HomeMy WebLinkAboutO-11352J-96-85
4/2/96
ORDINANCE NO. 11352
AN ORDINANCE AMENDING CHAPTER 22 ENTITLEDS
"GARBAGE AND TRASH", OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING
FOR NEW DEFINITIONS; SETTING FORTH NEW AREAS
OF RESPONSIBILITY FOR THE NEIGHBORHOOD
ENHANCEMENT TEAM (NET) SERVICE CENTERS
PREVIOUSLY HELD BY THE DIRECTOR OF THE
DEPARTMENT OF SOLID WASTE; PROVIDING FOR NEW
REGULATIONS CONCERNING THE DISPOSAL OF WASTE
BY COMMERCIAL AND FOOD SERVICE
ESTABLISHMENTS; SETTING FORTH NEW STANDARDS
CONCERNING THE LOCATION AND APPEARANCE OF
GARBAGE AND/OR TRASH CONTAINERS; ADDING NEW
REGULATIONS FOR PROPERTY OWNERS AND
OCCUPANTS OF IMPROVED AND UNIMPROVED
PROPERTY; SETTING NEW AREAS OF
RESPONSIBILITY OF PERSONS OTHER THAN OWNERS
OF PREMISES FOR VIOLATIONS AND FOR
NONCOMPLIANCE; CREATING NEW ENFORCEMENT AND
ADMINISTRATIVE FEES; MORE PARTICULARLY BY
AMENDING SECTIONS 22-1, 22-2, 22-5, 22-9 AND
22-32 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: l/
"Sec. 22-1. Definitions.
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.
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(h) Curbside. The area between the sidewalk and
the street edge or in areas without sidewalks, the area
between the edge of the traveled portion of any public
or private street and the property line.
(hi) Department. The word "department" shall mean
the department of solid waste, except as otherwise
stated.
(}i) Director. The word "director" shall mean
the director of the department of solid waste, except
as otherwise noted.
(�k) Dumping. Dumping means to throw, discard,
place, deposit or bury any litter and/or refuse except
where permitted.
(#1) Dumpster. An approved metal container
on wheels with a tight -fitting solid top and a minimum
capacity of one (1) cubic yard or two hundred two (202)
gallons.
(-III1) Garbage. The word "garbage" shall mean every
refuse accumulation of animal, fruit or vegetable
matter that attends the preparation, use, cooking and
dealing in, or storage of edibles, and any other
matter, of any nature whatsoever, which is subject to
decay, putrefaction and the generation of noxious or
offensive gases or odors, or which, during or after
decay, may serve as breeding or feeding material for
flies or other germ -carrying insects.
(fftn) 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 twenty (20) gallons and not to
exceed thirty-two (32) gallons, having at least two (2)
handles upon the sides thereof, sufficiently strong for
workmen to empty conveniently, or a bail by which it
may be lifted, and a tight -filling 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.
(no) Garden trash. All accumulations of lawn,
grass, or shrubbery cuttings or clippings and leaf
rakings, free of dirt, rock, large branches and bulky
or noncombustible materials which can be containerized.
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(ep) Hazardous waste. The words "hazardous waste"
shall mean solid waste, or a combination of solid
wastes, which because of its quantity, concentration,
or physical, chemical or infections characteristics may
cause, or significantly contribute to, an increase in
mortality or an increase in serious irreversible or
incapacitating reversible illness or may pose a
substantial present or potential hazard to human health
or the environment when improperly transported,
disposed of, stored, treated or otherwise managed.
(pg) Industrial wastes. The words "industrial
wastes" shall mean the waste products of canneries,
slaughterhouses or packing plants, condemned food
products, wastes and debris from brick, concrete block,
roofing shingle or tile plants, debris and wastes
accumulated from land clearing, excavating, building,
rebuilding and altering of buildings, structures,
roads, streets, sidewalks, or parkways, and any waste
materials which, because of their volume or nature, do
not lend themselves to collection and incineration
commingled with ordinary garbage and trash, or which,
because of their nature or surrounding circumstances,
should be, for reasons of safety or health disposed of
more often than the city collection service schedule
provided for in this chapter.
(elr) Landscape firm. Landscape architects,
landscape contractors, landscape maintenance firms and
all others doing work similar to that performed by
landscape architects, landscape contractors and
landscape maintenance firms doing business within the
city.
(ems) Litter. The word "litter" shall mean any
form of uncontainerized solid waste, including but not
limited to, any garbage, cans, bottles, containers,
trash, refuse and papers.
