§ 96.13 SERVICE CHARGES.
   There is hereby levied and assessed against each and every person, firm, partnership, corporation, or other legal entity owning, occupying or using any building, structure, residence, duplex unit, triplex unit, multiple dwelling unit, or commercial establishment within the corporate limits of the city and upon each and every condominium association and cooperative association a service charge or charges for the collection of refuse by the city or city contractor in accordance with the following schedule. In addition, a special services fee to cover the city’s cost for bulk waste pickup, collection of illegally dumped material, and recycling shall be added to each residential customer account.
   (A)   Residential customer. For residential customers using roll cart service, which are billed by the city, a monthly service charge shall be imposed. With the exception of multi-family dwellings, an additional monthly fee shall be imposed for collection other than curbside and must be for a minimum of three months. This fee may be imposed where the design of the property prohibits the service vehicle from entering the location for the collection of waste, thus requiring walk-out service. Properties may request this service by writing to the Public Works Director or his designee. This fee may be waived by city where all occupants of a dwelling unit are physically incapacitated and unable to transport their garbage curbside. Proof of physical incapacity or inability must be provided to the Public Works Director or his designee and he may impose such reasonable conditions as may be required for waiver and certification. Trailer parks shall incur a charge for each trailer pad regardless of whether any pad spaces are occupied or vacant. Trailer parks using dumpster containers shall pay the charges as set out in subsection (B) (commercial or business establishments and construction & demolition) below. Solid waste rates have been negotiated in the terms of the solid waste hauling and solid waste disposal contracts. All pricing and adjustments thereto shall be established per the terms of the aforesaid contracts. Current rates shall be made available at the City Clerk's office, posted on the city's website, and forwarded to the City Commission at the beginning of each fiscal year.
      (1)   Residences with roll cart service and billed directly by city. All costs are represented by the unit. Pricing is inclusive of hauling, disposal and service fee.
      (2)   Residences with dumpster services:
Multi-Family & Mobile Homes Non-Compacted Dumpster
Pricing is inclusive of hauling, disposal and special service fee.
Multi-Family Compacted Dumpster
Pricing is inclusive of hauling, disposal and special service fee.
   (B)   Commercial or business establishments and construction & demolition.
Commercial or Business Establishments Non-Compacted Dumpster
Pricing is inclusive of hauling, disposal and special service fee.
Commercial or Business Establishments Compacted Dumpster
Pricing is inclusive of hauling, disposal and special service fee.
Commercial or Business Establishments Roll-Off Municipal Solid Waste (MSW) Service
Pricing is per pull including special service fee.
The cost for disposal is a direct pass through.
Commercial or Business Establishments Roll-Off C&D, Bulky and Misc. Waste Service
Pricing is all inclusive, including disposal and franchise fee.
Commercial or Business Establishments Roll Cart Service
Pricing is all inclusive, including special service fee, on a monthly basis.
Containers will only be serviced twice per week.
   (C)   Administrative service charge. Each customer account will be charged an administrative service charge of $1.25 per month to cover the city’s billing and overhead costs. The administrative service charge shall be prorated on a daily basis for all initial and final bills.
   (D)   Special pickups. The charge for special material pickups (trash, appliances, furniture, and the like) shall be $20.00 per cubic yard up to a $300.00 charge per 20 cubic yard truck load with a minimum charge of $35.00 per pickup. Special pick-up service charges to persons, firms, or corporations shall be paid in advance before the rendering of services.
   (E)   Payments.
      (1)   Service charges to trailer pads (mobile homes) and multiple dwellings billed as to the number of roll carts and all commercial establishments shall be invoiced and collected by the city’s contractor pursuant to any agreements which may be entered into from time to time between the city and the contractor.
      (2)   Service charges to residences, trailer pads (mobile homes) and multiple dwellings using roll carts, with the exception of multiple dwellings choosing to be billed as to the number of roll carts shall be billed and collected by the city with the exception of certain accounts which are to be billed and collected by the city’s contractor pursuant to any agreements which may be entered into from time to time between the city and the contractor. Charges to accounts which receive city water service shall be billed and collected with and as a part of the water bill of the city. Failure to pay the refuse collection charge appearing on any water bill shall result in the suspension of solid waste services.
