HomeMy WebLinkAboutLEGISLATIONL p�
City of Miami
City Hall
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Miami, FL 33133
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Legislation
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Ordinance
File Number: 10-00990 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA ("CITY CODE"), ENTITLED "GARBAGE AND
OTHER SOLID WASTE," MORE PARTICULARLY AMENDING SECTIONS 22-1, 22-2,22-6,
22-12, 22-14, 22-25, 22-46, 22-47, 22-48, 22-49, 22-50, 22-53, 22-56, AND 22-57; CREATING
SECTIONS 22-19, 22-20, AND 22-21, REQUIRING RECYCLING PROGRAMS FOR MULTI-
FAMILY AND COMMERCIAL ESTABLISHMENTS AND ALLOWING MODIFIED RECYCLING
PROGRAMS; FURTHER AMENDING CHAPTER 2/ARTICLE X(SECTION 2-829 OF THE CITY
CODE, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL
PENALTIES," TO INCLUDE CIVIL PENALTIES CORRESPONDING TO VIOLATIONS OF
SECTIONS 22-19 AND 22-20, AS CREATED HEREIN; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is incorporated within the boundaries of Miami -
Dade County ("County"); and
WHEREAS, the amendments to the Code of the City of Miami, Florida, as amended
("City Code") are necessary to provide clarity with respect to the regulation of commercial
waste collection and to institute a safety inspection; and
WHEREAS, the provisions of Sections 15-2.2, 15-2.3 and 15-2.4 of the County Code,
apply to the City, as an incorporated area within the County pursuant to Section 15-2.5 of the
County Code; and
WHEREAS, Section 15-2.2 of the County Code requires a recycling program for multi-
family residences, Section 15-2.3 of the County Code requires a recycling program for
commercial property, and Section 15-2.4 of the County Code allows for a modified recycling
program; and
WHEREAS, Sections 15-2.2, 15-2.3 and 15-2.4 of the County Code shall be enforced by
the County unless the City and County agree that the City will enforce said Sections of the
County Code within the City; and
WHEREAS, the City has agreed with the County that the City will be responsible for
enforcing Sections 15-2.2, 15-2.3, and 15-2.4 of the County Code; and
WHEREAS, the City seeks to adopt the following City Code amendments and sections
in order to facilitate the enforcement of the aforementioned sections of the County Code;.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 17 File id: 10-00990 (Version 1) Printed On: 09/02/2010
Section 1. The recitals and findings contained in the Preamble of this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 22 of the City Code, as amended, is further amended in the
following particulars: {1}
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
Sec. 22-1. Definitions
For purpose of this chapter, the definitions contained in this section shall apply unless
otherwise specifically stated.
Curbside. The area between the sidewalk and the street edge or, in areas without
sidewalks, the area between the edge of the traveled portion of any public or private street and
the property line.
Department. The word "department" shall mean the city department of solid waste.
Director. The word "director" shall mean the director of the department of solid waste.
Enforcement officer. The words "enforcement officer" shall mean designated agents of
the city manager, acting by and through him/her, including but not limited to, sanitation
inspectors, code enforcement inspectors, police officers, NET Administrators and NET
inspectors.
Fiscal Year. The words "fiscal year" shall mean the twelve (12) month period beginning
October 1 _ _ _
Franchisee. The word "franchisee" shall mean a private commercial solid waste/firm that
is granted a nonexclusive franchise by the city dep"F+�Tt of Selid ,^,a to remove and
dispose of solid waste from commercial properties, which is required to pay a percentage of its
gross monthly earnings to the city pursuant to the provisions of this chapter.
Garbage can. The words "garbage can" shall mean a galvanized metal, durable plastic
or other suitable material container of the type commonly sold as a garbage can, including
wheeled containers, of a capacity not less than 20 gallons and not to exceed 96 gallons, having
at least two handles upon the sides thereof, sufficiently strong for workmen to empty
City of Miami Page 2 of 17 File id: 10-00990 (Version 1) Printed On: 09/0212010
conveniently, or a bail by which it may be lifted, and a tightfitting metal or plastic top with handle,
and so constructed as to permit the free discharge of its contents. The container must not have
any inside structures such as inside bands and reinforcing angles or anything within the
container to prevent the free discharge of the contents. The container shall be free of jagged or
sharp edges.
