HomeMy WebLinkAboutOrdinanceCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01078 Final Action Date:
AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 22 OF THE
CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS AMENDED, ENTITLED
"GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY BY AMENDING
CERTAIN DEFINITIONS, AMENDING THE EDUCATIONAL TRUST FUND FROM
THE RECYCLING PROGRAM, ADDING A MINIMUM PERIOD OF DURATION FOR
PERFORMANCE BONDS, PROVIDING FOR ENHANCED MANAGEMENT,
PRORATING THE EXISTING PERMIT PER ACCOUNT FEES, DETAILING AN
ENFORCEMENT AND COLLECTION PROCESS, CREATING AN APPEAL
PROCESS, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is incorporated within the boundaries of Miami -Dade County;
and
WHEREAS, the proposed amendment to Chapter 22 of the Code of the City of Miami, Florida, as
amended ("City Code"), will provide definitions associated with management and oversight of the
City's commercial solid waste franchise, clarify the collection process of the existing temporary roll -off
container permit fee, prorate the existing permit per account fee, enable disposition of illegal
containers, implement an appeal process, and modify certain powers and duties of the commercial
solid waste management advisory committee;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted and
incorporated as if fully set forth in this Section.
Section 2. Chapter 22 of the City Code, is amended in the following particulars: {1}
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
ARTICLE 1. IN GENERAL
Sec. 22-1. Definitions.
For the purpose of this chapter, the definitions contained in this section shall apply unless
otherwise specifically stated.
Biological waste. The words "biological waste" shall mean solid waste that causes or has the
City of Miami Page 1 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
capability of causing disease or infection and includes, but is not limited to, biomedical waste,
diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals.
The term does not include human remains that are disposed of by persons licensed under chapter
470.
Biological waste collector. The words "biological waste collector" shall mean any private solid
waste contractor who collects, transports or disposes of biological waste.
Biomedical waste. The words "biomedical waste" shall mean any solid waste or liquid waste
which may present a threat of infection to humans. The term includes, but is not limited to, nonliquid
human tissue and body parts; laboratory and veterinary waste which contain human -disease -causing
agents; discarded disposable sharps; human blood, and human blood products and body fluids; and
other materials which in the opinion of the Department of Health and Rehabilitative Services of the
State of Florida represent a significant risk of infection to persons outside the generating facility.
Biomedical waste collector. The words "biomedical waste collector" shall mean any private
solid waste contractor who collects, transports or disposes of biomedical waste.
Bulky waste. The term "bulky waste" shall mean, but not be limited to, large items of
household refuse such as appliances, furniture, accumulations from major tree cutbacks (exceeding
ten inches in diameter and four feet in length and weighing more than 50 pounds), large crates and
like articles which shall be placed out for city collection by residential unit owners paying for city
service on a weekly basis.
Cart -on -wheels: The words "cart -on -wheels" shall refer to the 96-gallon containers issued to
residences by the city for automated garbage collection 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. Stat., who handles, purchases, receives, recovers,
sells or is an end user of recovered materials as defined herein.
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.
Commercial property. The words "commercial property" shall mean any hotel, motel,
roominghouse, tourist court, trailer park, bungalow court, apartment building with rental apartments,
cooperative apartments, and/or multiple -story condominium buildings and any other business or
establishment of any nature or kind whatsoever other than a residential unit as defined in this section.
Commercial solid waste. The term "commercial solid waste" shall mean every waste
accumulation, including but not limited to, dust, paper, paper cartons, cardboard cartons, excelsior,
rags, garbage, plastics, metal containers, recyclable material, garden and yard clippings and cuttings,
bulky waste and other waste which is usually attendant to the operations of commercial businesses or
multifamily residences.
Commercial solid waste advisory committee. The words "commercial solid waste advisory
committee" shall be defined as an elected/appointed/selected body created for the purpose of
providing advice and recommendations on commercial solid waste issues within the city in
conjunction and cooperation with the department of solid waste.
Commercial solid waste service. The term "commercial solid waste service" shall mean the
collection and disposal of garbage, trash, recycling, solid and processable waste for all business,
commercial, industrial, religious, health, educational, governmental and quasi -governmental
establishments, including the collection and disposal of construction and demolition debris.
Condominiums. The words "condominiums" or "condominium buildings" shall be deemed to
mean any building or structure that evidences that form of ownership of real property which is created
pursuant to the State of Florida Condominium Act, which is comprised of units that may be owned by
one or more persons, and in which there is appurtenant to each unit an undivided share in common
City of Miami Page 2 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
elements. Any condominiums with three or more dwelling units therein shall be classified as
commercial establishments for purposes of this chapter.
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 term also includes:
(a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project;
(b) Except as provided in § 403.707(12)(j), Fla. Stat., unpainted, nontreated wood scraps from
facilities manufacturing materials used for construction of structures or their components and
unpainted; nontreated wood pallets provided the wood scraps and pallets are separated from other
solid waste where generated and the generator of such wood scraps or pallets implements
reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets
with other solid waste; and
(c) De minimis amounts of other nonhazardous wastes that are generated at construction or
destruction projects, provided such amounts are consistent with best management practices of the
industry.
Construction and demolition debris collector. The words "construction and demolition debris
collector" shall mean any commercial solid waste franchisee who collects, transports or disposes of
construction and demolition debris and shall be subject to a registration fee as provided for §
403.7046, Fla. Stat.
