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HomeMy WebLinkAboutOrdinanceCity of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4407 MAY BE WITHDRAWN Final Action Date: 7/25/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED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 AMENDING SECTION 22-1 OF THE CITY CODE TO ADD A DEFINITION FOR "CITY"; AMENDING SECTION 22-14 OF THE CITY CODE TO PROVIDE THE CITY MANAGER MAY ADDITIONALLY AUTHORIZE THE COLLECTION OF SOLID WASTE BY COMMERCIAL SOLID WASTE COLLECTORS; AMENDING SECTION 22-46 OF THE CITY CODE TO PROVIDE THAT THE CITY MANAGER MAY ADDITIONALLY GRANT OR RENEW FRANCHISES SUBJECT TO CHAPTER 22; AMENDING SECTION 22-47 OF THE CITY CODE TO PROVIDE THAT APPLICATIONS FOR A FRANCHISE MAY BE RECOMMENDED FOR APPROVAL TO THE CITY COMMISSION OR THE CITY MANAGER; FURTHER AMENDING SECTION 22-56 OF THE CITY CODE TO PROVIDE THAT ISSUANCE OF A FRANCHISE MAY BE APPROVED BY THE CITY COMMISSION OR BY THE CITY MANAGER; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 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; and WHEREAS, all franchises issued to, persons, firms, corporation or entity under Chapter 22 of the City Code required to remove or transport any solid waste material over the streets or public rights -of -way of the city or its real property are nonexclusive and convey no particular contract or property right to the franchisee; and WHEREAS, due to economic, environmental and market conditions the number franchisees engaged in these activities may fluctuate; and WHEREAS, it is vital for the public health, safety , sanitation , and general welfare of the City and its residents and businesses that there be an adequate number of franchisees operating at all times within the City ; and WHEREAS, it is in the best interests of the City to allow the City Manager, in addition to the City Commission which has inherent authority, to grant nonexclusive solid waste franchises in order to keep this vital service ion the City functioning to adequate or better service levels at all times; and WHEREAS, this Amendment simply facilitate issuance and approval of the nonexclusive solid waste franchises by the City Commission or the City Manager unless the City Commission City of Miami Page 1 of 5 File ID: 4407 (Revision:) Printed On: 4/21/2025 File ID: 4407 Enactment Number: in a Request for Proposal or similar document or a law expressly reserves this approval to the City Commission; 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 and incorporated as if fully set forth in this Section. Section 2. Chapter 22 of the City Code is amended in the following particulars:1 "CHAPTER 22 GARBAGE AND OTHER SOLID WASTE ARTICLE I. IN GENERAL Sec. 22-1. - Definitions. For the purpose of this chapter, the definitions contained in this section shall apply unless otherwise specifically stated. City. The word "City" shall mean the City of Miami, a Florida municipal corporation. For the purposes of Chapter 22, "City," without modification, shall mean the City Manager unless the City Commission is expressly specified in this Chapter, or in a competitive solicitation document such as a Request for Proposals, or otherwise required by law to act for the City. 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 or the City Manager may, each respectively, 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 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 2 of 5 File ID: 4407 (Revision:) Printed on: 4/21/2025 File ID: 4407 Enactment Number: 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 containers = 1 cubic yard): Sec. 22-46. Engaging in business of solid waste collection and disposal; issuance of franchise agreement to private solid waste collectors. (a) No person, firm or corporation shall remove or transport any solid waste material over the streets or public rights -of -way of the city or its real property for hire or salvage without first applying for and receiving a franchise from the department to carry on such a business. The franchise required by this section shall be in addition to any local business tax receipt and other permit or license(s) which otherwise may be required by law, including F.S. Chapter 403./1016., Florida Statutes. A franchise will not be granted to a commercial property for the sole purpose of hauling the solid waste material of its own tenants or occupants. (b) It shall be unlawful for any commercial solid waste collector/franchisee to provide service to any property within 100 feet of a residential district between the hours of 11:00 p.m. and 7:00 a.m. (c) No franchise granted pursuant to this chapter shall be deemed the property of the holder thereof. (d) The city reserves unto itself the power to revoke all franchises granted pursuant to this chapter, to change or limit the rights granted, or to otherwise modify the franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking of a property, contract, or other right of any franchisee, it being the express intention of this chapter to reserve unto the city, the power, in its sole discretion, to alter the methods of solid waste collection employed in the city, and the manner in which to provide for solid waste services delivered within the city. (e) The city commission or the City Manager is are authorized, respectively, from time to time, to grant one or more franchise(s) granting the right and privilege to operate a commercial garbage and trash