1970-686ORDINANCE NO. 10 -70 -686
' BE
IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF SOUZH'MIAMI, FLORIDA:
Section 1, That Chapter 11 of the Code of Ordinances,
City of South
Miami, Florida, be and is hereby amended to read,
as 'follows:
"SECTION 1. DEFINITIONS.
(A)
Domestic Garbacte Shall mean all putrESCible
solid "and semi =solid househol3 waste of animal
OY vegEtabl'e matter from the preparation, cook -
ng°and serving of 'food and'tin'cans, bottles,
newspapers and 'other paper products.
i (B)
Domes`t_ic Trashy Shall mean "refuge other than
_:
garbage, as °defined, and - the" "waste mate riaI's
f
:
f-om the -const "ruction or demolition of buil ' dings.
it shalil include'`paper and cardboard products,
newspapers, grass 'or hedge clippings, leaves,
r!
branches and vines; provided'tYiat such branches
and vines are not more than four feet long or
four inches in diameter.
(C)
Commercial Garbage: Shall mean all putrescible
solid and semi` =solid kitchen waste of- "animal - or
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vegetable matter from` 'hotels, apartment houses,
restaurant type establishments and other commercial
concerns.
(D)
'45. tit zSi cs- _. ±,
Commercial Trash Shall mean all waste from
s
commercial establishments, other`than'gartiage
as defined, which'' includes paper and car'dboa'rd
products, metal cans, bottles,, and and tree
trimmings and shall Also mean trees, tree stumps,
t
tree limbs or other material that may be
accumulated 'as a result of repairs to land or
removing °trees for buildings or as a result of
clearing of lots.
(E)
Commercial. and Domestic Bu 'ding Material': Shall
mean 'an' 'include sand, earth, wood, stone,
'
brick, concrete, construction blocks, roofing
material, cardboard and other material left
after a construction project or removing of
z`
buildings.
(F)
City Manager: Shall mean the chief executive
?
officer and head of the administrative branch
of the City or his duly authorized agent or
representative.
(G) Refuse: Shall mean the combination of garbage
and trash whether domeGtic or commercial.
SECTION 2. COLLECTION BY THE CITY.
_All. garbage, trash and refuse accumul" "aced
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 corpora-
tion shall, for a fee, collect and dispose of or
transport over the City streets any garbage, trash
or refuse without first obtaining a written permit -
from the City Manager.
No person, firm or corporation shall, for a'fee,
collect, transport or dispose of garbage or refi`se
within'`the City`limts 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 governing laws and ordinances.
SECTION 4. PREPAi2ATION OF REFUSE.
(A) Domestic garbage shall be drained and wrapped
-in a newspapEr, paper bag 'or plastic }ag`before
depositing in the ref °se conta'irier. Plastic,
metal or glass 'food conta'ine`rs shall be drained
of excess fluids and wrapped in the same manner
as or together with the garbage.
(B) Domestic trash shall `be placed in containers or
bundled and tied in lengths no longer than four
(4) feet and weigh no more than fifty (50)'pounds.
Glass, sharp 'Objects, chemicals and all similar
materials shall be well wrapped and marked to pre-
vent personal injury to the collector.
(C) Commercial garbage shall be drained and placed
in paper or plastic bags before `dEposi ing in
the refuse container. Plastic, metal or -glass
fobd containers shall be drained of excess
fluids and wrapped in the same manner as or
together with the garbage.
(D) Co "mmErcial 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.
SECTION 5. REFUSE CONTAINERS.
(A) Domestic Garbage Containers: Each residence
shall provide two containers of a capacity of not
more than thirty (30) gallons each. Such contain -
ers shall be constructed of galvanized metal or
plastic and shall have tight fitting lids and be
rodent proof. The bottoms of containers shall be
lined with paper or plastic liners of sufficient
strength and texture to prevent leakage and spil-
lage provided by the owner or tenant using such
container. No oil drums shall be allowed.
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(B) Domestic Trash Containers: Each residence
shall prove e wo containers as described
in paragraph (A) to be used for domestic
trash collection as herein described. No
resident shall have more than four (4) con-
tainers for garbage and trash collections.
