§ 11-142. Definitions.
For the purpose of this article, 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 the solid waste ordinance shall be construed in a manner that is consistent with the definition provided in the solid waste ordinance, as applicable.
Adjacent property means the parcel lying near or close to, but not necessarily touching, the right-of-way in which it can be reasonable determined has generated the excessive bulk waste.
Annual excessive bulk waste assessment roll means a list that identifies all of the parcels of assessment property within the boundaries of Polk County confirmed by the board for a specific fiscal year.
Assessed property means residential property that receives residential collection service.
Assessment property means each parcel designated by the board in the annual excessive bulk waste assessment roll that received the special benefit from the county collecting and disposing excessive bulk waste from such parcel.
Assessment resolution means a resolution that is adopted by the board and satisfies the requirements stated in section 11-148, below.
Board means the board of county commissioners of Polk County, Florida.
Clerk means the clerk of the circuit court for Polk County, acting in the capacity as the ex-officio clerk of the board, or the clerk's designee.
Collector means a person that provides residential collection service within Polk County pursuant to residential franchise agreement.
Commercial property has the same meaning as provided in the solid waste ordinance.
County means the government of Polk County, acting through the board or the board's designee.
County manager means the county's chief administrative officer or the county manager's designee.
Director means the director of the division or the director's designee.
Disposal charge means the rate charged for the disposal of solid waste at a disposal site, which may sometime be referred to as a "tipping fee."
Disposal site means a site or facility that is owned, operated, designated, or maintained for the disposal of solid waste.
Division means the county's code enforcement division or any successor department or division designated by the county manager to carry out the provisions of this article.
Excessive bulk waste means solid waste or organic debris generated from a non-assessed property or an assessed property which is not collectable by a collector pursuant to any residential franchise agreement entered into by the county.
Excessive bulk waste assessment means the annual assessment that is imposed upon a parcel of assessment property from which the county has removed excessive bulk waste.
Fiscal year means the county's fiscal year, which currently begins on October 1 and ends on September 30 of the next calendar year.
Non-assessed property shall mean commercial property or residential property that does not receive residential collection service.
Occupant means any person that occupies a parcel located within Polk County. An occupant includes the owner of the parcel and any person that occupies the parcel with the express or implied consent of the owner.
Organic debris means any plant waste, including, without limitation, discarded trees, limbs, leaves, plant trimming and other similar organic debris.
Owner means the person reflected as the owner of a parcel as on record with the property appraiser or the public records of Polk County, Florida.
Parcel means any tract of land as on record with the property appraiser.
Person means any individual, partnership, firm, organization, corporation, association, trust, agency, governmental entity, or other legally recognized entity, however organized.
Polk County means the geographic areas that collectively comprise all the unincorporated real property located within Polk County, Florida.
Professional service means any privately employed person who receives a fee or other consideration to provide professional services for work performed on a parcel.
Property appraiser means the property appraiser of Polk County, Florida.
Residential collection service has the same meaning as provided in the solid waste ordinance.
Residential franchise agreement means a written agreement with the county that authorizes a collector to provide residential collection services.
Residential property has the same meaning as provided in the solid waste ordinance.
Residential waste has the same meaning as provided in the solid waste ordinance.
Right-of-way means land dedicated, deeded, used, or to be used for a street, roadway, highway, alley, walkway, boulevard, drainage facility, or other access for ingress and egress by the public, certain individuals, or governing bodies.
Solid waste has the same meaning as provided in the solid waste ordinance.
Solid waste management facility has the same meaning as provided in the solid waste ordinance.
Solid waste ordinance means Polk County Ordinance 13-069 as same may be subsequently amended, and any successor to Polk County Ordinance 13-069.
Special magistrate means a special magistrate appointed pursuant to Polk County Ordinance 07-058, as same may be subsequently amended, and any successor to Polk County Ordinance 07-058.
Tax collector means the tax collector of Polk County, Florida.
Tax roll means the assessment roll maintained by the property appraiser under law for the levy of ad valorem taxes on real property.
Uniform Assessment Collection Act means Sections 197.3632, and 197.3635, Florida Statutes, 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.
Waste and recycling division means the county division or department responsible for managing solid waste within Polk County.
(Ord. No. 18-016, § 2, 4-3-18)