commercial and governmental rates charged the owner and occupants of commercial and governmental property at a public hearing to be held in conjunction with the public hearing on solid waste non-ad valorem assessments described in F.S. § 197.3632(4)(b). Notice of the public hearing on commercial and governmental rates, stating the place and time of the hearing and the proposed rates, shall be published at least 20 days in advance of the hearing in quarter-page advertisement in a newspaper of general circulation in the county in a section of the paper not reserved for classified advertising. In the event the board decides to use F.S. § 197.3632(6), and no public hearing is held on solid waste non-ad valorem assessments, the board shall still hold a public hearing to adopt the commercial and governmental collection rates on or before September 30 of each year, noticed according to the preceding method. Nothing in this section shall preclude the board from also imposing a solid waste non-ad valorem assessment against commercial property.

(Code 1979, § 8-84; Ord. No. 33-1989, § 9; Ord. No. 25-1992, § 1; Ord. No. 019-2010, §§ 2, 3 )