HomeMy WebLinkAboutO-13693City of Miami
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Legislation
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try Ordinance 13693
File Number: 1749
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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.
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 particulars:'
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
ARTICLE I. IN GENERAL
Sec. 22-1. Definitions.
' 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: 11/2/2017
File ID: 1749 Enactment Number: 13693
For the purpose of this chapter, the definitions contained in this section shall apply unless
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 swords "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 all times.
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File ID: 1749 Enactment Number: 13693
Commercial business. The swords "commercial business" shall mean and include
all retail, professional, wholesale, and industrial facilities and any other commercial
enterprises, for profit or not for profit, offering goods or services to the public.
Commercial Hauler. The words "Commercial Hauler" shall mean a licensed City
Franchisee that operates within the City limits and provides certain services to Multi -Family and
Commercial Businesses including but not limited to Garbage, Trash, Recycling, Roll -off, and
specialized waste handling service.
Commercial Landscaper. The words "Commercial Landscaper' shall mean an individual
or organization registered with the City (see Section 22-10 of the City Code) to provide grounds
and landscaping services to residences and/or commercial properties within the City for grounds
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
apartments, cooperative apartments, and/or multiple -story condominium buildings and any
other business or establishment of any nature or kind whatsoever other than a residential unit
as defined in this section.
Commercial solid waste. The swords "commercial solid waste" shall mean every
waste accumulation, including but not limited to, dust, paper, paper cartons, cardboard
cartons, excelsior, rags, garbage, plastics, metal containers, recyclable material, garden and
yard clippings and cuttings, bulky waste and other waste which is usually attendant to the
operations of commercial businesses or multifamily residences.
Commercial solid waste & Recycling advisory committee. The words "commercial solid
waste & Recycling advisory committee" shall be defined as an elected/appointed/selected
body created for the purpose of providing advice and recommendations on commercial solid
waste issues within the city in conjunction and cooperation with the department of solid waste.
Commercial solid waste service. The tef4:Rwords "commercial solid waste service" shall
mean the collection and disposal of garbage, trash, recycling, solid and processable waste for
all business, commercial, industrial, religious, health, educational, governmental and quasi -
governmental establishments, including the collection and disposal of construction and
demolition debris.
Condominiums. The words "condominiums" or "condominium buildings" shall be
deemed to mean any building or structure that evidences that form of ownership of real
property which is created pursuant to the State of Florida Condominium Act, which is
comprised of units that may be owned by one mor more persons, and in which there is
appurtenant to each unit an undivided share in common elements, except for properties
excluded by City Resolution No. 11807, adopted on June 22, 1999. Any condominiums with
three mor more dwelling units therein shall be classified as commercial establishments for
purposes of this chapter.
Construction and demolition debris. The words "construction and demolition debris"
shall mean materials generally considered to be not water soluble and nonhazardous in
nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe,
gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a
construction or demolition project, and including rocks, soils, tree remains, trees, and other
City of Miami Page 3 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
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.
Ca#ontainer-on-wheels: The words "cartontainer-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 ca-Rontainers, 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 means to throw, discard, place, deposit or bury
any litter and/or refuse except where permitted.
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File ID: 1749 Enactment Number: 13693
Dumpster. The word "Dumpster" shall mean Aan approved metal container on wheels
with a tightfitting solid top and a minimum capacity of one cubic yard or 202 gallons.
Enforcement officer. The words "enforcement officer" shall mean designated agents of
the city manager, acting by and through him/her, including but not limited to, sanitation
inspectors, code enforcement inspectors, police officers, NET Administrators and NET
inspectors.
Fiscal year. The words "fiscal year" shall mean the 12 -month period beginning October
Franchisee. The word "franchisee" shall mean a private commercial solid waste firm
that is granted a nonexclusive franchise by the city, to remove and dispose of solid waste from
commercial properties, which is required to pay a percentage of its gross monthly earnings to
the city pursuant to the provisions of this chapter.
Franchise agreement. The ter words "franchise agreement" shall mean a non-
exclusive agreement between the city and a qualified firm to provide commercial solid waste
services, as defined in this chapter, within the city.
Franchise fees. The tef4;;words "franchise fees" shall mean .;;Pd- MAGI -o 1961t 06 nn+
,
and safety ,RenoGtOGn fou(s). the monthly percentage of Gross Receipts remitted to the City by
each Franchisee. See Section 22-56 and Section 22-50 of the Citv Code. as amended.
Garbage. The word "garbage" shall mean every refuse accumulation of animal, fruit or
vegetable matter that attends the preparation, use, cooking and dealing in, or storage of
edibles, and any other matter, of any nature whatsoever, which is subject to decay,
putrefaction and the generation of noxious or offensive gases or odors, or which, during or
after decay, may serve as breeding or feeding material for flies or other germ -carrying insects.
Garbage ca-Rontainer. The words "garbage ca-Rontainer" shall mean a galvanized
metal, durable plastic or other suitable material container of the type commonly sold as a
garbage ca-Rontainer, including wheeled containers, of a capacity not less than 20 gallons and
not to exceed 96 gallons, haviRg at least twe ""R`y'e" UPE)R the sides ;"eTeGTsufficiently
strong f„r weFkmor+ to be emptyied conveniently, or a bail by which it may be lifted, and a
tightfitting metal or plastic top with handle, and so constructed as to permit the free discharge
of its contents. The container must not have any inside structures such as inside bands and
reinforcing angles or anything within the container to prevent the free discharge of the
contents. The container shall be free of jagged or sharp edges.
Gross receipts. The tefq:n-words "gross receipts" shall mean all monies, whether paid by
cash, check, debit, er credit, or any other legal form of payment, resulting from all transactions
and activities, within the Gity, 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, containerized waste services, equip—e-t FeRtal and
fuel surcharge, construction and demolition debris, roofing materials, trash, litter,
maintenance, compactors, refuse and/or rubbish collection removal and disposal services
rendered, hand bag collection, recycling (excluding Recovered Materials at commercial
establishments as defined by &403.703, Florida Statutes), or from any other source related
City of Miami Page 5 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749 Enactment Number: 13693
directly or indirectly from waste collection services, including, v.gi+he t limi+a+ieps but not limited
to, all income derived from leaSiRg and ren+inn of real „r taRgihlo PeFSGRal preperty, 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 swords "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 swords "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 Qandscape 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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File ID: 1749 Enactment Number: 13693
Large residential trash. The swords "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 swords "local government registration fee"
shall mean the annual; October 1St through September 30t", 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
Stat-utes 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 man
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 swords "multifamily 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 termword "NET" shall mean the Neighborhood Enhancement Team.
Neighborhood cleanups. The teffi4words "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 swords "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
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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 tewords '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 +ho , A'A'ten+�,f . +he 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 words "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 ter words "produce market" shall mean the area in which
produce vendors congregate and sell their products bounded by NW 10t"Avenue to the east,
NW 22nd Avenue to the west, NW 23rd Street to the north, and NW 20th Street to the south.
Public nuisance. The ter words "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 term 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.
Recycling. The tefi:Rword "recycling" shall mean any process by which solid waste, or
materials which would otherwise become solid waste, are collected, separated, or processed
and reused or returned to use in the form of raw materials or products.
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File ID: 1749 Enactment Number: 13693
Refuse. The word "refuse" shall mean any garbage, garden trash, industrial waste,
noncombustible refuse, rubbish, waste, bulk waste, containerized waste and/or solid waste.
Residential unit. The words "residential unit" shall mean any structure used or
constructed or modified or adopted for use as a single-family dwelling, duplex, cluster
housing, townhouse or multiple -family apartment building or other similar structure containing
three or fewer residential units, and which is located on a single lot, parcel or tract of land.
Each dwelling unit of a duplex, cluster housing, townhouse, or multiple -family building or other
similar structure shall be deemed a separate residence.
Roll-off/container. The swords "roll-off/container" shall mean a metal container,
compacted or open, with or without wheels, 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 waste, but not garbage
or commercial refuse.
