HomeMy WebLinkAboutpre ordinance 2ORDINANCE # 12258
JUN-29-2004 16:00
CITY CLERKS OFFICE
305 856 1610 P.02
J-02-448
7/24/02
ORDINANCE NO.
- 12258
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 22/ARTICLES I, II, AND III,
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED " GARBAGE AND OTHER SOLID
WASTE/TN GENERAL/REGULATION OF PERSONS
ENGAGED IN COMMERCIAL WASTE
COLLECTION/ENFORCEMENT AND ADMINISTRATION TO
UPDATE CERTAIN SECTIONS AND PROVIDE FOR MORE
STRINGENT ENFORCEMENT OF LITTER VIOLATIONS;
MORE PARTICULARLY BY AMENDING SECTIONS
22-1,22-2, 22-4, 22-6, 22-7, 22-12, 22-14,
22-15, 22-18, 22-46, 22-47, 22-50, 22-52,
22-53, 22-54, 22-55, 22-56, 22-57, 22-P7,
22-92, and 22-93 OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 22 of the City Code was amended to reflect
the replacement of the Regulatory Commercial Solid Waste Hauler
process with that of a Nonexclusive Commercial Hauler Franchise
Agreement; and
WHEREAS, the residential solid waste fees were adjusted
since the City Code was last amended; and
WHEREAS, certain language that applies to the Nonexclusive
Commercial Hauler Franchise Agreement requires clarification; and
12258
JUN-29-2004 16:00 CITY CLERKS OFFICE
305 858 1610 P.04
WHEREAS, certain sections of Chapter 22 require revision as
a result of previous code amendments and subsequent
administrative actions:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF, MIAMI, FLORIDA;
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. Chapter 22, entitled "Garbage and Other Solid
Waste" of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars:If
"Chapter 22
Garbage and Other Solid Waste
Article I. In General
Sec. 22-1. Definitions.
For the purpose of this chapter, the definitions
contained in this section shall apply unless otherwise
specif'icalLy stated.
*
Cart -on --wheels; The words "carton -wheels" shall refer
to the 9-gaaQn containers issued to residences by the
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
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City for automated garbage callectiora and are required
to be used, once issued.
Certified recovered materials dealer. The words
"certified recovered materials dealer" shall mean a
dealer certified under §403.7046, Fla. Stet,, who
handles, urohases receives, recovers, sells or is an
end user of recovered materials as defined herein.
Construction and demolition debris. The words
"construction and demolition debris" shall mean
materials generally considered to be not water soluble
and nonhazardous in nature, including, but not limited
to, steel, glass, brick, concrete, asphalt roofing
material, pipe, gypsum wallboard, and lumber, from the
construction or destruction of a structure as part of a
construction or demolition project, and including
rocks, soils, tree remains, trees, and other vegetative
matter which normally results from land clearing or
land development operations for a construction project,
including ,such debris from construction of structures
at a site remote from the construction or demolition
project site Mixing of construction and demolition
debris with other types of solid, waste, including
material from a construction or demolition site which
is not from the actual construction or destruction of a
structure, will cause it to be classified as other than
construction and demolition debris, The terra also
includes: clean cardboard, paper, plastic, wood na d
metal scra s from a construction roiect; (b) except as
provided in 403.7p7(7.2 j), Fla, Stat., unpainted,
nontreated wood scraps from facilities manufacturi
Lla
materials used for construction of structures or their
pcomponents and unpainted; nontreated wood pallets
rovided the wood scraps and pallets are separated from
other solid waste where •enerated and the generator of
such wood scraps or pail is implements reasonable
p ctices of the generating industry to minimize the
c2rmmin tin of wood scraps or pallets with other solid
wa te; and (o) De minj.mis amounts of other nonhazardous
wastes that are enerated at construction or
destruction ro ects rovided such amounts are
consistent with best mane ement ractices of the
industry.
Construction and demolition debris collector_ The
words "construction and demolition debris collector"
shall mean any flootirdee commercial solid waste
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JUN-29--2004 16 c 01
CITY CLERKS OFFICE
305 eye 1610 P.06
oriteot Tr franchisee who collects, transports or
disposesof construction and demolition debris and
shall be subject to a registration fee as provided for
§403.7046, Fla. Stat.
