Agenda 11.16.16MIAMI BEACH
OFFICE OF THE CITY MANAGER COMMITTEE MEMORANDUM
TO: SUSTAINABILITY AND RESILIENCY COMMITTEE
FROM:
DATE :
Commiss ioner Micky Steinberg , Chair
Commiss io ne r Ricky Arriola, Vice-Chair
Co mmi ss ioner Kri sten Rosen-Gonza le z, Membe r
Commissioner Joy Malakoff, Altern~J/) _ /
Jimmy L. Morales, City Manag ~~ r
November 16, 20 16
SUBJECT: MEETING OF THE S USTA IN A BILITY AN D RE SI LIE NCY COMMI TTEE (S RC) ON
W EDNE S DAY, NOVEMBER 16 , 20 16
A me etin g of the Su sta inabili ty and Resiliency Committee has been schedu led for Wednesday,
November 16 , 20 16 at 1:O Opm in the Comm ission Cha mb ers, 3 rd Floor of City Hall.
The age nd a fo r the meetin g is as follows:
Action Items
1. Discussion on the City's Anti-Idling Policy
Commission Item C4S, J une 8, 2016
(Requested by Commissioner Steinberg)
Debora Turn er, First Assistant City Attorney
2. Discussion to Consider a Motion by the Sustainabili ty Committee to Eliminate the Use
of Bare/Unencapsulated Polystyrene in Private and Public Waters in the City of Miami
Beach
Commission Item C4E, October 19, 2016
(R equested by Commissioner Aleman)
Eli zabeth Wheaton, Enviro nm ent and Sustainabil ity Director
Discussion Items
3 . Discussion Regarding the Securing and Storage Of Commercial Dumpsters.
Commission item C4A, M ay 11 , 2016
(Requested by Commissioner Grieco)
Hernan Ca rdeno, Code Comp li ance Director
SRC 1
4. Discussion on Requiring Sustainability Standards Similar to LEED for Retrofits in City-
owned Properties
Commission Item C4G, November 9, 2016
(Requested by Commissioner Rosen-Gonzalez)
Elizabeth Wheaton, Environment and Sustainability Director
Verbal Reports
5. Mayor's Blue Ribbon Panel on Flooding and Sea Level Rise
Scott Robins, Committee Chairman
6. Sustainability Committee
Dave Doebler, Committee Chairman
7. Resiliency Strategy
Amy Knowles, Deputy Resiliency Officer
X
JLM/SMT/ESW/FCT/YP
SRC 2
Sustainability and Resiliency Committee
November 16, 2016
Discussion on the City's Anti-Idling Policy
Item to be presented by Debora Turner, First Assistant City Attorney
ITEM# 1
SRC 3
VERBAL REPORT AT COMMITTEE MEETING
SRC 4
Sustainability and Resiliency Committee
November 16, 2016
Discussion to Consider a Motion by the Sustainability Committee to Eliminate the Use of
Bare/Unencapsulated Polystyrene in Private and Public Waters in the City of Miami Beach
Item to be presented by Elizabeth Wheaton, Environment and Sustainability Director
ITEM #2
SRC 5
ITEM TO BE SUBMITTED AS SUPPLEMENTAL
SRC 6
Sustainability and Resiliency Committee
November 16, 2016
Discussion Regarding the Securing and Storage Of Commercial Dumpsters.
Item to be presented by Hernan Cardeno, Code Compliance Director
ITEM #3
SRC 7
MIAMI BEACH
City of Miami Be ach, 1700 Conven1ion Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DA TE :
COMMITTEE MEMORANDUM
Sustainability and Resiliency ComG . j _
Jimmy L. Morales, City Manag~~ ~
November 10 , 2016
SUBJECT : DISCUSSION R~GARDING SECURING AND STORAGE OF COMMERCIAL
DUMPSTERS
The Sustainability and Resiliency C ommittee discussed the securing and storage of commercial
dumpsters at t he July 20, 2016 meeting an d requested follow-up regard ing the requirements fo r
covering dumpste rs ci tywide.
In re view of the C ity of Miami Beach Code of Laws and Ordinances the followi ng provisions are
already in place :
Chapter 90 Solid Waste (fu ll c hapter attached)
Section 90-2 -Definitions
Dumpster means a conta in er used in the waste in d ustry , and approve d for us e in the
city by the city manager, w ith a tig ht fitt in g top and a mi nimum capacity of one-ha lf cubic
ya rd or between 100 and 133.3 gallons. For purposes of this chapter, compact contai ners
shall a lso be co nsidered dumpsters.
Garbage facility includes garbage can or conta iner, dumpster and t rash container.
Section 90-99 -Condition and in spection of garbage faci li ties .
A ll garbage fac ilities shall be maintained in good condition and repair. A ll such facili ties
shall be provided w it h a cover sufficiently tight to deter f lies or other insects from having
access to the co nte n ts of th e receptacles.
The penalties a nd f in es associated w ith these provisions are as fo ll ows:
Section 90 -39 -Fine sched ule for vio lations issued and applied to owners, agen t s, tenants ,
occupants, operators or managers, o r persons respo nsible for the vio lation .
(c) Violations of sections 90-99 and 90-100:
(1 ) Open lid on gar bage facility(ies) ..... $100.00
(2) In s ufficient garbage faci lity(ies) capacity ..... $200 .00
(3 ) Insufficie nt frequency of garbage co ll ection ..... $200 .00
(4) Overl oaded garbage facility(ies) ..... $200 .00
(5) Lack of/or deteriorated garbage facili ty(ies) ..... $200 .00
(6) Garba ge o r miscellaneous tra sh arou n d garbage faci li ty (i es) ..... $200.00
SRC 8
SRC Agenda-Securing and Storage of Dumpsters
Committee Memorandum
November 10, 2016
Page 2 of 2
Since October 2015 Code Compliance has issued 144 violations for open lids on garbage facilities .
Additionally, since August 2016 Code Compliance has been working diligently to address sanitation
violations as they present potential health hazards for our community in the wake of Zika.
The current enforcement penalties for an open lid or overflowing dumpster require a 24 hour not ice
be provided to the violator to allow for time to correct the violation . If the violation is not corrected in
the 24 hours a $100.00 fine is issued for an open lid violation or $200.00 for an overflowing
dumpster. The greater majority of violations are corrected within that timeframe and a fine is not
issued . While there have been a few locations that have required repeat warnings from the Code
Compliance Department , changes to the City of Miami Beach Code of Laws and Ordinances are not
recommended at this time as the Department is working with those few establishments to prevent
reoccurrence.
On October 26 , 2016 the Sustainability and Resiliency Committee inquired on the requirements for
rolloff conta iners , which are used for the collection and disposal of construction and demolition
debris. Rolloff containers are permitted by the Public Works Department, Sanitat ion Division.
Currently the City of Miami Beach Code of Laws and Ordinances does not require these containers
be covered , however, these containers are required to be covered in transport as regulated by the
State in F.S.S. 316 .520 Loads on Vehicles (attached). There are provisions in the City Code that
prohibit overflowing rolloffs which provides the City Manager the authority to order the removal by
the property owner of any such overflowing rolloff conta iner.
Section 90-2-Definitions
Rol/off means a container with a minimum capacity of ten cubic yards designed to
be transported by a motorized vehicle .
Rol/off container means a metal conta iner, compacted or open , approved by the city
manager, that is designed and used by rolloff contractors for the collection and disposal of
construction and demolition debris ; large quantities of trash ; and/or bulky waste ; but not
garbage or commercial refuse .
Section 90-280. -Use restrictions .
Rolloff, portable containers , or dumpsters are to be used for the removal of
construction and demolition debris or for the removal of large quantities of bulky waste.
Construction and demolition debris, and bulky waste , is never to be stored directly on the
ground , as rolloff and portab le containers must be used at all times. Rolloff and portable
conta iners shall not be used for the removal of garbage or commercial waste .
Section 90-281 . -Overflowing rolloffs and portable containers.
Overflowing rolloffs and portable containers and dumpsters are prohibited . The city
manager shall have the authority to order the removal by the property owner of any such
overflow ing rolloff or portable conta i ner or dumpster.
Unless it is the will of the Committee to make further recommendations at this time , Code
Compliance will continue to enforce Chapter 90 of the Code of Laws and Ordinances as it reads .
Attachments:
Attachment 1: City of Miami Beach Code of Laws and Ordinance Chapter 90 Solid Waste
Attachment 2 : Florida State Statues 316 .50 Loads on Vehicles
Qr ~~ JLM/S~T/~/sKS .
F :\CODE\$ADM\HDC\Committee Memos\SRC Memo re open lid .docx
SRC 9
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
Chapter 90-SOLID WASTEill
Footnotes:
---(1) ---
Editor's note-Ord. No. 2010-3679, adopted Apr. 14, 2010, amended ch. 90 in its entirety to read as
herein set out. Former ch. 90 pertained to the same subject matter, consisted of§§ 90-1, 90-2, 90-36-
90-40, 90-71' 90-96-90-107, 90-131-90-137, 90-191-90-196, 90-221-90-233, 90-276-90-281, 90-
306-90-309, 90-331, and 90-332, and derived from the 1964 Code; Ord. No. 92-2807, adopted Oct. 8,
1992; Ord. No. 93-2834, adopted Feb. 3, 1993; Ord. No. 93-2896, adopted Dec. 15, 1993; Ord. No. 97-
3070, adopted Jan. 22, 1997; Ord. No. 98-3135, adopted Sept. 9, 1998; Ord. No. 98-3137, adopted Sept.
23, 1998; Ord. No. 99-3177, adopted Mar. 17, 1999; Ord. No. 99-3204, adopted Sept 17, 1999; Ord. No.
99-3208, adopted Sept. 22, 1999; Ord. No. 2002-3345, adopted Jan. 30, 2002; Ord. No. 2008-3616,
adopted Sept. 17, 2008; and Ord. No. 2010-3696, adopted Sept. 20, 2010.
Cross reference-Building regulations, ch. 14; metals recyclers, § 18-696 et seq.; litter enforcement
officers, § 30-4; environment, ch. 46; litter, § 46-91 et seq.; utilities, ch. 110.
ARTICLE I.-IN GENERAL
Sec. 90-1. -Legislative intent.
It is the purpose of this chapter to ensure that areas within the city are adequately provided with
high-quality solid waste collection and disposal service. Because of the overriding public health, safety
and welfare considerations associated with the provision of this service, it is necessary that the city retain
regulatory authority over solid waste collection and disposal. The provisions of this chapter will also
ensure that this service is efficient and responsive to public complaints and that the public convenience,
aesthetic and environmental considerations, and the public investment in right-of-way property are
protected.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-2. -Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Agent or registered agent means a person registered with the city's code compliance department
and designated by the property owner to administer and manage a property.
Apartment building means a building with or without resident supervision occupied or intended to be
occupied by more than two persons, or families, living separately with separate cooking facilities in each
unit. For purposes of this chapter, this particular definition shall include a condominium or cooperative
building, but not a duplex.
Apartment unit means a room or group of rooms occupied or intended to be occupied as separate
living quarters by one or more persons, or a family, containing independent cooking facilities. For
purposes of this chapter, this definition shall include a condominium unit or cooperative unit, but not a
duplex.
Page 1 SRC 10
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
Biohazardous waste means any solid waste that may present a threat of infection to humans. The
term includes, without limitation, nonliquid human tissue and body parts; laboratory and veterinary waste
containing human-disease-causing agents; used disposable sharps; human blood, human blood
products, and any bodily fluids; and other materials representing a significant risk of infection to persons.
Biohazardous waste contractor means a private waste contractor who collects and disposes of
biohazardous waste.
Building department director means the city's building official, appointed by the city manager to
administer and enforce the Florida Building Code in the city. This definition also includes the building
official's designee(s) working under his/her supervision.
Bulky waste means large item(s) of household refuse, including, without limitation, appliances,
furniture, accumulations from major tree cutbacks (exceeding ten inches in diameter and four feet in
length), large crates, and like articles.
Business tax shall have the same meaning ascribed in section 1 02-356.
Business tax receipt shall have the meaning ascribed to the word "receipt" in section 1 02-356.
Commercial establishment means an establishment dealing in an exchange of goods or services for
money or barter. For purposes of this chapter, the term shall include churches, synagogues and schools.
Commercial refuse means all solid waste produced by commercial establishments.
Condominium unit means the same as "apartment unit.11
Construction and demolition debris means discarded material generally considered not to be water-
soluble or hazardous, including, without limitation, steel, concrete, glass, brick, asphalt roofing material, or
lumber from a construction or demolition project. Commingling construction and demolition debris with
any amount of other types of solid waste will cause it to be classified as other than construction and
demolition debris.
Cooperative unit means the same as "apartment unit."
Dumpster means a container used in the waste industry, and approved for use in the city by the city
manager, with a tight fitting top and a minimum capacity of one-half cubic yard or between 100 and 133.3
gallons. For purposes of this chapter, compact containers shall also be considered dumpsters.
Duplex means a detached building, divided horizontally or vertically, and designed as two separate
units to be occupied by one or more persons, or families, each living separately, with separate kitchens in
each housekeeping unit.
Dwelling means a building or portion thereof designed or used for residential occupancy.
Dwelling unit means a room or group of rooms occupied or intended to be occupied as separate
living quarters by one or more persons, or a family.
Franchise waste contractor means a private waste contractor, approved pursuant to section 90-221
et seq., who enters into a franchise agreement with the city for the collection and disposal of solid waste
in the city, and who pays a percentage of its gross earnings to the city pursuant to this chapter.
Front yard means an open area extending the full width of the lot between the main building and the
front lot line.
Garbage means every refuse accumulation of animal, fruit, vegetable or organic matter that attends
the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables, and decay,
putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay,
may serve as breeding or feeding material for flies or other germ-carrying insects.
Garbage can or container means a container which has been approved for use in the city by the city
manager, made of galvanized metal, durable plastic or other suitable material of a capacity not less than
ten gallons but not to exceed 30 gallons for collection of solid waste awaiting pickup and disposal. Such
Page 2 SRC 11
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
can or container shall have two handles upon the sides thereof, or a bail, by which it may be lifted, and
shall have a tightening solid top.
Garbage facility includes garbage can or container, dumpster and trash container.
Garbage storage facility means a structure enclosed on the bottom and all sides (except the top),
which may be open or closed, constructed of solid material, and having sufficient capacity to hold all
garbage facilities required for a particular establishment including, without limitation, an apartment
building or other multifamily residence, duplex, hotel, and/or a commercial establishment.
Garden means a piece of ground used for the growing of fruits, flowers, or vegetables; a well-
cultivated region (e.g. a lawn).
Garden trash means all accumulation of lawn, grass or shrubbery cuttings or clippings and leaf
rakings, free of dirt, rock, large branches, and bulky or noncombustible materials, which can be
containerized.
Gardener means a person whose business or occupation is the making or tending of gardens.
Grapple service means the use of a claw-like device such as, but not limited to, bobcats, self
loaders, loaders, and backhoes, to pick up construction and demolition debris; large quantities of trash
(e.g. rubbish); and bulky waste; but not garbage or commercial refuse, and place it into a truck for
disposal.
Grapple service contractor means a private waste contractor who performs grapple service.
Hazardous waste means any solid waste, which, because of its quality, concentration or physical,
chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or
an increase in serious irreversible or incapacitating reversible illness, or may pose a substantial present
or potential hazard to human health or the environment when improperly transported, disposed of, stored,
treated, or otherwise managed.
Hazardous waste contractor means a private waste contractor who collects and disposes of
hazardous waste.
Hotel means a building with ten or more dwelling units in which the majority of the dwelling units do
not contain kitchens and which is licensed as a hotel.
