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Home My WebLink AboutO-12258-J-02-448 7/24/02 ORDINANCE N0. 12258 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING. CHAPTER 22/ARTICLES I, II, AND III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " GARBAGE AND OTHER SOLID WASTE/IN GENERAL/REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION/ENFORCEMENT AND ADMINISTRATION TO UPDATE CERTAIN SECTIONS AND PROVIDE FOR MORE STRINGENT ENFORCEMENT OF LITTER VIOLATIONS; MORE PARTICULARLY BY AMENDING SECTIONS 22-1,22-2, 22-4,-22-6, 22-7, 22-12, 22-14, 22-15, 22-18, 22-46, 22-47, 22-50, 22-52, 22-53, 22-54, 22-55, 22-56, 22-57, 22-87, 22-92, and 22-93 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 3 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, the residential solid waste fees were adjusted since the City Code was last amended; and WHEREAS, certain language that applies to the Nonexclusive Commercial Hauler Franchise Agreement requires clarification; and <1 12258 WHEREAS, certain sections of Chapter 22 require revision as a result of previous code amendments and subsequent administrative actions; 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. 22-1. Definitions. For the purpose of this chapter, the definitions contained in this section shall apply unless otherwise specifically stated. Cart -on -wheels: The words "cart -on -wheels" shall refer to the 96 -gallon containers issued to residences by the l� 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 27 12258 City for automated garbage collection and are required to be used, once issued. Certified recovered materials dealer. The words "certified recovered materials dealer" shall mean a dealer certified under §403.7046, Fla. Stat., who handles, purchases, receives, recovers, sells or is an end user of recovered materials as defined herein. Construction and demolition debris. The words "construction and demolition debris" shall mean materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project, and including rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site Mixing of construction and demolition debris with other types of solid waste, including material from a construction or demolition site which is not from the actual construction or destruction of a structure, will cause it to be classified as other than construction and demolition debris. The term also includes: clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b) except as provided in §403.707(12)(j), Fla. Stat., unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted; nontreated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and (c) De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. Construction and demolition debris collector. The words "construction and demolition debris collector" shall mean any p tees commercial solid waste Page 3 of 27 12258 N -. }Y,e}er franchisee who collects, transports or disposes of construction and demolition debris and shall be subject to a registration fee as provided for X403.7046, Fla. Stat. Department. The word "department" shall mean the City of Miami department of solid waste, the Florida Department of Health, and the Florida Department of Environmental Protection. Franchisee. The word "franchisee" shall mean a private commercial solid waste/firm granted a nonexclusive franchise by the City of Miami Department of Solid Waste, to remove and dispose of solid waste from commercial properties which is required to pay a percentage of its gross monthly earnings to the city pursuant to the provisions of this chapter. Garbage can. The words "garbage can" shall mean a galvanized metal, durable plastic or other suitable material container of the type commonly sold as a garbage can, including wheeled containers, of a capacity not less than 20 gallons and not to exceed -3-2- 96 gallons, having at least two handles upon the sides thereof, sufficiently strong for workmen to empty conveniently, or a bail by which it may be lifted, and a tightfitting metal or plastic top with handle, and so constructed as to permit the free discharge of its contents. The container must not have any inside structures such as inside bands and reinforcing angles or anything within the container to prevent the free discharge of the contents. The container shall be free of jagged or sharp edges. Hazardous waste collector. The words "hazardous waste collector" shall mean any private solid waste contractor who collects, transports or disposes of hazardous waste and shall be subject to a registration fee as provided for in §403.7046, Fla. Stat. Page 4 of 27 . 12258 Industrial waste collector. The words "industrial waste collector" shall mean any private solid waste contractor who collects, transports or disposes of industrial waste and shall be subject to a registration fee as provided for in 5403.7046, Fla. Stat. Local government registration fee. The term local government registration fee shall mean the annual, October 1sr through September 30r", charge assessed by the city to recovered materials dealers commensurate with and no greater than the cost incurred to establish and operate a registration and reporting process limited to the regulations, reporting format and reporting frequency pursuant to §403.7046, Fla. Stat. with regard to recovered materials, their collection and disposal of same from commercial properties within the city. Nonexclusive franchise. The term "nonexclusive franchise" shall mean a non-exclusive right and privilege granted to a qualified firm to contract to provide solid waste, construction and demolition material, and recyclable collection and disposal services to commercial and non-residential properties, as defined in this chapter, in, upon, over and across the present and future streets, alleys, easements and other public places of the city. Permit per account fee. The term "permit per account fee" shall mean the annual, October 1St to September 30th, charge assessed by the city to non- exclusive franchisees for each account with which the provision of commercial solid waste services is contracted and for each container and/or roll -off utilized by franchised commercial haulers in the course of the provision of solid waste services. Permit per account fees established after October is will be assessed on a monthly pro rata basis. Posting. The word "Posting" shall mean to display by putting up on property in a public place of view. Page 5 of 27 12258 N Recyclable material. The term recyclable material shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Recovered materials shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste. Roll-off/container. The term "roll-off/container" shall mean a metal container,'compacted or open, with a minimum capacity of ten cubic yards, designed and used by nonexclusive commercial solid waste