HomeMy WebLinkAboutBack-Up from Law DeptChapter 22 - GARBAGE AND OTHER SOLID WASTED
Footnotes:
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Chiller re Au_uthohty cf cllty to rcllllect and dllspose cf garbage, etc 3(o); nu_ulllsances gcumciralllly,
3(p).
Clllty Code cross references-,,,,,,,,,,,,,,, Geneiral° se vuces at'irrmlllnustiratlllon depauiiment § 2 326 et seq tlhirowlinq or
deposlitllinq su_ulbstances etch wlidllolium cllty sdadliu_uirns parks and adjacent grounds, § 38 7; dusposall of trash
uum cllty parks, § 38...63, contrcll of imairunc p0IIIluutllon, § 50 96 et seq.; dusposall of gairllbagc„ waste and refuse
unto imairlllnas or yacht Ibaslllns, § 50 237.
State Ill.aw reference— State sanllltairy code II C § G03 4 3
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 collector. The words "biomedical waste collector" shall mean any private solid waste
contractor who collects, transports or disposes of biomedical waste.
Bulky waste. The term "bulky waste" shall mean, but not be limited to, large items of household refuse
such as appliances, furniture, accumulations from major tree cutbacks (exceeding ten inches in diameter
and four feet in length and weighing more than 50 pounds), large crates and like articles which shall be
placed out for city collection by residential unit owners paying for city service on a weekly basis.
Cart -on -wheels: The words "cart -on -wheels" shall refer to the 96-gallon containers issued to
residences by the city for automated garbage collection and are required to be used, once issued.
Certified recovered materials dealer. The words "certified recovered materials dealer" shall mean a
dealer certified under § 403.7046, Fla. Stat., who handles, purchases, receives, recovers, sells or is an end
user of recovered materials as defined herein.
Commercial business. The term "commercial business" shall mean and include all retail, professional,
wholesale, and industrial facilities and any other commercial enterprises, for profit or not for profit, offering
goods or services to the public.
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Commercial property. The words "commercial property" shall mean any hotel, motel, roominghouse,
tourist court, trailer park, bungalow court, apartment building with rental apartments, cooperative
apartments, and/or multiple -story condominium buildings and any other business or establishment of any
nature or kind whatsoever other than a residential unit as defined in this section.
Commercial solid waste. The term "commercial solid waste" shall mean every waste accumulation,
including but not limited to, dust, paper, paper cartons, cardboard cartons, excelsior, rags, garbage,
plastics, metal containers, recyclable material, garden and yard clippings and cuttings, bulky waste and
other waste which is usually attendant to the operations of commercial businesses or multifamily
residences.
Commercial solid waste advisory committee. The words "commercial solid waste advisory committee"
shall be defined as an elected/appointed/selected body created for the purpose of providing advice and
recommendations on commercial solid waste issues within the city in conjunction and cooperation with the
department of solid waste.
Commercial solid waste service. The term "commercial solid waste service" shall mean the collection
and disposal of garbage, trash, recycling, solid and processable waste for all business, commercial,
industrial, religious, health, educational, governmental and quasi -governmental establishments, including
the collection and disposal of construction and demolition debris.
Condominiums. The words "condominiums" or "condominium buildings" shall be deemed to mean any
building or structure that evidences that form of ownership of real property which is created pursuant to the
State of Florida Condominium Act, which is comprised of units that may be owned by one or more persons,
and in which there is appurtenant to each unit an undivided share in common elements. Any condominiums
with three 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 fora construction project, including such debris from construction of structures
at a site remote from the construction or demolition project site. Mixing of construction and demolition debris
with other types of solid waste, including material from a construction or demolition site which is not from
the actual construction or destruction of a structure, will cause it to be classified as other than construction
and demolition debris. The term also includes:
(a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project;
(b) Except as provided in § 403.707(12)(j), Fla. Stat., unpainted, nontreated wood scraps from
facilities manufacturing materials used for construction of structures or their components and
unpainted; nontreated wood pallets provided the wood scraps and pallets are separated from
other solid waste where generated and the generator of such wood scraps or pallets implements
reasonable practices of the generating industry to minimize the commingling of wood scraps or
pallets with other solid waste; and
(c) De minimis amounts of other nonhazardous wastes that are generated at construction or
destruction projects, provided such amounts are consistent with best management practices of
the industry.
Construction and demolition debris collector. The words "construction and demolition debris collector"
shall mean any commercial solid waste franchisee who collects, transports or disposes of construction and
demolition debris and shall be subject to a registration fee as provided for § 403.7046, Fla. Stat.
Construction dumpster or roll -off. Approved open metal container without wheels, with capacity up to
40 cubic yards, used at construction sites for the purpose of removing construction and demolition debris,
which includes rock, metal and other materials which are heavy in weight or substantial in size, used in
connection with a construction and/or demolition project.
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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.
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 least two handles upon the
sides thereof, sufficiently strong for workmen to empty conveniently, or a bail by which it may be lifted, and
a tightfitting metal or plastic top with handle, and so constructed as to permit the free discharge of its
contents. The container must not have any inside structures such as inside bands and reinforcing angles
or anything within the container to prevent the free discharge of the contents. The container shall be free
of jagged or sharp edges.
Gross receipts. The term "gross receipts" shall mean all monies, whether paid by cash, check, debit
or credit, resulting from all transactions and activities, within the city, in the franchisee's regular course of
business and trade including garbage, industrial, solid waste, used cooking oil waste, environmental
charges and fees, containerized waste, equipment rental and leasing, fuel surcharge, construction and
demolition debris, roofing materials, trash, litter, maintenance, compactors, refuse and/or rubbish collection
removal and disposal services rendered, hand bag collection, recycling, or from any other source related
directly or indirectly from waste collection services, including, but not limited to, all income derived from
leasing and renting of real or tangible personal property, the use of dump trucks, grapping trucks, roll -off
trucks, trailers, roll -offs, boxed in, framed, fenced in, or otherwise designated storage areas, etc.,
containers, bagsters, chutes, and any other vehicles and equipment used for collection and disposal of any
debris by the franchisee, exclusive of taxes as provided by law, whether wholly or partially collected within
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the city, less bad debts. Gross receipts shall not include income derived from the transportation, storage,
treatment, collection, and removal of biomedical, biological, or hazardous waste as herein defined.
Hazardous waste. The words "hazardous waste" shall mean solid waste, or a combination of solid
wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may
cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness or may pose a substantial present or potential hazard to human health or
the environment when improperly transported, disposed of, stored, treated or otherwise managed.
Hazardous waste collector. The words "hazardous waste collector" shall mean any private solid waste
contractor who collects, transports or disposes of hazardous waste and shall be subject to a registration
fee as provided for in § 403.7046, Fla. Stat.
Health and safety concern. The term "health and safety concern", for purposes of this chapter, shall
mean any inefficient and improper method of managing solid waste collection which creates a hazard to
the public health, causes pollution of air and water resources, constitutes a waste of natural resources, has
an adverse effect on land values and creates public nuisances.