Roominghouses; /boardinghouses. A The word "rooming house" shall mean+& any legal
nonconforming a -residential building used, or intended to be used, as a place where sleeping
or housekeeping accommodations are furnished or provided for pay to transient or permanent
guests or tenants which does not maintain a public dining room or cafe in the same building or
in any building in connection therewith. A The word "boardinghouse" +s -shall mean an
establishment where meals are regularly prepared and served for compensation for five or
more persons, and where most of the food is placed upon the table family style without
service or ordering of individual portions from a menu. Boardinghouses may also provide
lodging for compensation. The proprietor of a roominghouse or boardinghouse may receive or
reject whom he wishes and usually makes special oral or written contracts with each of his
lodgers concerning compensation and length of stay.
Rubbish. The word "rubbish" shall mean refuse accumulation of paper, excelsior, rags
or wooden or paper boxes or containers, sweepings and all other accumulations of a nature
other than garbage, which are usual to housekeeping and to the operation of stores, offices
and other business places, and also any bottles, cans or other containers which, due to their
ability to retain water may serve as breeding places for mosquitoes or other water breeding
insects; rubbish shall not include noncombustible refuse, as defined above.
Safety inspection fee. The swords "safety inspection fee" shall mean a regulatory
fee pursuant to F.S. § 166.221, imposed by the solid waste director upon a franchisee for
inspection of substandard, unsafe, or inoperable vehicles and/or equipment.
Screening. AThe word "Screening' shall mean a landscaped area with shrubs three
feet in height at time of planting to form a continuous, unbroken solid buffer, or a five -foot -high
fence or C.B.S. wall finished and painted on both sides to provide a visual barrier.
Service unit. The words "service unit" shall mean four sleeping rooms or a fraction
thereof, where no cooking privileges are provided, located in any commercial establishment.
Small trash. The words "small trash" shall mean bundled and clean yard and garden
trash, including shrubbery, vines, and branches capable of being gathered into bundles and
tied securely so that each bundle does not exceed three feet in length or weigh more than 50
pounds; all accumulations of lawn, grass or shrubbery cuttings or clippings and leaf rakings,
free of dirt, rock, large branches and bulky or noncombustible materials which can be
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File ID: 1749 Enactment Number: 13693
containerized and not weigh over 50 pounds, per ca+4ontainer; and accumulations of tree
branches, tree limbs, parts of trees, bushes and shrubbery which are up to three inches in
diameter and do not exceed four feet in length, do not weigh over 50 pounds, are too large to
be containerized, but require and can be bundled and tied, and other non -hazardous, non -
construction, non -demolition, non -biomedical material small enough to be bagged, bundled, or
containerized or does not exceed three feet in length or weigh more than 50 pounds. Small
trash shall be placed out along with garbage for twice per week collection.
Solid waste. The words "solid waste" shall mean garbage, rubbish, refuse, or other
discarded material, including solid, liquid, semisolid, or contained gaseous material resulting
from domestic, industrial, commercial, mining, agricultural or governmental operations.
Solid waste disposal and resource recovery facility. The words "solid waste disposal
and resource recovery facility" shall mean any solid waste disposal area, volume reduction
plant, transfer station or other facility, the purpose of which is resource recovery or the
disposal, recycling, processing, transfer or storage of solid waste.
Source separated. The swords "source separated" shall mean the recovered
materials are separated from solid waste where the recovered materials and solid waste are
generated. The term does not require that various types of recovered materials be separated
from each other and recognizes de minimis solid waste, in accordance with industry standards
and practices, may be included in the recovered materials. Materials are not considered
source separated when two mor more types of recovered materials are deposited in
combination with each other in a commercial collection container located where the materials
are generated and such materials contain more than ten percent solid waste by volume or
weight. For purposes of this subsection, the term "various types of recovered materials''
means metals, paper, glass, plastic, textiles, and rubber.
Special Events. The swords "Special Events" shall mean Events as delineated in
Section 22-171(a)(7) of the City Code and any other designated Event designated as a Special
Event by the City Commission, City Manager and/or Designee.
Special non-residential trash collection. The swords "special non-residential trash
collection" shall mean yard and garden trash weighing more than 50 pounds, too large to be
containerized for commercial collection, clean and free of dirt, rocks, trash and any other
debris. It includes accumulations from major tree cutbacks (exceeding ten inches in diameter
and four feet in length and weighing more than 50 pounds). Collection by the city must be
approved and scheduled by department prior to set out or fines will be incurred.
Special residential collection. The swords "special residential collection" shall mean
a collection of non -hazardous, non -industrial, waste beyond the normal city garbage, trash,
and recycling, including bulky waste and large trash, for which residents or property owners
will be charged the cost of collection, disposal and the appropriate administrative fees. Such
collection excludes asbestos, whole or used tires, oil, lead -acid batteries, mercury lights,
combustible, hazardous, biomedical and biological waste.
Specialized waste handler. 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 to white goods, waste
tires, used oil, lead -acid batteries, construction and demolition debris, ash residue and
biomedical and biological waste.
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Specialized waste. The to 4words "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 to 4words "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 termwords "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 ter words "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 (3) units or less shall be
collected, conveyed and disposed of by the city twice a week. Hours and days on which
containers are to be collected shall be as prescribed by the director. All small trash,
containerized waste, and garbage to be removed by the city shall be placed at curbside in
front of the property for removal by the city as scheduled by the director, in such a manner as
not to obstruct pedestrian passage or impede collection by city forces. The director may make
exceptions to these rules to accommodate disabled and elderly persons. Each residence in
the city shall have a S ffinie Flt Fl imhor of gaFbage Gams' plaStOG halts eF peFtahle GGRtaiReFs be
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. cheuld the ni+„
g arbage 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 by 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: 11/2/2017
File ID: 1749 Enactment Number: 13693
set forth by Resolution of the City Commission. The leased Garbage Containers will be
assessed on the property owner's tax bill on an annual basis, except as provided for in
Section 22-12(b)(2) of the City Code. Should the request for an additional Garbage Container
occur after the annual assessment has been issued, payment must be made by check on a
prorated basis. The lease shall be for a one (1) year period and cannot be prorated.
(b) Every commercial property shall utilize the waste collection services of a franchisee
authorized to perform such services by the city commission. It shall be the responsibility of the
owner, occupant, tenant or lessee of the commercial establishment to properly dispose of all
trash, waste and garbage generated by such commercial property. Each commercial property
in the city shall have a sufficient number of scheduled collections, garbage ca+4ontainers,
plastic bags or portable containers to accommodate all garbage, bundled garden trash or
rubbish to be removed by the franchisees. Franchisees shall be required to remove all refuse
placed or spilled within a ten foot radius of the container being serviced. Service minimums for
multi -family dwellings shall be as fo"„o s: 1 4'its - 2 GY @ 2 x per week9 URits - 3
3346'�ts - o rev ^ 3 x perweek; and-QveF 49 1JRits - 9 GY @ F x per, eek delineated in
Section 22-14(b). Noncompliance with any portion of this section shall be punishable in a
manner set forth in sections 22-6 and 22-93 of the Citv 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 center, for the area where service will be discontinued, at least seven business
days' prior notice of its intention to discontinue such service. The franchisee shall additionally
mail to the owner, occupant, tenant or lessee of the commercial property a notice that it is
discontinuing waste collection services for that commercial property. Duplicate copies of this
notice shall be simultaneously mailed by the franchisee to the department and the NET
service center for the area where such service will be discontinued. A commercial property
which does not have current waste collection services being furnished shall be subject to
having an administrative service fee imposed pursuant to section 22-93.
All food service properties producing raw or processed organic waste matter as a
major portion of their waste stream shall provide for the removal of such material a minimum
of three times per week.
(c) The garbage or trash container site for commercial properties shall:
(1) Be situated in an easily accessible location for collectors;
(2) Be a platform constructed of concrete above ground level in the case of a
commercial property, and shall be large enough to accommodate an appropriately
sized dumpster for the facility being serviced;
(3) Be constructed in such a manner as to discourage or eliminate the possibility of
rodents breeding under the platform; and
(4) Be screened from any street, alley, sidewalk or adjacent property. Such screeninc
shall be maintained in perpetuity by the property owner. Screening shall be
constructed of chain link fencing with slats (cyclone fencing) or wood picket fencing.
Sunken containers are hereby declared to be hazardous to the health, welfare and safety of
the residents of and visitors to the city and to the city's waste collection personnel.
