HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Ordinance: 13693
City Hall
3500 Pan American Drive
Miami, FL 33133
www,mlamigov.com
File Number: 1749 Final' Action Date: 7/13/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"GARBAGE AND OTHER SOLID WASTE," BY UPDATING AND CLARIFYING
THE PROCESS FOR COLLECTION OF GARBAGE AND OTHER SOLID WASTE
IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Wifredo Gort, Chair Keon Hardemon
WHEREAS, the control, collection and removal of garbage and other solid waste is an
essential' function the City of Miami (''City") provides its residents and businesses; and
WHEREAS, overtime regulations related to the collection and removal of garbage and
other solid waste need to be adjusted to keep up with the current demands and requirements of
both the City and the residents and businesses it serves; and
WHEREAS, the City is home to lush vegetation enjoyed year-round which also requires
greater care and management by home owners, landscapers, and gardeners; and
WHEREAS, the current iteration of Chapter 22 of the Code of the City of Miami, Florida,
as amended ("City Code"), needs updating and clarification; and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to update Chapter 22 of the City Code as herein stated;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 22 of the City Code is amended in the following particular
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
ARTICLE 1. IN GENERAL
Sec. 22-1. Definition
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami
Page 1 of 40 File ID: 1749 (Revision: A) Printed On: 6!11/2018
Fie ID: 1749
Enactment Number: 13693
For the purpose of this chapter, the definitions contained in this section shall apply une
otherwise specifically stated.
Additional Leased Garbage Container(s), The words "Additional Leased Garbage
Container(s)" shall mean one (1') or more additional garbage container(s) leased by an
Assessed Property owner pursuant to Sections 22-2 and 22-12 of the City Code.
Annual Franchise Fee, The words "Annual Franchise Fee" shall mean the yearly fee
charged by the City of Miami ("City") to each Franchisee who operates within the City limits and
collects Garbage and Trash. See Section 22-50(b) of the City Code,
Annual Specialized Waste Handling Fee. The words "Annual Specialized Waste
Handling Fee" shall mean the yearly fee charged by the City to each Franchisee which operates
within the City limits and collects Trash, excluding Garbage. See Section 22-50(c) of the City
Code.
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 tepppwords "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.
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.
Collection Area. The words "Collection Area" shall mean the entire boundary of the City
at ai times.
City of Miami
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Commercial business. The tcrmwordo"commercial business" ohmU mean and include
all nobaU, professional, who|gmo|e. and industrial facilities and any other commercial
enterprises, for profit or not for profit, offering goods or services to the public.
Commercial Hauler. The words "Commercial Hauler" ahmU mean a licensed City
Franchisee that operates within the City limits and provides certain services to Multi -Family and
Commercial Buninessesino|udinN but not limited to Gerbaqe. Trash, F(eoyo|inq. RnU-off, and
specialized waste handling service.
Commercial Landscaper. The words "Commercial Landscaper" shall mean anindividual
or orclanization registered with the City (see Section 22-10 of the City Code) to provide grounds
and |ondooapin4services toresidences and/or commercial properties within the City for qroumds
up -keep and maintenance.
Commercial property, The words "commercial property" shall mean any hotel, motel,
roominghouse, tourist court, trailer park, bungalow court, apartment building with rental
aportnnents, 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
madefined inthis section.
Commercial solid waste. The tew*evvVrds "commercial solid vvaeha" shall mean every
vvaa±e accumulation, including but not limited to, dunt, paper, paper cartons, cardboard
cartona, axc8|o|or, nogs, garbage, p|ayt|os, metal containers, recyclable rnoterio|, garden and
yard clippings and cuttingm, bulky vvoote and other waste which in usually attendant to the
operations ofcommercial businesses ormultifamily residences.
Commercial solid waste & Recyclinq advisory committee. The words "commercial solid
vvoyte & F<eryo|inq advinnryoommittee~ shall bndefined an on elected/appointed/selected
body created for the purpose of providing advice and recommendations on commercial solid
waste issues within the city imconjunction andcoVpnraUonvviththmUepartrnentofoo|idvveate.
Commercial solid waste service. The teffawords "commercial solid waste service" shall
mean the collection and disposal of garbage, trash, recycling, solid and processable waste for
all busimans, nommnnno:io|, industrial, na|igioue, heo|th, educational, governmental and quasi -
governmental establishments, including the collection and disposal of construction and
demolition debris.
Condominiums. The words "condominiums" or "condominium buiKdimgs"mhoU be
deemed tomean any building orstructure 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 (1) or more persons, and in which there is
appurtenant to each unit an undivided share in common e|ementn, except for properties
excluded by City Resolution No. 11807, adopted on June 22, 1999. Any condominiums with
three (3) or more dwe|Uing units therein shall be classified as cnmnnen:ioU establishments for
purposes ofthis chapter.
Construction and demolition debris. The words "construction and demolition debris"
shall mean rno&erio|s generally vpnnidanad to be not water soluble and nonhazardous in
matuna, inc|udimg, but not limited to, steel, glass, brink, connnotm, asphalt roofing rnoteha|, pipe,
gypsum wallboard, and lumber, from the construction or destruction of structure as part ofu
construction or demolition project, and including rooho, oo0e, tree remainm, tmaam, and other
City mMiami Page xm*o File ID: 1nm(Revision: A) Printed on: 611112018
File ID: 1749 Enactment Number: 13693
vegetative matter which normally results from land clearing or land development operations
for a construction project, including such debris from construction of structures at a site
remote from the construction or demolition project site. Mixing of construction and demolition
debris with other types of solid waste, including material from a construction or demolition site
which is not from the actual construction or destruction of a structure, will cause it to be
classified as other than construction and demolition debris. The term also includes:
(a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction
project;
(b) Except as provided in § 403.707(12)(j), Fla. Stat., unpainted, non -treated wood
scraps from facilities manufacturing materials used for construction of structures or their
components and unpainted; non -treated 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. The words "Construction Dumpster or Roll -Off shall
mean an Aapproved 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.
Cartontainer-on-wheels: The words "caFtontainer-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.
Containerized waste. The words "containerized waste" shall mean and include refuse,
not to include garbage as defined herein, which is placed in canontainers, plastic bags, and/or
bulk containers not exceeding three feet in length or weighing more than 50 pounds.
Curbside. The word "Curbside" shall mean 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. The word "Dumping" shall mean& to throw, discard, place, deposit or bury
any litter and/or refuse except where permitted.
City of Miami
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Enactment Number: 1
DunroatecThe word ^Durnpobar" shall mean 4anapproved metal container onwheels
with tightfitting solid top and e minimum capacity ofone cubic yard or2O2gallons,
Enforcement officer, The words "enforcement officer" shall mean designated agents of
the city nnanager, acting bvand through him/hor, 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
I .
Franchisee, The word "franchisee" shall mean a private commercial solid waste4irm
that |sgranted a nonexclusive franchise by the city, to remove and dispose of solid waste from
commercial propertieo, which is required to pay o percentage of its gross monthly earnings to
the city pursuant to the provisions of this chapter.
Franchise agreement. The termwords "franchise agreement" shall mean a non-
exc|uaiveagneementbehmaenthach»andaquo|ifiedfirmtoprovidevonnmercia|pnUdvvmsh:
oervioeo, as defined in this cbapter, within the city.
Franchise fees. The te*n*vvorda "franchise fees"' nhu|[ mean and incKude, but is not
limited to, permit per account #en/a\.annual franchise fee(s).annual specialized waste
handling fee(s) annual safety inspection fee(s), and temporary rell Gff GeRtalRel: PGFM!t fee(s
and oofcty |ospootion fcc(o). the monthi|ypemcenhsqeofGross Receipts remitted tothe City by
each Franchisee, See Section 22-56 and Section 22-50 of the City Code, as amended.
Garbage. The word "garbage" shall mean every refuse accumulation of animal, fruit or
vegetable matter that attends the prepanation, use, nnnhin8 and dealing in, or storage of
edibles, and any other matter, of any nature whatsoever, which is subject to decay,
putrefaction and the generation nfnoxious Vroffensive gases nrodors, orwhich, during or
after decay, may serve an breeding or feeding mnknrio| for flies or other g!erm-carrying insects.
Garbage oeponboinxer. The words "garbage oa44ombaimer"shall mean agalvanized
metal, durable plastic or other suitable nnoteho| container of the type commonly sold as a
garbage capontainer, including wheeled containers, of a capacity not less than 20 gallo'ns and
not to exceed 80 gaUons, having oi|^oottwo hond|co upon the :idco thoroo[ sufficiently
strong for workmen to be emptyied conveniently, or a bail' by which it may be lifted, and a
tightfitting metoU orplastic top with hend|e, and snconstructed mobo 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! befree ofjagged orsharp edges.
Gross receipts. The texFmworda "gross nanehzbs shall mean all mon:hao, whether paid by
canh, check. deb[t Gr: credit, or any other |eqaU form of payment, resulting from all transactions
and activities, within the city, in the franchisee's regular course of business and trade
including administrative fees, garbage, industrial, solid waste, used cooking oil waste,
environmental charges and fees, conitainerized waste s,ervices,,cquipmcnt rcntal and leasing,
fuel surcharge, construction and demolition dnbrim, roofing materials, trash, |itter,
maintenamoe, compootora, refuse and/or rubbish collection removal and disposal services
rendored, hand bag collection, recycling(axduUinq Recovered Materials at commercial
establishments as defined by §403.703. Florida Shatut8e), or from any other source related
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Enactment Number; 1 3693
directly or indirectly from waste collection services, including, RS but not limited
to, all income derived from leasing and renting of real or tangible personal preparty-,- the use of
dump trucks, grappling 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
Franchise Fees herein and taxes as provided by law, whether wholly or partially collected
within the city, less bad debts. Gross receipts shall not include income derived from the
transportation, storage, treatment, collection, and removal of biomedical, biological, or
hazardous waste as herein defined.
