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Home My WebLink AboutPre-LegislationJ-99-498 6/14/99 ORDINANCE NO., AN EMERGENCY ORDINANCE OF TRE. MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OP THE CITY OF MIAMI, FLORIDA, ,AS AMENDED, ENTITLED "GARBAGE 'AND OTHER SOLID WASTE," RELATING TO THE PROVISION OF. SOLID WASTE SERVICES, FACILITIES, AND PROGRAMS IN THE 'CITY OF MIAMI, FLORIDA; PROVIDING THAT SOLID WASTE ASSESSMENTS CONSTITUTE A LIEN ' ON ASSESSED PROPERTY EQUAL IN RANK AND DIGNITY WITH THE. LIENS OF ALL STATE, COUNTY,. DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; PROVIDING THAT THE'SOLID WASTE ASSESSMENTS MAY BE COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.363S, FLORIDA STATUTES, AS AMENDED'; MORE PARTICULARLY BY AMENDING SECTION 22-12 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR'INCLUSION IN THE CITY CODE. 11807 • BE IT ORDAINED BY THE COMMISSION OF THECITY' OF MIAMI, FLORIDA:' Section 1. Chapter 22, entitled "Garbage and Other Solid Waste," of the Code of the City of Miami., Florida, as amended, is hereby arriended in the following partioulars:11 11 * * "CHAPTER 22 Garbage and Other Solid Waste ARTICLE 1. IN GENERAL Sec. 22-12. Waste fees. Words and/or figures stricken through shall be deleted. 17Aderscored word a and/Or figures shall be added. The remaining provisionS are now in effect and remain unchanged. Asterisks indicate omittd and unchanged material: d• 11807 An annual waste fee is hereby assessed upon all city serviced residential units as defined in section 22-1 and as set forth herein. These fees shall apply to residential unite within the city not Serviced by private sanitation companies and shall serve to defray tha cost of waste collectionand disposal. Rffective October 1, 1999,.the Pity may uti1i7e the uniform Florida Statutes,wherehy residential unit owner pay for ,s shall the tax hill, in accordance with the provisions nf chapter 197 of the Florida at-atutes, as aMended. Tf the city elects not to use the tax hill collection method, then oGne-half 'of said annual fee amount shall be due and collectible on January 1 and on July 1 of each calendar year, beginning January, 1999, as follows: Fiscal Year 1998--1999 1999--2000 2000--2001 2001--2002 Annual Fee $214.00 216.00 236.00 260.00 2002--2003 266.00 (b) All fees billed shall be due .and collectible.upon • receipt. The ',fact thatany 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. Tn the event the.. city elects to use the tax hill asseSSment roll, all solid. waste ,S"RPRRMI-0-S shall constitute A lien_against asLeasa.6 property equal in rank and dignity with the liens of all state county, Forcept as otherwise provisied hy law, snch liens shall he Supertor in dignity to all other f.:1-ind liens, mortgage, titles, and claims until paid The lien fnr fected upon adaptipn hy the city commission nf .the final assessment resolution, whichever is applicable. The lien for a solid waste assessment shall he deemed perfected upnn raBblution or the an-rmal rat zeniutina, whichever ia •appnczja1e_._Tja.e_._lj3__snlici waste assessment -2- 11807 shall attanh tn tbe propeyty Inc dd n the assessment roll as nf the prinr:Jannary 1 the lien date for ad, valorem taxes impneed sander the tax roll *II Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with ,the provisions of this Ordinance' are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance is hereby declared to be an emergenay-measure on the grounds of urgent public need for the preservation. of peace, health, safety, and property of the City of MiaMi, and upon the further grounds of the necessity, to make the required and necessary payments to its employees and officers, payment of its• debts, necessary and required purchases of gdods and supplies'and to generally carry-on.the.functions'and duties of municipal affairs_ Section 5. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the member S of the Commission. Section 6, , It is the intention of the. City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or. relettered and that the word. "ordinance" may be changed to "section', "article", or other -3- 11807 appropriate word to accomplish such intention. Section 7. This Odinanceshall become effective immediately upon its adoption and signature of the Mayor.a/ PASSED AND ADOPTED BY TITLE ONLY this 22nd June , 1999. day of JOE CAROLLO, MAYOR .In accordance with M!aml Code Seo. 2-36, since the Mayor did not indicate approval of this legislation by •signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) days from the date of .Cornrniselon action tl6garding same, withal the Mayor exercising a veto. ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED A TOA4RAND CORRECTNESS: VILARELLO TY TORNEY W72 :GKW:ISSS 2/ alter 61, emem, City lerk If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was - passed and adopted. If' the Mayor vetoes, this' Ordinance-, it shall become effective immediately upon override of the veto by the City Commission. -4- 11807 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO; The Honorable Mayor and Members of the City. Commission FROM Donald H. Warshaw City Manager DATE! SUBJECT; REFERENCES ENCLOSURES; JUN l 5 1999 FILE Uniform Method Of Collection Solid Waste Residential Accts RECOMMENDATION It is respectfully requested that the City Commission approve the amendments, as proposed, to the Garbage and Other Solid Waste Ordinance (Chapter 22 of the City's Code of Ordinances). These amendments formalize the action taken by the City Commission in January of this year by authorizing the placement of residential solid waste bills on the property tax bill as a non ad -valorem assessment, Further, this action does not preclude the City Commission from returning to direct billing should it desire to do so in the future. BACKGROUND Currently, solid waste fees are collected through two separate billings per year. The resolution approved by the City Commission acknowledged the efficiency of eliminating these two separate billings for consolidation into the property tax bill. Using this method of collection also allows residents to pay this assessment through their mortgage company which could expand their payments over a 12-month period versus two semi-annual payments. Further, for those that do not pay through a mortgage company, the opportunity to spread the payments quarterly is also afforded through the County. 11807 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida, STATE OF FLORIDA COUNTY OF DADE, Before the undersigned authority personally appeared Soo.kia Williams, who an oath says that she Is the Vice President of Legal Adverfising of the Miami Daily Business Review thole Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11807 In the X3 X55 X Court, waspUUblieled_lnni,s 11 nne@wspaper In the Issues o1 Lilll ! -1- y Affiant further says that the said Miami Daily Business Review la a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore ' been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Dade County, Florida, for a period of one y' ne 1 preceding the first publication of the attached cop •f adv=rtlsement; and afflant further says that she has nel; er pal. nor promised any parson, firm or corporation Art dtaco. t, rebated commission or refund for the purpose of -sour g this as} ertlsement for pubiioatlon in the said 1 ... / day of Swam ,to and subscribed before me lhhliss July , A.D. 19.,,,,. (SEAL) ° .pU OFFICIAL NOTARY SEAL Sookle Willi kkrucisnEir66 1.1 NcoAtissiOuntN FI _ a CC5453644 ,. MY COMMISSION EXPIRES <�op, O APR. 12,2000 • ,':+f t Al) Inlereated,pefsons•Will lake rioElcefhalon the 220d day of, June' 1.998 the City,Corprnissjbn of•Miarnl, Fiondar adppted 1I�e IoL owing'ti• lied ordlnancesi`;f T 4r ti. • ^ " ORDINANCE NO 11806 AN EMERGENCY' ORDINANCE OF: THE MIAMI°C1TY • •COMMISIONi •ESTABLISHING A :.NEW SPEQIAt. I E' r. , ,VENUE 'FUND .ENTITLED;; 1995 WAGES. ,COAL!T.ION SUMMER'CAMP"'AND'APPROPRIATING FUNDS FOR THE , ' •-•• OPERATION OF SAID, PROGRAM IN. THE AMOUNT OF UP TO$5D;000, CONSISTING OF A•GRANT, FROIyi THE DADE •' MONROE WAGES, COALITION;"FURTHER AUTHORIZING ' • ;THE CITY' MANAGER' TO 'EX,ECUTE'THE r NECESSARY' DQOUMENTS; IN A'FORM ACCEPTABLE TO' THE'CITY;AT-' •'' • TORNEY, FOR THE''ACCEPT.ANCE OF .SAID GRANT; . ,CONTAINING A.