Loading...
Ord. No. 34-07-1935ORDINANCE NO. 34-07-1935 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE; AMENDING CHAPTER 11, SECTIONS 11 -2 THROUGH 11 -17; PROVIDING FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION; PROVIDING DEFINITIONS AND FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; PROVIDING FOR TRANSFERABILITY OF FRANCHISES; PROVIDING FOR FIVE YEAR FRANCHISES; LIMITATIONS ON CONTRACTS; PROVISION OF LICENSING FEES FOR TEMPORARY I' LL- 0-FFROLLOFF CONTAINERS AND HAZARDOUS, BIOHAZARDOUS WASTE OR SPECIALIZED WASTE COLLECTORS; APPLICATION PROCEDURES; FEES, REPORTING REQUIREMENTS, INSURANCE, SERVICE STANDARDS, PROVIDING FOR CODE ENFORCEMENT PROCEDURES; APPEAL OF CITY MANAGER DECISION TO DENY FRANCHISE TO BE HEARD BY CITY COMMISSION; ENFORCEMENT AND REGULATIONS; SCHEDULES AND ROUTES, TERMINATION; ENFORCEMENT AND ADMINISTRATIVE FINES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, Chapter 1 I of the City of South Miami Code of Ordinances provides for the collection, conveyance and disposal of all garbage, trash and refuse accumulated within the City; and, WHEREAS, sections 11 -2 through 11 -17 provide for commercial trash franchise agreements for all commercial solid waste; and WHEREAS, the Mayor and City Commission of the City of South Miami deem it to be in the public interest to continue providing residential collection of municipal solid waste by the Public Works Department, and to continue to allow for commercial solid waste collection and to provide for the issuance of non - exclusive franchises to qualified commercial solid waste haulers, however, such commercial franchises requires updating since initial adoption in 1998; and, WHEREAS, the City rights -of -way are valuable public property acquired and maintained by the City at great expense to City tax payers, and the right to use the rights -of -way is a valuable property right without which contractors would be required to invest substantial capital and property acquisition costs; and, WHEREAS, the City deems it to be in the best interest of the citizens and residents of the City to provide for classification and fees for licensing and for granting a franchise to those persons operating and providing solid waste services within the City and that same is necessary to protect the public general health, safety and welfare; and, WHEREAS, it is the intent of the City in amending Chapter 11 to enhance licensing and franchising procedures to regulate solid waste collection by private haulers operating within the Additions shown by underlining and deletions shown by ever-stFiking Ord. No. 34 -07 -1935 City, and to charge such providers reasonable and non - discriminatory rents for the use of such rights -of -way; and, WHEREAS, the Mayor and City Commission desire to amend Chapter 11 as it relates to the specific franchise provisions providing for increased insurance requirements, change in length of franchises, and change in material terms of allowing franchise agreements. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Chapter 11, sections 11 -2 through 11 -17 relating to Solid Waste Franchise Agreements, of the City of South Miami code is amended to read: Sec. 11 -1. Purpose of Commercial Solid Waste Franchises and Collection of sSolid wWaste, Generally (a) The purpose of this section is to ensure the elimination of a public nuisance and to ensure a competitively neutral policy for the provision of solid waste services and to enable the City to permit non-discriminatoKy access to the public rights-of-Hay for solid waste franchisees. Under the provisions of the franchise rights provided under this Chapter, the City is able to manage impact and cost to the citizens of the placement of commercial solid waste containers within the City and any rights -of -way; obtain fair and reasonable compensation of franchise fees to eliminate the nuisance of solid waste; promote competition among solid waste franchisees; and minimize the congestion, inconveniences visual im act and other adverse effects on the City. (b) All garbage, refuse and solid waste accumulated within the City limits shall be collected, conveyed, and disposed of by and through the public works department of the City or a private franchised refuse collection firm. No person, firm or corporation shall, for a fee, collect and dispose of or transport over the City streets any garbage, refuse and solid waste except as provided in this Chapter. Sec. 11 -2. Franchise required. (a) It shall be unlawful for any pie- person, fiffi eeEpo 4io to engage in the business of collecting garbage or solid waste by collecting, removing or transporting for disposal any solid waste, within the City, without a valid franchise issued by the City. A franchise is required for all eenVa—m-es persons collecting the categories of waste defined in section 11 -4, specifically including but not limited to: Cconstruction and demolition debris, biomedical and biohazardous waste, biological waste, commercial solid waste, garbage, hazardous waste, industrial waste, infectious waste, loose refuse, and refuse_, s olid waste and special waste companies whose sole business is recycling are not included. It shall be unlawful for an owner or lessee of any commercial property located within the City to contract with a person to collect garbage or solid waste in the City unless the person possesses a current, valid franchise from the City. 2 Additions shown by underlining and deletions shown by eve -FstFic g Ord. No. 34 -07 -1935 b The franchise required by this section shall be in addition to @:qy other permits, registration or occu ational license which mgy be required by federal state or local law. Sec. 11 -3. City Manager authorized to grant franchise. (a) The City Managereeffffniasien is authorized, from time to time to grant one or more non- exclusive franchises granting the right and privilege to operate a garbage and trash collection system in, > pub lie plaee of the City for the purpose of collecting garbage and trash solely from commercial establishments as defined in this Chapter, which desire these services within the limits of the City. This franchise authorizes the provider (s) to Mr vide solid waste dis osal services. (b) The franchisees shall be granted by ordinmee-,-and-epnly after the applicant for the franchise has filed with the City Clerk, an application, and such other documentation as may reasonably be required to establish that the applicant meets all of the requirements of this Chapter. - (c) The franchises shall initially be granted a period of tree -five 5-years, and shall be renewable thereafter, for successive five 5 ear periods of a�upon application of the franchisee and approval of the application by the City eManagereaRRissiee. d No person ma engage in the business of providing solid waste commercial services originating from the Cily without first obtaining a franchise pursuant to this Cha ter. In addition the private hauler must first have obtained all state and coMpty registration and licensing in accordance with the provisions of this Chapter, unless otherwise authorized by law. Sec. 11 -4. Definitions. Automated domestic garbage container shall mean the container designed for the automated collection system and supplied by the City. Biomedical /biohazardous 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, non -liquid human tissue and body parts; laboratory and veterinary waste which contains human disease causing agents; used disposable sharps, human blood, and human blood products and body fluids; and other materials which in the opinion of the department of health and rehabilitation services represent a significant risk of infections to persons outside the generating facility. Biological waste shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biohazards waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. City shall mean the City of South Miami, Florida. Commercial establishments shall mean any structure used or constructed for use for business establish,, °r* erations. For oses of this Ordinance hotels and motels are commercial 3 Additions shown by underlining and deletions shown by e e .mss Ord. No. 34 -07 -1935 establishments. The term "commercial establishment" shall not include ny residential units or multi - family f �� '° ~' � �� residential unitestablishments. 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, bulky waste and other waste which is usually attendant to the operations of commercial businesses or multifamily residences. Construction and demolition debris shall mean and include all waste requiring collection and disposal, including but not limited to materials which are recyclable, from any construction or renovation site located within the City. Customer shall mean a person who uses the solid waste or recycling services of a Private Hauler. Director shall means the Director of Public Works. Franchisee shall mean the named person who obtains a franchise from the City ursuant to this Ordinance. Garbage shall mean every refuse accumulation of animal, fruit, vegetable, or organic matter that attends the preparation, use, cooking and detailing in, or storage of, meats, fish, fowl, fruit, or vegetables, and decay, putrefaction and the generation of noxious of 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 can or container shall mean a container made of galvanized metal, durable plastic on other suitable material of a capacity not less diaff ten ga4lans and Rot to emeeed thiAy g 96 ag llon approved for use by the City Manager or his designee. Such container shall have two handles upon the sides thereof, or a bail by which dirt may be lifted, and shall have a tight fitting solid top. - Gross receipt- shall mean the entire amount of fees billed by a franchisee, exclusive of state sales taxes provided by law from any person within the City for garbage, hazardous, industrial, biomedical, biological, ercommercial multifamily residential establishment solid waste; specialized solid waste including construction and demolition, debris, trash, lifter refuse, and/or rubbish collection, removal and disposal. - 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. - Industrial waste- shall mean any and all debris and waste products generated by manufacturing, food processing (except restaurants), land clearing, any commercial shrubbery or tree cutting, 4 Additions shown by underlining and deletions shown by e�,,er-stFiking Ord. No. 34 -07 -1935 building construction or alteration (except do -it- yourself home projects) and public works type construction projects whether performed by a government unit or by contract. - Infectious waste- shall mean those wastes which may cause disease or may reasonably be suspected of harboring pathogenic organisms. Included are wastes resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves. - Loose refuse shall mean any refuse, either garbage or trash stored in and collected from any type of container other than a mechanical container or garbage can. Refuse which is collected from the ground is considered loose refuse. Mechanical container shall mean and include any detachable metal container designed or intended to be mechanically dumped into a loader /packer type of garbage truck used by the franchisee. Multi-family Residential Establishment shall mean qqy structure other than a residential unit which is used or constructed for use as a multiple dwelling facility. Multi-family residential establishments shall include without limitation rooming house tourist court trailer park, a artment building with rental or condominium apartments, or multi le story condominiums with common means of ingress and e rg ess. Performance bond shall mean the form of security approved by the City and furnished by the franchisee as required as a guarantee that the franchisee will execute the work in accordance with the terms of this Chapter and will pay all lawful claims and shall include all fee(s) due to the City under the franchise agreement s ),- Permit per account fee shall mean the annual charge assessed by the City to nonexclusive franchises for each account with whom they contract for the provision of services. Person shall mean gRy natural person, individual public or private co oration firm partnership, association joint venture municipalily, municipality, or pAy combination of such jointly or severally. Private Solid Waste Hauler Collector Private Hauler- Hauler shall mean an y person, entit co oration or partnership that removes collects and transports for disposal for hire gny solid waste within the into orated area of the CL . Recyclable materials shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Refuse shall mean both rubbish and garbage or a combination or mixture of rubbish and garbage, including paper, glass, metal and other discarded matter, excluding recyclable materials. 