Hazardous waste. The words "hazardous waste" shall mean solid waste, or a
combination of solid wastes, which because of its quantity, concentration, or physical,
chemical or infectious characteristics may cause, or significantly contribute to, an increase in
mortality or an increase in serious irreversible or incapacitating reversible illness or may pose
a substantial present or potential hazard to human health or the environment when improperly
transported, disposed of, stored, treated or otherwise managed.
Hazardous waste collector. The words "hazardous waste collector" shall mean any
private solid waste contractor who collects, transports or disposes of hazardous waste and
shall be subject to a registration fee as provided for in § 403.7046, Fla. Stat.
Health and safety concern. The tefmwords "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 termwords "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. The words "'Landscape Firm" shall mean Llandscape architects,
landscape contractors, landscape maintenance firms and all others doing work similar to that
performed by landscape architects, landscape contractors and landscape maintenance firms
doing business within the city.
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Fie ID: 1749 Enactment Number: 13693
Large residential trash. The teicmwords "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 termwords "local government registration fee"
shall mean the annuat October 1st through September 30th, charge assessed by the city to
recovered materials dealers and other businesses deemed as being required to register with
the City as a service provider in the designated category, 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,orida
Statutes with regard to recovered materials, and other businesses of a designated category,
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. The words "Modified Recycling Program" shall mean Anan
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 of the City Code.
Mow. The word "mow" shall mean to cut down grass or similar growth with a
mechanical device such as lawn mower.
Multifamily residence. The ter-mwords "mu tifamily residence" shall mean and include
any building or structure containing four (4) or more contiguous living units and intended
exclusively for residential purposes,
NET. The terrmword "NET" shall mean the Neighborhood Enhancement Team.
Neighborhood cleanups. The te-r-Fewords "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 te-r-mwords "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
City of Miami
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File ID: 1749 Enactment Number: 13693
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 words "organic waste" shall mean a type of waste material
which can be broken down into its base compounds by micro-organisms and other living
things, regardless of thc contents of the what those compounds may be, and can be
commonly found in municipal solid waste such as green waste, food waste, paper waste, and
biodegradable plastics. The words "Organic Waste" specifically do not include waste as
defined by the Recoverable Materials definition and the associated exemption under Section
403.7046, Florida Statutes.
Permit per account fee. The ter-rwords "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 teimwords ''produce market" shall mean the area in which
produce vendors congregate and sell their products bounded by NW 110h Avenue to the east,
NW 22nd Avenue to the west, NW 23Street to the north, and NW 201h Street to the south.
Public nuisance. The termwords "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 with or without a city franchise agreement and poses a threat to the health and
safety of the community.
Recovered materials, The words "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 ter-FR words "recyclable material: shall mean those materials
which are capable of being recycled and which would otherwise be processed or disposed of
as solid waste.
RecyclingThe termword "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.
City of Miami
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Refuse. The word "refuse" shall moan any garbage, garden trash, industrial' waste,
noncombustible refuse, rubbish, waste, bulk waste, containerized waste and/or solid waste.
Residential unit. The tefm words "residential unit" shall mean any structure used or
constructed or modified or adopted for use as a single-family dwelling, duplex, cluster
hnusing, townhouse or nnu|Up|n-farniiy apartment building or other similar structure containing
three or fewer residential units, and which is located on a sUngUe |ot, parcel or tract of land.
Each dwelling unit of dup|ox, cluster hmusing, tovvnhouno, ornnu|1ip|e'fann0y building or other
similar structure shall bedeemed aseparate residence.
iner. The "roll-off/container" shall: mean m metal container,
compacted or upen, with or without vvhee|s, designed and used by nonexclusive commercial
solid waste haulers and/or other companies for the collection and disposal of construction
debris, demolition debris and/or large quantities of trash and/or bulky vvaste, but not garbage
orcommercial refuse.
uveu.AThe word "rooming house" shall mean -is any|eQa|
nonconfomninOa-residentia| building used, or intended to he used, as a place where sleeping
or housekeeping accommodations are furnished or provided for pay to transient or permanent
guests ortenants which does not maintain a public dining room or cafe in the same building or
in any building in connection therewith. AThe word "boardinghouse" is -shall mean an
establishment where meals are regularly prepared and served for compensation for five or
more persona, and vvhora most ofthe food is placed upon the table family style without
service orordering of individual portions from o 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 nfstay.
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 same as breeding places for mosquitoes or other water breeding
insects; rubbish shall not include noncombustible refuse, as defined above.
8efeh/ inspection fee. The#+rpevvVnjo "safety inspection fee" shall mean regulatory
fee pursuant to F.S. § 166.221, imposed by the sollid waste director upon a franchisee for
inspection of substandard, unsafe, or inoperable vehicles and/or equipment.
3crnen/ng.AJ'heYvord"Gcreenincl"shoUrneona|ondao8pedon*avvithshrubsthroe(3)
feet in height at time of planting to form a continuous, unbroken solid buffer, or five -foot -high
fnmom orC.B.S.wall finished and painted on both sideabo provide a visual barrier.
Service unit. The words "service unit" shall mean four sleeping rooms or 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
tnnsh, including shrubbery, vines, and branches capable cf 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 onnurnu|otinns of lawn, grass or shrubbery cuttings or clippings and leaf nak|ngs,
free of dirt, rnck. large branches and bulky or noncombustible rnaberio|o which can be
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containerized and not weigh over 50 pounds, pnrcapnntainer; and accumulations of tree
branches, tree limbs, parts of tneep, bushes and shrubbery which are uptothree 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-denno|iUon, nom'biomed|ca| material small enough tV be bagged, bund|eU, 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 nnmbnhmi including solid, |iqu[d, memimo[id, or contained gaseous mmbahuU mnnuh0nB
from domestic, industrial, commercial, mining, agricultural or governmental operations.
Solid waste disposal and resource recovery facility. The words "solid waste disposal
and resource recovery facility" shall mean any solid waste disposal area, volume reduction
p|mnt, transfer station nrother facility, the purpose of which is resource recovery or the
disposa|, naoyo|ing, pmncenoing, transfer orstorage ofsolid waste.
Source separated. The terpRwords "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 material's be separated
from each other and recognizes de minimissn|id wastn, in accordance with industry standards
and pnactioes, may be included in the recovered materials. Materials are not considered
source separated when two (2) 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 subyeotion, the term "various types of recovered materials''
means meto|s, paper, gUaua, plastic, textiles, and rubber.
Special Events. The teFmwordo"Special Events" shall mean Events asdelineated in
Section 22'171(a)(7)ofthe City Code and any other designated Event designated anaSpecial
Event bythe City Commission, City Manager and/or Designee,
Special non-residential trash collection. The te**:pwords "special non-residential trash
collection" shall mean yard and garden trash weighing more than 50 pounds, too large to be
containerized for commercial ooUeotiVn, 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 net out orfines will be incurred.
Special residential collection. The teFrnwords "special residential collection" shall mean
acoUectimn of non -hazardous, non -industrial, waste beyond the normal city garbage, tnaeh,
and recycling, including bulky waste and large tnsoh, for which residents or property owners
will be charged the cost of collection, disposal and the appropriate admiinistrative fees. Such
collection excludes asbestos, whole or used tires, oil, lead -acid batteries, mercury lights,
connbustib|n, hozordmus, biomedical and biological waste.
Specialized waste handler. The words "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 towhite goods, waste
tires, used oil, lead -acid batteries, construction and demolition debris, ash residue and
biomedical and biological waste,
City of Miami
Page mof*o File ID: 1w* (Revision: A)Printed on: 611mmm
File ID: 1749 Enactment Number: 13693
Specialized waste. The te-rmwords "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 ter-mwords ''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 ter-mwords "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 t-e-r-mwords ''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.
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 hovo o cufficiontbe
provided with one (1) City issued Garbage Container per each Residential Unit to
accommodate all garbage, small trash or rubbish to be removed by the city. Should the-G-4y
gGarbage 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 and containers shall be
picked up at the end of the collection day.. Single and Multifamily Residences receiving Solid
Waste services bv the City may elect to lease additional City issued Garbage Containers for
an annual fee equivalent to twenty percent (20%) of the annual Solid Waste assessment fee
City of Miami
Page 11 of 40 File ID: 1749 (Revision: A) Printed on: 6/11/2018
File ID: 1749 Enactment w"mbec1x«»»
set forth by Resolution of the City Commission. The leased Gorbeqe Containers will be
assessed onthe property owner's tax bill ononannual basis, except aaprovided for in
Section 22-12(b)(2)ofthe City Code, Should the request for anadditional GarbeqeContainer
occur after the annual assessment has been! issued, payment must bemade bycheck ono
prorated basis. The Keane shall be for o one (1) year period and cannot be prorated.
(b) EverycomnnerrioU property shall utilize the vvosb* om||notiom services of franchisee
authorized toperform such services bythe city commission. |tshall bothe responsibility ofthe
owner, occupant, tenant or lessee of the commercial establishment to properly dispose of all
trash, waste and garbage generated bysuch commercial property. Each commercial property
in the city shall have a sufficient number ofenhedu|ed coUeot|onn, garbage cenmntoinero.
plastic bags nrportable containers tn accommodate all garbaga, bundled garden trash or
rubbish to be removed bythe franchisees. Franchisees shall be required to remove all refuse
placed or spilled within a ten foot radius of the container being serviond. Smn/ioo minimums for
rnu|t|-tsrni|y dwellings shall be as follows: 1 4 Units 2 CY @ 2 x per week; 5--8 Units 3
CY@2xper week nr2CY@3xper week; 9 12Unit* �GY@2xper week; 13 16
'
,
33 ^4-J+4-_ 8CY@3xper week; and over 18 Units 8CY@ 5wper week delineated in
SectiVn22-14(b). Noncompliance with any portion cfthis section shall be punishable in o
manner set forth in sections 22'6 and 22-S3Vfthe City Code.