Industrial wastes. The words "industrial wastes" shall mean the waste products of canneries,
slaughterhouses or packing plants; condemned food products; wastes and debris from brick, concrete
block, roofing shingle or tile plants; debris and wastes accumulated from land clearing, excavating, building,
rebuilding and altering of buildings, structures, roads, streets, sidewalks, or parkways; and any waste
materials which, because of their volume or nature, do not lend themselves to collection and incineration
commingled with ordinary garbage and trash, or which, because of their nature or surrounding
circumstances, should be, for reasons of safety or health disposed of more often than the city collection
service schedule provided for in this chapter.
Industrial waste collector. The words "industrial waste collector" shall mean any private solid waste
contractor who collects, transports or disposes of industrial waste and shall be subject to a registration fee
as provided for in § 403.7046, Fla. Stat.
In -kind services. The term "in -kind services" shall mean those services for which no fees or charges
are assessed, including service to city facilities and neighborhood cleanups as defined by the director.
Landscape firm. Landscape architects, landscape contractors, landscape maintenance firms and all
others doing work similar to that performed by landscape architects, landscape contractors and landscape
maintenance firms doing business within the city.
Large residential trash. The term "large residential trash" shall mean yard and garden trash weighing
more than 50 pounds, bulky and noncombustible materials which cannot be containerized and weigh over
50 pounds, and other non -hazardous, non -construction, non -demolition, non -biomedical or non -industrial
material too large to be bagged, bundled or containerized and weighing over 50 pounds. Large trash shall
be placed out along with bulky waste for once per week collection.
Litter. The word "litter" shall mean any garbage, rubbish, can, bottle, box, container, tobacco product,
tire, appliance, mechanical equipment or part, building or construction material, tool, machinery, wood,
motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, trash, refuse and paper.
Local government registration fee. The term local government registration fee shall mean the annual,
October 1 st through September 30 th , 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.
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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.
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.
Produce market. The term "produce market" shall mean the area in which produce vendors congregate
and sell their products bounded by NW 10 th Avenue to the east, NW 22 nd Avenue to the west, NW 23 rd
Street to the north, and NW 20 th 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.
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State Law reference— F.S. Ch. 403, Environmental Control Part IV —Resource Recovery and
Management, as may be amended from time to time.
Refuse. The word "refuse" shall mean any garbage, garden trash, industrial waste, noncombustible
refuse, rubbish, waste, bulk waste, containerized waste and/or solid waste.
Residential unit. The term "residential unit" shall mean any structure used or constructed or modified
or adopted for use as a single-family dwelling, duplex, cluster housing, townhouse or multiple -family
apartment building or other similar structure containing three or fewer residential units, and which is located
on a single lot, parcel or tract of land. Each dwelling unit of a duplex, cluster housing, townhouse, or multiple -
family building or other similar structure shall be deemed a separate residence.
Roll-off/container. The term "roll-off/container" shall mean a metal container, compacted or open, with
or without wheels, designed and used by nonexclusive commercial solid waste haulers for the collection
and disposal of construction debris, demolition debris and/or large quantities of trash and/or bulky waste,
but not garbage or commercial refuse.
Roominghouses; boardinghouses. A roominghouse is a residential building used, or intended to be
used, as a place where sleeping or housekeeping accommodations are furnished or provided for pay to
transient or permanent guests or tenants which does not maintain a public dining room or cafe in the same
building or in any building in connection therewith. A boardinghouse is an establishment where meals are
regularly prepared and served for compensation for five or more persons, and where most of the food is
placed upon the table family style without service or ordering 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 waste director 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, 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.
Page 6
Solid waste disposal and resource recovery facility. The words "solid waste disposal and resource
recovery facility" shall mean any solid waste disposal area, volume reduction plant, transfer station or other
facility, the purpose of which is resource recovery or the disposal, recycling, processing, transfer or storage
of solid waste.
Source separated. The term source separated shall mean the recovered materials are separated from
solid waste where the recovered materials and solid waste are generated. The term does not require that
various types of recovered materials be separated from each other and recognizes de minimis solid waste,
in accordance with industry standards and practices, may be included in the recovered materials. Materials
are not considered source separated when two or more types of recovered materials are deposited in
combination with each other in a commercial collection container located where the materials are generated
and such materials contain more than ten percent solid waste by volume or weight. For purposes of this
subsection, the term "various types of recovered materials' means metals, paper, glass, plastic, textiles,
and rubber.
Special non-residential trash collection. The term "special non-residential trash collection" shall mean
yard and garden trash weighing more than 50 pounds, too large to be containerized for commercial
collection, clean and free of dirt, rocks, trash and any other debris. It includes accumulations from major
tree cutbacks (exceeding ten inches in diameter and four feet in length and weighing more than 50 pounds).
Collection by the city must be approved and scheduled by department prior to setout or fines will be
incurred.
Special residential collection. The term "special residential collection" shall mean a collection of non-
hazardous, non -industrial, waste beyond the normal city garbage, trash, and recycling, including bulky
waste and large trash, for which residents or property owners will be charged the cost of collection, disposal
and the appropriate administrative fees. Such collection excludes asbestos, whole or used tires, oil, lead -
acid batteries, mercury lights, combustible, hazardous, biomedical and biological waste.
Specialized waste handler shall mean those companies whose primary business is limited to collecting
and disposing of solid waste that requires special handling and management, including, but not limited to
white goods, waste tires, used oil, lead -acid batteries, construction and demolition debris, ash residue and
biomedical and biological waste.
Specialized waste. The term "specialized waste" shall mean solid waste that requires special handling
and management, including, but not limited to white goods, waste tires, used oil, lead -acid batteries,
construction and demolition debris, ash residue, biomedical and biological waste.
Specialized waste handling nonexclusive fee. The term "specialized waste handling nonexclusive fee"
shall mean the annual fee paid to the city for the right to conduct specialized waste handling services in the
city.
Swale area. The words "swale area" shall mean the paved or unpaved area between the edge of the
sidewalk or property line and the edge of the street.
Temporary roll-off/container permit fee. The term "temporary roll-off/container permit fee" shall mean
the charge paid every 90 days the account remains active, per account to the city for each large container
and/or roll -off utilized by franchisees to provide contracted removal and disposal of waste from commercial
constructions and demolition, renovation and other similar accounts which are of a temporary nature.
Trash. The word "trash" shall mean garden, tree and shrubbery trash that is too large to be bagged,
bundled or containerized, wooden or paper boxes or containers, and other accumulations of a nature other
than garbage and bulky waste as defined herein which cannot be bagged, bundled or containerized for
weekly collection.
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 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.
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(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 to accommodate
all garbage, bundled garden trash or rubbish to be removed by the franchisees. Franchisees shall be
required to remove all refuse placed or spilled within a ten foot radius of the container being serviced.
