HomeMy WebLinkAboutO-101280148
ORDINANCE NO.
} ENTIRETY,
AN ORDINANCE REPEALING, IN ITS
CHAPTER 22, ENTITLED "GARBAGE AND TRASH OF
—` THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, EXCEPT FOR SECTION 22-12 OF SAID
CHAPTER, AND REPEALING SECTIONS 2�-S THROUGH
23-0 OF CHAPTER 25, ENTITLED "HEALTH OF
SAID CODE, AND SUBSTITUTING THEREFOR A NEW
CHAPTER 22 PROVIDING THEREBY FOR REGULATIONS
CONCERNING THE COLLECTION OF WASTE MATERIAL;
ESTABLIFEES AND
MEASURES FURTHERMENTF PREEMPTING TO THE FCITYMENT THE
WASTE COLLECTION FUNCTION IN THE ENTIRE CITY
EXCEPT AS OTHERWISE PERMITTED; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
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I FLORIDA:
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Section 1 Chapter 22, entitled "Garbage and Trash", of
the Code of the City of Miami, Florida, as amended, with, the
exception of Section 22-12 of said Chapter, is hereby repealed in
its entirety and a new Chapter 22 is hereby substituted, in its
place to read as follows:
"Chapter 22
GARBAGE AND TRASH
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ARTICLE I. In General.
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Sec. 22-1. Definitions.
For the purpose of this chapter, the definitions contained
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in this section shall apply unless otherwise specifically stated.
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(a) Bulky waste. The words "bulky waste" shall mean large items
of household refuse such as appliances, furniture, accumulations
from major tree cutbacks, large crates and like articles.
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j (b) Bundled garden trash. The words "bundled garden trash
shall mean refuse attending the care of lawns, shrubbery, vines
and trees that is capable of being gathered into bundles and tied
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Securely so that each bundle does not exceed three (3) feet i
length or weigh more than fifty (50) pounds,
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(c) Commercial establishmahts, The words "ccimercia�.
establishments" shall mean any hotel, Motel, rooming hctAse,
tourist court, trailer park, bungalow court, apartment building
with rental apartments, cooperative apartments, and/or multiple
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story condominium buildings 'With common means of ingress and
egress, and any other business or establishment of any nature or
kind whatsoever other than.& residential unit as defined in this
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section,
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(d) Containerized waste, The words ''containerized waste" shall
mean and include refuse, not to include garbage as defined
herein, which is placed in cans, plastic bags, and/or bulk
containers not exceeding three (3) feet in length or weighing
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more than fifty (50) pounds.
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(e) Construction and demolition debris means nonhazardous
material generally considered not to be water -soluble, -including
but not limited to steel, concrete, glass, brick, asphalt roofing
material or lumber from a construction or demolition project.
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Contamination of construction and demolition debris with any
amount of other types of solid waste will cause it to be
classified as other than construction and demolition debris.
(f) Construction dumpster or roll off. Approved open metal
container without wheels, with capacity up to 'forty (40) cubic
yards, used at construction sites for the purpose of removing
construction debris, which includes rock, metal and other
materials which are heavy in weight or substantial in size, used
in connection with a construction project.
(g) Reserved.
(h) Department. The word "department" shall mean the department
of solid waste, except as otherwise stated,
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ys �•y1p• ic.'y/rO /,'j� ,�j�j r O r'l shall mean the dilleotor of
The �fVr\i \i�y eV to�L
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the department of solid waste, except as otherwige noted,
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(j) Dumping, numping means to throw, discard, plae6, deposit or
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bury any litter and/or refuse except where permitted,
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(k) bumpster, An approved metal container on wheels with a
tight fitting solid top and a minimum capacity of one (1) cubic
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yard or two hundred two '(202) gallons
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(1) Garbage. The word "garbage" shall mean every refuse
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accumulation of animal, fruit or vegetable matter that attends
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the preparation, use; cooking and dealing in, or storage of
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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
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serve as breeding or feeding material for flies or other germ -
carrying insects.
(m) Garbage can. The words "garbage can" shall mean a
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galvanized metal, durable plastic or other suitable material
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container of the type commonly sold as a garbage can, including
wheeled containers', of a capacity not less than twenty (20)
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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
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lifted, and a tight -fitting 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
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prevent the free discharge of the contents. The container shall
be free of gagged or sharp edges.
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(n Garden trash. All atscumulatibn of I&M grass, or shrubbery
cuttings or Olippings and leaf takings, free of dirt, reoko large
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branches and 'bulky or noncombustible materials which can be
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Oontaiterized
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(a) Hazardous waste, The words "hazardous waste" shall mean
solid V&ate, or a combination of solid wastes, which because of
its quantity, concentration, or physical, chemical or infectious
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
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present or potential hazard to human health or the environment
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when improperly transported, disposed of, stored, treated or
otherwise managed:
(p) 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 the 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 Tend themselves to collection and
incineration commingled with ordinary garbage and trash, or
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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.
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(q) Landscape firm. Landscape architects, landscape
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contractors, landscape maintenance firms and all others doing
work similar to that performed by landscape architects, landscape
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contractors and landscape maintenance firms doing business within
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the city.
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(r) Litter, The word "litter" shall mean afly fOrm Of
uno6fttaineri2ed solid waste inoluding, but not limited thateto,
any garbage, cans, bottles, containers, trash, refuse and papers.
(s) 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
(t) noncombustible refuse. The words "noncombustible refuse"
shall mean refuse materials that are unburnable at ordinary
incinerator temperatures (800 degrees to 1,800degrees
Fahrenheit) such 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 or offices.
(u) Permittee. "Permittee" shall be defined as a private
hauling company that receives a permit from the department of
solid waste.
'(v) 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.
(w) 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 (1.8) mils
and not exceeding a thirty-two, gallon capacity with a securing
twist tie.
ice) Portable container, The words "portable container" shall
mean dumps,ter, rollaway or other similar container designed for
Mechanized oo1100tion.
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( ) Refuse, The word Il refuse l` shall: mean any garbage, garden
trash, industrial waste, nonoembustible refuse, rubbish, waste,
bulk Waste, containerized waste and/or solid waste.
(t) Residential unit. The words "residential unit" shall jean
any structure used, or constructed for use, as a single-family
dwelling, duplex, triplex, cluster house, townhouse or multiple
family apartment building containing six (6) or fewer residential
units, and which is located on a single lot, parcel or tract of
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land. Each dwelling unit of a duplex, triplex, cluster house,
townhouse or multiple family building shall be deemed'a separate
residence. For the purpose of this chapter, any structure
composed of privately owned, single-family housing units with
separate means of ingress and egress (such as condominiums) and
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containing two (2) or less stories shall be considered a
residential unit.
(aa) Rubbish. The word "rubbish" shall mean refuse accumulation
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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
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breeding insects; rubbish shall not include noncombustible
refuse, as defined above.
(bb) Service unit. The words "service unit" shall mean four (4)
sleeping rooms or a fraction thereof, where no cooking privileges
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are provided, located in any commercial establishment.
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(co) 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 exoeeding four (4) feet in length,
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too Large to be containerized or bundled and tied, and inoiuding
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furniture, refrigerators, stovoa , mattresses and other bulky
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(dd) Solid waste The words "solid waste" shall mean garbage,
rubbish, refuse, or other discarded material, including solid,
liquid, semisolid, or oontained gaseous material resulting from
domestic, industrial, commercial., mining, agricultural, or
governmental operations
(ee) 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
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resource recovery or the disposal, recycling, processing transfer
or storage of solid waste.
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('ff) Tree and shrubbery trash. Accumulation. of tree branches,
tree 'limbs, parts of trees, bushes and shrubbery which are up to
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three (3) inches in diameter and do- not exceed four (4) ' feet in
length, too large to be containerized and requiring bundling and
tying.
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Sec. 22-2. Collection services, container usage, condition
and requirements for placement location.
(a) Every commercial establishment shall utilize the waste
collection services of the city or that of a licensed waste
hauler authorized to perform such services by the director of the
department, Each residence or commercial establishment in the
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city shall have a sufficient number of garbage cans, plastic bags
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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 and containerized waste,
not tQ include garbage as defined herein, to be removed by the
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city shall. be placed at curbside it front of the property, f6r
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retd6val by the City as gohediiled by the director, in such a
manner as not to obstruct pedestrian passage; eRoept that
collections will be made from alleyways Where there is clear and
safe access for passage of heavy equipment. An ekception to this
rule is a handicapped person, per determination of the director,
(b) Garbage shall be collected twice a week, fours, days,and
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location during which containers are to be collected shall. -be as
prescribed by the director, except that all residential units
shall have garbage collected from the rear yards unless the
owners and/or residents thereof expressa preference for an
alternative pickup point, said pickup point tobesubject to
approval by the director:
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(c) The garbage or trash container site (commercial and/or
residential) shall be as follows:
(1) Situated in an easily accessible location for
collectors;
(2) Be a platform constructed of wood or concrete above
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ground level in the case of a commercial establishment; and
(3) Be constructed in such a manner as to discourage or
eliminate the possibility of rodents breeding under the platform.
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(4) Sunken containers are hereby declared to be hazardous
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to the health, welfare and safety of the residents of and
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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.
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(s) All - new commercial establishments and/or structures, as
defined in this ohapter, shall provide a garbage and/or trash
room as required and provided far in Ordinance No. 9500, the
zoning ordinance of the city, ,Any existing structure, legally
established but currently nonconforming with regard to Ordinance
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o upon expansion of the OXisting structure by twenty --five
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(95) percent or more of its ekistitg floor area, or its repair or
renovation at coatexceeding fifty (80) percent of its current
value as established in the assessment made by the Dade County
Property Apprai86rt shall be required to comply with the
requirements of this chapter; any series of repairs and/or
renovations during any five (5) 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 to the issuance of a
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certificate of use and/or occupancy by the building and zoning
department.
(e) At no time shall any garbage cans, dumpsters or any
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containers, whether such containers are 'approved or not approved,
be placed: (i) upon any street, alley, sidewalk, right-of-way or
(ii)'in any public area or upon any property used by the public
not owned or occupied by the person(s) placing such garbage cans,
dumpsters or containers.
(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 each
location.
Any waste containers which do not conform to the provisions
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of this chapter or which contain other defects likely to hamper
the collection of or injure the person collecting the contents
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thereofare illegal. Such containers shall be promptly replaced
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by the owner or user of the container upon the receipt of written
notice of said defeot. At no time will the department service
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any such illegal containers. Portable containers declared a
public nuisance or to be unserviceable with no identifying marks
visible _ to sanitation inspectors shall be removed at the
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discretion of the director.
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It shall be unlawful for and+ person to pl.aoe, or pause to be
placed, any unoontainerited waste at ourbeide, right-Ofyway or
street edge at an7 time oRdept as otherwl.se provided in this -
chapter.
Seo. 22-3, Accumulation of waste; proof,
The fact that any residential unit or any oommercial
establishment 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,
regardlessof duration, shall not authorize a refund or excuse
the nonpayment of any waste fee. Waste fees shall be chargeable
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on a pro rata basis on new residential units immediately
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following the 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.
Seca 22-4. Plans for waste storage on certain premises to be
approved before issuance of building permit.
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Before building permits may be issued for construction of
commercial establishments, 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
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ofoccupancy shall be issued for said premises until the director
has made a finding of compliance with the terms of this chapter.
Sec. 22-5. Duty to dispose of trash and prevent
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accumulations,
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(a) it shall be unlawful for the owner, manager, 000upant,
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lessee of , or other parson responsible for any lot, paroel, or
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tract of land on whi bh residential units or oommeroi &I
establishments are ideated 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
oomposting; 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 shall be responsible for keeping the area around-
container(s) in a clean and presentable condition as well as
keeping thesidewalk, side parkway and swale area and other
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public rights -of -way clear of all trash and litter. Failure to
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comply with the provisions of this section shall constitute a
violation of this ordinance; such failure may also serve as the
basis for imposition of an administrative service fee.
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(b) Whenever it is evident that there is a violation of this
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section, the sanitation inspector shall do one or more of the
followings
(1) Serve a notice of noncompliance, in a form prescribed
by the director and approved by the city commission, upon the
owner, manager, occupant, resident, lessee 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 notice shall specify a reasonable time, not to exceed twenty-
four (24) hours, in which the noncompliance shall be rectified or
stopped, commensurate with the circumstances. In the event said
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notice is not ocmplied with in the specified time the sanitation
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inspector may proceed with direct removal as outlined below.
(1) Cause a notice of noncompliance to be issued, in a
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fora prescribed by the director and approved by
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the city manager upon the owner xrarlager
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occupant, resident, lessee or other responsible
s person by personal service, certified maid., or by
Posting a copy in a oonspicuots place on the
premiseg where the nonoompliance 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
22-32 hereof, with said fee being assessable for
each day the noncompliance exists until the
condition or conditions resulting in such
noncompliance no longer exist.