Industrial waste means any solid waste generated by construction, land clearing, excavating of
structures, roads, streets, sidewalks or parkways, and including, without limitation, waste collected for
recycling, and oil, grease and petroleum.
Kitchen means a facility for preparing food containing, at a minimum, a sink with running water, a
stove, and a refrigerator.
Landscape firm means a business entity engaged in planning to change or changing the natural
scenery of a place for a desired purpose or effect. This definition includes state licensed and unlicensed
landscape architects, landscape contractors, and landscape maintenance businesses.
Licensee means any person, which includes, without limitation, a corporation, partnership, sole
partnership, limited liability corporation, or other business entity engaged in the business of removing,
transporting or disposing of solid waste or recyclable materials in the city, and which is duly licensed by
the city as provided for by this chapter.
Manager means the same as "operator."
Multifamily residence means a building occupied or intended to be occupied by two or more families
living separately, with separate kitchens in each unit.
Occupant means any person using or having actual possession of any structure, building, lot, or
premises, or part thereof.
Offense means a notice of violation that has not been appealed timely or a finding of a violation by a
special master following the appeal of a violation.
Page3 SRC 12
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
Operator or manager means any person who has control or use of or is in charge of, or has
responsibility for, the care of any structure, building, lot, or premises, or part thereof.
Owner means any person who individually, or jointly or severally with others, holds the legal or
beneficial title to any structure, building, lot, or premises (or part thereof), as well as to any facilities or
equipment subject to the provisions of this chapter. For purposes of this chapter, the term shall also
include an owner's duly authorized agent, a purchaser, devisee, fiduciary, property holder, or any other
person having a vested or contingent interest; in the aforestated, or, in the case of a lease, the legal
holder of the lease, or his legal representative. It is further intended that for purposes of this chapter the
term shall also be construed as applicable to the person responsible for the construction, maintenance
and operation of a structure, building, lot, premises, facilities, or equipment involved.
Parkway means that area between the edge of the street and the adjacent property line, excluding
that area occupied by the sidewalk.
Portable container means a dumpster, rollaway, or similar container designed for mechanized
collection.
Premises means real property and includes any buildings or structures thereon.
Private waste contractor means any person engaged in the business of collection and disposal of
solid waste within the city limits that has been approved and permitted by the city to perform such service
including, without limitation, issued a current business tax receipt by the city to conduct such activity (or
perform such service).
Recyclable materials means those materials capable of being recycled and which would otherwise
be processed or disposed of as solid waste. Any recyclable material mixed with solid waste shall be
considered to be solid waste.
Recycling means any process by which recyclable materials are collected, separated, or processed
to be reused or returned to use in the form of raw materials or products.
Recycling container means a container approved by the city manager for collection of recyclable
material by a recycling contractor.
Recycling contractor means a private contractor licensed by the city and state who collects
recyclable materials and transports same to a state-or county-licensed recycling facility for processing.
Recycling contractors must provide their customers with a separate recycling container for recyclable
materials.
Regulated stash area means a disposal site which is either operated by the city or, if approved by
the city commission, by a private waste contractor, where trash (e.g. rubbish) may be deposited.
Residential refuse means all garbage and trash (e.g. rubbish) originating in a dwelling or single-
family residence.
Restaurant means a commercial establishment maintained and operated as a place where food is
regularly prepared, served or sold for immediate consumption on or about the premises, or a commercial
establishment where prepared food is called for, delivered to, or taken out by customers.
Rolloff means a container with a minimum capacity of ten cubic yards designed to be transported by
a motorized vehicle.
Rolloff compaction container means a rolloff designed to hold or receive compacted garbage or
trash.
Rol/off container means a metal container, compacted or open, approved by the city manager, that is
designed and used by rolloff contractors for the collection and disposal of construction and demolition
debris; large quantities of trash; and/or bulky waste; but not garbage or commercial refuse.
Rolloff contractor means a private waste contractor licensed by the city who uses rolloff containers
for the collection and disposal of construction and demolition debris and/or large quantities of trash and/or
bulky waste, but not garbage or commercial refuse.
Page4 SRC 13
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
Roominghouse means a building which is issued a business tax receipt by the city as a
roominghouse or boardinghouse, containing less than ten dwelling units, and in which the majority of the
dwelling units do not contain kitchens.
Rubbish or trash means refuse accumulations of paper, excelsior, rags, wooden or paper boxes or
containers, sweepings and all other accumulations of a nature other than garbage, which are usual to
housekeeping and to the operation of stores, offices, and other places of business; and any bottles, cans
or other containers, which, due to their ability to retain water, may serve as breeding places for
mosquitoes or other water-breeding insects. Rubbish shall not include industrial waste.
Side yard means an open area between a building and the adjacent side of the lot, and extending
from the front yard to the rear yard.
Single-family residence means a detached building designed for or occupied exclusively by one
person or one family.
Single-family waste contractor means a private waste contractor who contracts with the city to
provide solid waste collection and disposal service to single-family residences.
Single-stream recycling means a process by which certain recyclable materials are mixed together
instead of being sorted into separate recycling containers in the collection process.
Solid waste includes bulky waste, commercial refuse, garden trash, tree and shrubbery, garbage,
refuse, rubbish, special handling trash, trash, hazardous waste, biohazardous waste, industrial waste,
residential refuse, white goods, or other discarded material, including solid, liquid, semisolid, or contained
gaseous material, resulting from domestic, industrial, commercial, mining, or agricultural operations.
Special handling garden trash means accumulation of tree branches, tree limbs, parts of trees,
bushes and shrubbery over ten inches in diameter; which does not exceed four feet in length, and is too
large to be containerized or bundled and tied.
Special handling wastes means wastes that can require special handling and management,
including, without limitation, white goods, furniture, mattresses, and other bulky items of household trash;
oils; whole tires; lead-acid batteries; and hazardous and biohazardous wastes; but excluding special
handling garden trash.
Structure means anything constructed or erected so that its use requires permanent location on the
ground.
Substantial rehabilitation means rehabilitation the cost of which exceeds 50 percent of the
replacement value of the structure, as determined by the county property appraiser's office.
Townhouse means a single-family dwelling unit attached to a grouping of same on one building site,
with each having separate ingress and egress facilities.
Trash means the same as "rubbish."
Trash container means any container used for temporary storage of trash (e.g. rubbish) approved by
the city manager, but excluding garbage cans.
Tree and shrubbery trash means an accumulation of tree branches, tree limbs, parts of trees, bushes
and shrubbery up to three inches in diameter but which does not exceed four feet in length, and which is
too large to be containerized or requiring to be bundled and tied.
White goods mean discarded refrigerators, ranges, water heaters, freezers, and other similar
domestic and commercial large appliances.
(Ord. No. 2010-3679, § 1, 4-14-10; Ord. No. 2012-3768, § 1, 6-6-12)
Cross reference--Definitions generally, § 1-2.
Sees. 90-3-90-35. -Reserved.
Page 5 SRC 14
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
ARTICLE II.-ADMINISTRATIONI61
Footnotes:
---(2) ---
Cross reference-Administration, ch. 2.
Sec. 90-36. -Enforcement of chapter; notice of violation.
(a) The city manager is hereby authorized and directed to enforce all the provisions of this chapter
regulating and governing the accumulation, collection, and disposal of solid waste. The city manager
shall have the power to delegate duties to employees working under his authority (including, without
limitation, the city's public works director) in the enforcement of the provisions of this chapter.
(b) Upon presentation of proper credentials, an inspector designated by the city manager may enter any
building, structure, lot or other premises for the purpose of inspection, or to prevent violations of this
chapter.
(c) The existence of solid waste shall be prima facie evidence that the same was created or placed
there by the occupant of the dwelling or commercial establishment; or the owner; or the operator or
manager. The existence of the same garbage inside the same garbage containers for four
consecutive days upon a premises serviced by a private waste contractor shall be prima facie
evidence of a violation of this chapter by the contractor. For purposes of this section premises
serviced by a private waste contractor shall not include accounts that have been discontinued by the
contractor when notice of discontinued service has been mailed to the owner, occupant, or operator
or manager, as well as to the city, prior to the accumulation of the garbage.
(d) Whenever a designated city inspector observes a violation (or violations) of this chapter regarding
solid waste or an accumulation of solid waste that creates a health hazard, environmental hazard, or
nuisance, the inspector shall order the violation(s) to be corrected within a specified period of time by
serving a written notice of violation(s) upon the person causing, or responsible for, such violation
and/or health hazard, environmental hazard, or nuisance. Such person shall immediately cease or
abate the violation(s).
(e) A notice of violation shall be served personally or by certified mail upon the property owner or upon
the person(s) in lawful possession of the premises, and/or upon the waste contractor servicing the
premises. If the person addressed with such notice cannot be found by the city after making
reasonable good faith effort, such notice shall be sent by certified mail to the last known address of
such person, and a copy of the notice shall be posted in a conspicuous place on the premises. Such
notice shall be deemed the equivalent of personal service.
(f) The notice shall specify any fine(s) that may be due in connection with the violation(s), the time
specified by the inspector to correct the violations, and the procedure for timely payment or appeal of
the fine(s).
(g) If the inspector determines that the conditions constitute an immediate threat to the health, safety or
welfare of the public, he/she may order the immediate correction of the violation(s) at the expense of
the occupant, owner, or operator or manager and the city shall have the right to recover such
expenses as provided in section 90-37.
(h) The enforcement of the recycling requirements for the citywide recycling program for multifamily
residences and commercial establishments provided for in article V of this chapter, and the penalties
for violations of article V, are provided in sections 90-345 through 90-347 of this chapter.
Page6 SRC 15
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(Ord. No. 2010-3679, § 1, 4-14-10; Ord. No. 2012-3768, § 2, 6-6-12)
Sec. 90-37. -Removal of waste by city; penalties for violations.
If the person served with a notice of violation pursuant to section 90-36 does not correct the violation
within the specified time, the city manager may do the following:
(1) For violations involving failure to remove solid waste, the city manager may cause the waste to
be removed from the premises and charge the actual costs to the owner, occupant, or operator
or manager, on a force account basis. Any fine due pursuant to section 90-39 or 90-40 shall
also be charged to the owner, occupant, or operator or manager. Failure to pay such costs and
fines or to appeal pursuant to section 90-38 within 15 days of receipt of the notice shall result in
the imposition of a lien upon the property, in the amount of such costs and fines. Such liens
shall be treated as special assessment liens against the subject real property and, until fully
paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem
taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles and
claims in, to or against the real property involved. Such liens shall be enforced by any of the
methods provided in F.S. ch 86; or, in the alternative, foreclosure proceedings may be instituted
and prosecuted under the provisions of F.S. ch. 173; or the collection and enforcement or
payment thereof may be accomplished by any other method authorized by law. The owner,
occupant, or operator or manager shall pay all costs of collection, including reasonable
attorneys' fees, incurred in the collection of fines, and other charges, penalties, and liens
imposed by virtue of this chapter.
(2) For violations of this chapter for which no fine is specified in sections 90-39 and 90-40, the city
attorney may prosecute the violators pursuant to section 1-14. Fines for such offenses shall be
as follows:
a. First offense: $350.00.
b. Second offense: $500.00.
c. Third offense: $1 ,000.00.
d. Fourth or subsequent offense: $5,000.00.
(3) For violations which present a serious threat to the health, safety or welfare of the public and/or
violations that constitute a fourth or subsequent offense by the same violator, the city may seek
injunctive relief and/or, in the case of commercial establishments, revoke the business tax
receipt and/or certificate of use of the establishment and/or premises, in addition to the
penalties set forth in subsection 90-37(2).
(Ord. No. 2010-3679, § 1, 4-14-10; Ord. No. 2012-3768, § 2, 6-6-12)
Sec. 90-38. -Appeal to special master.
(a) Any person receiving a notice of violation pursuant to section 90-36 and/or a notice of fine pursuant
to sections 90-39 and/or 90-40 may request, within 15 days of receipt of the notice, an administrative
hearing before a special master, appointed as provided in article II of chapter 30, to appeal the
decision of the city inspector resulting in the issuance of the notice. Procedures and application fee
for the scheduling and conduct of the hearing shall be as provided in sections 1 02-384 and 1 02-385.
Failure to appeal within the prescribed time period shall constitute a waiver of the violator's right to
an administrative hearing. A waiver of the right to an administrative hearing shall be treated as an
admission of the violation, as noticed, and fines and penalties may be assessed accordingly.
(b) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of a lien pursuant to
section 90-37 or 90-136, or enforcement procedures pursuant to section 90-36, until 30 days after
the issuance of a written determination by the special master. Any amounts of money due the city
Page 7 SRC 16
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
pursuant to such determination must be received by the city within 30 days after the issuance of the
determination, or a lien shall be imposed upon the property in question, and any other enforcement
or collection procedures commenced, as provided by this chapter or under state law.
(Ord. No. 2010-3679, § 1, 4-14-10; Ord. No. 2012-3768, § 2, 6-6-12)
Sec. 90-39.-Fine schedule for violations issued and applied to owners, agents, tenants, occupants,
operators or managers, or persons responsible for the violation.
Fine
{a) Violation(s) of section 90-36: A solid waste violation or accumulation of solid waste that creates a
health hazard, environmental hazard or nuisance:
a. First offense ..... $1 ,000.00
b. Second or subsequent offense ..... 2,000.00
{b) Violations of sections 90-96, 90-97 and 90-98:
{1) Garbage facilities on public property without a permit:
a. First offense, per garbage facility ..... $200.00
b. Second or subsequent offense, per garbage facility ..... 1 ,000.00
Fine
failure
correct
specified
after notice
{2) Dumpsters located and kept on front yard or side yard facing street {corner lots) ..... $200.00
{3) Dumpsters not kept in approved garbage storage facility ..... 200.00
for
to
in
time
{ 4) Owners; occupants; or operator or managers without garbage collection service where required
by this chapter {private or city) ..... 400.00
{5) Individual properties with different ownerships sharing the same service, with or without
consent, per owner ..... 400.00
Fine
{c) Violations of sections 90-99 and 90-100:
{1) Open lid on garbage facility{ies) ..... $100.00
{2) Insufficient garbage facility{ies) capacity ..... 200.00
{3) Insufficient frequency of garbage collection ..... 200.00
{4) Overloaded garbage facility{ies) ..... 200.00
{5) Lack of/or deteriorated garbage facility{ies) ..... 200.00
{6) Garbage or miscellaneous trash around garbage facility{ies) ..... 200.00
{d) Violations of sections 90-100-90-105:
Page 8 SRC 17
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(1) Illegal disposal of garbage, trash, industrial and bulky waste:
a. First offense ..... $500.00
b. Second or subsequent offense ..... 1 ,000.00
(2) Illegal disposal of garden trash, tree and shrubbery trash and/or special handling trash:
a. First offense ..... 500.00
b. Second or subsequent offense ..... 1 ,000.00
(3) Illegal disposal of biohazardous and/or hazardous waste:
a. First offense ..... 2,000.00
b. Second or subsequent offense ..... 4,000.00
(Code 1964, § 14A-32; Ord. No. 2010-3679, § 1, 4-14-10; Ord. No. 2013-3810, § 1, 9-11-13;
Ord. No. 2015-3972, § 1, 10-14-15)
Sec. 90-40.-Fine schedule for violations of sections 90-36; 90-98; 90-99; 90-100; 90-107; 90-191 et seq.;
90-221 et seq.; and 90-228 by private waste contractors.