Service minimums for multi -family dwellings shall be as follows: 1-4 Units - 2 CY @ 2 x per week;
5-8Units -3CY@2xper week or2CY@3xper week; 9-12 Units -4CY@2xper week; 13-
16 Units - 4 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;
Page 8
(3)
Be constructed in such a manner as to discourage or eliminate the possibility of rodents breeding
under the platform; and
(4) Be screened from any street, alley, sidewalk or adjacent property. Such screening shall be
maintained in perpetuity by the property owner. Screening shall be constructed of chain link
fencing with slats (cyclone fencing) or wood picket fencing.
Sunken containers are hereby declared to be hazardous to the health, welfare and safety of the residents
of and visitors to the city and to the city's waste collection personnel. Accordingly, such containers shall
immediately be replaced with approved containers and the holes where they were previously sunk shall be
filled with clean, solid fill.
Franchisees will be responsible for servicing of containers until such time as they have been removed.
Commercial multifamily properties without service will be subject to administrative and service fees imposed
pursuant to section 22-93 herein, should the city be required to provide service the property owner will be
invoiced for service as required and at the cost associated with the unit structure provided in (b) of this
section.
(d) All new commercial properties and/or structures, as defined in this chapter, shall provide a garbage
and/or trash room as required and provided for in Ordinance No. 11000, the zoning ordinance of the
city. Any existing structure, legally established but currently nonconforming with regard to Ordinance
No. 11000, upon expansion of the existing structure by 25 percent or more of its existing floor area, or
its repair or renovation at cost exceeding 50 percent of its current value as established in the
assessment made by the Miami -Dade County property appraiser, shall be required to comply with the
requirements of this chapter; any series of repairs and/or renovations during any five-year period shall
require the property to conform to the requirements of this chapter. Additionally, a change in the use
of any legally established, but nonconforming structure shall require such structure's compliance with
the requirements of this chapter prior to the issuance of a certificate of use and/or occupancy by the
building and zoning department.
(e) At no time shall any garbage cans, dumpsters or any containers, whether such containers are
approved or not approved, be placed upon any street, alley, sidewalk, right-of-way, or in any public
area or upon any property used by the public not owned or occupied by the person(s) placing such
garbage cans, dumpsters or containers.
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.
(f)
(g)
Newspapers and other salvageable materials defined as aluminum cans, glass bottles, metal and tin
cans, shall be separated from all other solid waste material and may be placed in the container
provided by the city for these materials or otherwise be recycled.
(h) Commercial containers located on public property shall be deemed abandoned and will be removed
by the city at the owner's expense, pursuant to this chapter of the Code. Service is to be made from
streets and driveways and trucks used for this purpose shall not be driven or parked on sidewalks at
any time.
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
(i)
Page 9
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 departments issuance of a temporary or final certificate of
occupancy, or whenever the first waste is picked up from such unit by the city, whichever shall occur first.
(Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-3; Ord. No. 11703, § 3, 9-28-98)
Sec. 22-4. - Plans for waste storage on certain premises to be approved before issuance of building
permit; proof of commercial solid waste service before issuance of certificates of use or occupancy.
Before building permits may be issued for construction of commercial property, as defined in this
chapter, plans for storage of refuse must be approved by the director or his/her designee as to location,
accessibility, and number or adequacy and the permittee has provided proof of a contract with an approved
commercial solid waste franchisee for construction debris containers to store and remove debris.
No certificate of use or occupancy will be provided until applicant has provided proof of a lease
agreement containing or a contract for commercial solid waste service with an approved commercial solid
waste franchisee. No certificate of occupancy shall be issued for said premises until the director has made
a finding of compliance with the terms 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
Page 10
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 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)
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.
Page 11
(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.
Causing, maintaining, permitting or allowing the accumulation of any litter or refuse on any
construction or building site before, during or after completion of said construction or building. It
shall be the duty of the owner, or the owner's agent, of the property in question to make adequate
provisions for the disposing of debris and litter and to have on the construction or building site
adequate facilities for the disposing of said litter and refuse and to make appropriate
arrangements for the collection thereof. Said arrangements and/or methods for disposing litter
and debris shall be approved by the director prior to the issuance of a building permit.
(6) Disposing of the carcass of any dead animal, domestic or otherwise, by the throwing, discarding,
placing or depositing of said carcass in or on any of the locations noted in subsections (c)(1)
through (3) of this section.
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.
(5)
(7)
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.
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.
Declared public nuisance. In addition to, and not in limitation upon any enforcement action for violation
of this section, it is the intent of the city commission to declare the dumping of litter and/or refuse in
the city, as hereinbefore described and prohibited, a public nuisance and to subject violators of this
section to the provisions of this chapter calling for removal of such a public nuisance through notice,
hearing and a lien enforcement procedure if the city so chooses to remedy the prohibited condition.
Any action taken pursuant to this section in enforcing the provisions of this chapter shall be considered
cumulative and in addition to penalties and other remedies provided elsewhere in this chapter.
(h) Applicability of state and county laws. In addition to, and not in limitation of the provisions of this
section, the provisions of F.S. § 403.413, also known as the "Florida Litter Law," and chapter 15 of the
Code of Metropolitan Dade County, as amended from time to time, are hereby added to this Code of
Ordinances and incorporated by reference herein. The city commission also respectfully suggests to
any court finding persons guilty of violations of the "Florida Litter Law" that the provisions of F.S. ch.
948, "Probation," be utilized liberally in order to require such persons to expend appropriate amounts
of time and effort gathering up litter and refuse at places within the city as may be designated by the
court.
(i)
Noncompliance with any section shall be punishable in a manner as provided in sections 22-6 and 22-
93. Noncompliance may result in the city's taking such action as it deems appropriate under the
circumstances, and a lien shall be imposed against the property for recovery of all costs involved.
Page 12
(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
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
Page 13
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.
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, 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
Page 14
not authorize a refund or excuse the nonpayment of the applicable fee. In the event the city elects to
use the tax bill collection method and upon the adoption of the assessment roll, all solid waste
assessments shall constitute a lien against assessed property equal in rank and dignity with the liens
of all state county, district, or municipal taxes and special assessments. Except as otherwise provided
by law, such liens shall be superior in dignity to all other period liens, mortgages, titles, and claims until
paid. The lien for a solid waste assessment shall be deemed perfected upon adoption by the city
commission of the final assessment resolution, whichever is applicable. The lien for a solid waste
assessment shall be deemed perfected upon adoption by the city commission of the final assessment
resolution or the annual rate resolution, whichever is applicable. The lien for a solid waste assessment
collected under the Uniform Assessment Collection Act shall attach 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.
(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
CU02
CU02
CU02
CU02
CU03
Description
Hotel, motel and rooming houses
Hotel, motel and rooming houses
Hotel, motel and rooming houses
Hotel, motel and rooming houses
Retail
Units Up
To
2
12
50
999,999
500
Unit
Units
Units
Units
Units
Sq. ft.
