§ 49-3. Findings.

It is hereby ascertained, determined, and declared that:

(1)

There is an inordinate amount of littering and illegal dumping on the public right-of-way and private lands of the county of residential solid waste and exempt waste generated from both residential property and commercial property located within the county.

(2)

Such littering and illegal dumping constitutes a health hazard to the residents of the county and an invasion of the property rights of landowners.

(3)

Such littering and illegal dumping often results in the creation of an unsanitary nuisance.

(4)

A substantial number of occupants of improved property within the unincorporated areas of the county do not subscribe to any collection service for the collection of solid waste and other waste and discarded property generated on such property.

(5)

The requiring of all persons owning or occupying residential property and commercial property within the county to dispose of residential solid waste and other wastes and discarded property generated on such property at a sanitary landfill will greatly reduce the instances or illegal dumping and littering.

(6)

It is necessary to the health, welfare and safety of the residents of the county to provide for a comprehensive program of residential solid waste collection and disposal.

(7)

Because of the number of residential property customers and the administrative impossibility of monitoring individual residential property customers, transport, or disposal arrangements with a collector, it is necessary in the implementation of such a comprehensive program of solid waste collection and disposal for the promotion of the common health and welfare of the residents of the county that residential collection service within the unincorporated areas be regulated through the issuance of franchise contracts for service areas in which residential property is located.

(8)

It is further necessary in the implementation of such a comprehensive program of residential solid waste collection and disposal to require all persons occupying improved property in the unincorporated area of the county to have or cause to have their residential solid waste and other waste and discarded property collected by a residential or commercial collection service or under a uniform procedure or exemption for individual transport.

(9)

The City of Okeechobee has implemented a program of solid waste collection within its boundaries.

(10)

The imposition of an annual solid waste assessment is the most equitable and efficient method of allocating and apportioning the cost of residential collection service among residential property in the county.

(11)

The annual solid waste assessment imposed under this chapter to pay the cost of residential collection service is a non-ad valorem assessment within the meaning and intent of F.S. § 197.3632.

(12)

The annual solid waste assessment to be imposed pursuant to this chapter is imposed by the board, not the property appraiser or tax collector. The duties of the property appraiser and tax collector under the Uniform Assessment Collection Act are ministerial.

(Ord. No. 98-06, § 3, 8-13-98)