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HomeMy WebLinkAboutO-11703J-98-679 9/28/98 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND TRASH", BY PROVIDING FOR NEW DEFINITIONS; PROVIDING FOR NEW REGULATIONS CONCERNING THE DISPOSAL OF TRASH; CREATING NEW ENFORCEMENT AND ADMINISTRATIVE FEES; MORE PARTICULARLY BY AMENDING SECTIONS 22-1 THROUGH 22-6, 22-8, 22-9 AND 22-12, 22-14, 22-18, 22-46, 22-51, AND 22-93 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY .OF MIAMI, FLORIDA: Section 1. Section 22-1 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following• particulars: 1� "Sec. 22-1. Definitions. Biological waste cn11Pctnr_Tbp words "biological T.T=_st-P of 1 or" shall mean any private solid waste contractor who collects, transports or disposes of binlogical_ waste_ 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. 11'703 l% Bulky waste. The words "bulky waste" shall mean but not be limited to, large items of household refuse such as appliances, furniture, accumulations from major tree cutbacks (excePdi nciten _inches_ ") in diameter large crates and like articles. Commercial establishments property. The words "commercial establishments probe till shall mean any hotel, motel, roominghouse, tourist court, trailer park, bungalow court, apartment building with rental apartments, cooperative apartments, and/or, multiple - story condominium buildings and any other business or establishment of any nature or kind whatsoever other than a residential unit as defined in this section. RM" .• .. . . .. - .• .• .•. Department. The word "department" shall mean the department of of solid waste, eMeept a-s—etherwise stated in seetie-n- 2 326 __ra- Clot Director. The word "director" shall mean the director of the department of general scrvrees dministr-atren, divisien of solid waste, eMeept as el-herwi s e neted in see t-rend-326 et—seq . Enforcement officer The word "enforcement --It _1l 1 l mnon#-c of the ni tv - 2 - 11703 Garden trash All aeeuiffalatrens of lawn, grass, leaf kin er shrubbery =:cgs free—ef er elippings large branehes and r s, bulky Wit, reek, newstibl-e-materials whiere-An- and er -he -eentainehed. •I • 109• .1 •• • • �• - • I•waste. Litter. The • • "litter" shall mean any ferm containers,to,- any garbage, rubbish, cans, bottles, box, • • . • product,1 mpehanical-ecrui4ment or building or construction material- tool. machinery. woQd, motar vehicle or motor ' ! f. III 11. I !' • L, trash, refuse and papers,. Minidump. The word "minidump" shall mean a disposal site, maintained by the department, where householders of the city may deposit garden trash an tree and shrubbery- small trash. � •' 'III � /. 11'.• 1' \- •!•• !••• Permittee. "Permittee" shall be defined as a. amy private hauling eempany comet rcial anti waste cnllector that receives a regulatory permit from the department and who is required to pay a percentage o_f its gross monthly earnings to the City of Miami - 3 - 11703 11 . f f - • . 11. r 1 . 11 - . f •. •- -• 1 • I1• -WRIT, -• - - • /. - / •f 11• - f./ 1 �•f• 11 •r • /I • f• • I�� /• •• - • f • f • 11 OEM" 11 . - 1 r . r • - • 1 f - - • / • / • - • 1 • - 1 • / • - r < 1 • • r • / / • / • - 11 • • 1 1 • / • • U - • 11 . - ilip • • - 000 - - - • 1 - - - - f - 1 • 1 • - • / 11 • - f . r • 1 • 1 • . • - • - - - - • - • f branehes, trees, bushes and treimbs, ieh-a-re parts three ef - —in diameter anQ shrubbery a;oFer f feet in —inches ie��-h teete- be net} .zc'iemeeed-ing eur bundled tied,, -urge- -and ine -di een'GneFized e� furniture, and ' mattresses J and e-ther refrigerators, bulky waste items- steves , r r- • . 1 1. u-.f •. •-f -- Tree and shrubbery . trash. limbs,parts Aeeumulatien ef tree trees, bushes an br-anehes,tree shrubbery whi-eh are- p to three of i nehes in diameter an E net emeee�€ems—rae feet in length, tie be - 4 - 11703 eentainer-ised and requ*ring bundling and " Section 2. Section 22-2 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:2./ "Sec. 22-2. Collection services, container usage, condition and requirements for placement location. (a) the eeRunereial establishment shall a lieensed utilise waste hauler eelleet}es-serviees of waste by the direeter. authorized it to -perform—sueh serryiees be the the shall tenant respeasibility of lessee—e��^ owner, eeeupant , to —ems— eemmereial establishment -pre by establishment. and garbage Eaeh-res generated i denee-er sueh eeffnereial l in V;heeit have ^mme re-ra establishment shall a-suffre-re'ir nufaWer-ems-garbage e_ _ . plastire bundled trash te be removed garbage, by the lcy garden er rubbish e-i or ether approved eent-raeters . to be refaeve trash, by eentaruerized-waste, and garbage bein rent of the the-e-i-ty shall fer -pheed-at eurbs1de by the by the property .ate remeval i eit as sehedialed •- +-e arreElt6_ fl s } ; s+ eh � eras —ire m^fir The-direetermay make eNeeptions ebs}r,,e} pedestirielm- passage. te' elderly te-- these persons. -rules aeeeffmedate-disabled-and Any privatehaulingeempany providing waste e6lleetien ser viees- who will be—diseentaL UIRg A tS ee i l ee t i en . -- e t ea eemmerei a l establishment shall xe the Neighborhood Enhaneement Team (NET-) se ------ eenter-€erne-zarea-where-seryie` will be dtinue� at least seven business days- prier netiee of its iu e te diseentinue sueh servie= _ The private -- owner,hauler shall additienally mail te the eeeupant, tenant-er lessee of the —e6 kereial establishment a irizcr@e=czrcritis d3s_ _ __ _ ___ ___~ gwaste eelleetien --L=gFiees €er chat eefinereial establishmxent � duel-i gate-eepy of this netiee- shall be simultaneously mailed by the private hauler te the Neighborhee Ethaneement Team (NET-) serviee-eenter for the --area whhe��sueh--servr��Z�e dis��aed-. A ee teal establishment L, +- have t �—wrrreh—cre e.