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Ord. No. 13-98-1661ORDINANCE NO. 13 -98 -1661 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE; AMENDING AND RENUMBERING SECTION 11 -2, COLLECTION BY THE CITY; PROVIDING FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION; PROVIDING DEFINITIONS AND FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; RESERVING TO THE CITY THE POWER TO REVOKE FRANCHISES; PROVIDING FOR NON - TRANSFEREBALITY OF FRANCHISE, LIMITATION OF CONTRACT, APPLICATION PROCEDURE, FEES, REPORTING REQUIREMENTS, INSURANCE, SERVICE STANDARDS, CITY MANAGER TO PROMULGATE REGULATIONS, SCHEDULES AND ROUTES, TERMINATION, ENFORCEMENT AND ADMINISTRATIVE FINES, AND MUNICIPAL COLLECTION SERVICE; REPEALING SECTION 11 -1, DEFINITIONS, AND SECTION 11 -3, PERMIT REQUIRED FOR COLLECTION, TRANSPORT AND DISPOSAL; RENUMBERING SECTIONS 11 -2 AND 11 -4 THROUGH 11 -11; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, Chapter 11 of the City of South Miami Code of Ordinances provides that all garbage, trash and refuse accumulated within the city shall be collected, conveyed and disposed by the Public Works Department or a private licensed refuse collection firm; and, r WHEREAS, the Mayor and City Commission deem it to be in the public interest to continue providing residential collection of municipal solid waste by the Public Works Department, to discontinue providing commercial solid waste collection and to provide for the issuance of non - exclusive franchises to qualified commercial solid waste haulers. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 11 -2 is amended and renumbered as Section 11 -1 to read: Sec. 11 -1. Collection of garbage and solid waste -by in the City. Page 1 of 19 Underscored words constitute the amendment proposed. 9uorstRzA words are deleted. Remaining provisions are now in effect and remain unchanged. All garbage, #ash and refuse and solid waste accumulated within the City limits shall be collected, conveyed, and disposed of by and through the Public Works Departinent of the City or a private lioai;ged 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, trasb and refuse and solid waste except as provided in goat 1 ]deco this chapter. Section 2. Section 11 -2 is created to read: Sec. 11 -2. Franchise Required. It shall be unlawful for any private person, firm or corporation to engage in the business of collecting garbage or solid waste within the City, without a valid franchise from the City. 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. Section 3. Section 11-3 is created to read: Sec. 11 -3. City Commission Authorized To Grant Franchise. (a) The City Commission 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 upon, over, and across the present and future streets alleys easements and other public places 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. (b) The franchisees shall be granted by Ordinance and only 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 three years, and shall be renewable thereafter, for successive periods of one year upon Page 2 of 19 Underscored words constitute the amendment proposed. 9-oRtnsk words are deleted. Remaining provisions are now in effect and remain unchanged. application of the franchisee and approval of the application by the City Commission. Section 4. Section 11 -4 is created to read: See. 11 -4. Definitions. 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 Rehabilitative Services represent a significant risk of infection 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 anv business establishment of nature or kind whatsoever other than a residential unit. Director shall means the Director of Public Works. 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 than ten gallons and not to exceed thirty gallons 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. Page 3 of 19 Underscored words constitute the amendment proposed. Q -@;siF ,G words are deleted. Remaining provisions are now in effect and remain unchanged. Gross Receipt shall mean the entire amount of fees collected by a franchisee, exclusive of state sales taxes provided by law from any person within the City for garbage, hazardous, industrial, biomedical, biological, or solid waste; 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), Iand clearing any commercial shrubbery or tree cutting, 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. 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 Page 4 of 19 Underscored words constitute the amendment proposed. sw,Q words are deleted. Remaining provisions are now in effect and remain unchanged. will execute the work in accordance with the terms of this chapter and will pay all lawful claims. 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. 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. Solid Waste shall mean refuse, yard trash, clean debris, white goods, special waste, refuse, or other discarded material. Special Waste shall mean solid wastes that can require special handling and management including, but not limited to, asbestos, whole tires, used tires, used oil lead -acid batteries, mercury lights and biological wastes. Section 5. Section 11 -5 is created to read: 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 Section 6. Section 11 -6 is created to read: Sec. 11 -6. City's Power To Revoke Franchise, Amend Regulations. (a) The City reserves unto itself the power to revoke 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 Page 5 of 19 Underscored words constitute the amendment proposed. AuGi;siPjsk words are deleted. Remaining provisions are now in effect and remain unchanged. 