Gross receipts. The term "gross receipts" shall mean all monies, whether paid by cash,
check, debit or credit, collected from customers resulting from all transactions and activities in
the franchisee's regular course of business and trade including f9f garbage, industrial, solid
waste, used cooking oil waste, portable toilets and sanitation, environmental charges and fees,
containerized waste, environmental waste services (vactor), equipment rental and leasing, fuel
surcharge, construction and demolition debris, roofing materials, trash, litter, maintenance,
compactors, refuse and/or rubbish collection removal and disposal services rendered, hand bag
collection, recycling, or from any other source related directly or indirectly from waste collection
services, including, but not limited to, all income derived from leasing and renting of real or
tangible personal property, the use of dump trucks, grappling trucks, roll -off trucks, trailers, roll-
o_ff's, boxed in, framed, fenced in, or otherwise designated storage areas, etc., containers,
bagsters, chutes, and any other vehicles and equipment used for collection and disposal of anv
debris by the franchisee, exclusive of taxes as provided by law, whether wholly or partially
collected within the city, less bad debts. Gross receipts shall not include income derived from
the transportation, storage, treatment, collection, and removal of biomedical, biological, or
hazardous waste as herein defined.
Minidump. The word "minidump" shall mean a disposal site, maintained by the
department, where householders of the city may deposit trash and small trash.
Modified recycling program. An operation approved by the department which provides
for the recycling of recyclable material by a method varying from the requirements of Section
22-19 or Section 22-20.
Mow. The word "mow" shall mean to cut down grass or similar growth with a mechanical
device such as lawn mower.
/Nonexclusive franchise. The term "nonexclusive franchise" shall mean a non-exclusive
right and privilege granted to a qualified firm to contract to provide solid waste, construction and
demolition material, and recyclable collection and disposal services to commercial and non-
residential properties, as defined in this chapter, in, upon, over and across the present and
future streets, alleys, easements and other public places of the city.
Permit per account fee. The term "permit per account fee" shall mean the anal charge
assessed by the city beginning each October 1, to franchisee, for every account with whom they
GGRtra9l acquire or maintain throuqhout the fiscal year for the provision of commercial solid
waste services.
City of Miami Page 3 of 17 File id: 10-00990 (Version 1) Printed On: 09/02/2010
Plastic bag. The words "plastic bag" shall mean a polyethylene or other heavy-duty
plastic bag meeting the National Sanitation Foundation standard of 1.5 mils and not exceeding a
32 -gallon capacity with a securing twist tie.
Rubbish. The word "rubbish" shall mean refuse accumulation of paper, excelsior, rags or
wooden or paper boxes or containers, sweepings and all other accumulations of a nature other
than garbage, which are usual to housekeeping and to the operation of stores, offices and other
business places, and also any bottles, cans or other containers which, due to their ability to
retain water may serve as breeding places for mosquitoes or other water breeding insects;
rubbish shall not include noncombustible refuse, as defined above.
Safety Inspection Fee. The term "safety inspection fee" shall mean a regulatory fee
pursuant to Section 166.221, Florida Statutes.
Screening. A landscaped area with shrubs three feet in height at time of planting to form
a continuous, unbroken solid buffer, or a five -foot -high fence or C.B.S. wall finished and painted
on both sides to provide a visual barrier.
Source separated. The term source separated shall mean the recovered materials are
separated from solid waste where the recovered materials and solid waste are generated. The
term does not require that various types of recovered materials be separated from each other
and recognizes de minimis solid waste, in accordance with industry standards and practices,
may be included in the recovered materials. Materials are not considered source separated
when two or more types of recovered materials are deposited in combination with each other in
a commercial collection container located where the materials are generated and such materials
contain more than ten percent solid waste by volume or weight. For purposes of this subsection,
the term "various types of recovered materials' means metals, paper, glass, plastic, textiles, and
rubber.
Special non-residential trash collection. The term "special non-residential trash
collection" shall mean yard and garden trash weighing more than 50 pounds, too large to be
-containerized for commercial collection, clean and free of dirt, rocks, trash and any other debris.
It includes accumulations from major tree cutbacks (exceeding ten inches in diameter and four
feet in length and weighing more ##at than 50 pounds). Collection by the City must be approved
and scheduled by department prior to setout or fines will be incurred.
Special residential collection. The term "special residential collection" shall mean a
collection of non -hazardous, non -industrial, waste beyond the normal city garbage, trash, and
recycling, including bulky waste and large trash, for which residents or property owners will be
charged the cost of collection, disposal and the appropriate administrative fees. Such collection
excludes asbestos, whole or used tires, oil, lead -acid batteries, mercury lights, combustible,
hazardous, biomedical and biological waste.
