11-27-07 Revised Item 13r
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM
To: The Honorable Mayor Feliu and Members of the City Commission
South Miami
1111 r
2001
Via: Yvonne S. McKinley, City Manager
From: W. Ajibola Balogun, REM, CFEA, Director
Public Works & Engineering Department
Date: November 27, 2007 Agenda Item No.: 13
Subject: Amending Chapter 11, Sections 11 -2 through 11 -17; provides for issuing of non-
exclusive franchises for commercial solid waste collection.
Resolution: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE;
AMENDING CHAPTER 11, SECTIONS 11 -2 THROUGH 11 -17; PROVIDING
FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR COMMERCIAL
SOLID WASTE COLLECTION; PROVIDING DEFINITIONS AND
FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; PROVIDING
FOR TRANSFERABILITY OF FRANCHISES; PROVIDING FOR FIVE
YEAR FRANCHISES; LIMITATIONS ON CONTRACTS; PROVISION OF
LICENSING FEES FOR TEMPORARY ROLLOFF CONTAINERS AND
HAZARDOUS, BIOHAZARDOUS WASTE OR SPECIALIZED WASTE
COLLECTORS; APPLICATION PROCEDURES; FEES, REPORTING
REQUIREMENTS, INSURANCE, SERVICE STANDARDS, PROVIDING
FOR CODE ENFORCEMENT PROCEDURES; APPEAL OF CITY
MANAGER DECISION TO DENY FRANCHISE TO BE HEARD BY CITY
COMMISSION; ENFORCEMENT AND REGULATIONS; SCHEDULES AND
ROUTES, TERMINATION; ENFORCEMENT AND ADMINISTRATIVE
FINES; PROVIDING FOR SEVERABIL,ITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE.
Request: Authorizing amendment to Chapter 11, Sections 11 -2 through 11 -17; providing for
issuing of non - exclusive franchises for commercial solid waste collection.
Reason/Need: With the intent of . improving our commercial solid waste collection services, we have
reviewed Chapter 11 of the City's Code of Ordinance that allows for Solid Waste
Franchise and recommend the attached amendment to the chapter. Following are some of
the recommended revisions:
• Franchise Fee: In addition to the proceeding changes to Section 11 -10(a) of this
chapter, it shall be unlawful for any private hauler operating in the City to either
collect, remove, or transport from properties in the City solid waste for disposal
without payment of a solid waste franchise fee to the City:
o Annual Fee (General /All Waste Services): The franchisee shall pay
$7,500 with $500 increase per year.
o All City- Franchised commercial solid waste haulers will be required to
pay the City a franchise fee of 25% of the franchisees' total monthly
gross receipts from accounts within the City served by the franchisee.
o A vehicle registration fee shall be charged in an amount of $25.00 for
each vehicle of the franchisee (see Section 11 -10(a) (2) (b) of the
proposed ordinance for details).
o A permit per account fee of $50.00 for each account shall be paid to the
City by the franchisee, of which no more than $30.00 may be passed on
to the commercial business (see Section 11 - 1 0(a)(2)(C) of the proposed
ordinance for details).
Insurance & Indemnification: This portion of the ordinance was improved and
the indemnification clause was added, to include:
o Addition of a table of minimum insurance required of each franchisee
(see Section 11 -11(a) of the proposed ordinance for details).
o Sections 11 -11(h) through (k) covers the indemnification clause added
to the proposed ordinance.
Termination/Revocation of Franchise: This section of the ordinance was
improved to include the list of what constitutes revocation of a solid waste
franchise (see Section 11 -15 of the proposed ordinance for details).
Specialized Solid Waste (Roll -off Containers): This section of the ordinance was
added to regulate the business of removing or disposing of construction debris or
large quantities of trash from any premises within the City limits. Among other
guidelines, the section specifies the appropriate location for the roll -off, required
fees, reporting and record keeping (see Section 11 -16(a) of the proposed
ordinance for details).
Franchise Term: It is proposed that a period of five (5) years shall be initially
granted and a renewable five (5) year period.
To assist in reviewing our current code, we reviewed other cities' franchise requirements
for the same services. Attached is a summarized table entitled: Solid Waste Franchise
Fees for 4 cities.
Cost: N/A
Funding Source: N/A
Backup Documentation:
❑ Proposed Ordinance
❑ Summary of the review of other Cities' franchise policies entitled: Solid
Waste Franchise Fees
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ORDINANCE NO.;
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE;
AMENDING CHAPTER 11, SECTIONS 11 -2 THROUGH 11 -17; PROVIDING
FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR COMMERCIAL
SOLID WASTE COLLECTION; PROVIDING DEFINITIONS AND
FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; PROVIDING
FOR TRANSFERABILITY OF FRANCHISES; PROVIDING FOR FIVE YEAR
FRANCHISES; LIMITATIONS ON CONTRACTS; PROVISION OF
LICENSING FEES FOR TEMPORARY n nrROLLOFF CONTAINERS
AND HAZARDOUS, BIOHAZARDOUS WASTE OR SPECIALIZED WASTE
COLLECTORS; APPLICATION PROCEDURES; FEES, REPORTING
REQUIREMENTS, INSURANCE, SERVICE STANDARDS, PROVIDING
FOR CODE , ENFORCEMENT PROCEDURES; APPEAL OF CITY
MANAGER DECISION TO DENY FRANCHISE TO BE HEARD BY CITY
COMMISSION; ENFORCEMENT AND REGULATIONS; SCHEDULES AND
ROUTES, TERMINATION; ENFORCEMENT AND ADMINISTRATIVE
FINES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE.
WHEREAS, Chapter 11 of the City of South Miami Code of Ordinances provides for the
collection, conveyance and disposal of all garbage, trash and refuse accumulated within the City;
and,
WHEREAS, sections 11 -2 through 11 -17 provide for commercial trash franchise
agreements for all commercial solid waste; and
WHEREAS, the Mayor and City Commission of the City of South Miami deem it to be
in the public interest to continue providing residential collection of municipal solid waste by the
Public Works Department, and to continue to allow for commercial solid waste collection and to
provide for the issuance of non - exclusive franchises to qualified commercial solid waste haulers,
however, such commercial franchises requires updating since initial adoption in 1998; and,
WHEREAS, the City rights -of -way are valuable public property acquired and
maintained by the City at great expense to City tax payers, and the right to use the rights -of -way
is a valuable property right without which contractors would be required to invest substantial
capital and property acquisition costs; and,
WHEREAS, the City deems it to be in the best interest of the citizens and residents of the
City to provide for classification and fees for licensing and for granting a franchise to those
persons operating and providing solid waste services within the City and that same is necessary
to protect the public general health, safety and welfare; and,
WHEREAS, it is the intent of the City in amending Chapter 11 to enhance licensing and
franchising procedures to regulate solid waste collection by private haulers operating within the
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City, and to charge such providers reasonable and non - discriminatory rents for the use of such
rights -of -way; and,
WHEREAS, the Mayor and City Commission desire to amend Chapter 11 as it relates to
the specific franchise provisions providing for increased insurance requirements, change in
length of franchises, and change in material terms of allowing franchise agreements.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 11, sections 11 -2 through 11 -17 relating to Solid Waste Franchise
Agreements, of the City of South Miami code is amended to read:
Sec. 11 -1. Purpose of Commercial Solid Waste Franchises and Collection of garbage and
sSolid wWaste, General ly -ithe City.
(a) The purpose of this section is to ensure the elimination of a public nuisance and to ensure
a competitively neutral policy for the provision of solid waste services and to enable the City to
permit non - discriminatory access to the public rights -of -way for solid waste franchisees. Under
the provisions of the franchise rights provided under this Chapter, the City is able to manage
impact and cost to the citizens of the placement of commercial solid waste containers within the
City and any rights -of -way; obtain fair and reasonable compensation of franchise fees to
eliminate the nuisance of solid waste; promote competition among solid waste franchisees; and
minimize the congestion, inconveniences, visual impact and other adverse effects on the City.
kb) All garbage, refuse and solid waste accumulated within the City limits shall be collected,
conveyed, and disposed of by and through the public works department of the City or a private
franchised refuse collection firm. No person, firm or corporation shall, for a fee, collect and
dispose of or transport over the City streets any garbage, refuse and solid waste except as
provided in this Chapter.
Sec. 11 -2. Franchise required.
f a) It shall be unlawful for any pie- person, firm or eerpef tie to engage in the business
of collecting garbage or solid waste by collecting, removing or transporting for disposal any
solid waste, within the City, without a valid franchise issued by the City. A franchise is
required for all persons collecting the categories of waste defined in section 11 -4,
specifically including but not limited to: Gconstruction and demolition debris, biomedical and
biohazardous waste, biological waste, commercial solid waste, garbage, hazardous waste,
industrial waste, infectious waste, loose refuse, and refuse. —, - sSolid waste and special waste
companies whose sole business is recycling are not included. It shall be unlawful for an owner or
lessee of any commercial property located within the City to contract with a person to collect
garbage or solid waste in the City unless the person possesses a current, valid franchise from the
City.
