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Home My WebLink AboutO-11807J-99-498 6/14/99 11807 ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; PROVIDING THAT SOLID WASTE ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; PROVIDING THAT THE SOLID WASTE ASSESSMENTS MAY BE COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, AS AMENDED; MORE PARTICULARLY BY AMENDING SECTION 22-12 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. BE IT ORDAINED BY THE COMMISSION OF THE- CITY OF MIAMI, FLORIDA: Section 1. Chapter 22, entitled "Garbage and Other Solid Waste," of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:-'/ "CHAPTER 22 Garbage and Other Solid Waste ARTICLE 1. IN GENERAL Sec. 22-12. Waste fees. 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. 11807 (a) An annual waste fee 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 residential units within the city not serviced by private sanitation companies and shall serve to defray the cost of waste collection and disposal. Effective OrtobPr 1, 1999, the city may utiliRP the uniform method of collection nijrsuant to Chanter 197 of the Florida Statutes, whereby residential unit owners shall pay for rpgidgntial solid waste enl1 ion -,P-rvirpq on the tax hill, in arror(janrP with the provisions of ("hajotpr 197 of the Florida Statutes, as amended_ Tf the city elects not to usp the tax hill collertion method then o9ne-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 216.00 2000--2001 236.00 2001--2002 260.00 2002--2003 266.00 (b) All fees billed shall be due .and collectible .upon receipt. The fact that any residential unit or any commercial establishment located in the city is occupied shall be prima facie evidence that garbage and other refuse is being accumulated or produced upon such premises; and temporary vacancy shall not authorize a refund or excuse the nonpayment of the applicable fee. In the event the city 1 s tn ijqp thex hill collection method ana u1pon the adore ion of the z Assessment roll, all solid waste assessments shall constitute a lien against assessed =roprty Pctual in rank and dicInity with th li ns of all state county, district, or municipal taxes and snerial assessments Exr.ept as otherwise provided by law, such liens shall he suneri or in di ccIn i y to all o h _r period liens, g mortages, tittles, and rl ims until zaid. The lien for a solid waste assessment shall be deemed perfected upnn adoption by the city commission of the final assessment resol u _i on, whi .hev _r is ppl i cahl e . The lien for a soli d was e ass _ sm n shall be deemed jpprfected u1pon adoption by the city commission of the final assessment resol u i o or the annual rate resol u i o , whi rhever is aj= i_ahle. The lien for a solid waste assessment rolleetp-d under the Uniform Assessment Collection A. -2- 1180'7 • Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. 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 4. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and propertyof the City of Miami, and upon the further grounds of the necessity. to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies and to -generally carry on -the functions and duties of municipal affairs. - Section 5. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 6. 1 It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a . part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or- relettered and that the word "ordinance" may be changed to "section" "a rticle", or other -3- 11807 Y appropriate word to accomplish such intention. Section 7. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED BY TITLE ONLY this 22nd day of June , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) days from the date of Commission act;^F1 rbgarding same, without the Mayor exercising a veto. ATTEST: altar J. amen, City Olerk WALTER J. FOEMAN CITY CLERK APPROVED A5TOMRAND CORRECTNESS :t/- ►+�*rh�;��1rfR�7 TY W72,X:GKW:BSS. If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. -4- 11807 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and DATE J : O�99 FILE: ;onald embe s of the City Commission Uti 15 I SUBJECT: Uniform Method Of Collection Solid Waste Residential Accts FROM: H. Warshaw REFERENCES City Manager ENCLOSURES: RECOMMENDATION It is respectfully requested that the City Commission approve the amendments, as proposed, to the Garbage and Other Solid Waste Ordinance (Chapter 22 of the City's Code of Ordinances). These amendments formalize the action taken by the City Commission in January of this year by authorizing the placement of residential solid waste bills on the property tax bill as a non ad -valorem assessment. Further, this action does not preclude the City Commission from returning to direct billing should it desire to do so in the future. BACKGROUND Currently, solid waste fees are collected through two separate billings per year. The resolution approved by the City Commission acknowledged the efficiency of eliminating these two separate billings for consolidation into the property tax bill. Using this method of collection also allows residents to pay this assessment through their mortgage company which could expand their payments over a 12-month period versus two semi-annual payments. Further, for those that do not pay through a mortgage company, the opportunity to spread the payments quarterly is also afforded through the County. 