HomeMy WebLinkAboutBack-Up from Law DeptThe 2016 Florida Statutes
Title XIV Chapter 197 View Entire
TAXATION AND TAX COLLECTIONS, SALES, Chapter
FINANCE AND LIENS
197.3631 Non -ad valorem assessments; general provisions. —Non -ad
valorem assessments as defined in s. 197.3632 may be collected pursuant to
the method provided for in ss. 197.3632 and 197.3635. Non -ad valorem
assessments may also be collected pursuant to any alternative method which is
authorized by law, but such alternative method shall not require the tax
collector or property appraiser to perform those services as provided for in ss.
197.3632 and 197.3635. However, a property appraiser or tax collector may
contract with a local government to supply information and services necessary
for any such alternative method. Section 197.3632 is additional authority for
local governments to impose and collect non -ad valorem assessments
supplemental to the home rule powers pursuant to ss. 125.01 and 166.021 and
chapter 170, or any other law. Any county operating under a charter adopted
pursuant to s. 11, Art. VIII of the Constitution of 1885, as amended, as referred
to in s. 6(e), Art. VIII of the Constitution of 1968, as amended, may use any
method authorized by law for imposing and collecting non -ad valorem
assessments.
History.—s. 67, ch. 88-130; s. 6, ch. 88-216; s. 7, ch. 90-343.
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 shalt 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 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, or between January
1 and September 25 for any county as defined in s. 125.011(1), 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.
1(5)(a) By September 15 of each year, or by September 25 for any county as
defined in s. 125.011(1), 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 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; s. 13, ch. 2016-128.
'Note. —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."
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 shall 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.
(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.
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 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.
62-708 : FULL COST ACCOUNTING FOR SOLID WASTE MANAGEMENT - Florida... Page 1 of 1
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Rule Chapter: 62-708
Chapter Title: FULL COST ACCOUNTING FOR SOLID WASTE MANAGEMENT
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Rule No. Rule Title
62-708.100 Intent (Repealed) 2/16/2012
62-708.200 Definitions 12/19/1989
Effective
Date
62-708.300 Applicability (Repealed) 2/16/2012
62-708.400 Determination of the Full Cost of Solid Waste Management 12/19/1989
62-708.500 Public Disclosure.of the Full Cost of Solid Waste Management (Repealed) 2/16/2012
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https://www.flrules.org/gateway/ChapterHome.asp?Chapter=62-708 7/1/2016
CHAPTER 62-708
FULL COST ACCOUNTING FOR SOLID WASTE MANAGEMENT
62-708.100 Intent (Repealed)
62-708,200 Definitions
62-708.300 Applicability (Repealed)
62-708.400 Determination of the Full Cost of Solid Waste Management
62-708.500 Public Disclosure of the Full Cost of Solid Waste Management (Repealed)
62-708.100 Intent.
Rulemaking Authority 403.051, 403.704, 403.7049 FS. Law Implemented 403.7049 FS. History —New 12-19-89, Forrnerly 17-
708.100, Repealed 2-16-12.
Iammi6 .. 62-708.200 Definitions.
) ri.Yrtee 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, and for purposes 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.
(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
Gd�tti r..
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.
(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.
Rulemaking 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.
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 216-12
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-fullcostand 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.
Rulemaking 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.
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
Miami, FL Code of Ordinances Page 1 of 84
Chapter 22 - GARBAGE AND OTHER SOLID WASTE[']
Footnotes:
(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
- etseq,; disposal of garbage, waste and refuse into marinas or yacht basins, 550.237, -
State Law reference— State sanitary code, F.5. § 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" shall mean any solid waste or liquid waste
which may present a threat of infection to humans. The term includes, but is not limited to,
nonliquid human tissue and body parts; laboratory and veterinary waste which contain human -
disease -causing agents; discarded disposable sharps; human blood, and human blood products
and body fluids; and other materials which in the opinion of the Department of Health and
Rehabilitative Services of the State of Florida represent a significant risk of infection to persons
outside the generating facility.
Biomedical waste co/lector, The words "biomedical waste collector" shall mean any private
solid waste contractor who collects, transports or disposes of biomedical waste.
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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.
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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 or more dwelling units therein shall be
classified as commercial establishments for purposes of this chapter.
Construction and demolition debris. The words "construction and demolition debris" shall
mean materials generally considered to be not water soluble and nonhazardous in nature,
including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum
wallboard, and lumber, from the construction or destruction of a structure as part of a
construction or demolition project, and including rocks, soils, tree remains, trees, and other
vegetative matter which normally results from land clearing or land development operations for a
construction project, including such debris from construction of structures at a site remote from
the construction or demolition project site. Mixing of construction and demolition debris with
other types of solid waste, including material from a construction or demolition site which is not
from the actual construction or destruction of a structure, will cause it to be classified as other
than construction and demolition debris. The term also includes:
(a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project;
(b) Except as provided in § 403.707(12)(j), Fla. Stat., unpainted, nontreated wood scraps from
facilities manufacturing materials used for construction of structures or their
components and unpainted; nontreated wood pallets provided the wood scraps and
pallets are separated from other solid waste where generated and the generator of such
wood scraps or pallets implements reasonable practices of the generating industry to
minimize the commingling of wood scraps or pallets with other solid waste; and
(c) De minimis amounts of other nonhazardous wastes that are generated at construction
or destruction projects, provided such amounts are consistent with best management
practices of the industry.
Construction and demolition debris co/lector. 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.
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Construction dumpsterorroll-off Approved open metal container without wheels, with
capacity up to 40 cubic yards, used at construction sites for the purpose of removing construction
and demolition debris, which includes rock, metal and other materials which are heavy in weight
or substantial in size, used in connection with a construction and/or demolition project.
Containerized waste. The words "containerized waste" shall mean and include refuse, not to
include garbage as defined herein, which is placed in cans, plastic bags, and/or bulk containers
not exceeding three feet in length or weighing more than 50 pounds.
Curbside. The area between the sidewalk and the street edge or, in areas without sidewalks,
the area between the edge of the traveled portion of any public or private street and the property
line.
Department. The word "department" shall mean the city department of solid waste.
Director. The word "director" shall mean the director of the department of solid waste.
Dumping. Dumping means to throw, discard, place, deposit or bury any litter and/or refuse
except where permitted.
Dumpster. An approved metal container on wheels with a tightfitting solid top and a
minimum capacity of one cubic yard or 202 gallons.
Enforcement officer. The words "enforcement officer" shall mean designated agents of the
city manager, acting by and through him/her, including but not limited to, sanitation inspectors,
code enforcement inspectors, police officers, NET Administrators and NET inspectors.
Fiscal year. The words"fiscal year" shall mean the 12-month period beginning October 1.
Franchisee. The word "franchisee" shall mean a private commercial solid waste/firm that is
granted a nonexclusive franchise by the city, to remove and dispose of solid waste from
commercial properties, which is required to pay a percentage of its gross monthly earnings to the
city pursuant to 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.
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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), and safety inspection 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 Feast 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-
off's, 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.
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Hazardous waste. The words "hazardous waste" shall mean solid waste, or a combination of
solid wastes, which because of its quantity, concentration, or physical, chemical or infectious
characteristics may cause, or significantly contribute to, an increase in mortality or an increase in
serious irreversible or incapacitating reversible illness or may pose a substantial present or
potential hazard to human health or the environment when improperly transported, disposed of,
stored, treated or otherwise managed.
Hazardous waste collector. The words "hazardous waste collector" shall mean any private
solid waste contractor who collects, transports or disposes of hazardous waste and shall be
subject to a registration fee as provided for in § 403.7046, Fla. Stat.
Health and safety concern. The term "health and safety concern", for purposes of this
chapter, shall mean any inefficient and improper method of managing solid waste collection
which creates a hazard to the public health, causes pollution of air and water resources,
constitutes a waste of natural resources, has an adverse effect on land values and creates public
nuisances.
