HomeMy WebLinkAbout2026-010ORDINANCE NO.26-_UQ
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA REGARDING THE SOLID WASTE
DISPOSAL DISTRICT; PROVIDING CERTAIN RECITALS; AMENDING
SECTION 204.24 OF THE INDIAN RIVER COUNTY CODE OF
ORDINANCES RELATING TO DEFINITIONS; AMENDING SECTION
204.25 OF THE INDIAN RIVER COUNTY CODE OF ORDINANCES
RELATING TO CALCULATION OF DISPOSAL CHARGE AND NOTICE
TO TAXPAYERS; REPEALING SECTION 204.26 OF THE INDIAN
RIVER COUNTY CODE OF ORDINANCES RELATING TO OBJECTION
TO DISPOSAL CHARGE AND CREATION OF ADJUSTMENT BOARD
IN ITS ENTIRETY; AMENDING SECTION 204.27 OF THE INDIAN
RIVER COUNTY CODE OF ORDINANCES RELATING TO ADOPTION
OF ANNUAL BUDGET AND ADOPTION OF RESOLUTION
CONTAINING DISPOSAL CHARGES TO BE IMPOSED; REPEALING
SECTION 204.28 OF THE INDIAN RIVER COUNTY CODE OF
ORDINANCES RELATING TO COLLECTION OF DISPOSAL
CHARGES BY TAX COLLECTOR; REPEALING SECTION 204.30 OF
THE INDIAN RIVER COUNTY CODE OF ORDINANCES RELATING
TO OMISSIONS AND ERRORS IN DISPOSAL SERVICE CHARGE
ROLL AND PROPERTY BECOMING ASSESSABLE AFTER JANUARY
1; AMENDING SECTION 204.32 OF THE INDIAN RIVER COUNTY
CODE OF ORDINANCES RELATING TO OTHER FEES, RATES AND
CHARGES; PROVIDING FOR CONFLICTS AND SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Part II of Chapter 204 of the Indian River County Code of Ordinances was
enacted in 1994, which created the Solid Waste Disposal District and prescribed the authority
and process for levying special assessments to fund solid waste disposal services within the
County; and
WHEREAS, in 2025 the Board of County Commissioners of Indian River County (the
"Board') adopted a Master Capital and Service Assessment Ordinance as Ordinance No. 2025-
10 (codified as Chapter 206 of the Indian River County Code of Ordinances), to prescribe a
uniform process for levying special assessments for both capital improvements and essential
public services in a manner conducive to collection of the special assessments pursuant to
Section 197.3632, Florida Statutes; and
1
WHEREAS, updates in applicable law, County policy, and the adoption of the Master
Capital and Service Assessment Ordinance necessitate certain updates to Part II of Chapter 204
to provide clarifications and eliminate unnecessary duplication of procedures;
WHEREAS, the Indian River County Board of County Commissioners (the "Board")
has determined that it is in the best interest of the public's health, safety, and welfare to amend
Part II of Chapter 204 as provided herein.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS. The above recitals are true and
correct and are hereby incorporated herein by reference.
SECTION 2. AMENDMENT OF SECTION 204.24 OF THE INDIAN RIVER
COUNTY CODE OF ORDINANCES. Section 204.24 of the Indian River County Code of
Ordinances, entitled "Definitions," is hereby amended as follows:
Section 204.24. Definitions.
For the purpose of this division, 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 plural numbers
include the singular, and words in the singular number include the plural. The
word "shall" is always mandatory and not merely directory.
Assessable property shall mean all improved residential real property, improved
eemmer-eial non-residential real property, or other improved real property that
generates or is capable of generating solid waste. AgAeaker-al land and a"
Biomedical Waste means any solid waste which may_present a threat of infection
to humans. The term includes, but is not limited to, non -liquid human tissue and
body parts, laboratory and veterinary waste which contains human
disease -causing agents, discarded disposable sharps, human blood, and human
blood products and body fluids, and other materials that in the opinion of the
Department of Health represent a significant risk of infection to persons outside
the generatingfacili1y. The term does not include human remains that are
disposed of by.persons licensed under chapter 497, Florida Statutes.
Board shall mean the board of county commissioners acting as the governing
body of the district.
Disposal charge shall mean the annual special assessment ehar-ge imposed against
a parcel of assessable property for the disposal of solid waste for the applicable
fiscal year
2
Garbage shall mean every refuse accumulation of animal, fruit, or vegetable
matter that attends the preparation, use, cooking and dealing in, or storage of
edibles, and any other matter, or any nature whatsoever, which is subject to decay,
putrefaction, and the generation of noxious or offensive gases or odors, or which,
during or after decay, may serve as breeding or feeding material for flies or other
germ-carrying insects, or any other container of the material defined herein, but
excludes animal carcasses.
legs under- three (3) inehvs in a:.,,, ete» tFee limbs, Hush palm f mate and ^+kms
> vines,
and tmes.