haulers for the collection and disposal of construction debris and/or large quantities of trash and/or bulky waste, but not garbage or commercial refuse. Source separated. The term source separated shall mean the recovered materials are separated from solid waste where the recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other and recognizes de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. Materials are not considered source separated when two or more types of recovered materials are deposited in combination with each other in a commercial collection container located where the materials are generated and such materials contain more than 10 percent solid waste by volume or weight. For purposes of this subsection, the term "various types of recovered materials' means metals,paper, glass, plastic, textiles, and rubber. -k -k Page 6 of 27 12258 Special non-residential trash collection. The term "special non-residential trash collection" shall mean yard and garden trash weighing more than 50 pounds, too large to be containerized for commercial collection, clean and free of dirt, rocks, trash and any other debris. It includes accumulations from major tree cutbacks (exceeding ten inches in diameter and four feet in length and weighing more that 50 pounds). Collection by the City must be approved and scheduled by department prior to setout or fines will be incurred. Specialized waste handler shall mean those companies whose primary business is limited to collecting and disposing of solid waste that requires special handling and management, including, but not limited to white goods, waste tires, used oil, lead -acid batteries, construction and demolition debris, ash residue and biomedical and biological -waste. Specialized waste hag. The term "specialized waste ung" shall mean of solid waste that requires special handling and management, including, but not limited to white goods, waste tires, used oil, lead -acid batteries, construction and demolition debris, ash residue, yma-r-d trash biomedical and biological waste. Specialized waste franchise fee. The jaer-ffiinonexclusive annual fee specialized handling pe±=mi nonexclusive term "specialized waste franchise fee" shall handling mean the paid to the city for the right to conduct waste handling services in the city. Temporary roll-off/container, permit fee The term "temporary roll-off/container permit fee" shall mean the ene time. charge paid every 90 days the account remains active, per account to the city for each large container and/or roll -off utilized by franchisees to provide contracted removal and disposal of waste from Page 7of27 12258 commercial constructions and demolition, renovation and other similar accounts which are of a temporary nature. Sec. 22-2. Collection services, container usage, condition and requirements for placement location, city and commercial solid waste services. (a) Garbage from single and multifamily residences of three units or less shall be collected, conveyed and disposed of by the city twice a week. Hours and days on which containers are to be collected shall be as prescribed by the director. All small trash, containerized waste, and garbage to be removed by the city shall be placed at curbside in front of the property for removal by the city as scheduled by the director, in such a manner as not to obstruct pedestrian passage or impede collection by city forces. The director may make exceptions to these rules to accommodate disabled and elderly pertsons. Each residence in the city shall have a sufficient number of garbage cans, plastic bags or portable containers to accommodate all garbage, small trash or rubbish to be removed by the city. Should the City implement a semi or automated residential garbage and small trash collection system, garbage and small trash will be placed only in the container provided by the City for this purpose. Containerized garbage shall be placed at curbside no later than 6:00 a.m. the morning of scheduled collection and no sooner than the night before. (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 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 shall be as follows: 1-8 Units - 2 CY @ 2 X per week; 9-16 Units - Page 8 of 27 12 2 5 8 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. (c) The garbage or trash container site for commercial properties shall: (2) Be a platform constructed of Saeed or concrete above ground level in the case of a commercial property, and shall be large enough to accommodate an appropriately sized dumpster for the facility being serviced; (4) Be screened from any street, alley, sidewalk or adjacent property. Such screening shall be maintained in perpetuity by the property owner. Screening shall be constructed of chain link fencing with slats (cyclone fencing) or wood picket fencing. Franchisees will be responsible for servinq servicing of containers until such time as they have been removed. Commercial multifamily properties without service will be subject to administrative and service fees imposed pursuant to section 22-93 herein, should the city be required to provide service the property owner will be invoiced for service as required and at the cost associated with the unit structure provided in (b) of this section. (g) Newspapers and other salvageable materials defined as aluminum cans, glass and pla�_c bottles, flamt� ed—eai=dbeardbe�Ees, metal and tin cans, efrd j,drt=Ta-naFRiTEbe3E shall be separated from all other solid waste material; sl-iall lee separately bundled by being—plaee g eL= ethei= }rram� bag , eardbeard beiies, anel any ether and may be placed in the container provided by the City for these materials or otherwise be recycled. Page 9 of 27 - X2258 (i) Commercial property owners may request special collection of large yard and garden trash as defined herein by the department by calling for approval and scheduling, prior to setting out material. No approval by the department director or designee will be issued for said premise until the director has made a finding of compliance with the terms of this and all other chapters of the City Code and other applicable regulations and laws. Sec. 22-4. Plans for waste storage on certain premises to be approved before issuance of building permit proof of commercial solid waste service before issuance of Certificates of Use or Occupancy. Before building permits may be issued for construction of commercial property, as defined in this chapter, plans for storage of refuse must be approved by the director or his/her designee as to location, accessibility, and number or adequacy and the permitee has provided proof of a contract with an approved commercial solid waste franchisee for construction debris containers to store and remove debris. No Certificate of Use or Occupancy will be provided until applicant has