Accordingly, such containers shall immediately be replaced with approved containers and the
holes where they were previously sunk shall be filled with clean, solid fill.
City of Miami Page 12 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749 Enactment Number: 13693
Franchisees will be responsible for servicing of containers until such time as they have been
removed. Commercial multifamily properties without service will be subject to administrative
and service fees imposed pursuant to section 22-93 herein, should the city be required to
provide service the property owner will be invoiced for service as required and at the cost
associated with the unit structure provided in (b) of this section.
(d) All new commercial properties and/or structures, as defined in this chapter, shall
provide a garbage and/or trash room as required and provided for in Ordinance No. 11000,
the zoning ordinance of the city. Any existing structure, legally established but currently
nonconforming with regard to Ordinance No. 11000, upon expansion of the existing structure
by 25 percent or more of its existing floor area, or its repair or renovation at cost exceeding 50
percent of its current value as established in the assessment made by the Miami -Dade County
property appraiser, shall be required to comply with the requirements of this chapter; any
series of repairs and/or renovations during any five-year period shall require the property to
conform to the requirements of this chapter. Additionally, a change in the use of any legally
established, but nonconforming structure shall require such structure's compliance with the
requirements of this chapter prior to the issuance of a certificate of use and/or occupancy by
the building and zoning department.
(e) At no time shall any garbage ca+4ontainers, 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 ca+4ontainers, 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 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
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.
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: 11/2/2017
File ID: 1749 Enactment Number: 13693
(c) Prohibited act(s). The following shall be unlawful:
(1) Dumping litter and/or refuse in any manner or amount whatsoever in or on any
public highway, road, street, alley, thoroughfare, or any other public lands, except in
containers or areas lawfully provided therefor. The provisions of F.S. ch. 403.413, as
amended, shall apply to all public rights-of-way within the city.
(2) Dumping litter and/or refuse in or on any freshwater lakes, canals, rivers or streams
or tidal or coastal waters of the city.
(3) Dumping litter and/or refuse and burying waste in any manner or amount
whatsoever on any private property, unless prior written consent of the owner has
been given, and such disposal has been authorized via permit by the county health
department, provided said litter and/or refuse will not cause a public nuisance or be in
violation of any other state or local laws or regulations.
(4) Sweeping, blowing by mechanical means or dumping litter and/or refuse including
stagnant water or dead animals into, upon or along the drain, gutter, alley, lane,
sidewalk, street or vacant lot, or in any public or private premises within the municipal
limits of the city.
(5) Causing, maintaining, permitting or allowing the accumulation of any litter or refuse
on any construction or building site before, during or after completion of said
construction or building. It shall be the duty of the owner, or the owner's agent, of the
property in question to make adequate provisions for the disposing of debris and litter
and to have on the construction or building site adequate facilities for the disposing of
said litter and refuse and to make appropriate arrangements for the collection thereof.
Said arrangements and/or methods for disposing litter and debris shall be approved by
the director prior to the issuance of a building permit.
(6) Disposing of the carcass of any dead animal, domestic or otherwise, by the
throwing, discarding, placing or depositing of said carcass in or on any of the locations
noted in subsections (c)(1) through (3) of this section.
(7) Discarding of garbage, fruit, or other matter subject to putrefaction, rotting or decay
at minidumps shall constitute a violation of this chapter. Minidumps are restricted to
use by residents of the city for the deposit of bulky waste from residential properties.
The method of transporting this waste shall be as prescribed in Section 22-7 herein.
(8) Obstructing use of public facility, salvaging or vandalism by any person on the
premises at which minidumps are located constitutes a violation of this chapter.
(d) It shall be unlawful for any owner, occupant, lessee, employee, franchisee or other
person from any commercial property to dump or cause to be dumped any material
whatsoever from such commercial property at or upon any minidumps, public rights-of-way,
city property or any unauthorized disposal location.
(e) It shall be unlawful for any person, franchisee, firm, corporation or other legal entity
to collect, remove or transport any solid waste material for compensation from any location or
premises within the city without first having been granted a nonexclusive franchise by the city.
(f) It shall be unlawful for any person, firm, corporation or other legal entity to utilize the
services of any commercial solid waste collector who does not have a valid city solid waste
nonexclusive franchise.
(g) Declared public nuisance. In addition to, and not in limitation upon any enforcement
action for violation of this section, it is the intent of the city commission to declare the dumping
of litter and/or refuse in the city, as hereinbefore described and prohibited, a public nuisance
and to subject violators of this section to the provisions of this chapter calling for removal of
such a public nuisance through notice, hearing and a lien enforcement procedure if the city so
City of Miami Page 15 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
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. § 403.413, also known as the "Florida Litter
Law," and chapter 15 of the Code of Metropolitan Dade County, as amended from time to
time, are hereby added to this Code of Ordinances and incorporated by reference herein. The
city commission also respectfully suggests to any court finding persons guilty of violations of
the "Florida Litter Law" that the provisions of F.S. ch. 948, "Probation," be utilized liberally in
order to require such persons to expend appropriate amounts of time and effort gathering up
litter and refuse at places within the city as may be designated by the court.
(i) Noncompliance with any section shall be punishable in a manner as provided in
sections 22-6 and 22-93. Noncompliance may result in the city's taking such action as it
deems appropriate under the circumstances, and a lien shall be imposed against the property
for recovery of all costs involved.
0) 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 Littering and for illegal
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: 11/2/2017
File ID: 1749 Enactment Number: 13693
commercial vehicle. All such debris generated 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 of Solid Waste.
city.
(b) The provisions of F.S. § 403.413 shall apply to all public rights-of-way within the
(c) The following civil fines shall be imposed for violations of this section:
(1) By any person, $500.00 fine.
(2) From any commercial vehicle, $1,Oa50.00 fine.
Sec. 22-12. Waste fees.
(a) An annual waste fee, per residential unit, is hereby assessed upon all city serviced
residential units as defined in section 22-1 and as set forth by resolution of the city
commission. These fees shall apply to all single and multifamily residences of three units or
less within the city and shall serve to defray the cost of waste collection and disposal.
Effective October 1, 1999, the city may utilize the uniform method of collection pursuant to
F.S. ch. 197, whereby residential unit owners shall pay for residential solid waste collection
services on the tax bill, in accordance with the provisions of F.S. ch. 197, as amended. If the
city elects not to use the tax bill collection method then one-half of said annual fee amount
shall be due and collectible on January 1 and on July 1 of each calendar year, beginning
January, 1999.
(b)(1) All fees billed shall be due and collectible upon receipt. The fact that any
residential unit or any commercial establishment located in the city is occupied shall be prima
facie evidence that garbage and other refuse is being accumulated or produced upon such
premises; and temporary vacancy shall not authorize a refund or excuse the nonpayment of
the applicable fee. In the event the city elects to use the tax bill collection method and upon
the adoption of the assessment roll, all solid waste assessments shall constitute a lien against
assessed property equal in rank and dignity with the liens of all state county, district, or
municipal taxes and special assessments. Except as otherwise provided by law, such liens
shall be superior in dignity to all other period liens, mortgages, titles, and claims until paid.
The lien for a solid waste assessment shall be deemed perfected upon adoption by the city
commission of the final assessment resolution, whichever is applicable. The lien for a solid
waste assessment shall be deemed perfected upon adoption by the city commission of the
final assessment resolution or the annual rate resolution, whichever is applicable. The lien for
a solid waste assessment collected under the Uniform Assessment Collection Act shall attach
to the property included on the assessment roll as of the prior January 1, the lien date for ad
valorem taxes imposed under the tax roll.
(2) Separate Billing for Additional Leased Garbage Container(s) for the Fiscal Year
Beginning October 1, 2017. For the Fiscal Year beginning October 1, 2017, the owner of an
Assessed Property which leases one (1) or more additional leased garbage containers from the
City for Solid Waste shall be charged the additional fee(s) per each Additional Leased Garbage
Container as set forth in Sections 22-2 and 22-12, which fee(s) shall be charged separately and
billed separately to the owner by the City's Department of Solid Waste: for the Fiscal Year(s)
beginning October 1, 2018 and thereafter, the fee(s) charged for any Additional Leased
Garbage Container(s) shall be charged and collected for each one year period by using the tax
bill collection method as set forth in Sections 22-2 and 22-12 of the City Code.