— - -- -
(C) Commercial Refuse Con— tainers: Each commercial
tenant or establishment shall provide a mini-
mum of two thirty (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 4, paragraph '(C) of this
Chapter prior to depositing into containers.
The capacity and type of container used shall
be determined by the City Manager.
(D) Approval _of ConUiiners: All containers used
within the City limits shall comply with the
requirements of this Chapt'e'r ' bject to the
inspection °of the City Manager -. The owner
of cohtaine'rs determined to be unsafe or
unsanitary will be notified to dispose of or
rend safe or usanitar'y such containers.
Failure to comply will result in such con- ,
.s being collected, disposed b or
tamer,
returned safe or sanitary by the City and
Yom. the owner. The owner will be
char "ged a fee to cover all costs of labor
and materials required to correct any Viola-
tions. 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
feas ble. A fee will be charged for the use
of such container in accordance with Section 9
of these regulations.
SECTION 6. STORING OF REFUSE.
No owner, tenant or lessee shall permit' the
storing 'of refuse upon his premises except in
containers as herei►'approved -of sufficient
capacity to bold 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 street or alleys of
the City.
SECTION 7. EXTENT OF SERVICE AND POINTS OF COLLECTION.
(A) Domestic Garbage. Garbage containers are hereby
required to be placed at a point upon the premises of
the owner or tenant within 50 feet of the center line
of the street from where the 'garbage is collected or
any point that is no more than 10 feet behind the front
setback line of the residence or in the case of a corner
lot, nor more than 10 feet behind the side street setback
line of the residence. In either case, location of the
containers must be the closest distance to the street
from which the garbage is collected. Containers may be
concealed from view by a wall, fence or shrubbery, pro-
vided they are accessible for collection and not in
violation of the zoning ordinances of the City. Contain-
ers may be 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. contain-
ers in approved locations will be emptied at least twice
each week.
(B)
Domestic Trash: Domestic trash in containers
and bundled domestic trash shall be placed at
the curb for collection -on the same days as
for the collection of domestic garbage. In
no case shall the bundled trash weigh more
tha'n►. ounds or be longer._ than
four''O "feet in "length. The amount of
domestic trash shall not exceed the equiva-
lentIn volume, "of two (2) "th'irty gar'lon'"con
tainers "for each coPYect on. The-col )ection
procedure for domestic trash as described
a e to mergpncle
the conl ofStheaCt"
eyond t'r'o
circumstances beyond y•
In such'situations the collection of domestic
garbage shall be given priority.
(C)
Other`Domest'ic�tTraAi: Domestic trash that
cannot -'be coritaiiieri`zed or bundled "shal`t "be
neatly s �;,.c- - r' ;-
tacked or 'placed `at the curb in front
of the oWhdr! s property for special 'mechanized
�.. �.�
collection at the convenience of the City.
Domestic trash exceeding the fnaximuin allowable
volume may he picked up at extra `cost tothe
owner of the premises as set forth in Section 9
of this Chapter.
Commercial_Refuse: Commercial re f uselcontainers
shall be placed at a pdi t'designatedtby the
City Manager. Collection "'of commercial refuse
shall be as many times weekly as designated by
the Cat Y Manager. It shall be a violation of
this' ordinance "'`for any tenant or owner to
permit the'accumulation ' of refuse upon any
premises for a,period of longer than four (4)
days without h'a'ving arranged for diaposal -by
a qua.l "ified r.person licensed to per 'form 'such
service. The City may, at its convenience,
require _any commercial bus1n- ess or ifidustrial
establ`ishinEnt ' to,make private arrangements for
the collection an'd disposal of commercial refuse.
(E)
Refuse-Not tollected!'by the City: The City
will not under any `circumstances collectx''and
dispose of commercial and domestic bu'ildi`ng'
materials as defined, commercial trash as a
resul eases
p 1 or greases
t'r"of `lot clearin s ent " °oi
,
accumulated at,`;ga`rages,'filling stations or
similar establishment's,_ automotive tires and
other such items that may' 'cause damage to
collection equipment or personal injury to
the collectors.
SECTION 8. ENFORCEMENT.