provided proof of a lease agreement containing or a contract for commercial solid waste service with an approved commercial solid waste franchisee. No certificate of occupancy shall be issued for said premises until the director has made a finding of compliance with the terms of this chapter. Sec. 22-6. Littering and dumping prohibited; dumping or burying waste without proper authorization; illegal dumping in area bulky waste transfer stations; engaging in business of solid waste collection without franchise; declared public nuisance; presumption. Page 10 of 27 12258 (i) Noncompliance with any section shall be punishable in a manner as provided in Sections 22-6 and 22-92. Noncompliance may result in the city's taking such action as it . deems appropriate under the circumstances, and a lien shall be imposed against the property for recovery of all costs involved. (j) The following civil fines shall be imposed for violations of this Section: (1) First citation, $50.00 fine; (2) Second citation, $100.00 fine; (3) Third Fine, $500.00 fine. (k) Pursuant to the provisions of §403.413, Fla. Stat., the Florida Litter Law, the Sanitation Inspectors are designated as litter enforcement officers of the city, for the purposes of enforcing §403.413, Fla. Stat. and Section 22-6 herein. Such employees are designated and appointed as litter enforcement officers. Sec. 22-7. Method of transporting waste. It shall be unlawful for any person to haul, convey, or cause to be hauled or conveyed, any solid waste including discarded building matter or discarded furniture upon or along public streets, roads or alleys except when the material transported is adequately secured in such manner as to prevent the material from falling or being blown from the transporting vehicles. No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, waste or foreign matter of any kind. It shall be a violation of this chapter for any person, firm or corporation not holding a valid nonexclusive commercial solid waste franchise issued pursuant to the provisions of article II of this chapter to haul for hire any garbage or rubbish as defined herein within any area of the city. Sec. 22-12. Waste fees. (a) An annual waste fee, per residential unit, is hereby assessed upon all city serviced residential units as defined in section 22-1 and as set forth herein. These fees shall apply to all single and multifamily residences of three units or less within the city and shall serve to defray the cost of waste Page 11 of 27 12258 collection and disposal. Effective October 1, 1999, the city may utilize the uniform method of collection pursuant to §197, Fla. Stat., whereby residential unit owners shall pay for residential solid waste collection services on the tax bill, in accordance with the provisions of §197, Fla. Stat., as amended. If the city elects not to use the tax bill collection method then one-half of said annual fee amount shall be due and collectible on January 1 and on July 1 of each calendar year, beginning January, 1999, as follows: Fiscal Year Annual Fee 1998--1999 $214.00 1999--2000 234.00* 2000--2001 $325.00 2001--2002 $325.00 2002--2003 $365.00 $325.00 2003--2004 $385.00 2004--2005 $405.00 * The increase in the waste fee for Fiscal Year 1999-2000 (from $216.00 to $234.00), approved pursuant to Ordinance No. 11845, adopted October 12, 1999, shall 19eeeffte became due and collectable by the City of Miami Department of Finance as of April 1, 2000. The increase in the waste fee for Fiscal Year 2000-2001 (from $274.00 to $325.00), approved pursuant to Resolution No. 00-802, adopted September 14, 2000, became due and collectable by the City of Miami Department of Finance as of October 1, 2000. Annual increases projected in Five Year Financial Recovery Plan include $20.00 per year, per single-family unit billed. (c) Notwithstanding any Code provision to the contrary, commencing effective October 1, 1987, said date reflecting the date when the city was fully performing the services set forth below, an annual fee, termed Supplemental Waste Fee, is hereby assessed against all provision of public right-of-way cleaning services by the city in accordance with the following schedule of services set forth below. "Daily" as used in this subsection means weekdays, Monday through Friday. Page 12 of 27 12258 (1) Removal of illegally dumped materials or debris. (2) Main thoroughfares and designated residential corridors in the city will be swept on a elily basis on a scheduled or as needed basis, _as determined by the director of the department. (3) Pxt Litter containers will be serviced, repaired or replaced and cleaned on a daily leasisand cleaned on a scheduled or as needed basis, as determined by the director of the department. (4) Sidewalks in the city will be cleaned as needed. 5) Approved Special Non -Residential Trash Collection Services will be collected by the city if cleaned, bundled and/or bagged and placed at curbside in front of the property that generated it on thescheduled residential trash collection day. 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, 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. Page 13 of 27 --- . 12258 aj 400 The following standards for" dumpster size and frequency of collection will be enforced. (7-30 gallon cans = 1 cubic vard): # of Units Container Capacity Minimum FreQuenc 1-8 2 cy 2 x week 9-16 4 cy 2 x week 17-32 6 cy 3 x week 33-48 8 cy 3 x week Note: Frequency will increase depending on amount of garbage generated. All equipment utilized by a 44eensee-acrd franchised private hauler shall comply with the requirements and provisions of this chapter. All containers shall be screened from the direct view of the adjacent property owner. The department reserves exclusively the right to collect solid waste from any city governmental facility, or any facility constructed or erected on city -owned or leased property, regardless of location. (d) Newspapers or other salvageable materials defined as aluminum cans, glass and plastic bottles, mall fla gee-ea-LEibeai=dbexes metal and tin cans, and airi ee and m=1]- bex== which shall be separated from all ether solid waste materials as provided for herein shall be placed at the curb eeiEt t ,, deFftestTe trash aFrd eelleetetd by t.he—dei=tFRer,} at the affte tiffie tura cu=e-asdeme tie trate, in a container provided by the City on the regularly scheduled recycling collection day or otherwise recycled unless otherwise designated by the director. It shall be unlawful for any person, firm or corporation not licensed therefor, other than the owner, lessee, or occupant of that residential building, except city personnel to collect or otherwise remove any newspapers or other salvageable materials which have been specifically placed for collection in the recycling collection program. The penalty as