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 nemter, 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 son/ioeo for that commercial property. Duplicate copies of this
notice shall besimultaneously mailed bythe franchisee to the department and the NET
service center for the area where such service will be discontinued., A oonnmnero[a| property
which does not have current waste collection services being furnished shall be subject to
having anadministrative service fee imposed pursuant tosection 22-gJ.
All food service properties producing raw or processed organic waste matter as a
major portion oftheir waste stream ohoU provide for the removal of such material a minimum
ofthree times per week.
/n> The garbage or trash container site for commercial properties shall:
(1) Be situated in aneasily accessible location, for collectors;
/2\ Beoplatform constructed ofconcrete above ground level inthe case ofe
commercial proparty, and ahaU| be large enough toaccommodate an appropriately
sized clurnpsterfor the facility being serviced;
(3) Be constructed in such o manner aotodiscourage oreliminate the possibility of
rodents breeding under the p|atforrm; and
(4) Be screened from any otreet, o||ey, sidewalk or adjacent property. Such screening
shall be maintained in perpetuity by the property owner. Screening shall be
nonstructednfoha[n|inkfenoinQvviths|ota(oyn|omefenoimg)Orvvoodp|chetfencing.
Sunken containers are hereby declared to be hazardous tothe health, welfare and safety of
the residents of and visitors to the city and to the �ity'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.
City of Miami Page om*n File ID: /nm(Revision./) Printed on: (mumm
File ID: 1749
Enactment Number: 13693
Franchisees will be responsible for servicing of containers until such time as they have been
removed. Commercialmultifamily 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 canontainers, 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 canontainers, dumpsters or containers,
(f) The director or director's designee is hereby required and granted full power and
authority to designate the location of containers and the number of containers to be kept at
each location. Any waste containers which do not conform to the provisions of this chapter or
which contain other defects likely to hamper the collection of or injure the person collecting the
contents thereof are illegal. Such containers shall be promptly replaced by the owner or user
of the container upon receipt of written notice of said defect. All containers shall contain
identification of the private hauling company providing the service, and must be clean, kept
closed, and free of graffiti. At no time will the department service any such illegal containers.
Portable containers declared a public nuisance or to be unserviceable with no identifying
marks visible to the code enforcement inspectors shall be removed at the discretion of the
director.
(g) Newspapers and other salvageable materials defined as aluminum cans, glass
bottles, metal and tin cans, shall be separated from all other solid waste material and may be
placed in the container provided by the city for these materials or otherwise be recycled.
(h) Commercial containers located on public property shall be deemed abandoned and
will be removed by the city at the owner's expense, pursuant to this chapter of the Code.
Service is to be made from streets and driveways and trucks used for this purpose shall not
be driven or parked on sidewalks at any time,
(i) Commercial property owners may request special collection of large yard and
garden trash as defined herein by the department by calling for approval and scheduling, prior
to setting out material. No approval by the department director or designee will be issued for
said premise until the director has made a finding of compliance with the terms of this and all
other chapters of this Code and other applicable regulations and laws.
*
*
City of Miami Page 13 o 40 File ID: 1749 (Revision: A) Printed on: 6/ 2018
File ID: 1749
Enactment Number: 13693
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.
tease agreement
commercial solid waste franchisee. No certificate of occupancy shall be issued for said
premises until thc director has made a finding of complb ow thctorms of this chapter,
Failure to have or renew a Certificate of Use will be enforced pursuant to Chapter 2, Article X
and nothing contained in this Article shall prohibit the City from enforcing the City Code by any
other means. The enforcement procedures outlined herein are cumulative to all others and
shall not be deemed to be prerequisites to filing suit for the enforcement of any Section, of this
Code,
For any location with a previously issued Certificate of Use, which expires on an annual
basis, the Certificate of Use holder must show evidence of a contract for Commercial Solid
Waste services with an approved Commercial Solid Waste Franchisee at the time of the annual
renewal due date. Failure of the applicant to obtain a valid Certificate of Use will result in the
following:
After 45 calendar days after re -issuance of a Certificate of Use, a $262.50 penalty violation
will be issued for non-compliance.
After 90 calendar days after re -issuance of a Certificate of Use, a $525.50 penalty violation
will be issued for non-compliance.
After 120 calendar days after re -issuance of a Certificate of Use, a $1,050.00 penalty
violation will be issued for non-compliance.
Each additional 120 calendar days, a $1,050.00.00 penalty violation will be issued for non-
compliance.
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.
City of Miami Page 14 of 40 File ID: 1749 (Revision: A) Printed on: 6/11/2018
File ID: 1749 Enactment Number: om690
(c)Prohibited, moto\.The following shall beunlawful:
(1) Dumping litter and/or refuse inany manner nramount whatsoever hnoronany
public highvvay, roud, atreat, oUey, thnnomghfmre, mrany other public lands, except in
containers orareas lawfully provided therefor, The provisions ofF.S. oh. 403.413'as
amended, shall apply toall public riQh1m-of-vvaywithin the city,
(2) Omnmping litter and/or refuse in or on any freshwater lakes, cama|o, rivers or streams
or tidal or coastal waters of the city.
(3) Dumping fitter 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 bythe county health
d*partment, provided said litter and/or refuse will not cause a public nuisance or be in
viVlofion of any other state or local laws or regulations.
(4)8w/soping. blowing by mechanical rnnans or dumping litter and/or refuse including
stagnant water ordead animals into. upon or along the drain, gutter, mU*y. lane,,
sidewalk, street or vacant |n\, or in any public or private: pnemmines within the municipal
limits of the city.
(5) CausinU, mointoininQ, permitting or allowing the accumulation of any litter orrefuse
onany construction orbuilding site before, during orafter completion ofsaid
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 tohave omthe construction orbuiUdingsite adequate facilities for the disposing of
said litter and refuse and tomake 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 ofa building permit.
(6) Disposing of the carcass of any dead anirna|, domestic nrotherwise, by the
thrnm/ing, discarding, placing or depositing of said carcass in or on any of the locations
noted in subsections (o)(1) through (3) of this section.
(7) Discarding of garbage, fruit, or other matter subject to putrefaction, rotting or decay
at minidmrnps shall constitute o violation ofthis chapter, KYinidumpo are restricted to
use by residents of the o|1y for the deposit of bulky waste from residential properties.
The method: mftransporting this waste shall be as prescribed in Section 22'7herein.
(8�)Obntructing use ofpublic facility, salvaging or vandalism by ally person on the
pronmises at which mninidunnps are located constitutes a violation of this chapter,
/dl It shall be unlawful for any owner, OCcup@rt, lessee, emmD|Oyee, 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 miniclumps, public rights -of -way,
city property nrany unauthorized disposal location.
(e) It shall be unilawful for any person, franchisee, firm, corporation or other legal entity
to coNect, remove or transport any S0Ud w«aabB material for compensation from any location or
premises within the city without first having been granted a nonexclusive franchise by the city.
(f) It shall be unlawful for any person, firm, corporation or other legal entity to uti'lize the
services ofany commercial solid waste collector who does not have mvalid city solid waste
nonexclusive franchise,
(o) 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 prohiibited, a public nuisance
and to subject violators of this section to the provisions of this chapter calling for nBrnova| of
such a public nuisance through motiCe, hearing and a lien enforcement procedure if the city so
City mMiami Page 15 of 40 pile ID: ,my(Revision: A) Printed on: 611112018
File ID: 1749 Enactment Number: 13693
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. §403A13, also known as the "Florida Litter
Law," and chapter 15 of the Code of Metropolitan Dade County, as amended from time to
time, are hereby added to this Code of Ordinances and incorporated by reference herein. The
city commission also respectfully suggests to any court finding persons guilty of violations of
the "Florida Litter Law" that the provisions of F.S. ch. 948, "Probation,'be utilized liberally in
order to require such persons to expend appropriate amounts of time and effort gathering up
litter and refuse at places within the city as may be designated by the court,
(i) Noncompliance with any section shall be punishable in a manner as provided in
sections 22-6 and 22-93. Noncompliance may result in the city's taking such action as it
deems appropriate under the circumstances, and a lien shall be imposed against the property
for recovery of all costs involved.
(j) A civil fine of $500.00 per occurrence shall be imposed for littering and for illegal
dumping by individuals and a fine of $1,050,00 per occurrence for Littennq and for Hie a
Dumping when being done using a private vehicle.
(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.
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. It is specifically the responsibility of the owner, tenant, and occupant of any parcel of
land to ensure that Commercial Landscapers and any other types of businesses and/or services
that may generate Solid Waste of any form or description not be deposited in or upon the public
right-of-way.
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
City of Miami Page 16 of 40 File ID: 1749 (Revision: A) Printed on: 6 /20 8
File ID: 1749 Enactment Number: 13693
commercial vehicle. All such debris gene,rated shall be removed by the premises owner at the
property owner's sole expense and are specifically excluded from the regular Bulky Trash
service provided by the Department mfSokd Waste.
(b)The provisions of F,5� �§ 403.413 shall apply to all public rights -of -way within the
(n)The following civil fines shall' beimposed for violations cfthis eeotiom
(1)Byany person, $5OO.0Ofine,
(2) From any commercial' vehicle, $1,0050,00 fine.
Sec. 22-12. Waste fees.
(a) An annual vvoote f8a, per residential unit, is hereby assessed upon all city serviced
residential units aadefined |nsection 22-1 and asset forth byresolution ofthe city
commission. These hamo shall apply to all single and mm|dtannUy residences of three units or
less within the city and shall serve t0defray the cost Ofwaste collection and disposal.
Effective October 1. 1089. 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 Vnthe tax bill, inaccordance with the provisions ofF.O. ch�197,as amended. |fthe
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
Januory.199�9.
