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HomeMy WebLinkAboutPre-Legislation 34 I.III1 P. n City of Miami Legislation Ordinance: 12599 City Nail 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-01146 Final Action Date: 10/14/2004 (4/5THS VOTE) AN EMERGENCY 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" SECTION 22-1, ARTICLE 11 ENTITLED: "REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION" SECTIONS 22-46, 22-47, 22-50, 22-56, 22-57 AND 22-58, AND ARTICLE III ENTITLED: "ENFORCEMENT AND ADMINISTRATION" SECTION 22-93; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 04-0496, adopted on July 22, 2004, the City Commission approved the Director of the Department of Solid Waste's selection pursuant to Request for Qualifications No. 03-04-107 ("RFQ") of the qualified firms to provide commercial solid waste hauling and disposal services within the City of Miami ("City"), approved the form of Franchise Agreements for said services, and authorized the City Manager to execute Franchise Agreements with qualified providers for a new Franchise Agreement period to commence October 1, 2004 for solid waste collection and disposal services; and WHEREAS, Resolution No. 04-0496 stated that the selection of qualified firms to provide commercial solid waste hauling and disposal services was contingent upon the City amending its code for the granting of franchises for commercial solid waste collection for a five-year contract period; and WHEREAS, the purpose of this Ordinance is to set forth changes to Chapter 22 necessary to accomplish the purposes for which the RFQ was issued as reflected in the new Franchise Agreements and for such new contract period; and WHEREAS, it is in the best interest of the City to promote, protect and improve the health, safety, and welfare of its citizens by amending Chapter 22; 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 of the Code of the City of Miami, Florida, as amended, entitled "Garbage and Other Solid Waste," and Article I, Article II and Article III thereof is amended in the following particulars.{1 } "CHAPTER 22 CIO' of Miami Page 1 of 8 Prinied On: 3/12/2007 File Number: 04-01145 Enactment Number: 12599 GARBAGE AND OTHER SOLID WASTE ARTICLE I. IN GENERAL Sec. 22-1. Definitions. Commercial Business. The term "commercial business" shall mean and include all retail, professional, wholesale, and industrial facilities and any other commercial enterprises, for profit or not for profit, offering goods or services to the public. Gross receipts. The term "gross receipts" shall mean all monies, whether paid by cash, check, debit or credit, collected from customers for garbage, solid waste, fuel surcharge, construction and demolition debris, roofing materials, trash, litter, refuse and/or rubbish collection removal and disposal services rendered, or from any other source related directly from waste collection services by the franchisee, exclusive of taxes as provided by law, whether wholly or partially collected within the city, less bad debts Multifamily Residence. The term "multifamily residence" shall mean and include any building or structure containing four or more contiguous living units and intended exclusively for residential purposes. Neighborhood Cleanups. The term "neighborhood cleanups" shall mean -periodic intensive removal of litter, debris and other solid waste material from a designated area of the city, initiated or approved by the city, its NET offices and/or recognized community based organizations or associations including special event activities citywide. Permit per account fee. The term "permit per account fee" shall mean the annual, October 1st to the annual charge assessed by the city each October 1, to franchisee, for every account with whom they contract for the provision of commercial solid waste services. Recycling. The term "recycling" shall mean any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. Ref. - Florida Statutes, Chapter 403, Environmental Control Part IV - Resource Recovery and Management, as may be amended from time to time. City of Miami Page 2 of Printed On: 3/12/2007 File Number: 04-01146 lsnactmenl Number: 12599 ARTICLE II, REGULATION OF PERSONS ENGAGED IN 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 its 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) which otherwise may be required by law, including § 403.4046, Fla. Stat. A 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. (b) It shall be unlawful for any commercial solid waste collector/franchisee to provide service to any property within 100 feet of a residential district between the hours of 10:00 11:00 p.m. and 7:00 a.m. (e) The city commission is authorized, from time to time, to grant one or more nonexclusive franchise(s) granting the right and privilege to operate a commercial garbage and trash collection and disposal system in, upon, over and across the present and future streets, alleys, easements and other public places of the city for the purpose of collecting all solid waste from commercial and multifamily establishments as defined in this chapter. (g) The franchise(s) shall initially be granted for a period of five f5j. years, with one three (3) year option to renew, upon approval of the application by the solid waste department. The option to renew any franchise(s) for the additional three (3) year period shall be at the sole discretion of the city. Sec. 22-47. Application for nonexclusive franchise. Applications for a none*slusive 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: (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: c. The names of customers; and the addresses of each location served and schedule of rates of ty City of Miami Page 3 of 8 Printed On: 3/12/2007 File Number: 04-01146 the company. (4) Insurance requirements. Enactment Number: 12599 b. A performance bond or an acceptable alternative in an amount equal to the contractor's previous 12-month franchise fee(s) paid to the city or a minimum of $15,000.00 $25,000, whichever is greater, as security for any fee(s) due to the city under the franchise agreement(s) with good and sufficient sureties conditioned upon the compliance of the terms of this chapter in such form as required by the city attorney. (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 10--00 11:00 p.m., except as determined and defined by the director. Commercial corridors as determined by the director. 