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PROPOSED AMENDMENT
ORDINANCE NO . -----------------
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 11,
Sections 11-4 and 11-22 to add and amend definitions and to revise the
requirements for trash collection.
WHEREAS, section 11-4 requires additional definitions to make the Chapter clearer; and
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12 WHEREAS, section 11-22 is confusing and it needs clarification as well as tighter
13 regulation as to what can be placed at curbside and how long trash can remain at curbside; and
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15 WHEREAS, the City desires to amend Chapter 11, Sections 11-4 and 11-22 of the City's
16 Code of Ordinances.
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18 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA:
2 0
2 1 Section 1. Chapter 11, Sections 11 -4 of the City of South Miami, Florida, Code of
22 Ordinances is hereby amended and shall read as follows:
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Sec. 11-4
Definitions
Automated domestic garbage container shall mean the container designed for the
automated collection system and supplied by the ~€ity.
Biomedical/biohazardous waste shall meanmeans any solid waste or liquid waste
wfl..i.ffi.that may present a threat of infection to humans . The term includes, but is not
limited to, non liquidnonliquid human tissue and body parts; laboratory and veterinary
waste wruffithat contains human -disease-causing agents; u-seGdiscarded disposable
sharps; human blood and human blood products and body fluids; and other materials
wfl..i.ffi.that in the opinion of the departmentDepartment of health and rehabilitation
servicesHealth represent a significant risk of infectionsinfection to persons outside the
generating facility. The term does not include human remains that are disposed of by
persons licensed under Chapter 497 F.S.
Biological waste shall mean means solid waste that causes or has the capability of
causing disease or infection and includes, but is not limited to, biohazardsbiomedical
waste, diseased or dead animals, and other wa-stewastes capable of tran smitting
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pathogens to humans or animals. The term does not include human remains that are
disposed of by persons licensed under Chapter 497 F.S.
City shall mean the City of South Miami, Florida.
Bulk Trash shall mean all large item domestic trash excluding (i) domestic recyclable
materials that should be placed in a recycling container or (ii) domestic garbage that
must be placed in a garbage container. In no event shall recyclable material that is
required to be containerized, or any domestic garbage, be considered Bulk Trash.
Commercial establishments shall mean any structure used or constructed for use for
business operations. For purposes of this chapter, hotels and motels are commercial
establishments. The term "commercial establishment" shall not include any residential
units or multifamily residential establishments.
Commercial residential properties, for the purpose of this Section, shall mean any
property that has four or more residential units that are attached to one another, such
as four townhouses, whether owned individually by different person or whether they
are all owned by the same person.
Commercial solid waste shall mean every waste accumulation, including but not limited
to, e-u.s.t,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.
Container or dumpster, shall mean and include any detachable container designed or
intended to be mechanically dumped into a loader/packer type of garbage truck.
Customer shall mean a person who uses t-Re-a solid waste or recycling services e-f-a
private hauler.
Dangerous Trash shall mean any item that may cause damage to collection equipment
or personal injury to the collectors or persons on the street, or which may leave behind
any hazardous parts, liquid, or fragments after collection, or which requires special
handling, management and disposal. Dangerous trash includes, but is not limited to,
biological waste, hazardous waste, infectious waste, insecticides, herbicides, fungicides,
paint, solvents, propane canisters, radioactive materials, asbestos, motor or machine oil
or grease, lead-acid batteries, fluorescent lights (which contain mercury), and
pressurized or flammable gasses or liquids.
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Director shall meansmean the director Director of public 'Norks. the Public Works
Department.
Domestic Garbage (or "Garbage") shall mean food-derived refuse from non-commercial
residential properties or any related material that decays and produces unsanitary or
noxious conditions.
Franchisee shall mean the named person who obtains a franchise from the ~€ity
pursuant to this chapterChapter.
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 garbage container shall mean a container made of galvanized metal,
durable plastic ORr other suitable material of a capacity of ninety-six (96) gallon
approved for use by the city managerCity Manager or his designee. Such container shall
have two (2) handles upon the sides thereof, or a bail by "'<'hich dirt may be lifted, and
shall have a tight fitting solid top that contains odors and keeps out rain.
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 ~€ity for garbage,
hazardous, industrial, biomedical, biological, commercial, multifamily residential
establishment solid waste; specialized solid waste including construction and
demolition, debris, trash, 4fte.f-litter refuse, and/or rubbish collection, removal and
disposal.
Hazardous waste shall meanmeans 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. The term
does not include human remains that are disposed of by persons licensed under Chapter
497 F.S.
Industrial 'Naste shall mean any and all debris and waste products generated by
manufacturing, food processing (except restaurants), land clearing, any commercial
shrubbery or tree cutting, building construction or alteration (except do it yourself
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home projects) and public 'Norks type construction projects whether performed by a
government unit or by contract.
Infectious waste shall mean those 'Nastes 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 '.vastes 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.
I'.4echanical cantainer 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.
1'.4ultifamily residential establishment shall mean any structure other than a residential
unit which is used, or constructed for use, as a multiple dwelling facility. Multifamily
residential establishments shall include, without limitation, rooming house, tourist
court, trailer park, apartment building 'Nith rental or condominium apartments, or
mUltiple story condominiums with common means of ingress and egress.
