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O-372-CCITY OF CLERMONT ORDINANCE N0.372-C AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA CHAPTER 50 "SOLID WASTE", ARTICLE I, "IN GENERAL" SECTION 50-2 "GARBAGE CONTAINERS" PROVIDING FOR THE TIME FOR PLACEMENT AT THE CURB AND REMOVAL OF GARBAGE CONTAINERS; PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, as follows: SECTION 1. Chapter 50, Solid Waste, Article I, "In General", Section 50-2, "Garbage Containers" is amended to read as follows: Sec. 50-2. Garbage containers. (a) Assignment. Except for commercial refuse contractors, containers shall be issued by the city. The containers shall be assigned to the physical property address and shall remain the property of the city. (b) Responsibility for replacement, repair and maintenance. The containers issued by the city shall be the only container used or accepted by the city for garbage collection and recycling unless otherwise authorized by the city manager. The resident occupying the physical address for which the container is assigned shall be responsible for the container and shall reimburse the city for costs associated with replacement or repair due to a negligent act of the resident. The city shall be responsible for normal maintenance of the container. (c} Use. Containers shall be used only for garbage collection purposes and for no other uses. (d) Utilization of utility service deposits. Utility service deposits on record with the city may be utilized to reimburse the city, where applicable, for damaged or misplaced containers. (e) Placement and removal of Residential Solid Waste Containers and Recycling Containers. Solid waste and recycling containers in residential areas shall be placed at the curbside collection point no earlier than 6:00 a.m. of the day prior to scheduled collection and shall be removed no later than 6:00 a.m. of the day after the actual collection. 1 CITY OF CLERMONT ORDINANCE N0.372-C SECTION Z. Severability. It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION 3. Conflict. Any portion of the Clermont City Cade or any ordinance or part thereof in conflict with this ordinance is hereby repealed to the extent of such conflict. SECTION 4. Codification. The text of Section 1 of this ordinance shall be codified as a part of the Clermont City Code. The codifier is authorized to make editorial changes not effecting the substance of this ordinance by the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise to take such editorial license. SECTION 5. Effective Date. This ordinance shall be published as provided by law and shall take effect immediately upon its Second Reading and Final Passage. PASSED AND ADOPTED BY the City Council of the City of Clermont, Florida on this 10~h day of November, 2009. CITY OF CLERMONT Harold S. Turville, Jr., Mayor -, C. ~ .. \, 2