Ord No 09-23-2460ORDINANCE NO . 09-23-2460
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 11, "GARBAGE AND TRASH," SECTION 11 -2 2,
"EXTENT OF SERVICE AND POINTS OF COLLECTION,"
OF THE CITY'S CODE OF ORDINANCES; PROVIDING
FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
I MPLEMENTATI O N; AND AN EFFECTIVE DATE.
WHEREAS, t he C ity of South M iami (the "C ity ") has adopted regu lat io ns as part of the
C ity Code of O rdin ances (the "Code") to p ro m ote t he hea lth, s afety, communi ty accept able
stand a rd of mora ls a nd genera l welfa re of th e residents of t he C ity of South M ia mi ; a nd
WHEREAS, t he C ity Co mmi ss io n of t he C ity of So uth M iam i (the "Com m iss io n") fi nds
it per iodi cally necessary to amend its Code of O rd inances ("Code") in order to update regul atio ns
and procedures to m ai nta in cons istency with state law and to imp le ment municip al goals and
o bj ecti ves; a nd
WHEREAS, Sect ion 11-22 of the Code provides for collection of d omestic garbage,
vegetative trash , an d b ulk waste for single family residential prope rt ies at regu lar in tervals; and
WHEREAS, t he regular, timely, and orderl y coll ection of domestic gar bage, v egetative
trash, and b ulk waste contri butes to a clean, sanita1y , and cohesi ve community ap p ear ance; and
WHEREAS, standard iz ing p ick up locatio ns fac ili tates e ffic ie nt and cost-effective
coll ection activities by the C ity ; and
WHEREAS, vegetative waste left u nattended fo r m ult iple days contri butes to unsanita1y
and uns ightly condi tio ns that can result in vermin accumul ation, unin tended spreading of li tter,
and d isorderly a ppear a nce; and
WHEREAS, the C ity Comm iss io n deems it in t he City's best interest to stand ardi ze
coll ectio n locat ions and modify the time that vegetative waste may be left o ut p ri or to pick up ; an d
WHEREAS, the City Commissio n fi n ds thi s O rd inance advances t he welfa re of the City
and ap proved it on first r eading on March 21 , 2023 ; and
WHEREAS, on May 16 , 2023, t he Mayor and City Commission cond ucted a du ly noticed
pub lic hearing as requi red b y law and adopte d the ordinance.
Page 1 of 3
Ord. No. 09-23-2460
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amending Chapter 11, Section 11-22 of the Code. That Chapter 2,
Article 11, Section 11-22, "Extent of Service and Points of Collection," of the Code of Ordinances
City of South Miami, Florida, is hereby amended to read as follows:
ARTICLE 11. -GARBAGE AND TRASH
***
Sec. 11-22. Extent of Service and Points of Collection.
(a) Domestic garbage. Domestic garbage containers must be placed only 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 a location designated by the city manager or public works
director. City-provided garbage containers 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 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 the written approval of the city manager. Other containers and containers placed at
other locations will not be picked up. Containers in approved locations will be emptied twice
each week.
(b) Vegetative trash. Vegetative trash shall be placed only at the front property line or front curb
for collection or at locations designated by the city manager or public works director at least
five (5) feet from parked cars, poles, fire hydrants, mailboxes, or other obstacles aaEl at the
ft:eftt preperty liae er freftt e\:lfe fer eelleetiea er at leeatiens ElesigaateEl ey the eity maaager
er p\¾Blie v,erks Elireeter. Vegetative trash shall not be placed for pickup more than t\. sat:,
few f24} hstR se¥eB (7) Elays seven (7) days prior to the scheduled pickup day. The amount
of vegetative trash picked up without additional fee shall not exceed the equivalent in volume
of twelve and one-half ( 12.5) cubic yards for each collection.
( c) Bulk trash. Bulk trash shall be neatly stacked or placed only at the front of the property or at
the front curb of the owner's property for special mechanized collection at the convenience of
the city. Bulk trash exceeding the maximum allowable volume may be picked up at an
additional cost as set forth in section 11-23 of this chapter. 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.
1 Coding: StrilEethre1:1gh wards are deletions to the existing words. Underlined words are additions to the existing
words. Changes between first and second reading are indicated with highlighted EleHele o,riheOtFBHgk and double
underline.
Page 2 of 3
Ord . No . 09-23-2460
***
Section 3. Corrections. Con fo rming language o r techni cal scrivene r-typ e c orrecti o ns
may be made by the C ity A tto rn ey fo r any conforming a me nd ments to be in co rporated into the
fin a l Ordinanc e for s ign ature.
Section 4. Severability. If an y sectio n, cla use, sen tence, o r phrase of thi s Ord inance
is fo r an y reason he ld invali d o r un constituti o nal by a co u1t of comp eten t j uri sdictio n , the ho lding
s ha ll no t affect the validi ty of the re mai nin g po rt io ns of thi s Ord in ance.
Section 5. Codification . It is the inte nti on of the City Commission, and it is he reby
ordained that th e p rovis io ns of this O rdinance sh all become and made a pa1t o f the Code of O rd inan ces
of th e C ity of South M iami , Flo rid a, that th e sections of thi s Ordina nce may be renumb ered o r re-
le tte red to a ccompli sh such intenti o ns; and th e word "Ordin a nce'· may be c ha nged to "S ectio n·' or
o th er appropri ate w o rd .