Performance bond shall mean the form of security approved by the ~€ity 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 ~€ity under the franchise agreement(s),
Permit per account fee shall mean the annual charge assessed by the ~€ity to
nonexclusive franchises for each account with whom they contract for the provision of
services.
Person shall mean any natural person, individual, public or private corporation, firm,
partnership, association, joint venture municipality, or any combination of such, jointly
or severally.
Dri"ate SOlid "'aste l'lOule r (collecto rl . pri"ate /'lOule c l'lOule" shall mean an ll person I"V fI IIi? r " " '// IIV " '/' r I Y I
entity, corporation or partnership that removes, collects and transports for disposal for
hire any solid 'Naste within the incorporated area of the city.
Recyclable materials shall mean those materials which are capable of being recycled and
which would otherwise be processed or disposed of as solid waste.
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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 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 any single-family residence.,..... including any multifamily
residential structure of three units or less.
Solid waste shall mean means sludge unregulated under the federal Clean Water Act or
Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air
pollution control facility, or garbage, l+ttefrubbish, refuse, yard trash, clean debris, white
goods, special waste, refuse, or other discarded material, including solidi liquid,
semisolid, or contained gaseous material resulting from domestic, industrial,
commercial, mining, agricultural, or governmental operations. Recovered materials-:-are
not solid waste.
Solid waste disposal shall mean the disposition of solid waste by means of combustion,
land filling or other final method of discard as approved under federal and state law.
Special waste shall mean means solid wastes that can require special handling and
management, including, but not limited to, radioactive materials, asbestos, ,<",hole tires,
tJ.&€€l.white goods, waste tires, used oil, lead-acid batteries, mercury lights and biological
wastes, hazardous waste, construction and demolition debris, industrial waste, including
solid or contained gaseous material resulting from domestic, industrial, commercial,
mining, agricultural or governmental operations ash residue, paint, and biological
wastes.
Temporary rolloff/container fee shall mean the one:time charge paid, per account, to
the ~€ity for each large container and/or rolloff utilized by franchisees to provide
contracted removal and disposal of construction or demolition debris from commercial
construction and demolition, renovation and other similar accounts.
Vegetative Trash shall mean trash from non-commercial residential properties that
cannot be containerized or placed in a bag. Vegetative Trash does not include recyclable
material that should be placed in a recycling container nor is it domestic garbage.
White goods includes discarded air conditioners, heaters, refrigerators, ranges, water
heaters, freezers, and other similar domestic and commercial large appliances and other
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goods designated as such by the City Manager or Public Works Director. White goods
shall not include construction materials.
5 Section 2. Chapter 11, Sections 11-22 of the City of South Miami, Florida, Code of
6 Ordinances are hereby amended and shall read as follows:
7
8 Sec. 11-22. -Extent of service and points of collection.
9 (a) Domestic garbage. Garbage containers are hereby required to Domestic garbage
10 containers must be placed at curbside,the front property line or curb and facing the
11 street, at least five (5) feet from parked cars, poles, fire hydrants, mailboxesL or other
12 obstaciesL or at ~Iocation designated by city managerthe City Manager or public works
13 director. GarbagePublic Works Director. City provided garbage containers are hereby
14 required tomay be placed at the collection point as early as 7:00 p.m. the night before
15 the pick-up and not later than 7:00 a.m. the day of pick-up. Such containers shall be
16 rem'oved from public view within twenty-four (24) hours after the scheduled collection
17 day. Containers may not be placed at locations other than stated above. Those without
18 the written approval of the City Manager. Other containers and containers placed at
19 other locations not approved will not be picked up. Containers in approved location~
20 will be emptied twice each week.
21 (a 1) Emergency conditions. VVhenever strike, natural calamity, or other emergency
22 (b ) Vegetative Trash. Vegetative Trash shall occur, the city manager may invoke the
23 following emergency conditions for a period of thirty (30) days by written notice
24 mailed to all domestic garbage customers:
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(a 2) Domestic garbage. Garbage containers are hereby required to be be placed at
least five (5) feet from parked cars, poles, fire hydrants, mailboxes, or other obstacles
and at the front property line or front curb on the day of scheduled for collection~
containers shall be removed from public view '/Jithin twenty four (24) hours after the
scheduled collection day. Containers may be placed at locations other than stated
above with the approval of the city manager. Those containers and locations not
approved Vlill not be picked up. Containers in approved locations '.viii be emptied at
least t\\'ice each '.veek.
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 fifty (50) pounds, or Be
longer than four (4) feet in length. The amount of domestic trashor at locations
designated by the City Manager or Public Works Director. Vegetative Trash shall not be
placed for pickup more than seven (7) days prior to the scheduled pickup day. The
amount of Vegetative Trash picked up without additional fee shall not exceed the
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equivalent in volume of two (2) thirty gallon containers12.5 cubic yards 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 subsection 11 19(a).