5 Additions shown by underlining and deletions shown by Ord. No. 34 -07 -1935 Refuse containers shall mean garbage can, garbage container, automated domestic garbage container, domestic trash container and commercial refuse container. Refuse regulations shall herein refer to regulations prescribed by the City together with such administrative rules, regulations and procedures as may be established under or pursuant to this Chapter. Residential Unit shall mean ppy single-family residence. Solid waste shall mean izarbage, litter refuse, yard trash, clean debris, white goods, special waste, refuse, or other discarded materials.: Solid Waste Disposal shall mean the disposition of solid waste by means of combustion land filling or other final method of discard as a roved under federal and state law.. Special waste shall mean solid wastes that can require special handling and management, including, but not limited to, radioactive materials, asbestos, whole tires, used tires, used oil, lead -acid batteries, mercury lights and biological wastes hazardous waste construction and demolition debris industrial waste includina solid or contained izascous material resulting from domestic industrial commercial mining, agdcultural. or governmental operations Temporary Poll grollo /container fee shall mean the one time charge paid, per account, to the City for each large container and/or rell- ®ffrolloff utilized by franchisees to provide contracted removal and disposal of s cial waste from commercial construction and demolition, renovation and other similar accounts. Sec. 11 -5. Franchise not to constitute property right. No franchise granted pursuant to this Chapter shall be deemed the property of the holder thereof. Sec. 11 -6. City's power to revoke /terminate franchise, amend regulations. (a) The City reserves unto itself the power to revoke or terminate all franchises granted pursuant to this Chapter, to change or limit the rights granted, or to otherwise modify the franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking of a property, contract, or other right of any franchisee, it being the express intention of this Chapter to reserve unto the City, the power, in its sole discretion, to alter the methods of garbage collection employed in the City, and the manner in which to service garbage collections delivered within the City. (b) The City further reserves the power to amend this Chapter from time to time at the sole discretion of its City eComrnission, and shall not be estopped to do so, notwithstanding the grant of any franchise or franchises to any person. 6 Additions shown by underlining and deletions shown by Wig: Ord. No. 34--07 -1935 Sec. 11 -7. Ranelaises shall be noH4ansfer-able. A—ny -44--,-' -- '-nsfff legal, equitable of beiiefieia4 .,leftists in ffan Wse sha4l .,,.., e f it . ai enial of Franchise. a Should the City Manager den an a lication for a franchise the mana er shall notify the applicant of such denial by certified mail not later than 14 days after taking such action. The notice of denial shall contain a statement of the reasons mLhy the a lication was denied. Appeal from the Cily Manager's denial of Franchises shall be as provided under section 11 -15. c The denial or revocation of a Franchise by the Ci Manager May be appealed to the Ci Commission. The notice of a eal shall be filed with the Cily Manager in writing no later than 14 days after receipt of the notice of a eal. The Cit Commission shall either affirm the decision of the Cit y Manager or direct the Cit y Manager to issue or reinstate the franchise. Sec. 11-8. Limitation of contract and Annexation. Laj_No contract for the collection of garbage or trash within the City shall be for a term in excess of -five 5 ears, or contain any provision for the automatic renewal of the contract. b Within 30 days following the date of passage of gay action affecting an annexation or de- annexation the City Manager shall notify the franchisees of this action by fiirnishin the franchisees ma s of the affected areas showing the new boundaries of the Cit . Sec. 11 -9. Application procedure. Any person desiring a non - exclusive franchise to collect garbage or trash within the City from commercial establishments shall file an application with the City Manager. The application shall be on such form as the City Manager may promulgate which form shall elicit the following information and to be accompanied by sLiNorting documents and such other information as ma be required b the City, Manager .from time to time "I a elu4e the f IIA- " LX ip,f-effnaien: (1) Name of applicant. The applicant's name, address, and telephone number. In the case of an applicant having more than one office within the county, the applicant shall designate a primary office from which accounts in the City will be serviced, and the address and telephone number of all offices within the county which are supervisory to the office serving the City. If the applicant is a partnership. joint venture, firm organization, or corporation, the name(s) and business address(es) of the principal officers and stockholders and other persons having any financial or controlling (legal or beneficial) interest of five () percent or.greater in the partnership, joint venture, firm, organization 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. Idetnify whether 7 Additions shown by underlining and deletions shown by Ord. No. 34 -07 -1935 the a licant or any of its pn nci als ever been declared bankrupt or reorganized under Cha ter 11 or put in receiversWp, and if so, provide the date court jurisdiction action taken and an other explanation deemed necessary. (2) Character of applicant. The a licant fora pen-nit under this section if an individual or in the case of a firm corporation. partnership, association or organization. an person having, 4ny financial controlling or managerial interest of five percent or greater therein shall be of Good moral character. In making such determination, the following information, which shall be submitted by applicant, shall be considered: A Penal histo1y. If the a licant is an individual a record of all convictions of a felony, or any crime involving moral turpitude and the reasons therefore shall_ be provide by the applicant. If the applicant is other than an individual, then the record of all convictions and the reason therefore of the principal controlling officers of applicant shall be provided. Provided however that in the case of a publicly held co oration having 25 or more shareholders, then only the aforementioned information applicable to its local managing officers shall be required All a plicants must submit a Public Entity Crime Form in accordance with section 287.132133(3)fa), Florida Statutes. B Business history. Whether such a licant 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 A description of the applicant's prior experience in providing solid waste services, and identification of communities in which the applicant has, or has had, solid waste franchises or licenses, or any interest in them. Identify whether the applicant or anYprincipals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made or failed to complete a contract during the past five (5) years. Idettfy whether the applicant's surety or bonding company ever been required to _perform upon the applicant's (or any of it's principals) default, and if so, identify the name_ of the company, the date, the amount of the bond and the circumstances surrounding said deficit and performance (C) Existence of business entity. If applicant is a corporation, applicant shall submit proof of incor2oration in good standing in the state of into oration, and, if a forei �n corporation, applicant shall provide information certifying that applicant is qualified to do business in the State of Florida. If ap licant is other than a corporation and is operating under a fictitious name, applicant shall be required to submit information that such__ _fictitious name is re istered and held by the a licant. If a partnership, provide the date of organization- whether a General or Limited Partnership *; the name and address of each Partner; and designate eg neral partners in a Limited Partnership. D) Disclosure of actions against business entity. an indication of whether the applicant, or any_person controlling the applicant, or any officer, director, or person five (5) percent or more ownership interest in the applicant, has been adjudicated bankrupt, had a Additions shown by underlining and deletions shown by g- Ord. No. 34 -07 -1935 franchise or license revoked or been found.by any court or administrative agency to have violated a security or anti -trust law. (3) Equipment and methods 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 Cjjy Manqger shall require the following information: (A) A complete list of the vehicles and equipment which will be used to service accounts in the City. This list shall include the year, make, model number and license plate number of each vehicle. B A statement that the a licant will use Miami -Dade County a roved facilities for diMosin of all solid waste which the applicant collects and removes, or those facilities not owned by the Qogpty Coup , which have been approved by the State Department of Environmental Regulation. C The names of customers and addresses of each location served. (D) A suminga of the number of cubic yards of solid waste collected weekly based on scheduled service as of the Ke porting reporting date by United State postal service zone improvement plan code zip code), or other geographic subdivisions of the City as determined by the City Manager. (4) Evidence that proposed franchisee has obtained all required county, state and federal licenses grand permits required to engage in the business of garbage or solid waste collection. (5) Customer List The applicant for a franchise or renewal thereof, shall provide a list of existing_ customers in the City and service levels. The applicant shall indicate the number of years of relevant experience in operating similar business; shall provide the names and locations of daces at which applicant has operated a similar businesses, together with dates of operation; and provide, in approximate terms the longest gross receipts applicant has realized from the o eration of services in one year. garbage ,a solid waste a ,7 b,' L, t4s all , „fs of law. (6) The name, address, business telephone and home telephone of one or more responsible mManagerial employees who may be contacted by the appropriate City officials in the event of an emergency. (7) Insurance requirements. The applicant for a franchise shall maintain insurance as specified in this Chapter and shall furnish a public liability policy to the City and also file with the City a certificate of insurance for all policies written in the applicant's name. This certificate 9 Additions shown by underlining and deletions shown by ^=°°A g. Ord. No. 34 -07 -1935 shall name the City as an additional insured and shall provide that the policies contain an endorsement requiring that the City shall be furnished within ten �10) days written notice by certified mail return receipt requested, prior to cancellation or material changes in the policies. Insurance requirements are listed at section 11 -11 of this Code. (S) A performance bond in the minimum amount of $100,000.00, as securi . for, amongst other things, gny 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 and such form as the City attorney may require. It shall be accompanied by an affidavit of a qualified officer of the enti tenderin such bond or gparantee, or by the attorney in fact of such ofi1y, setting forth the amount of capital and the amount of s LuMlus held by such epji y as of its last ublished re art and the date of such report. The limit of surety acceptable from anyone risk shall be ten percent of the combined capital and surplus shown by such affidavit. No performance bond, surety_bond or other guarantee shall be accepted unless it is signed by a licensed agent of the state as attorney in fact for the entity writing the same and unless the same is written by a properly licensed insurance ajzent located in the County. The right of rejection of an and all tenders of such sure bonds shall be reserved in all cases, which fact and reservation shall be clearly set forth in the call for bids and specification documents. The City Attorney shall cause each such surer tendered to the City to be reviewed to determine whether the entity or agency making such tender is qualified to meet the obligation to be assumed, and shall recommend the rejection of any such tender from an entjjy or agency not found to be fully qualified. Notwithstanding the foregoing, the CL Attorney mLay accept, in lieu of a performance bond a cashier's check,an irrevocable letter of credit drawn upon a local bank, or cash, _ upon a finding that the Cit rd's interests would be protected by such acceptance. (9) The completed application shall be submitted to the City. Upon receipt of a completed a lication the Cit y Manager, or design ee shall review the application and if satisfactory in all respects, and after payment of the required application_ fee shall process the application. (10) The applicant shall file an affidavit or declaration by an authorized officer certif ying the truth and accuracy of the information in the application, acknowledging the enforceabilily of the application commitments and certi in that the a lication meets all federal, state and local law requirements. (11) All material statements and declarations made in the franchise application shall be incorporated as conditions of the franchise. See. I1 -10. Fees; reporting requirements. 