§ 11-141. Title and statement of intent and legislative findings.
(a)
The ordinance from which this article derives shall be known and cited as the "Polk County Excessive Bulk Waste Ordinance."
(b)
The foregoing findings are incorporated herein by reference and made a part hereof.
(c)
It is the intent of the board in adopting this article to accomplish the following:
(1)
Require the owners and occupants of a parcel to remove the excessive bulk waste that is generated on the parcel;
(2)
Require professional services to remove all excessive bulk waste from the parcel generated from their work and to legally dispose of the excessive bulk waste;
(3)
Provide a safe, efficient, cost-effective, and environmentally sound method for the county to collect and dispose of excessive bulk waste when the owners and occupants of a parcel fail to remove excessive bulk waste generated on such property on a timely basis;
(4)
Provide an effective and equitable method of collecting the funds needed to pay the costs of the county to collect and dispose of excessive bulk waste generated from a parcel; and
(5)
Promote the health, safety, and welfare of the citizens of Polk County.
(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, 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)
Excessive bulk waste placed in a right-of-way or in an unfenced area within ten (10) feet of a right-of-way creates a rebuttal presumption that the owner or occupant of the adjacent property has abandoned the excessive bulk waste and has set out the excessive bulk waste for collection and disposal by the county;
(3)
The collection and disposal of excessive bulk waste generated from a parcel 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 excessive bulk waste in the right-of-way or in an unfenced area within ten (10) feet of a right-of-way results in the need to collect and dispose of the excessive bulk waste;
(5)
The imposition of an annual excessive bulk waste assessment is an equitable and efficient method of allocating and apportioning the costs of collecting and disposing of the excessive bulk waste among the parcels receiving the collection and disposal services;
(6)
The annual excessive bulk waste assessment to be imposed pursuant to this article will constitute a non-ad valorem assessment within the meaning and intent of the Uniform Assessment Collection Act; and
(7)
This article:
a.
Provides procedures and standards for the imposition of annual excessive bulk waste assessments under the general home rule powers of the county to impose special assessments;
b.
Authorizes a procedure for collecting the costs of collection and disposal of excessive bulk waste which provides special benefits to real property within Polk County; and
c.
Legislatively determines the special benefit provided to the adjacent property subject to the assessment.
(8)
Collection and disposal of excessive bulk waste from the right-of-way or within ten (10) feet of the right-of-way by the county possess a logical relationship to the use and enjoyment of the adjacent property by:
a.
Providing a safe and cost effective method for the county to collect and dispose of the excessive bulk waste generated from the adjacent property which has been set out for collection and disposal;
b.
Supporting the adjacent property owner's and occupant's health, safety and welfare through the collection and disposal of excessive bulk waste generated from the adjacent property which has been set out for collection and disposal;
c.
Promoting environmentally responsible use and enjoyment of the adjacent property; and
d.
Protecting the adjacent property's value.
(Ord. No. 18-016, § 1, 4-3-18)