Construction dumpster or roll -off. Approved open metal container without wheels, with
capacity up to 40 cubic yards, used at construction sites for the purpose of removing construction and
demolition debris, which includes rock, metal and other materials which are heavy in weight or
substantial in size, used in connection with a construction and/or demolition project.
Containerized waste. The words "containerized waste" shall mean and include refuse, not to
include garbage as defined herein, which is placed in cans, plastic bags, and/or bulk containers not
exceeding three feet in length or weighing more than 50 pounds.
Curbside. The area between the sidewalk and the street edge or, in areas without sidewalks,
the area between the edge of the traveled portion of any public or private street and the property line.
Department. The word "department" shall mean the city department of solid waste.
Director. The word "director" shall mean the director of the department of solid waste.
Dumping. Dumping means to throw, discard, place, deposit or bury any litter and/or refuse
except where permitted.
Dumpster. An approved metal container on wheels with a tightfitting solid top and a minimum
capacity of one cubic yard or 202 gallons.
Enforcement officer. The words "enforcement officer" shall mean designated agents of the city
manager, acting by and through him/her, including but not limited to, sanitation inspectors, code
enforcement inspectors, police officers, NET Administrators and NET inspectors.
Fiscal year. The words "fiscal year" shall mean the 12-month period beginning October 1.
Franchisee. The word "franchisee" shall mean a private commercial solid waste/firm that is
granted a nonexclusive franchise by the city, 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
City of Miami Page 3 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
the provisions of this chapter.
Franchise agreement. The term "franchise agreement" shall mean a non-exclusive agreement
between the City and a qualified firm to provide commercial solid waste services, as defined in this
chapter, within the City.
Franchise fees. The term "franchise fees" shall include, but is not limited to, permit per
account fee(s), annual franchise fee(s), annual specialized waste handling fee(s), annual safety
inspection fee(s), and temporary roll -off container permit fee(s).
Garbage. The word "garbage" shall mean every refuse accumulation of animal, fruit or
vegetable matter that attends the preparation, use, cooking and dealing in, or storage of edibles, and
any other matter, of any nature whatsoever, which is subject to decay, putrefaction and the
generation of noxious or offensive gases or odors, or which, during or after decay, may serve as
breeding or feeding material for flies or other germ -carrying insects.
Garbage can. The words "garbage can" shall mean a galvanized metal, durable plastic 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 96 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 shall be free of jagged or sharp edges.
Gross receipts. The term "gross receipts" shall mean all monies, whether paid by cash, check,
debit or credit, collected from customers resulting from all transactions and activities, within the City,
in the franchisee's regular course of business and trade including garbage, industrial, solid waste,
used cooking oil waste, portable toilets and sanitation, environmental charges and fees, containerized
waste, c ivironmcntal waste services (vactor), equipment rental and leasing, fuel surcharge,
construction and demolition debris, roofing materials, trash, litter, maintenance, compactors, refuse
and/or rubbish collection removal and disposal services rendered, hand bag collection, recycling, or
from any other source related directly or indirectly from waste collection services, including, but not
limited to, all income derived from leasing and renting of real or tangible personal property, the use of
dump trucks, grapping trucks, roll -off trucks, trailers, roll -offs, boxed in, framed, fenced in, or
otherwise designated storage areas, etc., containers, bagsters, chutes, and any other vehicles and
equipment used for collection and disposal of any debris by the franchisee, exclusive of taxes as
provided by law, whether wholly or partially collected within the city, less bad debts. Gross receipts
shall not include income derived from the transportation, storage, treatment, collection, and removal
of biomedical, biological, or hazardous waste as herein defined.
Hazardous waste. The words "hazardous waste" shall mean solid waste, or a combination of
solid wastes, which because of its quantity, concentration, or physical, chemical or infectious
characteristics may cause, or significantly contribute to, an increase in mortality or an increase in
serious irreversible or incapacitating reversible illness or may pose a substantial present or potential
hazard to human health or the environment when improperly transported, disposed of, stored, treated
or otherwise managed.
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 provided for in § 403.7046, Fla. Stat.
Health and safety concern. The term "health and safety concern" shall mean any inefficient
and improper method of managing solid waste collection which creates a hazard to the public health,
causes pollution of air and water resources, constitutes a waste of natural resources, has an adverse
effect on land values and creates public nuisances as provided by Sections 403.011 through 403.44,
City of Miami Page 4 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
Florida Statutes.
Industrial wastes. The words "industrial wastes" shall mean the waste products of canneries,
slaughterhouses or packing plants; condemned food products; wastes and debris from brick, concrete
block, roofing shingle or tile plants; debris and wastes accumulated from land clearing, excavating,
building, rebuilding and altering of buildings, structures, roads, streets, sidewalks, or parkways; and
any waste materials which, because of their volume or nature, do not lend themselves to collection
and incineration commingled with ordinary garbage and trash, or which, because of their nature or
surrounding circumstances, should be, for reasons of safety or health disposed of more often than
the city collection service schedule provided for in this chapter.
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.
In -kind services. The term "in -kind services" shall mean those services for which no fees or
charges are assessed, including service to city facilities and neighborhood cleanups as defined by
the director.
Landscape firm. Landscape architects, landscape contractors, landscape maintenance firms
and all others doing work similar to that performed by landscape architects, landscape contractors
and landscape maintenance firms doing business within the city.
