§ 11-2. Statement of intent and legislative findings.

(a)

It is the intent of the board in adopting the ordinance from which this chapter is enacted, to accomplish the following:

(1)

Require the owners and occupants of residential property to collect and dispose of the residential waste that is generated on such property;

(2)

Require the owners and occupants of residential property to utilize the methods of residential waste collection and disposal that are implemented by this article;

(3)

Minimize illegal dumping;

(4)

Provide an effective and equitable method of collecting the funds needed to pay the cost of providing the county's residential waste program services;

(5)

Provide safe, efficient, cost-effective, and environmentally sound methods of collecting and disposing of the solid waste generated within Polk County; and

(6)

Promote the health, safety and welfare of the citizens of Polk County.

(b)

It is the further intent of the board to require that all solid waste generated on commercial property be collected and disposed in a safe, environmentally sound, and efficient manner.

(c)

Additionally, it is the board's intent that solid waste shall only be collected by those persons who have been issued a commercial franchise in accordance with article IV, below; or who have entered into a residential franchise agreement with the county; or who are exempt from these requirements as specifically stated within this chapter.

(d)

It is hereby ascertained, determined, and declared by the board that:

(1)

Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes (2013), the board has all powers of local self-government to perform county functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances.

(2)

Pursuant to Section 403.706(1), Florida Statutes (2013), the county has the responsibility and authority to provide for the designation and operation of solid waste management facilities that meet the needs of all the incorporated and unincorporated areas located within Polk County.

(3)

Regulation of the collection and disposal of solid waste generated within the county serves a public purpose and promotes the health, safety and welfare of the citizens of Polk County.

(4)

The existence of any building or other improvement on assessment property results in such property generating solid waste or being capable of generating solid waste.

(5)

The imposition of an annual residential waste program services assessment is an equitable and efficient method of allocating and apportioning the residential waste program services costs among the parcels of assessment property subject to the assessment.

(6)

The annual residential waste program services assessment to be imposed pursuant to this chapter will constitute a non-ad valorem assessment within the meaning and intent of the Uniform Assessment Collection Act.

(7)

This chapter:

a.

Provides procedures and standards for the imposition of annual residential waste program services assessments under the general home rule powers of the county to impose special assessments;

b.

Authorizes a procedure for the funding of residential waste program services costs providing special benefits to real property within Polk County; and

c.

Legislatively determines the special benefit provided to assessment property subject to the assessment.

(8)

Residential waste program services furnished to assessment property possess a logical relationship to the use and enjoyment of the assessment property by:

a.

Providing a safe and cost effective method for owners and occupants to properly dispose of the residential waste and recyclable materials generated on the assessment property;

b.

Supporting assessment property owners and occupants health, safety and welfare through the uniform delivery and availability of the residential waste program services;

c.

Promoting environmentally responsible use and enjoyment of assessment property; and

d.

Protecting assessment property values.

(9)

Utilizing recycling to divert recyclable material from disposal as solid waste to use as recovered materials produces economic savings through a reduction in disposal costs while providing raw materials for use in manufacturing.

(10)

The residential collection services and residential franchise agreements authorized pursuant to this chapter, as well as the corresponding collection and disposal of residential waste, shall constitute a special benefit to assessment property that is equal to or greater than the cost of providing such services.

(Ord. No. 13-069, § 1-2, 12-17-13)