HomeMy WebLinkAboutAgenda Item Summary Form;,t"'A 1, AGENDA ITEM SUMMARY FORM
' Second Reading
it }q S
File ID: #13233
Date: 01/03/2023 Requesting Department: Commissioners
and Mayor
Commission Meeting Date: 02/09/2023 Sponsored By: Christine King
Type: Ordinance District Impacted:
Subject: Amend Code - Chapter 22 -
Illegal Dumping
Budget Impact Analysis
Item has NO budget impact
Legislative Division
Marta Gomez
Office of the City Attorney
Rachel Dooley
Office of Management and Budget
Miriam Arcia
Office of Management and Budget
Leon P Michel
Office of the City Attorney
Victoria M6ndez
City Commission
Nicole Ewan
City Commission
Maricarmen Lopez
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Reviewed By
Legislative Division Review
Completed
01/03/2023 9:02 PM
ACA Review
Completed
01/03/2023 9:15 PM
Budget Analyst Review
Skipped
01/03/2023 10:05 PM
Budget Review
Completed
01/03/2023 10:07 PM
Approved Form and Correctness
Completed
01/03/2023 10:56 PM
Meeting
Completed
01/12/2023 9:00 AM
Meeting
Completed
02/09/2023 9:00 AM
Signed by the Mayor
Completed
02/17/2023 12:51 PM
Signed and Attested by the City Clerk
Completed
02/17/2023 1:26 PM
Rendered
Completed
02/17/2023 1:27 PM
City of Miami File ID: 13233 (Revision:) Printed On: 212112023
City of Miami City Hall
3500 Pan American Drive
Legislation Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:14141
File Number: 13233
Final Action Date: 2/9/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 22/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "GARBAGE AND OTHER SOLID
WASTE/IN GENERAL," AND MORE SPECIFICALLY SECTION 22-93,
TITLED "ENFORCEMENT AND ADMINISTRATIVE FEES," TO PROVIDE
FOR EXEMPTIONS FOR RESIDENTIAL PROPERTY OWNERS WHO
ARE VICTIMS OF AN UNRELATED PARTY ILLEGAL DUMPING AND TO
ADJUST THE CITATION AMOUNTS AS ISSUED TO CONFORM WITH
FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, residential properties throughout the City of Miami ("City") have become
victims of illegal dumping by unrelated third parties; and
WHEREAS, while both the Solid Waste and Code Compliance Departments
("Compliance Departments") review cases where property owners claim to be the victims of
unrelated third party illegal dumping and proceed accordingly, as such processes are not
codified; and
WHEREAS, it would be helpful to codify the rights of property owners from those who
would violate Chapter 22 of the Code of the City of Miami, Florida, as amended ("City Code');
and
WHEREAS, while the City is working vigorously through its Compliance Departments to
stop illegal dumping in the City, it is also important to protect innocent property owners; and
WHEREAS, it is also vital that property owners contact the Compliance Departments to
start investigations into illegal dumping and to assist by putting up City "no dumping" signs for
these properties;
WHEREAS, Section 22-93 of the City Code also provides for the citation amount for
each violation of Chapter 22 and those fines should be adjusted to meet the maximum amounts
provided by Florida Statutes; and
WHEREAS, such changes are in the best interest of the residents and property owners
to continue to fight to curb illegal dumping while protecting the rights of property owners;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
City of Miami File ID: 13233 (Revision:) Printed On: 212112023
Section 2. Chapter 22 of the City Code is amended in the follow particulars:'
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
Sec. 22-93. - Enforcement and administrative fees.
(a) The director of solid waste, or designee, shall have the authority to initiate enforcement
proceedings, against any person, franchisee, firm, corporation or other legal entity who
has not strictly complied with the provisions of this chapter.
(1) If an inspector finds a violation of this chapter, a violation shall be issued
pursuant to section 2-814 and/or section 2-823 of this Code. Enforcement
pursuant to chapter 2 does not preclude enforcement pursuant to any other
means allowable by law.
(2) A non -franchisee roll-off/container shall be subject to seizure and
impoundment. Written notice of the department's intent to seize the roll-
off/container shall be posted to the roll-off/container which is subject to seizure
and impoundment. The department shall not seize any roll-off/container within
24 hours from the posting of the written notice. In addition to posting notice, the
department shall also provide written notice of such seizure and impoundment
to all persons or other legal entities who have a legal interest in the subject roll-
off/container by certified mail, return receipt requested, within 24 hours of
posting notice. The written notice shall include the following:
a. The name of the city department or division issuing such notice.
b. The date upon which the notice was issued.
C. The date that the notice was posted to the roll-off/container.
d. The section number of the City Code or ordinance that has been
violated.
e. Notice that the department will seize and impound the roll-off/container
in the event that the roll-off/container is not removed from the premises
within 24 hours from the date of the posting of the written notice.
Notice of the right to request a preliminary hearing, pursuant to section
22-94, to contest the seizure and impoundment of the roll-off/container.
g. Notice of the right to request a preliminary hearing, pursuant to section
22-94, to contest the seizure and impoundment of the roll-off/container
1 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.