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.
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Large residential trash, The term "large residential trash" shall mean yard and garden trash
weighing more than 50 pounds, bulky and noncombustible materials which cannot be
containerized and weigh over 50 pounds, and other non -hazardous, non -construction, non -
demolition, non -biomedical or non -industrial material too large to be bagged, bundled or
containerized and weighing over 50 pounds. Large trash shall be placed out along with bulky
waste for once per week collection.
Litter. The word "litter" shall mean any garbage, rubbish, can, bottle, box, container, tobacco
product, tire, appliance, mechanical equipment or part, building or construction material, tool,
machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or
equipment, trash, refuse and paper.
Local government registration fee, The term local government registration fee shall mean the
annual, October 1st through September 30th, charge assessed by the city to recovered materials
dealers commensurate with and no greater than the cost incurred to established and operate a
registration and reporting process limited to the regulations, reporting format and reporting
frequency pursuant to § 403.7046, Fla. Stat. with regard to recovered materials, their collection
and disposal of same from commercial properties within the city.
Minidump. The word "minidump" shall mean a disposal site, maintained by the department,
where householders of the city may deposit trash and small trash.
Modified recycling program, An operation approved by the department which provides for
the recycling of recyclable material by a method varying from the requirements of section 22-19
or section 22-20.
Mow. The word "mow" shall mean to cut down grass or similar growth with a mechanical
device such as lawn mower.
Multifamily residence. The term "multifamily residence" shall mean and include any building
or structure containing four or more contiguous living units and intended exclusively for
residential purposes.
NET. The term "NET" shall mean the Neighborhood Enhancement Team.
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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.
Organic waste. The term "organic waste" shall mean a type of waste material which can be
broken down into its base compounds by microorganisms and other living things, regardless of
the contents of the compounds, and can be commonly found in municipal solid waste as green
waste, food waste, paper waste, and biodegradable plastics.
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.
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Produce market, The term "produce market" shall mean the area in which produce vendors
congregate and sell their products bounded by NW 10th Avenue to the east, NW 22nd Avenue to
the west, NW 23rd Street to the north, and NW 20th Street to the south.
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, separated, or processed and reused or
returned to use in the form of raw materials or products.
State Law reference— F.S. Ch. 403, Environmental Control Part IV —Resource Recovery and
Management, as may be amended from time to time.
Refuse. The word "refuse" shall mean any garbage, garden trash, industrial waste,
noncombustible refuse, rubbish, waste, bulk waste, containerized waste and/or solid waste.
Residential unit. The term "residential unit" shall mean any structure used or constructed or
modified or adopted for use as a single-family dwelling, duplex, cluster housing, townhouse or
multiple -family apartment building or other similar structure containing three or fewer residential
units, and which is located on a single lot, parcel or tract of land. Each dwelling unit of a duplex,
cluster housing, townhouse, or multiple -family building or other similar structure shall be deemed
a separate residence.
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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 of individual portions from a menu. Boardinghouses may
also provide lodging for compensation. The proprietor of a roominghouse or boardinghouse may
receive or reject whom he wishes and usually makes special oral or written contracts with each of
his lodgers concerning compensation and length of stay.
Rubbish. The word "rubbish" shall mean refuse accumulation of paper, excelsior, rags or
wooden or paper boxes or containers, sweepings and all other accumulations of a nature other
than garbage, which are usual to housekeeping and to the operation of stores, offices and other
business places, and also any bottles, cans or other containers which, due to their ability to retain
water may serve as breeding places for mosquitoes or other water breeding insects; rubbish shall
not include noncombustible refuse, as defined above.
Safety inspection fee. The term "safety inspection fee" shall mean a regulatory fee pursuant
to F.S. § 166.221, imposed by the solid wastedirector upon a franchisee for inspection of
substandard, unsafe, or inoperable vehicles and/or equipment.
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,
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rock, large branches and bulky or noncombustible materials which can be containerized and not
weigh over 50 pounds, per can; and accumulations of tree branches, tree limbs, parts of trees,
bushes and shrubbery which are up to three inches in diameter and do not exceed four feet in
length, do not weigh over 50 pounds, are too large to be containerized, but require and can be
bundled and tied, and other non -hazardous, non -construction, non -demolition, non -biomedical
material small enough to be bagged, bundled, or containerized or does not exceed three feet in
length or weigh more than 50 pounds. Small trash shall be placed out along with garbage for
twice per week collection.
Solid waste. The words "solid waste" shall mean garbage, rubbish, refuse, or other discarded
material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic,
industrial, commercial, mining, agricultural or governmental operations.
Solid waste disposal and resource recovery facility. The words "solid waste disposal and
resource recovery facility" shall mean any solid waste disposal area, volume reduction plant,
transfer station or other facility, the purpose of which is resource recovery or the disposal,
recycling, processing, transfer or storage of solid waste.
Source separated. The term source separated shall mean the recovered materials are
separated from solid waste where the recovered materials and solid waste are generated. The
term does not require that various types of recovered materials be separated from each other
and recognizes de minimis solid waste, in accordance with industry standards and practices, may
be 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.
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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 handlershall 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 payed or unpaved area between the edge
of the sidewalk or property line and the edge of the street.
Temporaryro/%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.
Waste -to -energy facility. The term "waste -to -energy facility" shall mean a facility which uses
conversion technology such as thermal, biological or biochemical processes to breakdown raw
feedstock to produce a beneficial by-product and/or digestate. In general, the primary objective of
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the conversion technologies is to convert waste into useful energy products that can include
synthetic or synthesis gas (syngas), biogas, petroleum, commodity chemicals, or compost in order
to support waste diversion from landfills and to reduce carbon emissions.
(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; Ord. No. 13531, § 2, 7-9-15)
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 toiaccommodate 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: 1-4 Units - 2 CY @ 2 x per week; 5-8 Units- 3
CY @ 2 x per week or 2 CY @ 3 x per week; 9-12 Units - 4 CY @ 2 x per week; 13-16 Units - 4
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CY @ 3 x per week or 3 CY @ 5 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. Noncompliance with any
portion of this section shall be punishable in a manner set forth in sections 22-6 and 22-93.
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 is discontinuing waste
collection services for that commercial property. Duplicate copies of this notice shall be
simultaneously mailed by the franchisee 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.
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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 or injure the person collecting
the contents thereof are illegal. Such containers shall be promptly replaced 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 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)
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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; Ord, No, 13531, § 2, 7-9-15)
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.
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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 of this chapter.
(Ord. No. 12258, § 2, 7-25-02)
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 litter -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
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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)
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)
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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)
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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 vandalism by any person on the premises
at which minidumps are located constitutes a violation of this chapter.
(d) 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
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"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, firm or
corporation not holding a valid nonexclusive commercial solid waste franchise permit 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.
(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.
Proper handling shall mean the following:
(1) Garbage shall be drained of excess liquid and well -wrapped before being deposited in an
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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.
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It shall be unlawful for the owner, tenant, or occupant of any parcel of land to operate or
permit the operation of any business upon such parcel of land when and 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 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,
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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 Hens 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 to the
property included on the assessment roll as of the prior January 1, the lien date for ad
valorem taxes imposed under the tax roll.
(c) 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.
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(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
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
Units
Up To
2
12
50
999,999
Unit
Units
Units
Units
Units
Base Rate
Rate Per Unit
$0.00 $0.00
$102.00
$152.00
$152.00
$0.00
$0.00
$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
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CUO3
Retail
999,999
Sq. ft.
$254.00
$0.00
CUO4
Wholesale and storage
500
Sq. ft.
$76.00
$0.00
CUO4
Wholesale and storage
2,500
Sq. ft.
$102.00
$0.00
CUO4
Wholesale and storage
5,000
Sq. ft.