• .REPEALEjR•• PROVISION'' AND. ,A SEVERABILITY CLAUSE :QND PROVIDING , FOR AN r t EFFECT�VF�IDATE�, ry, ;airs ; V, n• •' I ORDINANCE N0 11807 AN EMERG,ENOY. ORbIt')ANCE'OTHE MIAMI'; CITY 1 COMMISSION AMENDING;; CHAPTER>F22 OF THE CODE• OF T,HE CITY OF MIAMI.c'FLORIDA ,-AM ASENDEDy ENTITLED; y,' GARB'AGE,=AND;;OTHER• SOLID WASTE' RELATING a'`THE •PROVISI.ON �OF'.r50LID f;WA$TE ;•,SER ICES x ;FACILITIES AND. PROGRAMS IN THE CITY+OF M{Ahhi^ '` r FLORIOA PROV)DING THA7 SOLID WASTE ASSESS • 1 :.MEf IT,S :CONSTITUTE IArUIEN ON I+SSESSE'D':PROPEFtTY Iy OUAL,IN RANK'AND f0IGNITY WITHTHE,LIENS OF, AI • , ! STAT , ;COUNTY, DISTRICT OR`•MUNICIPAI"TAXESt-AND''•' , :•f ASSESSMENTS AND SUPERIOR •IN DIGNITY ; TO`'''ALL` `c r ti OTHER'-.FRIOR;••LIENS. `MORTGAGE ITLE AND CLAIMS;;,r. PROVIPING + THAT THE SOLID WASTE •.; ASSESSMENT;MAY, ^,BE'COLLECTED P\SRSLIANT TO 'I SECTI{ N$ 197.36327AN.197 363$, FLORIDA STATUTES, t AS AMI=LADED ;NiO♦�E : PARTIGUI ABLY sY�-AMEND<IJG :` SECTION 22.12'OF •SAID CODE; CONTAINING :A ' •,'REPEALER•PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE, AND PRQVIQING •FOR,INCLUSION iN•THE CiT' CODE f ^i ' t a, . • I OEDINANCE NO, 9I8D8 ..'AN :ORDINANCE',OF THE MIAMI CITY CQMIvi1SSION' , AMEN„pINC�,' THEw•FUTURE'`LAND1J5E 'MAP.,,QF•THE'. ' ;COMPREHENSIVE NEIGHBORHOOD PLAN BY -,CHANGING THE LAND USE"iDESIGNATION OF THE 'PROPERTY `LOCATED AT APPROXIMATELY4725.2727 SOUTHWESTs '• 10TH 'TERRACE,:`: MIAMI, ' FOR IDA;Y ;FROM'. MEDIUM, s abENSITY',RESIDENTIAL TO;RESTRICTED'COMMERCIAL•'; MAKING FINDINGS DIRECTING; TRANSMITTALS• TO :AFFECTED. AGENCIES; ' CONTAINING• '.'A•r••REI?EALE(R P,FIOVISION ''AND. sA`' ,SEVERABILY tITCLrAUSE"'PND ; '••'I PROVIDING FOR,AN,EFFECTIVE DATEa `1" V.. ' „ • ,.,, •-onot4•AzipqNOr 1 If0S ' • •AN ORDINANCE OR i HE 'MIAMI CITY COMMIS.S,ION i• •AMENDING PAGE N'0'40 OF THE 20NING LAS ATOF THE- ; ' • CITY OF MIAMI FLORIDA, BY CHANGING THE ZONING • 'CLASSIFICATIO J FROM "R 3' MULT{FAMILY,' MEDIUM "` 'DENSITY, RESIDENTIAL,:Tb C'1 :RESTRICTED COM= i } - 4R'ciA"'ft FORT"THE PROPERTY' LOCATEDr '`AT APc ' .•iPROX1M,ATELY,4 25'2727:SOUTj WEST`lOTH;=TERRACEI MIAMI; ,,FLORiDA; EXCEPT, FOR ' A ONE•'.F0,01 q-i!')' . PERIMETER„ RUNNING:, ALONG TRE,WEST BOUNDARY • • -•OFF THE', J1EREIN DESCRIBED1,9PR0RE}jTY;' MAKING1 ;FINDINGS CONTAINING A•REPEALER PROVISION! ANb•A "' ' SEVERABILITY, :PAUSE; ',AND PROVIDING FOR;,.AN i'i'''EFFECTIVE DATE,, r ' NC 'AN ORDINANCE;O4 F THE, ORDINANCE MIAMI -CITY COMMISSION' '.y , AMENDING-OJ-IAPTER 0I THE, CODE .OF THE, CITY OF MIAMI, FLORIDA,.AS AMENDEli;;'ENTITLEDi"'ALCOHOLIC • '' • BEVERAGES ,;TO MODIFY PROVISIONS, RELATED TO rRETAiL',SPECIALTY CENTERS, TO- ADP ,A. DEFINITION•' •FOR "CENTER, DESIGN, DPSTRICT,." TOANCLUDE THE. • "CENTRAL'DESIGtN-DISTRICT;.AS AN•,EXCEPTION AREA •TO;•DISTANCE•-REQUIREMENTS,,.AND TO PERMIT FOOD - ESTABLISHMENTS; AS 'SET FORTH- IN SEC:TION. 4:i3.` was introduced by Vice Chairman Gort and seconded by Commissioner Sanchez, for adoption as an emergency pleasure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES; NAYS: ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E, Teele, Jr, Vice Chairman Wifredo Gort Chairman J.1.,, Plummer, Jr. None. • None. Whereupon the Commission on motion of Vice Chairman Gort and seconded by Commissioner Sanchez , adopted said ordinance by the following vote: AYES: Convnissioner Tomas Regalado •Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Chairman J. L, Plummer, Jr. NAYS: None, ABSENT: None, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11806 The City Attorney read