��rel�=a�iF'= C7LL�dT.'t'� CC eeiieet-ren servieeseing furnished shall be-sorbjeet- e having an administrative servi-ee-fee- imposed paw Ibid. - 5 - 11 u3 (c) The garbage or trash container site (eemmereial andfei resider-i-al+ for commercial properties shall: (1) Be situated in an easily accessible location for collectors; (2) Be a platform constructed of wood or concrete above ground level in the case of a commercial establishment propel; (3) Be constructed in such a manner as to discourage or eliminate the possibility of rodents breeding under the platform; and (4) Be screened from any street, alley, sidewalk or adjacent property. Such screening shall be maintained in perpetuity by the property owner. Sunken containers are hereby declared to be hazardous to the health, welfare and safety of the residents of and visitors to the city and to the city's waste collection personnel. Accordingly, such containers shall immediately be replaced with approved containers and the holes where they were previously sunk shall be filled with clean, solid fill. (d) All new commercial establishments properties and/or structures, as defined in this chapter, shall provide a garbage and/or trash room as required and provided for in Ordinance No. 11000, the zoning ordinance of the city. Any existing structure, legally established but currently nonconforming with regard to Ordinance No. 11000, upon expansion of the existing structure by 25 percent or more of its existing floor area, or its repair or renovation at cost exceeding fifty 54 percent (50%) of its current value as established in the assessment made by the Miami -Dade County property appraiser, shall be required to comply with the requirements of this chapter; any series of repairs and/or renovations during any five-year period shall require the property to conform . to the requirements of this chapter. Additionally, a change in the use of any legally established, but nonconforming structure shall require such structure's compliance with the requirements of this chapter prior - - 11703 0 • to the issuance of a certificate of use and/or occupancy by the building and zoning departments. .(g) Newspapers and other salvageable materials defined as aluminum cans, glass and.plastic bottles+ flattPnPd cardboard boxes, metal and tin cans, and juice and milk boxes shall be separated from all other solid waste material; shall be separately bundled by being placed in shopping or other kraft bags, cardboard boxes, and any other container as deemed appropriate by the director; or tied securely with rope or cord in bundles not exceeding fifty (Sol pounds." Section 3. Section 22-3 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars: "Sec. 22-3. Accumulation of waste; proof. The fact that any residential unit or any commercial enstablishment property, located in the city is occupied shall be proof that garbage or other refuse is being produced or accumulated upon such premises. However, a temporary residential vacancy, regardless of duration, shall not authorize a refund or excuse the nonpayment of any waste fee. Waste fees shall be chargeable on a pro rata basis on new residential units immediately following the pianningy building and zoning department's issuance of a temporary or final certificate of occupancy, or whenever the first waste is picked up from such unit by the city, whichever shall occur first." Section 4. Section 22-4 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:4/ 3/ Ibid . V Ibid. - 8 - 11703 "Sec. 22-4. Plans for waste storage on certain premises to be approved before issuance of building permit. Before building permits may be issued for construction of commercial establishments ^'^' ents property, as defined in this chapter, plans for storage of refuse must be approved by the director as to location, accessibility, and number or adequacy. 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." Section 5. Section 22-5 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:�� "Sec. 22-5. Duty to dispose of trash and prevent accumulations. (a) It shall be unlawful for the owner, manager, occupant, lessee of, or other person responsible for any lot, parcel or tract of land on which residential units or commercial establishments properties are located within the city to deposit, store, keep, or maintain, or permit to be deposited, stored, kept or maintained bulky or industrial waste, refuse attending the care of lawns, shrubbery, vines, and trees, except for the purpose of composting; rubbish including uncontainerized garbage, beer and soft drink containers, empty or broken bottles, and metal containers; and any other uncontainerized solid waste whatsoever upon such property, adjoining rights -of -way, easements or alleys, except. as specifically authorized in this chapter. Property owners of unimproved property or owners, occupants, tenants and lessees of improved property shall be responsible for keeping the area around the dumpster(s) or container(s) in a clean and presentable condition as well as keeping the sidewalk, side parkway and swale area and other public rights -of -way clear of all trash and litter, and shall maintain their property in a clean, mowed, cut and litter -free manner, including sidewalks,.grass strips, swale area or rights -of -way up to the edge of the pavement of any public street. Every merchant, storekeeper or operator of a business in the city shall sweep or cause to be swept the sidewalks adjoining his respective -place of business before 10.:00 a.m. every morning, or as often as necessary to keep the area 5/ Ibid. - 9 - 11703 clean, on each day that such business shall be operated. Said sweepings shall be picked up and not swept in the gutter. Failure to comply with the provisions of this section shall constitute a violation of this chapter: such failure may also serve as the basis for assessment of an administrative fee. (b) Whenever it is evident that there is a violation of this section, the Bede enforcement officer sal may do one or more of the following: Serve a. notice of noncompliance, in a form prescribed, by the director and approved by the city commission, upon the owner, I manager, occupant, resident, lessee', rermittee, or other responsible person by personal service, mail or by posting a copy in a conspicuous place on the premises where the violation exists. The __errs shall: speeify a reasenable tifne, net to emceed-z4 heurs, in wh „1.. the eemmensurate with th the —eireumstarees . in the event said- netiee is net eemplied with the r ; f; e time t-The Pnforcement officer may proceed with direct removal as outlined below. The enforcement officer may: (1) Cause a core enforcement Sanitation civil 1 violation notice ef neneemplianee to be issued, in a form prescribed.by the director and approved by the city manager, upon the owner, manager, occupant, resident, lessee, nermittee, or other responsible person by personal service, certified mail, or by posting