HomeMy WebLinkAboutO-10440t'-88--406
5/19/88
ORDINANCE NO. _
AN EMERGENCY ORDINANCE AMENDING CHAPTER 22,
ENTITLED "GARBAGE AND TRASH", OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED TO
PROVIDE FOR: THE ISSUANCE OF A REGULATORY
PERMIT REQUIRED FOR ALL PERSONS ENGAGED IN
SOLID WASTE COLLECTION AND DISPOSAL IN THE
CITY, THE PAYMENT OF A REGULATORY PERMIT FEE,
THE SUBMISSION OF CERTAIN FINANCIAL
STATEMENTS AND DOCUMENTS, AND THE
AUTHORIZATION OF THE DIRECTOR OF THE SOLID
WASTE DEPARTMENT TO PROMULGATE RULES AND
REGULATIONS IN REGARD TO THE ISSUANCE AND
ADMINISTRATION OF SUCH PERMIT AND FEE; MORE
PARTICULARLY, BY AMENDING PARAGRAPH (1) AND
REPEALING PARAGRAPH (2) OF SUBSECTION (a) OF
SECTION 22-13, REPEALING SECTIONS 22-18.5 AND
22-18.7 IN THEIR ENTIRETY; AMENDING
SUBSECTIONS (g) AND (h) OF SECTION 22-18.1,
AMENDING SECTION 22-18.4, AMENDING SECTION
22-18 6, AND ADDING NEW SECTIONS 22 18.12 AND
22-18,13 TO SAID CHAPTER 22; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Section 22-13 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars:/
"Chapter 22
GARBAGE AND TRASH
Sec. 22-13. City collection of solid waste.
(a) (Generally. ]
(1) It is the function exclusively of the department
to collect and dispose of all waste in the city
except as authorizedby the director and/or by
The director shall have the power to
establish the type, frequency and amount of solid
waste collection service needed and to be rendered
to all areas ofthecity and to promulgate rules
and regulations not inconsistent herewith.'
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.
10440
J-88-406
5/19/88
ORDINANCE NO o�,►40-
AN EMERGENCY ORDINANCE AMENDING CHAPTER 22,
ENTITLED "GARBAGE AND TRASH", OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
PROVIDE FOR: THE ISSUANCE OF A REGULATORY
PERMIT REQUIRED FOR, ALL PERSONS ENGAGED IN
SOLID WASTE COLLECTION AND DISPOSAL IN THE
CITY, THE PAYMENT OF A REGULATORY PERMIT FEE,
THE SUBMISSION OF CERTAIN FINANCIAL
STATEMENTS AND DOCUMENTS, AND THE,
AUTHORIZATION OF THE DIRECTOR OF THE SOLID
WASTE DEPARTMENT TO PROMULGATE RULES AND
REGULATIONS IN REGARD TO THE ISSUANCE AND
ADMINISTRATION OF SUCH PERMIT AND FEE; MORE
PARTICULARLY, BY AMENDING PARAGRAPH (1) AND
REPEALING PARAGRAPH (2) OF SUBSECTION (a) OF
SECTION 22-13, REPEALING SECTIONS 22-18.5 AND
22-18.7 IN THEIR ENTIRETY; AMENDING
SUBSECTIONS (g) AND (h) OF SECTION 22-18.1,
AMENDING SECTION 22-18.4, AMENDING SECTION
22-18.6, AND ADDING NEW SECTIONS 22 18.12 AND
22-18.13 TO SAID CHAPTER 22; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1 Section 22-13 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars:I/
"Chapter 22
GARBAGE AND TRASH
Sec. 22-13. City collection of solid waste.
(a) [Generally. ]
(1) It is the function exclusively of the department
to collect and dispose of all waste in the city
except as authorized by the director and/or by
1Az- The .director shall have the power to
establish the type, frequency and amount of solid
waste collection service needed and to be rendered
to all areas of the city andtopromulgate rules
and regulations not inconsistent herewith.
/ 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.
to the putnt of beg±nntng.
(b) The director may authorize the collection of
solid waste by private collectors if it is a commercial
account as- such defined by this chapter or can tatas
. if
private collection is authorized, the contract with the
private 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
minimum size of containers being two (2) cubic yards
required for each four (4) units or on a prorata basis
with a minimum twice per week collection; two (2) true
and accurate copies of said contract shall be furnished
to the director. The container must be capable of
holding a minimum of one (1) 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
5' 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
(c) The director and the director's designated
representatives are assigned the responsibility for
enforcement of solid waste collection procedures
enumerated herein."
Section 2. Subsections (g) and (h) of Section 22-18.1 of
the Code of the City of Miami, Florida, as amended, are hereby
amended in the following particulars:Z/
?I/ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are new in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material.
