02-03-04 Item 14CITY OF SOUTH MIAMI
Inter - office Memorandum
TO: Honorable Mayor, Vice Mayor
& City Commission
p
FROM: Maria V. Davis
City Manager r
South Miami
All- AmertcaQ
2001
DATE: February 3, 2004
AGENDA ITEM No.
i RE: Amendment to o s 11 -4,
11 -19 (A), (B) and 11 -21 (A), (B) of
the Code of Ordinances
ORDINANCE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA RELATING TO SOLID WASTE; ADDING TWO SUB - PARAGRAPHS
TO SECTION 11 -4 AND AMENDING SECTIONS 11 -19 (a), (b) AND I1 -21 (a), (b) OF THE
CODE OF ORDINANCES ENTITLED "DEFINITIONS ", "REFUSE CONTAINERS" AND
"EXTENT OF SERVICE AND POINTS OF COLLECTION "; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE
BACKGROUND & ANALYSIS:
As approved in this year's budget, the automated garbage collection process is scheduled
to commence on April 5, 2004. With new process and equipment, we are required to
amend the Code of Ordinances. These proposed changes to Chapter 11 of the Code of
Ordinances will accommodate the new automated garbage collection system. The
proposed changes to the code includes:
• Adding Automated Domestic Garbage Container.
• Amending description of Refuse Containers.
❑ Amending the Extent of Service and Points of Collection
In brief, these changes define the new automated domestic garbage container and added
that the City shall provide the automated garbage containers to the residents at the
residents' expense and that the containers must be placed at curbside, facing the street, on
the day of collection.
RECOMMENDATION:
It is recommended that the City Commission approve the ordinance.
ATTACHMENT:
❑ Proposed ordinance
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA RELATING TO SOLID WASTE; ADDING TWO
5 SUB - PARAGRAPHS TO SECTION 11 -4 AND AMENDING SECTIONS 11 -19 (a),
6 (b) AND 11 -21 (a), (b) OF THE CODE OF ORDINANCES ENTITLED
7 "DEFINITIONS ", "REFUSE CONTAINERS" AND "EXTENT OF SERVICE
8 AND POINTS OF COLLECTION "; PROVIDING FOR SEVERABILITY,
9 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
10
11 WHEREAS, the City of South Miami maintains a Public Works Department that provide
12 collection services in regard to refuse and garbage collection in the City; and
13
14 WHEREAS, the administration recommends adding two sub - paragraphs to section 11 -4 and
15 amending to Sections 11 -19 (a), (b) and 11 -21 (a), (b) of the Code of Ordinances.
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
18 THE CITY OF SOUTH MIAMI, FLORIDA:
19
20 Section 1. That Section 11 -4 of Chapter Eleven of the Code of Ordinance is hereby
21 amended as follows:
22
23 Section 11 -4. Definitions
24
25 Automated domestic age container shall mean the container designed for the automated
26 collection system and supplied by the City.
27
28 Refuse containers shall mean garbage can garbage container, automated domestic ag rbag_e
29 container, domestic trash container and commercial refuse container.
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31 Section 2. That Section 11 -19 of Chapter Eleven of the Code of Ordinance is hereby
32 amended as follows:
33
34 Section 11 -9. Refuse containers.
35
36 (a) Automated domestic garbage containers. r,,,,,.,., -6 e ..b ee n r-°. Eae residence shall
37 provide twe (2) eepAainers of a eapaeity of not fner-e than thifty (30) gallons eaeh. Sueh
38 een�ainer-s shall be eeastFaeted of galvanized metal E)r- plastie and shall ha-ve 6& fitting
39 and be red °r* goof The automated domestic garbage containers shall be provided by
40 city.The bottom of the containers shall be lined with paper or plastic liners of sufficient
41 strength and texture to prevent leakage and spillage provided by the owner or tenant using
42 such container. No oil drums shall be allowed. The owner or occupant of the unit being
43 serviced shall be responsible for the maintenance of the container. All containers shall be
44 maintained in good condition, including cleanliness and repair.
45
46 (b) Domestic trash containers. Each residence shall provide two (2) containers as deser-ibe in
47 pUfaM-aph (a) teased tie trash celleetion as herein deser-ibed of a capacity of
48 not more than thirty (30) gallons each. Such containers shall be constructed of galvanized
49 metal or plastic and shall have tight lids and be rodent proof. No resident shall have more
50 than- fstw{14) two (2)- containers for- gafb ge °„d trash collection.
51
52 Section 3. That Section 11 -21 of Chapter Eleven of the Code of Ordinances is hereby
53 amended as follows:
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Sec. 11 -21. Extent of service and points of collection
(a) Domestic garbage. Garbage containers are hereby required to be placed at
whieT, the e baRe is eaUee e curbside and facing the street at least 5 feet from parked cars poles fire
hydrants mailboxes or other obstacles or at location designated by city manager or public works director.
Garbage containers are hereby required to be placed at the collection point the day of sehed ' °'
^'�etien. as early as 7.00 pm the nights before the pick -up and not later than 7:00 am the da�of pick -up.
Such containers shall be removed from public view within twenty -four (24) hours after the scheduled
collection day. r'.,pAaiiier-s may be _oneec'__'' frc___ view by _ wall, fene o- ^h,., bber -. provided they -
Containers may not be
placed at locations other than stated above. Those containers and locations not approved will not be
picked up. Containers in approved location will be emptied at twice each week.
(b) Domestic trash. Domestic trash in containers and bundled domestic trash shall be placed at the
curb for collection not more then twenty -four (24) hours prior to be the scheduled pickup day and
removed from the curb within twenty -four (24) hours after pickup. In no case shall the bundled trash
weigh more than fifty (50) pounds or be longer than four (4) feet in length. The amount of domestic trash
shall not exceed the equivalent in volume of two thirty (30) gallons containers for each collection. The
collection procedure for domestic trash as described herein may change due to emergencies and
circumstances beyond the control of the city. In such situations the collection of domestic garbage shall
be given priority. Grass, hedge clippings, leaves, branches and vines are not required to be eo
bundled as domestic trash. 'T'h--- items may be plaee' at the b as explained in subseetion (e) below
fef peeial i eehanized piektip on the sehe d piekap This bundled domestic trash may be placed
in automated domestic garbage container defined in Section 11 -19 (a ) above.
Section 4. 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 5. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 6. This ordinance shall take effect immediately upon approved.
PASSED AND ADOPTED this _ day of , 2004.
ATTEST:
CITY CLERK
1" Reading —
2" d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner McCrea:
Additions shown by underlining and deletions shown by eve+str-
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 - 2/3/04
ORDINANCE RELATING TO SOLID WASTE, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
01/23/2004
Affiant further says that the said Miami Daily Business
Review is a newspaper 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, re ,Ate, commission or refund for the purpose
of securing t ' advertise nt for ublication in the said
newspape..
Sworn to and subscribed before me this
23 d N R A. 2004
(SEAL) It a MARIA 1. MESA —
�P l� MY COMMISSION # CC 885640
O.V. FERBEYRE persona ly Ito e EXPIRES; March 4, 2004
s
State of Florida Bonded Thou Notary Public Underviriiers i