a copy in a conspicuous place on the premises where the noncompliance exists. If said noncompliance has been found to exist by the city manager, or the city manager's designee, such finding and determination shall result in an administrative service fee being assessed for such noncompliance in the amount set forth in section 22-93 hereof, with said fee being assessable for each day the noncompliance exists until the condition or conditions resulting in such noncompliance no longer exist. (2) Direct the department to remove, remedy or eliminate the noncompliance and charge the property owner for a special collection service in accordance with the - 10 - 11703 provisions of this chapter." Section 6. Section 22-6 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:fi/ "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 permit; declared public nuisance; presumption. ( c ) Prohibited act (s) . The following shall be unlawful: (1) Dumping litter and/or refuse in any manner or amount whatsoever in or on any public highway, road, street, alley, thoroughfare or any other public lands, except in containers or areas lawfully provided therefor. The provisions of F.S. ch. 334 401-413, as amended, shall apply to all public rights -of -way within the city. (d) It shall be unlawful for any owner, occupant, lessee, employees rermittee, or other person from any commercial establiihment property to dump or cause to be dumped any material whatsoever from such commercial �--- �b ; sl..,,en property at or upon any minidumps� jaublic rights -of way, city property or any iinauthorized r�i ar n� - 1 o ration. (e) It shall be unlawful for any person, nermittee, firm, corporation or other legal entity to collect, remove or transport any solid waste material for compensation from any location or premises within the city without first having been granted a permit by the department. • .� •1111- . • WE • - • I- • • - • 0 . • • U . 11 • • - 6/ Ibid. - 11 11703 C. (fg) Declared public and not in limitation upon violation of this section, commission to declare the refuse in the city, as prohibited, a public nuisar of this section to the I calling for removal of suc. notice, hearing and a lien city so chooses to remedy Any action taken pursuant t the provisions of this c] iuisance. In addition to, any enforcement action for _t is the intent of the city dumping of litter and/or hereinbefore described and ce and to subject violators ,rovisions of this chapter i a public nuisance through enforcement procedure if the the prohibited condition. o this section in enforcing iapter shall be considered cumulative and .in addition to penalties and other remedies provided elsewhere in this chapter. (gh) Applicability of state and county laws. In addition to, and not in limitation of the provisions of this section, the provisions of F.S. § 403.413, also known as the "Florida Litter Law," and chapter 15 of the Code of Metropolitan Dade County, as amended from time to time, are hereby added to this Code of Ordinances and -incorporated by reference herein. The city commission also respectfully suggests to any court finding persons guilty, of violations of the "Florida Litter Law" that the provisions of F.S. ch. 948, "Probation," be utilized liberally in order to require such persons to expend appropriate amounts of time and effort gathering up litter and refuse at places within the city as may be designated by the court." Section 7. Section 22-8 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:7/ "Sec. 22-8. Manner of handling garbage and trash; placing dangerous materials in waste containers prohibited. Proper.handling shall mean the following: 7/ Ibid. (4) It shall be a violation of this place or cause to be placed in any garbage or refuse container for any acid, explosive material, chapter to regulation collection inflammable - 12 - liquids, hot ashes, tar, grease, chemicals, poisons or other hazardous, infectious, including animal or human waste matter (feces) or any other dangerous or highly corrosive material of any kind. The city will not be responsible for the collection or disposal of any such materials." Section 8. Section 22-9 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:$ "Sec. 22-9. Responsibility of persons other than owners of premises for violations and for non-compliance: The owners or agents, management firms, managers, supervisors, janitors, rental agents, tenants or lessees of all residential homes, rental units and commercial establishments properties, shall be responsible under the law for complying with the provisions of this chapter. In every multiple dwelling occupied by three (3) or more families, in which the owner does not reside, there shall be a responsible person designated in writing as such by the owner. These persons: the management firm, manager, supervisor, janitor, rental agent or the owner shall be severally and jointly responsible for seeing that the entire premises as well as the yards, sidewalk, grass strips, swale areas or rights -of -way up to the edge of the pavement of any public street, and one-half of the alley or easement adjoining such dwelling are free from garbage, trash, litter, overgrowth, or any foreign material which constitutes a violation of this chapter." Section 9. Section 22-11 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:s/ "Sec. 22-11. Dumping on public right-of-way prohibited. (a) It shall be unlawful for any person to dump or cause to be dumped or place or cause to be placed any refuse or rubbish of any kind whatsoever including tires, construction and demolition debris, biological 8/ Ibid. 9/ Ibid . - 13 - 117UA� or biomedical waste and hazardous material along the rights -of -way of the public streets, highways and roads of the city, regardless of whether such dumping is from a dolly, wagon, wheelbarrow, noncommercial flatbed, truck, van, car or any commercial vehicle. (b) The provisions of F.S. ch. 33-4 401 411 shall apply to all public rights -of -way within the city." Section 10. Section 22-12 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars: 1 V "Sec. 22-12. Waste fees. (a) An annual fee of $188.00 is hereby assessed upon all city serviced residential units as defined in section 22-1. 