§ 49-2. Definitions.

For the purposes of this chapter, the definitions contained in this section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not merely discretionary.

"Annual rate resolution" means the resolution described in section 49-68 hereof, establishing the rate at which a solid waste service 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 a solid waste service assessment is imposed or reimposed.

"Assessed property" means all parcels of land included on the assessment roll that receive a special benefit from the delivery of the solid waste collection and disposal services, programs or facilities identified in the initial assessment resolution or a subsequent preliminary rate resolution.

"Assessment ordinance" means this ordinance, as codified in article III of this chapter.

"Assessment roll" means the special assessment roll relating to a solid waste service assessment approved by a final assessment resolution pursuant to section 49-66 hereof or an annual rate resolution pursuant to section 49-68 hereof.

"Biohazardous, biological or biomedical waste" means those wastes which may present a threat of infection to humans as set forth in Chapter 17-712, Florida Administrative Code, as it may be amended from time-to-time. The term includes, but is not limited to, non-liquid human tissue and body parts, laboratory and veterinary waste which contains human disease-causing agents, used disposable sharps, human blood, and human blood products and body fluids, and other materials which represent a significant risk of infection to persons outside of the generating facility.

"Board" means the Board of County Commissioners of Okeechobee County, Florida.

"Building" means any structure, whether temporary or permanent, built for the support, shelter or enclosure of persons, chattel or property of any kind. This term shall include mobile homes or any vehicles serving in any way the function of a building.

"Building department" means the administrative office of the county designated by the board to collect interim solid waste service assessments, or such office's designee.

"Building permit" means an official document or certificate issued by the county, under the authority of ordinance or law, authorizing the construction or siting of any building within the county. The term "building permit" shall also include set up or tie down permits, or their functional equivalent, for those structure or buildings, such as a mobile home, that do not require a building permit in order to be constructed.

"Bulk items" mean those items that may require special handling and management including, but not limited to, white goods; any materials resulting from home improvements; any and all household goods and furniture; horticultural materials which are greater than four feet in its longest dimension or greater than five inches in diameter or weights more than 40 pounds per item; and any other such items which cannot be loaded into a rear-packer type truck. Bulk items must be usual to housekeeping and must be generated by the customer at the dwelling unit, wherein the bulk items is collected. Bulk Items do not include items herein defined as exempt waste.

"Calendar year" means the 12 calendar months commencing January 1 and ending December 31.

"Certificate card" shall mean that card which shall be issued to a person [who] which has complied with the requirements of section 49-23.

"Certificate of occupancy" means the written certification issued by the county building department that a building is ready for occupancy for its intended use. For the purpose of the assessment ordinance, a set up or tie down permit, or their functional equivalent, issued for a mobile home shall be considered a certificate of occupancy.

"Clerk" means the clerk of the board, or his designee.

"Collection ordinance" means article II of this chapter.

"Collector" means those persons who are certified under the provision of section 49-23 or who are awarded a franchise contract to provide residential collection services.

"Commercial collection service" means the collection of residential solid waste generated by commercial property provided by a collector or by a person granted an exemption under section 49-30.

"Commercial container" means and includes any detachable receptacle or roll-off box for disposal of solid waste designed or intended for mechanical pickup. See also section 49-24(c)(3).

"Commercial property" means all improved property which is used for nonresidential, commercial, governmental or industrial purposes, a recreational vehicle park, or a dwelling unit which has elected to be classified as commercial property for the purpose of this chapter.

"Construction waste" shall mean nonhazardous materials generally considered not to be water soluble, or a combination of such materials, which consist of the remnants or debris from the construction, reconstruction, remodeling or demolition of any structure, and shall include, but not be limited to, steel, concrete, glass, roofing materials, asphalt, wood, tar, brick, cement and gypsum board.

"County" means Okeechobee County, Florida.

"County administrator" means the chief administrative officer of the county appointed by the board, or his designee.

"Covered top" means a top that fully covers the entire area where solid waste could reasonably be transported in a vehicle. The top may be made either of solid materials or of a close woven cloth material. If a cloth material is used as a top, the material must be large enough to lap over the sides of the vehicle a minimum of six inches on all sides and must be tied down on all sides with ties no further than 18 inches apart.

"Curbside" means six feet from the driving surface of the roadway.

"Customer" means the owner or occupant of improved property.

"Disposal charge" means the charge or rate established each year pursuant to the Okeechobee County Landfill Privatization Agreement dated December 13, 1991, by and among Okeechobee County, Chambers Waste Systems of Florida, Inc., and Chambers Development Company, Inc., as may be amended from time to time, for the disposal of categories of solid waste within the county.

"Dwelling unit" means a Building, or a portion thereof, which is located upon residential property and lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family unit only.