OBt) Mini -dump. The words "mini -dump" shall mean
a disposal site, maintained by the department, where
householders of the city may deposit garden trash and
tree and shrubbery trash.
(u) Mow. The word "mow" shall mean to cut down
grass or similar growth with a mechanical device such
as lawn mower.
(try) Noncombustible refuse. The words
"noncombustible refuse" shall mean refuse materials
that are unburnable at ordinary incinerator
temperatures (eight hundred (800) degrees to one
thousand eight hundred (1,800) degrees Fahrenheit) such
=cam
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as metals, mineral matter, large quantities of glass or
crockery, metal furniture, auto bodies or parts, and
other similar material or refuse not usual to
housekeeping or to the operation of stores of offices.
(ttw) Permittee. "Permittee" shall be defined as a
private hauling company that receives a permit from the
department of solid waste.
(max) Person. The word "person" shall mean an
individual, firm, partnership, corporation,
association, executor, administrator, trustee or other
legal entity, whether singular or plural, masculine or
feminine, public or private, as the context may
require.
(wy) Plastic bag. The words "plastic bag" shall
mean a polyethylene or other heavy-duty plastic bag
meeting the National Sanitation Foundation standard of
one and five tenths (1.5) mils and not exceeding a
thirty-two gallon capacity with a securing twist tie.
(3z) Portable container. The words "portable
container" shall mean dumpster, rollaway or other
similar container designed for mechanized collection.
Refuse. The word "refuse" shall mean any
garbage, garden trash, industrial waste, noncombustible
refuse, rubbish, waste, bulk waste, containerized waste
and/or solid waste.
(-!E�z.2) Residential unit. The words "residential
unit" shall mean any structure used, or constructed, or
modified or adopted for use, as a single-family
dwelling, duplex, cluster housing, townhouse or
multiple -family apartment building or other similar
structure containing four (4) or fewer residential
units, and which is located on a single lot, parcel or
tract of land. Each dwelling unit of a duplex, cluster
housing, townhouse, or multiple -family building or
other similar structure shall be deemed a separate
residence.
(z_3) Rooming houses; boarding houses. A rooming
house is a residential building used, or intended to be
used, as a place where sleeping or housekeeping
accommodations are furnished or provided for pay to
transient or permanent guests or tenants which does not
maintain a public dining room or cafe in the same
building, nor, in any building in connection therewith.
A boarding house is an establishment where
meals are regularly prepared and served for
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compensation for five (5) or more persons, and where
most of the food is placed upon the table family style
without service or ordering of individual portions from
a menu. Boarding houses may also provide lodging for
compensation.
The proprietor of a rooming house or boarding
house may receive or reject whom he wishes and usually
makes special oral or written contracts with each of
his lodgers concerning compensation and length of stay.
(aa) Rubbish. The word "rubbish" shall mean
refuse accumulation of paper, excelsior, rags
or wooden or paper boxes or containers,
sweepings and all other accumulations of a
nature other than garbage, which are usual to
housekeeping and to the operation of stores,
offices and other business places, and also
any bottles, cans or other containers which,
due to their ability to retain water may
serve as breeding places for mosquitoes or
other water breeding insects; rubbish shall
not include noncombustible refuse, as defined
above.
bb Screening. A landscaped area with shrubs
three (3) feet in height at time of plantinq
to form a continuous, unbroken solid buffer,
or a five (5'00") foot high fence or CBS wall
finished and painted on both sides to provide
a visual barrier.
(bbocC)Service unit. The words "service unit" shall
mean four (4) sleeping rooms or a fraction
thereof, where no cooking privileges are
provided, located in any commercial
establishment.
(ee�dd) Special handling trash. Accumulation of tree
branches, tree limbs, parts of trees, bushes
and shrubbery which are over three (3) inches
in diameter and not exceeding four (4) feet
in length, too large to be containerized or
bundled and tied, and including furniture,
refrigerators, stoves, mattresses and other
bulky waste items.
(doee)Solid waste. The words "solid waste" shall
mean garbage, rubbish, refuse, or other
discarded material, including solid, liquid,
semisolid, or contained gaseous material
resulting from domestic, industrial,
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commercial, mining, agricultural or
governmental operations.
(eeff) Solid waste disposal and resource recovery
facility. The words "solid waste disposal
and resource recovery facility" shall mean
any solid waste disposal area, volume
reduction plant, transfer station or other
facility, the purpose of which is resource
recovery or the disposal, recycling,
processing, transfer or storage of solid
waste.
(ctcr) Swale Area. The words "swale area" shall
mean the paved or unpaved area between the
edge of the sidewalk or property line and the
edge of the street.