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. One-half of said annual fee amount, $94.00, shall be due and collectible on January 1 and on July 1 of each calendar year. Effective July 1, 1998 only, the amount. due and collectible shall be $108.00, all semi-annual amounts thereafter shall be at the $94.00 rate. (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 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. 10/ Ibid. . lei u.-• 44 M11WZYM (4) Sidewalks.in the city will be cleaned on a daily basis and pressure e eaned as - 14 - 1'14.70"3 0 • needed. Section 11. Section 22-14 of the Code of the Miami, Florida, particulars:11/ City of as amended, is hereby amended in the following "Sec. 22-14. City collection of solid waste. (b) The director may authorize the collection of solid waste by privat�e commercial solid wa collectors if it is a commercial account as such is defined by this chapter. If private collection is authorized, the contract with the private commercial solid waste collector shall include garbage, trash and bulky waste collection. In addition, the contract must specify a container or containers of sufficient capacity so as to avoid overflowing conditions with a �i r —size of eent=ainers—being twe eubi = yards with a minimum twice per week collection; two true and accurate copies of said contract shall be furnished to the director. The container must be capable of holding a minimum of one week's collection of solid waste for the number of units being served. All equipment utilized by a licensed and permitted 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 and juice and milk boxes which shall be separated from all other solid waste materials as provided for herein shall be placed at the curb next to domestic trash and collected by the department at the same time and schedule as domestic trash, 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 11/ Ibid. - 15 - 11703 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." Section 12. Section 22-18 of the Code of the City of Miami, ' Florida, as amended, is hereby amended in the following particulars: "Sec. 22-18. Responsibility for removal of certain waste; collection and disposal of furniture, appliances, etc. (b) Bulky waste shall not be permitted at curbside until advance arrangements have been made with the department for its removal. Each residential property shall be entitled to four bulky waste collections per calendar year as scheduled by the department in response to the property owner's request. The bulky waste pickup shall be limited to a single 25- cubic-yard truckload per pickup. The cost of any additional bulky waste collection is $100.00 per 25- cubic-yard truckload per pickup and shall be charged to the property from which the additional collection is made. The cost of any additional bulky waste collections shall be charged to the property from which the additional collection is made. During the week of, and prior to the scheduled collection date, all trash and bulky waste shall be placed on the parkway between the sidewalk and the street pavement or along the curbline when it is immediately adjacent to the sidewalk in front of the property from which the trash originates where it will be easily accessible to the trash collection trucks of the city, but not in the traveled way on the street, road or alley. Bulky waste shall not be placed in any alley without the approval of the director. The director shall have full authority to designate the location or time of placement of trash other than as described in this section, whenever unusual circumstances arise or, in the director's discretion, it is believed that additional or alternate areas or 12/ Ibid . - 16 - 11703 times are necessary. Trash or bulky waste shall not be placed adjacent to or within five feet of buildings, fences, utility, telephone or electric poles, fire hydrants, or in any other area that would make it inaccessible to trash collection equipment. Hemeewneics, ee•eepants, lessees er tenants of residenees a-re—eneeuraged to t=ke 116rash, refuse, bulky waste fereign Fnateria ( _iEe ,,, ing --J garbage) to designated trash ee fleet i-en sites where the material will be—pieked up en a —regularly seheduled bane . (c) All property owners or occupants serviced by the city shall have two options for disposal of their garden small trash and tree and shrubbery trash. Owners or occupants of property may either containerize garden trash or bundle tree and shrubbery trash for city collection or the owner or occupants may transport such material to minidumps. Material which is containerized or bundled shall be placed at curbside no sooner than the evening prior to the s eheEla 1 collection day. (d) City pickup procedures for garden trash e-r- tree and shrubbery small trash are as follows: (1) Garden Small trash as def fined herein shall be placed into garbage cans, plastic bags or other weatherproof containers strong enough to support the weight of the material but not to exceed fifty (,501 pounds, which are to be placed curbside for the city to pick up on regular garbage collection day. (2) Tree and shrubbery Small trash as defined herein shall be tied in bundles with material strong enough to support the weight of the bundle, such bundle not to exceed fifty (50) pounds and to be left at curbside for the city to pick up on the regular garbage collection day. (e) City pickup procedure for as defined herein will be collected by the department only from city -serviced accounts scheduled on a mutually agreed date with the account and in accordance with paragraph (f)(4) below. -17- 11703 Section 13. Section 22-46 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:1a� "Sec. 22-46. Engaging in business of solid waste collection and disposal; issuance of permit to private solid waste collectors. J- 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 permit from the department to carry on such a business. The permit requited by this section shall be in addition to any occupational license which otherwise may be required by law. A permit will not be granted to a commercial establishment property for the sole purpose of hauling the solid waste material of its own tenants or occupants." Section 14. Section 22-51 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:IA/ "Sec. 22-51. Renewal of permit. A permit may be renewed from year to year by the department. Effprtive October 1. 