(b)(1)AJ| 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 9hG|i be prima
facie evidence that garbage and other refuse is being accumulated or produced upon such
premises; and temporary vacancy shall not authorize a refund or excuse the nonpayment of
the applicable han. In the event the city elects to use the tax bill collection rnnthVU and upon
the adoption of the assessment roll, all solid waste assessments shall constitute a lien against
assessed property equal inrank and dignity with the liens oyall state county, d�otrint.or
municipal taxes and $paoio| aoaaeornento. Except eaotherwise provided by law, such liens
shall be superior in dignity to all other period |iene, mortgages, titles, and claims until paid.
The lien for asolid waste assessment shall be deemed perfected upon adoption by the nih/
Co[nrnission of the final assessment resO|VUom. whichever is applicable, The Hen 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,
/2)Separate Billing for Additional Leased Garbage
qeLinninQOctober 1.2Q17.For the Fiscal Year beginning October 1.2O17.the owner Vfan
Assessed Property which leasesone more additional leased clarhmclecontainers from the
City for Solid Waste shall bocharged the additional fee(a)per each Additional Leased Garbage
Container anset forth inSections 22-2ond22-12^wh:johfea(o)shall bacharged separately and
U]||ed separately to the owner by the [:itY's Department of Solid Waste; for the Fiscal Year(S)
beginning October 1, 2018 and thereafter, the fee(s,) charqed for a:ny Additional Leased
Garbage Container(s) shall be,chaLged and c ||eotodfor each one year period byusing the tax
bill collection method asset forth iwSections 22'2and 22-120fthe [i!tYCode.
City of Miami
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File ID: 1749 Enactment Number: 13693
(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 Description Unit Units Up Base ' Rate Per
Code To Rate Unit
CU01 Apartments, Rental Property 2 Units $0.00 $0.00
CUO1 Apartments, Rental Property 12 Units $102.00 $0.00
CUO1 Apartments, Rental Property 50 Units $152 0 0 50,00,
CU01 Apartments, Rental Property 999,999 Units 1.15.2.10 $5.00
CUO2 Hotel, motel and rooming houses 2 Units $0.00 $0.00
CUO2 Hotel, motel and rooming houses 12 Units $102.00 $0.00
CUO2 Hotel, motel and rooming houses 50 Units $152.00 $0.00
CUO2 Hotel, motel and rooming houses 999,999 Units $152.00 $5.00
CUO3 Retail 500 Sq. ft. $76.00 $0.00
CUO3 Retail 2,500 Sq. ft. $102.00 $0.00
CUO3 Retail 5,000 Sq. ft. $127.00 - $0.00
CUO3 Retail 15,000 Sq. ft. $152.00 $0.00
CUO3 Retail 25,000 Sq. ft. $203.00 $0.00
CUO3 Retail 50,000 Sq. ft. $229.00 $0.00
CUO3
Retail 999,999 Sq. ft. $254.00 $0.00
City of Miami
Page 18 of 40 File ID: 1749 (Revision: A) Printed on: 6/1 /2018
CUO9
Fie ID: 1749 Enactment Number: 13693
CUO4
CUO4
CUO4
Wholesale and storage
Wholesale and storage
Wholesale and storage
CUO4 Wholesale and storage
500 Sq. ft. $76,00 $0.00
I 2,500 1 Sq. ft. $102.00 $0.00
5,000 Sq. ft. $127,00 $0.00
15,000 1 Sq. ft. $152.00 $0.00
CUO4 Wholesale and storage 25,000 !
CUO4 Wholesale and storage 50,000
CUO4 Wholesale and storage 999,999
CUOS Manufacturing 500
CUOS Manufacturing 2,500
CUO5 Manufacturing 5,000
CUO5 Manufacturing 15,000
CU05 Manufacturing 25,000
CUO5 Manufacturing 50,000
CUOS Manufacturing 999,999
CUO6 Office buildings 500
CUO6 Office buildings 2,500
CUO6 Office buildings 5,000
CUO6
CUO6
CUO6
CUO6
Office buildings
Office buildings
Office buildings
Office buildings
Sq. ft. $203.00
Sq. ft, $229.00
Sq. ft. $254.00
Sq. ft. $76.00
Sq, ft. $102.00
Sq. ft. $127.00
Sq. ft. $152.00
Sq. ft, $203.00
Sq. ft. $229.00
Sq. ft, $254.00
Sq. ft. $76.00
Sq. ft. $102.00
Sq. ft. $127.00
15,000 Sq. ft. $152.00
25,000 Sq. ft. $203.00
50,000 I Sq. ft. $229.00
999,999 Sq. ft. $254,00
Open Areas (Parking lots, garages,
CUO7
20,000 auto sales)
Open Areas (Parking lots, garages,
50 000 CUO7
auto sales)
Open Areas (Parking lots, garages,
CUO7 999,999 Sq. ft, $254.00 $0.00
auto sales) ,
Amusement parks, dog tracks, I Fixed $508.00 CUOS 300 $0.00
frontons fee I
Arenas, dance halls, pool halls,
CUO9 20,000 Sq. ft. $127,00 $0.00
bowling lanes !
Arenas, dance halls, pool halls,
bowling lanes
$0.00
$0.00
$0.00
$0.00
$0,00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Sq. ft. $102,00 $0.00
Sq. ft. $127.00 $0.00
50,000 Sq. ft. $203,00 $0.00
Arenas, dance halls, pool halls,
CUO9 999,999 ! Sq. ft. $254,00 $0.00
bowllng lanesI
GUI 0 Theaters 100 ! Seats $152.00 , $0.00
CU1O Theaters 500 Seats $212.00 $0.00
City of Miami
Page 19 af 40 File ID: 1749 (Revision: A) Printed on: 6/11/2018
File ID: 1749 Enactment Number: 13693
CU10 ' Theaters 999,999 f Seats , $212.00 $5.00
CUll Hospitals 100 1 Beds " $254.00 $0.00
. ,
CU11 Hospitals 999,999 Beds $254.00 $3.00
,
CU12 Private schools 10,000 Sq. ft. $144.00 $0.00
CU12 Private schools 50,000 Sq. ft. $212.00 $0.00
CU12 Private schools 999,999 Sq. ft. $254.00 $0.00
85 Fixed
CU13 A.C.L.F. non-profit fee $144.00 $0.00
CU14 A.0125 Fixed ,L.F. profit $212.00 $0,00
, fee
CU15 C.B.R.F. non-profit 85 144.00 $0.00
' Fixed $
fee
CU16 C.B.R.F. profit 125 Fixed $212.00 $0.00
fee
CU17 S.A.F. non-profit 85 , Fixed
fee $144.00 $0.00
I CU18 SA.F. Fixed.A.F. profit 125 $212.00 $0.00
fee
CU19
Day care centers and nursery schools . Fixed
85 $144.00 $0.00
(non-profit) fee
Day care centers and nursery schools Fixed
CU20 125 ' $212.00 $0.00
(profit) , fee
CU22 Miscellaneous 500 Sq. ft. $85.00 $0.00
CU22 Miscellaneous 2,500 Si. ft. $102.00 $0.00
CU22 Miscellaneous 5,000 Sq. ft. $127.00 $0.00
CU22 Miscellaneous 15,000 Sq. ft. $152.00 $0.00
CU22 Miscellaneous 25,000 , Sq. ft. $203.00 $0.00
CU22 Miscellaneous 50,000 Sq. ft. $229.00 $0.00
CU22 Miscellaneous 999,999 Sq. ft. $254,00 $0,00
CU23 Marinas 3 Boat $0.00 $0.00
slip
CU23 Marinas 12 Boat $93.00 $0.00
slip
CU23 Marinas ' 50 Boat , $203.00 $0.00
slip
CU23 Marinas 999,999 Boat $203.00 $5.00
slip
CU24 Restaurants, lounges, bars 50 Seats $135.00 $0.00
CU24 Restaurants, lounges, bars 100 Seats $203.00 $0,00
City of Miami
Page 20 of 40 File /D: 1749 (Revision: A) Printed on: 6/11/2018
File ID: 1749 EnactmentNumber: 13693
CU24 Restaurants, lounges, bars 200 Seats $254.00 $0.00
CU24 Restaurants, lounges, bars 999,999 Seats $254.00 $3,00
CU25 Pawn shops 1,000 Sq. ft. $135.00 $0.00 j
CU25 Pawn shops 5,000 Sq. ft. $203.00 $0.00
CU25 Pawn shops 999,999 Sq. ft. $212.00 $0.00
,
CU26 Convenience stores 0 Fixed $127.00
fee
,
CU27 Dade County public schools 0 J Fixed $127.00 $0.00
J fee
*
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.
In the event that a location has constrained space and/or topographical limitations, the
Director shall have the discretion to waive the requirements for minimum size or frequency of
collection and impose requirements and frequencies better suited for the location in question.
Such a waiver must be accompanied by adding Recycling requirements where necessary at the
same location.
(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 canontainers 1 cubic yard):
# of Units Container Minimum
Capacity Frequency
1-4 2 CY 2xweek
j 5-8 3 CY or ) 2xweek
2 CY 3 x week
9 12 4 CY 2xweek
13-16 4 CY or 3 x week
City of Miami
Page 21 of 40 File ID: 1749 (Revision: A) Printed on: 6/11/2018
File ID: 17*9 Enactment Number: 13o93
| 3CY | �xvv��k �
� | �
17--32 | 6CY | ��vv��k |
. .
| "° �
3J--4G / 8�Y 3xweek
|
Over48 8CY 5xweek
Note: Frequency will increase depending on amount of garbage generated. All equipment
utilized by franchised private hauler shall comply with the requirements and provisions of
this chapter. All containers shall bescreened from the direct view nfthe 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 oflocation.