Section 6. Conflicts. Any a nd all o rdin an ces and reso lutio n s o r pa1ts o f o rdinances o r
resolutio ns in conflict he rewi th are he re by repealed .
Section 7 . Implementation. T he C ity Manager is he reby autho r ized to ta k e any a nd
a ll necessary ac ti o n to imple men t the purposes of this Ordinan ce. Any tem porary s ig n permi t that
was previous ly iss ued s h a ll be a ll owed to remai n t lu·o ugh its c u rrent expirati o n date and s ha ll not
be extend ed .
Section 8 . Effecti ve D ate. T hi s Ordinance s ha ll beco m e effecti ve immediately upo n
adoption on Second R e ading.
PASS ED o n fir st reading o n the 2 1st day o f Marc h , 2023.
PASSED AND ADOPTE D o n second reading o n the 16 th day of May, 2023 .
ATTEST :
\J ~ CITY ~E
READ AND APPR O VED AS TO FORM,
L ANGUAG E, L EGALITY AND
EXECUTION THEREOF
~ANCOLE
& BIERMAN, P .L.
CITY ATTO RNEY
COMMI SS ION VOTE:
Mayor Fernandez:
V ice Mayor Bo ni c h :
Commiss ioner Call e:
Conuni ssioner Li ebman :
Commissioner Corey:
Page 3 of 3
5-0
Yea
Yea
Yea
Yea
Y ea
Agenda Item No:11.
City Commission Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Tony Recio
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 11, “GARBAGE AND TRASH,” SECTION 11-22, “EXTENT OF SERVICE AND POINTS OF
COLLECTION,” OF THE CITY’S CODE OF ORDINANCES; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (COMMISSIONER
LIEBMAN)
Suggested Action:
Attachments:
Waste_ordinance_memo__1___2_ (2).docx
Ordinance_Amending_Bulk_Trash_and_Vegetation_Pick-up_Regulations_SR_CAv3.docx
MDBR Ad.pdf
Miami Herald Ad.pdf
MDBR Ad.pdf
MH Ad.pdf
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:May 16, 2023
SUBJECT:Ordinance amending Chapter 11, Garbage and Trash, of the City’s Code of
Ordinances
RECOMMENDATION:Pursuant to the request of Commissioner Liebman, the above referenced
Ordinance is submitted for consideration by the Mayor and Commission.
For approval of amendments to Chapter 11, “garbage and trash,” section
11-22, “extent of service and points of collection.”
BACKGROUND:The accompanying ordinance was prepared and placed on the agenda at
the request of Commissioner Josh Liebman. The City’s code currently
allows for vegetative waste to be placed curbside for pick-up up seven days
before the scheduled pick-up date. The proposed ordinance requires
vegetative waste to be placed curbside at the front of the lot, 24-hours
before the scheduled pick-up. The changes would limit the number of days
the current ordinance allows vegetative waste to be placed curbside to
improve the look of our roadways and adjacent swales. Additionally, it
would discourage illegal dumping since vegetative waste creates an
attractive nuisance for illegal dumping. Currently domestic waste is limited
to being placed no earlier than 7 p.m. the night before pickup.
The proposed ordinance further clarifies that trash and bulk waste is to be
placed in the front of the lot only.
FUNDING:N/A
ATTACHMENTS:Proposed Ordinance
2
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MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review f/k/a Miami Review, of Miami-Dade County,
Florida; that the attached copy of advertisement, being a
Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -PUBLIC HEARING -APR. 18, 2023
in the XXXX Court,
was published in a newspaper by print in the issues of Miami
Daily Business Review f/k/a Miami Review on
04/07/2023
Alliant further says that the newspaper complies with all
legal requirements for publication in chapter 50, Florida
Statutes.
Swam and subscribed before me this
7 day of APRIL, A.O. 2023
(SEAL)
GUILLERMO GARCIA personally known to me
J .. -.·-r·•--· ••
••• ATTAOIED
8
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a public hearing
on Tuesda _A ril 18 2023 at 7:00 g.m. to consider the following public
hearing ltem(s):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 11, 'GARBAGE
AND TRASH," SECTION 11-22, 'EXTENT OF SERVICE AND POINTS
OF COLLECTION," OF THE CITY'S CODE OF ORDINANCES;
PROVIDING FOR CORRECTIONS; SEVERABILITY ; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE OrTY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 7-3 'COMPREHENSIVE
FEE SCHEDULE' AND SECTION 13-24 'SCHEDULE OF BUSINESS
TAX RECEIPTS ' OF THE CITY CODE OF ORDINANCES , TO
PROVIDE THAT A COMPREHENSIVE SCHEDULE OF FEES AND
FINES FOR ALL DEPARTMENTS AND SERVICES SHALL BE ADOPTED
AND AMENDED BY RESOLUTION OF THE CITY COMMISSION;
PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE.