*
Department. The word "department" shall mean the City
of Miami department of solid waste the Florida
Department of Health and the Florida De artment of
Environmental Protection.
*
*
*
Franchisee. The word "franchisee" shall mean a private
commercial solid waste/firm granted a nonexclusive
franchise by the City of Miami Department of Solid
Waste, 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 plastid 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 3496 gallons, having at least two handles upon the sides
thereof, sufficiently strong for workmen to empty
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 shah, be free
of jagged or sharp edges.
Hazardous waste collector. The words "hazardous waste
collector" shall mean any private solid waste
contractor who collects, transports or disposes of
hazardous waste and shall be subject to a registration
fee as rovided for in §403,7046, Fla, Stat.
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CITY CLERKS OFFICE 305 658 1610 P.07
industrial waste collector. The words "industrial
waste collector" shall mean any private solid waste
contractor who collects, transports or disposes of
industrial waste and shall be subject to a registration
fee as provided for in_403.7046, Fla. Stat.
*
*
*
w
Local 3 veraunent registration .fee. The term local
government registration fee shall mean the annual,
October through September 30t1`, charge assessed by
the cit to recovered materials dealers commensurate
with and no greater than the cost incurred to establish
and operate a re . strraticn and re orting process
limited to the re ulations re ortin format acid
reporting frequency pursuant to §4O3 .'7a4ea, Fla. Stet,
with regard to recovered materials, their collection
and disposal of same from commexcia . properties ILithin
the city.
* * * *
N'onexc1unive franchise. The term
franchise" shall mean a non-exclus
privilege granted to a qualified firm
Provide solid waste, construction
material, and recyclable collection
services to commercial and non --resident
as defined in this; chapter, in, upon,
the present and future streets, alleys
other public places of the city.
*
*
* *
"nonexclusive
ive right and
to contract to
and demolition
and disposal
ial properties,
over and across
, easements and
Permit per account fee. The term "permit per account
fee" shall mean the annual, October l't to
September 30th, charge assessed by the city to non-
exclusive franchisees for each account with which the
provision of commercial solid waste services is
contracted and for each container and/or roll -off
utilized by franchised commercial haulers in the course
of the provision of solid waste services. Permit per
account fees established after October 1a—will be
assessed an a monthly pro rata basis.
* *
Posting. The word "Posting" shall ineara to dig la by
uttin u an ro ert in s public place of view.
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-12258
JUN-29-2004 16 : 02 C I TY CLERKS OFF I CE
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Reo olable ma ter.ia1. The
shall mean those materials
recycled and which would
dispc .sed of as solid waste.
term recyclable material
which are capable of being
otherwise be rocessed or
* *
Recovered matex'ia/s shall mean metal, paper, glass,
lactic, textile, or rubber materials that have known
rec+cling potential, can be feasibly rec sled, and have
been diverted and source separated or have been removed
from the solid waste stream for sale, use, or reuse as
raw materials, whether ar not the materials re airs
subse uent or separation from each other,
---�_.�._ pracessin
but does notincludematerials destined for any use
that constitutes disposal. Recovered materials as
described above axe not solid waste,
*
it
Roil-off/container. The term "roll-off/container"
shall mean a metal container, compacted or open, with a
minimum capacity of ten cubic yards, designed and used
by nonexclusive commercial solid waste haulers for the
collection and disposal of construction debris and/or
large quantities of trash and/or bulky waste, but not
garbage or commercial refuse.
* *
Source separated. The term source separated shall mean
the.recovered materials are separated from solid waste
where the recovered materials and solid wash are
generated. The term does not re wire that various
Aes of recovered xnater,ials be se axated from each
other and recognizes de minimis solid waste, in
accordance with industry standards and eiraotices, may
be included in the recovered materials. Materials are
not considered source separated when two or more t 'es
of recovered materials are deposited_ in combination
with each other in a commercial olZection container
located where the materials are aenerated and such
materials contain more than 1Q •ercent aaZid waste b%
volume or weight. For purpos :s of this subsection, the
term "various types of recovered materi,
means
metals, �1�5s, lactic, textiles, and rubber.
*
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Special non-residential trash collection. The term
"special non-residential trash collection" shall mean
yard and garden trash weighing more than 50 pounds, too
lax e to be containerized for commercial collection,
clean and free of dirt, rocks trash and an other
debris. It includes accumulations from major tree
cutbacks (exceeding ten inches in diameter and four
feet in length and weighinn more that 50 pounds).
