Ordinance 2024-4670ORDINANCE NO.2024-4670
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING THE CODE OF THE
CITY OF MIAMI BEACH,BY AMENDING CHAPTER 90,ENTITLED
"SOLID WASTE,"(A)BY AMENDING ARTICLE I,ENTITLED "IN
GENERA L,"BY AMENDING ""SECTION 90-2,"ENTITLED
DEFINITIONS,"TO INCORPORA TE DEFINITIONS FOR "C&D
HAULER,""C&D COLLECTION PERMIT,""C8D CONTAINER,""C&D
CONTAINER PERMIT,""CONTAINER PERMIT,""ON-STREET
COLLECTION CITY FEE"AND "OFF-STREET COLLECTION CITY FEE"
AND TO REMOVE THE DEFINITION OF "ROLLOFF CONTRACTOR";
AND (B}BY AMENDING ARTICLE IV,ENTITLED "PRIVATE WASTE
CONTRA CTORS,"BY AMENDING DIVISION 4,ENTITLED "SPECIALTY
CONTRA CTORS,"BY AMENDING SUBDIVISION II,ENTITLED
"ROLLOFF/PORTABLE WASTE CONTAINER CONTRA CTORS,"BY
AMENDING ITS TITLE AND SECTIONS 90-276 -90-278 TO CLARIFY
THE CIRCUMSTANCES UNDER WHICH A PERMIT (AND PAYMENT OF
THE PERCENTAGE OF GROSS RECEIPTS)IS REQUIRED FROM
THOSE INDIVIDUALS AND ENTITIES ENGAGED IN THE COLLECTION
AND DISPOSAL OF CONSTRUCTION AND DEMOLITION DEBRIS
AND/OR BULKY WASTE IN THE CITY,AND PROVIDING LIMITED
EXEMPTIONS FROM OBTAINING PERMITS;AND PROVIDING FOR
REPEALER,SEVERA BILITY,CODIFICATION,AND AN EFFECTIVE
DATE.
WHEREAS,the City Code currently regulates the activities of "rolloff contractors,"
who are specialty contractors involved in the removal of construction and demolition
debris and/or large quantities of trash and/or bulky waste,but not garbage or commercial
refuse;and
WHEREAS,rolloff contractors are required to obtain a Business Tax Receipt
("BTR")pursuant to Section 90-276 of the City Code as it now exists,obtain and pay for
a rolloff permit,pursuant to Sections 90-276 to 90-277 of the City Code,and pay rolloff
fees in the amount of 20%of gross receipts ("Rolloff Fees")for rolloff services provided
within the City,pursuant to Sections 90-278(a)&(b)of the City Code;and
WHEREAS,as part of routine audits verifying that the City has received amounts
due from permittees,questions have arisen concerning the definition of a rolloff (and,
relatedly,what is not a rolloff),as well as the definition of a rolloff container (and,relatedly,
what is not a rolloff container),as well as the overall framework associated with the
collection and disposal of construction and demolition debris;and
WHEREAS,a significant loss of revenue to the City has resulted from the current
framework in Sections 90-276 through 90-278,which address the removal of construction
and demolition debris;and.
WHEREAS,the current framework is susceptible to manipulation to avoid the
payment of fees to the City for the collection and removal of tons of construction and
demolition debris;and
WHEREAS,it is in the best interest of the City to amend Sections 90-276 to 90-
278 to capture all construction and demolition debris removal and disposal activity.
NOW,THEREFORE,BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.That Section 90-2,entitled "Definitions"of Article I,entitled "In General,"and
Sections 90-276,90-277 and 90-278 entitled "Permit Required,"Permits Required,"and
"Fees and requirements;penalties for non-payment,"respectively,of Subdivision II,
entitled "Rolloff/Portable Waste Container Contractors,"of Division 4,entitled "Specialty
Contractors,"of Article IV,entitled "Private Waste Contractors,"of Chapter 90 entitled
"Solid Waste,"of the Code of the City of Miami Beach are hereby amended as follows:
Chapter 90
SOLID WASTE
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ARTICLE I.IN GENERAL
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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.
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 102-356.
Business tax receipt shall have the meaning ascribed to the word "receipt"in section
102-356.
C&D collection contractor means a private waste contractor licensed by the city that
performs the services of collecting and disposing of construction and demolition debris
and/or large quantities of trash and/or bulky waste,but not garbage or commercial
refuse.
C&D collection permit means the permit required to be obtained pursuant to section
90-276 to perform the services of collecting and disposing of construction and demolition
debris or large quantities of trash from any premises within the city limits,whether or not
a C&D container is used.
C&D container means any dumpster,portable container,rolloff or rolloff container
used primarily for construction and demolition debris.
