The URL can be used to link to this page

Home My WebLink AboutO-09208ORDINANCE NO. 9 7 8 AN ORDINANCE AMENDING SECTION 22-13, ENTITLED: "WASTE DISPOSAL FEES.", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, (1980), AS AMENDED, BY REPEALING SAID SECTION IN ITS ENTIRETY AND SUBSTITUTING A NEW SECTION 22-13, ENTITLED: "WASTE FEE."; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A WASTE FEE UPON RESIDENSES AND BUSINESSES; FURTHER PROVIDING A PENALTY FOR NONPAYMENT OF SAID FEE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. - t BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 22-13, entitled: "Waste disposal fees.", of the Code of the City of Miami, Florida (1980), as amended, is hereby further amended by repealing said section in its entirety and substituting therefor the following: "Sec. 22-13. Waste Fee. (a) (1) Commencing effective January 1, 1981, an annual fee of $75 is hereby assessed upon all residential units as defined in subsection (d) hereof within the city not serviced by private sanitation companies, for the purpose of defraying the cost of waste collection and disposal. (2) One-half of said annual fee amount ($37.50) shall be due and collectible on the 1st day of January and the 1st day of July, 1981, and on January 1 and July 1 of each succeeding year. (3) Said fee, as stated in subsection (a) hereof, is based on the collection of all containerized gar- bage and trash twice weekly. (b) (1) Commencing effective January 1, 1981, an annual fee of $38 is likewise hereby assessed against each dwelling unit in an apartment building with three (3) or more dwelling units therein. (2) One-half of said fee ($19) shall be due and collectible on the 1st day of January and the 1st day of July, 1981, and on January 1 and July 1 of each succeeding year. (3) Said fee as stated in subsection (b) hereof is based on the collection of one (1) standard 1/ container per collection per dwelling twice weekly. (c) (1) Commencing effective January 1, 1981, an annual fee of $145 is likewise hereby assessed against all businesses not using private sanita- tion services. (2) Said fee shall be due and collectible on Janu- ary 1, 1981 and on January 1 of each succeed- ing year. (3) Said fee as stated in subsection (c) hereof is based on the collection of four (4) standard 1/ containers per collection per establishment twice weekly. (d) (1) The waste fees assessed under subsections (a), (b) and (c) hereof shall be paid by the owner of each residential unit or by the holder of a city occupational license who has an estab- lished place of business within the city from which or upon which the occupation is engaged in. (2) 'Residential units' as referred to in subsec- tion (a) hereof are defined as follows: M A single family dwelling or condominium unit shall constitute one residential unit; a duplex shall constitute two residential units; a structure with three (3) or more dwelling units shall be considered under the provisions of subsection (b) hereof; (3) 'Occupational license' as used herein includes those occupational licenses for hotels and apart- ment houses. (e) All fees billed shall be due and collectible upon receipt. Fees shall be considered delinquent if not 1/ A standard container is limited to a capacity of 32 gallons MAE 9 0 8 = received within 60 days of the mailing date of the bill. A penalty of 8% per year shall be assessed against the fees if not paid within that time period. If said fees and penalties are not paid, when due, the entire amount shall be placed as a special assessment lien against the property, accru- ing with the said penalty for the entire unpaid period upon the entire balance until such time as the amount is paid. Said lien shall be equal in rank and dignity to all other liens, encumbrances, titles and claims in, to, or against the real property involved. Stich 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 pro- ceedings 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." Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Section 4. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED this 2_day of November 1980. RALP G. ONGIE, CITY CL PREPARED AND APPROVED BY: P MAURNE A. FERRE _ M A Y 0 R TO FIQRM ,A -ND CORRECTNESS: ROBERT F. CLARK GEOV E F. KNOX, JR ASSISTANT CITY ATTORNEY CIT ATTORNEY -3- ow CITY OF I'd1Ah11, FLORIDA INTER -OFFICE MEMORANDUM TO Richard L. Fosmoen City Manager FROM Clarance Patterson, Director Solid Waste Department r A t F November 19, 1980 FILE 9 Ordinance Providing for a New Solid Waste Fee R L F F. R E N CZ E:NCLUSURF:S "It is recommended that an ordinance raising the fees for solid waste col- lection and disposal, be adopted to achieve the revenues calculated for the 1980-1981 budget." On July 24, 1980, the City Commission adopted a Solid Waste Plan which established a disposal fee. The purpose of this fee was to help defray additional disposal costs to the City which is passed on to Dade County. This fee did not include additional operating expenses. Since the institution of the disposal fee, the City has incurred a rising increase in disposal costs as well as operational costs which are primarily due to the increase in the cost of fuel. Consequently, an increase in the disposal fee was projected in the FY 181 budget which incorporated the additional cost. It is estimated that the fee increase will result in revenues to the City in the amount of $6.75 Million. We are also proposing a change in the present definition of what consti- tutes a single family resident. Presently, the definition of a single family resident includes up to 3 living units. An analysis of the present structure indicates that 3 living units should be considered apartment rather than a single family dwelling, and assessed accordingly. The following schedule summarizes the present fee schedule and the proposed schedule: Present Proposed 1980 1981 Single family $ 36.00 $ 75.00 Duplex 72.00 1 M 00 Triplex 108.00 114.00 ($38.00 per unit) Four units or more 36.00* 38.00* per unit Commercial *Plus excess service charge 36.00* 145.00* 9I08 MIAMI F1FIVIEW j AND 0AILY MOM f Pubpshid d6nrw�`f►1 c - • Miami, Dads County, Florida. p - $tAtE OF FLORIDA COUNTY OF DADE: Before tM undersigned authority personally appeared c lu d 0 n Dianne Stuver, who on oath says that ant Ib MN Assistant to the = Publisher of tM Miami Revlew and Daily Record, a daily (ewe pt Saturday, Sunday and Legal Holidays) newspaper, published at cn Miami In Dade County, Florida; that the attached copy of advar- m (�l tlsement, being a Legal Advertisement or Notice In tM matter of — CITY OF MIAMI ." to o p Re: Ordinance 9208 In the X X X Court, was published In said newspaper In the Issues of December 4, 1980 Atiianl further says that the said Miami Review and Daily Record Is a newspaper published at Miami, In said Dade County, Florida, and that the said newspaper has heretofore been 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 the pool office In Miami, In sold Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of ad. vertisement; and afflant further says that has nelMier paid nor promised any person, firm or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. V. /l,C cl z ......... r 1- `. Sworn to and subscri d tx re me this wM .. w r i LEGAL NOTICE 1 All interested will take notice that on the 26th day of November 1980, the City Commission of Misui, Florida passed and adopted the following titled ordinance: ORDINANCE AN ORDINANCE AMENDING SECTION 12-11, ENTITLED: "WASTE DISPOSAL FEES.", OF THE CODE OF THE CITY OF MIAMI. FLORIDA. (1980), AS AMENDED, BY REPEALING SAID SECTION IN ITS ENTIRETY AND'SUBSTITUTING A NEW SECTION 22-13, ENTITLED: "WASTE FEE."; PROVIDING FOR THE ASSESSMENT AND COLLECTIOTi OF A WASTE FEE UPON RESIDENSES AND BUSINESSES; FURTHER PROVIDING A PENALTY FOR NONPAYMENT OF SAID FEE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. i n ie RALPH G. ONGIE cf�o� CITY CLERK CITY OF MIAMI, FLORIDA 4. ay of Dec 19 80 Publication of this Notice on the 4 day of November IM 12/4 M80-120425 lyre— N gyI10ifhte lorida at Large ISEAI I i My COrntnii%ion espi ivmri6. 1982 MR-101 — .Si.' --•Fidd!:X':.macvc4Tsh.s+.,axw.vcr�wdw.a+...,,.i.nnn.�v,..,-:,�.. --- .._ O