The hearing will be held at C Hall Commission Chambers 6130 Sunset
Drive, So Miami Florida 33143. Commission members will partic ipate
in Chambers or by video conferencing through the Zoom platform and members
of the public may join the meeting via Zoom at (!:r!!P~oom.us!V305663633BJ,
by phone by calling + 1-786-635-1003 and entering Meeting 10: 3056636338
when prompted, or in person In the Commission Chambers, and where
their appearance will be broadcast on the Zoom platform, and where they
can participate.
All interested parties are invited to attend and will be heard .
For further information. please contact the City Clerk 's Office at: 305-663-6340.
Pursuant to Section 286 .0 105, Fla. Stat., the City hereby advises the public
that>it-a person decides to appear any decision made by the Commission
with respect to this matter , such person must ensure that a verbatim record
of the proceedings is made, which record includes the testimony and .
evidence upon which the appeal is to be based This notice does not
constitute consent by the City for the introductionoradmission of otherwise
Inadmissible or irr elevant evidence , nor does It authorize challenges or
appeals not otherwise allowed by law .
ADA: To request a mod ification to a policy, practice or procedure or tc
request an auxiliary aide or service In order to participate In a City program,
activity or event, you must on or before 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mai l at 6130 Sunset Drive,
South Miami, Florida or email at npayne@southmlamlfl.gov .
4/7
Nkenga A Payne, CMC, FCRM
City Clerk
23 -90/0000656564M
12SE ...................................................................................................NEIGHBORSSUNDAYAPRIL92023
PHOTOS BY MATIAS J.OCNER mocner@miamiherald.com
Dr.Jane Goodall speaks during ‘A n Evening With Jane Goodall:Inspiring Hope
Through Action.’
‘A n Evening Wi th Jane Goodall:
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Dr.Jane Goodall
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Dr.Mireya Mayor,the
director of exploration and
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FIU’s College of Arts,
Sciences and Education,
speaks with Dr.Jane
Goodall during ‘A n Evening
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9
10
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review f/k/a Miami Review, of Miami-Dade County,
Florida; that the attached copy of advertisement, being a
Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI· PUBLIC HEARING· MAY 16, 2023
in the XXXX Court,
was published in a newspaper by print in the issues of Miami
Dally Business Review f/k/a Miami Review on
05/05/2023
Affiant further says that the newspaper complies with all
legal requirements for publication in chapter 50, Florida
Statutes.
and subscribed before me this
~
GUILLERMO GARCIA personally known to me
~ ROSANASALGAOO (~ ,i:) Commission # HH 336987
~.,1,, .. , .. / Expires November 30, 2026
11
.. .
CITY OF SOUTH M IAMI, FLORIDA
CITY COMM I SSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will ho ld a public hearing
on Tuesda M 16 2023 at 7;00 .m. to con sider the following publi c
hearing it em(s):
A RESOLLfTION OF THE CITY COM MISSION OF THE CITY OF
SOUTH MIAM I, FLORIDA [GRANTING APPROVAL OF/DENYING]
A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3
AND 20-5 .8 OF THE LAND DEVELOPMENT CODE TO PERMIT
AN ADULT FAMILY CARE HOME WITHIN THE LOW DENSITY
SINGLE-FAMI LY RESIDENTIAL (RS-3) ZONING DISTRICT ON
PROPERTY LOCATED AT 6021 SW 62 PLACE: PROVIDING FOR
CONDITIONS; ENFORCEMENT OF CONDITIONS: CORRECT[ONS;
SEVERABIUTY: AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
• SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 11, "GARBAGE
AND TRASH; SECTION 11-22, "EXTENT OF SERVICE AND
POINTS OF COLLECTION,' OF THE CITY 'S CODE OF ORDINANCES;
PROVIDING FOR CORRECTIONS: SEVERABIUTY: CONFLICTS:
IMPLEMENTATION; AND AN EFFECTIVE DATE. '
The hearing will be held at C Hall Commission Chambers 6130 Sunset
Drive South Miami Florida 33143 Commission members will participate
in Chambers or by video conferencing through the Zoom platform and
members of the public may join the meeting via Zoom at (htt s://zoom .
us/'/3056636338 , by phone by calling + 1-786-635-1003 and entering
Meeting ID: 3056636338 when prompted, or in person in the Commission
Chambers, and where their appearance will be broadcast on the Zoom
platform, and where they can participate.
All interested parties are invited to attend and will be hea rd .
For fui1her Information , please contac·t the City Clerk's Office at: 305-663-6340.
Pursuant to Section 286 .0105, Fla. Stat., the City hereby advises the public
that if a person decides to appeal any decision made by the Commission
with respect to this matter, such person must ensure that a verbatim record
of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not
constiMe consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant ev id ence, nor does it authorize challenges or
appeals not otherwise allowed by law.
ADA: To request a modification to a policy, practice or procedure or to
request an auxiliary aide or service In order to participate in a City program,
activity or event, you must on or before 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive,
South Miami, Florida or email at npayn e@southmiamifl.gov.
Nkenga A. Payne, CMC, FCRM
City Clerk
23-64/0000661481 M
20SE ...................................................................................................NEIGHBORSSUNDAYMAY72023
HDTM201
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