(c) Other domestic trash. Domestic trash that cannot be containerized or bundled
Bulk Trash. Bulk Trash shall be neatly stacked or placed at the curb in frontfront of the
property or at the front curb of the owner's property for special mechanized collection
at the convenience of the city. Domestic trash City. Bulk Trash exceeding the maximum
allowable volume may be picked up at an ext-faadditional 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 departmentChapter. Bulk Trash shall not be placed for pickup more than
twenty-four (24) hours prior to the scheduled pickup day and shall not include domestic
recyclable materials that are supposed to be placed in a City-provided recycling
container or other Domestic Garbage that is required to be put into a trash container.
In no event shall domestic garbage be considered Bulk Trash.
(d) 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, 'Nater heater, paint cans, and other goods designated by the city manager
or public works director.Domestic Bulk Trash and White Goods pick-up services.
Property owners and residents shall contact the public 'Norks departmentPublic Works
Department to arrange for special pick-up services before placing special bulk
tf.a5.RSpecial Domestic Bulk Trash or White Goods at curbside. Special Domestic Bulk
Trash or White Goods shall not include construction materials. Special Domestic Bulk
Trash or White Goods shall not be placed for pickup more than twenty-four (24) hours
prior to the scheduled pickup day.
(1) Property owners or residents of property ~have t'uvo (2)three (3) options
for the disposal of special bulk trash: Special Domestic Bulk Trash:
a. Special bulk trash White goods can be picked up by the 8t-yCity at an
extra cost to the owner or resident of the property as set forth in
section 11-23 of this ~€hapter.,--; or
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 departmentPublic Works
Department of the option selected for aH4-pick up; or
c. The property owner or a resident of the public works department shall
specifyproperty may personally dispose of the date to placewhite
goods if Miami-Dade County provides a facility where such trash etIt
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(d)
for private contractors to pick up. may be taken by such property
owner or resident.
~Commercial refuse. waste. Commercial fefti.5ewaste containers shall be placed at a
point designated by the city manager.City Manager. Collection of commercial
fefti.5ewaste shall be as many times \Neekly as designated by the city managerCity
Manager as to both the size of container and as to the frequency of pickup. 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 twenty-four (4) days(24) hours without
having arranged for disposal by a qualified person licensed by the City to perform such
service. The city may, at its convenience, require any commercial business or industrial
establishment to make private arrangements for the collection and disposal of
commercial refuse.
(f)(e) Refuse Solid Waste not collected by the ~~ The ffiyCity will not under any
circumstances collect and dispose of biomedical waste, biological waste, commercial
solid waste, construction and domestic building materials as defined,
commercialdemolition debris, dangerous trash as a result of, Hazardous waste, special
waste, trash from 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. Improper disposal
of such items may result in fines.
24 (gU4 The City Manager will post the Hholiday garbage collection schedule~
25 Monday holiday: Monday's route will be picked up Tuesday, Tuesday route will be collected
26 Wednesday '.vith Thursday Friday normal schedule.
27 Tuesday holiday: Monday's route no change. Tuesday's route will be collected.
28 Wednesday '<'lith Thursday Friday normal schedule.
29 Thursday holiday: Monday Tuesday normal schedule. Thursday's route '.viII be picked up
30 Wednesday with no change shall be place on the City website in January for f.Htia.yeach
31 year.
32 Friday holiday: Monday Tuesday normal schedule. Thursday route will be picked up
33 VVednesday, and Friday's route will be collected Thursday.
34 ihlJg-tPenalty for removal. It shall be a violation of this £,;chapter for any person, firm or
35 corporation L not authorized by the city managerCity Manager, to collect or dispose of
36 any newspaper or other recyclable item or container which has been specifically placed
37 for collection in the recycling program as provided by this ~5ection. It is not the intent of
38 this ~5ection to prohibit any nonprofit organization from soliciting newspapers, cans, or
39 bottles for the purpose of resource recovery and recycling.
40
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(i) It shall be unlawful for anyone to place domestic garbage anywhere other than inside
a designated garbage container. It shall be the obligation of every property owner to
remove domestic garbage that is placed on, with or in the general vicinity of any Bulk·
Trash, Vegetative Trash, or White goods that has been deposited on their property. It
shall be a violation of this section to allow domestic garbage to remain on, with or in the
general vicinity of any Bulk Trash, Vegetative Trash, or White goods for more than 24
hours. If a property owner is given a warning for a violation of this section, no
additional warning shall be given before a written citation for violation of this section is
issued.
(il Emergency conditions. Whenever strike, natural calamity, or other condition beyond
the City's control shall occur, the City Manager may invoke emergency conditions for a
period of thirty (30) days by written notice to all applicable properties. Such emergency
conditions may be extended thereafter only with approval of a majority of the City
Commission by a written resolution. In such situations the collection of domestic
garbage shall be given priority.
19 Section 3. Codification. The provisions of this ordinance shall become and be made
20 a part of the Code of Ordinances of the City of South Miami as amended.
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22 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance
23 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
24 holding shall not affect the validity of the remaining portions of this ordinance.
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26 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
27 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of ______ , 2017.