Hazardous waste shall mean material or combinations of material which because
of its quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, an increase in mortality or an increase in
serious irreversible or incapacitating reversible illness or mgy pose a substantial
present or potential hazard to human health or the environment when improperly
transported, disposed of, stored, treated, or otherwise managed. The term does not
include human remains that are disposed of by persons licensed under chapter
497, Florida Statutes.
fish, >
and
entre--health and welfare —ethe -publ}e. mese--fne elade ela i-lo-
flammable, >
wastes. feeal
The term "Hazardous Waste"
also includes any material or substances identified in the Florida Administrative
Code Rule 62-730 and 40 CFR Part 261.
Improved property shall mean any real property on which is located any structure
or other valuable improvement such that the property is capable of generating
solid waste.
Iiidustrial wasm shall neemi the waste ypreduets--emseanaer-ies, fisheries,
s
agr-ioultur-al waste
pfedoets, waste and debris &em > >
ef tile
plates, debris and wastes aeetimulated &em > building, rebuildiag-,-and
Prohibited Waste means any Hazardous Waste or Biomedical Waste.
Recyclable materials shall mean materials separated, at the point of generation, by
the generator or his agent, and donated or sold by the generator for purpose of
recycling; including newsprint, cardboard, aluminum, glass, plastic, and ferrous
metals.
Rubbish shall mean the accumulation of paper, excelsior, rags, wooden or paper
boxes or containers, sweeping, and all other accumulations of a nature other than
garbage, which are usual to housekeeping and to the operation of stores, offices,
and other business places; also any bottles, cans, or other containers which, due to
their ability to retain water, may serve as breeding places for mosquitoes or other
water -breeding insects.
Solid waste shall mean, collectively, ' "garbage,'-' Lyard
waste mash L' -L'' and rubbish''-' and refuse resulting; from domestic, industrial,
commercial, mining, agricultural, or governmental operations,
-and "indust
waste" but excluding bat--e�s the recyclable materials, Special Wastes, and
Prohibited Waste, as herein described, and debris from a declared disaster.
Special wastes shall mean solid wastes that can require special handling and
management and are accepted for disposal or recycling at the Indian River County
landfill for an additional charge based on the County's approved fee schedule. ;
ineluding, but net lifnited te, white goods, waste tiFes, used oil, lead aoid ba#er-ies,
eenstmetien and demelifien debris, ash residue, and bielegieal wastes. These
wastes also ifie-h-We Sselid- waste ffem unimpr-eved fval pr-epefty of any size
Waste generation unit (WGU) shall mean the basis for measuring the solid waste
generated. One WGU shall be equivalent to a waste generation rate of one ton per
year.
Yard Waste shall mean vegetative matter resultingfrom rom yard and landscaping
maintenance, including leaves,rag ss clippings, shrubbery cuttings, palm fronds,
tree branches and other similar matter, which is authorized for disposal pursuant
to the County's rules and regulations. Yard Waste is limited to that which meets
proper set -out specifications fitting into 96 -gallon containers provided by the
County. Such items collected by commercial lawn care services shall not be
considered Yard Waste. Tree limbs exceedingt(3) inches in diameter and/or
chipped tree materials are not considered Yard Waste.
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SECTION 3. AMENDMENT OF SECTION 204.25 OF THE INDIAN RIVER
COUNTY CODE OF ORDINANCES. Section 204.25 of the Indian River County Code of
Ordinances, entitled "Calculation of Disposal Charge; notice to taxpayers," is hereby amended as
follows:
Section 204.25. Calculation of disposal charge; .
deter -mine the assessable status ef pr-epe" within the distr-iet feF the . -
€iseal year. y July of each year, the district shall prepare a preliminary budget for
the district for the next fiscal year and shall determine a proposed disposal charge
for each parcel by using the most recent schedule of WGUs prepared by the
County
The Disposal Charee shall be imposed pursuant to the procedures set forth in
Chapter 206 of the Indian River County Code of Ordinances. A4 the same time as
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SEC['ION 4. REPEAL OF SECTION 204.26 OF THE INDIAN RIVER COUNTY
CODE OF ORDINANCES. Section 204.26 of the Indian River County Code of Ordinances,
entitled "Objection to Disposal Charge; Creation of Adjustment Board," is hereby repealed in its
entirety.
