§ 11-3. Definitions.

For the purpose 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 masculine include the feminine gender. The word "shall" is always mandatory and not merely discretionary. Any words defined herein and in Section 403.703, Florida Statutes (2013), shall be construed in a manner that is consistent with the statutory definition.

(a)

Annual residential waste program services assessment roll means a list that identifies all of the parcels of assessment property within the boundaries of the assessment area(s) confirmed by the board for a specific fiscal year. Each annual residential waste program services assessment roll shall contain the following information:

(1)

A summary description of each parcel of assessment property, conforming to the description contained in the tax roll;

(2)

The name and address of the owner of record of each parcel of assessment property as shown on the tax roll; and

(3)

The amount of the annual residential waste program services assessment that will be imposed on each parcel of assessment property as established in the assessment resolution.

(b)

Assessment area means designated areas of real property located within the unincorporated areas of Polk County that encompass only the real property that is specially benefited by the residential waste program services proposed for funding from the proceeds of the residential waste program services assessments to be imposed therein, together with such real property situated within a municipality to which the municipality has given consent as provided in Section 125.01(1)(q), Florida Statutes (2013).

(c)

Assessment property means each parcel of residential property designated by the board in the annual residential waste program services assessment roll that will receive a special benefit from the residential waste program services identified in the assessment resolution.

(d)

Assessment resolution means a resolution that is adopted by the board and satisfies the requirements stated in section 11-54, below.

(e)

Board means the board of county commissioners of Polk County, Florida.

(f)

Building means any structure, whether temporary or permanent, built for the support, shelter or enclosure of persons, chattel, or property of any kind. The term "building" shall include the following:

(1)

A mobile home as that term is defined, below, and

(2)

A recreational vehicle that is not a mobile home as defined, below, which is:

a.

Owned by an owner; and

b.

Located on the owner's real property that is situate within a platted residential subdivision or a planned development whose zoning specifically permits the use of a recreational vehicle on that property as a residential dwelling when the vehicle is connected to required utilities servicing that property, but without the owner obtaining a mobile home set-up permit for the vehicle; and

c.

Used by the owner as a residential dwelling.

(g)

Bulk waste means any large discarded item that cannot be placed in a container for residential waste because of its size, volume, shape or weight. Bulk waste includes, but is not limited, to sofas, tables, fixtures, furniture, ladders, carpet, and large appliances. Bulk waste does not include exempt waste.

(h)

Certificate of occupancy means a document issued by the county certifying that a building has been constructed in compliance with current codes and guidelines for occupancy. For the purposes of this chapter, finalization of a set up permit for a mobile home shall be considered a certificate of occupancy.

(i)

City means any duly incorporated municipality located within the county.

(j)

Clerk means the clerk of the circuit court for Polk County, acting m the capacity as the ex-officio clerk of the board, or the clerk's designee.

(k)

Code enforcement means the county's building and codes division or any successor department or division.

(l)

Collector means a person that provides residential collection service or commercial collection service within the county.

(m)

Commercial collection service means the collection and transportation of commercial solid waste that is generated on commercial property located within Polk County.

(n)

Commercial franchise means a franchise the county has granted to a person pursuant to article IV, below, for the collection of commercial solid waste within Polk County.

(o)

Commercial franchise holder means a person who holds a current commercial franchise the county has granted pursuant to article IV, below.

(p)

Commercial property means real property that is located in the county and not classified as residential property. Commercial property includes, but is not limited, to real property used primarily for:

(1)

Commercial purposes, such as hotels, motels, mobile home parks, stores, restaurants, theaters, service stations, and recreational vehicle parks;

(2)

Institutional purposes, such as government offices, churches, hospitals, and schools;

(3)

Not-for-profit organizations;

(4)

Residential condominiums, regardless of the number of dwelling units;

(5)

Time share units; and

(6)

Any type of multifamily dwelling, to include apartments, that contain ten (10) or more dwelling units within the same building.

(q)

Commercial solid waste means all types of solid waste generated on commercial property except residential waste and exempt waste. For the purposes of article IV, commercial collection service, the term commercial solid waste shall include construction and demolition debris.