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 $400.00 $50.00 for each account 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 bv franchisee in the course of providing_ solid waste services . The franchisee may only pass on an amount not to exceed $48-00 $24.00 of said permit per account fee to each contracted customers. Said permit per account fee shall not be transferable. Effective October 1, 2000 2004 the annual period will begin October 1st and end September 30th. (b) Beginning October 1, 2004, each and every franchisee shall pay an annual franchise fee by October 1 each year of the franchise term (and of any extension thereof) in the initial amount of $5,000, with such franchise fee being increased by $500 per year beginning October 1, 2005. Failure to remit the required annual franchise fee bv the due date shall result in a one and one-half percent (1 %%) penalty per month on the balance due. (c) Beginning October 1, 2004, Easy each and every franchisee whose primary business is limited to solid waste that requires special handling and management shall pay an annual specialized waste City of Miami Page 4 of & Printed On: 3/12/2007 File Number: 04-01146 Enactment Number: 12599 handling permit fee- by October 1 each year of the franchise term (and of any extension thereof) in the amount of $1,000 for the right to provide only specialized waste handling services within the city limits. If a franchisee is providing only specialized waste handling services within the city, then annual franchise fee will increase by $500.00 per year beginning October 1, 2005. Failure to remit the • required annual franchise fee by the due date shall result in a one and one-half percent (1 %%) penalty per month on the balance due. 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 nenexslusive-franchise for such activities. All persons shall be required to obtain a nonexc ive"franchise from the city in order to engage in commercial solid waste collection and 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. " state /103.7016, F a-Stat. (b) Effective October 1, 1994, all city -franchised commercial solid waste haulers will be required to pay to the city a nenex-ltuswe franchise fee of eight percent of the franchisee's monthly 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 30 22 percent, effective May 1, 1998 October 1, 2004. 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 30 sixty (60) 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 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 fee sh 1I bear intersst atthe to of one - the city shall charge a penalty of one and one half (1 '/) 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 noncxclusivc franchise fee by the franchisees to the city, any person seeking to renew his annual occupational license pursuant to the provisions of City of Mianti Page 5 of 8 Printed On: 3/12/2007 File Number: 04-01146 Enactment Numher: 12599 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. Sec. 22-57. List of qualifications for franchises; term; nontransferability; rules and regulations:; tests, inspections and audits. (b) Term. Said franchise shall be valid for a period of eneyeaf five (5) years from date of issuance with one (1) three (3) vear option to renew, and, at the expiration or earlier cancellation or revocation thereof, the director 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 one-year three-year period. The option to renew said franchise for the additional three-vear 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 director will consider the following factors: (1) The franchisee's full and faithful compliance with the terms of this chapter; (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. fel The city may, at reasonable times during the term hereof, inspect any franchisee's facilities and perform such test, as the city deems reasonably necessary, to determine whether the goods or services required to be provided by franchisee under its franchise conform to the terms thereof, if applicable. Each franchisee shall make available to the city reasonable facilities and render assistance to facilitate the performance of all tests and/or inspections by city representatives. All tests and inspections shall be subiect to, and made in accordance with the provisions of the City Code, as the same may be amended or supplemented from time to time. Each franchisee shall allow city auditors, during regular business hours and after reasonable notice, to audit, inspect and examine the franchisee's financial records (as they relate to City of Miami revenue) including all fiscal books and records, sales tax returns, bank statements, general ledger (vouching City of Miami revenue to the general ledger) contracts)/agreement(s) between franchisee and customer(s) and any other financial information deemed necessary, in so far as such other financial information relates to city accounts, as well as the franchisee's entire customer base, in order to confirm the franchisee's compliance with its franchise agreement. Each franchisee shall pay a one and one half (1 1/2) percent penalty per month on any monies due and owing to the city, as a direct result of an audit, from whatever applicable revenue stream during the term of the franchise agreement. If a city audit reveals that a franchisee under -reported gross receipts, and the audit shows additional revenue due to the city in an amount per fiscal year of $20,000 or more, franchisee shall pay to the city the cost of conducting the audit. Upon audit notification, a franchisee shall deliver all financial and other books and records to the city at no cost to the city. Each franchisee shall allow city auditors to copy any financial related source documents when deemed necessary to substantiate an audit finding. City of Miami Page 6 of 8 Printed On: 3/12/2007 File Number: 04-01146 Enactment Number: 12599 Sec. 22-58. Revocation of nen-exe franchise. (a) The city reserves unto itself the power to revoke all nsnexve franchises pursuant to this chapter of the Code. 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 hens. 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 22- 47(6) 3rd offense: 1,000.00 22-46(b) and 22- 47(6) Each additional offense: 1,000.00 22-46(b) and 22- 47(6) vreen— he 2-50-.00 22 47(6) idential district Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. City of Miami Page 7 of 8 Printed On: 3/12/2007 File Number: 04-01146 Enactment Number: 12599 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 is declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City, and upon further grounds of the necessity to make the necessary changes to permit the functions and duties of municipal affairs related to solid waste collection, hauling, and disposal. Section 6. The requirement of the reading of this Ordinance on two separate days is dispensed with by an affirmative vote of not Tess than four -fifths (4/5ths) of the members of the Commission. Section 7. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{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} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. City of Miami Page 8 of 8 Printed On: 3/12/2007