(A)
Inepiebtibli s'bytNe"City: The City Manager
shall have the authority to enter, at all reason -
able times, upon private and public property
for the purpose of inspecting' °and investigating
conditions relating -to the enforcement of the
provisions of this ordinance.
SECTION'9. REFUSE COLLECTION FEE SCHEDULE.
(A)
Domestic Garbage and Domestic Trash: The fee
for the collection of refuse from residential
SE
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.
Annual Semi - Annual
Class No`s Description Fee Fee
1 Single family residence $ 40.00 $ 20.00
2 Garage Apartment or Guest
{
House per unit 50.00 25.00
3 Duplex (two- family residence)
per unit 50.00 25.00
4 Apartment (three or more
units): per unit 50.00 25.00
4 5 Special collecti6►. Other Minimum "per truckload
domestic trash $ 10.00
I
Minimum 'fee per pick -up
$ 5.00
(B) Commercial Garbage and Commercial Trash
1. The fees for the collection of refuse f'r'om
commercial •establ'ishmerits including apartments;.,.ho`tels
. -sue s � p -. it + ,_..
as described in this Cha ter shat garbage containers
and motels from a roved`domesti,ll be as set forth
herein for the number of containers and frequency of
collection.
A'ddi'tidnal for each
container aboye'minmum
[
Class Coll "ections Annual Semi - Annual Annual Semi•*Annual
No Per Week Fee Fee Fee Fee
i
6 2 $ 50.00 $ 25.00 $ 25.00 $ 12.50
7 5 100.00 50.00 50.00 25.00
8 6 150.00 75.00 75.00 37.00
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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`con-
tainers shall ''be as set forth herein for the
capacity and frequency of collection.
SECTION 10_._ BILLING; PAYMENT; DUE DATES.
.:fir ..s.s�. ' ..: � o.= �: ;-
(A) BILLING FOR�SERVICE. In all cases the bill for `refuse
service shall be the liability of and cha`rge'd to and
paid by the owner, tenant, user or occupant of the
property for which-"the service •is rendered. Several
users on'one premises may combine its refuse 'pick -up
into one _or more common containers supplied by the
City ana /or the owner of the premises. The fee for
such combined users may be jointly charged to the
users of such containers ' and /or the owner of the
premises at the discretion of the City Manager.
(B) PAYMENTJ1OF FEES. The fees prescribed in'`Sect n 9
are payable in" advance on October first of each
year at the annual ' rate or on October first aril
April first at the semi- annual rate. Such fees
shall become delinquent if not fully paid within
sixty (60) days after due date.
(C) DISCOUNT OF ANNUAL FEES. When annual fees are paid
on or before November thirtieth (36th) of the year
in which they become due, the fee shall be reduced
by an 'amount equal to ten percent (10 %) of the
total.
(D) FRACTIONAL BILLING. When services commence during
a calendar month, no charge will be made for periods
eleven (11) days or more.shallybe interpreted but
y preted to
mean one (1) month and shall be so charged. The
S:s
(a) One
Cubic Yard Capacity.
Collections
Monthly'Rate
Class No.
Per Week
City Owned
Buis Privately. Owned Bins
9
2
$ 20.`00
$ 16.00
10
3
23.00
19.00
11
5
29.00
25.00
12
6
32.00
28.00
(b) 'Two
Cubic Yard Capacity.
13
2
32.00
28.00
14
3
35.00
31.00
15
5
41.00
37.00
16
6
44.00
40.00
SECTION 10_._ BILLING; PAYMENT; DUE DATES.
.:fir ..s.s�. ' ..: � o.= �: ;-
(A) BILLING FOR�SERVICE. In all cases the bill for `refuse
service shall be the liability of and cha`rge'd to and
paid by the owner, tenant, user or occupant of the
property for which-"the service •is rendered. Several
users on'one premises may combine its refuse 'pick -up
into one _or more common containers supplied by the
City ana /or the owner of the premises. The fee for
such combined users may be jointly charged to the
users of such containers ' and /or the owner of the
premises at the discretion of the City Manager.