"Exempt waste" means any hazardous waste, biohazardous, biological or biomedical waste, sludge, construction waste, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, used oil, or tires.

"Final assessment resolution" means the resolution described in section 49-68 hereof which shall confirm, modify, or repeal the initial assessment resolution and which shall be the final proceeding for the initial imposition of solid waste service assessments.

"Final inspection" means the final inspection by the county building department required to be made after a building and its electrical, plumbing, mechanical and gas systems are completed and the structure is ready for occupancy.

"Fiscal year" means 12 calendar months commencing October 1 and ending September 30 or such other period as may be prescribed by law as the fiscal year for the county.

"Franchise contract" means the franchise awarded by the board to a collector for residential and commercial collection service within a service area pursuant to section 49-22, and may or may not include the collection and disposal of certain types of residential solid waste, which is collected pursuant to a county recycling program instituted pursuant to F.S. ch. 403, or it successors in function.

"Garbage" means every refuse accumulation of animal, fruit, vegetable, or organic matter that attends the preparation, use, cooking and dealing in, or storage of, meats, fish, fowl, fruit or vegetables, and decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ carrying insects.

"Garbage container" means and includes any steel, plastic or galvanized receptacle which can be safely and securely closed. See also sections 49-24(b)(7) and 49-25(b)(2) for residential containers and section 49-24(c)(3) for commercial containers.

"Governmental property" means all property owned by any federal, state, county, municipal or local agencies, or any agency of such governmental unit, including school boards.

"Hardship exemption" means the exemption from payment of the annual solid waste service assessment by an owner of residential property whose gross income, when combined with income of other occupants of such property, is less than the income exemption standard for the number of occupants of such Residential property.

"Hazardous waste" means material, or combinations of materials, which because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed. These wastes include, but are not limited to waste identified as hazardous waste by any state or federal law, rule, regulation or permit.

"Improved property" means all residential property or commercial property within the unincorporated area of the county on which a building or other improvements have been placed or constructed, which improvements result in such property generating solid waste or being capable of generating solid waste.

"Income exemption standard" means the cumulative gross income of all lawful occupants of a residential property which is equal to or less than 50 percent of the federal poverty level guidelines for the total number of occupants of such residential property.

"Initial assessment resolution" means the resolution described in section 49-62 hereof which shall be the initial proceeding for the identification of the solid waste cost for which an assessment is to be made and for the imposition of a solid waste service assessment.

"Mobile home" means a residential structure that is transportable in one or more sections, which structure is eight body feet or more in width, over 35 feet in length with the hitch, built on an integral chassis, and designed to be used as a dwelling unit when connected to the required utilities.

"Motel" or "hotel" means a building, regardless of ownership, containing more than one dwelling unit designed for occupancy by a single family which contains some units customarily offered for rent on a daily basis.

"Multifamily dwelling unit" means a building, regardless of ownership, containing more than one dwelling unit designed for occupancy by a single family, which units are not customarily offered for rent for one day. This definition shall include apartments, condominiums, and limited access subdivisions where property owners are subject to a homeowners or property owners association.

"Occupant" means the person or persons occupying improved property, either the owner or other than the owner of such improved property if such person occupies the improved property with the express or implied consent of such owner.

"Owner" means the person or persons owning improved property. For purposes of the assessment ordinance, the term "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.

"Preliminary rate resolution" means the resolution described in section 49-68 hereof initiating the annual process for updating the assessment roll and directing the reimposition of solid waste service assessments pursuant to an annual rate resolution.

"Property appraiser" means the Property Appraiser of Okeechobee County.

"Rear-door collection services" means a type of residential collection service rendered to residential property whereby residential solid waste will be picked up from garbage containers placed on side or rear yards of the primary building.

"Recreational vehicle park" means (1) a place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more recreational vehicles or tents; and (2) licensed by the Department of Health of the State of Florida, or its successor in function as a "recreational vehicle park" under Chapter 513, Florida Statutes, as may be amended from time-to-time.

"Recyclable materials" means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste such as:

(a)

Newspapers, including the normal percentage of rotogravure and colored sections inserts;

(b)

Aluminum containers;

(c)

Plastics (numbers 1 and 2);

(d)

Clear glass;

(e)

Ferris metal containers; and

(f)

Old corrugated cardboard (OCC).

Recyclable materials shall not include exempt waste, white office paper, aerosol cans, pharmaceutical glass containers, medical waste containers, pesticide containers or containers originally containing exempt waste.

"Recycling program" means a county program for the collection and disposal of recyclable materials which is instituted pursuant to F.S. ch. 403, or its successor in function.

"Residential collection payment" means the annual payment to a collector for the collection and disposal of residential solid waste on residential property within a service area which a collector is required to serve under this chapter, calculated and payable as provided in section 49-26 of this chapter.