S&B-container permit-means the_permit-required-to be obtained pursuant to_section
99-277to lg@e or locate a C&D Container anywhere in the city,whether on private gr
publie property,including an@iy right-of-wgye
C&D hauler means a private waste contractor licensed by the city that performs the
services of collecting and disposing of construction and demolition debris and/or large
quantities of trash and/or bulky waste,but not garbage or commercial refuse.The term
includes,but is not limited to,rolloff container and grapple service contractors,general
contractors (and their subcontractors),and other persons engaged in the collection or
disposal of construction,whether regularly or from time to time.
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."
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 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 magistrate following the appeal of a violation.
Off-street C&D collection fee means the fee payable to the city in accordance with
Section 2-378(2)for the right to engage in the collection and disposal of construction
and demolition debris when the C&D container is not located on the right-of-way or when
there is no C&D container.
On-street C&D collection fee means the fee payable to the city in accordance with
Section 2-378(1)for the right to engage in the collection and disposal of construction
and demolition debris when a C&D container is located on the right-of-way.
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 forestated,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.
Roi/off means a container with a minimum capacity of ten cubic yards designed to
be transported by a motorized vehicle.
Roi/off compaction container means a rolloff designed to hold or receive compacted
garbage or trash.
Rolloff container means a metal container,compacted or open,approved by the city
manager,that is designed and used by rolloff C&D haulers 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.
Roloffcontractor means a private waste contractorlicensed by the city who uses
rolloff containers for the collectionand disposal of construction and demolitiondebris
and/or large quantities of trash and/or bulky waste,but not garbage or commercial
refuse.
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.
ARTICLE IV.PRIVATE WASTE CONTRACTORS
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DIVISION 4.SPECIALTY CONTRACTORS
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SUBDIVISION II.CONSTRUCTION AND DEMOLITION DEBRIS HAULERS
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Sec.90-276.Permit required .
(a)Except as provided elsewhere in this chapter,no C&D hauler or other 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.whether or not a C&D
container is used,without first securing a C&D collection permit for such activities from
the city by:
(1)Paying the business tax receipt amount as set forth in chapter 18.However,
franchise waste contractors shall not be required to obtain a separate business tax receipt
to service rolloffs or portable containers within the city;
(2)Paying an annual C&D collection permit fee in the amount of$1,000.00 to cover
the city's annual administrative and processing costs.The rate in appendix A pertaining
to this subsection will be administratively adjusted annually by the city manager,effective
October 1 of each year,to reflect increases in the Consumer Price Index for the Miami-
Fort Lauderdale-West Palm Beach,Florida area,pursuant to subsection 1-15(b)of the
City Code;and
(3)Showing Providing_proof of insurance.as required in section 90-196.
(4)Each C&D hauler shall also pay the applicable fees set forth in Section 90-278
based on monthly gross receipts,
(5)Failure to secure a C&D collection permit by October 1 of each year (except
that a C&D hauler that only commences to provide services after October 1 shall be
required to secure the C&D collection permit by or before the date it commences to
provide services)will result in penalty of $5,000.00.
(b)_AII C&D haulers or persons providing C&D removal services for any project involving
new construction orthe dem olition of an existing structure shall obtain_a separate,site-
specific C&D collection permit for each project involving new construction or the
demolition of an existing structure.Such permit shall be prominently posted at the job site
at the same location that other permits are maintained for inspection for the duration of
the project.The cost for such site-specific permit for new construction and/or demolition
projects shall be $100.00 to cover the city's annual administrative and processing costs.
The rate in appendix A pertaining to this subsection will be administratively adjusted
annually by the city manager.effective October 1 of each year,to reflect increases in the
Consumer Price Index for the Miami-Fort Lauderdale-West Palm Beach.Florida area,
pursuant tosubsection 1-15(b)of the City Code.Each C&D hauler shall also pay the
applicable fees set forth in Section 90-278 based on monthly gross receipts in respect of
the project concerned.Failure to obtain a site-specific permit for a project involving new
construction or the demolition of an existing structure will result in a penalty of $1,000.00,
The property_owner shall bere sponsible toensurethat a site-specific CG&D.collection
pe rm it ha s been obtained and sha ll be jointly_ga d severa lly liable with-th e C&D hauler gr
other pers ons providing.G e&D rem oval se rvi ce s fo r the paym e nt of any fe es.
Sec.90-277.&D contain@r permits Pormits roquired.Reserved.
o re lloff conta iner,dum pste r-or porta ble S&b)co nta iner shall be place d or locat ed within
the city with out a C8B co ntainer perm it fro m the city ,Failure to obta in a CB&D conta iner
perm it will resultin a penalty of $4,0 00.00 por-loca tion.Ne GB con ta iner perm it fo r G&D
re lleff co ntaine rs dumpsters or portable cont aine rs sh all be issu ed-to a rolloff Se&eb}
co lle ction co ntracto r unless the re quire me nts in sectio n 9O-278 hav e been met
Sec.90-278.Fees and requirements;penalties for non-payment.