(ii) Direct the department of solid waste to remove,
remedy or eliminate the noncompliance and charge
the property owner for a special collection
service in accordance with the provisions of this
chapter.
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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; declaredpublic
nuisance; presumption.
(a) Intent. 2t is the intent of the city commission of Miami,
Dade County, Florida, to prevent, in whatever way possible, the
abuse of the environment of the city through acts of any persons
that are generally classified under the headings of 'dumping and
"littering",which acts 1
h ch _ is severely burden the taxpayers of the city
and adverse. affect the attraQtivenese, public health saf t
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and welfare of the community for Its residents and visitors
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(b) The oity ,will provide sufficient litter containers to be
Plaoed in strategic looatjong throughout the oity, Vith special
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consideration to be given to high density population and heavily
traveled areas, to be used for the deposit Of litter by
pedestrians only and not by abutting store owners or vendors,
(o) prohibited aot(s). The following shall be unlawful:
(1) bumping 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 section 559
Florida Statutes, shall apply to all public rights -of -way within
the city.
(2) Dumping litter and/or refuse in or on any freshwater
lakes, canals, rivers or streamsortidalorcoastalwaters of
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the city.
(3) Dumping litter and/or refuse and burying waste in any
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manner or amount whatsoever on any private property, unless prior
written consent of the owner has been given, and such disposal
has been authorized via permitby the Dade County Health
Department provided said litter and/or refuse will not cause a
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public nuisance or bein'violation of any other state or local
laws or regulations.
(4) Sweeping, blowing by mechanical means or dumping litter
and/or refuse including stagnant water or dead animals into, upon
or along_ the drain, gutter, alley, lane, sidewalk, street or
va,oant lot, or in any public or private premises within the
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municipal limits of the city,
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(6 pausing, Maintaining, permitting or Allowing the
aoeumulation of any litter or refuse on any construction or
building site before, during- or after completion of said
construction or building. It shall be the c.utY of the owner, or -
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the owner's agent, of the property in question to make adequate
provision for the disposing of debris and litter and to have on
the construction or building site adequate faoilties for the
disposing of said litter and refuse and to make appropriate
arrangements for the collection thereof, Said arrangements
and/or methods for disposing litter and debris shall be approved
by the director prior to the issuance of a building permit,
(6) Disposing of the carcass of any dead animal, domestic
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or; otherwise, by the throwing, discarding, placing or depositing
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of said carcass in or on any of the locations noted in
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subsections (1) through (3) of this section.
(7) Discarding of garbage, fruit, or other matter subject
to putrefaction, rotting, or decay at mini. -dumps shall constitute
a violation of this ordinance. Mini -dumps are restricted to use
by residents of the city for the deposit of bulky waste from
residential properties. The method of transporting this waste
shall .be as prescribed in section 22 - 7 herein.
(8) Obstructing use of public facility, salvaging or
vandalism by any person on the premises at which mini -dumps are
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locatedconstitutes a violation of this ordinance."
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d It shall be unlawful for an owner, occupant, lessee,
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employee or other person from any commercial establishment to
dump or cause to be dumped any material whatsoever from such
commercial establishment at any mini -dumps,
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It shall be unlavrill for any person, firm, oorporaticn or
other legal entity to collect, remove or transport any solid
waste materials for compensation from any location or premises
within the city without first having been granted a permit by the -
department,
(f) Declared public nuisance. In addition to, and not in
limitation upon any enforcement action for violation of this
section, it is the intent of the city commission to declare the
dumping of Litter and/or refuse in the city, as'heren-before
described and prohibited, a public nuisance and to subject
violators of this section to the provisions of this ordinance
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calling for removal of such a public nuisance through notice,
hearing and a lien enforcement procedure if the city so chooses
to remedy the prohibited condition.
Any action taken pursuanttothis section in enforcing the
provisions of this ordinance shall be considered cumulative and
in addition to penalties and other remedies provided elsewhere in
this chapter.
(g) Applicability of state and county laws. In addition to, and
not in limitation of the provisions of this section, the
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provisions of Section 403.413, Florida Statutes, also known as
he "Florida Litter _Law," and Chapter -18 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 Chapter 948 Florida Statutes,
"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.
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Reo. 29-T, Hathod of tranaporting Wante
It shall be unlawful for any person to haul., convey, or
cause to be hauled or oonveyedi any solid waste inol.uding
discarded building matter or discarded furniture upon or along
public streets, roads or alleys except when the material
transported is adequately secured in such manner as to prevent
the material from falling or being blown from the transporting
vehioles. No person shall drive or move any vehicle or truck
within the city, the wheels or tires of which carry onto or
deposit in any street, alley or other public place, -mud, dirt,
sticky substances, waste or foreign matter or any kind. It shall`
be a violation of this ordinance for any person, firm or
corporation not holding a valid permit issued pursuant to the
provisions of Article II of this chapter to haul for hire any
garbage or rubbish as"defined herein within any area of the city.
Sec. 22-8. Manner of handling garbage and trash; placing
dangerous materials in waste containers
_prohibited.
Proper handling shall mean the following:
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(a') Garbage shall be drained of excess liquid and well wrapped
before being deposited in an approved container.-
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(b) All paper cartons and boxes shall be torn or broken down and
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flattened out by the depositor:
(o) All dangerous material such as broken glass, light bulbs,
razor blades, fluorescent tubes and all other hazardous material
likely to injury
shall be oonsidered as causing or cause personal
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to oolleotors and all such material shall be kept separate from
other garbage and trash and deposited in a cardboard container
and plaQsd alongside the approved oontainers.
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(d) It shall be a Violation of this ordinance to plane or Oause
to be placed in any regulation garbage or refuse oontainer for
collection any aoido emplosive material, inflatmable liquids, hot
ashes, tar, grease, chemicals, poisons or other ha2ardous,
infectious or any other dangerous or highly corrosive material of
any kind. The city will not be responsible for the oollection or
disposal of any such materials.
Sao. 22-9. Responsibility of persons other than owners of
premises for violations and for noncompliance.
(a) 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 ordinance. In every multiple dwelling
occupied by three (3) or more families, in which the owner does
not reside, there shall be a responsibleperson 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, sidewalks, and one-half
(1/2) of the alley or easement adjoining such dwelling are free
from garbage,' trash, litter, or any foreign material which
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oonstitute a violation of this ordinance.
Sec. 22-10. Operation of business where wind regularly carries
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solid waste into street;'fenoing requirements.
It shall be unlawful for the owner, tenant, or occupant of
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any parcel of land to operate or permit the operation of any
business upon such parcel. of Land when and where, by reason of
the +combined effect of the prevailing winds and the loaatiom,
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00hriguration, and site of the struotules thereon, solid warite
generated by the operation of the business or the customers or
patrons thereof is regularly driven, carried, or conveyed by such
winds in appreciable quantities into or upon any public street,
unless and until such owner, occupant, or tenant shall have
erected or caused to be erected on each boundary of such parce1
of land a -proper fence to retain such material with only such
openings for ingress and egress of a size and number as shall be
necessary.
Sec. 22-11, Dumping on public right-of-way.prohibited,
It shall be unlawful for any person to dump or cause to be dumped
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or place or cause to be placed any refuse or rubbish of any kind
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whatsoever 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, wheel barrow, noncommercial
flatbed; truck, van, car or any commercial vehicle.
The provisions of Section 339,- Florida Statutes,shall apply to
within the city.
all publicrights-of-way . w Y
Sec. 22-12. Waste Fee.:
(a) Commencing effective January 1, 1988, an annual fee of one
hundred sixty dollars ($160.00) is hereby assessed upon all
residential units as defined in Section'22-1, within the, city not
serviced by private sanitation companies, for the purpose of
defraying the cost of waste collection and disposal. One-half
(1/2) of said 'annual fee amount, eighty dollars ($80.00), shall
be due and collectible on the first day of January and the first
day of July, 1985, and on January 1- and 'July 1 of each succeeding
year,
(b) Commencing effective January 1, mo, an annual fee of
eighty dollars. ($80.00) is likewise hereby assessed against each
t
dwe11ing unit in an apartment building with three (3) or More
dwslling units therein, Line -half (1/2) of said fee, forty
dcllate ($40AO) shall be due and collectible on the first day of
January 1 and July 1 of each succeeding year, Said fee, as
stated in this subsection, is based on the collection of one (1)
standard container per collection per dwelling twice weekly.
(o) Commencing effective January 1,-1985, an annual fee of three
hundred ten dollars ($310.00) is likewise hereby assessed against
all businesses not using private sanitation services Said fee
shall be due and collectible on January 1, 1985, and on January 1
of each succeeding year. Said fee, as stated in this subsection,
is based on the collection of four (4) standard containers per
collection per establishment twice weekly.
(d) All fees billed shall be due and collectible upon receipt
The fact that any residential unit or any commercial
i
establishment Located in the city is occupied shall be prima
facie evidence that garbage ,and other refuse is being accumulated
i
or produced upon such premises and temporary vacancy shall not
authorize a refund or excuse the nonpayment of the waste fee.
,a
Sec. 22-12 1. Emergency powers of the director.
1
The director, with the concurrence of the city manager,
shall have the authority to suspend modify or expand services
provided by the department, as enumerated herein, in such
emergency circumstances as national disasters, civil disorders or
other circumstances as directed by the city manager.
Sec. 22-13 City collection ofsolidwaste.
(a) 1. it is the function exclusively of the ,department to
f all waste in the city except as authorized
a
collect and dispose o_ s_ Y p
by the director,
The director shall have the power to establish
A ` the type, frequency and amount of solid waste collection service
needed and to be rendered to all areas of the Wty and t4
promulgate rules and regulations not Inconsistent herewith..
A. Except as permitted by the direot6t when oitt� adrviO6
is not adequate or available, there shall be no 0011e0tion of
solid waste by private collectors in the central commercial
District (Can), said District being hereby defined for the
purposes of this section as follows:
Beginning at the intersection of Biscayne May
and the Miami giver and following the Miami River
in a westerly direction to the easterly right -of-
way line of Interstate Highway 95, and thence
northerly along said right-of-way line of
Interstate Highway 95 to the centerline of
Northwest 5th Street, and thence easterly along
said centerline of Northwest and Northeast 5th
Street, as projected, to the westerly shoreline of
a,
Biscayne Bay, and thence along the westerly
shoreline of Biscayne Bay in a southerly direction
to the point of beginning.
(b) The director may authorize the collection of solid waste by
private collectors if it is a commercial account or contains
seven (7) or more contiguous residential units. 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; 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 ordinance. All containers
shall be screened from the direct view of the adjacent property
a
owner, The department reserves exclusively the right to collect
solid, waste from any city governmental facility, or any facility
t
oonstruoted or erected on city owned property, regArd7ess of
1eeation within the city,
101
r
(e) The director and the directWO designated rePresentativee
are aesi.gned the responsibility for enforcement of solid waste
6011e0tion procedures enumerated herein,
Seo. 22=14. Special Collections, fees, extra charges
(a) i. Special colleotions by the department of solid waste of
waste services not expressly provided for in this ordinance may
_
be performed upon payment of reasonable fees and pursuant to such
conditions as may be specified by the director, such fees to be
reviewed annually by the city commission.
ii. Whenever noncompliance of this ordinance occurs, which
necessitates the department to remove,rectify or remedy said
f
noncompliance, the fee for such services, as indicated in section
22-32, shall be assessed upon the person responsible for the
conditions which give rise to and cause the noncompliance.
(b) Refusal or delay in rendering payment for any special
collection performed as outlined in ;this chapter shall constitute
the basis for adding such unpaid charges to the regular waste fee
assessment accruing against the property where such special
=
collections are made, and are hereby imposed as special
=
assessment liens against the real property aforesaid, and until
fully paid and discharged, or barred by law, shall remain liens
equal in rank and dignity with the lien of ad 'valorem taxes and
superior in rank and dignity to all. other ..liens, encumbrances,
titles and claims in, to or against the real property involved,
and when delinquent shall bear interest and may be, enforced and
oolleoted together with reasonable attorney's fees for such
collection pursuant to the provisions of section 22-28 herein
when applicable.
(o) Free servi.oe There shall be no free service rendered by
the department for the oolleotlon, transportation, or disposal of
solid waste
10
�5\
(d) 0ovethmental agenoies, pot any premises owned, leased cr
000up ed by the thited Staten of America or any agency thereof,
the state of Florida, or any political subdivision th6reor,
including any body politic and corporate Created under the IWO
of the united States of America or of the State of Florida, the
city may enter into contracts, negotiated by the city manager and
approved by the city commission, with any such body or agency for
the collection, transportation and disposal of solid waste
prescribing rates and charges to be paid by such body or agency
in lieu of the rates herein prescribed; provided, however, that
the charges to be paid by such body or agency shall not be less
than an amount which is fair and equitable taking into account
the cost to the city of such collection, transportation and
disposal;
t,
Sec. 22-15. Private disposal of waste.