(c)The director and the director's designated reprooenhaUveoareooa|gnadthe
responsibility for enforcement of sol'id waste collection procedures en!umerated herein. The
City Manaqer or desiqnee has the authority to require the increase of frequency and/or size of a
Solid Waste bin/container atSolid VVanbe qonenatinq dininq establishments/restaurants or
produce dispensinq p|ooem if he/she determines that such locations pone an imminent hazard to
the public health, safety, and welfare imo|udimqbut not limited tothe presence ofinsects,
rodents continuous overf|ovvinqTrash, and/or other potential health risks.
(d) Newspapers orother salvageable Solid Wamte nnotehaUa defined as aluminum
cenn, glass and plastic bVttlon, metal and tin conn, and: which shall beseparated from all solid
waste materials maprovided for herein shall beplaced mt the curb inacontainer provided bv
the city onthe regularly scheduled recycling collection day orotherwise recycled unless
otherwise designated by the director, It shall he unlawful for any person, firm or corporation
not licensed therefor, other than the owner, lessee, or occupant of that residential bui|ding,
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 applicab(e to violations of this
section.
Sec. 22-15. ' Educational trust fund established from recycling program for scholarships to
children of certain city employees; conditions for implementation and Scholarship Committee.
(a)The moneys received bythe city from the recycling of newspapers and other
salvageable materials ("recycling program") shall baseparately 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 naneived, pursuant tothe cjty'a recycling program, shall be the
subject of a separate appropriations ordinance to be adopted by the city commission and
neporate|yadcninict*red by appropriate personnel of the city -awarded and approved by the
City K4anaVmr thrnuqh his/her desiAnee. Upon the accumulation of $1.800.000.00 in funds
received' through this recycling program, all interest, as it accrues upon such principal emmount,
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 orF.A.C.E. Code Enforcement oertificntion, orfor commercial drivers
Uioenae certification; in addition up to 15scholarships shall be awarded annually tocollege
level educational institutions for the children or legal dependents of the employees of the
deportment, as determined hythe city conmmiosiontohave the greatest need deoiWnated
Scholarship Committee to have met the established requirements for such scholarships; each
City of Miami
Page 22 of*v File ID: rnm(Rmvism/A)Printed mum71120m
File ID: 1749
Enactment Number: 13693
scholarship award ahoU not exceed $3.000.00 annually per person, per award. In the event
the interest accrued upon the $1.000.000.00 in this fund is insufficient to pay for the full
amount ofeach scholarship, olesser amount ofscholarship will be awarded bythe s4*
oG+RfeiSyJmGRSohoUarehip Committee. OVA—rds will be based on recommendations from the
director of the solid waste department. Said recommendations will be made ba =.w*°
criteria established by the director of the solid waste department and apprGvcd by the city
commi^sion. 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
cwu#lorizo1hu city administration to establish additional criteria for selecting
reGiPieAtS frGM the department, The individual awards will bebased upon the
recommendations from the Scholarship Committee.
(b) The Scholarship Committee will be comprised ofthree (3)members - one (1)member
from the Department of Human Resources; one (1) member from American Federation of
Sto&*. County, and Municipal Employees, LVoo[ 871; and one (1)men7ber from the Department
of Solid Waste Staff, The Scholarship Committee will create the criteria for qualification for
the mvvmrdo which nho|| be approved by the City KJanaqer or his/herdesiQnee.
Sec.22'18. Responsibility for removal ofcertain waste; collection and disposal offurniture,
appliances, etc.
(o) Industrial waste, hazardous vvoabm, 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 wooha, hazardous vvaota and noncombustible mxamta
shall be the responsibility of the owner, occupant, operator or contractor creating or caus�ng
the accumulation nfsuch material. Upon approval ofthe director, collection ofthe
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 orother vegetation rut on private property before a certificate of
occupancy is ienued, except as otherwise provided for inthis chapter.
(t) Special residential collection material shall not hepermitted utcurbside 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 any |eqe| form of 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 iamade.
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 vxh|oh 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 oralley. The director City K1onaqe,rordesiqnaashall have the full authority io
designate the location or time of placement of large and nmoU traah, bulky waste, clean
vegetative bulky waste and special residential col'lections other than as described in this
section, whenever unusual circumstances arise or, in the director's discretion, it is believed
that additional oralternate areas ortimes are necessary.
Trash or bulky waste shall not be placed adjacent to or within five feet of buNUinge,
fences, utility, telephone or electric poles, fire hydrants, or in any other area that would make it
inaccessible totrash collection equipment.
City of Miami
Page 23m4n File ID: /r49 (Revision: A) Printed on: an112mo
File ID: 1749
Enactment Number: 13693
For the collection of clean weqetativnmaterials only, Pmpertyowners or occupants
shall also besubject tothe provisions ofSection 12.15(7)nfthe CityCode,
(o) 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 ofproperty may
either containerize garden trash orbundle tree and shrubbery trash for city collection along
with garbage orthe owner oroccupants may transport such material to the city's Yard trash
management facility on Virginia Key Waste yMinid'umpfacility. Bulky material which is
containerized or bundled shall be placed at curbside no sooner than the evening prior to the
scheduled garbage collection bulk trash pickup day.
(d)City pickup procedures for small trash are aefollows:
(1) Small trash item�s_omdefined herein shall beplaced
or other w othnrpmnfoontaimars strong enough to support the weight of the motcrio|
`
regular garbage collection day. Should the city implement snnni automated or
outomatcd garbage and -small trash collection procedure, residents will be provided
fit* Curbside for the City to pick up on the roqu|ady scheduled bulk Trash Pickup day.
(2)Small trash esdefined herein shall be tied in bundles (where possible) with material
strong enough to support the weight of the bund|e, such bundle not to exceed 50
pounds
collection and be placed Curbside for the City to pick up on requ|erUy scheduled bulk
Trash pickup day,
(e)City pickup procedure for bulky waste and special,os|denhg|co|loctiomo:Bu]kv
waste asdefined herein will be collected by the department only from city -serviced
accounts scheduled on aweekly basis. Special residential collections will be
scheduled on a mutually agreed date with, the account and in accordance with
paragraph (f)/4\below.
(f)Use ofminidumpsbyproperty nvvners7or_occupants orlandscape Mnne:
(1 ) Minidumps are restricted to use by property owners or occupants and their
permit.
(2) Dumping at the City M|nidumpn of any nnotehm| other than garden trash,^ and tree,
arA-shrubberytnaah. small trash and other materials are designated bythe department
director iacity mminidumnps is prohibited,
(3)Loiter|ng. salvaging and vandalism byany person atminidumps is prohibited'.
(4)8peoia| handling trash is prohibited from being dumped mtminidunnps. Special
handling trash generated by property owners nroccupants will be scheduled for pickup
bythe department. Special handling trash generated by landscape firms shall not be
disposed ofbysuch firm at nnim|dunmp.
(5)Any single durmpin0of garden trash and tree and shrubbery trash atam[nidunnpin
excess offive cubic yards iuproh,ibited.
fe., '--it is to be Fnade te the department. Decal permits will beissued free
ofcharge onanquarterly annual basis. The decal permits shall benunnpicunun|y
affixed to all vehicles used by landscape firms in transporting trimmings and cuttings-te
minidump&. Landscape firms shall register quarterly annually with the department for
completion and updating ofpermit application which will' require: number ofcity
0000unta, identification of accounts, average number of loads dumped per mnontb
vehicles beinqused, and applicable local business tax receipt. Temporary one-time
City of Miami
Page z4of*n File ID: /nm(Revisio: A) Printed on: axn20m
File ID: 1749
sumcmuammumm,r` 13693
bushnessinthe city. Permits shall berevocable bvthe director for violations of
ordinances and policies governing rninidurnp use. Penalties mhoN range from
temporary to permanent suspension of dumping privilege& the issued decal permit
dependent on the nature and frequency of violations or as necessary pursuant to
Section 31. of the City Code, for operating in violation of the City'n Business Tax
Receipt ordinance.
(7) Landscape firms and qardeners are required to dispose of all garden and related
trash vegetative materials only generated bythem while doing business in the city at to
on approved disposal ortransfer site. Landscape F|rrna and qardenere providing
services at single family homes and dwellinqs of three (3) units or fewer, shall' only be
VNnvved to leave clean veqetaUve waste on the public riqht-of-way adjacent to property
in front of the residential prnperty, exc|udinq alleys that in qenenuted by the propertY,
while they per -form work on behalf of the resident. This will be allowed in front of the
residence for no more than two (2) days for clean veqetative Bulky Waste prior to
collection day. Large vegetative waste and tree stumps are excluded from the above.
Vegetative waste that results from the tri,mm|nq or cutting of trees nanuMinq in larger
than one hundred (10 ) cubic feet (or amaximum size for clean vegetative waste piles
is approximately 5' x 5' x 4" [five feet konq' five feet high and four feet deep]) in volume
shall not beleft onthe public riqht-nf-woyorinfront oƒthe residemt'eproperty. The
property owner or occupant shall have the responsibility to haul away and dispose of
said veqetativewaste in a |eOm|nnmnner.
(g) It shall be unlawful for any person to place discarded household furniture or
furnimhinga, stoves, refrigerators and like articles atany place visible from the stnaet, 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 proporUee, as defined herein, that are under contract for
regular garbage and trash collection services with a nonexclusive commercial solid waste
hauler.
(i) For Special Events, event organizers shall be required to obtain a permit from the
City and make available Garbage and Recycling collection containers to be used at the event.
The amount of collection containers will be determined based upon the expected attendance
tothe event.
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 fora recycling program which shall be serviced by permitted
franchisee asdetermined bythe city commission oraFlorida Recovered' Materials Dealer with
the authorization of the Director of Solid Waste, and shall include, at a minimum, the following
five listed materials:
Recyclable materials: multi -family
(1)Newspaper Mixed-paper.cardboard.
(2) Glass (flint, emerald, amber).
(3)Aluminum cans.
(4) Steel cons.
(5) Plastics, natural, HOPE ro|ored\Cod*d 1 —7. See Section 22-20of
the City Code.