ATTEST:
CITY CLERK
1st Reading
2 nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Page 9 of 10
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EXECUTION THEREOF
CITY ATTORNEY
Vice Mayor Welsh:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Harris:
Page 10 of 10
1 ORDINANCE NO. --------
2
3 An Ordinrmce amending the City of South Miami Code of Ordinances, Chapter 11,
4 Sections 11-4 and 11-22 to add and amend definitions and to revise the requirements
5 fOl' trash collection.
6
7
8 WHEREAS, section 11-4 requires additional definitions to make the Chapter more clear; and
9
10 WHEREAS, section 11-22 is confusing and it needs clarification as wdl as tighter regulation as
11 to what can be placed at curbside and how long trash can remain at curbside; and
12
13 WHEUEAS, the City desires to amend Chapter 11, Sections 11-4 and 11-22 of the City'S Code
14 of Ordinances.
15
16 NOW, THEREFORE, BE IT OUDAlNED BY TIm MAYOR AND CITY COMMISSION
17 OF THE CITY OF SOUI'll MIAMI, FLORIDA:
18
19 Section 1. Chapter 11, Sections 11-4 of the City of South Miami, Florida, Code of
20 Ordinances is hereby amended and shall read as follows:
21
22 Sec, 11-4
23 Definitions
24 Automated domestic garbage container shall mean the container designed for the automated
25 collection system and supplied by the city.
26
27 Biomedicallbiohazarclous waste shall mean any solid waste or liquid waste which may present a
28 threat of infection to humans. The term Includes but is not limited to, non-liquid human tissue and
29 body parts; laboratory and veterinary waste which contains human disease causing agents; used
30 disposable sharps, human blood, and human blood products and body fluids; and other materials
31 which in the opinion of the department of health and rehabilitation services represent a significant
32 risk of infections to persons outside the generating facility.
33
34 Biological waste shall mean solid waste that causes or has the cupability of causing disease or
35 infection and includes, but is not limited to, biohazards waste, diseased or dead animals, and other
36 waste capable of transmitting pathogens to humans or animals.
37
38 Bulk Trash shall mean all domestic trash excluding (i) domestic recyclable materials that should
39 be placed in a recycling containel' or (ii) domestic trash that must be placed in a garbage
40 container. In no event shall recyclable material that is required to be containerized, or.JillY
41 domestic garbage, be considered Bulk Trash.
42
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44 Bundled Vegetative Trash shall mean trash consisting of vegetation removed from nOll-
45 commercial residential properties that can be bundled and joineslQy.!iYl'_or contained in bags. See
46 the definition of "commercial residential properties".
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48 City shall mean the City of South Miami, florida.
49
50 Commercial establishments shall mean any structure used or constructed for use for business
51 operations. For purposes of this chapter, hotcls and motels arc commercial establishments. The
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tenn "commercial establishment" shall not include any residential units or multifamily residential
establishments.
Commercial residentiaLQrgperties, for the purpose of this Sec:tion._shall meCln any proIJertyJl1Clt
has four or more residential units that are attached to one another. such as four to_wnhouses.
whether owned individually by different person or whether they are all owned by the same
person.
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.
Dangerous Trash shall mean any item that mav cause damage to collection equiIJment or personal
injurY to the collectors or persons on the street, or which may leave behind any hazardous parts.
liquid. or fragments after collection, or which requires special handling. management and
disposal. Dangerous trash includes. but is not limited to. biological waste, hazardous 'Yaste.
infectious wasK,~Il~ecticides. herbicide?~i)ngicides,---lillin1,_solv_ents. propane. canisters.
radioactive materials, asbestos. motor or machine oil or grease, lead-acid batteries, fluorescent
ligh1§Jy.rhich contain mercuryLaJlliJ:2r:essurizedor .oammable gasses or liquids.
Director shall mean the director of the pPublic :.v Works Department.
Domestic and Vegetative Bulk Trash shall mean trash from non-commercial residential properties
that cannot be containerized or bundled. Domestic and Vegetative Bulk Trash is not recvclable
material that should be placed in a recycling container nor is it domestic garbage.
Gaffiage-Domestic Garbage (or "Garbage") shall mean e-very food-derived refuse ~tfen
from non-commercial residential properties or any related material that decays and produces
unsanitarY or noxious conditions. ef-animal, fruit, vegetable, or organic matter that atteRtls-H:t:e
preparation, use, cooking-an~etailing in, or storage of, meats, fish, fmvl, fruit, -Of vegetables,
and decay, putrefaction and tbe generation the of noxious Qf offensive gases or odors, or which,
auRng-or after decay, may serve as breeding or feeding material for flies or other germ carryffig
~
Franchisee shall mean the named person who obtains a franchise from the city pursuant to this
chapter.
Garbage can or garbage container shall mean a container made of galvanized metal, durable
plastic on other suitable material of a capacity ninety-six (96) gallon approved for use by the
e~ity mManager or his designee. Such container shall have two (2) haa41Bs-ttpoo-th&-Si45&
tlc1srwf.,.er--a---taiJ--by-'Whieh dirt may--B€----lift-e*-and--shaH--nave--a--tight fitting ~solid top lhat
contains odors and kee~.ut rain.