1998, the annual September 30. Any such renewal shall be subject to the same terms and conditions applicable to the issuance of the original permit and payment of vehicle registration fee. as set forth in section 22-50. In the event that the City elects to utilize a franchise system for commercial solid waste collection, those commercial solid waste collectors who possess a valid regUa ory permit and occupational license at the time such Rygtpm is i=lemented, and are not granted a franchise permit. shall be reimbursed' fr)r the unused portion of said 13/ Ibid. 14/ Ibid . - 18 - 11703 •' III / • - 1 - Section 15. Section 22-93 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:la/ "Seca 22-93. Enforcement and administrative fees. (a) Any person and/or nermittee who has not strictly complied with the provisions of this chapter shall be subject to the enforcement procedures as set forth herein: 151 Ibid . noncompliance chapter is found, - enforcement • . ­k--tern shall notify the noncompliant person and/orpermittee in writing. Service 1. .- - -• by delivering 1- rivil /• 1' • • - • •••- • •- •am • •- . /s 1 • �11 1• 1. •- •• -• =Kez1 •. 1 • • • / • / - • •�- �•/ /IR $'07EINWOO Uliffel/ W PROWN 5'•-• • - .1• 1- • 1- • 0,00 0- (2) Hpen reeerptef—said reqaest, the e-it y er the—eity manager's designee shall se edu!e—a hearing —net —less --than ten - 19 - 11703 The be as in preeeedingS ible shall the ermal . as . -- --'-'--ra the law. with essential At hearing, re remeets of said be the neneempliant person shall given the hearing by the of to make a reeerd of to-eal use t o a-eeiart r-eperter, , witnesses, his ^f ethe preperly present resitien be de€tee--T The adiisiear-e€-evidenee-shall by the the e; ty ge ned- designee eity manager the er - -1 -adviee-ef legal manager's f with be Str et rules sueh available. iaw, net e€-evrdenee, Evrdenee as in eeurts-ef te--be -shall at the apply. diseret-ren is tie-eity admitted the -eity of manager er- manager's Eles-',,,..-- legal --nsistent �e with generally � ^------g the aee peed r-- J.,_- r--__-iris- pr p e .�- - --__-r J trrare admissien preeeedings.T of evidenee-rx ad rx (4) Within ten ,ys -e -elese-ethe -the eaiag, tie e}#y-sage er-te-elty manager's designee shall render his in writing, determining whether er net an be--impesewe administrative -fee -shall - 20 - 11703 • • r• r. •--r - altzlem7alwo Deal r •r r• r. - - - r- - 21 - ry 11703 • • 1' •gol .•11 f 1'. f• 1. �_ '• 1 11 ' ' •l • . 1 � 11 1 1 ' � f • 1'• '� OTWO o a f• •. • ••f - 22 - 11703 adljnjstratjg,p personnel to facilitate the proper issuance of civil infraction notices, processing / • review of - may - Aasonably required, and for the proper werfoxamice of - • • f -. / • • / - / - . / • • OM 9 0 W . • - III /. •/ /. • • f /' - 23 -11703 •1 • • .I.1109MOIRNW.91- /- /- .- •/ 1• WAO I-. to • - I - f- all • •1 • 14I . -11'1 • • I' *•I • • /- 1.11-• • • • I ' Off • - • / • / K- ErA wd • • F 0 UA W*v I F va 1 • / 1 ' - �.- • I' I' 1• • is ruling by the city, the named • •sball not z- iiable • the payment of 1 �'I. 1' decision of I' /'. I• • - • �11 f' -I • -11' I -24- 11703 • 11 I M-1 wow INIM _. ,. ., _ .,. ,_ _. , its . _. assessedarticle shall be in accordancethe minimum administrative fee schedule as set Failure . of commercial $250.00 22-2(a b) tcabi , shme f. property to have in effect an agreement with a waste hauler for the collection and removal of solid waste/garbage from the premises Failure to remove raw or $ 75.00 22-2(b) processed organic waste matter from food service establishment Failure to screen container $ 50.00 22-2(b c.) - 25 - 11703 • The placement of bulky and/or $ 75.00 22-2(f- a) industrial waste on public rights -of -way Dumpster(s) not kept in approved $150.00 22-2(f) garbage facility Commercial container violation $ 50.00 22-2(f) Insufficient number of approved $ 50.00 22-2(f) garbage receptacles Failure to properly mark container 50.00 22-2(f) Trash not containerized or $ 75.00 22-5 bundled Failure to maintain property, $ 50.00 22-5, 22-9 sidewalk, alley, and/or public right-of-way Unauthorized disposal of garbage $500.00 22-6 or trash or other waste materials consisting of industrial and bulky waste or other waste material Uncontainerized garbage or $ 75.00 22--& a miscellaneous trash in receptacle area Garbage not containerized $ 75.00 22-8(1) Litter on premises $ 50.00 22-9 neameterized—vehiele—er nkne.m enrty (i.e. , delly, wagen, t ,,,„eb , - 75.00 22 4:1 Illegal dumping f rees—a neneemmereial--ez $250.00 22-11 Illegal dumping from any $ S 0.00 22-11 commercial vehicle $10000.00 Illegal egal dumb i ng of waste-1-jr-ea 1 . 000 _ 00 22-11 Unauthorized bulky waste Garbage $ 75.00 22-18(b) not containerized Disposal of trash or other waste $ 75.00 22-18(b) materials placed in right-of-way at other than authorized time Garbage deposited at minidump $150.00 22 6(e) (7) site fer bulk . --- _..-,. -1 22- 8 (f) (2) Use of neighborlhened bulky waste site $500.00. 22 "^` P 2 (1) transfer stat4en minidmmz by commercial establishment .-19(f) Impeding, salvaging and $250.00 22 6(e)(84 �22-18(f)(3) vandalism of bulky waste minidump site - 26 - 11703 • The fees as stated herein are payable and due by thereneempliangersear—wi-t-hin ten days of sai er the —emsty— manager's -designee, —impeling -sueh fees Section 16. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provision of this Ordinance are hereby repealed. Section 17. 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 18. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.�� PASSED ON FIRST READING BY TITLE ONLY this 14th day of July 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. - 27 - 11703 July 1998. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28th day of ATTEST: September , 1998. JOE CAROLLO, MAYOR In accor&n e With IAami Code Sec. 2.