$127.00
$0.00
CUO4
Wholesale and storage
15,000
Sq. ft.
$152.00
$0.00
CUO4
Wholesale and storage
25,000
Sq. ft.
$203.00
$0.00
CUO4
Wholesale and storage
50,000
Sq. ft.
$229.00
$0.00
CUO4
Wholesale and storage
999,999
Sq. ft.
$254.00
$0.00
CUO5
Manufacturing
500
Sq. ft.
$76.00
$0.00
CUO5
Manufacturing
2,500
Sq. ft.
$102.00
$0.00
CUO5
Manufacturing
5,000
Sq. ft.
$127.00
$0.00
CUO5
Manufacturing
15,000
Sq. ft.
$152.00
$0.00
CUO5
Manufacturing
25,000
Sq. ft.
$203.00
$0.00
CUO5
Manufacturing
50,000
Sq. ft.
$229.00
$0.00
CUO5
Manufacturing
999,999
Sq. ft.
$254.00
$0.00
CUO6
Office buildings
500
Sq. ft.
$76.00
$0.00
CUO6
Office buildings
2,500
Sq. ft.
$102.00
$0.00
CUO6
Office buildings
5,000
Sq. ft.
$127.00
$0.00
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CUO6
Office buildings
1.5,000
Sq. ft.
$152.00
$0.00
CUO6
Office buildings
25,000
Sq. ft.
$203.00
$0.00
CUO6
Office buildings
50,000
Sq. ft.
$229.00
$0.00
CUO6
Office buildings
999,999
Sq. ft.
$254.00
$0.00
CUO7
Open Areas (Parking Tots,
garages, auto sales)
20,000
Sq. ft.
$102.00
$0.00
CUO7
Open Areas (Parking Tots,
garages, auto sales)
50,000
Sq. ft.
$127.00
$0.00
CUO7
Open Areas (Parking Tots,
garages, auto sales)
999,999
Sq, ft.
$254.00
$0.00
CUO8
Amusement parks, dog tracks,
frontons
300
Fixed
fee
$508.00
$0.00
CUO9
Arenas, dance halls, pool
halls, bowling lanes
20,000
Sq. ft.
$127.00
$0.00
CUO9
Arenas, dance halls, pool
halls, bowling lanes
50,000
Sq. ft.
$203.00
$0.00
CUO9
Arenas, dance halls, pool
halls, bowling lanes
999,999
Sq. ft.
$254.00
$0.00
CU10
Theaters
100
Seats
$152.00
$0.00
CU10
Theaters
500
Seats
$212.00
$0.00
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CU10
Theaters
999,999
Seats
$212.00
$5.00
CU11
Hospitals
100
Beds
$254.00
$0.00
CU11
Hospitals
999,999
Beds
$254.00
$3.00
CU12
Private schools
10,000
Sq. ft.
$144.00
$0.00
CU12
Private schools
50,000
Sq. ft.
$212.00
$0.00
CU12
Private schools
999,999
Sq. ft.
$254.00
$0.00
CU13
A.C.L.F. non-profit
85
Fixed
fee
$144.00
$0.00
CU14
A.C.L.F. profit
125
Fixed
fee
$212.00
$0.00
CU15
C.B.R.F. non-profit
85
Fixed
fee
$144.00
$0.00
CU16
C.B.R.F. profit
125
Fixed
fee
$212.00
$0.00
CU17
S.A.F. non-profit
85
Fixed
fee
$144.00
$0.00
CU18
S.A.F. profit
125
Fixed
fee
$212.00
$0.00
CU19
Day care centers and nursery
schools (non-profit)
85
Fixed
fee
$144.00
$0.00
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CU20
Day care centers and nursery
schools (profit)
125
Fixed
fee
$212.00
$0.00
CU22
Miscellaneous
500
Sq. ft.
$85.00
$0.00
CU22
Miscellaneous
2,500
Sq. ft.
$102.00
$0.00
CU22
Miscellaneous
5,000
Sq. ft.
$127.00
$0.00
CU22
Miscellaneous
15,000
Sq. ft.
$152.00
$0.00
CU22
Miscellaneous
25,000
Sq. ft.
$203.00
$0.00
CU22
Miscellaneous
50,000
Sq. ft.
$229.00
$0.00
CU22
Miscellaneous
999,999
Sq. ft.
$254.00
$0.00
CU23
Marinas
3
Boat slip
$0.00
$0.00
CU23
Marinas
12
Boat slip
$93.00
$0.00
CU23
Marinas
50
Boat slip
$203.00
$0.00
CU23
Marinas
999,999
Boat slip
$203.00
$5.00
CU24
Restaurants, lounges, bars
50
Seats
$135.00
$0.00
CU24
Restaurants, lounges, bars
100
Seats
$203.00
$0.00
CU24
Restaurants, lounges, bars
200
Seats
$254.00
$0.00
CU24
Restaurants, lounges, bars
999,999
Seats
$254.00
$3.00
CU25
Pawn shops
1,000
Sq. ft.
$135.00
$0.00
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CU25
Pawn shops
5,000
Sq. ft.
$203.00
$0.00
CU25
Pawn shops
999,999
Sq. ft.
$212.00
$0.00
CU26
Convenience stores
0
Fixed
fee
$127.00
$0.00
CU27
Dade County public schools
0
Fixed
fee
$127.00
$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.
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.
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(a) 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
1-4
5-8
9-12
13-16
17-32
33-48
Container
Capacity
2 CY
3 CY or
2 CY
4 CY
4CYor
3 CY
6 CY
8 CY
Minimum
Frequency
2 x week
2 x week
3 x week
2 x week
3 x week
5 x week
3 x week
3 x week
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Over 48
8 CY
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, 5-19-88; Ord. No. 10654, § 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; Ord. No. 13531, § 2, 7-9-15)
Sec. 22-15. - Educational trust fund established from recycling program for scholarships to children of
certain city employees; conditions for implementation.
The moneys received by the city from the recycling of newspapers and other salvageable
materials ("recycling program") shall be separately received, maintained and accounted for in an
independent fund account to be held in the same manner as a trust account by the city for an
educational fund hereby established upon the conditions as set forth in this section. The funds
received, pursuant to the city's recycling program, shall be the subject of a separate
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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,
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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 reasonable attorney'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,
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 Tess 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
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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 be easily accessible
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 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
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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 revocable by the
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director 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.
(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 multi -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)
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Sec. 22-20. - Recycling programs required for commercial property; joint and several liability.
(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).
(5) Aluminum (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.
(a)
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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 attributable to the applicant.
(Ord. No. 13194, § 2, 9-27-10)
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Secs. 22-22-22-45. - Reserved.
ARTICLE IL REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION
Page 40 of 84
Sec. 22-46. - Engaging in business of solid waste collection and disposal; issuance of franchise
agreement to private solid waste collectors.
(a) No person, firm or corporation shall remove or transport any solid waste material over the
streets or public rights -of -way of the city or its real property for hire or salvage without first
applying for and receiving a franchise from the department to carry on such a business. The
franchise required by this section shall be in addition to any local business tax receipt and
other license(s) which otherwise may be required by law, including F.S, § 403.4046. 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.
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(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; Ord. No. 13531, § 2, 7-9-15)
Editor's note— Ord. No. 12599, § 2, adopted October 14, 2004, changed the title of § 22-46 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:
Pena/ty. 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
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in the case ofa publicly held corporation having 25 or more shareholders, then only
the aforementioned information applicable to its local managing officers shall be
required.
b. Fingerprints. The fingerprints of the persons mentioned in this subsection, a full set
of which, for each of such persons shall accompany the application. Such service
shall be obtained from a public agency.
c. Business history. Whether such applicant has operated a solid waste collection
removal business in this or another state under a franchise, permit or license and if
so, where and whether such franchise, permit or license has ever been revoked or
suspended and the reasons therefore.
d, Existence of business entity. If the applicant is a corporation, applicant shall submit
proof of incorporation in good standing in the state of incorporation and, if a foreign
corporation, applicant shall provide information certifying that applicant is qualified
to do business in the state. If applicant is operating under a fictitious name, applicant
shall be required to submit information that such fictitious name is registered and
held by applicant.