(r)

Construction and demolition debris means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited, to steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. The term also includes:

(1)

Clean cardboard, paper, plastic, wood, and metal scraps from a construction project;

(2)

Except as provided in Section 403.707(9)(j), Florida Statutes (2013), "yard trash" (as defined in Section 403.703(43), Florida Statutes (2013)) and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects;

(3)

Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities; and

(4)

De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry.

(s)

Container means a receptacle used for the storage of solid waste.

(t)

County means the government of Polk County, acting through the board or the board's designee.

(u)

County comptroller means the clerk acting in the capacity as the chief financial officer for the county, county comptroller, and treasurer.

(v)

County manager means the county's chief administrative officer or the manager's designee.

(w)

FDEP means the Florida Department of Environmental Protection or any successor agency performing a similar function.

(x)

Director means the director of the division or the director's designee.

(y)

Disposal charge means the rate established by the board for the disposal of solid waste at a disposal site, which may sometime be referred to as a "tipping fee."

(z)

Disposal site means a site or facility that is owned, operated, designated, or maintained by the county for the disposal of solid waste.

(aa)

Division means the county division or department responsible for managing solid waste within Polk County.

(bb)

Exempt waste means tires, sewage, sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, used oil, biomedical waste and biological waste (as those terms are defined in Section 403.703, Florida Statutes (2013)), and hazardous material.

(cc)

Fiscal year means the county's fiscal year, which currently begins on October first and ends on September thirtieth of the next calendar year.

(dd)

Garbage means all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials.

(ee)

Government property means property owned by the United States of America or any agency thereof, a sovereign state or nation, the State of Florida or any agency thereof, a county, a school district, special district or a municipal corporation.

(ff)

Hazardous material means any material or substance with such characteristics and in such quantities that it is regulated as a hazardous waste or hazardous substance pursuant to the Florida Administrative Code, Florida Statutes, or any applicable law.

(gg)

Hazardous waste means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute, to an increase in mortality or to 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. The term does not include human remains that are disposed of by a person licensed under Chapter 497, Florida Statutes (2013).

(hh)

Horticultural trash means vegetative matter resulting from residential property lawn and landscaping maintenance including, but not limited, to shrub and tree trimmings, grass clippings, palm fronds, and branches. Horticultural trash does not include construction and demolition debris.

(ii)

Improved property means any residential property or commercial property where there is a building, which is used or may be used to generate solid waste.

(jj)

Mobile home means any type of trailer or vehicle body, regardless of appurtenances, additions, or modifications thereto, without independent motive power, manufactured upon an integral chassis or undercarriage, and designed either for travel over the highways or to be used as a dwelling, or both, that has been attached or affixed to real property and connected to the normal and usual utilities and for which the county has issued a mobile home set-up permit.

(kk)

Mobile home park means any improved property where:

(1)

The owner offers lots for lease or rent for the placement of ten (10) or more mobile homes, or manufactured homes; or

(2)

The owner offers mobile homes or manufactured homes for lease or rent;

and in either case, the land is developed with facilities and services for park residents.

(ll)

Occupant means any person that occupies improved property in the county. An occupant includes the owner of the improved property and any person that occupies the improved property with the express or implied consent of the owner.

(mm)

Owner means any person that owns improved property in the county.

(nn)

Person means any individual, partnership, firm, organization, corporation, association, trust, agency, governmental entity, or other legally recognized entity, however organized.

(oo)

Polk County means the geographic areas that collectively comprise all the unincorporated real property located within Polk County, Florida.

(pp)

Property appraiser means the property appraiser of Polk County, Florida.

(qq)

Recovered materials means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled and have been diverted and source separated or have been removed from the solid waste stream for sale, use or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste.

(rr)

Recyclable materials means those materials that are capable of being recycled and would otherwise be processed or disposed of as solid waste.

(ss)

Recycling means any process by which solid waste, or materials that would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

(tt)

Recycling facility means a solid waste management facility where recyclable materials are removed from solid waste, or reused, or returned to use in the form of raw materials or products.

