HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16743
Date: 10/04/2024
Commission Meeting Date: 03/13/2025
Type: Ordinance
Subject: Amend Code - Chapter 22 -
Article II - Franchisee 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 II of the
Code of the City of Miami, Florida, as amended, titled "Garbage and Other Solid Waste /
Regulation of Persons Engaged in Commercial Waste Collection" providing for an
additional requirement that Franchisees also be required to remove bulky waste from
commercial properties.
Background of Item:
Currently, the City of Miami "(City") has a Franchisee contract system in place for
vendors who remove solid waste and recycle materials from commercial properties
pursuant to Chapter 22, Article III of the Code of the City of Miami. These Franchisees
are not required to remove bulky waste which leads to bulky waste being left illegally
dumped on private property and City public rights of way. Bulky waste when illegally
dumped in other areas of the City, becomes a financial burden to other private property
owners and more regularly, the City. It is in the best interest of the businesses and
residents of the City of Miami that properties which are required to use Franchisee
services also be responsible for the removal of the bulky trash from their premises as
well.
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
Office of Management and Budget
Nicole Ewan
Wade Sanders
Arthur Noriega V
Aniska Elliott
Marie Gouin
Reviewed B
Meeting
Department Head Review
City Manager Review
Budget Analyst Review
Budget Review
Completed
Completed
Completed
Completed
Completed
11/21/2024 9:00 AM
12/03/2024 9:05 AM
12/03/2024 9:19 AM
12/03/2024 9:25 AM
12/03/2024 10:13 AM
City of Miami File ID: 16743 (Revision: B) Printed On: 8/19/2025
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the Mayor
Office of the City Clerk
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Natasha Colebrook -Williams
Barbara Hernandez
Valentin J Alvarez
Rachel Dooley
George K. Wysong III
Nicole Ewan
Maricarmen Lopez
Nicole Ewan
Valentin J Alvarez
Rachel Dooley
George K. Wysong III
Maricarmen Lopez
Mayor's Office
City Clerk's Office
Valentin J Alvarez
Rachel Dooley
George K. Wysong III
City Clerk's Office
Deputy City Manager Review
Assistance City Manager Review
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Meeting
Meeting
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Signed by the Mayor
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
ACA Review Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
12/03/2024 1:32 PM
12/03/2024 1:56 PM
12/03/2024 2:37 PM
12/03/2024 2:55 PM
12/03/2024 3:49 PM
12/12/2024 9:00 AM
01/23/2025 9:00 AM
02/13/2025 9:00 AM
02/24/2025 3:50 PM
02/28/2025 11:29 AM
02/28/2025 12:26 PM
03/13/2025 9:00 AM
03/19/2025 2:55 PM
03/19/2025 3:02 PM
04/08/2025 3:34 PM
04/10/2025 4:57 PM
Completed
05/02/2025 4:41 PM
City of Miami File ID: 16743 (Revision: B) Printed On: 8/19/2025
City of Miami
Legislation
Ordinance
Enactment Number:14356
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16743 Final Action Date: 3/13/2025
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 22/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "GARBAGE AND OTHER SOLID
WASTE/REGULATION OF PERSONS ENGAGED IN COMMERCIAL
WASTE COLLECTION" PROVIDING FOR AN ADDITIONAL
REQUIREMENT THAT FRANCHISEES ALSO BE REQUIRED TO
REMOVE BULKY TRASH FROM CONTRACT PROPERTIES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, currently the City of Miami "(City") has a Franchisee contract system in
place for vendors who remove Solid Waste and Recycle materials from commercial properties
pursuant to Chapter 22, Article III of the Code of the City of Miami, Florida, as amended ("City
Code"); and
WHEREAS, these Franchisees are not required to also remove bulky trash which leads
to bulky trash being left illegally dumped on private property and City public rights of way; and
WHEREAS, Bulky Waste is defined as, among other things, large items of refuse such
as appliances, furniture and large tree cutbacks; and
WHEREAS, when illegally dumped in other areas of the City, this ends up becoming the
financial burden of other private property owners and more regularly, the City; and
WHEREAS, residents should not have to bear the extra costs of this bulky waste; and
WHEREAS, other municipalities and counties require their Solid Waste Franchisees to
offer bulky trash pick as a part of their agreement in order to be able to do business within the
jurisdiction; and
WHEREAS, the City Commission believes it is in the best interest of the businesses and
residents of the City of Miami that properties which are required to use Franchisee services also
be responsible for the removal of the bulky trash from their premises as well;
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/Article II of the City Code is amended in the following particulars:1
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: 16743 (Revision: B) Printed On: 8/19/2025
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
ARTICLE II. REGULATION OF PERSONS ENGAGED IN COMMERICAL WASTE
COLLECTION
Sec. 22-51. Recycling and Bulky Trash requirements for franchisees.