1L0440
,_,:, :' rtr;n7 y `,�;r✓�;f it ''v�'r'$'fi;.,fM +
"Sec. 22-18.1 Application for regulatory permit.
Applications for a rem iatory permit shall be made
to the department upon such form and in such
manner as shall be prescribed by the director,
said form to elicit the following information and
to be acoompaniedby supporting documents and such
other information as may be required from the
department from time to time:
(g) Application form. Each application for a
permit shall be
hand:red seventy -stye dot VS toi.15 made on a
standard form promulgated by the director and
shall- include an affirmation that the applicant
will comply with this chanter in all respects
(h) The completed application shall be submitted to
the department. Upon receipt of a completed
application, the director or the director's
designated representative shall review said
application and, if satisfactory in all reports
respects. and af te.L payinent of Lequt.Led fees,
shall issue the required permit."
Section 3. Section 22-18.4 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars: 3/
"Sec. 22-18.4. Vehicle registration fees.
Each and every permittee shall pay in addition to
} the tntbtal appttcut fees; imposed by this article
an annual, vehicle 'registration fee which shall be in
the amount of twenty-five- dollars ($25.00) for each
vehicle shownon the list required to be submitted as
part of the application. This fee shall apply to
renewals of registration as well
Section 4. Section 22-18.5 of the Code of the City of
Miami, Florida, as amended, is hereby repealed in its entirety.
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 indioate omitted and unchanged
material,
IL0440
F,
Section 5. Section 22-18.6 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars:A/
"Sec 22-18.6 Renewal of permit.
A permit may be renewed from year to year by the
department. Any such renewal shall be subject to the
same terms and conditions applicable to the issuance of
the original permit except that the renewal: pernitt f
and 'payment -of vehicle
registration fees as set forth in section 22-18.4."
Section 6. Section 22-18.7 of the Code of the City of
Miami, Florida, as amended, is hereby repealed in its entirety.
Section 7. New Sections 22-18.12 and 22-18.13 are hereby
added to the Code of the City of Miami, Florida, as amended,
reading as follows:
"Sec. 22-18.12 Regulatory. permit fee requirement;
monthly regulatory permittee fee
payment; approval by director as a
prerequisite to issuance; financial
statements, list of accounts.
(a) Regulatory permit required - no person as
defined by this Chapter, shall engage in the business
of removing or disposing of garbage, trash, or waste
j
from any premises in the City or transport garbage,
trash or waste through the public rights -of -way of the
City without first having secured a regulatory permit
for such activities. All persons, shall be required to
obtain a regulatory permittee fee from the City in
order to engage in commercial solid waste collection
and disposal from any streets, public rights -of -way or
property in the city, without first having secured a
permit from the director for such activities after
payment to the city of a regulatory permittee fee of
six _percent of (6%) of the permittee`s total gross
monthly receipts. This fee shall be in addition to the
occupational permit tax ordinance of the City. The
term "gross receipts" for purposes of this chapter is
defined to mean the entire amount of the fees collected
by the permittees, exclusive of State of Florida sales
taxes provided by law to any person, as defined by this
chapter, within the City for garbage, hazardous,
industrial or solid waste, trash, litter, refuse and/or
rubbish collection, removal and disposal, within the
City.
/ Words and/or figures strioXen through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged, Asterists indioate Omitted and unchanged
material.
f10440
The permittee shall, on or before the last day of
each month, deliver to the City finance department a
true and correct statement of gross receipts generated
during the previous month from its' services rendered
within the City on or before the last day of each
month. payments of said fee shall be made on a monthly
basis to the City finance department, on or before the
Last day of each month, representing gross receipts
collected the previous month. The permittee shall on
or before thirty days following the close of each
fiscal year deliver to.the director a statement of its'
annual gross receipts generated from accounts within
the City prepared by an independent certified public
accountant reflecting gross receipts within the City
for the preceding fiscal. year. The permittees will
allow city auditors during regular business hours after
reasonable notice, to audit, inspect and examine the
permittees fiscal books and records, and tax returns
insofar as they relate to city accounts, to confirm the
permittees compliance with this section. In the event
the permittee fails to pay the full six percent (6%) of
the permittee's total monthly gross receipts, the fee
shall bear interest at the rate of one per cent (1%)
per month on the outstanding balance until paid and
additionally shall have to pay all expenses of
collection, including court costs and reasonable
attorneys fees.
In order to effectively provide for the collection
of said regulatory fee by the permittees to the city
any person seeking to renew their annual occupational
license pursuant to the provisions of Chapter 31 of
this Code shall in addition to the requirements set
forth herein, provide the City Finance Department with
evidence of all fees imposed by the provisions of this
Chapter as'a condition to reissuance or renewal of said
business permit.
