12-18-07 Item 14INTER- OFFICE MEMORANDUM 1001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager!,
From: W. Ajibola Balogun, REM, CFEA, Dir ctor
Public Works & Engineering Department
Date: November 27, 2007 Agenda Item No.:
Subject: Amending Chapter 11, Sections I1 -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 SEVERABILITY, 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- 10(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
Page 2 of 2
1 1 ORDINANCE NO._
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE;
5 AMENDING CHAPTER 11, SECTIONS 11 -2 THROUGH 11 -17; PROVIDING
6 FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR COMMERCIAL
7 SOLID WASTE COLLECTION; PROVIDING DEFINITIONS AND
8 FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; PROVIDING
9 FOR TRANSFERABILITY OF FRANCHISES; PROVIDING FOR FIVE YEAR
10 FRANCHISES; LIMITATIONS ON CONTRACTS; PROVISION OF
11 LICENSING FEES FOR TEMPORARY ROLL CONTAINERS
12 AND HAZARDOUS, BIOHAZARDOUS WASTE OR SPECIALIZED WASTE
13 COLLECTORS; APPLICATION PROCEDURES; FEES, REPORTING
14 REQUIREMENTS, INSURANCE, SERVICE STANDARDS, PROVIDING
15 FOR CODE ENFORCEMENT PROCEDURES; APPEAL OF CITY
16 MANAGER DECISION TO DENY FRANCHISE TO BE HEARD BY CITY
17 COMMISSION; ENFORCEMENT AND REGULATIONS; SCHEDULES AND
18 ROUTES, TERMINATION; ENFORCEMENT AND ADMINISTRATIVE
19 FINES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
20 AND AN EFFECTIVE DATE.
21
22 WHEREAS, Chapter 11 of the City of South Miami Code of Ordinances provides for the
23 collection, conveyance and disposal of all garbage, trash and refuse accumulated within the City;
24 and,
25
26 WHEREAS, sections 11 -2 through 11 -17 provide for commercial trash franchise
27 agreements for all commercial solid waste; and
28
29 WHEREAS, the Mayor and City Commission of the City of South Miami deem it to be
30 in the public interest to continue providing residential collection of municipal solid waste by the
31 Public Works Department, and to continue to allow for commercial solid waste collection and to
32 provide for the issuance of non - exclusive franchises to qualified commercial solid waste haulers,
33 I however, such commercial franchises requires updating since initial adoption in 1998; and,
34
35 WHEREAS, the City rights -of -way are valuable public property acquired and
36 maintained by the City at great expense to City tax payers, and the right to use the rights -of -way
37 is a valuable property right without which contractors would be required to invest substantial
38 capital and property acquisition costs; and,
39
40 WHEREAS, the City deems it to be in the best interest of the citizens and residents of the
41 City to provide for classification and fees for licensing and for granting a franchise to those
42 persons operating and providing solid waste services within the City and that same is necessary
43 to protect the public general health, safety and welfare; and,
44
45 WHEREAS, it is the intent of the City in amending Chapter 11 to enhance licensing and
46 franchising procedures to regulate solid waste collection by private haulers operating within the
Additions shown by underlining and deletions shown by everst -il
I City, and to charge such providers reasonable and non.- discriminatory rents for the use of such
2 rights -of -way; and,
3
4 WHEREAS, the Mayor and City Commission desire to amend Chapter 11 as it relates to
5 the specific franchise provisions providing for increased insurance requirements, change in
6 length of franchises, and change in material terms of allowing franchise agreements.
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
9 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
10
11 Section 1. Chapter 11, sections 11 -2 through 11 -17 relating to Solid Waste Franchise
12 Agreements, of the City of South Miami code is amended to read:
13
14 Sec. 11 -1. Purpose of Commercial Solid Waste Franchises and Collection of garbage and
15 sSolid wWaste. Generally in-t1
16
17 (a) The purpose of this section is to ensure the elimination of a public nuisance and to ensure
18 a competitively neutral policy for the provision of solid waste services and to enable the City to
19 permit non - discriminatory access to the public ri hg is -of -way for solid waste franchisees. Under
20 the provisions of the franchise rights provided under this Chapter, the City is able to manage
21 impact and cost to the citizens of the placement of commercial solid waste containers within the
22 City and an rights -of -way; obtain fair and reasonable compensation of franchise fees to
23 eliminate the nuisance of solid waste; promote competition among solid waste franchisees; and
24 minimize the congestion, inconveniences, visual impact and other adverse effects on the City.
25
26 tb) All garbage, refuse and solid waste accumulated within the City limits shall be collected,
27 conveyed, and disposed of by and through the public works department of the City or a private
28 franchised refuse collection firm. No person, firm or corporation shall, for a fee, collect and
29 dispose of or transport over the City streets any garbage, refuse and solid waste except as
30 provided in this Chapter.
31
32 Sec. 11 -2. Franchise required.
33
34 (a) It shall be unlawful for any private-person, fifm or eeperafie to engage in the business
35 of collecting garbage or solid waste by collecting, removing or transporting for disposal any
36 solid waste, within the City, without a valid franchise issued by frenrthe City. A franchise is
37 required for all persons collecting the categories of waste defined in section 11 -4,
38 specifically including but not limited to: Econstruction and demolition debris, biomedical and
39 biohazardous waste, biological waste, commercial solid waste, garbage, hazardous waste,
40 industrial waste, infectious waste, loose refuse, and refuse_---sSolid waste and special waste
41 companies whose sole business is recycling are not included. It shall be unlawful for an owner or
42 lessee of any commercial property located within the City to contract with a person to collect
43 garbage or solid waste in the City unless the person possesses a current, valid franchise from the
44 City.
45
2
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1 (b) The franchise required by this section shall be in addition to any other permits,
2 reizistration or occupational license which may be required by federal state or local law.
