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ti- „e. J-99-498 6/14/99 ORDINANCE NO. • 11807 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, •AS AMENDED, ENTITLED "GARBAGE 'AND OTHER SOLID WASTE," RELATING TO 'THE PROVISION OF SOLID WASTE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; PROVIDING THAT SOLID WASTE ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; PROVIDING THAT THE SOLID WASTE ASSESSMENTS MAY BE COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, AS AMENDED; MORE PARTICULARLY BY AMENDING SECTION 22-12 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 22, entitled "Garbage and Other Solid Waste," of the Code'of the City of Miami, Florida,, as amended, is hereby amended in the following particulars:11 11 * * * "CHAPTER 22 Garbage and Other Solid Waste ARTICLE 1. IN GENERAL Sec. 22-12. Waste fees. * 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. 11807 • (a) An annual waste fee is hereby assessed upon all city serviced residential units as defined in section 22-1 and as set forth herein. These fees shall apply to residential units within the city not serviced by private sanitation companies and shall serve to defray the cost of waste collection and disposal. Effective October 1, 1999, the city may utilize the uniform method of collection pursuant to Chapter 197 of the Florida Statutes, whereby residential unit owners shall pay for residential solid waste collection services on the tax bill, in accordance with the provisions of Chapter 197 of the Florida Statutes, as amended. Tf the city elects not to use the tax hill collection method then oGne-half of said annual fee amount shall be due and collectible on January 1 and on July 1 of each calendar year, beginning January, 1999, as follows: Fiscal Year 1998--1999 1999--2000 2000--2001 2001--2002 Annual Fee $214.00 216.00 236.00 260.00 2002--2003 266.00 (b) All fees billed shall be due.and collectible..upon receipt. The.. fact that'any residential unit or any commercial establishment located in the city is occupied shall be prima facieevidence that garbage -and other refuse is being accumulated or produced upon such premises; and temporary vacancy shall not authorize a refund or excuse the nonpayment of the applicable fee. Tn the event the city elects to iuse the tax bill collection method and upon the adoption of the assessment roll, all solid • waste assessments shall const,it.ute a lien against assessed property equal in rank and dignity with the liens of all state county, district-, or municipal taxes and special assessments. J xcept as otherwise provided by law, such liens shall be superior in dignit.y to all. other period liens, mortgages, titles, and claims until paid. The lien for a solid waste assessment shall he .deemed perfected upon adoption by the city commission of the final assessment resol iit i on, whichever is applicable. The lien for a solid waste assessment shall he deemed perfected upon adoption by the city commission of the final assessment re.sol uti on or the annual rate resolution, whichever is applicable. The lien for a solid waste assessment collected under the Uniform Assessment Collection Act -2- 11807 • shall attach to the property included on the assessment roll as of the prior.' Jarntiary l,• the i er date for ad valorem taxes imposed under the tax roll. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. 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 4. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservationof peace, health, safety, and property. of the of Miami, and the required upon the further grounds of the necessity, to and necessary payments to its employees City make and officers, payment of its debts, necessary and required purchases of gdods and supplies and to .generally carry -on -the functions'and duties of municipal affairs.... Section 5. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 6. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or• relettered and that the word "ordinance" may be changed to "section", "article", or other 11807 appropriate word to accomplish such intention. Section 7. This Ordinance' shall become effective immediately upon its adoption and signature of the Mayor.21 PASSED AND ADOPTED BY TITLE ONLY this 22nd June , 1999. day of JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) days from the date of Commission attic t garding same, withOin the Mayor exercising a veto. ATTEST: eman, City lark WALTER J. FOEMAN CITY CLERK APPROVED A • TO R `` AND CORRECTNESS:/ r • ��,+i;�' • V I LAKE LLO TY TORNEY W72.':GKW:BSS. 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. -4- 11807 • CITY OF MIAMI, FLORIDA 411 INTER -OFFICE MEMORANDUM I 1 TO: The Honorable Mayor and Membets of the City Commission FROM • 0 nald H. Warshaw City Manager DATE: SUBJECT: REFERENCES: ENCLOSURES: JUN 1 5 1999 FILE : Uniform Method Of Collection Solid Waste Residential Accts RECOMMENDATION It is respectfully requested that the City Commission approve the amendments, as proposed, to the Garbage and Other Solid Waste Ordinance (Chapter 22 of the City's Code of Ordinances). These amendments formalize the action taken by the City Commission in January of this year by authorizing the placement of residential solid waste bills on the property tax bill as a non ad -valorem assessment. Further, this action does not preclude the City Commission from returning to direct billing should it desire to do so in the future. BACKGROUND Currently, solid waste fees are collected through two separate billings per year. The resolution approved by the City Commission acknowledged the efficiency of eliminating these two separate billings for consolidation into the property tax bill. Using this method of collection also allows residents to pay this assessment through their mortgage company which could expand their payments over a 12-month period versus two semi-annual payments. Further, for those that do not pay through a mortgage company, the opportunity to spread the payments quarterly is also afforded through the County. 11807 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review Vida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11807 in the XXXXX Court, was published inisldrlgwspaper In the Issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Dade County, Florida, for a period of one y ` e t preceding the first publication o1 the attached cop • f adv: rtisement; and afflant further says that she has net. er pale nor promised any person, firm or corporation an ;disco t, rebate commission or refund for the purpose of •ecu g this ac}osrtisement for publication In the said (SEAL) Sookie WiIII Sworn _to and subscribed before me thlsls July day of A.D. 18 Pcly PU OFFICIAL NOTARY SEAL 0:tersonaaA}m @Ytie.H MARMER (i` 0 comti1SSI0N N!$MBER k.rtt CC545384 MY COMMISSION EXPIRES APR. 12,2000 „- -LEGAL:N®TICg::,,; All interested persons•will'take notice tYat'on the 22nd day,:of June; 190,•the City: Commission of Miami, Florida adopted the4:loll'owing'ti- lied ordinance`F sl'i• `'' ' ' ' ` ' ' `` -ORDINANCE NO, 11806 ' AN EMERGENCY -ORDINANCE.. OF THE- }MIAMI ` CiTY I. •.'COMMISSION; ESTABLISHING •A ..NEW SPECIAL" RE,' , VENUE 'FUND . ENTITLED: ` 1999 WAGES..COALITION ~' SUMMER•CAMP"'AND'APPROPRIATING 'FUNDS 'FOR THE •.. • OPERATION OF SAID. PROGRAM iN. THE AMOUNT OF UP. .•• TO'S50,000, CONSISTING OF A GRANT ROM THE DADE- ' MONROE WAGES. COALIT!ON;'.FURTHER AUTHORIZING ;.,:THE CITY` MANAGER -TO • EXECUTE' THE iNECESSARY'', DOCUMENTS, IN A FORM ACCEPTABLE TO THE'CITY, AT ' -' TORNEY;' FOR THE,ACCEPTANCE •OF ::..SAID: GRANT; . ;•' CONTAINING A..'.REPEALER • PROVISION'' -AND. ;A :SEVERABILITY , CLAUSE; ,:•AND , PROVIDING _F0F, .AN . .. ; EFFECTIVEIDATE f, r ; oar ORDINANCE NO 11807 €• ;AN`rEMERGENCY;y,ORDINANCE OF THE `MIAMI�;•CITY ' OMMiSSION;AMENDINGrCHAPTER 22 OF'THE-CODE•OF.: HE.CITY OF MIRMI FLORIDA AS -AMENDED; ENTITLED .''GARBAGE, -AND; OTHER• SOL'ID'WASTE „RELATING• -TO a. 'THE .PROVISION ,OFF tSOUD {;WASTE SERVICES K`r :.FACILITIES AND:.,PROGRAMS IN THE CITY'OFY'M{AM{ �'FLOialDA; PROVIDING THAT SOLID WASTE ASSESS j MEtJTS :CONSTITUTE IA LIEN ON'ASSESSED' PROPERTY .•: EQUALTNRANK AND DIGNITY WiTH THE LIENS OF, ALL. -r'.1 I !' STATE, :COUNTY, DISTRICT OR •MUNICIPAL`TAXES"AND'- '• •i.ASSESSMENTS• AND SUPERIOR • IN DIGNITY TO`''ALL r ; OT.HER'-.:PRIOR, •LIENS„,''MORT,GAGES TITLES , AND . ;:.a- CLAIMS.,PROVI'DING'-j, THAT ' THEOLID .WASTE•:' ASSESSMENTS+,:MAY'',BE: COLLECTED =PURSUANT ,,SECTIONS 197.36321AND 1973635, FLORIDA. STATUTES,' .1 h ,_• AS AMENDED' MORE --PARTICULARLY BYE-AMENDING-.,N SECTION '22.12,:'OF 'SAID: CODE; CONTAINING -A 'r'REPEALER-PROVISION AND A SEVERABILITY CLAUSE; PROVIDING,FOR•AN EFFECTIVE DATE;'AND. PROVIDING -FOR;INCLUSION IN THE.CiT:Y;CODE.,'._ .,^ Y ^4, , • ORDINANCE NO 11808 AN ORDINANCE ".OF THE • MIAMI'' CITY COMMISSION' AMENDING, THE"'•FUTURE��LAND''USE •MAP,,•OF•.THE ": • •COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE .LAND USE'^'DESIGNATION'-"OFI• THE` .PROPERTY'' ' LOCATED -AT APPROXIMATELY475-2727•SOUTHWEST a:10TH„TERRACE-, `:MIAMI .'FLORIDA; < <FRQM',.'MEDIUM ' 'DENSITY':RESIDENTIAL%TO RESTRICTED" COMMERCIAL; MAKING' FINDINGS DIRECTING: TRANSMITTALS• TO " AFFECTED' AGENCIES F CONTAINING A f REPEALER PROVISION AND. s A SEVERA8ILITY ! CLAUSE,!''�AND ;' " PROVID1NG FOR-AN.EFFECTIVE.DATEa `.•rt• ' • - ORDINAN E NO t , 009 . - '• •AN ORDINANCE OF THE ;-MIAMI 1GITY •. COMMISSION -AMENDING, PAGE NO,`40•OF.THE ZONING ATLAS OF THE- ; ' CITY OF MIAMI, FLORIDA=BY CHANGING THE ZONING 1 •CLASSIFICATION e. FROM ` R=3 MULTIFAMILY 'MEDIUM:1; • •:DENSITY, RESIDENTIAL -,-TO,' C 1,: RESTRICTED' COM' J - i MERCIAL'/=:::FORkr•THE' PROPERTYr, LOCATEDr''AT "AP= 3 •. • PROXIMATELY:2725!272T-SOUTHWEST`10TH:•TERRACE, • MIAMI FLORIDA: EXCEPT. `FOR A ONE. FOOT •;(1') t PERIMETER RUNNINGALONG THE ,WEST ;BOUNDARY OFt` THE WHEREIN DESCRIBEDc '-PROPERTY;' MAKING: , FINDINGS; CONTAININGR A•PEER PROVISION SEVERABILITY. ;CLAUSE; • •ANDALPROVIDING FOR:,'AN EFFECTIVE DATE. • • ORDINANCE NO t'.. `• 'AN ORDINANCE 'OF THE. MIAMI,: CITY COMMISSION ' AMENDINGCPTER 4 OF THE CODE OF THE. CITY .OF ` ME • MIAMI; HA FLORIDA, AS ANDED„-ENTITLEDi"'ALCOHOLIC . BEVERAGES;";.TO MODIFY PROVISIONS, RELATED TO 'RETAIL=•SPECIALTY CENTERS, TO- ADD A. DEFINITION •FOR "CENTER. DESIGN: DISTRICT,.": TO INCLUDE THE. • ..-CENTRAL'DESIGN DISTRICT,•AS AN•EXCEPTION AREA •TO:DISTANCE.-REQUIREMENTS,.. ANDTO PERMIT FOOD '- ,1 ESTABLISHMENTS, AS 'SET FORTH- IN SECTION 4,13. - was introduced by Vice Chairman Gort and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr, Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. Whereupon the Commission on motion of Vice Chairman Gort and seconded by Commissioner Sanchez adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11806 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public 21. EMERGENCY ORDINANCE: AMEND CODE SECTION 22-12 "GARBAGE AND OTHER SOLID WASTE," PROVIDE THAT SOLID WASTE ASSESSMENTS CONSTITUTE A LIEN PROPERTY EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; PROVIDING THAT THE SOLID WASTE ASSESSMENTS MAY BE COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES (PLACE SOLID WASTE BILLS ON TAX NOTICES). Chairman Plummer: Item 11. Also, an emergency ordinance requiring a four/fifths vote. Vice Chairman Gort: Move it. Chairman Plummer: Garbage and other solid waste relating to the solid waste services for the City, Moved by Gort, Seconded by Teele, Anyone wishing to discuss the item? Item Number 11. Read the ordinance. Call the roll. 83 June 22, 1999 An Ordinance Entitled - AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CIIAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; PROVIDING THAT SOLID WASTE ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; PROVIDING THAT THE SOLID WASTE ASSESSMENTS MAY BE COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, AS AMENDED; MORE PARTICULARLY BY AMENDING SECTION 22-12 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. was introduced by Vice Chairman Gort and seconded by Commissioner Teele, for adoption as an emergency measure, and dispensing with the requirement of reading saine on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. Whereupon the Commission on motion of Vice Chairman Gort and seconded by Commissioner Teele, adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez. Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. 84 June 22, 1999 SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11807 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public 22. DISCUSS / TABLE CONSIDERATION OF MODEL CITY NET SERVICE STATION. (See section #6S) Chairman Plummer: As previously announced, Mr. Teele, I'm going to take up, at 3 o'clock, the Little -- Model Cities NET (Neighborhood Enhancement Team) Office. It's 3 o'clock, sir, and we offered that would be done at this time. Vice Chairman Gort: It's a companion. Twelve is a companion of 11, Chairrnan Plummer: Are they the people -- is 12.,. Vice Chairman Gort: Twelve is a companion of 11. Chairman Plummer: It doesn't so state. Commissioner Teele: Can you do it at 3:10? Chairman Plummer: We said, at 3 p.m., we'd take up Model Cities NET. Now, do you want to do it now or later? Commissioner Teele: At 3:10. Chairman Plummer: Three ten. Commissioner Teele: Are there people --are there citizens here from the area on that item? Chairman Plummer: Is there anyone here that's here for the purposes of Item 35, the Model Cities NET Office Presentation? Mr. Packingham is here. All right. You can wait 10 minutes? So be it. 23. APPROVE INTERGOVERNMENTAL COOPERATION AGREEMENT, WHICH REQUESTS AND AUTHORIZES THE PROPERTY APPRAISER TO INCLUDE THE CITY OF MIAMI NON -AD VALOREM ASSESSMENTS FOR FIRE -RESCUE SERVICES AND FACILITIES AND SOLID WASTE SERVICES AND FACILITIES ON THE "NOTICE OF PROPOSED PROPERTY TAXES AND PROPOSED OR ADOPTED NON -AD VALOREM ASSESSMENTS," COMMONLY REFERRED TO AS THE TRIM NOTICE. Chairman Plummer: All right. Item 12, Vice Chairman Gort: Move it. Chairman Plummer: Item 12 is a resolution on the Fire -Rescue Service and Solid Waste Services and for the Trim Notice, Now, let's get down to brass tax. Is this the Trim Notice predicated an what stipulated 85 June 22, 1999 oL ' onstitution : v iew statutes : ()mine unsliine Page 1 of 4 Select Year: 2014 ' Go The 2014 Florida Statutes Title XIV Chapter 197 View Entire Chapter TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS 197.3632 Uniform method for the levy, collection, and enforcement of non -ad valorem assessments.— (1) As used in this section: (a) "Levy" means the imposition of a non -ad valorem assessment, stated in terms of rates, against all appropriately located property by a governmental body authorized by law to impose non -ad valorem assessments. (b) "Local government" means a county, municipality, or special district levying non -ad valorem assessments. (c) "Local governing board" means a governing board of a local government. (d) "Non -ad valorem assessment" means only those assessments which are not based upon millage and which can become a lien against a homestead as permitted in s. 4, Art. X of the State Constitution. (e) "Non -ad valorem assessment roll" means the roll prepared by a local government and certified to the tax collector for collection. (f) "Compatible electronic medium" or "media" means machine-readable electronic repositories of data and information, including, but not limited to, magnetic disk, magnetic tape, and magnetic diskette technologies, which provide without modification that the data and information therein are in harmony with and can be used in concert with the data and information on the ad valorem tax roll keyed to the property identification number used by the property appraiser. (g) "Capital project assessment" means a non -ad valorem assessment levied to fund a capital project, which assessment may be payable in annual payments with interest, over a period of years. (2) A local governing board shall enter into a written agreement with the property appraiser and tax collector providing for reimbursement of necessary administrative costs incurred under this section. Administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. (3)(a) Notwithstanding any other provision of law to the contrary, a local government which is authorized to impose a non -ad valorem assessment and which elects to use the uniform method of collecting such assessment for the first time as authorized in this section shall adopt a resolution at a public hearing prior to January 1 or, if the property appraiser, tax collector, and local government agree, March 1. The resolution shall clearly state its intent to use the uniform method of collecting such assessment. The local government shall publish notice of its intent to use the uniform method for collecting such assessment weekly in a newspaper of general circulation within each county contained in the boundaries of the local government for 4 consecutive weeks preceding the hearing. The resolution shall state the need for the levy and shall include a legal description of the boundaries of the real property subject to the levy. If the resolution is adopted, the local governing board shall send a copy of http://www.leg.state.fl.us/statutes/index.cfin?App_mode=Display_Statute&Search String=... 6/12/2015 statutes & Constitution : View Statutes : Online Sunshine Page 2 of 4 it by United States mail to the property appraiser, the tax collector, and the department by January 10 or, if the property appraiser, tax collector, and local government agree, March 10. (b) Annually by June 1, the property appraiser shall provide each local government using the uniform method with the following information by list or compatible electronic medium: the legal description of the property within the boundaries described in the resolution, and the names and addresses of the owners of such property. Such information shall reference the property identification number and otherwise conform in format to that contained on the ad valorem roll submitted to the department. The property appraiser is not required to submit information which is not on the ad valorem roll or compatible electronic medium submitted to the department. If the local government determines that the information supplied by the property appraiser is insufficient for the local government's purpose, the local government shall obtain additional information from any other source. (4)(a) A local government shall adopt a non -ad valorem assessment roll at a public hearing held between January 1 and September 15 if: 1. The non -ad valorem assessment is levied for the first time; 2. The non -ad valorem assessment is increased beyond the maximum rate authorized by law or judicial decree at the time of initial imposition; 3. The local government's boundaries have changed, unless all newly affected property owners have provided written consent for such assessment to the local governing board; or 4. There is a change in the purpose for such assessment or in the use of the revenue generated by such assessment. (b) At least 20 days prior to the public hearing, the local government shall notice the hearing by first -class United States mail and by publication in a newspaper generally circulated within each county contained in the boundaries of the local government. The notice by mail shall be sent to each person owning property subject to the assessment and shall include the following information: the purpose of the assessment; the total amount to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the local government will collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. However, notice by mail shall not be required if notice by mail is otherwise required by general or special law governing a taxing authority and such notice is served at least 30 days prior to the authority's public hearing on adoption of a new or amended non -ad valorem assessment roll. The published notice shall contain at least the following information: the name of the local governing board; a geographic depiction of the property subject to the assessment; the proposed schedule of the assessment; the fact that the assessment will be collected by the tax collector; and a statement that all affected property owners have the right to appear at the public hearing and the right to file written objections within 20 days of the publication of the notice. (c) At the public hearing, the local governing board shall receive the written objections and shall hear testimony from all interested persons. The local governing board may adjourn the hearing from time to time. If the local governing board adopts the non -ad valorem assessment roll, it shall specify the unit of measurement for the assessment and the amount of the assessment. Notwithstanding the notices provided for in paragraph (b), the local governing board may adjust the assessment or the application of the assessment to any affected property based on the benefit which the board will provide or has provided to the property with the revenue generated by the assessment. http://www.leg.state,fl.us/statutes/index.ef n?App_mode—Di splay_Statute&Search_String=... 