Ord. No. 06-89-1419O.RDINANCE NO.6-89-1419
AN ORDINANCE OP THE MAYOR AND COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA AMENDING CHAPTER ELEVEN OF THE
CITY'S CODE OF ORDINANCES REGARDING GARBAGE COLLECTION
FEES;AMENDING SECTIONS 11-2 AND 11-3 OF CHAPTER ELEVEN
BY PROVIDING FOR FEES AND REGULATIONS REGARDING
COMMERCIAL COLLECTION SERVICES;AMENDING SECTION 11-9 BY
INCREASINGFEESFORCITYCOMMERCIAL COLLECTION SERVICES;
AMENDING SECTION 11-10 BY DELETING DISCRETIONARY SHARING
OF CONTAINERS ANDBY PROVIDING FOR MONTHLY BILLINGS;
PROVIDING A SEVERABILITY CLAUSE;PROVIDING AN EFFECTIVE
DATE.
WHEREAS,the City of South Miami both maintains a Public Works
Department and oversees private collection services in regard to
refuseandgarbage collection intheCity;and
WHEREAS,the administration has recommended amendments to
Chapter Eleven of the Code of Ordinances in order to provide for
improved services and collection,and for proper fees being paid
tothe City forthe services provided.
NOW,THEREFORE BEIT ORDAINED BYTHE MAYOR ANDCITY COMMISSION
OFTHE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Section 11-2 of Chapter Eleven of the Code
of Ordinances is hereby amended asfollows:
Sec.11-2.Collection bythe City.
All garbage,trash and refuse accumulated within the City
limits shall be collected,conveyed,and disposed of by
and through the department of public works of the City
or a private licensed refuse collection firm.No person,
firm or corporation shall,for a fee,collect and dispose
of or transport over the city streets any garbage,trash
orrefuse ^-^otrtr-rii^str-olrba-tnd-iTO^
fefce—e-irtey—tiwma-ger except as provided bv Section 11-3
below.™"
Section 2.Section 11-3 of Chapter Eleven of the Code of
Ordinances is hereby amended asfollows:
Sec.11-3.Permit required for collection,transport and
disposal,regulationofpermittees.
AJ_No person,firm or corporation shall,for a fee,collect,
transport or dispose of garbage or refuse within the City
limits who does not possess a written permit.The permit
shall be issued by the City Manager only after
determination that the licensee is capable of complying
with the requirements of this Chapter and with all other
governinglawsand ordinances,andissubjectto
suspensionorrevocationintheeventsuchregulations
andlawsarenotcomplied with.TheCitvshall receive
apermitfeeof$3.000for anv permitissuedbvtheCitv
Manager,payable onOctober1stofeach year,with said
permitexpiringSeptember30ofeach vear unless sooner
terminatedorvoluntarilysurrenderedby permittee.The
permitrequiredbvthissectionshallbeinadditionto
any occupational license which may be required bvlaw.
Renewals shall be at the fee in existance at the time of
renewal.""
B)Applications for a permit shall be made to the department
of public works upon such form and in such manner as
shall be prescribed bv the director,said form to elicit
the following information and to be accompanied bv
supporting documents and such other information as may
be required by the department from time to time:
(i)Name of applicant.If the applicant isa
partnership or corporation,the namefs)and business
address(es)of the principal officers and
stockholders and other persons having any financial
or controlling interest in the partnership or
corporation.Provided,however,that if the
corporation is a publicly owned corporation having
more than twenty-five (25)shareholders,then only
the names and business addresses of the local
managing officers shall be required.
(ii)Character of applicant.The applicant for a permit
under this section,if an individual,or in the case
of a firm,corporation,partnership,association or
organization,and any person having any controlling
or managerial interest herein,shall be of good
moral character.Penal histories and fingerprints
shall be required with all applications.
(iii)Business history.Whether such applicant has
operated a solid waste collection-removal business
in this or another state under a franchise,permit
or license and if so,where and whether such
franchise,permit or license has ever been revoked
or suspended and the reasons therefor.
(iv)Existence of business entity.If applicant is a
corporation,applicant shall submit proof of
incorporation in good standing in the state of
incorporation and,if a foreign corporation,
applicant shall provide information certifying that
applicant is gualified to do business in the State
of Florida.If applicant is other than a
corporation and is operating under a fictitious
name,applicant shall be reguired to submit
information that such fictitious name is registered
and held bv applicant.
(v)Equipment and method of operation.The applicant
for a permit shall possess equipment capable of
providing safe and efficient services.In making
such a determination and approving the method of
operation for each applicant,the department shall
require the following information:
ajL The type,number and complete description of
all eguipment to be used bv the applicant for
providing service pursuant to this chapter.
b_L A statement that applicant will use only
approved disposal sites for disposing of all
garbage,garden trash,industrial waste,and
solid waste material which applicant collects
and removes.Applicant shall comply with all
applicable State requirements regarding
recycling of waste and garbage.
cj_The names of customers,the addresses of each
location served,and schedule of rates of the
company.