City mMiami Page uoof^w File ID: ,mV(Rovismn: A)Printed on: m/n20m
File ID: 1749 Enactment Number: 13693
(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.
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 or a Florida State Certified Recovered Materials Dealer with the
authorization of the Director of Solid Waste, 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
iiable. Any penalties imposed pursuant to this section may include an administrative fee
imposed pursuant to section 22-93.
Sec. 22-22-2-2 15. Reserved -Landscaper Permit Required.
In order to operate within the City limits, all Commercial Landscapers/Gardeners must
register with the City by October of each year for within sixty (60) days of their inceptionl and
are required to obtain a City Landscaping Permit and display a decal on their front windshield. In
order to maintain their annual permit in good standing, Commercial Landscapers/Gardeners are
required to abide by the rules and regulations set forth in Chapter 22 of the City Code regarding
Solid Waste collection and disposal as outlined in Sections 22-10, 22-11 and other Sections of
Chapter 22 of the City Code. Operating without the City Landscaper Permit will result in a fine of
$262.50, per occurrence. No renewal Landscape Permit will be issued if there is an open
violation or unpaid balance from a prior violation.
Sec. 22-223-22-45. Reserved.
City of Miarni
Page 26 af 40 File ID: 1749 vision: A) Printed on: 6/1 /2018
File ID: 1749 Enactment Number: 1x69x
^
°
ARTICLE ||. REGULATION OFPERSONS ENGAGED yNCOMMERCIAL WASTE
COLLECTION
Sec. 22-47.Application for franchise.
Applications for ofranchise shall bomade 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) Nome of applicant. If the applicant is a partnership or cnrpVraUon, the norneo and
business addresses ofthe principal officers and stockholders and other persons having
any financial or controlling interest inthe partnership nrcorporation. 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 ofapplicant. The applicant for e 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 inforrnaUon, which ehmU be
submitted byapplicant, shall beconsidered:
a. Penalty history. If the applicant in an individual, a record of all convictions and the
reasons therefore shaU 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 ofapplicant shall be provided. Pmavided, however, that
in the case of publicly held corporation having 25 or more nhapeho|ders, 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, afuU| set of
which, for each of such persons shall accompany the application. Such service shall
beobtained from apublic agency.
c. Business history. Whether such applicant has operated p solid waste collection
removal business in this or another state under a franchise, permit or license and if
oo, where and whether such franchise, permit orlicense has ever been revoked or
suspended and the reasons therefore.
d. Existence of business entity. If the applicant is a corporation, applicant pho|| submit
proof of incorporation in good standing in the state of incorporation and, if foreign
onrporation, applicant shall provide information certifying that applicant is qualified to
do business in the aba(a. If applicant in operating under fictitious, noma, 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 franchise ahe|| possess
equipment capable of providing safe and efficient service. In making such m
determination and approving the method of operation for each, 8pp|ioomt, the department
shall require the following information:
a.The type, mumberand complete description nfall equipment tnbeused bythe
applicant for providing service pursuant tothis chapter.
b. A statement that applicant will use only city- and/pronunty'approvmd disposal sites
for disposing of all gerbage, garden tnssh, industrial vvoute, and solid waste material
City of Miami Page mm*u File ID: /zm(Rmvismn: A) Printed mxuomm,o
File ID: 174e snaovmvntmwmum� 136e3
which applicant collects and removes, except those sites which! heretofore have
been approved by the State of Florida department of environmental' protection.
cThe names ofcustomers and the addresses ofeach location served bythe company.
(4)Insurance requirements.
a.The applicant for afranchise shall maintain insurance asspecified 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 apRQront'n name. The certificate
shall provide that the policy contain anendorsement 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 acombined single limit nf$1.0UD.0O0.0Oper occurrence for bodily injury ond
property damage liability. The city shall be listed as an additional insured for liability.
b.Aperformance bond oranacceptable alternative inanamount equal tothe
contractor's previous 12'momthfranchise feo(o) paid to the city ora minimum of
$25.000.00. whichever is gnaater, as security for any fee(e) doe to the city under the
franchise agrmemomUs)with good and sufficient sureties conditioned upon the
compliance of the terms of this chapter in such form as required by the cityattorney.
Said performance bond, or alternative acceptable by the department, shall not
expire prior to six months from the commencement of the term of the franchise
agreement and any extensions thereof.
(5) Liability of the city and the department, The above insurance requirements shall not be
construed as imposing upon the city or the department or any official or employee thereof
any liability or responsibility for injury to any person or damage to any property by the
insured, the insured'oagents oremployees.
(6) Limitation on hours of operation, Private waste collection operators franchised by the city
ehmU service their accounts, located within 100 feet ofresidential 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.
(T)App|icatinn form. Each application for a franchise shall be made on standard form
promulgated bythe director mfpurchasing and shall include anaffirmation that the
applicant will comply with this chapter ioall respects.
(D) Review and issuance. The completed application nhoU be submitted to the purchasing
department. Upon receipt of completed opp|iootinn, the director of purchasing ohoU
consult with the Director of Solid Waste to ioinUy review said application and, if
satisfactory in all reepecfo, nhuU make recommendations 1othe city commission,
Sec. 22-48. Denial of application.
Should the director ofpurchasing propose denying anapp|ioatomfora 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 astatement ofthe reasons why the application isbeing recommended for denial.
°
°
°
Sec. 22-50. Annual Franchise fees; Franchise Fees,
�
(e) Commencing October 1 of every new fiscal year, each and every franchisee shall
pay an annual permit per account fee of$75.8O. payable in October and prorated as provided
by the schedule below for the first year only, for each oCtivo account that was acquired or
maintained 4; throuqh the prcviouo fiscal year for purposes of providing commercial solid
waste services GF SpeGialized waste handling Services. Fep+each oeooumtacquired or
City of Miami
Page mm*o File ux1r49 (Revision: A) Printed on: nw112mv
elem: 1749 Enactment Number; 13693
and payable upon acquisition of the account.
Said permit per account fee shall not be transferable.
�
Month of Applicable Fee
October |$75.00 |
| |
November
December
January 1:56.25 �
February |50.00
|
March 43.75
�uhK |37.5O
^— �
i
May 31'25
_ !
|
June 25.88
July |18J5
~!12.50
/
September |O�5
(b) Beginning October 8. 2009. each and every franchisee shall pay an annual
franchise fee by October 1 each year of the franchise tonn (and of any extension thereof) in
the amount of$7.5UO.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 anannual
specialized waste handling permit fee by October 1 each year ofthe 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. Ufa 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 dun
date shall result in aone and one-half percent penalty per month on the balance due.
/d\Beginning October 1.2O15.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, orpotentially unsafe aadetomn|nedbythe
[)irecturofsolid waste direotor. This is a [equ|otoryfee as referenced in Section 166.221.
Florida Statutes. This fee isfor the municipal inspection ofthe vehicles being used by
franchisee within the city. Theapp|icob|e vehicles are those operated byfranchisee within the
city boundaries. The vehicles will |nc|ude, but are not limited to, roll -offs, grapple trucks, front
and rear end |oedero, vaotortrucke. dump trucke, trailers, and any other vehicles used for
business, collection and disposal nfany debris hvthe franchisee.
|
City of Miami Page znof 40 File ID: /ww(Revismn: A)Printed on: on112m8
File ID: 1749
Enactment Number: 13693
(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 ach fiscal y ar ther after
to the City for an annual period which will begin October 1 st and end September 30th of the
following year. (See Certified Recovered Materials Dealer Registration Form).
(f) The Franchise Fee may be amended or adjusted from time to time. Any monthly
percentage of Gross Receipts payable, as amended, or adjusted, will automatically apply to the
Franchise Agreement, The City and Franchisee will promptly execute any addendum or
amendment recognizing the Franchisee's obligation to pay such adjusted or amended fee as of
the effective date of such amendment. If the Franchisee fails to pay the adjusted franchise fee,
or fails to comply with any addendum or amendment to the Franchise Agreement, the
Franchisee shall be deemed in default of the Franchise Agreement.
Sec. 22-53. Information required of franchisees.
(a)At least annually a-R4 or as determined by the director, each franchisee shall supply
the following information on a form, format, and in the manner prescribed by the director:
(1) A listing, as of the reporting date, of the names and addresses of customers and
the addresses and folio numbers of each location served.
(2) An accounts receivable aging report for each customer within the city.
(3) The number and capacity of each dumpster and compactor per account.
(4) The address serviced by each dumpster and compactor.
(5) The list of accounts within the city for which hand collection of bags/caontainers is
provided.
(6) The listing of city accounts that were charged -off as bad debts.
(7) A list of vehicles and equipment to be used in the city.
(b) No property owner may share an account with another property owner.
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.
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.
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.
City of Miami Page 30 of 40 File ID: 1749 (Revision: A) Printed on: 6/11/2018
File ill 1749 Enactment Number: 13693
(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 and paying
all fees associated with the operation of the Franchise as determined by the City. 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.
Thi-sese fees 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 Ilast day of each month, representing gross receipts
collected the previous month. The franchisee shall on or before 90 days following the close of
each fiscal year deliver to the director a certified statement of its annual gross receipts and
charge -offs generated from accounts within the city prepared by an independent certified
public accountant ("CPA"), admitted to practice in the state, reflecting gross receipts within the
city for the preceding fiscal year, The CPA statement shall render an unqualified opinion,
based on the result of the audit, relative to the franchisee's accounting of all revenues, fees
and charge -offs generated from accounts and activities within the city limits. The franchisees
will allow city auditors, during regular business hours after reasonable notice, to audit, inspect
and examine the franchisees' fiscal books and records and tax returns, insofar as they relate
to city accounts, to confirm the franchisees' compliance with this section, In the event the
franchisee fails to pay the full franchise fee percentage of the franchisee's total monthly gross
receipts, the city shall charge a penalty of one and one half percent per month on the
outstanding balance until paid and additionally the franchisee shall have to pay all expenses
of collection, including court costs and reasonable attorneys' fees.