Large residential trash. The term "large residential trash" shall mean yard and garden trash
weighing more than 50 pounds, bulky and noncombustible materials which cannot be containerized
and weigh over 50 pounds, and other non -hazardous, non -construction, non -demolition,
non -biomedical or non -industrial material too large to be bagged, bundled or containerized and
weighing over 50 pounds. Large trash shall be placed out along with bulky waste for once per week
collection.
Litter. The word "litter" shall mean any garbage, rubbish, can, bottle, box, container, tobacco
product, tire, appliance, mechanical equipment or part, building or construction material, tool,
machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment,
trash, refuse and paper.
Local government registration fee. The term local government registration fee shall mean the
annual, October 1st through September 30th, charge assessed by the city to recovered materials
dealers commensurate with and no greater than the cost incurred to established and operate a
registration and reporting process limited to the regulations, reporting format and reporting frequency
pursuant to § 403.7046, Fla. Stat. with regard to recovered materials, their collection and disposal of
same from commercial properties within the city.
Minidump. The word "minidump" shall mean a disposal site, maintained by the department,
where householders of the city may deposit trash and small trash.
Modified recycling program. An operation approved by the department which provides for the
recycling of recyclable material by a method varying from the requirements of section 22-19 or section
22-20.
Mow. The word "mow" shall mean to cut down grass or similar growth with a mechanical
device such as lawn mower.
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.
NET. The term "NET" shall mean the Neighborhood Enhancement Team.
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
City of Miami Page 5 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
associations including special event activities citywide.
Noncombustible refuse. The words "noncombustible refuse" shall mean refuse materials that
are unburnable at ordinary incinerator temperatures (800 degrees to 1,800 degrees Fahrenheit) such
as metals, mineral matter, large quantities of glass or crockery, metal furniture, auto bodies or parts,
and other similar material or refuse not usual to housekeeping or to the operation of stores or offices.
Nonexclusive franchise. The term "nonexclusive franchise" shall mean a non-exclusive right
and privilege granted to a qualified firm to contract to provide solid waste, construction and demolition
material, and recyclable collection and disposal services to commercial and non-residential
properties, as defined in this chapter, in, upon, over and across the present and future streets, alleys,
easements and other public places of the city.
Permit per account fee. The term "permit per account fee" shall mean the charge assessed by
the city beginning each October 1, to a franchisee, for every account with whom they acquire or
maintain throughout during the fiscal year for purposes of providing the provision of commercial solid
waste services.
Plastic bag. The words "plastic bag" shall mean a polyethylene or other heavy-duty plastic bag
meeting the National Sanitation Foundation standard of 1.5 mils and not exceeding a 32-gallon
capacity with a securing twist tie.
Portable container. The words "portable container" shall mean dumpster, roll -away or other
similar container designed for mechanized collection.
Posting. The word "posting" shall mean to display by putting up on property in a public place
of view.
Public nuisance. The term "public nuisance" shall mean a container or roll-off/container
without marks or labels indicating its ownership, which appears to be utilized for commercial solid
waste collection without a city franchise agreement and poses a threat to the health and safety of the
community.
Recovered materials shall mean metal, paper, glass, plastic, textile, or rubber materials that
have known recycling potential, can be feasibly recycled, 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 or not the materials require subsequent processing or separation from each other, but does
not include materials destined for any use that constitutes disposal. Recovered materials as
described above are not solid waste.
Recyclable material. The term recyclable material shall mean those materials which are
capable of being recycled and which would otherwise be processed or disposed of as solid waste.
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.
State law reference- F.S. Ch. 403, Environmental Control Part IV -Resource Recovery and
Management, as may be amended from time to time.
Refuse. The word "refuse" shall mean any garbage, garden trash, industrial waste,
noncombustible refuse, rubbish, waste, bulk waste, containerized waste and/or solid waste.
Residential unit. The term "residential unit" shall mean any structure used or constructed or
modified or adopted for use as a single-family dwelling, duplex, cluster housing, townhouse or
multiple -family apartment building or other similar structure containing three or fewer residential units,
and which is located on a single lot, parcel or tract of land. Each dwelling unit of a duplex, cluster
housing, townhouse, or multiple -family building or other similar structure shall be deemed a separate
residence.
Roll-off/container. The term "roll-off/container" shall mean a metal container, compacted or
open, with a minimum capacity --often cuh a, s or without wheels, designed and used by
City of Miami Page 6 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
nonexclusive commercial solid waste haulers for the collection and disposal of construction debris,
demolition debris and/or large quantities of trash and/or bulky waste, but not garbage or commercial
refuse.
Roominghouses; boardinghouses. A roominghouse is a residential building used, or intended
to be used, as a place where sleeping or housekeeping accommodations are furnished or provided
for pay to transient or permanent guests or tenants which does not maintain a public dining room or
cafe in the same building or in any building in connection therewith. A boardinghouse is an
establishment where meals are regularly prepared and served for compensation for five or more
persons, and where most of the food is placed upon the table family style without service or ordering
of individual portions from a menu. Boardinghouses may also provide lodging for compensation. The
proprietor of a roominghouse or boardinghouse may receive or reject whom he wishes and usually
makes special oral or written contracts with each of his lodgers concerning compensation and length
of stay.
