2010-3679 OrdinancesORDINANCE NO. 2010-3679
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SECTION 90-230 OF CHAPTER 90 OF
THE CITY CODE, ENTITLED, "SOLID WASTE;" SAID AMENDMENT
INCREASING THE TERM OF THE CITY'S FRANCHISE WASTE
CONTRACTORS/FRANCHISE WASTE CONTRACTOR AGREEMENTS FROM
THREE (3) TO FIVE (5) YEARS; AMENDING SECTION 90-231, ENTITLED
"RECYCLING REQUIREMENTS FOR FRANCHISE WASTE CONTRACTORS;
PROTEST PROCEDURES;" AND FURTHER AMENDING VARIOUS NON-
SUBSTANTIVE DEFINITIONS AND TERMS THROUGHOUT CHAPTER 90 TO
UPDATE AND CLARIFY SAME (AS WELL AS DELETING VARIOUS
DEFINITIONS AND TERMS FOR THE SAME CORRESPONDING PURPOSES
OF UPDATEICLARIFICATION); AND PROVIDING FURTHER FOR
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Chapter 90 of the Code of the City of Miami Beach, Florida, is hereby amended as follows:
CHAPTER 90 SOLID WASTE
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 eseieg+eat environmental
considerations and the public investment in right-of-way property are protected.
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 (2) persons, or families living separately with
separate cooking facilities in each unit. For purposes of this chapter, thethis 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
arc-~~eepi„~ facilities. For purposes of this chapter, Tthis definition shall includes a
condominium unit aador cooperative unit, but Bees not a +astade duplex.
Biohazardous waste means any solid waste er-~+qt~+d-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 ybodily
fluids; and other materials representing a significant risk of infection to persons ^~ ~+^"+°,e
~e~y•
Biohazardous waste contractor means a private waste contractor who collects and
disposes of bohazardous waste.
Building ~~: department director means the city's building official, appointed by the
city manager to administer and enforce the h Florida Building Code in the city. This
definition also includes the building official's designees; working under his/her supervision.
Bulky waste means large item(s) of household refuse, ses#including, without limitation,
as appliances, furniture, accumulations from major tree cutbacks (exceeding ten inches f10„1 in
diameter and four feet j4']_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.
Commercial establishment means an establishment dealing in an exchange of goods or
services for money or barter. For tie purposes of this chapter the term shall include "~~,i,:;
churches, synagogues and schools~vhea--a~4isable.
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 a~preved-k~yused 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
'/2 cubic yard or between 100 and 133.3 gallons_ .For
purposes of this chapter, compact containers shall also be considered dumpsters.
2
Duplex means a detached building, divided horizontally or vertically and designed as
two (2) separate units to be occupiedfe~-e~ess~ied by one or more +~•~^ c n,.ln f.,mil„
h° ^^'-°°n,n„ „^'+°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., wlae--si~senters into a franchise agreement with the city for the
collection and disposal of gauge--aad solid waste in the city and who pays a percentage of
visits 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 (1~gallons aadbut not to exceed thirt 30~ gallons a~reved-ref
°° ~~~ +~^ ^~*~~ ~^°^~^°r 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 tightfitting 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 tops, 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 buildina or other multi-family 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 ~sageuse of a claw-like device such as, but not limited to,
bobcats, self loaders, loaders, and backhoes to pick up construction and demolition debris
3
aad/er large quantities of trash (e.g. rubbish); andler bulky waste;; but not garbage or
commercial refuse, and to place it into a truck for disposal.
Grapple service contractor means a private waste contractor who '~^°^°°~' h., +ti^ ^.+„ +„
performs grapple service.
Hazardous waste means a~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 ser~taiaiegwith ten 10 or more dwelling units aad in which the
majority of the dwelling units do not contain kitchens fasi++t+es and which is licensed as a hotel.
Industrial waste means a+l~ solid waste aad-debris 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, firms
partnership, sole partnership, limited liability corporation, or other +asefperated er
aa+aserperatedbusiness entity engaged in the business of removing, transporting or disposing of
^^~a~a T, solid waste or recyclable materials +r^^, ^^~~ ^~^m~°^c in the city and w~hewhich
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 seel~i~g-#as+l+tieskitchens in each unit.
Occupant means any person using or having actual possession of any structure,
building, lots or premises, or part thereof.
Operator or manager means any person who has control or use of or is in charge of~ or
has responsibility forte 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
4
any facilities or equipment, ft~ec, °^~ '^~~°^+ ^r ^~°^~~°°^ subject to the provisions of this
., ,..~i.,~..,. .. ... r. ~. ..__--
chapter. For purposes of this chapter, the term shall also include tlaean owner's duly
authorized agent, a purchaser, devisee, fiduciary, property holder, or any other person having a
vested or contingent interest; in the aforestated, ors 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 thea structure, building, ly+~^~',~ 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.
Private waste seNester~contractor means any person engaged in the business of
collectionag and disposal+ag 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 €erto conduct+r+g such activity '°° ~~-~",e
sity~or perform such service).
Recyclable material means those materials capable of being recycled and which would
otherwise be processed or disposed of as solid waste. Anv recyclable material mixed with solid
waste shall be considered to be solid waste.
Recycling means any process by which recyclable materials +h-.+ ,.,,,, ~a .,+h°^.,;^°
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 use-#er
collection of recyclable material by a ^~+~~'~-~~ recycling contractor.
Recycling contractor means a rip vate contractor ~'^^^°°^~ h„ +h., ^;+., +^~,~,ho collects
recyclable materials and transports themsame to a state or county-licensed recycling facility for
processing, .
Regulated stash area means a disposal site which is either operated ^,~^,.,',,,a,,,ta;,;~~
f.~,~ 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 wish trash (e.g. rubbish) originatin~ced 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 tom or
taken out by customers„~~se~n~~~ ~~s se~.,o, ,.
5
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
trask~er garbage or trash.
Rolloff container means a metal container, compacted or open, approved by the city
manager that is designed and used by ^^,m°~^~°' ~°~ ~'°~^ rolloff contractors for the collection
and disposal of construction and demolition debris aadler 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.
Roominghouse means a building which is issued a business tax receipt by the city as a
roominghouse or boardinghouse, containing less than ten 10 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 °° ~'°{~^^~' ^h^~~°.
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 I~as contractsed
with the city to provide solid waste collection and disposal service to single-family residences.
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 10" inches in diameters ark--de which does not exceed
four feet uin length; and are 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, h + .,,,+ lim'+°.+ +^ 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.
6
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 59 fifespercent
50% of the replacement value of the ~itdiag; structure ^~ ~^,^~^~~°^~°^+ as determined by the
county property appraiser's office.
Townhouse means asingle-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 (min diameter ar~dbut which does not exceed
four feet min length, and which is too large to be containerized aed or requiring to be
bundliaged and tyiag tied.
'^ a~t~~ ~"^' , a~t~ ' ~G~ QaIIE3 waste, semmereial refuse ^°~~'°^ +~,^" +r°° °~
White goods mean discarded refrigerators, ranges, water heaters, freezers, and other
similar domestic and commercial large appliances.
ARTICLE II. ADMINISTRATION
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, remeualcollection and
disposalitiee of solid waste. The city manager shall have the power to delegate duties to
employees working under his authority in the enforcement of the provisions of this
chapter.
(b) Upon presentation of proper credentials, an inspector designated by the city
manager may enter, atz.,;;~eassr^,clvt~ri„ie, any building, structured 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 establishments or
the owner;; °^^^,a^ager or the operator or manager f +"° ^.^^^.+.. if fh° c^m° h°
vacant. The existence of the same garbage inside the same garbage containers for four
consecutive days upon a premises surrea#ay serviced by a private waste contractor
shall be prima facie evidence of a violation of this chapter by the contractor. For
7
purposes of this section premises safreaNy 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 premises owner/occupant; or operator or
manager, aadas well as to the city, prior to the accumulation of the garbage.