6/12/2015 staiuies ac constitution : v iew statutes : Online Sunshine Page 3 of 4 1(5)(a) By September 15 of each year, the chair of the local governing board or his or her designee shall certify a non -ad valorem assessment roll on compatible electronic medium to the tax collector. The local government shall post the non -ad valorem assessment for each parcel on the roll. The tax collector shall not accept any such roll that is not certified on compatible electronic medium and that does not contain the posting of the non -ad valorem assessment for each parcel. It is the responsibility of the local governing board that such roll be free of errors and omissions. Alterations to such roll may be made by the chair or his or her designee up to 10 days before certification. If the tax collector discovers errors or omissions on such roll, he or she may request the local governing board to file a corrected roll or a correction of the amount of any assessment. (b) Beginning in 2009, by December 15 of each year, the tax collector shall provide to the department a copy of each local governing board's non -ad valorem assessment roll containing the data elements and in the format prescribed by the executive director. In addition, beginning in 2008, a report shall be provided to the department by December 15 of each year for each non -ad valorem assessment roll, including, but not limited to, the following information: 1. The name and type of local governing board levying the non -ad valorem assessment; 2. Whether or not the local government levies a property tax; 3. The basis for the levy; 4. The rate of assessment; 5. The total amount of non -ad valorem assessment levied; and 6. The number of parcels affected. (6) If the non -ad valorem assessment is to be collected for a period of more than 1 year or is to be amortized over a number of years, the local governing board shall so specify and shall not be required to annually adopt the non -ad valorem assessment roll, and shall not be required to provide individual notices to each taxpayer unless the provisions of subsection (4) apply. Notice of an assessment, other than that which is required under subsection (4), may be provided by including the assessment in the property appraiser's notice of proposed property taxes and proposed or adopted non -ad valorem assessments under s. 200.069. However, the local governing board shall inform the property appraiser, tax collector, and department by January 10 if it intends to discontinue using the uniform method of collecting such assessment. (7) Non -ad valorem assessments collected pursuant to this section shall be included in the combined notice for ad valorem taxes and non -ad valorem assessments provided for in s. 197.3635. A separate mailing is authorized only as a solution to the most exigent factual circumstances. However, if a tax collector cannot merge a non -ad valorem assessment roll to produce such a notice, he or she shall mail a separate notice of non -ad valorem assessments or shall direct the local government to mail such a separate notice. In deciding whether a separate mailing is necessary, the tax collector shall consider all costs to the local government and taxpayers of such a separate mailing and the adverse effects to the taxpayers of delayed and multiple notices. The local government whose roll could not be merged shall bear all costs associated with the separate notice. (8)(a) Non -ad valorem assessments collected pursuant to this section shall be subject to all collection provisions of this chapter, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment. (b) Within 30 days following the hearing provided in subsection (4), any person having any right, title, or interest in any parcel against which an assessment has been levied may elect to prepay the same in whole, and the amount of such assessment shall be the full amount levied, reduced, if the local http://www.leg. state.fl.us/statutes/index.cfm?App_mode—Display_Statute&S earch_String=... 6/12/2015 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 4 government so provides, by a discount equal to any portion of the assessment which is attributable to the parcel's proportionate share of any bond financing costs, provided the errors and insolvency procedures available for use in the collection of ad valorem taxes pursuant to s. 197.492 are followed. (c) Non -ad valorem assessments shall also be subject to the provisions of s. 192.091(2)(b), or the tax collector at his or her option shall be compensated for the collection of non -ad valorem assessments based on the actual cost of collection, whichever is greater. However, a municipal or county government shall only compensate the tax collector for the actual cost of collecting non -ad valorem assessments. (9) A local government may elect to use the uniform method of collecting non -ad valorem assessments as authorized by this section for any assessment levied pursuant to general or special law or local government ordinance or resolution, regardless of when the assessment was initially imposed or whether it has previously been collected by another method. (10)(a) Capital project assessments may be levied and collected before the completion of the capital project. (b)1. Except as provided in this subsection, the local government shall comply with all of the requirements set forth in subsections (1)-(8) for capital project assessments. 2. The requirements set forth in subsection (4) are satisfied for capital project assessments if: a. The local government adopts or reaffirms the non -ad valorem assessment roll at a public hearing held at any time before certification of the non -ad valorem assessment roll pursuant to subsection (5) for the first year in which the capital project assessment is to be collected in the manner authorized by this section; and b. The local government provides notice of the public hearing in the manner provided in paragraph (4)(b). 3. The local government is not required to allow prepayment for capital project assessments as set forth in paragraph (8)(b); however, if prepayment is allowed, the errors and insolvency procedures available for use in the collection of ad valorem taxes pursuant to s. 197.492 must be followed. (c) Any hearing or notice required by this section may be combined with any other hearing or notice required by this section or by the general or special law or municipal or county ordinance pursuant to which a capital project assessment is levied. (11) The department shall adopt rules to administer this section. History.—s. 68, ch. 88-130; s. 7, ch. 88-216; s. 8, ch. 90-343; s. 2, ch. 91-238; s. 1013, ch. 95-147; s. 1, ch. 97-66; s. 1, ch. 2003-70; s. 10, ch. 2008-173. 1Note.—Section 13, ch. 2008-173, provides that: "(1) The executive director of the Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under ss. 120.536(1) and 120.54(4), Florida Statutes, for the purpose of implementing this act. "(2) Notwithstanding any other provision of law, such emergency rules shall remain in effect for 18 months after the date of adoption and may be renewed during the pendency of procedures to adopt rules addressing the subject of the emergency rules." Copyright © 1995-2015 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String=... 6/12/2015 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 Select Year: 2014. The 2014 Florida Statutes Gom Title XIV Chapter 197 View Entire Chapter TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS 197.3635 Combined notice of ad valorem taxes and non -ad valorem assessments; requirements. —A form for the combined notice of ad valorem taxes and non -ad valorem assessments shall be produced and paid for by the tax collector. The form shall meet the requirements of this section and department rules and is subject to approval by the department. By rule, the department shall provide a format for the form of such combined notice. The form shall: (1) Contain the title "Notice of Ad Valorem Taxes and Non -ad Valorem Assessments." The form shall also contain a receipt part that can be returned along with the payment to the tax collector. (2) Contain the heading "Ad Valorem Taxes" within the ad valorem part and the heading "Non -ad Valorem Assessments" within the non -ad valorem assessment part. (3) Contain the county name, the assessment year, the mailing address of the tax collector, the mailing address of one property owner, the legal description of the property to at least 25 characters, and the unique parcel or tax identification number of the property. (4) Provide for the labeled disclosure of the total amount of combined levies and the total discounted amount due each month when paid in advance. (5) Provide a field or portion on the front of the notice for official use for data to reflect codes useful to the tax collector. (6) Provide for the combined notice to be set in type that is 8 points or larger. (7) Contain within the ad valorem part: (a) A schedule of the assessed value, exempted value, and taxable value of the property. (b) Subheadings for columns listing taxing authorities, corresponding millage rates expressed in dollars and cents per $1,000 of taxable value, and the associated tax. (c) A listing of taxing authorities in the same sequence and manner as listed on the notice required by s. 200.069(4)(a), with the exception that independent special districts, municipal service taxing districts, and voted debt service millages for each taxing authority shall be listed separately. If a county has too many municipal service taxing units to list separately, it shalt combine them to disclose the total number of such units and the amount of taxes levied. (8) Contain within the non -ad valorem assessment part: (a) Subheadings for columns listing the levying authorities, corresponding assessment rates expressed in dollars and cents per unit of assessment, and the associated assessment amount. (b) The purpose of the assessment, if the purpose is not clearly indicated by the name of the levying authority. (c) A listing of the levying authorities in the same order as in the ad valorem part to the extent practicable. If a county has too many municipal service benefit units to list separately, it shall combine them by function. http://www.leg. state.fLus/statutes/index. cfin?App_mode=Display_Statute&S earch_String=... 6/12/2015 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 (9) Provide instructions and useful information to the taxpayer. Such information and instructions shall be nontechnical to minimize confusion. The information and instructions required by this section shall be provided by department rule and shall include: (a) Procedures to be followed when the property has been sold or conveyed. (b) Instruction as to mailing the remittance and receipt along with a brief disclosure of the availability of discounts. (c) Notification about delinquency and interest for delinquent payment. (d) Notification that failure to pay the amounts due will result in a tax certificate being issued against the property. (e) A brief statement outlining the responsibility of the tax collector, the property appraiser, and the taxing authorities. This statement shall be accompanied by directions as to which office to contact for particular questions or problems. History.—s. 69, ch. 88-130; s. 8, ch. 88-216; s. 30, ch. 2011-151. Copyright © 1995-2015 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfm?App___mode=Display_ Statute&Search String=.. 6/12/2015 2014 Florida Statutes: Title XXIX Chapter 403 PUBLIC HEALTH ENVIRONMENTAL CONTROL View Entire Chapter 403.7049 Determination of full cost for solid waste management; local solid waste management fees.— (1) Each county and each municipality shall determine each year the full cost for solid waste management within the service area of the county or municipality. The department shall establish by rule the method for local governments to use in calculating full cost. In developing the rule, the department shall examine the feasibility of the use of an enterprise fund process by local governments in operating their solid waste management systems. (2)(a) Each municipality shall establish a system to inform, no less than once a year, residential and nonresidential users of solid waste management services within the municipality's service area of the user's share, on an average or individual basis, of the full cost for solid waste management as determined pursuant to subsection (1). Counties shall provide the information required of municipalities only to residential and nonresidential users of solid waste management services within the county's service area that are not served by a municipality. Municipalities shall include costs charged to them or persons contracting with them for disposal of solid waste in the full cost information provided to residential and nonresidential users of solid waste management services. (b) Counties and municipalities are encouraged to operate their solid waste management systems through use of an enterprise fund. (3) For purposes of this section, "service area" means the area in which the county or municipality provides, directly or by contract, solid waste management services. The provisions of this section shall not be construed to require a person operating under a franchise agreement to collect or dispose of solid waste within the service area of a county or municipality to make the calculations or to establish a system to provide the information required under this section, unless such person agrees to do so as part of such franchise agreement. (4) Each county and each municipality which provides solid waste collection services, either through its own operations or by contract, is encouraged to charge fees to each residential and nonresidential user of the solid waste collection service which vary based upon the volume or weight of solid waste that is collected from each user. (5) In order to assist in achieving the municipal solid waste reduction goal and the recycling provisions of s. 403.706(2), a county or a municipality which owns or operates a solid waste management facility is hereby authorized to charge solid waste disposal fees which may vary based on a number of factors, including, but not limited to, the amount, characteristics, and form of 543666 as of 06/04/2015 recyclable materials present in the solid waste that is brought to the county's or the municipality's facility for processing or disposal. (6) In addition to all other fees required or allowed by law, a county or a municipality, at the discretion of its governing body, may impose a fee for the services the county or municipality provides with regard to the collection, processing, or disposal of solid waste, to be used for developing and implementing a recycling program. For such fees, the local governing body of any county or municipality may use the non -ad valorem levy, collection, and enforcement method as provided for in chapter 197. (7) This section does not prohibit a county, municipality, or other person from providing grants, loans, or other aid to low-income persons to pay part or all of the costs of such persons' solid waste management services. History.—s. 9, ch. 88-130; s. 13, ch. 93-207; s. 19, ch. 2000-211; s. 5, ch. 2010-143. 543666 as of 06/04/2015 DEP 2012 FULL COST ACCOUNTING FOR SOLID WASTE 62-708 MANAGEMENT CHAPTER 62-708 FULL COST ACCOUNTING FOR SOLID WASTE MANAGEMENT TABLE OF CONTENTS PAGE 62-708.100 Intent. (Repealed) 2 kuin-‘ 62-708.200 Definitions. 2 And e4 ?t- 62-708.300 Applicability. (Repealed) 3 (46' 62-708.400 Determination of the Full Cost of Solid Waste Management. 4 glcl ectc ' 62-708.500 Public Disclosure of the Full Cost of Solid Waste Management. (Repealed) 4 Effective 2-16-12 DEP 2012 FULL COST ACCOUNTING FOR SOLID WASTE 62.708 MANAGEMENT 62-708.100 Intent. (Repealed) Rulemaking Authority 403.061, 403.704, 403.7049 FS. Law Implemented: 403.7049, FS. History: New 12-19-89, Formerly 17-708.100, Repealed 2-16-12. 62-708.200 Definitions. The definitions in Rule 62-701.020, F.A.C., are incorporated herein. In addition, the following words or phrases as used in this rule, unless the context clearly indicates otherwise, have the following meanings: (1) "Contract" means a written agreement including a franchise agreement or other legally binding arrangement, between a county or municipality and a person providing solid waste management services within a county's or municipality's service area, pursuant to which a county or municipality either provides the revenue paid to an outside contractor or regulates the rates charged by an outside contractor for providing solid waste management services within its service area. (2) "County" means a political subdivision of the state established pursuant to s. 1, Article VIII of the State Constitution, and for purposes of this rule includes a special district or other entity which has been granted the power to manage solid waste by special act or interlocal agreement. (3) "Department" means the Department of Environmental Protection. (4) "Direct costs" means those expenses which are directly attributable to the provision of solid waste management services that would be eliminated if the services were discontinued. (5) "Full cost" means the rate charged by the local government to the end user for solid waste management services plus any other direct, indirect or outside contractor costs associated with solid waste management services. (6) "Indirect costs" means those costs resulting from support or staff services provided by one governmental department to other departments or service providers. Indirect costs may include, but are not limited to, administration, accounting, personnel, purchasing, legal and other staff or departmental. services. (7) "Municipality" means a municipality created pursuant to general or special law authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of the State Constitution, andfor purposes this rule includes a special district or other entity which has been granted the power to manage solid waste by special act or interiocal agreement. (8) "Non-residential user" shall have the same meaning as contained in the contract, ordinance, resolution or other such document controlling the provision of solid waste management services within the service area of a county or municipality. Or, if not defined in such documents, "non-residential user" shall mean the owner or tenant of an improved property consisting of a building or structure designed for non-residential (commercial, governmental or industrial) uses. Effective 2-16-12 2 DEP 2012 FULL COST ACCOUNTING FOR SOLID WASTE 62-708 MANAGEMENT (9) "Outside contractor" means a person providing solid waste management services pursuant to a contract with a county or municipality, but does not include employees of that county or municipality. (10) "Outside contractor costs" means those solid waste management service costs which are billed or charged directly to a county or municipality or directly to a residential or non-residential user by an outside contractor in compliance with the requirements of a contract with a county or municipality, pursuant to which contract the county or municipality either provides the revenue paid to an outside contractor or regulates the rates charged by an outside contractor for providing solid waste management services within its service area. "Outside contractor costs" shall not include any solid waste management service costs billed or charged directly to a non- residential user by an outside contractor, unless those solid waste management services are required to be provided by the outside contractor under its contract with the county or municipality or the rates for those services are regulated by that contract. (11) "Person" means any and all persons, natural or artificial, including any individual, firm or association; any municipal or private corporation organized or existing under the laws of this state or any other state; any county of this state; and any governmental agency of this state or the Federal Government. (12) "Residential user" shall have the same meaning as contained in the contract, ordinance, resolution or other such document controlling the provision of solid waste management services within the service area of a county or municipality. Or, if not defined in such documents, "residential user" shall mean the owner or tenant of an improved property consisting of a building, mobile home or portion thereof designed for residential occupancy which is arranged, designed or used as living quarters. (13) "Service area" means the area in which a county or municipality provides, directly or by contract, solid waste management services. (14) "Solid waste management services" means the process by which solid waste is collected, transported, stored, separated, processed, recycled or disposed of in any other way, according to an orderly, purposeful and planned program. Specific Authority: 403.061, 403.704, 403.7049, FS. Law Implemented: 403.703, 403.7049, FS. History: New 12-19-89, Formerly 17-708.200. 