City of Miami Page 4 of 17 File Id: 10-00990 (Version 1) Printed On: 09/02/2010
Specialized waste. The term "specialized waste" shall mean solid waste that requires
special handling and management, including, but not limited to white goods, waste tires, used
oil, lead -acid batteries, construction and demolition debris, ash residue, biomedical and
biological waste.
Specialized waste handling nonexclusive fr^sc fee. The term "specialized waste
handling nonexclusive frarhiG9 fee" shall mean the annual fee paid to the city for the right to
conduct specialized waste handling services in the city.
Swale area. The words "swale area" shall mean the paved or unpaved area between the
edge of the sidewalk or property line and the edge of the street.
Sec. 22-2. Collection services, container usage, condition and requirements for placement
location; city and commercial solid waste services.
(b)
Every commercial property shall utilize the waste collection services of a franchisee
authorized to perform such services by the d+restar City Commission. It shall be the
responsibility of the owner, occupant, tenant or lessee of the commercial establishment to
properly dispose of all trash, waste and garbage generated by such commercial property. Each
commercial property in the city shall have a sufficient number of scheduled collections, garbage
cans, plastic bags or portable containers to accommodate all garbage, bundled garden trash or
rubbish to be removed by the franchisees. Franchisees shall be required to remove all refuse
placed or spilled within a ten foot radius of the container being serviced. Service minimums for
multi -family dwellings shall be as follows: 1-8 Units - 2 CY @ 2 X per week; 9-16 Units - 4 CY
@ 2 X per week; 17-32 Units - 6 CY @ 3 X per week; a -Rd 33-48 Units - 8 CY @ 3 X per
week..: and over 48 Units – 8 CY 5 5 X oer week.
Any franchisee providing waste collection services who will be discontinuing its collection
service to a commercial property shall give the Department of Code Enforcement selnd=waste
69GIG f�8rReRt diViSiGR Gf the selid waste Glp ar+. eRt and NET service center, for the area
where service will be discontinued, at least seven business days' prior notice of its intention to
discontinue such service. The franchisee shall additionally mail to the owner, occupant, tenant
or lessee of the commercial property a notice that it is discontinuing waste collection services for
that commercial property. Duplicate copies of this notice shall be simultaneously mailed by the
nriyateF ha ilor franchisee to the department and the NET service center for the area where such
service will be discontinued and to the depaFtmeR A commercial property which does not have
current waste collection services being furnished shall be subject to having an administrative
service fee imposed pursuant to section 22-93 of this chapter.
All food service properties producing raw or processed organic waste matter as a major portion
of their waste stream shall provide for the removal of such material a minimum of three times
per week.
City of Miami Page 5 of 17 File Id. 10-00990 (Version 1) Printed On: 09/02/2010
Sec. 22-6. Littering and dumping prohibited; dumping or burying waste without proper
authorization; illegal dumping in area bulky waste transfer stations; engaged in business of solid
waste collection without franchise; declared public nuisance; presumption.
(a)
Intent. It is the intent of the city commission ^f Miami Dade r`^, nt„ Fler da, 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 severely
burden the taxpayers of the city and adversely affect the attractiveness, public health, safety
and welfare of the community for its residents and visitors.
Sec. 22-12. Waste fees.
(a)
An annual waste fee, per residential unit, is hereby assessed upon all city serviced residential
units as defined in section 22-1 and as set forth -+ by resolution of the city commission.
These fees shall apply to all single and multifamily residences of three units or less within the
city and shall serve to defray the cost of waste collection and disposal. Effective October 1,
1999, the city may utilize the uniform method of collection pursuant to F.S. ch. 197, whereby
residential unit owners shall pay for residential solid waste collection services on the tax bill, in
accordance with the provisions of F.S. ch. 197, as amended. If the city elects not to use the tax
bill collection method then one-half of said annual fee amount shall be due and collectible on
January 1 and on July 1 of each calendar year, beginning January, 1999.---a
Sec. 22-14. City and commercial collection of solid waste.
(b)
The dipeGte city commission may authorize the collection of solid waste by commercial solid
waste collectors if it is a commercial account as defined in this chapter. If private collection is
authorized, the contract with the commercial solid waste collector shall be non-exclusive and
include, but not limited to, garbage, trash and bulky waste collection and the number of
collection days per week. In addition, for multi -family dwellings the contract must specify a
City of Miami Page 6 of 17 File id: 10-00990 (Version 1) Printed On: 09/02/2010
minimum of a two cubic yard (2 CY) container or containers of sufficient capacity so as to avoid
overflowing conditions with a minimum twice per week collection; two true and accurate copies
of said contract shall be furnished to the director or his/her designee. The container must be
capable of holding a minimum of one week's collection of solid waste for the number of units or
size and activity of business establishment being served.
The following standards for dumpster size and frequency of collection will be enforced. (7-30
gallon cans = 1 cubic yard):
# of Units
Container
Capacity
Minimum
Frequency
1-8
2 cy
2 X week
9-16
4 cy
2 X week
17-32
6 cy
3 X week
33-48
8 cy
3 X week
Over 48
8c
5 X week
Note: Frequency will increase depending on amount of garbage generated. All equipment
utilized by a franchised private hauler shall comply with the requirements and provisions of this
chapter. All containers shall be screened from the direct view of the adjacent property owner.
The department reserves exclusively the right to collect solid waste from any city governmental
facility, or any facility constructed or erected on city -owned or leased property, regardless of
location.
Sec. 22-15. Educational trust fund established from recycling program for scholarships to
children of certain city employees; conditions for implementation.
The moneys received by the city from the recycling of newspapers and other
salvageable materials (`recycling program") shall be separately received, maintained and
accounted for in an independent fund account to be held in the same manner as a trust account
by the city for an educational fund hereby established upon the conditions as set forth in this
section. The funds received, pursuant to the city's recycling program, shall be the subject of a
separate appropriations ordinance to be adopted by the city commission and separately
administered by appropriate personnel of the city. Upon the accumulation of $1,000,000.00 in
funds received through this recycling ^^11e^+�program, all interest, as it accrues upon such
principal amount, shall be utilized, subject to the sufficient accrual of interest, to pay for up to
five (5) scholarships awarded to the employees of the department and up to ten 10 fu 4
scholarships to college level educational institutions to be awarded annually by the city
commission to the employees of the department, and the children and/or legal dependants of
said employees of the department of Gitysolid%te depaptmBR , as determined by the city
commission to have the greatest need for such scholarships; each scholarship award shall not
exceed $3,000.00 annually. In the event the interest accrued upon the $1,000,000.00 in this
fund is insufficient to pay for the full amount of each scholarship, a lesser amount of scholarship
will be awarded by the city commission. for five (5) sghelarshins warded to emplel„ee of th
atm aRRUal basic a lessor ameuRt of full sehelap hin
Awards will be based on recommendations from the director
of the solid waste department. Said recommendations Deee., Feer datiGR6 will be made based
upon criteria established by the director of the solid waste department and approved by the city
City of Miami Page 7 of 17 File Id: 10-00990 (Version 1) Printed On: 09/0212010
commission. The director of finance fiRaRGG ^'fP8Gt9 , or their designee, shall make financial
reports regarding the status of such fund to the city commission, at its request. The city
commission may authorize the city administration to establish additional criteria for selecting
eligible qualified recipients from the department. fre.m ami g ch+ldreR of depaptmeRt 8MPIG„SeS.
Sec. 22-19. Recycling programs required for multi -family residences of four units or more.
From the effective date of this ordinance. a multi -family residence of four units or more shall
provide for a recycling program which shall be serviced by a permitted franchisee as determined
by the city commission and shall include, at a minimum. the following five (5) listed materials:
Recyclable materials: multi -family
(1) Newspaper
(2) Glass (flint, emerald, amber)
(3) Aluminum cans
(4) Steelcans
(5) Plastic (PETE, HDPE -natural, HDPE -colored)
The failure of a multi -family residential establishment to provide a recycling program pursuant to
section 22-19 (a) or a modified recycling program pursuant to section 22-21 shall constitute a
violation of this section, for which the property owner(s) shall be liable, provided, however, that
in the case of a condominium or cooperative apartment, having a condominium association or
cooperative apartment association, said association, rather than individual unit owners, shall be
liable for any such violation.
Sec. 22-20. Recycling programs required for commercial property; ioint and several liability.
It shall be the responsibility of the owner, occupant, tenant, or lessee of the commercial
establishment to properly dispose of all recyclable material generated by such commercial
property. From the effective date of this ordinance, every commercial property shall provide for
a recycling program which shall be serviced by a franchisee, as determined by the city
commission, and shall include a minimum of three (3) materials of its choice selected from the
following list:
Recyclable material: commercial property
(1) High grade office paper
(2) Mixed paper
(3) Corrugated cardboard
(4) Glass (flint, emerald, amber)
(5) Aluminum (cans, scrap)
(6) Steel (cans, scrap)
(7) Other metals/scrap production materials
(8) Plastics (PETE, HDPE -natural, HDPE -colored)
(9) Textiles
(10) Wood
City of Miami Page 8 of 17 File Id: 10-00990 (Version 1) Printed On: 09/0212010
The failure of a commercial property to provide a recycling program pursuant to section 22-19 or
a modified recycling program pursuant to section 22-21 shall constitute a violation of this section
for which the property owner(s) shall be liable, and the commercial business owner(s) and
operator(s) of this commercial property shall be jointly and severally liable. Any penalties
imposed pursuant to this section may include an administrative fee imposed pursuant to section
22-93 of this chapter.
Sec. 22-21. Modified recyclinq programs allowed.
Recycling programs which incorporate modifications substitutions, or reductions to the
requirements of section 22-19 and 22-20 may be submitted to the department for approval.
Approval, rejection, or approval with conditions of the proposed modified recycling program shall
be determined by the department. The department shall consider the following factors in
evaluating the proposed modified recycling program:
(1) Whether the establishment operates a recycling program, and is self -hauling the
materials to a recyclable vendor.
(2) Whether the establishment generates a lesser number of recyclable materials than the
reauired minimum.
(3) Whether the establishment generates and recycles materials not listed in section 22-19
or section 22-20 above, as applicable.
(4) Whether the establishment is contracting with a franchisee for collection services, which
provide for a post -collection separation of recyclable material, and which:
(i) Generate recyclable materials which comply, in kind and quantity, with the
recycling requirements provided for in section 22-19 or section 22-20 hereof, as applicable; and
(ii) Utilize a materials separation facility which is permitted in accordance with all
applicable federal, state, and local laws.
(b)
Any person seeking approval of a modified recycling program shall submit an application in
such a form as is prescribed by the department. All modified recycling programs shall be
reviewed on a semiannual basis and applicants shall be reauired to confirm or revise the
information contained in their applications at that time.
An application for approval of a modified recycling program shall include but not be limited to,
the following documentation, as appropriate to the specific application:
1) Supportinq documentation to evidence self -hauling, activities, which shall include proof
of source -separation activities and copies of receipts from recyclable material purchasers.
(2) A waste composition study of the waste generated by the applicant, which shall cover a
representative time period of not less than two (2) weeks.
(3) A copy of the applicable contract with a post collection separation facility, specifying
materials and volumes recycled which are attributable to the applicant.
City of Miami Page 9 of 17 File Id.- 10-00990 (Version 1) Printed On: 09/02/2010
Sec. 22-46. Engaging in business of solid waste collection and disposal; issuance of franchise
agreement to private solid waste collectors.
(f) The franchise(s) shall be granted only after the applicant for the franchise has
responded successfully to the request for qualifications and filed with the : Glia --waste
de^;i purchasing department, an application, and such other documentation as may
reasonably by required to establish that the applicant meets all of the requirements delineated in
this chapter.
(g) The franchise(s) shall initially be granted for a period of five years, with ene three one-
year options to renew, upon approval of the application by the sGlid waste de^a�mG^F city
commission. The option to renew any franchise(s) for the additional three one-year periods
shall be at the sole discretion of the city.
Sec. 22-47. Application for franchise.
Applications for a franchise shall be made to the purchasing department upon such form
and in such manner as shall be prescribed by the director of purchasing to elicit the following
information and to be accompanied by supporting documents and such other information as
may be required by the purchasing department.
(2)
Character of applicant. The applicant for a franchise under 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, shall be of good moral character. In making
such determination the following information, which shall be submitted by applicant, shall be
considered:
a.
Penal history. If the applicant is an individual, a record of all convictions and the reasons
therefore shall be provided by the applicant. If the applicant is other than an individual, then the
record of all convictions and the reasons therefore of the principal controlling officers of
applicant shall be provided. Provided, however, that in the case of a publicly held corporation
having 25 or more shareholders, then only the aforementioned information applicable to its local
managing officers shall be required.
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 R a shall be
obtained from the Gity peliGe depaFt GRt a public agency.
C.
Business history. Whether such applicant has operated a solid waste collection removal
business in this or another state under a franchise, permit or license and if so, where and
City of Miami Page 10 of 17 File Id: 10-00990 (Version 1) Printed On: 09/02/2010
whether such franchise, permit or license has ever been revoked or suspended and the reasons
therefore.
d.
Existence of business entity. If the applicant is a corporation, applicant shall submit proof
of incorporation in 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 ether than a ,.,,PpGpatir,r, and is operating under a fictitious name,
applicant shall be required to submit information that such fictitious name is registered and held
by applicant.
(3)
Equipment and method of operation. The applicant for a franchise 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 following
information:
(6)
Limitation on hours of operation. Private waste collection operators franchised by the city shall
service their accounts, located within 100 feet of residential districts only between the hours of
7:00 a.m. and 11:00 p.m., except as determined and defined by the director. Commercial
corridors as determined by the director.
(7)
Application form. Each application for a franchise shall be made on a standard form
promulgated by the director of purchasing and shall include an affirmation that the applicant will
comply with this chapter in all respects.
(8)
Review and issuance. The completed application shall be submitted to the purchasing
department. Upon receipt of a completed application, the direeter ^r the rdirontGrS GISSigRatSd
roProceRtativo director of purchasing shall review said application and, if satisfactory in all
respects, shall issue the required fraAnhioo make recommendations to the city commisson.
Sec. 22-48,_ Denial of application.
Should the director of purchasing propose denying an application for a franchise, the
applicant shall be notified of such denial by certified mail not later than 14 days „-fesrip or to the
director of purchasing making takes such aGtiGR recommendation to the city commission. The
notice of denial shall contain a statement of the reasons why the application was „ d is being
recommended for denial.
Sec. 22-49. Appeal from the depaFtM8Rta4 recommended denial of franchise; appeal from
revocation of franchise.
(a)
The recommended denial erg of a franchise by the director of purchasing may
be appealed to the city commission maRager eF the—Gity maRageP'S G186i . The notice of
City of Miami Page 11 of 17 File Id: 10-00990 (Version 1) Printed On: 09/02/2010
appeal shall be filed in writing with the diF8Gt9r purchasing department no later than 14 days
after the receipt of the certified letter advising applicant of the proposed denial .
(b)
The director of purchasing shall fix the date nerd time fer schedule a public hearing for
the appeal. Said hearing shall be held not less than 14 nor more than 60 days after receipt of
the notice of appeal. The city commission mapager GP tkie Gity' rrerageF's designee shall either
affirm the decision of the purchasing director or direct the purchasing director to issue e;
reipc the franchise.
The revocation of a franchise by the director of solid waste may be appealed to the City
Manager or the City Manager's designee. The notice of appeal shall be filed in writing with the
City Manager with a copy addressed to the director of solid waste no later than 14 days after the
receipt of the certified letter advising franchisee of the revocation.
The City Manager or the City Manager's designee shall fix the date and time for hearing
the appeal. Said hearing shall be held not less than 14 nor more than 60 days after receipt of
the notice of appeal. The City Manager or the City Manager's designee shall either affirm the
decision of the director of solid waste or direct the director of solid waste to reinstate the
franchise. Should a revocation and/or reduction in the number of franchisees occur, the City
Commission may add additional qualified applicants to the approved franchisee list provided
that said list does not exceed the number of previously approved franchisees.
Sec. 22-50. Franchise fees; permit per account fee(s); annual franchise fee; annual specialized
waste handling fee:; annual safety inspection fee(s).
(a)
Each and every franchisee shall pay a permit per account fee aRRuall of $75.00 for
each account and each roll -off e#eeti�e commencing October 1st of every new fiscal year to
those accounts and roll -offs boeLerd as of QGteber Ils't pf eyepi that are acquired or maintained
throughout the new fiscal year with whom they contract for the provision of commercial solid
waste services and/or specialized waste handling services, including each container and/or roll-
off utilized by franchisee in the course of providing solid waste services. The franchisee may
only pass on an amount not to exceed $38.00 of said permit per account fee to each contracted
customers. Said permit per -account fee shall not be transferable. EffeGtive-08tE)be 4, the
annual pepied will j,ppiR QGteberast and eR d September KtI4
(d)
Beginninq October 1, 2010, each and every franchisee shall pav the Citv an annual
$500.00 per vehicle inspection fee. This is a regulatory fee as referenced in Section 166.221,
Florida Statutes. This fee is for the municipal inspection of the vehicles being used by
franchisee within the City. The inspection of each vehicle will occur not less than on an annual
basis. The applicable vehicles are those operated by franchisee within the City boundaries.
The vehicles will include, but are not limited to, roll -offs, grapple trucks, front and rear end
loaders, vactor trucks, dump trucks, trailers, and anv other vehicles used for business, collection
and disposal of any debris by the franchisee.
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Certified recovered materials dealers excluded from local franchise requirements
pursuant to F.S. § 403.7046 shall be required to pay a registration fee as determined by the
director of the department for an annual period which will begin October 1st and end September
30th of each year.
Sec. 22-53. Information required of franchisees.
(a)
At least annually, but e# mere fro^, eRtl„ +hag qua4e4, and as determined by the
director, each franchisee shall supply the following information on a form and in the manner
prescribed by the director:
(1) A listing, as of the reporting date, of the names and addresses of customers, the
addresses of each location served.
(2) The #c lend' of sere An accounts receivable aging report for each customer
within the city.
(3) The number and capacity of each dumpster and compactor per account.
(4) The address serviced by each dumpster and compactor.
(5) The list of accounts within the city for which hand collection of bags/cans is
provided.
(6) The listing of city of Miami accounts that were charged -off as bad debts.
(b) I
No property owner may share an account with another property owner.
Sec. 22-56. Franchise fee requirement; monthly franchise fee payment; approval by direste
city commission as a prerequisite to issuance; financial statements, list of accounts; account
permit fees; roll -off permit fees.
(b) Effective October 1, 1994, all city -franchised commercial solid waste haulers will be
required to pay to the city a franchise fee of eight percent of the franchisee's monthly total gross
receipts. Said franchise fee shall be increased to 12 percent effective October 1, 1995, and to
15 percent effective October 1, 1996. Said franchise fee shall be further increased to 22
percent, effective October 1, 2004 Said franchise fee shall be further increased to 24 percent,
effective October 8, 2009. The franchisee shall, on or before the last day of each month, deliver
to the city finance department a true and correct statement of gross receipts generated during
the previous month from its services rendered within the city on or before the last day of each
month. Payments of said fee shall be made on a monthly basis to the city finance department,
on or before the last day of each month, representing gross receipts collected the previous
month. The franchisee shall on or before &8 ninety (90) days following the close of each fiscal
year deliver to the director a certified statement of its annual gross receipts and charge-offs
generated from accounts within the city prepared by an independent certified public accountant
("CPA"), admitted to practice in the State of Florida. reflecting gross receipts within the city for
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the preceding fiscal year. The CPA statement shall render an unqualified opinion. based on the
result of the audit, relative to the franchisee's accounting of all revenues, fees and charge-offs
generated from accounts and activities within the city limits. The franchisees will allow city
auditors, during regular business hours after reasonable notice, to audit, inspect and examine
the franchisees' fiscal books and records and tax returns, insofar as they relate to city accounts,
to confirm the franchisees' compliance with this section. In the event the franchisee fails to pay
the full franchise fee percentage of the franchisee's total monthly gross receipts, the city shall
charge a penalty of one and one half percent per month on the outstanding balance until paid
and additionally the franchisee shall have to pay all expenses of collection, including court costs
and reasonable attorneys fees.
(c) To effectively provide for the payment of said franchise fee by the franchisees to the city,
any person seeking to renew his annual local business tax receipt pursuant to the provisions of
chapter 31 of this Code shall, in addition to the requirements set forth therein, provide the city
finance department with evidence of all fees imposed by the provisions of this chapter as a
condition to reissuance or renewal of said business permit.
(d) Issuance of a franchise shall require city commission approval
appliGatinn fGPM for the franchise referenced in section 22-47 of this chapter.
Sec. 22-57. List of qualifications for franchises; term; nontransferability; rules and regulations;
test, inspections and audits.
(a) AftefAiRe-1, 1988, the The city &ha4 may franchise commercial solid waste haulers as
defined herein to provide service to commercial establishments as set forth in this article. The
franchises issued, however, shall not limit the right to renew local business tax receipts prior to
the effective date of this amendment and, further, will not impair existing written contracts
between a franchisee and that of a commercial establishment which are in full force and effect
on the effective date hereof and said contract does not exceed the effective date of the
franchise. Each applicant for the franchise shalt respond to a request for qualifications issued by
the procurement department c6 i�t, iiR A'Fi�`J'p a list ef its qu li fiGatiGRc Ranh rS+ of fhoThe
request for qualifications shall include, as minimum qualifications to be considered in the
granting of such franchise:
(b) Term. Said franchise shall be valid for a period of five years from date of issuance with
one three-year option to renew, and, at the expiration or earlier cancellation or revocation
thereof, the diFester city may choose to accept applications for a new franchise conditioned and
limited as noticed above or, in the alternative, renew the permit issued for an additional three
one-year option periods then year ^ori^,. The option to renew said franchise for the additional
three-year period shall be at the sole discretion of the city. In deciding to issue a new franchise
and/or accepting applications from applicants for a franchise, the 2ity-4i�ester will consider the
following factors:
(1) The franchisee's full and faithful compliance with the terms of this chapter;
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(2) The franchisee's and/or applicants who best meet the qualifications established by this
section for the issuance of the franchise; and
(3) The current garbage, trash and waste disposal needs of the city, including, without
limitation, population, demographic and geographic needs.
(c) Transferability. The franchises granted pursuant to this section shall not be transferable
by way of assignment, sale, pledge, or other conveyance. Upon change of ownership, including
transference of a majority (51 percent or more) of stock and/or partnership shares, of any
company to which a franchise has been issued, a new franchise will be granted by the city
commission diPeGte if the new owner satisfies the requirements of this article.
Sec. 22-58. Revocation of franchise.
(c) The director may revoke a franchise for a violation or violations as aforementioned and
may immediately declare such franchise null and void, and upon such declaration, franchisee
shall immediately cease all operations, and shall be considered to have forfeited said franchise
and the rights acquired thereunder. Should the director decide to revoke a franchise, he/she
shall provide the franchisee with notice of such revocation and the reasons #�e�therefcre.
Upon receipt of such notice, the franchisee 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 procedures set forth in section 22-49.
Section 3. Chapter 2/Article X/Section 2-89 of the City Code, as amended, is further
amended in the following particulars: {1}
"CHAPTER 2
ADMINISTRATION
ARTICLE X. CODE ENFORCEMENT
Sec. 2-829. Schedule of civil penalties.
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(b) The "descriptions of violations" below are for informational purposes only and the civil
penalties attached are meant only as proposed figures not intended to limit the nature, number
of or amount of fines to be imposed for the violations which may be cited in this section. To
determine the exact nature of the activity prescribed or required by this Code, the relevant Code
section, ordinance or treatise cited in the specific violation must be examined.
CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
Code
Section
Description of Violation
Civil
Penalty
2-207
Failure to have a valid certificate of use.
$105.00
2-265
Construction in right-of-way, nonconforming with public works
standards.
210.00
10-63
Maintaining a vacant, blighted, unsecured or abandoned structure
1,050.00
17-72
Failure to obtain permit to trim trees located in the public right-of-way.
52.50
17-72
Failure to obtain required permit for removal of trees located in the
public right-of-way.
525.00
17-73
Failure to obtain permit to break, deface, cut, disturb, or interfere in any
way with the roots of any tree, shrub, or vine in a public highway or
park.
210.00
17-76
Failure to place guards around all nearby trees, shrubs or vines in a
public highway or park during construction of a building.
210.00
17-77
Placing injurious substances on or near tree roots.
525.00
19-2.1
Failure to have valid fire safety permit.
105.00
19-3
Failure to obtain public assembly permit.
105.00
19-4
Obstructing a required means of egress.
105.00
19-5
Failure to obtain flammable combustible liquids permit.
105.00
19-5(d)
Failure to obtain required inspection of flammable liquids tanks/devices.
105.00
19-6
Failure to obtain explosives permit.
105.00
19-7
Failure to obtain fireworks permit.
105.00
19-26
Violation orders not corrected.
105.00
22-19
Failure by multi -family residential establishment havinq up to 25 units to
300.00
provide a recycling program in compliance with the requirements of
Section 22-19.
22-19
Failure by multi -family residential establishment having between 26
650.00
units and 100 units to provide a recycling program in compliance with
the requirements of Section 22-19.
22-19
Failure by multi -family residential establishment having 101 or more
950.00
units to provide a recycling program in compliance with the
requirements of Section 22-19.
22-20
Failure by commercial establishment having up to and including 3,000
300.00
square feet to provide a recycling program in compliance with the
requirements of Section 22-20.
22-20
Failure by commercial establishment having more than 3,000 and less
650.00
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Section 4. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty (30) days after final reading
and adoption thereof. {2}
JULIE 0. BRU
CITY ATTORNEY
..Footnote
{1} Words and/of figures stricken through shall be deleted. Underscored words and/or
figures shall be added. The remaining provisions are not in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor
within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it
shall become effective immediately upon override of the veto by the City Commission or upon
the effective state stated herein, whichever is later.
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than 10,000 square feet to provide a recycling program in compliance
with the requirements of Section 22-20.
22-20
Failure by commercial establishment having more than 10,000 square
950.00
feet to provide a recycling program in compliance with the requirements
of Section 22-20.
Section 4. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty (30) days after final reading
and adoption thereof. {2}
JULIE 0. BRU
CITY ATTORNEY
..Footnote
{1} Words and/of figures stricken through shall be deleted. Underscored words and/or
figures shall be added. The remaining provisions are not in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor
within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it
shall become effective immediately upon override of the veto by the City Commission or upon
the effective state stated herein, whichever is later.
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