Collection b the Cit must be approved. and J scheduled
b y de artment p lcr to_ se out or fines will be
incurred. .�-
Specialized waste handler shall mean those com anies
whose primary business is limited to collecting and
disposing of solid waste that requires smecial handling
and management, including,_ but not limited, to white
pods, waste tires, used oil, lead -acid batteries,
construction and demolition debris, ash residue and
biomedical and biological waste.
Specialized waste hand. The term "specialized
waste handling" shall, mean l ee---eempanLe --w
o ---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, yrve
txaalg biomedical and biological waste.
Specialized waste .handling pewit nonexclusive
franchise fee. The term "specialized waste handling
permit nonexclusive franchise fee" eha1Z mean the
annual fee paid to the city for the right to conduct
specialized waste handling services in the city.
*
*
Temporary roll-off/container permit fee The term
"temporary roll-off/container permit fee" shall mean
the e o time charge paid ever 90 days the account
remains active, per account to the city for each large
container and/or roll -off utilized by franchisees to
provide contracted removal and disposal, of waste from
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305 850 1510 P.10
commercial constructions and demolition, renovation and
other similar accounts which are of a to porar/ nature.
* *
Sec. 22-2.
Collection services, container usage,
condition and requirements for placement
location; city and commercial solid
waste services.
(a) Garbage from single and multifamily
residences of three units or less shall be collected,
conveyed and disposed of by the city twice a week.
Hours and days on which containers are to be collected
shall be as prescribed by the director. All small
trash, containerized waste, and garbage to be removed
by the city shall be placed at curbside in front of the
property for removal by the city a$ scheduled by the
director, in such a manner as not to obstruct
peieatrian passage or impede collection by city forces.
The director may make exceptions to these rules to
accommodate disabled and elderly persons. Each
residence in the city shall have a sufficient number of
garbage cans, plastic bags or portable containers to
accommodate all garbage, small trash or rubbish to be
removed by the city. Should the City implement a semi
or automated residential garbage and small trash
collection system garbage and small trash will be
2laced only in the container rovided by the City for
this ur (nee. Containerized arba e shah, be laced at
curbside no 1.A:a_.E__t12q__EL(22____kjq___maraaeaa of
scheduled collection and no sooner than the nj.ght
before.
(b) Every commercial property shall utilize the
waste collection services of a franchisee authorized to
perform such services by the director. 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
commercial property. Each commercial such
property
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 t4 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 shall, be as
follows: 1-8 Units - 2 CY @ 2 X per weeks 9-16 Units -
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4 CY @ 2 X per week; 17-32 Units - 6 CY @ 3 X per week_;
and 33-48 [Units - 8 CY @ 3 X_per week,
(c) The garbage or trash container site for
commercial properties shall:
*
(2) Be a platform constructed of weed or concrete
above ground level in the case of a
commercial property, and shall be lake
enough to accommodate an appropriately sized
dumpster for the facility being serviced;
(4) Be screened from any street, alley, sidewalk
or adjacent property. Such screening shall
be maintained in perpetuity by the property
owner, Screening shall be constructed of
chain link fencing with slats (cyclone
fencing) or wood_jicket fencing.
Franchisees will be responsible for ing
servicing of containers until such time as they have
been removed. Commercial multifamily properties
without service will be subject to administrative and
service fees imposed pursuant to section 22-93 herein,
should the city be required to provide service the
property owner will be invoiced for service as required
and at the cost associated with the unit structure
provided in b) of this section.
*
(g) Newspapers and other salvageable materials
defined as aluminum cans, glass -psi -ctth bottles,
ee*eiboeed bo*se, metal and tin cans, end
nd i. o•-co shall be separated from all other
solid waste materia l bun hod lay
being placed in ai upping or other kraft bz ga, cardboard
and may be_placed in the container
a-s-de erred• -,a te epee e o-br re-d . root o� - i a el- Got swa 1 y
provided by the City for these materials or otherwise
be recycled.
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- 12258
JUN-29-2004 15003 CITY CLERKS OFFICE
305 85a 1510 P.12
(i) Cornmercial ro ert owners may request
special collection of large yard and harden trash as
defined herein b the de artment by calling for
approval and scheduling., riox to setting cut material.
a�a No proval by thedepartment director or designee
will be issued, for said premise until the director has
made a finding of com Hance with the terms of this and,
all other chapters of the Cit Code and other
applicable regulations and laws.
*
Sec. 22-4. Plans for waste storage on certain
premises to be approved before issuance
of building permit proof of commercial
solid waste service before issuance of
Certificates of Use or Qccuancy.
Before building permits may be issued for
construction of commercial property, as defined in this
chapter, plans for storage of refuse must be approved
by the director or his/her designee as to location,
accessibility, and number or adequacy and the _permitee
has provided proof of a contract with an a roved
commercial solid waste franchisee for construction
debris containers to store and remove debris.
No Certificate of Use or Occupancy will be
rovided until a licant ha.s provided proof of a lease
agreement containing or a contract for commercial solid
ItLs_e_fly.lse,L2Lq.ILJL.I.p.p,roved commercial solid waste
franchisee. No certificate of occupancy shall be
issued for said premises until the director has made a
ftndin of compliance with the terms of this chapter.
*
*
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 franchise declared public
nuisance; presumption.
*
* *
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JUN-29-2004 16:04 CITY CLERKS OFFICE
l
305 059 1610 P.13
(i) Noncompliance with any section shall be
punishable in a manner as rQvided in Sections 22-6 and
22:92. Nloncompliance may result in the citt's taking
such action as it deems apPropriate under thy, circumstances, and a lien shall be imposed against the
property for recovery of all costs involved.
(j) The following_ civil fines shall be imposed
for violations of this Section. (1) First citation,
50 , 00_fine; (2 ) Second ration $100. 00 fine; 3)
Third Fine, $500.00 fine.
(k) Pursuant to the provisions of §403.413, Fla.
Stat., the Florida Litter Law,
the Sanitation
Inspectors are desi nated as litter enforcement
officers of the cit far the ux oses of enfoxcin�r §403.413, Fla. Stat. and Section 22-6 herein. Such employes are desi nii-e-(71-77-1----air as litter enforcement officers
Sec. 22-7. Method of transporting waste.
It shall be unlawful for any person to haul,
convey, or cause to be hauled or conveyed., any solid
waste including 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 vehicles.
No person shall drive or move any vehicle tar 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 of any kind. It shall be a violation of this
chapter for any person, firm or corporation not holding
a valid nonexclusive commercial solid waste franchise
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. 22-12, 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
herein. These fees shal], apply to all single and
multifamily residences of three units or less within
the city and shall serve to defray the cost of waste
Page 11 of 27
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SUN-29-2004 16:05 CITY CLERKS OFFICE
305 85e 1610 P.14
collection and disposal. Effective October L, 1999,
the city may utilize the uniform method of collection
pursuant to §197, Fla. Stat., whereby residential unit
owners shall pay for residential solid waste collection
services on the tax bill, in accordance with the
provisions of §197, Fla. Stat., 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, as follows:
Fiscal Year Annual. Fee
1998--J.999 $214 , 00
1999--2000 234.00*
2000--2001 $325.00
2001--2002 $325.00
2002--2003 $365.04 $325.00
2003--2004 $385.00
2004--2005 $405.00
* The increase in the waste fee for Fiscal Year
1999-2000 (from $216.00 to $234.00), approved
pursuant to ordinance No. 11845, adopted October
12, 1999, shall k+coomc became due and collectable
by the City of Miami Department of Finance as of
April 1, 2000. The increase in the waste fee for
Fiscal Year 2000-2001 (from $274.00 to $325.00),
approved pursuant to Resolution No. 00--802L
adopted September 14, 2000, became due and
collectable b the City of Miami Department of
Finance as of October 1, 2000. Annual increases
projected in Five Year Financial Recovery Plan
include $20.00 per ve j, der sin7le--fami1v unit
billed.
*
(c) Notwithstanding any Code provision to the
contrary, commencing effective October 1, 1987, said
date reflecting the date when the city was fully
performing the services set forth below, an annual fee
termed Su lementa1 Waste Fee, is hereby assessed
against all provision of public right-of-way cleaning
services by the city in accordance with the following
schedule of services set forth below. "Daily" as used
in this subsection means weekdays, Monday through
Friday.
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(1) Removal of illegally dumped materials or
debris.
