HomeMy WebLinkAboutO-13316City of Miami
Legislation
Ordinance: 13316
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00156 Final Action Date: 3/8/2012
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: 2) Printed On: 10/31/2017
File Number: 12-00156 Enactment Number: 13316
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, 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", 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
City of Miami Page 2 of 5 File Id: 12-00156 (Version: 2) Printed On: 10/31/2017
File Number: 12-00156 Enactment Number: 13316
the city beginning each October 1, to a franchisee, for every account with whom they it acquires or
maintains an agreeement 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", for purposes of this chapter, shall mean a
container or roll-off/container 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 a minimum capacity en ubi arres 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
City of Miami Page 3 of 5 File Id: 12-00156 (Version: 2) Printed On: 10/31/2017
File Number: 12-00156 Enactment Number: 13316
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
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 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 ermit-per-acco nt fee(s`; annual franch�Tee; annual specialized waste
handling fee• annual safety inspection foots\
(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
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
July $18.75
August $12.50
September $6.25
City of Miami Page 4 of 5 File Id: 12-00156 (Version: 2) Printed On: 10/31/2017
File Number: 12-00156 Enactment Number: 13316
Said permit per account fee shall not be transferable.
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 5 of 5 File Id: 12-00156 (Version: 2) Printed On: 10/31/2017