PLACEMENT: Public Hearings
TITLE:
title
public hearing to consider adoption of an orDINANCE AMENDING CHAPTER 151 SOLID WASTE; ARTICLE 1. GENERAL PROVISIONS; ARTICLE 3. ASSESSMENTS; ARTICLE 4. COLLECTION OF ASSESSMENTS; ARTICLE 5. COLLECTION AND DISPOSAL, GENERAL ORDINANCES, MARTIN COUNTY CODE
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EXECUTIVE SUMMARY:
executive summary
This is a public hearing to consider adoption of an ordinance amending Chapter 151 Solid Waste, Article 1. General Provisions; Article 3. Assessments; Article 4. Collection of Assessments; and Article 5 Collection and Disposal; General Ordinances, Martin County Code.
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DEPARTMENT: Utilities and Solid Waste
PREPARED BY: Name: Melissa L. Pietrzyk
Title: Senior Assistant County Attorney
REQUESTED BY: Samuel Amerson, Utilities and Solid Waste Director
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Currently, single-family dwelling units, duplexes, and triplexes are provided residential services for collection of their solid waste, recyclables, and bulk waste. These residents place their items at their curbside and they are collected by the County’s solid waste contractor. The residents pay for these services through non-ad-valorem assessment, and the County obtains payment via the Tax Collector’s office.
Currently, as written, multifamily dwelling units that are larger than three units in one building, are either provided commercial collection services, meaning their waste is placed in containers, (dumpsters) or they are afforded curbside pickup. In both instances, the County’s solid waste contractor bills these residents directly and the County is not involved in the billing of, the collection of, nor the recoupment of unpaid/late funds.
This ordinance amends the definition of single-family dwelling units and sets forth the difference between multifamily dwelling units who receive curbside service and those who receive container/dumpster services. This amendment would allow the County to place all residential dwelling units that receive curbside services on the non-ad valorem assessment and obtain payment via the Tax Collector’s office. The ordinance would continue to have those residential dwelling units who utilize container/dumpsters to remit payment directly to the County contractor.
The effect of this ordinance would allow a streamlined payment for services and provide for more efficient payment for services by the resident.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the proposed ordinance amending Chapter 151 Solid Waste, Article 1. General Provisions; Article 3. Assessments; Article 4. Collection of Assessments; Article 5 Collection and Disposal; General Ordinances, Martin County Code.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other: