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Ordinance
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3500 Pan American
Drive
Miami, FL 33133
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File Number: 06-01507
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22
OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "GARBAGE
AND OTHER SOLID WASTE," BY AMENDING ARTICLE I ENTITLED "IN
GENERAL," SECTIONS 22-6(1) AND 22-6(J), ARTICLE 11 ENTITLED
"REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE
COLLECTION," SECTION 22-50(A) AND ARTICLE III ENTITLED "ENFORCEMENT
AND ADMINISTRATION," SECTION 22-93(D); CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 22 of the Code of the City of Miami, Florida, as amended ("City Code"),
was previously amended by Ordinance No. 12599, adopted by the City Commission October 14, 2004,
to reflect the replacement of the Regulatory Commercial Solid Waste Hauler process with that of a
Nonexclusive Commercial Hauler Franchise Agreement; and
WHEREAS, the purpose of this Ordinance is to clarify the intent of Section 22.50 of the City
Code (Chapter 22) in connection with Article 5.6 of the Commercial Solid Waste Haulers Franchise
Agreement; and
WHEREAS, a new franchise agreement for commercial solid waste services was executed
effective October 1, 2004, and several modifications to the previous agreement were implemented for
the new franchise period; and
WHEREAS, the basic premise was to reduce the permit per account fee from $100 per
account prorated throughout the year to $50 per account charged once per year for all accounts on
their books as of October 1, of every new fiscal year; and
WHEREAS, certain sections of Chapter 22 require revisions as a result of previous code
amendments and subsequent administrative actions; and
WHEREAS, additionally, it is necessary to amend Section 22-6(1), which references Section 22
-92 incorrectly and should reference Section 22-93 regarding penalties and fees for littering and illegal
dumping; and
WHEREAS, an additional amendment is required to delete the penalty scale under Section 22-
6(j) for littering and illegal dumping and to establish the amount of a $500 fine for littering and illegal
dumping;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
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File Number: 06-01507
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 22 of the City Code, entitled "Garbage and Other Solid Waste," and Article
I, Article II, and Article ill thereof are amended in the following particulars:(1)
"CHAPTER 22
GARBAGE AND OTHER SOLIDE WASTE
*
ARTICLE I. IN GENERAL
Section 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.
* * *
(i) Noncompliance with any section shall be punishable in a manner as provided in sections 22-6 and
22 92 22-93. Noncompliance may result in the city's taking such action as it deems appropriate under
the circumstances, and a lien shall be imposed against the property for recovery of all costs involved.
(j) The following civil fines shall bo imposod for violations of this section:
(1) Fi ;
(2) Second citation, $100.00 fine;
(3) Taa+rd fine, $500.00 fine.
A civil fine of $500.00 per occurrence shall be imposed for littering and for illegal dumping.
ARTICLE II. REGULATION OF PERSONS ENGAGED IN COMMERCIAL SOLID WASTE
COLLECTION
Sec. 22-50. Franchise fees; permit per account fee(s); annual franchise fee; annual specialized waste
handling fee.
(a) Each and every franchisee shall pay a permit per account fee annually of $50.00 for each account
and each roll -off effective October 1st of every new fiscal year to those accounts and roll -offs booked
as of October 1st of every new fiscal year with whom they contract for the provision of commercial
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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 $24.00 of said permit per account fee to each contracted customers.
Said permit per account fee shall not be transferable. Effective October 1, 2004 the annual period will
begin October 1st and end September 30th.
ARTICLE III. ENFORCEMENT AND ADMINISTRATION
* * *
Sec. 22-93. Enforcement and administrative fees.
(d) 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 provisions of this article shall be assessed in accordance with the minimum administrative fee
schedule as set forth below:
TABLE INSET:
Acts/Conditions of Noncompliance Fee Section (Subsection)
st offense: $250.00 22-46(b) and 22-47(6)
nd offense: 500.00 22-46(b) and 22-47(6)
rd offense: 1,000.00 22-46(b) and 22-47(6)
iach additional offense: 1,000.00 22-46(b) and 22-47(6)
'he placement of containers, garbage, trash, bulky and/or industrial waste on public rights -of -way
75.00 22-2(e)
)umpster(s) not kept in approved garbage facility 150.00 22-2(f)
'allure of commercial property to have in effect an agreement with a waste hauler for the collection and
9moval of solid waste/garbage from the premises 250.00 22-2(b)
'allure to inform NET service center of intent to discontinue service 50.00 22-2(a)
'allure to screen container 50.00 22-2(c)
'allure to remove raw or processed organic waste matter from food service establishment 75.00
22-2(b)
'ailure to maintain property, sidewalk, alley, and/or public right-of-way 50.00 22-5, 22-9
:ommercial container violation 50.00 • 22-2(f)
isufficient number of approved garbage receptacles 50.00 22-2(f)
'ailure to properly mark container 50.00 22-2(f)
lncontainerized garbage or miscellaneous trash in receptacle area 75.00 22-8
Jnauthorized disposal of garbage or trash or other waste materials consisting of industrial and bulky
caste or other waste material 500.00 22-6
)isposal of trash or other waste materials placed in right-of-way at other than authorized time 75.00
22-18(b)
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legal dumping Illegal dumping Littering 250.00 500.00 500.00 22-11 22-6(j) 22-6(j)
legal dumping from any commercial vehicle 1,000.00 22-11
legal dumping of waste tires 1,000.00 22-11
3arbage deposited at minidump site 150.00 22-18(f)(2)
Ise of minidump site by commercial establishment 500.00 22-18(f)(1)
reeding, salvaging and vandalism of bulky waste minidump site 250.00 22-18(f)(3)
'rash not containerized or bundled 75.00 22-5
Inauthorized bulky waste on right-of-way 75.00 22-18(b)
3arbage not containerized 75.00 22-8(1)
,itter on premises 50.00 22-9
sunken containers 100.00 22-2(c)(4)
)perating a vehicle without a valid registration 250.00 22-50
'ailure to properly identify equipment 100.00 22-52
III other violations 75.00 ch. 22
'allure of franchisee to remove container(s) from discontinued accounts 75.00 22(b)
:ity provision of service to discontinued commercial/multi-family property 250.00 22(b)
'allure of property owner to have contract with city franchised hauler $250.00 22-2(b)
ingaging in commercial solid waste collection without city franchise $75.00 22-46
'ailure to use city issued container or to set -out properly $75.00 22-2
*
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 be come effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1} 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.
{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 date stated herein, whichever is later.
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