3
4 Sec. 11 -3. City Man a er authorized to grant franchise.
5
6 (a) The City Managereenffnission is authorized, from time to time to grant one or more non-
7 exclusive franchises granting the right and privilege to operate a garbage and trash collection
8 system in, upon, ever-, and aeress epresePA and future street „ w ui ,a other
, , uae. aaidaa
9 p,,blie plaees of the City for the purpose of collecting garbage and trash solely from commercial
10 establishments as defined in this Chapter, which desire these services within the limits of the
11 City. This franchise authorizes the providers to provide solid waste disposal services.
12
13 (b) The franchisees shall be granted by -erdinmee,-aad--9only after the applicant for the
14 franchise has filed with the City Clerk, an application, and such other documentation as may
15 reasonably be required to establish that the applicant meets all of the requirements of this
16 Chapter.
17
18 (c) The franchises shall initially be granted a period of -five 5 ears, and shall be
19 renewable thereafter, for successive five (5) year periods of one year upon application of the
20 franchisee and approval of the application by the City c-Manager .
21
22 (d) No person may engage in the business of providing solid waste commercial services
23 originating from the Cif without first obtaining a franchise pursuant to this Chapter. In
24 addition the private hauler must first have obtained all state and county registration and
25 licensing in accordance with the provisions of this Chapter, unless otherwise authorized by law.
26
27 Sec. 11 -4. Definitions.
28
29 Automated domestic garbage container shall mean the container designed for the automated
30 collection system and supplied by the City.
31
32 Biomedical /biohazardous waste shall mean any solid waste or liquid waste which may present a
33 threat of infection to humans. The term includes but is not limited to, non - liquid human tissue
34 and body parts; laboratory and veterinary waste which contains human disease causing agents;
35 used disposable sharps, human blood, and human blood products and body fluids; and other
36 materials which in the opinion of the department of health and rehabilitation services represent a
37 significant risk of infections to persons outside the generating facility.
38
39 Biological waste shall mean solid waste that causes or has the capability of causing disease or
40 infection and includes, but is not limited to, biohazards waste, diseased or dead animals, and
41 other waste capable of transmitting pathogens to humans or animals.
42
43 City shall mean the City of South Miami, Florida.
44
45 Commercial establishments shall mean any structure used or constructed for use for business
46 establ 'hmei + oo erations For purposes of this Ordinance hotels and motels are commercial
3
Additions shown by underlining and deletions shown by eversti g.
1 establishments. The term "commercial establishment" shall not include any residential units or
2 multi -famil ref any ""twe kind ., hatseever- other- the residential unitestablishments.
3
4 Commercial solid waste shall mean every waste accumulation, including but not limited to, dust,
5 paper, paper cartons, cardboard cartons, excelsior, rags, garbage, plastics, metal containers,
6 bulky waste and other waste which is usually attendant to the operations of commercial
7 businesses or multifamily residences.
8
9 Construction and demolition debris shall mean and include all waste requiring collection and
10 disposal, including but not limited to materials which are recyclable, from any construction or
11 renovation site located within the City.
12
13 Customer shall mean a person who uses the solid waste or recycling services of a Private Hauler.
14
15 Director shall means the Director of Public Works.
16
17 Franchisee shall mean the named person who obtains a franchise from the City pursuant to this
18 Ordinance.
19
20 Garbage shall mean every refuse accumulation of animal, fruit, vegetable, or organic matter that
21 attends the preparation, use, cooking and detailing in, or storage of, meats, fish, fowl, fruit, or
22 vegetables, and decay, putrefaction and the generation of noxious of offensive gases or odors, or
23 which, during or after decay, may serve as breeding or feeding material for flies or other germ
24 carrying insects.-
25
26 Garbage can or container shall mean a container made of galvanized metal, durable plastic on
27 other suitable material of a capacity not less di ten ga4le s and not to exeee' thii4y ga4le s%
28 ag llon approved for use by the City Manager or his designee. Such container shall have two
29 handles upon the sides thereof, or a bail by which dirt may be lifted, and shall have a tight fitting
30 I solid top. -
31
32 I Gross receipt- shall mean the entire amount of fees billed by a franchisee, exclusive of state sales
33 taxes provided by law from any person within the City for garbage, hazardous, industrial,
34 biomedical, biological, ercommercial, multifamily residential establishment solid waste;
35 specialized solid waste including construction and demolition, debris, trash, lifter refuse, and/or
36 rubbish collection, removal and disposal. -
37
38 I Hazardous waste- shall mean solid waste, or a combination of solid wastes, which, because of its
39 quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or
40 significantly contribute to an increase in mortality or an increase in serious irreversible or
41 incapacitating reversible illness or may pose a substantial present or potential hazard to human
42 health or the environment when improperly transported, disposed of, stored, treated, or otherwise
43 managed. -
44
45 Industrial waste- shall mean any and all debris and waste products generated by manufacturing,
46 I food processing (except restaurants), land clearing, any commercial shrubbery or tree cutting,
4
Additions shown by underlining and deletions shown by ever-
I 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.-
3
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. -
9
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.
13
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.
17
18 Multi- family Residential Establishment shall mean any 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.
23
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), -
28
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.
31
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.
35
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 anysolid
38 waste within the incorporated area of the City.
39
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.
42
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.
46
5
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I Refuse containers shall mean garbage can, garbage container, automated domestic garbage
2 container, domestic trash container and commercial refuse container.