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 Commission, and shall not be estopped to do so, notwithstanding the grant of any franchise or franchises to any person. Section 7. Section 11 -7 is created to read: Sec. 11 -7. Non - Transferability. Franchises shall be non - transferable. Any attempt to transfer legal, equitable or beneficial interests in any franchise shall render it void. Section 8. Section 11 -8 is created to read: Sec. 11 -8. Limitation of Contract. No contract for the collection of garbage or trash within the City shall be for a term in excess of three years, or contain any provision for the automatic renewal of the contract. Section 9. Section 11 -9 is created to read: Sec. 11 -9. Application Procedure. 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 shall at minimum include the following information. (a) The applicant's name, address, and telephone number. In the case of an applicant having more than one office within Dade 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 Dade County which are supervisory to the office serving the City. (b) Evidence of insurance meeting the minimum requirements set forth in this chapter. Page 6 of 19 Underscored words constitute the amendment proposed. G- Grsw1a words are deleted. Remaining provisions are now in effect and remain unchanged. (c) A complete list of the vehicles 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. (d) Evidence that proposed franchisee has obtained all required county, state and federal licenses or permits required to engage in the business of garbage or solid waste collection. (e) Evidence that the proposed franchisee has made arrangements to dispose all garbage and solid waste collected by it outside the City limits, in a facility designed and licensed for the disposal of garbage and solid waste and which meets all requirements of law. (f) The name, address, business telephone and home telephone of one or more responsible managerial employees who may be contacted by the appropriate City officials in the event of an emergency. (g) If the applicant is other than a natural person, sufficient information to identify the shareholders, partners or other persons holding any legal or beneficial interest in the applicant in the excess of ten percent (10 %). (h) A performance bond in the amount of $100,000, with good and sufficient sureties conditioned upon the compliance of the terms of this Chapter and such form as the City Attorney may require. Section 10. Section 11 -10 is created to read: Sec. 11 -10. Fees; Reporting Requirements. (a) Franchise Fee. (1) In order to compensate the City for the use of its streets, alleys, roadways and other property, and for wear and tear, each franchisee shall pay the City an annual fee of $5,000. In addition the franchisee shall pay to the City, a franchise fee of 15% of the franchisees' gross receipts from accounts within the City serviced by franchisee. (2) This fee shall be in addition to any occupational license taxes levied by the City upon the franchisee's business activities. Page 7 of 19 Underscored words constitute the amendment proposed. 9uea4tgiPk words are deleted. Remaining provisions are now in effect and remain unchanged. (b) Reporting Requirements; Fee For Underpayment. (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 fees 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 30 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 gross receipts within the City for the preceding fiscal year. The pennittees will allow City auditors, during regular business hours after reasonable notice, to audit, inspect, an d examine the pennittees' fiscal books and records and tax returns, insofar as they relate to City accounts, to confirm the permittees' compliance with this section. In the event the pennittee fails to pay the full franchise fee percentage of the permittee's total monthly gross receipts, the fee shall bear interest at the rate of one percent per month on the outstanding balance until paid and additionally the pennittee shall have to pay all expenses of collection, including court costs and reasonable attorneys fees. (2) Each franchisee, by accepting the franchise, shall agree to make its books and records available to the City Manger, or the City Manager's designated representative for inspection or audit during normal business hours upon receipt of 48 -hours written notice. (3) If any audit or examination discloses an underpayment to the City greater than 15% 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 times the underpayment. (c) Information Required of Permittees. (1) At least annually, but not more frequently than quarterly, as determined by the director, each permittee shall supply the following information on a form and in the manner prescribed by the director: Page 8 of 19 Underscored words constitute the amendment proposed. Q-Q; t$ Zi614 words are deleted. Remaining provisions are now in effect and remain unchanged. (2) 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 pennittee. (d) Vehicle Registration Fees. Each and every pennittee 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. Section 11. Section I 1 -11 is created to read: Sec. 11 -11. Insurance. (a) Each franchisee shall maintain not less than the following insurance: Comprehensive General Liability, $3,000,000 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 in the event of the cancellation 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 of South Miami, its officers, agents and employees from all claims for bodily injuries to the public in and up to the amount of $3,000,000-00 for each occurrence and for all damages to Page 9 of 19 Underscored words constitute the amendment proposed. 9uo;stPw words are deleted. Remaining provisions are now in effect and remain unchanged. 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. (e) 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. Section 12. Section 11 -12 is created to read: Sec. 11 -12. Service Standards. All garbage and solid waste collection service provided within the City shall meet the following minimum requirements: (a) 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 shall be presumed that the franchisee did not obtain such approval. (b) 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. 