SECTION 5. AMENDMENT OF SECTION 204.27 OF THE INDIAN RIVER
COUNTY CODE OF ORDINANCES. Section 204.27 of the Indian River County Code of
Ordinances, entitled "Adoption of annual budget; adoption of resolution containing disposal
charges to be imposed," is hereby amended as follows:
Section 204.27. Adoption of annual budget, adoption of r-eselution eentaining
disposal eharges to be
On or before the first day of October of each year, during the county budget
hearings required pursuant to F.S. Ch. 129, the SWDD board, after such notice as
may be required by law, shall hold a public hearing for the purpose of adopting a
final budget for the SWDD for the next fiscal year. The budget may include funds
for the payment of outstanding and anticipated indebtedness including all
reserves, for future capital and land acquisitions and renewal and replacement of
existing facilities, for the enforcement and administration of the billing and
disposal charge collection, for reserves for anticipated delinquent or uncollected
disposal charges, for the payment of the current operation and maintenance
expenses of district facilities, and for other legal expenses. At this publie hearing
assessable prvYa.ei�in ble i4y the dist -iet shall be adopted and t«..nsmitted to the t&,
�
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SEC'T'ION 6. REPEAL OF SECTION 204.28 OF THE INDIAN RIVER COUNTY
CODE OF ORDINANCES. Section 204.28 of the Indian River County Code of Ordinances,
entitled "Collection of disposal charges by tax collector," is hereby repealed in its entirety.
SECTION 7. REPEAL OF SECTION 204.30 OF THE INDIAN RIVER COUNTY
CODE OF ORDINANCES. Section 204.30 of the Indian River County Code of Ordinances,
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SEC['ION 4. REPEAL OF SECTION 204.26 OF THE INDIAN RIVER COUNTY
CODE OF ORDINANCES. Section 204.26 of the Indian River County Code of Ordinances,
entitled "Objection to Disposal Charge; Creation of Adjustment Board," is hereby repealed in its
entirety.
SECTION 5. AMENDMENT OF SECTION 204.27 OF THE INDIAN RIVER
COUNTY CODE OF ORDINANCES. Section 204.27 of the Indian River County Code of
Ordinances, entitled "Adoption of annual budget; adoption of resolution containing disposal
charges to be imposed," is hereby amended as follows:
Section 204.27. Adoption of annual budget, adoption of r-eselution eentaining
disposal eharges to be
On or before the first day of October of each year, during the county budget
hearings required pursuant to F.S. Ch. 129, the SWDD board, after such notice as
may be required by law, shall hold a public hearing for the purpose of adopting a
final budget for the SWDD for the next fiscal year. The budget may include funds
for the payment of outstanding and anticipated indebtedness including all
reserves, for future capital and land acquisitions and renewal and replacement of
existing facilities, for the enforcement and administration of the billing and
disposal charge collection, for reserves for anticipated delinquent or uncollected
disposal charges, for the payment of the current operation and maintenance
expenses of district facilities, and for other legal expenses. At this publie hearing
assessable prvYa.ei�in ble i4y the dist -iet shall be adopted and t«..nsmitted to the t&,
�
[underline indicates additions; stt4lethreugh indicates deletions]
SEC'T'ION 6. REPEAL OF SECTION 204.28 OF THE INDIAN RIVER COUNTY
CODE OF ORDINANCES. Section 204.28 of the Indian River County Code of Ordinances,
entitled "Collection of disposal charges by tax collector," is hereby repealed in its entirety.
SECTION 7. REPEAL OF SECTION 204.30 OF THE INDIAN RIVER COUNTY
CODE OF ORDINANCES. Section 204.30 of the Indian River County Code of Ordinances,
entitled "Omissions and errors in disposal service charge roll; property becoming assessable after
January l," is hereby repealed in its entirety.
SECTION 8. AMENDMENT OF SECTION 204.32 OF THE INDIAN RIVER
COUNTY CODE OF ORDINANCES. Section 204.32 of the Indian River County Code of
Ordinances, entitled "Other Fees, Rates and Charges," is hereby amended as follows:
Section 204.32. Other fees, rates and charges.
The SWDD shall have the power, at any time by resolution, after a public hearing
to adopt rates, fees, and charges for service costs other than those recovered by
disposal charge against aeeessible assessable property. SWDD alse shall have
the pewer- to amend A#aehments 1 and 2 te this seefien at any time by rose!
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SECTION 9. CONFLICTS. All ordinances or parts of ordinances in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 10. SEVERABILITY. The provisions of this Ordinance are
severable; and if any section, subsection, sentence, clause or provision is held invalid by any
court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected
thereby.
SECTION 11. CODIFICATION. It is the intention of the Board, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Indian River County Code of Ordinances; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
SECTION 12. EFFECTIVE DATE. A certified copy of this Ordinance shall be filed
with the Department of State within ten (10) days after enactment by the Board and shall be
effective upon filing with the Department of State.
PASSED AND DULY ADOPTED this 16th day of Jule , 2026.
ATTEST:
•�i.��' LWo , ,/��Ryan L. Butler, Clerk
6
BOARD OF COUNTY CO?2 W ,
OF INDIAN RIVER COUh[: `,
BY:
Deryl Loar, Chair
9,x;9 f �Mo . ,�pQ •:
R co
APPROVED AS TO FORM AND CONTENT:
BY: U
J rifer 4uler, County Attorney
This or finance was filed with the Department of State on the following
date:(C /�,•Z� e