62-708.300 Applicability. (Repealed) Rulemaking Authority 403.061, 403.704, 403.7049 FS. Law Implemented: 403.7049, FS. History: New 12-19-89, Amended 11-11-90, Formerly 17-708.300, Repealed 2-16- 12. Effective 2-16-12 DEP 2012 FULL COST ACCOUNTING FOR SOLID WASTE 62-708 MANAGEMENT 62-708.400 Determination of the Full Cost of Solid Waste Management. (1) The full cost of solid waste management shall include the rate charged by the county or municipality to the end user for solid waste management services plus any other direct, indirect or outside contractor costs associated with solid waste management services. The full cost includes, but is not limited to the following elements: (a) The rate charged to the user by the county and municipality for solid waste management services, and outside contractor costs. (b) Any direct or indirect costs of providing the solid waste management services which are incurred by and funded by or included in the budget of any fund of the county or municipality which are not included in any user charge. (2) The disclosure information shall be divided into residential and non- residential user categories. To the extent the service element is provided directly or by contract or interlocal agreement, the full cost calculated for each user category shall be reported separately for the following solid waste management cost elements: solid waste collection, solid waste disposal and recycling. (3) All workpapers and the source documents used by the county or municipality in calculating full cost and a copy of the full cost disclosure shall be maintained on file for a period of three years by the county or municipality. The file shall be available for examination by the public and the Department during the normal business hours of the county or municipality. (4) Counties which have implemented a countywide special assessment or other countywide revenue producing mechanism to fund any solid waste management program or any cost element of such a program shall consider the entire county as its service area for the purpose of determining and reporting the full costs of that countywide solid waste program or cost element. Municipalities and other entities that are included within the service area and receive solid waste management services which are funded as part of the countywide special assessment or other revenue producing mechanism shall not include those countywide funded solid waste management services in their calculation of full cost. Specific Authority: 403.061, 403.704, 403.7049, FS. Law Implemented: 403.7049, FS. History: New 12-19-89, Formerly 17-708.400. 62-708.500 Public Disclosure of the Full Cost of Solid Waste Management. (Repealed) Rulemaking Authority 403.061, 403.704, 403.7049 FS. Law Implemented: 403.7049, FS. History: New 12-19-89, Formerly 17-708.500, Repealed 2-16-12. Effective 2-16-12 4 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami, F... Page 5 of 60 Sec. 22-173. - Assignment of staff. Sec. 22-174. - Notices, filing of official records; annual reports; minutes. Secs. 22-175-22-179. - Reserved. ARTICLE VIII. - HANDBILLS Sec. 22-180. - Definitions. Sec. 22-181. Throwing or discarding handbills prohibited. Sec. 22-182. Enforcement by code inspectors/enforcement officers; civil infraction notice. Sec. 22-183. - Fines. Sec. 22-184. - Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure. Chapter 22 - GARBAGE AND OTHER SOLID WASTE 121 FOOTNOTE(S): --- (1) --- Charter reference— Authority of city to collect and dispose of garbage, etc., § 3(o); nuisances generally, § 3(p). City Code cross references —General services administration department, § 2-326 et seq.; throwing or depositing substances, etc., within city stadiums, parks and adjacent grounds, § 38-17; disposal of trash in city parks, § 38-63; control of marine pollution, § 50-96 et seq.; disposal of garbage, waste and refuse into marinas or yacht basins, § 50-237. State Law reference— State sanitary code, F.S. § 403.413. ARTICLE I. - 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 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"'sFIYiPii� Py 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 https://www.municode.coin/library/ 6/5/2015 Chapter 22 GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami, F... Page 6 of 60 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 elements. Any condominiums with three,.o.r...more ...dwelling units therein shall be classified as commercial establishments for purposes of this ciip grl.to Top https://www.nnunicode,com/library/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE J Code of Ordinances 1 Miami, F... Page 7 of 60 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 Ilukrooll ka-rjtg0 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. 11ftr Q.//sxnmxxT niimirnd rnm/lihrarv/ F/5/M1 5 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami, F... Page 8 of 60 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. 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). 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, 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, environmental charges and fees, containerized waste, 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 "hazardoulr&- rt gillor" shall mean any private solid waste contractor who collects, transports or disposesof._hazardous 'waste and shall be subject to a registration fee as provided for in § 403,7046, Fla. Stat. 1if1-nc•//xxnznzT mnnirnrla rnm/lilhraiv/ F/5/9n15 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami, F... Page 9 of 60 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. 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 girtetmirAnftr € rowth with a mechanical device such as lawn mower. https://www.municode.com/library/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 10 of 60 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 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 to a franchisee, for every account with whom it acquires or maintains an agreement during the fiscal year for purposes of providing 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. 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, se It TLppi°-ocessed and reused or returned to use in the form of raw materials or products httnc•//xxnxnw r iiii ..nrle mill /lilhrarv/ ti/5/')f115 Chapter 22 - GARBAGE AND OTHER SOLID WASTE Code of Ordinances 1 Miami... Page 11 of 60 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 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. 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 ofindividual 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. q {isy-g gcE4ed four feet in length, do not weigh over 50 pounds, are too large to be containerized, but require and can be bundled and tied, httns://www.municode.com/librarv/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE Code of Ordinances 1 Miami... Page 12 of 60 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 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 str 6tcroll to Top • httns://vwvw.municode.com/lihrarv/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE J Code of Ordinances j Miami... Page 13 of 60 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. (Ord. No. 10128, § 1, 7-10-86; Ord. No. 10232, § 1, 3-13-87; Ord, No. 10371, § 1, 1-14-88; Ord. No. 10887, § 1, 6-20-91; Ord. No. 11184, § 2, 10-27-94; Code 1980, § 22-1; Ord. No. 11352, § 2, 4-25-96; Ord, No. 11444, § 1, 2-20-97; Ord. No. 11703, § 1, 9-28-98; Ord, No. 11837, § 2, 9-28-99; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12599, § 2, 10-14-04; Ord. No. 13194, § 2, 9-27-10; Ord. No. 13316, § 2, 3- 8-12) Sec. 22-2. - Collection services, container usage, condition and requirements for placement location; city and commercial solid waste services. (a) Garbage from single and multifamily residences of three units or less shall be collected, conveyed and disposed of by the city twice a week. Hours and days on which containers are to be collected shall be as prescribed by the director. All small trash, containerized waste, and garbage to be removed by the city shall be placed at curbside in front of the property for removal by the city as scheduled by the director, in such a manner as not to obstruct pedestrian passage or impede collection by city forces. The director may make exceptions to these rules to accommodate disabled and elderly persons. Each residence in the city shall have a sufficient number of garbage cans, plastic bags or portable containers to accommodate all garbage, small trash or rubbish to be removed by the city. Should the city implement a semi or automated residential garbage and small trash collection system, garbage and small trash will be placed only in the container provided by the city for this purpose. Containerized garbage shall be placed at curbside no later than 6:00 a.m. the morning of scheduled collection and no sooner than the night before. (b) Every commercial property shall utilize the waste collection services of a franchisee authorized to perform such services by the city commission. It shall be the responsibility of the owner, occupant, tenant or lessee of the commercial establishment to properly dispose of all trash, waste and garbage generated by such commercial property. Each commercial property in the city shall have a sufficient number of scheduled collections, garbage cans, plastic bags or portable containers to accommodate all garbage, bundled garden trash or rubbish to be removed by the franchisees. Franchisees shall be required to remove all refuse placed or spilled within a ten foot radius of the container being serviced. Service minimums for multi -family dwellings shall be as follows: 1-8 Units -2 CY @ 2 x per week; 9-16 Units - 4 CY @ 2 x per week; 17-32 Units - 6 CY @ 3 x per week; 33-48 Units - 8 CY @ 3 x per week ; and over 48 Units — 8 CY @ 5 x per week. Any franchisee providing waste collection services who will be discontinuing its collection service to a commercial property shall give the department of code enforcement and NET service center, for the area where service will be discontinued, at least seven business days' prior notice of its intention to discontinue such service. The franchisee shall additionally mail to the owner, occupant, tenant or lessee of the commercial property a notice that it its kiiScooltlt it n;swaste collection services for that commercial property. Duplicate copies of this notice shall be simultaneously mailed by the franchisee https://www.municode.com/library/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE Code of Ordinances J Miami... Page 14 of 60 to the department and the NET service center for the area where such service will be discontinued. A commercial property which does not have current waste collection services being furnished shall be subject to having an administrative service fee imposed pursuant to section 22-93. All food service properties producing raw or processed organic waste matter as a major portion of their waste stream shall provide for the removal of such material a minimum of three times per week. (c) The garbage or trash container site for commercial properties shall: (1) Be situated in an easily accessible location for collectors; (2) Be a platform constructed of concrete above ground level in the case of a commercial property, and shall be large enough to accommodate an appropriately sized dumpster for the facility being serviced; (3) Be constructed in such a manner as to discourage or eliminate the possibility of rodents breeding under the platform; and (4) Be screened from any street, alley, sidewalk or adjacent property. Such screening shall be maintained in perpetuity by the property owner, Screening shall be constructed of chain link fencing with slats (cyclone fencing) or wood picket fencing. Sunken containers are hereby declared to be hazardous to the health, welfare and safety of the residents of and visitors to the city and to the city's waste collection personnel. Accordingly, such containers shall immediately be replaced with approved containers and the holes where they were previously sunk shall be filled with clean, solid fill. Franchisees will be responsible for servicing of containers until such time as they have been removed. Commercial multifamily properties without service will be subject to administrative and service fees imposed pursuant to section 22-93 herein, should the city be required to provide service the property owner will be invoiced for service as required and at the cost associated with the unit structure provided in (b) of this section. (d) All new commercial properties and/or structures, as defined in this chapter, shall provide a garbage and/or trash room as required and provided for in Ordinance No. 11000, the zoning ordinance of the city. Any existing structure, legally established but currently nonconforming with regard to Ordinance No. 11000, upon expansion of the existing structure by 25 percent or more of its existing floor area, or its repair or renovation at cost exceeding 50 percent of its current value as established in the assessment made by the Miami -Dade County property appraiser, shall be required to comply with the requirements of this chapter; any series of repairs and/or renovations during any five-year period shall require the property to conform to the requirements of this chapter. Additionally, a change in the use of any legally established, but nonconforming structure shall require such structure's compliance with the requirements of this chapter prior to the issuance of a certificate of use and/or occupancy by the building and zoning department. (e) At no time shall any garbage cans, dumpsters or any containers, whether such containers are approved or not approved, be placed upon any street, alley, sidewalk, right-of-way, or in any public area or upon any property used by the public not owned or occupied by the person(s) placing such garbage cans, dumpsters or containers. (f) The director or director's designee is hereby required and granted full power and authority to designate the location of containers and the number of containers to be kept at each location, Any waste containers which do not conform to the provisions of this chapter or which contain other defects likely to hamper the collection of'orinjure the person collecting the contents thereof are illegal. Such containers shall be prar=r9PtI h Sia-W by the owner or user of the container upon receipt of written notice of said defect: All containers shall contain identification of the private hauling company providing the service, and must be clean, kept closed, and free of httne•//xxnxnxT rnnnirnrip rnm/lihrarv/ ti/5/9ni Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 15 of 60 graffiti. At no time will the department service any such illegal containers. Portable containers declared a public nuisance or to be unserviceable with no identifying marks visible to the code enforcement inspectors shall be removed at the discretion of the director. (g) Newspapers and other salvageable materials defined as aluminum cans, glass bottles, metal and tin cans, shall be separated from all other solid waste material and may be placed in the container provided by the city for these materials or otherwise be recycled. (h) Commercial containers located on public property shall be deemed abandoned and will be removed by the city at the owner's expense, pursuant to this chapter of the Code. Service is to be made from streets and driveways and trucks used for this purpose shall not be driven or parked on sidewalks at any time. (i) Commercial property owners may request special collection of large yard and garden trash as defined herein by the department by calling for approval and scheduling, prior to setting out material. No approval by the department director or designee will be issued for said premise until the director has made a finding of compliance with the terms of this and all other chapters of this Code and other applicable regulations and laws, (Ord. No. 10128, § 1, 7-10-86; Ord. No. 10535, § 1, 1-12-89; Ord. No. 10654, § 1, 10-12-89; Ord. No. 11122, § 2, 2-17-94; Ord. No. 11184, § 3, 10-27-94; Code 1980, § 22-2; Ord. No. 11352, § 2, 4-25-96; Ord, No, 11703, § 2, 9-28-98; Ord. No. 11837, § 2, 9-28-99; Ord, No. 12258, § 2, 7-25-02; Ord. No. 12400, § 2, 9-11-03; Ord. No. 13194, § 2, 9-27-10) Sec. 22-3. - Accumulation of waste; proof. The fact that any residential unit or any commercial property located in the city is occupied shall be proof that garbage or other refuse is being produced or accumulated upon such premises. However, a temporary residential vacancy, regardless of duration, shall not authorize a refund or excuse the nonpayment of any waste fee. Waste fees shall be chargeable on a pro rata basis on new residential units immediately following the building and zoning department's issuance of a temporary or final certificate of occupancy, or whenever the first waste is picked up from such unit by the city, whichever shall occur first. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-3; Ord. No. 11703, § 3, 9-28-98) Sec. 22-4. - Plans for waste storage on certain premises to be approved before issuance of building permit; proof of commercial solid waste service before issuance of certificates of use or occupancy. Before building permits may be issued for construction of commercial property, as defined in this chapter, plans for storage of refuse must be approved by the director or his/her designee as to location, accessibility, and number or adequacy and the permittee has provided proof of a contract with an approved commercial solid waste franchisee for construction debris containers to store and remove debris. No certificate of use or occupancy will be provided until applicant has provided proof of a lease agreement containing or a contract for commercial solid waste service with an approved commercial solid waste franchisee. No certificate of occupancy,, shall be -issued -for said premises until the director has made a finding of compliance with the terms ofthA jp{ rop (Ord. No. 12258, § 2, 7-25-02) https://www.municode.com/library/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 16 of 60 Editor's note— Ord. No, 12258, § 2, adopted July 25, 2002, amended § 22-4 in its entirety to read as herein set out. Formerly, § 22-4 pertained to plans for waste storage on certain premises to be approved before issuance of building permit and derived from The Code of 1980, § 22-4; Ord. No. 10128, § 1, adopted July 10, 1986, and Ord. No. 11703, § 4, adopted September 28, 1998. Sec. 22-5. Duty to -dispose of trash and prevent accumulations. (a) It shall be unlawful for the owner, manager, occupant, lessee of, or other person responsible for any lot, parcel or tract of land on which residential units or commercial properties are located within the city to deposit, store, keep, or maintain, or permit to be deposited, stored, kept or maintained bulky or industrial waste, refuse attending the care of lawns, shrubbery, vines, and trees, except for the purpose of composting; rubbish including uncontainerized garbage, beer and soft drink containers, empty or broken bottles, and metal containers; and any other uncontainerized solid waste whatsoever upon such property, adjoining rights -of -way, easements or alleys, except as specifically authorized in this chapter. Property owners of unimproved property or owners, occupants, tenants and lessees of improved property shall be responsible for keeping the area around the dumpster(s) or container(s) in a clean and presentable condition as well as keeping the sidewalk, side parkway and swale area and other public rights -of -way clear of all trash and litter, and shall maintain their property in a clean, mowed, cut and Utter -free manner, including sidewalks, grass strips, swale area or rights -of -way up to the edge of the pavement of any public street. Every merchant, storekeeper or operator of a business in the city shall sweep or cause to be swept the sidewalks adjoining his respective place of business before 10:00 a.m. every morning, or as often as necessary to keep the area clean, on each day that such business shall be operated. Said sweepings shall be picked up and not swept in the gutter, Failure to comply with the provisions of this section shall constitute a violation of this chapter: such failure may also serve as the basis for assessment of an administrative fee. (b) Whenever it is evident that there is a violation of this section, the enforcement officer may do one or more of the following: Serve a notice of noncompliance, in a form prescribed by the director and approved by the city commission, upon the owner, manager, occupant, resident, Lessee, franchisee or other responsible person by personal service, mail or by posting a copy in a conspicuous place on the premises where the violation exists. The enforcement officer may proceed with direct removal as outlined below. The enforcement officer may: (1) Cause a code enforcement sanitation civil violation notice to be issued, in a form prescribed by the director and approved by the city manager, upon the owner, manager, occupant, resident, lessee, franchisee or other responsible person by personal service, certified mail, or by posting a copy in a conspicuous place on the premises where the noncompliance exists. If said noncompliance has been found to exist by the city manager, or the city manager's designee, such finding and determination shall result in an administrative service fee being assessed for such noncompliance in the amount set forth in section 22-93 hereof, with said fee being assessable for each day the noncompliance exists