-38, since the Mayor did not 4 this legislation by signing it in the designated pkace provided, 0:''d berries effective with the elapse of ten (10) days from the date of C%0{r1i-nis1'iCrE CliCn regarft same, without the .Mayor exercisi eta. Wanerworoerrjan, City Clerk WALTER J. FOEMAN CITY CLERK GKW:CSK:BSS CTNESS:� - 28 - 11.703 CITY OF MIAMI, FLORIDA12 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE: JUL _ 7 1998 FILE of the_City Commission SUB.IECT : Omnibus Chapter 22 Amendments FROM: eoeafdo H. Warshaw REFERENCES: City Manager ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission approve a series of amendments to Chapter 22, Garbage and Other Solid Waste, which include new definitions in support of previous amendments to the Code and recent operational changes in the department; the elimination of definitions which are no longer applicable because of these amendments and changes; increased and new fines for illegal dumping; the elimination of the minimum 2 yard container requirement for commercial hauler accounts; the establishment of the City's fiscal year as the commercial regulatory permit year effective October 1 s"; and new fines for commercial hauler violations of Article II of this chapter. BACKGROUND. Several years ago, Sec. 22-1, Definitions, was amended to include biological, hazardous, and industrial waste, and construction and demolition debris commercial haulers and their accounts in the requirements for City of Miami Solid Waste Regulatory Permitting and the payment of. the related fees to the City. The Code was not amended to reflect these haulers in our definitions. Last fiscal year, the Department of General Services Administration and Solid Waste was separated into the two individual departments, but references to the combined department remained in the Code and needed to be changed. Honorable Mayor and Members of the City Commission Page 2. In May of this year, the Solid Waste Department initiated a change in residential service designed to reduce scale fee costs by diverting small residential trash to the garbage stream for less expensive collection and disposal costs and the resulting majority of the weekly. residential set out of yard and garden trash to our Virginia Key Trash Management Facility for composting. There is no definition in Chapter 22 for Trash or Small Trash. Therefore the existing. definitions of Bundled garden trash, Garden trash, Special handling trash, and Tree and shrubbery trash needed to be eliminated in lieu of the new Trash and Small Trash definitions required for this operational change. Illegal dumping fines also needed to be increased commensurate with the increase which Solid Waste has experienced in the cost for the collectionr and disposal of this material from our rights -of -way. Sec. 22-14 of the code required that commercial containers be a minimum of 2 cubic yards, however many properties in the City were built prior to this amendment to our code and do not' have space on their properties for this size container or for the platform or screening required. Commercial haulers must be permitted by the Solid Waste Department to do business in the City of Miami. Currently, their permit annual expiration dates coincide with the varying dates on which their initial application was approved. In order to more effectively manage the permit process and the annual audits by City audit staff, these expiration dates needed to coincide with the City's fiscal year. As a result of numerous citizen complaints regarding Commercial Haulers' violations of code specifications limiting collection time to between 6:00 A.M. and 11:00 P.M. and various other violations of Article II requirements, there was a need to impose fines in order to eliminate the violations. The numerous amendments in this recommended Omnibus Amendments to Chapter 22 item will resolve all of the above indicated and bring this portion of the code up to date with the amendments and operational changes which caused them. 11703 • 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 Sookle VAIllams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review f/kla 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. 11707 ®� Court, In the ...........XXXXX ... w&p Pit ad IrL seidrt�9wspaper In the Issues of Afflant 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 mall matter at the post office I lama in said Dade County, Florida, for a period of on ear n xt preceding the first publication of the attached py of a ertisement; and afflant further says that she has either p d nor promised any person, firm or corporation y disc unt, rebels, commission or refund for the purpose tn this adv isement for publl tlon In the said 7 Sworn Octoatid Qer scribed before me 1A ...... day of ......................... A.D. 19...... �P�IGAL•NOTARY SEAL U !� CHERYL H MARMER (SEAL) 2 1 a (� (1 comissiom NUIg13ER Sooklo MnIllams person ! k <m CC545384 -71e COMMISSIONf10My COMMISSION EXPIRES CITY OF MIMi I, FLORIPA LEGAL NOTICE o All. interestedpersonswill take notice;that on; the 28th day'of.Sep- tember 1998, the City Commission of Miami, (Florida adopted thep'fol- lowing titled ordinances: ORDINANCE NO. 116973* AN EMERGENCY ORDINANCE AMENDING ORDINANCE ' NO.' 11395,.: ADOPTED SEPTEMBER 12, 1996, AS:, AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND • INITIAL' APPROPRIATIONS `FOR A SPECIAL REVENUE-FUND'ENTITLED: "VICTIMS OF CRIME ACT," ; THEREBY. INCREASING SAID APPROPRIATION IN THE AMOUNT OF $35,000.00,, CONSISTING OF -A- GRANT FROM"- THE', STATE, -OF FLORIDA,_ OFFICE OF_ - THE ' ATTORNEY -GENERAL; AUTHORIZING THE -CITY MANAGER TO ACCEPT SAID. GRANT, AND TO EXECUTE . THE NECESSARY DOCUMENTS, '•IN A FORM ACCEPTABLE TO..THE -CITY ATTORNEY FOR THIS ' PURPOSE;. CONTAINING A: REPEALER PROVISION AND { SEVERABILITY CLAUSE: II ORDINANCE NO. 11698 AN ORDINANCE AMENDING' CHAPTER 2/ARTICLE.Il OF THE CODE OF T,HE CITY"'OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:'- "ADMINISTRATION/MAYOR AND" CITY COMMISSION, `BY ADDING LANGUAGE TO CLARIFY .SECTION 4(g)(6) OF. THE CHARTER OF' THE CITYOF MIAMI,-,FLORIDA;`AS' AMENDED, AS IT. RELATES. _ TO THE TIME WHEN- :THE REMOVAL OF THE CITY ` .MANAGER BY THE MAYOR -,'WILL TAKE' EFFECT, MARE PARTICULARLY BY ADDING NEW SECTION 2737 TO SAID.. CODE; CONTAINING.A:REPEALER PROVISIOWAND A• r SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.11699 j AN ORDINANCE AMENDING SECTION 53 181 OF THE CODE OF -THE CITY OF MIAMI, FLORIDA,'AS AMENDED,y `. -BY . CHANGING . THE . FEES , CHAR ,GED FOR .:USE, . OCCUPANCY, AND SERVICES-, AT`' THE CITY; 'OF -. " MIAMI/UNIVERSITY'- OF, 'MIAMI"- JAMES. L. KNIGHT I CONVENTION, CENTER;, CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE;= AND .PROVIDING FOR AN EFFECTIVE DATE::: r '-ORDINANCENO.11700' _. AN ORDINANCE AMENDING. CHAPTER 42tARTICLE V OF, '.THE CODE'; OF • THE CITY. OF ,MIAMI, FLORIDA,. AS AMENDED,- ENTITLED:,-.-.' 