the ordinance Into the public record and announced that copies were available to the members of the City Commission and to the public • 21. EMERGENCY ORDINANCE; AMEND CODE SECTION 22-12 "GARBAGE AND OTHER SOLID WASTE,' PROVIDE THAT SQLID WASTE ASSESSMENTS CONSTITUTE A. LIEN PROPERTY EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER R PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS.; PROVIDING THAT THE SOLD WASTE ASSESSMENTS MAY BE COLLECTED PURSUANT TO SECTIONS 197,3632 AND 197,3635, FLORIDA STATUTES (PLACE SOLID WASTE BILLS ON TAX NOTICES).. Chairman Plummer: Item 11, Also, an emergency ordinance requiring a four/fifths vote, Vice Chairman Gore, Move it. Chairman Plummer: Garbage and other solid waste relating to the solid waste services for the City, Moved by Gort, Seconded by Teele, Anyone wishing to discuss the item? Item Number 11, Read the ordinance. Call the roll, 83 June 22, 1999 An Ordinance Entitled AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CIIAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; PROVIDING THAT SOLID WASTE ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY EQUAL IN RANK AND DIGNITY WITH THE LIENSOF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; PROVIDING THAT THE .SOLID WASTE ASSESSMENTS MAY BE COLLECTED PURSUANT TO SECTIONS 197,3632 AND 197,3635, FLORIDA STATUTES, AS AMENDED; MORE PARTICULARLY BY AMENDING SECTION 2242 OF SAID CODE; CONTAINING A REPEALER _PROVISION AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE, was introduced by Vice Chairman Gort and seconded by Commissioner Teele, for adoption as an emergency measure; and dispensing with the requirement of readingsame on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice. Chairman Wifredo Gort Chairman J. L. Plummer, Jr, NAYS: None, ABSENT: None, Whereupon the Commission on motion of Vice Chairman Gort and seconded by Commissioner Teele, adopted said ordinance by the following. vote: AYES: Commissioner Tomas Regalado Coinmissioner Joe Sanchez. Commissioner Arthur E. Teele, Jr, Vice Chairman Wifredo Chairman J. L. Plummer, Jr. NAYS: None, ABSENT: None. 84 June 22, 1999 SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 11807 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public 22. DISCUSS / TAI3LE CONSIDERATION OF MODEL CITY NET SERVICE STATION, (See section #55.) Chairman Plummer.: As previously .announced, Mr. Teele, Ion going to take up, at 3 o'clock, the. Little Model Cities N13'F (Neighborhood Enhancement Team) Office, It's 3 o'clock, sir, and we offered that would be done at this time. Vico Chairman Gort: lt's'a companion, Twelve is a companion of 11, Chairman Plummer: Are they the people — is 12,., Vico Chairman Gort: Twelve is a companion of 11, Chairman Plummer: It doesn't so state, Commissioner Teele: Can you do it at 3:10? Chairman Plummer: We said; at 3 p.m., we'd take up Model Cities NET. Now, do you want to do it now or later? Commissioner Teele: At 3:10. Chairman Plummer: Three ten. Commissioner Teele: Are there people -are there citizens here from the area on that item? Chairman Plummer: Is there anyone here that's here for the purposes of Item 35, the Model Cities NET Office Presentation? Mr, Packingharn is here, All right, You can wait 10 minutes? So be it, 23. APPROVE INTERGOVERNMENTAL COOPERATION AGREEMENT, WHICH REQUESTS AND AUTHORIZES THE PROPERTY APPRAISER TO INCLUDE THE 'CITY OF MIAMI NON -AD _ VALOREM ' ASSESSMENTS FOR FIRE -RESCUE SERVICES AND -FACILITIES AND -SOLID WASTE SERVICES AND FACILITIES ON THE "NOTICE OF PROPOSED PROPERTY TAXES AND PROPOSED OR ADOPTED NON -AD VALOREM ASSESSMENTS,' COMMONLY REFERRED TO AS THE TRIM NOTICE, • Chairman Plummer: Ali right, Item 1'2, Vice Chairman Gort: Move it. Chairman Plummer: Item 12 is a resolution on the Fire -Rescue Service and Solid Waste Services and •for the Trim Notice, Now, let's get down to brass tax. Is this the Trim Notice predicated on what stipulated ,tune 22, 1999