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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, commercial, multifamily residential establishment solid waste; specialized
solid waste including construction and demolition, debris, trash, lifter refuse, andlor 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 aB increase in mortality or an increase in-ser-iBus-irreversible or
incapacitating nwersihl€ 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 corrunercial 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 infectious agents pathogenic or-gani-sms. Included are medical, biological,
and veterinarY wastes requiring special handling andlor disposal. resulting from the operation of
medical clinics, hospitals-,atld other facilities producing wast~ay-BOffiist of, but are not
l+m::ited to, diseased-human aBd ani-mat-par1:s, contaminated bandages, pathologiBa.J:-..spec-imens,
hyp~ee6J..es.,c-Bfltaminated 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 rcfuse.
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.
Multifamily residential establishment shall mean any structure other than a residential unit which
is used, or constructed for use, as a multiple dwelling facility. Multifamily residential
establishments shall include, without limitation, rooming house, tourist court, trailer park,
apartment building with rental or condominium apartments, or multiple story condominiums with
common means of ingress and egress.
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
franchiscs for each account with whom they contract for the provision of services.
Person shall mean any natural person, individual, public or private corporation, firm, partnership,
association, joint venture municipality, or any combination of such, jointly or severally.
Page 3 of7
1 Private solid waste hauler (collector); private hauler; hauler shall mean any person, entity,
2 corporation or partnership that removes, collects and transports for disposal for hire any solid
3 waste within the incorporated area of the city.
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5 Recyclable materials shall mean those materials which are capable of being recycled and which
6 would otherwise be processed or disposed of as solid waste.
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8 Refuse shall mean both rubbish and garbage or a combination or mixture of rubbish and garbage,
9 including paper, glass, metal and other discarded matter, excluding recyclable materials.
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11 Refuse containers shall mean garbage can, garbage container, automated domestic garbage
12 container, domestic trash container and commercial refuse container.
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14 Refuse regulations shall herein refer to regulations prescribed by the city together with such
15 administrative rules, regulations and procedures as may be established under or pursuant to this
16 chapter.
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18 Residential unit shall mean any single-family residence.
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20 Solid waste shall mean garbage, litter, refuse, yard trash, clean debris, white goods, special waste,
21 refuse, or other discarded materials.
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23 Solid waste disposal shall mean the disposition of solid waste by means of combustion, land
24 filling or other final method of discard as approved under federal and state law.
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26 ~~cial Domestic Bulk Trasl.lshall be defined as he_aYL!pjlJl1liactuI~d fabr:icQtE3~t jt~ll1Ull'<::~~
27 home and kitchen appliances and other goods designated as such by the City Manager or Public
28 Works Director. Special Domestic Bulk Trash shall not include construction materials.
29
30 ~-waste shall mean seliD wastes that-€afl-fequire special handling and managemefl{,
31 including, but not limited te,rodioactive materials, asbestos, whole tires, use{] tires, used oil, lead
32 acid batteries, mercury lights and biological wastes, hazardOl±s"-waste, construction and demolition
33 ~s, industrial waste including solid or contained-gaswus material reSUlting from domesti:c,
34 industrial, commercial,_rnini-ng, agricultural, or governmental operations.
35
36 Temporary rolloff/container fee shall mean the one-time charge paid, per account, to the city for
37 each large container and/or rolloff utilized by franchisees to provide contracted removal and
38 disposal of construction or demolition debris_special waste from commercial construction and
39 demolition, renovation and other similar accounts.
40
41 Section 2. Chapter 11, Sections 11-22 of the City of South Miami, Florida, Code of
42 Ordinances are hereby amended and shall read as follows:
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Sec. 11-22. -Extent of service and points of collection.
(a) Domestic garbage contain_ers. Garbage containers are hereby--r-equir-e~
c-ufbstfle,-must be placed at the front property line or curb and facing the street, at least five (5)
feet from parked cars, poles, fire hydrants, mailboxes, or other obstacles, or at .<Llocation
designated by ths: G~ity mManager or pfublic wWorks e.Qireclor. Citvprovided Ggarbage
containers aro-fHsr~-B)' require4tB may 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
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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 without th~ wlitten~.!212.I9~al of
the City Manager. ~ Other containers and containers placed at other locations not approved
will not be picked up. Containers in approved location will be emptied twice each week.