Issuance of •a permit shall require completion of
an application- form for the permit referenced in
Section 22-18.1 of this Chapter.
The director is authorized to suspend, revoke, or
cancel any such permit for failure to comply with any
of the "terms hereof, in accordance with the same
practice and procedure as is set forth in
Section 22-18.2 of this Chapter; providing, however,
that the director shall afford an existing permittee a -
written notice reasonably specifying the reason(s) for
the proposed revocation or suspension of an existing
permit and the permittee shall be afforded five (5)
business days to cure the non-compliance stated in such
notice.
Any decision of the director under the terms of
this section may be reviewed, upon written request of
the aggrieved permittee, made to the City Manager in
accordance with the same time period and procedure as
is set forth by Section 22-18.3, City Code.
Sec. 22-18.13. List of qualifications for permits;
term; non -transferability; rules
and regulations.
(a) After' June 1, 1988, the City of Miami shall
permit person(s) as defined by this chapter to provide
service to oommeroial establishments as set forth in
this artiol.e. The permits issued, however, shall not
limit the right to renew occupational licensesprior to
the effective date of this amendment and, further, will
-5-
}
IL04 0
not impair existing written contracts between a
permittee and that of a commercial establishment which
are in'full force and effect on the effective date
hereof and said contract does not exceed the effective
date of the permit.
Each permittee for the permittee shall submit, in
writing, a list of its qualifications. Each list of
qualifications shall include, as minimum qualifications
to be considered in the granting of such permit:
(i) Certification that the applicant has
satisfied all requirements of Chapter 22 of
the Code of the City of Miami.
(ii) Certification that the applicant has never
defaulted on any governmental franchises,
contracts, permits or bid awards.
(iii) Certification that no subsidiary affiliate,
or parent corporation or business entity of
the applicant already has, or has applied for
an existing permit. Permits will not be
issued to subsidiary, affiliate or parent
company of an existing permit.
(iv) Certification that the applicant is not and
will not be throughout the term that it has a
permit affiliated with as a parent subsidiary
by virtue of an interlocking directorate or
otherwise an affiliated entity of any
existing permittee or any applicant for a
permit under this article.
(b) Term.
Said permits shall be valid for a period of one
year from date of issuance and at the expiration or
earlier cancellation or revocation thereof, the
director may choose to accept applications for new
permits conditioned and limited as noticed above or, in
the alternative, renew the permit issued for an
additional one (1) year period. In deciding to issue
new permits and/or accepting applications from
-applicants for permits, the director will consider the
following factors:
(i) The permittees' full and faithful compliance
with the terms of this chapter;
(ii) The permittees and/or applicants who best
meet the qualifications established by this
section for the issuance of the permit; and
(iii) The current garbage, trash and waste disposal
needs of the city, including, without
limitation, population, demographic and
geographic needs.
(o) Non -Transferability.
The permits granted pursuant to this section shall
not be transferable by way of assignment, sale, pledge,
or other conveyance. Upon change of ownership,
including transference of a majority (51% or more) of
stow and/or partnership shares, of any company to whom
a permit has been issued, a new permit will be granted
by the director if the new owner satisfies the
requirements of this article.
s: 1L0440
The regulatory permitting provided for by this
article is to insure and facilitate a minimum standard
of municipal regulation`of commercial waste collection
within the City of Miami, to provide uniformity and
quality of service from the permits hereunder, and to
assure that the citizens of Miami have safe, efficient,
sanitary, permitted and qualified solid waste, garbage
and trash disposal. contractors."
Section 8. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 9. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance shall be held to be
invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 10. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami and upon the further grounds of the necessity to make
required and necessary pruchases and payments, and to generally
carry out the functions and duties of municipal affairs.
Section 11 The requirements of reading this Ordinance on
two separate days is hereby dispensed with by a vote of not'less
than four -fifths of the members of the Commission.
PASSED AND ADOPTED this 19th day of a 1988.
ATT XAVIER L. SUAAZt, MAYOR
MATW HIRAI
CITY CLERK
PREPARED AND APPROVED BY: APPROVED AS TO FORM AND
CORR CTNESS;
RAFAEL E. SUAR 2-RIVAS LUCIA A. POUGHERTY
ASSISTANT CITY ATTORNEY CITY ATTORNEY
RSR/wpo/pb/loss/k�31S .
_7-
u
IL04 C
R-
MIAMI REVIEW
Ptit�hc�7r, 1 Daily ?j7t rj ,!iintd}...0 � , ;y r,�t„
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami 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. 10440
In the ... . " X X X
Court,
was published in said newspaper in the issues of
May 26, 1988
Affiant further says that the said Miami 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
afffanl further says that she has neither paid nor promised any
_K person.4rm or corporation any discount, rebate. commission
or reh(n6 for the purpose of securing this advertisement for
publication in the said newspaper.