(2) Main thoroughfares and designated residential
corridors in the city will be swept on a
�bily bacio on a scheduled or as needed
basis, as determined by the director of the
department.
(3) All Litter containers will be serviced,
repaired or replaced and cleaned on a e�aily
basic-and cleaned on a scheduled or as needed
basis, as determined b the director of the
d. rtment .
(4) Sidewalks in the city will be cleaned as
needed.
(5) Approved Special Non -Residential Trash
Collection Services will be collected by the
city , i f cleaned bundled and/or ba ed and
Laced at curbside in front of the ro ert
that o nerated it on the scheduled
residential trash collection _day.,
Sec. 22-14. City and commercial collection of solid
waste,
(b) The director 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 include garbage,
trash and bulky waste collection and the number of
collection days per wesek. In addition, the contract
must specify a minimum of a two cubic and (2 CY)
container or containers of sufficient capacity so as to
avoid overflowing conditions with a minimum twig: 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.
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The following standards for dumpster size and
frequent of cQXlection will be enforced.(7-30 gallon
cans - 1 cubic yard):
# of Unirs
Containe.x' Capacity Minimum Frequency
-8 " _ 2 x week
�� $ cy 2 x week
1T-2 -g 8 6 C 3 x week
3 x wa
Nate: Fre uenc will increase depending on amount of
garbage generated. All equipment utilized by a
licericcd and 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.
*
*
(d) Newspapers or other salvageable materials
defined as aluminum cans, glass and plastic bottles,
metal and tin cans, and
]uio -aeYlk bomca which shall be separated from all
...4.4elee solid waste materials as provided for herein
shall be placed at the curb
-..., in a container provided by
the Cit on the re ularl scheduler
cc�lleGt�.on da recycled unlessunlawful
ec clin
designated' y by the director. It shall beunl wf 1 for
any person, firm or corporation not licensed therefor,
other than the owner, lessee, or occupant of that
residential building, except city personnel to collect
or otherwise remove any newspapers or other salvageable
materials which have, been specifically placed for
collection in the recycling collection program. The
penalty as contained in Code section .-13 is hereby
applicable to violations of this section.
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 shall be
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JUN-29-2004 16:0e CITY CLERKS OFFICE
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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 , 00O, 000. 00 in funds received through
this recycling collection program, all interest, as it
accrues upon such principal amount, shall be utilized,
subject to the sufficient accrual of interest, to pay
ten full scholarships to college level educational
institutions to be awarded annually by the city
commission to children of city g a-- 3oevi&e,
.admn a"etior solid waste department, as determined by
the city commission to have the greatest need for such
scholarships. In the event the interest accrued upon
the $1, 000, 000. 0a in this fund is insufficient to pay
for ten full scholarships, on an annual basis, a lesser
amount of full scholarships, which can be funded by the
accumulated interest, will be awarded, on an annual
basis by the city commission
Awards will be based on
recommendations from the solid waste department.
Recommendations will be madded u on criteria
established b the solid waste department and approved
lay the City Commission. The finance director, or
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 among
children of department employees.
Sec. 22-le. Responsibility for removal of certain
waste; collection and disposal of
furniture, appliances, etc.
* *
(d)
follows:
City pickup procedures for small trash are as
(1) Small trash as defined herein shall be placed
into garbage cans, plastic bags or other
weatherproof coritai,ners strong enough to
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JUN-29-2004 16:08 CITY CLERKS OFFICE
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support the weight of the material but not to
exceed 50 pounds, which are to be placed
curbside for the city to pick up on regular
garbage collection day. Should the city
im lement a semi -automated or automated
garbage and small trash collection procedureL
residents will be provided with containers in
which _sarbage and small trashwill be placed
for collection by the city
w
(f) Use of minidumps by property owners,
occupants or landscape firms:
(2) Dumping of :any material other than garden
trash and tree and shrubbery trash, small
trash and other materials designated by the
department director in city minidumps is
prohibited.
Sh)_ Until further noticed the department will
collect Special non-residential trash as defined herein
from commercial properties, as defined herein, that are
under contract for regular garbage and trash collection
services with a nonexclusive commercial solid waste
hauler.
Secs. 22-19---22-45. Reserved.