(-a-B--EmeFgency conditions:-Wflenever strike, natural calmnity,-0f other erneFgency shall-eGBtlr-;
the city manager-may invoke the following emergeR€y-C-enditions for a period of thirty (30) days
by written noti£e..matl.ed to all domestic garbage-BUStemers,
(a 2) mmsstic garbage. Garbage containers are hereby reqtHreEHG-B6-pI-aGffi-at-the--frent
j*0p6fly line or curb on ~he day-ef..sGhe4±le-B-B-elteGtian. Such containers sftall-l7e-r~-mev~r-em
public view \vithin twenty-fol±f-(2~) hours after the scheduled-Bollection day. Containers may be
-placed at locations other-than--stated--aoove ", .. ith the approval--efAhe--c-ity--manager-. -:r:flese
containers and loeatffins-nGt--approved will Dot b~ked-up.--Gontainers-irr-appreve&--:leeatffitlB
will--be emptied a~ least-twi€e-eac-h-w~ffi-emergeney-coooitions may b~-ert.ded-thereafter
only with approval of-a--maj orit)' of tHe city cOl:lflcil-by-reselttt;ion-duly--passe4
(b) Bundled Vegetative Domestic tTrash. fJomes.t-i-e-tr-ash-iB containers and 12.bundled 00mes-t+t
Vegetative Itrash shall be placed at least five (5) feet from l!arked cars,-poles. fire hydrant~
mailboxes. or other obstacles and at the front property line or fr9nt curb for collection, or at
location designated by the CilY Manager or Public Works Director. Bundled Vegetative Trash
shall not be placed for I)ickup more thegin twenty four (2~) hours seven davs prior to Be the
scheduled pickup day and removed HBrn-the curb within twenty fem--(~4}-hf)um-frfter-pic-kup. In
no case shall the bIJundled Vegetative tIrash weigh more than fifty (SO) pounds or be longer than
four (4) feet in length. The amount of Bundled Vegetative Eiemffit.i&-tTrash picked up without
i:LdditiQ!l'!Lf~~ shall neit exceed the equivalent in volume of ~) thirty gallon containers 1.2_~
cubic yards for each collection. +he collection procedure for demestic trash as described herein
may change due to -emer-gencies and circumstances beyond the control of the city In sush
situations the collection of domestic garbage--sh:al4e given priority. Grass, hedge clippings,
leaves, branches and vines are Dot-reftuired to be bundled as domestic trash and may-be placed at
the-€-Ufb a mm,imum of seven-F) days before the scheduled pickup day:--'r-!Bs--bunilled-domesttt
trash and unbundled grass, hsdge clippings, lea-ve-s;---9r~ and vines may be placed in
automated demestic garbage container defined in subsection 11 19(a).
(c) Gthff domestic trash. Domestic and Vegetative Bulk Trash. Domestic andVeg;etatil,ie Bulk
tIrash ~ffi1ot be containerized or bundled shall be neatly stacked or placed at the front of the
plQRerty or at the front curb i:n-front of the owner's property for special mechanized collection at
the convenience of the G~ity. Domestic trash-and Vegetative Bulk Trash exceeding the
maximum allowable volume may be picked up at an eMfa-.additional cost to the O\Nner of the
premises as set forth in section 11-23 of this chapter. Domestic arid}legetatlve Bulk Trash shall
not be placed for pickup more than twentv-four (24) hours prior to the scheduled pickUp dav.
Domestic and Vegetative Bulk Trash (bundled or not) shall not include domestic recyclable
materials that are supposed to be placed in a Citv-provided recycling container or other Domestic
Trash that is I~@ired tokQut into a trash.cotltainer. In no event shall domestic garbage be
considered Domestic and Vegetative Bulk Trash.
@ Pick up ser-v1ces for the city's puhl-iB \"orks depar-tmen-t-The City's Public Works Department
shall provide special bulk-t-rasfi-Special DQmestic Bulk Trash £pick-up-j. services. Special balk
trash shall be defictred-atr--refrigeratof, stove, air-BODdi.t-i-ener, ,;",asher, dryer, microwaves, wat-ef
lreate-r,-paffit--sHls,--aBd other goods--designated by the city manager----or-publi€-Wflf-ks-d-ifC€-ter-;
Property owners and residents shall contact the pf'.ublic wWorks dQepartment to arrange for
special pick-up services before placing s~pecial Domestic h12.ulk tIrash at curbside.S.peci51!
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Domestic Bulk Trash shall not include construction materials. Special Domestic Bulk Trash shall
not be placed for pickup more than twentv-four (24) hours prior to the scheduled pickup day.
(l) Property owners or residents of property may have tWB-(~three (3) options for the
disposal of sS.peCial Domestic h~ulk tIrash:
a. Special Domestic e~ulk tIrash can be picked up by the €~ity at an extra cost
to the owner or resident of the property as set forth in section 11-23 of this
chapter: oro
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 pEublic wWorks a12epartment of the option selected and the
!1Eublic wWorks Ei12epartment shall specify the date to place trash out for
private contractors to pick UP;.QI7
c. The property owner or a resident of the propert-YJlli!y-p~rsonaUy dispose of the
Special Domestic Bulk Trash If Miami-Dade County provides a facility were
such trash may be taken bv such property owner or resident.
(Ei~) Commercial refuse. Commercial refuse containers shall be placed at a point designated by
the G~ity ffL\1anager. Collection of commercial refuse shall be as-ffiafl:Y times ,>weldy as
designated by the €~ity mManager as to both. the size of container, as well as the frequencv of
pickup. 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 Clo4) hours-.f!ays without
having arranged for disposal by a qualified person licensed bv tQ.~Cit.Y to perform such service.
The ~Gity may, at its convenience, require any commercial business or mdustrial establishment to
make private arrangements for the co llection and disposal of commercial refuse.