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(b) The franchise required by this section shall be in addition to any other permits,
registration or occupational license which may be required by federal, state or local law.
Sec. 11 -3. City Manager authorized to grant franchise.
(a) The City Managereemrni&sien is authorized, from time to time to grant one or more non-
exclusive franchises granting the right and privilege to operate a garbage and trash collection
system in, ,
publie the City for the purpose of collecting garbage and trash solely from commercial
establishments as defined in this Chapter, which desire these services within the limits of the
City. This franchise authorizes the provider(s) to provide solid waste disposal services.
(b) The franchisees shall be granted by - o ee,-- axd--o:,nly after the applicant for the
franchise has filed with the City Clerk, an application, and such other documentation as may
reasonably be required to establish that the applicant meets all of the requirements of this
Chapter.
(c) The franchises shall initially be granted a period of three five 5 ears, and shall be
renewable thereafter, for successive five (5) year periods of one year- upon application of the
franchisee and approval of the application by the City eManagere i%ien.
(d) No person may engage in the business of providing solid waste commercial services
originating from the City without first obtaining a franchise pursuant to this Chapter. In
addition, the private hauler must first have obtained all state and coun . registration and
licensing in accordance with the provisions of this Chapter, unless otherwise authorized by law.
Sec. 11 -4. Definitions.
Automated domestic garbage container shall mean the container designed for the automated
collection system and supplied by the City.
Biomedical /biohazardous waste shall mean any solid waste or liquid waste which may present a
threat of infection to humans. The term includes but is not limited to, non - liquid human tissue
and body parts; laboratory and veterinary waste which contains human disease causing agents;
used disposable sharps, human blood, and human blood products and body fluids; and other
materials which in the opinion of the department of health and rehabilitation services represent a
significant risk of infections to persons outside the generating facility.
Biological waste shall mean solid waste that causes or has the capability of causing disease or
infection and includes, but is not limited to, biohazards waste, diseased or dead animals, and
other waste capable of transmitting pathogens to humans or animals.
City shall mean the City of South Miami, Florida.
Commercial establishments shall mean any structure used or constructed for use for business
establishment-operations. For purposes of this Ordinance, hotels and motels are commercial
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establishments. The term "commercial establishment" shall not include any residential units or
multi-fain ily°f any nature or k4n whatsoever other- dim a residential unitestablishments.
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.
Director shall means the Director of Public Works.
Franchisee shall mean the named person who obtains a franchise from the City pursuant to this
Ordinance.
Garbage shall mean every refuse accumulation of animal, fruit, vegetable, or organic matter that
attends the preparation, use, cooking and detailing in, or storage of, meats, fish, fowl, fruit, or
vegetables, and decay, putrefaction and the generation of noxious of offensive gases or odors, or
which, during or after decay, may serve as breeding or feeding material for flies or other germ
carrying insects.-
Garbage can or container shall mean a container made of galvanized metal, durable plastic on
other suitable material of a capacity not less than ten gallons and not to exeeed thii4y g 96
ag llon approved for use by the City Manager or his designee. Such container shall have two
handles upon the sides thereof, or a bail by which dirt may be lifted, and shall have a tight fitting
solid top.-
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, ercommercial, multifamily residential establishment solid waste;
specialized solid waste including_ construction and demolition, debris, trash, lifter refuse, and/or
rubbish collection, removal and disposal.-
Hazardous waste- shall mean solid waste, or a combination of solid wastes, which, because of its
quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or
significantly contribute to an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness or may pose a substantial present or potential hazard to human
health or the environment when improperly transported, disposed of, stored, treated, or otherwise
managed.-
Industrial waste- shall mean any and all debris and waste products generated by manufacturing,
food processing (except restaurants), land clearing, any commercial shrubbery or tree cutting,
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1 building construction or alteration (except do- it- yourself home projects) and public works type
2 construction projects whether performed by a government unit or by contract. -
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4 Infectious waste- shall mean those wastes which may cause disease or may reasonably be
5 suspected of harboring pathogenic organisms. Included are wastes resulting from the operation
6 of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are
7 not limited to, diseased human and animal parts, contaminated bandages, pathological
8 specimens, hypodermic needles, contaminated clothing, and surgical gloves. -
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10 Loose refuse shall mean any refuse, either garbage or trash stored in and collected from any type
11 of container other than a mechanical container or garbage can. Refuse which is collected from
12 the ground is considered loose refuse.
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14 Mechanical container shall mean and include any detachable metal container designed or
15 intended to be mechanically dumped into a loader /packer type of garbage truck used by the
16 franchisee.
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18 Multi - family Residential Establishment shall mean M structure other than a residential unit
19 which is used, or constructed for use, as a multiple dwelling facility. acility. Multi- family residential
20 establishments shall include, without limitation, rooming house, tourist court, trailer park,
21 gpartment building with rental or condominium apartments, or multiple story condominiums
22 with common means of ingress and egress.
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24 Performance bond shall mean the form of security approved by the City and furnished by the
25 franchisee as required as a guarantee that the franchisee will execute the work in accordance with
26 the terms of this Chapter and will pay all lawful claims, and shall include all fee(s) due to the
27 I City under the franchise agreement(s�-
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29 Permit per account fee shall mean the annual charge assessed by the City to nonexclusive
30 franchises for each account with whom they contract for the provision of services.
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32 Person shall mean any natural person, individual, public or private corporation, firm,
33 partnership, association, joint venture municipality, or any combination of such, jointly or
34 severally.
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36 Private Solid Waste Hauler (Collector); Private Hauler; Hauler shall mean any person, entity,
37 corporation or partnership that removes, collects and transports for disposal for hire any solid
38 waste within the incorporated area of the City.
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40 Recyclable materials shall mean those materials which are capable of being recycled and which
41 would otherwise be processed or disposed of as solid waste.
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43 Refuse shall mean both rubbish and garbage or a combination or mixture of rubbish and
44 garbage, including paper, glass, metal and other discarded matter, excluding recyclable
45 materials.
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1 Refuse containers shall mean garbage can, garbage container, automated domestic garbage
2 container, domestic trash container and commercial refuse container.
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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 angle- family residence.
Solid waste shall mean garbage, litter, refuse, yard trash, clean debris, white goods, special
waste, refuse, or other discarded materials.:
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 solid wastes that can require special handling and management,
including, but not limited to, radioactive materials, asbestos, whole tires, used 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
Temporary Pell- effrollo /container fee shall mean the one time charge paid, per account, to the
City for each large container and/or rell- offrolloff utilized by franchisees to provide contracted
removal and disposal of V�gcial waste from commercial construction and demolition, renovation
and other similar accounts.
Sec. 11 -5. Franchise not to constitute property right.
No franchise granted pursuant to this Chapter shall be deemed the property of the holder thereof.
Sec. 11 -6. City's power to revoke /terminate franchise, amend regulations.
(a) The City reserves unto itself the power to revoke or terminate all franchises granted
pursuant to this Chapter, to change or limit the rights granted, or to otherwise modify the
franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be
deemed a taking of a property, contract, or other right of any franchisee, it being the express
intention of this Chapter to reserve unto the City, the power, in its sole discretion, to alter the
methods of garbage collection employed in the City, and the manner in which to service garbage
collections delivered within the City.
(b) The City further reserves the power to amend this Chapter from time to time at the sole
discretion of its City c-Commission, and shall not be estopped to do so, notwithstanding the grant
of any franchise or franchises to any person.
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Sec. 11 -7.
F-Fanehises shall be nontransferable. Any attempt to tFmsfer legal, equitable or benefi
interests in f..,.,ehise sha ender it • of .Denial of Franchise.
(a) Should the CitesManager deny an application for a franchise, the manager shall notify the
applicant of such denial by certified mail not later than 14 days after taking such action. The
notice of denial shall contain a statement of the reasons why the application was denied.
(b) Appeal from the City Manager's denial of Franchises shall be as provided under section
11 -15.
(c) The denial, or revocation of a Franchise by the City Manager y be appealed to the City
Commission. The notice of appeal shall be filed with the City Manager in writing no later than
14 days after receipt of the notice of appeal. The City Commission shall either affirm the
decision of the City Manager or direct the City Manager to issue or reinstate the franchise.
Sec. 11 -8. Limitation of contract and Annexation.
(a) No contract for the collection of garbage or trash within the City shall be for a term in
excess of tree -five 5 ears, or contain any provision for the automatic renewal of the contract.
(b) Within 30 days following the date of passage _of any action affecting any annexation or
de- annexation, the City Manager shall notify the franchisees of this action by furnishing the
franchisees maps of the affected area(s), showing the new boundaries of the City.
Sec. 11 -9. Application procedure.