(d) Whenever a designated city inspector observes a violation for violations) of this
chapter or an accumulation of gar~a^°, + or solid waste that creates a health hazard,
environmental hazard, or nuisance~,~;s+ve~e-~~the~~, the inspector shall
order the violation(:s~ to be corrected within a specified fea$eaable period of time by
serving a written notice of violation( upon the person causing or responsible fort such
uielafier}; health hazard environmental hazard, or nuisance. Such person shall
immediately cease or abate the violation(.
(e) The notice shall be served personally or by certified mail upon the owner or upon
the person in lawful possession of the premises and/or upon the private waste
contractor servicing the premises iave~ved. If the person addressed with such notice
cannot be found by the city after making reasonable good faith effort, ~'~'~^°e"
such notice shall be sent by certified mail to the last known address of such person, aad
a copy of the notice shall be posted in a conspicuous place on the premises.sSuch
prese~re notice shall be deemed the equivalent of personal service.
(f) The notice shall atse specify any fine(s~ that may be due in connection with the
violationf~ ~ the time specified by the inspector to
correct the violations, and the procedure for timely payment or appeal of the fine(.
(g) If +~r-##~e--epiaie~e€ the inspector determines that the conditions constitute an
immediate threat to the health safety or welfare aad-weN-being of the public, he/she may
order the immediate correction of the k~azard violation(s) at the expense of the
prepertyoccupant; owner;; or operator or manager ^^^ ^^^+ rn..;^+°r°a .,,,^.,+ nr .,°r^,,.,
rr+c~r+n r,cihln +nr +h° and the city shall have the right to recover such expenses as
provided in section 90-136.
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 iavefved and charge the
actual costs to the ese~ar~f-aad/ef owner; occupant or operator or manager~#
+h° .,.^.~.~^^^ ~.... °^+,,,.,, on a force account basis. Any fine due pursuant to
section 90-39 or 90-40 shall also be charged to the owner; aad/er occupant,; or
operator or manager. Failure to pay such costs and fines +^ + or to appeal
pursuant to section 90-38 within fifteen 15~ days of receipt of the notice
„^+~f,^^+~,,., „+ ^^.,,n shall result in the imposition of a lien upon the property
iave4aed in the amount of such costs and fines. Such liens shall be treated as
special assessment liens against the subject real property ands 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;~k~e
Such liens shall be enforced by any of the methods provided in €-~
8
sCh. 86~; Florida Statutes; ors in the alternative foreclosure proceedings may be
instituted and prosecuted under the provisions ofr
~ .. rl' rJ nr! ~ n #nr #L,c, fnr°nlnn ~ of mnr#n°n°c nn r°ol °c#a#° c°# fnr#h
#Y4~ ~a M~r .,,Y~ L.~ f~r°rlno°r! p°r ~ c ECh. 173; Florida Statutes; or the
collection and enforcement or payment thereof may be accomplished by any
other method authorized by law. The owners aad/e~eperatef occupant; or
operator or manager shall pay all costs of collection, including reasonable
attorneys fees; incurred in the collection of fines#ees, 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.
(3) For violations which present a serious threat to the health, safety or welfare
of the ~'+;~nr,~ of #h° ,.;#„ up blic and/or violations that are continually repeated by
the same violator, the city attorney may seek injunctive relief and/or, in the case
of commercial establishments, revoke the business tax
receipt and/or certificate of use offef the establishment and/or~reper#~y premises.
Sec. 90-38. Appeal to special master.
(a) Any person receiving a notice of violation pursuant to section 90-36 and/or notice of
fine pursuant to section 90-39 and/or 90-40 may request, within fifteen 151 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 102-384 and 102-385. 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 thirt 30~ days after the issuance of a written determination by the
special master. Any amounts of money due the city pursuant to such determination must
be received by the city within thirt 30~ days after the issuance of the determination, or a
lien shall be imposed upon the property in question, ~ er and any other
enforcement or collection procedures commenced, as provided by this chapter or under
state law.
9
Sec. 90-39. Fine schedule for violations issued and applied to owners, agents, tenants,
occupants, operators or managers, or persons responsible for the violation.
TABLE INSET:
Fine
(a) Violations of sections 90-97 and 90-98:
(1) The placement of dumpsters, garbage, trash, bulky and/or industrial waste on
public property:
a. First occurrence ... $ 50.00
b. Following, per occurrence ...100.00
TABLE INSET:
Fine for Failure To Correct in Specified Time After Notice
(2) Dumpsters located and kept on front yard or side yard facing street (corner
lots) ... $ 50.00
(3) Dumpsters not kept in approved garbage storage facility ...50.00
(4) °rnoOwners'^^°~^+^~°'°^^^*°'*^^^^+°~ occupants; or operator or
managers without garbage collection service where required by this chapter
(private or city) ...100.00
(5) Individual properties with different ownerships sharing the same service,
with or without consent, per owner ...100.00
TABLE INSET:
Fine
(b) Violations of sections 90-99 and 90-100:
(1) Open lid on garbage ~^^^,~tasie{~facilit ies ... $ 25.00
(2) Insufficient garbage r^^,~tao;efacilit ies capacity ...50.00
(3) Insufficient frequency of garbage collection ...50.00
(4) Overloaded garbage ~^^,~s;efacility(ies) ...50.00
(5) Lack of/or deteriorated "^^~ta~tegarbage facility(ies) ...50.00
(6) Garbage or miscellaneous trash around
garbage facility(ies) ...50.00
10
(c) Violations of sections 90-100--90-105:
(1) Illegal disposal of garbage, trash, industrial and bulky waste:
a. First occurrence ... 50.00
b. Following, per occurrence ...100.00
(2) Illegal disposal of garden trash, tree and shrubbery trash and/or special
handling trash:
a. First occurrence ...50.00
b. Following, per occurrence ...100.00
(3) Illegal disposal of biohazardous and/or hazardous waste:
a. First occurrence ...250.00
b. Following, per occurrence ...1,000.00
(d) Violation(s) of section 90-36:
(1) Creation of health hazard, environmental ~rhazard, or nuisance:
a. First occurrence ...100.00
b. Following, per occurrence ...200.00
Sec. 90-40. Fine schedule for violations of sections 90-98 90-107; 90-191 et seq.; 90-221
et seq.; and 90-228 by private waste contractors.
Fine for
failure to
correct in
specified time
after notice
(a) Violations of section 90-98:
(1) Dumpsters and rolloffs placed on public property without city permit, per day
... $100.00
(b) 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
(3) Failure to remove all garbage and trash placed in +"^ ^^.,+.~^+^r'~ arg base
can or container and generated by the account being serviced ...250.00
11
(c) Violations of sections 90-191 et seq. and 90-221 et seq.:
(1) Dumpsters currently in service, overflowing and generating a health hazard,
per occurrence ...500.00
(2) Dumpsters not sanitized or disinfected after collection ...100.00
(3) Dumpsters not removed after account is closed or permit or license is
revoked ...100.00
(4) Dumpsters without contractor's identification ...50.00
(5) Dumpsters se~aste~s or other garbage facility ies installed without permits
...100.00
(6) Garbage facilities placed by contractor without permit:
a. First occurrence ...100.00
b. Following, per occurrence by same contractor during same ciffiscal
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 traffics or breaking water
meter, electric meter or other types or lids on city property; cost of replacement
by city plus:
a. First occurrence ...100.00
b. Following, per occurrence ...200.00
(9) Contractors leaving trucks, not servicing accounts, parked within city limits,
per day ...100.00
(10) Dumpsters not in service and generating a health hazard and dumped on
city limits prior to removal, per occurrence ...500.00
Fine for failure
to correct in
specified time
after notice
(11) Dumpsters not returned by contractor to the approved location, per
occurrence ...50.00
Dumpsters providing shared service to properties with different ownership, per
occurrence ...200.00
(d) Violations of section 90-228:
l2
Failure to remove all garbage, rubbish and trash in seatrsgarbage 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
(10,) around the container
Fine for failure
to correct in
specified time
after notice
a. First occurrence ...warning
b. Following, per occurrence by same contractor during same ciffiscal
year ...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 #f-ie~ violation~s~
pursuant to sections 90-36 and 90-37.
