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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16720 Date: 09/27/2024 Commission Meeting Date: 02/27/2025 Type: Ordinance Subject: Amend Code - Chapter 22 - Article I - Bulky Waste Purpose of Item: Requesting Department: Department of Solid Waste Sponsored By: District Impacted: All An Ordinance of the Miami City Commission amending Chapter 22, Article I of the Code of the City of Miami, Florida, as amended, titled "Garbage and Other Solid Waste / in General," by updating the requirement by the City for the collection of bulky waste to keep in line with the current needs. Background of Item: The weekly collection and removal of bulky waste is an essential service provided to qualifying residential properties in the City of Miami. This weekly pickup has become a source of abuse by outside entities, such as contractors and landscapers to bypass the requirement that they take their waste to the appropriate local dumps for proper disposal, thus placing an inordinate burden on City residents and City finances. It is in the best interest of the City and the qualifying residential properties to have bulky waste pickup adjusted to every other week collection. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Item is NOT an Expenditure Total Fiscal Impact: N/A City Commission Department of Solid Waste City Manager's Office Office of Management and Budget City Manager's Office Office of Management and Budget City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Reviewed B Nicole Ewan Wade Sanders Arthur Noriega V Marie Gouin Natasha Colebrook -Williams Aniska Elliott Barbara Hernandez Valentin J Alvarez Rachel Dooley George K. Wysong III Nicole Ewan Meeting Department Head Review City Manager Review Budget Review Deputy City Manager Review Budget Analyst Review Assistance City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 11/21/2024 9:00 AM 12/03/2024 9:04 AM 12/03/2024 9:18 AM 12/03/2024 10:14 AM 12/03/2024 1:29 PM 12/03/2024 1:51 PM 12/03/2024 1:53 PM 12/03/2024 2:23 PM 12/03/2024 2:55 PM 12/03/2024 3:47 PM 12/12/2024 9:00 AM City of Miami File ID: 16720 (Revision:) Printed On: 8/14/2025 City Commission Maricarmen Lopez Meeting Completed 01/23/2025 9:00 AM City Commission Nicole Ewan Meeting Completed 02/13/2025 9:00 AM City Commission Maricarmen Lopez Meeting Completed 02/27/2025 9:00 AM City of Miami File ID: 16720 (Revision:) Printed On: 8/14/2025 City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16720 Final Action Date: 2/27/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL," TO AMEND THE REQUIREMENT BY THE CITY OF MIAMI FOR PICK UP OF BULKY WASTE TO KEEP IN LINE WITH CURRENT NEEDS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, currently the City of Miami "(City") pursuant to Section 22-18 of the Code of the City of Miami, Florida, as amended ("City Code") requires the Solid Waste Department to pick up bulky trash every week from qualifying residential properties; and WHEREAS, this weekly pickup has become a source of abuse by outside entities, such as contractors and landscapers to bypass the requirement that they take their waste to the appropriate local dumps for proper disposal, thus placing an inordinate burden on City residents and City finances; and WHEREAS, some persons use these Bulky Waste pickup days to illegal dump on piles already created in front of homes or at random spots throughout the City; and WHEREAS, in Section 22-1 of the City Code, 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"; and WHEREAS, from time to time, it is important the City be able to adjust scheduling and requirements for pickup based upon need and budgetary constraints; and WHEREAS, qualifying residential properties should not be forced to bear higher costs for pickup because of the abuses; and WHEREAS, Bulky Waste pickup every other week is more than sufficient at this time to service the qualifying residential properties in the City; and WHEREAS, the City Commission believes it is in the best interest of the qualifying residential properties to have Bulky Waste pickup be adjusted for better service; 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. City of Miami File ID: 16720 (Revision:) Printed On: 8/14/2025 Section 2. Chapter 22/Article II of the City Code is amended in the following particulars:1 "CHAPTER 22 GARBAGE AND OTHER SOLID WASTE Sec. 22-1. Definitions. ARTICLE I. IN GENERAL * Bulky waste. The words "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. Large residential trash. The words "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 but can be no larger than approximately 5' x 5' x 4' (five feet long, five feet high and four feet deep). Small trash. The words "small trash" shall mean bundled and clean yard and garden trash, including shrubbery, vines, and branches capable of being gathered into bundles and tied securely so that each bundle does not exceed three feet in length or weigh more than 50 pounds; all accumulations of lawn, grace or shrubbery cuttings or clippings and leaf rakings, free of dirt, rock, large branches and bulky or noncombustible materials which can be containerized and not weigh over 50 pounds, per container; and accumulations of tree diameter and do not exceed four feet in length, do not weigh over 50 pounds, are too large to construction, non demolition, non biomedical material small enough to be bagged, bundled, or trash shall be placed out along with garbage for twice per week collection can be placed out with the Bulky Waste collection or containerized bins without overflow. 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 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 File ID: 16720 (Revision:) Printed On: 8/14/2025 accumulations of a nature other than garbage and bulky waste as defined herein which cannot be bagged, bundled or containerized for weekly collection Bulky Waste collection. Sec. 22-18. Responsibility for removal of certain waste; collection and disposal of furniture, appliances, etc. (a) Industrial waste, hazardous waste, and noncombustible waste shall be disposed of in the manner and at such locations as are prescribed by the director of the county public works department. Removal of industrial waste, hazardous waste and noncombustible waste shall be the responsibility of the owner, occupant, operator or contractor creating or causing the accumulation of such material. Upon approval of the director, collection of the aforementioned waste may be undertaken by the department at the expense of the owner, occupant, operator or contractor, provided that such collection and disposal does not interfere with other waste collection operations. The department shall not be responsible for collection or hauling of discarded building material, dirt or rock, nor shall it be responsible for collection or hauling of trees, bushes or other vegetation cut on private property before a certificate of occupancy is issued, except as otherwise provided for in this chapter. (b) Special residential collection