(a) Violations of section 90-36: The existence of the same garbage inside the same garbage container
for four consecutive days upon a premises serviced by a private waste contractor:
Fine for
failure to
correct
specified
after notice
a. First offense ..... $1 00.00
b. Second or subsequent offense ..... 250.00
(b) Violations of section 90-98:
(1) Dumpsters and rolloffs placed on public property without city permit, per day ..... $100.00
(c) Violations of sections 90-99 and 90-100:
(1) Deteriorated, rusted, decayed or unserviceable dumpsters ..... 150.00
(2) Outdoor garbage dumpster(s) without lid ..... 100.00
in
time
(3) Failure to remove all garbage and trash placed in garbage can or container and generated by
the account being serviced ..... 250.00
(d) Violations of sections 90-191 through 90-196; and 90-221 through 90-228:
(1) Dumpsters currently in service, overflowing and generating a health hazard, per offense
..... 500.00
(2) Dumpsters not sanitized or disinfected after collection ..... 1 00.00
(3) Dumpsters not removed after account is closed or permit or license is revoked ..... 1 00.00
(4) Dumpsters without contractor's identification ..... 50.00
(5) Dumpsters or other garbage facility(ies) installed without permits ..... 100.00
(6) Garbage facilities placed by contractor without permit:
a. First offense ..... 50.00
Page9 SRC 18
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
b. Second or subsequent offense by same contractor during same city fiscal year ..... 200.00
(7} Contractors not reporting timely a stopped service in writing to the city manager or his designee
(temporary or permanent} ..... 50.00
(8} Contractor's truck breaking sidewalks, curb and gutters; contractor's truck driving over
sidewalks, curbs, and blocking pedestrian traffic; or breaking water meter, electric meter or
other types or lids on city property; cost of replacement by city plus:
a. First offense ..... 1 00.00
b. Second or subsequent offense ..... 200.00
(9} Contractors leaving trucks, not servicing accounts, parked within city limits, per day ..... 1 00.00
(10} Dumpsters not in service and generating a health hazard and dumped on city limits prior to
removal, per offense ..... 500.00
(11} Dumpsters not returned by contractor to approved location, per offense ..... 50.00
(12} Dumpsters providing shared service to properties with different ownership, per offense
..... 200.00
(13} Failure to maintain an office in Miami-Dade County with adequate staff and service or failure to
resolve complaints within required time period:
a. First offense ..... Warning
b. Second or subsequent offense ..... 1 00.00
(14} Failure to remove all garbage, rubbish and trash in garbage can or container and placed within
immediate area of owner, occupant, or operator or manager's property line where container is
located and, at a minimum, within a radius of ten feet around the container:
a. First offense ..... Warning
b. Second or subsequent offense by same contractor during same city fiscal year ..... 50.00
(15) Contractor's trucks or garbage facilities leaking fluids, per offense ..... 50.00
(16) Violation of collection hours, per offense ..... 1 00.00
(17) Failure of permanent contractor employees to carry approved identification cards while servicing
account(s}, per offense ..... 50.00
(e) Payment of city's costs. In addition to the above-stated fines, violators must also pay any costs
incurred by the city in the event the city corrects any violation(s} pursuant to sections 90-36 and 90-
37.
(Ord. No. 2010-3679, § 1, 4-14-10; Ord. No. 2013-3810, § 1, 9-11-13)
Sees. 90-41-90-70.-Reserved.
ARTICLE Ill.-COLLECTION AND DISPOSAL
DIVISION 1.-GENERALLY
Sec. 90-71.-City manager rules and regulations.
Page 10 SRC 19
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
The city manager is hereby delegated and shall have the full authority to promulgate rules and
regulations to enforce and administer the provisions of this article, provided such regulations are not
inconsistent with this article; are in writing; and are approved by the city commission.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sees. 90-72-90-95.-Reserved.
DIVISION 2.-COLLECTION
Sec. 90-96. -Removal, storage and disposal of unauthorized garbage facilities found on public property.
(a) Garbage facilities found on public property without a city permit for that location shall be removed
immediately by the city. If the owner, occupant, or operator or manager of the premises is
identifiable, the city manager or his designee shall promptly thereafter serve a notice of violation, and
notice of removal and storage location of the facility, upon the violator by certified mail.
(b) Upon removal of a garbage facility pursuant to subsection (a), the city shall retain the facility for a
period of 30 days thereafter, during which time the owner, occupant, or operator or manager of the
premises may claim the facility upon payment of the city's cost of removal and storage, and payment
of the imposed fine.
(c) Garbage facilities not retrieved within 30 days, pursuant to subsection (b) may be disposed of as
provided by law.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-97.-Garbage collection services.
(a) Mandatory. Each dwelling or commercial establishment in the city is required to have a solid waste
collection service, and garbage facilities approved by the city manager.
(b) Collection by single-family waste contractors. All solid waste generated by single-family residences
and multifamily residences of eight units or less shall be collected, conveyed and disposed of by a
single-family waste contractor(s).
(c) Collection by franchise waste contractors. All solid waste generated by commercial establishments,
industrial uses, hotels, roominghouses, multifamily residences of nine dwelling units or more shall be
collected, conveyed and disposed of by franchise waste contractors.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-98.-Location of garbage facilities and garbage storage facilities.
(a) All garbage facilities shall be kept together in or within a walled or enclosed area on private property
or (if not on private property) at a location approved by the city manager. Such area shall not extend
into any front yard. On corner lots it shall not extend into any side yard facing a street. Such area
shall be accessible to both single-family waste contractors and franchise waste contractors. The area
shall be located so that garbage collectors do not have to use stairs or ascend or descend split
elevations in the collection process. The location of a garbage facility in an area requiring the
garbage collector to use stairs or ascend or descend split elevations in order to accomplish the
collection process is deemed to be a health hazard and subject to penalty pursuant to sections 90-
37, 90-39 and 90-40.
Page 11 SRC 20
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(b) A city building permit shall be required for construction of a garbage storage facility, and such facility
shall be constructed so as to be compatible in appearance with the building and/or premises it
services.
(c) It shall be the responsibility of the owner, occupant, or operator, or manager of a property, and the
franchise waste contractor servicing that property, to ensure the return of garbage facilities to the
approved location after collection.
(d) At no time shall any garbage facility be kept upon any public property, including, without limitation, on
any street, alley, sidewalk, other right-of-way, or public land provided, however, that containers
provided for pickup of recyclable materials may be placed in front of property between the hours of
12:01 a.m. and 11:59 a.m. on designated pick-up days.
(e) All new commercial buildings and all new multifamily residences exceeding eight units shall provide
a garbage storage facility approved by the city's planning department, public works department, and
building department, as to location, size, and such other criteria deemed necessary by applicable
law(s).
(f) All buildings that are undergoing substantial rehabilitation, construction of an addition or additions, or
are under new construction or undergoing a change of use must provide a garbage storage facility
approved by the city's planning department, public works department, and building department as to
location, size and other criteria as required by law or city ordinance.
(g) All new restaurants and all restaurants undergoing substantial rehabilitation, or construction of an
addition or additions, shall have air conditioned garbage storage facilities approved by the city's
planning department, public works department. and building department, as to location. size and
such other criteria as required by applicable laws.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-99.-Condition and inspection of garbage facilities.
All garbage facilities shall be maintained in good condition and repair. All such facilities shall be
provided with a cover sufficiently tight to deter flies or other insects from having access to the contents of
the receptacles. Containers in which wet garbage or trash matter are placed shall be leakproof. All
garbage shall be subject to inspection and approval, or condemnation, by inspectors authorized by the
city manager. An appeal from a condemnation shall be to the city manager or his authorized designee.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-100.-Minimum capacity requirements for various types of uses and occupancies.
(a) It shall be the responsibility of the owner, occupant, manager or operator of the premises to provide
sufficient tern porary garbage and trash storage through the use of approved garbage facilities.
(b) The garbage cans or containers per property shall not be limited provided each individual property
has its approved number of garbage cans or containers. and provided that all garbage is picked up a
minimum of twice a week. The city manager or his authorized designee has the authority to approve
the capacity of cans or containers, and the frequency of collection services for an individual property
pursuant to the guidelines as set forth below.
(c) The city divides and classifies solid waste and its handling requirements as follows:
(1) Residential refuse is all the garbage, trash (e.g. rubbish), or other solid waste generated in any
dwelling used for a single-family residence, including, without limitation, a single-family home,
duplex, townhouse, apartment, or other multifamily residence. The city manager or his
authorized designee will determine the necessary capacity of cans or containers and frequency
of collection service based on the standard of two 30-gallon cans or containers, per family, in a
Page 12 SRC 21
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
single-family residence, such as a single-family home, duplex or townhouse; and for
apartments, one 30-gallon can or container, per apartment.
If an owner, occupant, or operator or manager uses containers the volume of which is
measured in cubic feet or yards, the foregoing requirements shall be computed by assuming
that one gallon equals 0.133 cubic foot.
(2) Commercial refuse is all solid waste generated by commercial establishments including, without
limitation, stores, office buildings, restaurants, bars, hotels, motels, markets, schools, churches,
and hospitals and other institutional buildings. Minimum requirements for capacity of cans or
containers and frequency of collection are as follows:
a. Restaurants, stores, office buildings, churches, schools, cafeterias, bars, markets, hotels
and motels will have container minimum capacities and frequency of service as approved
by the city manager or his designee on a case-by-case basis.
b. The required minimum capacity may be supplied by providing garbage facilities of sufficient
size and number as are required to hold the minimum capacity (as defined below), and by
providing for all such garbage facilities to be emptied at least twice a week; or by providing
cans or containers of lesser sizes or number, provided that the same are emptied on a
regularly scheduled basis, but more frequently than twice a week. The product of the
capacity of the containers provided multiplied by the number of times per week the
containers are emptied shall equal to the minimum capacity requirements in this
subsection b. Minimum capacity requirements may also be met through the use of a
garbage or trash compactor, in which event the minimum required capacity of the actual
cans or containers provided shall be reduced by the same ratio as the compactor is
capable of reducing the bulk of garbage or trash, (as certified by its manufacturer).
c. Where the minimum capacity requirements of this section are met through the use of
collections on a basis more frequent than twice a week, or through the use of a garbage or
trash compactor, the owner, occupant, or operator or manager shall, if requested by the
city manager or his authorized designee provide proof of the frequency of trash and
garbage collections or, in the case of a compactor, the manufacturer's brochures or
certification indicating its capacity. If such proof is not provided when requested it shall be
presumed that the capacity supplied is that of the containers provided, and that the
containers are emptied on a basis no more frequent than once a week.
d. Installation of compactors is subject to approval of the building department director, and a
duly issued permit by the building department.
(3) Industrial waste is all solid waste generated by construction, land claims, excavation of
structures, roads, streets, sidewalks or parkways, including waste collected for recycling; such
as (but not limited to) oils, greases and papers. Any such waste that, due to volume or nature,
does not lend itself to collection and incineration, shall be removed through special handling and
shall be the responsibility of the person(s) who generates the waste.
(4) Bulky waste. All large items of household refuse, such as appliances, furniture, accumulations
from major tree cutbacks, large crates and like articles shall be disposed of by the person(s)
who generates the bulky waste.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-101.-Removal of garbage, trash and other items.
(a) Any owner, or occupant of a single-family residence, duplex, or townhouse, shall be required to
remove from such property, and the area adjacent to the property between the property line and the
paved portion of the public right-of-way, any and all garbage, trash or other solid waste within 24
hours of the time such waste is placed in that area.
Page 13 SRC 22
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(b) It is prohibited for an owner, occupant, or operator or manager of a commercial establishment to
transport any type of garbage, trash or other solid waste off the premises on which it was generated.
Violators of this section shall be subject to fine and penalty as provided under sections 90-37, 90-39
and 90-40.
(c) This section shall not be deemed to apply to any garbage, trash or other solid waste properly stored
for collection in accordance with the provisions of this chapter, or the temporary storage, pending
collection, of discarded furniture, appliances, or bedding for a period of less than one week.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-102. -Illegal disposal of solid waste.
Except as provided elsewhere in this chapter, it shall be unlawful to deposit (i.e. dump) garbage,
trash or any other solid waste upon any vacant, occupied or unoccupied premises; or upon any street,
alley, parkway or park; or in any canal, waterway, bay, ocean, pool or lake within the city.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-103.-Disposal of biohazardous or hazardous waste.
Notwithstanding any other provisions of this chapter, biohazardous and/or hazardous waste shall not
be placed in garbage cans, or containers, trash containers or dumpsters for routine collection.
Substances in this class shall be segregated and disposed of as provided by state and federal law
including, without limitation, the procedures set forth in F.A.C., ch. 17-7, which prohibits the deposit of this
type of waste in a sanitary landfill.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-104.-Removal of industrial wastes.
Removal of industrial wastes is the responsibility of the owner, occupant, or operator or manager of
the premises; or of the construction contractor performing such work on the premises; or such other
person or persons creating or causing the accumulation of such materials on the premises, as the case
may be. Such removal must be done by a private waste contractor.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-105.-Disposal of garden trash, tree and shrubbery trash, and special handling garden trash.
(a) Options. Property owners or occupants serviced by the city shall have the following options for
disposal of their garden trash and tree and shrubbery trash. The owner or occupant may:
(1) Either containerize the garden trash or bundle the tree and shrubbery trash for city collection; or
(2) Transport such material(s) to a regulated stash area and deposit it there, at the owner or
occupant's expense.
{b) Containerized or bundled material. Material that is containerized or bundled shall be placed at
curbside no sooner than the evening prior to the scheduled collection day.
(c) Contractor pickup procedures for garden trash, and tree and shrubbery trash.
Page 14 SRC 23
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(1) Garden trash shall be placed into garbage cans or containers, plastic bags, or other
weatherproof containers strong enough to support the weight of the material, but not to exceed
50 pounds, and are to be placed curbside for pickup on a regular collection day.
(2) Tree and shrubbery trash shall be tied in bundles with material strong enough to support the
weight of the bundle, but such bundle shall not exceed 50 pounds, and shall be left at the curb
for pickup on a regular collection day.
(d) Contractor pickup procedures for special handling garden trash. Special handling garden trash will
be collected only from city-serviced accounts, and scheduled on a date mutually agreeable to the city
and the account.
(e) Fees. All pickup of garden, tree or shrubbery trash is subject to a fee, which fee shall be determined
by the city manager, but subject to approval by the city commission.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-106.-Use of regulated stash areas.
The city may establish a regulated stash area(s), as approved by the city commission, and which
may be operated by the city or by a private waste contractor, if approved by the city commission. Upon
payment of a fee, said fee subject to approval by the city commission, members of the public may deposit
such trash or other solid waste at the regulated stash area, in accordance with reasonable rules and
regulations promulgated from time to time, by the city manager or has authorized designee.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-107.-Exemption for recycling pursuant to interlocal agreement.
Notwithstanding any other provision of this chapter, collection and disposal of recyclable materials
pursuant to an interlocal agreement which the city has entered into, or may enter into with Miami-Dade
County, for inclusion in the county's curbside recycling program, shall be exempt from the requirements of
this chapter and shall be governed by the terms of the most current version of the interlocal agreement.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sees. 90-108-90-130.-Reserved.
DIVISION 3.-RATES, CHARGES, BILLING PROCEDURES
Sec. 90-131.-Fees for collection.
Except as otherwise provided in this chapter, all owners or occupants of residential properties in the
city, shall pay the city the fees set forth in this division for the solid waste collection and disposal,
including the availability of such service.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-132.-Liability for fees owed to city.