City of Miami Page 17 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
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
Code
Description
Units Up
To
Unit
Base
Rate
Rate Per
Unit
CU01
Apartments, Rental Property
2
Units
$0.00
$0.00
CU01
CU01
Apartments, Rental Property
Apartments, Rental Property
12
Units
$102.00
$0.00
LC.00
50
Units152.00—
CU01
Apartments, Rental Property
999,999
Units
$152.00
5.00
CU02
Hotel, motel and rooming houses
2
Units
$0.00
$0.00
CU02
Hotel, motel and rooming houses
12
Units
$102.00
$0.00
CU02
CU02
CU03
CU03
CU03
CU03
CU03
Hotel, motel and rooming houses
Hotel, motel and rooming houses
Retail
Retail
Retail
Retail
Retail
50
Units
$152.00
$152.00—
$0.00
$.00
999,999
Units
500
Sq. ft.
$76.00
$0.00
2,500
Sq. ft.
$102.00
$0.00
5,000
Sq. ft.
$127.00
$0.00
15,000
Sq. ft.
$152.00
$0.00
25,000
Sq. ft.
$203.00
$0.00
CU03
Retail
50,000
Sq. ft.
$229.00
$0.00
CU03
Retail
999,999
Sq. ft.
$254.00
$0.00
City of Miami Page 18 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749
Enactment Number: 13693
I
-CU04
Wholesale and storage
500
Sq. ft.
$76.00
I $0.00
CU04
Wholesale and storage
2,500
Sq. ft.
$102.00
$0.00
CU04
Wholesale and storage
5,000
Sq. ft.
$127.00
$0.00
CU04
Wholesale and storage
15,000
Sq. ft.
$152.00
$0.00
CU04
Wholesale and storage
25,000
Sq. ft.
$203.00
$0.00
CU04
Wholesale and storage
50,000
Sq. ft.
$229.00
$0.00
CU04
Wholesale and storage
999,999
Sq. ft.
$254.00
$0.00
CU05
Manufacturing
500
Sq. ft.
$76.00
$0.00
CU05
Manufacturing
2,500
Sq. ft.
$102.00
$0.00
F-CU05
Manufacturing
$127.00
$0.00
5,000
Sq. ft.
CU05
Manufacturing
15,000
Sq. ft.
$152.00
$0.00
CU05
Manufacturing
25,000
Sq. ft.
$203.00
$0.00
CU05
Manufacturing
50,000
Sq. ft.
$229.00
$0.00
CU05
Manufacturing
999,999
Sq. ft.
$254.00
$0.00
-006
Office buildings
500
Sq. ft.
$76.00
$0.00
CU06
Office buildings
2,500
Sq. ft.
$102.00
$0.00
CU06
Office buildings
5,000
Sq. ft.
$127.00
$0.00
CU06
Office buildings
15,000
Sq. ft.
$152.00
$0.00
CU06
Office buildings
25,000
Sq. ft.
$203.00
$0.00
CU06
Office buildings
50,000
Sq. ft.
$229.00
$0.00
CU06
Office buildings
999,999
Sq. ft.
$254.00
$0.00
CU07
$0.00
Open Areas (Parking lots, garages, 20,000 Sq. ft. $102.00
auto sales)
CU07
Open Areas (Parking lots, garages, 50,000 Sq. ft. $127.00
$0.00
auto sales)
CU07
Open Areas (Parking lots, garages, 999,999 Sq. ft. $254.00
$0.00
auto sales)
CU08
Amusement parks, dog tracks, 300 Fixed $508.00
$0.00
frontons Y fee
CU09Arenas,
dance halls, pool halls, 20,000 Sq. ft. $127.00
bowling lanes
$0.00
CU09
F
Arenas, dance halls, pool halls, 50,000 Sq. ft. $203.00
bowling lanes I
$0.00
CU09
Arenas, dance halls, pool halls, 999,999 Sq. ft. $254.00
F
$0.00
bowling lanes I I
F CU10
F Theaters 100 Seats I $152 -OOT
$0.00
F-CU10 -F
Theaters 500 Seats 1 $212.00
1 $0.00
City of Miami Page 19 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749
Enactment Number: 13693
_CU1O
Theaters
999,999
Seats
$212.00
-
I $5.00
CU11
Hospitals
100
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
CU13 A.C.L.F. non-profit 85
Ffeed $144.00
$0.00
CU14 A.C.L.F. profit 125
Ffeed $212.00
$0.00
Y
I
Ffeed
CU15 C.B.R.F. non-profit 85
$144.00
$0.00
CU16 C.B.R.F. profit 125
Ffeed $212.00
$0.00
CU17 S.A.F. non-profit 85
Ffeed $144.00
$0.00
CU18 S.A.F. profit 125
Ffeed $212.00
$0.00
CU19 Day care centers and nursery schools 85
Fixed $144.00
$0.00
(non-profit)
fee
ay care centers and nursery schools 125
CU20 r
Fixed $212.00
$0.00
(profit)
fee
F-CU22 F Miscellaneous Y 500
Sq. ft. $85.00
$0.00
CU22 Miscellaneous 2,500
Sq. 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
F CU22
Miscellaneous
Sq. ft.
$254.00
$0.00
999,999
CU23
Marinas
Boat
slip
$0.00
$0.00
3
Boat
CU23
Marinas
12
$93.00
slip
$0.00
Boat
CU23
Marinas
50
$203.00
slip
$0.00
999,999
CU23
YMarinas
I
Boat I $203.00
$5.00
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 ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749 Enactment Number: 13693
CU24
Restaurants, lounges, bars
200
Seats
$254.00
I $0.00
CU24
Restaurants, lounges, bars
999,999
Seats
$254.00
$3.00
CU25
Pawn shops
1,000
Sq. ft.
$135.00
$0.00
CU25
Pawn shops 5,000
Sq. ft.
$203.00
$0.00
CU25
Pawn shops 999,999
Sq. ft.
$212.00
$0.00
Ffeed
CU26
Convenience stores 0
$127.00
$0.00
CU27
Dade County public schools 0
$0.00
Ffeed $127.00
Sec. 22-14. City and commercial collection of solid waste.
(a)lt 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 accomaanied by addina Recvclina reauirements 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 ca-Rontainers = 1 cubic yard):
City of Miami Page 21 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
Container
Minimum
# of Units
Capacity
Frequency
1-4
2 CY —�
2 x week
5-8
3 CY or
2 x week
2 CY
3 x week
9-12
4 CY
2 x week
13-16
4 CY or
3 x week
City of Miami Page 21 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749 Enactment Number: 13693
5 x week
17-32 1 6 CY 1 3 x week
1 33-48 1 8 CY 1 3 x week
Over 48 1 8 CY 1 5 x week
Note: Frequency will increase depending on amount of garbage generated. All equipment
utilized by a franchised private hauler shall comply with the requirements and provisions of
this chapter. All containers shall be screened from the direct view of the adjacent property
owner. The department reserves exclusively the right to collect solid waste from any city
governmental facility, or any facility constructed or erected on city -owned or leased property,
regardless of location.
(c) The director and the director's designated representatives are assigned the
responsibility for enforcement of solid waste collection procedures enumerated herein. The
Citv Manaaer or desianee has the authoritv to reauire the increase of freauencv and/or size of a
Solid Waste bin/container at Solid Waste generating dining establishments/restaurants or
produce dispensing places if he/she determines that such locations pose an imminent hazard to
the public health, safety, and welfare including but not limited to the presence of insects,
rodents, continuous overflowing Trash, and/or other potential health risks.
(d) Newspapers or other salvageable Solid Waste materials defined as aluminum
cans, glass and plastic bottles, metal and tin cans, and which shall be separated from all solid
waste materials as provided for herein shall be placed at the curb in a container provided by
the city on the regularly scheduled recycling collection day or otherwise recycled unless
otherwise designated by the director. It shall be unlawful for any person, firm or corporation
not licensed therefor, other than the owner, lessee, or occupant of that residential building,
except city personnel to collect or otherwise remove any newspapers or other salvageable
materials which have been specifically placed for collection in the recycling collection
program. The penalty as contained in section 1-13 is hereby applicable to violations of this
section.