material shall not be permitted at curbside until advance arrangements have been made with the department for its removal. The cost of any special collection will be provided by the department and any legal form of payment must be received prior to the collection and shall be charged to the property from which the additional collection is made. During the week of, and not prior to the evening before the scheduled special residential collection date, all large trash and/or bulky waste shall be placed on the parkway between the sidewalk and the street pavement or along the curbline when it is immediately adjacent to the sidewalk in front of the property from which the trash originates where it will be easily accessible to the trash collection trucks of the city, but not in the traveled way on the street, road or alley. The city manager or designee shall have the full authority to designate the location or time of placement of large and small trash, bulky waste, clean vegetative bulky waste and special residential collections other than as described in this section, whenever unusual circumstances arise or, in the director's discretion, it is believed that additional or alternate areas or times are necessary. Trash or bulky waste shall not be placed adjacent to or within five feet of buildings, fences, utility, telephone or electric poles, fire hydrants, or in any other area that would make it inaccessible to trash collection equipment. For the collection of clean vegetative materials only, property owners or occupants shall also be subject to the provisions of subsection 12-15(7) of the City Code. (c) All property owners or occupants serviced by the city shall have two options for disposal of their small trash and tree shrubbery trash. Owners or occupants of property may either containerize garden trash or bundle tree and shrubbery trash for city collection along with garbage or the owner or occupants may transport such material to the solid waste minidump facility. Bulky material which is containerized or bundled shall be placed at curbside no sooner than the evening prior to the scheduled bulk trash pickup day. (d) City pickup procedures for small trash are as follows: City of Miami File ID: 16720 (Revision:) Printed On: 8/14/2025 (1) Small trash items as defined herein shall be placed curbside for the city to pick up on the regularly scheduled bulk trash pickup day. (2) Small trash as defined herein shall be tied in bundles (where possible) with material strong enough to support the weight of the bundle, such bundle not to exceed 50 pounds and be placed curbside for the city to pick up on regularly scheduled bulk trash pickup day. (e) City pickup procedure for bulky waste and special residential collections. Bulky waste as defined herein will be collected by the department only from city -serviced accounts scheduled on a weekly basis in the manner determined by the Department as set forth in Section 22-14(a). Special residential collections will be scheduled on a mutually agreed date with the account and in accordance with subsection (f)(4) below. (f) Use of minidumps by property owners, or occupants: (1) Minidumps are restricted to use by property owners or occupants. (2) Dumping at the city minidumps of any material other than garden trash, shrubbery trash, small trash and other materials are designated by the department director. (3) Loitering, salvaging and vandalism by any person at minidumps is prohibited. (4) Special handling trash is prohibited from being dumped at minidumps. Special handling trash generated by property owners or occupants will be scheduled for pickup by the department. Special handling trash generated by landscape firms shall not be disposed of by such firm at a minidump. (5) Any single dumping of garden trash and tree and shrubbery trash at a minidump in excess of five cubic yards is prohibited. (6) Decal permits will be issued free of charge on an annual basis. The decal permits shall be conspicuously affixed to all vehicles used by landscape firms in transporting trimmings and cuttings. Landscape firms shall register annually with the department for completion and updating of permit application which will require: number of city accounts, identification of accounts, vehicles being used, and applicable local business tax receipt. Permits shall be revocable by the director for violations of ordinances and policies. Penalties shall range from temporary to permanent suspension of the issued decal permit dependent on the nature and frequency of violations or as necessary pursuant to chapter 31 of the City Code, for operating in violation of the city's business tax receipt ordinance. (7) City of Miami Landscape firms and gardeners are required to dispose of all garden and related vegetative materials only generated by them while doing business in the city to an approved disposal or transfer site. Landscape firms and gardeners providing services at single family homes and dwellings of three units or fewer, shall only be allowed to leave clean vegetative waste on the public right-of-way adjacent to property in front of the residential property, excluding alleys that is generated by the property, while they perform work on behalf of the resident. This will be allowed in front of the residence for no more than two days for clean vegetative bulky waste prior to collection day. Large vegetative waste and tree stumps are excluded from the above. Vegetative waste that results from File ID: 16720 (Revision:) Printed On: 8/14/2025 (g) the trimming or cutting of trees resulting in larger than 100 cubic feet (or a maximum size for clean vegetative waste piles is approximately 5' x 5' x 4' (five feet long, five feet high and four feet deep)) in volume shall not be left on the public right-of-way or in front of the resident's property. The property owner or occupant shall have the responsibility to haul away and dispose of said vegetative waste in a legal manner. It shall be unlawful for any person to place discarded household furniture or furnishings, stoves, refrigerators and like articles at any place visible from the street, on either publicly or privately owned property, at any time under any conditions other than as set forth above. (h) Until further noticed the department will collect special non-residential trash as defined herein from commercial properties, as defined herein, that are under contract for regular garbage and trash collection services with a nonexclusive commercial solid waste hauler. (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 to the event. The Department Director shall have the power to establish the type, frequency and amount, if at all, of City -serviced recycle pickup in all areas of the City and to promulgate rules and regulations not inconsistent herewith. *„ 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 immediately after its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 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. City of Miami File ID: 16720 (Revision:) Printed On: 8/14/2025