Any person may be issued a permit by the Dade County Health
Department to dispose of garbage or solid waste materials
accumulated upon his or her own premises by burial, provided that
such method meets all specifications of the director of the Dade'
County Health Department and evidence is presented of compliance
with zoning regulations, but such permit and the disposal thereby
authorized shall not relieve the owner or occupant of the
premises from payment of regular waste fees.
Sec. 22-16. Responsibility for removal of certain waste;
annual collection and disposal of furniture,
appliances, eto,
(a) Industrial waste,iazardous waste', and noncoanbustble waste
shall be disposed of in the manner and at such locations as are
prescribed by the director of the Dade County Public Worts
Department, Removal of industrial waste, hazardous wastes and
�22
'10128
nonoombustibie waste shall be the responsibility of the owner,
000upant, -operator or oontraotor oteating or oausing the
accumulation of such material, Upon approval of the director,
collection of the aforementioned waste may be undertaken by the
department at the expense of the owner, occupant, operator or '
contractor, provided that such collection and disposal does not
interfere with other waste collection operations. The department
shall not be responsible for collection or hauling discarded
building material, dirt or rock, nor shall it be responsible for
collection or hauling of trees, bushes or other vegetation out on
private property before a certificate of occupancy is issued,
except as otherwise provided for in this ordinance.
(b) Bulky waste shall not be permitted at curbsidel until
advance_ arrangements have been made with the department for its
removal.
r
Each residential property shall be entitled to four (4)
bulky waste: collections per calendar year as scheduled by the
department in; response to the property owner's request. The cost
of any additional bulky waste collections shall be charged to the
property from which the additional collection is made.
_
1
During the week of and prior to the scheduledcollection 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 at the street, road or alley.: Bulky waste shall
not be placed in any alley without the 'approval of the director.
t
"Curbside" means the area between the sidewalk and the
street edge, or in areas without aidewalks, the area between
the edge of the traveled portiQm of any public or, private
i
street and the property line.
'
2'3-^
j,
$
0 1
,.
The director shall: have full authority to designate the 160ation
or time of placement of trash other than as described in this
seotion, whenever unusual airoutstanoes arise or, in the
director's discretion, it is believed that additional, or
alternate areas or tunes are neeessa,ry.
Trash or bulky waste shall not be placed adjacent to or within
five (5) 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. Homeowners,
occupants, lessees or tenants of residences are encouraged to
take trash, refuse, bulky waste and foreign material (excluding-
garbage) to designated trash collection sites where the material
j
will be picked up on a regularly scheduled basis.
(c) All property owners or occupants serviced by the city shall
have two options for disposal of their garden trash and tree and
shrubbery trash. Owners or occupants of property may either
containerize garden trash or bundletree and shrubbery trash for
city collection or the owner or occupants may transportsame'
material to mini -dumps.
Material which is containerized or bundled shall be placed at
ourbside no sooner than the evening prior to the scheduled
collection day.
(d) City pickup procedures for garden trash or tree and
shrubbery trash:
(1) Garden trash as defined herein shall be placed into
garbage owns, plastic bags or other weatherproof containers
strong enough to support the weight of the material but not to
exceed fifty pounds, which are to be placed curbside for the city
i
to pIoX up on regular QQ1leoti on day.
- �.
(2) Tree and shrubbery trash as defined herein shall. be
tied in bundles With material etrong enough to support weight of
bundle, such bundle not to 6=6ed fifty pounds and to be left at
curbside for the City to pick up bn regular collection day,
(e) city pickup procedure for special handling trash:
Special handling trash as defined herein will be collected by the
department only from city -serviced garbage accounts scheduled on
a mutually agreed date with the account and in a000rdanoe with
paragraph (c) (4) below.
(f) Use of mini --dumps by property owners, occupants or landscape
firms:
(1) Mini -dumps are restricted to use by property owners or
occupants and their landscape firms doing business within the
city boundaries holding a city dumping permit.
(2)' Dumping of any material other than garden trash and
tree and shrubbery trash in city mini -dumps is prohibited.
(3) Loitering, salvaging and vandalism by any person at
mini -dumps is prohibited.
(4)- Special handling trash is prohibited from being dumped'
at mini -dumps. Special handling trash generated by property
owners or occupants will be scheduled for pickup by the
3
department of solid waste. Special handling trash generated by
landscapefirmsshall not be disposed of by such firm at a mini-
.e,
dump.
(5) Any single dumping of garden trash and tree and
i
shrubbery trash at a m1ni-dump' in excess of five (5) cubic yards
is prohibited.
(6) A dumping permit is required by any landscape firm
s-
utilizing mini -dumps. Application for dumping permit Is to be
0
made to the department, Decal. permits will be issued' free of
r;
charge on a quarterly basis., The decal permits shall be
-25-
cotj§pi.ouously of fimod to all vehiol6s used by 1&td96aP6 firma in
transpbrtitg trimmings and cuttings to i ini-yduffipa
banda6ape firma shall register quarterly with the department
for completion and updating of permit application' which will
require! Rumber of city accounts, identification of accounts,
average number of loads dumped per month and applicable
occupational license. Temporary one-time permits for dumping at
mini -dumps shall be issued to those firms doing occasional
business in the city, permits shall be revocable by the director
of solid waste for violations of ordinances and policies
governing mini --dump use. Penalties shall range from temporary to
permanent suspension of dumping privileges dependent on the
nature and frequency of violations.'
t
(7) Landscape firms are required to dispose of all garden
and related trash generated by them while doing business in the
city at an approved disposal or transfer site.
-
(g) It shall be unlawful for any person to place discarded
household furniture or furnishings, stoves, refrigerators and
like articles at any place visible from the street, on either
publicly or privately owned _property, at any time under any
conditions other than as set forth above.
d
Sec. 22-17. Reserved.
Article 11. Regulation of Persons Engaged in Commercial
Waste Collection.
Seo. 22-18. Engaging in business of solid waste oolleotion`and
disposal, issuance of permit to private solid
waste collectors.
No person, firm or corporation shall remove or transport any
,y
Solid waste material over the streets or public , rights -of -way of
{!
A
'1 0
the city or its real property for hire or salvage without first
applying for and receiving a permit from the department to parry
on su6h a business, The permit required by this seotiot shall be
in addition to any occupational license which otherwise may be
required by 1&V, A permit Vill not be granted to a commercial
establishment for the sole purpose of hauling the solid waste"
material of its•owrl tenants or 000upants.
Seo. 29-18.1. Application for permit.
Applications for a permit -shall be made to the department
I
upon such form and in such manner as shall be prescribed by the
k
direotor, said form to elicit the following information and to be
accompanied by supporting documents and such other information as
may be required by the department from time to time:
(a) Name of applicant. If the applicant is a partnership or
corporation, the name(s) and business address(es) of the
principal officers and stockholders and other persons having any
financial or controlling interest in the partnership or
-f
corporation. Provided, however, that if the corporation is a
publicly owned corporation having more than twenty-five (25)
shareholders, then only the names and 'business addresses of the
local managing officers shall be required.
(b) Character of applicant. The applicant for a permit under
a.
this section, if an individual, or in the case of a firm,
corporation, partnership, association or organization, any person
having any financial, controlling or managerial interest therein,
F
shall be of good moral character. In making such determination
the following information, which shall be submitted by applicant,
}
shall be considered;
(1) Penal history, if the applicant is an, Individual, a
record ;of all. convictions and the reasons therefor ebal be
'3
-27
provided by the appliewitr if the applicant is other that all
indiVidual o then the record. of &il oonvictiens and the reasons
therefor of the prinoipal controlling Officers of applicant shall
be provided, provided, however, that in the case of a publicly
held corporation having twenty-five (25) or trore shareholders,
then only the aforementioned information applicable to its local
managing officers shall be required.
(9) Fingerprints, The ' fingerprints of the persons`
mentioned in this subsection, a full set of which, for each of
such persons shall accompany the application. Such service may
f,
be obtained from the city police department.
(3) Business history. Whether such applicant has operated
x
a solid waste collection removal business in this or another
state under a franchise, permit or license and if so, where and
whether such franchise, permit or license has ever been revoked
or suspended and the reasons therefor.
s
s
(4) Existence of business entity. If applicant is a
r
corporation, applicant shall submit proof of incorporationin
good standing in the state of incorporation and, if a foreign
corporation, applicant shall provide information certifying that
—�
applicant is qualified to do business in the State of Florida.
If applicant is other than a corporation and is operating under a
fictitious name, applicant shall be required to submit
information that such fictitious name is registered and, held by
{
applicant.
y
(o) Equipment and method of operation, The applicant for a
permit shall possess equipment capable of providing safe and
efficient service. in making such a determination and approving
the method of operation for each applicant, the 'department shall
require the followipg information:
(S) The type number and e6mpl ate descriptibft of all
equiprftent to be used by the &ppIcant for providing ser°vicd
pursuant to this chapter,
(2) A statem6nt that applicant will use only cityand/or
county approved disposal sites for disposing of all garbage,
garden trash, industrial waste, and solid Waste material which
applicant collects and removes, except those sites which
heretofore have been approved by the State of Florida Department
71 of lEnvironmental Regulation.
3,
i
(3) The names of customers, the addresses of each location
served and schedule of rates of the company.
(d) Insurance requirements. The applicant for a permit shall
maintain insurance as specified herein and shall furnish a public
liability policy to the department and also file with the
department a certificate of insurance for the policy written in
the applicant's name. The certificate shall provide that the
policy contain an endorsement requiring that the department shall
be furnished with ten (10) days' noticebyregistered mail prior
to cancellation or material changes in the policies. The
applicant shall carry in the applicant's own name an automobile
liability insurance policy covering the applicant's operations'
K
with a combined single limit of $300,000 per occurrence- for
bodily injury and property damage liability.
(e) Liability of the city and the department. The above
insurance requirements shall not be construed as imposing upon
the city or the department' or any offioial or employee thereof
any liability or responsibility for injury to any person or
l; damage to any property by the insured, the insured's agents or
employees.
-29-
( ) Limitation tin hours off' operation, private waste 001166tion
operators iicensed by the city shall service their acocunte only
between the hours of 5 00 a,m. and 11:00 p.m.
(g) Application fee. Vaoh application shall be accompanied by a
fee of one hundred seventy-five dollars ($1Y5.00).
(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 respects, and after
payment of required .fees, shall issue the required permit.
d
Sec. 22-18.2. Denial of permit.
Should the director deny an application fora permit, the
applicant shall be notified of such denial by certified maid not
-
later than fourteen (14) days after the director takes such
action. The notice of denialshall contain a statement of the
reasons why the application was denied.
Sec 22-18.3. Appeal from departmental denial of permit, appeal
from 'revocation of permit.
(a); The denial or revocation of a permit by the director may be
appealed to the city manager or the city manager's designee. The
notice of appeal shall be filed in writing with the director no
later than fourteen (14) days after the receipt of the certified
letter advising applicant of the denial or revocation.
r
(b) The director shall fix the date and time for hearing the
'
appeal. Said hearing shall be held not less than fourteen (14)
nor more than sixty (60) days after receipt of the notice of
s'
appeal. The city manager or the city manager's designee shall
either affirm the decision of the director or direct the director
to issue or reinstate the permit
1 012
Sao. 22-18.4 . VOU01e regiatrati0f fees .
gaeh and every permitted shall pay, in addition to the initial
application fee, an annual vehicle registration fee which shall
be in the amount of twenty -=five dollars ($26.00) for each vehicle
shown on the list required to be submitted as part of the
application. This too shall apply to renewals of registration as -
well,
See. 22=18.8. Term of permit.
Each and every permit awarded pursuant to the provisions of
Article 11 herein shall be in existence for a period of one year
j
from the date of issuance.
See. 22-18.6. Renewal of permit.
k
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 permit- feeshall be fifty ($50.00) and
vehicle registration fee as set in section 22-18.4.
'f
,f
Sec. 22-18.7. Transfer of permit prohibited.
No permit for the collection of solid waste issued under the
provisions of this chapter; may be assigned or transferred. In
the event of any change in ownership and/or name of the
corporation or partnership, formal -notification shall be given
a-
the department within thirty (30) days thereof.
Sea. 22--18.8. Identification of equipment.
All equipment utilized to odlleot and transport solid waste in
the city must be oonspiouously marked on both sides of the
Automotive_ unit with the name of the hauler. city permit numbers
if a permitted haulier, vehiol.e number, tare weight and cubic yard
oapaoity, Identification information Must al.eo be narked din 611
trailer and. container units, All Markings must be in Letters and
numerals at least two (2) inches in height. -
Sec. g2-18,0, Information required of permittees,
At least annually, but not more frequently than quarterly as
determined by the director, .each permittee shall supply the
following information on a form and in the manner prescribed by -
the director:
(a) A listing, as of the reporting date', of the names and
'
addresses of customers, the addresses of each looation served,
a
and schedule of rates charged by the permittee.