      (3)   Failure to pay any refuse collection service charge promptly on its becoming due and payable may result in immediate termination of service and removal of any bulk containers. In addition, the city and its contractor reserve the right to exercise any legal remedies available to effect the collection of any unpaid charge. All refuse collection service charges or portions thereof which are not paid when due and all interest accruing thereon shall constitute, and are hereby imposed as, special assessment liens against the real property receiving the service, and until fully paid and discharged, or barred by law, shall remain liens equal in rank and dignity which the lien of city and county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to, or against the real property involved.
      (4)   Whenever a bill for refuse collection service remains unpaid 60 days after it has been rendered, the lien may be recorded in the official records book for the county. The lien shall contain the legal description of the premises served and the amount of the unpaid bill together with interest thereon at the rate of 8% per annum from the date of the recording of the lien. If a lien is recorded, an additional charge of $25.00 shall be added to the amount of the lien to cover the costs of administration and recording. Failure to record the lien shall not affect the right to foreclose the lien for unpaid refuse collection service as herein set forth.
      (5)   Property subject to a lien for unpaid refuse collection service charges maybe foreclosed by the city in the manner provided by state law for the foreclosure of mortgages on real property, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of F.S. Chapter 173, or payment thereof enforced otherwise as authorized by law.
(‘58 Code, § 17.04) (Ord. 71-30, passed 6-22-71; Am. Ord. 88-01, passed 10-6-87; Am. Ord. 88-11, passed 11-10-87; Am. Ord. 88-91, passed 9-27-88; Am. Ord. 89-86, passed 9-5-89; Am. Ord. 91-02, passed 10-2-90; Am. Ord. 91-55, passed 6-4-91; Am. Ord. 91-85, passed 9-24-91; Am. Ord. 92-16, passed 12-17-91; Am. Ord. 92-72, passed 9-29-92; Am. Ord. 93-79, passed 9-28-93; Am. Ord. 94-65, passed 9-20-94; Am. Ord. 96-1, passed 10-3-95; Am. Ord. 96-94, passed 9-24-96; Am. Ord. 97-57, passed 5-27-97; Am. Ord. 97-86, passed 9-23-97; Am. Ord. 98-11, passed 11-25-97; Am. Ord. 98-14, passed 11-25-97; Am. Ord. 98-62, passed 9-22-98; Am. Ord. 2000-47, passed 3-28-00; Am. Ord. 2000-60, passed 5-23-00; Am. Ord. 2001-15, passed 11-28-00; Am. Ord. 2001-80, passed 9-25-01; Am. Ord. 2002-66, passed 9-24-02; Am. Ord. 2004-03, passed 10-14-03; Am. Ord. 2004-76, passed 9-28-04; Am. Ord. 2006-1, passed 10-11-05; Am. Ord. 2007-02, passed 10-10-06; Am. Ord. 2008-05, passed 10-23-07; Am. Ord. 2009-10, passed 10-28-08; Am. Ord. 2010-01, passed 10-27-09; Am. Ord. 2010-51, passed 9-28-10; Am. Ord. 2011-23, passed 2-8-11; Am. Ord. 2012-02, passed 10-11-11; Am. Ord. 2012-66, passed 9-11-12; Am. Ord. 2013-03, passed 10-9-12; Am. Ord. 2013-62, passed 5-28-13; Am. Ord. 2013-80, passed 9-24-13; Am. Ord. 2015-05, passed 10-28-14; Am. Ord. 2016-21, passed 10-27-15; Am. Ord. 2016- 45, passed 2-23-16; Am. Ord. 2016-78, passed 9-27-16; Am. Ord. 2018-16, passed 12-12-17; Am. Ord. 2019-14, passed 12-11-18) Penalty, see § 10.99