3
4 Refuse regulations shall herein refer to regulations prescribed by the City together with such
5 administrative rules, regulations and procedures as may be established under or pursuant to this
6 Chapter.
7
8 Residential Unit shall mean angle- family residence.
9
10 I Solid waste shall mean ag rbage, litter, refuse, yard trash, clean debris, white goods, special
11 waste, refuse, or other discarded materials...
12
13 Solid Waste Disposal shall mean the disposition of solid waste by means of combustion, land
14 filling or other final method of discard as approved under federal and state law..
15
16 Special waste shall mean solid wastes that can require special handling and management,
17 including, but not limited to, radioactive materials, asbestos, whole tires, used tires, used oil,
18 lead -acid batteries, mercury lights and biological wastes, hazardous waste, construction and
19 demolition debris, industrial waste, , including solid or contained gaseous material resulting
20 domestic, industrial, commercial, mining_ agricultural or governmental operations
21 -
22
23 Temporary reed- a�frollo /container fee shall mean the one time charge paid, per account, to the
24 City for each large container and/or Fell-effrolloff utilized by franchisees to provide contracted
25 removal and disposal of special waste from commercial construction and demolition, renovation
26 and other similar accounts.
27
28 Sec. 11 -5. Franchise not to constitute property right.
29
30 No franchise granted pursuant to this Chapter shall be deemed the property of the holder thereof.
31
32
33 Sec. 11 -6. City's power to revoke / terminate franchise, amend regulations.
34
35 (a) The City reserves unto itself the power to revoke or terminate all franchises granted
36 pursuant to this Chapter, to change or limit the rights granted, or to otherwise modify the
37 franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be
38 deemed a taking of a property, contract, or other right of any franchisee, it being the express
39 intention of this Chapter to reserve unto the City, the power, in its sole discretion, to alter the
40 methods of garbage collection employed in the City, and the manner in which to service garbage
41 collections delivered within the City.
42
43 (b) The City further reserves the power to amend this Chapter from time to time at the sole
44 discretion of its City eCommission, and shall not be estopped to do so, notwithstanding the grant
45 of any franchise or franchises to any person.
6
Additions shown by underlining and deletions shown by ever-strilcing
1
2 Sec. 11 -7.
3
4
5 interests in any f anei se shat r- ender it: ci�.Denial of Franchise.
6
7 (a) Should the City Manager deny an application for a franchise, the manager shall notify the
8 applicant of such denial by certified mail not later than 14 days after taking such action. The
9 notice of denial shall contain a statement of the reasons why the application was denied.
10
11 (b) Appeal from the City Manager's denial of Franchises shall be as provided under section
12 11 -15.
13
14 (c) The denial or revocation of a Franchise b the City Manager mgy be appealed to the City
15 Commission The notice of appeal shall be filed with the City Manager in writing no later than
16 14 days after receipt of the notice of appeal The City Commission shall either affirm the
17 decision of the City Manager or direct the City Manager to issue or reinstate the franchise.
18
19 Sec. 11 -8. Limitation of contract and Annexation.
20
21 La)_No contract for the collection of garbage or trash within the City shall be for a term in
22 excess of -five 5 ears, or contain any provision for the automatic renewal of the contract.
23
24 (b) Within 30 days following the date of passage of anv action affecting anv annexation or
25 de- annexation the City Manager shall notify the franchisees of this action by furnishing the
26 franchisees maps of the affected area(s) showing the new boundaries of the City.
27
28 Sec. 11 -9. Application procedure.
29
30 Any person desiring a non - exclusive franchise to collect garbage or trash within the City from
31 commercial establishments shall file an application with the City Manager. The application shall
32 be on such form as the City Manager may promulgate., which form shall elicit the following
33 information and to be accompanied by sgpporting documents and such other information as may
34 be required by the City Manager from time to time sha at minknum inelude the fell
35 iRferm tien:
36
37 (1) Name of applicant. The applicant's name, address, and telephone number. In the
38 case of an applicant having more than one office within the county, the applicant shall designate
39 a primary office from which accounts in the City will be serviced, and the address and telephone
40 number of all offices within the county which are supervisory to the office serving the City. If
41 the applicant is a partnership, joint venture, firm, organization, or corporation, the name(s) and
42 business address(es) of the principal officers and stockholders and other persons having anv
43 financial or controlling (legal or beneficial) interest of five (5) percent or greater in the
44 partnership joint venture firm organization or corporation Provided however, that if the
45 corporation is a publicly owned corporation having more than 25 shareholders, then only the
46 names and business addresses of the local managing officers shall be required. Idetnify whether
7
Additions shown by underlining and deletions shown by ever - g.
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 necessary.
5
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 controlling1 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 bygpplicant, shall be considered:
11
12 (A) Penal history. If the applicant is an individual, a record of all convictions
13 of a felony, or any crime involving moral turpitude and the reasons therefore shall be provided
14 by the 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.
20
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 any principals 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 ppon 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
33
34 (C) Existence of business entity. If applicant 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 by the applicant If apartnershi_p provide the date of organization; whether a
40 General or Limited Partnership*; the name and address of each Partner; and designate general
41 _partners in a Limited Partnership.
42
43 (D) Disclosure of actions against business entity. an indication of whether the
44 qpplicant 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
Additions shown by underlining and deletions shown by ever-
1 franchise or license revoked, or been found by any court or administrative agency to have
2 violated a security or anti -trust law.
3
4 Evidenee of insumnee meeting the minimum nquir-emepAs set P-1- -n this Chapten
5 (3) Equipment and methods of operation. The applicant for a franchise shall possess
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:
9
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.