Rubbish. The word "rubbish" shall mean refuse accumulation of paper, excelsior, rags or
wooden or paper boxes or containers, sweepings and all other accumulations of a nature other than
garbage, which are usual to housekeeping and to the operation of stores, offices and other business
places, and also any bottles, cans or other containers which, due to their ability to retain water may
serve as breeding places for mosquitoes or other water breeding insects; rubbish shall not include
noncombustible refuse, as defined above.
Safety inspection fee. The term "safety inspection fee" shall mean a regulatory fee pursuant to
F.S. § 166.221.
Screening. A landscaped area with shrubs three feet in height at time of planting to form a
continuous, unbroken solid buffer, or a five -foot -high fence or C.B.S. wall finished and painted on
both sides to provide a visual barrier.
Service unit. The words "service unit" shall mean four sleeping rooms or a fraction thereof,
where no cooking privileges are provided, located in any commercial establishment.
Small trash. The words "small trash" shall mean bundled and clean yard and garden trash,
including shrubbery, vines, and branches capable of being gathered into bundles and tied securely so
that each bundle does not exceed three feet in length or weigh more than 50 pounds; all
accumulations of lawn, grass or shrubbery cuttings or clippings and leaf rakings, free of dirt, rock,
large branches and bulky or noncombustible materials which can be containerized and not weigh over
50 pounds, per can; and accumulations of tree branches, tree limbs, parts of trees, bushes and
shrubbery which are up to three inches in diameter and do not exceed four feet in length, do not
weigh over 50 pounds, are too large to be containerized, but require and can be bundled and tied,
and other non -hazardous, non -construction, non -demolition, non -biomedical material small enough to
be bagged, bundled, or containerized or does not exceed three feet in length or weigh more than 50
pounds. Small trash shall be placed out along with garbage for twice per week collection.
Solid waste. The words "solid waste" shall mean garbage, rubbish, refuse, or other discarded
material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic,
industrial, commercial, mining, agricultural or governmental operations.
Solid waste disposal and resource recovery facility. The words "solid waste disposal and
resource recovery facility" shall mean any solid waste disposal area, volume reduction plant, transfer
station or other facility, the purpose of which is resource recovery or the disposal, recycling,
processing, transfer or storage of solid waste.
Source separated. The term source separated shall mean the recovered materials are
separated from solid waste where the recovered materials and solid waste are generated. The term
does not require that various types of recovered materials be separated from each other and
recognizes de minimis solid waste, in accordance with industry standards and practices, may be
City of Miami Page 7 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
included in the recovered materials. Materials are not considered source separated when two or more
types of recovered materials are deposited in combination with each other in a commercial collection
container located where the materials are generated and such materials contain more than ten
percent solid waste by volume or weight. For purposes of this subsection, the term "various types of
recovered materials' means metals, paper, glass, plastic, textiles, and rubber.
Special non-residential trash collection. The term "special non-residential trash collection" shall
mean yard and garden trash weighing more than 50 pounds, too large to be containerized for
commercial collection, clean and free of dirt, rocks, trash and any other debris. It includes
accumulations from major tree cutbacks (exceeding ten inches in diameter and four feet in length and
weighing more than 50 pounds). Collection by the City must be approved and scheduled by
department prior to setout or fines will be incurred.
Special residential collection. The term "special residential collection" shall mean a collection
of non -hazardous, non -industrial, waste beyond the normal city garbage, trash, and recycling,
including bulky waste and large trash, for which residents or property owners will be charged the cost
of collection, disposal and the appropriate administrative fees. Such collection excludes asbestos,
whole or used tires, oil, lead -acid batteries, mercury lights, combustible, hazardous, biomedical and
biological waste.
Specialized waste handler shall mean those companies whose primary business is limited to
collecting and disposing of 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 and biomedical and biological waste.
Specialized waste. The term "specialized waste" shall mean 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, biomedical and biological waste.
Specialized waste handling nonexclusive fee. The term "specialized waste handling nonexclusive fee"
shall mean the annual fee paid to the city for the right to conduct specialized waste handling services
in the city.
Swale area. The words "swale area" shall mean the paved or unpaved area between the edge of the
sidewalk or property line and the edge of the street.
Temporary roll-off/container permit fee. The term "temporary roll-off/container permit fee" shall mean
the charge paid every 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 commercial constructions and demolition, renovation and other similar accounts which are of a
temporary nature.
Trash. The word "trash" shall mean garden, tree and shrubbery trash that is too large to be bagged,
bundled or containerized, wooden or paper boxes or containers, and other accumulations of a nature
other than garbage and bulky waste as defined herein which cannot be bagged, bundled or
containerized for weekly collection.
ARTICLE II. REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION
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 ("recycling program") shall be 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
City of Miami Page 8 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
received, pursuant to the city's recycling program, shall be the subject of a separte
appropriationsordinance to be adopted by the city commission and separately administered by
appropriate personnel of the city. Upon the accumulation of ,000,000.00 in funds received through
this recycling program, all interest, as it accue upon such principal amount, shall be utilized, subject to
the sufficient accrual of interest, to pay for up to five scholarships, awarded annually, to the
employees of the department for college level educational institutions or for commercial drivers
license certification and up to ten scholarships to college level educational institutions to be awarded
annually b„ the city commission to the employees of the department and to the children and/or legal
dependants of said employees of the department, as determined by the city commission to have the
greatest need for such scholarships; each scholarship award shall not exceed $3,000.00 annually. In
the event the interest accrued upon the $1,000,000.00 in this fund is insufficient to pay for the full
amount of each scholarship, a lesser amount of scholarship will be awarded by the city commission.