11807 • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11807 In the .......... XXXXX...................... Court, was If bliTed Irl., VV Fjwspaper In the Issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said 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 Dade County, Florida, for a period of one y e t preceding the first publication of the attached cop f adv Isement; and afflant further says that she has nel er pal t, nor promised any person, firm or corporation an disco rebat commission or refund for the purpose tecup gthis artisement for publication In the said . r 1 S Ju�o and subscribed before me this Y 99 ...... day of ......................... A.D. 19...... •....�............... (SEAL) GIY pU OFFICIAL NOT SEAL Sookle WIIII ersonalf�CJcn&'1 &.H MAFRMER 49 2 t i. C1 COMnIISStON NUMBER Q CC545384 MY COMN9SSION EXPIRES O APR. 12,2000 6 Y C1Tlf O� MIA�t L-!FLOR1®A t ,-LEGAL N®TICE All interested persons will take riotice'tFiat'oh the 22nd day, of Jurie 1999, the City<Commission of Miami Florida adopted the followrng ti- tied ordinances: ORDINANCE NO. 11806 AN EMERGENCY E -ORDINANCOF THE' MIAMI "'CITY COMMISSION ESTABLISHING A NEW. SPECIAL -' VENUE 'FUND ENTITLED:,' 1999 WAGES- COALITION ' SUMMER-CAMP"'AND'APPROPRIATING FLINDS`FOR THE, OPERATION OF SAID. PROGRAM IN. THE AMOUNT OF UP : I TO t50 000 CONSISTING OF A GRANT FROM THE DADE MONROE WAGES. COALITION FURTHER AUTHORIZING r . j ..'.THE CITY: MANAGER TO EXECUTE THE : NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY. AT- TORNEY ,FOR T.HE :ACCEPTANCE OF _SAID GRANT CONTAINING A... REPEALER PROVISION AND. A r.-SEVERABILITY CLAUSE .NAND ' PROVIDING FOR AN EFFECTIVE ORDINANCE NO 11'807 AN EMERGENCY ORDINANCE °OF THE . _MI XMP'•CITY COMMISSION AMENDING CHAPTER 22 0E-THE-CODE OF ` THE CITY, OF-MIAMI, FLORIDA AS -AMENDED, ENTITLED I '.'-''GARBAGE'AND,OTHER SOLID WASTE,".:RELATING TO t J ''THE.PROVISION, OF__,,tSOLID ;_WASTE SERVICES ) �{ :FACILITIES, AND.,PROGRAMS IN' =THE CIT'''OFixMIAMI : r'FLORIDA;; PROVIDING ;THAT SOLID , WASTE ASSESS MENTS .C.ONSTITUTE(A-LIEN OM=ASSESSED' PROPERTY ~EQUAL. IN -RANK AND DIGNITY WITH THE LIENS OF. ALL `STATE, :COUNTY, DISTRICT;.OR".MUNICIPAL TAXES''AND`t .,:ASSESSMENTS AND SUPERIOR 'IN DIGNITY TO`ALL OTHER'-.'PRIOR.-'L•IENS,,'MORTGAGES','TITLES,,^AND . 6 - ,CLAIMS;.a PROVIDING .THAT ' THE ? `;SOLID WASTE , ASSESSMENTS t:MAY—BE: COLLECTED PURSUANT TO. ' j '-SECTIONS 197.3632'AND.197.3635, FLORIDA. STATUTES ,' _ AS AMEN_ DED -MORE:•-PARTICULARLY BY_-AME.NDNG .-; L SECTION 22 12 : •OF SAID CODE CONTAINING A REPEALER -PROVISION AND A SEVERABILITY- CLAUSE; PROVIDING,FOR AN EFFECTIVE DATE; AND, PROVIDING -FOR-INCLUSION IN THE CITY CODE.;'- ` ORDINANCE NO +11808 AN ORDINANCE " OF THE ,MIAMI CITY COMMISSION AMENDING; THE-�'•FUTURE--'LAND'USE MAR...OF..THE, COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE .LAND USE '=DESIGNATION -"OF THLI.FR,OPERTY' a L'OCATED.AT APPROXIMATELY,.2725-2727_..SOUTHWEST I 10TH 'TERRACE,-`aMIAM1= 'FLORIDA ,,FRO M,•`MEDIUM :. I "DENSITY::RESIDENTIAL TQ RESTRICTED"COMMERCIAL, MAKING'. FINDINGS; DIRECTING; TRANSMITTALS TO 1; 'AFFECTED; AGENCIES;'.' CONTAINING A m' REPEALER ` P,ROVISION 'AND N • SEVERABILITY IS CLAUSE.""AND S PROVIDING FOR ANEFFECTIVE°DATE ORDINANCE NO: 11809 i AN ORDINANCE OF ` THE _-MIAMI'1GITY. COMMISSION j AMENDING PAGE NO:'40 OF -THE ZONING -ATLAS OF THE { CITY OF MIAMI, FLORIDA-BY CHANGING' THE ZONING j CLASSIFICATIOW' FROM`�R-V MUL'TIFAMILY.! MEDIUM DENSITY RESIDENTIAL, -TO C 1 RESTRICTED-, COM ; MERCIAL' 'FOR " THE PROPERTY`'', LOCATED AT "AP -1 �PROXIMATELY22725=272TSOUTHWEST`10TH: TERRACE MIAMI, FLORIDA" EXCEPT. FOR • A ONE FOOT= s(1) _ PERIMETER_ RUNNING: ALONG THE.. WEST:', BOUNDARY OF` THE'HEREIN-DESCRIBED 'PROPERTY -MAKING.-, I FINDINGS; CONTAINING A REPEALER PROVISION :AND A :a SEVERABILITY -CLAUSE AND PROVIDING FOR: 'AN EFFECTIVE DATE., ORDINANCE,h_0U_ �_ AN ORDINANCE•:OF THE MIAMI:CITY :COMMISSION - AMENDING - CHAPTER. 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;; ENTITLED:•"ALCOHOLIC BEVERAGES;"; TO MODIFY PROVISIONS RELATED TO RETAIL. SPECIALTY CENTERS, TO ADD A ITI DEFINON FOR "CENTER DESIGN. DISTRICT,:'- TO, INCLUDE THE. ..""CENTRAL DESIGN DISTRICT' AS AN -EXCEPTION AREA TO;DISTANCE-REQUIREMENTS,..AND"TO PERMIT FOOD ESTABLISHMENTS, AS SET,FORTH IN SECTION_ 4713,- I