13
14 (B) A statement that the applicant will use Miami -Dade County approved
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.
18
19 (C) The names of customers and addresses of each location served.
20
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 City Manager.
25
26 (4) Evidence that proposed franchisee has obtained all required county, state and
27 I federal licenses orand permits required to engage in the business of garbage or solid waste
28 collection.
29
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 franehisee has made affangements to dispose a4l gafbage and
37 waste , elleete by it outside the its in ., f eili designed and fieeftsed for- the disposa
38 gaEbage and solid waste and ., -hies, meets nn r ents oflaw.
39
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.
43
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
9
Additions shown by underlining and deletions shown by ever-striking.
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 ,
7 the exeess of ten pe eiA
8
9
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 enti1y, 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 properly licensed
20 insurance went 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 or agency 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.
29
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.
34
35 (10) The applicant 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.
39
40 (11) All material statements and declarations made in the franchise application shall be
41 incorporated as conditions of the franchise.
42
43 Sec. 11 -10. Fees; reporting requirements.
44
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1 (a) Franchise fee. It shall be unlawful for any_private hauler operating in the City to either
2 collect remove or transport from properties in the City solid waste for disposal without payment
3 of a solid waste franchise fee to the City.
4
5 (1) Annual fee:
6
7 (A) in order- 4- eempensate the City for- the ° of its streets, alleys,
8 as other- property, an. d f^r wear- and t ° °�, °Beginning on November 1, 2007, each and every �h
9 franchisee shall pay the City an annual fee of five thousand dollars ($7 -5,8500.00, with such fee
10 being increased by $500.00 per year, beginning October 1, 2008.,—). In addition, effective
11 November 1 2007 all city- franchised commercial solid wste haulers will be required to pay to
12 the City a franchise fee of the- franehis°° shall pay to the r;ty ° franel, se fee f t �259)
13 percent of the franchisees' total monthly gross receipts from accounts within the City serviced by
14 franchisee.
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17 (B) 'Beginning on November 1, 2007, each and every franchisee whose
18 primary business is limited to soid wste that requires special handling and management shall pay
19 an annual specialized waste handling �permit fee in the amount of $1,000.00 for the right to
20 provide only pecialized wste handling services within the city limits. If a franchisee is
21 providing only specialized waste handling services within the city, then annual franchisee fee
22 will increase by $500.00 per eay r, beginning October 1, 2008.
23
24 (C) Certified recovered materials dealers excluded from local franchise
25 requirements pursuant to section 403 7046 Florida Statutes shall be required to pay a
26 registration fee as determined by the City Manager for an annual period which will begin
27 October 1St and end September 30th of each year.
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29 (22) This fee shall be in addition to any occupational license taxes, or permit fees
30 levied by the City upon the franchisee's business activities.
31
32 (b) Vehicle registration fees. Each and every franchisee shall pay, in addition to the fees
33 imposed by this article, an annual vehicle registration fee which shall be in the amount of $25.00
34 for each vehicle shown on the list required to be submitted as part of the application. This fee
35 shall apply to renewals of registration as well.
36
37 (c) Permit per account fee
38
39 (1) Franchisee agrees to remit to the Citypermit per account fee of $50.00 for each
40 account contracted with of which no more then $30.00 may be passed on to the commercial
41 business.
42
43
44
45 (dh) Reporting requirements; fee for underpayment of I1 -10 (a) through (d) .
46
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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 gii 3 (30) 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
peesfranchisees will allow City auditors, during regular business hours after reasonable
notice, to audit, inspect, and examine the pea:n � ieesfranchisees' fiscal books and records and tax
returns, insofar as they relate to customer Git.,,—accounts within the City, to confirm the
pesfranchisees' compliance with this section. The Cijy may inspect the franchisees billing
rates billing amounts and account receivables. The franchisee shall maintain its records in such
a manner as to clean distinguish istinguish 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 eg nerally
accepted accounting principles for a period of three (3) years.
S2) In the event the pem franchisee fails to pay the full franchise fee percentage
of the pcfranchisee'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
peFmitteefranchisee 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 r� eight ( 8) hours' written
notice.
(34) If any audit or examination discloses an underpayment to the City greater than
twe A-y 420) 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.
(ee) Information required ofpermiffeesfranchisees.—
(1) At least annually, but not more frequently than quarterly, as determined by the
dDirector, each perms franchisee 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
peEmitteefranchisee. 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 recycling 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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0-M-MMOMMENWIDTAIVER
NO
Sec. 11-11. Insurance and Indemnification.
(a) Each franchisee shall maintain not less than the following insurance:
13
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0-M-MMOMMENWIDTAIVER
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 $1 -3,000,000.00
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 injury ry person or property by
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
14
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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 of
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 M
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 arising or alleged to have arisen out of, in connection with or attributable to the foregoing, and,
16 in the event any final judgment therein should be rendered against the City 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 jud mg ent 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 (j) 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 City approval. Failure of the City to 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.
38
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 Q2htimes 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.
38
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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1
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.
11
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 carer°'-° sha4l 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 (12�3) 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 through 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 apply to legal holidays.
33
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.
37
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 hauling, 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 the franchisee, the franchisee shall promptly clean up
43 the litter.
44
45
46 Sec. 11 -13. City Manager to promulgate regulations.
17
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1
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,
6
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.
13
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.
24
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.
29
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.
38
39 (e) The City reserves the right to adopt ordinances regulating the services provided under
40 this Ordinance.