(a) Each and every Recycle franchisee shall submit the following to the solid waste
director at the following intervals:
(1) Annually, an "annual recycling plan" that describes recycling activities and
services available to commercial and residential establishments in the city that
are offered by the franchisee.
(2) Annually, an "annual recycling report" that describes resources and money of
the franchisee utilized in connection with the recycling program, a list of
recycling accounts, and a list of accounts that do not avail themselves of the
franchisee's recycling opportunities and reasons for same.
(3)
Quarterly, a report describing recycling and diversion goals and
recycling/diversion accomplishments.
(4) Annually, copies of literature provided to each customer in English, Spanish,
and Creole describing the franchisee's recycling programs and services
available.
Bulky Trash Requirement for Franchisees. All City Solid Waste Franchisees are required
to offer Bulky Trash in each franchise agreement or in service contracts for each and
every customer they service.
Llj For purposes of this Subsection and Franchisees, Bulky Trash shall be defined
as trash including, but not be limited to, large items of 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. This excludes biomedical and other wastes not accepted at local
facilities.
gj Bulky Trash pickup by Franchisee shall:
Be completed in an "on demand" manner requiring the customer to
request the pick up from the Solid Waste Franchisee and such pickup
shall be accomplished within 48 hours, excluding Sundays and holidays.
LEL The Bulky Trash may only be placed on site and not in any public right of
way or swale area, and the site of placement must be placed in a
mutually agreed predetermined location which could be the Franchise
City of Miami File ID: 16743 (Revision: B) Printed On: 8/19/2025
container or other such similar container. The signage placed by the
Solid Waste Franchisee will be with the following or similar language:
1. Solid Waste Bulky Trash Pick -Up Site;
2. NO Bulky Trash May be Placed Here Until an On -Demand
Request for Pick -Up has been made;
3. Please Call your Association Office or Manager to make an On -
Demand Request;
4. Any Bulky Trash Left Out for More than 48 Hours will cause the
Property and/or any identifiable Person to be ticketed up to
$500.00 pursuant to Chapter 22 of the City Code; and
5. This Bulky Trash Pick -Up Site is Authorized pursuant to Section
22-51 of the Code of the City of Miami.
Solid Waste Franchises can opt to add any other relevant language that is
in compliance the City Code, as necessary.
A Solid Waste Franchisee may use a subcontractor for Bulky Trash Pick -
Up however, that subcontractor is required to be approved by the City and
any subcontractor truck being used will be required to obtain a City
provided front windshield decal. This decal shall be renewed each year at
a cost of $5.00 per truck and coincide with the City's fiscal year. Any
approved subcontractor will be required to have a valid City issued
Business Tax Receipt and, if offices are located in the City, a valid
Certificate of Use. Subcontractor approval is further subject to any other
necessary requirements as determined by the City Manager or Designee.
Any franchisee servicing an address that engages in the sale of produce located within
the produce market shall, no later than October 1, 2016, offer an organic waste recycling
program. Said program shall utilize composting and/or any other organic waste recycling
program which diverts organic waste from a disposal site to a city waste -to -energy facility.
All franchisees shall divert, at a minimum, a portion of organic waste collected to the city's
waste -to -energy facility, should said facility become available in the future. The minimum
required organic waste contribution to the city's waste -to -energy facility shall be set by the
solid waste director as a percentage of the franchisee's total solid waste tonnage each year,
effective October 1 of that year. Said percentage formula shall be uniform for all franchisees.
*„
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 with the next set of Franchise
agreements due in 2025 but no later than January 31, 2026, whichever is sooner, after its
adoption and signature of the Mayor.2
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: 16743 (Revision: B) Printed On: 8/19/2025
APPROVED AS TO FORM AND CORRECTNESS:
ng III, C y for y 12/3/2024 a ge Wy ng III, C y2/28/2025
City of Miami File ID: 16743 (Revision: B) Printed On: 8/19/2025