Base
Rate
$0.00
$102.00
$152.00
$152.00
$76.00
Rate Per
Unit
$0.00
$0.00
$0.00
$5.00
$0.00
Page 15
Retail
Retail
Retail
Retail
Retail
Retail
Wholesale and storage
Wholesale and storage
Wholesale and storage
Wholesale and storage
Wholesale and storage
Wholesale and storage
Wholesale and storage
Manufacturing
Manufacturing
Manufacturing
Manufacturing
Manufacturing
Manufacturing
Manufacturing
2,500
____
5,000
____
15,000
____
25,000
____
50,000
____
999,999
____
SUU
____
2,500
____
5,000
____
15,000
____
25,000
____
50,000
____
999,999
____
SUU
____
2,500
____
5,000
____
15,000 Sq. ft. $15200 $UUU
____
25,000 Sq. ft. $20300 $UUU
____
50,000 Sq. ft. $22900 $UUU
____
999,999 3q.ft. $254.00 $0.00
Office buildings
Office buildings
Office buildings
Office buildings
Office buildings
Office buildings
Office buildings
Open Areas (Parking lots, garages auto
sales)
Open Areas (Parking lots, garages, auto
sales)
Open Areas (Parking lots, garages, auto
Amusement parks, dog tracks, frontons
Arenas, dance halls, pool halls, bowling
lanes
Arenas, dance halls, pool halls, bowling
lanes
Arenas, dance halls, pool halls, bowling
lanes
Theaters
Theaters
Theaters
20,000
50,000
999,999
300
20,000
50,000
999,999
10
SUU
999,999
3q.ft
3q.ft.
3q.ft
3q.ft.
3q.ft
3q.ft.
3q.ft
3q.ft.
3q.ft
3q.ft.
Fixed
fee
3q.ft.
3q.ft.
3q.ft
Seats
Seats
Seats
Hospitals
Hospitals
Private schools
Private schools
Private schools
A.C.LF.non'profit
A.C.LF.profit
C.B.Rf non-profit
C.B.Rf profit
S.A.F.non'profit
profit
Day care centers and nursery schools (non-
profit)
Day care centers and nursery schools
(profit)
Miscellaneous
Miscellaneous
Miscellaneous
10
999,999
10,000
50,000
999,999
OS
125
OS
125
OS
125
OS
125
500
2,500
5,000
Beds
Beds
3q.ft.
3q.ft.
3q.ft
Fixed
fee
Fixed
fee
Fixed
fee
Fixed
fee
Fixed
fee
Fixed
fee
Fixed
fee
Fixed
fee
3q.ft.
3q.ft.
CUZZ
Miscellaneous
Miscellaneous
Miscellaneous
Miscellaneous
Marinas
Marinas
Marinas
Marinas
Restaurants lounges, bars
Restaurants, lounges, bars
Restaurants, lounges, bars
Restaurants, lounges, bars
Pawn shops
Pawn shops
Pawn shops
Convenience stores
Dade County public schools
15,00
25,000
50,000
999,999
3
12
SU
SU
IUU
ZUU
999,999
1,000
5,000
999,999
U
0
3q.ft
3q.ft.
3q.ft
3q.ft.
Boat
slip
Boat
slip
Boat
slip
Boat
slip
Seats
Seats
Seats
Seats
3q.ft.
3q.ft.
3q.ft.
Fixed
fee
Fixed
fee
(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.
(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
Container
Capacity
2 CY
3 CY or
2 CY
Minimum
Frequency
2 x week
2 x week
3 x week
Page 20
9-12
13-16
17-32
33-48
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 directors 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 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
Page 21
be awarded annually to college level educational institutions for the children or legal dependants of the
employees of the department, as determined by the city commission to have the greatest need for such
scholarships; each scholarship award shall not exceed $3,000.00 annually. In the event the interest accrued
upon the $1,000,000.00 in this fund is insufficient to pay for the full amount of each scholarship, a lesser
amount of scholarship will be awarded by the city commission. Awards will be based on recommendations
from the director of the solid waste department. Said recommendations will be made based upon criteria
established by the director of the solid waste department and approved by the city commission. The director
of finance, or their designee, shall make financial reports regarding the status of such fund to the city
commission, at its request. The city commission may authorize the city administration to establish additional
criteria for selecting eligible qualified recipients from the department.
(Ord. No. 10654, § 3, 10-12-89; Code 1980, § 22-13.1; Ord. No. 12258, § 2, 7-25-02; Ord. No.
13194, § 2, 9-27-10; Ord. No. 13318, § 2, 3-8-12; Ord. No. 13330, § 2, 7-26-12)
Sec. 22-16. - Special collections, fees, extra charges.
(a)
Special collections by the department or waste services not expressly provided for in this chapter may
be performed upon payment of reasonable fees and pursuant to such conditions as may be specified
by the director, such fees to be reviewed annually by the city commission. Whenever noncompliance
of this chapter occurs, which necessitates the department to remove, rectify or remedy said
noncompliance, the fee for such services, as indicated in section 22-93, shall be assessed upon the
person responsible for the conditions which give rise to and cause the noncompliance.
(b) Refusal or delay in rendering payment for any special collection performed as outlined in this chapter
shall constitute the basis for adding such unpaid charges to the regular waste fee assessment accruing
against the property where such special collections are made, and are hereby imposed as special
assessment liens against the real property aforesaid, and until fully paid and discharged, or barred by
law, shall remain liens equal in rank and dignity with the lien of ad valorem taxes and superior in rank
and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved,
and when delinquent shall bear interest and may be enforced and collected together with reasonable
attorneys 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 less than an amount which
is fair and equitable taking into account the cost to the city of such collection, transportation and
disposal.
(Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-14)
Sec. 22-17. - Private disposal of waste.
Any person may be issued a permit by the Dade County health department to dispose of garbage or
solid waste materials accumulated upon his or her own premises by burial, provided that such method
meets all specifications of the director of the Dade County health department and evidence is presented of
compliance with zoning regulations, but such permit and the disposal thereby authorized shall not relieve
the owner or occupant of the premises from payment of regular waste fees.
Page 22
(Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-15)
Sec. 22-18. - Responsibility for removal of certain waste; collection and disposal of furniture, appliances,
etc.
(a)
Industrial waste, hazardous waste, and noncombustible waste shall be disposed of in the manner and
at such locations as are prescribed by the director of the county public works department. Removal of
industrial waste, hazardous waste and noncombustible waste shall be the responsibility of the owner,
occupant, operator or contractor creating or causing the accumulation of such material. Upon approval
of the director, collection of the aforementioned waste may be undertaken by the department at the
expense of the owner, occupant, operator or contractor, provided that such collection and disposal
does not interfere with other waste collection operations. The department shall not be responsible for
collection or hauling of discarded building material, dirt or rock, nor shall it be responsible for collection
or hauling of trees, bushes or other vegetation cut on private property before a certificate of occupancy
is issued, except as otherwise provided for in this chapter.
