34-91 ORDINANCE NO. 34-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, GARBAGE
AND TRASH", SUBHEADING "RATES AND CHARGES", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 51.71, "METHOD OF
BILLING FOR CHARGES", TO PROVIDE THAT THE CONTRACTOR
MAY IMPOSE A LATE FEE OF 1.5 PERCENT ON THE UNPAID
BALANCE ON DELINQUENT ACCOUNTS RECEIVING TYPE E
MECHANICAL CONTAINERS AND COMMERCIAL REFUSE
CONTAINER SERVICE AS AN ALTERNATE METHOD OF
COLLECTION; BY AMENDING SECTION 51.72, "DELINQUENT
PAYMENTS; LIEN", TO PROVIDE THAT DELINQUENT ACCOUNTS
RECEIVING TYPE E MECHANICAL CONTAINERS AND
COMMERCIAL REFUSE CONTAINER SERVICE MAY BE ASSESSED
A LATE FEE OF 1.5% PERCENT AS AN ALTERNATE METHOD OF
COLLECTION; PROVIDING A SAVING CLAUSE; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach
Florida desires to provide the City's Contractor with an alternative
collection methodology consisting of a 1.5% late fee on those accounts
billed directly by the contractor.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 51, Garbage
and Trash", subheading, "Rates and Charges", be and the same is hereby
amended by amending Section 51.71, "Method of Billing for Charges", to
read as follows:
Section 51.71 Method of Billing for Charges
The regular monthly charge as set forth in Section 51.70, or
any additional charges for special, additional, or unusual services
shall be billed together with and as a part of the monthly statement
issued by the City for water services at the same time as all other
charges, provided that garbage and trash collection service charges
shall be itemized separately on that statement. However, the City's
contractors shall bill the customers receiving Type E, mechanical
containers and commercial refuse container service, as set forth in
Section 51.70, the monthly service charges for that service, which may
include a late fee in the amount of 1.5% of the unpaid balance for
delinquent accounts receivin~ TyPe E mechanical containers and'
commercial refuse container service, but that any delinquent bills shall
in the alternative be referable to the City for collection pursuant to
the provisions set forth in this chapter.
Section 2. That Title V, "Public Works", Chapter 51, "Garbage
and Trash", subheading, "Rates and Charges", be and the same is hereby
amended by amending Section 51.72, "Delinquent Payments; Lien", to read
as follows:
Section 51.72. "Delinquent Payments; Lien"
Any bill remaining unpaid for a period of thirty (30) days
after rendition shall be delinquent. A late fee shall be assessed by
the contractor in the amount of 1.5% of the unpaid balance on delinquent
customer accounts receivinq TyPe E, mechanical containers and co~ercial
refuse container service or the contractor may refer collection to the
City pursuant to the provisions set forth in this chapter. If a
delin~ent bill is not paid, or a protest or appeal is filed (and later
processed in accordance, generally, with the procedures set forth in
Section 52.51) within eighteen (18) days, the City shall file a lien
against the property and may pursue foreclosure of the lien, as in the
case of a mortgage, as well as all other legal r~edies avail~le to it,
the owner being responsible for all costs and attorney's fees.
Section 3. Sat should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared ~ a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be and the s~e are here~ repealed.
Section 5. That this ordin~ce shall become effective i~edi-
ately upon passage on second and final reading.
PASS~ ~D ADOPTED in re~lar session on second and final
reading on this the 26th day of March 1991.
ATTEST:
City Clerk J
First Reading March 13, 1991
Second Reading March 26, 1991
2
ORD. NO. 34-91
BOCA RATON NEWS
'
DELRAY BEACH NEWS
BOYNTON BEACH NEWS ,mu, N~lMI
A PUELIC HEANING ~ ~ ~ m ~ ~~~
Monday thru Sunday ~:~ ~ ~. ~:~ ~. w ~ ~. ~ w ~ ~.