(b) A summary of the number of cubic yards of solid waste
collected weekly based on scheduled service, as of the reporting
date, by United States Postal Service Zone Improvement Plan Code
(zip code) or other geographic subdivisions of the city as
determined by the director.
w
Sec. 22-18.10.- Change in rates.
Each permittee shall file any change in its schedule of
charges with the director in writing on a form prescribed by the
director prior to becoming effective:
Sec. 22-18.11. Disposal required at city and/or county approved
i
facilities.
Any and all solid waste material collected by a permittee
within the city shall -be disposed of only at the solid waste
disposal facilities provided, operated and designated or approved
by the department and/or the Dade County nblio Works Department
and at no other location or facility eXoept those which have
heretofore been approved by the state of Florida Department of
Environmental, Regulation,
�82
01903
(b) All permittees shall oomply with the provisions of this
ordinanoe and all implementing resolutions of the city commission.
The city shall use the reports required in this ordinance and =
other information available to determine compliance of permit
holders, -
See, 22-18.12. Reserved.
Sec. 22-1813. Reserved. -
Sec. 22-18.14. Revocation of permit.
The violation of any of the terms and Conditions of the City
of Miami Code, which endanger the public health, safety and
welfare or the violation of any of the terms and conditions of the
permit shallbe cause for revocation of a permit. The director
may revoke a permit for a violation or violations as
;4
aforementioned and may immediately declare such permit null and
void, and upon such declaration, permittee shall'' immediately cease
all operations and shall be considered to have forfeited said
permit and the rights acquired thereunder. Should the director
"=
decide to revoke a permit, he shall provide the permittee with
#
notice of such revocation and the reasons therefor. Upon receipt
s!
of such notice, the permittee may appeal said revocation to the
city manager or the city manager's designee and the appeal and
hearing thereon shall be conducted in accordance with the
4;
procedures set forth in section 22
Sec. 22-18.18. Procedure upon violation of sections 22--18
_);_
through 22-18.14.
Any violation of sections 22-18 through 22-1814 herein may
result in action taken by the director pursuant to section 22-32
i
herein and such action shall be cumulative in nature' and not the
exclusive action available to the director.
sea, 22-19-22=--22 , Reserved.
10128
Artiold 111, Enfor+oement ante Administration,
goo. 22- '3 . 'haste fees; implementation.
(a) it shall be the duty of the owner of each lot, tract or
parcel of land in the city having a residential unit or
commercial establishment situated thereon, except as may
otherwise be provided herein, to pay or cause to be paid the
waste fee or fees due for each residential unit or commercial.
establishment, as the case may be, as provided for in section
�I
22-12 and section 22-24 herein and failure on the part of such
owner to make such payment shall constitute a violation of this
ordinance,
(b) Each person, firm, corporation, partnership or other entity
who is the owner of each lot, tract or parcel of land in any area
in the city, shall pay for residential waste collection service
t
as billed directly by the city or, at the discretion of the city,
on the tax bill to and in accordance with the provisions of
�j
Chapter 19, Florida Statutes, as amended. Commercial and other
special collection billings will be billed as authorized by the
city commission.
Sec. 22-24. Schedule of waste collection and disposal fees;
.,
records to be kept.
(a) There shall be a charge of seventy-five cents ($0.75) for
each additional regulation container per collection from each
commercial establishment. There shall be no more than four (4)
additional regulation containers permitted,
r.'
(b) Any and all bulky waste collections in excess of four (4)
collections during any calendar year shall be charged a fee of
one hundred dollars ($100,00) per additional collection.
(c) The department shall maintain 00mplete and accurate records
of the costs and emptilditures for providing waste collection
servioes; and shall provide the city manager and the city
commission with periodic statements and .reports showing suoh
costs and empenditures. The city commission shall make periodic
adjustment of the fees, assessments and charges for waste
collection and disposal services in accordance with the cost
analysis of providing such services.
Sec. 22-256 Reserved.
Sec, 22-26. Payment of waste fees
_
(a) All payment of waste fees shall be payable in advance on or
before the due date on a semi-annual basis. In the event that
payment of said waste fees is by check made payable to the city
and said check is returned by the bank due to insufficient funds
or any other reason not the fault of the bank or the city, a
charge of 'ten dollars ($10.00) shall be added to the waste fee
'-
due to cover administrative costs incurred by the city. In
addition, late charges and interest on past due accounts shall be
charged as provided in this chapter.
(b) The finance director shall give notice to the owner of
the property at the owner's lastknown' mailing address, as
disclosed by city records or by the Metropolitan Dade County tax`
rolls, or at the property's address, or upon any occupant
thereof. If the address of the owner is unknown to the finance
director, and if the property is unoccupied and the owner thereof
has no agent or employee available' for service of such notice,-
- z-
the posting of a notice upon suoh' property by the finance
director shall constitute and be sufficient notice to the owner
thereof. All methods of giving notice as provided for herein are
oumula,tive and independent of the other, and the finance director
may use one or all of the same as the finance director may deem
necessary.
Sao. 22-27 Reserved,
-
s 3 5 Er
sea. 22--29, Waste foes shall d6ngtittte dPeO Al 990e09IOnt
i
liens against all i2proved reap. property.
A, Except as otherwise provided by this chapter, alb.
owners of improved real property in the city are required to have
accumulations of garbage, bulky waste, and solid waste removed by
the department, and for such governmental servioe of garbage,
bury waste and solid waste collection, or the availability of
such service, all such improved real property shall be liable for
the payment of the waste fees set forth in section 22-12 and
€
section 22-24. All waste fees becoming due and payable on and
after January 1, 1983 shall constitute, and are hereby imposed
--f
liens against the real property aforesaid,
as; special assessment lie g P P y
and until fully paid and discharged, or barred by law, shall
r.
remain liens equal in rank and dignity with the lien of city and
county ad valorem taxes and superior in rank and dignity to all
other liens, encumbrances, titles and claims in, to or against
the real property involved. Such waste fees shall become
delinquent if not fully paid within sixty (60) days after the due
{
date. All, delinquent waste fees shall bear a penalty of six (6)
percent, and if not fully paid with all accrued penalty
_r
assessments by the due date of the next succeeding waste fee
payment, an additional six (6) percent penalty shall ,be added
i>
successively to each perioduntil fully paid. Unpaid and
delinquent waste fees, together with all penalties imposed
thereon, shall remain and constitute special' assessment liens
against the real property involved. Such special assessment
liens for waste fees and penalties may be enforced by any of the
methods provided in Chapter 85, Florida Statutes, or in the
alternative foreclosure proceedings may be instituted and
prosecuted under the provisions of Chapter 173, Florida Statutes,,
or the collection and enforcement of payment thereof may be
}
accomplished by any other method authorized by law. The owner
and/Or operator shall pay all costs of collection, including
reasonable attorney Fees, penalties and liens imposed by virtue
of this chapter,
a C 1) Vkoept as otherwise provided by this chapter , all
waste fees due and unpaid for the period from January
until. December 31, 1082, shall constitute special assessment
liens against all improved real property for which waste
collection and disposal services were provided or made available,
(g) except as otherwise provided by this chapter, all waste
Fees due and unpaid for the period From March , 1980► until
6`
January 1, 1981, shall constitute Special assessment liens
N
against all improved real property for which waste collection and
disposal services were provided or made available, unless the
present owner and record title holder of the particular real
property involved- shall fullypay all waste fees maturing since
such owner acquired title, including current waste fees, and
shall file with the finance department a verified statement
showing that the property involved was purchased in good faith
for valuable consideration and that a transfer of title was not
accomplished for the purpose of avoiding payment of delinquent
waste fees, on a date subsequent to March 1, 1980, and giving the
full and correct _legal description and street address of the
property involved, and the name and address of the former owner,
if known', and such other information as may be reasonably
required by the finance department. Thereupon, such present
owners shall be required to pay such waste fees for the period
from March 1, 1980, until January 1, 1981 during _which period
they were the record title holders of the property involved, and
current waste 'fees. Provided further, that waste fees, becoming
due and unpaid prior to January 1, 1981, shall constitute special
3
assessment liens only if the finance department shall cause to be
filed in the office of the clerk of the circuit court of Dade
r'
County, Florida, on or before December 31, 1983, a notice of lien
-
or statement showing a legal description , of the real property
against which the lien is claimed and its location by street and
number ► and the name of the owner as reflected by the .records of
-37=
1 0149
r-
a:
the finance department, and an accurate statement of the total
amount of unpaid and delinquent waste fees ol.aitod to be due as
of January 1 1981, and a copy of such notice of lien shall be
M&filed to the owner of the property involved. tasl shovn by the
records of the finance department. Such notices of liens shall
be filed in a special waste lien docket book maintained by the
clerk of the circuit court for such purpose, which shall contain
such liens as have been filed. in the event the department fails
to file a notice of lien as aforesaid on or before becember 81,
1988, no special "assessment lien shall exist for any waste, fees
becoming due prior to January 1, 1981, Such liens, if filed., may
be discharged and satisfied by payment to the city of the
'
aggregateamountsspecified in the notice of liens together with
interest thereon .from the date; of filing of the lien computed at
r
?r<
the rate of eighteen (18) per cent per annum, together with the
administrative costs, filing and recording 'fees. When any such
lien has been fully paid or discharged, the finance department
shall promptly cause evidence of the satisfaction' and discharge
�I
of such lien to be entered in said waste lien docket book.
_r
Delinquent waste fees accruing during the period from March 1,-
1980, until January 1, 1981, shall not in any event become
special assessment liens against improved real ,property unless
the finance department shall comply with the requirements of this
#`
paragraph 2, subsection B. Where the record title to improved
real property was acquired after March 1,-1980, and prior to
January 1, 1981, in good faith for good and valuable
consideration and not for the purpose of avoiding payment of
delinquent waste fees, the present owner and record title holder'
of the involved property shall be liable only for waste 'fees due
for the time period within which the record title was acquired
and subsequent periods. Where the record title is so acquired'
?
after January 1, 1981 and prior to the filing of the notice of
'
lien or statement required under the provisions of this paragraph;
2 of subsection (B) , the property shall not be liable for any
delinquent waste Fees accruing prior to January 1, 1981, In such
R-38
1 0128
ifistanOes, the former record title holder shall be personally
liable for the delinquent waste feesj and not the property.
C.(1) Where property ewnera nave paid delinquent waste
fees for which they are not liable, a refund or credit if
presented within the time period permitted by Florida Statute
shall be given for such payments in accordance with the
provisions of this subsection upon written request and delivery
of all receipts evidenoing payment of the delinquent waste Fees
for which a refund or credit is sought. It shall be the duty and
responsibility of the record title holder to furnish the finance
department with the information required by this subsection in
'
order to release the property from liability for such delinquent
waste fees.
s
(2) Any person, firm, corporation or legal entity, other
than the present owner of the property involved, who pays any
herein listed special assessment liens shall be entitled to
receive an assignment ,of the lien held by the city and shall be
subrogated to the rights of the -city in respect to the.
enforcement of such lien.
(3) The finance department is authorized and directed to
execute and deliver upon request written certificates certifying
,,
the amount of waste fees due upon any parcel of real property
subject to payment of waste fees, or certifying that `no'waste
fees :are due, which certificates shall be binding upon the city.
The finance departmentshall make rules and regulations
prescribing procedures governing the administration of the
provisions of this chapter and providing procedures for the
payment of waste' liens in periodic installments and the
cancellation of waste liens, which rules and regulations when
3,-
approved by resolution of the city commission and filed in
accordance with the requirements of this chapter shall have the
force and effect of law,
39
10128
i
f
Sao, 22-20. Waste fee reeeipta
Receipts evidencing the payment of +paste fees, in such form
as may be approved by the finance director, shall be retained by
the 000upant of the premises covered thereby, and shall be
exhibited upon demand of any employees of the finance department,
pailure to exhibit such receipt upon demand shall constitute a
violation of this chapter,
See. 22-zo. Multiple occupancy of premises.
x_
(a) A commercial establishment located in the same building
on the same property with a residential unit with another
commercial establishment under the same ownership having one
collection point shall be billed as a commercial account.
(b) A commercial establishment and a residential.`
establishment under the same 'ownership located in one building or
buildings on the same parcel of property in which the owner has a
A
separate collection point for residential and commercial solid
waste shall have the option of consolidating all refuse at one
'S
collection point in which case the billing shall he handled `as_a
�a
commercial account or continue to have separate collection
r,
,shall
a,
points in which case the refuse for the residentialportion shall
be billed as a residential account and the commercial refuse
shall be billed as a separate commercial account. Cans must be
separatedonmultiple occupancy_ properties and placed in separate
locations.`" Cans must be marked for separate identification.
Seo, 22-31. Certain exemptions from payment of waste fees.
Commercial establishments actually employing and using' the
services of a private waste collector holding a valid permit
provided for in Article 11 of this chapter shall not be liable
t`
for the payment of waste fees otherwise required t0 be paid
hereunder s0 Long as such employment and use continues.