(uu)

Residential collection service means the collection and transportation of residential waste that is generated on residential property located within Polk County for disposal at a disposal site.

(vv)

Residential franchise agreement means a written agreement with the county that authorizes a collector to provide residential collection services within a residential franchise area.

(ww)

Residential franchise area means a specified area within Polk County that shall receive residential collection service from a residential franchise holder.

(xx)

Residential franchise holder means a person that has a current, fully executed residential franchise agreement with the county.

(yy)

Residential property means real property that is improved property which is used for residential purposes including, but not limited, to: a single family residence; a duplex, a triplex, multifamily dwellings with less than ten (10) dwellings units in a building; an apartment building consisting of less than ten (10) dwelling units within the same building; and leased improved property of the classes described above, whether occupied or not. However, residential property does not include residential condominiums of any dwelling unit number; it also does not include residential units within any buildings that contain ten (10) or more dwellings units.

(zz)

Residential waste means garbage, rubbish, horticultural trash, bulk waste, and recyclable materials that are generated by an occupant of residential property. Residential waste does not include exempt waste.

(aaa)

Residential waste program services means all the solid waste collection and disposal services, all the recyclable materials collection and processing services, and all facilities and programs that the county furnishes or makes available to the owners and occupants of assessment property.

(bbb)

Residential waste program services assessment means the annual assessment that is imposed upon a parcel of assessment property within an assessment area that is used to fund all or any portion of the county's residential waste program services to include the administrative costs related thereto.

(ccc)

Residential waste program services assessment category means a category of improved property that is identified in the assessment resolution and is the subject of a specific assessment in the residential waste program services assessment.

(ddd)

Rubbish means waste materials, other than garbage, resulting from normal housekeeping activities on improved property. Rubbish includes, but is not limited, to discarded trash, paper, magazines, packaging, textiles, plastic, bottles, cans and similar materials that have not been separated from solid waste for recycling.

(eee)

Sludge means the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances.

(fff)

Solid waste means sludge unregulated under the Federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, garbage, rubbish, refuse, special waste (as defined in Section 403.703, Florida Statutes (2013)), or other discarded material, including solid, liquid semi-solid, or contained gaseous material resulting from residential, industrial, commercial, mining, agricultural or governmental operations. Recovered materials are not solid waste.

(ggg)

Solid waste management facility means any solid waste disposal area, volume reduction plant, transfer station, materials recovery facility, or other facility, the purpose of which is resource recovery or the disposal, recycling, processing, transfer, or storage of solid waste. A solid waste management facility does not include recovered materials processing facilities that meet the requirements of Section 403.7046, Florida Statutes (2013), except for the portion of such facilities, if any, which is used for the management of solid waste.

(hhh)

Tax collector means the tax collector of Polk County, Florida.

(iii)

Tax roll means the assessment roll maintained by the property appraiser under law for the levy of ad valorem taxes on real property.

(jjj)

Truck means any vehicle used or intended to be used for the purpose of collecting and transporting solid waste and recyclable materials upon public highways within Polk County.

(kkk)

Uniform Assessment Collection Act means Section 197.3632, Florida Statutes (2013) and Section 197.3635, Florida Statutes (2013), as the same may be subsequently amended, and any such successor statute sections authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes.

(lll)

Unsanitary nuisance means the commission of any act or the giving of permission for the commission of any act of keeping, maintaining, propagating, or permitting the existence of any solid waste by any person in a manner by which health or life may be threatened or impaired or by which disease may be caused. An unsanitary nuisance shall include, but not be limited, to the keeping of the following materials on any real property: untreated or improperly treated human waste; offal; dead animals; hazardous materials, except as permitted by applicable laws; and waste materials that produce gases or noxious odors that are harmful or injurious to human health, the public welfare, or animal life. The creation, maintenance or causing of any condition capable of harboring, attracting or breeding flies, mosquitoes, other arthropods, or rodents capable of causing physical harm, or transmitting diseases directly or indirectly to humans, shall also be considered an unsanitary nuisance.

(Ord. No. 13-069, § 1-3, 12-17-13)