Any person desiring a non - exclusive franchise to collect garbage or trash within the City from
commercial establishments shall file an application with the City Manager. The application shall
be on such form as the City Manager may promulgate, which form shall elicit the following
information and to be accompanied by subDortina documents and such other information as may
be required by the City Manager from time to time
ififefffiatieft:
(1) Name of applicant. The applicant's name, address, and telephone number. In the
case of an applicant having more than one office within the county, the applicant shall designate
a primary office from which accounts in the City will be serviced, and the address and telephone
number of all offices within the county which are supervisory to the office serving the City. If
the applicant is a partnership, joint venture, firm, organization, or corporation, the name(s) and
business addresses of the principal officers and stockholders and other persons having any
financial or controlling (legal or beneficial) of five (5) percent or greater in the
partnership, joint venture, firm, organization, or corporation. Provided, however, that if the
corporation is a publicly owned corporation having more than 25 shareholders, then only the
names and business addresses of the local managing officers shall be required. Idetnify whether
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the applicant or any of its principals ever been declared bankrupt or reorganized under Chapter
11 or put in receivership, and if so, provide the date, court jurisdiction, action taken and any
other explanation deemed necessar.
6 (2) Character of applicant. The applicant for a permit under this section, if an
7 individual or in the case of a firm, corporation, partnership, association or organization, any
8 person having any financial controlling or managerial interest of five percent or greater therein,
9 shall be, of good moral character. In making such determination, the following information,
10 which shall be submitted by applicant, shall be considered:
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12 (A) Penal history. If the applicant is an individual, a record of all convictions
13 of a felony, crime involving moral turpitude, and the reasons therefore shall be provided
14 b the he applicant. If the applicant is other than an individual, then the record of all convictions
15 and the reason therefore of the principal controlling officers of applicant shall be provided.
16 Provided, however, that in the case of a publicly held corporation having 25 or more
17 shareholders, then only the aforementioned information applicable to its local managing officers
18 shall be required. All applicants must submit a Public Entity Crime Form in accordance with
19 section 287.132133(3)(a), Florida Statutes.
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21 (B) Business history. Whether such applicant has operated a solid waste
22 collection — removal business in this or another state under a franchise, permit or license; and if
23 so, where and whether such franchise, permit or license has ever been revoked or suspended and
24 the reasons therefore. A description of the applicant's prior experience in providing solid waste
25 services, and identification of communities in which the applicant has, or has had, solid waste
26 franchises or licenses, or any interest in them. Identify whether the applicant or anyprincipals of
27 the applicant organization failed to qualify as a responsible bidder, refused to enter into a
28 contract after an award has been made, or failed to complete a contract during the past five (5)
29 years. Idetify whether the applicant's surety or bonding company ever been required to perform
30 upon the applicant's (or any of it's principals) default, and if so, identify the name of the
31 company, the date, the amount of the bond and the circumstances surrounding said deficit and
32 performance
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34 (C) Existence of business entit . If qpplicant is a corporation, applicant shall
35 submit proof of incorporation in good standing in the state of incorporation, and, if a foreign
36 corporation, applicant shall provide information certifying that applicant is qualified to do
37 business in the State of Florida. If applicant is other than a corporation and is operating under a
38 fictitious name, applicant shall be required to submit information that such fictitious name is
39 registered and held b t�pplicant. If a partnership, provide the date of organization; whether a
40 General or Limited Partnership *; the name and address of each Partner; and desi ng ate eg neral
41 partners in a Limited Partnership.
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43 (D) Disclosure of actions against business entity. an indication of whether the
44 applicant, or any person controlling the applicant, or any officer, director, or person with five (5)
45 percent or more ownership interest in the applicant, has been adjudicated bankrupt, had a
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1 franchise or license revoked, or been found by any court or administrative agency to have
2 violated a security or anti -trust law.
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5 (3) Equipment and methods of operation. The applicant for a franchise shall op ssess
6 equipment capable of providing safe and efficient service. In making such a determination and
7 approving the method of operation for each applicant, the City Manager shall require the
8 following information:
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10 (A) A complete list of the vehicles and equipment which will be used to
11 service accounts in the City. This list shall include the year, make, model number and license
12 plate number of each vehicle.
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14 (B) A statement that the applicant will use Miami -Dade County ap rp owed
15 facilities for disposing of all solid waste which the applicant collects and removes, or those
16 facilities not owned by the County which have been approved by the State Department of
17 Environmental Regulation.
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19 (C) The names of customers and addresses of each location served.
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21 (D) A summary of the number of cubic yards of solid waste collected weekly
22 based on scheduled service, as of the reporting date, by United State postal service zone
23 improvement plan code (zip code), or other geographic subdivisions of the City as determined by
24 the Cily Manager.
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26 (4) Evidence that proposed franchisee has obtained all required county, state and
27 federal licenses erand permits required to engage in the business of garbage or solid waste
28 collection.
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30 (5) Customer List. The applicant for a franchise or renewal thereof, shall provide a
31 list of existing customers in the City and service levels. The applicant shall indicate the number
32 of years of relevant experience in operating similar business; shall provide the names and
33 locations of places at which applicant has operated a similar businesses, together with dates of
34 operation; and provide, in approximate terms, the longest gross receipts applicant has realized
35 from the operation of services in one year.
36 Evidenee that the proposed ffanehisee has Faade affaagemefAs to dispose A garbage and
37 waste eelleeted by it etAside the Gity limits, in a f4eility designed and heensed for- the disposal of
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40 (6) The name, address, business telephone and home telephone of one or more
41 responsible mManagerial employees who may be contacted by the appropriate City officials in
42 the event of an emergency.
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44 (7) Insurance requirements. The applicant for a franchise shall maintain insurance as
45 specified in this Chapter and shall furnish a public liability policy to the City and also file with
46 the City a certificate of insurance for all policies written in the applicant's name. This certificate
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I shall name the City as an additional insured and shall provide that the policies contain an
2 endorsement requiring that the City shall be furnished within ten (10) days written notice by
3 certified mail, return receipt requested, prior to cancellation or material changes in the policies.
4 Insurance requirements are listed at section 11 -11 of this Code.
5 ,
6 shareholders, pai4ners or- other- per-sons holding any legal or- benefieial interest in the applieafit in
7 the 0 0 of top pe opt
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10 (8) A performance bond in the minimum amount of $100,000.00, as security for,
11 amongst other things, any fee(s) due to the City under the franchise agreement(s), with good and
12 sufficient sureties conditioned upon the compliance of the terms of this Chapter and such form as
13 the City attorney may require. It shall be accompanied by an affidavit of a qualified officer of the
14 entity tendering such bond or guarantee, or by the attorney in fact of such entity, setting forth the
15 amount of capital and the amount of surplus held by such entity as of its last published report,
16 and the date of such report. The limit of surety acceptable from any one risk shall be ten percent
17 of the combined capital and surplus shown by such affidavit. No performance bond, surety bond
18 or other guarantee shall be accepted unless it is signed by a licensed agent of the state as attorney
19 in fact for the entity writing the same and unless the same is written by a properly licensed
20 insurance agent located in the County. The right of rejection of any and all tenders of such surety
21 bonds shall be reserved in all cases, which fact and reservation shall be clearly set forth in the
22 call for bids and specification documents. The City Attorney shall cause each such surety
23 tendered to the City to be reviewed to determine whether the entity or agency making such
24 tender is qualified to meet the obligation to be assumed, and shall recommend the rejection of
25 any such tender from any entityagency not found to be fully qualified. Notwithstanding the
26 foregoing, the City Attorney may accept, in lieu of a performance bond, a cashier's check, an
27 irrevocable letter of credit drawn upon a local bank, or cash, upon a finding that the City's
28 interests would be protected by such acceptance.
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30 (9) The completed application shall be submitted to the City. Upon receipt of a
31 completed application, the City Manager, or designee, shall review the application and, if
32 satisfactory in all respects, and after payment of the required application fee shall process the
33 application.
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35 (10) The pplicant shall file an affidavit or declaration by an authorized officer
36 certifying the truth and accuracy of the information in the application, acknowledging the
37 enforceability of the application commitments and certifying that the application meets all
38 federal, state and local law requirements.
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40 (11) All material statements and declarations made in the franchise application shall be
41 incorporated as conditions of the franchise.
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43 Sec. 11 -10. Fees; reporting requirements.
44
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(a) Franchise fee. It shall be unlawful for M private hauler operating in the City to either
collect, remove, or transport from properties in the City solid waste for disposal without payment
of a solid waste franchise fee to the City.
(1) Annual fee:
(A) In- er-lerto eempensate- the -City for a of its stfe ts, alleys, r-v rys
and other- r peft ,, an.d f < o and tear -, eBe ig nning on November 1, 2007, each and eveg aeh
franchisee shall pay the City an annual fee of five thousand dollars ($7 -5,8500.00, with such fee
being increased by $500.00 per year, beginning October 1, 2008. ). In addition, effective
November 1, 2007, all city- franchised commercial solid wste haulers will be required to pay to
the City a franchise fee of tl}e -femme f twent�-(259)
percent of the franchisees' total monthly gross receipts from accounts within the City serviced by
franchisee.