ARTICLE III. COLLECTION AND DISPOSAL
DIVISION 1. GENERALLY
Sec. 90-71. City manager rules and regulations.
The city manager is hereby delegated and shall have the full authority ^f +~-citp
sea~iss+er~ 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.
DIVISION 2. COLLECTION
Sec. 90-96. Removal, storage and disposal of unauthorized garbage facilities found on
public property.
(a) Garbage facilities found onuper~ 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 ewnerviolator by certified
mail.
(b) Upon removal of a garbage facility pursuant to subsection (a) ^++~-s~tim;, }ham
.,,+ o;^ ..,, +"^ ^~ ^,+ ..+,. ~,,,.^+;,,., „* +"° f^^;r+., Tthe city~aaager shall
retain the facility for a period of thirt 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 thirt 30~ days, pursuant to subsection (b)~~#
+"~~ ~°^+;,,., ~"^umay be disposed of as provided by law.
13
Sec. 90-97. Garbage collection services.
(a) Mandatory. Each ees~-pies# dwelling or commercial establishment in the city is
required to have a garbage solid waste collection service, city-eF-pr+vat~ and garbage
facilities approved by the city manager.
(b) Collection by single-family waste contractors. ~~^^^+ ^^ r.r^.,~,+°,+ °I^°,.,h°r° ir, +hi^
^h^^~All solid waste generated by single-family residences and
multifamily residences of eight (units or less shall be collected, conveyed and
disposed of by orn + ^ + ~ G ~h ~~ ~!n° ch~+ll h° Mn^r~m nlic h°rl h.• ~~ ~f +h° c°r~•i^°c ^f
.... . ~ ..., .,. ~.,.~ .,., .,.,.,. .r,...,~ ..,.. „~ .. .. . ..................
a single-family waste contractor~s~.
(c) Collection by franchise e waste contractors~ellester~. All garage;-tras#~ef
solid waste ^^^ ^, I^+°a •., +h., ^i+., generated by commercial establishments, industrial
uses, hotels, roominghouses~ and multifamily
residences of nines dwelling units or more shall be collected, conveyed and disposed
of by franchise waste contractors''^^^°^~' ^ ,r^ ,^^++^ ^°^+•^^ on_~~, °+ ^°^
Sec. 90-98. Location of garbage facilities and garbage storage facilities.
(a) All garbage ^^ ^r ^^^+^in^r^ +r^•-h ^^.,+^i^°r^ rir ,+ mn^+°r^ facilities shall be
kept together in or within a walled or enclosed area on private property or if not on
private propertv) at a location approved by the city manager. Such area shall not extend
into any front yard„e 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
franchiseprivate 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 ^^^, +r^^h ^^.,+^•^°r ^r ,+ ,m.,^+^rFacility in
an area requiring the garbage collector to use stairs or ascend or descend split
elevations in order to sellest-garage 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.
(b) A city building permit shall be required for construction of a garbage storage facility,
and +tsuch facility shall be se constructed so as to be compatible in appearance with the
building and/or premises it services.
(c) It shall be the responsibility of the pre~er#~ owner; occupant; or operator, agent
iesse~ or manager of spa property ewaer and the pr+vatefranchise waste contractor
servicing that propertv, to ensure the return of garbage ^
facilities to the approved location after collection.
(d) At no time shall any Garbage facility^^^° ^^^+^;r,^r^ ^r a„^,^°+°r^ be kept upon any
public property, including, without limitation, on any street, alley er sidewalks er other
right of way, or public land ^°~ty ^ot ,,, +"o ,,..,,°,ch'.Y ^r +°r,or,^~ ^+ +h
,~rser~s-~ ~•~g~ "^^ers~ssaedl-~c~t provided, however, that
containers provided for pickup of recyclable materials ;~r^ ~^+~o +z"~i,,te~a;
14
may be placed pea
in front of +;e-p;~;~a 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,
a^^,^^ ^^,+ ";^+^~ ^ ^~^^°..,.,+'^^ .+;"'^;^^ public works department, and~er building
°^~s departments as to location, size, aador such other criteria deemed necessary by
applicable lawu~e.
(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,~esiga
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
reea~sstorage facilities approved by the city's planning department, ~'^^~^^ °^~' "~°+^~~^
^r°°°^~°+'^^ ~'~~^^~^^ public works department, and building~e~ department as to
location, size and such other criteria as required by applicable law( ^~ ^~+~~ ^~~'~^°^^°
Sec. 90-99. Condition and inspection of garbage facilities.
All garbage facilities shall be maintained in good condition and
repair. All such ~°^,~taoi~sfacilities 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 appeiated
authorized by the city manager.-aad aAn appeal from~sh a condemnation shall be to the city
manager or his a{~peiated-authorized designee.
Sec. 90-100. Minimum capacity requirements for various types of uses and occupancies.
(a) It shall be the responsibility of the owner; occupant;ager~~ manager or operator of
the premisese~~~~em+ses, ^*~^*~ ~e-er t~ailding in the~ity to provide sufficient
temporary garbage and trash storage through the use of approved ,
daa~ster~garbage facilities.
(b) The garbage cans or containers per rp opertysite shall not be limited provided each
individual property has its ewa 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 aad-ewer to approve the capacity of t#~ecans
or containers, and the frequency of collection services for aneash 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,isk~er trash (e.g. rubbish), or other
solid waste generated in any~x+st+ag dwelling used for asingle-family residence,
including, without limitation asingle family home, duplex, townhouse, apartment,
15
~a~ or other multifamily t~ild+ag 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 2 thirt 30~-
gallon cans or containers per family in a single family residence, such as a
single family home, duplex or townhouses and for apartments, one thirt 30~-
gallon can or container per apartment, unit.
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 ~a4 a case by case basis.
b. The required minimum capacity r°^~~t3eve may be supplied by
^
providing garbage facilities^~n^ ^r ^^^+..•n°re +ro^" ^_ nr ^nn+n;n^.^ ^.
~'~ ~^~ of sufficient size and number as are required to hold the
minimum capacity (as defined below), '^^'~^^+°~' ^"^~~^ and t~providing
for all such garbage facilities to be emptied at least
twice a weeks or by providing cans or containers of lesser sizes or
number provided that the same are emptied on a regulars scheduled
basis, but more frequently than twice a week.-~ha#~ The product of
the capacity of the containers provided multiplied by the number of times
per week the containers are emptied isshall equal to the minimum
capacity requirements °~" in this subsection (b) ^' +";^ ^^^+,rin
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 +at~
the same ratio as the compactor is capable of reducing the bulk of
garbage or trash; jas 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 trams-er garbage or trash compactor,
the owner; occupant; or operator or manager ef~he
premises shall, if requested by the city manager or his authorized
designee,b ~ „~...h ~+F,r~r n^r^r~n o~ ~ nL+^r^^rl Lw +"° ^'fi, monon°r ,n,i+F,
~ .~.., ~.,.,. ,,.,.. ._ .. .y..... ..~ .. ... _.~ ..._.._~_. ..._..
n^;"'~;+„ +.,r r.nfr,rn'nn +"'^ ~°^+;^., provide proof of the frequency of
trash and garbage collections; ors in the case of a compactorserepastiag
~ea+se, the manufacturer's' brochures or certification indicating its
capacityies. If such proof is not provided when requested it shall be
presumed that the capacity supplied is that of the containers provided
16
and that the containers are emptied on a basis no more frequent than
once a week.
d. Installation of compactors is subject to per~+t-arid approval of they
^~^^°^°r °^~' +"^ building~efvlses department director, and a duly issued
permit by the building department.