10 Additions shown by underlinin and deletions shown by e °-mg. Ord. No. 34 -07 -1935 (a) Franchise fee. It shall be unlawful for an pjivate hauler-operating in the City to either collect remove, or transport from properties in the City solid waste for disposal without pa went of a solid waste franchise fee to the City. (1) Annual fee: (A) , alleys, r-ea and other prepeA , and for- t= ear and tea -, eBeginnina on November 1, 2007, each and eve�� franchisee shall pay the City an annual fee of five $ -5,8500.00, with such fee being increased by $500.04 per year, beginning October_ 1,._.2008. ). In addition, effective November 1 2007 all eft - franchised commercial solid wste haulers will be required to ]2gy to the City a franchise fee of the fiuneMs f vwe�259) percent of the franchisees' total monthly Foss receipts from accounts within the City serviced by franchisee. 'BeLyinnina on November 1, 2007, each and every franchisee whose primary business is limited to soid wste that requires special handling and man_ agem_ent shall pay_ an annual specialized waste handling,, permit fee in the amount of $1,000.00 for the right to rovide only s ecialized wste handlin g services within the cijy limits. If a franchisee is pLoviding only s ecialized waste handling services within the city. then annual franchisee fee will increase by $500.00 per year, beginning October 1, 2008. (C) Certified recovered materials dealers excluded from local franchise requirements pursuant to section 403.7046, Florida Statutes, shall be required to _ pay a registration fee as determined by the Citv Manager for an annual period which will begin October (22) This fee shall be in addition to any occupational license taxes, or permit fees levied by the City upon the franchisee's business activities. (b) Vehicle registration fees. Each and every franchisee shall pay, in addition_ to the fees imposed by this article, an annual vehicle registration fee which shall be in the amount of $25.00 for each vehicle shown on the list required to be submitted as part of the application. This fee shall apply to renewals of registration as well. (c) Permit per account fee 1 Franchisee agrees to remit to the Cily a pennit per account fee of $50.00 for each account contracted with of which no more then $30.00 may be passed on to the commercial business. (db) Reporting requirements; fee for underpayment of 11-10 (a) through Cdr . 11 Additions shown by underlining and deletions shown by Wig. Ord. No. 34 -07 -1935 (1) Each franchisee, by accepting the franchise, shall agree to deliver to the City finance 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 all applicable fees identified at 11 -10 a throe d shall be made on a monthly basis to the City finance department on or before the last day of each month, representing gross receipts collected the previous month. The franchisee shall on or before X303 days following the close of each fiscal year deliver to the director a statement of its annual gross receipts generated from accounts within the City prepared by an independent certified public accountant reflecting total gross receipts within the City for the preceding fiscal year. The penniffeesfranchisees will allow City auditors, during regular business hours after reasonable notice, to audit, inspect, and examine the pem�4aeesfranchisees' fiscal books and records and tax returns, insofar as they relate to customer accounts within the City, to confirm the penni#eesftanchisees' compliance with this section. The City may inspect the franchisees billing rates billing amounts and account receivables. The franchisee shall maintain its records in such a manner as to clearl y distinguish between revenues derived from operations in the City and such revenues derived from operations in other 'urisdictions. Additionally, Ci auditors may communicate directly with customers of the franchisee for the purpose of confirming compliance with this section. Cily auditors may inspect the franchisee's fiscal books and records and state and federal tax returns as related to the C4-Y accounts. franchisee shall keep coln lete and accurate books of accounts and record of business and-operations in accordance with generall accepted accounting principles for a period of three (3) years. (2) In the event the pefm Reefranchisee fails to pay the full franchise fee percentage of the peizffii eefranchisee's total monthly gross receipts, the fee shall bear interest at the rate of one and a half 1( 5)percent per month on the outstanding balance until paid and additionally the Perm franchisee shall have to pay all expenses of collection, including court costs and reasonable attorneys fees. (32) Each franchisee, by accepting the franchise, shall agree to make its books and records available to the City Manager, or the City Manager's designated representative for inspection or audit during normal business hours, upon receipt of fe � e & (4 8) hours' written notice. (344) If any audit or examination discloses an underpayment to the City greater than twen"203 percent of a required payment, in addition to payment of the underpayment, the franchisee shall pay for the expenses of the audit and a penalty equal to three (3) times the underpayment. (ee) In required oferm#k-e-&franchisees.— (1) At least annually, but not more frequently than quarterly, as determined by the dDirector, each perm anchisee shall supply the following information on a form and in the manner prescribed by the director: 12 Additions shown by underlining and deletions shown by eNffstriking Ord. No. 34 -07 -1935 (A2) A listing, as of the reporting date, of the names and addresses of customers, the addresses of each location served, and schedule of rates charged by the peRn4teefranchisee. For each customer on the list the franchisee will indicate the following: (i) whether the Customer served is a multi - family _residential establishment or commercial establishment; ii whether the service provided in solid waste collection regycling recycling or a combination of both; (iii) a listing of those materials being recycled at each customer location; and, (iv) the names of a customer contact person who can provide additional information regarding the recycling program. B A summya of the number of cubic yaLds of solid waste collected quarterly based on scheduled service as of the re ortin date. C A summM of the number of tons and/or cubic yards of recyclable material collected and marketed quarterly, on a schedule and format prescribed by the City Manager. Q It is the responsibility of the franchisee to notify the City of any threatened or actual violation of any regulatoKy Mency or board whether federal state or count • or an administrative agency thereto. The failure to notify the Cit y of My threatened or actual violation would then constitute a default under the terms of the franchise requirements of this Cha ter. fifty dellafs ($50.00), per- s Sec. 11 -11. Insurance and Indenirication. (a) Each franchisee shall maintain not less than the following insurance: 13 Additions shown by underlining and deletions shown by Me - fifty dellafs ($50.00), per- s Sec. 11 -11. Insurance and Indenirication. (a) Each franchisee shall maintain not less than the following insurance: 13 Additions shown by underlining and deletions shown by Ord. No. 34 -07 -1935 - Comprehensive general liability $13;000,000 Property damage 1,000,000 Automotive liability 1,000,000 Workmen's compensation As required by law Completed operations 1,000,000 (b) Each policy shall name the City as an additional insured and each franchise shall deliver to the City the certificate or certificates of insurance evidencing the existence of the policies. Each certificate shall provide that the City will be afforded a 30 -day written notice, issued via certified mail, return receipt requested,_ in the event of the cancellation, nonrenewal or material change of any of the policies for any reason. The insurance shall only be written by companies rated not less than B +: VI according to the most recent issue of Best Insurance Rating Guide. The certificate shall be submitted with a cover letter addressed to the City from the franchisee's insurance agent or agents stating that they have read the provisions of this section and that the insurance provided meets the minimum requirements hereof. (c) The insurance shall contain the following endorsement: In addition to the coverage stated in the body of the policy, the policy shall indemnify and hold harmless the City, its officers, agents and employees from all claims for bodily injuries to the public in and up to the amount of $13,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each, including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission by the franchisee, his agents, servants, or employees, or through the mere existence of the project under contract. (d) All such policies shall be on an occurrence basis rather than a claims -made basis. (c) The franchisee shall secure and maintain policies of its subcontractors. All policies shall be made available to the City upon demand. The franchisee shall be responsible to the City for the acts and omissions of any subcontractor or persons employed by them. The insurance re uirements shall not be construed as iinposing u on the Cfty or an official or employee thereof anyliabilily or res onsibili for injury to an person or ro ert by the insured his agents or em to ees. Moreover, the policy clause "other insurance" shall not apply to the City where the City is an insured under the polio The franchisee shall ppy premiums and assessments. A com an which issues an insurance -policy has no recourse a ainst the City for pqyment of a Premium or assessment and 14 Additions shown by underlining and deletions shown by ever-s4i4kiag. Ord. No. 34 -07 -1935 the same shall be the sole responsibilL of the franchisee insurance policies obtained by a contractor must provide that the issuing company waives all right of recover by wa of subrogation against the Cjjy in connection with damage covered by the polia. Indemnification. The franchisee shall at its sole cost and ex ease indemnify, hold and defend the Cfty and its officers, directors agents. servants cm to ees successors and assignis harmless from and against 4ny and all claims suits actions damages and causes of action for personal injM, death or propeLly damage, gny losses attoe s' fees witness fees court costs and the reasonable value of gny service rendered by any, officer or employee of the Cily, and an orders iudgments or decrees which mqy be entered which arise or are alleged to have arisen out of in connection with or attributable to franchisee's maintenance of operations of its solid waste commercial services or business excepting only those claims resultin g from goss ne li ence of the Ci . The franchisee shall undertake at its own ex ease the defense of an actions which may be brought against the Cily for damages, iri unctive relief or for Any other cause of action arising or alleged to have arisen out of in connection with or attributable to the