contained in Code section 1-13 is hereby applicable to violations of this section. Sec. 22-15. Educational trust fund established from recycling program for scholarships to children of certain city employees; conditions for implementation. The moneys received by the,city from the recycling of newspapers and other salvageable materials shall be Page 14 of 27 12258 separately received, maintained and accounted for in an independent fund account to be held in the same manner as a trust account by the city for an educational fund hereby established upon the conditions as set forth in this section. The funds received, pursuant to the city's recycling program, shall be the subject of a separate appropriations ordinance to be adopted by the city commission and separately administered by appropriate personnel of the city. Upon the accumulation of $1,000,000.00 in funds received through this recycling collection program, all interest, as it accrues upon such principal amount, shall be utilized, subject to the sufficient accrual of interest, to pay ten full scholarships to college level educational institutions to be awarded annually by the city commission to children of city �fenrei=al serviees solid waste department, as determined by the city commission to have the greatest need for such scholarships. In the event the interest accrued upon the $1,000,000.00 in this fund is insufficient to pay for ten full scholarships, on an annual basis, a lesser amount of full scholarships, which can be funded by the accumulated interest, will be awarded on an annual basis by the city commission in �e same ffianner- previeled fei= 6yt seetien. Awards will be based on recommendations from the solid waste department. Recommendations will be made based upon criteria established by the solid waste department and approved by the City Commission. The finance director, or designee, shall make financial reports regarding the status of such fund to the city commission, at its request. The city commission may authorize the city administration to establish additional criteria for selecting eligible qualified recipients from among children of department employees. Sec. 22-18. Responsibility for removal of certain waste; collection and disposal of furniture, appliances, etc. (d) City pickup procedures for small trash are as follows: (1) Small trash as defined herein shall be placed into garbage cans, plastic bags or other weatherproof containers strong enough to Page 15 of 27 12258 support the weight of the material but not to exceed 50 pounds, which are to be placed curbside for the city to pick up on regular garbage collection day. Should the city implement a semi -automated. or automated garbage and small trash collection procedure, residents will be provided with containers in which garbage and small trash will be placed for collection by the citv. (f) Use of minidumps by property occupants or landscape firms: (2) Dumping of trash and trash and department prohibited. owners, any material other than garden tree and shrubbery trash, small other materials designated by the director in city minidumps is (h) Until further noticed the department will collect Special non-residential trash as defined herein from commercial properties, as defined herein, that are under contract for regular garbage and trash collection services with a nonexclusive commercial solid waste haul Ar Secs. 22-19--22-45. Reserved. ARTICLE II. REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION Sec. 22-46. Engaging in business of solid waste collection and disposal; issuance of nonexclusive franchise agreement to private solid waste collectors. (a) No person, firm or corporation shall remove or transport any solid waste material over the streets or public rights-of-way of the city or its real property for hire or salvage without first applying for and receiving a nonexclusive franchise from the department to carry on such a business. The nonexclusive franchise required by this section shall be in addition to any occupational and other license(s) Page 16 of 27 X2258 which otherwise may be required by law, including §403.4046, Fla. Stat. A nonexclusive franchise will not be granted to a commercial property for the sole purpose of hauling the solid waste material of its own tenants or occupants. Applications for a nonexclusive made to the department upon such manner as shall be prescribed by the the following information and to supporting documents and such other be required by the department: franchise shall be form and in such director to elicit be accompanied by information as may (2) Character of applicant. The applicant for a franchise under this section, if an individual, or in the case of a firm, corporation, partnership, association or organization, any person having any financial, controlling or managerial interest therein, shall be of good moral character. In making such determination the following information, which shall be submitted by applicant, shall be considered: (3) Equipment and method of operation. The applicant for a franchise shall possess equipment capable of providing safe and efficient service. All vets -i leg ii-pel l�,r eeealprAer to dse—unde��id fEanehis _= r,-effi-nl.(s` . In making such a determination and approving the method of operation for each applicant, the department shall require the following information: Page 17 of 27 12258 Sec. 22-47. Application for nonexclusive franchise. Applications for a nonexclusive made to the department upon such manner as shall be prescribed by the the following information and to supporting documents and such other be required by the department: franchise shall be form and in such director to elicit be accompanied by information as may (2) Character of applicant. The applicant for a franchise under this section, if an individual, or in the case of a firm, corporation, partnership, association or organization, any person having any financial, controlling or managerial interest therein, shall be of good moral character. In making such determination the following information, which shall be submitted by applicant, shall be considered: (3) Equipment and method of operation. The applicant for a franchise shall possess equipment capable of providing safe and efficient service. All vets -i leg ii-pel l�,r eeealprAer to dse—unde��id fEanehis _= r,-effi-nl.