(3) Industrial waste is all solid waste ^^~'i~ generated by construction, land
claims, excavationg of structures, roads, streets, sidewalks or parkways,
including waste collected for recycling; such as jbut not limited toy oils, greases
and papers. Any such waste aad-~ebr+s that, ifm due to volume or
nature does not lend itself +~mse~~s-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.
Sec. 90-101. Removal of garbage, trash and other items.
(a) Anil owners; or occupant of a single family residence, duplex, or town house-aad-ia
the ^l.cn nF ~ ralr. fYm'h, ~irl~rinnc nr rl~ nl^vnc oll num°rc ~nr! nnn ~n~n+c shall be
required to remove from theirsuch property and the area adjacent to st~the property
between the property line and the paved portion of the up blic right-of-way~~
e+-alley any and all garbage, trash-aad or other solid waste
within 24 hours of the time such ^~^+,,,~ia;?waste is placed in that these areas.
(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 subiect to fine and
penalty as provided under sections 90-37, 90-39 and 90-40.
deef~ed +^ .+ ^hi +n ~+riv n.+rhl.nn +r~+ch v^A n+hnr i+nmc nrnn^rhi c+nrnr! fnr nnllnn+inn in
`^ wcJc, .,.. ... .... .... ......... ~... .. ~......~ ...... ...,. .... ............ ,... ...
a~~rvcno~VV1'[h +~~enc n~~~•F+^n+°r ~~hn +mm~nr^r~i c+n ronn nn nr7'nn
~.'
(c) ,
tfa r-F #"r,r~ f h.+nn t~as# ~ ~ +hn nr^micnc nn ~~ih'^h '+ ~eio
'TS~C~-c-aTT3'--aypt~rgcnvagc, -vi--vdu
sestlc~s 90 ", °^'O ^^^' °° ^^ This section shall not be deemed to apply to any
aarbage 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.
Sec. 90-102. Illegal disposal of solid waste.
Except as provided elsewhere in this chapter, it shall be unlawful ^^~' ^~ ~h~°^* +„ +hn
^nr,^'*'^^ ^r^,;,+°,+ i^ +h~o ^h^^+nr to deposit (i.e. dump) garbage, trash or any~+ad-e# other solid
waste upon any vacant, occupied or unoccupied premises ~•~~+"~ +~;e-s:tp; or upon any street,
alley, parkway or park; or in any canal, waterway, bay, ocean, pool or lake within the city.
17
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.
Sec. 90-104. Removal of industrial wastes.
Removal of industrial wastes is the responsibility of the owner; occupant; eperater_ 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 sity--4iseased
private waste contractor. Cr.nn+ ^'1^ ^r nr^o^^~- ^^^ m to+°r• ^+ ^^r^^°^ f'll'nn ^+o+'nn^ r~r
'm'I r °^+.+hl'^hm°n#^ , ,ill n+ hn romnv°r• by #hr, ^ifi.
Si~iii~ai c....:........ ....... .... ..... ..... .... ........ ..... ..~ .. ... ....~.
Sec. 90-105. Disposal of garden trash, tree and shrubbery trash, and special handling
garden trash.
(a) Options. All pProperty owners or occupants serviced by the city shall have the
followingtwe 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) Th° ^,.,^°r~°~ r, ^^^. ^.,^+° ^,°" transport such materials to a regulated
stash area and deposit it there at theirthe owner or occupant's ewa 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 stand shrubbery trash:
(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 fift 50~ pounds, w#+shand are to be placed curbside
for +"^ ^^^+r^^+nr +^ pick up 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 te-exceed
fift 50~ pounds, and shallte be left at the curb for +h^ ^^n+r^^+^. *^ pick up on a
regular collection day.
(d) Contractor pickup procedures for special handling garden trash. Special handling
garden trash will be collected "~~ +h° ^;+•. ^, r.^r'^ ,+°°'^^°° only from city-serviced
18
geese 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~e be setdetermined by the city manager but subiect to approval byand-~reved
~ the city commission.
Sec. 90-106. Use of regulated stash areas.
The city fias m~established a regulated stash area, as approved by the city
commission, and which maysha~l be operated by the city or by a private waste contractor, if s--as
approved by the city commission. Upon payment of a fees
stasta-area, said fee subject to approvalaad-appreved by the city commission, members of the
public may deposit ^+ +~;e-area such trash or other solid waste at the regulated stash area, in
accordance with reasonable rules and regulations promulgated from time to time, ^°_°_^ed
by the city manager or has authorized designee.
Sec. 90-107. Exemption for recycling pursuant to interlocal agreement.
Notwithstanding any other provision of this chapter, collection and disposal of recyclable
materials-~e~-resysting pursuant to an interlocal agreements which the city has entered into or
may enter into ~^ +"° f ,+ r° 'nrl r!'n° " + ^r~+ I'mi+°rl +n +Fi° 'n+°rl,~^^I ^nr°°m°n+ with Nliami-
Dade County, for inclusion in the Csounty's curbside recycling program "^*~•~^^^ +"° ,.;+.,
ne°+r^.,,,~,+^., n^,+° r.,...,+., shall be exempt from the requirements of this chapter and shall be
governed by the terms of the most current version of the interlocal agreements ^^ +"^~~ m^~~ "°
DIVISION 3. RATES, CHARGES, BILLING PROCEDURES
Sec. 90-131. Fees for collection.
Except as iaereia otherwise provided in this chapter, all ~ owners
or occupants of residential propertiesprer~ises in the city, shall pay the city the fees set forth in
this division for the se^,~~a; "tee, +r°°" °^~' ~^~°°+° solid waste collection and disposal
including~fef the availability of such service.
Sec. 90-132. Liability for fees owed to city.
~a) ~„ ,.^^^ „+ ^~~ ",,;~a;^°^ ^~+ ,^+°a •^ ^~~ ^,-°^^ ^+ +"^ ,.;+., ~It shall ultimately be the
responsibility and liability of the owner, ~°°~~'°^+ ^~ ^^^ ~^°^' of the t~ildiag rp operty
and/or premises to pay the proper service fee and to furnish the necessary number of
garbage facility for such buildiagproperty 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 athe 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 fees and furnishing necessary garbage ^^'' +~^°" ^^^+°~^°-°facilities.
19
(b) The service fee required and imposed by this division is the ultimate responsibility of
the owner of the t~+ld•in9;property and/or premises. a+~-r~Nothing contained in this
chapter is-teshall be construed or interpreted so as to impose ttiesuch responsibility and
liability for the payment of the service fees upon the a residential tenant or occupant of
any hotel or apartment building.
Sec. 90-133. Single utility billing.
~„°^ .,°.^°~ ^+ ., .,^-+„ ^. ^.-^^°.+;°° ~^ °a,+;+'^^ ^ti° The city's chief financial officer may
direct, where practicable, that the appropriate charges for gauge-aa~ 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, ^~nn below. The terms
"commercial business account" and "commercial units" shall exclude from their definitions
fesideatial town house and duplex units, ^^^~'^^~~^~~ ~^~ ~ ~^~+^ r°^„+°„+,.,~ ^^,,.,°,-^+;,,° apartment
units and other multi-family residential r°~ buildings fronting ea a private street and whose
waste removal services are provided by a private waste contractor.