1
r
r
Sao ► 22-32 . Wbroetent Atd aftiblatrati ve eee y
(a) Any person who has not striotly complied with the proVisions
of this ordinanoe shall be subject to the enforcement prooedures
as set forth herein
( ) if honoomplianoe with this ordinance is found, the
sanitation inspector shall notify the noncompliant person in
writing and give him a reasonable time to correct the
noncompliance. Should the tonoompliance continue beyond the time
specified for correction, the sanitation inspector shall request
a hearing in writing with the city manager or the city manager's
designee.
(2) Upon receipt of said request, the city manager or the
city manager's designee shall schedule a hearing not less than
i
ten (10) days from, but within twenty (20) days of, the date of
such request. The city manageror the city manager's designee
shall notify the noncompliant person and the city attorney in
writing, at least five (5) days in advance, of the date, time and
place of said hearing and the specific condition of noncompliance
with this ordinance. The city manager or designee thereof, shall
give the notice to the noncompliant person or 'owner of the
property at the 'owner's last known; mailing address, as disclosed
by the city records or by Metropolitan Dade County tax rolls, or
at the property's street address, or upon any occupant thereof,
or upon any agent or employee of the owner thereof. If the
address of the owner is unknown', and if the property be
unoccupied and the owner thereof has no agent or employee
available for service of such notice, the posting of the notice
upon such property, shall constitute and .be sufficient notice..
All methods of giving notice as provided for herein' are
cumulative and independent of the owner, and the city manager, or
designee thereof, may use one or all of the same as may be deemed
necessary.
( ) the proceedings shall be as informal. as is compatible
with the essential requirements of the law ► At said hearingthe
troricompl.iarit person shall be given the opporttini'ty to b0
represented by an attorney, to make a record of the hearing by
the use of a count reporter, to call witnesses, to present
documentary evidence, and to otherwise properly present hia
position of defense. The admission of evidence shall be governed
by the city manager or the city manager's designee with the
advice of legal. counsel. , if such be available, Strict rules of
evidence, as in courts of lair, shall not apply. Evidence is to
be admitted at the discretion of the city manager or the city
manager's designee consistent with
g g generally accepted legal
principles governing the admission of evidence in administrative
proceedings.
(4) Within ten (10) days of the close of the hearing, the
city manager or the city manager's designee shall render his
decision, in writing, determiningwhether or not an
f-
administrative fee shall be imposed. The decision must be based
on a preponderance of the evidence and otherwise consistent with
#`
generally accepted principles of administrative law.
(5) Upon rendition of his determination in any hearing, the
city manager or the city manager's designee shall file his
findings with the city clerk and shall cause a true and correct
copy of his ordertobe sent by registered mail, return receipt
requested, to the last known address of the noncompliant person.
Notice of said findingsmayalso be transmitted and served in
accordance with the city manager, with the provisions of
paragraph (2) of subsection (a) of this section.
(6) Any final determination of the city manager or his
designee may be appealed within thirty (30) days to the circuit`
court of the Eleventh Judicial Circuit of Florida in accordance
with the Florida Rules of Appellate Procedure.
'
r
(b) Appointment and qualifications of sanitation. inspectors,
powers and duties.
1. 12
(1) The City manager in hereby authori26d to daaiftat6 and
appoint as sanitation iftapeotors, oertait city emp1oyee(0)
normally trained, and assigned to ihapectiori funotions for the
purpose of enforoing this ordinance and the rules and regulations
pertaining thereto.
(2) Sanitation inspectors shall have the following
qualifications:
i. A high school diploma or its equivalent.
ii. Satisfaotory completion- of a course of at least forty
(40) hours' duration pertaining to the duties of sanitation
i
Inspectors, which course shall be jointly given by the directors
of the city_ policedepartment; department of solid waste,
department of public works, law department and other, relevant
departments.
III. Approval and certification by the city police chief as
d.
'
persons of good moral character and standing in the community
suited by :temperament and learning to be sanitation inspectors of
r
the city.
(3) Sanitation inspectors shall while on duty:
I. Issue notices of noncompliance and perform such other
wets pursuant to section 22-5(b) for enforcement of this
ordinance.
.
ii. 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.
(0) Obstructing sanitation inspector in the Performance of
duties
�43=
(1) Whoever opposes, obstruots 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 ordinance, and, upon
conviction thereof, shall be fined not more than five hundred
dollars ($500,00)► or be imprisoned in the county jail for not
more than sixty (60) days, or shall be both fined and imprisoned.
(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
i. situation.
a
(d) If the findings of the city manager of his designee
indicate that an administrative service fee shall be imposed upon
the noncompliant person under this ordinance, said administrative
i
service fee shall be assessed in accordance with the minimum
administrative fee schedule ,as set forth below:
t,
Acts/Conditions of Noncompliance FEE SECTION
(SUBSECTION)
=3
The placement of containers; garbage,
trash, bulky and/or industrial waste
on public property and/or rights of
way $ 75.00_ 22-2(f)
Dumpster(s)'not kept in approved
garbage facility $150.00 22-2(f)
a
Insufficient number of approved
garbage receptacles $ 50,00 22-2(f)
Uncontainerized garbage or miseei-
laneous trash In re0eptAO10 Area $ 75,00 22-$
4
Vnatithoried disposal. of garbage, or
trash or other waete materials
consisting of _industrial and bulky
waste or other waste material
$500,00
224
Disposal of trash or other waste
materials placed in right -of -away
at other than authorized time
$ 75.00
22--16(b)
Illegal dumping from a nonmotorized
vehicle or unknown entity (i.e., dolly,
I
wagon, or wheel. barrow
$ 75.00
22-11
illegal dumping from an automobile
$ 75.00
22-i1
Illegal dumping from a; noncommercial
flatbed truck, pickup, or van
$100.00
22-11
Illegal dumping from any commercialAl _
vehicle
$500.00
22-11
-
Garbage deposited at mini -dump site for
bulky waste
$150.00
22-6(c)(7)
Use of neighborhood bulky waste
transfer station by commercial
.j
establishment
$500.00
22-6(o)(8)
Impeding, salvaging and vandalism
_
of bulky waste mire. -dump site
$250.00
22
Trash not oontainerized or bundled
$ 75,00
22-5
1 018
Uhauthorited bulky Mote oft right
of -way $ moo nz-16(b)
Garbage not oontainerized 92-8(a)
1
litter on premises $.50.00 22=9(6)
Sunken containers $100.00 29-2(0)(4)
The fees as stated herein are payable and due by the nonoompliant
person within ten (10) days of said person's receipt of the
findings of the city manager or the city manager's designee,
i
imposing such fees,
(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 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) In addition to any other remedies providedby this ordinance
or any other city ordinance, the director and the director of the
department of-publ o works shall have judicial remedies available
to them for violations of this ordinance or any other lawful rule
I
or regulation promulgated hereunder as enumerated below but not
limited to:
(1) They may Institute a OiV1l , action in a court of
oQmpetent jurisdlotioh to establish liability and to reoover
damage for &ny costs incurred by the city in OOnJthOtion with the
abatement of ahy condition prohibited by the provisions of this
ordinance.
(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 Ordinance Or any rule Or
regulation promulgated hereunder, to enjoin and prohibit said
r violation or to compel the performance of actions' which will
E
result in compliance with the terms of this ordinance.
i' (g) These remedies are cumulative and the use of any appropriate
}
remedy shall not constitute an election of remedies by the
3
` departments. The use of one remedy shall not preclude the use of
any others.
(h) All violations of this ordinance may be brought before the
code enforcement board or may be prosecuted in the oounty court.
= i
Sec. 22-33. through 22-35 Reserved.
ARTICLE IV.- Lot Clearing
Sec. 22-36. Accumulations of debris, rubbish, 'etc. and
k dense growth of trees, vines, etc., as
nuisances --Generally.
The allowing of debris, rubbish, trash, tin cans, papers or
stagnant water to accumulate, or a dense growth of trees, vines
and underbrush to develop, on any lot, tract or parcel of land
within the city to such an extent that it constitutes a menace to
life, property, the public health, the public welfare or creates
a _fire hazard is herebyprohibited and declared to be a public`
nuisance, and any owner, lessee, or occupant or any person having
legal or beneficial ownership of any lot, tract or parcel of land
in the city who permits such a nuisance to develop thereon shall,
upon conviction thereof, be punished as provided by law.
-47T,
1 0128
goo. 22-37, Lot cloaranoe
(a) The owners or agents of all rental units, including multiple
apartments, and the owners of all structures, either residential
or oommeroial, shall be responsible at all times for keeping
their premises clean and free from all trash and litter,_,
including the sidewalks on which the buildings or lands front.
j
It shall be the duty of all owners of lots, parcels and tracts of
land within the city to keep such property in a safe, clean and
presentable condition, and to remove therefrom all garbage,
1
surplus grass, saplings, weeds and other growths and all trash
and to fill in all excavations and depressions thereon,
(b) It shall be unlawful for the owner or any other persons in
possession of any lot, tract, or other parcel of -land in the
city, improved or unimproved, to permit the accumulation of
trash, garbage or debris, or to allow a growth of weeds or bushes
over one (1) foot in height and the location of same upon said
property shall be proof of a violation of this section.
(o) In the event the "owners of lots, tracts of parcels of land
within the city fail or refuse to keep such property in a safe,
:f
clean and presentable condition, it shall be the ;duty of the
t,
director to give notice to the owner of such property to comply
with the requirements of this ordinance within ten (10)- days
after the service of such notice.
(d) The finance director shall give the notice to the owner of
the property at the owner's -last knownmailing address, as
disclosed by the city records or by Metropolitan Dade County tax
rolls, or at the property's street address, or upon any occupant
thereof, or upon any agent or employee of the owner thereof. if
the address of the owner is unknown to the finance director, and
1 012
if the property be =660UPied and the owner thereof has no agent
or employee available for servi6d of suoh notice, the posting of
a notice upon such property by the finance director shall
constitute and be sufficient notice to the owner thereof, All
methods of giving notice as provided for herein are cumulative
and independent of the other, and the finance director may use
i
one or all of the same as may be deemed neoessary,
(e) In the event the owner of any lots, parcels of tracts of
j land shall fail to remove therefrom all surplus grass, saplings,
—1 weeds, trash and garbage and to fill in all excavations and
depressions thereon after notice ,has been given by the director,
the city may clean or cause to be cleaned such lot, tract or
parcel of land and place same in a safe and sanitary condition.
s
(f) In case the work is done or caused to be done by the city,
the director shall keep an itemized accounting of expenses of the
same and the cost thereof and if the same be not paid within ten
(10) days from the date the request for payment has been served
upon the person from whom payment is due, the same shall bear
interest at the rate of eighteen (18) per cent per annum until
paid. Such amounts together with all penalties imposed thereon
shall constitute, and are hereby imposed as special assessment
z ` liens against the real property aforesaid, and ' until fully paid
and discharged, or barredby law, shall remain liens equal in
rank and dignity with the lien of city and county ad valorem
taxes and superior in rank and dignity to all other liens,
encumbrances, titles and claims in, to or against the real'
property involved. The payment of all costs of collection,'
including reasonable attorney's fees, penalties and lien amounts`
is required before said; lien shall, be discharged or satisfied,
Artiole V. Removal of Abandoned' Property.
10128
if the property be un000upied and the owner thereof hae no agent
or employee available for aervioe of such n6tioe,the poeting of
a notice upon such property by the finanoe director shall
constitute and be sufficient notice to the owner thereof, All
methods of giving notice as provided for herein are cumulative
and independent of the other, and the Finance director Imay use
one or all of the same as may be deemed necessary:
(e) 1n the event the owner of any lets, parcels of tracts of
land shall fail to remove therefrom all surplus grass, saplings,
weeds, trash and garbage and to fill in all excavations and
depressions thereon after notice has been given by the director,
the city may clean or cause to be cleaned such lot, tract or
parcel of land < and place same in a safe and sanitary condition.
(f) In case the work is done or caused to l be done by the city,
the 'director shall keep an itemized accounting of expenses of the
same and the cost thereof and if the same be not paid within ten
(10) days from the date the request for payment has been served
upon the person from whom payment is due, the same shall bear
interest at the rate of eighteen (18) per cent per annum until
paid. Such amounts together with all penalties imposed thereon
shall constitute, and are hereby imposed as special assessment
liens against the real property aforesaid, and until fully paid
and discharged, or barred by law, shall remain liens equal in
rank and dignity with the lien of city and county ad valorem
taxes and superior in rank and dignity to all other liens,
encumbrances, titles and claims in, to or against the real
property involved. The payment of all costs of collection,
including reasonable attorney's fees, penalties and lien amounts-
is required before said lien shall be dischargedorsatisfied.