'P0LICFJVEHICLE ' IMPOUND-; . MENT, BY ';PROVIDING DEFINITIONS,, -REPEALING THOSE. PROVISIONS -RELATING `TO THE'SEIZURE "AND IMPOUNDMENT -OF -VEHICLES FOR DRIVING UNDER THE • ' INFLUENCE, -AND BY ADDING A NEW PROVISION CONCERNING THE DISPOSITION'' OF*, UNCLAIMED. VEHICLES AND ILLEGAL -.DUMPING OF WASTE;'MORE` PARTICULARLY BY ADDING NEW,.SECTION 42-120-;ANQ. AMENDING - SECTIONS- _ 42-121, 42-122 AND 42-124;.,: CONTAINING A REPEALER ' PROVISION'' AND A SEVERABILITY CLAUSE. PROVIDING FOR AN EFFECTIVE • L . DATE. 17z - — - - ORDINANCE NO. 11701- AN ORDINANCE- AMENDING CHAPTER 22, ARTICLE 1, SECTION 22-12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "WASTE FEES;" BY EXEMPTING - RESIDENTIAL CONDOMINIUMS, AND . RESIDENTIAL CONDOMINIUM ASSOCIATIONS AND CO- OPERATIVES `AND CO-OPERATIVE- ASSOCIATIONS FROM THE ASSESSMENT OF SUPPLEMENTAL �WASTE FEES AS SPECIFIED THEREIN; CONTAINING A RE P.EALER .PROVISION -AND A SEVERABILITY. CLAUSE; - PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE N0:11702 AN ORDINANCE `AMENDING SECTION 22-117(f) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, INCREASING THE ADMINISTRATIVE .FEE_ TO TWENTY PERCENT,, OF THE ACTUAL EXPENSES INCURRED BY THE CITY WHEN CORRECTIVE ACTION. IS. TAKEN -TO REMEDY, A VIOLATIVE CONDITION ON A LOT OR PARCEL OF LAND; PROVIDING FOR A REPEALER PRO- VISION AND kSEVERABILITY CLAUSE. x�, • r ORDINANCE NO. 11703 I ORDINANCE AMENDING CHF THE ,THE. CITY OF MIAMI, FLORIDA, AS AME� ENTITLED: "GARBAGE AND TRASH," BY PROVIDiTGG FOR NEW DEFINITIONS,- PROVIDING FOR NEW. a REGULATIONS CONCERNING THE DISPOSAL OF TRASH; 7 CREATING NEW ENFORCEMENT- AND ADMINISTRATIVE l FEES; MORE PARTICULARLYBY.AMENDING SECTIONS , 22-1 THROUGH 22-6, 22-8, 22-9 AND. 22-12, 22-14, 22718; 22-46, 22-51• AND 22-93-OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 'ORDINANCE NO.'11704 AN ORDINANCE DEFINING'AND DESIGNATING THE. -."TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE •OF ' TAXATION; FIXING THE MILLAGE AND '_="•'LEVYING .TAXES IN THE.CITY. OF MIAMI, FLORIDA, FOR- THE FISCAL YEAR BEGINNING- OCTOBER 1, 1098 AND ENDING SEPTEMBER 30, 1999; CONTAINING A 'REPEALER PROVISION'AND A SEVERABILITY-CLAUSE;i PROVIDING FOR AND EFFECTIVE' DATE.: - ORDINANCE NO. ] 1705, AN =ORDINANCE, • WITH'. ATTACHMENT, MAKING AP-. ,PROPRIATIONS- FOR' --THE : FISCAL YEAR, ENDING,:..,... 'SEPTEMBER' 30, 1996; INCLUDING-. CAPITAL IMPROVE; , MENT APPROPRIATIONS; REPEALING PROVISIONS OF THE CAPITAL IMPROVEMENTS ORDINANCE AO. 11623; .- AS AMENDED, WHICH MIGHT BE IN CONFLICT' WITH THIS ORDINANCE; CONTAINING A ,RE_P.EALER 'PROVISION AND'A SEVERABILITY CLAUSE. ORDINANCE NO. 11706 AN ORDINANCE, WITH ATTACHMENT, RELATED TO, y' TAXATION DEFINING_ AND DESIGNATING .THE TER- RITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DiSTRICT OF THE CITY OF-MIAMI', -FLORIDA; FIXING THE a MILLAGE AND LEVYING TAXES IN, SAID DOWNTOWN DISTRICT FOR THE FISCAL YEAR BEGINNING .00TOBER 1; 1998 AND~ENDING SEPTEMBER-36,1999, AT; FIVE- -TENTHS- `(.5) MILLS ON THE DOLLAR OF NONEXEMPT. ASSESSED VALUE _ OF ALL REAL AND 'PERSONAL. PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID., MILLAGE AND' THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS -OF THE CITY- OF MIAMI- AS '. } l REFLECTED IN THE-CITY'S MILLAGE LEVY.ORDINANCE FOR `THE" AFORESAID FISCAL YEAR WHICH , IS REQUIRED BY CITY CHARTER, SECTION 27; PROVIDING THAT THE FIXING OF THE MILLAGE- AND THE LEVYING; OF'TAXES HEREW'SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS. ORDINANCE, SHALL NOT BE DEEMED AS REPEALING OR `AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND.IN . 1- ADDITION THERETO;' CONTAINING A REPEALER3:. PROVISION; SEVERABILITY CLAUSE AND PROVIDING" .a'. FOR AN EFFECTIVE DATE. _ t -ORDINANCE NO. 11707 AN,ORDINANCE MAKING APPROPRIATIONS FROM -THE DOWNTOWN -DEVELOPMENT DISTRICT AD VALOREM,: TAX LEVY AND •OTHER- MISCELLANEOUS INCOME FOR .THE DOWNTOWN -DEVELOPMENT, AUTHORITY OF THE. CITY OF MIAMI, FLORIDA, FOR. THE . FISCAL YEAR BEGINNING OCTOBER 1`,-1998 AND ENDING SEPTEMBERj 30,':199; THE DOWNTOWN ;DEVELOP -I MENT AUTHORITY' TO 'INVITE -AND ADVERTISE -.RE- QUIRED BIDS; PROVIDING • FOR BUDGETARY' FLEXIBILITY; PROVIDING THAT THIS• ORDINANCE. BE -.DEEMED SUPPLEMENTAL AND IN ADDITION TO; THE ORDINANCE :•MAKING APPROPRIATIONS FOR THE FISCAL. YEAR BEGINNING OCTOBER 1, 1998` AND, ENDING.:SEPTEMBER 301-1999 FOR THE OPERATIONS. j FOR -THE " CITY..OF MIAMI; CONTAINING A REPEALER_ ' • =: PROVISION; SEVERABILITY CLAUSE AND. PROVIDING' FOR AN EFFECTIVE DATE: f Said ordinances may be inspected,by the public at the Office of the i I iCity Clerk, 3500'Pan;American. Drive, Miami, Florida, Monday through; Friiiay, excluding'holidays, between the hours. of 8 a.m. and 5 p.m. > 00 ✓u c :7- ,v t � l 9DO ,.1 -r� • • 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 Octelma V. Ferbeyre, who on oath says that 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 Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE AMENDING CHAPTER 22 "GARBAGE AND TRASH" XXXXX inthe.............................................................................. Court, w;n�ublished in sa ggvspaper 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 year next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised any r irm or corporation any disc rebate, comm' r refu d for the purpose of sec ing this adverti or publ- ation in the said 4 die this- 9-8 19...... .................. r.. . �..,r '.---.......... -- -- (SEAL) t3Y pej, OF CIAL TARYSEAL OAP {, JANETT LLERENA Octelma V. F rbe�fflna-,Ily k% j % NUMBER CC566004 MY COMMISSION EXPIRES �iFO O� JUNE .23.2000 > r •w7 -,•, tea . > > f CITY OF-MIAMI; FLORIDA NOTICE OF PROPOSED.ORDINANCES Notice is hereby given that the City. Commission of the City of Mi- j ami Florida, will consider the following-orcin'ances on second and final; reading on September 14; 1998,_commencing..at�5'00 p.m - inittie`.Cityj Commission Chambers, 3500 Pan American Drive, Miami, Florida: I ORDINANCE NO., i - .