Page 15 SRC 24
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(a) It shall ultimately be the responsibility and liability of the owner of the property and/or premises to
pay the proper service fee and to furnish the necessary number of garbage facility for such property
and/or premises, in accordance with the established need therefor, as determined by the city
manager or his authorized designee. A commercial establishment in the same building with a
residential unit or with another commercial establishment, even though under the same ownership,
shall not be considered a part of such residential unit or other commercial establishment but shall be
treated as a separate commercial establishment upon which a separate waste fee shall be due. The
operator of the principal business on a premises shall be considered as the operator of any leased
department conducted as a part of, or along with, the principal business for the purpose of fixing
responsibility of paying the necessary service fee, and furnishing necessary garbage facilities.
(b) The service fee required and imposed by this division is the ultimate responsibility of the owner of the
property and/or premises. Nothing contained in this chapter shall be construed or interpreted so as to
impose such responsibility and liability for payment of the service fee, upon a residential tenant or
occupant of any hotel or apartment building.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-133.-Single utility billing.
The city's chief financial officer may direct, where practicable, that the appropriate charges for solid
waste fees be included on any bill rendered for water and sewer charges. A sanitation commercial impact
fee shall be charged monthly on each commercial business account and included on any bill rendered for
water and sewer charges. This fee would be based on each commercial business's equivalent
commercial unit (ECU), as shown on the fee schedule below. The terms 11Commercial business account"
and "commercial units" shall exclude from their definitions townhouse and duplex units, apartment units,
and other multifamily residential buildings fronting a private street, and whose waste removal services are
provided by a private waste contractor.
Number of Equivalent Commercial Units
Monthly Charge
(ECU)
From 0 to 25 $16.00
From 26 to 50 24.00
From 51 to 75 30.00
From 76 to 100 40.00
101 and above 50.00
The combined bills are subject to all provisions as set forth in chapters 90 and 110.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-134.-Occupation of premises deemed evidence that garbage or trash is being produced.
Page 16 SRC 25
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
The fact that any residential dwelling or commercial establishment is occupied shall be prima facie
evidence that garbage or trash is being produced and accumulated upon such premises and that, with
regard to all premises serviced by the city, fees for the collection and disposal thereof are due the city.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-135.-When fees payable.
The fees prescribed in this division are payable monthly, in advance, beginning on October 1 of each
year. The credits provided in section 90-137 shall also be prorated on a monthly basis. Fees for new
occupancies will be fixed on a prorated basis commencing on the date of issuance of a certificate of
occupancy. No refunds will be made. All fees shall be payable promptly, upon billing by the city.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-136. -Liens; penalty for delinquency in payment of fees; payment of collection costs and
attorney fees.
All services charges, fines, and special collections resulting from violations of this chapter, which
become due to the city and payable on and after October 13, 1984, shall constitute and are hereby
imposed as liens against the particular real property involved, and, until fully paid and discharged, shall
be imposed as special assessment liens against the subject real property, and shall remain liens equal in
rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other
liens, encumbrances, titles and claims in, to or against said real property. The above-referenced charges
shall become delinquent if not fully paid within 15 days after the due date. The maximum rate of interest
allowable by law shall accrue to such delinquent accounts. Unpaid and delinquent charges, together with
all penalties imposed thereon, shall remain and constitute liens against the real property involved. Such
liens shall be enforced by any of the methods provided in Ch. 86, Florida Statutes; or, in the alternative,
foreclosure proceedings may be instituted and prosecuted pursuant to Ch. 173, Florida Statutes; or the
collection and enforcement of payment thereof may be accomplished by any other method authorized by
law. In addition, to any other charges imposed by this chapter. The owner shall be responsible for
payment of any and all costs, including attorney fees and costs, resulting from collection of said
fees/charges.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-137.-Schedule of fees for collection and disposal of garbage and trash.
(a) Fees for collection and disposal of garbage and trash are as specified in appendix A.
(b) The charges, rates, and other terms for collection and disposal for commercial establishments will be
as prescribed in the contract entered into between the particular establishment and the private waste
contractor.
(c) The city manager shall have the authority to adjust base fees (upwards or downwards, as the case
may be) where, in particular instances, the accumulation of solid waste exceeds or falls below that
for which the base fee was established.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sees. 90-138-90-170.-Reserved.
ARTICLE IV.-PRIVATE WASTE CONTRACTORSru
Page 17 SRC 26
Attachment 1: City of Miami Beach Code of laws and Ordinances-Chapter 90 Solid Waste
Footnotes:
---(3) ---
Cross reference-Businesses, ch. 18.
DIVISION 1.-GENERALLY
Sees. 90-171-90-190.-Reserved.
DIVISION 2.-LICENSE AND PERMIT
Sec. 90-191.-Licenses, permits, indemnification, and insurance required for all contractors.
The requirements of this division are to:
(1) Ensure and facilitate the collection of fees to provide uniformity and quality of service from the
contractors;
(2) Minimize wear and tear, traffic congestion, and noxious and noisome materials, odors and
activities in and around city streets and other public rights-of-way and public property; and
(3) Assure that the citizens of the city have safe, efficient, sanitary and qualified licensed
contractors.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-192.-Business tax receipt required.
(a) No person shall engage in the business of disposal and/or collection of any kind of solid waste, or
recyclable material within the city without first having been approved by the city manager, and having
secured a current business tax receipt for such activity. The business tax receipt will be issued once
an applicant has met all requirements, as set forth in this division and in chapter 18, and has paid the
applicable business tax receipt fee.
(b) Business tax receipts for private waste contractors shall be classified as follows:
(1) Franchise waste contractors;
(2) Rolloff and grapple service contractors;
(3) Recycling contractors;
( 4) Hazardous waste contractors; and
(5) Biohazardous waste contractors.
(c) Only franchise waste contractors shall not be required to obtain separate business tax receipts for
servicing rolloffs and portable containers; for collection of hazardous and biohazardous waste, and
for recycling activities.
Page 18 SRC 27
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(d) The city manager shall have the authority to create any additional business tax receipt
classifications, as deemed necessary to protect the public health, safety, or welfare, subject to the
approval of the city commission.
(e) Any (and each) application for a business tax receipt for collection and disposal of any kind of solid
waste shall require and be subject to the prior approval of the city manager, which approval, if given
at all, shall be obtained prior to issuance of the particular business tax receipt.
(f) Issuance of a business tax receipt shall require completion of an application form showing the name
of the person to be licensed; (or in the case of a corporation or other business entity, the names of
the principal partners, owners, officers and directors or the name of the person who will actually
manage and operate the business), together with the business and home address of each person;
the description of all equipment and vehicles to be used in such collection and disposal; and a
description of the method of disposal, including the location of all garbage facilities. The applicant
shall also provide evidence that any garbage facility described is licensed or approved by the city
pursuant to this chapter. No applicant under this section shall substitute the permanent personnel
named in its application, nor the equipment, vehicles, or methodology for disposal and collection, nor
the location of garbage facilities described in its application, without first having reported such
changes to the city manager, and obtained the manager's prior written approval of the
substitution/change. In the case of changes in the location of disposal facilities, such changes shall
also be approved by the proper authorities of the county and municipality where such disposal facility
is located.
(g) Any business tax receipt granted to a private waste contractor pursuant to this section shall not be
assigned, nor shall any receipt remain valid, if the controlling stock ownership or voting rights of a
contractor (who is a corporate entity) is transferred or assigned, except with the prior express written
approval of the city manager.
(h) Assignment or transfer (including, without limitation, the transfer of controlling stock ownership or
voting rights) of a franchise waste contractor's business tax receipt and/or franchise agreement must
first be approved by resolution of the city commission.
(i) The foregoing restrictions on stock transfer shall not apply to corporations whose common stock is
traded over the New York Stock Exchange or the American Stock Exchange, or that are institutional
lenders.
0) In the event of any assignment or transfer pursuant to this section, the assignee shall execute an
agreement of acceptance, subject to the approval of the city manager, evidencing that such assignee
accepts the assignment subject to any or all of the provisions of this chapter and, if also a franchise
waste contractor, of any applicable franchise agreement with the city; which acceptance shall also
include an affirmative statement evidencing such assignee's intent to fulfill the obligations imposed
under this chapter.
(k) Notwithstanding the city's approval of an assignment or transfer of a franchise agreement, and the
assignee's acceptance thereof, the original franchisee shall guarantee the performance of its
assignee; and such assignment shall always provide the city with full recourse to the original
franchisee.
(I) Any contractor doing business, as specified in subsection (b) of this section, within the city limits,
without first obtaining the required business tax receipt, will be subject to enforcement procedures
and penalties, as set forth in section 102-356 et seq. Failure to comply with the regulations set forth
in this chapter or in chapter 18 may result in the suspension or revocation of the business tax receipt
pursuant to chapter 18 and, if a franchise wash contractor, of suspension or revocation of the
franchise.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-193.-Permit required.
Page 19 SRC 28
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
The city manager shall require, and will issue, a permit for each garbage facility, recycling,
hazardous and biohazardous waste, rolloff and portable container, for all solid waste accounts in the city
serviced by a private waste contractor. The permit for solid waste collection and disposal shall be issued
by the city manager after the contractor has complied with all requirements for obtaining a business tax
receipt; any and all other requirements prescribed by this chapter; and has been cleared by the city's
finance department. Rolloffs, portable containers and containers for recycling or hazardous and
biohazardous wastes shall be included, except that all recycling containers situated in a single location on
a property shall require only one permit.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-194.-Observance of federal, state, local regulations.
All private waste contractors shall keep fully informed of all federal, state and local laws, ordinances,
codes, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority
that in any manner affect the work, or that in any way affect the conduct of their work. Contractors shall at
all times observe and comply with all such laws, ordinances, codes, rules, regulations, and orders and
decrees. Each private waste contractor shall obtain all required licenses including, without limitation,
business tax receipts) and permits to conduct business pursuant to this chapter.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-195.-Indemnification.
Each private waste contractor shall execute an indemnification agreement whereby the contractor
covenants to indemnify, hold harmless and defend the city, its officers, agents and employees, against
and assumes all liability for any and all claims, suits, actions, damages, liabilities, expenditures or causes
of actions of any kind arising from any solid waste collection and/or disposal activities, and/or the use of
any public streets for the purposes authorized in this chapter; or resulting or accruing from any
negligence, act, omission or error of the contractor, its officers, agents or employees and/or arising from
the failure of the contractor, its officers, agents or employees, to comply with each and every covenant of
any applicable franchise agreement with the city, or with any other city or county ordinance or state or
federal law applicable to its activities and resulting in or relating to bodily injury, loss of life or limb or
damage to property sustained by any person. The contractor shall hold the city, its officers, agents, and
employees, harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses
and liabilities incurred in and about any such claim, investigation or defense thereof, which may be
entered, incurred or assessed as a result of the foregoing. The contractor shall defend, at his sole cost
and expense, any legal action, claim or proceeding instituted by any person against the city, its officers,
agents and employees, as a result of any claim, suit or cause of action accruing from activities authorized
by this chapter.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-196.-Insurance required.
(a) Each private waste contractor must maintain throughout the entire effective period and/or term of its
business tax receipt and/or franchise agreement, whichever term is longer, the following required
insurance coverage:
(1) Commercial genera/liability, in the amount of $1,000,000.00 per occurrence for bodily injury
and property damage. This policy must include coverage for contractual liability and specifically
re-state the indemnity agreement set forth in section 90-195. The city must be named as an
additional insured on this policy.
Page 20 SRC 29
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(2) Automobile liability, in the amount of $1 ,000,000,00 per occurrence for bodily injury and
property damage, covering all vehicles owned, leased or used by the contractor within the limits
of the city. The city must be named as an additional insured on this policy.
(3) Workers' compensation and employer's liability, as required by state law.
(b) All companies providing insurance shall be authorized to do business in the state and rated B+:VI or
better by Best's Key Rating Guide, latest edition.
(c) No change or cancellation of any insurance coverage shall be made without 30 days' written notice
to the city's risk manager.
(d) All required policies of insurance are intended to be primary coverage to any insurance or self-
insurance of the city possesses that may be applied to a loss resulting from the work performed by
the contractors pursuant to this chapter.
(e) All policies shall provide full coverage from the first dollar of exposure. No deductibles will be allowed
in any policies.
(f) As evidence of the above required coverage, the contractor must provide original certificates of
insurance to the city's risk manager, which must be approved by the risk manager prior to the
issuance of a business tax receipt, or the commencement date of a franchise agreement, as the
case may be. The contractor must submit a new certificate evidencing continuing or replacement
coverage prior to the expiration date of the insurance policies and must submit annually certified
copies of the liability policies required in subsections (a)(1 ), (2).
(g) The city manager reserves the right to increase the kinds and amounts of insurance coverage
required in this section, including the right to make periodic adjustments to the amounts of required
coverage for inflation.
(h) Operation of activities by the contractor without the required insurance shall be grounds for
revocation or suspension of the contractor's business tax receipt and/or franchise agreement.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sees. 90-197-90-220.-Reserved.
DIVISION 3.-FRANCHISE
Sec. 90-221. -Required; fees.
Each franchise waste contractor shall pay to the city a franchise fee consisting of a percentage of the
contractor's total monthly gross receipts. The city commission shall have the option of raising the
franchise fee once yearly, by resolution, following a duly noticed public hearing with 30 days' prior notice
to all franchise waste contractors. Such raises shall not exceed two percent of the contractor's total
monthly gross receipts yearly. The term ngross receipts" as used in this section shall mean the entire
amount of the fees collected by the contractor (whether wholly or partially collected) for solid waste
collection and disposal within the city and including, without limitation, but excluding any taxes, and gross
receipts from servicing rolloff and portable containers.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-222. -List of accounts.
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Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(a) Each franchise waste contractor shall provide the city manager with the following information upon
initial application for a franchise and, thereafter, at the commencement of each application for
renewal:
(1) A current list of the names and addresses of each account franchise:
(2) The frequency of service;
(3) The permit number and capacity of each waste dumpster as per account;
(4) The permit number and capacity for each recycling container, as per account;
(5) The address serviced by each dumpster; and
(6) The address serviced by each recycling container.
(b) No property owner may share an account with another property owner.
(c) Notwithstanding subsection (a)(1 ), the contractor shall notify the city manager, in writing, on a
monthly basis, of any changes in its list of accounts.
(d) Each franchise waste contractor shall notify the City of all accounts that have been discontinued prior
to the accumulation of garbage on the previously serviced premises.
(Ord. No. 2010-3679, § 1, 4-14-10; Ord. No. 2013-3810, § 2, 9-11-13)
Sec. 90-223. -Monthly report.
Each franchise waste contractor shall deliver to the finance department, on or before the last day of
each month, a true and correct monthly report of gross receipts generated during the previous month
from accounts within the city. This monthly report shall include the customer names, service addresses,
account numbers, and the actual amount of solid waste and of any recyclable materials collected from
each customer. Payments of the franchise fee shall be made monthly to the finance department, on or
before the last day of each month, for gross receipts for the previous month. Contractors shall, on or
before 60 days following the close of their respective fiscal year, deliver to the finance department a
statement of annual gross receipts generated from accounts within the city for the preceding fiscal year,
certified by an independent certified public accountant. The contractor's failure to provide the certified
statement of annual gross receipts within the required time frame shall be grounds for revocation or
suspension of the franchise. ;hOn; (Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-224. -Audit or inspection of licensee's books and records.
Each franchise waste contractor shall allow the city's auditors, upon reasonable notice and during
normal business hours (i.e. 9:00a.m.-5:00p.m. Monday through Friday, excluding legal holidays), to
audit, inspect and examine the contractor's books and records, and state and federal tax returns, insofar
as they relate to city accounts, to confirm the contractor's compliance with this division. This information
shall include, without limitation, the following: billing rates, billing amounts, sequentially pre-numbered
invoices, signed receipts, trip tickets, computer records, general ledgers, and accounts receivable.