41
42 Sec. 11-15. Termination/Revocation of Franchise.:
43
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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1
2 (hl) Prior to making a finding of a violation of this Chapter, the Cily
3 Manager, or designee, shall notify the franchisee in writing of the deficiency and provide the
4 franchisee an opportunity to dispute the sfindings of a violation. The duster -01y
5 Manager shall provide the franchisee an opportunity for an informal hearing, if requested within
6 x-14 days of receipt of the deficiency findings.
7
8 (e) Non payment of the franehisee of fees or- failure to file the requir-eedd report shal
9 '
10
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:
13
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 endangers the public health, safety or welfare; or
16
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
19
20 (3) the failure to promptly pay the franchise fee provided for under this Ordinance.
21
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_
25
26 (d) The City Manager may revoke a franchise for a violation or violations. Upon a
27 determination by the City 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 map appeal the revocation.
30 , may
31 be reviewed upon �ffitten reEraest by the aggrieved fianehisee to the City Manager-. Natiee of
32 appeal shetild be filed in vffitiag with the direeter- no more than ten days after- reeeipt of vffi
33 .,,aviee that the f .,n,.hise° is 4°,..,.,inat °a
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 Manager
37 Commissiolle - his desig shall either affirm the decision of the direetar-City Manager or direct
38 the di -cczvrCl . Manager 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
43
44 (1) Except as provided elsewhere in this Chapter, no person shall engage in the
45 business of removing or 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 day charge. The use of
barricades is mandatory.
(B) Off - Street permit fee. When the rolloff is to be located inside private
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 Cily certified by a certified public accountant reflecting_ gross receipts within the City
for the preceding ig scal year.
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1 (E) Audit or inspection of licensee's books and records. The licensee shall
2 allow the City Auditors at any reasonable time after reasonable notice to audit, inspect and
3 examine the licensee's fisceal books and records and state and federal tax returns, insofar as they
4 relate to City accounts, to confirm the licensee's compliance with this section. This information
5 shall include, but not be limited to, the following: billing rates, billing amounts, and accounts
6 receivable. Additionaly, the City's auditors may communicate directly with customers of the
7 licensee for the purpose of confirming compliance with this section.
8
9 (F) Failure to pay permit fee.
10
11 (i) If the licensee fails to timely pay the full permit fee as set forth
12 above, the licensee shall pay any and all of the City's expenses for collection of the fees,
13 ncluding, but not limited to, court costs and reasonable attorney's fees. If the licensee fails to
14 pay the full permit fee on or before the last day of each month, a late pa ment penalty shall b
15 edue and interest shall accure on the amount due at the highest lawful rate of interest per annum.
16
17 (ii) Additionally, code enforcement pursuant to section 2 -25, of the
18 City's Code of Ordinances may issue a notice of civil infraction to the property owner and
19 Contractor /licensee for failure to obtain a permit before placing a rolloff or construction
20 dumpster within City limits.
21
22 (G) Evidence of payment. In order to effectively provide for the collection of
23 the permit fee by the licensees to the City, any person seeking to renew his annual business
24 license shal provide to the Finance Director and the City Manager evidence of payment of all
25 outstanding permit fees, fines, and other chanrges as a condition to reissuance or renewal of the
26 business license.
27
28 (b) Hazardous and Biohazardous Waste Contractors
29
30 (1) Except as provided elsewhere in this Chapter, no person shall engage in the
31 business of removing disposing or collecting any hazardous or biohazardous waste from any
32 premises within the City limits without first having secured a business license for such activities
33 from the City Manager by paying the business license fee required and by showing proof of
34 insurance as required in section 11 -11 and proof of required state licenses and fees.
35
36 (2) Requirements and fees. To obtain the license required herein, the contractor
37 must give the City Manager a list of all his accounts within the City stating whether there is hand
38 collection of bags or collection by dumpsters, frequency of service per week, and a description of
39 services. After an inspection of the location where the account is going to be services and
40 approval of the location by the City Manager, a biohazardous waste permit, valid for one fiscal
41 year, will be issued by the City Manager. The permit is not transferable. Disposal of hazardous
42 or biohazardous waste shall not be placed in garbage cans, containers or dumpsters for routine
43 collection. Substances in this class shall be segregated and disposed of as provided by state
44 andfederal law and in accordance with the procedures set for in chapter 17 -7 of the Florida
45 Administrative Code, which prohibits the deposit of this type of waste in a sanitary landfill.
46
21
Additions shown by underlining and deletions shown by e-ver-st+iking.
I I Section 11 -.17 Enforcement and administrative fines.
2
3 (a) Collection standards; penalty for violation.
4
5 (1) All work relative to the collection and removal contemplated in this Chapter shall
6 be performed as scheduled an in a complete workmanlike manner. The franchisee shall properly
7 service all clients by placing all commercial waste containers in their proper locations in a litter -
8 free and sanitary condition.
9
10 (2) Trucks utilized by private solid waste haulers /collectors as waste collection
11 equipment shall consist of leak proof and enclosed bodies with compactors and sanitizing
12 materials in each truck.
13
14 (3) In all cases in which solid waste, special waste, garabage or trash is removed and
15 disposed of by persons other than employees of the City's Public Works Deparment, it shall be
16 unlawful for the private collector, franchisee, to remove the solid waste, special waste, ag rbage,
17 or trash from any_premises in the City; or to transport the items through the streets, alleys, up blic
18 ways of the City; or to dump, incinerate, or in any other manner dispose of the items originating
19 with the City, or contract for or permit to be employed or engaged for the removal, transportation
20 or disposal services without first having secured a franchise permit for such services from the
21 City, and having paid the applicable franchise fee.
22
23 (4) Overflowing rolloffs are prohibited. The City Manager, or designee, shall have
24 the power to order the removal by the franchise owner of all overflowing rolloffs. The City
25 retains the right to restrict the location of any rolloff container or rolloff compaction container in
26 order to ensure the public's safety and to prevent traffic hazards.