( �. AN ORDINANCE MENDING T Q��OF THE CODE OF THE CITY MIAMI, FLORIDA, AS .AMENDED; ENTITLED: "GARBAGE AND TRASH '_BY PROVIDING FOR NEW DEFINITIONS; VIDING OR NEW REGU- LATIONS CONCERNING THE . DISPOSAL OF TRASH; CREATING NEW ENFORCEMENT AND ADMINISTRATIVE FEES; .MORE PARTICULARLY BY AMENDING SECTIONS 22-1 THROUGH 22-6, 22-8, 22-9 AND 22-12, 22-14, 22-18, 22146122-51 AND 22-93 ,OF,SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE: - ORDINANCE NO.. AN -.ORDINANCE AMENDING CHARTER 22, ARTICLE I, ' SECTION 22-12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,.AS AMENDED, ENTITLED: "WASTE FEES," BY EXEMPTING ` RESIDENTIAL CONDOMINIUMS, AND RESIDENTIAL CONDOMINIUM -ASSOCIATIONS AND CO- I OPERATIVES AND CO-OPERATIVE' ASSOCIATIONS FROM THE ASSESSMENT.OF..SUPPLEMENTAL WASTE - AS, SPECIFIED THEREIN;. CONTAINING A REPEALER PROVISION AND A SEVERABILITY.C_ LAUSE; PROVIDING FOR AN EFFECTIVE DATE. ' Said proposed ordinances may. be inspected by the public at the Of- fice of the City Clerk, 3500 Pan:American Drive, Miami, Florida, Mon - clay through Friday, excluding holidays,. between the hours of 8 'a.m. ' iand 5 p.m. All interested persons may appear at -the meeting'and may be heard with respect to the proposed ordinances. Should any person desire to; .appeal any decision of the City Commission with respect to any matter, to be considered at this meeting, that person shalLensure that a ver- batim record -of the proceedings is made inpluding all testimony and j evidence,upon which any appeal may be based. _ l i �tY oF"4 - WALTER J. FOEMAN CITY CLERK o v. q�EC4FL�Q�O - - (#4837) 9/4 - --- - -- J CIT E OF.MIAML FLORIDA ' NOTICE OF.;PROPOSED_ORDINANCES.; Notice is hereby given that the City Commission of the' City-.6 Mi ami, Florida, will consider the following ordinances on."second.and_final reading on 'September 28,..1 g96 commencing at 100` p m in.the City.. Commission Cfiambers 3500 Pan;Amencan Drive, Mia�m` i Florriidda: ;ORDINANCE NO:,! AWORDINANCE AMENDINGCHAPTEER 22 OF THE CODE OF ,THE CITY. OF • MIAMI, 'FLORIDA ',AS -:AMENDED, ENTITLED: ,� ,"GARBAGE= AND -TRASH BY =PROVIDDING FOR -'NEW : DEFINITIONS;... PROVIDING ' FOR ..NEW REGULATIONS. CONCERNING THE DISPOSAL OF TRASH = CREATINGNEWrENFORCEMENT•,AND ADMINISTRATIVE FEES, MORE PARTICULARL-Y,BY..AMENDING:SECTIONS ' MIAMI DAILY BUSINESS REVIEW 22=1-THROUGH 22s, 22-6, 229 AND E; C NTAI ING- 22-46 22-51; AND 22-93 OF.:SAI. -CODE; CONTAINING -A Published Daily except Saturday, Sunday and 'REPEALER PROVISION AND A SEVERABILITY CLAUSE: Legal Holidays H Miami, Dade County, Florida. ORDINANCE NO. ` r_ STATE OF FLORIDA AN ORDINANCE AMENDING' CHAPTER 2/ARTICLE II OF { COUNTY OF DADS: THE CODE, OF .THE CITY OF :MIAMI . ;FLORIDA . AS 1} AMENDED, ENTITLED ,eADMINISTRATION/MAYOR AND_ } Before the undersigned authority CITY COMMISSION -BY,_, ADDING LANGUAGE-. _.. g y personally appeared CLARIFY SECTION 4(g)(6) OF-kTHE,CHARTER OF ` THE Sookle Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business CITY OF MIAMI, FLORIDA,•AS AMENDED, AS IT RELATES Review f/k/a Miami Review, a daily (except Saturday, Sunday . TO THE, TIME.. WHEN.; THE. -REMOVAL OEr�THF GhTY - and Legal Holidays) newspaper, published at Miami in Dade MANAGER BY THE; MAYOR • WILLKTAKE EFFECT; MORE County, Florida; that the attached copy of advertisement, PARTICULARLY,BY ADDINGNEW-'SECTION 37 TO SAID being a Legal Advertisement of Notice in the matter of > CODE; CONTAINING A _REPEALER PROV ION AND to ' SEVERABILITY CLAUSE;: -AND -PROVIDING FOR t,AN CITY OF MIAMI EFFECTIVE DATE .' .r ORDINANCE AMENDING CHAPTER 22 T = 1 .,ORDINANCE NO , AN•ORDINANCE AMENDINGSECrTION 53981 OF THE f CODE OFTHE:CITY :OF MIAMI,�FLORIDA;, AS AMENDED, a, BY, CHANGING -THL,FEES€.CHARGED-FOR USE, OC- CUPANCY; AND ;SERVICES_ AT. THE CITY OF-j� IAMI/ XXXXX UNIVERSITY• OF MIAMIJAMES•L.:KNIGHT CONVENTION In the ......................................... Court, CENTER, ,;CONTAINING A REPEALER.' PROVISION w publis Q� ins a er In the Issues of SEVERABIL•ITY CLAUSE :AND PROVIDING FOR AN 2p �" �p P EFFECTIVE DATE E ~• -ORDINANCE NO: I i AN ORDINANCE AMENDING CHAPTER 42/ARTICLE V_OF 4_. THE, CODE -OF THE CITY, OF-MIAMI,•°FL61 10 : ASr 1 Affiant further says that the said Miami Daily Business 1 AMENDED, ENTITLED _ "POLICE/VEHICLE� IMPOUND Review Is a newspaper published at Miami In said Dade I r"=MENT,, _rBY P.,ROVIDING.i DEFINITIONS : REPEALING County, Florida, and that the said newspaper has heretofore !,'—THOSE`PROVISIONS RELATING TO;THE SEIZURE, AND been continuously published In said Dade County, Florida, IMPOUNDMENTOF;.VEHICLES FOR DRIVING`UNDER:THE } each day (except Saturday, Sunday and Legal Holidays) and `_INFLUENCE AND -<BY ;ADDING `-A NEW `.PROVISION ' has been entered as second class mail matter at the post I CONCERNING THE _DISPOSITION OF' .UNCLAIMED { office In Miami in said Dade County, Florida, for a period of HICLES' AND -ILLEGAL DUMPING : OF WASTE; .MORE one year next preceding the first publication of the attached RTICULARLY BY ADDING . -NEW. SECTION .42-120 -AND _ copy a vertlsement; and afflant further says that she has MENDING. SECTIONS , 42-121; _ 427122 AND 42-124;: nest r p d nor promised any person, firm or corporation CONTAINING -,A REPEALER 'PROVISION AND A SEVER any Isc nt, rebate, commission or refund for the purpose of cu g this adve ement for publication in the said ABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE,DATE `ter no er. I. + _ORDINANCE. NO. ' bi� AN ORDINANCE AMENDING CHAPTER 22, ARTICLE I SECTION 22-12 OF, THE CODE OF THE, CITY OF-MIAMI FLORIDA, AS AMENDED, ENTITLED: -"WASTE FEES," BY EXEMPTING , 'RESIDENTIAL CONDOMINIUMS,- . AND Sw rn to and s bscribed before me t6i I RESIDENTIAL CONDOMINIUM ASSOCIATIONS AND'CO } 18 gepember OPERATIVES ;.AND _CO:OPERATIVE ; ASSOCIATIONS ...... day of ......................... A.D. 19...... ;FROM THE ASSESSMENT, OF -SUPPLEMENTAL WASTE '.I AS SPECIFIED THEREIN; CONTAINING A' REPEALER ' c.... PROVISION AND A;SEVERABILITY CLAUSE, PROVIDING ... I ny p OFFICIAL NOTARY SEAL FOR AN EFFECTIVE DATE (SEAL) O1P (/0 �� CHERYL H HARMER ORDINANCE NO. I Sookle Williams personal) kno h U( n CCMMtSSION NUMBER AN ORDINANCE ' ENDING�SECTION 22-1 .11(f) 'OFTHE CC545384 CODE OFTHECITY OF MIAMI; FLORIDA, AS AMENDED =? yf`• f MY COlAMIION EXPIRES INCREASING THE ADMINISTRATIVE 'FEE; TO TWENTY `cPERCENT, OF: THE ACTUAL EXPENSES INCURRED BY OF F1rOC APR. 12,2000• r . II THE ;CITY WHEN CORRECTIVE ACTION IS; TAKEN' TO. I REMEDY,;A VIOLATIVE:' CONDITION ON'.A LOT :OR , PARCEL OF LAND; PROVIDING -FORA _REPEALER PRO- ':.V18ION.AND A SEVERABILITY CLAUSE :. _'ORDINANCE NO: AN _ ORDINANCE -AMENDING CHAPTER 2, ` ARTICLE _ IV . DIVISION 12, OF• THE .CODE' OF: THE CITY �OF MIAMI, j FLORIDA, AS AMENDED;, ENTITLED -'-ADMINISTRATION, - DEPARTMENTS_, _ MANAGEMENT` AND ".BUDGET, _nFpetaTutt=trr• rip THE r`-nn;:—oF•Ti-IF•CITY+6F. MIAMI