"Residential collection service" means the collection of residential solid waste generated by residential property provided by a collector, pursuant to the terms of a franchise contract.

"Residential property" means all improved property which is intended for use as single-family dwelling units, mobile homes or multifamily dwelling units. The term "residential property" shall not include any property that has elected and qualified to receive commercial collection service pursuant to this chapter.

"Residential solid waste" includes garbage, rubbish, yard trash, and bulk items or other discarded material resulting from normal housekeeping activities, and shall exclude exempt waste.

"Rubbish" shall mean refuse, accumulation of paper, excelsior, rags, wooden or paper boxes or containers, sweepings and all other accumulations of a nature other than garbage which are usual to housekeeping and to the operation of stores, offices and other business places; also, any bottles, cans or other containers not containing garbage.

"Sanitary landfill" means publicly or privately operated sites, places or facilities which have been approved by the county for the disposal of yard trash or construction waste and any other facility which possesses a class III permit from the state which is built and maintained in accordance with Article VII of Ordinance 92-20 (LDRs), as codified.

"Service area" means a geographic area, as described and defined under subsection 49-22(e), served by a collector providing residential collection services pursuant to a franchise contract within boundaries established by the board.

"Single-family dwelling unit" means a home on an individual lot, including detached homes on lots less than 50 feet wide, such as zero-lot line houses.

"Sludge" shall mean any solid or semisolid or liquid generated from any water or wastewater treatment plant, air pollution control facility, septic tank, grease trap, portable toilet and related operations or any such waste having similar characteristics or effect.

"Solid waste" means both residential solid waste and exempt waste.

"Solid waste service assessment" means a special assessment lawfully imposed by the county against assessed property to fund all or any portion of the cost of the provision of residential solid waste management, collection, and disposal services, facilities, or programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of the assessed property.

"Solid waste cost" means the amount necessary to fund the county's collection and disposal of residential solid waste that are allocable to assessed property during a fiscal year and shall include, but not be limited to:

a.

The cost, whether direct or indirect, of all services, programs or facilities provided by the county, or through contractual arrangements with the county relating to residential solid waste management, collection, and disposal activities;

b.

The cost of any indemnity or surety bonds and premiums for insurance;

c.

The cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits;

d.

The cost of computer services, data processing, and communications;

e.

The cost of training, travel and per diem;

f.

The recovery of unpaid or delinquent fees or charges advanced by the county and due for residential solid waste management, collection, and disposal services, programs or facilities allocable to specific parcels;

g.

The cost of engineering, financial, legal or other professional services;

h.

All costs associated with the structure, implementation, collection, and enforcement of the solid waste service assessments or a prior year's assessment for a comparable service, facility or program, including any service charges of the tax collector or property appraiser;

i.

All other costs and expenses necessary or incidental to the acquisition, provision, or delivery of the services, programs or facilities funded by the solid waste service assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the board;

j.

A reasonable amount for contingency and anticipated delinquencies and uncollectible solid waste service assessments; and

k.

Reimbursement to the county or any other person for any monies advanced for any costs incurred by the county or such person in connection with any of the foregoing items of solid waste cost.

"Solid waste manager" means the individual who supervises the solid waste operation under the supervision of the county administrator.

"Specialty hauler" means those persons who are certified under the provisions of section 49-23 and who provide the collection of exempt waste.

"Tax collector" means the Tax Collector of Okeechobee County.

"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 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.

"Unsanitary nuisance" means the commission of any act or the giving of the permission for the commission of any act of keeping, maintaining, propagating or permitting the existence of any domestic or exempt waste by any Person by which health or life may be threatened or impaired or by which, directly or indirectly, disease may be caused. The keeping of the following materials on any real property shall be considered an unsanitary nuisance: untreated and improperly treated human waste, offal, dead animals or dangerous waste materials resulting from manufacturing processes or pollutant gases and nauseous odors which are harmful to health or to the human and animal life. The creation, maintenance or causing of any conditions capable of harboring, attracting or breeding flies, mosquitoes or other arthropods and rodents capable of physical harm and transmitting diseases directly or indirectly to humans shall also be considered an unsanitary nuisance. For the purposes of this chapter, lawfully operating agricultural operations and those facilities issued and in compliance with a permit by the state department of environmental protection shall not be deemed creating an unsanitary nuisance.

"White goods" means discarded refrigerators, ranges, washers, dryers, water heaters, dishwashers and other similar domestic and commercial appliances.

"Yard trash" shall mean vegetative matter resulting from routine and periodic yard and landscaping maintenance which is no longer than four feet in length in its longest dimension and no more than five inches in diameter and weights no more than 40 pounds per item. All grass clippings, and small vegetative cuttings and clippings must be bagged or containerized.

(Ord. No. 98-06, § 2, 8-13-98; Ord. No. 2004-03, § 1.01, 6-22-04)