(s` . In making such a determination and approving the method of operation for each applicant, the department shall require the following information: Page 17 of 27 12258 go 00 (4) Insurance requirements. (7) Application form. Each application for a peEfftim� franchise shall be made on a standard form promulgated by the director and shall include an affirmation that the applicant will comply with this chapter in all respects. (8) Review and issuance. The completed application shall be submitted to the department. Upon receipt of a completed application, the director or the director's designated representative shall review said application and, if satisfactory in all respects, shall issue the required peEmit franc -hi -,P Sec. 22-50. Franchise fees; permit per account fee(s); temporary roll -off container fPP.0 (a) Each and every franchisee shall pay a permit per account fee annually of $100.00 for each account with whom they contract for the provision of commercial solid waste services. The franchisee may only pass on an amount not to exceed $48.00 of said permit per account fee to each contracted customers. Said permit per account fee shall not be transferable. Effective October 1, 2000 the annual period will begin October 15L and end September 30LII Permit per account applications submitted before the 15 of the month will be charged the full amount for the applicable month; those submitted after the 15 will be invoiced in the next month. Fees for applications submitted in November and afterwards will be prorated at a rate of $8.33 per month for the remainder of the annual period. (b) Each franchisee utilizing large containers and/or roll -offs shall pay a ene tiffte temporary roll- off/container permit fee, per account, for each container/roll-off utilized to provide solid waste services requiring such containers. The $50.00 fee Page 18 of 27 12258 shall be for a 90 day period and will be assessed each 90 days the container remains on site. excluded from local franchise requirements pursuant to §403.7046, Fla. Stat. shall be required to pay a registration fee as determined by the director of the department for an annual period which will begin October is and end September 30 of each vear. Sec. 22-52. Identification of equipment. All equipment utilized to collect and transport solid waste in the city must be conspicuously marked on both sides of the automotive unit with the name of the hauler, c e-}mb e�} t ednaidlerr, vehicle number, tare weight and cubic yard capacity. Identification information must also be marked on all trailer and container units. All markings must be in letters and numerals at least two inches in height. Sec. 22-53. Information required of franchisees. (a) At least annually, but not more frequently than quarterly, as determined by the director, each franchisee shall supply the following information on a form and in the manner prescribed by the director: (1) A listing, as of the reporting date, of the names and addresses of customers, the addresses of each location served and s ti-. ,.,,, l e efomes ehargedky-the pomtee. (-32) The frequency of service. (43) The number and capacity of each dumpster and compactor per account. Page 19 of 27 12258 (d) Certified Recovered Materials Dealers excluded from local franchise requirements pursuant to §403.7046, Fla. Stat. shall be required to pay a registration fee as determined by the director of the department for an annual period which will begin October is and end September 30 of each vear. Sec. 22-52. Identification of equipment. All equipment utilized to collect and transport solid waste in the city must be conspicuously marked on both sides of the automotive unit with the name of the hauler, c e-}mb e�} t ednaidlerr, vehicle number, tare weight and cubic yard capacity. Identification information must also be marked on all trailer and container units. All markings must be in letters and numerals at least two inches in height. Sec. 22-53. Information required of franchisees. (a) At least annually, but not more frequently than quarterly, as determined by the director, each franchisee shall supply the following information on a form and in the manner prescribed by the director: (1) A listing, as of the reporting date, of the names and addresses of customers, the addresses of each location served and s ti-. ,.,,, l e efomes ehargedky-the pomtee. (-32) The frequency of service. (43) The number and capacity of each dumpster and compactor per account. Page 19 of 27 12258 M •r (-54) The address serviced by each dumpster and compactor. (4&5) The list of accounts within the city for which hand collection of bags/cans is provided. Sec. 22-54. Change in r -al. -es required information. Each franchisee+ shall file any change in its seheddle--ef e-h-arEjes required information with the director in writing on a form prescribed by the director prior to becoming effective. Sec. 22-55. Disposal required at city- and/or county -approved facilities. (a) Any and -all solid waste material collected by a permittee --+f ranchi see+ within the city shall be disposed of only at the solid waste disposal facilities provided, operated and designated or approved by the department and/or the county public works department and at no other location or facility except those which have heretofore been approved by the State of Florida department of environmental protection. (b) All pefffiis�tees--[franchisees+ shall comply with the provisions of this chapter and all implementing resolutions of the city commission. The city shall use the reports required in this chapter and other information available to determine compliance of mit franchise holders. Sec. 22-56. Nonexclusive franchise fee requirement; monthly nonexclusive franchise fee payment; approval by director as a prerequisite to issuance; financial statements, list of accounts; account permit fees; roll -off permit fees. (a) No person shall engage in the business of removing or disposing of garbage, trash, or waste from any premises in the city or transport garbage, trash or waste through the public rights-of-way of the city without first having_ secured a nonexclusive franchise for such activities. All persons shall be required to obtain a nonexclusive franchise from the city in order to engage in commercial solid waste collection and Page 20 of 27 12258 disposal from any streets, public rights-of-way or property in the city. This fee shall be in addition to the occupational permit tax ordinance of the city. The term "gross receipts" for purposes of this chapter is defined to mean the entire amount of the fees collected by the franchisees, exclusive of state sales taxes provided by law from any person within the city for garbage, hazardous, industrial, biomedical, biological or solid waste; construction and demolition debris, trash, litter, refuse and/or rubbish collection, removal and disposal within the city unless excluded under the provision of X403.7046, Fla. Stat. (b) Effective October 1, 1994, all city—perTM=}}:e' franchised commercial solid waste haulers will be required to pay to the city a nonexclusive franchise fee of eight percent of the franchisee's total gross monthly receipts. Said nonexclusive franchise fee shall be increased to 12 percent effective October 1, 1995, and to 15 percent effective October 1, 