§ 21-99. Adoption of rate resolution and annual solid waste assessment roll.

(a)

The rate resolution shall fix and establish for the ensuing fiscal year:

(1)

The solid waste assessment categories;

(2)

The solid waste assessment to be imposed within each solid waste assessment category;

(3)

The collection charge;

(4)

The disposal charge; and

(5)

The recycling charge of the solid waste assessment.

(b)

On or before August 1 of each year, the board shall adopt by resolution a tentative rate resolution establishing the solid waste assessments proposed to be imposed in the ensuing fiscal year against each lot or parcel of assessed property in the unit for the purpose of providing collection services for the ensuing fiscal year. Upon adoption by the board of the tentative rate resolution, the county administrative shall cause to be prepared a preliminary annual solid waste assessment roll and, upon completion, shall file such preliminary roll with the clerk for public inspection.

(c)

Upon the filing of the preliminary annual solid waste assessment roll with the clerk, the board shall hold a public hearing to adopt the rate resolution and the annual solid waste assessment roll for the ensuing fiscal year. Such hearing shall be held between June 1 and September 15. At such public hearing, the board shall hear comments and objections from owners and other members of the public as to the proposed solid waste assessment categories, solid waste assessments, and the various proposed charges, and shall review the preliminary solid waste assessment roll prepared by the county administrator for preparation in conformity with the tentative rate resolution and this article. The board shall also hear comments or objections from any owner or member of the public as to the method of apportionment of the cost of providing collection services against any parcel of improved property within any solid waste assessment category. The board shall make such increase, decrease or revision to any proposed solid waste assessment or solid waste assessment category as it shall deem necessary or appropriate and shall adopt a rate resolution. In addition, the board shall make such changes, modifications or additions as necessary to conform the preliminary annual solid waste assessment roll with the adopted rate resolution and this article. The board may continue the public hearing to a date and time certain without the necessity of further public notice to allow prior to final adoption increases, decreases or revisions to the tentative rate resolution or changes, modification or additions to the preliminary annual solid waste assessment roll or for such other reason deemed necessary in the sole discretion of the board. If upon completion of such public hearing the board shall be satisfied that the annual solid waste assessment roll has been prepared in conformity with the rate resolution and this article, it shall ratify and confirm such roll; and the chair of the board shall certify the roll to the tax collector no later than September 15 of each year unless a subsequent date is approved by the tax collector.

(d)

Notice of the date, time and place of the public hearing by the board on the adoption of the rate resolution and of the annual solid waste assessment roll shall be published by the board twice in a newspaper of general circulation, with the first publication beginning at least ten days prior to the public hearing, excluding Sundays and legal holidays established by the state. The notice shall set forth the property to be assessed, a schedule of solid waste assessments, solid waste assessment categories and any disposal charges proposed to be fixed and established during the ensuing fiscal year, and shall announce the availability of the preliminary annual solid waste assessment roll for public inspection.

(e)

In the event that the board elects to use the statutory collection procedures contained in section 21-103, notice of the date, time and place of the public hearing for the adoption of the rate resolution and the annual solid waste assessment roll shall be as provided in F.S. § 197.3632(4)(b) if:

(1)

The solid waste assessment is being levied for the first time under the statutory collection procedures;

(2)

The solid waste assessment is increased beyond the maximum rate authorized by law or judicial decree at the time of the initial imposition;

(3)

The boundaries of the unit have changed and all the newly affected property owners have not provided written consent for such assessment to the board; or

(4)

There has been a change in the purpose of the solid waste assessment or in the use thereof.

It shall be presumed that there is no maximum rate established for the solid waste assessment unless such amount is expressly contained within the rate resolution.

(f)

Notwithstanding the mailing or publication of a proposed schedule of assessment, charges and categories, the board shall have full and absolute discretion at such public hearing to increase, decrease or modify any proposed solid waste assessment, solid waste assessment category or disposal charge.

(Code 1979, § 8-97; Ord. No. 33-1989, § 17)