Additionally, the city's auditors may communicate directly with contractor's customers for purposes of
confirming compliance with this division. Failure to allow access to any books and records in this section
shall be grounds for revocation or suspension of the franchise.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-225.-Failure to pay franchise fee; penalties.
If a franchise waste contractor fails to pay any franchise fee (as set forth in section 90-221 ), when
due and within the time provided, the contractor shall pay any and all of the city's expenses for collection
of same, including, without limitation, audit costs and reasonable attorney fees and costs. If the contractor
Page 22 SRC 31
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
fails to pay the full franchise fee on or before the last day of each month, penalty fees for private waste
collectors/contractors shall be as follows:
{1) Original delinquency. Any franchise waste contractor who fails to remit any franchise fee
imposed by this division within the time required shall pay a penalty of ten percent of the
amount of the delinquent fee in addition to the amount of the delinquent fee.
{2) Continued delinquency. Any franchise waste contractor who fails to remit the franchise fee on or
before the 30th day following the date on which the fee first became delinquent shall pay a
second delinquency penalty of ten percent of the amount of the delinquent fee, in addition to the
amount of the fee, and the ten-percent penalty imposed pursuant to subsection {1 ). An
additional penalty of ten percent of the amount of the delinquent fee shall be paid for each
additional 30-day period, or part thereof, during which the franchise fee is delinquent, provided
that the total penalty imposed by subsection {1) and this subsection {2) shall not exceed 50
percent of the amount of the franchise fee. This penalty shall be in addition to the franchise fee
and interest imposed by this division.
{3) Interest. In addition to the penalties imposed in subsections {1) and {2) of this section, any
franchise waste contractor who fails to remit any franchise fee imposed by this division shall pay
interest at the highest legal rate of interest permitted by law on the amount of the franchise fee,
exclusive of penalties, from the date on which the franchise fee first became delinquent until
paid.
{4) Penalties merged with franchise fee. Every penalty imposed and all interest accrued under the
provisions of this section shall become a part of the franchise fee required to be paid.
(Ord. No. 2010-3679, § 1, 4-14-10; Ord. No. 2015-3969, § 1, 10-14-15)
Sec. 90-226. -Evidence of payment.
In order to effectively provide for the collection of the required business tax receipts to the city, any
person seeking to renew a business tax receipt pursuant to the provisions of chapter 18 shall provide the
finance department with evidence of payment of all outstanding solid waste franchise fees, fines, and
other charges, as a condition to reissuance or renewal of the business tax receipt.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-227. -Handling of complaints.
Each franchise waste contractor shall maintain an office in Miami-Dade County with adequate staff
and telephone service to handle and resolve all incoming calls and complaints between the hours of 8:00
a.m. and 4:00 p.m., Monday through Friday, excluding legal holidays. Between the hours of 4:00 p.m. and
8:00 a.m., Monday through Friday, and all day on Saturday and Sunday, including holidays, each
contractor shall maintain an answering service or answering machine to receive incoming calls and
complaints. Any complaints received by the contractor before noon {12:00 p.m.) shall be resolved before
4:00 p.m. of that same day. Complaints received after noon {12:00 p.m.) but before 8:00a.m. shall be
resolved before noon {12:00 p.m.) of the following day. An emergency telephone number where the
contractor may be reached shall be provided to the city manager or his authorized designee.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-228. -Regulations for servicing dumpsters, compactors and other garbage facilities.
Garbage collection equipment shall consist of trucks with leakproof and enclosed bodies, with
compactors and sanitizing materials in each truck, and covered in leakproof garbage dumpsters. The
Page 23 SRC 32
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
location of each dumpster, recyclable material container, and any and all other garbage facility(ies) shall
be approved by the city manager, or his authorized designee, and a permit will be issued for each. No
dumpster, recyclable material container, or any other garbage facility shall be placed or serviced until
such permit is issued. Notwithstanding the preceding, in the event any such facility is delivered by a
contractor without a permit, the city shall still receive payment for the account in computing the franchise
fee due under section 90-221. Contractors shall return dumpsters, recyclable material containers, and
any other garbage facilities to approved locations after servicing. Compactors shall not be installed
without a permit from the city's building department. Each garbage facility and/or each recycling container
must bear the name of the contractor and must be serviced and sanitized at least twice weekly. Garbage
facilities or recycling containers located on public property, or without a city permit, shall be deemed
abandoned and will be removed by the city at the contractor's expense, pursuant to section 90-331 et
seq. Service pickups by trucks are to be made from streets and driveways. Trucks shall not be driven or
parked on sidewalks at any time. Contractors may not park any truck on any public or private property
within the city when not being used to service accounts. Collection hours for all solid waste or recyclable
materials shall be between the hours of 7:00 a.m. and 7:00 p.m. only. All permanent employees of
contractors shall carry identification cards, approved by the city manager or his designee, at all time(s)
while servicing accounts. In addition to the required solid waste and recyclable materials collection
pursuant to the provisions of this section 90-228, and other requirements of this chapter, contractors shall
include the collection of garbage, rubbish, trash, and recyclable materials, up to and within that immediate
area of the owner's private property line where a dumpster, compactor, recycling container, or garbage
facility may be located and, at a minimum, within a radius of ten feet surrounding the location of said
recycling container, or garbage facility, regardless of whether such garbage, rubbish, trash, or recyclable
materials may or may not be included or secured in a recycling container, or other garbage facility. Such
immediate collection of garbage, rubbish, trash or recyclable materials shall be incorporated by
contractors as part of their regularly scheduled service pickups.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-229. -Selection of franchise waste contractors.
(a) Except as provided in section 90-233, the city shall not authorize more than five franchise waste
contractors for residential and commercial solid waste collections and disposal. Each applicant for a
franchise, or for a renewal thereof, shall submit its qualifications, in writing, to the city manager. The
minimum qualifications to be considered in the granting of the franchise shall include:
(1) Evidence of the applicant's ability to fulfill all duties and requirements of a franchise waste
contractor, as set forth in this chapter, and including, without limitation, proper certification and
adequate insurance coverage.
(2) Certification that the applicant has never defaulted on any government contracts or bid awards.
(3) Evidence that the applicant has the potential for a significant amount of business within the city,
comprised of either a minimum of 50 committed accounts within the city. In the alternative, and
at its sole discretion, the city commission may accept as evidence of compliance with this
subsection, 50 comparable committed accounts from outside of the city.
(4) Certification that there are no unsatisfied judgments against the applicant.
(5) Certification that the applicant is not, and will not be, throughout the term of the franchise
agreement, affiliated with, as a parent, subsidiary, by virtue of an interlocking directorate, or
otherwise, an affiliated entity of any existing, private waste contractor under section 90-191, et
seq., or other franchise waste contractor under section 90-221, et seq., including any current or
prospective applicants therefore.
(6) The applicant's ability and commitment to provide its customers with:
a. Good service;
b. Competitive prices; and
Page 24 SRC 33
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
c. Demonstrated and/or proposed "greenn initiatives.
{7) The applicant's ability and commitment to provide additional"public benefit{s)" to the city which
may include, without limitation, provision of additional waste collection, disposal, and/or
recycling services {at no cost to the city) to city rights-of-way, city-owned public buildings, parks,
and/or beaches; voluntary cost and/or fee reductions; and/or such other city public benefits
and/or services as the city manager may, in his reasonable judgment and discretion, from time
to time, require.
{b) If more than one applicant for a franchise waste contractors' license qualifies under the minimum
qualifications of this division, the issuance of the franchise shall be determined by the city
commission, based upon the applicant which the city commission deems, in its sole and reasonable
judgment and discretion {and having considered the recommendation of the city manager to have
provided the most significant public benefit{s) to the city {pursuant to subsection 90-229{a){7)).
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-230. -Term of franchise agreements; initial term; renewal term.
{a) Effective May 1, 2010, franchise agreements shall have an initial term of five years. As to those
certain franchise agreements between the city and franchise waste contractors in effect as of May 1,
2010, but having an initial three-year term which commenced on October 1, 2009, said initial term
shall be extended from three to five years {with the five-year term commencing retroactively as of
October 1, 2009).
{b) Prior to the expiration of the initial term of a franchise agreement, the city commission may choose,
in its sole discretion, to accept applications for new franchise waste contractors, or, in the alternative,
to renew an existing franchise agreement for up to an additional three-year renewal term.
(Ord. No. 2010-3679, § 1, 4-14-10; Ord. No. 2013-3782, § 1, 10-24-12)
Sec. 90-231.-Recycling requirements for franchise waste contractors; protest procedures.
{a) Recycling requirements.
{1) Each franchise waste contractor shall, as a condition of the franchise, be required to offer
directly, or through a subcontractor, recycling for any and all accounts {as defined below)
serviced by the contractor {including, without limitation, any and all commercial and residential
accounts).
{2) Each contract with a franchise waste contractor for waste collection and disposal services {an
account) shall include a proposal to provide recycling. Such proposal shall, to the maximum
extent that is commercially feasible, maximize recycling activity in the city, and provide for
sufficient flexibility in recyclable materials container size and location {as is both necessary and
consistent for the particular account).
{3) Each recycling proposal shall be required to disclose to the account holder the savings offset
that is anticipated as a result of the recycling and the consequent reduction of solid waste
disposed; provided, however, that the recycling proposal {and the required savings offset) shall
remain within the purview of the franchise waste contractor and the particular account holder to
negotiate.
{4) Effective May 1, 2010, all contracts between a franchise waste contractor and an account
holder for the collection and disposal of solid waste in the city shall be modified to include a
provision to offer/provide recycling, consistent with the provisions of this subsection 90-231 {a).
The franchise waste contractor shall be given a six-month grace period commencing on May 1,
2010, to amend all of its contracts {including contracts with current account holders) to include a
provision offering the required recycling services.
Page 25 SRC 34
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(b) Protest procedures for multifamily residences only. In the event that the recycling bid and/or price
quote (hereinafter, the offer) provided by the contractor to an account holder who is an owner,
occupant, or operator or manager of an apartment building or other multifamily residence, is deemed
unfair by said owner, occupant, or operator or manager, then the aggrieved party may file a protest
with the city manager. Any such protest must be submitted in writing; must be made within 30 days
of receipt of the offer by the aggrieved party; must include a copy of the offer; and must clearly state
the reasons and grounds that the aggrieved party considers the offer to be unfair. Protests not made
within the time period set forth in the preceding sentence shall be time-barred and shall receive no
further consideration. Upon receipt of a timely written protest, the city manager shall provide a copy
to the particular contractor, who may respond to the protest, in writing, within 15 days of receipt of
the protest. At the end of the 15 days, the city manager has 30 days to direct that an administrative
hearing be scheduled to consider the protest (which hearing need not necessarily be held within the
30-day period). The aggrieved party and contractor shall be given written notice, certified mail return
receipt requested, of the hearing date. The hearing shall be conducted by the city manager, or a
designee appointed by the city manager, and shall be conducted in accordance with the provisions
established pursuant to section 1 02-385. At the hearing, the city manager or his designee may hear
testimony and consider any relevant evidence from the parties regarding the subject protest and, at
the conclusion of the hearing, the city manager or his designee shall make a written determination as
to the fairness or unfairness of the protest. An offer shall not be deemed to be unfair if it provides for
prices, terms, and services as would be provided to buildings of comparable size and character
within the area, and which is competitive within the local industry standards. If the offer is deemed
unfair, the city manager, or the city manager's designee, shall require the contractor to provide the
aggrieved party with a new offer that meets the minimum criteria for fairness (as established in the
preceding sentence). The contractor's failure or refusal to provide a fair alternate bid and/or quote
may be grounds for suspension or revocation of contractor's franchise agreement.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-232.-Bankruptcy or insolvency.
If the franchise waste contractor becomes insolvent or if the contractor files a petition of voluntary or
involuntary bankruptcy, its franchise shall automatically terminate no later than the date of filing of the
bankruptcy petition.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-233. -Exemption to provide for recycling.
(a) Notwithstanding any other provisions of sections 90-221 through 90-231, until such time as the city
commission approves and implements a city-wide recycling program for multifamily residences,
which program may also include recycling for commercial establishments, subject to and as
permitted by section 403.7046, Florida Statutes (hereinafter, the "city-wide recycling program"), the
city manager may continue to license individual recycling contractors (pursuant to section 90-306 et
seq.).
(b) If the city commission determines at any time to approve and implement a city-wide recycling
program, the city manager shall then meet with the current franchise waste contractors (subject to
and as permitted by Section 403.7046, Florida Statutes), for the purpose of negotiating terms and
conditions connected with the provision of recycling pursuant to the city's program, and as to that
portion of the program pertaining to multifamily residences. The terms, including rates to be charged
by contractors shall be comparable to those established in municipalities in Miami-Dade, Broward
and Palm Beach Counties for provision of similar recycling services.
(c) Each franchise agreement between the city and a franchise waste contractor shall require that, in the
event that the city commission approves and implements a city-wide recycling program, any
Page 26 SRC 35
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
franchise waste contractor who opts not to provide the required recycling services for multifamily
residences under the city's program, must notify its account holder, in writing, informing them that
they may, within 60 days of receipt of the notice, elect to terminate their account and then existing
contracts with said contractor, without liability to the account holder.
(d) If none of the franchise waste contractors come to an agreement with the city manager within 60
days, the city manager may, at his/her option, provide recycling pursuant to the approved city-wide
program by:
(1) Entering into an agreement with other persons to provide recycling to accounts serviced by
franchise waste contractors;
(2) Entering into an interlocal agreement(s); and/or
(3) Granting additional franchises to waste contractors who are willing to provide the recycling
services required by the city, and who shall also have all privileges and duties of franchise
waste contractors as set forth in this chapter (including those pertaining to collection and
disposal of solid waste).
(e) If the city enters into agreement for provision of recycling services pursuant to the approved city
program, except for an interlocal agreement, rates charged for recycling in the city by those
contractors shall be set and approved by resolution of the city commission.
(f) Notwithstanding anything to the contrary in this section 90-233 or the city-wide recycling program (if
approved and implemented), selection of recycling contractors to service commercial establishments
under the program shall be in accordance with the requirements of Section 403.7046, Florida
Statutes, as same be amended from time to time.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-234. -Revocation of franchise.
Failure on the part of a franchise waste contractor to comply in any material way with the provisions
of this chapter or with its franchise agreement shall be cause for termination and revocation of the
franchise, but no such termination shall take effect if the reasonableness or propriety thereof is protested
by the contractor until a court of competent jurisdiction (with right of appeal in either party) shall have
found that the contractor has failed to comply in material respect with any of the provisions of this chapter
or of the contractor's franchise agreement with the city. If such protest is filed, the contractor shall
continue to pay the city the franchise fee required by this chapter and its franchise agreement with the
city.
(Ord. No. 2010-3679, § 1, 4-14-1 0)
Sec. 90-235.-Required certification and disclosure form for franchise waste contractors.
(a) Effective May 1, 201 0, all contracts between a franchise waste contractor and an account holder for
the collection and disposal of solid waste in the city shall require the franchise contractor to execute
(as well as require the franchise waste contractor to have the contracting party, which is the
contractor's customer/account holder, execute) the city's disclosure and certification (for City of
Miami Beach franchise waste contractor customers), in the form specified in appendix 1. The
executed certification and disclosure forms shall be the franchise waste contractor, maintained along
with contractor's books and other records.
(b) In order to enforce the provisions of this section, the city manager and/or his/her authorized designee
may, at any time during the term of the franchise, request that the franchise waste contractor provide
true and correct copies of any or all disclosure forms for its customer(s)/account holder(s).
