§ 11-145. Procedure to have excessive bulk waste removed by the county.

(a)

If it is brought to the division's attention that excessive bulk waste generated from a parcel has been set out for collection, the division, the waste and recycling division or their designee shall tag the excessive bulk waste with a notice and contemporaneously mail a notice to the owner of the parcel, informing the owner that the parcel contains excessive bulk waste that has been placed out for collection and the owner has seven (7) days from the date the excessive bulk waste was tagged to have the excessive bulk waste removed or the county shall arrange for the collection and disposal of the excessive bulk waste and the costs incurred by the county to collect and dispose of the excessive bulk waste shall be assessed against the parcel as a non-ad valorem assessment. The notice shall also inform the owner that the owner has seven (7) days to request a hearing to contest that the excessive bulk waste has been generated from the parcel identified in the mailed notice. In addition to providing information on how to file a request for a hearing in person or by mail, the notice shall provide information to electronically file a request for hearing. In addition, the mailed notice shall identify the owner and parcel which the division has determined generated the excessive bulk waste. If a hearing is not requested, there shall be a rebuttal presumption that the excessive bulk waste was generated from the parcel identified in the notice mailed to the owner.

(b)

If after seven (7) days of the excessive bulk waste being tagged in accordance with section 11-145(a), above, the excessive bulk waste remains in the right-of-way or in an unfenced area within ten (10) feet of a right-of-way or a request from hearing has not be received by the division, the division shall arrange for collection and disposal of the excessive bulk waste. To accomplish the collection and disposal of the excessive bulk waste, the division or its designee is authorized by the board to enter upon the parcel and take steps reasonably necessary to collect and dispose of the excessive bulk waste.

(c)

Upon the excessive bulk waste being collected and disposed of by the division or its designee, all costs incurred by the county to collect and dispose of the excessive bulk waste shall be assessed against the parcel. Such costs shall include, without limitation, all administrative costs, operating costs, costs of vendors and disposal charges plus interest at the rate established pursuant to section 11-145(g), below.

(d)

If the excessive bulk waste is collected by the division or its designee, the division shall send a notice to the owner stating the costs incurred by the county to collect and dispose of the excessive bulk waste and informing the owner that if the amount stated in the notice is not paid within thirty (30) days of the notice being mailed to the owner, the costs may be collected pursuant to the Uniform Assessment Collection Act. The notice shall also inform the owner that they have the right to appeal the costs incurred by the county or whether the excessive bulk waste was generated from the parcel indicated on the notice within thirty (30) days of the notice being mailed with information on how to file such appeal. The notice shall contain the date by which the costs must be paid or appeal filed. In addition the notice shall provide information on how to file an appeal in person, by mail, and electronically.

(e)

If upon expiration of the date provided in the notice sent to the owner pursuant to section 11-145(d), above, the owner has not paid the full costs stated in the notice or filed an appeal, the division shall record a claim of lien for assessment signed by the director or the county manager's designee in the public records of Polk County to include any costs not paid, plus any interest that has accrued and recording costs. The claim of lien for assessment shall be a lien for a non-ad valorem assessment and shall be a first lien, equal to a lien for nonpayment of property taxes.

(f)

Unless otherwise stated or required by law, all notices required by this section 11-145 shall be sent to the mailing address on record with the property appraiser and may be sent by regular U.S. mail.

(g)

If not paid within thirty (30) days of the notice being mailed out as provided in section 11-145(d), above, the costs incurred by the county to collect and dispose of the excessive bulk waste shall accrue interest from date of collection at an interest rate equal to the amount of interest payable on a judgment lien pursuant to Section 55.03, Florida Statutes, until the date in which the board adopts the final assessment resolution.

(h)

If a hearing is requested pursuant to section 11-145(a) above or an appeal is filed pursuant to section 11-145(d) above, a hearing shall be set by the division for the special magistrate to hear the request for hearing or appeal. A notice shall be sent to the owner informing the owner of the date, time and location of the hearing.

(1)

If the special magistrate finds the mailed notice properly identified the parcel that generated the excessive bulk waste or the costs in the notice is correct, the division may immediately move forward with collecting and disposing the excessive bulk waste or recording a lien in accordance with this article whichever is applicable.

(2)

If the special magistrate finds that the mailed notice did not properly identify the parcel that generated the excessive bulk waste prior to the collection of the excessive bulk waste, the division may retag the excessive bulk waste and send a notice to a different owner if it can be reasonable determined that a different parcel generated the excessive bulk waste.

(3)

If the special magistrate finds that the mailed notice did not properly identify the parcel that generated the excessive bulk waste after the collection and disposal of the excessive bulk waste and it can be reasonably determined another parcel generated the excessive bulk waste, the division may mail a notice of a costs to the owner in accordance with section 11-145(d), above, and the county may assess the costs of collection and disposal of the excessive bulk waste in accordance with this article against the other parcel which the division determined generated the excessive bulk waste if no appeal is filed or the special magistrate finds the parcel generated the excessive bulk waste.

(4)

If special magistrate finds that the costs in the notice is not correct, the division may record a lien for the costs as adjusted by the special magistrate.

(5)

If the special magistrate finds that the mailed notice did not properly identify the parcel that generated the excessive bulk waste and no other parcel can be reasonable determined to have generated the excessive bulk waste, the county may use any other means available to collect and dispose of the excessive bulk waste or use any funds legally available to reimburse for the collection of the excessive bulk waste.

(Ord. No. 18-016, § 5, 4-3-18)