(b) Special residential collection material shall not be permitted at curbside until advance arrangements
have been made with the department for its removal. The cost of any special collection will be provided
by the department and payment in the form of a check must be received prior to the collection and
shall be charged to the property from which the additional collection is made.
During the week of, and not prior to the evening before the scheduled special residential collection date, all
large trash and/or bulky waste shall be placed on the parkway between the sidewalk and the street
pavement or along the curbline when it is immediately adjacent to the sidewalk in front of the property from
which the trash originates where it will 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 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.
Page 23
(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.
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
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.
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.
(5)
(7)
(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).
Page 24
(b) The failure of a multi -family residential establishment to provide a recycling program pursuant to
subsection (a) or a modified recycling program pursuant to section 22-21 shall constitute a violation of
this section, for which the property owner(s) shall be liable, provided, however, that in the case of a
condominium or cooperative apartment, having a condominium association or cooperative apartment
association, said association, rather than individual unit owners, shall be liable for any such violation.
(Ord. No. 13194, § 2, 9-27-10)
Sec. 22-20. - Recycling programs required for commercial property; joint and several liability.
(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)
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.
Page 25
(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.
A copy of the applicable contract with a post collection separation facility, specifying materials
and volumes recycled which are attributable to the applicant.
(3)
(Ord. No. 13194, § 2, 9-27-10)
Secs. 22-22-22-45. - Reserved.
ARTICLE II. - REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION
Sec. 22-46. - Engaging in business of solid waste collection and disposal; issuance of franchise agreement
to private solid waste collectors.
(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.
Page 26
(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.
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.
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.
(f)
(g)
(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:
a. Penalty history. If the applicant is an individual, a record of all convictions and the reasons
therefore shall be provided by the applicant. If the applicant is other than an individual, then
the record of all convictions and the reasons therefore of the principal controlling officers of
applicant shall be provided. Provided, however, that in the case of a publicly held corporation
having 25 or more shareholders, then only the aforementioned information applicable to its
local managing officers shall be required.
b. Fingerprints. The fingerprints of the persons mentioned in this subsection, a full set of which,
for each of such persons shall accompany the application. Such service shall be obtained
from a public agency.
c. Business history. Whether such applicant has operated a solid waste collection removal
business in this or another state under a franchise, permit or license and if so, where and
Page 27
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 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.
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.
(5)
Page 28
(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.
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.
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
Page 29
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.
(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.
Page 30
(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.
(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.
An accounts receivable aging report for each customer within the city.
The number and capacity of each dumpster and compactor per account.
The address serviced by each dumpster and compactor.
The list of accounts within the city for which hand collection of bags/cans is provided.
The listing of city accounts that were charged -off as bad debts.
A list of vehicles and equipment to be used in the city.
(2)
(3)
(4)
(5)
(6)
(7)
(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)
Page 31
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 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
Page 32
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)
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
22-56 from "Franchise fee requirement; monthly franchise fee payment; approval by director as a
prerequisite to issuance; financial statements, list of accounts; account permit fees; roll -off
permit fees" to "Franchise fee requirement; monthly franchise fee payment; approval by city
commission as a prerequisite to issuance; financial statements, list of accounts; account permit
fees; roll -off permit fees." The historical notation has been preserved for reference purposes.
Sec. 22-57. - List of qualifications for franchises; term; nontransferability; rules and regulations; tests,
inspections and audits.
(a)
The city may franchise commercial solid waste haulers as defined herein to provide service to
commercial establishments as set forth in this article. The franchises issued, however, shall not limit
the right to renew local business tax receipts prior to the effective date of this amendment and, further,
will not impair existing written contracts between a franchisee and that of a commercial establishment
which are in full force and effect on the effective date hereof and said contract does not exceed the
effective date of the franchise. Each applicant for the franchise shall respond to a request for
qualifications issued by the procurement department. The request for qualifications shall include, as
minimum qualifications to be considered in the granting of such franchise:
(1) Certification that the applicant has satisfied all requirements of chapter 22 of the Code of the City
of Miami.
(2) Certification that the applicant has never defaulted on any governmental franchises, contracts,
permits or bid awards.
Page 33
(3)
Certification that no subsidiary affiliate, or parent corporation or business entity of the applicant
already has, or has applied for, an existing franchise. Franchises will not be issued to a subsidiary,
affiliate or parent company of an existing franchisee, or any franchisee.
(4) Certification that the applicant (or, if renewal, the franchise) is not and will not be, throughout the
term that it has a franchise, affiliated with an affiliated entity of any existing franchisee, or any
applicant for a franchise under this article, as a parent, or subsidiary, or by virtue of an interlocking
directorate or otherwise.
(b) Term. Said franchise shall be valid for a period of five years from date of issuance with one three-year
option to renew, and, at the expiration or 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
The current garbage, trash and waste disposal needs of the city, including, without limitation,
population, demographic and geographic needs.
(c) Transferability. The franchises granted pursuant to this section shall not be transferable by way of
assignment, sale, pledge, or other conveyance. Upon change of ownership, including transference of
a majority (51 percent or more) of stock and/or partnership shares, of any company to which a
franchise has been issued, a new franchise will be granted by the city commission if the new owner
satisfies the requirements of this article.
(d) The franchise provided for by this article is to ensure and facilitate a minimum standard of municipal
regulation of commercial waste collection within the city, to provide uniformity and quality of service
from the franchises granted hereunder, and to assure that the citizens of Miami have safe, efficient,
sanitary, permitted regulated and qualified solid waste, garbage and trash disposal contractors.
(e) The city may, at reasonable times during the term hereof, inspect any franchisee's facilities and
perform such test, as the city deems reasonably necessary, to determine whether the goods or
services required to be provided by franchisee under its franchise conform to the terms thereof, if
applicable. Each franchisee shall make available to the city reasonable facilities and render assistance
to facilitate the performance of all tests and/or inspections by city representatives. All tests and
inspections shall be subject to, and made in accordance with the provisions of this Code, as the same
may be amended or supplemented from time to time. Each franchisee shall allow city auditors, during
regular business hours and after reasonable notice, to audit, inspect and examine the franchisee's
financial records (as they relate to city revenue) including all fiscal books and records, sales tax returns,
bank statements, general ledger (vouching city revenue to the general ledger)
contract(s)/agreement(s) between franchisee and customer(s) and any other financial information
deemed necessary, in so far as such other financial information relates to city accounts, as well as the
franchisee's entire customer base, in order to confirm the franchisee's compliance with its franchise
agreement. Each franchisee shall pay a one and one-half percent penalty per month on any monies
due and owing to the city, as a direct result of an audit, from whatever applicable revenue stream
during the term of the franchise agreement. If a city audit reveals that a franchisee under -reported
gross receipts, and the audit shows additional revenue due to the city in an amount per fiscal year of
$20,000.00 or more, franchisee shall pay to the city the cost of conducting the audit. Upon audit
notification, a franchisee shall deliver all financial and other books and records to the city at no cost to
the city. Each franchisee shall allow city auditors to copy any financial related source documents when
deemed necessary to substantiate an audit finding.
