Ord. No. 36-01-1767ORDINANCE NO.36-01-1767
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA RELATING TO SOLID WASTE;AMENDING SECTION
11-2;11-4;AND 11-10 OF THE CODE OF ORDINANCES ENTITLED "REFUSE
COLLECTION FEE SCHEDULE;PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE.
WHEREAS,theCity of SouthMiamiboth maintains aPublicWorks Department and oversees
privatecollectionservicesinregardtorefuseandgarbagecollectionintheCity;and
WHEREAS,the administration recommends an amendment to Sections 11-2,11-4 and 11-10 of
ChapterEleven of theCode of OrdinancestoprovideforproperfeesbeingpaidtotheCityforservices
provided.
NOW,THEREFORE,BEIT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section1.ThatChapterEleven of theCodeofOrdinancesisherebyamendedasfollows:
Sec.11-2.Franchise Required.
Itshallbeunlawfulforanyprivateperson,firmorcorporationtoengageinthebusiness of
collecting garbage orsolidwaste within the city,without avalid franchise from the city.A franchise is
required forall companies collecting the categories of waste defined in Sec.11-4.specifically including
but not limited to:Construction and Demolition Debris.Biomedical and Biohazardous Waste.Biological
Waste.CommercialSolidWaste.Garbage.HazardousWaste.IndustrialWaste.InfectiousWaste.Loose
Refuse.Refuse.SolidWasteandSpecialWasteCompanieswhosesolebusinessisrecyclingarenot
included.Itshallbe unlawful foran owner orlessee of any commercial property located within thecity
tocontractwithapersontocollectgarbageorsolidwasteinthecityunlessthepersonpossessesacurrent,
valid franchise from the city.
Sec.11-4 Definitions
Biomedical/Biohazardous waste shallmeananysolidwasteorliquidwastewhichmay present a
threat of infection tohumans.Thetermincludesbutisnotlimitedto,non-liquid human tissue andbody
parts;laboratoryandveterinarywastewhichcontainshumandiseasecausingagents;useddisposable
sharps,humanblood,andhumanbloodproductsandbodyfluids;andothermaterialswhichinthe
opinionofthedepartmentofhealthand rehabilitation servicesrepresentasignificantriskofinfectionsto
personsoutsidethegeneratingfacility.
Commercial Solid Waste shallmeaneverywaste accumulation,including butnot limited to.dust,
paper,paper cartons,cardboard cartons,excelsior,rags,garbage,plastics,metalcontainers,bulkywaste
andotherwastewhichisusually attendant totheoperations of commercial businesses or multifamilv
residences.
Constructionand Demolition Debris shallmeanand include all waste requiring collection and
disposal,includingbutnotlimitedtomaterialswhicharerecyclable,fromany construction orrenovation
site located within the City.
Additions shownbyunderlininganddeletionsshownbyovorstriking.
Permit Per Account Fee shall mean the annual charge assessed by the city to nonexclusive
franchises foreach account withwhomthey contract forthe provision of services.
Temporary Roll-Off/Container Fee shallmeantheonetimecharge paid,per account,totheCity
foreachlarge container and/or roll-off utilizedby franchisees to provide contracted removaland disposal
of waste from commercial construction and demolition,renovation and other similar accounts.
Special Waste shallmeansolidwastesthatcanrequirespecialhandlingandmanagement,
includingbutnotlimitedto,radioactivematerials,asbestos,wholetires,usedtires,usedoil,leadacid
batteries,mercury lightsand biological wastes.
Sec.11-10 Fees;Reporting Requirements
(a)Franchise Fee
(1)InordertocompensatetheCityfortheuseofitsstreets,alleys,roadwaysandotherproperty,
andfor wear and tear,each franchisee shallpaytheCityan annual fee of $5,000.In addition
thefranchiseeshallpaytotheCity,afranchise off 4-5%20%of the franchisees'gross
receipts from accounts withintheCityservicedby franchisee.
(b)Reporting Requirements;FeeFor Underpayment
(3)IfanyauditorexaminationdisclosesanunderpaymenttotheCitygreaterthan 45%20%of a
required payment,in addition to payment of the underpayment,the franchisee shallpayforthe
expenses of the audit andapenaltyequaltothreetimesthe underpayment.
(e)Permit per Account Fee
(1)Franchisee agrees toremittothe city aPermitper Account Fee of $50.00 foreach account
contracted with of whichnomorethen$25.oomaybe passed ontothe commercial business.
(f)Roll-Off/Container Permit Fee
(1)Franchisee agrees toremittoCitya Roll-Off/Container Permit Feeinthe amount of $50.00.
per account,for temporary (not to exceed 90 days)roll-off containers)utilized by franchisee in
the course of its provision of construction,renovation and demolition material collection and
disposal.