1996. Said nonexclusive franchise fee shall be further increased to 20 percent, effective May 1, 1998. The franchisee shall, on or before the last day of each month, deliver to the city finance department a true and correct statement of gross receipts generated during the previous month from its services rendered within the city on or before the last day of each month. Payments of said fee shall be made on a monthly basis to the city finance department, on or before the last day of each month, representing gross receipts collected the previous month. The franchisee shall on, or before 30 days following the close of each fiscal year deliver to the director a statement of its annual gross receipts generated from accounts within the city prepared by an independent certified public accountant reflecting gross receipts within the city for the preceding fiscal year. The franchisees will allow city auditors, during regular business hours after reasonable notice, to audit, inspect and examine the ' franchisee's fiscal books and records and tax returns, insofar as they relate to city accounts, to confirm the franchisees' compliance with this section. In the event the franchisee fails to pay the full franchise fee percentage of the franchisee's total monthly gross receipts, the fee shall bear interest at the rate of one percent per month on the outstanding balance until paid and additionally the franchisee shall have to pay all expenses of collection, including court costs and reasonable attorneys fees. Page 21 of 27- 12258 (c) in ei der 4To effectively provide for the ee leet r payment of said nonexclusive franchise fee by the franchisees to the city, any person seeking to renew his annual occupational license pursuant to the provisions of chapter 31 of this Code shall, in addition to the requirements set forth therein, provide the city finance department with evidence of all fees imposed by the provisions of this chapter as a condition to reissuance or renewal of said business permit. (d) Issuance of a franchise shall require completion of an application form for the permit franchise referenced in section 22-47 of this chapter. Sec. 22-57. List of qualifications for permits +franchises+; term; nontransferability; rules and regulations. (a) After June 1, 1988, the city shall petit franchise persens commercial solid waste haulers as defined herein to provide service to commercial establishments as set forth in this article. The permits [franchises] issued, however, shall not limit the right to renew occupational licenses prior to the effective date of this amendment and, further, will not impair existing written contracts between a {franchisee+ and that of a commercial establishment which are in full force and effect on the effective date hereof and said contract does not exceed the effective date of the p erffi-i t franchise+. Each applicant for the pei=fait [franchise+ shall submit, in writing, a list of its qualifications. Each list of qualifications shall include, as minimum qualifications to be considered in the granting of such permit {franchise+: (3) Certification that no subsidiary affiliate, or parent corporation or business entity of the applicant already has, or has applied for, an existing peL=Rrijc- [franchise+. Perf its [fFranchises-]-- will not be issued to a subsidiary, affiliate or parent company of an existing p c_mitt-e- +franchisee+, or any permittee -+franchisee+. Page 22 of 27 12258 0* so (4) Certification that the applicant (or, if renewal, the peEffti�ee +franchisee+) is not and will not be, throughout the term that it has a per -mit franchise affiliated with an affiliated entity of any existing pei=Fftd:t4�ee--+franchisee+, or any applicant for a pei=Ri�i:� Ffranchise+ under this article, as a parent, or subsidiary, or by virtue of an interlocking directorate or otherwise. (b) Term. Said pe Emitte —Ffranchise+ shall be valid for a period of one year from date of issuance and, at the expiration or earlier cancellation or revocation thereof, the director may choose to accept applications for new perfrittee—+franchisee+ conditioned and limited as noticed above or, in the alternative, renew the permit issued for an additional one-year period. In deciding to issue new p }t=c +franchisee+ and/or accepting applications- from applicants for pew tee--+franchisee4-, the director will consider the following factors: (1) The permit *ice [franchisees& full and faithful compliance with the terms of this chapter; (2) The peEfft�ittee—+franchisee+ and/or applicants who best meet the qualifications established by this section for the issuance of the, peL=Farii.te—franchise+; and (c) T entTransferability. The peLcfa-its {franchises} granted pursuant to this section shall not be transferable by way of assignment, sale, pledge, or other conveyance. Upon change of ownership, including transference of a majority (51 percent or more) of stock and/or partnership shares, of any company to which a pe -remit Pfranchise+ has been issued, a new pe�FRi:Ffranchise+ will be granted by the director if the new owner satisfies the requirements of this article. (d) The L=egulatery peL=Fftitting franchise provided for by this article is to ensure and facilitate a minimum standard of municipal regulation of commercial waste collection within the city, to provide uniformity and quality of service from the permit;+franchises+ granted hereunder, and to assure that the citizens of Miami have safe, efficient, sanitary,. permitted Page 23 of 27 -- 12258 regulated and qualified solid waste`, garbage and trash disposal contractors. Secs. 22-60--22-85. Reserved. ARTICLE III. ENFORCEMENT AND ADMINISTRATION Sec. 22-87. Schedule of waste collection and disposal fees; records to be kept. (a) Any special collections which exceed the normal weekly trash collection will be charged according to equipment and manpower usage anel all bulky edditienal eell-eetiear. Sec. 22-92. Certain exemptions from payment of waste fees. Commercial establishments actually employing and using the services of a private waste collector holding a valid perfai--Ic franchise provided for in article II of this chapter shall not be liable for the payment of waste fees otherwise required to be paid hereunder so long as such employment and use continues. Sec. 22-93. Enforcement and administrative fees. (a) Any person and/or p__TMitte franchisee who has not strictly complied with the provisions of this chapter shall be subject to the enforcement procedures as set forth herein: (17) The fact-finding determination of the hearing officer shall be limited to whether the .alleged violation did in fact occur and, if so, whether the person and/or franchisee named in the civil infraction is legally responsible for that violation. The hearing officer shall either affirm or reverse the determination of the