foregoing, and in the event an final.judgment therein should be rendered against the Ci y resulting from the fore oin the franchisee shall proMptly pgy the final judgMent together with all costs relatin thereto the franchisee being allowed however, an a eal or a Meals to the a pro riate court or courts from the judgMent rendered in py such suit or action upon the filing of such su ersedeas bond as shall be required to prevent leyy or judgment against the City during such qppea ls. i Nothing in this section shall prohibit the Cijy from participating in the defense of an litigation by its own counsel and obtaining indemnification of the reasonable costs associated therewith if the reasonable belief of the Ci1y, there exists or mgy exist a conflict potential conflict or appearance of conflict. The Cjjy Manager shall provide proMgt written notice to a franchisee of any claim for which the City seeks indemnification. The franchisee shall have the right to investigate, defend and compromise these claims subject to prior Cjly approval. Failure of the Ci y to provide written notice shall not waive the requirement of subsection h above. k The franchisee shall provide proof to the CL of compliance with this section no later than 30 da s from the date of approval of franchise application. Failure to provide the Cit with roof of insurance within the presecribed time period will render the franchise a eement null and void without further action by the Ci . Sec. 11 -12. Service standards. All garbage and solid waste collection service provided within the City shall meet the following minimum requirements: (1) All solid waste or garbage collection shall begin no earlier than 7:00 a.m. Collection shall cease no later than 6:00 p.m. In case of an emergency, collection may be permitted at other times provided that the contractor has received prior approval from the City Manager, to be later evidenced by a written memorandum confirming the approval. Should the franchisee not confirm and obtain in writing the approval to operate on an emergency basis it 15 Additions shown by underlining and deletions shown by eT °mg. Ord. No. 34 -07 -1935 shall be presumed that the franchisee did not obtain such approval. Franchisee shall conduct operations under the franchise in compliance with all applicable laws and shall coMPly with the Ci 's Ordinance governing the time and frequency of solid waste collection and removal. (2) All trash or solid waste collected within the City shall be transported to an appropriate license dump or transfer or receiving station located outside the City limits. No transfer station or the facility for the temporary storage of garbage or solid waste other than the receptacles at the premises serviced shall be permitted within the City. (3) No vehicle used for the collection of garbage or solid waste shall be permitted to be parked, stopped or stored within the City except for the time reasonably required to empty garbage or solid waste containers at the premises being served or to comply with traffic laws. The franchisee shall be responsible for the maintenance of all garbage collection equipment, garbage or trash containers or dumpsters in a clean sanitary manner. All equipment shall be kept in good repair, neat appearance and in a sanitary and clean condition at all times. The franchisee shall have available reserve equipment that can be put into service within two hours of any breakdown. Such reserve equipment shall be of adequate size and capacity in order for franchisee to perform its contractual duties. A list of the franchisee's equipment shall be given to the City at the time of each annual audit. The franchisee shall have on hand at all times sufficient equipment in good working order to permit franchisee to perform its duties under this Ordinance full adequately, and efficiently. E ui ment shall be purchased or manufactured from nationally known and recognized manufacturers of garbage collection and disposal equipment. (4) Equipment is to be painted uniformly with the name of the franchisee, business telephone number and number of the vehicle in letters not less than two inches high on each side of the vehicle. All vehicles shall be numbered and a record shall be kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles, except of events sponsored by the City. (5) All containers used for the purpose of storing garbage shall be emptied not less often than two Mimes weekly, or more often as the City Manager determines that the health and welfare public requires additional pick -ups. Pick -ups shall be as evenly spaced as possible. (b) The franchisee shall be responsible for the condition of all containers provided for the storage of garbage or solid waste. All containers used for the storage of garbage or solid waste shall be sanitized and otherwise maintained on a regular basis. (7) Each garbage can, dumpster, or other container for the storage of garbage shall be of such design as to prevent the infestation of the container by insects or vermin. (S) Each franchisee shall be responsible for determining the type of garbage or solid waste generated by its customers and assuring the proper disposal of the garbage or solid waste. By way of example, franchisees servicing medical offices or buildings containing medical offices shall be responsible for assuring that the used bandages, dressings, needles and the like are disposed in a manner appropriate for such items. lb Additions shown by underlining and deletions shown by ^..,.,. +,.nftt- Ord. No. 34 -07 -1935 (9) Each franchisee's solid waste collection employee shall wear a uniform shirt bearing the company's name. The franchisee shall furnish to such employee an identifying badge not less than two and a half inches in diameter with numbers and letters at least one inch high, uniform and type. Employees shall be required to wear such badges while on duty. The franchisee shall keep a record of employees names and numbers assigned. The franchisee shall provide, at its expense, a suitable office located within close proximity to the eCounty where telephone complaints shall be received, recorded and handled during normal working hours of each week and shall provide for prompt handling of emergency complaint along with the special emergency complaints or calls. (10) Each vehicle operator shall, at all times, carry a valid driver's license for the type of vehicle that is being driven. (11) The franchisee shall assure that its employees serve the public in a courteous, helpful and impartial manner. The franchisee's collection employees will be required to follow the regular walk for pedestrians while on private property. No trespassing by employees will be allowed, nor crossing the property of neighboring premises unless residents or owners of both properties shall have given permission. 12 The franchisee and its collection em io ees shall take carcC re a'e -tam to prevent damage to property including, but not limited to, garbage cans, carts, racks, trees, shrubs, flowers and other plants. The franchisee agrees to re air all Kopefty, public or Rnvat e altered or damaged by it, its agents or employees in the performance of its services under the franchise in as izood or better condition as it was before bein g damaged ed or altered (12�3) Franchisee shall notify all customers in writing about complaint procedures, rates and regulations. A copy of the procedures and any amendments or updates shall be provided to the City. The franchisee's office shall remain open Monda y through Frida y from 9:00 a.m. to 5:00 p.m. for the purpose of handling complaints. and for that purpose there shall be maintained an adequate number of telephones and a responsible person in charge during the hours specified above. These requirements to not gpply to legal holida s. (134) Except for servicing of dumpsters and servicing construction sites, a franchisee that contracts for servicing of any property shall provide garbage collection service and all related services required by the property. 15 The franchisee its employees or agents shall not litter premises in the process of making collection, but shall not be required to collect any waste material that has not been placed in a roved containers or in a manner required under this Ordinance. During hauling, all solid waste shall be contained tied or enclosed so that leaking, spilling or blowing away of the waste is prevented. In the event of spillage by the franchisee the franchisee shall promptly clean the litter. See. 11 -13. City Manager to promulgate regulations. 17 Additions shown by underlining and deletions shown by ^•°° -o.g Ord. No. 34 -07 -1935 (a) The City Manager shall be authorized to promulgate rules and regulations as he or she may deem appropriate to effectuate the requirements of this Chapter and to assure that garbage and trash collection in the City is performed in a manner as to promote the health, safety and welfare of the residents of the City. (b) In promulgating regulations, the City Manager shall consider the best available technology for the collection of garbage and solid waste and require the use of such technology as is prudent and feasible. The City Manager shall also consider the nature of the establishment and particular level of services required. Sec. 11-14. Schedules and routes. (a) The City reserves the power to deny a franchisee's vehicles access to certain streets, alleys and public way inside the City in route to the disposal site where it is in the interest of the general public to do so because of the condition of the streets. A franchisee shall not interrupt the regular schedule or quality of service because of street closures less than eight hours in duration. The City shall notify the franchisee of street closures of longer duration and arrangements for service will be made in a manner satisfactory to the franchisee and the City. Customers shall receive reasonable notification of the schedules provided by the franchisee prior to commencement of service. Notification, material, methods and frequency of delivery shall be approved by the City. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. (b) Storm. In case of a storm, the City Manager or his designee may grant the franchisee a reasonable variance from regular schedules and routes. As soon as practicable after a storm, the franchisee shall advise the City Manager and the customer of the estimated time required before regular schedules and routes can be resumed. (c) Force majeure. The performance of any act by the City or franchisee may be delayed or suspended at any time while, but only so long as, either party is hindered in, or prevented from, performance by acts of nature, war, rebellion, strikes, lockouts or any other cause beyond the reasonable control of the affected person. (d) Nothing in this Ordinance shall be construed as a surrender by the City of its right or power to pass ordinances regulating the use of its streets in accordance with the City's police Mowers or property rights. (e) The City reserves the right to adopt ordinances regulating the services provided under this Ordinance. Sec. 11-15. Termination/Revocation of Franchise.; (a) In addition to its other powers pertaining to any franchise, the City reserves the power to terminate /revoke the franchise upon a finding of the director that a franchisee has failed to comply with one or more of the requirements of this Chapter. 