(3) Equipment and method of operation. The applicant for a franchise shall possess
equipment capable of providing safe and efficient service. In making such a
determination and approving the method of operation for each applicant, the
department shall require the following information:
a. The type, number and complete description of all equipment to be used by the
applicant for providing service pursuant to this chapter.
b. A statement that applicant will use only city- and/or county -approved disposal sites
for disposing of all garbage, garden trash, industrial waste, and solid waste material
which -applicant collects and removes, except those sites which heretofore have been
approved by the State of Florida department of environmental protection.
c. The names of customers and the addresses of each location served by the company.
(4) Insurance requirements.
a. The applicant for a franchise shall maintain insurance as specified herein and shall
furnish a public liability policy to the department and also file with the department a
certificate of insurance for the policy written in the applicant's name. The certificate
shall provide that the policy contain an endorsement requiring that the department
shall be furnished with ten days' notice by registered mail prior to cancellation or
material changes in the policies. The applicant shall carry in the applicant's own
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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.
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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.
(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.
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Sec. 22-50. - Franchise fees.
(a) Commencing October 1 of every new fiscal year, each and every franchisee shall pay an
annual permit per account fee of $75.00, for each active account that was acquired or
maintained in the previous fiscal year for purposes of providing commercial solid waste
services or specialized waste handling services. For each account acquired or maintained
after October 1 of the current fiscal year, a one-time fee of $75.00 shall be due and payable
upon acquisition of the account.
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, 2015, each and every franchisee shall pay the city a $500.00 safety
inspection fee if a franchisee's vehicle(s) or equipment is believed to be defective, inoperable,
substandard, or potentially unsafe in the determination of the solid waste director. This fee is
for the municipal inspection of the vehicles and equipment being used by franchisee within
the city. 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 submit an annual registration form and pay a $100.00
registration fee per year beginning October 1st 2015 and each fiscal year thereafter.
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(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; Ord. No.
13531, § 2, 7-9-15)
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. - Recycling requirements for franchisees.
Each and every franchisee shall submit the following to the solid waste director at the
following intervals:
(1) Annually, an "annual recycling plan" that describes recycling activities and services
available to commercial and residential establishments in the city that are offered by the
franchisee.
(2) Annually, an "annual recycling report" that describes resources and money of the
franchisee utilized in connection with the recycling program, a list of recycling accounts,
and a list of accounts that do not avail themselves of the franchisee's recycling
opportunities and reasons for same.
(3) Quarterly, a report describing recycling and diversion goals and recycling/diversion
accomplishments.
(4) Annually, copies of literature provided to each customer in English, Spanish, and Creole
describing the franchisee's recycling programs and services available.
Any franchisee servicing an address that engages in the sale of produce located within the
produce market shall, no later than October 1, 2016, offer an organic waste recycling program.
Said program shall utilize composting and/or any other organic waste recycling program which
diverts organic waste from a disposal site to a city waste -to -energy facility.
All franchisees shall divert, at a minimum, a portion of organic waste collected to the city's
waste -to -energy facility, should said facility become available in the future. The minimum
required organic waste contribution to the city's waste -to -energy facility shall be set by the solid
waste director as a percentage of the franchisee's total solid waste tonnage each year, effective
October 1 of that year. Said percentage formula shall be uniform for all franchisees.
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(Ord. No. 13531, § 2, 7-9-15)
Editor's note- Ord. No. 13531, § 2, adopted July 9, 2015, amended section 22-51 in its entirety to
read as herein set out. Formerly, section 22-51 pertained to reimbursement for unused portion of
permit and license, and derived from Ord. No. 10128, § 1, adopted July 10, 1986; Ord, No. 10440, §
5, adopted May 19, 1988; the Code of 1980, § 22-18,6; Ord, No. 11703, § 14, adopted September
28, 1998; Ord, No. 11837, § 2, adopted September 28, 1999, and Ord. No. 12885, § 1, adopted
February 8, 2007.
Sec. 22-52. - Identification of equipment.
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, cubic yard
capacity, and a decal issued by the city. 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; Ord, No. 13531, §
2, 7-9-15)
Sec. 22-53. - Information required of franchisees.
(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 and the
addresses and folio numbers 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.
(7) A list of vehicles and equipment to be used in the city.
(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; Ord, No. 13531, § 2, 7-9-15)
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Sec. 22-54. - Change in required information.
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.
(a) 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
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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 solid waste 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
solid waste 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 imposed by the provisions 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
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 14 business days to cure the noncompliance stated in such notice.
(f)
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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; Ord. No. 13531, § 2, 7-9-15)
Editor's note- Ord. No. 13194, § 2, adopted September 27, 2010, changed the title of section 22-
5_6 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.
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(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 earlier cancellation 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. 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
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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.
(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
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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.
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
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, 10-27-94; Code 1980, § 22-23)
Sec. 22-87. - Schedule of waste collection and disposal fees; records to be kept.
(a) Any special collections which exceed the normal weekly trash collection will be charged
according to equipment and manpower usage.
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(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.
(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 lithe 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
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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 outstanding
balance for delinquent fees and related charges shall bear an interest charge of one 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 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
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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 department shall comply with the
requirements of this paragraph (2), subsection (b). Where the record title to improved
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 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.
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(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 hens, 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.
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A commercial establishment and a residential establishment under the same ownership
located in separate buildings on the same parcel of property in which the owner has a separate
collection point for residential and commercial solid waste shall have the option of having
separate collection points, in which case the refuse for the residential portion may be billed as a
residential account. The 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.
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,
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(3)
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 of the roll-off/container and immediately
retrieve the roll-off/container from the department upon the posting with the
department a cash bond in the amount of $500.00, plus costs incurred by the
department.
h. Notice of the right to waive the preliminary hearing and immediately retrieve the roll-
off/container from the department upon the payment of a $500.00 administrative
penalty, plus costs incurred by the department.
i. Notice that the failure to request a preliminary hearing within ten 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.
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
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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 high school diploma or its equivalent.
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Satisfactory completion of a course of at least 40 hours' duration pertaining to the
duties of sanitation inspectors, which course shall be jointly given by the directors of
the city police department, department of general services administration,
department of public works, law department and other relevant departments.
c. Approval and certification by the city police chief as persons of good moral character
and standing in the community suited by temperament and learning to be sanitation
inspectors of the city.
(3) Sanitation inspectors shall, while on duty:
a. Issue notices of noncompliance and perform such other acts pursuant to section
22-5(b) for enforcement of this chapter.
b. Perform such additional duties as may be prescribed by ordinance or by
administrative orders, regulations and directives as may be issued by the city
manager.
(4) Sanitation inspectors shall be identified either by special uniform or badge or both.
Sanitation inspectors shall not carry firearms.
(c) Obstructing sanitation inspector in the performance of duties.
(1) Whoever opposes, obstructs, or resists the sanitation inspector or other person
authorized, by the sanitation inspector, in the discharge of his or her duty, as provided in
this section, shall be guilty of a violation of this chapter, and, upon conviction thereof,
shall be punished as provided in section 1-13.
(2) Sanitation inspectors shall notify the city police department immediately when in their
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
Section
(Subsection)
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1st offense:
$262.50
22-46(b)
and 22-47
(6)
2nd offense:
3rd offense:
Each additional offense:
The placement of containers,
garbage, trash, bulky and/or
industrial waste on public rights -
of -way
Dumpster(s) not kept in approved
garbage facility
Failure of commercial property to
have in effect an agreement with
a waste hauler for the collection
and removal of solid
waste/garbage from the premises
525.00
1,050.00
1,050.00
79.00
158.00
262.50
22-46(b)
and 22-47
(6)
22-46(b)
and 22-47
(6)
22-46(b)
and 22-47
(6)
22-2(e)
22-2(f)
22-2(b)
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Failure to inform NET service
center of intent to discontinue
service
Failure to screen container 52.50
Failure to remove raw or
processed organic waste matter
from food service establishment
Failure to maintain property,
sidewalk, alley, and/or public
right-of-way
Commercial container violation
Insufficient number of approved
garbage receptacles
Failure to properly mark
container
Uncontainerized garbage or
miscellaneous trash in receptacle
area
Unauthorized disposal of garbage
or trash or other waste materials
consisting of industrial and bulky
waste or other waste material
22-2(c)
22-2(b)
22-5,
22-9
22-2(f)
22-2(f)
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Disposal of trash or other waste
materials placed in right-of-way
at other than authorized time
79.00
22-18(b)
Illegal dumping by a person
Illegal dumping
Littering
Illegal dumping from any
commercial vehicle
Illegal dumping of waste tires
Garbage deposited at minidump
site
Use of minidump site by
commercial establishment
Impeding, salvaging and
vandalism of bulky waste
minidump site
Trash not containerized or
bundled
Unauthorized bulky waste on
right-of-way
Garbage not containerized
525.00
525.00
525.00
1,050.00
1,050.00
157.50
525.00
262.50
79.00
79.00
79.00
22-11
22-6(j)
22-6(1)
22-11
22-11
22-18(f)(2)
22-18(f)(1)
22-18(f)(3)
22-5
22-18(b)
22-8(1)
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Litter on premises
52.50
22-9
Sunken containers
Operating a vehicle without a
valid registration
Failure to properly identify
equipment
All other violations
Failure of franchisee to remove
container(s) from discontinued
accounts
City provision of service to
discontinued commercial/multi-
family property
Failure of property owner to have
contract with city franchised
hauler
Engaging in commercial solid
waste collection without city
franchise
Failure to use city issued
container or to set -out properly
105,00
262.50
105.00
79.00
79.00
262.50
262.50
500.00
79.00
22-2(c)(4)
22-50
22-52
ch. 22
22(b)
22(b)
22-2(b)
22-6(e) and
22-46
22-2
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(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)
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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.
(3) The formal rules of evidence shall not apply at the hearing and hearsay and
circumstantial evidence is admissible.
(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
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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[2]
Footnotes:
--- (2) ---
Editor's note -Ord No, 13044, §2, adopted December 11, 2008, amended article IV, .g.§' 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, §.422-36, 22-37; Ord. No. 10128, 5 1,
adoptedJuly 10, 1986;Ord. No, 11746, § 1, adoptedjanuaty 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)
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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 property owners 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) 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
(3) Written consent by the owner allowing the city police department to enforce the
trespassing penalties described in F.S. § 810.08.
(b) This registration must be done upon any transfer of the property and every October 1st
thereafter.
(c)
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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.
(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)
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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, may use one or
all of the same as may be deemed necessary. The notice shall include an opportunity for a
hearing as provided in section 22-93.
(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
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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.)
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
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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. 22-110. -• Exemptions.
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.
ARTICLE V. REMOVAL OF ABANDONED PROPERTY[3]
Footnotes:
i3) ---
State Law reference -Junked, abandoned property on public property, F.S. § 705.107 et seq.
Sec. 22-146. - Removal from private property.
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(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, Kate 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 Tess than eight inches by ten inches and shall be sufficiently
weatherproof to withstand normal exposure to the elements fora 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
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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. 2.2-147, - Owner responsible for costs of removing abandoned property.
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)
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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.
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
Sec. 22-161. - Donation bins prohibited.
(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.
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
(b)
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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 Tess 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 ofcity 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,
ARTICLE VII. - COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE
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Sec. 22-170. - Established.
There is hereby created and established the "commercial solid waste management advisory
committee" which shall be hereinafter be referred to as the "committee".
Sec. 22-171. - Purpose, powers and duties; prohibitions.
(a) Purpose; powers and duties, The purpose, powers and duties of the committee include but
are not limited to:
(1) Providing advice and recommendations to the city commission concerning solid waste
management within the city, in conjunction and cooperation with the department of
solid waste;
(2) Providing advice and recommendations regarding the levy of fines or warnings (as
established by the commission or the department of solid waste), and suspension and
revocation of nonexclusive franchises for failure of a hauler of commercial solid waste
("hauler") to comply with city ordinances and regulations related to solid waste
management;
(3) Offering recommendations related to the establishment of suggested guidelines
consistent with or more stringent than those currently established by the commission or
department of solid waste relating to the business of commercial solid waste
management;
(4) Performing any other duties as may be specifically requested by the commission or city
manager as relates to the department of solid waste;
(5) Adopting bylaws and resolutions consistent with the powers delegated to the committee
by the commission;
(6) Negotiating directly with haulers applying for or renewing valid nonexclusive franchises,
with the assistance and input of the city manager, when requested by the city manager;
(7) Providing for voluntary in -kind contributions of commercial solid waste management
services, as determined by a formula established by the committee based upon each
participating hauler's proportionate volume of the business within the city, for city special
events, such as the Coconut Grove Arts Festival, the Calle Ocho Parade, the Orange Bowl
Parade, the Three Kings Parade, and those events where the costs for waste removal is
waived by the commission as well as any other special event identified by the committee
in conjunction with the department of solid waste and the commission;
(8)
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Providing quarterly written reports to the commission and the department of solid waste
setting forth a review of the status of commercial solid waste management in the city;
and
(9) Providing a detailed report of all recommended actions taken by the committee against
haulers within the city including warnings, citations, fines, permit suspension and
revocations; and suggestions for improvement of the provision of both residential and
commercial solid waste management services within the city, including financial
projections setting forth specific savings to the city that such improvements would be
expected to provide.
(b) Prohibitions. The committee members are prohibited from discussing issues related to
pricing which would be in violation of any local, state or federal law.
(Ord. No. 11849, § 3, 10-26-99)
Sec. 22-172. - Membership; terms of office; vacancies; officers; rules of procedure; meetings; quorum;
attendance requirements.
(a) Membership. The committee shall consist of no less than nine regular members who shall be
exempt from the provisions set forth in section 2-284 and be composed as follows:
(1) One member appointed at -large by the members of the city commission.
(2) One representative from the city manager's office appointed by the city manager.
(3) Two representatives selected by the director of the department of solid waste.
(4) One representative of each hauler handling a volume of 25 percent or more of the total
commercial solid waste management business within the city.
(5) Two representatives collectively selected by all haulers handling a total volume of less
than 25 percent of the commercial solid waste management business within the city.
(6) Two non -voting ex officio members as set forth herein to be selected as set forth in the
bylaws adopted by a majority vote of the voting members of the committee:
(i) One individual representing the city's business community; and
(ii) One individual representing the city's residential homeowners.
(b) Terms of office; vacancies. The provisions set forth in section 2-885 of this Code as they
relate to terms of office and the filling of vacancies shall apply to all regular members of the
committee.
(c)
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Officers, The committee shall select one of its regular members as chairperson. No
chairperson shall serve more than two years in office. A vice -chairperson may also be
designated by the committee from among its members to serve as chairperson at any
meeting if the chairperson is absent from such meeting.
(d) Rules of procedure; parliamentary authority, The committee may adopt its own order of
business and rules of parliamentary procedure governing its meetings, and actions on
matters within its jurisdiction, not inconsistent with the provisions set forth herein, which
rules of procedure shall be filed with the city clerk.
(e) Meetings; quorum. The committee shall hold regular quarterly meetings and may hold such
other meetings as it deems necessary. All meetings of said committee shall be open to the
public. The provisions set forth in section 2-887 of this Code as they relate to quorum
requirements shall apply to members of the committee.