(-f hh) Tree and shrubbery trash. Accumulation of
tree branches, tree limbs, parts of trees,
bushes and shrubbery which are up to three
(3) inches in diameter and do not exceed four
(4) feet in length, too large to be
containerized and requiring bundling and
tying."
Section 2. Section 22-2 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars:l/
"Sec. 22-2. Collection services, container usage,
condition and requirements for placement
location.
(a) Every commercial establishment shall utilize
the waste collection services of a licensed waste
hauler authorized to perform such services by the
director of the department. 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 establishment. Each residence or commercial
establishment in the city shall have a sufficient
number of garbage cans, plastic bags or portable
containers to accommodate all garbage, bundled garden
trash or rubbish to be removed by the city or other
approved contractors. All bundled garden 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 of the department of solid waste, in such a
manner as not to obstruct pedestrian passage. The
director of the department of solid waste may make
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1.1352
exceptions to these rules to accommodate disabled and
elderly persons.
Any private hauling company providing waste
collection services who will be discontinuing its
collection service to a commercial establishment shall
give the eliree- Neighborhood Enhancement Team (NET)
service center for the area where service will be
discontinued at least seven (7) business days prior
notice of its intention to discontinue such service.
The private hauler shall additionally mail to the
owner, occupant tenant or lessee of the commercial
establishment a notice that is discontinuing waste
collection services for that commercial establishment.
A duplicate copy of this notice shall be simultaneously
mailed by the private hauler to the 64:reer
Neighborhood Enhancement Team (NET) service center for
the area where such service will be discontinued. A
commercial establishment which does not have current
waste collection services being furnished will shall be
subject to having an administrative service fee imposed
pursuant to section 22-32 of this chapter..
(b) Garbage from single and duplex residences
shall be collected twice a week. Hours and days on
which containers are to be collected shall be as
prescribed by the director of the department of solid
waste. All food service establishments producing raw
or processed organic waste matter as a maior portion of
waste stream shall provide for the removal of such
material a minimum of three (3) times per week.
(c) The garbage or trash container site
(commercial and/or residential) shall be as follows:
(4) Be screened from any street, alley,
sidewalk or adiacent property. Such
screening shall be maintained in
perpetuity by the property owner.
(+5) Sunken containers * * * * * filled with
clean, solid fill.
(d) All new commercial establishments and/or
structures, as defined in this chapter, shall provide a
garbage and/or trash room as required and provided for
in Ordinance No. 9500 11000, the zoning ordinance of
the City. Any existing structure, legally established
but currently non -conforming with regard to Ordinance
No. 9509 11000, upon expansion of the existing
structure by twenty-five (25) percent or more of its
existing floor area, or its repair or renovation at
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11352
cost exceeding fifty (50) percent of its current value
as established in the assessment made by the 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 non-
conforming structure shall require such structure's
compliance with the requirements of this chapter prior
to the issuance of a certificate of use and/or
occupancy by the building and zoning department.
(f) The director or director's designee is hereby
required and granted full power and authority to
designate the location of containers and the number of
containers to be kept -in at each location.
Any waste containers which do not conform to
the provisions of this chapter or which contain other
defects likely to hamper the collection of or injure
the person collecting the contents thereof are illegal.
Such containers shall be promptly replaced by the owner
or user of the container upon receipt of written notice
of said defect. All containers shall contain
identification of the private hauling company providing
the service and must be clean kept closed, and free
of graffiti. At no time will the department service
any such illegal containers. Portable containers
declared a public nuisance or to be unserviceable with
no identifying marks visible to the sanita`-_code
enforcement inspectors shall be removed at the
discretion of the director.
Section 3. Section 22-5 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars:l/
"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 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
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11352
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
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 eenstvnpblen assessment of an administrative
fee.
(b) Whenever it is evident that there is a
violation of this section, the code
enforcement inspector shall do one or more of the
following:
Section 4. Section 22-9 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars:l/
"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, 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
11352
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 -water 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 5. Section 22-32 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars:i-
"Sec. 22-32. Enforcement and administrative fees.