Awards will be based on recommendations from the director of the solid waste department. Said
recommendations will be made based upon criteria established by the director of the solid waste
department and approved by the city commission. The director of finance, or their 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 the department.
Sec. 22-46. Engaging in business of solid waste collection and disposal; issuance of 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 franchise from the department to carry on such a business. The franchise required by this
section shall be in addition to any local business tax receipt 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 11:00 p.m. and 7:00 a.m.
(c) No franchise granted pursuant to this chapter shall be deemed the property of the holder thereof.
(d) The city reserves unto itself the power to revoke all franchises granted pursuant to this chapter, to
change or limit the rights granted, or to otherwise modify the franchises, in its sole discretion, by
ordinance duly enacted by it. Such action shall not be deemed a taking of a property, contract, or
other right of any franchisee, it being the express intention of this chapter to reserve unto the city, the
power, in its sole discretion, to alter the methods of solid waste collection employed in the city, and
the manner in which to provide for solid waste services delivered within the city.
(e) The city commission is authorized, from time to time, to grant one or more 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.
(f) The franchise(s) shall be granted only after the applicant for the franchise has responded
successfully to the request for qualifications and filed with the purchasing department, an application,
and such other documentation as may reasonably by required to establish that the applicant meets all
of the requirements delineated in this chapter.
(g) The franchise(s) shall initially be granted for a period of five years, with three one-year options to
renew, upon approval of the application by the city commission. The option to renew any franchise(s)
for the additional three one-year periods shall be at the sole discretion of the city.
City of Miami Page 9 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
Sec. 22-47. Application for franchise.
Applications for a franchise shall be made to the purchasing department upon such form and in such
manner as shall be prescribed by the director of purchasing to elicit the following information and to
be accompanied by supporting documents and such other information as may be required by the
purchasing department:
(1) Name of applicant. If the applicant is a partnership or corporation, the names and business
addresses of the principal officers and stockholders and other persons having any financial or
controlling interest in the partnership or corporation. Provided, however, that if the corporation is a
publicly owned corporation having more than 25 shareholders, then only the names and business
addresses of the local managing officers shall be required.
(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:
a. Penalty history. If the applicant is an individual, a record of all convictions and the reasons
therefore shall be provided by the applicant. If the applicant is other than an individual, then the
record of all convictions and the reasons therefore of the principal controlling officers of applicant
shall be provided. Provided, however, that in the case of a publicly held corporation having 25 or
more shareholders, then only the aforementioned information applicable to its local managing officers
shall be required.
b. Fingerprints. The fingerprints of the persons mentioned in this subsection, a full set of which, for
each of such persons shall accompany the application. Such service shall be obtained from a public
agency.
c. Business history. Whether such applicant has operated a solid waste collection removal business
in this or another state under a franchise, permit or license and if so, where and whether such
franchise, permit or license has ever been revoked or suspended and the reasons therefore.
d. Existence of business entity. If the applicant is a corporation, applicant shall submit proof of
incorporation in good standing in the state of incorporation and, if a foreign corporation, applicant
shall provide information certifying that applicant is qualified to do business in the state. If applicant is
operating under a fictitious name, applicant shall be required to submit information that such fictitious
name is registered and held by applicant.
(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:
a. The type, number and complete description of all equipment to be used by the applicant for
providing service pursuant to this chapter.
b. A statement that applicant will use only city- and/or county -approved disposal sites for disposing of
all garbage, garden trash, industrial waste, and solid waste material which applicant collects and
removes, except those sites which heretofore have been approved by the State of Florida department
of environmental protection.
c. The names of customers and the addresses of each location served by the company.
(4) Insurance requirements.
a. The applicant for a franchise shall maintain insurance as specified herein and shall furnish a public
liability policy to the department and also file with the department a certificate of insurance for the
policy written in the applicant's name. The certificate shall provide that the policy contain an
endorsement requiring that the department shall be furnished with ten days' notice by registered mail
prior to cancellation or material changes in the policies. The applicant shall carry in the applicant's
own name an automobile liability insurance policy covering the applicant's operations with a combined
single limit of $1,000,000.00 per occurrence for bodily injury and property damage liability. The city
City of Miami Page 10 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
shall be listed as an additional insured for liability.
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 $25,000.00, 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. Said performance bond, or acceptable alternative, shall not expire prior to six (6)
months from the term of the franchise agreement and any extensions thereof.
(5) Liability of the city and the department. The above insurance requirements shall not be construed
as imposing upon the city or the department or any official or employee thereof any liability or
responsibility for injury to any person or damage to any property by the insured, the insured's agents
or employees.
(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 11:00 p.m., except as determined and defined by the director. Commercial corridors as
determined by the director.
(7) Application form. Each application for a franchise shall be made on a standard form promulgated
by the director of purchasing 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 purchasing
department. Upon receipt of a completed application, the director of purchasing shall review said
application and, if satisfactory in all respects, shall make recommendations to the city commission.