(B) PAYMENTJ1OF FEES. The fees prescribed in'`Sect n 9
are payable in" advance on October first of each
year at the annual ' rate or on October first aril
April first at the semi- annual rate. Such fees
shall become delinquent if not fully paid within
sixty (60) days after due date.
(C) DISCOUNT OF ANNUAL FEES. When annual fees are paid
on or before November thirtieth (36th) of the year
in which they become due, the fee shall be reduced
by an 'amount equal to ten percent (10 %) of the
total.
(D) FRACTIONAL BILLING. When services commence during
a calendar month, no charge will be made for periods
eleven (11) days or more.shallybe interpreted but
y preted to
mean one (1) month and shall be so charged. The
S:s
following percentages of the semi - annual fee
shall be charged for'the following period's:
Periods (month's) Fee Percentage ( %)
1 20
2 40
3 50
4 70
5 90
6 100
(E) EXEMPTION FROM FEES. There shall'be no exemptions
for the paymt of fees, except tha
en t establish -
ments'employing and using the services of a
private, ` ^refuse 66111ector holding a valid permit
shall not -be liable for the payment of 'waste
. e.�.a
fees as would'othe"rwise be required hereunder
so long as such employment and use continue "s.
No vacancy allowances will be permitted.
SECTION 11. FEES SHALL CONSTITUTE LIENS.
(A) For the service of refuse collection and disposal
by the City or the ava'i:labil ty of uch service,
all improved ''property shall be liiffie for the
payment of the refuse collection fees. All fees
becoming ;due and payable after October 1, 1966
shall constitute grid are 'hWe &by ' pos'ed as
special assessment "liens against the "real property
aforesaid, and "until fully }paid aid discharged
or barred _rby law, shall remain liens of &�e'qual
rank and dignity with the lien of'the''City
ad "valor'em taxes and `s per`i:or in rank` "°and
dignity to all other liens, encumbrances, ti`tle's
�.
and 'claims in, to "or- against the real property
irivol "ved. All delinquent fees shall bear a
penalty of one percent (1 %) "per month from the
due date
until fully paid. Unpaid and delifiqueit
fees, together with all penaltie's -i -posed thereon,
shall 'remain and 'constitute special a"sse"ssments
against the real property involved Such
special assessment liens may be enfdreed "by any
of the methods provided in Chapter 86, Florida
Statutes 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 accomplished by any other method authorized
by law.
(B) The City Manager is authorized and directed to
execute and deliver upon request written
certificates certifyitig-the amount of waste
fee due u pon any parcel of real property subject
to the payment of such fees, or certify'fug "that
no waste fees are due, which certificates shall
be bi'ndin`g'upon' the City. The City Manager
shall make rules and regulations prescribing'
uniform procedures governing "`the admirii "stration
of the provision of this Chapter and providing
-7-
r`
procedures for the payment of waste liens
in Periodic installments and thecancella-
tion of waste liens, Will8h rates and regula-
tions .,When ap` pr of "the City
res'_01 ion- o--,--
CO—Un-cil- and filed Yn accordance of the
requirements' of this Code shall have the force and
effect of law."
Section 2. if any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared to
be unconstitutional, inoperative or void, such ho I 16ihg or
invalidity shall not affect the remaining portions -of this
Otdihance; and it shall be construed to have been the intent
of the Council of the City of South Miami to pass this ordinance
withbUt such unconstitutional, invalid, or inoperative part
therein; and the 'remainder of this ordihance", after the exclusion
of such part or parts shall be deemed and held to be valid as
if such parts had not been in6luddd therein.
Section 3. That any person, persons, firm, partner-
ship or corporation violating any of the provis'idn's hereof
shall, upon conviction, be punished by a fine not to exceed
$500-00, or by'iMprisonment not to exceed six months, or by
both such fine and imprisonment in the discretion of the
Municipal Judge. Each day a violation is permitted to exist
shall constitute a separate offense.
Section 4. This ordinance shall take effect May 1,
1970.
Section 5. It is intended that this Ordinance be
permanent in nature and shall be 'included in the Code of
Ordinances, City of South Miami, Florida.
PASSED and'ADOPTED this 21 day of_ April
1970.
MAYOR
ATTEST:
ITY Cts
Ify
IM