City of Miami File ID: 13233 (Revision:) Printed On: 212112023
and immediately retrieve the roll-off/container from the department upon
the posting with the department a cash bond in the amount of $500.00,
plus costs incurred by the department.
Notice of the right to waive the preliminary hearing and immediately
retrieve the roll-off/container from the department upon the payment of a
$500.00 administrative penalty, plus costs incurred by the department.
Notice that the failure to request a preliminary hearing within ten days
after the notice was mailed shall constitute a waiver of the right to a
preliminary hearing pursuant to section 22-94.
A roll-off/container that has been seized and impounded, which has not been returned to the
owner or interested party by virtue of a preliminary hearing, final hearing, appeal, or payment
of an administrative penalty, shall become the property of the city.
(3) The department is authorized to seize and impound a roll-off/container, after
the 24-hour notification, in the event the department determines that said roll-
off/container constitutes a public nuisance and poses a health and safety
concern. Written notice of the department's action shall be posted at the site
where the roll-off/container was located. In addition to posting notice, the
department shall also provide written notice of such seizure and impoundment
to all persons, firms, corporations, or other legal entities, whom the department
knows, or with reasonable investigation should know, to have a legal interest in
the subject roll-off/container by certified mail, return receipt requested, within 24
hours of posting notice. The written notice shall include the following:
a. The name of the city department or division issuing such notice.
b. The date upon which the notice was issued.
C. The date that the notice was posted at the location where the roll-
off/container was found.
d. The section number of the City Code or ordinance that has been
violated.
e. Notice of the right to request a hearing, pursuant to section 22-94, to
contest the seizure and impoundment of the roll-off/container.
Notice of the right to request a hearing, pursuant to section 22-94, to
contest the seizure and impoundment of the roll-off/container and
immediately retrieve the roll-off/container from the department upon the
posting with the department a cash bond in the amount of $500.00, plus
costs incurred by the department.
g. Notice of the right to waive the hearing and immediately retrieve the roll-
off/container from the department upon the payment of a $500.00 fine,
plus costs incurred by the department.
Notice that the failure to request a hearing within ten days after the
notice was mailed shall constitute a waiver of the right to a preliminary
hearing pursuant to section 22-94.
City of Miami File ID: 13233 (Revision:) Printed On: 212112023
A roll-off/container that has been seized and impounded, which has not been returned to the
owner or interested party by virtue of a preliminary hearing, final hearing, appeal, or payment
of an administrative penalty, shall become the property of the city.
(b) Appointment and qualifications of sanitation inspectors, powers and duties.
(1) The city manager is hereby authorized to designate and appoint, as sanitation
inspectors, certain city employee(s), normally trained and assigned to
inspection functions for the purpose of enforcing this chapter and the rules and
regulations pertaining thereto.
(2) Sanitation inspectors shall have the following qualifications:
a. A high school diploma or its equivalent.
b. Satisfactory completion of a course of at least 40 hours' duration
pertaining to the duties of sanitation inspectors, which course shall be jointly given by
the directors of the city police department, department of general services
administration, department of resilience and public works, law department and other
relevant departments.
C. Approval and certification by the city police chief as persons of good
moral character and standing in the community suited by temperament
and learning to be sanitation inspectors of the city.
(3) Sanitation inspectors shall, while on duty:
a. Issue notices of noncompliance and perform such other acts pursuant
to section 22-5(b) for enforcement of this chapter.
b. Perform such additional duties as may be prescribed by ordinance or by
administrative orders, regulations and directives as may be issued by
the city manager.
(4) Sanitation inspectors shall be identified either by special uniform or badge or
both. Sanitation inspectors shall not carry firearms.
(c) Obstructing sanitation inspector in the performance of duties.
(1) Whoever opposes, obstructs, or resists the sanitation inspector or other person
authorized by the sanitation inspector, in the discharge of his or her duty, as
provided in this section, shall be guilty of a violation of this chapter, and, upon
conviction thereof, shall be punished as provided in section 1-13.
(2) Sanitation inspectors shall notify the city police department immediately when
in their judgment an arrest or forcible restraint becomes the appropriate
response to a situation.
(d) Civil penalties assessed pursuant to this article are due and payable to the city on the
last day of the period allowed for the filing of an administrative hearing before a
hearing officer, or if proper appeal is made, when the appeal has been finally decided
adversely to the named violator. The amount of such penalty assessed shall constitute
and is hereby imposed as a lien against the subject property with equal rank and
City of Miami File ID: 13233 (Revision:) Printed On: 212112023
dignity of any other special assessment liens. Penalties for violations of the provisions
of this article shall be assessed in accordance with the minimum administrative fee
schedule as set forth below:
EXPAND
Acts/Conditions of
Noncompliance
Fee
1stoffense:
$262.50
2nd offense:
52-500.00
4F4-&#ease:
i'959.99
Each additional offense:
1,050.00
Container(s), Garbage/Trash/Industrial/other waste placed on public rights -of -way (Residential 1st offense, tag; 2nd offense, tag and
warning; 3rd offense, Fine). Commercial 1st offense, $262.50; 2nd offense and thereafter, $525.00.