18 Additions shown by under l' ing and deletions shown by Wig. Ord. No. 34 -07 -1935 (hl) Prior to making a finding of a violation of this Chapter, the Dir-ee or- City Manager, or designee shall notify the franchisee in writing of the deficiency and provide the franchisee an opportunity to dispute the dir-MWs-findings of a violation. The dir-ee ar-Ci1y Manager shall provide the franchisee an opportunity for an informal hearing, if requested within five 714 days of receipt of the deficiency findings. days' gr-otmds for tem'+inafien, after- ten s (b) Termination/Revocation of Franchise. The following shall constitute cause for termination or revocation of a solid waste franchise by the City Manager: 1 the violation of py of the provisions of the ordinance of the Cjjy of the Code of Miami -Dade County, which violation endan erg s the public health,_safety or welfare; or (2) the violation of any terms or conditions of the franchise, including but not limited to the timely fiiiniz of all reports required by the City Mana eg r; or (3) the failure to proMptly pay the franchise fee provided for under this Ordinance. (c) Notwithstanding the notice provisions under 11 -15(a) above, non - payment by the franchisee of fees within the prescribed time periods shall be grounds for termination, after five (5) days' written notice, without hearing d The Cily Manager may revoke a franchise for a violation or violations. Upon a determination by the City Manager that a franchise shall be revoked, the affected person shall be provided with written notice of such revocation and the reason therefore. Upon receipt of such notice, the affected person mayappeal the revocation. appeal should be filed in wfiting wi4h ahe d-iffeeter- na mer-e �ffiaft ten days after r-eeeipt of vai4 (ee) The City Manager shall set the date and time for hearing the appeal. The hearing shall be held not less than 14 or more than 60 days after receipt of the notice of appeal. The City Eger Commissiopor- his deli g n °° shall either affirm the decision of the dir-ee€ ar-Q Mana er or direct the direetar-City Manager to issue or reinstate the franchise, with or without conditions. Sec. 11-16. Specialized Solid Waste and Hazardous, Biohazardous Waste Contractors a Specialized Solid Waste - Rolloff Containers 1) Except as provided elsewhere in this Chapter, no person shall engage _in_the business of removin or disposing of construction debris or large quantities of trash from gn remises within the Ci y limits without first securing a license for such activities from the Cit 19 Additions shown by underlinin and deletions shown by ever-s44 Ord. No. 34 -07 -1935 Manager by paying the associated license fee and without showing proof of insurance as required in section 11 -11. However, a franchise waste contractor shall not be required to obtain a se crate license to service rolloff within the Ci1y. No rolloff container or construction dum ster shall be placed or located within the City limits without an issued permit by the BuildingDgpartment, and as approved by the City Manager. Rolloff or construction dumpsters are to be used for the removal of construction debris, renovation and demolition material, or for the removal collection and disposal of large guantities of bulk waste. Rolloffs and construction dum sters shall not be used for the removal of garbage or commercial solid waste. (2) No rolloff container or construction dumpster shall be placcd or located within the City limits without a pennit from the City Manager.. 3 The ermit fees and requirements for rolloff waste container contractors shall be as follows: A) On- Street permit fee. When the rolloff is to be located on the street,_ he permit fee shall be 16 percent of the licensee's total monthly ass recei is for the month in which the permit was issued and every month thereafter that the permit is valid. Fourt barricades with flashing lights shall be posted. In addition, when the rolloff is to_ b e located in parking metere spaces, an additional fee shall be required, for a per meter, per day charge. use of barricades is mandatory. B Off - Street enmit fee. When the rolloff is to be located inside Lnvate Mr -pe�Ay lines the-permit fee shall be 16 percent of the licensee's total monthly gross receipts for the month in which the permit was issued and every month thereafter that the permit is valid. C) List of accounts. The licensed rolloff waste contractor shall provide the Ci Mnaa er and the Public Works Director with a current list of the names and addresses of each account upon initial a lication and Won application for renewal of its business license the frequency of service, the permit number and capacity of each rolloff container or construction dumpster. NO property owner may share an account with another property owner. The licensed contractor shall notify the City Manager in writing on a monthly basis of any changes in its list of accounts. Monthly report. The licensee shall deliver to the Finance Dand the Cily Manager a true and correct month report of gross receipts generated durin_ the .previoius month from accounts within the City on or before the last day of each month. This detailed rnontly report shall include the customer names, service addresses, account numbers and the actual amount collected from each customer. Payments of the fee shall be made montly to the Finance Director, on or before the last da y of each month for gross receipts of the previous month. The licensee shall on or before 30 days following the close of its fiscal year, deliver to the Finance Director and the City Manager a statement of its annual gross receipts generated_ from accounts within the City certified by a certified public accountant reflecting gross receipts within the Cjjy for the preceding fiscal year. 20 Additions shown by underlining and deletions shown by ev@T-stfikiag. Ord. No. 34 -07 -1.935 (E) Audit or inspection of licensee's books and records. The licensee shall allow the City Auditors at any reasonable time after reasonable notice to audit, inspect and examine the licensee's fisceal books and records and state and federal tax returns insofar as the relate to City accounts to confirm the licensee's com liance with this section. This information shall include, but not be limited to, the following: billing rates, billing ounts, . and accounts receivable. Additionaly, the City's auditors may communicate directly with customers of the licensee for the pMose of confumffig com fiance with this section. (F) Failure to pay permit fee. _ (i) If the licensee fails to timely pay the full permit fee as forth above, the licensee shall pay any and all of the City's expenses for collection of the fees, ncluding, but not limited to, _court costs and reasonable attorney's fees. If the licensee fails to a the full permit fee on or before the last clay of each month a late poment penWly shall b edue, and interest shall accure on the amount due at the highest lawful rate of interest per annum. (ii) Additionally, code enforcement pursuant to section 2- 25,of_the City's Code of Ordinances may issue a notice of civil infraction to the property owner and Contractor /licensee for failure to obtain a pennit before placing a rolloff or construction dumpster within City limits. (G) Evidence of payment. In order to effectively provide for the collection of the permit fee by the licensees to the City, any person seeking to renew his annual business license shal provide to the Finance Director and the City Manager evidence of p4jment of all outstanding ermit fees fines and other chanr es as a condition to reissuance or renewal of the business license. (b) Hazardous and Biohazardous Waste Contractors 1 Except as provided elsewhere in this Chapter, no person shall engage in the business of removing disposing or collecting any hazardous or biohazardous waste from any premises within the City limits without first having secured a business license for such activities from the City Manager by paying the business license fee required and by showing proof of insurance as required in section 11 -11 and proof of required state licenses and fees. (2 ) Requirements and fees. To obtain the license required herein, the contractor must give the Cit y Manager a list of all his accounts within the City stating whether there is hand collection of bags or collection by dumpsters, frequency of service per week, and a description_of services. After an inspection of the location where the account is going to be services and approval of the location by the City Mana er a biohazardous waste permit, valid for one fiscal ear, will be issued by the City Manager. The ermit is not transferable. Disposal of hazardous or biohazardous waste shall not be placed in ag rbage cans, containers or dum�sters_ for routine collection. Substances in this class shall be segregated and disposed of as provided by state andfederal law and in accordance with the procedures set for in chapter 17 -7 of the Florida Administrative Code which proMbits the deposit of this 13Me of waste in a sanitga landfill. 21 Additions shown by underlining and deletions shown by Ord. No. 34 -07 -1935 I Section 11 -.17 Enforcement and administrative fines. (a) Collection standards; penalty for violation. 1 All work relative to the collection and removal contemplated in this Chanter shall be performed as scheduled an in a complete workmanlike manner. The franchisee shall properly service all clients by placing all commercial waste containers in their proper locations in a litter - free and sanitary condition. 2 Trucks utilized by rivate solid waste haulers /collectors as waste collection equipment shall consist of leak proof and enclosed bodies with compactors and sanitizing materials in each truck. (3) In all cases in which solid waste, special waste, garabage or trash is removed and disposed of by persons other than employees of the City's Public Works Deparment, it shall be unlawful for the pri vate collector, franchisee to remove the solid waste special waste garbage, or trash from an remises in the Ci • or to transport the items through the streets alleys ublic ways of the City; or to dump, incinerate, or in any other manner dispose of the items originating with the City, or contract for or permit to be employed or engaged for the removal, transportation or disposal services without first having secured a franchise pen-nit for such services from the City, and having paid the applicable franchise fee. (4) Overflowing rolloffs are prohibited. The City Manager, or designee, shall have the power to order the removal by the franchise owner of all overflowing rolloffs. The _C� retains the right to restrict the location of any rolloff container or rolloff compaction container order to ensure the public's safety and to prevent traffic hazards. 5 Rolloff containers. It shall be unlawfiil for an erson to lace or allow the placement of any rolloff container for the -purpose of construction debris disposal on a premise in which they own, rent, occupy, or control without first having obtained a building, permit_ for construction associated with the premise. A rolloff container shall be placed only in a drivewa or a parking area on an approved surface. A ermit for the placement of a rolloff container shall be required. (ab) Any person who has not strictly complied with the provisions of this Chapter shall be subject to the enforcement procedures provided in this section: (1) In the event of a violation, the Code Enforcement Officer or any other person designated as a code enforcement officer by the Gity Manag°Tshall notify the alleged violator in writing and give him or her a reasonable period of time to correct the violation. If the alleged violation continues beyond the time specified for correction, the officer shall issue a notice of civil infraction in compliance with section 2 -25 of the City's Code of OrdinancesC_*_; '_'. anag f the City M-5— All. heafing requests mast be ffiade in "fifig• 22 Additions shown by underlining and deletions shown by Ord. No. 34 -07 -1935 (5) T-4pen r-endering a deeision, the City Maaager shall file the deeisieii with the City Iffi- - (6) A fifial deeision ef the City Manager- may be appealed wifliin 30 days to the {hc) Administrative fines shall be imposed in accordance with the City's Code Enforcement Fine Schedule found at section 2 -25 of the Cit y's Code of Ordinances pursuant to the Schedule of Fines contained therein as amended from time to time. following sehedule: franeWsed waste hauler- for- the eel! R An kj feffieve4 of- solid waste/gar-bage frem the 250.00 23 Additions shown by underlining and deletions shown by �g mail; MW Y. _ M - L. .... .. .- .. - . .. .- ..... (5) T-4pen r-endering a deeision, the City Maaager shall file the deeisieii with the City Iffi- - (6) A fifial deeision ef the City Manager- may be appealed wifliin 30 days to the {hc) Administrative fines shall be imposed in accordance with the City's Code Enforcement Fine Schedule found at section 2 -25 of the Cit y's Code of Ordinances pursuant to the Schedule of Fines contained therein as amended from time to time. following sehedule: franeWsed waste hauler- for- the eel! R An kj feffieve4 of- solid waste/gar-bage frem the 250.00 23 Additions shown by underlining and deletions shown by �g Ord. No. 34 -07 -1935 24 Additions shown by underlining and deletions shown by eveFst�4iing 7. Fail+ffe to maintain pr-op@Ay, > 59:00 ... 24 Additions shown by underlining and deletions shown by eveFst�4iing Wagon, of ... •, providing waste 15. illegal „ llec4 o sery dumping Garbage deposited ees 500 nn ffem an au4affiobile.... 75.-W for 18. M. at m .—dump Site bulky #ansfef by eommer-eial establishment... 