TABLE INSET:
Number of Equivalent Commercial Units (ECU) Monthly Charge
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 ^++++-~ac.
Sec. 90-134. Occupation of premises deemed evidence that garbage or trash is being
produced.
The fact that any p{aee-e~-abederesidential dwelling or ~^~~ ^'~^° ^f h~ ~°~^°°°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.
Sec. 90-135. When fees payable.
The ~er~thty fees prescribed in this division are payable monthly in advance beginning
on October 1 of each year.~ad tThe 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
20
made. T#eAll fees shall be payable promptly, upon billing by the city
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 ~ ^~•~^ers;ns~Perators-of-the c~ ~~~°^+ ^~^^°~+~~ 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 a#eresaidinvolved, 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 thesaid real
property~avelved. The above-referenced sew+se charges shall become delinquent if not fully
paid within fifteen 15~ days after the due date,;_ tThe maximum rate of interest allowable by law
shall accrue to such delinquent accounts. Unpaid and delinquent °°~e charges, together with
all penalties imposed thereon, shall remain and constitute liens against the real property
involved. Such liens r^r ~°^^^^ ^~^~^^° ^^~' ^°^^'+~°° shall be enforced by any of the methods
provided in ~-.~sCh. 86, Florida Statutes; ors in the alternative foreclosure proceedings may be
instituted and prosecuted ,
€-S- pursuant to sCh. 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, Tthe owner aad/er-epefatef shall be responsible for payment
of any and pay all costs ,including attorney fees and setfrt costs, resultin
from collection of said fees/charges^°~~~~^° ^~~~^^° ^^^^'+'°~ ^^a ''°.,~ ;...^^~°a +,., .^~+„^ ^+
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
°r^°a +^ ti., ^^.,+.-.,^+ ti°+..,°°., the particular4iseasee °^~' ~^+^' ^~^ 'se~~
r°~+.. ....,+ ^~ ^+h^. ,.^..,..,^~^;.,~ establishment and the private waste contractor.
(c) The city manager shall have the authority to adjust base fees iupwards or
downwards, as the case may bed where, in particular instances, the accumulation of
",solid waste exceeds or falls below that for which the base fee +swas established.
ARTICLE IV. PRIVATE WASTE CONTRACTORS*
DIVISION 1. GENERALLY
Secs.90-171--90-190. Reserved.
21
DIVISION 2. LICENSE AND PERMIT
Sec. 90-191. Licenses, permits, indemnification, and insurance required for all
+wdepe~er~t contractors.
The requirements of this division are to:
(1) €ensure and facilitate the collection of liseese fees; to provide uniformity and
quality of service from the'i^^..~rse~contractors;
(2) AAminimize wear and tear a~ traffic congestion and noxious and noisome
materials, odors and activities in and around city streets, r^°^'^ °~~°^~ ~°^ and
other public right-of-ways and public property; and
(3) Assure that the citizens of the city have safe, efficient, sanitary and qualified
licensed contractors
d+v+siaa.
Sec. 90-192. Business':,~tax receipt required.
(a) Cvn°r~# °^ nrnvirl°rl °Ic°uih°r° in +hi^ nh°n+°r' nNo person shall engage in the
business of ~ ~ disposa~l,~a^nd/or collection of any kind of
solid waste, gurvag°c, t~a.~t~ vvie~~v~~~ ^'Form^~~°~.~s, h.»orrJni is nr hinh~+~nrrlni is
+~aste or recyclable material within the city without first having been approved by the city
manager, and having secured a current business tax receipt'; for suchal
activity. The business tax receipt,;, will be issued ^r^,,,^*'„ ,,,,h°^ +h°once an
applicant has ^°i^' +h° "^°^^° °°° ^^^' "^^ met all a~l+ca`aie requirements as set forth
in this division and in chapter 18, and has paid the applicable business tax receipt fee~#
this-Bede.
(b) Business "^^„o~Ttax receipts for private waste contractors shall be classified as
follows:
(1) franchise waste contractors~-
(2) €rolloff and grapple service contractors;.-
(3) €recycling contractors~-
(4) ~Ihazardous waste contractors; and.-
(5) €biohazardous waste contractors.
(c) Only franchise waste contractors shall not be required to obtain separate business
tax receiptss~ty-4+ser~ses for servicing rolloffs and portable containers; for collection of
hazardous and biohazardous waste; and for recycling activities.
(d) The city manager shall have the authority to create any additional 'icebusiness
tax receipt classifications as deemed necessary to protect the public health~~d safety,
or welfare ~°~"°^ °^^r^~~°^' "~~ subject to the approval of the city commission.
22
(e) Any (and each) application for a business tax receipt for collection and disposal
of anv kind of solid waste shall require and be subiect to the prior approval of the city
manager which approval, if give at all, shall be obtained prior to issuance of the
particular business tax receipt.
(fe) Issuance of a business-tisease 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 persona; the description of t~eall 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 ~ispesal
facilities ~~°"'^'°° ^~' ^ ^^+ +^ "° .^°,+
+., m ..^^~ °r~^.- +^ +"° i~^ ^.,^^ ^f +"° r^°.,~° The applicant shall also provide
evidence that any dis~esalgarbage facility described is licensed or approved by the
+h '+'^ f +F,^ ,nfii nnrl r~'^in^~I~+i~re~ ^ ,^h fo^ili+~i 'c Ir~^o+°rlC~
pursuant to this chapter. No applicantl+seR-see 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
d}spesalparbage facilities described in its application without first having reported such
changes to the city manager ands ;;s 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#) ''' ^~~ns~Any business tax receipt granted to a private waste contractors pursuant
to this section shall not be assigned, nor shall anv receipt+"°'n,~e;~s remain valid if the
controlling stock ownership or voting rights of a contractor (who is a corporate entity) ar~y
^^~^^~^+° '~^°^°°° °~°is transferred or assigned, except with the rp for express written
approval of the city manager.
~h~~ni"^., +"° r^°.,^°° •^ ^I^^ ^Assignment or transfer (including, without limitation the
transfer of controlling stock ownership or voting rights) of a franchise waste contractor's,
^^^~^.,.,,°.,+ r.f ,+^ .i^^..^° °°,+~^. business tax receipt and/or franchise agreement er
must first "°~~^ +"° °~°~°^^ be
approvaled 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.
~jLln the event of a~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 d+visier~chapter and, if also a franchise waste contractor, of any
applicable franchise agreement with""tea the cityt ^^~' +"^ '~^°^^°° which
acceptance shall also include an affirmative statement evidencing such assignee's intent
to fulfill the obligations imposed under this d+vESieacha ter.
23
(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 be with full recourse to the original''^franchisee.
(Ig) Awn rAil #ir~scontractor doing business, as specified in subsection (b) of this section
within the city limits without first obtaining the required~ity business tax receipt,i~serose
will be subject to~{I 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-e~-t#+s--Oede may result in the suspension or revocation of the business~iser~se tax
receipt pursuant to chapter 18 and, if a franchise wash contractor, of suspension or
revocation of the franchise.
Sec. 90-193. Permit required.
The city manager shall require and will issue a permit for each garbage facility, trask~
recycling, hazardous and biohazardous waste, aad rolloff/ and portable container, a+~for all
solid waste accounts lesated 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; '~^^^^^ r°,,...r°^,°^+°
and all other requirements prescribed by e# this chapters 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.
Sec. 90-194. Observance of federal, state, local regulations.