Sec. 22-50. Franchise fees erm;t par -accent fee(s`; ann, ial franchi�Tee; annual specialized waste
handling fee• anni ial safety inspection foe(sl
9T
(a) Commencing October 1 of every new fiscal year, each and every franchisee shall pay the
applicable permit per account fee, as provided by the schedule below, for each account that is
acquired or maintained through the fiscal year for purposes of providing commercial solid waste
services or specialized waste handling services.
acquircd or maintaincd throughout the new fiscal year with whom they contract for the provision of
and/or roll off utilized by franchisee in the course of providing solid waste services. The franchisee
customers. Said permit per account fee shall not be transferable.
Month of Applicable Fee
October $75.00
November $68.75
December $62.50
January $56.25
February $50.00
March $43.75
April $37.50
May $31.25
June $25.00
City of Miami Page 11 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
July $18.75
August $12.50
September $ 6.25
Said permit per account fee shall not be transferable.
(b) Beginning October 8, 2009, 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 amount of $7,500.00,
with such franchise fee being increased by $500.00 per year beginning October 1, 2010. Failure to
remit the required annual franchise fee by the due date shall result in a one and one-half percent
penalty per month on the balance due.
(c) Beginning October 8, 2009, each and every franchisee whose primary business is limited to solid
waste that requires special handling and management shall pay an annual specialized waste
handling permit fee by October 1 each year of the franchise term (and of any extension thereof) in the
amount of $3,500.00 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, 2010. Failure to remit the
required annual franchise fee by the due date shall result in a one and one-half percent penalty per
month on the balance due.
(d) Beginning October 1, 2010, each and every franchisee shall pay the city an annual $500.00 per
vehicle inspection fee. This is a regulatory fee as referenced in F.S. § 166.221. This fee is for the
municipal inspection of the vehicles being used by franchisee within the city. The inspection of each
vehicle will occur not less than on an annual basis. The applicable vehicles are those operated by
franchisee within the city boundaries. The vehicles will include, but are not limited to, roll -offs, grapple
trucks, front and rear end loaders, vector trucks, dump trucks, trailers, and any other vehicles used for
business, collection and disposal of any debris by the franchisee.
(e) Certified recovered materials dealers excluded from local franchise requirements pursuant to F.S.
§ 403.7046 shall be required to pay a registration fee as determined by the director of the department
for an annual period which will begin October 1st and end September 30th of each year.
*
*
*
Sec. 22-93. Enforcement and administrative fees.
{a) Any person, franchisee, firm, corporation or other legal entity who has not strictly complied with
the provisions of this chapter shall be subject to the enforcement procedures as set forth herein:
person, franchisee, firm, corporation or other legal entity in writing. Service shall be effected by
or older and informing that person of its contents, or the civil violation notice may be sent by certified
mail, return receipt reques4c otice--asp t forth abovo at the option of the
days in at least two locations, one of which shall be the property upon which the violation is alleged to
agcnt who posted the notice. Evidcncc that an attempt ha., been made to hand deliver or mail notice
together with proof of posting shall be sufficient that notice requirements have been met.
(a) The Director of Solid Waste, or designee, shall have the authority to initiate enforcement
proceedings against any person, franchisee, firm, corporation or other legal entity who has not strictly
complied with the provisions of this chapter.
(1) If an inspector finds a violation of this chapter, the Director of Solid Waste, or designee,
shall issue a notice of violation to the violator, as provided in section 2-823 of this
Code. The notice shall inform the violator of the nature of the violation, the amount of
City of Miami Page 12 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
fine for which the violator may be liable, instructions and due date for paying the fine,
notice that the violation may be appealed by requesting an administrative hearing
within ten (10) days after service of the notice of violation, and that failure to do so
shall constitute an admission of the violation and waiver of the right to a hearing.
A non -franchisee container or roll-off/container shall be subject to seizure and
impoundment. Written notice of the Department's intent to seize the roll-off/container
shall be posted to the roll-off/container which is subject to seizure and impoundment.
The Department shall not seize any roll-off/container within ten (10) days from the
posting of the written notice. In addition to posting notice, the Department shall also
provide written notice of such seizure and impoundment to all persons, firms,
corporations, or other legal entities, whom the Department knows, or with reasonable
investigation should know, to have a legal interest in the subject roll-off/container by
certified mail, return receipt requested, within 24 hours of posting notice. The written
notice shall include the following:
a. The name of the City department or division issuing such notice.
b. The date upon which the notice was issued.
c. The date that the notice was posted to the roll-off/container.
d. The section number of the City code or ordinance that has been violated.
e. Notice that the Department will seize and impound the roll-off/container in the event
that the roll-off/container is not removed from the premises within ten (10) days
from the date of the posting of the written notice.
f. Notice of the right to request a preliminary hearing, pursuant to section 22-94, to
contest the seizure and impoundment of the roll-off/container.
g_ Notice of the right to request a preliminary hearing, pursuant to section 22-94, to
contest the seizure and impoundment of the roll-off/container and immediately
retrieve the roll-off/container from the Department upon the posting with the
Department a cash bond in the amount of $500.00, plus costs incurred by the
Department.
h. Notice of the right to waive the preliminary hearing and immediately retrieve the
roll-off/container from the Department upon the payment of a $500.00
administrative penalty, plus costs incurred by the Department.
i. Notice that the failure to request a preliminary hearing within ten (10) days after the
notice was mailed shall constitute a waiver of the right to a preliminary hearing
pursuant to section 22-94.
A container or roll-off/container that has been seized and impounded, which has not
been returned to the owner or interested party by virtue of a preliminary hearing,
appeal, or payment of an administrative penalty, shall become the property of the
Department.