B) 'Beginning on November 1. 2007. each and every franchisee whose
primary business is limited to soid wste that requires special handling and management shall pay
an annual specialized waste handling permit fee in the amount of $1,000.00 for the right to
provide only pecialized wste handling services within the city limits. If a franchisee is
providing only pecialized waste handling services within the city, then annual franchisee fee
will increase by $500.00 per year, beginning October 1, 2008.
(C) Certified recovered materials dealers excluded from local franchise
requirements pursuant to section 403.7046, Florida Statutes, shall be required to pay a
registration fee as determined by the Citv Manager for an annual period which will beain
(22) This fee shall be in addition to any occupational license taxes, or permit fees
levied by the City upon the franchisee's business activities.
(b) Vehicle registration fees. Each and every franchisee shall pay, in addition to the fees
imposed by this article, an annual vehicle registration fee which shall be in the amount of $25.00
for each vehicle shown on the list required to be submitted as part of the application. This fee
shall apply to renewals of registration as well.
(c) Permit per account fee
(1) Franchisee agrees to remit to the City a permit per account fee of $50.00 for each
account contracted with of which no more then $30.00 may be passed on to the commercial
business.
(db) Reporting requirements; fee for underpayment of 11 -10 (a,) through (d) .
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(1) Each franchisee, by accepting the franchise, shall agree to deliver to the City
finance department a true and correct statement of gross receipts generated during the previous
month from its services rendered within the City on or before the last day of each month.
Payments of all applicable fees identified at 11 -10 (a) through d) shall be made on a monthly
basis to the City finance department on or before the last day of each month, representing gross
receipts collected the previous month. The franchisee shall on or before X30) days
following the close of each fiscal year deliver to the director a statement of its annual gross
receipts generated from accounts within the City prepared by an independent certified public
accountant reflecting total gross receipts within the City for the preceding fiscal year. The
peFmitteesfranchisees will allow City auditors, during regular business hours after reasonable
notice, to audit, inspect, and examine the pefm 4eesfranchisees' fiscal books and records and tax
returns, insofar as they relate to customer Git�--accounts within the City, to confirm the
permi#eesfranchisees' compliance with this section. The City may in�jpect the franchisees billing
rates, billing amounts and account receivables. The franchisee shall maintain its records in such
a manner as to clearly distinguish between revenues derived from operations in the City and such
revenues derived from operations in other jurisdictions. Additionally, City auditors may
communicate directly with customers of the franchisee for the purpose of confirming compliance
with this section. City auditors may inspect the franchisee's fiscal books and records, and state
and federal tax returns as related to the City accounts. Franchisee shall keep complete and
accurate books of accounts and record of business and operations in accordance with e� nerally
accepted accounting rp inciples for a period of three (3)
(2) In the event the pefmigeefranchisee fails to pay the full franchise fee percentage
of the pefmi franchisee's total monthly gross receipts, the fee shall bear interest at the rate of
one and a half (1.5) percent per month on the outstanding balance until paid and additionally the
peEmAteefranchisee shall have to pay all expenses of collection, including court costs and
reasonable attorneys fees.
(32) Each franchisee, by accepting the franchise, shall agree to make its books and
records available to the City Manager, or the City Manager's designated representative for
inspection or audit during normal business hours, upon receipt of " eight ( 8) hours' written
notice.
(34) If any audit or examination discloses an underpayment to the City greater than
t"eaty420) percent of a required payment, in addition to payment of the underpayment, the
franchisee shall pay for the expenses of the audit and a penalty equal to three (3) times the
underpayment.
(e�e) Information required ofpeHnimeesLranchisees.—
(1) At least annually, but not more frequently than quarterly, as determined by the
dDirector, each pefmi shall supply the following information on a form and in the
manner prescribed by the director:
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(A2) A listing, as of the reporting date, of the names and addresses of
customers, the addresses of each location served, and schedule of rates charged by the
penni4eefranchisee. For each customer on the list, the franchisee will indicate the following:
(i) whether the Customer served is a multi - family residential
establishment or commercial establishment;
(ii) whether the service provided in solid waste collection recycling or
a combination of both,
(iii) a listing . of those materials being_ recycled at each customer
location; and,
(iv) the names of a customer contact person who can provide additional
information regarding the he rec clog program.
(B) A summary of the number of cubic yards of solid waste collected quarterly
based on scheduled service, as of the reporting date.
(C) •A summary of the number of tons and/or cubic Yards of recyclable
material collected and marketed quarterly, on a schedule and format prescribed by the City
Manager.
(2) It is the responsibility of the franchisee to notify the City of any threatened or
actual violation of any regulatory agency or board, whether federal, state, or county; or any
administrative agency thereto. The failure to notify the City of any threatened or actual violation
would then constitute a default under the terms of the franchise requirements of this Chapter.
Sec. 11 -11. Insurance and Indemnification.
(a) Each franchisee shall maintain not less than the following insurance:
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OP-
Sec. 11 -11. Insurance and Indemnification.
(a) Each franchisee shall maintain not less than the following insurance:
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- Comprehensive general liability
$1 -3,000,000
Property damage
1,000,000
Automotive liability
1,000,000
Workmen's compensation
As required by law
Completed operations
1,000,000
(b) Each policy shall name the City as an additional insured and each franchise shall deliver
to the City the certificate or certificates of insurance evidencing the existence of the policies.
Each certificate shall provide that the City will be afforded a 30 -day written notice, issued via
certified mail, return receipt requested, in the event of the cancellation, nonrenewal or material
change of any of the policies for any reason. The insurance shall only be written by companies
rated not less than B +: VI according to the most recent issue of Best Insurance Rating Guide.
The certificate shall be submitted with a cover letter addressed to the City from the franchisee's
insurance agent or agents stating that they have read the provisions of this section and that the
insurance provided meets the minimum requirements hereof.
(c) The insurance shall contain the following endorsement:
In addition to the coverage stated in the body of the policy, the policy shall
indemnify and hold harmless the City, its officers, agents and employees from all
claims for bodily injuries to the public in and up to the amount of $13,000,000.00
for each occurrence and for all damages to the property of others in and up to the
amount of $1,000,000.00 for each, including costs of investigation, all expenses
of litigation, including reasonable attorney fees and the cost of appeals arising out
of any such claims or suits because of any and all acts of omission or commission
by the franchisee, his agents, servants, or employees, or through the mere
existence of the project under contract.
(d) All such policies shall be on an occurrence basis rather than a claims -made basis.
(e) The franchisee shall secure and maintain policies of its subcontractors. All policies shall
be made available to the City upon demand. The franchisee shall be responsible to the City for
the acts and omissions of any subcontractor or persons employed by them.
(f) The insurance requirements shall not be construed as imposing upon the City or any
official or employee thereof any liability or responsibility for injur to o any person or propertYby
the insured, his agents or employees. Moreover, the policy clause "other insurance" shall not
apply to the City where the City is an insured under the policy_
(g) The franchisee shall pay _premiums and assessments. A company which issues an
insurance policy has no recourse against the City for payment of a premium or assessment, and
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1 the same shall be the sole responsibility of the franchisee insurance policies obtained by
2 contractor must provide that the issuing company waives all right of recover by waof
3 subrogation against the City in connection with damage covered by the policy.
4
5 (h) Indemnification. The franchisee shall, at its sole cost and expense, indemnify, hold and
6 defend the City and its officers, directors, agents, servants, employees, successors, and assigns
7 harmless from and against any and all claims, suits, actions, damages and causes of action for
8 personal injury death or property damage, any losses, attorneys' fees, witness fees, court costs
9 and the reasonable value of any service rendered by any officer or employee of the City, and any
10 orders, judgments or decrees which may be entered which arise or are alleged to have arisen out
11 of, in connection with or attributable to, franchisee's maintenance of operations of its solid waste
12 commercial services or business, excepting only those claims resulting from org ss negligence of
13 the City. The franchisee shall undertake at its own expense the defense of any actions which
14 may be brought against the City for damages, injunctive relief or for any other cause of action
15 arisin or r alleized to have arisen out of, in connection with or attributable to the foregoing, and,
16 in the event an y final judgment therein should be rendered against the Ci y resulting from the
17 foregoing, the franchisee shall promptly pay the final judgment together with all costs relating
18 thereto, the franchisee being allowed, however, an appeal or appeals to the appropriate court or
19 courts from the judgment rendered in any such suit or action upon the filing of such supersedeas
20 bond as shall be required to prevent levy or judgment against the Cites such uch appeals.
21
22 (i) Nothing in this section shall prohibit the City from participating in the defense of any
23 litigation by its own counsel and obtaining indemnification of the reasonable costs associated
24 therewith if the reasonable belief of the City, there exists or may exist a conflict, potential
25 conflict or appearance of conflict.
