05-17-05 Item 16sours CITY OF SOUTH MIAMI South Miami
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Inter- office Memorandum
11111F
INCORPORATED
• 1927
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TO: Mayor, Vice Mayor & City Commission DATE: May 1-7 2005
FROM: Maria V. Davis AGENDA ITEM No.—�
City Manager LS'
RE: Ordinance Amending the City Code
Related to Domestic Trash Regulations
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO AMENDING THE CITY OF SOUTH
MIAMI CODE OF ORDINANCES, BY REVISING CHAPTER 11 (GARBAGE &
TRASH), SECTION 11 -21(B) ENTITLED "EXTENT OF SERVICE AND POINTS OF
COLLECTION - DOMESTIC TRASH" IN ORDER TO ALLOW THE PLACEMENT OF
LAWN AND YARD CLIPPINGS AT THE CURB FOR COLLECTION MORE THAN
TWENTY -FOUR (24) HOURS PRIOR TO THE SCHEDULED PICKUP DAY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE
FOR YOUR CONSIDERATION:
Commissioners Wiscombe and Sherar requested the attached ordinance at the urging of several
residents in order to accommodate those who wish to do landscaping and/or yard work on
weekends and to place the related debris curbside prior to the 24 hours currently stated in the city
code.
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO AMENDING THE
5 CITY OF SOUTH MIAMI CODE OF ORDINANCES, BY REVISING
6 CHAPTER 11 (GARBAGE & TRASH), SECTION 11 -21(B) ENTITLED
7 "EXTENT OF SERVICE AND POINTS OF COLLECTION - DOMESTIC
8 TRASH" IN ORDER TO ALLOW THE PLACEMENT OF LAWN AND
9 YARD CLIPPINGS AT THE CURB FOR COLLECTION MORE THAN
10 TWENTY -FOUR (24) HOURS PRIOR TO THE SCHEDULED PICKUP ,
11 DAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
12 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
13
14 WHEREAS, certain homeowners have expressed that the provisions of Chapter 11, Sec.
15 11- 21'(b), which limits the. placing of domestic trash at the curb for collection to no more than
16 twenty -four (24) hours prior to the scheduled pickup day, constitute a hardship; and
17
18 WHEREAS, after hearing their concerns, the Mayor and Commission recommend that
19 the particular code provision be amended as to regular lawn and yard clippings, so as to facilitate
20 the maintenance of private yard landscaping on the weekends.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT;
24
25 Section 1 Section 11 -21(B) Entitled `Extent of Service and Points of Collection -
26 Domestic Trash" of the South Miami Land Development Code is hereby amended to read as
27 follows:
28
29 b) Domestic trash. Domestic trash in containers and bundled domestic trash shall be placed at
30 the curb for collection not more thean twenty -four (24) hours prior to he the scheduled pickup
31 day and removed from the curb within twenty -four (24) hours after pickup. In no case shall the
32 bundled trash weigh more than fifty (50) pounds or be longer than four (4) feet in length. The
33 amount of domestic trash shall not exceed the equivalent in volume of two (2) 30- gallon
34 containers for each collection. The collection procedure for domestic trash as described herein
35 may change due to emergencies and circumstances beyond the control of the city. In such
36 situations the collection of domestic garbage shall be given priority. Grass, hedge clippings,
37 leaves, branches and vines are not required to be bundled as domestic trash and may be placed
38 at the curb a maximum of 72 hours before the scheduled pickup day. This bundled domestic
39 trash and unbundled grass, hedge clippings, leaves, branches and vines may be placed in
40 automated domestic garbage container defined in section l 1- 19(a).
41
42 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this
43 ordinance are hereby repealed.
44
Additions shown by underlining and deletions shown by tfi '
I Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
2 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
3 the validity of the remaining portions of this ordinance.
4
5 Section 4. This ordinance shall be effective immediately after the adoption hereof.
6
7
8 PASSED AND ADOPTED this day of , 2005.
9
10 ATTEST: APPROVED:
11
12
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14
15 CITY CLERK MAYOR
16 `
17 1" Reading COMMISSION VOTE:
18 2nd Reading Mayor Russell:
19 Vice Mayor Palmer:
20 READ AND APPROVED AS TO FORM: Commissioner Wiscombe:
21 Commissioner Birts - Cooper;
22 Commissioner Sherar:
23
24
25
26 ` CITY ATTORNEY
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29
30
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32
33
34
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36
37 J:\ Code Sec 11- 21 (Cblazekon'McGruff'\Ordinances \Ordinance Amending Trash b)
38
Additions shown by underlining and deletions shown by euer�Iking
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County; Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 5/17/2005
in the XXXX Court,
was published in said newspaper in the issues of
05/06/2005
Affiant further says that the said Miami Daily Business
Review is anewspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously. published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate , coniLnission or refund for the 'purpose
of securin is a v isem t for publication in the said
new spa r.
Sworn to and subscribed before me this
06 da AY A . 2005
(SEAL) Moft I• man
• My Commis84M
O.V. FERBEYRE personally M:8rch04,2006