27
28 (5) Rolloff containers. It shall be unlawful for any person to place, or allow the
29 placement of any rolloff container for the purpose of construction debris disposal on a premise in
30 which they own, rent, occupy, or control without first having obtained a building permit for
31 construction associated with the premise. A rolloff container shall be placed only in a driveway
32 or a parking area on an approved surface. A permit for the placement of a rolloff container shall
33 be required.
34
35 (ab) Any person who has not strictly complied with the provisions of this Chapter shall be
36 subject to the enforcement procedures provided in this section:
37
38 (1) In the event of a violation, the Code Enforcement Officer or any other person
39 designated as a code enforcement officer by the City shall notify the alleged violator in
40 writing and give him or her a reasonable period of time to correct the violation. If the alleged
41 violation continues beyond the time specified for correction, the officer shall issue a notice of
42 civil infraction in compliance with section 2 -25, of the City's Code of OrdinancesQy Mar ^rt °M
43 shall issue te the alleged vielator a notiee of inlei# to impose an administrative fine. The alleged
44 violator may request a hear-ing with the City Managen All hearing Fequests must be made
45 �wifiag.
46
22
Additions shown by underlining and deletions shown by wag.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(bc) Administrative fines shall be imposed in accordance with the City's Code Enforcement
Fine Schedules 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. following sehe ule:
23
Additions shown by underlining and deletions shown by ever-stfiking.
M.-,da
—...
1�
up
offrbr.
— ,,
(bc) Administrative fines shall be imposed in accordance with the City's Code Enforcement
Fine Schedules 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. following sehe ule:
23
Additions shown by underlining and deletions shown by ever-stfiking.
M.-,da
—...
up
offrbr.
— ,,
-T M r. M.Mr-
PI
(bc) Administrative fines shall be imposed in accordance with the City's Code Enforcement
Fine Schedules 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. following sehe ule:
23
Additions shown by underlining and deletions shown by ever-stfiking.
M.-,da
—...
(bc) Administrative fines shall be imposed in accordance with the City's Code Enforcement
Fine Schedules 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. following sehe ule:
23
Additions shown by underlining and deletions shown by ever-stfiking.
FORT. M.M.01M.
FIRM
(bc) Administrative fines shall be imposed in accordance with the City's Code Enforcement
Fine Schedules 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. following sehe ule:
23
Additions shown by underlining and deletions shown by ever-stfiking.
24
Additions shown by underlining and deletions shown by ever -sttikiag.
6 1'-+n
to
ante matter-
fte food sefviee
eesser7
2
T
est-ab1
3
4
...
,
,
5
50.00
6
7
8.
0.00
nere-ial eentainer
violation....
8
9
9. r„s
,ffieieRl
=ed
number
of garbage
reeegtaer°.
10
11
10. r
r,.va+aiae
age „y iseellan
tom
'
area.... 75.00
r-i,ea
b,.ti
, »s-
i rccvPtael
12
13
11. URa-utherized
disposa4
tFash
eonsisting of
of garbage
or-
or- other- waste
materials
14
industrial
a bulky
500.
waste or- other-
waste material....
15
16
17
au-therized
time....
75 nn
18
19
13. TiIIe
'tea
+
ixopmeteri
zed —`v ehieie
�� „�
lknoy
a csxciry(r° dolly,
r
,
20
75.00
...
21
22
14. Fa
l„«.e—
firm
to
maintain
4,,. ehis° while
ova —rho
olleetio
obtain
23
....
24
25
15. illegal
dumping
from
T5
omobikz
26
27
16. Illegal
vehiele
25 nn
a eaeenumer-eial
....
28
29
17 it
from
_
°lo 50 !ln
30
31
18.
Garbage deposited
for- bulky
waste.... 150.00
at miaidump - -site
32
33
...
34
:-500.00
35
36
....
37
38
21
Trash
bundled...
�5.09
not eeRtainer-ized
or-
39
40
22..
Unauthorized bu4ky
75.00
—
waste on right
of way....
41
42
23.
Garbage
- not - eafAainer-ized�—
..7,50
43
44
24.
00
-der
e a
45
46
25—Su
-s.... 400.00
ereofAainer
24
Additions shown by underlining and deletions shown by ever -sttikiag.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
. HrWRX. - RJHN.% i l
(de) Fines are due and payable by the violator- within ten days of r-eeeipt of the deeisien e
City Manager 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.
(ed) 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 -187. 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 -198. 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 f ft3 -(50) pounds.
25
Additions shown by underlining and deletions shown by ever king
I (c) Commercial garbage shall be drained and placed in paper or plastic bags before
2 depositing in the refuse container. Plastic, metal or glass food containers shall be drained of
3 excess fluids and wrapped in the same manner as or together with the garbage.
4
5 (d) Commercial trash shall be placed in containers and all bulky items such as wooden crates
6 and cardboard boxes shall be collapsed before depositing into the refuse container.
7
8 (e) Newspapers shall be separately bundled by being placed in craft bags, cardboard boxes or
9 tied securely with rope or cord in bundles not exceeding fift�- (50) pounds each.
10
11 (f) Notwithstanding anything else contained in Chapter 11 of this Code of Ordinances,
12 aluminum and bimetal beverage cans, glass food and beverage containers shall be segregated
13 from all other solid waste material by residential refuse customers. Aluminum and bimetal
14 beverage cans and glass food and beverage containers shall be placed in household recycling
15 containers, originally provided by the City. The containers shall remain the property of the City,
16 and shall be replaced only upon payment of the fee established by the City for such replacement.