26
27 (i) The City Manager shall provide prompt written notice to a franchisee of any claim for
28 which the City seeks indemnification. The franchisee shall have the right to investigate, defend
29 and compromise these claims subject to prior Cityapproval. Failure of the City provide
30 written notice shall not waive the requirement of subsection (h), above.
31
32 (k) The franchisee shall provide proof to the City of compliance with this section no later
33 than 30 days from the date of approval of franchise application. Failure to provide the Cit with
34 proof of insurance within the presecribed time period will render the franchise agreement null
35 and void without further action by the City.
36
37 Sec. 11 -12. Service standards.
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39 All garbage and solid waste collection service provided within the City shall meet the following
40 minimum requirements:
41
42 (1) All solid waste or garbage collection shall begin no earlier than 7:00 a.m.
43 Collection shall cease no later than 6:00 p.m. In case of an emergency, collection may be
44 permitted at other times provided that the contractor has received prior approval from the City
45 Manager, to be later evidenced by a written memorandum confirming the approval. Should the
46 franchisee not confirm and obtain in writing the approval to operate on an emergency basis it
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I shall be presumed that the franchisee did not obtain such approval. Franchisee shall conduct
2 operations under the franchise in compliance with all applicable laws and shall comply with the
3 City's Ordinance governing the time and frequency of solid waste collection and removal.
4
5 (2) All trash or solid waste collected within the City shall be transported to an
6 appropriate license dump or transfer or receiving station located outside the City limits. No
7 transfer station or the facility for the temporary storage of garbage or solid waste other than the
8 receptacles at the premises serviced shall be permitted within the City.
9
10 (3) No vehicle used for the collection of garbage or solid waste shall be permitted to
11 be parked, stopped or stored within the City except for the time reasonably required to empty
12 garbage or solid waste containers at the premises being served or to comply with traffic laws.
13 The franchisee shall be responsible for the maintenance of all garbage collection equipment,
14 garbage or trash containers or dumpsters in a clean, sanitary manner. All equipment shall be kept
15 in good repair, neat appearance and in a sanitary and clean condition at all times. The franchisee
16 shall have available reserve equipment that can be put into service within two hours of any
17 breakdown. Such reserve equipment shall be of adequate size and capacity in order for
18 franchisee to perform its contractual duties. A list of the franchisee's equipment shall be given to
19 the City at the time of each annual audit. The franchisee shall have on hand at all times
20 sufficient equipment in good working order to permit franchisee to perform its duties under this
21 Ordinance fully, adequately, and efficiently. Equipment shall be purchased or manufactured
22 from nationally known and recognized manufacturers of garbage collection and disposal
23 equipment.
24
25 (4) Equipment is to be painted uniformly with the name of the franchisee, business
26 telephone number and number of the vehicle in letters not less than two inches high on each side
27 of the vehicle. All vehicles shall be numbered and a record shall be kept of the vehicle to which
28 each number is assigned. No advertising shall be permitted on vehicles, except of events
29 sponsored by the City.
30
31 (5) All containers used for the purpose of storing garbage shall be emptied not less
32 often than two (2,htimes weekly, or more often as the City Manager determines that the health
33 and welfare public requires additional pick -ups. Pick -ups shall be as evenly spaced as possible.
34
35 (6) The franchisee shall be responsible for the condition of all containers provided for
36 the storage of garbage or solid waste. All containers used for the storage of garbage or solid
37 waste shall be sanitized and otherwise maintained on a regular basis.
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39 (7) Each garbage can, dumpster, or other container for the storage of garbage shall be
40 of such design as to prevent the infestation of the container by insects or vermin.
41
42 (8) Each franchisee shall be responsible for determining the type of garbage or solid
43 waste generated by its customers and assuring the proper disposal of the garbage or solid waste.
44 By way of example, franchisees servicing medical offices or buildings containing medical
45 offices shall be responsible for assuring that the used bandages, dressings, needles and the like
46 are disposed in a manner appropriate for such items.
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2 (9) Each franchisee's solid waste collection employee shall wear a uniform shirt
3 bearing the company's name. The franchisee shall furnish to such employee an identifying badge
4 not less than two and a half inches in diameter with numbers and letters at least one inch high,
5 uniform and type. Employees shall be required to wear such badges while on duty. The
6 franchisee shall keep a record of employees names and numbers assigned. The franchisee shall
7 provide, at its expense, a suitable office located within close proximity to the eCounty where
8 telephone complaints shall be received, recorded and handled during normal working hours of
9 each week and shall provide for prompt handling of emergency complaint along with the special
10 emergency complaints or calls.
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12 (10) Each vehicle operator shall, at all times, carry a valid driver's license for the type
13 of vehicle that is being driven.
14
15 (11) The franchisee shall assure that its employees serve the public in a courteous,
16 helpful and impartial manner. The franchisee's collection employees will be required to follow
17 the regular walk for pedestrians while on private property. No trespassing by employees will be
18 allowed, nor crossing the property of neighboring premises unless residents or owners of both
19 properties shall have given permission.
20
21 (12) The franchisee and its collection employees shall take carerar° shall be take to
22 prevent damage to property including, but not limited to, garbage cans, carts, racks, trees, shrubs,
23 flowers and other plants. The franchisee agrees to repair all property, public or private, altered
24 or damaged by it, its agents or employees in the performance of its services under the franchise
25 in as good or better condition as it was before being damaged or altered.
26
27 (123) Franchisee shall notify all customers in writing about complaint procedures, rates
28 and regulations. A copy of the procedures and any amendments or updates shall be provided to
29 the City. The franchisee's office shall remain open Monday ugh Friday from 9:00 a.m. to
30 5:00 p.m. for the purpose of handling complaints; and for that purpose there shall be maintained
31 an adequate number of telephones and a responsible person in charge during the hours specified
32 above. These requirements to not appl to o legal holidays.
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34 (134) Except for servicing of dumpsters and servicing construction sites, a franchisee
35 that contracts for servicing of any property shall provide garbage collection service and all
36 related services required by the property.
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38 (15) The franchisee, its employees or agents shall not litter premises in the process of
39 making collection, but shall not be required to collect any waste material that has not been placed
40 in approved containers or in a manner required under this Ordinance. During ag, all solid
41 waste shall be contained, tied, or enclosed so that leaking, spilling or blowing away of the waste
42 is prevented. In the event of spillage by the franchisee, the franchisee shall promptly clean 0
43 the litter.
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46 Sec. 11 -13. City Manager to promulgate regulations.
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2 (a) The City Manager shall. be authorized to promulgate rules and regulations as he or she
3 may deem appropriate to effectuate the requirements of this Chapter and to assure that garbage
4 and trash collection in the City is performed in a manner as to promote the health, safety and
5 welfare of the residents of the City.
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7 (b) In promulgating regulations, the City Manager shall consider the best available
8 technology for the collection of garbage and solid waste and require the use of such technology
9 as is prudent and feasible. The City Manager shall also consider the nature of the establishment
10 and particular level of services required.
11
12 Sec. 11 -14. Schedules and routes.
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14 (a) The City reserves the power to deny a franchisee's vehicles access to certain streets,
15 alleys and public way inside the City in route to the disposal site where it is in the interest of the
16 general public to do so because of the condition of the streets. A franchisee shall not interrupt the
17 regular schedule or quality of service because of street closures less than eight hours in duration.
18 The City shall notify the franchisee of street closures of longer duration and arrangements for
19 service will be made in a manner satisfactory to the franchisee and the City. Customers shall
20 receive reasonable notification of the schedules provided by the franchisee prior to
21 commencement of service. Notification, material, methods and frequency of delivery shall be
22 approved by the City. Only local truck routes shall be used in transit, unless specifically for the
23 purpose of collection.
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25 (b) Storm. In case of a storm, the City Manager or his designee may grant the franchisee a
26 reasonable variance from regular schedules and routes. As soon as practicable after a storm, the
27 franchisee shall advise the City Manager and the customer of the estimated time required before
28 regular schedules and routes can be resumed.
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30 (c) Force majeure. The performance of any act by the City or franchisee may be delayed or
31 suspended at any time while, but only so long as, either party is hindered in, or prevented from,
32 performance by acts of nature, war, rebellion, strikes, lockouts or any other cause beyond the
33 reasonable control of the affected person.
34
35 (d) Nothing in this Ordinance shall be construed as a surrender by the City of its right or
36 power to pass ordinances regulating the use of its streets in accordance with the City's police
37 powers or property rights.
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39 (e) The City reserves the right to adopt ordinances regulating the services provided under
40 this Ordinance.
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42 Sec. 11 -15. Termination/Revocation of Franchise.:
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44 (a) In addition to its other powers pertaining to any franchise, the City reserves the power to
45 terminate /revoke the franchise upon a finding of the director that a franchisee has failed to
46 comply with one or more of the requirements of this Chapter.