Sec. 22-15. - Educational trust fund established from recycling program for scholarships to
children of certain city employees; conditions for implementation and Scholarship Committee.
LqLThe moneys received by the city from the recycling of newspapers and other
salvageable materials ("recycling program") shall be separately received, maintained and
accounted for in an independent fund account to be held in the same manner as a trust
account by the city for an educational fund hereby established upon the conditions as set forth
in this section. The funds received, pursuant to the city's recycling program, shall be the
subject of a separate appropriations ordinance to be adopted by the city commission and
separately adrniFlisteFe 7 by appFepFiate peFS )RRel of the t„ awarded and approved by the
City Manager through his/her designee. Upon the accumulation of $1,000,000.00 in funds
received through this recycling program, all interest, as it accrues upon such principal amount,
shall be utilized, subject to the sufficient accrual of interest, to pay for up to 15 scholarships,
awarded annually, to educational institutions for the employees of the department to attend
educational programs or F.A.C.E. Code Enforcement certification, or for commercial drivers
license certification; in addition up to 15 scholarships shall be awarded annually to college
level educational institutions for the children or legal dependents of the employees of the
department, as determined by the ^i+„ n„mmicciGR to have the "mates+ rood designated
Scholarship Committee to have met the established requirements for such scholarships; each
City of Miami Page 22 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749 Enactment Number: 13693
scholarship award shall 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 of each scholarship, a lesser amount of scholarship will be awarded by the G#Y
^..mon ScholarshiD Committee. 4w;;rds ,^,i" ho h^s;od nn Oho
ro^iPieRtS frnm the de.Par+mon+ The individual awards will be based upon the
recommendations from the Scholarship Committee.
b) The Scholarship Committee will be comarised of three (3) members - one (1) member
from the Department of Human Resources; one (1) member from American Federation of
State, County, and Municipal Employees, Local 871; and one (1) member from the Department
of Solid Waste Staff. The Scholarship Committee will create the criteria for qualification for
the awards which shall be approved by the City Manager or his/her designee.
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 OR the
f^rm of a GheGk 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 diFeEteF 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.
City of Miami Page 23 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749
Enactment Number: 13693
For the collection of clean vegetative materials only, property owners or occupants
shall also be subiect to the Drovisions of Section 12.15(7) of the Citv 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 gity'c .,aryl trach
rnaRagemeRt fagility nn Virginia Key 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:
(1) Small trash items as defined herein shall be placed into garbage Gane nlactig bags
hi it not to evgeed 50 gni IRdS 0 r! Whigh are to be Planegi inc�irle fnr Oho nit y to Pink 61P nn
regi alar garbage gnllegtinn day. Shni ilrl the nit y implement cemi_ai itnmaterl nr
s+t-y 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 to he left at fnr the gity to pink 61P nn the regi!lar garbage
setlest+ep 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. Special residential collections will be
scheduled on a mutually agreed date with the account and in accordance with
paragraph (f)(4) below.
(f) Use of minidumps by property owners; or occupants nr lanrlcgape firms.
(1) Minidumps are restricted to use by property owners or occupants and them
peFFeit.
(2) Dumping at the City Minidumps of any material other than garden trash, armee
an,d-shrubbery trash, small trash and other materials are designated by the department
director OR nit„ mipid imps is prehibi+erl
(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)
fer d UFFlPiFIg permit is to be merle to the departmDecal permits will be issued free
of charge on an guaFteFly annual basis. The decal permits shall be conspicuously
affixed to all vehicles used by landscape firms in transporting trimmings and cuttings4e
miFlim'nTidumpp's. Landscape firms shall register quaFteFly annually with the department for
completion and updating of permit application which will require: number of city
accounts, identification of accounts, average "umber of leads dumped per rrorIth
vehicles being used, and applicable local business tax receipt. Temperer„ ere time
City of Miami Page 24 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749 Enactment Number: 13693
h. icinocc in
the ,.ity. Permits shall be revocable by the director for violations of
ordinances and policies minid in;p Penalties shall range from
temporary to permanent suspension of d lFnPiRg privileges 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's Business Tax
Receipt ordinance.
(7) Landscape firms and gardeners are required to dispose of all garden and related
trash vegetative materials only generated by them while doing business in the city at to
an approved disposal or transfer site. Landscape Firms and gardeners providing
services at single family homes and dwellings of three (3) 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 (2) 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 the trimming or cutting of trees resulting in larger
than one hundred (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 deepl) 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.
(g) It shall be unlawful for any person to place discarded household furniture or
furnishings, stoves, refrigerators and like articles at any place visible from the street, on either
publicly or privately owned property, at any time under any conditions other than as set forth
above.
(h) Until further noticed the department will collect special non-residential trash as
defined herein from commercial properties, as defined herein, that are under contract for
regular garbage and trash collection services with a nonexclusive commercial solid waste
hauler.
(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
Sec. 22-19. - Recycling programs required for multi -family residences of four units or more.
(a) From the effective date of Ord. No. 13194, a multi -family residence of four units
or more shall provide for a recycling program which shall be serviced by a permitted
franchisee as determined by the city commission or a Florida 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) Newer Mixed -paper, cardboard.
(2) Glass (flint, emerald, amber).
(3) Aluminum cans.
(4) Steel cans.
(5) Plastics, ETC unoE Fl atuFal unoE Ee,ored�-Coded 1 — 7, See Section 22-20 of
the City Code.
City of Miami Page 25 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
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
liable. Any penalties imposed pursuant to this section may include an administrative fee
imposed pursuant to section 22-93.
Sec. 22-22 22 45. Reid -Landscaper Permit Required.
In order to operate within the City limits, all Commercial Landscapers/ Gardeners must
register with the City by October 1 st 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. aer occurrence. No renewal Landscaae Permit will be issued if there is an oxen
violation or unpaid balance from a prior violation.
Sec. 22-22-3-22-45. Reserved.
City of Miami Page 26 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749 Enactment Number: 13693
ARTICLE II. REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE
COLLECTION
Sec. 22-47. Application for franchise.
Applications for a franchise shall be made to the purchasing department upon such form and
in such manner as shall be prescribed by the director of purchasing to elicit the following
information and to be accompanied by supporting documents and such other information as
may be required by the purchasing department:
(1) Name of applicant. If the applicant is a partnership or corporation, the names and
business addresses of the principal officers and stockholders and other persons having
any financial or controlling interest in the partnership or corporation. Provided, however,
that if the corporation is a publicly owned corporation having more than 25 shareholders,
then only the names and business addresses of the local managing officers shall be
required.
(2) Character of applicant. The applicant for a franchise under this section, if an individual, or
in the case of a firm, corporation, partnership, association or organization, any person
having any financial, controlling or managerial interest therein, shall be of good moral
character. In making such determination the following information, which shall be
submitted by applicant, shall be considered:
a. Penalty history. If the applicant is an individual, a record of all convictions and the
reasons therefore shall be provided by the applicant. If the applicant is other than an
individual, then the record of all convictions and the reasons therefore of the
principal controlling officers of applicant shall be provided. Provided, however, that
in the case of a publicly held corporation having 25 or more shareholders, then only
the aforementioned information applicable to its local managing officers shall be
required.
b. Fingerprints. The fingerprints of the persons mentioned in this subsection, a full set of
which, for each of such persons shall accompany the application. Such service shall
be obtained from a public agency.
c. Business history. Whether such applicant has operated a solid waste collection
removal business in this or another state under a franchise, permit or license and if
so, where and whether such franchise, permit or license has ever been revoked or
suspended and the reasons therefore.
d. Existence of business entity. If the applicant is a corporation, applicant shall submit
proof of incorporation in good standing in the state of incorporation and, if a foreign
corporation, applicant shall provide information certifying that applicant is qualified to
do business in the state. If applicant is operating under a fictitious name, applicant
shall be required to submit information that such fictitious name is registered and
held by applicant.