(e1) Refuse not collected by the G~ity. The G~ity will not under any circumstances collect and
dispose of dangerous trash. constru<::lion and demolition debri~ffi.ffl.€-fGiat-and domestic
building materials as defined, oommere:ia+-tr-ash-as-a-re&u±k7f trash from lot clearing, ~
greases a€€tHnlliateEi-at garages, fH-ltng stations or similar establishments, or automotive tires ftllG
etOOm-items. Improper disposal of such items may result in fines.
(fg) Holiday garbage collection schedule:
Holidays falling on Monday-he±i4ly: Monday's route The norinal Monday pickuPJi will be
collected onpicked up Tuesday, and pickups typically scheduled for Tuesday mute will be
collected on Wednesday with ThursEiay-Friaay normal seheEiul:e.
Holidays falling on Tuesday holiday: Menday'&-·mute no change:---T-BBsday-'s--routeThe nonnal
Tuesdav pickups will be collected on Wednesday with Thursday Friday normal schedule.
HolidilYS falling._illlJhursday-hBlffiay: MDtKlay--=H:te-sday--nOBBal--s€he.ffitl:& Thursday's routgTh.i:
normal Thursday pickups will be collec~~g..9p_picked up Wednesday with no change for Friday.
Holidavs falling on_Friday holiday: MBn6~6ay normal schedule.The normal Thursday
pickups route will be collected onpicked Ufl Wednesday, and Friday's routethe normal Fridav
pickups will be collected.Qll Thursday.
(gb) Penalty for removal. It shall be a violation of this chapter for any person, finno or
corporation not authorized by the cS:;:ity HL\1anager, to collect or dispose of any newspaper or
other recyclable item or container which has been specifically placed for collection in the
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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 rcsource
recovery and recycling.
til. It shall be unlawful for anyone to J2lace domestic garbage anywhere other than inside a
designated garbage container. It shall be the_obligation of everY property owner to remove
domestic garbage that is J21aced on, with or in the general vicinity of any Domestic and
Vegetative Bulk Trash and Special Bulk Trash that has been deposited in the front of their
J2roperty_ It shall be a violation of this section to allow domestic garbage to remain on, with or in
the general vicinitv of any Domestic and Vegetative Bulk Trash and SJ2ecial Bulk Trash for more
than 24 hours. If a J2roperty owner is given a warning fQr a violation of this section, no additional
warning shall be given before a written citation for violation of this section is issued.
14 (j) Emergency conditions. Whenever strike, natural calamity, or other condition beyond the
15 City's control shall occur, the City Manager may invoke emergency conditions for a pgiod of
16 thirty (30) davs by written notice to all aQJ21icable J2roperties: Such emer~c;_ondi1ions may be
17 extended thereafter only with approyat of a majority of the Citv Commission by a written
18 resolution. In such situations the collection of domestic garbage shall be given J2rioritv.
19
20
21 Section 3. Codification. The provisions of this ordinance shall become and be made a part
22 of the Code of Ordinances of the City of South Miami as amended.
23
24 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is for
25 any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
26 affect the validity of the remaining portions of this ordinance.
27
28 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
29 and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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Section 5. Effective Date. This ordinance shall become effective upon enactment
PASSED A0;D E::\ACTED this day of ______ , 2017.
ATTEST:
CITY CLERK
1st Reading
2td Reading
READ A);D APPROVED AS TO FORt'Vl
LAl'\lGCAGE, LEGALITY AI\D
EXECCTIO~ THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
CO::v1:vIISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner LIebman:
Commissioner Edmond:
Commissioner Harris:
Page 7 of7
37SE ;
~\ ~if{j)
I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTH'J<: I~ IlEHI<:BY glWD ,hr'l ihl" ('11)' (:llmm!~~i\Jn(rJ Ih,' CJly of Sil~Jlt :'vli!lnJ, Flurl1b \1· III tvn,hlli
Pnhll': H(,;',r!ngC':J ;~! II.;. f(;~Ujill Cily COmr!'i!~.~j(JJJ mtctlJlg ~thCdll!':cl h:rTlIL'~(jil.Y. ~by 1, 2(;:7, hcr,i;mmg
.117 00 j) IT) , in rhf' ClIy COilimi\~)()n Ch;lm\>,'I.', (Ii \() Sun.~ .. t UriH', III ron~Ld," the lojjowJ>.!: itt mis}