Contractor's compliance with this section may also be enforced by city audit, or inspections pursuant
to section 90-224.
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Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(c) A franchise waste contractor's failure to comply with the provisions of this section may be grounds
for suspension or revocation of contractor's franchise agreement with the city.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sees. 90-236-90-255. -Reserved.
DIVISION 4. -SPECIAL TV CONTRACTORS
Subdivision I.-Generally
Sees. 90-256-90-275. -Reserved.
Subdivision II.-Rolloff/Portable Waste Container Contractors
Sec. 90-276.-Permit required.
Except as provided elsewhere in this chapter, no person shall engage in the business of removing or
disposing of construction and demolition debris or large quantities of trash from any premises within the
city limits without first securing a permit for such activities from the city by paying the business tax receipt
amount as set forth in chapter 18, and without showing proof of insurance, as required in section 90-191
et seq. However, franchise waste contractors shall not be required to obtain a separate business tax
receipt to service rolloffs or portable containers within the city.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-277.-Permits required.
No rolloff container, dumpster or portable container shall be placed or located within the city without
a permit from the city. Failure to obtain a permit will result in a penalty of $100.00 per location.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec~ 90-278. -Fees and requirements; penalties for non-payment.
The permit fees and requirements for rolloff container and grapple service contractors shall be as
follows:
(1) On-street permit fee. When the rolloff container is to be located on the street, the permit fee
shall be 18 percent of the contractor's total monthly gross receipts for the month in which the
permit was issued and every month thereafter that the permit is valid. Four barricades with
flashing lights shall be posted. In addition, when the rolloff container is to be located in parking
meter spaces, an additional fee shall be due, as set forth in appendix A, per meter, per day.
(2) Off-street permit fee. When the rolloff container is to be located on private property, the permit
fee shall be 18 percent of the contractor's total monthly gross receipts for the month in which
the permit was issued and every month thereafter that the permit is valid.
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Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(3) List of accounts. Each contractor shall provide the city manager with a current list of the names
and addresses of each account, upon initial application, and upon any application for renewal,
of its permit, the frequency of service, and the permit number and capacity of each rolloff
container or dumpster as per account and the address serviced by each rolloff container or
dumpster. No property owner may share an account with another property owner.
( 4) Monthly report. Each contractor shall deliver to the city's finance department a true and correct
monthly report of gross receipts generated during the previous month (from accounts within the
city) on or before the last day of each month. This monthly report shall include the customer
names, service addresses, account numbers, and the actual amount collected from each
customer. Payments of any fees required in this section shall be made monthly to the finance
department, on or before the last day of each month, for gross receipts of the previous month.
Contractors having annual gross receipts reported to the city over $200,000.00 shall, on or
before 60 days following the close of their fiscal year, deliver to the finance department a
statement of annual gross receipts (generated from accounts within the city) certified by an
independent certified public accountant, reflecting gross receipts within the city for the
preceding fiscal year.
(5) Audit or inspection of contractor's books and records. Each contractor shall allow the city
auditors, upon reasonable notice and during normal business hours, to audit, inspect and
examine the contractor's books and records, and state and federal tax returns, insofar as they
relate to city accounts, to confirm the contractor's compliance with this section. This information
shall include, but not be limited to, the following: billing rates, billing amounts, sequentially pre-
numbered invoices, signed receipts, trip tickets, computer records, general ledgers and
accounts receivable sorted by service address. Additionally, the city auditors may communicate
directly with customers of the contractor for the purpose of confirming compliance with this
section. Failure to provide requested and complete records in a timely manner shall be cause
for revocation of the permit pursuant to ch. 18.
(6) Failure to pay permit fee; penalties for late payment. If the contractor fails to timely pay the full
permit fee as set forth in subsections (1) and (2) of this section, the contractor shall pay any and
all of the city's expenses for collection of such fees, including, but not limited to, court costs,
audit costs and reasonable attorney fees. If the contractor fails to pay the full permit fee on or
before the last day of each month, penalty fees for specialty contractors shall be as follows:
(a) Original delinquency. Any specialty contractor who fails to remit any permit fee imposed by
this division within the time required shall pay a penalty of ten percent of the amount of the
delinquent fee in addition to the amount of the fee.
(b) Continued delinquency. Any specialty contractor who fails to remit the permit fee on or
before the 30th day following the date on which the fee first became delinquent shall pay a
second delinquency penalty of ten percent of the amount of the fee in addition to the
amount of the fee and the ten percent penalty imposed pursuant to subsection (1 ). An
additional penalty of ten percent of the amount of the delinquent fee shall be paid for each
additional 30-day period, or part thereof, during which the permit fee is delinquent,
provided that the total penalty imposed by subsection (a) and this subsection (b) shall not
exceed 50 percent of the amount of the permit fee. This penalty shall be in addition to the
permit fee and interest imposed by this division.
(c) Interest. In addition to the penalties imposed in subsections (a) and (b), any specialty
contractor who fails to remit any permit fee imposed by this division shall pay interest at
the, highest legal rate of interest permitted by law on the amount of fee, exclusive of
penalties, from the date on which the permit fee first became delinquent until paid.
(d) Penalties merged with permit fee. Every penalty imposed and all interest accrued under
the provisions of this section shall become a part of the permit fee required to be paid.
(7) Evidence of payment. In order to effectively provide for the collection of the permit fee by the
contractor to the city, any person seeking to renew his/her annual business tax receipt pursuant
to the provisions of chapter 102, article V, in addition to the requirements contained therein,
Page 29 SRC 38
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
shall provide to the finance director evidence of payment of all outstanding permit fees, fines
and other charges as a condition to reissuance or renewal of the business license.
(8) Identification of equipment. All equipment utilized to collect and transport solid waste in the city
must be conspicuously marked on both sides of the automotive unit with the name of the hauler,
tare weight and cubic yard capacity. Identification information must also be marked on all trailer
and container units. All markings must be in letters and numerals at least two inches in height.
(Ord. No. 2010-3679, § 1, 4-14-10; Ord. No. 2015-3969, § 1, 10-14-15)
Sec. 90-279.-Location restrictions.
The city has the right to restrict the location of any rolloff, portable containers, or dumpsters in order
to ensure the public's safety and to prevent traffic hazards. It is prohibited to place rolloffs and portable
containers in the following locations and areas:
( 1 ) Alleys, lanes, bridges.
(2) Ocean Drive, from Biscayne Street to 15th Street.
(3) Collins Avenue, from Biscayne Street to 87th Terrace.
(4) Washington Avenue, from Biscayne Street to 17th Street.
(5) 41st Street, from Collins Avenue to Alton Road.
(6) 71st Street, from Collins Avenue to Bay Drive.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-280. -Use restrictions.
Rolloff, portable containers, or dumpsters are to be used for the removal of construction and
demolition debris or for the removal of large quantities of bulky waste. Construction and demolition debris,
and bulky waste, is never to be stored directly on the ground, as rolloff and portable containers must be
used at all times. Rolloff and portable containers shall not be used for the removal of garbage or
commercial waste.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-281.-Overflowing rolloffs and portable containers.
Overflowing rolloffs and portable containers and dumpsters are prohibited. The city manager shall
have the authority to order the removal by the property owner of any such overflowing rolloff or portable
container or dumpster.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sees. 90-282-90-305.-Reserved.
Subdivision Ill.-Recycling Waste Contractors
Sec. 90-306. -License required.
Page 30 SRC 39
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
No person shall engage in the business of removing, disposing of, or collecting any recycling
materials from any property and/or premises within the city limits without first having secured a business
tax receipt for such activities from the city by paying the fee set forth in chapter 18, and by showing proof
of insurance, as required in section 90-191 et seq.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-307. -Expiration of licenses.
Effective October 1, 2008, permits issued to recycling contractors shall be for a term of one year,
unless such recycling is pursuant to a franchise agreement, in which case, the permit shall be for the term
of the franchise agreement. The city may at any time approve and implement a citywide recycling
program, and may then cease permitting individual recycling contractors. Recycling contractors operating
under a valid business tax receipt at the time of commencement of such city-wide program may continue
operation until the expiration date of said receipt, but will thereafter cease operation within the city.
(Ord. No. 2010-3679, § 1, 4-14-1 0)
Sec. 90-308. -Monthly report.
Each recycling contractor shall deliver monthly to the city manager or his authorized designee, an
accurate report regarding the nature and disposition and volume of recyclable materials collected by it
from each account in the city. Upon request by the city manager or his authorized designee, each
contractor shall also furnish the city with verifiable information regarding the method and place of final
disposal or distribution of said materials.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-309.-Exemption for interlocal agreements.
Activities of recycling contractors within the city shall be subject to and may not interfere with
recycling activities conducted within the city pursuant to interlocal agreements existing at the time of
issuance of the recycling contractor's permit and/or business tax receipt.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-310.-Regulations applicable.
All recycling contractors must comply with all of the requirements set forth in sections 90-98, 90-99,
90-227, and 90-228 of the City Code.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sees. 90-311-90-330. -Reserved.
Subdivision IV.-Hazardous, Biohazardous Waste Contractors
Sec. 90-331. -Permit required.
Page 31 SRC 40
Attachment 1: City of Miami Beach Code of laws and Ordinances-Chapter 90 Solid Waste
Except as provided elsewhere in this division, no person shall engage in the business of removing,
disposing or collecting any hazardous or biohazardous wastes from any premises within the city without
first having secured a business tax receipt for such activities from the city by paying the fee set forth in
chapter 18, and by showing proof of insurance, as required in section 90-191 et seq., and proof of
required state licenses and fee.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sec. 90-332.-Requirements and fees.
(a) List of accounts. To obtain the permit required by section 90-331, each contractor must provide the
city manager or his authorized representative with a list of all of his accounts within the city,
expressly stating whether there is hand collection of bags or collection by dumpsters; frequency of
service per week; and a description of services.
(b) Permit and approval of location required. After an inspection of the location where the account is
going to be serviced and approval of the location by the city manager or his authorized designee, a
biohazardous waste permit, valid for one city fiscal year, will be issued by the city. The fee for each
permit will be as specified in appendix A. This permit is not transferable.
(c) Disposal restrictions. Disposal of hazardous or biohazardous wastes shall be done only in
accordance with section 90-103.
(Ord. No. 2010-3679, § 1, 4-14-10)
Sees. 90-333-90-339. -Reserved.
ARTICLE V.-CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL
ESTABLISHMENTS
Sec. 90-340.-Recycling program and separation of recyclable materials from solid waste stream
required for multifamily residences; owner/association liability; recycling contractors' assistance.
(a) As of January 1, 2013, every multifamily residence of nine dwelling units or more and as of
November 1, 2014, every multifamily residence of two to eight dwelling units shall provide a recycling
program pursuant to this section or a city-approved modified recycling program pursuant to section
90-344. The property owner shall be liable for the failure to provide a recycling program or a modified
recycling program approved by the city, provided, however, that a condominium or cooperative
apartment having a condominium association or a cooperative apartment association shall be liable,
rather than the individual unit owner(s), for a violation of this subsection. Further, recycling
contractors shall assist and provide written notice to the director of public works in identifying
multifamily residences subject to this article which do not have a recycling program or, in the
alternative, which have allowed a recycling program to lapse or expire.
(b) As of January 1, 2013, every multifamily residence of nine dwelling units or more and as of
November 1, 2014, every multifamily residence of two to eight dwelling units shall be required to use
a single-stream recycling process to separate, from all other solid waste, the five following recyclable
materials:
(1) Newspaper. Used or discarded newsprint, including any glossy inserts;
(2) Glass. Glass, jars, bottles, and containers of clear, green or amber (brown) color of any size or
shape used to store and/or package food and beverage products for human or animal
Page 32 SRC 41
Attachment 1: City of Miami Beach Code of laws and Ordinances-Chapter 90 Solid Waste
consumption, and/or used to package other products, which must be empty and rinsed clean of
residue. This term excludes ceramics, window or automobile glass, mirrors, and light bulbs;
(3) Metal food and beverage containers. All ferrous and nonferrous (i.e., including, but not limited
to, steel, tin-plated steel, aluminum and bimetal) food and beverage containers (i.e., including,
but not limited to, cans, plates, and trays) of any size or shape used to store and/or package
food and beverage products suitable for human or animal consumption, which must be empty
and rinsed clean of residue;
( 4) Other metal containers. All other ferrous and nonferrous containers used to package household
products including, but not limited to, paint cans and aerosol cans, which must be empty and
rinsed clean of residue;
(5) Plastics. All high density polyethylene (HOPE) and/or polyethylene terephthalate (PET) bottles,
jugs, jars, cartons, tubs, and/or other containers, and lids, of any size or shape used to package
food, beverages, and/or other household products, or crankcase oil, which must be empty and
rinsed clean of residue. This term excludes all plastic film, plastic bags, vinyl, rigid plastic {i.e.,
toys), and plastic foam materials.
(c) Every multifamily residence shall be serviced by a recycling contractor licensed by the city and state.
(Ord. No. 2012-3768, § 3, 6-6-12; Ord. No. 2014-3886, § 1, 7-23-14)
Sec. 90-341.-Recycling program and separation of recyclable materials from solid waste stream
required for commercial establishments; joint and several liability; recycling contractors' assistance.
(a) As of January 1, 2013, every commercial establishment shall provide a recycling program pursuant
to this section or a city-approved modified recycling program pursuant to section 90-344. The failure
of a commercial establishment to provide a recycling program or a modified recycling program shall
result in joint and several liability for the property owner(s) and the owner(s) and operator(s) of the
commercial establishment. Further, recycling contractors shall assist and provide written notice to
the director of public works in identifying commercial establishments which do not have a recycling
program or, in the alternative, which have allowed a recycling program to lapse or expire.
{b) As of January 1, 2013, every commercial establishment shall be required to use a single-stream
recycling process to separate, from all other solid waste, three of the following seven recyclable
materials:
(1) Newspaper, cardboard, magazines, and catalogues, telephone books and/or directories, and
office paper. As defined, but not limited to, the same type{s) of recyclable materials as provided
in subsection 90-340(b)(1 );
(2) Glass. As defined and including the same type(s) of recyclable materials as provided in
subsection 90-340(b ){2);
(3) Metal food and beverage containers. As defined and including the same type(s) of recyclable
materials as provided in subsection 90-340{b){3);
{4) Other metal containers. As defined and including the same type{s) of recyclable materials as
provided in subsection 90-340(b}{4}, but also, for purposes of this subsection {4), including
scrap metal, which shall mean used or discarded items suitable for recycling, consisting
predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys
thereof including, but not limited to, bulk metals such as large metal fixtures and appliances
(including white goods such as washing machines, refrigerators, etc.), but excluding metal
containers utilized to store flammable or volatile chemicals, such as fuel tanks;
{5) Plastics. As defined and including the same type{s) of recyclable materials as provided in
subsection 90-340{b)(5);
(6) Textiles;
Page 33 SRC 42
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(7) Wood. Clean wood waste and/or pieces generated as by-products from manufacturing of wood
products. It excludes clean yard waste and clean waste (i.e., natural vegetation and minerals
such as stumps, brush, blackberry vines, tree branches, and associated dirt, sand, tree bark,
sand and rocks), treated lumber, wood pieces, or particles containing chemical preservatives,
composition roofing, roofing paper, insulation, sheetrock, and glass.
(c) Every commercial establishment shall be serviced by a recycling contractor licensed by the city and
state.
(Ord. No. 2012-3768, § 3, 6-6-12)
Sec. 90-342.-Unauthorized collection of designated recyclable materials.
Only those recycling contractors that have been authorized and licensed by the city and the state to
collect designated recyclables in the city shall be authorized to collect recyclable materials under this
article. All recycling contractors shall comply with all applicable state and city laws and regulations.