(3)
Page 34
(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)
(b)
(c)
The city reserves unto itself the power to revoke all franchises pursuant to this chapter of the Code.
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.
The director may revoke a franchise for a violation or violations as aforementioned and may
immediately declare such franchise null and void, and upon such declaration, franchisee shall
immediately cease all operations, and shall be considered to have forfeited said franchise and the
rights acquired thereunder. Should the director decide to revoke a franchise, he/she shall provide the
franchisee with notice of such revocation and the reasons therefore. Upon receipt of such notice, the
franchisee may appeal said revocation to the city manager or the city manager's designee and the
appeal and hearing thereon shall be conducted in accordance with the procedures set forth in section
22-49.
(Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-18.14; Ord. No. 11837, § 2, 9-28-99; Ord. No.
12599, § 2, 10-14-04; Ord. No. 13194, § 2, 9-27-10)
Sec. 22-59. - Procedure upon violation of sections 22-46 through 22-58.
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
Page 35
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.
(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 propertys address, or upon
any occupant thereof. If the address of the owner is unknown to the finance director, and if the property
is unoccupied and the owner thereof has no agent or employee available for service of such notice,
the posting of a notice upon such property by the finance director shall constitute and be sufficient
notice to the owner thereof. All methods of giving notice as provided for herein are cumulative and
independent of the other, and the finance director may use one or all of the same as the finance
director may deem necessary.
(Ord. No. 10128, § 1, 7-10-86; Ord. No. 11184, § 9, 10-27-94; Code 1980, § 22-26; Ord. No.
11276, § 2, 7-13-95)
Sec. 22-89. - Waste and right-of-way cleaning fees shall constitute special assessment liens against all
improved real property.
(a)
Except as otherwise provided by this chapter, all owners of improved real property in the city are
required to have accumulations of garbage, bulky waste, and solid waste removed by the department,
and for such governmental service of garbage, bulky waste and solid waste collection, or the
availability of such service, all such improved real property shall be liable for the payment of the waste
and right-of-way cleaning fees set forth in this chapter. All such fees becoming due and payable on
and after January 1, 1983, shall constitute, and are hereby imposed as, special assessment liens
against the real property aforesaid, and until fully paid and discharged, or barred by law, shall remain
liens equal in rank and dignity with the lien of city and county ad valorem taxes and superior in rank
and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved.
Such fees shall become delinquent if not fully paid within 60 days after the due date. Total outstanding
balance for delinquent fees and related charges shall bear an interest charge of one percent per
Page 36
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 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
Page 37
former record title holder shall be personally liable for the delinquent waste fees, and not the
property.
(c) (1) Where property owners have paid delinquent waste fees for which they are not liable, a
refund or credit, if presented within the time period permitted by Florida Statutes, shall be given
for such payments in accordance with the provisions of this subsection upon written request and
delivery of all receipts evidencing payment of the delinquent waste fees for which a refund or
credit is sought. It shall be the duty and responsibility of the record title holder to furnish the
finance department with the information required by this subsection in order to release the
property from liability for such delinquent waste fees.
(2) Any person, firm, corporation or legal entity, other than the present owner of the property involved,
who pays any herein listed special assessment liens shall be entitled to receive an assignment of
the lien held by the city and shall be subrogated to the rights of the city in respect to the
enforcement of such lien.
(3)
The finance department is authorized and directed to execute and deliver, upon request, written
certificates certifying the amount of waste fees due upon any parcel of real property subject to
payment of waste fees, or certifying that no waste fees are due, which certificates shall be binding
upon the city. The finance department shall make rules and regulations prescribing procedures
governing the administration of the provisions of this chapter and providing procedures for the
payment of waste liens in periodic installments and the cancellation of waste liens, which rules
and regulations when approved by resolution of the city commission and filed in accordance with
the requirements of this chapter shall have the force and effect of law.
(Ord. No. 10128, § 1, 7-10-86; Ord. No. 10371, § 4, 1-14-88; Ord. No. 10475, § 1, 9-8-88; Ord.
No. 10600, § 1, 7-13-89; Code 1980, § 22-28)
Sec. 22-90. - Waste fee receipts.
Receipts evidencing the payment of waste fees, in such form as may be approved by the finance
director, shall be retained by the occupant of the premises covered thereby, and shall be exhibited upon
demand of any employees of the finance department. Failure to exhibit such receipt upon demand shall
constitute a violation of this chapter.
(Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-29)
Sec. 22-91. - Multiple occupancy of premises.
A commercial establishment and a residential establishment under the same ownership 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.
Page 38
(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 departments intent to seize the roll-off/container shall be posted to the roll-off/container which
is subject to seizure and impoundment. The department shall not seize any roll-off/container
within ten days from the posting of the written notice. In addition to posting notice, the department
shall also provide written notice of such seizure and impoundment to all persons, firms,
corporations, or other legal entities, whom the department knows, or with reasonable investigation
should know, to have a legal interest in the subject roll-off/container by certified mail, return receipt
requested, within 24 hours of posting notice. The written notice shall include the following:
a. The name of the city department or division issuing such notice.
b. The date upon which the notice was issued.
c. The date that the notice was posted to the roll-off/container.
d. The section number of the City Code or ordinance that has been violated.
e. Notice that the department will seize and impound the roll-off/container in the event that the
roll-off/container is not removed from the premises within ten days from the date of the
posting of the written notice.
f. Notice of the right to request a preliminary hearing, pursuant to section 22-94, to contest the
seizure and impoundment of the roll-off/container.
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-
(3)
g.
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 departments action shall be posted at the site
where the roll-off/container was located. In addition to posting notice, the department shall also
Page 39
provide written notice of such seizure and impoundment to all persons, firms, corporations, or
other legal entities, whom the department knows, or with reasonable investigation should know,
to have a legal interest in the subject roll-off/container by certified mail, return receipt requested,
within 24 hours of posting notice. The written notice shall include the following:
a. The name of the city department or division issuing such notice.
b. The date upon which the notice was issued.
c. The date that the notice was posted at the location where the roll-off/container was found.
d. The section number of the City Code or ordinance that has been violated.
e. Notice of the right to request a hearing, pursuant to section 22-94, to contest the seizure and
impoundment of the roll-off/container.
f. Notice of the right to request a hearing, pursuant to section 22-94, to contest the seizure and
impoundment of the roll-off/container and immediately retrieve the roll-off/container from the
department upon the posting with the department a cash bond in the amount of $500.00,
plus costs incurred by the department.
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.
g.
(b) Appointment and qualifications of sanitation inspectors, powers and duties.
(1) The city manager is hereby authorized to designate and appoint, as sanitation inspectors, certain
city employee(s), normally trained and assigned to inspection functions for the purpose of
enforcing this chapter and the rules and regulations pertaining thereto.