until the condition or conditions resulting in such noncompliance no longer exist. (2) Direct the department to remove, remedy or eliminate the noncompliance and charge the property owner for a special collection service in accordance with the provisions of this chapter. (Ord. No, 10128, § 1, 7-10-86; Code 1980, § 22-5; Ord, No. 11352; § 3, 4-25-96; Ord, No. 11703, § 5, 9- 28-98; Ord. No, 11837, § 2, 9-28-99) ...Scroll to Top https://www.municode. com/librarv/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE Code of Ordinances Miami... Page 17 of 60 Sec. 22-6. - Littering and dumping prohibited; dumping or burying waste without proper authorization; illegal dumping in area bulky waste transfer stations; engaging in business of solid waste collection without franchise; declared public nuisance; presumption. (a) Intent. It is the intent of the city commission to prevent, in whatever way possible, the abuse of the environment of the city through acts of any persons that are generally classified under the headings of "dumping" and "littering," which acts severely burden the taxpayers of the city and adversely affect the attractiveness, public health, safety and welfare of the community for its residents and visitors. (b) The city will provide sufficient litter containers to be placed in strategic locations throughout the city, with special consideration to be given to high density populations and heavily traveled areas, to be used for the deposit of litter by pedestrians only and not by abutting store owners or vendors. (c) Prohibited act(s). The following shall be unlawful: (1) Dumping litter and/or refuse in any manner or amount whatsoever in or on any public highway, road, street, alley, thoroughfare or any other public lands, except In containers or areas lawfully provided therefor, The provisions of F.S. ch. 403.413, as amended, shall apply to all public rights -of -way within the city. (2) Dumping litter and/or refuse in or on any freshwater lakes, canals, rivers or streams or tidal or coastal waters of the city. (3) Dumping litter and/or refuse and burying waste in any manner or amount whatsoever on any private property, unless prior written consent of the owner has been given, and such disposal has been authorized via permit by the county health department, provided said litter and/or refuse will not cause a public nuisance or be in violation of any other state or local laws or regulations. (4) Sweeping, blowing by mechanical means or dumping litter and/or refuse including stagnant water or dead animals into, upon or along the drain, gutter, alley, lane, sidewalk, street or vacant lot, or in any public or private premises within the municipal limits of the city. (5) Causing, maintaining, permitting or allowing the accumulation of any litter or refuse on any construction or building site before, during or after completion of said construction or building. It shall be the duty of the owner, or the owner's agent, of the property in question to make adequate provisions for the disposing of debris and litter and to have on the construction or building site adequate facilities for the disposing of said litter and refuse and to make appropriate arrangements for the collection thereof. Said arrangements and/or methods for disposing litter and debris shall be approved by the director prior to the issuance of a building permit. (6) Disposing of the carcass of any dead animal, domestic or otherwise, by the throwing, discarding, placing or depositing of said carcass in or on any of the locations noted in subsections (c)(1) through (3) of this section. (7) Discarding of garbage, fruit, or other matter subject to putrefaction, rotting or decay at minidumps shall constitute a violation of this chapter. Minidumps are restricted to use by residents of the city for the deposit of bulky waste from residential properties. The method of transporting this waste shall be as prescribed in section 22-7 herein. (8) Obstructing use of public facility, salvaging -or vandalismIy, any person on the premises at which minidumps are located constitutes, a'vr2I lbAP i chapter, (d) httns!//www.miiniende.cnm/lihrarv/ 6LSI2.115 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 18 of 60 It shall be unlawful for any owner, occupant, lessee, employee, franchisee or other person from any commercial property to dump or cause to be dumped any material whatsoever from such commercial property at or upon any minidumps, public rights -of -way, city property or any unauthorized disposal location. (e) It shall be unlawful for any person, franchisee, firm, corporation or other legal entity to collect, remove or transport any solid waste material for compensation from any location or premises within the city without first having been granted a nonexclusive franchise by the city. (f) It shall be unlawful for any person, firm, corporation or other legal entity to utilize the services of any commercial solid waste collector who does not have a valid city solid waste nonexclusive franchise. (g) Declared public nuisance. In addition to, and not in limitation upon any enforcement action for violation of this section, it is the intent of the city commission to declare the dumping of litter and/or refuse in the city, as hereinbefore described and prohibited, a public nuisance and to subject violators of this section to the provisions of this chapter calling for removal of such a public nuisance through notice, hearing and a lien enforcement procedure if the city so chooses to remedy the prohibited condition. Any action taken pursuant to this section in enforcing the provisions of this chapter shall be considered cumulative and in addition to penalties and other remedies provided elsewhere in this chapter. (h) Applicability of state and county laws. In addition to, and not in limitation of the provisions of this section, the provisions of F.S. § 403.413, also known as the "Florida Litter Law," and chapter 15 of the Code of Metropolitan Dade County, as amended from time to time, are hereby added to this Code of Ordinances and incorporated by reference herein. The city commission also respectfully suggests to any court finding persons guilty of violations of the "Florida Litter Law" that the provisions of F.S, ch. 948, "Probation," be utilized liberally in order to require such persons to expend appropriate amounts of time and effort gathering up litter and refuse at places within the city as may be designated by the court. (i) Noncompliance with any section shall be punishable in a manner as provided in sections 22-6 and 22-93. Noncompliance may result in the city's taking such action as it deems appropriate under the circumstances, and a lien shall be imposed against the property for recovery of all costs involved. (j) A civil fine of $500.00 per occurrence shall be imposed for littering and for illegal dumping. (k) Pursuant to the provisions of § 403.413, Fla. Stat., the Florida Litter Law, the sanitation inspectors are designated as litter enforcement officers of the city, for the purposes of enforcing § 403.413, Fla. Stat. and section 22-6 herein. Such employees are designated and appointed as litter enforcement officers. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-6; Ord. No. 11703, § 6, 9-28-98; Ord. No. 11837, § 2, 9- 28-99; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12835, § 2, 10-12-06; Ord. No. 13194, § 2, 9-27-10) Sec. 22-7. - Method of transporting waste. It shall be unlawful for any person to haul, convey, or cause to be hauled or conveyed, any solid waste including discarded building matter or discarded furniture upon or along public streets, roads or alleys except when the material transported is adequately secured in such manner as to prevent the material from falling or being blown from the transporting vehicles. No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances; waste or foreign matter of any kind. It shall be a violation of this chapter for any person, fir 6rdb05 iic'!n not holding a valid nonexclusive commercial solid waste franchise pefr it issued pursuant to the provisions of article II of this chapter to haul for hire any garbage or rubbish as defined herein within any area of the city. httnc • /Aanxnxr mnni rnrle r.nm Ilihrarv/ ti/s/7n15 Chapter 22 - GARBAGE AND OTHER SOLID WASTE Code of Ordinances Miami... Page 19 of 60 (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-7; Ord. No. 12258, § 2, 7-25-02) Sec. 22-8. - Manner of handling garbage and trash; placing dangerous materials in waste containers prohibited. Qolgi 1191BiC6 Proper handling shall mean the following: (1) Garbage shall be drained of excess liquid and well -wrapped before being deposited in an approved container. (2) All paper cartons and boxes shall be torn or broken down and flattened out by the depositor. (3) All dangerous material such as broken glass, lightbulbs, razor blades, fluorescent tubes and all other hazardous material shall be considered as causing or likely to cause personal injury to collectors, and all such material shall be kept separate from other garbage and trash and deposited in a cardboard container and placed alongside the approved containers. (4) It shall be a violation of this chapter to place or cause to be placed in any regulation garbage or refuse container for collection any acid, explosive material, inflammable liquids, hot ashes, tar, grease, chemicals, poisons or other hazardous, infectious, including animal or human waste matter (feces) or any other dangerous or highly corrosive material of any kind. The city will not be responsible for the collection or disposal of any such materials. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-8; Ord, No. 11703, § 7, 9-28-98) Sec. 22-9. - Responsibility of persons other than owners of premises for violations and for noncompliance. The owners or agents, management firms, managers, supervisors, janitors, rental agents, tenants or lessees of all residential homes, rental units and commercial properties shall be responsible under the law for complying with the provisions of this chapter. In every multiple dwelling occupied by three or more families, in which the owner does not reside, there shall be a responsible person designated in writing as such by the owner. These persons: the management firm, manager, supervisor, janitor, rental agent or the owner shall be severally and jointly responsible for seeing that the entire premises as well as the yards, sidewalks, grass strips, swale areas or rights -of -way up to the edge of the pavement of any public street, and one-half of the alley or easement adjoining such dwelling are free from garbage, trash, litter, overgrowth, or any foreign material which constitutes a violation of this chapter. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-9; Ord. No. 11352, § 4, 4-25-96; Ord. No. 11703, § 8, 9- 28-98) Sec. 22-10. - Operation of business where wind regularly carries solid waste into street; fencing requirements. %gdieQ It shall be unlawful for the owner, tenant, or occupant of anyparcel of land to operate or permit the operation of any business upon such parcel of la`nldc9maio where, by reason of the combined effect of the prevailing winds and the location, configuration, and size of the structures thereon, solid waste generated by the operation of the business or the customers or patrons thereof is regularly hitns://www.muniende.cnm/lihrarv/ 6/5/7.015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 20 of 60 driven, carried, or conveyed by such winds in appreciable quantities into or upon any public street, unless and until such owner, occupant, or tenant shall have erected on each boundary of such parcel of land a proper fence to retain such material with only such openings for ingress and egress of a size and number as shall be necessary. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-10) Sec. 22-11. - Dumping on public right-of-way prohibited. (a) It shall be unlawful for any person to dump or cause to be dumped or place or cause to be placed any refuse or rubbish of any kind whatsoever including tires, construction and demolition debris, biological or biomedical waste and hazardous material along the rights -of -way of the public streets, highways and roads of the city, regardless of whether such dumping is from a dolly, wagon, wheelbarrow, noncommercial flatbed, truck, van, car or any commercial vehicle. (b) The provisions of F.S. § 403.413 shall apply to all public rights -of -way within the city. (c) The following civil fines shall be imposed for violations of this section: (1) By any person, $500,00 fine. (2) From any commercial vehicle, $1,000.00 fine. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-11; Ord, No, 11703, § 9, 9-28-98; Ord, No. 12835, § 2, 10 -12-06) Sec. 22-12. - Waste fees. (a) An annual waste fee, per residential unit, is hereby assessed upon all city serviced residential units as defined in section 22-1 and as set forth by resolution of the city commission. These fees shall apply to all single and multifamily residences of three units or less within the city and shall serve to defray the cost of waste collection and disposal. Effective October 1, 1999, the city may utilize the uniform method of collection pursuant to F.S. ch. 197, whereby residential unit owners shall pay for residential solid waste collection services on the tax bill, in accordance with the provisions of F.S. ch. 197, as amended. If the city elects not to use the tax bill collection method then one-half of said annual fee amount shall be due and collectible on January 1 and on July 1 of each calendar year, beginning January, 1999. (b) All fees billed shall be due and collectible upon receipt. The fact that any residential unit or any commercial establishment located in the city is occupied shall be prima facie evidence that garbage and other refuse is being accumulated or produced upon such premises; and temporary vacancy shall not authorize a refund or excuse the nonpayment of the applicable fee. In the event the city elects to use the tax bill collection method and upon the adoption of the assessment roll, all solid waste assessments shall constitute a lien against assessed property equal in rank and dignity with the liens of all state county, district, or municipal taxes and special assessments. Except as otherwise provided by law, such liens shall be superior in dignity to all other period liens, mortgages, titles, and claims until paid. The lien for a solid waste assessment shall be deemed perfected upon adoption by the city commission of the final assessment resolution, whichever is applicable. The lien for a solid waste assessment shall be deemed perfected upon adoption by the city commission of the final assessment resolution or the annual rate resolution, whichever is applicable. The lien for a solid waste assessment collected under the Uniform Assessment Collection Act shall attach J`ost%ipf8roryincluded on the assessment roll as of the prior January 1, the lien date for ad valorem taxes impiosed under the tax roll. (c) httne•/Aznxnxw mnnir.ndP.. r.nm/lihrarv/ 6/5/M15 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 21 of 60 Notwithstanding any Code provision to the contrary, commencing effective October 1, 1987, said date reflecting the date when the city was fully performing the services set forth below, an annual fee, termed supplemental waste fee, is hereby assessed against all provision of public right-of-way cleaning services by the city in accordance with the following schedule of services set forth below. "Daily" as used in this subsection means weekdays, Monday through Friday. (1) Removal of illegally dumped materials or debris. (2) Main thoroughfares and designated residential corridors in the city will be swept on a on a scheduled or as needed basis, as determined by the director of the department. (3) Litter containers will be serviced, repaired or replaced and cleaned on a scheduled or as needed basis, as determined by the director of the department. (4) Sidewalks in the city will be cleaned as needed. (5) Approved special non-residential trash collection services will be collected by the city if cleaned, bundled and/or bagged and placed at curbside in front of the property that generated it on the scheduled residential trash collection day. (d) The following annual fees are hereby assessed against all commercial establishments except residential condominium units and residential condominium associations as defined in F.S. § 718.103 (1997), and except cooperatives and cooperative associations as defined in F.S. § 719.103. For purposes of this section, residential condominiums and cooperative units shall not be considered commercial establishments. These fees are in addition to all existing fees contained in this chapter for the above cleaning services and are to be billed annually in advance in accordance with the fee schedule as set forth below: Usage Code CUO2 CUO2 CUO2 CUO2 CUO3 CUO3 CUO3 CUO3 CUO3 CUO3 CUO3 CUO4 CUO4 CUO4 Description Hotel, motel and rooming houses Hotel, motel and rooming houses Hotel, motel and rooming houses Hotel, motel and rooming houses Retail Retail Retail Retail Retail Retail Retail Wholesale and storage Wholesale and storage Wholesale and storage Units Up To Unit Base Rate Rate Per Unit 2 Units $0.00 $0.00 12 Units $102.00 $0.00 50 Units $152.00 $0.00 999,999 Units $152.00 $5.00 500 Sq. ft. $76.00 $0.00 2,500 Sq. ft. $102.00 $0.00 5,000 Sq. ft. $127.00 $0.00 15,000 Sq. ft. $152.00 $0.00 25,000 Sq, ft. $203.00 $0.00 50,000 Sq. ft. $229.00 $0.00 999,999 Sq. ft. $254.00 $0.00 500 Sq. ft. $76.00 $0.00 2,500____ Scroll to- 5,000 Sq. ft. $102.00 $0.00 Sq. ft. $127.00 $0.00 httna•//www rnnninnrle corn/library/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 22 of 60 CUO4 CUO4 CUO4 CUO4 CUO5 CU05 CU05 CU05 CU05 CUO5 CU05 CUO6 CUO6 CUO6 CUO6 CUO6 CUO6 CUO6 CUO7 CUO7 CUO7 CUO8 CUO9 CUO9 Wholesale and storage Wholesale and storage Wholesale and storage Wholesale and storage Manufacturing Manufacturing Manufacturing Manufactu ring Manufacturing Manufacturing Manufacturing Office buildings Office buildings Office buildings Office buildings Office buildings Office buildings Office buildings Open Areas (Parking lots, garages, auto sales) Open Areas (Parking lots, garages, auto sales) Open Areas (Parking lots, garages, auto sales) Amusement parks, dog tracks, frontons Arenas, dance halls, pool halls, bowling lanes Arenas, dance halls, pool halls, bowling lanes 15,000 25,000 50,000 999,999 500 2,500 5,000 15,000 25,000 50,000 999,999 500 2,500 5,000 15,000 25,000 50,000 999,999 20,000 50,000 999,999 300 20,000 Sq. ft. $152,00 Sq. ft. Sq, ft. Sq. ft. Sq. ft. Sq. ft. Sq. ft. Sq, ft. Sq. ft. Sq. ft. Sq. ft. Sq. ft. Sq, ft. Sq. ft. Sq. ft. Sq. ft. Sq. ft. Sq. ft. Sq, ft. .... ..._..._......_.................................... Sq. ft. Sq. ft. Fixed fee Sq. ft. q. ft $0.00 $203.00 $0.00 $229.00 $0.00 $254.00 $0.00 $76.00 $0.00 $102.00 $0,00 $127.00 $0.00 $152,00 $0.00 $203.00 $0.00 $229.00 $0,00 $254.00 $0.00 $76.00 $0.00 $102.00 $0,00 $127.00 $0.00 $152.00 $0.00 $203.00 $0.00 $229.00 $0,00 $254.00 $0,00 $102.00 $0.00 $127.00 I $0.00 $254.00 $0,00 $508.00 $0.00 $127.00 $0.00 $203.00 $0.00 1httnc°//www mnnicnde, nnm/lihrarv/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 23 of 60 CU09 CU10 CU10 CU10 CU11 CU11 CU12 CU12 CU12 CU13 CU14 CU15 CU16 CU17 CU18 CU19 CU22 CU22 CU22 CU22 CU22 CU22 CU22 CU23 CU23 Arenas, dance halls, pool halls, j 999,999 bowling lanes Theaters .................. _ .. Theaters Theaters Hospitals Hospitals Private schools Private schools Private schools A.C.L.F. non-profit ........ _....................................................................... A.C.L.F. profit C.B.R.F, non-profit C.B.R.F. profit S.A.F. non-profit S.A.F. profit Day care centers and nursery 85 schools (non-profit) Day care centers and nursery 125 schools (profit) Miscellaneous Miscellaneous Miscellaneous Miscellaneous Miscellaneous Miscellaneous Miscellaneous Marinas Marinas 100 500 999,999 100 999,999 10,000 50,000 999,999 85 125 85 125 85 125 500 2,500 5,000 15,000 25,000 50,000 999,999 Sq. ft, Seats Seats Seats Beds Beds Sq. ft. Sq. ft. Sq. ft. Fixed fee Fixed fee Fixed fee ........._......_.........___.... Fixed fee Fixed fee Fixed fee Fixed fee Fixed fee Sq. ft. Sq. ft. Sq. ft. Sq. ft. Sq. ft. Sq. ft. Sq. ft. 3 Boat slip A, Scroll toT�p 12 Boat slip $254,00 1 $0.00 $152.00 $212,00 $212.00 $254,00 $254.00 $144,00 $212.00 $254.00 $144,00 ............ _..................... $212.00 $144.00 $212.00 $0.00 $144,00 $0.00 $212.00 $0.00 $144,00 $0.00 $0.00 $0.00 $5.00 $0.00 $3.00 $0,00 $0.00 $0.00 $0,00 $0.00 $0.00 $212.00 1 $0.00 $85.00 $0.00 $102.00 $0.00 $127,00 $0.00 $152.00 $0.00 $203.00 $0.00 $229,00 $0.00 $254.00 $0.00 $0.00 $93.00 I $0.00 $0,00 11ttnc•//\znznzr irinnirnrla onrn/1ihrarv/ Chapter 22 GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 24 of 60 CU23 CU23 CU24 CU24 CU24 CU24 CU25 CU25 CU25 CU26 CU27 Marinas Marinas Restaurants, lounges, bars Restaurants, lounges, bars Restaurants, lounges, bars Restaurants, lounges, bars Pawn shops Pawn shops Pawn shops Convenience stores Dade County public schools 50 999,999 50 100 200 999,999 1,000 5,000 999,999 0 0 Boat slip Boat slip Seats Seats Seats Seats Sq. ft, Sq. ft. Sq. ft. Fixed fee Fixed fee $203.00 $203.00 $135.00 $203.00 $254,00 $254.00 $135.00 $203.00 $212.00 $127.00 $127.00 $0,00 $5.00 $0,00 $0.00 $0.00 $3.00 $0.00 $0.00 $0.00 $0.00 $0.00 (Code 1967, § 20-13; Ord. No. 9065, § 1, 1-24-80; Ord. No. 9208, § 1, 11-26-80; Ord. No. 9529, § I(K), 12- 9-82; Ord. No. 9862, § 1, 6-28-84; Ord. No, 9932, § 1, 11-8-84; Ord. No. 10128, § 1, 7-10-86; Ord. No. 10136, § 1, 7-24-86; Ord. No. 10214, § 1, 2-12-87; Ord. No. 10371, § 2, 1-14-88; Ord, No. 10600, § 1, 7- 13-89; Ord. No, 11184, § 4, 10-27-94; Code 1980, § 22-12; Ord. No. 11233, § 1, 3-9-95; Ord. No. 11631, § 1, 3-31-98; Ord, No, 11632, § 2, 3-31-98; Ord. No. 11694, § 1, 8-14-98; Ord. No. 11701, § 1, 9-28-98; Ord. No, 11703, § 10, 9-28-98; Ord. No. 11771, § 2, 2-9-99; Ord. No. 11807, § 1, 6-22-99; Ord. No. 11837, § 2, 9-28-99; Ord. No. 11845, § 1, 10-12-99; Ord. No. 11945, § 1, 7-27-00; Ord. No. 12114, § 1, 9- 13-01; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12475, § 1, 1-22-04; Ord, No. 13194, § 2, 9-27-10) Sec. 22-13. - Emergency powers of the director. gi In the event of a state of emergency declared by the mayor, in accordance with the provisions of the Charter, the director, with the concurrence of the city manager, shall have the authority to suspend, modify or expand services provided by the department, as enumerated herein, in such emergency circumstances as national disasters, civil disorders or other circumstances as directed by the city manager. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-12.1; Ord. No. 11564, § 10, 10-28-97) Sec. 22-14. - City and commercial collection of solid waste. (a) .Scroll to Top 111-1-nc•//anxnxT mnnicnde /lil-rare/ ti/s/9n1 Chapter 22 - GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances 1 Miami... Page 25 of 60 It is the function exclusively of the department to collect and dispose of all wastes in the city except as authorized by the director and/or by law, The director shall have the power to establish the type, frequency and amount of solid waste collection service needed and to be rendered to all areas of the city and to promulgate rules and regulations not inconsistent herewith. (b) The city commission may authorize the collection of solid waste by commercial solid waste collectors if it is a commercial account as defined in this chapter. If private collection is authorized, the contract with the commercial solid waste collector shall be non-exclusive and include, but not limited to, garbage, trash and bulky waste collection and the number of collection days per week. In addition, for multi -family dwellings the contract must specify a minimum of a two cubic yard (2 CY) container or containers of sufficient capacity so as to avoid overflowing conditions with a minimum twice per week collection; two true and accurate copies of said contract shall be furnished to the director or his/her designee. The container must be capable of holding a minimum of one week's collection of solid waste for the number of units or size and activity of business establishment being served. The following standards for dumpster size and frequency of collection will be enforced. (7-30 gallon cans = 1 cubic yard): # of Units 1-8 9-16 17-32 33-48 Over 48 Container Minimum Capacity Frequency 2 cy 4 cy 2 x week 2 x week 3 x week 3 x week 5 x week Note: Frequency will increase depending on amount of garbage generated. All equipment utilized by a franchised private hauler shall comply with the requirements and provisions of this chapter. All containers shall be screened from the direct view of the adjacent property owner, The department reserves exclusively the right to collect solid waste from any city governmental facility, or any facility constructed or erected on city -owned or leased property, regardless of location. (c) The director and the director's designated representatives are assigned the responsibility for enforcement of solid waste collection procedures enumerated herein. (d) Newspapers or other salvageable materials defined as aluminum cans, glass and plastic bottles, metal and tin cans, and which shall be separated from all solid waste materials as provided for herein shall be placed at the curb in a container provided by the city on the regularly scheduled recycling collection day or otherwise recycled unless otherwise designated by the director. It shall be unlawful for any person, firm or corporation not licensed therefor, other than the owner, lessee, or occupant of that residential building, except city personnel to collect or otherwise remove any newspapers or other salvageable materials which have been specifically placed for collection in the recycling collection program. The penalty as contained in section 1-13 is hereby applicable to violations of this section, (Ord. No. 10128, § 1, 7-10-86; Ord, No. 10440, § 1, 5-1'9S &li5PdT ?) }l0654, § 2, 10 12 89; Code 1980, § 22-13; Ord. No. 11703, § 11, 9-28-98; Ord. No. 11837, § 2, 9-28-99; Ord. No. 12258, § 2, 7-25-02; Ord, No. 12400, § 2, 9-11-03; Ord. No. 13194, § 2, 9-27-10) httnc.//www mnnicc 1 enm/lihrarv/ h/5/9.015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances 1 Miami... Page 26 of 60 Sec. 22-15. - Educational trust fund established from recycling program for scholarships to children of certain city employees; conditions for implementation. r , % g, E9© �] 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 received, pursuant to the city's recycling program, shall be the subject of a separate appropriations ordinance to be adopted by the city commission and separately administered by appropriate personnel of the city. Upon the accumulation of $1,000,000.00 in funds received through this recycling program, all interest, as it accrues upon such principal amount, shall be utilized, subject to the sufficient accrual of interest, to pay for up to 15 scholarships, awarded annually, to educational institutions for the employees of the department to attend educational programs or for commercial drivers license certification; in addition up to 15 scholarships shall be awarded annually to college level educational institutions for the children or legal dependants of the 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. (Ord. No. 10654, § 3, 10-12-89; Code 1980, § 22-13.1; Ord. No. 12258, § 2, 7-25-02; Ord. No. 13194, § 2, 9-27-10; Ord. No. 13318, § 2, 3-8-12; Ord, No. 13330, § 2, 7-26-12) Sec. 22-16. - Special collections, fees, extra charges. (a) Special collections by the department or waste services not expressly provided for in this chapter may be performed upon payment of reasonable fees and pursuant to such conditions as may be specified by the director, such fees to be reviewed annually by the city commission. Whenever noncompliance of this chapter occurs, which necessitates the department to remove, rectify or remedy said noncompliance, the fee for such services, as indicated in section 22-93, shall be assessed upon the person responsible for the conditions which give rise to and cause the noncompliance. (b) Refusal or delay in rendering payment for any special collection performed as outlined in this chapter shall constitute the basis for adding such unpaid charges to the regular waste fee assessment accruing against the property where such special collections are made, and are hereby imposed as special assessment liens against the real property aforesaid, and until fully paid and discharged, or barred by law, shall remain liens equal in rank and dignity with the lien of ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved, .and ..:when delinquent shall bear interest and may be enforced and collected together with el nAlapjney's fees for such collection pursuant to the provisions of section 22-89 herein, when applicable. (c) Free service. There shall be no free service rendered by the department for the collection, https://www.municode.com/Iibrary/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 27 of 60 transportation, or disposal of solid waste. (d) Governmental agencies. For any premises owned, leased or occupied by the United States of America or any agency thereof, the State of Florida or any political subdivision thereof, including any body politic and corporate created under the laws of the United States of America or of the State of Florida, the city may enter into contracts, negotiated by the city manager and approved by the city commission, with any such body or agency for the collection, transportation and disposal of solid waste, prescribing rates and charges to be paid by such body or agency in lieu of the rates herein prescribed; provided, however, that the charges to be paid by such body or agency shall not be less than an amount which is fair and equitable taking into account the cost to the city of such collection, transportation and disposal. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-14) Sec. 22-17. - Private disposal of waste. Any person may be issued a permit by the Dade County health department to dispose of garbage or solid waste materials accumulated upon his or her own premises by burial, provided that such method meets all specifications of the director of the Dade County health department and evidence is presented of compliance with zoning regulations, but such permit and the disposal thereby authorized shall not relieve the owner or occupant of the premises from payment of regular waste fees. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-15) Sec. 22-18. - Responsibility for removal of certain waste; collection and disposal of furniture, appliances, etc. (a) Industrial waste, hazardous waste, and noncombustible waste shall be disposed of in the manner and at such locations as are prescribed by the director of the county public works department. Removal of industrial waste, hazardous waste and noncombustible waste shall be the responsibility of the owner, occupant, operator or contractor creating or causing the accumulation of such material. Upon approval of the director, collection of the aforementioned waste may be undertaken by the department at the expense of the owner, occupant, operator or contractor, provided that such collection and disposal does not interfere with other waste collection operations. The department shall not be responsible for collection or hauling of discarded building material, dirt or rock, nor shall it be responsible for collection or hauling of trees, bushes or other vegetation cut on private property before a certificate of occupancy is issued, except as otherwise provided for in this chapter. (b) Special residential collection material shall not be permitted at curbside until advance arrangements have been made with the department for its removal. The cost of any special collection will be provided by the department and payment in the form of a check must be received prior to the collection and shall be charged to the property from which the additional collection is made. During the week of, and not prior to the evening before the scheduled special residential collection date, all large trash and/or bulky waste shall be placed on the parkway between the sidewalk and the street pavement or along the curbline when it is immediately.. adjacent to the sidewalk in front of the property from which the trash originates where it will-&tipVy,T-jessibie to the trash collection trucks of the city, but not in the traveled way on the _street, _road ..or_alley. The director shall have the full authority to designate the location or time of placement of large and small trash, bulky waste and httrn://www_m»nicede.corn /library/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances l Miami... Page 28 of 60 special residential collections other than as described in this section, whenever unusual circumstances arise or, in the director's discretion, it is believed that additional or alternate areas or times are necessary. Trash or bulky waste shall not be placed adjacent to or within five feet of buildings, fences, utility, telephone or electric poles, fire hydrants, or in any other area that would make it inaccessible to trash collection equipment. (c) All property owners or occupants serviced by the city shall have two options for disposal of their small trash and tree shrubbery trash. Owners or occupants of property may either containerize garden trash or bundle tree and shrubbery trash for city collection along with garbage or the owner or occupants may transport such material to the city's yard trash management facility on Virginia Key. Material which is containerized or bundled shall be placed at curbside no sooner than the evening prior to the scheduled garbage collection day. (d) City pickup procedures for small trash are as follows: (1) Small trash as defined herein shall be placed into garbage cans, plastic bags or other weatherproof containers strong enough to support the weight of the material but not to exceed 50 pounds, which are to be placed curbside for the city to pick up on regular garbage collection day. Should the city implement a semi -automated or automated garbage and small trash collection procedure, residents will be provided with containers in which garbage and small trash will be placed for collection by the city. (2) Small trash as defined herein shall be tied in bundles with material strong enough to support the weight of the bundle, such bundle not to exceed 50 pounds and to be left at curbside for the city to pick up on the regular garbage collection day. (e) City pickup procedure for bulky waste and special residential collections: Bulky waste as defined herein will be collected by the department only from city -serviced accounts scheduled on a weekly basis. Special residential collections will be scheduled on a mutually agreed date with the account and in accordance with paragraph (f)(4) below. (f) Use of minidumps by property owners, occupants or landscape firms: (1) Minidumps are restricted to use by property owners or occupants and their landscape firms doing business within the city boundaries holding a city dumping permit. (2) Dumping of any material other than garden trash and tree and shrubbery trash, small trash and other materials designated by the department director in city minidumps is prohibited. (3) Loitering, salvaging and vandalism by any person at minidumps is prohibited. (4) Special handling trash is prohibited from being dumped at minidumps. Special handling trash generated by property owners or occupants will be scheduled for pickup by the department. Special handling trash generated by landscape firms shall not be disposed of by such firm at a minidump. (5) Any single dumping of garden trash and tree and shrubbery trash at a minidump in excess of five cubic yards is prohibited. (6) A dumping permit is required by any landscape firm utilizing minidumps. Application for dumping permit is to be made to the department. Decal permits will be issued free of charge on a quarterly basis. The decal permits shall be conspicuously affixed to all vehicles used by landscape firms in transporting trimmings and cuttings to minidumps. Landscape firms shall register quarterly with the department for completion and updating of permit application which will require: number of city accounts, identification of accounts, average number of loads dumped per month and applicable local business tax receipt. Temporary one-time permits for dumping at minidumps shall be issued to those firms doing occasional business in the city. Permits shall be revoca'bkc69l[qc`tor for violations of ordinances and policies governing minidump use. Penalties shall range from temporary to permanent suspension of dumping privileges dependent on the nature and frequency of violations. https://www.municode.com/library/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances j Miami... Page 29 of 60 (7) Landscape firms are required to dispose of all garden and related trash generated by them while doing business in the city at an approved disposal or transfer site. (g) It shall be unlawful for any person to place discarded household furniture or furnishings, stoves, refrigerators and like articles at any place visible from the street, on either publicly or privately owned property, at any time under any conditions other than as set forth above. (h) Until further noticed the department will collect special non-residential trash as defined herein from commercial properties, as defined herein, that are under contract for regular garbage and trash collection services with a nonexclusive commercial solid waste hauler. (Ord. No. 10128, § 1, 7-10-86; Ord, No. 10371, § 3, 1-14-88; Code 1980, § 22-16; Ord. No. 11703, § 12, 9 -28-98; Ord. No. 11837, § 2, 9-28-99; Ord, No. 12258, § 2, 7-25-02; Ord. No. 12885, § 1, 2-8-07) Sec. 22-19. - Recycling programs required for multi -family residences of four units or more. (a) From the effective date of Ord. No. 13194, a mufti -family residence of four units or more shall provide for a recycling program which shall be serviced by a permitted franchisee as determined by the city commission and shall include, at a minimum, the following five listed materials: Recyclable materials: multi -family (1) Newspaper. (2) Glass (flint, emerald, amber). (3) Aluminum cans. (4) Steel cans. (5) Plastic (PETE, HDPE-natural, HDPE-colored). (b) The failure of a multi -family residential establishment to provide a recycling program pursuant. to subsection (a) or a modified recycling program pursuant to section 22-21 shall constitute a violation of this section, for which the property owner(s) shall be liable, provided, however, that in the case of a condominium or cooperative apartment, having a condominium association or cooperative apartment association, said association, rather than individual unit owners, shall be liable for any such violation. (Ord. No. 13194, § 2, 9-27-10) Sec. 22-20. - Recycling programs required for commercial property; joint and several liability. i% Q1 L J (a) It shall be the responsibility of the owner, occupant, tenant, or lessee of the commercial establishment to properly dispose of all recyclable material generated by such commercial property. From the effective date of Ord. No. 13194, every commercial property shall provide for a recycling program which shall be serviced by a franchisee, as determined by the city commission, and shall include a minimum of three materials of its choice selected from the following list: Recyclable material: commercial property (1) High grade office paper. (2) Mixed paper. (3) Corrugated cardboard. (4) Glass (flint, emerald, amber). . Scroll to Top httns://www.municode.coni/librarv/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE) Code of Ordinances I Miami... Page 30 of 60 Alumir(j i)rn (cans, scrap). (6) Steel (cans, scrap). (7) Other metals/scrap production materials. (8) Plastics (PETE, HDPE-natural, HDPE-colored). (9) Textiles. (10) Wood. (b) The failure of a commercial property to provide a recycling program pursuant to section 22-19 or a modified recycling program pursuant to section 22-21 shall constitute a violation of this section for which the property owner(s) shall be liable, and the commercial business owner(s) and operator(s) of this commercial property shall be jointly and severally liable. Any penalties imposed pursuant to this section may include an administrative fee imposed pursuant to section 22-93, (Ord, No. 13194, § 2, 9-27-10) Sec. 22-21. - Modified recycling programs allowed. %i�IBI (a) Recycling programs which incorporate modifications substitutions, or reductions to the requirements of section 22-19 and 22-20 may be submitted to the department for approval. Approval, rejection, or approval with conditions of the proposed modified recycling program shall be determined by the department. The department shall consider the following factors in evaluating the proposed modified recycling program: (1) Whether the establishment operates a recycling program, and is self -hauling the materials to a recyclable vendor. (2) Whether the establishment generates a lesser number of recyclable materials than the required minimum. (3) Whether the establishment generates and recycles materials not listed in section 22-19 or section 22-20 above, as applicable. (4) Whether the establishment is contracting with a franchisee for collection services, which provide for a post -collection separation of recyclable material, and which: a. Generate recyclable materials which comply, in kind and quantity, with the recycling requirements provided for in section 22-19 or section 22-20 hereof, as applicable; and b. Utilize a materials separation facility which is permitted in accordance with all applicable federal, state, and local laws. (b) Any person seeking approval of a modified recycling program shall submit an application in such a form as is prescribed by the department. All modified recycling programs shall be reviewed on a semiannual basis and applicants shall be required to confirm or revise the information contained in their applications at that time. An application for approval of a modified recycling program shall include but not be limited to, the following documentation, as appropriate to the specific application: (1) Supporting documentation to evidence self -hauling, activities, which shall include proof of source -separation activities and copies of receipts from recyclable material purchasers. (2) A waste composition study of the waste generated by the applicant, which shall cover a representative time period of not less than two weeks. (3) A copy of the applicable contract with a post collection separation facility, specifying materials and volumes recycled which are atfr�b°ultaole to the applicant. (Ord. No. 13194, § 2, 9-27-10) https://www.municode.com/library/ 6/5/2015 Chapter 22 GARBAGE AND OTHER SOLID WASTE Code of Ordinances Miami... Page 31 of 60 Secs. 22-22-22-45. Reserved. Btq ARTICLE II. - REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION Sec. 22-46. - Engaging in business of solid waste collection and disposal; issuance of franchise agreement to private solid waste collectors. % g'iEQ`B' 3 (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. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-18; Ord, No. 11703, § 13, 9-28-98; Ord, No. 11837, § 2, 9 -28-99; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12599, § 2, 10-14-04; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13194, § 2, 9-27-10) - Scroll to Top https://vvww.municode.com/library/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 32 of 60 Editor's note— Ord. No. 12599, § 2, adopted October 14, 2004, changed the title of § 22-4.6 from "Engaging in business of solid waste collection and disposal; issuance of nonexclusive franchise agreement to private solid waste collectors" to "Engaging in business of solid waste collection and disposal; issuance of franchise agreement to private solid waste collectors." 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 ch ti to Top b. https://www.municode.com/library/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances 1 Miami... Page 33 of 60 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 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 months from the commencement of 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, (Ord. No. 10128, § 1, 7-10-86; Ord, No. 10440, § 2,5-19-88; Ord, No. 11184, § 5, 10-27-94; Code 1980, § 22-18.1; Ord. No. 11837, § 2, 9-28-99; Ord. No. 12258, § 2, 7-25-02; Ord, No. 12599, § 2, 10-14-04; Ord. No. 13194, § 2, 9-27-10; Ord. No. 13316, § 2, 3-8-12) Editor's note— Ord. No. 12599, § 2, adopted October 14, 2004, changed the title of § 22-46 from "Application for nonexclusive franchise" to "Application for franchise." Sec. 22-48. - Denial of application. Scroll to Top https://www,municode.com/library/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 34 of 60 Should the director of purchasing propose denying an application for a franchise, the applicant shall be notified of such denial by certified mail not later than 14 days prior to the director of purchasing making such recommendation to the city commission. The notice of denial shall contain a statement of the reasons why the application is being recommended for denial. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-18,2; Ord. No. 11837, § 2, 9-28-99; Ord, No. 13194, § 2, 9-27-10) Sec. 22-49. - Appeal from the recommended denial of franchise; appeal from revocation of franchise. e (a) The recommended denial of a franchise by the director of purchasing may be appealed to the city commission. The notice of appeal shall be filed in writing with the purchasing department no later than 14 days after the receipt of the certified letter advising applicant of the proposed denial. (b) The director of purchasing shall schedule a public hearing for the appeal. Said hearing shall be held not less than 14 nor more than 60 days after receipt of the notice of appeal. The city commission shall either affirm the decision of the purchasing director or direct the purchasing director to issue the franchise. (c) The revocation of a franchise by the director of solid waste may be appealed to the city manager or the city manager's designee. The notice of appeal shall be filed in writing with the city manager with a copy addressed to the director of solid waste no later than 14 days after the receipt of the certified letter advising franchisee of the revocation. (d) The city manager or the city manager's designee shall fix the date and time for hearing the appeal. Said hearing shall be held not less than 14 nor more than 60 days after receipt of the notice of appeal. The city manager or the city manager's designee shall either affirm the decision of the director of solid waste or direct the director of solid waste to reinstate the franchise. Should a revocation and/or reduction in the number of franchisees occur, the city commission may add additional qualified applicants to the approved franchisee list provided that said list does not exceed the number of previously approved franchisees. (Ord. No. 13194, § 2, 9-27-10) Editor's note— Ord. No. 13194, § 2, adopted September 27, 2010, amended section 22-49 in its entirety to read as herein set out. Formerly, section 22-49 pertained to appeal from the departmental denial of franchise; appeal from revocation of franchise, and derived from Ord. No. 10128, § 1, adopted July 10, 1986; the Code of 1980, § 22-18.3, and Ord. No. 11837, § 2, adopted September 28, 1999. Sec. 22-50. - Franchise fees. (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. Month of --Applicable Fee, https://www.municode.com/librarv/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances l Miami... Page 35 of 60 November December January February 50.00 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, vactor 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. (Ord. No. 10128, § 1, 7-10-86; Ord. No. 10440, § 3, 5-19-88; Code 1980, § 22-18.4; Ord. No. 11837, § 2, 9-28-99; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12599, § 2, 10-14-04; Ord. No. 12835, § 2, 10-12-06; Ord. No. 13108, § 5, 10-8-09; Ord, No. 13194, § 2, 9-27-10; Ord. No. 13316, § 2, 3-8-12) Editor's note- Ord. No. 13316, § 2, adopted March 8, 2012, changed the title of section 22-50 from "Franchise fees; permit per account fee(s); annual franchise fee; annual specialized waste handling fee; annual safety inspection fee(s)" to "Franchise fees." The historical notation has been preserved for reference purposes. Sec. 22-51. - Reimbursement for unused portion of permit and license. RIQ Scroll to Top httns://www.municode.com/librarv/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances J Miami... Page 36 of 60 In the event that the city elects to utilize a franchise system for commercial solid waste collection, those commercial solid waste collectors who possess a valid regulatory permit and local business tax receipt at the time such system is implemented, and are not granted a franchise permit, shall be reimbursed for the unused portion of said permit and license. (Ord. No. 10128, § 1, 7-10-86; Ord. No. 10440, § 5, 5-19-88; Code 1980, § 22-18.6; Ord. No. 11703, § 14, 9-28-98; Ord. No. 11837, § 2, 9-28-99; Ord. No. 12885, § 1, 2-8-07) Sec. 22-52. - Identification of equipment. % ,PpiD E21 All equipment utilized to collect and transport solid waste in the city must be conspicuously marked on both sides of the automotive unit with the name of the hauler, tare weight and cubic yard capacity. Identification information must also be marked on all trailer and container units. All markings must be in letters and numerals at least two inches in height. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-18.8; Ord, No. 12258, § 2, 7-25-02) Sec. 22-53. - Information required of franchisees. %431i1C1 El (a) At least annually and as determined by the director, each franchisee shall supply the following information on a form and in the manner prescribed by the director: (1) A listing, as of the reporting date, of the names and addresses of customers, the addresses of each location served. (2) An accounts receivable aging report for each customer within the city. (3) The number and capacity of each dumpster and compactor per account. (4) The address serviced by each dumpster and compactor. (5) The list of accounts within the city for which hand collection of bags/cans is provided. (6) The listing of city accounts that were charged -off as bad debts. (b) No property owner may share an account with another property owner. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-18.9; Ord. No, 11837, § 2, 9-28-99; Ord. No. 12258, § 2, 7-25-02; Ord. No. 13194, § 2, 9-27-10) Sec. 22-54. - Change in required information. Ept Each franchisee shall file any change in its required information with the director in writing on a form prescribed by the director prior to becoming effective. (Ord. No. 12258, § 2, 7-25-02) Editor's note- Ord. No. 12258, § 2, adopted July 25, 2002, amended § 22-54 in its entirety to read as herein set out. Formerly, § 22-54 pertained to a change in rates and derived from the Code of 1980, § 22-18.10 and Ord. No. 10128, § 1, adopted July 10, 1986. Sec. 22-55. - Disposal required at city- and/or county -approved facilities. gfIB � [ Scroll to Top �I (a) httns-//www.mnnicorle.cnm/lihrnrv/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances I Miami... Page 37 of 60 Any and all solid waste material collected by a franchisee within the city shall be disposed of only at the solid waste disposal facilities provided, operated and designated or approved by the department and/or the county public works department and at no other location or facility except those which have heretofore been approved by the State of Florida department of environmental protection. (b) All franchisees shall comply with the provisions of this chapter and all implementing resolutions of the city commission. The city shall use the reports required in this chapter and other information available to determine compliance of permit holders. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-18,11; Ord. No. 12258, § 2, 7-25-02) Sec. 22-56. - Franchise fee requirement; monthly franchise fee payment; approval by city commission 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 franchise for such activities. All persons shall be required to obtain a 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. (b) Effective October 1, 1994, all city -franchised commercial solid waste haulers will be required to pay to the city a franchise fee of eight percent of the franchisee's monthly total gross receipts. Said franchise fee shall be increased to 12 percent effective October 1, 1995, and to 15 percent effective October 1, 1996. Said franchise fee shall be further increased to 22 percent, effective October 1, 2004. Said franchise fee shall be further increased to 24 percent, effective October 8, 2009. 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 90 days following the close of each fiscal year deliver to the director a certified statement of its annual gross receipts and charge -offs generated from accounts within the city prepared by an independent certified public accountant ("CPA"), admitted to practice in the state, reflecting gross receipts within the city for the preceding fiscal year. The CPA statement shall render an unqualified opinion, based on the result of the audit, relative to the franchisee's accounting of all revenues, fees and charge -offs generated from accounts and activities within the city limits. 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 city shall charge a penalty of one and one half 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 franchise fee by the franchisees to the city, any person seeking to renew his annual local business tax receipt pursuant to the provisions of chapter 31 of this Code shall, in addition to the requirements set forth therein, provide the city finance department with evidence of all fees inp601b9ptRIrr`ovisions of this chapter as a condition to reissuance or renewal of said business permit (d) Issuance of a franchise shall require city commission approval for the franchise referenced in httns://www.municode.coin/lihrarv/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 38 of 60 section 22-47 of this chapter. (e) The director is authorized to suspend, revoke, or cancel any such franchise for failure to comply with any of the terms hereof, in accordance with the same practice and procedures as are set forth in section 22-48 of this chapter; providing, however, that the director shall afford an existing franchisee a written notice reasonably specifying the reason(s) for the proposed revocation or suspension of an existing franchise, and the franchisee shall be afforded five business days to cure the noncompliance stated in such notice. (f) Any decision of the director under the terms of this section may be reviewed, upon written request of the aggrieved franchisee made to the city manager in accordance with the same time period and procedure as are set forth by section 22-49, City Code. (Ord. No. 10440, § 7, 5-19-88; Ord. No. 11184, § 6, 10-27-94; Code 1980, § 22-18.12; Ord. No. 11444, § 2, 2-20-97; Ord. No. 11634, § 1, 4-14-98; Ord. No. 11837, § 2, 9-28-99; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12599, § 2, 10-14-04; Ord, No. 12885, § 1, 2-8-07; Ord. No. 13108, § 5, 10-8-09; Ord. No. 13194, § 2, 9-27-10) Editor's note— Ord. No. 13194, § 2, adopted September 27, 2010, changed the title of section 22-56 from "Franchise fee requirement; monthly franchise fee payment; approval by director as a prerequisite to issuance; financial statements, list of accounts; account permit fees; roll -off permit fees" to "Franchise fee requirement; monthly franchise fee payment; approval by city commission as a prerequisite to issuance; financial statements, list of accounts; account permit fees; roll -off permit fees." The historical notation has been preserved for reference purposes. Sec. 22-57. - List of qualifications for franchises; term; nontransferability; rules and regulations; tests, inspections and audits. (a) The city may franchise commercial solid waste haulers as defined herein to provide service to commercial establishments as set forth in this article. The franchises issued, however, shall not limit the right to renew local business tax receipts prior to the effective date of this amendment and, further, will not impair existing written contracts between a franchisee and that of a commercial establishment which are in full force and effect on the effective date hereof and said contract does not exceed the effective date of the franchise. Each applicant for the franchise shall respond to a request for qualifications issued by the procurement department. The request for qualifications shall include, as minimum qualifications to be considered In the granting of such franchise: (1) Certification that the applicant has satisfied all requirements of chapter 22 of the Code of the City of Miami. (2) Certification that the applicant has never defaulted on any governmental franchises, contracts, permits or bid awards. (3) Certification that no subsidiary affiliate, or parent corporation or business entity of the applicant already has, or has applied for, an existing franchise. Franchises will not be issued to a subsidiary, affiliate or parent company of an existing franchisee, or any franchisee. (4) Certification that the applicant (or, if renewal, the franchise) is not and will not be, throughout the term that it has a franchise, affiliated with an affiliated entity of any existing franchisee, or any applicant for a franchise under this article, as a parent, or subsidiary, or by virtue of an interlocking directorate or otherwise. (b) Term. Said franchise shall be valid for a period of five years from date of issuance with one three -year option to renew, and, at the expiration or.egeliRtn,ldrrpgigaSion or revocation thereof, the city 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 three one-year option periods. httnc://www.municode.com/lihrarv/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 39 of 60 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 city 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. (c) Transferability. The franchises granted pursuant to this section shall not be transferable by way of assignment, sale, pledge, or other conveyance. Upon change of ownership, including transference of a majority (51 percent or more) of stock and/or partnership shares, of any company to which a franchise has been issued, a new franchise will be granted by the city commission If the new owner satisfies the requirements of this article. (d) The franchise provided for by this article is to ensure and facilitate a minimum standard of municipal regulation of commercial waste collection within the city, to provide uniformity and quality of service from the franchises granted hereunder, and to assure that the citizens of Miami have safe, efficient, sanitary, permitted regulated and qualified solid waste, garbage and trash disposal contractors. (e) The city may, at reasonable times during the term hereof, inspect any franchisee's facilities and perform such test, as the city deems reasonably necessary, to determine whether the goods or services required to be provided by franchisee under its franchise conform to the terms thereof, if applicable. Each franchisee shall make available to the city reasonable facilities and render assistance to facilitate the performance of all tests and/or inspections by city representatives. All tests and inspections shall be subject to, and made in accordance with the provisions of this Code, as the same may be amended or supplemented from time to time. Each franchisee shall allow city auditors, during regular business hours and after reasonable notice, to audit, inspect and examine the franchisee's financial records (as they relate to city revenue) including all fiscal books and records, sales tax returns, bank statements, general ledger (vouching city revenue to the general ledger) contract(s)/agreement(s) between franchisee and customer(s) and any other financial information deemed necessary, in so far as such other financial information relates to city accounts, as well as the franchisee's entire customer base, in order to confirm the franchisee's compliance with its franchise agreement. Each franchisee shall pay a one and one half percent penalty per month on any monies due and owing to the city, as a direct result of an audit, from whatever applicable revenue stream during the term of the franchise agreement. If a city audit reveals that a franchisee under -reported gross receipts, and the audit shows additional revenue due to the city in an amount per fiscal year of $20,000.00 or more, franchisee shall pay to the city the cost of conducting the audit. Upon audit notification, a franchisee shall deliver all financial and other books and records to the city at no cost to the city. Each franchisee shall allow city auditors to copy any financial related source documents when deemed necessary to substantiate an audit finding. (Ord. No, 10440, § 7, 5-19-88; Code 1980, § 22-18.13; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12599, § 2, 10-14-04; Ord. No. 12885, § 1, 2-8-07; Ord. No, 13194, § 2, 9-27-10) Editor's note— Ord, No. 12599, § 2, adopted October 14, 2004, changed the title of § 22-57 from "List of qualifications for franchises; term; nontransferability; rules and regulations" to "List of qualifications for franchises; term; nontransferability; rules and regulations; tests, inspections and audits. Sec. 22-58. - Revocation of franchise. °oil ©�]l Scroll to Top httns://www.rrnmicode.corn/lihrarv/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 40 of 60 (a) The city reserves unto itself the power to revoke all franchises pursuant to this chapter of the Code, (b) The violation of any of the terms and conditions of this Code which endanger the public health, safety and welfare or the violation of any of the terms and conditions of the franchise shall be cause for revocation of a franchise. (c) The director may revoke a franchise for a violation or violations as aforementioned and may immediately declare such franchise null and void, and upon such declaration, franchisee shall immediately cease all operations, and shall be considered to have forfeited said franchise and the rights acquired thereunder. Should the director decide to revoke a franchise, he/she shall provide the franchisee with notice of such revocation and the reasons therefore, Upon receipt of such notice, the franchisee may appeal said revocation to the city manager or the city manager's designee and the appeal and hearing thereon shall be conducted in accordance with the procedures set forth in section 22-49. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-18.14; Ord. No. 11837, § 2, 9-28-99; Ord. No. 12599, § 2, 10-14-04; Ord. No. 13194, § 2, 9-27-10) Sec. 22-59. - Procedure upon violation of sections 22-46 through 22-58. % } � e Any violation of sections 22-46 through 22-58 herein may result in action taken by the director pursuant to section 22-93 herein, and such action shall be cumulative in nature and not the exclusive action available to the director, (Ord. No, 10128, § 1, 7-10-86; Code 1980, § 22-18.15) Secs. 22-60-22-85. - Reserved. ARTICLE III. ENFORCEMENT AND ADMINISTRATION Ea e Sec. 22-86. - Waste fees; implementation. ............ (a) It shall be the duty of the owner of each lot, tract or parcel of land in the city having a residential unit situated thereon, except as may otherwise be provided herein, to pay or cause to be paid the waste fee or fees due for each residential unit or commercial establishment, as the case may be, as provided for in section 22-12 and section 22-87 herein, and failure on the part of such owner to make such payment shall constitute a violation of this chapter. (b) Each person, firm, corporation, partnership or other entity who is the owner of each lot, tract or parcel of land in any area in the city shall pay for residential waste collection service as billed directly by the city or, at the discretion of the city, on the tax bill to and in accordance with the provisions of F.S. ch. 197, Other special collection billings will be billed as authorized by the city commission. (Ord. No. 10128, § 1, 7-10-86; Ord. No. 11184, § 7, 1 Os 94l Epgp1 i80, § 22-23) Sec. 22-87. - Schedule of waste collection and disposal fees; records to be kept. httnc•/hz7Aa71x7 mnnicnrlP nnrn/lihrarv/ h/5/7n15 Chapter 22 - GARBAGE AND OTHER SOLID WASTE { Code of Ordinances I Miami... Page 41 of 60 (a) Any special collections which exceed the normal weekly trash collection will be charged according to equipment and manpower usage. (b) The department shall maintain complete and accurate records of the costs and expenditures for providing waste collection services, and shall provide the city manager and the city commission with periodic statements and reports showing such costs and expenditures. The city commission shall make periodic adjustment of the fees, assessments and charges for waste collection and disposal services in accordance with the cost analysis of providing such services. (Ord. No. 10128, § 1, 7-10-86; Ord. No. 11184, § 8, 10-27-94; Code 1980, § 22-24; Ord. No. 12258, § 2, 7 -25-02) Sec. 22-88. - Payment of waste fees. Ie (a) All payment of waste fees shall be payable in advance on or before the due date annually based on the method deemed most appropriate and cost effective by the city manager. In the event that payment of said waste fees is by check made payable to the city and said check is returned by the bank due to insufficient funds or any other reason not the fault of the bank or the city, a charge of $20.00 shall be added to the waste fee due to cover administrative costs incurred by the city. In addition, late charges and interest on past due accounts shall be charged as provided in this chapter. (b) The finance director shall give notice to the owner of the property at the owner's last known mailing address, as disclosed by city records or by the county tax rolls, or at the property's address, or upon any occupant thereof. If the address of the owner is unknown to the finance director, and if the property is unoccupied and the owner thereof has no agent or employee available for service of such notice, the posting of a notice upon such property by the finance director shall constitute and be sufficient notice to the owner thereof. All methods of giving notice as provided for herein are cumulative and independent of the other, and the finance director may use one or all of the same as the finance director may deem necessary. (Ord. No. 10128, § 1, 7-10-86; Ord, No. 11184, § 9, 10-27-94; Code 1980, § 22-26; Ord. No. 11276, § 2, 7 -13-95) Sec. 22-89. - Waste and right-of-way cleaning fees shall constitute special assessment liens against all improved real property. (a) Except as otherwise provided by this chapter, all owners of improved real property in the city are required to have accumulations of garbage, bulky waste, and solid waste removed by the department, and for such governmental service of garbage, bulky waste and solid waste collection, or the availability of such service, all such improved real property shall be liable for the payment of the waste and right-of-way cleaning fees set forth in this chapter. All such fees becoming due and payable on and after January 1, 1983, shall constitute, and are hereby imposed as, special assessment liens against the real property aforesaid, and until fully paid and discharged, or barred by law, shall remain Liens equal in rank and dignity with the lien of city and county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such fees shall become delinquent if not fully paid within 60 days after the due date. Total Eautsliatdrog balance for delinquent fees and related charges shall bear an interest charge ofone percent -per month, on any and all of the outstanding balance of such fees due, and if not fully paid with all accrued interest by the due httnc•//w<xnv miinir.nrdp r.nm/lihrarv/ 6/S/7.fl1 5 Chapter 22 - GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances l Miami... Page 42 of 60 date of the next succeeding waste fee payment, will continue to accrue interest at the rate of one percent per month, Unpaid and delinquent fees, together with accrued interest, shall remain and constitute special assessment liens against the real property involved. Such special assessment liens for waste and right-of-way cleaning fees and interest and costs may be enforced by any of the methods provided in F.S. ch. 85, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of F.S. ch. 173, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The owner and/or operator shall pay all costs of collection, including reasonable attorney fees, court costs, and abstracting and related lien expenses imposed by virtue of this chapter. (b) (1) Except as otherwise provided by this chapter, all waste fees due and unpaid for the period from January 1, 1981, until December 31, 1982, shall constitute special assessment liens against all improved real property for which waste collection and disposal services were provided or made available. (2) Except as otherwise provided by this chapter, all waste fees due and unpaid for the period from March 1, 1980, until January 1, 1981, shall constitute special assessment liens against all improved real property for which waste collection and disposal services were provided or made available, unless the present owner and record title holder of the particular real property involved shall fully pay all waste fees maturing since such owner acquired title, including current waste fees, and shall file with the finance department a verified statement showing that the property involved was purchased in good faith for valuable consideration and that a transfer of title was not accomplished for the purpose of avoiding payment of delinquent waste fees, on a date subsequent to March 1, 1980, and giving the full and correct legal description and street address of the property involved, and the name and address of the former owner, if known, and such other information as may be reasonably required by the finance department. Thereupon, such present owners shall be required to pay such waste fees for the period from March 1, 1980, until January 1, 1981, during which period they were the record title holders of the property involved, and current waste fees. Provided further, that waste fees becoming due and unpaid prior to January 1, 1981, shall constitute special assessment liens only if the finance department shall cause to be filed in the office of the clerk of the circuit court of Dade County, Florida, on or before December 31, 1983, a notice of lien or statement showing a legal description of the real property against which the lien is claimed and its location by street and number, and the name of the owner as reflected by the records of the finance department, and an accurate statement of the total amount of unpaid and delinquent waste fees claimed to be due as of January 1, 1981, and a copy of such notice of lien shall be mailed to the owner of the property involved, as shown by the records of the finance department. Such notices of liens shall be filed in a special waste lien docket book maintained by the clerk of the circuit court for such purpose, which shall contain such liens as have been filed. In the event the department fails to file a notice of lien as aforesaid on or before December 31, 1983, no special assessment lien shall exist for any waste fees becoming due prior to January 1, 1981. Such liens, if filed, may be discharged and satisfied by payment to the city of the aggregate amounts specified in the notice of liens together with interest thereon from the date of filing of the lien computed at the rate of 18 percent per annum, together with the administrative costs, filing and recording fees. When any such lien has been fully paid or discharged, the finance department shall promptly cause evidence of the satisfaction and discharge of such lien to be entered in said waste lien docket book, Delinquent waste fees accruing during the period from March 1, 1980, until January 1, 1981, shall not in any event become special assessment liens against improved real property unless the finance departments hallcompiywith the requirements of this paragraph (2), subsection (b). Where the reeds drtitkdcTiIpproved real property was acquired after March 1, 1980, and prior to January 1 1981 in good faith for good and valuable consideration and not for the purpose of avoiding payment of delinquent waste fees, the httne•//vinanxr mnninnr1P r..nnn/1ihrand ti/5/)n1 5 Chapter 22 - GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances 1 Miami... Page 43 of.60 present owner and record title holder of the involved property shall be liable only for waste fees due for the time period within which the record title was acquired and subsequent periods. Where the record title is so acquired after January 1, 1981, and prior to the filing of the notice of lien or statement required under the provisions of this paragraph (2) of subsection (b), the property shall not be liable for any delinquent waste fees accruing to January 1, 1981. In such instances, the former record title holder shall be personally liable for the delinquent waste fees, and not the property. (c) (1) Where property owners have paid delinquent waste fees for which they are not liable, a refund or credit, if presented within the time period permitted by Florida Statutes, shall be given for such payments in accordance with the provisions of this subsection upon written request and delivery of all receipts evidencing payment of the delinquent waste fees for which a refund or credit is sought. It shall be the duty and responsibility of the record title holder to furnish the finance department with the information required by this subsection in order to release the property from liability for such delinquent waste fees. (2) Any person, firm, corporation or legal entity, other than the present owner of the property involved, who pays any herein listed special assessment liens shall be entitled to receive an assignment of the lien held by the city and shall be subrogated to the rights of the city in respect to the enforcement of such lien. (3) The finance department is authorized and directed to execute and deliver, upon request, written certificates certifying the amount of waste fees due upon any parcel of real property subject to payment of waste fees, or certifying that no waste fees are due, which certificates shall be binding upon the city. The finance department shall make rules and regulations prescribing procedures governing the administration of the provisions of this chapter and providing procedures for the payment of waste liens in periodic installments and the cancellation of waste liens, which rules and regulations when approved by resolution of the city commission and filed in accordance with the requirements of this chapter shall have the force and effect of law. (Ord. No. 10128, § 1, 7-10-86; Ord. No. 10371, § 4, 1-14-88; Ord. No. 10475, § 1, 9-8-88; Ord. No. 10600, § 1, 7-13-89; Code 1980, § 22-28) Sec. 22-90. - Waste fee receipts. Receipts evidencing the payment of waste fees, in such form as may be approved by the finance director, shall be retained by the occupant of the premises covered thereby, and shall be exhibited upon demand of any employees of the finance department. Failure to exhibit such receipt upon demand shall constitute a violation of this chapter. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-29) Sec. 22-91. - Multiple occupancy of premises. A commercial establishment and a residential establishment under the same ownership In - in separate buildings on the same parcel of property in which the owner has a separate point for residential and commercial solid waste shall have ilre option of having set_ points, in which case the refuse for the residential peaaralhiayTbp billed as a residen httnc•//www mllnicrw1A nnm/lihrarv/ Chapter 22 - GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances! Miami... Page 44 of 60 commercial refuse shall be the responsibility of a private hauler commercial account. Cans must be separated on multiple occupancy properties and placed in separate locations. Cans must be marked for separate identification. (Ord, No. 10128, § 1, 7-10-86; Ord, No. 11184, § 10, 10-27-94; Code 1980, § 22-30) Sec. 22-92. - Certain exemptions from payment of waste fees. 521 Commercial establishments actually employing and using the services of a private waste collector holding a valid franchise provided for in article II of this chapter shall not be liable for the payment of waste fees otherwise required to be paid hereunder so long as such employment and use continues. (Ord, No. 10128, § 1, 7-10-86; Code 1980, § 22-31; Ord. No. 12258, § 2, 7-25-02) Sec. 22-93. - Enforcement and administrative fees. (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 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 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, (2) A non -franchisee 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 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 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 Bf lfcti-tptf6cc ntainer and immediately retrieve the roll-off/container from the department upon thepostingwith the department a cash bond in the amount of $500.00, plus costs incurred by the department. httne•//txrvulm. mniiirr rla rnrn/1ilhrarm/ ti/5/'*)(11 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 45 of 60 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 days after the notice was mailed shall constitute a waiver of the right to a preliminary hearing pursuant to section 22-94. A 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, final hearing, appeal, or payment of an administrative penalty, shall become the property of the city. (3) The department is authorized to immediately seize and impound a roll-off/container in the event the department determines that said 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 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. b. The date upon which the notice was issued. c. The date that the notice was posted at the location where the 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 days after the notice was mailed shall constitute a waiver of the right to a preliminary hearing pursuant to section 22-94. A 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, final hearing, appeal, or payment of an administrative penalty, shall become the property of the city. (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 bejointly -given by the directors of the city police department, department of gene.rglcmyi6epolclrhinistration, department of public works, law department and other relevant departments. c. https://www.municode.corn/library/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 46 of 60 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 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: Acts/Conditions of Noncompliance Fee Sectio (Subsection) 1st offense: 2nd offense: 3rd offense: Each additional offense: The placement of containers, garbage, trash, bulky and/or industrial waste on public rights -of -way Dumpstedsloptkeutdannroved , $262.50 525.00 1,050.00 1,050.00 79.00 22-46(k and 22-< (6) 22-46(k and 22- 22-46(k and 22-�1 22-2(f).: l-,itt1e•//cxnx71x7 1-11111111nrwita rntinin.'.rarcr/ Chapter 22 - GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances Miami... Page 47 of 60 (e) If the owner, agent, or occupant of any property within the city shall fail to comply with any determination of the city manager, or his designee, the director shall cause such work to be done and shall keep an accurate accounting of the costs thereof, whereupon the amount of such costs and the interest thereon shall constitute and is hereby imposed as a lien against the subject property with equal rank and dignity of any other special assessment liens. An aggrieved party may appeal both the fees and costs imposed under this section to a court of competent jurisdiction in accordance with the Florida Rules of Appellate Procedure. (f) Failure by an occupant of any commercial property other than multifamily residential property to comply with the regulations set forth in this chapter shall cause the city to revoke the certificate of use and local business tax receipt for said business. (g) In addition to any other remedies provided by this chapter or any other city ordinance, the director and the director of the department of public works shall have judicial remedies available to them for violations of this chapter or any other lawful rule or regulation promulgated hereunder as enumerated below but not limited to: (1) They may institute a civil action in a court of competent jurisdiction to establish liability and to recover damage for any costs incurred by the city in conjunction with the abatement of any condition prohibited by the provisions of this chapter. (2) They may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with the terms of this chapter or any rule or regulation promulgated hereunder, to enjoin and prohibit said violation or to compel the performance of actions which will result in compliance with the terms of this chapter. (h) These remedies are cumulative and the use of any appropriate remedy shall not constitute an election of remedies by the departments. The use of one remedy shall not preclude the use of any others. (i) All violations of this chapter may be brought before the code enforcement board or may be prosecuted in the county court. (Ord. No. 10128, § 1, 7-10-86; Ord. No. 10535, § 2, 1-12-89; Ord. No. 11184, § 11, 10-27-94; Code 1980, § 22-32; Ord. No. 11352, § 5, 4-25-96; Ord, No. 11703, § 15, 9-28-98; Ord, No. 11837, § 2, 9-28-99; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12400, § 2, 9-11-03; Ord, No. 12599, § 2, 10-14-04; Ord. No. 12835, § 2, 10-12-06; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13142, § 9, 2-11-10; Ord. No. 13194, § 2, 9-27-10; Ord. No. 13317, § 2, 3-8-12) Sec. 22-94. - Hearings. (a) The owner, or authorized representative, of a roll-off/container that has been seized and impounded pursuant to subsections 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 days from the date the department's notice is mailed. (1) The hearing shall be scheduled before a special master of the city within ten 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 existed to believe that the roll-off/container constituted a public nuisance under chapter 22 of the City Code and was subject to seizure and impoundment pursuant to subsection 22-93(a)(2). If the roll- off/container was immediately seized and impounded pursuant to subsection 22-93(a)(3), the city shall have the burden of showing that probable cause existed to believe that the roll- off/container constituted a public nuisance under chapter 22 of the City Code and posed a health and safety concern. Scroll to Top (3) The formal rules of evidence shall not apply at the hearing and hearsay and circumstantial evidence is admissible. 1-11i-r%o•//xxnxnxT mrxnir'rcrl rvxm/1ihrarcT/ 6/C/')n15 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 48 of 60 (4) If, after the hearing, the special master determines that the city has met its burden, as set forth by subsection (a)(2), the special master shall order the continued impoundment of the roll-off/container, if applicable, 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 of a cash bond with the department in the amount of $500.00 without impairing the right to a final hearing. (5) If, after the hearing, the special master determines that probable cause did not exist, 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 30 days after the date that the roll-off/container was seized and impounded. At the. final hearing, the city shall have the burden of showing by clear and convincing evidence that the roll-off/container constituted a public nuisance under chapter 22 of the City Code. if the roll- off/container was seized and impounded pursuant to subsection 22-93(a)(3), then the city must also show by clear and convincing evidence that the roll-off/container posed a health and safety concern. If, after the hearing, a finding is made that the roll-off/container was properly impounded and seized, 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 subsections 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. (Ord. No. 13317, § 2, 3-8-12) 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 subsections 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 30 days of the date of 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. (Ord. No. 13317, § 2, 3-8-12) Secs. 22-96-22-112. - Reserved. ARTICLE IV. - MAINTENANCE OF LOTS i y , I FOOTNOTE(S) --- (2) --- Scroll to Top bttnc!