ARTICLE II. REGULATION OF PERSONS ENGAGED It
COMMERCIAL WASTE COLLECTION
Sec. 22-46. Engaging in business of solid waste
collection and disposal; issuance of
nonexclusive franchise agreement to
private solid waste collectors_
(a) No person, firm or corporation shall remove
or transport any solid waste material over the streets
or public rights -of --way of the city or ±,ts real
property for hire or salvage without first applying for
and receiving a nonexclusive franchise from the
department to carry on such a business. The
nonexclusive franchise required by this section shall
be in addition to any occupational and other license(s)
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which otherwise may be required by law, including
jD3.4O46, Fla. Stat. A nonexclusive franchise will
not be granted to a commercial property for the sole
purpose of hauling the solid waste material of its own
tenants or occupants.
Sec. 22-47. Application for nonexclusive franchise.
Applications for a nonexclusive franchise shall be
made to the department upon such form and in such
manner as shall be prescribed by the director to elicit
the following information and to be accompanied by
supporting documents and such other information as may
be required by the 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:
(3) Equipment
applicant
equipment
efficient
*
and method of operation. The
for a franchise shall possess
capable of providing safe and
service.
francahioo
In making such e determination
and approving the method of operation for
each applicant, the department shall require
the following information:
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3UN-29-2004 16:09 CITY CLERKS OFFICE 305 958 1610 P.20
(4) Insurance requirements.
(7) Application farm. Each application for a
rmi-franchise shall be made an a standard
form promulgated by the director 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
department. Upon receipt of a completed
application, the director or the director';
designated representative shall review said
application and, if satisfactory in all
respects, shall issue the required permit
franchise.
Sec. 22-50. Franchise fees; permit per account
fee (s) ; tempora _y roll -off container
fees.
(a) Each and every franchisee shall pay a permit
per account fee annually of $100.00 for each account
with whom they contract for the provision of commercial
solid waste services. The franchisee may only pass on
an amount not to exceed $48.00 of said permit per
account fee to each contracted customers. Said permit
per account fee shall not be transferable. Effective
October 1, 2000 the annual period l begin October
1' and end Se tember 30" . ewilermit per account
applications submitted before the le —of the month
will be charged the ±ule amount_ 5 'a_r the applicable
month; those submitted after the�1.will be invoiced
in the next month. Fees for applications submitted in
November and afterwards will be prorated at a rate of
$8.33 per month for the remainder of the annual period.
(b) Each franchisee utilizing large containers
and/or roll -offs shall pay a one Allimc temporary roll-
off/container permit fee, per account, for each
container/roll-off utilized to provide solid waste
services requiring such containers. The $50,00 fee
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305 65B 1610 P.21
shall be for a 90 day period and will be assessed each
90des the container remains on site.
*
(d) Certified Recovered Materials Dealers
ended from local franchise requirements pursuant to
§403.7046, Fla. Stat._ shall be required to Eay a
registration fee as determined by the director of the
department for an annual raer�iod which will begin
October 1'r and eic Se temper 30 of each year. ""
*
*
Sec. 22-52. Identification of equipment.
All equipment utilized to collect and transport
solid waste in the city must be conspicuously marked on
both sides of the automotive unit with the name of the
hauler,
vehicle number, tare weight and cubic yard capacity.
Identification information must also be marked on all
trailer and container units. All markings must be in
letters and numerals at least two inches in height.
Sec. 22-53. Information required of franchisees.
(a) At least annually, but not more frequently
than quarterly, 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 ,mod
(2) The frequency of service.
(43) The number and capacity of each dumpster and
compactor per account.
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CITY CLERKS OFFICE
305 858 1610 P.22
(44) The address serviced by each dumpster and
compactor.
(45) The list of accounts within the city for
which hand collection of bags/cans is
provided.
*
Sec. 22-54. Change in ratGe required information.
Each permittcc [franchisee+ shall file any change
in its required information with
the director in writing on a form prescribed by the
director prior to becoming effective.
Sec. 22-55. Disposal required at city- and/or
county -approved facilities.
(a) Any and all solid waste material collected by
a pe ittce [franchisee+ 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 county public works department
and at no other location or facility except those which
here heretofore been approved by the State of Florida
department of environmental protection,
(b) All pcarr ttcco [franchisees+ shall comply with
the provisions of this chapter and all implementing
resolutions of the city commission. The city shall use
the reports required in this chapter and other
information available to determine compliance of pi,t
franchise holders.