(2) Sanitation inspectors shall have the following qualifications:
a. A high school diploma or its equivalent.
b. Satisfactory completion of a course of at least 40 hours' duration pertaining to the duties of
sanitation inspectors, which course shall 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
Page 40
ofa 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
1st offense:
2nd offense:
3rd offense:
Each additional offense:
The placement of containers, garbage, trash, bulky and
on public rights -of -way
or industrial waste
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
Failure to inform NET service center of intent to discontinue service
Failure to screen container
Failure to remove raw or processed organic waste matter from food
service establishment
Fee
$262.50
525.00
1,050.00
1,050.00
Section
(Subsection)
22-46(b) and
22-47(6)
22-46(b) and
22-47(6)
22-46(b) and
22-47(6)
22-46(b) and
22-47(6)
79.00 22-2(e)
158.00 22-2(f)
262.50 22-2(b)
52.50 22-2(a)
52.50 22-2(c)
79.00 22-2(b)
Page 41
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
Disposal of trash or other waste materials placed in right-of-way at other
than authorized time
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
Litter on premises
52.50
52.50
52.50
52.50
79.00
525.00
79.00
525.00
525.00
525.00
1,050.00
1,050.00
157.50
525.00
262.50
79.00
79.00
79.00
52.50
22-5,
22-9
22-2(f)
22-2(f)
22-2(f)
22-8
22-6
22-18(b)
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)
22-9
Page 42
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 22-2(c)(4)
262.50 22-50
105.00 22-52
79.00 ch. 22
79.00 22(b)
262.50 22(b)
262.50 22-2(b)
22-6(e) and 22-
500.00
46
79.00 22-2
(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.
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.
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:
(f)
(g)
(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.
Page 43
(i) All violations of this chapter may be brought before the code enforcement board or may be prosecuted
in the county court.
(Ord. No. 10128, § 1, 7-10-86; Ord. No. 10535, § 2, 1-12-89; Ord. No. 11184, § 11, 10-27-94;
Code 1980, § 22-32; Ord. No. 11352, § 5, 4-25-96; Ord. No. 11703, § 15, 9-28-98; Ord. No.
11837, § 2, 9-28-99; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12400, § 2, 9-11-03; Ord. No.
12599, § 2, 10-14-04; Ord. No. 12835, § 2, 10-12-06; Ord. No. 12885, § 1, 2-8-07; Ord. No.
13142, § 9, 2-11-10; Ord. No. 13194, § 2, 9-27-10; Ord. No. 13317, § 2, 3-8-12)
Sec. 22-94. - Hearings.
(a)
The owner, or authorized representative, of a roll-off/container that has been seized and impounded
pursuant to subsections 22-93(a)(2) or 22-93(a)(3) of this chapter, may file a written request with the
department of hearing boards for a preliminary hearing within ten days from the date the department's
notice is mailed.
(1) The hearing shall be scheduled before a special master of the city within ten days of receipt of
the written request, excluding Saturdays, Sundays, and legal holidays.
(2) At the hearing, the city shall have the burden to show that probable cause existed to believe that
the roll-off/container constituted a public nuisance under chapter 22 of the City Code and was
subject to seizure and impoundment pursuant to subsection 22-93(a)(2). If the roll-off/container
was immediately seized and impounded pursuant to subsection 22-93(a)(3), the city shall have
the burden of showing that probable cause existed to believe that the roll-off/container constituted
a public nuisance under chapter 22 of the City Code and posed a health and safety concern.
The formal rules of evidence shall not apply at the hearing and hearsay and circumstantial
evidence is admissible.
(3)
(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.
If, after the hearing, the special master determines that probable cause did not exist, the roll-
off/container shall be released forthwith to the owner, or authorized representative, without the
imposition of the administrative civil penalty. If the owner, or authorized representative, has
already posted a bond for the immediate release of the roll-off/container, the bond shall be
refunded to the owner or authorized representative.
(b) The final hearing shall be scheduled and held, unless continued by order of the special master, no
later than 30 days after the date that the roll-off/container was seized and impounded. At the final
hearing, the city shall have the burden of showing by clear and convincing evidence that the roll-
off/container constituted a public nuisance under chapter 22 of the City Code. If the roll-off/container
was seized and impounded pursuant to subsection 22-93(a)(3), then the city must also show by clear
and convincing evidence that the roll-off/container posed a health and safety concern. If, after the
hearing, a finding is made that the roll-off/container was properly impounded and seized, then the
special master shall enter an order finding the owner of the roll-off/container civilly liable to the city for
an administrative civil penalty of up to $500.00, as outlined in subsections 22-93(a)(2)h. or 22-
93(a)(3)g., plus costs incurred by the department. If, after the hearing, a finding is made that the city
did not meet its burden of proof as set forth in this subsection, the roll-off/container shall be returned
to the owner along with any cash bond posted.
(5)
(Ord. No. 13317, § 2, 3-8-12)
Page 44
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
Footnotes:
--- (2) ---
IllEditors note,,,,,,,,,,,,,,,,- Oird. INo. 13044, § 2, adopted December 't 1 r 2008, amended airtlicIlm VV, § 22...1 1622...
,t 18 un uts entoiret,y to read as Iheirmun set curt Formerly, airtllcllle IV pertauned to Dot cIleaihng, and derived from
the Code of 't 980, §§ 22...36, 22... 7,, Card INrr. 10'121 , § 1, adopted Judy 10, `t 91 6, Card. INo t t '74,6, § `t ,
adopted January '12, 1999„
Sec. 22-113. - Intent.
The purpose of this article is to protect the public health, safety and welfare by:
(1) Establishing a program for identification and registration of vacant lots.
(2) Establishing the responsibilities of owners of lots.
(3) Providing for administration, enforcement and penalties.
(4) Allowing the city police department to enforce the trespassing penalties described in F.S. § 810.08
on lots.
(5)
Providing a fair, equitable, and efficient method of allocating and apportioning the assessed
service costs, which constitute a special benefit to residential and commercial properties, among
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
Page 45
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) 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.
Page 46
(c) The code inspector, as defined in section 2-811, shall give the notice by registered or certified mail to
the owner of the property at the owner's last known mailing address, as disclosed by the city records
or by county tax rolls, or at the property's street address, or upon any occupant thereof, or upon any
agent or employee of the owner thereof. Said notice shall be deemed sufficient when so addressed
and deposited in the United States mail with proper postage prepaid. If the address of the owner is
unknown to the code inspector, as defined in section 2-811, and if the property is unoccupied and the
owner thereof has no agent or employee available for service of such notice, the posting of a notice
upon such property by the code inspector, as defined in section 2-811, shall constitute and be sufficient
notice to the owner thereof. All methods of giving notice as provided for herein are cumulative and
independent of the other, and the code inspector, as defined in section 2-811, 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.
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.