(f) Attendance requirements. The provisions set forth in section 2-886 of this Code as they relate
to attendance requirements shall apply to members of the committee.
(Ord. No. 11849, § 3, 10-26-99)
Sec. 22-173. - Assignment of staff.
It shall be the duty of the city manager to provide administrative support to the committee
which shall include the services of an individual to handle procedural activities for all public
hearings required to be held by the committee, maintain minutes of meetings, maintain
correspondence, post meeting notices, file reports and perform all other necessary support
functions.
(Ord. No. 11849, § 3, 10-26-99)
Sec. 22-174. Notices, filing of official records; annual reports; minutes.
All notices, record keeping, and submittal of the annual report as they relate to this
committee shall be provided pursuant to the provisions set forth in sections 2-888, 2-889 and
2-890 of this Code.
Copies of minutes of all committee meetings shall be furnished to the mayor, commissioners
and the city manager.
(Ord. No. 11849, § 3, 10-26-99)
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Secs. 22-175-22-179. - Reserved.
ARTICLE VIII. HANDBILLS
Sec. 22-180. - Definitions.
Benefactormeans the owner of the business advertised in the commercial handbill whose
agent, employee, contractor, promoter, or other representative did or caused the throwing,
discarding, placing or depositing.
Business means any commercial or industrial activity, entity, or event in or for which any
goods or services are made, sold or offered for sale or other consideration, pecuniary or
otherwise.
Commercial handbill means any handbill that conveys any information about any good or
service provided by a business.
Handbi//means any flyer, paper, document, dodger, circular, folder, booklet, letter, card,
pamphlet, sheet, poster, sticker, banner, notice or other written, printed or painted matter or
object that conveys any information, except that "handbill" shall not include a newspaper or its
contents.
Littermeans any paper, handbill, garbage, or other waste that has been placed or deposited
and left on a public sidewalk, street, road, avenue, beach, swale, median, building, fence, wall,
boardwalk, park, or any other public area, or on any object located on public property, or on the
kneewall, window ledge or sill of any public or private building, or on a motor vehicle or private
property. Handbills attached to a trash receptacle, but not within the trash receptacle in the usual
manner, shall also be considered litter.
One daymeans a 24-hour period from noon to noon.
Person, benefactor, or ownerinclude, within their respective meanings, either an individual
or an entity.
(Ord. No. 12972, § 2, 2-14-08)
Sec, 22-181. - Throwing or discarding handbills prohibited.
(a)
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It shall be unlawful for any person, business or benefactor to throw, discard, place or deposit,
scatter, cast or cause to be thrown, discarded, placed, or deposited, scattered or cast
handbills or commercial handbills in any manner or amount whatsoever in or on any public
highway, sidewalk, road, street, alley, thoroughfare or any other public place, except in
containers or areas lawfully provided therefore.
(b) It shall be unlawful for any person, business or benefactor to throw, discard, place or
" deposit, scatter, cast or cause to be thrown, discarded, placed, or deposited, scattered or cast
handbills or commercial handbills in any manner or amount whatsoever on any private
property, unless prior consent of the owner has been given and the owner is willing to receive
the handbill and unless such handbills or commercial handbills will not cause a public
nuisance or be in violation of any other state or local laws, rules or regulations. Nothing
herein shall relieve the property owner's responsibility of maintaining the property in a safe
and clean condition.
(Ord. No. 12972, § 2, 2-14-08)
Sec. 22-182. - Distribution of commercial handbills during certain events prohibited; penalty;
enforcement.
(a) It shall be unlawful for any person, firm, corporation or other legal entity to post, display or
distribute any commercial circulars, handbills, printed or written matter relating to any
business or commercial activities at any event with an attendance of 15,000 or more persons,
on any property or facilities owned or operated by or for the city, or within a 1,000-foot radius
in or around the property, facility or venue, without first obtaining a written permit issued or
authorized by the neighborhood enhancement team (NET); provided that the provisions of
this section shall not be applicable to licensees, concessionaires, lessees or agencies of the
city.
(b) Each person who distributes permitted commercial circulars, handbills, printed or written
matter relating to any business or commercial activities must:
(1) Provide the name and date of birth of the person seeking such permit, the name of the
business represented, the business address, the business telephone number, a valid
business tax receipt or similar licensure from another jurisdiction and a non-refundable
fee of $150.00;
(2) Provide a copy of the printed material intended for distribution; and
(3) Provide for the proper removal of any of the above -described materials discarded and
left as litter in the surrounding event area.
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(c) Any person, firm, corporation or other legal entity violating any provisions of this section
shall, upon conviction thereof, be punished by a fine not to exceed $500.00, or by
imprisonment in the county jail for a period not to exceed 60 days, or by both such fine and
imprisonment, in the discretion of the county court.
(d) It shall be the duty of the city police to enforce the provisions of this section against any
person, firm, corporation or other legal entity found violating the same within the city,
(Ord. No. 13503, § 2, 3-12-15)
Sec. 22-183. - Enforcement by code inspectors/enforcement officers; civil infraction notice.
(a) Enforcement of this section may be enforced by either a code enforcement inspector or
sanitation enforcement officer as follows:
(1) If a code inspector as defined in section 2-813 finds a violation of this article, such code
inspector shall issue a civil infraction notice to the violator pursuant to the provisions in
sections 2-823 through 2-830.
(2) If an enforcement officer as defined in section 22-1 finds a violation of this article, such
code inspector shall issue a civil infraction notice to the violator pursuant to the
provisions in section 22-93.
(b) At any prosecution for violation of this section when the litter involved is a commercial
handbill, if ten or more commercial handbills advertising the same business or benefactor
are found in plain view as litter under circumstances that make it more likely than not that
the commercial handbills were placed there, or caused to be placed there, by an agent,
employee, contractor, promoter, or other representative of the business or benefactor
advertised on the face of the handbills, the special master shall apply a rebuttable
presumption that the business or benefactor advertised on the face of the handbills threw,
discarded, placed or deposited the commercial handbills as litter.
(c) If a person is found littering with commercial handbills, the code inspector is authorized to
seize, for use as evidence in the prosecution of the person, business or benefactor before the
special master, all commercial handbills in the possession of the person.
(d) The city may cause the removal, at the violator's expense, of all litter distributed or placed in
violation of this section,
(Ord. No. 12972, § 2, 2-14-08; Ord. No. 13503, § 2, 3-12-15)
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Miami, FL Code of Ordinances Page 84 of 84
Editor's note— Ord. No. 13503, § 2, adopted March 12, 2015, redesignated the former sections
22-182-22-184 as sections 22-183-22-185. The historical notation of the former sections has
been preserved for reference purposes,
Sec. 22-184, - Fines.
The following civil fines shall be imposed for violations of this section:
(1) If the offense is the first offense, $100.00 fine plus $50,00 per handbill or commercial
handbill;
(2) If the offense is the second offense within the preceding 12 months, $250.00 fine plus
$50,00 per handbill or commercial handbill;
(3) If the offense is the third or subsequent offense within the preceding 12 months,
$500.00 fine plus $50.00 per handbill or commercial handbill;
(4) Notwithstanding subsections (1)—(3), no person, business or benefactor shall receive
more than one offense within any one -day period, however, the $50.00 per handbill or
commercial handbill fine shall apply to all littered handbills or commercial handbills
found during that one -day period.
(Ord. No. 12972, § 2, 2-14-08; Ord. No. 13503, § 2, 3-12-15)
Note— See editor's note at section 22-183.
Sec. 22-185. - Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure.