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2 (hl) Prior to making a finding of a violation of this Chapter, the Dir-eaerCity
3 Manager, or designee, shall notify the franchisee in writing of the deficiency and provide the
4 franchisee an opportunity to dispute the direetorlsfindings of a violation. The dir-e m—CiI3,
5 Manager shall provide the franchisee an opportunity for an informal hearing, if requested within
6 X14 days of receipt of the deficiency findings.
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8 _(e) Noy payment of the fr-an hire° of fees o f ;1,,,-° to file the required repe,.t shall be
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11 (b) Termination/Revocation of Franchise. The following shall constitute cause for
12 termination or revocation of a solid waste franchise by the City Manager:
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14 (1) the violation of any of the provisions of the ordinance of the City of the Code of
15 Miami -Dade County which violation endan erg s the public health, safety or welfare; or
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17 (2) the violation of any terms or conditions of the franchise, including but not limited
18 to the timely filing of all reports required by the City Manager-, or
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20 (3) the failure to promptly —pay the franchise fee provided for under this Ordinance.
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22 (c) Notwithstanding the notice provisions under 11 -15(a) above, non - payment by the
23 franchisee of fees within the prescribed time periods shall be grounds for termination after five
24 (5) days' written notice, without hearing
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26 (d) The City Manager may revoke a franchise for a violation or violations. Upon a
27 determination by the Cily Manager that a franchise shall be revoked the affected person shall be
28 provided with written notice of such revocation and the reason therefore. Upon receipt of such
29 notice, the affected person may appeal the revocation.
30 (d) Affimy deeision ef the direeter- tmder- this seefien, with the eyeeptien of paragraph (e), may
31
32 appeal should be filed in Nwiting Y44h the dir-eeter no more than ten days a-fter- feeeipt of vffi
33 ,,,1 iee that the f ,.,ehis°° is terminated.
34
35 (ee) The City Manager shall set the date and time for hearing the appeal. The hearing shall be
36 held not less than 14 or more than 60 days after receipt of the notice of appeal. The City Manage
37 Commissionor- his deli .., °° shall either affirm the decision of the teeter -City Manager or direct
38 the CitLManager to issue or reinstate the franchise, with or without conditions.
39
40 Sec. 11 -16. Specialized Solid Waste and Hazardous, Biohazardous Waste Contractors
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42 (a) Specialized Solid Waste — Rolloff Containers
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44 (1) Except as provided elsewhere in this Chapter, no person shall engage in the
45 business of removing or r disposing of construction debris or large quantities of trash from any
46 premises within the City limits without first securing a license for such activities from the City
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Manager by paying the associated license fee and without showing proof of insurance as required
in section 11 -11. However, a franchise waste contractor shall not be required to obtain a separate
license to service rolloff within the City. No rolloff container or construction dumpster shall be
placed or located within the City limits without an issued permit by the Building Department,
and as approved by the City Manager. Rolloff or construction dumpsters are to be used for the
removal of construction debris, renovation and demolition material, or for the removal,
collection and disposal of large quantities of bulk waste. Rolloffs and construction dumpsters
shall not be used for the removal of garbage or commercial solid waste.
(2) No rolloff container or construction dumpster shall be placed or located within the
City limits without a permit from the City Manager.
(3) The permit fees and requirements for rolloff waste container contractors shall be
as follows:
(A) On- Street permit fee. When the rolloff is to be located on the street, the
permit fee shall be 16 percent of the licensee's total monthly gross receipts for the month in
which the permit was issued and every month thereafter that the permit is valid. Fourt barricades
with flashing lights shall be posted. In addition, when the rolloff is tob e located in parking
metere spaces, an additional fee shall be required, for a per meter, per damage. The use of
barricades is mandatory.
(B) Off - Street permit fee. When the rolloff is to be located inside rp ivate
property lines, the permit fee shall be 16 percent of the licensee's total monthly gross receipts for
the month in which the permit was issued and every month thereafter that the permit is valid.
(C) List of accounts. The licensed rolloff waste contractor shall provide the
City Mnaager and the Public Works Director with a current list of the names and addresses of
each account, upon initial application and upon application for renewal of its business license,
the frequency of service, the permit number and capacity of each rolloff container or
construction dumpster. NO property owner may share an account with another property owner.
The licensed contractor shall notify the City Manager in writing on a monthly basis of any
changes in its list of accounts.
(D) Monthly report. The licensee shall deliver to the Finance Dand the City
Manager a true and correct montly report of gross receipts generated during the previoius month
from accounts within the City on or before the last day of each month. This detailed montly
report shall include the customer names, service addresses, account numbers and the actual
amount collected from each customer. Payments of the fee shall be made montly to the Finance
Director, on or before the last day of each month, for gross receipts of the previous month. The
licensee shall, on or before 30 days following the close of its fiscal year, deliver to the Finance
Director and the City Manager a statement of its annual gross receipts generated from accounts
within the City certified by a certified public accountant reflecting_ gross receipts within the City
for the preceding �year.
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(E) Audit or inspection of licensee's books and records. The licensee shall
allow the City Auditors at any reasonable time after reasonable notice to audit, inspect and
examine the licensee's fisceal books and records and state and federal tax returns, insofar as they
relate to City accounts, to confirm the licensee's compliance with this section. This information
shall include, but not be limited to, the following: billing rates, billing amounts, and accounts
receivable. Additionaly, the City's auditors may communicate directly with customers of the
licensee for the purpose of confirming_ compliance with this section.
(F) Failure to pay permit fee.
(i) If the licensee fails to timely pa the full permit fee as set forth
above, the licessee shall pay any and all of the City's expenses for collection of the fees,
ncluding, but not limited to, court costs and reasonable attorney's fees. If the licensee fails to
pay the full permit fee on or before the last day of each month, a late payment penalty shall b
edue, and interest shall accure on the amount due at the highest lawful rate of interest per annum.
(ii) Additionally, code enforcement pursuant to section 2 -25, of the
City's Code of Ordinances may issue a notice of civil infraction to the property owner and
Contractor /licensee for failure to obtain a permit before placing a rolloff or construction
dumpster within City limits.
(G) Evidence of payment. In order to effectively provide for the collection of
the permit fee by the licensees to the City, any person seeking to renew his annual business
license shal provide to the Finance Director and the City Manager evidence of payment of all
outstanding_ permit fees, fines, and other chanrges as a condition to reissuance or renewal of the
business license.
(b) Hazardous and Biohazardous Waste Contractors
(1 ) Except as provided elsewhere in this Chapter, no person shall engage in the
business of removing disposing or collecting any hazardous or biohazardous waste from any
premises within the City limits without first having secured a business license for such activities
from the City Manager by paving the business license fee required and by showing proof of
insurance as required in section 11 -11 and proof of required state licenses and fees.
(2 ) Requirements and fees. To obtain the license required herein, the contractor
must give the City Manager a list of all his accounts within the Cit sag whether there is hand
collection of bags or collection by dumpsters, frequency of service per week, and a description of
services. After an inspection of the location where the account is going to be services and
approval of the location by the City Manager, a biohazardous waste permit, valid for one fiscal
year, will be issued by the City Manager. The permit is not transferable. Disposal of hazardous
or biohazardous waste shall not be placed in ag rbage cans, containers or dumpsters for routine
collection. Substances in this class shall be segregated and disposed of as provided by
andfederal law and in accordance with the procedures set for in chapter 17 -7 of the Florida
Administrative Code, which prohibits the deposit of this type of waste in a sanitary landfill.
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Section 11 -.17 Enforcement and administrative fines.
(a) Collection standards; penalty for violation.
(1) All work relative to the collection and removal contemplated in this Chapter shall
be performed as scheduled an in a complete workmanlike manner. The franchisee shall properly
service all clients by placing all commercial waste containers in their proper locations in a litter -
free and sanitary condition.
(2) Trucks utilized by private solid waste haulers /collectors as waste collection
equipment shall consist of leak proof and enclosed bodies with compactors and sanitizing
materials in each truck.
(3) In all cases in which solid waste, special waste, garabage or trash is removed and
disposed of by persons other than employees of the City's Public Works Deparment, it shall be
unlawful for the private collector, franchisee, to remove the solid waste, special waste, garbage,
or trash from any-premises in the City; or to transport the items through the streets, alleys, public
ways of the City; or to dump, incinerate, or in any other manner dispose of the items originating
with the City, or contract for or permit to be employed or engaged for the removal, transportation
or disposal services without first having secured a franchise permit for such services from the
City, and having paid the applicable franchise fee.
(4) Overflowing rolloffs are prohibited. The City Manager, or designee, shall have
the power to order the removal by the franchise owner of all overflowing rolloffs. The City
retains the right to restrict the location of any rolloff container or rolloff compaction container in
order to ensure the public's safety and to prevent traffic hazards.
(5) Rolloff containers. It shall be unlawful for any person to place, or allow the
placement of any rolloff container for the purpose of construction debris disposal on a premise in
which they own, rent, occupy, or control without first having obtained a building_ permit for
construction associated with the premise. A rolloff container shall be placed only in a driveway
or a parking area on an approved surface. A permit for the placement of a rolloff container shall
be required.