enforcement officer as to the responsibility of the named violator for the correction of the city Page 24 of 27 12258 ordinance or city Code violation. If the hearing officer reverses the determination of the enforcement officer and finds the named violator not responsible for the alleged violation in the civil infraction, absent a successful appeal of the hearing officer's ruling by the city, the named violator shall not be liable for the payment of any civil penalty. If the decision of the hearing officer is to affirm the enforcement officer's determination of violation, then the following elements shall be included in the decision: C. Verbal warning that failure to comply with date by which violation must be corrected will result in an automatic referral to the Bede—enfe eemen} bear -d hearing officer. (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 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: Acts/Conditions of Noncompliance Fee Fee Section (Subsection) Failure of property owner $250.00 22-2(b) to have contract with City franchised hauler Engaging in commercial solid $75.00 22-46 waste collection without City Franchise Failure to use City issued $75.00 22-2 container or to set -out properly Page 25 of 27 12258 00 00 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. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.21 PASSED ON FIRST READING BY TITLE ONLY this=:=9..h day of July , 2002. zi 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 26 of 27 q0 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of July 2002. �Q ANUEL A. DIAZ, AYOR ATTEST: PRfSZtLLA A. THOMPSON CITY CLERK APPROVED WIZ63 : HH : BSS CORRECTNESS:„/ Page 27 of 27 12258 Second Reading Ordinance TO: Honorable Mayor and Members of the City Commission 247 z FROM: RECOMMENDATION: 16 DATE: UUti 2 8 ice;; FILE: Ordinance Amending Chapter 22 SUBJECT: Of the Code of the City of Miami Entitled "Garbage and Other Solid Waste" REFERENCES: ENCLOSURES: 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 ll, providing for more stringent enforcement of litter violations and Franchisee activities; more particularly, by amending specific sections (22-1,2,4,7,12,14,15,18,46,47,50,52,53,54,55,56,57,87,88,92 and 93) 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 replacement of the Regulatory Commercial Solid Waste Hauler process with that of a Franchise and clarification of certain language which applies to our Commercial Solid Waste hauler process is required. Additionally, the City Commission has adjusted the solid waste fee and this needs to be codified along with other affected areas of the Chapter which are in need of revision as a result of code amendments and related administrative actions. FISCAL IMPACT: None CAG/FKR/CP/blp c: Frank K. Rollason, Assistant City Manager Clarance Patterson, Director, Department of Solid Waste 12258 �, i 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 P.O. 10882 CITY OF MIAMI NOTICE OF PROPOSED ORDINANCES in the XXXX Court, was published in said newspaper in the issues of 07/15/2002 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, commi G' n or refund for the purpose of securing this ertis ent fo publication in the said newspaper. MdaJUbscribed bef this Y A.D. 002 (SEAL) pY'; -MARIA 1. ;MESA O.V. FERBEYRE person IIStttotirt��Cl,9htISSIQ�I f CC 885640 :.: ;�•.• � .', EXPIRES: March 4, 2.004 F f ` 8,wfod Trim Notay Public un,e writers <:-a4vasa, OF PROPOSED ORDINANCES Notice is hereby given, that the City Commission ofyfhe City of Miami, Florida, will consider the following ordinances on second and final reading on July 25, 2002 commencing at 9:00 a.m., in the City Commission Chambers, 3500 Pan American Drive, Miami,. Florida: „ ORDINANCE NO. AN ORDINANCE OF THE.MIAMI CITY COMMISSION -AMEND- ING CHAPTER 2/ARTICLE XI/DIVISION 6 OF THE CODE.OF THE CITY OF. MIAMI, FLORIDA' AS AMENDED,.,ENTITLED 'ADMINISTRATION/ BOARDS, COMMITTEES AND.COMMIS-. SIONS/SPORTS, AND EXHIBITION' AUTHORITY," TO CHANGE THE MEMBERSHIP COMPOSITION FROM ELEVEN TO EIGHT MEMBERS, AND THE NUMBER,OF YEARS PER- MITTED FOR CONSECUTIVE SERVICE AS,A MEMBER ON THE MIAMI' SPORTS' AND EXHIRITION 'AUTHORITY ("MSEA"); DESIGNATING THE CITY -MANAGER 0- DESIGN- EE TO SERVE AS A-N.ER.OFFICIO, NON VOTING, BOARD - MEMBER OF MSEA; AND-REQUIRING'THE EXECUTIVE DI- . RECTOR OF MSEA TO ATTEND MEETINGS OF THE GREAT- ER. MIAMI CONVENTION BUREAU;: MORE PARTICULARLY BY- AMEND ING• SECTIONS 2-101.3,AND .2-1015 OF SAID ".CODE; CONTAINING, A REPEALER, PROVISION AND A SEV ..ERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE, ORDINANCENO.. AN ORDINANCE OF, THE'MIAMI CITY, COMMISSION RE- - PEALING ARTICLE,III'OF-CHAPTER 18, OF THE CODE OF r;THE CITY OF MIAMI,;FLORIDA,.•AS,AMENDED, ENTITLED "-FINANCE, PURCHASING AND CONTRACTS GENERALLY" IN,ITS -ENTIRETY .ANQ SUBSTITUTING IN LIEU THEREOF' NEW ARTICLE III -SETTING FORTH, PROVISIONS FOR THE ACCEPTANCE. -.:OF-, DONATIONS, 'PROCUREMENT OF GOODS'AND, SERVICES INCLUDING PERSONS RETAINED AS EXPERT CONSULTANTS, *AND OPTING OUT OF MIAMI- DADE COUNTY REQUIREMENTS RELATED TO -THE CONE - OF SILENCE; AMENDING ARTICLEV;OF CHAPTER 18 ENTI- TLED "SALE OR.LEASE OF CITY'S REAL PROPERTY" TO IN- . CLUDE PROVISIONS FOR THELEASE OF REAL PROPERTY INCLUDING UNIFIED:' •DEVELOPMENT PROJECTS, THE CONE OF SILENCE AND PROTESTS; MORE PARTICULARLY BY ADDING NEW StCTIONS'18-71 TO 18-114, 1&176.1 TO 18-176.3, AND AMENDING SECTION 18-180 OF SAID CODE; CONTAINING A REPEALER, PROVISION, A. SAVINGS 'CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. .... - . . . ORDINANCE NO.. N ORDINANCE OF T I CITY. COMMISSION AMEND-,, ING CHAPTER 22/ARTICLES I, If, AND 111, OF THE CODE•011 'THE'CITY OF MIAMI, FLORIDA,'AS' 'AMENDED, ENTITLED:'•=� •°GARBAGE= .AND--OTHEH� SOLID WASTE/IN;:-GENERAU;.- REGU -ATION OF• PERSONS ENGAGED. IN COMMERCIAL �; j WASTE COLLECTION/ENFORCEMENT. AND ADMINISTRA- TION TO UPDATE CERTAIN SECTIONS AND PROVIDE FOR MORE STRINGENT ENFORCEMENT OF LITTER VIOLA- TIONS; MORE PARTICULARLY BY AMENDING SECTIONS 22?1,22-2, 22-4, 22-6, 22-7, 22-12, 22-14, 22-15, 22-18, 22-46, 22-47, 22-50, 22-52, 22?53, 22?54, 22-55,22-56, 22-57, 22-87, 22?92, and 22-93 OFSAIDCODE; CQNTAINING A'REPEALER E PROVISION AND'A:SEV,ERABILITY CL.AUSE;`AND:PROVID- ING FOR!ANEFFECTIVE-DATE. • +1.+ -.lig, :,i-.a�,.'.•i ORDINANCE NO. AN ORDINANCE OF THE --MIAMI CITY{COMMISSION4AC-e- '-:"=CEPTING',A:GHANT�FROM CORAL GABLES,;HOSPITALI-'--- -TENET" SOUTH FLORIDA HEALTHSYSTEM-%ND_TENET•' FOUNDATION, Td ESTABLISH A. NEW SPECIAL REVENUE (`r;-:'FUND•ENTITLED °CORAL'""GABLES HOSPITALIrENET FOUN- '!f,i=DATION CONTRIBUTl[bW-AND APPROPRIATING FUNDS'. "`"FOR TkE OPERATION_ OF'SAME IN THE AMOUNT OF $2;500;:' } 't AUTHORIZING•THE Cfr`!}MANAGER TO EXECUTE -ALL NEC= _ +- ESSARYDOCIJMLIVS- IN'A:FORM.ACCEPTABLE TO`THE,'=•-' "t'' , ITY,ATTORNEY,,Tb1ACCEPTTHE GRANT;, CONTAINING A •- .