Sec. 22-56. Nonexclusive franchise fee requirement;
monthly nonexclusive franchise fee
payment; approval by director as a
prerequisite to issuance; financial
statements, list of accounts; account
permit fees; roll -off permit fees.
(a) No person shall engage in the business of
removing or disposing of garbage, trash, or waste from
any premises in, the city or transport garbage, trash or
waste through the public rights -of -way of the city
without first having secured a nonexclusive franchise
for such activities. All persons shall be required to
obtain a nonexclusive franchise from the city in order
to engage in commercial solid waste collection and
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JUN-29-2004 16:12
CITY CLERKS OFFICE
305 858 1610 P.23
disposal from any streets, public rights -of -way or
property in the city. This fee shall be in addition to
the occupational permit tax ordinance of the city. The
term "gross receipts" for purposes of this chapter is
defined to mean the entire amount of the fees collected
by the franchisees, exclusive of state sales taxes
provided by law from any person within the city for
garbage, hazardous, industrial, biomedical, biological
or solid waste; construction and demolition debris,
trash, litter, refuse and/or rubbish collection,
removal and disposal within the city unless excluded
under the provision of 403.7046 Fla. Stet.
(b) Effective October 1, 1994, all city —permitted
franchised commercial solid waste haulers will be
required to pay to the city a nonexclusive franchise
fee of eight percent of the franchisee's total gross
monthly receipts. Said nonexclusive franchise fee
shall be increased to 12 percent effective October 1,
1995, and to 15 percent effective October 1, 1996.
Said nonexclusive franchise fee shall be further
increased to 20 percent, effective May 1, 1998. 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 ❑f each month► representing gross receipts
collected the previous month. The franchisee shall on
or before 30 days following the close of each fiscal
year deliver to the director a statement of its annual
gross receipts generated from accounts within the city
prepared by an independent certified public accountant
reflecting gross receipts within the city for the
preceding fiscal year. The franchisees will allow city
auditors, during regular business hours after
reasonable notice, to audit, inspect and examine the
pe ittctsL franchisee's 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 fee shall bear interest at
the rate of one 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.
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(0) In ore* tTo effectively provide for the
—' egt: _- payment of said nonexclusive franchise fee
by the franchisees to the city, any person seeking to
renew his annual occupational license 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 ail 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
completion of an application form for the pe mit
franchise referenced in section 22-47 of this chapter.
Sec. 22-57, List of qualifications for pc.
+franchises+; term; nontransferability;
rules and regulations,
(a) After June 1, 1968, the city shall permi4
franchise pcxccxee commercial solid waste haulers as
defined herein to provide service to commercial
establishments as set forth in this article. The
permits [franchises] issued, however, shall not .Limit
the right to renew occupational licenses 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 permit [franchise+. Each
applicant for the permit [franchise+ shall submit, .in
writing, a list of its qualifications. Each list of
qualifications shall include, as minimum qualifications
to be considered in the granting of such parmi*
+franchise--:
* * *
(3) Certification that no subsidiary affiliate, or
parent corporation or business entity of the
applicant already has, or has applied for, an
existing er i --[franchise+. rm yo ;Franchises}
wi11 not be issued to a subsidiary, affiliate or
parent company of an existing _ - _
+franchisee}, or any �fttco_ +fr'anchisee+. �T
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(4) Certification that the applicant (or, if renewal,
the parse oo--ifranchiaee+) is not and will not be,
throughout the term that it has a permY t franchise
affiliated with an affiliated entity of any
existing franchisee+, or any applicant
for a pormia 4franchise+ under this article, as a
parent, Or subsidiary, or by virtue of an
interlocking directorate or otherwise,
(b) Term. Said pcateittc. ffranchise+ shall be
valid for a period of one year from date of issuance
and, at the expiration or earlier cancellation or
revocation thereof, the director ,may choose to accept
applications for new teerreittce [franchisee+ conditioned
and limited as noticed above or, in the alternative,
renew the permit issued for an additional one-year
period. In deciding to issue new permiteeee
+franchisee+ and/or accepting applications from
applicants for pe ittee---af,ranchiseeie the director
will consider the following factors:
(1) The pe.emdaleee----[-franchisee+Ls full and
faithful compliance with the terms of this
chapter;
(2) The pc ittee [franchisee+ and/or applicants
who best meet the qualifications established
by this section for the issuance of the
parmitte--Efranchise+; and
(c) NontTransferability_ The permito
+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 }omit [franchise+ has been issued, a new
permit f franchiser will be granted by the director if
the new owner satisfies the requirements of this
article_
(d) The franchise provided
for by this article is to ensure and facilitate a
minimum standard of municipal regulation of commercial
waste collection within the city, to provide uniformity
and quality of service from the permito {-franchises+
granted hereunder, and to assure that the citizens of
Miami have safe, efficient, sanitary, permitted
?age 23 of 27
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regulated and qualified solid waste, garbage and trash
disposal contractors.
