TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Related to the City’s Solid Waste Services; Amending Chapter 62 and Chapter 66 of the Code of the City of North Port, Florida; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
Recommended Action for First Reading
Option 1: Continue Ordinance No. 2026-16 to second reading on July 21, 2026, as presented.
City Commission Options for First Reading
Option 1: Continue Ordinance No. 2026-16 to second reading on July 21 2026, as presented.
• Pros: Clarifies the rules governing solid waste service for residential and commercial customers, support consistent administration by staff, and aligns the code with current operating procedures.
• Cons: Continued lack of clarity related to service rules may impact customers and staff following current division procedures.
Option 2: Continue Ordinance No. 2026-16 to second reading on July 21, 2026, with Commission-directed revisions.
• Pros: Allows the Commission to refine selected provisions while preserving the overall intent of the ordinance, ensuring the final version better reflects policy preferences and community needs.
• Cons: Introduces the potential for additional revisions that may complicate or expand the scope of the ordinance, requiring further review and coordination to ensure consistency with operations, and may create short-term uncertainty as changes are finalized prior to adoption.
Option 3: Deny Ordinance No. 2026-16.
• Pros: There will be no changes to the code, therefore no impact on customers.
• Cons: Leaves known areas of ambiguity unresolved, requires staff to continue operating under procedures not fully reflected in the code, and may contribute to ongoing cost-recovery and administrative challenges for the Solid Waste District.
Background Information
The proposed Ordinance amends the Solid Waste District Code to align the code with current and proposed operating procedures. At present, several code provisions do not fully reflect how solid waste services are administered in practice, which can create uncertainty for staff and customers and make the code more difficult to apply consistently. This ordinance is needed to clarify the governing rules, update procedural language, and support uniform administration of residential and commercial solid waste services.
In addition to substantive updates, the ordinance includes minor grammatical revisions to improve readability and consistency.
Ordinance Change Overview by Section:
• Sec. 62-48 - Collection containers
o Updates redundant and outdated provisions, corrects grammatical issues, and clarifies exceptions related to customer-owned compactors. The revisions also streamline approval and safety requirements, resulting in clearer and more consistent standards.
• Sec. 62-51 - Collection schedules
o Clarifies the reference to the Solid Waste District and simplifies existing language. The revisions specify responsibility for publishing adjusted holiday collection schedules while maintaining the current requirement.
• Sec. 62-52 - Limitation on quantity collected.
o Revises language to clarify surcharge criteria and billing responsibility for overweight containers. Updates remove outdated wording and better define provisions related to damages and penalties, improving overall clarity and enforceability.
• Sec. 62-55 - Fees
o Clarifies the application of capital component assessments to commercial properties, including additional vacant parcel classifications. The revisions align terminology with current residential practices and establish clearer criteria for equitable cost allocation.
• Sec. 62-56 - Commercial service
o Clarifies recycling requirements for commercial customers and strengthens provisions related to acceptable proof of service. The revisions define documentation standards and outline consequences for noncompliance more clearly.
• Sec. 62-60 - Commercial service providers
o Clarifies service provider responsibility for proper disposal of debris generated through commercial activities. The revisions include examples of applicable services and strengthen language to ensure accountability.
• Sec. 62-83 - Collection of disaster debris
o Clarifies requirements for service on private roads and within gated communities, including right-of-entry and hold-harmless agreements. References the appropriate documentation and reinforces that service is contingent upon completed forms.
• Sec. 66-85 - Definitions and word usage
o Refines key definitions to improve clarity, accuracy, and consistency. Updates modernize terminology and ensure alignment with current district operations and cost structures.
• Sec. 66-89 - Public works director; district director
o Adds “or designee” to clarify delegated authority and streamlines language describing administrative responsibilities. The revisions confirm reporting structure and improve overall clarity.
• Sec. 66-91 - Authority to levy and collect special assessments
o Removes outdated references to the Building Department and clarifies that Solid Waste District approval is required at the time of certificate of occupancy. Updates improve timing clarity and modernize the language.
Ordinance No. 2026-16 has been reviewed by the City Attorney and is legally correct as to form.
Strategic Plan Pillar
Good Governance
Financial Impact
This proposed ordinance applies to both residential and commercial customers of the Solid Waste District. The proposed ordinance is not expected to have a significant direct economic impact on private, for-profit businesses. No substantial new compliance costs are anticipated, as expected solid waste service requirements remain largely unchanged. No new charges or fees are imposed beyond current Solid Waste rates. The City does not anticipate significant additional regulatory costs associated with implementation, and no new revenues from fees are expected.
Procurement
Not applicable.
Attachments:
1. First Reading - Ordinance
2. Business Impact Estimate
Prepared by: Garrett Woods, CPWP-M, Senior Business Manager
Department Director: Chuck Speake, Public Works Director