//www_mnniende.corn/library/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 49 of 60 Editor's note —Ord, No. 13044, § 2, adopted December 11, 2008, amended article IV, §§ 22-116-22- 118 in its entirety to read as herein set out. Formerly, article IV pertained to lot clearing, and derived from the Code of 1980, §§ 22-36, 22-37; Ord. No. 10128, § 1, adopted July 10, 1986; Ord. No. 11746, § 1, adopted January 12, 1999. Sec. 22-113. - Intent. The purpose of this article is to protect the public health, safety and welfare by: (1) Establishing a program for identification and registration of vacant lots. (2) Establishing the responsibilities of owners of lots. (3) Providing for administration, enforcement and penalties. (4) Allowing the city police department to enforce the trespassing penalties described in F.S. § 810.08 on lots. (5) Providing a fair, equitable, and efficient method of allocating and apportioning the assessed service costs, which constitute a special benefit to residential and commercial properties, among propertyowners within the city. (Ord. No. 13044, § 2, 12-11-08) Sec. 22-114. - Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated in this section: Owner means any person, legal entity or other party having any ownership interest in real property, including but not limited to, owners identified on the vacant lot registration form; or a purchaser, devisee, lessee, fiduciary, or holder of an unrecorded deed. This term shall also apply to any person, legal entity or agent responsible for the construction on or maintenance of the lot involved, as well as any person, legal entity or agent authorized to initiate a foreclosure or collection proceeding against the property, whether or not such proceeding has in fact been initiated. This term shall not apply to the city. Structure means a structure or building as defined by the Florida Building Code. Vacant lot means a lot, tract, or other parcel of land in the city that does not have a structure or building on the land, (Ord. No. 13044, § 2, 12-11-08) Sec. 22-115. - Registration. A (a) Every owner of a vacant lot shall, at no cost to the owner, register said vacant lot with the city. Such registration shall include: (1) A description of the lot including address, legal description, and folio number; (2) The names, addresses, and contact numbers of the owner; or agents, that can be contacted within 24 hours; and ® Scroll to Top (3) Written consent by the owner allowing the city police department to enforce the trespassing penalties described in F.S. § 810.08. httns://www.municode.com/librarv/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 50 of 60 This r$tOtration must be done upon any transfer of the property and every October 1st thereafter. (c) Failure to comply with the requirements of this section shall subject the owner to code enforcement action, pursuant to F.S. § 162.06 and chapter 2, article 10, as amended and specifically section 2-814. (Ord. No. 13044, § 2, 12-11-08) Sec. 22-116. - Prohibitions. It shall be unlawful for the owner or any other persons in possession of any lot, tract, or other parcel of land in the city, improved or unimproved, to allow on any lot, tract, or parcel of land within the city to such an extent that it constitutes a menace to life, property, the public health, public welfare or creates a fire hazard the accumulation of any of the following: solid waste, biological, hazardous or industrial waste, as described herein; tires; stagnant water; a dense growth of trees, vines and underbrush; or to allow a growth of grass, weeds or bushes over one foot in height; or to allow the existence of depressions or excavations wherein water may accumulate. Any owner of any lot, tract or parcel of land in the city who violates any provision set forth in this article shall, upon conviction thereof, be punished as provided by law. (Ord. No. 13044, § 2, 12-11-08) Sec. 22-117. - Lot clearance; failure to comply; notice to owner. g Ice] (a) The owners or agents of all rental units, including multiple apartments, and the owners of all structures, either residential or commercial, shall be responsible at all times for keeping their premises clean and free from all trash and litter, including the sidewalks and swales on which the buildings or lands front. It shall be the duty of all owners of lots, parcels and tracts of land within the city to keep such property in a safe clean and presentable condition, and to remove therefrom all garbage, surplus grass, saplings, weeds and other growths, and all trash, and to fill in all excavations and depressions thereon, and to limit the growth of grass, weeds, or bushes to no more than 12 inches in height. (b) In the event the owners of lots, tracts or parcels of land within the city fail or refuse to keep such property in a safe, clean and presentable condition, the code enforcement inspector shall provide notice to the owner that the owner has committed a violation of this chapter and shall establish a reasonable time period within which the owner must correct the violation. (c) The code inspector, as defined in section 2-811, shall give the notice by registered or certified mail to the owner of the property at the owner's last known mailing address, as disclosed by the city records or by county tax rolls, or at the property's street address, or upon any occupant thereof, or upon any agent or employee of the owner thereof. Said notice shall be deemed sufficient when so addressed and deposited in the United States mail with proper postage prepaid. If the address of the owner is unknown to the code inspector, as defined in section 2- 811, and if the property is unoccupied and the owner thereof has no agent or employee available for service of such notice, the posting of a notice upon such property by the code inspector, as defined in section 2-811, shall constitute and be sufficient notice to the owner thereof. All methods of giving notice as provided for herein are cumulative and independent of the other, and the code inspector, as defined in section _ 2-811, miff u e ore or all of the same as may be � Stroo deemed necessary. The notice shall include ark opportunityror hearing as provided in section 22-93. httne.//www mnninndp anm/lihrarv/ 6/5/201 S Chapter 22 - GARBAGE AND OTHER SOLID WASTE Code of Ordinances Miami,.. Page 51 of 60 (d) In the event the owner of any lot, parcel or tract of land shall fail to remove therefrom all surplus grass, saplings, weeds, trash or garbage, or fail to fill in all excavations and depressions thereon, or allow the growth of grass, weeds, or bushes to exceed 12 inches in height after notice has been given by the code inspector, as defined in section 2-811, the city may clean or cause to be cleaned such lot, tract or parcel of land and place it in a safe and sanitary condition. (e) Any actions taken by the city to bring a lot into compliance does not create a continuing obligation on the part of the local governing body to maintain the lot and does not create any liability against the local governing body for any damages to the property if such actions were completed in good faith. (Ord. No. 13044, § 2, 12-11-08) Sec. 22-118. - Cost of clearing as lien on property —collection, foreclosure and sale. (a) In case the work is done or caused to be done by the city, the code inspector, as defined in section 2-811, shall keep an itemized accounting of expenses of the work done and the cost thereof including an administrative charge of $150,00 and mail the statement to the owner of the property. The owner shall have ten days from the date the request for payment has been served to appeal the lot clearing process and/or the amount of the expenses and costs. If the statement is not paid or appealed within ten days, the amount shall bear interest at the maximum statutory rate allowable by law until paid. Such amounts, together with all penalties imposed thereon, shall constitute, and are hereby imposed as special assessment liens against the real property aforesaid, and until fully paid and discharged, or barred by law, shall remain liens equal in rank and dignity with the line of city and county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such liens shall be enforced by any of the methods provided in F.S. ch. 86 or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions applicable to practice, pleading and procedure for the foreclosure of mortgages on real estate set forth in state statutes, or may be foreclosed pursuant to F.S. ch. 173, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The payment of all costs of collection, including reasonable attorney's fees, penalties, administrative charges, and lien amounts is required before said lien shall be discharged or satisfied, All delinquent liens may be offered for sale at the annual lien sale of the city next following the date of delinquency as provided by law. (b) This notice will be the only notice given within a one-year period of time. Any subsequent violations occurring under this section shall be remedied by the city without further notice. (c) The filing of an appeal from the city's determination of the need for lot clearance by the city shall not delay action by the city as described in section 22-117. The hearing will be conducted in accordance with the procedures set forth in section 22-93.4. (d) The notice shall be in substantially the following form: Date: Name of owner: Address of owner: As the registered property owner per Miami -Dade County tax rolls of the above described property, you are hereby notified that an inspection discloses that you are in violation of the Code of the City of Miami, Florida, as amended, Sections 22-116 through 22-118 because (state why property is in violation.) . Scroll to Top https://www.inunicode.comllibrary/ 6/5/2015 Chapter 22 GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances 1 Miami... Page 52 of 60 Chapter 22, Garbage and Other Solid Waste, of the Code of the City of Miami, Florida, as amended requires that your property be kept in a safe, clean condition, not allowing the accumulation of any of the following: solid waste, biological, hazardous or industrial waste, as defined herein, tires, stagnant water; a dense growth of trees, vines and underbrush; or to allow a growth of grass, weeds or bushes over one foot (1 ft.) in height; or to allow the existence of depressions or excavations wherein water may accumulate on any lot, tract or parcel of land within the City to such an extent that it constitutes a menace to life, property, the public health, and public welfare or creates a fire hazard. You are directed to correct said violation within ( ) days of receipt of this notice and to notify this office that the violation has been corrected. Failure to do so will cause the City to clean the property therefore imposing a special assessment lien against the property including the payment of all costs of collection, penalties, lien amounts and administrative fees. The City may also exercise the option of foreclosure on your property. This notice, which shall be recorded in the official records of Miami -Dade County will be the only notice given to you in a period of one (1) year from this date. Any other violations occurring under this section shall be remedied by the City without further notice. City of Miami Code Enforcement Official. (Ord. No. 13044, § 2, 12-11-08) Sec. 22-119. - Exemptions. °o I ,W; This article shall not apply to any Lots protected by federal, state, or local law or any lots owned by the federal government, state government, Miami -Dade County,or the city. (Ord. No. 13044, § 2, 12-11-08) Sec. 22-120. - Alternative procedures. Nothing in this chapter shall be deemed to preempt existing remedies of the city authorized under existing law. (Ord. No. 13044, § 2, 12-11-08) Secs. 22-121-22-145. - Reserved. 1BlQ1; ARTICLE V. - REMOVAL OF ABANDONED PROPERTY FOOTNOTE(S): --- (3) --- State Law reference— Junked, abandoned property SorpLUbdicTpp erty, F.S. § 705.101 et seq. Sec. 22-146. - Removal from private property. httns•//www mnninnd. rnm/lihrnrv/ 6/5/0015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 53 of 60 (a) It shall be unlawful to park, place, store or leave any abandoned property on private property in the city, unless it is in connection with a purpose or business enterprise lawfully situated and licensed; any article of abandoned property parked and/or stored in connection with a legitimate business enterprise shall be parked and/or stored in complete compliance with the city's zoning ordinance. (b) Whenever the code inspector, as defined in section 2-811, shall ascertain that an article or articles of abandoned property are present on private property within the limits of the city in violation of the zoning ordinance or regulation, the antilitter ordinance or regulation, or other similar ordinance or regulation of the city, the enforcement officer shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is in violation of (setting forth ordinance or regulation violated) and must be removed within ten days or, if the property is a boat, 30 days from date of this notice; otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of (enforcement officer) unless a request for hearing as provided in Code of the City of Miami section 22-93 is filed by owner with the enforcement officer within the specified timeframe for removal of the property as set forth herein, thereby staying the enforcement officer's action pending the outcome of the hearing. If no hearing is requested the property will be removed and destroyed. If the property is a motor vehicle or boat, the owner will be liable for the costs of removal and destruction. Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address and telephone number of enforcement officer). (c) Such notice shall not be less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of ten days. In addition to posting the notice, and on or before the date of posting, the enforcement officer shall make a reasonable effort to ascertain the name and address of the owner. If such is reasonably available to the officer, he shall mail a copy of such notice to the owner on or before the date of posting. If the property is a motor vehicle as defined in F.S. § 320,01(1) or a vessel as defined in F.S. § 327.02 (27), the law enforcement agency shall contact the state department of highway safety and motor vehicles or the state department of environmental protection, respectively, in order to determine the name and address of the owner and any person who has filed a lien on the vehicle or vessel as provided in F.S. § 319.27(2) or (3) or F.S. § 328.15(1). On receipt of this information, the enforcement agency shall mail a copy of the notice by certified mail, return receipt requested, to the owner and to the lienholder, if any. (d) If, at the end of ten days or if the property is a boat, at the end of 30 days after posting such notice, the owner or any person interested in the abandoned article described in such notice has not removed the article and has not requested a hearing in compliance with the ordinance or regulation cited in the notice, the enforcement officer may cause the article of abandoned property to be removed and destroyed. The salvage value, if any, of such article shall be retained by the city to be applied against the cost of removal and destruction thereof, unless the costs of removal and destruction are paid by the owner as provided in section 22-147 hereof, in which case the salvage value may be deposited in the city's general fund. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-40) Sec. 22-147. - Owner responsible for costs of -removing -Abandoned property. • Scroll to Top litins!//www mimic,nrie.com/lihrarv/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE I Code of Ordinances I Miami... Page 54 of 60 The owner of any abandoned motor vehicle or boat who, after notice as provided in this section, does not remove the vehicle or boat within the specified period shall be liable to the city for all costs of removal and destruction of such property, less any salvage value received by the city. Upon such removal and destruction, the enforcement officer shall notify the owner of the amount owed and of the penalty provisions of this section. In the case of an abandoned boat, any person who neglects or refuses to pay such amount shall not be entitled to be issued a certificate of registration for any boat until such costs have been paid. The enforcement officer shall supply the state department of environmental protection with a list of persons whose boat registration privileges have been revoked under this section. In the case of an abandoned motor vehicle, any person who neglects or refuses to pay such amount shall be subject to a fine of $100.00. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-41) Sec. 22-148. - Obstruction of enforcement officer. Whoever opposes, obstructs, or resists any enforcement officer, or any person authorized by the enforcement officer, in the discharge of his duties as provided in this section, upon conviction, shall be punished as provided by law, (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-42) Sec. 22-149. - Enforcement officer immune from prosecution. Any enforcement officer, or any person authorized by the enforcement officer, shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this chapter. (Ord. No, 10128, § 1, 7-10-86; Code 1980, § 22-43) Sec. 22-150. - Enforcement officers designated. DIE2 The designated enforcement officers for the purpose of enforcing the provisions of this article are the city manager, the chief of police, the director of the department of general services administration and the director of the department of planning, building and zoning or their designees and the code inspectors as defined in section 2-811. (Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-44) Secs. 22-151-22-160. - Reserved. • ARTICLE VI. - DONATION COLLECTION BINS (k)6.8, DEBQi Scroll to Top Sec. 22-161. - Donation bins prohibited. https://www.municode.com/library/ 6/5/2015 Chapter 22 - GARBAGE AND OTHER SOLID WASTE 1 Code of Ordinances 1 Miami... Page 55 of 60 (a) Generally. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained a donation collection bin in or on any lot, parcel or tract of land or body of water in any zoning district. A donation collection bin is hereby defined as a receptacle designed with a door, slot or other opening and which is intended to accept and store donated items; provided, however, the definition of donation collection bins shall not include trailers, where personnel are present to accept donations. (b) Designation of enforcement officer. The director shall designate an enforcement officer who shall be responsible for the removal of donation collection boxes. (c) Notification. Whenever the enforcement officer ascertains that a donation collection bin is present on any property within unincorporated Dade County, the officer shall cause a notice to be placed on such bin in substantially the following form: NOTICE This donation collection bin is unlawfully upon property known as (setting forth brief description of location) and must be removed within 72 hours from the time of this notice. Failure to remove the bin shall result in the removal and destruction of the bin by order of the City of Miami. Date this: (setting forth the date, time of posting of the notice) Signed: (setting forth name, with the address and telephone number of the enforcement officer). Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. (d) Removal of donation collection bin. If at the end of 72 hours after posting of such notice, the donation collection bin has not been removed from the property, the enforcement officer shall cause the bin to be removed. (e) Assistance of city police department. If the enforcement officer is unable to successfully remove a donation collection bin subject to seizure under this section, the enforcement officer or his designated representatives may secure the assistance of the City of Miami police department to effect the removal of said bin. (f) Obstructing an enforcement officer in the performance of duties. Whoever opposes, obstructs or resists the enforcement officer in the discharge of duties as provided in this section, upon conviction, shall be guilty of a misdemeanor of the second degree and shall be subject to punishment as provided by law. (g) Destruction of donation collection bin. Whenever a donation collection bin remains unclaimed as provided in subsection (d) above, it shall be destroyed by order of Dade County. The contents of the bin may be destroyed or donated to charity. (h) Recovery of costs. All costs incurred pursuant to this section shall be paid by the owner of the donation collection bin. The enforcement officer may institute a suit to recover such expenses against the bin owner. (i) Responsibility for compliance. The owner of the donation collection bin and the tenant and/or owner of the property on which the bin is maintained shall be responsible for compliance with this chapter. (Ord. No. 11531, § 2, 7-24-97) Secs. 22-162-22-169. - Reserved. Scroll to Top https://www.municode.com/library/ 6/5/2015