(Ord. No. 2012-3768, § 3, 6-6-12)
Sec. 90-343.-Public education program; requirements for recycling contractors; warning period;
enforcement date.
(a) Beginning June 1, 2012, the city shall engage in public education efforts and the city shall not
prosecute individuals who unknowingly fail to provide a recycling program or a city-approved
modified recycling program, or unknowingly fail to separate recyclable materials from all other solid
waste materials required to be separated by this article, until as provided in subsections (c) and (d)
of this section.
(b) All recycling contractors must appropriately designate the recycling collection containers they provide
to customers. The containers must contain the appropriate signage and information, as shall be
established and approved by the city pursuant to subsection (c) below, that allows users to clearly
and easily identify the container for recycling.
(c) Beginning January 1, 2013, the city shall provide for a six-month warning period, through and
including June 30, 2013, in which warning tickets shall be issued to persons who fail to provide a
recycling program, or a city-approved modified recycling program, or fail to separate recyclable
materials from all other solid waste materials, regardless of knowledge or intent.
(d) Beginning July 1, 2013, this article shall be enforced and penalties shall be applied and imposed for
violations of this article as provided in sections 90-345 and 90-346. Notwithstanding the foregoing,
prior to July 1, 2013, the city manager shall bring the enforcement provisions of article V to the city
commission for its review and consideration.
(Ord. No. 2012-3768, § 3, 6-6-12)
Sec. 90-344.-Modified recycling programs.
(a) Recycling programs which incorporate modifications, substitutions or reductions to the requirements
of sections 90-340 and 90-341 may be submitted to the city's public works director ("director .. ) for
approval. Approval, rejection, or approval with conditions of the proposed modified recycling program
shall be determined by the director. The director shall consider the following factors in evaluating the
proposed modified recycling program:
(1) Whether the establishment operates a recycling program, and is self-hauling the materials to a
recyclable material vendor.
Page 34 SRC 43
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(2) Whether the establishment generates a lesser number of recyclable materials than the required
minimum types of recyclables required in sections 90-340 or 90-341, as applicable.
(3) Whether the establishment generates and recycles materials not listed in section 90-340 or
section 90-341 , as applicable.
(4) Whether the establishment is contracting with a permitted private hauler for collection services,
which services provide for a post-collection separation of recyclable material, and which:
(i) Generate recyclable materials which comply, in kind and quantity, with the recycling
requirements provided for in section 90-340 or section 90-341, as applicable; and
(ii) Utilize a materials separation facility which is permitted in accordance with all applicable
federal, state and local laws.
(b) Any person seeking approval of a modified recycling program shall submit an application in such
form as is prescribed by the director. All modified recycling programs shall be reviewed on an annual
basis and applicants shall be required to confirm or revise the information contained in their
applications at that time. An application for approval of a modified recycling program shall include,
but not be limited to, the following documentation, as appropriate to the specific application:
(1) Supporting documentation to evidence self-haul activities, which shall include proof of source-
separation activities and copies of receipts from recyclable material purchasers.
(2) A waste composition study of the waste generated by the applicant, which shall cover a
representative time period of no shorter than one week.
(3) A copy of the applicable contract with a post-collection separation facility, specifying materials
and volumes recycled which are attributable to the applicant.
(Ord. No. 2012-3768, § 3, 6-6-12)
Sec. 90-345. -Enforcement.
(a) The city manager is hereby authorized and directed to enforce all the provisions of this article
regulating and governing the accumulation, collection, recycling, and disposal of recyclable
materials. The city manager shall have the power to delegate duties to employees working under his
authority in the enforcement of the provisions of this article.
(b) Whenever a designated city inspector observes a violation(s) of this article, or an accumulation of
recyclable materials that creates a health hazard, environmental hazard, or nuisance, the inspector
shall order the violation(s) to be corrected within a specified period of time by serving a written notice
of violation(s) upon the property owner or upon the manager or other person in charge. Such
person(s) shall immediately cease or abate the violation(s).
(c) If the inspector determines that the conditions constitute an immediate threat to the health, safety or
welfare of the public, the inspector may order the immediate correction of the violation(s) at the
expense of the property owner, manager, or other person in charge, and the city shall have the right
to recover such expenses as provided in subsection 90-37(1 ).
(d) A notice of violation shall be served personally or by certified mail upon the property owner, or upon
the manager or other person in charge of the premises. If the person addressed with such notice
cannot be found by the city after making a reasonable good faith effort, such notice shall be sent by
certified mail to the last known address of such person, and a copy of the notice shall be posted in a
conspicuous place on the premises. Such notice shall be deemed the equivalent of personal service.
(e) Beginning July 1, 2013, violators of sections 90-340 and 90-341 shall be issued one warning and
shall correct the violation within 30 days. If the violation is not corrected within 30 days, a notice of
violation shall be issued. After one warning, violators of sections 90-340 and 90-341 shall be issued
a notice of violation. All notices of violations shall specify any fine or penalty that may be due in
Page 35 SRC 44
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
connection with the violation( s ), the time specified by the inspector to correct the violation( s ), and the
procedure for timely payment or appeal of the fine or penalty.
(Ord. No. 2012-3768, § 3, 6-6-12)
Sec. 90-346. -Penalties for violations of this article; removal of recyclable materials by city; liens
imposed for failure to pay fines or appeal.
(a) Penalties for violations of subsections 90-340(a) and 90-341(a) shall be as follows:
(1) For the first violation, a fine of $350.00.
(2) For the second violation, a fine of $500.00.
(3) For the third violation, a fine of $1,000.00.
(4) For the fourth violation, a fine of $2,500.00.
(b) The penalty for violation of subsections 90-340(b) and 90-341 (b) shall be as follows:
(1) For the first violation, no fine.
(2) For the second or subsequent violations, a fine of $100.00.
(c) The penalty for all other violations of this article shall be $250.00 for each violation.
(d) Any penalty due pursuant to this article shall be charged to the person or entity as provided in
subsection 90-340(a) or subsection 90-341 (a). Failure to pay such costs and penalties, or to appeal
pursuant to section 90-34 7 within 15 days of receipt of the notice of violation shall result in the
imposition of a lien upon the premises, in the amount of such costs and penalties. Such liens shall be
treated as special assessment liens against the subject real property and, until fully paid and
discharged, shall remain liens equal in rank and dignity with the lien of ad valorem taxes, and shall
be superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the
real property involved. Such liens shall be enforced by any of the methods provided in F.S. ch. 86;
or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions
of F.S. ch. 173; or the collection and enforcement or payment thereof may be accomplished by any
other method authorized by law. The owner, occupant, operator, or manager of the premises shall
pay all costs of collection, including reasonable attorneys' fees incurred in the collection of fines, and
other charges, penalties, and liens imposed by virtue of this chapter.
(e) For violations which (i) present a serious threat to the health, safety or welfare of the public, and/or
(ii) constitute a fourth or subsequent offense by the same violator under subsection 90-346(a), the
city may seek injunctive relief and/or, in the case of commercial establishments, revoke the business
tax receipt and/or certificate of use of the establishment and/or premises, in addition to the penalties
set forth in subsections 90-346(a), (b), or (c), as applicable.
(Ord. No. 2012-3768, § 3, 6-6-12)
Sec. 90-347.-Appeal to special master.
(a) Any person receiving a notice of violation pursuant to this article may request, within 15 days of
receipt of the notice, an administrative hearing before a special master, appointed as provided in
article II of chapter 30, to appeal the decision of the city inspector resulting in the issuance of the
notice. The procedures and application fee for the scheduling and conduct of the hearing shall be as
provided in sections 1 02-384 and 1 02-385. Failure to appeal within the prescribed time period shall
constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an
administrative hearing shall be treated as an admission of the violation, and fines and penalties may
be assessed accordingly.
Page 36 SRC 45
Attachment 1: City of Miami Beach Code of Laws and Ordinances-Chapter 90 Solid Waste
(b) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of a lien or
enforcement procedures pursuant to section 90-347, until 30 days after the issuance of a written
determination by the special master. Any costs or penalty amounts due the city pursuant to such
determination must be received by the city within 30 days after the issuance of the determination, or
a lien shall be imposed upon the premises, and any other enforcement or collection procedures may
be commenced, as provided by this chapter or under state law.
(Ord. No. 2012-3768, § 3, 6-6-12)
Page 37 SRC 46
Attachment 2: Florida State Statutes 316.520 -Loads on Vehicles
2016 Florida Statutes
Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL
SECTION520
Loads on vehicles.
316.520 Loads on vehicles.-
(1) A vehicle may not be driven or moved on any highway unless the vehicle is so constructed or
loaded as to prevent any of its load from dropping, shifting, leaking, blowing, or otherwise escaping
therefrom, except that sand may be dropped only for the purpose of securing traction or water or
other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.
(2) It is the duty of every owner and driver, severally, of any vehicle hauling, upon any public road
or highway open to the public, dirt, sand, lime rock, gravel, silica, or other similar aggregate or trash,
garbage, any inanimate object or objects, or any similar material that could fall or blow from such
vehicle, to prevent such materials from falling, blowing, or in any way escaping from such vehicle.
Covering and securing the load with a close-fitting tarpaulin or other appropriate cover or a load
securing device meeting the requirements of 49 C.F.R. s. 393.100 or a device designed to reasonably
ensure that cargo will not shift upon or fall from the vehicle is required and shall constitute compliance
with this section.
(3)(a) Except as provided in paragraph (b), a violation of this section is a noncriminal traffic
infraction, punishable as a nonmoving violation as provided in chapter 318.
(b) Any person who willfully violates the provisions of this section which offense results in serious
bodily injury or death to an individual and which offense occurs as a result of failing to comply with
subsections (1) and (2) commits a criminal traffic offense and a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(4) The provision of subsection (2) requiring covering and securing the load with a close-fitting
tarpaulin or other appropriate cover does not apply to vehicles carrying agricultural products locally
from a harvest site or to or from a farm on roads where the posted speed limit is 65 miles per hour or
less and the distance driven on public roads is less than 20 miles.
History.-s. 1, ch. 71-135; s. 1, ch. 73-174; s. 1, ch. 74-111; s. 1, ch. 76-31; ss. 5, 235, ch. 99-248; ss. 70, 106, ch.
2002-20; s. 4, ch. 2002-235.
Note.-Former s. 316.198.
SRC 47
Sustainability and Resiliency Committee
November 16, 2016
Discussion on Requiring Sustainability Standards Similar to LEED for Retrofits in City-owned
Properties
Item to be presented by Elizabeth Wheaton, Environment and Sustainability Director
ITEM #4
SRC 48
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive , M i ami Bea ch, Florida 33139, www.miamibeochA 9QY
TO:
FROM :
DA TE:
SUBJECT:
COMMITIEE MEMORANDUM
Sustainability and Resiliency Comm ~tee / ~ .
Jimmy L. Morales , City Manag ~ ~ ~
November 16, 2016 0"
DISCUSSION ON REQUIRING SUSTAINABILITY STANDARDS SIMILAR
TO LEED FOR RETROFITS IN CITY-OWNED PROPERTIES
BACKGROUND
At the City Commission meeting on November 9, 2016, the Mayor and City Commission
referred a discussion to the Sustainability and Resiliency Committee (S RC) requiring
sustainability standards similar to LEED (Leadership i n Energ y & En vi ron menta l Design )
for retrofits in city-ow ned properties . This item was sponsored by Commissioner Rose n
Gonzalez.
ANALYSIS
Within the United States , the built environment accounts for appro xima tel y 48% of annual
greenhouse gas (GHG) emissions , wi th 36% of the direct energy related GHG emissions and an
addi ti onal 8-12% of total GHG emissions related to the production of materials used in bu il ding
co nstruction . In Miami Beach , an even greater percentage of the City's government GHG
emissions can be attri buted to the built environment , 65.7% of the government GHG inven tory
was generated from municipal buildings and facilities.
The greatest proportion of energy is used during the building s ' operational phase. T hou gh
figures vary from building to bu ilding , studies suggest that ove r 80% of GHG emiss ions take
place during this phase to meet various energy needs su ch as hea ting , ven ti lat ion and air
conditioning (HVAC), water heating, lighting and telecommunications. Go vernments can
therefore achieve the greatest reductions in greenhouse gas em issio ns by targeting the
operational phase of buildings .
Renovation , retrofit and refurbishment of existing buildings represent an opportunity to upgrade
the energy performance of building assets for their ongoing life. Often retrofits invo lve
modification s to existing buildings that may improve energ y efficiency or decrease energy
demand . In addition , retrofits are often used as opportune time to ins tall distributed generation
to a building . Distributed generation in the buildings sector refers to the on -si te generation of
energy , often electricity from renewable energy systems. Combined heat and power (CHP ),
which reuses waste heat from on-site generation for purposes such as space heating and w ater
heating are example of distributed generation of energy.
Energy efficiency retrofits can reduce the operational costs and improve overall building
performance, particularly in older buildings . The greatest poten tia l for an effective near-te rm
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mitigation wedge for climate change comes from energy conservation and efficiency
improvements in the built environment.
Decisions made by cities today about the design and construction of its buildings will impact the
physical, environmental and social health of their communities for many years to come. By
utilizing green building practices in the construction and operation of their own facilities, cities
serve as a model for all occurring development.
Establishing green building policies for city-owned facilities can yield long-term savings by
efficiently managing energy, water, waste and stormwater and improving the health and comfort
of building occupants. ·
The US Green Building Council (USGBC) developed the LEED Green Building Rating System
for Existing Buildings Operation and Maintenance (LEED-EBOM) with the intent to certify
building's operations and maintenance and create a plan for ensuring high performance over
time. The rating system captures both a building's physical systems (equipment, design, land
use, etc.) and the way the building is occupied and operated by its managers (waste
management, temperature monitoring, commuting programs, etc.).
However, before making what could result in a major investment for energy and sustainability
improvements, it is important to determine if the investment is worthwhile in perspective with
other building conditions. Older buildings may not be structurally sound and certain retrofits
could result into a significant expense. LEED-EBOM requires an Energy Star score of 69 as a
prerequisite. Consequently, to qualify for certification, a building must rank among the top 31
percent of all buildings in energy efficiency, which could require significant expenses to upgrade
the buildings' systems and management. Even though certain retrofits may not make the
investment worthwhile (in terms of return-of-invents in the short-run), LEED standards could be
followed as certain retrofits are economically feasible and will provide higher building
performance, reducing operational and maintenance costs.
Many cities across the country have implemented sustainable operations programs following
LEED standards:
City of New York (NY)
New York City is regulating a series of policies requiring green building standards for
certain capital projects and requiring city-owned buildings to be designed as low
energy buildings looking at LEED standards. In addition, New York is expanding their
existing requirements for benchmarking, lighting upgrades and sub-metering.
Citv of Eugene (OR)
Eugene incorporated principles of sustainability in the planning, financing, siting
design, construction, operation and maintenance of buildings owned and occupied by
the city and associated facilities. Eugene's buildings and facilities are required to use
the LEED-EBOM as a guide for the sustainable operation and maintenance of
municipal buildings. Implementing LEED-EBOM criteria on an inventory wide basis is
intended to maximize sustainability benefits within existing resources and provide
means of benchmarking environmental and financial performance improvements in
their practices. Certification of existing buildings under LEED-EBOM is evaluated for
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technical and econom ic feasibility and pursued at the highest feasible level of
certification on a case by case basis as funding is available .