collection and disposal system in, upon, over and across the present and future streets, alleys, easements and other public places of the city for the purpose of collecting all solid waste from commercial and multifamily establishments as defined in this chapter. (f) The franchise(s) shall be granted only after the applicant for the franchise has responded successfully to the request for qualifications and filed with the purchasing department, an application, and such other documentation as may reasonably by required to establish that the applicant meets all of the requirements delineated in this chapter. City of Miami Page 3 of 5 File ID: 4407 (Revision:) Printed on: 4/21/2025 File ID: 4407 Enactment Number: (g) The franchise(s) shall initially be granted for a period of five years, with three one-year options to renew, upon approval of the application by the city commission or City Manager, respectively. The option to renew any franchise(s) for the additional three one-year periods shall be at the sole discretion of the city. Sec. 22-47. Application for franchise. Applications for a franchise shall be made to the purchasing department upon such form and in such manner as shall be prescribed by the director of purchasing to elicit the following information and to be accompanied by supporting documents and such other information as may be required by the purchasing department: (8) Review and issuance. The completed application shall be submitted to the purchasing department. Upon receipt of a completed application, the director of purchasing shall consult with the Director of Solid Waste to jointly review said application and, if satisfactory in all respects, shall make recommendations to the city commission or the City Manager, as applicable. Sec. 22-56. Franchise fee requirement; monthly franchise fee payment; approval by city commission as a prerequisite to issuance; financial statements, list of accounts; account permit fees; roll -off permit fees. (a) No person shall engage in the business of removing or disposing of garbage, trash, or waste from any premises in the city or transport garbage, trash or waste through the public rights -of -way of the city without first having secured a franchise for such activities 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. These 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 last day of each month, representing gross receipts collected the previous month. The franchisee shall on or before 90 days following the close of each fiscal year deliver to the director a certified statement of its annual gross receipts and charge -offs generated from accounts within the city prepared by an independent certified public accountant ("CPA"), admitted to practice in the state, reflecting gross receipts within the city for the preceding fiscal year. The CPA statement shall render an unqualified opinion, based on the result of the audit, relative to the franchisee's accounting of all revenues, fees and charge -offs generated from accounts and activities within the city limits. The franchisees will allow city auditors, during regular business hours after reasonable notice, to audit, inspect and examine the franchisees' fiscal books and records and tax returns, insofar as they relate to city accounts, to confirm the franchisees' compliance with this section. In the event the franchisee fails to pay the full franchise fee percentage of the franchisee's total City of Miami Page 4 of 5 File ID: 4407 (Revision:) Printed on: 4/21/2025 File ID: 4407 Enactment Number: monthly gross receipts, the city shall charge a penalty of one and one half percent per month on the outstanding balance until paid and additionally the franchisee shall have to pay all expenses of collection, including court costs and reasonable attorneys' fees. (c) To effectively provide for the payment of said franchise fee by the franchisees to the city, any person seeking to renew his annual local business tax receipt pursuant to the provisions of chapter 31 of this Code shall, in addition to the requirements set forth therein, provide the city finance department with evidence of all fees imposed by the provisions of this chapter as a condition to reissuance or renewal of said business permit. (d) Issuance of a franchise shall require city commission or city manager approval, as applicable, for the franchise referenced in section 22-47 of this chapter. (e) The director is authorized to suspend, revoke, or cancel any such franchise for failure to comply with any of the terms hereof, in accordance with the same practice and procedures as are set forth in section 22-48 of this chapter; providing, however, that the director shall afford an existing franchisee a written notice reasonably specifying the reason(s) for the proposed revocation or suspension of an existing franchise, and the franchisee shall be afforded 14 business days to cure the noncompliance stated in such notice. (f) Any decision of the director under the terms of this section may be reviewed, upon written request of the aggrieved franchisee made to the city manager in accordance with the same time period and procedure as are set forth by section 22-49, City Code. *„ 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 thirty (30) days after final reading and adoption thereof. APPROVED AS TO FORM AND CORRECTNESS: sndez, City Alto ey 7/9/2018 City of Miami Page 5 of 5 File ID: 4407 (Revision:) Printed on: 4/21/2025