The perm it fe es and requirem ents for rolloff container and grapple service contractors
shal l be as fo llows:C&D haulers and other persons engaged in the collection or disposal
of construction and dem olition debris w ith or without a grapple serv ice,with or without the
use of C&D containers,using dump trucks,trailers of any kind,or any other heavy
equipment are required to obtain a C&D collection permit pursuant to sect ion 90-276 and
shall submit 20 percent of their gro ss monthly receipts as set fo rth below:
(1)O n-street C&D collection perm it fee.W hen the rolloff C&D container is to be located
on the street,the on-street C&D collection pe rmit fee shall be 20 percent of the
contractor's total monthly gro ss receipts for the m onth in which the C&D collection perm it
was issued and every month thereafter that the permit is valid for so long as construction
and dem olition debris collection and removal serv ices are being provided within the city.
Four barricades with flashing lights shall be posted.In addition,when the rolloff C&D
container is to be located in parking meter spaces,an additional fee shall be due,as set
forth in appendix A,per m eter,per day.
(2)O ff-street C&D collection fee.W hen the rolloff C&D container is to be located on
private property or when there is no C&D container,the perm it off-street C&D collection
fee shall be 20 percent of the contractor's total monthly gross receipts fo r the month in
which the C&D collection permit was issued and every month thereafter that the perm it is
valid for so long as construction and dem olition debris collection and rem oval services
are being provided w ithin the city.
(3)Collection fee exceptions.The fo llow ing shall be exem pt from obtaining a site-specific
C&D collection permit (if otherw ise applicable)and the paym ent of C&D collection fees
pursuant to this section:
(a)Any single-fam ily home renovations or repairs involving less than 1,000 square
feet in the aggregate.
(b)Any multi-family building w ith 2-8 units,pro vided that the renovation or repair work
and the work area is less than 1 ,000 square feet.
(c)Any multi-family building with 9 or more units,provided that the renovation work
area is less than 1,000 square feet.
(4)(3)L ist of accounts.Each C&D hauler 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 C&D container (if the account
has a C&D container)as per account and the address serviced by each rolloff container
or dumpster C&D container.No property owner may share an account with another
property owner.
(5)4)-Monthly report.Each C&D collection 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,
regardless of whether any work was performed within the city during that period.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.C&D haulers 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.Failure to timely submit the monthly report on or before the last day
of each month will result in a penalty as set forth in appendix A.
(6)(5)Audit or inspection of C&D haulers'contractor's books and records.Each C&D
hauler 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 C&D hauler 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 chapter 18.
(7)(6)Failure to pay permit fee fees or C&D collection fee;penalties for late payment.If
the a C&D collection contractor fails to timely pay the C&D collection permit fee pursuant
to Section 90-276,the C&D container permit fee (if applicable)pursuant to Section 90-
277 or the on-street C&D collection fees and off-street C&D collection fees fee as set
forth in subsections (1)and (2)of this section,respectively,the C&D collection 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 contra ctor C&D hauler 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 C&D hauler 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 C&D hauler 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.
(e)The owner of a property where a project involving new construction or the demolition
of an existina structure was executed shall be jointly and severally liable with the C&D
hauler or other persons involved in the removal of construction and demolition debris for
the payment of any unpaid permit fees,C&D collection fees,penalties and interest.
(8)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,shali provide to the finance director evidence of payment of ali
outstanding permit fees,fines and other charges as a condition to reissuance or renewal
of the business license.
(fil f8-}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.
SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3.SEVERABILITY.
If any section,sentence,clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 4.CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
a part of the Code of the City of Miami Beach,Florida.The sections of this ordinance may
be renumbered or re-lettered to accomplish such intention,and the word"ordinance"may
be changed to"section,"article,"or other appropriate word.
SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect the_30 day]loutub2024.
PASSED and ADOPTED this a20 day ot /lbeyle2024.