17 "Aluminum and bimetal beverage cans" shall mean aluminum and bimetal alcoholic and soft
18 drink cans only. No other cans, foil, or other metals shall be included. "Glass, foods, and
19 beverage containers" shall mean whole glass jars and bottles designed to contain grocery items
20 such as, but not limited to, ketchup, mustard, pickle, and mayonnaise jars, soft drink, beer, wine,
21 and liquor bottles and medicine bottles. Removal of labels, caps or neck rings is not required.
22 Glass should be reasonably free of food and beverage residue. No window glass, mirror glass, or
23 other glass shall be included.
24
25
26 Sec. 11 -201-9. Refuse containers.
27
28 (a) Automated domestic garbage containers. The automated domestic garbage containers
29 shall be provided by the City. The bottom of the containers shall be lined with paper or plastic
30 liners of sufficient strength and texture to prevent leakage and spillage provided by the owner or
31 tenant using such container. No oil drums shall be allowed. The owner or occupant of the unit
32 being serviced shall be responsible for the maintenance of the container. All containers shall be
33 maintained in good condition, including cleanliness and repair.
34
35 (b) Domestic trash containers. Each residence shall provide two (2) containers of a
36 capacGity of not more than thirty (30) gallons each. Such containers shall be constructed of
37 galvanized metal or plastic and shall have tight lids and be rodent proof. No resident shall have
38 more than two (2) containers for trash collection.
39
40 (c) Commercial refuse containers. Each commercial tenant or establishment shall provide a
41 minimum of two (2) 30- gallon containers as described in paragraph (a) or refuse bins of
42 sufficient capacity to handle the commercial refuse placed by the tenant or establishment. All
43 commercial garbage shall be prepared as described in section 11 -18 paragraph (c) of this Chapter
44 prior to depositing into containers. The capacity and type of container used shall be determined
45 by the City Manager.
46
26
Additions shown by underlining and deletions shown by eve 'f g.
1 (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 , H +he ,,,,n4.,,, 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 -22 -1. 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
Additions shown by underlining and deletions shown by everstfiking.
I placed at locations other than stated above with the approval of the City Manager. Those
2 containers and locations not approved will not be picked up. Containers in approved locations
3 will be emptied at least twice each week."
4
5 Such emergency conditions may be extended thereafter only with approval of a majority of the
6 City council by resolution duly passed.
7
8 (b) Domestic trash. Domestic trash in containers and bundled domestic trash shall be placed
9 at the curb for collection not more then twenty -four (24) hours prior to be the scheduled pickup
10 day and removed from the curb within twenty -four (24) hours after pickup. In no case shall the
11 bundled trash weigh more than €fty450) pounds or be longer than four (4) feet in length. The
12 amount of domestic trash shall not exceed the equivalent in volume of two (2) 30- gallon
13 containers for each collection. The collection procedure for domestic trash as described herein
14 may change due to emergencies and circumstances beyond the control of the City. In such
15 situations the collection of domestic garbage shall be given priority. Grass, hedge clippings,
16 leaves, branches and vines are not required to be bundled as domestic trash and may be placed at
17 the curb a maximum of seven (7) days before the scheduled pickup day. This bundled domestic
18 trash and unbundled grass, hedge clippings, leaves, branches and vines may be placed in
19 automated domestic garbage container defined in section 11- 19(a).
20
21 (c) Other domestic trash. Domestic trash that cannot be containerized or bundled shall be
22 neatly stacked or placed at the curb in front of the owner's property for special mechanized
23 collection at the convenience of the City. Domestic trash exceeding the maximum allowable
24 volume may be picked up at an extra cost to the owner of the premises as set forth in section 11-
25 23 of this Chapter. Pick -up services for the City's public works department shall provide special
26 bulk trash [pick -up]. Special bulk trash shall be defined as refrigerator, stove, air conditioner,
27 washer, dryer, microwaves, water heater, paint cans, and other goods designated by the City
28 Manager or public works director. Property owners and residents shall contact the public works
29 department to arrange for special pick -up services before placing special bulk trash at curbside.
30
31 (1) Property owners or residents of property have two (2) options for the disposal of
32 special bulk trash:
33 a. Special bulk trash can be picked up by the City at an extra cost to the
34 owner or resident of the property as set forth in section 11 -23 of this Chapter.
35
36 b. Property owners can use the services of a private contractor for the
37 disposal of such items. However, property owners or residents of the property shall notify the
38 public works department of the option selected and the public works department shall specify the
39 date to place trash out for private contractors to pick -up.
40
41 (d) Commercial refuse. Commercial refuse containers shall be placed at a point designated
42 by the City Manager. Collection of commercial refuse shall be as many times weekly as
43 designated by the City Manager. It shall be a violation of this Chapter for any tenant or owner to
44 permit the accumulation of refuse upon any premises for a period of longer than four (4) days
45 without having arranged for disposal by a qualified person licensed to perform such service. The
28
Additions shown by underlining and deletions shown by everstfik-in .
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 Sec. 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
29
Additions shown by underlining and deletions shown by ever-
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Sec. 11 -214. 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
Additions shown by underlininc and deletions shown by everstfiking.
Annual
Semi -
Class
Description
Fee
annual
No.
Fee
1
Apartment, per unit..........
$31.90
$1620
Minimum fee per truck
2
Special collection
load
There shall be no minimum fee charged for pickups of up
I
to 112 truck load once a week
Trash pickup in excess of 112 truck load is to be charged
2
at $156.00 per 112 truck load or any part thereof
4
Each appliance trash pickup
r$5 .00 /per 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
Additions shown by underlininc and deletions shown by everstfiking.