•.'' 1%;' --REPEALER PROVISION''AND 'SEVERABILITY• CLAUSE-.- 01 - '' yt .�•, . - _-;rte:.F��:ti-. _ _ - j. , . __, r a• h�+.: -� ; - ;a1`ORDINANCE,NO.= - -.. ' , .. - . ANiORDINANVCE'OF THE MIAI I CITY COMMISSION AMEND- _ ING PT CHAER 2,=ARTICLEX, SECTION;2:B17 OF THE CODE OF THE'CITY OF MIA' M" I) -FLORIDA; AS AMENDED, ENTITLED -= = 7`-"ADMINISTRATION; 17� Maria Chiaro Assistant City Attorney Adrienne Macbeth Department of Solid Waste r Proposed Amendments -Chapter 22 Garbage and Other Solid Waste Following is an updated summary of our proposed amendments, based on our meeting. Sec. 22-1 Definitions Cart -on -wheels — new definition Certified recovered materials dealer — new definition Department — Addition to existing definition of reference to state of Florida Health and Environmental Protection departments Construction and demolition debris — Addition to existing definition of added materials identified in FI statutes. Construction and demolition debris collector — Insertion of franchisee and addition of registration fee per FL statutes Franchisee — Addition to existing definition of `remove and dispose of waste from commercial properties Garbage can — Change from 32 to 96 gallon containers Hazardous waste collector — Addition to existing definition to include registration fee Local government registration fee — new definition Nonexclusive franchise — Addition to existing definition to include construction and demolition material, and recyclable collection and disposal services Permit per account fee — Change in definition to define the annual period and to add the pro -rata schedule for billing Posting — new definition Recyclable material — new definition Recovered materials — new definition Roll-off/Container — Addition to existing definition of nonexclusive commercial solid waste haulers Source separated - new definition Special non-residential trash collection — new definition Specialized waste handling — eliminate handling and references to it and add source -separated materials, biomedical and recycling and recovered materials Specialized waste handler — new definition Specialized waste handling permit — Change in existing definition to replace use of term, permit, with nonexclusive franchise 12258 Maria Chiaro Page 2 Sec. 22-2 Collection Services......... Addition to reference city's plans to automate garbage collection Addition of service minimums, container size and number of weekly collections (2) Elimination of wood and addition of appropriate size (3) Addition of screening criteria to include cyclone or wood picket fencing Addition of statement to at city will bill for any service it has to provide to commercial property owners Eliminates plastic bottles, cardboard, juice and milk boxes from stream and eliminates I use of anything other than recycling container for material set -out Adds 'new reference to commercial property owners requesting large yard/garden trash collections from city I Sec. 22-4.11 Plans for waste storage .......... Added requirement that applicants for certificates; of use or occupancy show proof of commercial solid waste service prior to receiving it Sec. 22-6. Littering and dumping prohibited ............. Adds new reference to noncompliance and penalties Adds new reference to fines for littering Adds new reference to Florida Litter Law, authorizing inspectors to enforce Sec. 22-7. Method of transporting waste. Replaces permit with franchise Sec. 22-12. Waste fees. Changes residential fees for years 2000-2003 to bring in line with current and projected through 5 -year financial recovery period. Gives explanation as footnote i (c) Names Supplemental Waste Fee (2) Adds designated residential corridors and scheduled vs. daily basis (3) Changes daily to scheduled or as needled basis for cleaning litter containers Maria Chiaro Page 3 (5) Adds new explanation for supplemental waste fee to include non-residential trash collection (d) Eliminates reference to fees being in addition to existing fees in chapter for rights-of-way cleaning and litter containment Sec. 22-14, City and commercial collection of solid waste. (b) Adds specifics of container size and frequency of collection for commercials (d) Eliminates plastic, cardboard, juice and milk boxes from recycling stream Sec. 22-15. Educational trust fund........... Eliminates GSA and adds Solid -Waste. Eliminates reference to process for awarding scholarships in code and adds basis as recommendations from department using criteria developed by department Sec. 22-18. Responsibility for removal of certain waste.......... (d) Adds reference to proposed automated garbage collection Adds reference to department collecting commercial yard and garden trash, if property owner is in compliance with code Sec. 22-46. Engaging in business of solid waste collection....... Adds reference to FI State Statutes Sec. 22-47. Application for nonexclusive franchise. Eliminates city inspection of commercial solid waste vehicles (8) Replaces permit with franchise Sec. 22-50. Franchise fees....... Adds temporary roll -off container fees Adds Oct -Oct as annual period for per account fees and establishes the prorating formula, which will be used for billing Eliminates one-time reference to roll -off fees and adds 90 day period for $50 Adds new reference to excluded specialized waste handlers per FL Statutes and adds registration fee for same Sec. 22-53. Information required of franchisees (1) Eliminate required schedule of rates charged (2) Eliminate totally 12258 Maria Chiaro Page 4 Sec. 22-54. Changes in Rates Replace permittee with franchisee Sec. 22-55. Disposal required at city -and/or county approved facilities (b) Replace permittee with franchisee Sec. 22-56. Nonexclusive franchisee fee........... Add reference to FI Statutes Replace permittee with franchisee Replace collection with payment Replace permit with franchise Sec. 22-57. List of qualifications for franchises (3) (4) Replace permit with franchise and add comrnercial solid waste haulers (1) (2) Replace permit with franchise Replace Nontransferability with transferability and permit with franchise Replace permit with franchise Sec. 22-87. Schedule of waste collection and disposal....... Add special collections which exceed normal trash and eliminate reference to excess. bulky waste collections Sec. 22-88I Payment of Waste Fees Add Nonexclusive Franchise Fees Sec..22-92.I Certain exemptions from payment of waste fees. Replaces permit with franchise Sec. 22-93. Enforcement and administrative fees Replaces permittee with franchisee (c) Adds hearing officer. (d) Adds fine for failure to use city issued container Adds Failure of property owner to have contract with city franchisee Adds Engaging in commercial solid waste collection without city franchise Adds Failure to use city issued container for set -out