Subject:
Title
Brevard County Code of Ordinances Chapter 94 - Solid Waste
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Fiscal Impact:
Approximately $8,000,000 in potential additional revenue
Dept/Office:
Solid Waste Management Department
Requested Action:
Recommendation
It is requested that the Board of County Commissioners hold a public hearing and consider adopting the amendments to Brevard County Code of Ordinances Chapter 94 - Solid Waste.
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Summary Explanation and Background:
Under Chapter 403.706, Florida Statutes, Brevard County has the responsibility and authority to provide for the operation of a Solid Waste Management System to meet the disposal needs of all the incorporated and unincorporated areas of the County. Brevard County Code of Ordinances Chapter 94 - Solid Waste was last updated in 2014. Since that time, conditions in Brevard County have significantly changed. As such, the Ordinance requires several amendments to ensure a robust and efficient Solid Waste Management System that can expand with the growing disposal needs of Brevard County.
The proposed amended Brevard County Code of Ordinances Chapter 94 - Solid Waste would accomplish the following:
• Correct scrivener’s errors (all sections).
• Replace the word “Agreement” with “Contract” (all sections).
• Amend definitions of Landclearing Debris and Yard Waste and update to include a definition of Proof of Origin (Section 94-1).
• Amend ordinance regarding Yard Waste collection to include paying applicable fees and charges and require proof of origin of debris (Section 94-49).
• Amend ordinance regarding disposal and removal of Construction and Demolition Debris and Landclearing Debris to include paying applicable fees and charges and require proof of origin of debris (Section 94-76).
• Amend and update ordinance regarding collection contracts to specify selection of collection contractor through solicitation of competitive bids (Section 94-91).
• Amend ordinance regarding roll-off permit application requirements to include proof of a current Business Tax Receipt and limit permit term to one year (Section 94-93).
• Amend ordinance regarding roll-off permit conditions to include updated insurance requirements and providing proof or origin of debris (Section 94-97).
• Amend ordinance regarding prorated special assessments to include option of adding the prorated assessment amount to the building permit fee in lieu of individual invoice (Section 94-236).
• Amend ordinance regarding collection exemptions to adjust filing date (Section 94-242).
• Amend ordinance regarding vacancy adjustments to revise vacancy period (Section 94-245).
• Amend ordinance regarding vacancy adjustments to revise filing date (Section 94-246).
• Amend ordinance regarding gate accounts to remove security deposit exemption (Section 94-277).
• Update hazardous waste definitions to reflect current state and federal definitions (Section 94-286).
• Delete Article VII - Debris Removal from Private Right of Way and Other Private Property due to being moved to Brevard County Code of Ordinances Chapter 42 - Emergency Services (Sections 94-330 through 336).
This ordinance has been developed with and approved by the County Attorney’s Office and has met all legal advertising/noticing requirements. A significant result of these changes will allow the County to avoid sweeping solid waste disposal assessment increases to Brevard County residents that would otherwise be needed by focusing on users paying their fair share of costs.
Clerk to the Board Instructions:
Upon approval by the Board, execution by the Chair, and attestation by the Clerk, file the ordinance with the Department of State as required by law within the 10-day deadline. Please return a copy of the executed ordinance with the Department of State’s official acknowledgment to the County Attorney’s Office.