§ 11-21. Fees and charges for disposal sites.

(a)

Any person that disposes of solid waste at a disposal site shall pay the applicable fees and disposal charges established by the county. The schedule of fees and disposal charges shall be adopted by the board from time to time by resolution. All such fees and disposal charges shall be paid in cash at the time of disposal, except that a municipality or other governmental entity may pay a monthly invoice from the county, and a person that regularly uses the disposal site may pay a monthly invoice from the county if that person has provided a cash deposit or other satisfactory surety to the county comptroller. The cash deposit or surety shall be in an amount that is equal to one thousand dollars ($1,000.00), or the maximum amount of the total fees and disposal charges paid by that person in any two (2) months during the prior twelve (12) months, whichever amount is greater. The county may require the cash deposit or other surety to be increased within thirty (30) days after the county provides written notice requesting such increase, if at any time the cash deposit or surety is less than the total amount of the fees and disposal charges incurred by that person in any two (2) months during the prior twelve (12) months.

(b)

Each monthly invoice shall be paid in full upon receipt. If a person fails to pay an invoice when due, the past due invoice shall be subject to an interest charge of one and one-half (1½) per cent per month of the amount in arrears, or the maximum amount allowed by law, whichever amount is less. Any person failing to pay the invoice when due also shall pay all costs to collect the past due amounts to include the county's reasonable attorneys' fees, costs, and expenses of litigation.

(c)

The county may terminate the use of monthly invoices or require an increase in the amount of the cash deposit or surety for any person that pays with a check that is returned because of insufficient funds. Additionally, the county may pursue the statutory actions and remedies stated in Section 68.065, Florida Statutes (2013), and any criminal sanctions applicable to the person's actions. The maximum deposit or surety required by the county shall not exceed five (5) times the maximum monthly bill incurred by that person in the prior twelve (12) months.

(d)

If a person is more than thirty (30) days delinquent in paying a monthly invoice in full, the county may:

(1)

Apply that person's cash deposit or surety toward payment of the past due amounts;

(2)

Suspend the person's ability to dispose of solid waste and other material at a disposal site until the person's account is current; and

(3)

Either:

a.

Permanently place the person on a "cash at time of disposal payment" basis; or

b.

Temporarily place the person on a "cash at time of disposal payment" basis;

until the person complies with any increased cash deposit or surety the county determines reasonably necessary to ensure it receives timely payment from the person. The division director is granted the authority and discretion to manage delinquent disposal site accounts in accordance with this subparagraph.

(e)

Nothing stated in this article II shall preclude the county from pursuing any other remedy available under law or in equity for a person's failure to timely pay all applicable fees and disposal charges.

(Ord. No. 13-069, § 2-1, 12-17-13)