Artlole V. Removal of Abandoned Property:
u +gyp
description of Iodation) and must be removed
z
y
(
f
vithin 10 days or, if the property is a boat,
30 days from date of this notice, othervise
S
it shall be presumed to be abandoned property
and till be removed and destroyed by order of
(enforcement officer). if
the property is a motor vehicle or boat, the
owner will be liable for the costs of removal
and destruction. Dated this: (setting forth
the date of posting of notice). Signed:
(setting forth name, title, address, and
telephone number of enforcement officer).
Such notice shall be not less than 8 inches by 10 inches and
shall be sufficiently weatherproof to withstand normal exposure
to the elements. In addition to posting, the enforcement officer
shall make a reasonable effort to ascertain the name and address
-,3
3
of the owner; and, if such is reasonably available to the
enforcement officer, he shall mail a copy of such notice to the
owner on or before the date of posting, guided by notice
(
requirements as provided generally herein.
E
(b) If, at the end of 10 days or (if the property is a
a
(
boat) 30 days after posting such notice, the owner or any person
interested in the abandoned article orarticlesdescribed in such
notice has not removed the article or articles from public
property or shown reasonable cause for failure so to do; the
enforcement officer may cause the article or articles of
abandoned property to be removed and destroyed. The salvage
t
value,' if any, of such article or articles shall be retained by.
the city to be applied against the cost of removal and
destruction thereof, unless the costs of removal and destruction
thereof, unless the costs of removal and destruction are paid by
—
the owner as provided in section 22-41 hereof, in which case the
salvage value may be deposited in the city's genera. fund.
i
Bad t2-38. befiftitio .
por the purpose of this article, the definitions contained
pg,
k
in this section shall apply unless otherwise specifically stated,
(a) "Abandoned property" means Wreckect or derelict property
having no value other than nominal salvage value, it any, which
has been left abandoned and unprotected from the elements and
shall include wrecked, inoperative, or partially dismantled motor
vehicles; trailers, boats, machinery, refrigerators, washing
machines, plumbing fixtures, furniture and any other similar
article which has no value other than nominal salvage value, if
i
any, and which has been Left abandoned and unprotected fromthe
elements.
(b) "Public property" means lands and improvements owned by the
Federal Government, the State of Florida, Dade County, or the
City of Miami and includes sovereignty submerged lands,
buildings, grounds, parks, playgrounds, streets, sidewalks,
parkways, rights -of -way and other similar property.
;r
F
Sec. 22-39. From public property.
It shall be unlawful to park, place, store or leave any
abandoned property on any public property in the city..
(a) Whenever an enforcement officer of the city shall ascertain ,
that an article, or articles, of abandoned property is present on
public property within the limits of the city, the enforcement
offer shall cause 'a notice to be placed upon such article in
substantially the following form;
.
NOTICE TO THE OWNER AND ALL PERSONS
INTERESTED IN THE ATTACHED PROPERTY. This
property, to wit: (setting forth brief
desoription) is unlawfully upon public
property Xnown as (setting forth brief
,r
Bad. 29-40. pr6m private property.
It shall be unlawful to park, place, store or leave any
abandoned property on priVAte property in the city, unlesg it is
in conneotion with a purpose or business enterprise lawfU11.7
situated and licensed; any article of abandoned property paned
and/or stored in connection with a legitimate business enterprise
shall be parked and/or stored in complete compliance with the
city's zoning ordinance.
(a) Whenever an enforcement officer of the city shall
ascertain that an article or articles of abandoned property are
present on private property within the city in violation of any
zoning ordinance or regulation, antilitter ordinance or
regulation, the enforcement officer shall cause a notice to be
placed upon such article in substantially thefollowingform:
Whenever the enforcement officer shall ascertain that an
article or articles of abandoned property are present on private
property within the limits of the city in violation of the zoning
ordinance or regulation, an antilitter ordinance or regulation,
or other similar ordinance or regulation of the city, the
enforcement officer shall cause a notice to be placed upon such
article in substantially the 'following form:
s'
NOTICE TO THE OWNER AND ALL PERSONS
INTERESTED INTHEATTACHED PROPERTY. This
property, to wit: (setting forth brief
description) located at .(setting forth brief
description of location) is improperly stored
and is in violation of (setting forth
ordinance of regulation violated) and must be
removed within 10 days or, if the property is
a boat, 30 days from date of this notice;
otherwise it shall be presumed to be
abandoned property and will be removed and
destroyed by order of
1 012
(etfereement offioer) uhloss a request for
}
hearing should be filed by owner with the
director of the City of Miami. Solid Waste
Department, 1900 northwest 20th Street,
Miami, Florida �5142 within the specified
time frame for removal of the property as set
forth herein, thereby staying the said
enforcement officer's action pending the
outcome of said hearing If no hearing is
requested the property will be removed and
destroyed, If the property is a motor
vehicle or boat, the owner will be liable for
- the costs of removal and destruction. Dated
this: (setting forth date of posting of
notice). Signed: (setting forth name,
title, address, and telephone number of
enforcement officer) -
Such notice shall not be less than 8 inches by 10 inches and
shall be sufficiently weatherproof to withstand normal exposure
to the elements for a period of 10 days. In addition to posting
the notice andonor before the date of posting, the enforcement'
officer shall mail a copy of the notice to the owner of the real
property upon which the abandoned property is a motor vehicle or
boat, shall make a 'reasonable effort to ascertain the " name and
address of the owner and shall mail a copy of the notice to such
owner, guided by noticeprovisions as provided generally herein.
(b) If, at the end of '10 days or (if the property is a
boat) 30 days after posting such notice, the owner or any person
interested in the abandoned article or articles described in such
notice has not removed the article or articles and has not
requested a hearing in compliance with the Ordinance or
regulation cited in the notice, the enforcement officer may cause
the article or articles ofabandoned property to be removed and
destroyed. The salvage value, If any, of such article or
articles shall be retained by the city to be applied aeaiast the
oost of removal and destruotion thereof , unless the Costs of
removal and destruction are paid by the owner as provided in
seotion 22� 41. hereof, in which case the salvage value tray be
deposited in the city, s general fund
t .
Sec. 92-41. Owher responsible for costs of removing abandoned
�rtsperty .
The owner of any abandoned motor vehicle or boat who, after
notice as provided in this section, does not remove the vehicle
or boat within the specified period shall be liable to the city
for all costs of removal and destruction of such property, less
any salvage value received by the city. Upon such removal and
destruction, the enforcement officer shall notify the owner of
the amount owed and of the penalty provision of this subsection.
In the case of an abandoned boat, any person who neglects or
refuses to pay such amount shall not be entitled to be issued a
certificate of registration for any other boat until such costs
have been paid. The enforcement officer shall supply the
Department of Natural Resources with a'list of persons whose boat
registration privileges have been revoked under this subsection.
In the case of an abandoned motor vehicle, any person who
neglects or refuses to pay such amount shall be subject to a fine
of_$100.
Sec. 22-42 Obstruction of 'enforcement officer.
Whoever opposes, obstructs, or resists any enforcement
officer or any person authorized by the enforcement officer in
the discharge of his duties as provided in this section upon
conviction shall be punished as _provided by law.
Sec. 22-43t Enforcement officer immune from prosecution.
,Any enforcement officer or any person authorized by the
enforoement officer shall be Immune from prosecution, ' civil or
eritinal, for reasonable, good faith trespass upon real property
while in the daoharge of duties imposed by this section.
Sao, 22-44. gnporcamallt officer designated.
The following are hereby designated enforcement officers for
the purpose of enforcing the provisions of this article., the
city manager, the chief of police, the director of the department
of solid waste, and the director of the department of building
and zoning.
Section 2. Sections 23-5 through 23.9 of Chapter
23, entitled "Health" of the Code of the City of Miami, Florida,
as amended, are hereby repealed in their entirety:
Section 3. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this ordinance are hereby repealed.
Section 4 If any section, part of section,
paragraph, clause, phrase, or word of; this Ordinance shall be
held to be invalid', the remaining provisions of thisOrdinance
shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this 12th day of June,
- 1986.
PASSED AND ADOPTED ON SECOND;XEIDING BY TITLEONLY
this lOthday of `�u1
SUAR_ , MAYOR
AT- S .
HATTY ITRAT
CITY CLERK
1012
i
citY OP WAW, PL641bA
Ihl'' P-A,6P1r1et MtMO14ANbUM
i
Honorable Mayor and Metbers July 10, 1086
TO of the city c6mini6n bATP / 3 pq�yy�� j y� PILE �q
Ordinah66 ReViging City
I 5Utl:ECT
Code -Chapter 22 (Garbage
l , and Trash)
,r ,
a
FROMWoia A, Dougherty REFr pENCE5 City Commission Agenda,
City Attorney 7/10/86, Xtsm C
ENCLOSURES:
After further review of,the enforcement measures contained in the
subject ordinance, as distributed in the Packet, we have
substituted the term "nbneompliant person" in place of the word
"violator", "Administrative service fees" has been substituted
for "service fees". Also, where appropriate, we have replaced
"violations" with "acts of noncompliance", Section 22-32
"Enforcement; administrative fees" is the section in the
ordinance where most changes are to be found,
Because enforcement is the focus of the City's administrative
effort and since the elements of criminality and ;}punishment are
not the main thrust of the Chapters'revision, we have removed
three listed "acts of noncompliance (violations) which were
considered to be inappropriatg as a basis for levying an
"administrative service fee The basis for these
administrative service fees is the fact that there are
extraordinary services performed by the Cityas a result', of
noncompliance with certain ordinance provisions.
Pleasesubstitute the enclosed revised ordinance for the
item (#36) which was distributed in your Packet.
LAD/RFC/rr/P248
1 The specific violations were: (a) Dumpsters without
contractor's identification; (b) Engaging in the business of
waste coleletion without a permit; and (c) Utilizing the waste
collection services of any unauthorized waste collection
agency by a, commercial establishment; these violations will be
the subject of prosecution seeking imposition of fines _and/or
imprisonment.
101,0
ATTOR BY—_S_..1t0T.I;
Thin Index is for reference only and is not "
part of the Ordinance to which it is
attached,
t
CHAPTER 22
GARSACS AN TRASH
ARTICtS 1.
In Cenersl
Section 22-1.
Definitions
Section 22-2.
Colleotion services, container usage, condition
and requirements for placement location.
Section 22-3.
Accumulation of waste; proof.'
Section 22-4.
Plans for waste storage on certain premises to
be approved before issuance of building permit.
Section 22-5.
Duty ,to dispose of trash and prevent
accumulations.
Section 22-6.
Littering and dumping prohibited; dumping or
burying waste without proper authorization;
illegal dumping in mini -dumps; engaging in
business of solid waste collection without-
permit;declared public nuisance.
Section 22-7.
Method of transporting waste.
Section 22-8.
Manner of handling garbage and trash; placing
dangerous materials in 'waste containers
prohibited.
Section 22-9.'
Responsibility of persons other than owners of
premises .for violations and noncompliance.
OJ R
2eotion 22-16. Private disposal of waste.
866tion 22=181 nogponaibilitY for MOvaI of certain waste;
annual. 061.1.e0ti n and disposal of furniture,
appl.ianeda . etc
Seotioa 22-17, Reserved
ARTICLR It. Regulation of Persons engaged in Mzmdreial.
Waste Collection.
Section 22Y-18. Rngaging in business of solid waste collection
and disposal. issuanoe of permit to private
`• solid waste collectors.
Section 22-18.1. Application for permit.
Section 22-18.2. Denial of permit.
Section 22-18.3. Appeal from departmental denial of permit,
appeal from revocation of permit under section
22-18.14.
Section 22-18.4. Vehicle registration fees.
Section 22-18.5 Term of permit.
Section 22-18.6. Renewal of permit.
Section 22-18 7. Transfer of permit prohibited.
Section 22-18.8. Identification of equipment.
Section 22-18.9. Information required of permittees.
Section 22-18.10. Change in rates.
Section 22-18.11 Disposal required at city and/or county
approved facilities.
Section 22-18.12. Reserved.
Section 22-18.13. Reserved.
Section 22-18.14. Revocation of permit.
Section 22-18,15. Procedure upon violation of sections 22-18'
through 22-18.14.
Sections 22-19-22.Reserved
ARTICLE III. Enforcement and Administration.
Section 22-23. Waste fees Implementation,
ii.
22-24.
0611e6ti6n and disposal fees;
regards to be kept,
860tion 22-25,
Reserved,
Seotion 22_20,
payment of waste fees.
Section 22-27,
Reserved
Section 22=281
Waste fee shall constitute special assessment
liens against all improved read.property.
Section 22=2g,
Waste tee receipts.
Section 22-20,
Multiple occupancy of premises,
Section 22-51,
•.
Certain exemptions from Payment of waste fees.
p y
Section 22-32,
Enforcement and administrative fees.
Sections 22-33-35.Reserved.
ARTICLE IV.
Lot Clearing
Section 22-36.