A RC,:liull(Jn Ci rhe ell), nJllilll.J~'i():~ ('I"th:;-C~!y of 5(f:'Hh Mial\u. Fi{rf-,(J.l, pl:r~:j:ml lCJ Snl>f'n
1'.17 ~(,12 of lh' Fl\'lld;; ;":r'illi:{,~. p:t)\';din~:. 1m ii lljliform iv]r,h0d ("of C\lJlrt llr;t: "'(.n-JlII V,Ii,n,"m
,\~~c~Sin('jil~' rOt S\[m\l\l,ill~'r S(;rvi;:.t", iluthOii,.ing t:nh':ilig I<ll{, tln hl;cri<)t,")l Ag;:,'CHK';l! \\.J1r. Miami-
J);1(lc ('e;:nlY ic ri,!~:: ,h .. Cily':\ ;)ro!):MI~ r\cn-Ad VJilll (,;11: A\~,~~'H7:'~:l,' :)p. [he C():..:n~y T u}.. BJlI
A R('~(jlLlli()l1 iltll:'urizing the-elY M;Hlag~l I(t c'lllcr HI,O the CUnU;Wriiiy Sw,r:.: L:""c Agitl'li}';;n1
\\)In ~fi;]inl-Dilr;;: CiJn::1Y :u; ir.!~::-or (']{)i SW (,: A\'ellur, S,lIJib Mrilrlll. Pinnd;'\ HI' (,lIe l i) y,~al
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J J-L?: w ,tdd i\n,~ r.;\l.~nd d.::fj·jiii(\])s ,md i(1 rt'\~~(' the rrqiilil'mCn!'i rOllril~h r(1jitclJon I
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R";lrJ j,~~1tt~ t'T C"In'lH'''''r. \'):h r,''i'''.: 1" ,m, ;"~I1,·: ,1< 11\ .:1'1·111l~ l' hom:!;, j,,: ,'I .,'H:
!,r".,·l{lht, ;,~,;) Jjj~. ;'" ,,1:1: ",'!"i"\< ..• E,,·:,·: ",'1·'1,1;\:<, ;"',,1:,, l'I!~I';,' It.,' " \"(;~.<111:: r.:~,';J .'!Ih~ 1'1"~':"lln\j.'" lr .. 1J...' "I,~d'
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NOTICE BY THE CITY OF SOUTH MIAMI
OF INTENT TO USE
THE UNIFORM AD VALOREM METHOD
OF COLLECTION OF A NON-AD
VALOREM ASSESSMENT
Notice is hereby given to all owners of lands localed within the boundaries
of the City of South Miami that the City of South Miami intends to use the
uniform ad valorem method for collecting the Stormwater non-ad valorem
assessments levied by the City of South Miami as set forth in Section
197.3632. Florida Statutes, and that the City Commission will hold a public
hearing on Tuesday, May 2, 2017, at 7:00 p.m. at the 6130 Sunset Drive,
Commission Chambers. The purpose oi the public hearing is to consider
the adoption of a Resolution authorizing Ihe City 01 South Miami to use the
uniform ad valorem method of collecting the Stormwater non-ad valorem
assessments levied by the City of South Miami as provided in Section
197.3632. Florida Statutes. The City of South Miami is considering adopting
a non-ad valorem assessment lor 2018, for the purpose of collecting the
Stormwater User Fees. This non-ad valorem assessment is levied for the
iirsttime which was previously charged in the utility bill.
i \"~iDA' APRlI.lJ 2011
, MIA~IHERALD.(O)\
TAKE YOUR SAVINGS
FROM ORDINARY ...
36-MONTH
... TO EXTRAORDINARY!
OPEN YOUR CD ACCOUNT TODAY!
STOP BY YOUR LOCAL BRANCH OR VISIT
POP~LARCOMMUNITYRANK.CO)AICD-SAV!NGS.
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POpul;tJ t.:llltil Americ,C1 (lerijlft;~ to'I_lo'lnlht ~1i:;~UI_:'·or·i:'tipulH GOIII(J'1flllIW I$ank") is ii l!!&fllUer ~,llhA FUIC tl(Jl1
upemltS IInjt;r IhIt a:;.sum~u name ~'p(j!lu~lr Commurlit\' I);U1k· la Ihe rn~rt.6ffi in wh:t:h H ore-falos. AlGOHJil~!Jly.
·F'opula) Comll!ullily Bank (lmf B;1hGO'pWu:w North f\:II!:lrlCc:\ ·ilfAti!B.~f'Irne mll}ln!)llli:'tl hHUluUuo •
. V2(!17 Banw Pupular r~uflh r~Hlellca. Membcr-FOI.C. -. -.
/ A
MIAMI DAILY BUSINESS REVI,EW
Published Daily excep: Salu:day, Sunday and
Legal Ho: idays
~J,iami. Miami-Dade Co,mty, Florida
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Before the undersigned authority personaliy appeared
MARIA MESA. who on oath says that he or she is the LEGAL
CLERK, Lega! Notices .of the Miami Dally Busin,ess Review
Ilk/a Miami Review. a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida: that the attached copy of adve,1isement,
being a Legal Advertisement of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMt -MAY 2. 2017
in the XXXX Court,
was pJblished in said newspaper in the issues of
04/21/2017
Affiant further says that the said Miami Daity Business
Review is a newspaper published at Miami, In said
Miami-Dade County. Florida and that the said newspaper has
heretofore been continuously published i~ said MiaMi -Dade
County, Florida each day (except Saturday. Sunday and
Lega! Holidays) and has been entered as second ciass mail
matter at t~e post office in Miami in said Miami-Dade County,
Fionda, for a penod of one yea: next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any disco,mt, rebate. commission
or refund for the of securing this advertisement for
publication in '"'""-~~=:----
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