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 Page 10 of 19 Underscored words constitute the amendment proposed. 9uarstRw words are deleted. Remaining provisions are now in effect and remain unchanged. be responsible for the maintenance of all garbage or trash containers or dumpsters in a clean sanitary manner. All equipment shall be kept in good repair, 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. (d) 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. (e) All containers used for the purpose of storing garbage shall be emptied not less often than two times 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. (f) 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. (g) 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. (h) 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. (i) 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 Page 11 of 19 Underscored words constitute the amendment proposed. Q-g;g FHGJ words are deleted. Remaining provisions are now in effect and remain unchanged. diameter with nwnbers 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 a close proximity to Miami -Dade County where telephone complaints shall be received, recorded and handled during normal working hours of each week and shall provided for prompt handling of emergency complaint along with the special emergency complaints or calls. (j) Each vehicle operator shall, at all times, carry a valid driver's license for the type of vehicle that is being driven. (k) 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. Care shall be taken to prevent damage to property including, but not limited to, garbage cans, carts, racks, trees, shrubs, flowers and other plants. (1) Franchisee shall notify all customers in writing about complaint procedures, rates and regulations. A copy of the procedures and any amenchnents or updates shall be provided to the City of South Miami. (m)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 . Section 13. Section 11 -13 is created to read: Sec. 11 -13. City Manager to Promulgate Regulations. (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 residence of the City. Page 12 of 19 Underscored words constitute the amendment proposed. 9u€rs4t;3A words are deleted. Remaining provisions are now in effect and remain unchanged. (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. Section 14. Section 11 -14 is created to read: 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 parry 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. Page 13 of 19 Underscored words constitute the amendment proposed. Q;w;stqiGk words are deleted. Remaining provisions are now in effect and remain unchanged. Section 15. Section 11 -15 is created to read: See. 11-15. Termination. (a) In addition to its other powers pertaining to any franchise, the City reserves the power to terminate 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. (b) Prior to making a finding of a violation of this Chapter, the Director shall notify the franchisee in writing of the deficiency and provide the franchisee an opportunity to dispute the Director's findings. The Director shall provide the franchisee an opportunity for an informal hearing, if reauest& within five days of receipt of the deficiency findings. (c) Non - payment of the franchisee of fees or failure to file the required report shall be grounds for termination, after ten days written notice, without hearing. (d) Any decision of the Director under this section, with the exception of paragraph (c), may be reviewed upon written request by the aggrieved franchisee to the City Manager. Notice of Appeal should be filed in writing with the Director no more than ten days after receipt of written advice that the franchisee is terminated. (e) The City Manager shall set the date and time for hearing the appeal. The hearing shall be held not less than fourteen or more than sixty days after receipt of the notice of appeal. The City Manager or his designee shall either affirm the decision of the Director or direct the Director to issue or reinstate the franchise, with or without conditions. Section 16. Section 11 -16 is created to read: Sec. 11 -16. Enforcement and administrative fines. (a) 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 by the City Manager shall notify the alleged violator in Page 14 of 19 Underscored words constitute the amendment proposed. Q-a;Rt wk words are deleted. Remaining provisions are now in effect and remain unchanged. 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 City Manager shall issue to the alleged violator a notice of intent to impose an administrative fine. The alleged violator may request a hearing with the City Manager. All hearing requests must be made in writing. (2) Upon receipt of request for a hearing the City Manager shall schedule a hearing for not less than ten days from, but within 20 days of, the date of the request. The City Manager shall notify the person in writing, at least five days in advance of the date, thne and place of the hearing on the notice of violation. If a hearing is not requested the City Manager may impose an administrative fine in accordance with the fine schedule contained in this chapter. (3) The proceeding shall be as informal as is compatible with the essential requirements of the law. At the hearing, the alleged violator shall be given the opportunity to be represented by an attorney, to make a record of the hearing by the use of a court reporter, to call witnesses, to present documentary evidence, and to cross examine witnesses. The admission of evidence shall be determined by the City Manager. Strict rules of evidence, as in courts of law, shall not apply. Evidence admitted by the City Manager shall