HomeMy WebLinkAboutO-12835City of Miami
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Ordinance: 12835
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01507 Final Action Date: 10/12/2006
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), AND 22-11, ARTICLE II 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 and to conform the fines for illegal dumping under Section 22-11 to the $500 fine amount for
any person and to $1,000 for dumping from a commercial vehicle, all to be referenced in Section 22-
93(d);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami
Page 1 of 5 File Id: 06-01507 (Version: 3) Printed On: 2/22/2017
File Number: 06-01507 Enactment Number: 12835
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 of the City Code, entitled "Garbage and Other Solid Waste," and Article
I, Article II, and Article III thereof are amended in the following particulars:{1}
"CHAPTER 22
GARBAGE AND OTHER SOLID 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 be imposed for violations of this section:
{1) First citation, $50.00 fine;
{2) Second citation, $100.00 fine;
{3) Third fine, $500.00 fine.
A civil fine of $500.00 per occurrence shall be imposed for littering and for illegal dumping.
Sec. 22-11. Dumping on public right-of-way prohibited.
(a) It shall be unlawful for any person to dump or cause to be dumped or place or cause to be
placed any refuse or rubbish of any kind whatsoever including tires, construction and demolition
debris, biological or biomedical waste and hazardous material along the rights -of -way of the public
streets, highways and roads of the city, regardless of whether such dumping is from a dolly, wagon,
wheelbarrow, noncommercial flatbed, truck, van, car or any commercial vehicle.
(b) The provisions of F.S. §403.413 shall apply to all public rights -of -way within the city.
City of Miami Page 2 of 5 File Id: 06-01507 (Version: 3) Printed On: 2/22/2017
File Number: 06-01507 Enactment Number: 12835
(c) The following civil fines shall be imposed for violations of this section:
(1) by any person, $500.00 fine
(2) from any commercial vehicle, $1,000.00 fine
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 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:
Acts/Conditions of Noncompliance Fee Section
(Subsection)
1st offense: $ 250.00 22-46(b) and
22-47(6)
2nd offense: $ 500.00 22-46(b) and
City of Miami Page 3 of 5 File Id: 06-01507 (Version: 3) Printed On: 2/22/2017
File Number: 06-01507 Enactment Number: 12835
3rd offense:
Each additional offense:
The placement of containers, garbage, trash, bulky and/or
industrial waste on public rights -of -way
Dumpster(s) not kept in approved garbage facility
Failure of commercial property to have in effect an agreement
with a waste hauler for the collection and removal of solid
waste/garbage from the premises
Failure to inform NET service center of intent to discontinue
service
Failure to screen container
Failure to remove raw or processed organic waste matter from
food service establishment
Failure to maintain property, sidewalk, alley, and/or public
right-of-way
Commercial container violation
Insufficient number of approved garbage receptacles
Failure to properly mark container
Uncontainerized garbage or miscellaneous trash in receptacle
area
Unauthorized disposal of garbage or trash or other waste
materials consisting of industrial and bulky waste or other
waste material
Disposal of trash or other waste materials place in right-of-
way at other than authorized time
Illegal dumping by a person
Illegal dumping
Littering
Illegal dumping from any commercial vehicle
Illegal dumping of waste tires
Garbage deposited at minidump site
Use of minidump site by commercial establishment
Impeding, salvaging and vandalism of bulky waste minidump
Trash not containerized or bundled
Unauthorized bulky waste on right-of-way
Garbage not containerized
Litter on premises
Sunken containers
Operating a vehicle without a valid registration
Failure to properly identify equipment
All other violations
Failure of franchisee to remove container(s) from
discontinued accounts
City provision of service to discontinued commercial/multi-
family property
Failure of property owner to have contract with city
franchised hauler
Engaging in commercial solid waste collection without city
franchise
Failure to use city issued container or to set -out properly
1,000.00
1,000.00
75.00
22-47(6)
22-46(b) and
22-47(6)
22-46(b) and
22-47(6)
22-2(e)
150.00 22-2(f)
250.00 22-2(b)
50.00 22-2(a)
50.00 22-2(c)
75.00 22-2(b)
50.00 22-5, 22-9
50.00 22-2(f)
50.00 22-2(f)
50.00 22-2(f)
75.00 22-8
500.00 22-6
75.00 22-18(b)
250.00
500.00
500.00
500.00
1,000.00
1,000.00
150.00
500.00
250.00
75.00
75.00
75.00
50.00
100.00
250.00
100.00
75.00
75.00
250.00
$ 250.00
$ 75.00
$ 75.00
22-11
22-6(j)
22-6(j)
22-11
22-11
22-18(f)(2)
22-18(f)(1)
22-18(f)(3)
22-5
22-18(b)
22-8(1)
22-9
22-2(c)(4)
22-50
22-52
ch.22
22(b)
22(b)
22-2(b)
22-46
22-2
City of Miami Page 4 of 5
File Id: 06-01507 (Version: 3) Printed On: 2/22/2017
File Number: 06-01507 Enactment Number: 12835
*II
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}
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.
City of Miami Page 5 of 5 File Id: 06-01507 (Version: 3) Printed On: 2/22/2017