All private waste contractors shall keep fully informed of all federal aad state~aws,
aRand 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. ~e#sContractors shall at all times observe and comply with all
such laws, ordinances, codes, rules, regulations, and orders and decrees. ^^'~'~+r,~.^~~Each
private waste contractor shall obtain all required licenses (including, without limitation, business
tax receipts) and permits to conduct business pursuant to this chapter~r^^, +"° #°r,°r°'
nv°rn m°n+ +~++° n~ n nfi. uh°n I°n°IL. rr~nr iir°rl
Sec. 90-195. Indemnification.
Each private waste contractor ' shall
execute an indemnification agreement whereby the contractor ~e~isescovenants 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 theme public streets for the purposes authorized in this diu+sier~chapter; aador 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 savehold the city, its officers, agents, and employees, harmless
from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities
24
incurred in and about any such claim, investigations 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 d+vis+eachapter.
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 ~^ '^ °~'°^+ ;^ + "'r,r^° °^,a ^++°^+ whichever term is longer, the following
required insurance coverages:
(1) Commercial general 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 severre-state the indemnity agreement set
forth in section 90-195. The city must be named as an additional insured on this
policy.
(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 nr°"^+,~~=ate 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 this insurance coverage shall be made without
thirt 30~ days' written notice to the city's risk manager.
(d) I+ ~^ ,^,+°r^+°°,+ .,^,+ ^ ,,.+ +".,+ °All required policies of insurance ^r^,';,+°,+ "„ +"°
~e~aFeare intended to be primary coverage to any insurance or self-insurance of
the city possesses that may be appliedy to a loss resulting from the work performed by
nr „°+~ o:pst`the contractors FQ.~ur'vm^^~Z"" °'9' ^ ^° ^f ^^^r~ n+c Ir~^o+°r7 ~sii#h'n +h
e+typursuant to this chapter.
(e) All policies ~ ^•+ +„ ^°.,°r +h° •^^ r°° ~r°..,°^+^ •^ +";^ ^°^+;^^ shall provide
full coverage from the first dollar of exposure. No deductibles will be allowed in any
policies-is~ed~r° ^~~t";s- ses#;o„--Q,;;ess s~esi'„~sa#egaards have~eea
^nr^v°ri by +hr. ^i+v~o riot m^non°r
(f) As evidence of the above required coverage, the contractor must provide
original certificates of insurance to the city's risk manager, ~~-theee 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
p,=i"ate contractor must submit a new certificate evidencing continuing or
replacement coverage prior to the expiration date of the insurance policies and must
25
submit annually certified copies of the liability policies required in subsections (a)(1)-(2)
n+4hi^ con#inn
~~.
(g) ~ .
The city manager reserves the right to increase the kinds and amounts of insurance
coverage required if •h in this section, including the right to make periodic
adjustments to the amounts of required coverage for inflation, ,
(h) Operation of activities by the contractorliseesee without the required insurance shall
be grounds for 'i^°^^° .,^,«~nr iron^hi^° revocation or suspension of the contractor's
business tax receipt and/or franchise agreement
DIVISION 3. FRANCHISE
Sec. 90-221. Required; fees.
~r~n~ rlpy~~y nF nn° ..e~-~Ht~- +h° cinninn of o fron^hicc on rccmcn+ wi+h +h° ^ifii °Each
franchise waste contractor shall pay to the city a franchise fee consisting of a percentage of the
~i^°~,~~--contractor's total monthly gross receipts, °°+^hr°"°,+ h„ r°^^~„+i^n ^+ +h° ^i+„
seiss+er~ The city commission shall have the option of raising the franchise fee once yearly
by resolution, following a duly noticed public hearing with thirty (30) days' prior notice to all
franchise waste contractors. Such raises shall not exceed two percent 2°( /°) of the
contractor's'i^~ total monthly gross receipts yearly,
,
The term "gross 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,~i^°^°°° i^^~„rli^^ h„+ ^^+ Simi+°,+ +^, fuel
surcharge fees, rnllnff .,~.,^°m°r,+ ^.,,, m^„°m°.,+ +°°^ °+^ ,but excluding °~^~°.,^~~~ taxes
and ,
. g6ross receipts from servicing rolloff and portable containers °~~
Sec. 90-222. List of accounts.
(a) T"° ',~-r, 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~psa-~attial
franchise;
(2) The frequency of service;
(3) The permit number and capacity of each ~^~°°+.. waste dumpster aad
sea~aste~~ as per account;
(4) The permit number and capacity for each recycling container as per
account-~
26
(5) The address serviced by each dumpster~ad-aete~;
and
(6) The address serviced by each recycling container.
(b) No property owner may share an account with another property owner.
(c) Notwithstanding section (a)(1), Tthe '~~~ contractor shall notify the city
manager in writing, on a monthly basis of any changes in its list of accounts.
Sec. 90-223. Monthly report.
Th°Tr~ci""'rvcTrJ°ca-Each franchise waste contractor shall deliver to the finance department
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 ^^ ^r h°+^r° +h° 1°n+ r,.,., ^+
eask~-Beath. This~eta+led monthly report shall include the customer names, service addresses,
account numbers, and the actual amount of waste~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 e#for the
previous month. ''~,~,s~cContractors shall on or before sixt 60~ days following the close of
their respectiveits fiscal year deliver to the finance department a statement of its annual gross
receipts generated from accounts within the city for the preceding fiscal year, certified by an
independent certified public accountant, ".,.,+' ~~°ir,+^ ,.;+hir, +h° ,.•+„+^,-+h° r,r°r.^.+~..^
~. ..~.~ ~....... _..r._ _._~ - r_____,.~
+~°^~ 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. ^,^~~ r°^ '+ i^ +h° •ni+~~+i°., „+
~' r^"r~ro+i^^ r+r^n°°rd'nnc
rtc.., ~.,.. ~ ..... .... ....~ r.. ., ......... .y...
Sec. 90-224. Audit or inspection of licensee's books and records.
Th^ '~,~-~eQEach franchise waste contractor shall allow the city's auditors-a~-a~y
r~aso; .,hlc'vfier upon reasonable notice and during normal business hours (i.e. 9:00 A.M.
- 5:00 P.M. Monday through Fridays 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, h + ^^+ h^ li.,,i+°a +r.,without limitation, the following: billing rates, billing amounts,
sequentially pre-numbered invoices, signed receipts, trip tickets, computer records, general
led ers and accounts receivable. Fa~la~~ + ~^' ^°+°"' '^c' __^•^'°+° r°^^r`*° '"'" '°°""
9 ~ ,...,..........,..__~__ - .~.---
~ +--R ~ir~i#•,~+tm,~-haease r°.,°,.,+i^., .,.°,.°°a•r,., _Additionally, the city's auditors may
communicate directly with contractor's customers ++h.,1°c°^c°,+ cc..+rM^+or for tie 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.
Sec. 90-225. Failure to pay franchise fee.
If +"°+"° 'imc~ ..v^2~Q a franchise waste contractor fails to +'^•°'" ^°" +~^ + '" pay any franchise
fee has set forth in section 90-221k when due and within the time provided, theme
contractor shall pay any and all of the city's expenses for collection of same; including ta~et
'i^~,n,~.t~tawithout limitation, sea~#-sest~ audit costs and reasonable attorney fees and costs. If
the~iseased contractor fails to pay the full franchise fee on or before the last day of each month,
interest shall accrue on the amount due at the highest lawful rate of interest.
27
Sec. 90-226. Evidence of payment.
In order to effectively provide for the collection of the required business tax receipts
~..+,,.., f°o ti~ ±ho !;co;,coa_ to the city, any person seeking to renew ~;sippsiness
''~ a business tax receipt pursuant to the provisions of chapter 18
,~~.,G„ts~°~tan;~-;,TChwp±er ' ° shall provide to the finance; „*^~ w^^' +"° c;+~ .~,^.,^g°r
department with evidence of payment of all outstanding esolid waste franchise fees,
fines and other charges as a condition to reissuance or renewal of the business ''~ tax
receipt.