be consistent with generally accepted legal principles governing the admission of evidence in administrative proceedings. (4) Within ten days of the close of the hearing, the City Manager shall render a decision in writing, determining whether or not a violation has occurred and whether an administrative fine shall be imposed. The decision must be based on substantial competent evidence in the record. (5) Upon rendering a decision, the City Manager shall file the decision with the City Clerk and shall cause a true and correct copy of the order to be sent by registered mail, return receipt requested, to the last known address of the violator. (6) A final decision of the City Manager may be appealed within 30 days to the Circuit Court of the Eleventh Judicial Circuit of Florida in accordance with the Florida Rules of Appellate Procedure. Payment of the administrative fine is a condition precedent to initiating appellate proceedings and the court shall not have jurisdiction to consider the appeal unless the fine is paid within the time provided in subsection (b) of this section. Page 15 of 19 Underscored words constitute the amendment proposed. 9voista,sla words are deleted. Remaining provisions are now in effect and remain unchanged. (b) Administrative fines shall be imposed in accordance with the following schedule: 1. Obstructing the code enforcement officer from performing its duties. $500.00 2. The placement of containers, garbage, trash, bulky and/or industrial waste on public rights -of -way. $75.00 3. Dumpster(s) not kept in approved garbage facility. $150.00 4. Failure of commercial establishment to have in effect an agreement with a franchised waste hauler for the collection and removal of solid waste /garbage from the premises. $250.00 5. Failure to screen container. $50.00 6. Failure to remove raw or pt service establishment. $75.00 waste matter from food 7. Failure to maintain property, sidewalk, alley, and/or public right -of- way. $50.00 8. Commercial container violation. 9. Insufficient number of approved garbage receptacles. $50.00 10. Uncontainerized garbage or miscellaneous trash in receptacle area. 11 11. Unauthorized disposal of garbage or trash or other waste materials consisting of industrial and bulky waste or other waste material. $500.00 12. Disposal of trash or other waste materials placed in right -of -way at other than authorized time. $75.00 13. Illegal dumping from a nomnotorized vehicle or unknown entity (i.e., dolly, wagon, or wheelbarrow). $75.00 Page 16 of 19 Underscored words constitute the amendment proposed. 9uerstaiek words are deleted. Remaining provisions are now in effect and remain unchanged. 14. Failure of a refuse collection firm to obtain or maintain a franchise while providing waste collection services. $500.00 15. Illegal dumping from an automobile. $75.00 16. Illegal dumping from a noncommercial vehicle. $250.00 17. Illegal dumping from any commercial vehicle. $500.00 18. Garbage deposited at minidump site for bulky waste. $150.00 19. Use of neighborhood bulky waste transfer station by commercial establishment. $500.00 20. Impeding, salvaging, and vandalism of bulky waste minidump site $250.00 21. Trash not containerized or bundled. 22. Unauthorized bulky waste on right -of -way. $75.00 23. Garbage not containerized. $75.00 24. Litter on premises. $50.00 25. Sunken containers. $100.00 26. All other violations. $75.00 (c) Fines are due and payable by the violator within ten days of receipt of the decision of the City Manager. 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. (d) 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 the 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. Page 17 of 19 Underscored words constitute the amendment proposed. Av ck words are deleted. Remaining provisions are now in effect and remain unchanged. Section 17. Section 11 -17 is created to read: Section 11 -17. 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: Location Service Container Type Quantity Frequency of Service Public Works 2 cubic vds. 2 3 Hall 2 cubic vds. 1 5 C.A.A. 2 cubic yds. 1 5 Palmer Park 2 cubic vds. 2 5 Murray Park 2 cubic yds. 2 5 Section 18. Former section 11 -1, Definitions, and former section 11 -3, Permit required for collection, transport and disposal; regulation of permittees, are repealed. Section 21. Former sections 11 -4 through 11 -11 are renumbered to sections 11 -18 through 11 -25, respectively. Section 22. 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. Page 18 of 19 Underscored words constitute the amendment proposed. Gk words are deleted. Remaining provisions are now in effect and remain unchanged. Section 23. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 24. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 1st day of !Sept., 1998. ATTEST: 2nd Reading - September 1, 1998 READ AND APPROVED AS TO FORM: C CITY ATTORNEY APPROVED: MAYOR Page 19 of 19 COMMISSION VOTE: Mayor Robauna: Vice Mayor Oliveros: Commissioner Bethel: Commissioner Feliu: Commissioner Russell 5 -0 YEA YEA YEA YEA YEA Underscored words constitute the amendment proposed. 9ua;stPwk words are deleted. Remaining provisions are now in effect and remain unchanged. CITY OF SOUTH MIAMI INTEROFFICE MEMORANDUM To: Mayor and City Commission Charles Scurr, City ager From: Earl G. Gallop Date: August 27, 1998 14� Re: Revised solid waste ordinance This memorandum transmits the revised solid waste ordinance. Section 8 (creating Sec. 11 -8) was revised to provide that solid waste contracts between haulers and customers shall not be for a term of more than three years, rather than one year. Section 24 was revised to create a "grandfather" clause to protect existing contracts between haulers and customers for no more than one year, where the hauler is unable to qualify for a city franchise. Recommendation: Approval of the revised solid waste ordinance.