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Home My WebLink AboutO-12400J-03-567 7/07/03 12 4 ORDINANCE N0. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22/ARTICLES I AND III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL/ENFORCEMENT AND ADMINISTRATION" TO UPDATE CERTAIN SECTIONS AND PROVIDE FOR MORE STRINGENT ENFORCEMENT OF LITTER VIOLATIONS; MORE PARTICULARLY BY AMENDING SECTIONS 22-2, 22-14 AND 22-93 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 22 of the City Code was amended to reflect the replacement of the Regulatory Commercial Solid Waste Hauler process with that of a Nonexclusive Commercial Hauler Franchise Agreement; and WHEREAS, residential solid waste fees were adjusted since the City Code was last amended; and WHEREAS, certain sections of Chapter 22 require revision as a result of previous code amendments and subsequent administrative actions; 12400 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 22, entitled "Garbage and Other Solid Waste" of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:!/ "Chapter 22 GARBAGE AND OTHER SOLID WASTE Article I. In General Sec. 22-2. Collection services, container usage, condition and requirements for placement location; city and commercial solid waste services. (b) Every commercial property shall utilize the waste collection services of a franchisee authorized to perform such services by the director. It shall be the responsibility of the owner, occupant, tenant or lessee of the commercial establishment to properly dispose of all trash, waste and garbage generated by such commercial property. Each commercial property in the city shall have a sufficient number of scheduled collections, garbage cans, plastic bags or portable ii Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 2 of 5 ,.2400 containers to accommodate all garbage, bundled garden trash or rubbish to be removed by the franchisees. Franchisees shall be required to remove all refuse placed or spilled within a ten foot radius of the container being serviced. Service minimums for multi -family dwellings shall be as follows: 1-8 Units - 2 CY @ 2 x per week; 9-16 Units - 4 CY @ 2 x per week; 17-32 Units - 6 CY @ 3 x per week; and 33-48 Units - 8 CY @ 3 x per week. Sec. 22-14. City and commercial collection of solid waste. (b) The director may authorize the collection of solid waste by commercial solid waste collectors if it is a commercial account as defined in this chapter. If private collection is authorized, the contract with the commercial solid waste collector shall include garbage, trash and bulky waste collection and the number of collection days per week. In addition, for multi -family dwellings, the contract must specify a minimum of a two cubic yard (2 CY) container or containers of sufficient capacity so as to avoid overflowing conditions with a minimum twice per week collection; two true and accurate copies of said contract shall be furnished to the director or his/her designee. The container must be capable of holding a minimum of one week's collection of solid waste for the number of units or size and activity of business establishment being served. ARTICLE III. ENFORCEMENT AND ADMINISTRATION Sec. 22-93. Enforcement and administrative fees. (d) Civil penalties assessed pursuant to this article are due and payable to the city on the last day of the period allowed for the filing of an administrative hearing before a hearing officer, or if proper appeal is made, when the appeal has been finally decided adversely to the named violator. The Page 3 of 5 1, 2 4 0 0 amount of such penalty assessed shall constitute and is hereby imposed as a lien against the subject property with equal rank and dignity of any other special assessment liens. Penalties for violations of the provisions of this article shall be assessed in accordance with the minimum administrative fee schedule as set forth below: Servicing an account between the Hours of 11!98 10:00 p.m. and 6!8 7:00 a.m. within 100 feet of a residential district. Acts/Conditions of Fee Section(Sub) Noncompliance 1st Offense: $ 250.00 22-46(b) 2nd Offense: 500.00 22-46(b) 3rd Offense: 1,000.00 22-46(b) Each additional offense: 1,000.00 22-46(b) Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 4 of 5 12400 Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.' PASSED ON FIRST READING BY TITLE ONLY this 17th day of July , 2003. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 11th day of September , 2003. UEL A. DIAZ, MAYOR ATTEST: PRISCILLA A. THOM SON CITY CLERK _ APPROV AS TO�ORM AND CORRECTNESS:t kM'DRO VILARELLO ATTORNEY W1475:tr:AS:BSS This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 5 of 5 12400 TO FROM Second Reading Ordinance Honorable M or and M rs W the Cit mmissio 6oe� Arriola hi�f Administrator/City Manager RECOMMENDATION: DATE: J u L — O 2003 16 SUBJECT: Ordinance Amending Chapter 22 of the code of the City Miami, Entitled Garbage and Other Solid Waste" REFERENCES: ENCLOSURES. FILE It is respectfully recommended that the City Commission approve the attached ordinance amending Chapter 22 of the Code of the City of Miami, Florida, as amended, entitled "Garbage and Other Solid Waste,'' by updating certain sections of Article I and III. These actions will provide for more stringent enforcement of litter violations and franchisee activities; more particularly, by amending sections of said Code. BACKGROUND: The Department of Solid Waste is seeking approval of amendments to Chapter 22, entitled "Garbage and Other Solid Waste" to reflect the clarification of certain language which applies to our commercial solid waste hauler process; required collection for multi -family dwellings and increased enforcement/administrative fees. FISCAL IMPACT: None. 1 `fil . !t- c JA/LMH CP/blp 12400 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of PO #11086 CITY OF MIAMI - NOTICE OF PROPOSED ORDINANCES - SEPT. 11, 2003 in the XXXX Court, was published in said newspaper in the issues of 08/29/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing t advertisyt►eer��t for publication in the said newsoaoe. before me this 29 Uav of "ANETT LLERENA O.V. FERBEYRE personall '1'to;rMLIC STATE OF FLORIDA CC MISSION NO. CC 912958 VBAVMEJR rlN6#91iA111118 _ , �. DE PA�iiM9+tT OE=E�AIMiHNIT1f , PIO'tI�i` IiIOR� P0911EItJkAILff 11lKt 3d1 OF SM OOOE; COM Mtil A l '. 'R h A S MA- SWY pJ1WIL AND PROM fi FOR AN 1NIiAEDLATE EF- PE6'1FINEt7i1i'E r � i AN t RDWANCE OF MUWCfly% NO. 331tNd 1NAMEID- ' G GHAPT llM 2 /IIID 12.IS TW.CITY KOM. FLAB AS-AIIIIIII.T�iECFU1P Ti'i1DM1A1100NATYRE- VITALJiATiDW 1WYF11CH CREA I JTME HAVAM H4 MBO'YVNERSMP iRIIST l SUAWTO OR - Devi" Nf3.1236i<. ADOP0.403, evT*ftX_ g r -W'., ♦. �. :r v i ? • M tr tZ C • Y 'C • jjF6' t e '.• r ORDI ANCE NO. AN ORDINANCE OF THE MWB CRY COMMEBIONNmTAB- LM* NG A NEW SPECIAL REVENUE •FINiD OF FU;X 1A M IMWAL MAT w M IA11111pIpi r"FE1R . A Tiw _rppol: TIOlIt3F A /IitPQOIl�ItTNIiR15 FOR THE OPERATION OF •SAME, IN THE AMOUNT OF• $16l AM CONSISTING OF A BRANT, IN THE AMOUNT OF 5121.4112, FROM THE STATE -OF FL.ORND►ADEPARTMENTOF > HEALTH. wrm MATCHING FUNDS, IN THE AMOUNT OF $40.497. ALLOCATED FROM THE CITY OF MIAMI OPERAT- ING PERATING BUDGWr,`ACCOUNT CODE N0. 001000.921002.6210; AUTHOROW Tl* CITY MANAGER. TO. ACCEPT THE (NRW AND TC < g 'E TI# N6 W DOCUMENM. IN A FORM " TO THE O ATTOt*W. FOR SND ,AMNIA A PROVISION. A SEVERIIIBILITY. AND PROVIDING FOR. AN EFFEC- TIVEDATE. NMIMNC�NO. AN OF T CttY (1MME�gµp. ING CIIAF''t'$R �,, AP?1 N>I�TION SN OI�S'4�1rG0E OFT CTTY OF MIAMI. Fl aW%AS A0b"9i OR1TR® .'PARD AND IEC1�JlTNON, GI tL. UNE OF IIAMN=L ARTI E CIMMA ITY £ENTER" BY REPEALING SECTION 8R6 IN RS ENTIRETY AND SUNSTITU"10I N LEU TWOW OF ANEW SECTION 33.6 TO CLARIFY T E RATES FORTHE USE OF THE MANUS. ART049 THEATER AND ESTABLISH NEW RATES TO MkVM UE THE USE OF THE FACIJTY, FURTHER AM@IpNO C NAPTER 63, ARTICLE i. SECTION 63.1 OF THE OWE OF THE CITY OF MAMI, Fh011K7M► AS AMENDED. ENTiTM—STADNMS AND COM OIT10N CLEW TER. 04 GOW10%. iiC;IET SINK IAIMOE ON PNLD AMW SION TO EVJBMTS; TO VOWT ANIMIA OF A SM A SEVRr',TtASILfTY CLAL W, AND PROVIDING True rote ONDIIANCENO. ANOIONMNCEOFTWNi WCTY00Ii SIN3NAi�ID- NNG CFYIPTER 2, 8F�L"iliTN 2-S!� ENTTTLlO#LE OF ; CML RENAL't1ES;' : CHAPTflR 1Q ARTICLE I. ENTIAED "BUILDINGS - IN QENWAL' AND REPEALING AND CREAT- ING ANEW CHAPTER 39. ENTITLED'1iQ1WOF THE MIAMI CITY CODE BY ESTE FIDS FOR VIOLATION OF NOISE AND NOISE RELATED ACTIWMME ADDING NEW SECTIONS 104 AND 10.7, ENTITLED 'BULOMNG COW STRUCTION. DREDGING AND LAND FILLING: PERMIT RE- WIRED AND WHEN PROHIBITED" AND'BUILDWG CON- STRUCTION, CERTIFICATE OF COMPUA NCE: WHEN RE- QUIRED" TO PROVIDE FOR AND CLARIFY DAYSAND TIMES CONSTRUCTION; DREDGING AND LAWFILLINGACTMTY IS PERMITTED. PERMIT REQUIRED AND ENFORCEMENT AUTHORITY AND CREATING A NEW CHAPTER 36 TO PRO- VIDE FOR AND CLARIFY NOISE PROHIBITIONS AND UMITA- TIONS; PROVIDING FOR INCLUSION IN THE CITY CODE, SEVERASIUTY.AND AN EFFECTIVE DATE. Said Pqx*W ordYtan n may be kW*Cbd by Mn PJW at the Office of the City Cleric, 3500 Pan.Amwkm Drive, NoW, Florl- de. Monday MMocgh Fdday. "dudkV hopdaye, betwut+n the hours of 6a:m. and 5 p m. N ftwoWd paaora nags appear at"meoo and may be heard *ft nope 0110 Mie proposed **awn. $hand any potion if it to ootn rod of ft mea". Meat porion NW Od �W a vabot m ' rsoad of the prooenf(r 9 IS mads-*A*Nft a1! ledmony and WAdenoe uponwhk;hanyappealnn yI*boeed. Lk r