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 Fridays ^f~~,~R, excluding
legal holidays. Between the hours of 4:00 p.m. and 8:00 a.m., Monday through Fridays, 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~~:99 noon (12:00 p.m.) shall be resolved before 4:00 p.m. of
that same day. Complaints received after-~A9 noon (12:00 p.m.) but before 8:00 a.m. shall be
resolved before~~89 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.
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 location of each dumpster, ser~aete~; recyclable material container, and
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, ser~aete~ recyclable material
container, or another garbage facility shall be placed or serviced until such permit is issued.
Notwithstanding the precedina, in the event any ~n-sase 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 underper-s~aa~te section 90-221. ' ~^~Contractors shall return dumpsters,
cer~pasteFS; recyclable material containers, and another garbage facilities to~sh approved
locations after servicing. Compactors shall not be installed without a permits from the city's
buildings department. Each garbage facility and/or each recvclinq
container must bear the name of the '~~ea contractor and must be serviced and sanitized at
least twice weekly. Garbage facilities or recvclinq containers located on
public property, or without a city permit shall be deemed abandoned and will be
removed by the city at the ewee~scontractor's expense, pursuant to section 90-331 et seq.
Service pickups by trucks are to be made from streets and driveways. Trucks ~^°~'~r~ ;;e
~ese shall not be driven or parked on sidewalks at any time. Contractors may not park any
"~^^ ^~ ~°^~~^~^"'^ ^~°+°r °' truck on a~public or private property within the city when not
being used to service accounts. Collection hourstime 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
+„-a "~.,c .:uc!c c^~' r°~~~!~~'° ^'c+c~`°' contractors shall carry identification cards approved by
the city manager or hs designee, at all times while servicing accounts. In addition to the
28
required gar-bagesolid waste and recyclable materials collection "~~ li^^^^^,+ ^^^+r^^+nro
pursuant to the provisions of this section 90-228 and other requirements ^^~~, +^mof this
chaptersJB,~s# contractors shall include the collection; of garbage, rubbish, trash, and
recyclable materials ~_ ~'_f~^^r! ~^ *"i° ^"°^+^r, up to and within that immediate area of the
owner's private property line where a dumpster, compactor, recyclin~ca~le-r~ater~ial container,
arador et~ier garbage facility may be located and, at a minimum, within a radius of ten feet (10,)
surrounding the location of said , recyclin~c ~"'~=via; container, aador
eNaer garbage facilityl; regardless of whether such garbage, rubbish, trash, or recyclable
materials may or may not be included or secured within a , recyclin~c abie
material container, armor ether 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.
Sec. 90-229. Selection of franchise waste contractors.
(a) Except as provided in section 90-233, the city shall not I+seaseauthorize Diet more
than fives franchise waste contractors for residential and commercial solid waste
collections and disposal ~^ ^r^~;,+^,+ ~^ ^^^+i^^ °n °'. Each applicant for a geese-and
+r^^" r,i^^^^.,' "^^^^° franchise, or for a renewal thereof, shall submit, ir, ,^,r;fi^^ ^ °^+ r.f
its qualifications in writing, to the city manager. The minimum qualifications to be
considered in the granting of ^ ~^"seethe 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_~r-,-iln the alternative, and at its sole discretion, the city
commission may accept, '^ i+^ ^^'° ,#'^r.r^+;^^ 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+"..+ •+ ".,^ ^ I•^^^^^ 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 tlaere#ertherefore. '~^^^^°° ^r ^^" .,^^'~^~^+ f^r
~. I' nrl^r ^^^+'nri °(1 104 ^+ ^^^
(6) The applicant's ability and commitment to provide its customers witht#ae-s+ty
p ~tSOF~c~~S~~a I#if.+mil,i r^~irl^r~^n^ ~~ii+h:
a. Good service;
b. Competitive prices; and
29
c. Demonstrated and/or proposed "green" initiatives„aad
ud-The applicant's Aability and commitment to provide~f} 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
right of ways, 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 qualifyies under
the minimum qualifications of this divisions, the issuance of the franchise shall be
determined by the city commission based upon the applicant(-s-) that which the city
commission deems, in its sole and reasonable iudgment and discretion; (and having
considered the recommendation of the city managers to have provided the most
significant public benefit(s) to the city (pursuant to subsection 90-229(a)(76)).
h F, ~. r• +{-, r, r•ri+^r'~. c^+ fr•rFL+ i^ cor+ir•n (1 (1 7'2(1
vc ........... ..~~ .. .., .,. ...,. .... .. _-. .... ... ... _.__.. _.. __ -__.
Sec. 90-230. °^~°•••~' ^~ ^^~'~°^`°.Term of Franchise Agreements; initial term; renewal
term.
(a) Effective Mav 1, 2010, franchise agreements ~•~~+~ shall ~° ••~- '~,r a
per+ed have an initial term of five (5) years. As to those certain franchise agreements
between the City and franchise waste contractors in effect as of Mav 1, 2010, but having
an initial three (3) year term which commenced on October 1 2009, said initial term shall
be extended from three (3) to five (5) years (with the five (5) year term commencing
retroactively as of October 1, 2009). f +ti „ .,^.,rc fr^m +hn ~^+n ref nr•n+ro r•+
(~At the expiration of the initial term of a franchise agreement, or earlier revocation of
the franchise, the city commission may choose, in its sole discretion, to accept
applications for new franchise waste contractor ?roen ^~•+~+;.,r,oa ,+ ..m;+^,+ .,^
~e TVVrtvmvrtcv visa uiii~ccc ao
ae#ed--abeve or, in the alternative, to renew an existing franchise agreement forl+seases
an additional threes-year renewal term.
'
VI ^n ~ro
4v
nrJ f^r+v
rl
+
`+ ,
mon+c
.^
,
..
M
.. ..... .
rcc.~
30
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 te-~eaide~er through a subcontractor, fsr recycling
see for any and all I+' f 'I~ ~~., ~~ ii+h °'nhf mnr° ~ni+c fnr ~eihi^h
Tf1FRTRaITfTI rl G.. .a ... .....~....
ccn°~„a-`wu~te accounts (as defined below) serviced^ ~r^ ^r^~~'~'°~' ^ fron^h•^°
waste by the contractor~ncluding without limitation any and all commercial and
residential accounts).
(2) €ver-yEach contract wither ^,~ '.;3=residense~; a franchise waste
contractor for waste fer~evaicollection and disposal services (an account) shall
alse include a proposal to provide tine recycling °^^~^°nr°° 'r°a ^,.r°,,.,^+ +°
. 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 has is both necessary and consistent for~hat the
particular °^°^if•.. m J+' f.~m'Iv r°^•rt°n^° account .
('3) \A/h +h rJ' +I 'r! r! hnnnfr~+^+°rl ~,i+h o n gol'f'°r• r°^vnlin
l M ~ ~ u
ser~trasteF eEach m .I#' f.+m'I" r°c;Yc.;c~ recycling proposal shall be required to
disclose to the accountsef}trac~ holder the savings offset that is anticipated ffera
r°°^I.~~`*^,^~^e as a result of recycling °^~,~e and the consequent
reduction of solid waste disposed; provided, however, that the recycling
proposal hand the required savings offsets fre^,,,--R",~sel,~oaste hag
.,,.r°°m°nf ;^ ^+.-,^+L' shall remain within the purview of the franchise waste
contractor and ' ~'~~~~' ~' ^, '*' *~^•~'•~ r°c:vc^c° the particular account holder to
negotiate.