Accumulations of debris, rubbish, eto., and
dense growth of trees, vines, eto., as
{
nuisances - - generally.
Section 22-37.
Lot clearance.
ARTICLE V.
Removal of Abandoned Property
— Section 22-38.
Definitions.
Section 22-39.
From public property.
Seotion 22-40.
From private property.
Section 22-41.
Owner responsible for costs of removing
abandoned
property.
Section 22-42.
Obstruction of enforcement Officer, -
Section 22-43,
Enforcement office immune from prosecution,
— Section 22-44.
Enforcement Officer designated.
111,
CITY OF MIAMI,
DADE COUNTY, FLORIDA
LROAL NOTICE
All interested petsons will take notice that on the 16th day of July,
1086, the City' Commission o) Miami, Florida, adopted the f61l6wlhd
titled otdiftance(s):
ORDINANCE NO.10i20
AN EMERGENCY ORDINANCE WABUSHING "PARK FEES"
TO BE ASSESSED USERS OF THE CITY`S VIRGINIA KEY
PARK; CONTAINING A REPEALER PROVISION AND A
SEVERAWLITY CLAUSE.
ORDINANCE NO.16121
MIAMI RSVIEWAN ORDINANCE AMENDING CHAPTER i$, ENTITLED
"FINANCE" OF THE CODE OF THE CITY OF MIAMI,
AND DAILY RECORD FLORIDA, AS AMENDED, BY AMENDING SUBSECTION (b)'
OF SECTION 18.2 OF SAID CHAPTER, PROVIDING BY SAID
Published Daily except Saturday, Sunday and AMENDMENT FOR THE FINANCE DIRECTOR'S AUTHORITY
Legal Holidays TO PURCHASE AND INVEST IDLE FUNDS PRUDENTLY IN:
Miami, Dade County, Florida. BONDS AND OBLIGATIONS OF AGENCIES OF THE UNITED
STATES; PROVIDED SUCH ARE GUARANTEED BY THE
STATE OF FLORIDA UNITED STATES OR BY THE ISSUING AGENCY; GENERAL
COUNTY OF DADE: OBLIGATION of STATES, COUNTIES, MUNICIPALITIES,
SCHOOL DISTRICTS, OR OTHER POLITICAL SUBDIVISIONS;
Before the undersigned authority personally appeared REVENUE AND EXCISE' TAX BONDS OF THE VARIOUS
Octelma V. Ferbsyre, who on oath says that she is the Supervisor MUNICIPALITIES OF THE STATE OF FLORIDA, PROVIDED
of Legal Advertising of the Miami Review and Daily Record, a NONE OF SUCH SECURITIES HAVE BEEN IN DEFAULT
daily (except Saturday, Sunday and Legal Holidays) newspaper, WITHIN FIVE (5) YEARS PRIOR TO DATE OF PURCHASE;
published at Miami in Dade County, Florida; that the attached I NEGOTIABLE CERTIFICATES_ OF DEPOSIT BANKERS
copy of advertisement, being a Legal Advertisement of Notice ( ACCEPTANCE DRAFTS; OR PRIME COMMERCIAL PAPER„
In the metier of CONTAINING "A REPEALER' PROVISION` AND A
CITY OF MIAMI SEVERABILITY CLAUSE.
ORDINANCE NO. 10128 ORDINANCE NO.10122
AN ORDINANCE AMENDING SUBSECTIONS (A) AND (B)(1) I
AND (2) OF SECTION 30.53, ENTITLED"GREEN FEES" AND.
SUBSECTION (A) OF SECTION 30.55, ENTITLED "SPECIAL �
I RATES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
In the ......... . ..X X X, ; , , , , ; Court, I AS AMENDED, BY REVISING THE FEE SCHEDULES FOR. !
was published in said newspaper in the issues of CITY OF MIAMI GOLF COURSES, AND PROVIDING THAT'
TIMES FOR TWILIGHT GREEN FEES BE ANNOUNCED BY
THE CITYMANAGER,FOR BOTH WINTER AND SUMMER
J U LY 15, 1986 SEASONS, WHICH SHALL BE NO EARLIER THAN 2:00 P.M.
AND NO LATER THAN 5:00 P.M; CONTAINING A REPEALER
PROVISION AND ASEVERABILITY CLAUSE.
Afflent further says that the said Miami Review and Daily ORDINANCE N0.10123
Record 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, AN ORDINANCE AMENDING SECTION 38-45 OF THE CODE
(except Saturday, Sunday, and Legal Holidays) and has been OF THE CITY OF MIAMI, FLORIDA,` AS=AMENDED,
entered as second class mail matter at the post office in AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
Miami in said Dade County, Florida, for s period of one year
next preceding the first publication of the attached copy of ISSUE TEMPORARY NON=EXCLUSIVE CONCESSIONS BY
advertisement; and affiant further says that she has neither PERMIT IN CITY PARKS FOR SPECIAL EVENTS; FURTHER=
paid nor promised any person, firm or corporation any discount, PROVIDINGFOR THE CITY COMMISSION TO ESTABLISH A-
rebaI , Commission or refund for purpose of securing this
adv isement for pubiicatJ he aid newspaper. SCHEDULE OF CONCESSION FEES AND COMPENSATION
/} t�tilfll r FOR THE GRANTING AND EXERCISE OF CONCESSION
bt"PRIVILEGES IN THE PARKS• CONTAINING A REPEALER'
`��• • • . ; ' PROVISION AND SEVERABILITY CLAUSE.
PSkrom to end suupscribed before me this ORDINANCE NO. 10124
!'t )aayW-N
8 6 AN ORDINANCE ESTABLISHING ANEW SPECIAL REVENUE:
a;•y...�.. , A.O. 19. ....
• — FUND ENTITLED: "RECREATION: ACTIVITY 1985.86'S,,AND
;A APPROPRIATING FUNDS FOR ITS OPERATION IN THE
uffo AMOUNT OF $100,000'COMPOSED OF REVENUES�-�r.,tt of Florida'at Large ' COLLECTED FROM PARTICIPATION FEES, CONTAINING A,
• • . • ' `� REPEALER PROVISION AND A SEVERABILITY CLAUSE:
(SEAL)
My Comml e s41gr)fr Ieti�4g. �16, 1988. ORDINANCE NO.10125 `
AN ORDINANCE AMENDING THE CODE OF THE CITY OF,'
MIAMI, FLORIDA, AS AMENDED, CREATING;;A: NEW;
DEPARTMENT TO BE KNgyVN A$ THE.DEPARTMENi;QF
_ PARKS, RECREATION AND PU8I_IC FACILITIES,,T ERr;6Y
COMBINING THE DEFART,MENT DF PARK$" AND..
RECREATION, THE DEPARTMENT OF PU13LIC' FACILITIE6
AND THE OFFIC€ OFMARINAS 1NTO.A SINGLE;
DEPARTMENT; PROVIDING FOR THE APPOINTMENT QF..A'
DIRECTOR BY THE CITY' MANAGER;. PRE$CRIEINO THE =
RESPONSIBILITIES, FUNCTIONS.AND DUTIES:OF THt,
DEPARTMENT; TRANSFERRINA.TtN€RETIO ALL.;=.
PERSONNEL, :RECORD$ AND FIJMOS. PRPVPP�USI<Y ,
BUDG9TED TO THB DEPARTMENT OF PV."10 FAOILITIEB
TO THE DEPARTMENT.W PA►RK;3 AND 99CREATIM4.41ND
TO THE OFFICE OF MARINA$, FURTHER P?ROWDINO HAT
ALL REFER9NO.9 IN TH. ,COP9OF ThIE Ii1TY;4F.MIAA31,;r
FI.ORIDA,AC AMENDED, TO TIDE AEPARTMFNTOF PUDLPC:,
FACIWTIE6, TH Q9tFARTMENT +2F. P'ARAO A VD
RECREATION, AN tT`HE OFFIOE OF MARtNAi0•,hlAW6
DELMID THEREFROM .CONTAIN1N(a' A.fdEPEAl�ER,.
RROVISIQN AND A �EVl=RAPIL1TY,-QLAU$91'
MR 14
n UR
ORDINANCE NO. 1028
C�BbINAiCI_ NO. ia�11$
AN ORDINANCE AMENDING SECTION I OF ORDINANCE
AN ORDINANCE PROVIDING FOR THE HOLDING OF A
No, 10039 ADOPTED SEPTEMBER 17, 19B5, THE ANNUAL
SPECIAL MUNICIPAL ELECTION IN THE CITY OF MIAMI,
APPROPRIATION ORDINANCE FOR THE FISCAL YEAR
FLORIDA, ON TUESDAY, SEPTEMBER 2,1986 WITH RESPECT
to AUtHOR12AtI0N FOR A MObIFICATION IN THE
ENDING SEPTEMBER 30. 1986, BY INCREASING THE
APPROPRIATION FOR THE DEPARTMENT OF COMMUNITY
MAXIMUM INTEREST RATE PAYABLE ON PREVIOUSLY
DEVELOPMENT BY $40,000, CONSISTING OF A $20,000
AUTHOR12ED STREET AND HIGHWAY IMPROVEMENT
GRANT FROM DANCE UMBRELLA INC„ AND A $20,060
BONDS OF THE CITY OF MIAMI IN THE AGGREGATE
CONTRIBUTION FROM THE CITY OF MIAMI'S FISCAL YEAR
PRINCIPAL AMOUNT OF $i7,375,000.
1985 — 86 GENERAL FUND BUDGET: SPECIAL PROGRAMS
AND ACCOUNTS; MATCHING FUNDS FOR GRANTS. AND
iRDINANCE NO. 10133
BY DECREASING tHE APPROPRIATION FOR SPECIAL
PROGRAMS AND ACCOUNTS; MATCHING FUNDS FOR
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
GRANTS CONTAINING A REPEALER PROVISION
9939, ADOPTED DECEMBER 20, 1984, AS AMENbEb, THE
V RAbl$20,l I
AND A SEVERAgIUTY CLAUSE.-
CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE,
BY ESTABLISHING TWO NEW PROJECTS ENTItLtOt
ORDINANCE NO, t0t27
"ORANGE BOWL -- CONCRETE SLAB AND JOIST REPAIR"
AND "ORANGE BOWL — RECEPTIONfPRESS INTERVIEW '
AN ORDINANCE AMENDING SUBSECTIONS, (b) AND (c),
AREA" AND APPROPRIATING FUNDS FOR THEIR
OPERATION IN THE AMOUNTS OF $428,000 AND $450,000,
REPEALING SUBSECTION (d)_ANO RENUMBERING
SUBSECTION (e) OF SECTION 42.6.1 OFTHE CODE OF THE
RESPECTIVELY, FROM DADE COUNTY RESORT TAX
CITY OF MIAMI,FLORIDA, AS AMENDED, TO INCREASE
REVENUES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE:
THE FEE COLLECTED BY THE CITY IN ITS ADMINISTRATION
OF THE PROGRAM WHEREBY EX011PTIONAL AND
MATTY HIRAI
NONROUTINE SERVICES OF OFF -DUTY POLICE OFFICERS
CITY CLERK
ARE ASSIGNED BY THE CITY AND,PROVIbEO TO PERSONS
OR BUSINESSES REOUESTING THE SAME; FURTHER,
CITY OF MIAMI, FLORIDA
RECOGNIZING BY THE HEREIN AMENDMENT THE CITY'S
(3893)
ONGOING RESPONSIBILITY TO PROVIDE SELF-
INSURANCE COVERAGE FOR TORT'LIASILITY AND
Publication bf this Notice on the 15 day of July 1986
WORKERS COMPENSATION CLAIMS ARISING OUT OF AND
7115 86.0715109M
1N THE COURSE AND SCOPE OF SUCH OFF -DUTY POLICE
OFFICERS PERFORMANCE OF LAW ENFORCEMENT
DUTIES DURING THE PERIOD OF SUCH ASSIGNMENT;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO.10128
AN ORDINANCE REPEALING, IN ITS ENTIRETY, CHAPTER
22, ENTITLED "GARBAGE AND TRASH", OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, EXCEPT FOR
SECTION 22.12 OF SAID CHAPTER, AND REPEALING
SECTIONS 23.5 THROUGH 23.9 OF CHAPTER 23, ENTITLED
"HEALTH", OF SAID CODE; AND SUBSTITUTING THEREFOR
A NEW CHAPTER 22 PROVIDING THEREBY FOR
REGULATIONS CONCERNING THE COLLECTION OF WASTE
MATERIAL; ESTABLISHMENT OF FEES AND ENFORCEMENT
MEASURES; FURTHER PREEMPTING TO THE CITY THE
WASTE COLLECTION' FUNCTION IN THE ENTIRE CITY
EXCEPT- AS OTHERWISE PERMITTED; ,CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10129 -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 7864,`ADOPTED MAY 13, 1970,THEREBY PROVIDING,
SUBJECT TO APPROVAL BY THE ELECTORATE AT AN
ELECTION TO BE HELD ON SEPTEMBER 2, 1986, THAT THE
SEVEN AND ONE-HALF PERCENT PER ANNUM
MAXIMUM INTEREST RATE PAYABLE ON $7,000,000
POLLUTION CONTROL AND INCINERATOR FACILITIES
BONDS OF THE CITY OF MIAMI, PREVIOUSLY AUTHORIZED
TO BE ISSUED 'UNDER -SAID ORDINANCE NO. 7864, BE
MODIFIED TO ALLOW INTEREST TO BE PAID ON $4,000,000
OF SAID _BONDS REMAINING UNISSUED AT A RATE OR
RATES NOT EXCEEDING THE RATE'PROVIDED FOR BY
STATUTES OF THE STATE OF FLORIDA BUT NOT TO EXCEED
TEN PERCENT (10%) PER ANNUM.