Boca Ra~on. Palm Beach County. Florida
Delray Beach. Palm Beach County. Florida
aN O~DINaKE ~ THE CI~ CMI~ ~ THE C~ ~ ~AY
~-~A [Slime FM$mY ~ESI~NT~) D~ST~;~, IN F~T. aND
STATE OF FLORIDA C~UT~ES) D,STm~; ~lD ~ND BE~ ~ ~.T,0. ~ B~ ~ ~-
COUNTY OF PALM BEACH ~K t M~E ~ Fugue REam ~ Mm eEAC. COUNTY. ~UO.,D~
aND ~TED aT THE ~T~WEST C0~NE~ OF N.W. 4TH a~ENUE
Before the undersigned authority peFsona~y .~c., ~,~,~ ~v,D,~ ~ ~E~ aE~ C~USE~
PROVIDING A ~V;~G C~US~; PROVIDI~ AN EFFECTIVE
appeared NANC~ WA~ who on oath says that she
is the Classified Advertising Manager of the Boca
~N O~m~NCE OF T~E C[W C~O~ ~ T~E C~TY
Ratofi News a~d the De~ay Beach News, da~y ~c~, ~om~ ME~Dm~ C~Ea (UOm~ ~E~U~T~O~,
SECTI~ 4.4~ ~PECIAL A~IVIT[ES D~STRICT (~D)', ~ THE ~ND
~ewsp~peFs p~blished at Boc~ ~ato~ i~ ~m DEVE~OFMENT ~E~T~ONS OF T~E CODE ~ DE~M~ SEDCO,
FLORID~ BY MENDING SUBSECTI~ ~4~(CH~) FOR INCLUSION OF
Be~ch ~o~t~, Florida; that t~e at~ched copy of mE i~m~ ~aow~ ~Em~ wlTm~ T~E E~CT~
FOR ~RGE ~LE MIXED USE ~ELO~ENT; BY MENDI~ SU~
~dv~Fti~emefit w~s p~blished i~ s~id ~ws~peFs SECTmN U~),I.A.D.Y, TO ~ FO~ EXT~NS~ OF
ON W~ICH APPROV~ FOR THE ~RINA ~Y ~D EXPIRES TO AUGUST
i~ th~ i~ of: ~ ~; PR~)DI~ A ~Yl~ C~USE; PROVID~NG A ~EPEALER
C~USE; PROVIDING AN EFFE~IVE DATE.
B~CH, FL~ID~ ~NOING ORDINANCE ~. ~, TO PROVIDE FOR
AN EXTENSI~ OF THE APPROVAL ~TE FOR THE ~RINA ~Y ~D
TO AUGUST ~ I~; PROVIDI~ A ~VI~ C~U~; PROVIDING A RE.
PEALER C~USE; PROVIDI~ AN EFFECTIVE
Affiant further says that the s~d Boca Raton
News and De.ay Beach News ~e newspapers pub- ':'~r~ ~1~ ~Ai~ ~U~~~~ '1~ ~ ~
lished at Boca Raton. in said Palm Beach County.
Florida. Monday through Sunday. and h~vo been ~~~~~~"~!
entered as second class matter ~t the post office in ~ ~ ~ ,~ ~~~
Boca Raton, Palm Beach County, Florida, for ape- ~RC~,~V,~A~,W~ .
riod of one year next preceding the f~st publica-
tion of the attached copy of advertisement; and ~ 0'D,MKE ~ T.E ~,T~ C~,S~m~ ~ T.E C,W
BEACH, F~O~I~ MENDI~ ~F~NOIX ~ OF THE ~ND
affiant further says that she has neither paid nor ~E~T ~E~U~T,M~ ~ T.~ ~ M 0.O,.~KE~ ~ T.E
OEk~AY S~C~, BY qE~ALi~ THE ~FINffl0N FOR
promised any person, f~m or corpora~on any d~- ..o~o~o.~.~ u~; ~. ~.~cT,~ o~,.,T,o~ ~o.
count, reba~, commission or refund for the p~- .~uT~,~E flo~E~.. '~UT~E ~E.m,..
~IC~, '~ND DEVE~OMNT A~I~TI~, ~0R $~$DWI$~0N, ml-
~ S~1~$$~, ~C~MI~ ~, AND S~$$TAKE
pose of securing this advertisement for publication OE~ET~ ,EFE~E~E TO T~ ~E~ ~ ~$V,S,~
DEFINITI~ ~ S~DIVISI~; ~ A ~Vl~ C~USE;
~ ~ ~e~e~. lNG A ~NERAL REELER C~USE; ~OVIDI~ AN EFFECTIVE
DATE.
r . [// BEACH, FL~IDA, ~ENDI~ ~APTER & lOll~ /EGUCTIONS, SU~
.r, // , OPMENT REGU~TI~S ~ THE ~ ~ ORDINANCES OF THE CITY
OF ~L~Y BEACH, FLORI~ BY RENUMIERING EXlSTI~ PAR~
GRA~ 4~1(C~) m ~1(C)(~, A~ BY E~TI~ NEW PAR~RAPH$
~11(C)(3) THR~H ~,1(C)(/) TO ~OVI~ FOR PR~E~RES THE
HIST~IC PRESERVATI~ ~RD ~LL F~ ~ TO DES~GNAT-
' lNG A SITE ~ BEI~ HISTORIC, IK~OI~ ~ISI~S FOR ~BL~C
Swo~n to a~d subscmbed before me this HEARIK AND F~ *P~AL BY THE CITY C~ISSION; PROYIOING
A ~VING C~USE; PROVIDIK A GENERAL REELER C~USE; PqG
~ ' day of ,. A.D..
THE N~