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Home My WebLink AboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive - Miami, FL 33133 www.miamigov.com File Number: 12-00156 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 SECTIONS 22-1, 22-47 AND 22-50 TO ADD DEFINITIONS, ADD A MINIMUM PERIOD OF DURATION FOR PERFORMANCE BONDS, PROVIDE FOR ENHANCED MANAGEMENT, AND PRORATE THE EXISTING PERMIT PER ACCOUNT FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the proposed amendments as stated herein 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 of Miami's commercial solid waste franchise, prorate the existing permit per account fee, 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 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. 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 the provisions of this chapter. City of Miami Page 1 of 5 • File Id: 12-00156 (Version: 1) Printed On: 2/13/2012 File Number: 12-00156 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 mean and 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). 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, environmental waste cervices (vector), 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", for purposes of this chapter, 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. • ..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 it acquires or City ofMia,ni Page 2 of 5 File Id: 12-00156 (Version: 1) Printed On: 2/13/2012 File Number: 12-00156 maintains an agreeement throughout during the fiscal year for purposes of providing the provis on 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", for purposes of this chapter, 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. Roll-off/container. The term "roll-off/container" shall mean a metal container, compacted or open, with 3 minimum capacity of ten cubic yardc or without wheels, designed and used by 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. ARTICLE II. REGULATION OF PERSONS ENGAGED IN COMMERCIAL COLLECTION 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: * - (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 City of Miami Page 3 of 5 File Id: 12-00156 (Version: 1) Printed On: 2/13/2012 File Number: 12-00156 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 shall be listed as an additional insured for liability. b. A performance bond or an acceptable alternative in an amount equal to the contractors 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 alternative acceptable by the Department, shall not expire prior to six (6) months from the commencement of the term of the franchise agreement and any extensions thereof. Sec. 22-50. Franchise fees; permit per account fee(s`; annuaI franchise annual specialized „fie haandling-fee nnual safety ,nspe c�inn fee(s� (a) Commencing October 1 of every new fiscal year, each and every franchisee shall pay the applicable annual 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. acquired or maintained throughout the new fiscal year with whom they contract for the provision of c-tI ers,Said-per er # ee-shall not be transfera#Ie. 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 July $18.75 August $12.50 September $6.25 Said permit per account fee shall not be transferable. City of Miami Page 4 of 5 File Id: 12-00156 (Version: 1) Printed On: 2/13/2012 File Number: 12-00156 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} APPROVED AS TO FORM AND CORRECTNESS: %/f JULIE 0. CITY ATTORNEY 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. Cite of Miami _ Page 5 of 5 File Id: 12-00156 (Version: 1) Printed On: 2/13/2012