ORDINANCE NO, 10130
'AN.ORDINANCE ;PROVIDING FOR THE HOLDING OF A
SPECIAL' MUNICIPAL ELECTION IN THE CITY OF MIAMI,
FLORIDA ON TUESDAY, SEPTEMBER 2,19W WITH RESPECT
TO AUTHORIZATION FOR A MODIFICATION <IN<THE
MAXIMUM INTEREST RATE PAYABLE ON PREVIOUSLY
AUTHORIZED-$7,000,000 POLLUTION CONTROL AND
INCINERATOR FACILITIES BONDS OF THE CITY OF MIAMI,
ORDINANCE NO. 10131
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
"
NO, 7861, ADOPTED MAY 13, 1970, THEREBY PROVIDING,
SUBJECT TO APPROVAL: BY THE ELECTORATE AT AN
ELECTION TO 13E;HELD ON SEPTEMBER 2, 1986,THAT THE
SEVEN AND :ONE-HALF PERCENT (7•1h%) PER ANNUM
MAXIMUM INTEREST RATE PAYABLE ON AN AGGREGATE
PRINCIPAL AMOUNT OF $17,375,000 STREET AND HIGHWAY
IMPROVEMENT BONDS OF THE CITY OF MIAMI,
PREVIOUSLY AUTHORIZED TO 13€ ISSUED UNDER SAID
ORDINANCE NO 7061, HE MODIFIED TO ALLOW INTEREST
TO OF PAID ON $2,375,000 OF SAID BONDS ,REMAINING
NO
UNISSUED AT A RATE OR BATES N' EXCEEDING THE
— RATE PROVIDED FORAY STATUTES OF THE STATE OF
FLORIDA BUT NOT TO EXCEED 'TEN PER CENTUM (10%)
PER ANNUM,
!N"t'E,fi-OFFICE Nte1v4ORANpI.}Mt
To Honorable Mayor and Members :ATE. June 20, 1996 K„_a
of the .City Commission
Proposed Ordinance
Garbage and Trash
rRcanq, Cesar H, OdiO
City Manager i
Recommendation
It is recommended that the City Commission adopt,on first
reading, the attached ordinance. This ordinance, upon adoption,
would repeal thepresentprovisions of the City of Miami Code
which regulate the collection of garbage and trash, littering,
lot clearing, the removal of abandoned property and private waste
collectors/haulers. The attached proposed ordinance would upon
adoption centralize the -above mentioned provisions into a, new
Chapter 22 to be coordinated, applied and enforced primarily by
the Department of Solid Waste
Background
For the past several years a perception, and hence a belief, has
existed that the City of Miami is generally not a clean city.
Often such a perception has enjoyed a great amount of credibility
when comparisons to neighboring municipalities (e.g., Coral
Gables, Miami Beach being the most frequently mentioned)` were
made. Admittedly this City is not as clean in appearance as it
could or should be.
Elected officials, residents and members of the media have
continuously cited this issue as one of the most serious problems
facing Miami and, for the most part, all of Dade County. Efforts.
to attack this problem have led to the formation of Dade Clean,
Incorporated, a now certified' local affiliate of the national
Keep; America Beautiful_ program. Dade Clean has :been ;instrumental
in creating and organizing a 'county -wide action and public-
education program aimed at area improvements. As the core city
of this metropolitan area, significant emphasis has been placed
on improving Miami's appearance. Indeed, upon being appointed
City ,Manager, one of the most important charges given me by the
City Commission was to :'take a serious, critical look at our solid
waste collection procedures and related ordinances with an
overall objective of performing major 'improvement. The attached
ordinance represents revised regulations that we believeare
clear and comprehensive, eliminating a number' of deficiencies
that exist in the current Chapter '22 and related regulations.
11 012 8
4
Ahalysis
The attached proposed Ordinance is divided into five (5)
articles:
Article I. In General
Article It. Regulation of Persons Engaged in Commercial
Waste Collection
Article III. Fees
Article IV.- Lot Clearing
Article V. Removal of Abandoned Property
Each article has been drafted to address specific sub -issues of
the problem.
Article 1. Upon reviewing the existing regulations it was
determined that one of the most glaring deficiencies of the
existing regulations was a lack of definition of various terms
which would serve to establish specificity and clarity in the
regulations. Some thirty-two (32) new and revised definitions
would be incorporated, clearly defining a number of terms that
were previously confused or disputed. For instance, a
"commercial establishment" would be clearly distinguished from a
"residential unit" as such terminology is used in the context of
this proposed ordinance.
Selected additional features of this Article considered to be
improvements over the current regulations are as follows:
Section 22-2. Specific standards for collection services,
container type and placement are established.
Sunken containers would become prohibited due to,
their being hazardous ,to collectors and because
such containers offer potential breeding 'places'
for rodents and vermin. More importantly,
standards and criteria have been developed to
require garbage or trash rooms in commercial
establishments and/or structures and to improve-'
the City's ability to 'enforce the ban on placing
garbage containers -within the public right-of-
way.
Section 22-5. This section is intended to clearly establish as
a property owner's responsibility the dutyto
keep areas around container locations and the
adjoining rights -of -way in a clean and
presentable manner, free of all trash and litter.
Specific provisions for the issuance of notices
of violation are included.
I 0128
Section 22-6. Regulations concerning littering have been.
centralized in this section. Two (2) new
features include a requirement that debris from
building construct.oh sites be controlled and
cleared and a prohibition against sweeping or
blowing by mechanical means any refuse into the
public right-of=way.
Section 22-16. A major situation that negatively contributes to
the City's appearance city-wide but particularly
in low income areas is the dumping; and/or
placement of bulky waste along City streets,
Stricter regulations aimed at controlling or
limiting trash piles are included herein. Also')
the establishment of facilities for the
deposition of bulky waste by residents is
provided for in the proposed ordinance.
Article II. This Article has been redrafted from the existing
regulations and strengthened ,to include more specific standards
_ And criteria for approving private solid waste collectors. Added
regulations will require complete background checks of all permit
applicants, detailed information and annual inspections and
registration of equipment utilized for collectionsand minimum
insurance requirements. Permits would become revocable, for
noncompliance with the ordinance in accordance with the stated
procedure which provides for appeals by the applicant/permit'
holder. Annually permittees would be required toperiodically
report the names and addresses of customers, the address of each
location served, the permittee's-rate schedule and the volume of
waste collected
Article III. Fees for the collection of solid waste from
residential and commercial accounts are established in the
current Chapter 22. The proposed ordinance does not include any
attempt to alter the present fee nor is there' proposed any
modification to the existing fee collection process.
Also incorporated into this Article are minimum educational
standards and City provided training; for persons assigned the
duties of a sanitation inspector, plus the delineation of what'
comprises such duties. In conjunction with this, the various
violations of the proposed ordinance have been more clearly
spelled out in order to enhance our enforcement efforts
10128
"yv
Article TV Lot clearing) iie. the enforced elimination of
overgrown, littered and/or debris covered parcels of land, has
been an extremely difficult task) possibly the largest
contributor to the perception of a dirty city, Under the present
regulations it is almost impossible to clear an overgrown lot in
less than forty-five (45) to sixty (60) days, as revised it is
hoped and intended to reduce this time period to a maximum of not
more than thirty (30) days, One foot is the maximum height to
which weeds and bushes would be permitted to grow; current
regulations do not contain any such standard, making any
determination totally subjective on the part of City enforcement
personnel,
Article Vi Since mid-1983 the City has been somewhat stymied in
its efforts to cause removal of abandoned personal property,
mostly derelict automobiles, from privately owned real property,
The main; problemhasbeen the lack of a provision that provided
for -a pre -taking hearing prior to the City removing such
property. This Article was redrafted to included such a
provision and to more closely -track the applicable sections of
the Florida Statutes.
As the Commission knows, it is an extremely difficult task to
draft a perfect or nearly perfect set of regulations as
encompassing as the attached proposed ordinance What is
presented at this point is a good effort in need_ of full,
complete discussion, input and consideration by the City
Commission. The proposed revisions of the City's garbage and
trash regulations will provide us a significant opportunity for
implementing enhanced trash collection schedules and improved
street cleaning operations.
10428
MIAMI AEVI9j#
:s
Published Daily except Saturday, Sunday and
Legal Holidays 61TV Ole MIAMI#
Miami, Dade County, Florida. BAOt COUNITI PLORIL A
9TAtt OF PLOAlba
COUNTY bF bA01E. 06TIOR 60 01106616 CRbINAN69
defare the undetslgned aulhotity personally eppeated Notice it hetaby given that the City 6611irtila§ion of the City at
Sdakle NIIIARia, who on aeth says that she Is the vice ptesldant Mlathi, Ftoride, on July tip, 1085, comtttahcing at g: 0 A.M. to the City
of Legal AdvVileliig of the Miami fieview and Daily Record, a Ccfi�tnis4irSn Chary bar, City Hatt, W6 Ren Arhetidan Dr., MIAMI,
daily (#Idiot Satutday, Sunday and Legal Holidays) newspaper, ubilshed At MIAMI In Cade County, Florida; that the AHAchod Fwill considAt the following Ord{nani e(s) ofi`1ihAi reAc)itfg AFid
copy of Adve iittanleni, tieing A Legal Advertisement of Notice the Florida,Ida,Adoption Will
thereof
in the mattet of ORDINANCE NO.
CITY OF 2tI1;.•1I AN ORDINANCE REPEALING, IN ITS ENTIRETY, CHAPTER
22, ENTITLED "GARBA68 AND TRASH", OF THE CODE OF
NOTICE OF PROPOSED ORDINANCE THE CITY OFMIAMI, FLORIDA, ASAMENDED,EXCEPT FOR
P r O . # 3384 SECTION 22.12 OF SAID CHAPTER, AND REPEALING SEC•
TION5 23.5 THROUGH 23.9 OF CHAPTER 23, ENTITLED
"HEALTH", OF SAID CODE. AND SUBSTITUTING THERE-
FOR A NEW CHAPTER 22 PROVIDING THEREBY FOR AEG.
In the ............. XXXX ULAT(ONS CONCERNING THE COLLECTION OF WASTE
_ Court, MATERIAL; ESTABLISHMENT OF FEES, AND ENFORCEMENT
was published in said newspapet In the Issues of MEASURES; FURTHER PRE-EMPTING TO THE CITY THE
WASTE COLLECTION FUNCTION IN THE. ENTIRE CITY EXCEPT
June 30, 1986 AS OTHERWISE PERMITTED; CONTAINING A REPEALER
PROVISION AND A SEVERABILtTY CLAUSE.
Said proposed ordinance(s) may be inspected by the public at the
Afflant further says that the said Miami Review and Dail office of the City Clerk, 3500 Pan American Drive, Miami, Florida,-
Record Is a newspaper published at Miami in said Dade County Monday through Friday, excluding holidays, during the hours of 8:00
Florida, and that the sold newspaper has heretofore been A.M. to 5:00 P.M.
continuously published in sold Dade County, Florida. each day
(except Saturday, Sunday and Legal Holidays) and has been
entered as second class mail matter at t e post office in All interested parties may appear at the meeting and be heard With
Miami in said Dade County, Florida, tot a period of'one year respect to the proposed ordinance(s).'
next preceding the first publication of the attached copy of
adverti ent; and afflant further says that she has neither
paid romised any person,' firm or corporation :try discount, Should any person desire to appeal any decision of the City Com•
reb e, a?ommission or refund for the purpose of securing this mission with respect to any matter to be considered at this meeting,
adv rt '•m•nt for publication In the said newspaper. that person shall ensure that a verbatim record of the proceedings Is
made including all testimony and evidence upon which any appeal
F! may be based.
• • "' '9 '; (113884) MATTY HIRAI
iZ t $wort tQ ani) �ubsUb•d before me this CITY CLERK
w a I CITY OF MIAMI, FLORIDA
30 .... day of ....... J.U.N.k:'f . ......., A.D. i9.P,6... 6130; 86063085M
r
to SorQa Halligan
lary
of Florida at Large
(SEAL) ,J
My Commission,expires December 23, 1988.