(3) Equipment and method of operation. The applicant for a franchise shall possess
equipment capable of providing safe and efficient service. In making such a
determination and approving the method of operation for each applicant, the department
shall require the following information:
a. The type, number and complete description of all equipment to be used by the
applicant for providing service pursuant to this chapter.
b. A statement that applicant will use only city- and/or county -approved disposal sites
for disposing of all garbage, garden trash, industrial waste, and solid waste material
City of Miami Page 27 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749 Enactment Number: 13693
which applicant collects and removes, except those sites which heretofore have
been approved by the State of Florida department of environmental protection.
c. The names of customers and the addresses of each location served by the company.
(4) Insurance requirements.
a. The applicant for a franchise shall maintain insurance as specified herein and shall
furnish a public liability policy to the department and also file with the department a
certificate of insurance for the policy written in the applicant's name. The certificate
shall provide that the policy contain an endorsement requiring that the department
shall be furnished with ten days' notice by registered mail prior to cancellation or
material changes in the policies. The applicant shall carry in the applicant's own
name an automobile liability insurance policy covering the applicant's operations
with a combined single limit of $1,000,000.00 per occurrence for bodily injury and
property damage liability. The city shall be listed as an additional insured for liability.
b. A performance bond or an acceptable alternative in an amount equal to the
contractor's previous 12 -month franchise fee(s) paid to the city or a minimum of
$25,000.00, whichever is greater, as security for any fee(s) due to the city under the
franchise agreement(s) with good and sufficient sureties conditioned upon the
compliance of the terms of this chapter in such form as required by the city attorney.
Said performance bond, or alternative acceptable by the department, shall not
expire prior to six months from the commencement of the term of the franchise
agreement and any extensions thereof.
(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's agents or employees.
(6) Limitation on hours of operation. Private waste collection operators franchised by the city
shall service their accounts, located within 100 feet of residential districts only between
the hours of 7:00 a.m. and 11:00 p.m., except as determined and defined by the director.
Commercial corridors as determined by the director.
(7) Application form. Each application for a franchise shall be made on a standard form
promulgated by the director of purchasing and shall include an affirmation that the
applicant will comply with this chapter in all respects.
(8) Review and issuance. The completed application shall be submitted to the purchasing
department. Upon receipt of a completed application, the director of purchasing shall
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.
Sec. 22-48. Denial of application.
Should the director of purchasing propose denying an application for a franchise, the applicant
shall be notified of such denial by certified mail not later than 14 days prior to the director of
purchasing making such recommendation to the city commission. The notice of denial shall
contain a statement of the reasons why the application is being recommended for denial.
Sec. 22-50. Annual Franchise fees: Franchise Fees.
(a) Commencing October 1 of every new fiscal year, each and every franchisee shall
pay an annual permit per account fee of $75.00, payable in October and prorated as provided
by the schedule below for the first year only, for each-aEt+ve account that was acquired or
maintained +e through the pFevieus fiscal year for purposes of providing commercial solid
waste services or spe Gialize I waste I'1andloRg GeFViG6.r rmnr onnh !3GG )6lRt aGq imFed 11Y
City of Miami Page 28 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749 Enactment Number: 13693
Month of
October
November
December
January
February
50.00
March
43.75
April
37.50
31.25
25.00
118.75
May
June
July
Au ust 12.50
September 6.25
(b) Beginning October 8, 2009, each and every franchisee shall pay an annual
franchise fee by October 1 each year of the franchise term (and of any extension thereof) in
the amount of $7,500.00, with such franchise fee being increased by $500.00 per year
beginning October 1, 2010. Failure to remit the required annual franchise fee by the due date
shall result in a one and one-half percent penalty per month on the balance due.
(c) Beginning October 8, 2009, each and every franchisee whose primary business is
limited to solid waste that requires special handling and management shall pay an annual
specialized waste handling permit fee by October 1 each year of the franchise term (and of
any extension thereof) in the amount of $3,500.00 for the right to provide only specialized
waste handling services within the city limits. If a franchisee is providing only specialized
waste handling services within the city, then annual franchise fee will increase by $500.00 per
year beginning October 1, 2010. Failure to remit the required annual franchise fee by the due
date shall result in a one and one-half percent penalty per month on the balance due.
(d) Beginning October 1, 2015, each and every franchisee shall pay the city a $500.00
safety inspection fee if a franchisee's vehicle(s) or equipment is believed to be defective,
inoperable, substandard, or potentially unsafe OR the deters iFlati„r of as determined by the
Director of solid waste�'�tor. This is a regulatory fee as referenced in Section 166.221,
Florida Statutes. This fee is for the municipal inspection of the vehicles being used by
franchisee within the city. The applicable vehicles are those operated by franchisee within the
city boundaries. The vehicles will include, but are not limited to, roll -offs, grapple trucks, front
and rear end loaders, vactor trucks, dump trucks, trailers, and any other vehicles used for
business, collection and disposal of any debris by the franchisee.
City of Miami Page 29 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
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 1 st12015,. end o�^h fisGal year +hero.af+or
to the Citv for an annual Deriod which will beain October 1 st and end Seatember 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 Aareement.
Sec. 22-53. Information required of franchisees.
(a)At least annually aP4 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/ca-Rontainers 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.
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(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.
Th+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 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 monthly gross
receipts, the city shall charge a penalty of one and one half percent per month on the
outstanding balance until paid and additionally the franchisee shall have to pay all expenses
of collection, including court costs and reasonable attorneys' fees.
(c) To effectively provide for the payment of said franchise fee by the franchisees to
the city, any person seeking to renew his annual local business tax receipt pursuant to the
provisions of chapter 31 of this Code shall, in addition to the requirements set forth therein,
provide the city finance department with evidence of all fees imposed by the provisions of this
chapter as a condition to reissuance or renewal of said business permit.
(d) Issuance of a franchise shall require city commission approval for the franchise
referenced in section 22-47of 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.
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Sec. 22-57. List of qualifications for franchises; term; nontransferability; rules and regulations;
tests, inspections and audits.
(a) The city may franchise commercial solid waste haulers as defined herein to provide
service to commercial establishments as set forth in this article. The franchises issued,
however, shall not limit the right to renew local business tax receipts prior to the effective date
of this amendment and, further, will not impair existing written contracts between a franchisee
and that of a commercial establishment which are in full force and effect on the effective date
hereof and said contract does not exceed the effective date of the franchise. Each applicant
for the franchise shall respond to a request for qualifications issued by the procurement
department. The request for qualifications shall include, as minimum qualifications to be
considered in the granting of such franchise:
(1) Certification that the applicant has satisfied all requirements of chapter 22 of the
Code of the City of Miami.
(2) Certification that the applicant has never defaulted on any governmental franchises,
contracts, permits or bid awards.
(3) Certification that no subsidiary affiliate, or parent corporation or business entity of
the applicant already has, or has applied for, an existing franchise. Franchises will not
be issued to a subsidiary, affiliate or parent company of an existing franchisee, or any
franchisee.
(4) Certification that the applicant (or, if renewal, the franchise) is not and will not be,
throughout the term that it has a franchise, affiliated with an affiliated entity of any
existing franchisee, or any applicant for a franchise under this article, as a parent, or
subsidiary, or by virtue of an interlocking directorate or otherwise.
(b) Term. Said franchise shall be valid for a period of five years from date of issuance
with GRe thFee 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 alternative, renew the permit
issued for an additional three one-year option periods. The option to renew said franchise for
the additional three-year period shall be at the sole discretion of the city. In deciding to issue a
new franchise and/or accepting applications from applicants for a franchise, the city will
consider the following factors:
(1) The franchisee's full and faithful compliance with the terms of this chapter;
(2) The franchisee's and/or applicants who best meet the qualifications established by
this section for the issuance of the franchise; and
(3) The current garbage, trash and waste disposal needs of the city, including, without
limitation, population, demographic and geographic needs.
(c) Transferability. The franchises granted pursuant to this section shall not be
transferable by way of assignment, sale, pledge, or other conveyance. Upon change of
ownership, including transference of a majority (51 percent or more) of stock and/or
partnership shares, of any company to which a franchise has been issued, a new franchise
will be granted by the city commission if the new owner satisfies the requirements of this
article.
