HomeMy WebLinkAboutPre-Legislation 2City of Miami
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Ordinance: 12599
City Hall
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 II 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
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File Number: 04-01146 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 lst 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.
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File Number: 04-01146 Enactment 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 nonexolusive 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 nâșonexolusive 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 u years, with one three (3) vear
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) vear period shall be at the sole discretion of the city.
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:
(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
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the company.
(4) Insurance requirements.
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 $15 000.99 $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); temporary -roll -off
annual franchise feeiannual specialized waste handling
fee.
(a) Each and every franchisee shall pay a permit per account fee annually of $100.00 $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 by 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, 2009 2004 the annual period will begin
October 1st and end September 30th. Permit -per-aseaunt-applisatiene-submitte4-befere-the45t11-ef-the
(b)
Beginninq 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 beginninq 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.
(c) Beginninq October 1, 2004, Each each and every franchisee whose primary business is limited to
solid waste that requires special handling and management shall pay an annual specialized waste
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File Number:: 04-01146 Enactment Number: 12599
handling permit fee,- by October 1 each year of the franchise term (and of anv 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 veer 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 f-Franchise fee requirement; monthly nonexokisive 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 nenexlus.ive-franchise for such activities. All persons shall be
required to obtain a eesive-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. "
403.70,16, Fla. Stat.
(b) Effective October 1, 1994, all city -franchised commercial solid waste haulers will be required to
pay to the city a neflexelusive franchise fee of eight percent of the franchisee's monthly total gross
monthly receipts. Said âșexclusive 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 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 rate of ene the city shall charge a penalty of
one and one half (1 '/Z) 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 nonexclucive franchise fee by the franchisees to
the city, any person seeking to renew his annual occupational license pursuant to the provisions of
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File Number: 04-01146 Enactment Number: 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 one-year five (5) vears 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-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 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.
Lel The city mav, at reasonable times during the term hereof, inspect anv 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 subject to, and made in accordance with the provisions of the Citv Code, as the
same mav 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) contract(s)/agreement(s) between franchisee and customer(sland any other financial
information deemed necessary, in so far as such other financial information relates to city accounts, as
wejl 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 %) 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 vear 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 anv financial related source
documents when deemed necessary to substantiate an audit finding.
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File Number: 04-01146 Enactment Number: 12599
Sec. 22-58. Revocation of nonexclusive franchise.
(a) The city reserves unto itself the power to revoke all nonexsiusive 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 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 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)
25040 22 17(6)
hours of 10:00 p.m. and 7:00 a.m
I
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.
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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 less 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.
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