Section2.Ifanysection,clause,sentence,orphrase of thisordinanceisforanyreasonheld
invalid or unconstitutional byacourtofcompetentjurisdiction,theholdingshallnotaffectthevalidityof
the remaining portions of this ordinance.
Section3.Allordinancesorparts of ordinancesinconflictwiththeprovisions of this
ordinance are repealed.
Additionsshownby underlining and deletions shownby ovorstriking.
Page 3 of Ord.No.36-01-1767
Section 4.This ordinance shalltakeeffect immediately upon approved.
ATTEST:
PASSEDANDADOPTEDthis J_§day of December
APPROVED:
.2001.
nu^4uXJp^
CITY CLERK
lsl Reading-12/4/01
2nd Reading-12/18/01
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
COMMISSION VOTE:5-0
Mayor Robaina:Yea
Vice Mayor Feliu:Yea
Commissioner Wiscombe:Yea
Commissioner Bethel:Yea
Commissioner Russell:Yea
Additions shownby underlining and deletions shownby overstriking.
r
CITY OF SOUTH MIAMI
INTER -OFFICE MEMORANDUM
TO:Mayor and Commission
FROM:Charles D.Scurr
City Manager
DATE:December 14,2001
RE:Agenda Item #
APPROVAL TO AMEND ORDINANCE
"COMMERCIAL WASTE
COLLECTION -FRANCHISE"
19
The attached ordinance seeks approval toamendthe existing "commercial waste collection fee
schedule".
BACKGROUND
The administration recommends amendment tothe existing ordinance (13-98-1661),sections 11-
2,11-4 and 11-10 of ChapterEleven of theCode of Ordinancestoamendandprovideproper
feesand reporting requirements totheCity.
In order to compensate thecityproperly,additional new services havebeen identified and
recommended,withthe appropriate charges,andincreasethe franchise feetoan adequate level.
RECOMMENDATION
The proposed changes are necessary to include other services and franchise fee revenues which
areincludedaspart of this year's fiscalbudget.Thereforeapproval of the attached ordinance is
recommended.
Attachments
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
Legal Holidays
Miami.Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
SOOKIE WILLIAMS,who on oath says that she is the
VICE PRESIDENT,Legal Notices of the MiamiDaily Business
Review f/k/a Miami Review,adaily (except Saturday,Sunday
and Legal Holidays)newspaper,published atMiamiin Miami-Dade
County,Florida;that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -PUBLIC HEARING 12/18/01
ORD,RELATING TO SOLID WASTE,ETC.
in the XXXX Court,
was published in said newspaper in the issues of
12'07/2001
Affiant further says that the said MiamiDaily Business
Review isa newspaper published atMiamiin said Miami-Dade
County,Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida,each day (except Saturday,Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
officeinMiamiin said Miami-Dade County,Florida,fora
period of one year next preceding thefirst publication of the
attach :opy of advertisement;and affiant further says that she
jr paid nor promised any person,firm or corporation
jnt,rebate,commission or refund for the purpose
frig this advertisement forpublicationinthesaid
iper.
(SEAL)
SOOKIE WILLIAMS per^or>alty;.lp'6wn'tQ'nie;toryPialic 'Jnden^tefs
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE ISHEREBY giventhatthe City Commission ofthe City of
South Miami,Florida will conductaPublic Hearing duringitsregular City
Commission meeting TUESDAY,DECEMBER 18,2001 beginning at
7:30 P.M.,inthe City Commission Chambers,6130Sunset Drive,to
consider thefollowing described ordinance(s):
ANORDINANCEOFTHEMAYORANDCITYCOMMISSION
OFTHE CITY OFSOUTH MIAMI,FLORIDA.RELATING TO
SOLIDWASTE;AMENDINGSECTION 11-2;11-4;AND 11-10
OFTHECODEOFORDINANCES ENTITLED "REFUSE COL
LECTIONFEESCHEDULE";PROVIDING FORSEVERABILI
TY,ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE
SaidordinancescanbeinspectedintheCityClerk'sOffice,Monday-
Fridayduringregularofficehours.
Inquiries concerning these items should be directed tothe City Manag
er's office at:663-6338.
ALL interestedpartiesare inv't&d toattendand will beheard.
Ronetta Taylor.CMC
CityClerk
Cityof South Miami
Pursuant toFlorida Statutes 286.0105.theCity hereby advises thepub
licthatifapersondecidestoappealany decision madebythis Board.
Agency orCommission with respect to any matter considered at its meet
ing orhearing,heorshe will need a record of the proceedings,and that for
such purpose,affected person may needtoensure that a verbatim record
ofthe proceedings ismade which record includes the testimony and evi
denceuponwhichthe aooea!istobe cased.
12-7 01-3-56/219337M