TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Amending the Code of the City of North Port, Florida, Related to the Collection of Solid Waste from Commercial Properties and Establishing a Late Payment Fee, by Amending Chapter 62 - Solid Waste and Appendix A - City Fee Structure; Repealing Section 62-57 - Delinquent Commercial Accounts and Section 62-66 - Appeals; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
Recommended Action
Continue Ordinance No. 2020-26 to second reading on September 22, 2020.
Recommended Second Action:
Approve and Adopt Ordinance No. 2020-26 on second reading.
Background Information
Article III, Collection and Disposal, Section 62-45, Collection and conveyance of solid waste of the Code of the City of North Port, Florida, states:
(a) Except as provided in section 62-53, section 62-54, section 62-60 or section 62-61, all solid waste accumulated in the City shall be collected conveyed and disposed of by the City.
(b) Solid waste shall be collected from commercial customers only upon a duly executed agreement between the city and the commercial customer. (Refer to Attachment 2).
Commercial Service Agreements with commercial customers and the City of North Port Solid Waste District were instituted in 1990. (Refer to Attachment 3). The approval process for the Commercial Service Agreement includes the customer acknowledging service requirements by printing and signing their name. Presently, there are 382 Commercial Service Agreements with commercial customers and the City of North Port Solid Waste District. The Service Agreements are valid until either the commercial business or the Solid Waste District closes the commercial solid waste account.
The following provides the process to collect late payments and non-payments for Solid Waste District commercial fees:
1. The Solid Waste Division administrative staff will phone the commercial business owner to seek payment of the invoice.
2. If the invoice is still not paid, the Solid Waste Division administrative staff will send a letter to the commercial business owner requiring payment of the outstanding balance on the Solid Waste District commercial account within thirty (30) days of receipt of the letter.
3. If the outstanding balance is still not paid, the Solid Waste Division Manager will have the Solid waste container(s), tote(s), dumpster(s), roll-off(s), etc. removed from the property. The Solid Waste District commercial service will then be discontinued.
4. The Solid Waste Division administrative staff will then report the commercial business to the City’s Code Enforcement Division since they no longer have garbage collection service from the Solid Waste District.
5. The Solid Waste Division will also retain the three-month security deposit as a means of partial payment toward the outstanding balance of the commercial business. Please note, there is no other mechanism to collect the outstanding balance from the commercial business owner.
There are many issues with the existing Commercial Service Agreements and collection of outstanding balances on Solid Waste District commercial accounts. As such, the Director of the Department of Public Works, Solid Waste Manager and administrative staff met with Michael Golen, Assistant City Attorney to discuss remedies for these issues. Assistant City Attorney Golen suggested revamping the existing Solid Waste District Commercial Services Agreements and payments system to be like the system for North Port Utilities residential customers. The new system would include establishing a deposit and service schedule for commercial solid waste customers. This would simplify the process for commercial customers to set up solid waste service. In addition, establishing commercial solid waste collection service in the same manner as North Port Utilities residential customers will simplify and streamline the City’s administrative process.
Accordingly, revisions to the following Sections of Article III, Collection and Disposal and Appendix A, City Fee Structure, Solid Waste District Fees of the Code of the City of North Port, Florida, have been incorporated into proposed Ordinance No. 2020-26:
1. Section 62-45, Collection and conveyance of solid waste.
2. Section 62-55, Fees
3. Section 62-56, Commercial service - Change in service
4. Section 62-60, Commercial service providers
5. Appendix A, City Fee Structure, Solid Waste District Fees of the Code of the City of North Port, Florida.
Ordinance No. 2020-26 has been reviewed by the City Attorney and is legally correct as to form.
Recommended Changes for Second Reading
During the City Commission Regular Meeting held on July 28, 2020, the City Commission approved to bring back for Second Reading on the September 22, 2020, an Ordinance of the City of North Port, Florida, Amending the Code of the City of North Port, Florida, Related to the Collection of Solid Waste from Commercial Properties and Establishing a Late Payment Fee, by Amending Chapter 62 - Solid Waste and Appendix A - City Fee Structure; Repealing Section 62-57 - Delinquent Commercial Accounts and Section 62-66 - Appeals; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date. The Commission also requested clarification of the language in the Solid Waste Fee Structure.
Accordingly, staff has revised Ordinance No. 2020-26 to update the Solid Waste Fee Structure verbiage on page 6 of 9 as follows:
|
Additional change in tote size per material type after yearly selection. Fee applies per residence |
$30.00 |
|
Solid Waste new residential structure fee |
$200.00 |
Strategic Plan
Efficient and Effective Government
Historical, Cultural, and Environmental Preservation
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Ordinance No. 2020-26 - Second Reading
2. Ordinance No. 2020-26 - First Reading
3. Article III, Collection and Disposal, Code of the City of North Port, Florida
4. City of North Port Solid Waste District Commercial Service Agreement
Prepared by: Frank Lama, Solid Waste Manager
Department Director: Juliana B. Bellia, Public Works Director