(a) The city may institute proceedings in a court of competent jurisdiction to compel payment of
civil fines,
(b) A certified copy of an order imposing a civil fine may be recorded in the public records and
thereafter shall constitute a lien upon any other real or personal property owned by the
violator and it may be enforced in the same manner as a court judgment by the sheriffs of
this state, including levy against the personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the filing of any such lien
which remains unpaid, the city may foreclose or otherwise execute upon the lien.
(Ord. No. 12972, § 2, 2-14-08; Ord. No. 13503, § 2, 3-12-1.5)
Note— See editor's note at section 22-183.
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The 2016 Florida Statutes
Title XII Chapter 166
MUNICIPALITIES MUNICIPALITIES
View Entire Chapter
166.021 Powers.—
(1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities
shall have the governmental, corporate, and proprietary powers to enable
them to conduct municipal government, perform municipal functions, and
render municipal services, and may exercise any power for municipal purposes,
except when expressly prohibited by law.
(2) "Municipal purpose" means any activity or power which may be
exercised by the state or its political subdivisions.
(3) The Legislature recognizes that pursuant to the grant of power set forth
in s. 2(b), Art. VIII of the State Constitution, the legislative body of each
municipality has the power to enact legislation concerning any subject matter
upon which the state Legislature may act, except:
(a) The subjects of annexation, merger, and exercise of extraterritorial
power, which require general or special law pursuant to s. 2(c), Art. VIM of the
State Constitution;
(b) Any subject expressly prohibited by the constitution;
(c) Any subject expressly preempted to state or county government by the
constitution or by general law; and
(d) Any subject preempted to a county pursuant to a county charter
adopted under the authority of ss. 1(g), 3, and 6(e), Art. VIII of the State
Constitution.
(4) The provisions of this section shall be so construed as to secure for
municipalities the broad exercise of home rule powers granted by the
constitution. It is the further intent of the Legislature to extend to
municipalities the exercise of powers for municipal governmental, corporate,
or proprietary purposes not expressly prohibited by the constitution, general or
special law, or county charter and to remove any limitations, judicially
imposed or otherwise, on the exercise of home rule powers other than those so
expressly prohibited. However, nothing in this act shall be construed to permit
any changes in a special law or municipal charter which affect the exercise of
extraterritorial powers or which affect an area which includes lands within and
without a municipality or any changes in a special law or municipal charter
which affect the creation or existence of a municipality, the terms of elected
officers and the manner of their election except for the selection of election
dates and qualifying periods for candidates and for changes in termsofoffice
necessitated by such changes in election dates, the distribution of powers
among elected officers, matters prescribed by the charter relating to
appointive boards, any change in the form of government, or any rights of
municipal employees, without approval by referendum of the electors as
provided in s. 166.031. Any other limitation of power upon any municipality
contained in any municipal charter enacted or adopted prior to July 1, 1973, is
hereby nullified and repealed.
(5) All existing special acts pertaining exclusively to the power or
jurisdiction of a particular municipality except as otherwise provided in
subsection (4) shall become an ordinance of that municipality on the effective
date of this act, subject to modification or repeal as other ordinances.
(6) The governing body of a municipality may require that any person within
the municipality demonstrate the existence of some arrangement or contract
by which such person will dispose of solid waste in a manner consistent with
the ordinances of the county or municipality or state or federal law. For any
person who will produce special wastes or biomedical waste, as the same may
be defined by state or federal law or county or city ordinance, the municipality
may require satisfactory proof of a contract or similar arrangement by which
special or biomedical wastes will be collected by a qualified and duly licensed
collector and disposed of in accordance with the laws of Florida or the Federal
Government.
(7) Entities that are funded wholly or in part by the municipality, at the
discretion of the municipality, may be required by the municipality to conduct
a performance audit paid for by the municipality. An entity shall not be
considered as funded by the municipality by virtue of the fact that such entity
utilizes the municipality to collect taxes, assessments, fees, or other revenue.
If an independent special district receives municipal funds pursuant to a
contract or interlocal agreement for the purposes of funding, in whole or in
part, a discrete program of the district, only that program may be required by
the municipality to undergo a performance audit.
(8)(a) The Legislature finds and declares that this state faces increasing
competition from other states and other countries for the location and
retention of private enterprises within its borders. Furthermore, the
Legislature finds that there is a need to enhance and expand economic activity
in the municipalities of this state by attracting and retaining manufacturing
development, business enterprise management, and other activities conducive
to economic promotion, in order to provide a stronger, more balanced, and
stable economy in the state, to enhance and preserve purchasing power and
employment opportunities for the residents of this state, and to improve the
welfare and competitive position of the state. The Legislature declares that it
is necessary and in the public interest to facilitate the growth and creation of
business enterprises in the municipalities of the state.
(b) The governing body of a municipality may expend public funds to attract
and retain business enterprises, and the use of public funds toward the
achievement of such economic development goals constitutes a public purpose.
The provisions of this chapter which confer powers and duties on the governing
body of a municipality, including any powers not specifically prohibited by law
which can be exercised by the governing body of a municipality, shall be
liberally construed in order to effectively carry out the purposes of this
subsection.
(c) For the purposes of this subsection, it constitutes a public purpose to
expend public funds for economic development activities, including, but not
limited to, developing or improving local infrastructure, issuing bonds to
finance or refinance the cost of capital projects for industrial or manufacturing
plants, leasing or conveying real property, and making grants to private
enterprises for the expansion of businesses existing in the community or the
attraction of new businesses to the community.
(d) A contract between the governing body of a municipality or other entity
engaged in economic development activities on behalf of the municipality and
an economic development agency must require the agency or entity receiving
municipal funds to submit a report to the governing body of the municipality
detailing how the municipal funds are spent and detailing the results of the
economic development agency's or entity's efforts on behalf of the
municipality. By January 15, 2011, and annually thereafter, the municipality
shall file a copy of the report with the Office of Economic and Demographic
Research and post a copy of the report on the municipality's website.
(e)1. By January 15, 2011, and annually thereafter, each municipality
having annual revenues or expenditures greater than $250,000 shall report to
the Office of Economic and Demographic Research the economic development
incentives in excess of $25,000 given to any business during the municipality's
previous fiscal year. The Office of Economic and Demographic Research shall
compile the information from the municipalities into areport and provide the
report to the President of the Senate, the Speaker of the House of
Representatives, and the Department of Economic Opportunity. Economic
development incentives include:
a. Direct financial incentives of monetary assistance provided to a business
from the municipality or through an organization authorized by the
municipality. Such incentives include, but are not limited to, grants, loans,
equity investments, loan insurance and guarantees, and training subsidies.
b. Indirect incentives in the form of grants and loans provided to businesses
and community organizations that provide support to businesses or promote
business investment or development.
c. Fee -based or tax -based incentives, including, but not limited to, credits,
refunds, exemptions, and property tax abatement or assessment reductions.
d. Below -market rate leases or deeds for real property.
2. A municipality shall report its economic development incentives in the
format specified by the Office of Economic and Demographic Research.
3. The Office of Economic and Demographic Research shall compile the
economic development incentives provided by each municipality in a manner
that shows the total of each class of economic development incentives
provided by each municipality and all municipalities.
(f) This subsection does not limit the home rule powers granted by the
State Constitution to municipalities.
(9)(a) As used in this subsection, the term:
1. "Authorized person" means a person:
a. Other than an officer or employee, as defined in this paragraph, whether
elected or commissioned or not, who is authorized by a municipality or agency
thereof to incur travel expenses in the performance of official duties;
b. Who is called upon by a municipality or agency thereof to contribute
time and services as consultant or advisor; or
c. Who is a candidate for an executive or professional position with a
municipality or agency thereof.
2. "Employee" means an individual, whether commissioned or not, other
than an officer or authorized person as defined in this paragraph, who is filling
a regular or full-time authorized position and is responsible to a municipality or
agency thereof.