ATTEST:
7c{{NOV 2?20?4
Rafael E.Granado,City Clerk '"
Underline denotes additions
Strikethrough denotes deletions
(Sponsored by Commissioner Tanya K.Bhatt)
Steven Meiner,Mayor
APPROVED AS TO
FORM &LANGUAGE
&FOR EX.ECUTION lMdse9a~City Attorney •
Ordinances -R5 T
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter,City Manager
DATE:November 20,2024 10:55 a.m.Second Reading Public Hearing
TITLE:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI
BEACH,BY AMENDING CHAPTER 90,ENTITLED "SOLID WASTE,"(A)BY
AMENDING ARTICLE I,ENTITLED "IN GENERAL,"BY AMENDING SECTION 90-
2,"ENTITLED DEFINITIONS,"TO INCORPORATE DEFINITIONS FOR "C&D
HAULER,""C&D COLLECTION PERMIT,""C&D CONTAINER,""C&D CONTAINER
PERMIT,""CONTAINER PERMIT,""ON-STREET COLLECTION CITY FEE"AND
"OFF-STREET COLLECTION CITY FEE"AND TO REMOVE THE DEFINITION OF
"ROLLOFF CONTRACTOR";AND (B)BY AMENDING ARTICLE IV,ENTITLED
"PRIVATE WASTE CONTRACTORS,"BY AMENDING DIVISION 4,ENTITLED
"SPECIALTY CONTRACTORS,"BY AMENDING SUBDIVISION 11,ENTITLED
"ROLLOFF/PORTABLE WASTE CONTAINER CONTRACTORS,"BY AMENDING
ITS TITLE AND SECTIONS 90-276-90-278 TO CLARIFY THE CIRCUMSTANCES
UNDER WHICH A PERMIT (AND PAYMENT OF THE PERCENTAGE OF GROSS
RECEIPTS)IS REQUIRED FROM THOSE INDIVIDUALS AND ENTITIES
ENGAGED IN THE COLLECTION AND DISPOSAL OF CONSTRUCTION AND
DEMOLITION DEBRIS AND/OR BULKY WASTE IN THE CITY,AND PROVIDING
LIMITED EXEMPTIONS FROM OBTAINING PERMITS;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission)approve
the Resolution on Second Reading Public Hearing.
BACKGROUND/HISTORY
The City of Miami Beach Code of Ordinances (City Code)currently regulates the activities of
"rolloff contractors",who are specialty contractors involved in the removal of construction and
demolition debris and/or large quantities of trash and/or bulky waste,but not garbage or
commercial refuse.Rolloff contractors are required to obtain a Business Tax Receipt (BTR)
pursuant to Section 90-276 of the City Code as it now exists,obtain and pay for a rolloff permit,
pursuant to Sections 90-276-90-277 of the City Code,and pay rolloff fees in the amount of 20%
of gross receipts (Rolloff Fees)for rolloff services provided within the City,pursuant to Sections
90-278(a)&(b)of the City Code.
As part of routine audits verifying that the City has received amounts due from permittees,
questions have arisen concerning the definition of a "rolloff"(and,relatedly,what is not a "rolloff"),
as well as the definition of a "rolloff container"(and,relatedly,what is not a "rolloff container"),as
well as the overall framework associated with the collection and disposal of construction and
demolition debris.A significant loss of revenue to the City has resulted from the current
framework in Sections 90-276 -90-278,which address the removal of construction and demolition
debris.
Page 921 of 1993
The current framework is susceptible to manipulation to avoid the payment of fees to the City for
the collection and removal of tons of construction and demolition debris.
At the July 26,2024 Finance and Economic Resiliency Committee (FERC)meeting,the item was
discussed with proposed amendments to Sections 90-276-90-278 of the City Code (Attachment
A).The amendments clarify the circumstances under which a rolloff permit (and payment of the
percentage of gross receipts)is required from those individuals and entities engaged in demolition
and/or removal of construction debris and/or bulky waste in the City and providing limited
exemptions from obtaining a rolloff permit.
Upon conclusion of the discussion,FERC members made a motion to move the item to the City
Commission with a favorable recommendation to proceed with the proposed amendments to
Sections 90-276 -90-278 of the City Code,addressing the removal of construction and demolition
debris,except for the sentence under Section 90-278 (3)that reads "confined to a single unit"
(this sentence was to be removed).Additional amendments were welcomed between First and
Second Reading as per the motion,however,no other amendments were made.
On September 11,2024,the City Commission approved the Ordinance on First Reading,and
scheduled a Second Reading Public Hearing for October 30,2024,however not heard on this
date.It will be heard instead on November 20,2024.
CONCLUSION
It is in the best interest of the City to amend Sections 90-276 -90-278 to capture all construction
and demolition debris removal and disposal activity.As such,the Administration recommends
approving the Resolution on Second Reading Public Hearing at the November 20,2024 City
Commission meeting.
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:10/11/2024
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.O.Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec._2-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
Public Works
Sponsor(s)
Page 922 of 1993
Commissioner Tanya K.Bhatt
Condensed Title
10:55 a.m.2nd Rdg,Ch.90,Solid Waste,Clarify Circumstances Under when Permit is
Required.(Bhatt)PW
Page 923 of 1993