(d) The franchise provided for by this article is to ensure and facilitate a minimum
standard of municipal regulation of commercial waste collection within the city, to provide
uniformity and quality of service from the franchises granted hereunder, and to assure that the
citizens of Miami have safe, efficient, sanitary, permitted regulated and qualified solid waste,
garbage and trash disposal contractors.
City of Miami Page 32 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749 Enactment Number: 13693
(e) The city may, at reasonable times during the term hereof, inspect any franchisee's
facilities and perform such test, as the city deems reasonably necessary, to determine
whether the goods or services required to be provided by franchisee under its franchise
conform to the terms thereof, if applicable. Each franchisee shall make available to the city
reasonable facilities and render assistance to facilitate the performance of all tests and/or
inspections by city representatives. All tests and inspections shall be subject to, and made in
accordance with the provisions of this Code, as the same may be amended or supplemented
from time to time. Each franchisee shall allow city auditors, during regular business hours and
after reasonable notice, to audit, inspect and examine the franchisee's financial records (as
they relate to city revenue) including all fiscal books and records, sales tax returns, bank
statements, general ledger (vouching city revenue to the general ledger)
contract(s)/agreement(s) between franchisee and customer(s) and any other financial
information deemed necessary, in so far as such other financial information relates to city
accounts, as well as the franchisee's entire customer base, in order to confirm the
franchisee's compliance with its franchise agreement. Each franchisee shall pay a one and
one-half percent penalty per month on any monies due and owing to the city, as a direct result
of an audit, from whatever applicable revenue stream during the term of the franchise
agreement. If a city audit reveals that a franchisee under -reported gross receipts, and the
audit shows additional revenue due to the city in an amount per fiscal year of $20,000.00 or
more, franchisee shall pay to the city the cost of conducting the audit. Upon audit notification,
a franchisee shall deliver all financial and other books and records to the city at no cost to the
city. Each franchisee shall allow city auditors to copy any financial related source documents
when deemed necessary to substantiate an audit finding.
ARTICLE III. - ENFORCEMENT AND ADMINISTRATION
Sec. 22-93. Enforcement and administrative fees.
(a) The director of solid waste, or designee, shall have the authority to initiate
enforcement proceedings, against any person, franchisee, firm, corporation or other legal
entity who has not strictly complied with the provisions of this chapter.
(1) If an inspector finds a violation of this chapter, the director of solid waste, or
designee, shall issue a notice of violation to the violator, as provided in section 2-
823 of this Code. The notice shall inform the violator of the nature of the violation, the
amount of fine for which the violator may be liable, instructions and due date for paying
the fine, notice that the violation may be appealed by requesting an administrative
hearing within ten days after service of the notice of violation, and that failure to do so
shall constitute an admission of the violation and waiver of the right to a hearing.
(2) A non -franchisee roll-off/container shall be subject to seizure and impoundment.
Written notice of the 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 roll-off/container within t days twenty-four (24) hours from the
posting of the written notice. In addition to posting notice, the department shall also
provide written notice of such seizure and impoundment to all persons Vis;
or other legal entities, wh„m the depa FtmeFlt kY111WS, eF with Fease able
I Y1yestigatieR sheuld kF1 tG who have a legal interest in the subject roll-off/container
by certified mail, return receipt requested, within 24 hours of posting notice. The
written notice shall include the following:
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Enactment Number: 13693
a. The name of the city department or division issuing such notice.
b. The date upon which the notice was issued.
c. The date that the notice was posted to the roll-off/container.
d. The section number of the City Code or ordinance that has been violated.
e. Notice that the department will seize and impound the roll-off/container in the
event that the roll-off/container is not removed from the premises within teR 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 of the roll-off/container.
g. Notice of the right to request a preliminary hearing, pursuant to section 22-94, to
contest the seizure and impoundment of the roll-off/container and immediately
retrieve the roll-off/container from the department upon the posting with the
department a cash bond in the amount of $500.00, plus costs incurred by the
department.
h. Notice of the right to waive the preliminary hearing and immediately retrieve the
roll-off/container from the department upon the payment of a $500.00 administrative
penalty, plus costs incurred by the department.
i. Notice that the failure to request a preliminary hearing within ten days after the
notice was mailed shall constitute a waiver of the right to a preliminary hearing
pursuant to section 22-94.
A roll-off/container that has been seized and impounded, which has not been
returned to the owner or interested party by virtue of a preliminary hearing, final
hearing, appeal, or payment of an administrative penalty, shall become the property
of the city.
(3) The department is authorized to immediately seize and impound a roll-off/container,
after the twenty-four (24) hour notification, in the event the department determines that
said roll-off/container constitutes a public nuisance and poses a health and safety
concern. Written notice of the department's action shall be posted at the site where the
roll-off/container was 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 a legal interest in the subject roll-off/container by
certified mail, return receipt requested, within 24 hours of posting notice. The written
notice shall include the following:
a. The name of the city department or division issuing such notice.
b. The date upon which the notice was issued.
c. The date that the notice was posted at the location where the roll-off/container
was found.
d. The section number of the City Code or ordinance that has been violated.
e. Notice of the right to request a hearing, pursuant to section 22-94, to contest the
seizure and impoundment of the roll-off/container.
f. Notice of the right to request a hearing, pursuant to section 22-94, to contest the
seizure and impoundment of the roll-off/container and immediately retrieve the roll-
off/container from the department upon the posting with the department a cash bond
in the amount of $500.00, plus costs incurred by the department.
g. Notice of the right to waive the hearing and immediately retrieve the roll-
off/container from the department upon the payment of a $500.00 fine, plus costs
incurred by the department.
h. Notice that the failure to request a hearing within ten days after the notice was
mailed shall constitute a waiver of the right to a preliminary hearing pursuant
to section 22-94.
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Enactment Number: 13693
A roll-off/container that has been seized and impounded, which has not been
returned to the owner or interested party by virtue of a preliminary hearing, final
hearing, appeal, or payment of an administrative penalty, shall become the property
of the city.
(b) Appointment and qualifications of sanitation inspectors, powers and duties.
(1) The city manager is hereby authorized to designate and appoint, as sanitation
inspectors, certain city employee(s), normally trained and assigned to inspection
functions for the purpose of enforcing this chapter and the rules and regulations
pertaining thereto.
(2) Sanitation inspectors shall have the following qualifications:
a. A high school diploma or its equivalent.
b. Satisfactory completion of a course of at least 40 hours' duration pertaining to the
duties of sanitation inspectors, which course shall be jointly given by the directors of
the city police department, department of general services administration, department
of public works, law department and other relevant departments.
c. Approval and certification by the city police chief as persons of good moral character
and standing in the community suited by temperament and learning to be sanitation
inspectors of the city.
(3) Sanitation inspectors shall, while on duty:
a. Issue notices of noncompliance and perform such other acts pursuant to section 22-
5(b) for enforcement of this chapter.
b. Perform such additional duties as may be prescribed by ordinance or by
administrative orders, regulations and directives as may be issued by the city
manager.
(4) Sanitation inspectors shall be identified either by special uniform or badge or both.
Sanitation inspectors shall not carry firearms.
(c) Obstructing sanitation inspector in the performance of duties.
(1) Whoever opposes, obstructs, or resists the sanitation inspector or other person
authorized by the sanitation inspector, in the discharge of his or her duty, as provided
in this section, shall be guilty of a violation of this chapter, and, upon conviction
thereof, shall be punished as provided in section 1-13.
(2) Sanitation inspectors shall notify the city police department immediately when in
their judgment an arrest or forcible restraint becomes the appropriate response to a
situation.