(vi)Insurance requirements.The applicant for a permit
shall maintain insurance as specified herein and
shall furnish a public liability policy to the
department and also file with the department a
certificate of insurance for all policies written
in the applicant's name.The applicant shall carry
in his own name a policy covering his operations in
an amount not less than three hundred thousand
dollars ($300,000.00)per occurrence for bodily
injury and fifty thousand dollars ($50,000.00)per
occurrence for property damage liability regarding
comprehensive general liability.The applicant
shall carry inhisown name a policy covering his
operations inan amount not less than one hundred
thousand dollars ($100,000.00)per person,three
hundred thousand dollars ($300.000.00)per
occurrence,for bodily injury and fifty thousand
dollars ($50,000.00)per occurrence for property
damage liability regarding automobile liability
insurance.
(vii)The completed application shallbe submitted tothe
department.Upon receipt ofa completed
application.the director ora designated
representative shall review said application and.
if satisfactory inall respects,and after payment
of reguired fees,the City Manager shallissuethe
permit.
£1 Should theCitv Manager denyan application for a
permit,heshall notify the applicant ofsuchdenial
by certified mailnot later than fourteen (14)davs
after taking suchaction.Should theCitv Manager
issuea permit,thepermitforthecollectionof
solidwaste issued undertheprovisionsofthis
chaptermaybenotassignedortransferred.Inthe
event ofanychangein ownership and/or nameofthe
corporation or partnership.formal notification
shall be given theCitvwithinthirty (30)davs
thereof.
Section 3.That Section 11-9 of Chapter Eleven of the Code
ofOrdinancesisherebyamendedas follows:
Sec.11-9.Refusecollectionfeeschedule.
(b)Commercial garbage andcommercial 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
asset forth hereinforthenumberof containers
and frequency of collection.
Class
No.
Collections
Per Week
Annual
Fee
Semi-
Annual
Fee
Monthly
Fee
6
7
8
2
5
6
-2-&0T-03-
-44-5-T-00-
£-4-8-.-G#
20-2--5^
$11.82
30.42
Additional for each cont<liner above minimum
Semi-Monthly
Annual Fee
Class
No.
Annual
Fee
6
7
8
$4-54-r8«
•3O9-r60
$~77t4«
4-t6-r4«
1"54t8«
$18.82
18.82
(2)Thefeesfor 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:
Monthly Rate
Privately
Class Collections City Owne d Monthly Owned
No.Per Week Bins Fee Bins
9 2 $-G0-:-±4-$87.75 $-S2--94-
10 3 -S8--94-129.77 -84-.-T4-
11 5 1"03~:34 150.78 -96-:-7*
-±-2--6-t23--*4-hi5-.-94-
(b)Two cubic yard capacity;
$--8^-5-4
-3r4^-.-3-4
-r'M-.-T-*
$121.88
179.66
216.43
tl4^-14-
t4i-.-r4-
r64-.-54-
13 2
14 3
15 5
-re-S
Section 4.Section 11-10 of chapter Eleven of the Code of
Ordinances is hereby amended as follows:
Sec.11-10.Billing;payment;due dates
a)Billing for service:In all cases the bill for
refuse services shallbethe joint and several liability
ofand charged toandpaidbythe owner,tenant,users
or and occupant of the property for which the service is
rendered.Several uocro onone premiaeo may combine its
refuse pickup intooneormore common containero oupplied
by the—City and/or the—owner of—the premiaeo.W*e—§ee
-£e-a?—ouch—combined usero may—be—jointly charged—fee—fcfre
uoers—&€—may be—jointly—charged to—fefre—uaera—&€—such
containero—and/or—the—owner—e-f—the—premiaeo—ert—the
diocretion—of the City Manager.
users or and occupants shall give
(30)davs prior to moving.
All owners,tenants,
the Citv notice thirty
and shall have the
responsibility of terminating any account with the Citv.
b)Payment of fees.The fees prescribed in section 11-
9 are due and payable in advance semiannually on October
•1—and April—1 atthe oemiannual—rate on the 1st day of
each month.Such fee shall become delinquent if not
fully paid on or before due date ten davs 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 beno exemptions
for the payment of fees,except that establishments
employing and using the services ofa private refuse
collector holding a valid permit shall not be liable for
the payment of waste feesas would otherwise be required
hereunder so long as such employment and use continues.
No vacancy allowances will be permitted.
.">
Section 5.That if any word,section or portion of this
ordinance is held invalid by a court of competent jurisdiction,
such invalidity shall not effect the remaining words,sections or
portions of this ordinance.
Section 6.Sections one and two above shall become
effective October 1st,1989.All others sections and provisions
shall become effective March 31st,1989.
PASSED AND ADOPTED this .21st day of March ,1989.
APPROVED:
MAYOR
ATTEST:
pfo^OAu WfoMlUlA
READ AND APPROVED ASTO FORM
1 £
CITY ATTORNEY
Adopted on First Reading:
Adopted on Second Reading:
Additions shown by underlining
Deletion shown by
sm.amsecti.ord
PASSED AND ADOPTED
DATE CORRECTED 6/12/95
Due to scrivener's error