(3) The Department is authorized to immediately seize and impound a container or
roll-off/container in the event the Department determines that said container or roll -off
container constitutes a public nuisance and poses a health and safety concern.
Written notice of the Department's action shall be posted at the site where the
container or roll-off/container was located. In addition to posting notice, the
Department shall also provide written notice of such seizure and impoundment to all
persons, firms, corporations, or other legal entities, whom the Department knows, or
with reasonable investigation should know, to have a legal interest in the subject
roll-off/container by certified mail, return receipt requested, within 24 hours of posting
notice. The written notice shall include the following:
a. The name of the City department or division issuing such notice.
City of Miami Page 13 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
b. The date upon which the notice was issued.
c. The date that the notice was posted at the location where the container or
roll-off/container was found.
d. The section number of the City code or ordinance that has been violated.
e. Notice of the right to request a hearing, pursuant to section 22-94, to contest the
seizure and impoundment of the roll-off/container.
f. Notice of the right to request a hearing, pursuant to section 22-94, to contest the
seizure and impoundment of the roll-off/container and immediately retrieve the
roll-off/container from the Department upon the posting with the Department a cash
bond in the amount of $500.00, plus costs incurred by the Department.
g_ Notice of the right to waive the hearing and immediately retrieve the
roll-off/container from the Department upon the payment of a $500.00 fine, plus
costs incurred by the Department.
h. Notice that the failure to request a hearing within ten (10) days after the notice was
mailed shall constitute a waiver of the right to a preliminary hearing pursuant to
section 22-94.
{2)(4) A violator who has been served with a civil infraction notice shall elect either to:
a. Pay the civil penalty in the manner indicated on the infraction notice, and correct
the violation; or
b. Request an administrative hearing before a hearing officer to appeal the
determination of the enforcement officer which resulted in the issuance of the civil
infraction notice.
{5))
An appeal for administrative hearing shall be accomplished by filing a request in
writing to set the hearing for review and mailing said request to the code
enforcement clerk or his/her designee or to the address indicated on the notice, no
later than ten (10) days after the service of the civil infraction.
If the named violator, after notice, fails to pay the civil penalty and correct the
violation (within the time specified), or fails to timely request an administrative
hearing before a hearing officer, such failure shall constitute a waiver of the
violator's right to an administrative hearing before a hearing officer. A waiver of the
right to administrative hearing shall be treated as an admission of the violation and
penalties may be assessed accordingly.
Upon receipt of a named violator's timely request for an administrative hearing, the
code enforcement clerk or his/her designee shall set the matter down for hearing
on the next available regularly scheduled hearing date or as soon as possible.
The code enforcement clerk or his/her designee shall send a notice of hearing by
certified mail to the violator at his/her last known address. The notice of hearing
shall include but not be limited to the following:
a. Name of the enforcement officer who issued the notice;
b. Factual description of the alleged violation;
c. Date of alleged violation;
d. Section of the Code allegedly violated;
e. Place, date and time of hearing;
f. Right of violator to be represented by an attorney;
g. Right of violator to present witnesses and evidence; and
h. Notice that failure of violator to attend a hearing may result in civil penalty being
City of Miami Page 14 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
(70_)
assessed against him/her.
The hearing officer shall conduct hearings on a regularly scheduled monthly basis
or more frequently upon request of the city manager or his/her designee. No
hearing shall be set sooner than 20 days from the date of service of the civil
infraction.
(-8)(10) All hearings before the hearing officer shall be open to the public. All testimony
shall be under oath. Upon proper notice, a hearing may proceed in the absence of
the named violator.
{)(11) The violator shall be allowed to make a record of the hearing by the use of a court
reporter; such recording may be transcribed at the expense of the party requesting
the transcript. The party desiring the court reporter shall be responsible for the
appearance fee.
{1-0-)(12) The city manager, or his/her designee, shall provide clerical and administrative
personnel to facilitate the proper issuance of civil infraction notices, processing and
review of cases as may be reasonably required, and for the proper performance of
clerical and hearing officer's duties.
{11)(13) Each case before a hearing officer shall be presented by the enforcement officer or
representative of the department which issued the violation
{12)(14) The hearing need not be conducted in accordance with formal rules of evidence.
Any relevant evidence shall be admitted if the hearing officer finds it competent and
reliable, regardless of the existence of any common law or statutory rule to the
contrary.
43)(15) Each party shall have the right to call and examine witnesses, to introduce exhibits,
to cross examine opposing witnesses on any matter relevant to the issues even
though that matter was not covered in the direct examination, to impeach any
witness regardless of which party first called him to testify, and to rebut the
evidence against him.
44)(16) The hearing officer shall make findings of fact based on the evidence in the record
alone. In order to make a finding upholding an enforcement officer's determination
that a violation exists, the hearing officer must find that a preponderance of the
evidence indicates that the violator was legally responsible for the infraction of the
relevant section of the city ordinance or city Code as cited, and that a violation
does/did in fact exist.
{15)(17) The prescribed time for correction of the violatio given to he named violator and
contained in the notice of violation shall be presumed to have been a reasonable
time for correction. Upon presentation of relevant evidence by the named violator
that the time for correction was not reasonable, the hearing officer may make a
redetermination as to the reasonableness of the time for correction contained in the
notice of violation, if the tiewas less than five days.