(c) To effectively provide for the payment of said franchise fee by the franchisees to
the city, any person seeking to renew his annual local business tax receipt pursuant to the
provisions of chapter 31 of this Code shall, in addition to the requirements set forth therein,
provide the city finance department with evidence of all fees imposed by the provisions of this
chapter as a condition to reissuance or renewal of said business permit.
(d) lssuance of a franchise shall require city commission approval for the franchise
referenced in section 22-47of 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.
City of Miami Page 31 of 40 File ID: 1749 (Revision: A) Printed on: 6/11/2018
File ID: 1749 Enactment Number: 1o69x
Sen. 22-57. List of qualifications for franchises; term; nomtnansfenabQ|ty; nm/es and regulations;
tests, inspections and audits.
(a) The city may franchise commercial solid waste haulers as defined herein to provide
service to commercial establishments nsset forth in this article. The franchises iunued,
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 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 franchioe. Each applicant
for the franchise ahoU respond to a request for qualifications issued by the procurement
department. The request for qualifications shall include, as minimum qualifications to be
considered inthe granting ofsuch 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,
comtruntn, permits or bid awards.
(3) Certification that no subsidiary affiliate, or parent corporation or business entity of
the applicant already has, or has applied for, on 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 m franchism, affiliated with an affiliated entity of any
existing franchisee, or any applicant form franchise under this artic|e, an a paront, or
nubsidiary, nrbyvirtue of an interlocking din»(tnna\n or otherwise,
(b) Term. Said franchise shall be valid for a period of five years from date of issuance
with one thrccyor three (3) one (1) year options 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 a|ternaUve, 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 o|ty. Un deriding to issue a
new franchise and/or accepting applications from applicants for a franchise, the city will
consider the following factors:
(11 ) The franchisee's full and faithful compliance with the terms of this chapte�
(2) The franchisee's and/or applicants who best meet the qualifications established by
this section for the issuance ofthe franchise; and
(3) The current garbage, trash and waste disposal needs of the citv, including, without
Unnitation, population, demographic and geographic needs.
(u)Tnsmnfnrabi|itv. The franchises granted pursuant tothis section shall not be
transferable by way Vfassignment, sale, pledge, or other conveyance. Upon change of
ownership, including transference of o 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
(d)The franchise provided for bvthis 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 ofMiami have safe, efficient, smnitmry, permitted regulated and qualified solid vvastm,
garbage and trash disposal contractors.
City of Miami Page 32 of*n File uc/mm(ReviomoA)Printed on: unmmm
File ID: 1749 Enactment Number: /3693
(a)The city may, atreasonable times during the term hereof, inspect any franchisee's
facilities and perform such test, as the city deems reasonably necessary, to determ�ne
whether the goods or services required to be provided by franchisee under its franchise
conform tothe terms thereof, if applicable, Each franchisee phm@ make available to the city
reasonable facilities and render assistance tofacilitate the performance ofall tests and/or
inspections by city representatives. All tests and inspections shall be subject to, and made in
accordance with the provisions of this Coda, as the sennn may be amended or supplemented
from time to time. Each franchisee shall allow city amditnrm, during regular business hours and
after reasonable notice, tnaudit, inspect and examine the franchisee's financial records (as
they relate ho city revenue) including all fiscal books and nacords, sales tax returns, bank
statements, general ledger (vouching city revenue tnthe general ledger)
contract(s)/agreement(s) between franchisee and customer(s) and any other financial
information deemed meneamary, in no far as such other financial information nn|atnn to city
accounts, as well as the fremohioeo"e amhro customer bgee, 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 d�uo and owing tothe city, an a direct result
of an audit, from whatever applicable revenue stream during the term of the franchise
agreement. If city audit reveals that m 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
nnore, franchisee shall pay to, the city the cost of conducting the audit. Upon audit nVtificotion,
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 tosubstantiate omaudit finding.
°
°
ARTICLE U|.'ENFORCEMENT AND ADMINISTRATION
Sec. 22-93. Enforcement and administrative fees.
/m\ The director of solid vvmsha, 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 o violation ofthis chapter, the director nfsolid vvoste. or
des|Qnee, ohm|V issue a notice of violation to the vio|ator, as provided in section 2-
823 of this {}ode. The notice ehoU inform the violator of the nature of the vioUatiVn, the
amount of fine for which the violator may be [imbUe, instructions and due date for paying
the fine, notice that the violation may be appealed by requesting an adnn[nistrative
hearing within ten days after service of the notice of violation, and thatfmiKure to do no
shall constitute an admission of the violation and waiver of the right to a hearing.
(2) A non-franch!isee roll-off/container shall be subject to seizure and impoundment.
Written notice of the department's intent to seize the roll -off/container shall be posted
to the roll-off/container which is subject to seizure and impoundment. The department
shall not seize any roU'off/cnntBinerwithin ten days twenty-four (24) hours from the
posting Ofthe written notice. |naddition toposting notice, the department shall also
provide written notice of such seizure and impoundment to all persons -,--4rms,
corporations, orother legal entities,
investigation should hnow. Wvvho have o 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:
City of Miami
Page 33 of 40 File ID: /wo(Revism: A)Printed on: mv112mx
File ID:~1/4* � Enactment Number: 13693
a.The name ofthe city department ordivision issuing such notice.
b.The date upon which the notice was issued.
cThe date that the notice was posted tpthe no(|-oM7oonbyiner.
d.The section number ofthe City Code Vrnrdinonne that has been violated.
e. Notice that the department will seize and impound the roU'of/oonteimer in the
event that the rnU'off/oomta|maris not removed from the pnarmisnsvithin ten days
twenty-four (24) hours 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 o[the ro|U-off/conbainec
g. Notice of the right to request a preliminary hearing, pursuant to section 22'94, to
contest the seizure and impoundment ofthe roll-off/oomtainnr and immediately
retrieve the roN-of/vontainerfrom the department upon the posting with the
department o ooeh 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 admi'nistrative
penalty, plus costs incurred bythe department.
i Notice that the failure to request e preliminary hearing within ten days after the
notice was mailed shall constitute a waiver of the right to a preliminary hearing
pursuant tosection 22'94.
A roll-off/container that has been seizedand impounded, which has not been
returned to the owner or interested party by virtue of preliminary hearing, final
hearing, appeal, or payment of an administrative penalty, shall become the property
of the city.
(9)The department is authorized to irnnncdioho4y seize and impound a roll-off/container,
after the twenty-four(24) hour notification, in the event the department determines that
said rnH'of/cnntainorconstitutes a puib|icnuimanoe and poses health and safety
concern. Written notice of the department's action shall baposted etthe site where the
rV||'off/cVntainervvos located. In addition to posting notice, the department shall also
provide written notice of such seizure and impoundment to all persons, firms,
corporations, or other legal entities, whom the department knows, or with reasonable
investigation should know, to have legal interest inthe subject roll-off/container by
certified mnmi[, return receipt requested, within 24 hours of posting notice. The written
notice shall include the following:
a.The name ofthe city department mrdivision 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 ofthe City Code nrordinance that has, been violated.
e. Notice of the right to request a hearing, pursuant to section 22-94, to contest the
seizure and impoundment nfthe roU-of/cnntoiner.
f. Notice of the right to request 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 o ooaM bond
in the amount of$5OO.00. plus costs incurred by the department.
Q. Notice ofthe right towaive the hearing and immediately retrieve the roll-
off/container from the department upon the payment of $500.00fine. plus costs
incurred bythe department.
h. Notice that the failure to request a hearing within ten days after the notice was
mailed shall constitute awaiver ofthe right to apreliminary hearing pursuant
tosection 22'04.
City of Miami
Page x*of*o File uz,wo(Rew"mn: A)Printed on: ux112om
FiwlD: 1749 Enactment Number 13693
Ano||-off/oonbsinerthat 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, nrpayment ofumadministrative penalty, shall become the property
of the city.
(b) Appointment and qualifications of sanitation inspectors, powers and duties,
(1') The city manager is hereby authorized to designate and appoint, as sanitation
inopectore, certain city emp|oywe(o), normally trained and assigned to inspection
functions for the purpose of enforcing this chapter and the rules and regulations
pertaining thereto.
(3) Sanitation inspectors shall have the following qualifications:
a. A high eohpo| diploma o�r its equivalent.
b. Satisfactory completion of course of at |eost4O 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
ofpublic 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 bytemperament and learning tobe sanitation
inspectors ofthe city.
(3)Sunitation inspectors shall:, while mmduty:
a. Issue notices Vfnoncompliance and perform such other acts pursuant to section 22-
5(b)for enforcement of this chapter,
b. Perform such addition8|duties asmay beprescribed byordinance nrby
administrative orderu, regulations and directives as may be issued bythe city
manager,
(4)Ganitation inspectors ShgN be identified either byspecial uniform Orbadge Orboth,
Sanitation inspectors shall not carry firearms,
(c)Obstructing sanitation inspector inthe performance mfduties.
(1 ) Whoever opposes, obstructs, or resists the sanitation inspector or other person
authorized by the sanitation innpmctor, in the discharge of his or her duty, as provided
in this section, shall be guilty of violation of this chapter, and, upon conviction
thereof, shall bepunished msprovided imsection 1-13.
(2) Sanitation inspectors shall notify the city police department immediately when in
theirjudgrnnntanarrest orforcible restreintbecomes the appropriate response tna
situation.