19. .500.00 Use of neighborhood waste station btilk-y waste minidiiWx 20. impeding, 21. 22. 23. -24. 25. salvaging, Rash not eentainerized Uikiuthefized bulk-y 94bage not eeR4aifferized.... Lithe S;unu:en aadvanda4isfn of or- bund4ed.... 75.00 waste on ritglb.4 of way.... 75-40 3e..... 50.00 00 . .... 75.0-0 24 Additions shown by underlining and deletions shown by eveFst�4iing Ord. No. 34 -07 -1935 (de) Fines afe "e and payable by the violator- v4*An ten days ef r-eeeip! of the deeision of City Fines imposed by the City, and the cost of any corrective work by the City, shall constitute a lien with equal rank and dignity as a special assessment lien. (ed) In addition to other remedies provided to the City in this Chapter, the City may seek injunctive relief to correct a violation or to require compliance with the requirements of this Chapter, and the City may seek damages to recover the cost of corrective work by the City. These remedies are cumulative and an action seeking a specific remedy shall not be construed as an election of remedies or a waiver of other remedies available to the City. Sec. 11 -18 -7. Municipal collection service. Each franchised collection firm shall provide containers and waste collection service to the City at the locations and in conformance with the criteria established in this section. The waste collection services for the City locations shall be performed at no cost to the City and shall be borne equally by the franchised collection firms. Container information. TABLE INSET: Service location Container type Quantity Frequency of service . Public works 2 cubic yds. 2 3 City hall 2 cubic yds. 1 5 C.A.A. 2 cubic yds. 1 5 Palmer Park 2 cubic yds. 2 5 Murray Park 2 cubic yds. 2 5 See. 11 -19& Preparation of refuse. (a) Domestic garbage shall be drained and wrapped in a newspaper, paper bag or plastic bag before depositing in the refuse container. (b) Domestic trash, other than grass, hedge clippings, leaves, branches and vines shall be placed in containers or bundled in lengths of four (4) feet or less and [have a] weight of no more than fgy -(50) pounds. 25 Additions shown by underlining and deletions shown by ever-stikiag Ord. No. 34 -07 -1935 (c) Commercial garbage shall be drained and placed in paper or plastic bags before depositing in the refuse container. Plastic, metal or glass food containers shall be drained of excess fluids and wrapped in the same manner as or together with the garbage. (d) Commercial trash shall be placed in containers and all bulky items such as wooden crates and cardboard boxes shall be collapsed before depositing into the refuse container. (e) Newspapers shall be separately bundled by being placed in craft bags, cardboard boxes or tied securely with rope or cord in bundles not exceeding x(50) pounds each. (f) Notwithstanding anything else contained in Chapter 11 of this Code of Ordinances, aluminum and bimetal beverage cans, glass food and beverage containers shall be segregated from all other solid waste material by residential refuse customers. Aluminum and bimetal beverage cans and glass food and beverage containers shall be placed in household recycling containers, originally provided by the City. The containers shall remain the property of the City, and shall be replaced only upon payment of the fee established by the City for such replacement. "Aluminum and bimetal beverage cans" shall mean aluminum and bimetal alcoholic and soft drink cans only. No other cans, foil, or other metals shall be included. "Glass, foods, and beverage containers" shall mean whole glass jars and bottles designed to contain grocery items such as, but not limited to, ketchup, mustard, pickle, and mayonnaise jars, soft drink, beer, wine, and liquor bottles and medicine bottles. Removal of labels, caps or neck rings is not required. Glass should be reasonably free of food and beverage residue. No window glass, mirror glass, or other glass shall be included. Sec. 11 -2043. Refuse containers. (a) Automated domestic garbage containers. The automated domestic garbage containers shall be provided by the City. The bottom of the containers shall be lined with paper or plastic liners of sufficient strength and texture to prevent leakage and spillage provided by the owner or tenant using such container. No oil drums shall be allowed. The owner or occupant of the unit being serviced shall be responsible for the maintenance of the container. All containers shall be maintained in good condition, including cleanliness and repair. (b) Domestic trash containers. Each residence shall provide two (2) containers of a capacGity of not more than thirty (30) gallons each. Such containers shall be constructed of galvanized metal or plastic and shall have tight lids and be rodent proof. No resident shall have more than two (2) containers for trash collection. (c) Commercial refuse containers. Each commercial tenant or establishment shall provide a minimum of two (2) 30- gallon containers as described in paragraph (a) or refuse bins of sufficient capacity to handle the commercial refuse placed by the tenant or establishment. All commercial garbage shall be prepared as described in section 11 -18 paragraph (c) of this Chapter prior to depositing into containers. The capacity and type of container used shall be determined by the City Manager. 26 Additions shown by underlining and deletions shown by ^w efmss Ord. No. 34 -07 -1935 (d) Approval of containers. All containers used within the City limits shall comply with the requirements of this Chapter subject to the inspection of the City Manager. The owner of containers determined to be unsafe or unsanitary will be notified to dispose of or render safe or sanitary such containers. Failure to comply will result in such containers being collected, disposed of or rendered safe or sanitary by the City and returned to the owner. The owner will be charged a fee to cover all costs of labor and materials required to correct any violations. The owner of containers determined to be not of the approved type shall be notified and required to correct such violation. Failure to comply will result in the City furnishing approved containers whenever feasible. A fee will be charged for the use of such container in accordance with section 11 -23 of these regulations. Sec. 11-210. Storing of refuse. No owner, tenant or lessee shall permit the storing of refuse upon his premises, except in containers as herein approved of sufficient capacity to hold three (3) days' accumulation of refuse in residential and commercial areas of the City or shall permit refuse to be scattered from such premises into the public streets or alleys of the City. Where putrescible waste is stored in commercial containers, such containers shall be sanitized by chemical application after each collection to prevent odors, or refrigeration techniques may be utilized to prevent odors. All refuse container, commercial containers solid waste containers regardless of whether there is putrescible waste,_ shall , and the eanta fter -s shall be closed at all times, except when loaded or unloaded. Commercial containers shall be washed at least twice a year, or more frequently; they shall be repaired to maintain safe, sanitary and odor -free conditions. The area around any container shall be kept free of debris and litter. Refuse enclosures shall be provided per section 20 -3.6 (R) of the land development code. Sec. 11 -22 -1. Extent of service and points of collection. (a) Domestic garbage. Garbage containers are hereby required to be placed at curbside, and facing the street, at least five (5) feet from parked cars, poles, fire hydrants, mailboxes or other obstacles or at location designated by City Manager or public works director. Garbage containers are hereby required to be placed at the collection point as early as 7:00 p.m. the night before the pick -up and not later than 7:00 a.m. the day of pick -up. Such containers shall be removed from public view within twenty -four (24) hours after the scheduled collection day. Containers may not be placed at locations other than stated above. Those containers and locations not approved will not be picked up. Containers in approved location will be emptied twice each week. (a -1) Emergency conditions. Whenever strike, natural calamity, or other emergency shall occur, the City Manager may invoke the following emergency conditions for a period of thirty (30) days by written notice mailed to all domestic garbage customers: (a -2) Domestic Garbage. Garbage containers are hereby required to be placed at the front property line or curb on the day of scheduled collection. Such containers shall be removed from public view within twenty -four (24) hours after the scheduled collection day. Containers may be 27 Additions shown by underlining and deletions shown by Ord. No. 34 -07 -1935 placed at locations other than stated above with the approval of the City Manager. Those containers and locations not approved will not be picked up. Containers in approved locations will be emptied at least twice each week." Such emergency conditions may be extended thereafter only with approval of a majority of the City council by resolution duly passed. (b) Domestic trash. Domestic trash in containers and bundled domestic trash shall be placed at the curb for collection not more then twenty -four (24) hours prior to be the scheduled pickup day and removed from the curb within twenty -four (24) hours after pickup. In no case shall the bundled trash weigh more than X50) pounds or be longer than four (4) feet in length. The amount of domestic trash shall not exceed the equivalent in volume of two (2) 30- gallon containers for each collection. The collection procedure for domestic trash as described herein may change due to emergencies and circumstances beyond the control of the City. In such situations the collection of domestic garbage shall be given priority. Grass, hedge clippings, leaves, branches and vines are not required to be bundled as domestic trash and may be placed at the curb a maximum of seven (7) days before the scheduled pickup day. This bundled domestic trash and unbundled grass, hedge clippings, leaves, branches and vines may be placed in automated domestic garbage container defined in section 11- 19(a). (c) Other domestic trash. Domestic trash that cannot be containerized or bundled shall be neatly stacked or placed at the curb in front of the owner's property for special mechanized collection at the convenience of the City. Domestic trash exceeding the maximum allowable volume may be picked up at an extra cost to the owner of the premises as set forth in section 11- 23 of this Chapter. Pick -up services for the City's public works department shall provide special bulk trash [pick -up]. Special bulk trash shall be defined as refrigerator, stove, air conditioner, washer, dryer, microwaves, water heater, paint cans, and other goods designated by the City Manager or public works director. Property owners and residents shall contact the public works department to arrange for special pick -up services before placing special bulk trash at curbside. (1) Property owners or residents of property have two (2) options for the disposal of special bulk trash: a. Special bulk trash can be picked up by the City at an extra cost to the owner or resident of the property as set forth in section 11 -23 of this Chapter. b. Property owners can use the services of a private contractor for the disposal of such items. However, property owners or residents of the property shall notify the public works department of the option selected and the public works department shall specify the date to place trash out for private contractors to pick -up. (d) Commercial refuse. Commercial refuse containers shall be placed at a point designated by the City Manager. Collection of commercial refuse shall be as many times weekly as designated by the City Manager. It shall be a violation of this Chapter for any tenant or owner to permit the accumulation of refuse upon any premises for a period of longer than four (4) days without having arranged for disposal by a qualified person licensed to perform such service. The 28 Additions shown by underlining and deletions shown by evefs-kiliag:. Ord. No. 34 -07 -1935 City may, at its convenience, require any commercial business or industrial establishment to make private arrangements for the collection and disposal of commercial refuse. (c) Refuse not collected by the City. The City will not under any circumstances collect and dispose of commercial and domestic building materials as defined; commercial trash as a result of lot clearing, spent oil or greases accumulated at garages, filling stations or similar establishments, automotive tires and others items that may cause damage to collection equipment or personal injury to the collectors. (f) Holiday garbage collection schedule: Monday holiday: Monday's route will be picked up Tuesday, Tuesday route will be collected Wednesday with Thursday - Friday normal schedule. Tuesday holiday: Monday's route no change. Tuesday's route will be collected Wednesday with Thursday- Friday normal schedule. Thursday holiday: Monday- Tuesday normal schedule. Thursday's route will be picked up Wednesday with no change for Friday. Friday holiday: Monday - Tuesday normal schedule. Thursday route will be picked up Wednesday, and Friday's route will be collected Thursday. (g) Penalty for removal. It shall be a violation of this Chapter for any person, firm or corporation not authorized by the City Manager to collect or dispose of any newspaper or other recyclable item or container which has been specifically placed for collection in the recycling program as provided by this section. It is not the intent of this section to prohibit any nonprofit organization from soliciting newspapers, cans, or bottles for the purpose of resource recovery and recycling. Sec. 11 -232. Enforcement; inspections by City. The City Manager, or designated code enforcement officers,.