{1-6)(18) Ifthenamed violator is found guilty of the violation, he/she may be held liable for the
costs of the prosecution.
City of Miami Page 15 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
{17)(19) 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 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 ordinance 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:
a. Amount of civil penalty; and
b. Costs of prosecution.
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.
43-)(20) The hearing officer shall have the power to:
a. Adopt procedures for the conduct of hearings;
b. Subpoena alleged violators and witnesses for hearings; subpoenas may be
served by either the city police department or by the staff of the hearing officer;
c. Subpoena evidence;
d. Take testimony under oath; and
e. Assess and order the payment of civil penalties as provided herein.
(b) Appointment and qualifications of sanitation inspectors, powers and duties.
(1) The city manager is hereby authorized to designate and appoint, as sanitation inspectors,
certain city employee(s), normally trained and assigned to inspection functions for the purpose of
enforcing this chapter and the rules and regulations pertaining thereto.
(2) Sanitation inspectors shall have the following qualifications:
a. A high school diploma or its equivalent.
b. Satisfactory completion of a course of at least 40 hours' duration pertaining to the duties of
sanitation inspectors, which course shall be jointly given by the directors of the city police department,
department of general services administration, department of public works, law department and other
relevant departments.
c. Approval and certification by the city police chief as persons of good moral character and
standing in the community suited by temperament and learning to be sanitation inspectors of the city.
(3) Sanitation inspectors shall, while on duty:
a. Issue notices of noncompliance and perform such other acts pursuant to section 22-5(b)
for enforcement of this chapter.
b. Perform such additional duties as may be prescribed by ordinance or by administrative
orders, regulations and directives as may be issued by the city manager.
(4) Sanitation inspectors shall be identified either by special uniform or badge or both.
Sanitation inspectors shall not carry firearms.
(c) Obstructing sanitation inspector in the performance of duties.
(1) Whoever opposes, obstructs, or resists the sanitation inspector or other person authorized by
the sanitation inspector, in the discharge of his or her duty, as provided in this section, shall be guilty
of a violation of this chapter, and, upon conviction thereof, shall be punished as provided in section 1-
13.
(2) Sanitation inspectors shall notify the city police department immediately when in their
City of Miami Page 16 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
judgment an arrest or forcible restraint becomes the appropriate response to a situation.
(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:
Sec. 22-94. Hearings.
(a) The owner, or authorized representative, of a roll-off/container that has been seized and
impounded pursuant to section 22-93 (a)(2) or 22-93 (a)(3) of this Chapter, may file a written request
with the Department of Hearing Boards for a preliminary hearing within ten (10) days from the date
notice is mailed.
(1) The hearing shall be scheduled before a special master of the city within ten (10) days of
receipt of the written request, excluding Saturdays, Sundays, and legal holidays.
(2) At the hearing, the city shall have the burden to show that probable cause exists to believe
that the roll-off/container constitutes a public nuisance under Chapter 22 of the city
code and is subject to impoundment and continued seizure under section 22-93.
(3) The formal rules of evidence shall not apply at the hearing and hearsay and circumstantial
evidence is admissible.
If, after the hearing, the special master determines that probable cause exists to believe
that the roll-off/container is subject to impoundment and continued seizure, the special
master shall order the continued impoundment of the vehicle and set the date for a
final hearing. The owner, or authorized representative, may immediately retrieve the
roll-off/container from the Department upon the posting with the Department a cash
bond in the amount of $500.00, plus costs incurred by the Department, without
impairing the right to a final hearing.
If, after the hearing, there is a finding of no probable cause, the roll-off/container shall be
released forthwith to the owner, or authorized representative, without the imposition of
the administrative civil penalty. If the owner, or authorized representative, has already
posted a bond for the immediate release of the roll-off/container, the bond shall be
refunded to the owner or authorized representative.
(b) The final hearing shall be scheduled and held, unless continued by order of the special master, no
later than thirty (30) days after the date that the roll-off/container was seized and impounded. At the
final hearing, the city shall have the burden to show by clear and convincing evidence that the roll -off
container constitutes a public nuisance under Chapter 22 of the city code. If, after the hearing, a
finding is made that the roll-off/container is subject to impoundment and seizure, then the special
master shall enter an order finding the owner of the roll-off/container civilly liable to the city for an
administrative civil penalty of up to $500.00, as outlined in subsection 22-93 (a)(2)(h) or 22-93 (a)(3)
(g), plus costs incurred by the Department. If, after the hearing, a finding is made that the city did not
meet its burden of proof as set forth in this subsection, the roll-off/container shall be returned to the
owner along with any cash bond posted.
Sec. 22-95. Appeal.
The city or the owner of the roll-off/container that has been the subject of a seizure and impoundment
pursuant to sections 22-93 (a)(2) or 22-93 (a)(3) may, after a hearing pursuant to section 22-94,
appeal the final ruling and decisions of the special master to the appellate division of the circuit court
of the Eleventh Judicial Circuit of Miami -Dade County, Florida, within thirty (30) days of the date of
City of Miami Page 17 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024
File Number: 11-01078
the final order being appealed. The city may charge the appellant a reasonable fee for preparation of
the record for purposes of making the appeal.
*11
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
Footnotes:
{1} Words and/of figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are not 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 state
stated herein, whichever is later.
City of Miami Page 18 of 18 File Id: 11-01078 (Version: 1) Printed On: 8/22/2024