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 Port Orange
 Code of Ordinances
 Chapter 56. SOLID WASTE
 Article II. COLLECTION AND DISPOSAL SERVICE

  § 56-29. Service charges and rates.  

Latest version.

  • (a)

    The city shall maintain and operate, or franchise, a service for the collection and disposal of garbage, recyclable material and yard waste, and all persons whose premises are serviced thereby shall pay to the city for the use of such service rates as are set by resolution adopted by the city council.

    (b)

    The city council shall establish the rate for solid waste collection and disposal, including the costs of garbage, recycling, yard waste, landfill, street sweeping and other costs for the service. The city council shall adjust the rate as determined necessary by the city council to ensure adequate revenue for the operation of the solid waste enterprise fund and to satisfy good accounting and business practices. All rates for service shall be reviewed at least annually in conjunction with the preparation of the annual operating budget.

    (c)

    The issuance of a certificate of occupancy to any residential property in the city is prima facie evidence of the need for garbage, recycling and yard waste service. All such residences within the city shall be charged monthly regardless of whether the premises are occupied and regardless of whether services are being utilized. Payment of the monthly charge shall be the responsibility of the owner of record of the residence. The service charge may be prorated on a person's initial and final utility bill to reflect actual days of service.

    (d)

    Notwithstanding the foregoing, the owner of a trailer park or mobile home park shall, before the 15th day of each month, declare the number of occupied units by lot number or address on their respective premises and shall furnish the information to the city clerk or designee, and such trailer parks or mobile home parks shall be billed on the basis of occupied and unoccupied units reported. The city, at any time through its employees, may check the use of any trailer parks or mobile home parks for the purpose of ascertaining if there is a discrepancy on the part of the owner's or operator's declarations of use, and checks thereof by the city and the city's investigation will prevail unless reversed on appeal to the city council.

    (e)

    Should any person fail to pay the prescribed service charges when same become due and payable, the city manager shall have the authority to disconnect and discontinue water service to the premises and such service shall not be reconnected or furnished to the premises until all unpaid service charges are paid in full, together with established reconnection fees for water service.

    (f)

    An energy fee shall be levied based on the fuel cost and any adjustment thereto.

    This energy fee shall be charged or credited to customers. The energy fee adjustment shall be calculated on a systemwide basis allocating the percentage of increase or decrease to the initial fee in accordance with the adjustment calculation, attached hereto as exhibit A.

    The energy fee shall be established by resolution of the city council. After the six-month base period, commencing on the effective date of the contract and concluding on the last day of the sixth month following, this energy fee shall be adjusted by resolution semiannually in accordance with the contract. The first adjustment shall be on or after the first anniversary of the effective date of the contract. Energy fee adjustments shall be implemented no later than the first day of the fourth month following the adjustment calculation.

(Code 1981, § 10-23; Ord. No. 1992-5, §§ 4—6, 2-25-92; Ord. No. 1993-12, § 1, 5-4-93; Ord. No. 2011-15, § 1, 9-20-11; Ord. No. 2014-1, § 1, 2-18-2014)