City of Portland (OR)
Portland incorporated green building practices into the design , construction,
remodeling, and operation of all municipal facilities. All occupied , city-owned existing
buildings are required to pursue LEED-EBOM certification at the Silver level. Any roof
replaced on a municipal facility is required to have an eco-roof (green and/o r blue roof)
cove ring of at lea st 70% of the roof and high-reflectance 'En ergy Star-rated' roof
material on remaining roof areas, where practical. When an integrated eco-roof/Energy
Star-rated roof is impractical , a high reflectance , En erg y Star-rated roof material is
required to be installed.
City of Bloomington (IN)
Bloomington requires all occupiable municipal bui ld ings to become at least LEED-
EBO M Silver standa rd s. In order to determine the extent and timing by which
occupiable city-owned buildings shou ld be upgraded to LEED sta nda rd s, an evaluation
of all ex isting and subsequently-acqui red occupiable buildings is conducted . The
eva lu ation co nsists of compiling data from each building and performing a cost-b enefi t
ana lysis of the costs of bringing eac h building up to LEED Silver. In the interest of
maintaining close contro l of the cost, a LEED Si lve r standard sha ll be pursued on ly
when the payback period is no more than 1 0 yea rs.
CONCLUSION
Th e fo ll owing is presented to the membe rs of the Sustainab ili ty and Resilien cy Committee for
discussion and further direction.
Attac hments:
A-LEED Exist in g Buildin gs Operations and Maintenance Fact Sheet
~
. S MT/A M/~T
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• FAQ
LEED for Existing Buildings: Operations & Maintenance
What is LEED for Existing Buildings: Operations & Maintenance?
LEED for Existing Buildings: Operations & Maintenance is the tool for the ongoing operations and
maintenance of existing commercial and institutional buildings. The certification system identifies and
rewards current best practices and provides an outline for building's to use less energy, water and natural
resources; improve the indoor environment; and uncover operating inefficiencies.
What are the benefits of LEED for Existing Buildings: Operations & Maintenance?
LEED helps building owners and managers solve building problems, improve building performance, and
maintain and improve this performance over time. LEED reduces cost streams associated with building
operations, reduces environmental impacts, creates healthier and more productive employee
workspaces, and provides public recognition for leadership in sustainability. The majority of requirements
for LEED for Existing Building certification are operations and maintenance best practices. LEED for
Existing Buildings: Operations & Maintenance encourages owners and operators of existing buildings to
implement sustainable practices and reduce the environmental impacts of their building over their
functional life cycles.
How is LEED for Existing Buildings: Operations & Maintenance different than other LEED
certification systems?
The LEED for New Construction and Commercial Interiors Rating Systems focus largely on the
construction and/or major renovation phase of a building. When the project is complete and the building is
in operation, LEED for New Construction and Commercial Interiors have performed their intended task.
The intent of LEED for Existing Buildings: Operations & Maintenance is to certify the operations and
maintenance of the building and create a plan for ensuring high performance over time. The rating
system captures both a building's physical systems (equipment, design, land use, etc.) and the way the
building is occupied and operated by its managers (waste management, temperature monitoring,
commuting programs, etc.).
A key goal of LEED for Existing Buildings: Operations & Maintenance is to institutionalize a process of
reporting, inspection and review over the lifespan of the building. So when LEED is applied to new
construction and commercial interiors, the one time act of renovating, constructing or tenant fit-out is
certified. LEED for Existing Buildings: Operations & Maintenance certifies the completed and operated
building as it functions on an ongoing basis.
Who should use LEED for Existing Buildings: Operations & Maintenance?
LEED for Existing Buildings: Operations & Maintenance helps building owners and managers solve
building problems, and improve building life cycle performance. The rating system is targeted at single
buildings, whether owner occupied, multi-tenanted, or multiple-building campus projects and requires
three months of operational data for an initial certification; any building construction must be complete for
at least a three month span before LEED certification can be pursued. Historic properties can also
become certified under the rating system, and the USGBC has been working collaboratively with the
National Trust for Historic Preservation to outline specific metrics that highlight and promote preservation
activities as green building strategies.
Existing buildings undergoing substantial renovations are eligible to become certified under LEED for
Commercial Interiors, Existing Buildings: Operations & Maintenance (upon completion of the renovation
and three months of occupancy/operation) or New Construction. Comparing the requirements of LEED for
Existing Buildings: Operations & Maintenance to other LEED rating systems will help you determine
which rating system is better suited to your project type.
U.S. GREEN BUILDING COUNCIL
2101 L St NW, Suite 500, Wastnngton, DC 20037 ·Phone 202 828-7422 · USGBC.org
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Projects that have alread y been certified using LEED for New Construction, LEED for Schools or LEED
for Core & Shell will receive free registration if they choose to certify using LEED for Exi sting Bu il dings:
Operations & Maintenance .
How do I know if LEED for Existing Buildings: Operations & Maintenance is right for my project?
USGBC encourages the project team to tally a potential point total using the rating system checklists for
all possibilities. The project is a viable candidate for LEED certification if it can meet all prerequis ites and
achieve the minimum points required in a given rating system. If mo re than one rating system applies ,
then it is up to the project team to decide which one to pursue. If questions or concerns remain, please e-
mail leedinfo@usgbc.org .
How often does a project need to recertify under LEED?
Buildings can apply for recertification as frequently as each year but must fil e for recertifica tio n at least
once every five years to maintain their LEED for Exist ing Buildings : Operations & Maintenance status. If
projects do not recertify at the five year mark , their next application will be cons idered an initial
certification application. The project must recertify all prerequisites but may drop previous ly earned credits
or add new credits as desired .
Is there a minimum age for a building to participate in LEED for Existing Buildings: Operations &
Maintenance?
LEED for Existing Build ings : Operations & Maintenance requires build ings to be in operations for at least
12 continuous months before certifying.
What is the point breakdown for LEED for Existing Buildings: Operations & Maintenance?
LEED for Existing Buildings : Operations & Maintenance ratings are awarded accord ing to the following
scale:
There are 100 base points; 6 possible Innovation in Design and 4 Reg ion al Priority points
Certified 40-49 points
Silver 50-59 points
Gold 60-79 points
Platinum 80 points and above
Where can I get an updated copy of the LEED for Existing Buildings: Operations & Maintenance
Rating System?
The LEED for Existing Buildings: Operations & Maintenance rating system is located within the Green
Building Operations & Maintenance reference guide and is available for purc hase fro m the USGBC Web
site .
Helpful tips to get started:
1. Review the LEED rating system to assess credit potential
2. Set your target certification level : Certified , Silver, Gold , Platinum
3. Assess what equipment will need upgrades
4. Assign respons ibility for credits and for writing green policies
5. Make a budget
6. Create a timeline to optimize work and process flow
7. Register project to take advantage of USGBC resources
What is the process for LEED certification?
Certification is now administered by the Green Building Certification Institu te (G BCI ) through a network of
professional , third-party certification bodies . To register a project for LEED cert ification , vis it
www.qbci .org .
U.S. GREEN BUILDING COUNCIL
2101 L St HW. Surte 500. Washrngton DC 20031 Phone 202 828-7422 USGBC org
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What educational programs are available to lea rn more about LEED?
USGBC offers a variety of LEED instructor-led workshops , on line courses and Web inars (live and on-
demand). To learn more about USGBC 's LEED curricu lum , visit www.usgbc.org/education .
Where can I get answers to additional LEED questions? Send emails to: leed info@usgbc.org .
U.S. GREEN BUILDING COUNCIL
2101l St NW Sutte ~00. Wasntn&ton . DC 20031 Pnone 202 828-7422 USGBC.or&
SRC 54
Sustainability and Resiliency Committee
November 16, 2016
Mayor's Blue Ribbon Panel on Flooding and Sea Level Rise
Item to be presented by Scott Robins, Committee Chairman
ITEM #5
SRC 55
MIAMI BEACH
Mayor's Blue Ribbon Panel on Sea Level Rise
MEETING MINUTES • Draft
October 10, 2016 • 11 :00 a.m.
A meeting of the Mayor's Blue Ribbon Panel on Sea Level Rise was held Monday, October 10, 2016, 11 :00
a.m. in the City Manager's Large Conference Room, 4th floor, Miami Beach City Hall.
Panel Members Present: Scott Robins, Chair, Michael De Filippi, Wyn Bradley
The meeting was called to order by Scott Robins, Chair. It was m/s/p to accept the minutes as submitted
from the meeting held August 30, 2016.
Project Review-CIP and Public Works Department-Dr. Bruce Mowry, City Engineer, spoke of the
status of installation of pumps around the City; He started with stating that Sunset Harbour is under
construction and scheduled to be completed in January 2017. Bruce reported that Sunset Harbour
Neighborhood experienced a problem in pumping out water due to unpredicted storm water flooding. He
reported that due to construction activity the capacity of the system was reduce to meet DERM permit
requirements. Mr. Eric Carpenter, ACM and Director of the Public Works Department, stated that we plugged
off pump station #2 because of dewatering work and we experience an unexpected high rainfall. Bruce stated
that we have several buildings with low finished floor elevations making then first to see flooding when
rainfalls exceed the pumping capacity of the system. Mr. Scott Robins, Chair, asked about back up pumps
being stored or emergency generators as a plan B. In response, Eric stated that there will be a challenge
because neighborhoods do not want to see additional structures at these facilities. To close out, it was
mentioned that someone is shutting off pumps on purpose allowing flooding in some areas of the City. We
may want to consider placing cameras or alarms on the pumps stations.
Elizabeth Wheaton, Environmental Department Director, provided updates on the university partnerships;
how Harvard University was at the City two weeks ago to work on their second semester, Real Estate
Development Study, focusing on Flamingo & North Sea level rise. In addition, the University of Miami,
Engineering Studio Senior Capstone Study, is working on Maurice Gibb Park, Fire Station 1, Byron Carlyle
Theater, re-development ideas, and energy efficiency. She concluded with FlU SRN URX grant being
received and the affordable housing future goals are ongoing.
David Martinez, Director, CIP, distributed and reviewed an update of projects on Lower North Bay Road,
Sunset Islands 3 & 4, Palm & Hibiscus Islands, Venetian Islands and Central Bayshore South.
Work Plan Update -Susy Torriente, Assistant City Manager, distributed an updated Draft Work Plan. She
explained that staff and AECOM have been focusing on the sections of Vulnerability Assessment, Resiliency
Strategy, Open Space Requirements, Historic Preservation, Green Space Infrastructure, Resiliency
Communications for all Stakeholders, Personal Adaptation Tool Kit, Miami Beach Rising Above Website and
Community Rating System {CRS}. Amy Knowles explained 25 critical assets identity. A data analysis on
Bloomberg were mention with five problem statements one of which the water quality on Biscayne Bay where
scientists met with Miami Dade county.
Land Development Regulation Draft Amendments (Commercial Properties) -Thomas Mooney,
Planning Department -The Panel members discussed how most of the commercial buildings 1st floors are
side walk level around the City. It was suggested that raising Lenox Ave and proposing flood proof glass
doors, flood panels, or knee walls; Scott mentioned that there should be more research about the flood proof
glass.
The Meeting was adjourned at 1:00 p.m. The next meeting date was set for Thursday, November 10th, 2016
at 11 :00 a.m. in the City Manager's Large Conference Room, 4th floor, Miami Beach City Hall.
\Ne are committed to providing excellent public service and safety to all who live, work. and play in our vibrant. tropical. historic community SRC 56
Sustainability and Resiliency Committee
November 16, 2016
Sustainability Committee
Item to be presented by Dave Doebler, Committee Chairman
ITEM #6
SRC 57
J\J\ I L11\A I RJ: (J-1
Ci ty o f Mi a m i Be ach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeach fl gov
TO : Members of the Sustainability Committee
David Doebler, Chair-Appointed by Commissioner Micky Steinberg
Steve Vincen t i -Appo inted by Commissioner Michael Grieco
Nancy Berns tein -Appoin t ed by Mayor Philip Levine
Michael DeFilippi -Appointed by Commiss ioner Ri cky Arrio la
Cheryl Jacobs -Appo inted by Commissioner Joy Mala koff
Ri chard Conlin-Appointed by Commissioner Kristen Rosen-Gonzalez
Scott Di ffe nd erfer -Ap p ointed by Commissioner John Elizabeth Aleman
DATE : November 16, 2016
SUBJECT : MINUTES OF THE SUSTAINABILITY COMMITTEE MEETING OF OCTOBER 25,
2016
The attendees were as follows : Da ve Doebler, Nan cy Bern stein, Scott Diffenderfer and Richard
Conlin .
Absentees : Steve Vi ncenti , Michae l DeF ilipp i and Cheryl Jacobs.
City Staff: Dr. Les lie Rosenfeld , Chief Learning Development Officer; Margarita Wells,
Environment Resources Manager; Fl avia Tonioli, Sus ta inability Manager; and Yanira Pineda,
Sustainability Coo rdinator.
1. Minutes
a. MOTION to approve the September 27 , 2016 meeting minutes made by Mr.
Richard Co nli n, seconded by Ms . Nancy Bernste in.
2. SRC
a. T he re was no Sustainab ility and Resiliency Committee (SRC) meeting pre vious
to the Susta in abi li ty Comm ittee in the month of October.
3. Sustainability Committee Work Plan
a. New Business
i. Cleanliness Index Overview. Dr. Les lie Ro se nfeld provided a
presentation on the r esults of the latest cleanliness index and
assessment. Dr. Rosenfeld expla in ed tha t overall the citywide
cleanl iness index improved durin g FY 2015 /16 Quarter 4 when
compared to the same quarter in FY 20 14/15 by 18.7 % to 1.78. The
City's cleanl ine ss has stead il y progressed as ev id enced by the index,
ane cdotal inform atio n, and results of the C ity's mos t recent r es ident
survey. Addi tiona ll y, 77.8% of all public are a assessments scored 2 .0 or
better (ta rget=90%) in FY 20 15/16 Quarter 4 and an 84.6% average f or
FY 2015/16. She emphasized clean liness con tin ues to remain a top
pri orit y for the City. Mr. Dave Doeb ler stated that the r esults of the in d ex
are in acc urate because some of the data collected is f ro m locations that
are consiste ntly spot less and beautiful and cannot b e depended on as
in dicato rs of cleanliness for the entire City. He added that t here are other
areas that are co n sis t en tl y dirty and not addressed. He explained th a t
clea nlin ess ca n va ry throughout th e day and time shou ld be co nsidered a
va ri able fo r th e inde x. Dr. Rose nfeld exp lain ed they have a ra ndom
selection of are as but they track the t ime of the day and are awa re of
flu ctuat ion on cle anliness du rin g di ffer ent times of the day. She also
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mentioned the reports can be broke down by location, seasonality and
time of day that inspections were being done. The Committee also
discussed the residents' lack of the education to understand their role to
help the City's cleanliness and mentioned it would be interesting to have
an article at the MB magazine explaining the cleanliness index and
educating the residents about their role to keep the City clean.
ii. Sustainable Businesses Program. Ms. Flavia Tonioli provided a
presentation on different green business programs in several cities, such
as Key West, Portland, San Francisco, El Paso, amongst others. She
also presented different third party programs that provide certifications
and monitoring of the programs, such as the Green Seal Program. The
Sustainability Committee will study the different options and brainstorm
during the next meeting to identify the best way to implement a green
business program in Miami Beach.
iii. 'Trash Talk with Yani'. Ms. Yanira Pineda briefly explained to the
committee that the City has established several options for textile and
electronics recycling services.
4. Next Meeting
a. December 13, 2016.
SRC 59
Resiliency Strategy
Sustainability and Resiliency Committee
November 16, 2016
Item to be presented by Amy Knowles, Deputy Resiliency Officer
ITEM #7
SRC 60
VERBAL REPORT AT COMMITTEE MEETING
SRC 61