--shall have the authority to enter, at all reasonable times, upon private and public property for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this Chapter. Enforcement shall be through the issuance of a notice of civil infraction_ pursuant to section 2 -25, of the City's Code of Ordinances. 29 Additions shown by underlining and deletions shown by Wig. Ord. No. 34 -07 -1935 Sec. 11-2-34. Refuse collection fee schedule. (a) Domestic garbage and domestic trash: The fee for the collection of refuse from residential units for the service as provided in this Chapter shall be as set forth herein. For billing purposes and description of service this Code shall hereafter refer to class numbers which are described below: TABLE INSET: (b) Commercial garbage and commercial trash. (1) The fees for the collection of refuse from commercial establishments including apartments, hotels and motels from approved domestic garbage containers as described in this Chapter shall be as set forth herein for the number of containers and frequency of collection. 30 Additions shown by underlining and deletions shown by Annual Semi - Class Description Fee annual No. Fee I Apartment, per unit.......... $31.90 $1620 2 Special collection Minimum fee per truck load I There shall be no minimum fee charged for pickups of up to 112 truck load once a week 2 Trash pickup in excess of 112 truck load is to be charged at $156.00 per 112 truck load or any part thereof 4 Each appliance trash pickup $50.001per appliance (b) Commercial garbage and commercial trash. (1) The fees for the collection of refuse from commercial establishments including apartments, hotels and motels from approved domestic garbage containers as described in this Chapter shall be as set forth herein for the number of containers and frequency of collection. 30 Additions shown by underlining and deletions shown by Ord. No. 34 -07 -1935 TABLE INSET: (2) The fees for collection of refuse from commercial establishments including apartments, hotels and motels from approved City -owned and privately owned and maintained bin -type containers shall be as set forth herein for the capacity and frequency of collection. a. One cubic yard capacity: FREWWWWW Class No. Collections Per Week Monthly Fee Additional 2 $105.30 10 for each 155.72 11 5 container above the minimum Class Collections Monthly Monthly No. Per Week Fee Fee 6 2 $14.18 $22.58 7 5 3650 22.58 (2) The fees for collection of refuse from commercial establishments including apartments, hotels and motels from approved City -owned and privately owned and maintained bin -type containers shall be as set forth herein for the capacity and frequency of collection. a. One cubic yard capacity: FREWWWWW Class No. Collections Per Week Monthly Fee 9 2 $105.30 10 3 155.72 11 5 180.94 b. Two cubic yard capacity: TABLE INSET: 13 2 $146.26 14 3 215.59 15 5 259.72 See. 11 -254. Billing; payment; due dates. (a) Billing for service. In all cases the bill for refuse service shall be the joint and several liability of and charged to and paid by the owner, tenant, users and/or occupant of the property for which the service is rendered. All owners, tenants, users and/or occupants shall give the City notice thirty (30) days prior to moving, and shall have the responsibility of terminating any account with the City. 31 Additions shown by underlining and deletions shown by g. Ord. No. 34 -07 -1935 (b) Payment of fees. The fees prescribed in section 11 -23 are due and payable on the first day of each month. Such fee shall become delinquent if not fully paid on or before due date ten (10) days from the first day of each month. (c) Fractional billing. When services commence during a calendar month, no charge will be made for periods of ten (10) days or less in any one month, but eleven (11) days or more shall be interpreted to mean one month and shall be so charged. (d) Exemption from fees. There shall be no exemptions for the payment of fees, except that establishments employing and using the services of a private refuse collector holding a valid permit shall not be liable for the payment of waste fees as would otherwise be required hereunder so long as such employment and use continues. No vacancy allowances will be permitted. See. 11 -265. Fees shall constitute liens. (a) For service of refuse collection and disposal by the City or the availability of such service, all improved property shall be liable for the payment of the refuse collection fees. All fees becoming due and payable shall constitute and are hereby imposed as special assessment liens against the real property aforesaid and, until fully paid and discharged or barred by law, shall remain liens of equal rank and dignity with the lien of the City ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. All delinquent fees shall bear a penalty of one and one -half per cent per month from the due date until fully paid. Unpaid and delinquent fees, together with all penalties imposed thereon, shall remain and constitute special assessments against the real property involved. Such special assessment liens may be enforced as provided for enforcement of City ad valorem taxes, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173, Florida Statutes, or the enforcement of payment thereof may be accomplished by any other method authorized by law. (b) The City Manager is authorized and directed to execute and deliver upon request written certificates certifying the amount of waste fee due upon any parcel of real property subject to the payment of such fees, or certifying that no waste fees are due, which certificates shall be binding upon the City. The City Manager shall make rules and regulations prescribing uniform procedures governing the administration of the provision of this Chapter and providing procedures for the payment of waste liens in periodic installments and the cancellation of waste liens, which rates and regulations when approved by resolution of the City council and filed in accordance with the requirements of this Code shall have the force and effect of law. 32 Additions shown by underlining and deletions shown by ^r,,,.�g. Ord. No. 34 -07 -1935 Section 2 -3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 34. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4 -5. This ordinance shall be codified and included in the Code of Ordinances. Section 56. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this day of 2007. ATTEST: APPROVED: CLERK MAYO READ AND APPROV D AS TO Lui igueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney 11t Reading — 1 1/ 2 7 A 2nd Reading— 12/18/ COMMISSION VOTE: 5 -0 Mayor Feliu: yea Vice.-Mayor Wiscombe: yea Commissioner Birts: yea Commissioner Palmer: Yea Commissioner Beckman: yea 33 Additions shown by underlining and deletions shown by evefgig South Miami All- Ameic &City CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via.: Yvonne S. McKinley, City Manager alt: From: W. Ajibola Balogun, REM, CFEA, Dir' ctor , 20'' Public Works & Engineering Department LJL Date: November 27 2007 Agenda Item No.: Subject: Amending Chapter 11, Sections 11 -2 through 11 -17; provides for issuing of non- exclusive franchises for commercial solid waste collection. Resolution: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO SOLID WASTE; AMENDING CHAPTER 11, SECTIONS 11 -2 THROUGH 11 -17; PROVIDING FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION; PROVIDING DEFINITIONS AND FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; PROVIDING FOR TRANSFERABILITY OF FRANCHISES; PROVIDING FOR FIVE YEAR FRANCHISES; LIMITATIONS ON CONTRACTS; PROVISION OF LICENSING FEES FOR TEMPORARY ROLLOFF CONTAINERS AND HAZARDOUS, BIOHAZARDOUS WASTE OR SPECIALIZED WASTE COLLECTORS; APPLICATION PROCEDURES; FEES, REPORTING REQUIREMENTS, INSURANCE, SERVICE STANDARDS, PROVIDING FOR CODE ENFORCEMENT PROCEDURES; APPEAL OF CITY MANAGER DECISION TO DENY FRANCHISE TO BE HEARD BY CITY COMMISSION; ENFORCEMENT AND REGULATIONS; SCHEDULES AND ROUTES, TERMINATION; ENFORCEMENT AND ADMINISTRATIVE FINES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Request: Authorizing amendment to Chapter 11, Sections 11 -2 through 11 -17; providing for issuing of non - exclusive franchises for commercial solid waste collection. Reason/Need: With the intent of improving our commercial solid waste collection services, we have reviewed Chapter I1 of the City's Code of Ordinance that allows for Solid Waste Franchise and recommend the attached amendment to the chapter_ Following are some of the recommended revisions: Franchise Fee: In addition to the proceeding changes to Section 11-10(a) of this chapter, it shall be unlawful for any private hauler operating in the City to either collect, remove, or transport from properties in the City solid waste for disposal without payment of a solid waste franchise fee to the City: o Annual Fee (General /All Waste Services): The franchisee shall pay $7,500 with $500 increase per year. o All City - Franchised commercial solid waste haulers will be required to pay the City a franchise fee of 25% of the franchisees' total monthly gross receipts from accounts within the City served by the franchisee. o A vehicle registration fee shall be charged in an amount of $25.00 for each vehicle of the franchisee (see Section 11 -10(a) (2) (b) of the proposed ordinance for details). o A permit per account fee of $50.00 for each account shall be paid to the City by the franchisee, of which no more than $30.00 may be passed on to the commercial business (see Section I 1- I0(a)(2)(C) of the proposed ordinance for details). Insurance & Indemnification: This portion of the ordinance was improved and the indemnification clause was added, to include: o Addition of a table of minimum insurance required of each franchisee (see Section 11 -I I(a) of the proposed ordinance for details). o Sections I1 -II(h) through (k) covers the indemnification clause added to the proposed ordinance. Termination/Revocation of Franchise: This section of the ordinance was improved to include the list of what constitutes revocation of a solid waste franchise (see Section 11 -15 of the proposed ordinance for details). Specialized Solid Waste (Ro11 -off Containers): This section of the ordinance was added to regulate the business of removing or disposing of construction debris or large quantities of trash from any premises within the City limits. Among other guidelines, the section specifies the appropriate location for the roll -off, required fees, reporting and record keeping (see Section 11 -16(a) of the proposed ordinance for details). ® Franchise Term.: It is proposed that a period of five (5) years shall be initially granted and a renewable five (5) year period. To assist in reviewing our current code, we reviewed other cities' franchise requirements for the same services. Attached is a summarized table entitled: Solid Waste Franchise Fees for 4 cities. Cost: N/A Funding Source: NIA Backup Documentation: ❑ Proposed Ordinance ❑ Summary of the review of other Cities' franchise policies entitled: Solid Waste Franchise Fees Page 2 of 2 rn v v ca CS 3� v d.