1
2
3
4
5
6
7
8
9
10
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:
TABLE INSET:
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
36.50
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:
TABLE INSET:
Class
NO.
Collections
Per Week
Monthly
Fee
9
2
$105.30
10
3
155.72
11
5
180.94
11
12 b.
13
14
15
16
17
18
19
20
21
22
23
24
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.
31
Additions shown by underlining and deletions shown by eve iking.
1 (b) Payment of fees. The fees prescribed in section 11 -23 are due and payable on the first
2 day of each month. Such fee shall become delinquent if not fully paid on or before due date ten
3 (10) days from the first day of each month.
4
5 (c) Fractional billing. When services commence during a calendar month, no charge will be
6 made for periods of ten (10) days or less in any one month, but eleven (11) days or more shall be
7 interpreted to mean one month and shall be so charged.
8
9 (d) Exemption from fees. There shall be no exemptions for the payment of fees, except that
10 establishments employing and using the services of a private refuse collector holding a valid
11 permit shall not be liable for the payment of waste fees as would otherwise be required hereunder
12 so long as such employment and use continues. No vacancy allowances will be permitted.
13
14
15
16 Sec. 11 -26 -5. Fees shall constitute liens.
17
18 (a) For service of refuse collection and disposal by the City or the availability of such
19 service, all improved property shall be liable for the payment of the refuse collection fees. All
20 fees becoming due and payable shall constitute and are hereby imposed as special assessment
21 liens against the real property aforesaid and, until fully paid and discharged or barred by law,
22 shall remain liens of equal rank and dignity with the lien of the City ad valorem taxes and
23 superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the
24 real property involved. All delinquent fees shall bear a penalty of one and one -half per cent per
25 month from the due date until fully paid. Unpaid and delinquent fees, together with all penalties
26 imposed thereon, shall remain and constitute special assessments against the real property
27 involved. Such special assessment liens may be enforced as provided for enforcement of City ad
28 valorem taxes, or in the alternative, foreclosure proceedings may be instituted and prosecuted
29 under the provisions of Chapter 173, Florida Statutes, or the enforcement of payment thereof
30 may be accomplished by any other method authorized by law.
31
32 (b) The City Manager is authorized and directed to execute and deliver upon request written
33 certificates certifying the amount.of waste fee due upon any parcel of real property subject to the
34 payment of such fees, or certifying that no waste fees are due, which certificates shall be binding
35 upon the City. The City Manager shall make rules and regulations prescribing uniform
36 procedures governing the administration of the provision of this Chapter and providing
37 procedures for the payment of waste liens in periodic installments and the cancellation of waste
38 liens, which rates and regulations when approved by resolution of the City council and filed in
39 accordance with the requirements of this Code shall have the force and effect of law.
40
41
42
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44 sectionn 2.
45
32
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Section 2 -3. 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 4 -5. 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
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
day of , 2007.
W1UU1-163LIVA
AI • I C
1St Reading —
2 °d Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
33
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you have ever had to deal
with Building and Zoning or
Code_ Enforcement officials.
JOHN R. DAVIS
CORAL GABLES
TM
1500 Monza Avenue Suite 350
Coral Gables, Florida 33146
Telephone: ( +1) 305.740.6001
www.polestarndand.com
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORID
On Tuesday, December 18, 2007, beginning at 7:30 p.m., in the City Commission Chambers,
6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following
items:
AN ORDINANCE AMENDING THE SOUTH MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15 -99, ENTITLED
CONTROLLED PARKING RESIDENTIAL ZONES; TO DESIGNATE CONTROLLED PARKING RESIDENTIAL ZONES;
PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING
PROCEDURE FOR DETERMINING CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING ISSUANCE OF SPECIAL
PARKING PERMITS UPON APPLICATION; PROVIDING PRIVILEGES AND RESTRICTIONS ON RESIDENTIAL PERMITS. AND
PROVIDING PENALTIES,
AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5893 SUNSET DRIVE AS AN HISTORIC
SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE
DISTRICT FOR THIS PROPERTY.
AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5700 SUNSET DRIVE AS AN HISTORIC
SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE
DISTRICT FOR THIS PROPERTY.
AN ORDINANCE 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, BIO- HAZARDOUS 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.
AN ORDINANCE AMENDING SECTION 2.26.12 ENTITLED "GREEN TASK FORCE," IN ORDER TO MODIFY THE
MEMBERSHIP AND CHAIRPERSON SELECTION PROCESS.
AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -15
"DEMOLITION REQUIREMENT STANDARDS."
A RESOLUTION APPROVING THE PROPOSED "AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC
SCHOOL FACILITY PLANNING IN MIAMI -DADE COUNTY" AND AUTHORIZING THE CITY MANAGER TO EXECUTE ON
BEHALF OF THE CITY THE SUBJECT INTERLOCAL AGREEMENT AS REQUIRED BY STATE STATUTE 163.3177.
AN ORDINANCE AMENDING THE SOUTH MIAMI COMPREHENSIVE PLAN TO INCLUDE A NEW EDUCATIONAL FACILITIES
ELEMENT; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT AND CAPITAL IMPROVEMENT ELEMENT;
AUTHORIZING TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW.
If you have any inquiries on the above items please contact the Planning Department's office at:
305 - 663 -6326.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CIVIC
City Cleric
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its meeting or hearing, he or she Pill need a record of the proceedings, and
that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the tes-
timony and evidence upon which the appeal is to be based.
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