(d) Civil penalties assessed pursuant to this article are due and payable to the city on
the last day of the period allowed for the filing of an administrative hearing before a hearing
officer, or if proper appeal is made, when the appeal has been finally decided adversely to the
named violator. The amount of such penalty assessed shall constitute and is hereby imposed
as a lien against the subject property with equal rank and dignity of any other special
assessment liens. Penalties for violations of the provisions of this article shall be assessed in
accordance with the minimum administrative fee schedule as set forth below:
Acts/Conditions of I I Section
Noncompliance Fee (Subsection)
1 st offense: $262.50 22-46(b) and
22-47(6)
2nd offense: 525.00 22-46(b) and
City of Miami Page 35 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
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22-47(6)
3rd offense: 1,050.00 22-46(b) and
22-47(6)
Each additional offense: 1,050.00 22-46(b) and
22-47(6)
Container(s), Garbage/Trash/Industrial/other waste placed on public
rights-of-way (Residential 1 st offense, tag; 2nd offense, tag and 22 2(e)
warning; 3rd offense, Fine). Commercial 1 st offense, $262.50; 2nd 7900 4404
offense and thereafter, $525.00. The nla`+emen+ of nnn+oinerc 262.50
garbage, troch bulky and—ler ind- -strial i.yaste en p �ai
blip rinhtc_of_ai
yy Residential and/or commercial dumpster(s) not kept in approved 158.00 22-2(f) i
garbage faeitij�enclosure
Failure of commercial property to have in effer+ an agreement ,e,i+h ,
iniac+e hoi filer for the nnllen+inn and remnval of solid-y.gaste/garbage 22-' 1 14(b)
from the premises adequate Solid Waste contract for service, 1 st 262.50 4406
offense, $262.50; 2nd offense and thereafter, $525.00.
Failure of Commercial Hauler +e inform nIET/Solid Waste se�GTPlse
seater=of intent to discontinue service, 1St offense, $75.00; 2nda 22-2(a)
offense, $150.00; 3rd offense, $250.00. 75.00 4435
Caihure to crreen gnn+ainer Commercial container violation
(construction, placement, accessibility, not screened from publicg 22-2(c)
view) 1 St offense, $75.00; 2nd offense, $150.00; any additional 75.00 11=4
offenses, $300.00. 4401
Failure to remove raw or processed organic waste matter from food 22-2(b)
service establishment, 1St offense, $262.50; 2nd offense and 7900 4432
thereafter, $525.00. 262.50
Failure to maintain property/adjoining public areas, easements, alleys
22-5, Lal'
free of industrial Bulky Waste, Garbage, Trash or other waste, or 52.50 22-9
failure to mow grass to curbside (residential, $75.00), commercial 1 st 75.00 4410
offense, $75.00; 2nd offense, $150.00; 3rd offense, $250.00.
I
mergial gontainer Yiela+ion 52,50 7/f\
F— lRS Uffiniont number of annreyed garbage regentaglec 52.50 �22-2,(f)
Failure to properly mark container 52.50 22-2(f) 44%409
I Innentainerized garbage or micnellaneel s trash in renentanle area 79.00 22--8
I Flautheriof garbage or tach or other waste materia lc 222-6
00
GE)RSlCtlnn of inrJ� �ctrial and bulky waste or other waste material
Disposal of trash or other waste materials placed in right-of-way at 79.00 22-18(b)
other than authorized time 4419
F— Illegal dumping by a person or business 525.00 22-11
F— Illegal D 525.00
Littering 525.00 22-6(l)
City of Miami Page 36 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749
Enactment Number: 13693
Illegal dumping from any commercial vehicle
1,050.00
22-11
4411
22-11
Illegal dumping of waste tires
1,050.00
4408
Garbage deposited at minid imp site
157 50
2'2_152�)
Use of minidumn site by r•nmmerr•ial estahlishment
525-A0
22 19(f)(1)
salvaging and- vanrtalism of bulky waste minid imp site
Impeding,^
2652 50
2'2_152 3)
Trach not nnntaineri;zPd or h --n
7900
22-5
Unauthorized bulky waste on right-of-way 79.00
22-18(b)
Garbage not containerized
79.00
22-8(1)
Litter on premises
5250
z2--@
Sunken containers in ground of property105.00
22-2(c)(4)
Operating a Commercial Solid Waste vehicle without a valid
262.50
22-50
registration
4423
Fails ire to prnperli identif, egi iipment
^nC
)-�V
ch. 22
All other Chapter 22 violations, 1 st offense, $262.50; 2nd offense,
7111111
$525.00; V offense, $1,050.00.
262.50
Failure of franchisee to remove container(s) from discontinued
accounts
79.00
22(b)
Qty previsiep of sepiir-e to disnnntini sed r-emmerr-ial/mi ilti_f—H"
pre
�+
2-6-2-.50T
Failure of commercial property nIA,ner to have rnntrart ,kith nits
fropr-h0g;;1d has ,ler to have sufficient service, 1 at offense, $262.50; 2nd 262.50
22-2(b)
offense, $525.00.
4434
Engaging in commercial solid waste collection without city Franchise
Agreement, 1St offense, $1,000.00; 2nd offense, $1,500.00; 3rd
500.00
22-6(e) and
offense, $2,000.00 and all equipment subject to seizure and
1,000.00
22-46
impoundment procedures as set forth in Section 22-93
preperl\/
led GE)Rtai ler er to set out
Calls Ire to use Gity issued
79.00
T
22-2
Failure of commercial Solid Waste hauler to properly identify
22 52
equipment/container, 1 st offense, $262.50; 2nd offense, $525.00.
262.50
4402
Failure of commercial Solid Waste hauler to provide Recycling
program, 1St offense, $262.50; 2nd offense, $525.00; 3rd offense,
262.50
22-20 and
$1,050.00.
22 93
Failure of property owner to provide Recycling program, 1 st offense, 262.50
22-20 and
$262.50; 2nd offense, $525.00; 3d offense, $1,050.00.
22-93
City of Miami Page 37 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
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(e) If the owner, agent, or occupant of any property within the city shall fail to comply
with any determination of the city manager, or his designee, the director shall cause such
work to be done and shall keep an accurate accounting of the costs thereof, whereupon the
amount of such costs and the interest thereon shall constitute and is hereby imposed as a lien
against the subject property with equal rank and dignity of any other special assessment liens.
An aggrieved party may appeal both the fees and costs imposed under this section to a court
of competent jurisdiction in accordance with the Florida Rules of Appellate Procedure.
(f) Failure by an occupant of any commercial property other than multifamily residential
property to comply with the regulations set forth in this chapter shall cause the city to revoke
the certificate of use and local business tax receipt for said business.
(g) In addition to any other remedies provided by this chapter or any other city
ordinance, the director and the director of the department of public works shall have judicial
remedies available to them for violations of this chapter or any other lawful rule or regulation
promulgated hereunder as enumerated below but not limited to:
(1) They may institute a civil action in a court of competent jurisdiction to establish
liability and to recover damage for any costs incurred by the city in conjunction with the
abatement of any condition prohibited by the provisions of this chapter.
(2) They may institute a civil action in a court of competent jurisdiction to seek
injunctive relief to enforce compliance with the terms of this chapter or any rule or
regulation promulgated hereunder, to enjoin and prohibit said violation or to compel the
performance of actions which will result in compliance with the terms of this chapter.
(h) These remedies are cumulative and the use of any appropriate remedy shall not
constitute an election of remedies by the departments. The use of one remedy shall not
preclude the use of any others.
(i) All violations of this chapter may be brought before the code enforcement board or
may be prosecuted in the county court.
ARTICLE VII. - COMMERCIAL SOLID WASTE AND RECYCLING
MANAGEMENT ADVISORY COMMITTEE
Sec. 22-170. Established.
There is hereby created and established the "commercial solid waste and Recycling
management advisory committee" which shall be hereinafter be referred to as the
"committee".
Sec. 22-171. - Purpose, powers and duties; prohibitions.
(a) Purpose; powers and duties. The purpose, powers and duties of the committee
include but are not limited to:
(1) Providing advice and recommendations to the city commission concerning solid
waste & Recycling management within the city, in conjunction and cooperation with the
department of solid waste;
(2) Providing advice and recommendations regarding the levy of fines or warnings (as
established by the commission or the department of solid waste), and suspension and
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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 hauler's proportionate volume of the business within the city, for city
special events, such as the Coconut Grove Arts Festival, the Calle Ocho Parade, the
Orange Bowl Parade, Martin Luther King, 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 issues related
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 Page 39 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017
File ID: 1749 Enactment Number: 13693
(i) One individual representing the city's business community11 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.2
APPROVED AS TO FORM AND CORRECTNESS:
r r
iria i "nd" ez, Ciky Httor iey 5/2312017 i ria i 'ndez, CiTy Kttor iey 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.
City of Miami Page 40 of 40 File ID: 1749 (Revision: A) Printed on: 11/2/2017