{t
LAW 0
Sw* to aiid sirtjsc0bed before me this
26 'w`-' *1 /;i
1
88
day of Mai A.D. 19
I Ja�a 4
ryorary PubJlcti-Sts of Flo a at Large
(SEAL) ~
My Commigs16, �xp rds J we -21, i991.
MR 114A Cimr �,F•
CITY OF MIAMI
bADIE COUNTY,19LORIDA
LEGAL NOTICE
All intetesterd persons will take notice that on the lgth day of May,
1988. the City Commission of Miami, Florida, adopted the following titled {
ordinances: _
ORDINANCE NO, 10438
AN EMERGENCY ORDINANCE AMENDING CHAPTER 54 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
THE ADDITION OF A NEW ARTICLE Vill, CHAPTER 54, TO _
PROVIDE THAT ANY PERSON OR FIRM SEEKING TO USE
PUBLIC RIGHTS -OF -WAY IN THE CITY FOR THE PLACEMENT
OF PATHWAYS IN CONNECTION WITH THE OPERATION OF A j
PRIVATE TELECOMMUNICATIONS SYSTEM SHALL BE
REQUIRED TO PAY A FEE TO THE CITY BASED ON THE ACTUAL'
LINEAR FEET OF PATHWAY AS A CONDITION TO SUCH
PLACEMENT OF THE PATHWAYS; FURTHER PROVIDING
DEFINITIONS; SETTING FORTH TERMS AND CONDITIONS IN
REGARD TO THE PERMIT TO BE ISSUED TO SAID PERSON OR
i FIRM; PROVIDING FOR POSTING OF BONDS AND SECURING
OF INSURANCE: REQUIRING COMPLIANCE WITH CERTAIN
STANDARDS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. 10436
AN EMERGENCY ORDINANCE ADOPTING A NEW SECTION 511
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TO ESTABLISH A TICKET SURCHARGE ON PAID ADMISSIONS
FOR EVENTS HELD IN CITY OF MIAMI PUBLIC FACILITIES AND
PARKS; FURTHER AMENDING SECTIONS 53.131(C), 53.135(A)
AND (B) OF SAID CODE BY DELETING REFERENCES TO "THE —
NATIONAL FOOTBALL LEAGUE" AND SUBSTITUTING THE TERM
"PROFESSIONAL FOOTBALL" WHEREAPPLICABLE;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
ORDINANCE N0. 10440
AN EMERGENCY ORDINANCE AMENDIN CHAPTER 22, _
ENTITLED "GARBAGE AND TRASH", OF THE CODE OF THE _
CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR:
THE ISSUANCE OF A REGULATORY PERMIT REQUIRED FOR
ALL PERSONS ENGAGED IN SOLID WASTE COLLECTION AND
DISPOSAL IN THE CITY, THE PAYMENT OF A"REGULATORY
PERMIT FEE, THE SUBMISSION OF CERTAIN FINANCIAL
STATEMENTS AND DOCUMENTS, AND THE AUTHORIZATION
OF THE DIRECTOR OF THE SOLID WASTE DEPARTMENT TO
PROMULGATE RULES AND REGULATIONS IN REGARD TO THE
ISSUANCE AND ADMINISTRATION OF SUCH PERMIT AND FEE;
MORE PARTICULARLY, BY AMENDING PARAGRAPH (1) AND
REPEALING PARAGRAPH (2) OF SUBSECTION (a) OF SECTION
22.13, REPEALING SECTIONS 22.18.5 AND 22.18.7 IN THEIR
ENTIRETY; AMENDING SUBSECTIONS (g) AND (h) OF SECTION
22.18.1, AMENDING SECTION 22.18.4. AMENDING SECTION
22-18.6, AND ADDING NEW SECTIONS 22 18.12 AND 22.18.13
TO SAID CHAPTER 22; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
ORDINANCE NO.10441
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO.9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA,BY CHANGING THE ZONING
CLASSIFICATION OF APPROXIMATELY 2785.2855 TIGERTAIL
AVENUE AND APPROXIMATELY 3241.3299 MARY STREET, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM
RG-2/5 GENERAL RESIDENTIAL WITH AN SPI.3 COCONUT
GROVE MAJOR STREETS OVERLAY DISTRICT TO RG-216
GENERAL RESIDENTIAL AND RETAINING THE SPI.3 OVERLAY ,
DISTRICT BY MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 46 OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO.9500 BY REFERENCE
AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; '
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Said ordinances may be inspected by the public at the Office of the
City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through
Friday, excluding holidays, between the hours of 8:00 A.M. and 5:00 P.M.
� aw
MATTY HIRAI
;.. CITY QLERK
CITY OF MIAMI, FLORIDA
(04969)
50 66.052653M