HomeMy WebLinkAboutOrdinance No. 01-1977•
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ORDINANCE NO. 1 -77,>/
AN ORDINANCE AMENDING ORDINANCE NO. 5 -74 AS
AMENDED, PERTAINING TO GARBAGE AND TRASH
COLLECTION, BY PROVIDING FOR A SCHEDULE OF RATES
FOR GARBAGE COLLECTION; BY PROVIDING METHOD OF
COLLECTION OF GARBAGE FEES; BY IMPOSING A LIEN
UPON REAL AND PERSONAL PROPERTY FOR NON - PAYMENT
OF GARBAGE FEES; BY PROVIDING PENALTIES; BY DELET-
ING SCHEDULE OF MECHANICAL CONTAINER RENTAL
RATES; REPEALING ALL ORDINANCES OR PARTS THEREOF
AND ALL SECTIONS OF CITY CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Ordinance No. 5 -74, as amended, of the City of Cape
Canaveral, Florida, is hereby amended as follows:
(1) Sections 12, 13 and 14 of said Ordinance shall be renumbered to
read: 13, 14 and 15.
(2) A new Section 12 shall be added thereto, as follows:
"12. (a) Schedule of Garbage Fees
The owner of any residence or commercial building within the City
of Cape Canaveral, Florida, shall pay the following garbage fee as
provided for in Section 2 hereof:
Single family residences, condominiums
and duplexes
Multiple family and apartments having
more than one bedroom per unit
Multiple family and apartments having
one bedroom or less per unit
Trailer parks and lots
Commercial accounts using a dumpster
$4. 75 per month per unit
$3. 80 per month per unit
$3. 35 per month per unit
$3. 80 per month per lot
$1. 75 per yard per pickup
calculated upon the size
of the container used
Commercial accounts using other
receptacles $4. 75 per month
The above initial schedule of rates and fees is subject to revision from
time to time as may be necessary, and all subsequent revisions shall
be by resolution of the City Council of the City of Cape Canaveral,
Florida.
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(b) Failure of users to pay for the garbage fees in the preceding
subsection within 30 days of the billing date shall be a violation of this
ordinance. In addition, the City shall have the right to seek enforce-
ment and collection of the overdue fee through civil proceedings in a
court of competent jurisdiction, including a reasonable attorney's fee
and court costs, if such civil action is necessary.
(c) All garbage service charges becoming due and payable on or
after the effective date of this chapter shall constitute and are hereby
imposed as a special assessment lien against the real property and
personal property aforesaid, and until fully paid and discharged, shall
remain liens equal in rank and dignity with the City ad valorem taxes,
and superior in rank and dignity to all liens, eucumbrances, titles and
claims in, to or against the real property involved. Such garbage fees
shall become delinquent if not fully paid within 30 days after due date.
All delinquent service charges shall bear a penalty of 1% per month from
due date. Unpaid delinquent service charges, together with all penalties
imposed thereon shall remain and constitute special assessment liens
against the real and personal property involved. Such special assessment
liens for garbage service charges and penalties shall be enforced by any
of the methods provided in Chapter 86, Florida Statutes, or in the
alternative, foreclosure proceedings may be instituted and prosecuted
under the provisions of Chapter 173, Florida Statutes, or the collection
and enforcement of payment thereof may be accomplished by any other
method authorized by law.
(d) In addition to the collection procedure and foreclosure procedure
established in the preceding sub - sections, the City Clerk is hereby em-
powered to discontinue water and /or sewer service to the owner of any
residence, commercial building or establishment who fails to pay the
monthly garbage charge as provided for in this sub - section.
(e) The City may either bill the condominium associations located
within the City, or the individual condominium unit owners at the dis-
cretion of the various condominium associations, for the calendar year
1977. It is the intent of this paragraph that those condominium associa-
tions who are unable to increase their monthly maintenance fees for the
calendar year 1977 may elect to have the individual condominium owners
pay their respective garbage bills each month. It is further the intent of
this ordinance that beginning the calendar year 1978, eheh of the
respective condominium associations within the City of Cape Canaveral
will be responsible for the monthly condominium garbage fees provided
herein. The City Treasurer shall determine how each of the condominium
associations choose to be billed for these services during the calendar
year 1977 and shall then bill accordingly. "
(3) Section 2. (d) entitled "Schedule of Mechanical Container Rental
Rates" is hereby deleted in its entirety.
SECTION 2. All ordinances or parts thereof, or sections of the
Code of the City of Cape Canaveral in conflict herewith are hereby
repealed.
ORDINANCE NO, 1 -77
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SECTION 3. Payment of the garbage fees as provided in Section
1(2) hereof shall commence on February 1, 1977.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 15th day of February, 1977.
Mayor
FIRST READING: 1-18-77
POSTED: 1-19-77
ADVERTISED: 1- 24-77
SECOND READING: 2-15-77
ORDINANCE NO. 1 -77
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