Vacant lots that are not maintained in a clean and sanitary manner and are in repeated violation of this
section shall be subject to the city's Continual Maintenance Program ("CMP") and shall be notified of
such by certified mail and posting on the property. The CMP will allow city employees and/or vendors
to enter upon the vacant land for maintenance and lot clearing purposes after due notice is provided.
(e)
(f)
(Ord. No. 13044, § 2, 12-11-08; Ord. No. 13647, § 2, 11-17-16)
Sec. 22-118. - Cost of clearing as lien on property —collection, foreclosure and sale.
(a)
In case the work is done or caused to be done by the city, the code inspector, as defined in section 2-
811, shall keep an itemized accounting of expenses of the work done and the cost thereof including
an administrative charge of $150.00 and mail the statement to the owner of the property. The owner
shall have ten days from the date the request for payment has been served to appeal the lot clearing
process and/or the amount of the expenses and costs. If the statement is not paid or appealed within
ten days, the amount shall bear interest at the maximum statutory rate allowable by law until paid.
Such amounts, together with all penalties imposed thereon, shall constitute, and are hereby imposed
as special assessment liens against the real property aforesaid, and until fully paid and discharged, or
barred by law, shall remain liens equal in rank and dignity with the line of city and county ad valorem
taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against
the real property involved. Such liens shall be enforced by any of the methods provided in F.S. ch. 86
or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions
applicable to practice, pleading and procedure for the foreclosure of mortgages on real estate set forth
in state statutes, or may be foreclosed pursuant to F.S. ch. 173, or the collection and enforcement of
payment thereof may be accomplished by any other method authorized by law. The payment of all
costs of collection, including reasonable attorneys 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.
Costs associated with CMP lot maintenance and lot clearing will be considered as a special
assessment on the property as with all other lot clearing and maintenance expenses pursuant to F.S.
§ 170.201 and F.S. ch. 173.
(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.
Page 47
(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 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; Ord. No. 13647, § 2, 11-17-16)
Sec. 22-119. - 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 PROPERTYLJ
Page 48
Footnotes:
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Sec. 22-146. - Removal from private property.
(a)
It shall be unlawful to park, place, store or leave any abandoned property on private property in the
city, unless it is in connection with a purpose or business enterprise lawfully situated and licensed; any
article of abandoned property parked and/or stored in connection with a legitimate business enterprise
shall be parked and/or stored in complete compliance with the city's zoning ordinance.
(b) Whenever the code inspector, as defined in section 2-811, shall ascertain that an article or articles of
abandoned property are present on private property within the limits of the city in violation of the zoning
ordinance or regulation, the antilitter ordinance or regulation, or other similar ordinance or regulation
of the city, the enforcement officer shall cause a notice to be placed upon such article in substantially
the following form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY.
This property, to wit: (setting forth brief description) located at (setting forth brief description of location)
is improperly stored and is in violation of (setting forth ordinance or regulation violated) and must be
removed within ten days or, if the property is a boat, 30 days from date of this notice; otherwise it shall
be presumed to be abandoned property and will be removed and destroyed by order of
(enforcement officer) unless a request for hearing as provided in Code of the City of Miami section 22-
93 is filed by owner with the enforcement officer within the specified timeframe for removal of the
property as set forth herein, thereby staying the enforcement officers action pending the outcome of
the hearing. If no hearing is requested the property will be removed and destroyed. If the property is a
motor vehicle or boat, the owner will be liable for the costs of removal and destruction. Dated this:
(setting forth date of posting of notice). Signed: (setting forth name, title, address and telephone
number of enforcement officer).
(c) Such notice shall not be less than eight inches by ten inches and shall be sufficiently weatherproof to
withstand normal exposure to the elements for a period of ten days. In addition to posting the notice,
and on or before the date of posting, the enforcement officer shall make a reasonable effort to ascertain
the name and address of the owner. If such is reasonably available to the officer, he shall mail a copy
of such notice to the owner on or before the date of posting. If the property is a motor vehicle as defined
in F.S. § 320.01(1) or a vessel as defined in F.S. § 327.02(27), the law enforcement agency shall
contact the state department of highway safety and motor vehicles or the state department of
environmental protection, respectively, in order to determine the name and address of the owner and
any person who has filed a lien on the vehicle or vessel as provided in F.S. § 319.27(2) or (3) or F.S.
§ 328.15(1). On receipt of this information, the enforcement agency shall mail a copy of the notice by
certified mail, return receipt requested, to the owner and to the lienholder, if any.
(d) If, at the end of ten days or if the property is a boat, at the end of 30 days after posting such notice,
the owner or any person interested in the abandoned article described in such notice has not removed
the article and has not requested a hearing in compliance with the ordinance or regulation cited in the
notice, the enforcement officer may cause the article of abandoned property to be removed and
destroyed. The salvage value, if any, of such article shall be retained by the city to be applied against
the cost of removal and destruction thereof, unless the costs of removal and destruction are paid by
the owner as provided in section 22-147 hereof, in which case the salvage value may be deposited in
the city's general fund.
(Ord. No. 10128, § 1, 7-10-86; Code 1980, § 22-40)
Page 49
Sec. 22-147. - 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)
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
Page 50
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.
Notification. Whenever the enforcement officer ascertains that a donation collection bin is present on
any property within unincorporated Dade County, the officer shall cause a notice to be placed on such
bin in substantially the following form:
NOTICE
This donation collection bin is unlawfully upon property known as (setting forth brief description of location)
and must be removed within 72 hours from the time of this notice. Failure to remove the bin shall result in
the removal and destruction of the bin by order of the City of Miami.
Date this: (setting forth the date, time of posting of the notice) Signed: (setting forth name, with the address
and telephone number of the enforcement officer).
Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to
withstand normal exposure to the elements.
(d) Removal of donation collection bin. If at the end of 72 hours after posting of such notice, the donation
collection bin has not been removed from the property, the enforcement officer shall cause the bin to
be removed.
(e) Assistance of city police department. If the enforcement officer is unable to successfully remove a
donation collection bin subject to seizure under this section, the enforcement officer or his designated
representatives may secure the assistance of the City of Miami police department to effect the removal
of said bin.
(f)
(g)
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.
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
Sec. 22-170. - Established.
Page 51
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;
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;
Adopting bylaws and resolutions consistent with the powers delegated to the committee by the
commission;
(3)
(5)
(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;
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 haulers
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;
(7)
(8) 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
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.
(9)
(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.
Page 52
(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.
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) 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)
(5)
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)
Secs. 22-175-22-179. - Reserved.
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ARTICLE VIII. - HANDBILLS
Sec. 22-180. - Definitions.
Benefactor means 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.
Handbill 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.
Litter means 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 day means a 24-hour period from noon to noon.
Person, benefactor, or owner include, 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)
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
Page 54
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.
(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)
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.
Page 55
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;
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.
(3)
(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, 3-12-15)
Note— See editor's note at section 22-183.
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