*
Secs. 22-60--22-85. Reserved.
ARTICLE 111. ENFORCEMENT AND ADMINISTRATION
*
Sec. 22-87. Schedule of waste collection and
disposal fees; records to be kept.
(a) Any special collections which exceed the
normal weekly trash collection will be charged
according to equipment and manpower usage an4--all . ky
;;,s � -beef s-- � e �e�• --ef € ,,� __11ee i.:naParieq
*
*
*
Sec. 22-92. Certain exemptions from payment of waste
fees.
Commercial establishments actually employing and
using the services of a private waste collector holding
a valid lxrmi franchise provided for in article II of
this chapter sha1l not be liable for the payment of
waste fetes otherwise required to be paid hereunder so
long as such employment and use continues.
Sec. 22-93. Enforcement and administrative fees,
(a) Any person and/or perttcc franchisee who
has not strictly complied with the provisions of this
chapter shall be subject to the enforcement procedures
as set forth herein:
*
(17) The fact-finding determination of the hearing
officer shall be limited to whether the alleged
violation did in fact occur and, if .so, whether
the person and/or pthiel.isee franchisee named in
the civil infraction is legally responsible for
that violation. The hearing officer shall either
affirm or reverse the determination of the
enforcement officer as to the responsibility of
the named violator for the correction of the city
Page 24 of 27
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.TUN-29-2004 16:19 rCITY CLERKS OFFICE
ti
305 858 1610 P.27/20
ordinances or city Code violation. If the hearing
officer reverses the determination of the
enforcement officer and finds the named violator
not responsible for the alleged violation in the
civil infraction, absent a successful appeal of
the hearing officer's ruling by the city, the
named violator shall not be liable for the payment
of any civil penalty. If the decision of the
hearing officer is to affirm the enforcement
officer's determination of violation, then the
following elements shall be included in the
decision;
c. Verbal warning that failure to comply with
date by which violation must be corrected
will result in an automatic referral to the
hearing officer.
03) Civil penalties assessed pursuant to this
article are due and payable to the city on the last day
of the period allowed for the filing of an
administrative hearing before a hearing officer, or if
proper appeal is made, when the appeal has been finally
decided adversely to the named violator. The amount of
such penalty assessed shall constitute and is hereby
imposed as a lien against the subject property with
equal rank and dignity of any other special assessment
liens. Penalties for violations of the previsions of
this article shall be assessed in accordance with the
minimum administrative fee schedule as set forth below;
Acts/ocnditioris of
Noncompliance Fee
Fee
Section
(Subsection)
x * * * h
* *
*
*
*
-2 (
?
*
Failure of procerty� owner
5 50.00
to ova oontraat with City
franchised hau1Mz
Engaging in commercial solid
�75.
22-1
valise collect oa Without
—
Cit Franchieet
ra lure to use City sued
575.00
22-2
w
Container or to sat -out
,proparl5r
Page 25 of 27
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305 858 1610 P.28✓29
*
Section 3. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions of this
Ordinance are repealed.
Section 4. 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 5. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof , z�
PASSED ON FIRST READING BY TITLE ONLY this • 9th day of
su1v , 2002.
if
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 tills Ordinance, it shall become
effective immediately upon override of the veto by the City
Commission or upon the effective date stated herein, wh4chev*r is
later,
Page 26 of 27
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TOTAL P.28
JUN-29--2004 16;00 CITY CLERKS OFFICE
305 856 1610 F.03
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of July , 2002,
ATTEST:
PRIS LLA A. THOMPSON
CITY CLERK
APPROVED
VILA
TORNEY
W 53:HH:BSS
CORRECTNESS : Gr'
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