262.50
Residential and/or commercial dumpster(s) not kept in approved garbage enclosure
158.00
Failure of commercial property to have adequate Solid Waste contract for service, 1st offense, $262.50; 2nd offense and thereafter,
$525.00.
262.50
Failure of Commercial Hauler/Solid Waste of intent to discontinue service, 1st offense, $75.00; 2nd offense, $150.00; 3rd offense,
$250.00.
75.00
Commercial container violation (construction, placement, accessibility, not screened from public view) 1st offense, $75.00; 2nd offense,
$150.00; any additional offenses, $300.00.
75.00
Failure to remove raw or processed organic waste matter from food service establishment, 1st offense, $262.50; 2nd offense and
thereafter, $525.00.
262.50
Failure to maintain property/adjoining public areas, easements, alleys free of industrial Bulky Waste, Garbage, Trash or other waste, or
failure to mow grass to curbside (residential, $75.00), commercial 1st offense, $75.00; 2nd offense, $150.00; 3rd offense, $250.00.
75.00
Failure to properly mark container
52.50
Disposal of trash or other waste materials placed in right-of-way at other than authorized time
79.00
Illegal dumping by a person or business
52-500.00
Littering
52-500.00
Illegal dumping from any commercial vehicle
4-9500.00
Illegal dumping of waste tires(per tire
4-8500.00
Unauthorized bulky waste on right-of-way
79.00
City of Miami File ID: 13233 (Revision:) Printed On: 212112023
Acts/Conditions of
Noncompliance
Fee
Garbage not containerized
79.00
Sunken containers in ground of property
105.00
Operating a Commercial Solid Waste vehicle without a valid registration
262.50
All other Chapter 22 violations, 1 st offense, $262.50; 2nd offense, $525.00; 3rd offense, $1,050.00.
262.50
Failure of franchisee to remove container(s) from discontinued accounts
79.00
Failure of commercial property to have sufficient service, 1st offense, $262.50; 2nd offense, $525.00.
262.50
Engaging in commercial solid waste collection without city Franchise Agreement, 4� each offense, $4,9400.00; 2Rd 9#9RGe $4 599 99i
and all equipment subject to seizure and impoundment procedures as set forth in Section 22-93
4-g500.00
Failure of commercial Solid Waste hauler to properly identify equipment/container, 1st offense, $262.50; 2nd offense, $525.00.
262.50
Failure of commercial Solid Waste hauler to provide Recycling program, 1 st offense, $262.50; 2nd offense, $525.00; 3rd offense,
$1,050.00.
262.50
Failure of property owner to provide Recycling program, 1st offense, $262.50; 2nd offense, $525.00; 3rd offense, $1,050.00.
262.50
(e) If the owner, agent, or occupant of any property within the city shall fail to comply with
any determination of the city manager, or his/her designee, the director shall cause
such work to be done and shall keep an accurate accounting of the costs thereof,
whereupon the amount of such costs and the interest thereon shall constitute and is
hereby imposed as a lien against the subject property with equal rank and dignity of
any other special assessment liens. An aggrieved party may appeal both the fees and
costs imposed under this section to a court of competent jurisdiction in accordance
with the Florida Rules of Appellate Procedure.
(f) Failure by an occupant of any commercial property other than multifamily residential
property to comply with the regulations set forth in this chapter shall cause the city to
revoke the certificate of use and local business tax receipt for said business.
(g) In addition to any other remedies provided by this chapter or any other city ordinance,
the director and the director of the department of resilience and 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:
(1) They may institute a civil action in a court of competent jurisdiction to establish
liability and to recover damage for any costs incurred by the city in conjunction
with the abatement of any condition prohibited by the provisions of this chapter.
City of Miami File ID: 13233 (Revision:) Printed On: 212112023
(2) They may institute a civil action in a court of competent jurisdiction to seek
injunctive relief to enforce compliance with the terms of this chapter or any rule
or regulation promulgated hereunder, to enjoin and prohibit said violation or to
compel the performance of actions which will result in compliance with the
terms of this chapter.
(h) 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.
(i) The City may enforce Aall violations of this chapter may be hre nh+ before the code
enforcement board or may be pFGseQ ,,+o,- OR the 1n+„ 1 through any other legal
remedy available at law.
Exemption for Residential Properties (Transect Zones T3, T4R, T5R and T6R): Any
property owner who has been cited pursuant to this Chapter shall have their citation
voided if the followina criteria are met:
Proof of complaint to 311 or their City Commissioner District Office at the time
the illegal dumping became known, with photographic or other evidence if
possible; and
A review by the Director of the City Department who issued the citation, or their
Designee, which determines that the property in question was the site of illegal
dumping by a party unrelated to the property owner.
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 shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
&�na City Attvr ey 1/312023
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the
date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon
override of the veto by the City Commission or upon the effective date stated herein, whichever is later.
City of Miami File ID: 13233 (Revision:) Printed On: 212112023