(ab) Any person who has not strictly complied with the provisions of this Chapter shall be
subject to the enforcement procedures provided in this section:
(1) In the event of a violation, the Code Enforcement Officer or any other person
designated as a code enforcement officeLb h Qt , �,.°,. shall notify the alleged violator in
writing and give him or her a reasonable period of time to correct the violation. If the alleged
violation continues beyond the time specified for correction, the officer shall issue a notice of
civil infraction in compliance with section 2 -25, of the City's Code of OrdinancesCity Manager-
shall
violator- may request a hearing v44h the City Managen All hearing requests must be made i
Wig.
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ft) Administrative fines shall be imposed in accordance with the City's Code Enforcement
Fine Schedule, found at section 2 -25, of the City's Code of Ordinances, pursuant to the Schedule
of Fines contained therein, as amended from time to time. f llo:,A ag sehe ule:
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1I
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\ I
MUM Mr.m.
Mrmwpff
own
ft) Administrative fines shall be imposed in accordance with the City's Code Enforcement
Fine Schedule, found at section 2 -25, of the City's Code of Ordinances, pursuant to the Schedule
of Fines contained therein, as amended from time to time. f llo:,A ag sehe ule:
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MUM Mr.m.
ft) Administrative fines shall be imposed in accordance with the City's Code Enforcement
Fine Schedule, found at section 2 -25, of the City's Code of Ordinances, pursuant to the Schedule
of Fines contained therein, as amended from time to time. f llo:,A ag sehe ule:
23
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1I
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ft) Administrative fines shall be imposed in accordance with the City's Code Enforcement
Fine Schedule, found at section 2 -25, of the City's Code of Ordinances, pursuant to the Schedule
of Fines contained therein, as amended from time to time. f llo:,A ag sehe ule:
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1 �. Failiffe to remove raw or- pr-deesseR or-ganie VVCrsGTYiGe
2 establishmeit....75-08
3
4 7 . Fail ,r° to maintainpreperty, sidewalk, alley, a* W„r ,.,,b lie r-igl-
5 50.00
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7 8. Comizer-eial eentainefr yieiuivr�5 0.0
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9 o i atf rtEieii number- appr-eved ievctaeles.. 50 .00
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11 10. T r..,een4aiaer -iced gaibage -er fniseellaneeutfash in meeptaele -ar a.... 75.00
12
13 11. Unauthorized dispesa4 of garbage or- tfash of other- v�� materials eensisfifig 0
14 ind -ust6 ,, and i.tdky waste or- etier meAe material.... 5
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16 12. Disposal of tfash or- other- waste materials plaeed in right of way at other- th
17 authorized time.... 5-00
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19 13. lne from a nenmeter-ized .,>>.,°.,,,.. °„+;t.. (i.e., ,a„ ii..
20 ... 75.00
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22 14. Failufe of a refuse eelleetien fifm to obtain or- maintain a ffanehise while
23 providing eelleetien-sefviees.... 500.00
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25 aminega d„m „;ng ffem a-a automobile.... 7500
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27 16. Illegal dtunping aeaeommefeial vehiele.... 25 nn
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29 17. illegal dumping from ., , ee ereW vehiel ....
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31 18 image deposited atmiaid site for waste.... 150.00
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33 19. Use of neighbor-hood btdky waste tfansfer- station ereial- establishfflent.—
34 X00.00
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36 20. impeding, sa4vagn , and vandalism of bulky waste miaidtunp site.... 250.00
37
38 21 Tr.,sh not eontainer-iz° e�75.00
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40 22. UnatAhor4zed bulky y rite on right - ef -w 75.00
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42 23. Garbage net eentaineriz °e1. . 7500
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44 24. Litter ep preri ° . , ..50.00
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46 25 c „rvea eentain .... 100 .00
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(de) Fines are due and payable by the violator- within ten days of reeeipt of the deeision of
Fines imposed by the City, and the cost of any corrective work by the City, shall
constitute a lien with equal rank and dignity as a special assessment lien.
(gd) In addition to other remedies provided to the City in this Chapter, the City may seek
injunctive relief to correct a violation or to require compliance with the requirements of this
Chapter, and the City may seek damages to recover the cost of corrective work by the City.
These remedies are cumulative and an action seeking a specific remedy shall not be construed as
an election of remedies or a waiver of other remedies available to the City.
Sec. 11 -18 -7. Municipal collection service.
Each franchised collection firm shall provide containers and waste collection service to the City
at the locations and in conformance with the criteria established in this section. The waste
collection services for the City locations shall be performed at no cost to the City and shall be
borne equally by the franchised collection firms.
Container information.
TABLE INSET:
Service location
Container type
Quantity
Frequency of service
Public works
2 cubic yds.
2
3
City hall
2 cubic yds.
1
5
C.A.A.
2 cubic yds.
1
5
Palmer Park
2 cubic yds.
2
5
Murray Park
2 cubic yds.
2
5
Sec. 11 -195. Preparation of refuse.
(a) Domestic garbage shall be drained and wrapped in a newspaper, paper bag or plastic bag
before depositing in the refuse container.
(b) Domestic trash, other than grass, hedge clippings, leaves, branches and vines shall be
placed in containers or bundled in lengths of four (4) feet or less and {have a] weight of no more
than X50) pounds.
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(c) Commercial garbage shall be drained and placed in paper or plastic bags before
depositing in the refuse container. Plastic, metal or glass food containers shall be drained of
excess fluids and wrapped in the same manner as or together with the garbage.
(d) Commercial 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.
(e) Newspapers shall be separately bundled by being placed in craft bags, cardboard boxes or
tied securely with rope or cord in bundles not exceeding X503 pounds each.
(f) Notwithstanding anything else contained in Chapter 11 of this Code of Ordinances,
aluminum and bimetal beverage cans, glass food and beverage containers shall be segregated
from all other solid waste material by residential refuse customers. Aluminum and bimetal
beverage cans and glass food and beverage containers shall be placed in household recycling
containers, originally provided by the City. The containers shall remain the property of the City,
and shall be replaced only upon payment of the fee established by the City for such replacement.
"Aluminum and bimetal beverage cans" shall mean aluminum and bimetal alcoholic and soft
drink cans only. No other cans, foil, or other metals shall be included. "Glass, foods, and
beverage containers" shall mean whole glass jars and bottles designed to contain grocery items
such as, but not limited to, ketchup, mustard, pickle, and mayonnaise jars, soft drink, beer, wine,
and liquor bottles and medicine bottles. Removal of labels, caps or neck rings is not required.
Glass should be reasonably free of food and beverage residue. No window glass, mirror glass, or
other glass shall be included.
Sec. 11 -2013. Refuse containers.
(a) Automated domestic garbage containers. The automated domestic garbage containers
shall be provided by the City. The bottom of the containers shall be lined with paper or plastic
liners of sufficient strength and texture to prevent leakage and spillage provided by the owner or
tenant using such container. No oil drums shall be allowed. The owner or occupant of the unit
being serviced shall be responsible for the maintenance of the container. All containers shall be
maintained in good condition, including cleanliness and repair.
(b) Domestic trash containers. Each residence shall provide two (2) containers of a
capacGity of not more than thirty (30) gallons each. Such containers shall be constructed of
galvanized metal or plastic and shall have tight lids and be rodent proof. No resident shall have
more than two (2) containers for trash collection.
(c) Commercial refuse containers. Each commercial tenant or establishment shall provide a
minimum of two (2) 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 11 -18 paragraph (c) of this Chapter
prior to depositing into containers. The capacity and type of container used shall be determined
by the City Manager.
26
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I (d) Approval of containers. All containers used within the City limits shall comply with the
2 requirements of this Chapter subject to the inspection of the City Manager. The owner of
3 containers determined to be unsafe or unsanitary will be notified to dispose of or render safe or
4 sanitary such containers. Failure to comply will result in such containers being collected,
5 disposed of or rendered safe or sanitary by the City and returned to the owner. The owner will be
6 charged a fee to cover all costs of labor and materials required to correct any violations. The
7 owner of containers determined to be not of the approved type shall be notified and required to
8 correct such violation. Failure to comply will result in the City furnishing approved containers
9 whenever feasible. A fee will be charged for the use of such container in accordance with section
10 11 -23 of these regulations.
11
12
13 Sec. 11-210. Storing of refuse.
14
15 No owner, tenant or lessee shall permit the storing of refuse upon his premises, except in
16 containers as herein approved of sufficient capacity to hold three (3) days' accumulation of refuse
17 in residential and commercial areas of the City or shall permit refuse to be scattered from such
18 premises into the public streets or alleys of the City. Where putrescible waste is stored in
19 commercial containers, such containers shall be sanitized by chemical application after each
20 collection to prevent odors, or refrigeration techniques may be utilized to prevent odors. All
21 refuse container, commercial containers, solid waste containers, regardless of whether there is
22 putrescible waste, shall , n he ee �r° shall be closed at all times, except when loaded or
23 unloaded. Commercial containers shall be washed at least twice a year, or more frequently; they
24 shall be repaired to maintain safe, sanitary and odor -free conditions. The area around any
25 container shall be kept free of debris and litter. Refuse enclosures shall be provided per section
26 20 -3.6 (R) of the land development code.