+ C3 a O U bA F3 C) Q N3e U +' ' U U M U d P 3� N �} 2 U m U b4 F'! ° v � y'—'�, U � � � `��y • 9 � .� Gam) � � �` W � "CY E. Cd 3 o o cz� ° Q '� o p ra °�' o °3 0 � O " v •� v bA -0 C.) a"Oi ° �' �-, � `� �' � 'n to ;5 o r-1 ,�•� tiny �,p., o cd w, x v GT, W rtOr r7+ i�Z3 Q °U O F L� H rn cd v •'d U O \ O C) C N bD ��'+ Lon M �, ~ rte{', o �' O 3-?� °C4-4 0.)° o.� u ai ° cn En U 41 LO %] y jj rij U W U U ;" G) cd U U p +� U m rn U y� u) 4, O �' Qt cd bA O LAI U Y O oA e. _n fly cd -4., p 4° o U v — o ul ° 0 4° u o Cd O U 71 a O U bA F3 O 4-q O N to cd A•i a o o ° ©� e� 0 cd p t'-' o o a tan O a y r a 00 a a p r o �� O© y cd o cif C6 19 �y �� O o" v -� Gn a cd "O 4 r Fi„ a rUj p CS C cd cd to wli .4 71 0 It -� tt Cd cl o o v o o U o w 7J � o o ° cet H� 4° ,�Aa� w a `� w �r`+ U OU O OU u 4 Ri E!3 cCdL` ! (1) EA O 7, ro O un o 0 o U G� O U � U y 94 � O ytan U ?� 4s-1 U 0 Ell ;-4 U U $--� b!J O ti + ¢ U rr O R a � O 4-q O N to cd A•i U U '_z3 .0 U a> U U U a in, 0i 7-i 4O + Cd T ^' ' O v] U i � s U - p� U U 4U . cd >, O p U o m5, !C U r i Q+ "O A O .Q U cd �. O D U U U cUi ay +� .O c}? C co CIO 7; C14 � U O U� 3 o � �, U cd 75 a � � 15 a 0 O M U c� o o A. �+ U O ^M •+,is Ca O c� a; U U Cd co CIA p U s i O cC U O c� bUA +' r,e C.� Q • •�i ` U C�h .r+ bA un U bb U U , Z .� Q uo td C 4--i cd '•�•• U 0 ND , O p t, O C-) to °' nA ,20 4- o U U '_z3 .0 U a> U U U a in, 0i 7-i 4O + Cd T ^' ' O v] U i � s U - p� U U 4U . cd >, O p U o m5, !C U r i Q+ "O A O .Q U cd �. O D U U U cUi ay +� .O c}? C co CIO 7; C14 � U O U� 3 o � �, U cd 75 a � � 15 a 0 O M U c� a U U U '_z3 .0 U a> U U U a in, 0i 7-i 4O + Cd T ^' ' O v] U i � s U - p� U U 4U . cd >, O p U o m5, !C U r i Q+ "O A O .Q U cd �. O D U U U cUi ay +� .O c}? C co CIO 7; C14 � U O U� 3 o � �, U cd 75 a � � 15 a 0 O M U c� 4� O d' U � w rn cC i„ k•K O D U .— to ° U C6 (44� U ' U a 4 o° W P o O •s,,,, F� � O cc3 • � � ,�,� U d' p , � o �, U � tC it 0 .,-, btb U U U U j ILI 4-s � Vi ,a '•C� � O d U U 41) mw ap] ® O O J., y <::� -- k.K �J sF3 O .� � 4-4 O p O O Q © lon U W a1 - o ,C�j4s�+� G3 fJ O r C) ; 0 �' a 7: cd � c� .,d - C�mcd 0 N O � 4A o . � -r U_ s p F G3 U U U V- U r^- W• QJ GJ R O N GD U Cd Ed cd rn 4-4 CO) O O v� cp cd p c O 0 ter p O O� "� O O, U U t �,3 0 O ct CD 1-4 ° U O Q] ca *C Q .�. k•, G1 qi U Id +� D "O -O 0 ct3 N U 4- i � s: O cd GA � U 0.c (4-4 .00 V U Cil O � U O a. CC 'iU7 Q� ~ 4.) a> Cd O ril ^a 4� U e3 U O r-.p U �. — . N � � � O n U to U + O Cd N " W `4. a1 U w U U tO 4� O 'r• O O -0 O p U v O C64 O 4� O d' U �Fi C/) � O ,•� U] • •, • ••� V a.•. �, do �Q C3 •�" �"Y i�Ii O P, W c� Q4 ® C.) O v 4-4 V r- r U 4. � aj vz to , U rp i .-� gl cd v O cd c�- !. 4 � U3 O '� CP O v•; 0 -6--b Ott c� O C GO 69 + -0 -C� O ' ID 4-1 CO �j "`-+-' Cd L cart u Q T O ^p vs U lc� U O � ro k cd U U t, v rn �, i � v 0 O rn v ei O bA Lr e3 "O r c, O O+ a� N � = IW4 cO� O `� .. -d 0 v • [� �' D 1.+ � e-i � � u � 7-; G� t--` O ,--i ,Sa' � N � � � '•-•3 r/] 'T� '�' -i c�'1 3r P-I CC W m cd al O U' o O P, O U "d }En � as �3 4 O v U a `n O S, v� � uZi o� fit° s Ln ?, =P j c v U O O-F, 4a _ -; 0 Lei '— o C13 CP 0 n LO 6 o 75 0 °U' o o a 0 LO aq Cd cd 'o U •.., --� O 1-=� k ..w cvd 6v� v s � o •�` °�' °U'.fl �"� ° o O 40 o ° cn U ' H -d ;04 ° CL, en o o m ° c� W y p u O 4-� O Ln ril bb LIS Ra O - c� U Q -- 4: a a� r, O C +' O O O O O N N O Cd rw O U C2 V] U O Cd o v o a -C'4 444 Cd a� .� (1) o cd • ° bl) •� U O O U O � bA O O O n j p U❑ 4i OU` W rj vU� U 4 45 C'n y O to a) r U O cd U � a O bA p U j cd 0 r-1. 4- o c N V] b �no CO to 0 Lo U t O a� U U O rn O W O fit �t �i tai G �"" �U' 0 �. O '5! Qom] ^ N 4� Cd O tn O U rte+ n y O 4� O U b1,? 4-4 `+ - 0 U 't:S q, `* >, c3 "- 'C 'n � `+•' b w O ..- z 41 4. -S O O, cC v 0 .� U y +' rri Q. T3. + O v � O O Cd O+ O Cd " bp co "d U rn 3 O .O . ID cu cn cd 0 as co U " cd V cd - cd r� U rn O cti O O cd Go R vy "O 4; O c� U O 'O OU +U ^U" pi L °Oryy ° o o 'mod �r-)4, i ran .U�' . N ° c c' cd 0. V o v 44�-{ ° rn U U O � .O .� � .�'-� N ��`,,, � O • •-+ (D O � tai � N 4) O O � O N n O 4 U cUG O .w" iU � O � `Y' C4-` p U r� G) b�A � .i r Lo 4-f 44 O U .fie ' i U O O—+ �? " a 3 m w cry U) VI U O rr� QJ O O U, Z U av') cz: �4-, 'o . O ; � d ¢` -0 � O o � ¢ O Ln ril O v W i� U e to o U] 'C Q) p a) .iJ CC3 U O cd cd cd cei p ri]" O cn O 'O O U 4- - ce U � cd �r -cl va O ul c}.; O 4) a) c�i" U .� Cd �+ .Ui O cd m 41 O x s' O O �+ , + 4S 4 O aJ a) OOs C3 v �k O "w O O O 4d s., O U cd j A) V ;--� 0.., 0 cCi U s-� +1 O, ;-4 +� bl] �j � v1 � O -- 0~ a) 'd . � �' rn -;� 0 4a 0 a� 4� � H t) 4) — t3 a) a) ,� - O , V) Q) 'C va .� rncad .,-, O O *�" a) 4) U U '0 M U +� u7 r!� :� 144 r+ m O U p tg Q+ i U � � � � � aJ O � .� 0 � U � 4i • QJ p N � � � y �, cd os rii O N U t+,d 4d 1. c3 O a � CIO O Cd U trA r r� aJ a) ,� cH a 43 U 75 bA -0 "O .� N k,4 c-4 4-4 b4 ;-4 U -- _ COD 0 bD O N-r"S Cd Q-1 C4 ct o U o cd th o o 0 0 tet° cd cd Itj D Ci W e j +' - rn U CC v O c� •r�n U .Q O O b�A --� '�j ,� t � p 6. • r , rA Cd cn -!j S"+ y Vim] i ' [d 0 0 rn � . ti UU" t;- by U U , • S"� a ' fr� rJS U til CIO U -f.a y U O r+ 0 � u] C3 O ^• •�w•' � � U S'" + U ¢< � ^ �"r U] 4-+ •,Ua �� U 4w U bA O U U U Cd C/] } _" O - `n Op ¢i "' U ��. O +- O ice' ° G� cC U 4, It U O V� U rr cd vi M cu 2 V u U U 0 4� 0 a� bA O_ {a••t O a, bA r O 4- Cd r7' C4 C vUj � "r p r, ;. .,. cd N O rn a� t© m p t-4 "C O o `�' U • y w ° c� v a C,4 G ` �+ co CA rn U O to ;-' U O bb i°. a� v� @ V p c�C j o y° Ur U O A cd O V U "O • �. G] S- V 14 a°C', V En w °� 0 ° c° +' yaU a -�y rr W Gam? O p o V • $� Cd U 'C3 �x P O Ct 0 U Q"Sal U "I 40, cd �}, r�-1 d � C�3 O o O C)4 O C) b "C3� U 4 GA c6 i" as y O. as U C4 cd Q p r4. U U qUp c� ljz� > c V W as v O �. O by rn eC U by N O O O O N 0g-, o L8 a�i U U U° a� .. v p, v cn o 44 Ct cl i .., S to .� G? y p c� O O d � O_ {a••t O a, bA ° v U U 0 cs U � Q3 > O vUi U O p bD U rn O O cC 40 Q c .. N.� Q Q4 O Qr O rU. 0 � 4-t N ap O O O O Cd 0 0 GO O U v O tZe J5 �j Z 0 "O a '111 aj � U O U4-1 N �- � O R3 O vz coa N ti a� 0 4-4 ° o'er U 0 +-� O +� bD c� 4--1 Z O F7 O 44 bA bA 41 + + O va , O UPLO 0 O U 4-j U w C cu c , cd O 4� O O r-+ U b:0 R, zuw 02¢ OzwZUyi Zp2¢Z� }W - zw w176 _ m _ 0Om- Sm7' Or _ oz, NamaE.a ,- No72 _h2gzN �?uwU N�a rN =_ 1W 5�v. >> n fwz°w�0 go¢ E_z wzz�¢"w- O 5rrn �an - p-a¢ fl sw a I oW ? Oz9ww 2 �0OOU m my % U -5w rc QwK _.Og-aOxWwO ° w 6 a ¢Om � - m a cmm U te�ar , nma°'Ec m 'oo �°QE �m m g a ° a m M ^o m ' W -+¢0W0 c .. ,� �Cl m`u'" a ¢n> 50z aw�gkmm �¢?'aw Oha m a r-E °Nl MU z mz a°op_w a4aUaoQQ Voo. z._?¢ c m >.9 �0��0 z�o?Q4aq °s zFz OkL w OZ a c7�cmEt �qO � i¢� owtVLLtiZU C y�LL V U¢a�!¢FvQ2�mO Owa!LL° ' ¢¢.;Ea ¢ w 0 iQw wj ¢ r¢ =°dl lwwO �wg¢a a 9 °o z:: = E -m r wa j '4M¢O¢¢z E�`nFn °zm. a O0O i¢ g°XNJOza <<Zo wO b am -mm-memn�ec vE_ o Q[7n5M-¢¢LL n � gib -E � F� °FQ2 FyajhZ }Z'?r -NOS �¢{ JE 1Qmm §F U rm m »maumc3 O,n Wr >W Qu =O¢0 40Z�jX�e. orOnElloU v � mmroymmdq UpU Mw I Upry,0.Q 'O�¢pUWwr pU W,z �p _Z iw- _� n to °ornam3 Q0a:.a Q zF-O rr OF3 �ti ..Zw rUaz, -F_, 2zQ �gi Wm �40w° �$_ r i6 'm -V2a m p°�Ia1WN�� Z �2¢j � Wi[1¢¢FF _ Z—zw r­". -0' 4 �4Z5 w i- Owwp¢u.�.O wtl99gpwUh. .-.2-0 -mZ gTFx - V °U a2r p2 m2UW mwW ¢ILx 6¢w �ra�¢U. a ~OK�ZmFti.. U i-jUw ~3N36 b m- ¢4hw¢wuue 4RUm u~iz6oa4y,fri0 zw °o y�-¢am °„LL- .. ¢°Ww„UF Ow =�EabE V N a `RAN O=4, Iz lo oz .0 Z _� OQ 2mGm }U -2 Zaw }rT }¢F '-° OF- ❑_°" tl1¢ T�"'m ¢FCYJ�Q z`uaw<z! y0rW00¢¢34 9l FwmmJm ¢ inrc °�Q w2a °w ❑WZUZ�H pmZU4K�¢rcw4�ymF ._moo..ZW�m UUgwt��F@ mm�2� 7u DU m� ¢¢oyQz a .�= mmZ¢czW�u° -,a¢° �tz-a wr -] �r¢UaOn �c'-i 2romwi¢zL-w aitiaz°wpE�°Q�a e�mE aw }w°>mOUa¢°m�7 �SoFo��u 9S.ZO�o� }W �c~i�UO� a��ra-o°FOQ ° >w R � c »�[� xam>OF gzaz oo�¢w � zazUjaoo s}- ¢Z�t]�azN� �¢mLw�OLL`�y rdL¢wOQO }Ui4m? �S E -ao �ZV�zD4U'YU"rQu 0000naWapoZ= o_OOO+Y CZO U�wq�pgaHlZiE 4yzUZ�FN� w . SC1 ommy Uzzzmrmz¢o¢zOW zm W�2Nia - z¢�w -�ww? Vx °.. cnKZ�U 5iaz�a wwzz ¢O 41jm -wC7M ¢OQ}zrnw m .swu c� mwwa z uzw UazU °w_w ° 7Z a= LLAJxar�UF OLLVOm2aZ ptemi sli rLLRmpOjJp z QjNz¢m P m m� °° J m W Z U¢ a � O° Q Z¢ X} Q 6 6 0 Z U C N Q Z d O= U ❑� ar m z Q a U O m¢ 7 Z O Q e.U¢.JoamaC>a- Q aa- a klt w °zr r�icmzam� °rr`�zxw�`Naz=;�gQia� =- QO ZTj ¢m¢��z =�Z4 G d mc��o r °- QwwFwOZmamFi h °ggQa xl-�oU FFj'aa� xF OV WSIQ-xza a w°dNA� O¢r 0 O Z -¢¢ W O , T a w o z� o �° -z WOZ�a -z¢¢ W mow aoo�?� mezzo wa F(� mV «o. UOUuWSau°- i��C72oC3wz (wOyoQHQro °9oz D¢x<��002z -: °0a{ wooLL�'•'F 'rL¢quj¢U°¢ o. vr, W3mpm zF¢ w¢zzVagam z }Oomw off oZ'W2 a z ° .zu.o° O�UrV F�fzz zm� ^3 ��W.ozazrrii m'V t= 00 ?¢¢v�FLO¢q(a7 apOw.zNZ amo. atii - o u� >VN -�Wwu. wu �. 20 az .ZZm�+n�..yW?�' oU�wzU�Z2zz z,, wa2wdwzz zt>axaovwiziFQ aawz°NUwiF o °rn� OJr��XVrcwwF¢7- O rzQflyUW Sa °SZ Q WEm -q- 52 °wWUggO �O'icOQUSw Q. z. m w--r- ¢ o m as ow x - -z < z uwHC3 odOww¢zo` OOisHH Z,+F -w wm ZmaO O� -a�ul o°.oz¢OO ar °- o-FZQOV �.J-1 QOa z.OU�FLy. timE a z boo¢¢ zWw_w� oo¢ce zLLo�xa��m�woowrca�azo�¢ E -m ¢¢yv�¢aa_°N¢.¢ao QOra °u,aN�aa Qa¢V aomaNUCa_¢O WFw waaOrm F¢aQLLw¢r0 m T C r m_ H N c o ¢ y b 9 z t m m c°+ a m Q r LiJm - cL "''_+°..00 Em pnn3c n= m m a m p t m m'- `m T m p 7 E q 0 .mC 0 O Z V O d L L m f0 m y m !n y T m - ciE ncymn =� am,-n [n ynm m�E n `m aW - y v w y rr, C mZ�c - 40 �n��x -� m "m n m t Mg, tiu -mmmz `am qw Xm d c�c a� c°.m art O m¢w -1z� '� O} �u�e -3m?:w O� x9 �v �3 ao yc °a"v+ °a m u W �� � , F p 0 7¢ ar U A U O 3 a¢ U L l� w m n a y m o c m o `� O H U Dox got what )�d — plus you have ever had to deal with Building and Zoning or Code Enforcement officials. JOHN R. DAVIS CORAL GABLES STM �K 1500 P.'ioma Avenue Suite 350 Coral Gecglea, norlda X3146 Telephone: (-i-1) 305.740.6001 www.polestarraiami.emna COURTESY NOTICE CITY OF SOUTH FAMM, FLORIDA On Tuesday, December 18, 2007, beginning at. 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE AMENDING THE SOUTH MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15 -99, ENTITLED CONTROLLED PARKING RESIDENTIAL ZONES; TO DESIGNATE CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING PROCEDURE FOR DETERMINING CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING ISSUANCE OF SPECIAL PARKING PERMITS UPON APPLICATION; PROVIDING PRIVILEGES AND RESTRICTIONS ON RESIDENTIAL PERMITS.AND PROVIDING PENALTIES. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5393 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONINU MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5700 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY AN ORDNANCE RELATING TO SOLID WASTE; AMENDING CHAPTER 11, SECTIONS 1 T -2 THROUGH 11 -11; PROVIDING FOR ISSUING NON-EXCLUSIVE FRANCHISES FOR COMMERCIAL SOLID !HASTE COLLECTION; PROVIDING DEFINITIONS ANJ) FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; PROVIDING FOR TRANSFERABILITY OF FRANCHISES; PROVIDING FOR FIVE YEAR FRANCHISES; L]MITATIONS ON CONTRACTS; PROVISION OF LICENSING FEES FOR TEMPORARY ROLLOFF CONTAINERS AND HAZARDOUS, BIG- HAZARDOUS WASTE OR SPECIALIZED WASTE COLLECTORS; APPLICATION PROCEDURES; FEES, REPORTING REQUIREMENTS, INSURANCE, SERVICE STANDARDS, PROVIDING FOR CODE ENFORCEMENT PROCEDURES; APPEAL OF CITY MANAGER DECISION TO DENY FRANCHISE TO BE HEARD BY CITY COMMISSION; ENFORCEMENT AND REGULATIONS; SCHEDULES AND ROUTES, TERMINAT €ON; ENFORCEMENT AND ADMINISTRATIVE FINES. AN ORDINANCE AMENDING SECTION 2.26.12 ENTITLED "GREEN TASK FORCE,- IN ORDER TO MODIFY THE MEMBERSHIP AND CHAIRPERSON SELECTION PROCESS. AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -15 "DEMOLITION REQUIREMENT STANDARDS.' A RESOLUTION APPROVING THE PROPOSED "AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI -DADE COUNTY" AND AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY THE SUBJECT INTERLOCALAGREEMENT AS REQUIRED BY STATE STATUTE 163,3177, AN ORDINANCE AMENDING THE SOUTH MIAMI COMPREHENSIVE PLAN TO INCLUDE A NEW EDUCATIONAL FACILITIES ELEMENT; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT AND CAPITAL IMPROVEMENT ELEMENT, AUTHORIZING TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITYAFF.AIRS FOR REVIEW. If you have any inquiries on the above items please contact the Planning Departrrient's office at: 305 -663 -6326. ALL interested pari€es are invited to attend and will be heard. r0aflca N1 i13ananday, UFATj Pursuant to Florida Statutes 286,0105, the City hereby advises the public that if a person decidss to appeal any d°cision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she avill need a record of tha proceedings, and that for Such purpose, affected person may need to ensure that a verbatim record ct the proceedfngs is made -which record WhAds the tes- timor<y and evidence upon which the appeal is to be based. n