(d)Civil penalties assessed pursuant tVthis article are due and payable *zthe city on
the last day of the period allowed for the filing of an administrative hearing before a hearing
officer, Vrifproper appeal iemade, when the appeal has been finally decided adversely tVthe
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:
Acte/Cnnditioosof
NVnnompYionQa
1 s1offense:
Fee
���Sectioni
| | /�ub���ham�
| ` ^
��-�G�b\and
|
/ �Z�2'�D � -- -` ' /
\ �� ` '
2nd offense, 525.00 22-46(b)and
City of Miami
Page 35 of*o File ID: /nm(Rewsion A)Printed on: 611x2018
Residential and/or commercial dumpster(s) not kept in approved
garbage facility enclosure
Failure of commercial property to have in effect an agreement with a
File ID: 1749
Enactment Number: 13693
3rd offense:
Each additional offense:
Container(s), Garbage/Trash/Industrial/other waste placed on public
rights -of -way (Residential lst offense, tag; 2nd offense tag and
"rd - 22-2(e)
warning; offense, Fine). Commercial 1st offense, $262.50. 2nd .79,00 4404
offense and thereafter, $525.00. The placement of containers, 262,50
garbage, trash, bulky and/or industrial waste on public rights of way
158.00 22-2(f)
22-47(6)
1 050 00
22-46(b) and
22-47(6)
1050.00 22-46(b) and
,
22-47(6)
daste hauter-fo-the-co1Iection and removal of solid wastelgarbagc 26250 22--2-(4)-14(b)
.
from the premises -adequate Solid Waste contract for service, st 4406
offense, $262.50; 2nd offense and thereafter, $525.00.
Failure of Commercial Hauler ° /Solid Waste service
eenter-of intent to discontinue service, 1dt offense, $75.00; 2nd 52.50
75.00
offense, $150.00; 3rd offense, $250.00.
Failure to screen container Commercial container violation
(construction, placement, accessibility, not screened from public 52.50
view) lst offense, $75.00; 2nd offense, $150.00; any additional 75.00
offenses, $300.00,
Failure to remove raw or processed organic waste matter from food
service establishment, lst offense, $262.50; 2offense and 79.00
thereafter, $525.00. 262.50
Failure to maintain property/adioining public areas, easements, alleys
free of industrial Bulky Waste, Garbage, Trash or other waste, or 52.50
failure to mow grass to curbside (residential, $75.00), commercial lst 75.00
offense, $75.00; 2' offense, $150.00; 3rd offense, $250.00.
Commercial container violation 52.50
Insufficient number of approved garbage receptacles 52.50
Failure to properly mark container 52.50
Uncontainerized garbage or miscellaneous trash in receptacle ar a.
79.00
525.00
consisting of industrial and bulky waste or other waste material
22-2(a)
4435
22-2(c)
1-4
4401
22-2(b)
4432
22-5, (a)
22-9
4410
22 2(f)
22 2(f)
22-2(f) 4409
Disposal of trash or other waste materials placed in right-of-way at 00 22-18(b)
79
other than authorized time
Illegal dumping by a person or business
4419
525.00 22-11
Illegal Dumping 525,00 ; 22 6(j)
Littering
525.00 22-6(1)
City of Miami
Page 36 of 40 File ID: 1749 (Revision: A) Printed on: 6/11/2018
FieID: 1749
Illegal dumping from any commercial vehicle
Enactment Number: 13693
1 050 00 22-11
' 4411
22'-11
Illegal dumping of waste tires 1,050.00
4408
Garbage deposited at minidump site
I4needing, salvaging and vands
Trash not containerized or bundled
p cite 262,50 22 18(f)(3)
74-00 22-5
Unauthorized bulky waste on right-of-way 79,00 22-18(b)
Garbage not containerized
Litter on premises
79.00 22-8(1)
52,50 22-9
Sunken containers in ground of property 105.00 22-2(c)(4)
Operating a Commercial Solid Waste vehicle without a valid 22-50
262,50
registration 4423
Failure to properly identify equipment
495,00 22 52
All other Chapter 22 violations, 1" offense 262.50; 2nd offense, 79.00
$525,00; 3' offense, $1,050.00. 262.50
Failure of franchisee to remove container(s) from discontinued
79,00 22(b)
accounts
Failure of commercial property
ch. 22
262.50 2-2-(-la)
d-hauter to have sufficient service, 1st offense, $262.50; 2nd 262.50 22-2(b)
4434
offense, $525,00.
Engaging in commercial solid waste collection without city Franchise
A reement 1st offense 1 000.00. 2"d offense 500.00' 31(1
o seizure and 1,000.00 22-46
impoundmentmpoundment rrocedures as set forth in Section 22-93
offense
Failure of commercial Solid Waste hauler to properly identify
equipment/container, 1st offense, $262.50; 2nd offense, $525.00.
-500,00 22-6(e) and
-T9-00
262.50 22 -52
4402
Failure of commercial Solid Waste hauler to provide Recycling'
22-20 and
program, 1st offense, $262,50; 2''d offense, $525,00; 3rd offense, 262.50 22-93
$1,050,00.
Failure of property owner to provide Recycling program, lst offense, 262 50 22-20 and
1262.50; 2nd offense, $525.00; 3" offense, $1,050.00. ' 22 -93
City of Miami Page 37 of 40 File1749 (Revision: A Printed on: 1 2018
PV�@�- �9 � Enao�e�wumbec13wVo
(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 tobodone and shall keep anaccurate accounting mfthe costs thereof, whereupon the
amount of such costs and the interest thereon shall constitute and is hereby imposed as a lien
agalnst 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 m court
of competent jurisdiction in accordance 'with the Florida Rules of Appellate Procedure.
(f) Faillure 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 torevoke
the certificate ofuse and |ooaUbusiness, tax receipt for said business.
(9) 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 ju6cial
remedies avmiYabUe to them for violations of this chapter or any other lawful rule or regulation
promulgated hereunder asenumerated below but not limited to.
(1)They may institute acivil action inocourt ofcompetent jurisdiction toestabUsh
liability and torecover damage for any costs incurred bythe city inconjunction vviththe
abatement of any condition prohibited by the provisions of this chapter.
(2)They may institute ecivil action ina court ofcompetent jurisdiction toseek
injunctive relief to enforce compliance with the terms of this chapter or any rule or
regulation promulgated hereunder, tVenjoin and prohibit said violation or to compel the
performance of actions which will result in compliance with the terms of this chap�er.
(h) These remedies are cumulative and the use of any appropriate remedy shall not
constitute anelection Vfremedies bythe departments. The use ofone remedy shall not
preclude the use mfany others.
(i)All violations of this chapter may bebrought before the code enforcement board or
may be prosecuted inthe county court.
°
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ARTICLEV1i COMMERCIAL SOLID WASTE AND RECYCLING
MANAGEMENT ADVISORY COMMITTEE
Sec. 22-170. Established.
There ishereby created and established the "commercial solid waste and Recyclinq
management advisory committee" which shall be hereinafter be referred to as the
11 committee".
Sec. 22'171� - Purpose, powers and duties; prohibitions.
(o) : powers and duties. The purpose, powers and duties ofthe committee
include but are not limited to:
(1) Providing advice and recommendations to the city commission concerning solid
waste &ReoycUinA_management within the city, inconjunction 8ndcoVpera1ionvVithth8
department ofsolid waste;
(2) Providing advice and recommendations regard�ng the levy of fines or warnings (as
established by the commiss,ion or the department of solid waste), and suspension and
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File 1749 Enactment Number: 13693
revocation of nonexclusive franchises for failure of a hauler of commercial solid waste
("hauler") to comply with city ordinances and regulations related to solid waste
management;
(3) Offering recommendations related to the establishment of suggested guidelines
consistent with or more stringent than those currently established by the commission
or department of solid waste relating to the business of commercial solid waste
management;
(4) Performing any other duties as may be specifically requested by the commission or
city manager as relates to the department of solid waste;
(5) Adopting bylaws and resolutions consistent with the powers delegated to the
committee by the commission;
(6) Negotiating directly with haulers applying for or renewing valid nonexclusive
franchises, with the assistance and input of the city manager, when requested by the
city manager;
(7) Providing for voluntary in -kind contributions of commercial solid waste management
services, as determined by a formula established by the committee based upon each
participating 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 Bowi Parade, Martin Luther Kinq, Jr., Parade, the Three Kings Parade, and
those events where the costs for waste removal is waived by the commission or City
Manager, as well as any other special event identified by the committee in conjunction
with the department of solid waste and the commission;
(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
(9) Providing a detailed report of all recommended actions taken by the committee
against haulers within the city including warnings, citations, fines, permit suspension
and revocations; and suggestions for improvement of the provision of both residential
and commercial solid waste management services within the city, including financial
projections setting forth specific savings to the city that such improvements would be
expected to provide.
(b) Prohibitions, The committee members are prohibited from discussing issuesrelated
to pricing which would be in violation of any local, state or federal law.
Sec. 22-172, Membership; terms of office; vacancies; officers; rules of procedure; meetings;
quorum; attendance requirements.
(a) Membership. The committee shall consist of no less than nine regular members
who shall be exempt from the provisions set forth in section 2-284 and be composed as
follows:
(1) One member appointed at -large by the members of the city commission.
(2) One representative from the city manager's office appointed by the city manager.
(3) Two representatives selected by the director of the department of solid waste.
(4) One representative of each hauler handling a volume of 25 percent or more of the
total commercial solid waste management business within the city.
(5) Two representatives collectively selected by all haulers handling a total volume of
less than 25 percent of the commercial solid waste management business within the
city,
(6) Two non -voting ex officio members as set forth herein to be selected as set forth in
the bylaws adopted by a majority vote of the voting members of the committee. Any
member not defined in Number 3 - 6:
City of Miami
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File lD: 1749 Enactment Number: 13693
(i) One individual representing the city's business communityi, who is not a
subcontractor, employee or owner of a Franchise and
(ii) One individual representing the city's residential homeowners, who is not a
subcontractor, employee or owner of a Franchise.
(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) 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.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, Citi ttor ey 5/23/2017
ndez, ty 1ttorey 7/3/2017
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
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