27
28
29 Sec. 11 -221. Extent of service and points of collection.
30
31 (a) Domestic garbage. Garbage containers are hereby required to be placed at curbside, and
32 facing the street, at least five (5) feet from parked cars, poles, fire hydrants, mailboxes or other
33 obstacles or at location designated by City Manager or public works director. Garbage containers
34 are hereby required to be placed at the collection point as early as 7:00 p.m. the night before the
35 pick -up and not later than 7:00 a.m. the day of pick -up. Such containers shall be removed from
36 public view within twenty -four (24) hours after the scheduled collection day. Containers may not
37 be placed at locations other than stated above. Those containers and locations not approved will
38 not be picked up. Containers in approved location will be emptied twice each week.
39
40 (a -1) Emergency conditions. Whenever strike, natural calamity, or other emergency shall
41 occur, the City Manager may invoke the following emergency conditions for a period of thirty
42 (30) days by written notice mailed to all domestic garbage customers:
43
44 (a -2) Domestic Garbage. Garbage containers are hereby required to be placed at the front
45 property line or curb on the day of scheduled collection. Such containers shall be removed from
46 public view within twenty -four (24) hours after the scheduled collection day. Containers may be
27
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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. Containers in approved locations
will be emptied at least twice each week."
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 €rft-y4503 pounds or be longer than four (4) feet in length. The
amount of domestic trash shall not exceed the equivalent in volume of two (2) 30- gallon
containers 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 section 11- 19(a).
(c) Other domestic trash. Domestic trash that cannot be containerized or bundled shall be
neatly stacked or placed at the curb in front of the owner's property for special mechanized
collection at the convenience of the City. Domestic trash exceeding the maximum allowable
volume may be picked up at an extra cost to the owner of the premises as set forth in section I I -
23 of this Chapter. Pick -up services for 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, water heater, paint cans, and other goods designated by the City
Manager or public works director. Property owners and residents shall contact the public works
department to arrange for special pick -up services before placing special bulk trash at curbside.
(1) Property owners or residents of property have two (2) options for the disposal of
special bulk trash:
a. Special bulk trash can be picked up by the City at an extra cost to the
owner or resident of the property as set forth in section 11 -23 of this Chapter.
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 department of the option selected and the public works department shall specify the
date to place trash out for private contractors to pick -up.
(d) Commercial refuse. Commercial refuse containers shall be placed at a point designated
by the City Manager. Collection of commercial refuse shall be as many times weekly as
designated by the City Manager. 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 (4) days
without having arranged for disposal by a qualified person licensed to perform such service. The
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1 City may, at its convenience, require any commercial business or industrial establishment to
2 make private arrangements for the collection and disposal of commercial refuse.
3
4 (e) Refuse not collected by the City. The City will not under any circumstances collect and
5 dispose of commercial and domestic building materials as defined, commercial trash as a result
6 of lot clearing, spent oil or greases accumulated at garages, filling stations or similar
7 establishments, automotive tires and others items that may cause damage to collection equipment
8 or personal injury to the collectors.
9
10 (f) Holiday garbage collection schedule:
11
12 Monday holiday: Monday's route will be picked up Tuesday, Tuesday route will be
13 collected Wednesday with Thursday - Friday normal schedule.
14
15 Tuesday holiday: Monday's route no change. Tuesday's route will be collected
16
17 Wednesday with Thursday- Friday normal schedule.
18
19 Thursday holiday: Monday- Tuesday normal schedule. Thursday's route will be picked up
20 Wednesday with no change for Friday.
21
22 Friday holiday: Monday- Tuesday normal schedule. Thursday route will be picked up
23 Wednesday, and Friday's route will be collected Thursday.
24
25 (g) Penalty for removal. It shall be a violation of this Chapter for any person, firm or
26 corporation not authorized by the City Manager to collect or dispose of any newspaper or other
27 recyclable item or container which has been specifically placed for collection in the recycling
28 program as provided by this section. It is not the intent of this section to prohibit any nonprofit
29 organization from soliciting newspapers, cans, or bottles for the purpose of resource recovery
30 and recycling.
31
32
33
34
35
36
37 See. 11-232. Enforcement; inspections by City.
38
39 The City Manager, or designated code enforcement officers, -shall have the authority to enter, at
40 all reasonable times, upon private and public property for the purpose of inspecting and
41 investigating conditions relating to the enforcement of the provisions of this Chapter.
42 Enforcement shall be through the issuance of a notice of civil infraction pursuant to section 2 -25,
43 of the City's Code of Ordinances.
44
45
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Sec. 11 -2 -34. Refuse collection fee schedule.
(a) Domestic garbage and domestic trash: The fee for the collection of refuse from
residential 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:
TABLE INSET:
(b) Commercial garbage and commercial 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 as set forth herein for the number of containers and frequency of collection.
30
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Annual
Semi -
Class
Description
Fee
annual
No.
Fee
I
Apartment, per unit..........
$31.90
$1620
2
Special collection
Minimum fee per truck
Toad
1
There shall be no minimum fee charged for pickups of up
to 112 truck load once a week
2
Trash pickup in excess of 112 truck load is to be charged
at $156.00 per 112 truck load or any part thereof
4
Each appliance trash pickup
$50.00 1per appliance
(b) Commercial garbage and commercial 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 as set forth herein for the number of containers and frequency of collection.
30
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TABLE INSET:
(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 containers shall be as set forth herein for the capacity and frequency of collection.
a. One cubic yard capacity:
Class
No.
Collections
Per Week
Monthly
Fee
Additional
2
$105.30
10
for each
155.72
11
5
container
above
the minimum
Class
Collections
Monthly
Monthly
No.
Per Week
Fee
Fee
6
2
$14.18
$22.58
7
5
3650
122.58
(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 containers shall be as set forth herein for the capacity and frequency of collection.
a. One cubic yard capacity:
Class
No.
Collections
Per Week
Monthly
Fee
9
2
$105.30
10
3
155.72
11
5
180.94
b. Two cubic yard capacity:
TABLE INSET:
13
2
$146.26
14
3
215.59
15
5
259.72
Sec. 11 -254. Billing; payment; due dates.
(a) Billing for service. In all cases the bill for refuse service shall be the joint and several
liability of and charged to and paid by the owner, tenant, users and/or occupant of the property
for which the service is rendered. All owners, tenants, users and/or occupants shall give the City
notice thirty (30) days prior to moving, and shall have the responsibility of terminating any
account with the City.
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(b) Payment of fees. The fees prescribed in section 11 -23 are due and payable on the first
day of each month. Such fee shall become delinquent if not fully paid on or before due date ten
(10) days 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 be no exemptions for the payment of fees, except that
establishments employing and using the services of a private refuse collector holding a valid
permit shall not be liable for the payment of waste fees as would otherwise be required hereunder
so long as such employment and use continues. No vacancy allowances will be permitted.
Sec. 11 -26 -5. Fees shall constitute liens.
(a) For service of refuse collection and disposal by the City or the availability of such
service, all improved property shall be liable for the payment of the refuse collection fees. All
fees becoming due and payable shall constitute and are hereby imposed as special assessment
liens against the real property aforesaid and, until fully paid and discharged or barred by law,
shall remain liens of equal rank and dignity with the lien of the City ad valorem taxes and
superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the
real property involved. All delinquent fees shall bear a penalty of one and one -half per cent per
month from the due date until fully paid. Unpaid and delinquent fees, together with all penalties
imposed thereon, shall remain and constitute special assessments against the real property
involved. Such special assessment liens may be enforced as provided for enforcement of City ad
valorem taxes, 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 be accomplished by any other method authorized by law.
(b) The City Manager is authorized and directed to execute and deliver upon request written
certificates certifying the amount of waste fee due upon any parcel of real property subject to the
payment of such fees, or certifying that no waste fees are due, which certificates shall be binding
upon the City. The City Manager shall make rules and regulations prescribing uniform
procedures governing the administration of the provision of this Chapter and providing
procedures for the payment of waste liens in periodic installments and the cancellation of waste
liens, which rates and regulations when approved by resolution of the City council and filed in
accordance with the requirements of this Code shall have the force and effect of law.
32
Additions shown by underlining and deletions shown by everstfikiag.
1
2
3
4
5
6
8
9
10
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12
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15
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28
Section 23. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 34. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 45. This ordinance shall be codified and included in the Code of Ordinances.
Section 56. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this _ day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
2007.
APPROVED:
MAYOR
1 St Reading —
2 °d Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
33
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