§ 49-22. Description of service.

(a)

All residential property within the unincorporated area of the county shall be required to utilize the residential collection service provided by the collector for the service area in which the property is located, unless granted an exemption pursuant to section 49-30. In addition, all residential property shall utilize the collector, if any, which is providing service for the collection and disposal of certain types of residential solid waste pursuant to a recycling program for the service area in which the property is located.

(b)

The board shall provide for such mandatory residential collection service through the granting of franchise contracts and contracts pursuant to a recycling program to collectors to provide residential collection service within applicable service areas. The board shall establish franchise fees which shall be paid by a collector for the granting of a franchise contract.

(c)

Any franchise contract shall be for an initial period of seven years. Extensions or renewals of such franchise contracts may be granted for additional terms not to exceed seven years or such term as determined by mutual consent. No franchise contract shall be terminated, except for cause defined therein.

(d)

No franchise contract may be granted to any collector until such collector is certified under the provisions of section 49-23, or can demonstrate to the satisfaction of the board, in its sole discretion, that the franchisee can comply with the requirements of section 49-23 prior to commencing operations pursuant to the proposed franchise contract. In no event shall a collector be permitted to commence operation prior to receiving a certification card. The county shall, in awarding franchise contracts, consider, at a minimum, the past experience of the proposed collector in providing collection services in the county or in similar geographic or demographic areas, and the ability of the proposed collector to comply with the standards and requirements of residential collection service established in this chapter.

(e)

There is hereby established a single, county-wide residential solid waste service area. The boundary of the service area shall be the unincorporated area of the county as defined by F.S. § 7.47. The service area shall be included in a franchise contract awarded to a collector under the provisions of this chapter.

(f)

All commercial property within the unincorporated area of the county shall be required to utilize commercial collection service provided by the collector for the service area in which the property is located, unless granted an exemption pursuant to section 49-30.

(Ord. No. 98-06, § 22, 8-13-98)