3. "Officer" means an individual who, in the performance of his or her
official duties, is vested by law with sovereign powers of government and who
is either elected by the people, or commissioned by the Governor and who has
jurisdiction extending throughout the municipality, or any person lawfully
serving instead of either of the foregoing two classes of individuals as initial
designee or successor.
4. "Traveler" means an officer, employee, or authorized person, when
performing travel authorized by a municipality or agency thereof.
(b) Notwithstanding s. 112,061, the governing body of a municipality or an
agency thereof may provide for a per diem and travel expense policy for its
travelers which varies from the provisions of s. 112.061. Any such policy
provided by a municipality or an agency thereof on January 1, 2003, shall be
valid and in effect for that municipality or agency thereof until otherwise
amended. A municipality or agency thereof that provides any per diem and
travel expense policy pursuant to this subsection shall be deemed to be exempt
from all provisions of se 112.061. A municipality or agency thereof that does
not provide a per diem and travel expense policy pursuant to this subsection
remains subject to all provisions of s. 112.061.
(c) Travel claims submitted by a traveler in a municipality or agency
thereof which is exempted from the provisions of s. 112.061, pursuant to
paragraph (b), shall not be required to be sworn to before a notary public or
other officer authorized to administer oaths, but any claim authorized or
required to be made under any per diem and travel expense policy of a
municipality or agency thereof must contain a statement that the expenses
were actually incurred by the traveler as necessary travel expenses in the
performance of official duties and shall be verified by a written declaration
that it is true and correct as to every material matter; and any person who
willfully makes and subscribes any such claim that he or she does not believe to
be true and correct as to every material matter, or who willfully aids or assists
in, or procures, counsels, or advises the preparation or presentation of such a
claim that is fraudulent or is false as to any material matter, whether or not
such falsity or fraud is with the knowledge or consent of the person authorized
or required to present such claim, commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083. Whoever receives
an allowance or reimbursement by means of a false claim is civilly liable in the
amount of the overpayment for the reimbursement of the public fund from
which the claim was paid.
History.—s. 1, ch. 73-129; s. 1, ch. 77.174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-
207; s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37; s. 1, ch. 2003-125; s. 2, ch. 2010-147;
s. 22, ch. 2011-34; s. 60, ch. 2011-142; s. 3, ch. 2011-143.
166.041 Procedures for adoption of ordinances and resolutions.--
(1) As used in this section, the following words and terms shall have the following meanings unless
some other meaning is plainly indicated:
(a) "Ordinance" means an official legislative action of a governing body, which action is a regulation
of a general and permanent nature and enforceable as a local law.
(b) "Resolution" means an expression of a governing body concerning matters of administration, an
expression of a temporary character, or a provision for the disposition of a particular item of the
administrative business of the governing body.
(2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and
matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance
shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out
in full the revised or amended act or section or subsection or paragraph of a section or subsection.
(3)(a) Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at
least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of
general circulation in the municipality. The notice of proposed enactment shall state the date, time,
and place of the meeting; the title or titles of proposed ordinances; and the place or places within the
municipality where such proposed ordinances may be inspected by the public. The notice shall also
advise that interested parties may appear at the meeting and be heard with respect to the proposed
ordinance.
(b) The governing body of a municipality may, by a two-thirds vote, enact an emergency ordinance
without complying with the requirements of paragraph (a) of this subsection. However, no emergency
ordinance or resolution shall be enacted which establishes or amends the actual zoning map
designation of a parcel or parcels of land or that changes the actual list of permitted, conditional, or
prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted
pursuant to part II of chapter 163 shall be pursuant to that part.
(c) Ordinances initiated by other than the municipality that change the actual zoning map designation
of a parcel or parcels of land shall be enacted pursuant to paragraph (a). Ordinances that change the
actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances
initiated by the municipality that change the actual zoning map designation of a parcel or parcels of
land shall be enacted pursuant to the following procedure:
1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or
parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the
governing body to notify by mail each real property owner whose land the municipality will redesignate
by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax
records. The notice shall state the substance of the proposed ordinance as it affects that property
owner and shall set a time and place for one or more public hearings on such ordinance. Such notice
shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice
shall be kept available for public inspection during the regular business hours of the office of the clerk
of the governing body. The governing body shall hold a public hearing on the proposed ordinance and
may, upon the conclusion of the hearing, immediately adopt the ordinance.
2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or
prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or
parcels of land involving 10 contiguous acres or more, the governing body shall provide for public
notice and hearings as follows:
a. The local governing body shall hold two advertised public hearings on the proposed ordinance. At
least one hearing shall be held after 5 p.m. on a weekday, unless the local governing body, by a
majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing
shall be held at least 7 days after the day that the first advertisement is published. The second hearing
shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the
public hearing.
b. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard
size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller
than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal
notices and classified advertisements appear. The advertisement shall be placed in a newspaper of
general paid circulation in the municipality and of general interest and readership in the municipality,
not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever
possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the
only newspaper in the municipality is published less than 5 days a week. The advertisement shall be in
substantially the following form:
NOTICE OF (TYPE OF) CHANGE
The (name of local governmental unit) proposes to adopt the following ordinance: (title of the
ordinance) .
A public hearing on the ordinance will be held on (date and time) at (meeting place) .
Except for amendments which change the actual list of permitted, conditional, or prohibited uses
within a zoning category, the advertisement shall contain a geographic location map which clearly
indicates the area covered by the proposed ordinance. The map shall include major street names as a
means of identification of the general area. In addition to being published in the newspaper, the map
must be part of the online notice required pursuant to s. 50.0211.
c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice
to each person owning real property within the area covered by the ordinance. Such notice shall clearly
explain the proposed ordinance and shall notify the person of the time, place, and location of any
public hearing on the proposed ordinance.
(4) Amajority of the members of the governing body shall constitute a quorum. An affirmative vote of
a majority of a quorum present is necessary to enact any ordinance or adopt any resolution; except
that two-thirds of the membership of the board is required to enact an emergency ordinance. On final
passage, the vote of each member of the governing body voting shall be entered on the official record
of the meeting. All ordinances or resolutions passed by the governing body shall become effective 10
days after passage or as otherwise provided therein.
(5) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that
purpose and shall be signed by the presiding officer and the clerk of the governing body.
(6) The procedure as set forth herein shall constitute a uniform method for the adoption and
enactment of municipal ordinances and resolutions and shalt be taken as cumulative to other methods
now provided by law for adoption and enactment of municipal ordinances and resolutions. By future
ordinance or charter amendment, a municipality may specify additional requirements for the adoption
or enactment of ordinances or resolutions or prescribe procedures in greater detail than contained
herein. However, a municipality shall not have the power or authority to lessen or reduce the
requirements of this section or other requirements as provided by general law.
(7) Five years after the adoption of any ordinance or resolution adopted after the effective date of
this act, no cause of action shall be commenced as to the validity of an ordinance or resolution based
on the failure to strictly adhere to the provisions contained in this section. After 5 years, substantial
compliance with the provisions contained in this section shall be a defense to an action to invalidate an
ordinance or resolution for failure to comply with the provisions contained in this section. Without
limitation, the common law doctrines of [aches and waiver are valid defenses to any action challenging
the validity of an ordinance or resolution based on failure to strictly adhere to the provisions contained
in this section. Standing to initiate a challenge to the adoption of an ordinance or resolution based on a
failure to strictly adhere to the provisions contained in this section shall be limited to a person who
was entitled to actual or constructive notice at the time the ordinance or resolution was adopted.
Nothing herein shall be construed to affect the standing requirements under part II of chapter 163.
(8) The notice procedures required by this section are established as minimum notice procedures.
History.—s. 1, ch. 73-129; s. 2, ch. 76-155; s. 2, ch. 77-331; s. 1, ch. 83-240; s. 1, ch. 83-301; s. 2, ch.
95-198; s. 5, ch. 95-310; s. 5, ch. 2012-212.