(d) If the findings of the City Manager or his
designee indicate that an administrative service fee
shall be imposed upon the non -compliant person under
this chapter, said administrative service fee shall be
assessed in accordance with the minimum administrative
fee schedule as set forth below:
Acts/Conditions of Non-compliance Fee Section
(Subsection)
* * *
Failure of commercial establishment * * * * *
Failure to inform NET service center of
intent to discontinue service $ 50.00 22-2 a
Failure to screen container $ 50.00 22-2 b
Failure to remove raw or processed
organic waste matter from food
service establishment $75.00 22-2 b
Failure to maintain property,
sidewalk, alley. and/or public
right-of-way $ 50.00 22-5
22-9
Commercial container violation $ 50.00 22-2
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11352
Illegal dumping from a noncommercial V 00.00 22-11
flatbed tfuek piekup, ^ vehicle $250.00
Sunken containers $100.00 22-2(c)
(4)
All other violations $ 75.00 22
(f) Failure by an occupant of any commercial
property other than multi -family residential property
to comply with the regulations set forth in this
chapter shall cause the city to revoke the certificate
of use and occupational license for said business.
(frg) In addition to any other remedies provided by
this chapter or any other city ordinance, the director
and the director of the department of public works
shall have judicial remedies available to them for
violations of this chapter or any other lawful rule or
regulation promulgated hereunder as enumerated below
but not limited to:
(gh) These remedies are cumulative and the use of
any appropriate remedy shall not constitute an election
of remedies by the departments. The use of one remedy
shall not preclude the use of any others.
(I31) All violations of this chapter may be brought
before the code enforcement board or may be prosecuted
in the county court."
Section 6. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provision of
this Ordinance are hereby repealed.
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11352
Section 7. 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 8. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 2qth day of
febn4,rx , 1996.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th- day of Aprfl 1996.
ON
ST HEN P. CLARK, MAYOR
ATTEST:
TER J MAN
CITY CLERK
PREPARED AND APPROVED BY:
A/.I� /
GEORGE KV WYSONG, II
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
M QWKNN NHS, III
CITY TTO �yY
W102:GKW:RSS:ar
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1.1352
0.1,i#ij a 'ffltamt
WALTER J. FOEMAN
City Clerk
May 24, 1996
Alyce A. Whitson, Esq.
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. Whitson:
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11352 11353 11356 11361
Please, would you have the typographical error corrected on 1547 (aa) Rubbish,
seventh line 'offices"
If I can be of any further assistance, please do not hesitate to call.
Very truly you ,
U
Valerie Puyans
Deputy Clerk
Enc. a/s
CESAR H. ODIC)
City Manager
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
�1-tij of �t�tZY► .
WALTER J. FOEMAN
City Clerk
May 24, 1996
Office of the State Attorney
Attention: Rosemary Ricotta
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11352 11353 11356 11361
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Very truly yours,
Walter J. Foeman
City Clerk
BY:
Deputy er
RECEIVED BY:
DATE:
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
"TItba of 'ffltaxtit
WALTER J. FOEMAN
City Clerk
May 24, 1996
Mr. Louis Tomeo
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mr. Tomeo:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11352 11353 11356 11361
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Very truly yours,
Walter J. Foeman
City Clerk
BY:
Deputy Clerk
it
RECEIVED BY:
DATE:
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
H
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:The Honorable Mayor and
Members f the City Commission
FROM :
Cesar H. Odio
City Manager
RECOMMENDATION:
DATE : hnp 15
1996 FILE :
SUBJECT :C i ty Commission Approval
Ordinance Amending Code
Chapter 22
REFERENCES:
Agenda Item, City
ENCLOSURES Comm i s s ion Meeting of
It is respectfully recommended that the attached ordinance, as
revised, be passed on second reading amending the City Code, Section
22-1 - Definitions, 22-2 - Collection services, container usage,
condition and requirements for placement location, 22-5 - Duty to
dispose of trash and prevent accumulations, 22-9 - Responsibilities of
persons other than owners of premises for violation and for
noncompliance, and 22-32 - Enforcement and Administration fees.
BACKGROUND:
The attached ordinance, passed on first reading on February 29, 1996,
has been revised to address Commissioner Dawkins' request that Section
5(f) be changed to exclude multifamily residential properties. The
amended ordinance will provide for the following:
* Require private service haulers to notify the NET office when
service is discontinued.
* Require food service establishment to provide removal of raw or
processed organic waste matter, a minimum of 3 times a week.
* Require that the garbage or trash container site be screened
from the street, alley and adjacent property.
* Require that all containers identify waste hauling company
servicing property.
* Require property owners to maintain their property in a clean,
mowed and litter free manner, including sidewalk, grass strips,
swale area or right of way up to the edge of the pavement of
any public street.
* Require tenants of commercial property to be responsible for
the property they occupy.
Several meetings were held with the private hauling companies to
discuss these changes. The private hauling companies are already
notifying the NET office when service is discontinued.
Adoption of the proposed changes will provide for better enforcement
of Chapter 22. 1
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