(4) €~rEffective Mav 1, 2010, all contracts between a franchise waste contractor
and an account holder for the collection and disposal of solid waste in the
cif
,~s+domes-a~-*;~Teaaevaf-e~sel~~naste +h ^.,+..,^+n shall be modified to
include ~~'~' r°^ ,ir°mr.^+ *nr a provision to offer/provide recycling °~~
consistent with the provisions of this subsection 90-231(ab). Cvi°+'^^ *r.,.,^hi°°
The
franchise waste contractor shall l~avebe given a six month rg ace period~fea~
thG .,ff.,c!::~c do*° c* *.h:° ^_"°°^*~_^ commencing on Mav 1, 2010, to amend their
agreea}er~ts all of its contracts (including contracts with current account holders)
to make include a provision offering the required recycling preuisieasservices.
(b) Protest procedures for multi-family residences only. In the event that the recycling
bid and/or price quote (hereinafter, the offer) provided by the 1°.,ae„~a contractor to the
an account holder who is an owner, occupant, or
operator or manager of an apartment building or other multifamily residence, e~-a
is deemed unfair by said owner occupant, or operator or manager
31
then the aggrieved partv may file a protest
with the city manager. Any such protest must be submitted in writing +^ +h° ^'+„ ,,,^^^^°r•
must be made within 30 days of receipt of the offer by the ~ agqrieved
partv; must include a copy of the wr}~ offer ^,^~'° +^ +h° r,,.,r,r.r r. .,~~^^•.,+i^^, and
must clearly state the reasons and grounds that the agqrieved partv
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 is +-R ~fer~a ~•~~th the °~ ^^^ ing
do~°~'rrrc^-r'o-p^v'rr°vv~t=rnt to this sec±?o^ 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 #avehas 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 agqrieved partv 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 102-385e-Sec#e. 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 Aeeased
contractor to provide the agqrieved party with a new offer that
meets the minimum criteria for fairness; has established in the preceding sentence. The
contractor's failure or refusal to provide a fair alternateive ef#erbid and/or quote may be
grounds for-th~e.f,--, ~ ~,i~r-or +,--R ~si~}~-manager's designee--te suspensiond or
revocation of contractors franchise agreementrr,.,r.L° +h° fro n^hic°
Sec. 90-232. Bankruptcy or insolvency.
If the franchise waste contractor''^~e becomes insolvent or if the contractorliseasee
files a petition of voluntary or involuntary bankruptcy, its franchise shall automatically terminate
no later than the date of filing of the bankruptcy petition.
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 commissionr~ay approves and ^~ +~n implements a citywide recvclinq
program,°^~~^'i^^ r°^ •r°^,°^+° for multi-family residences, which program may also
include recvclinq for commercial establishments, subject to and as permitted by Section
403.7046. Florida Statutes (hereinafter, the "cit ide rec clin ro ram"
e°~ta~~",~~;ts, the city manager may continue to license individual recycling contractors
ipursuant to section 90-306 et seq., " +hr.° h° Yw+h^ri~°,+ #° ^^II^^# °nrl r°^~^~
(b) 'If the city
commission desidesdetermines at any time to @Statm~„approve and implement a
citywide recycling program #er 'r~u.t;-,'a,,,;t3~resid~es aad,~er~e;~;a:
ec+.+h~vlic~ + r!' !,1 r+~, hl'chm r.+c onrl lr~r
~ ~
32
~+'f.,^,'~" r°c•dcr,c°° ±^ ro^„^' the city manager shall then meet with the current
_._,
franchise waste contractors ~subiect to and as permitted by .
4~93~06(a3 Section 403.7046 Florida Statutes), for the purpose of negotiating terms and
fega4ataeas conditions connected with the provision of ~asl-i recycling sear+ses pursuant
to the city's program and as to that portion of the program pertaining to multi-family
residences. The terms, including rates to be charged by contractors ~^ +h° ^;+„ fl,r +h°~°
°^~T shall be comparable to those established in ether municipalities in Miami-Dade,
Broward and Palm Beach counties for provision of similar recycling services.
(c) Each franchise agreements between the city and t#ea franchise waste contractors
shall require that in the event that the city commission approves and implements a
+~aada#es citywide recycling program, fir 'm~tic;dc^coc u^c'!cr c~.,,;,,°rc°.°!
e~ta~sn,;,eRts any franchise waste contractor who deesoptS not ^+°r ,.,+„ nnr°°.,,°.,+
w+tk~tk~e-s+ty to provide the required recycling services for multi-family residences under
the city's program, ^h^" ~+ +h..+ +;.,,° must notify thefts accounts holder ~+~~~~ in
writing, informing tk~~~e--asseaatsthem that they may, within 60 days of receipt of the
notice, elect to terminate their account and then existing contracts with thesaid
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 +tshis/her option, provide #er recycling
°°~s pursuant to the approved citywide program by:
(1) Entering into an agreement with other persons to provide recycling °°°r~;
to accounts serviced by franchise waste contractors;
(2) Entering into an interlocal agreement~s~; and/or
(3) Granting additional franchises to' ~^°^~~^^ ^^~•- frnnnh~^° 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 divisieachapter; including those pertaining to collection and disposal
of solid waste.
~e~lf the city enters into agreement for provision of recycling services pursuant to the
approved city program, except for an ~y interlocal agreement ~•~~+h °^'„ ^^° ^r
tav~~seatraeters, rates charged for recycling PC°r~crviecs 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 citywide
recycling program (if approved and implemented) selection of recycling contractors to
service commercial establishments under the program shall be in accordance with the
reauirements of Section 403.7046, Florida Statutes, as same be amended from time to
time
Sec. 90-234. Revocation of franchise.
(a-Failure on the part of a franchise waste contractor to comply in any material way
with the provisions of this chapter or e#with its franchise agreement ~•~~+"~€ty shall be
causes for termination and revocation of itsthe franchise, but no such termination
shall take effect if the reasonableness or propriety thereof is protested by the contractor
33
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.
firs rtoiT..., +., h., .`.,.1.`.rl h +h _~+ __.._. {_..~ ...+h +h_ _ _._._.._ _f +h'_ ___±'._-_
.. ... .. ~ .. . y ~'
Sec. 90-235. Required certification and disclosure form for franchise waste contractors.
a) 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 require the
franchise contractor to execute (as well as require the franchise waste contractor to have
the contracting partv. 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 anv time during the term of the franchise, request that the
franchise waste contractor provide true and correct copies of anv or all disclosure forms
for its customer(s)/account holder(s). Contractor's compliance with this section may also
be enforced by city auditor inspections pursuant to section 90-224.
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.
DIVISION 4. SPECIALTY CONTRACTORS
Subdivision I. Generally
Secs.90-256--90-275. Reserved.
Subdivision II. Rolloff/Portable Waste Container Contractors
Sec. 90-276. Permit'' °~e required.
Except as provided elsewhere in this chapterar~le, 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 ep rmitliseese for such
activities from the city~aaaager by paying the business tax receipt amount''^^,~~ as set
forth in chapter 18~e~ 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 receiptiisepse to service rolloffs or portable containers within the city.
34
Sec. 90-277. Permits required.
No rolloff container, dumpster or portable container shall be placed or located within the
city~imi#s without a permit from the city~aaager. Failure to obtain a permit will result in a
penalty of $100.00 per location.
Sec. 90-278. Fees and requirements.
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 eighteenmo percent 18% of the-liseased
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. Tti^ ^ ^f ti..rr;^.,,+^° ~° ^,-,^,+°+^^,
(2) Off-street permit fee. When the rolloff container is to be located on+as+de
private property~iaes, the permit fee shall be eighteenmo percent 18% 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.
(3) List of accounts. Th^ '~- ^Each contractor shall provide the city
manager with a current list of the names and addresses of each account, upon
initial application and upon a~application for renewal of its ep rmits
I•ieense;; 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. T;° ''~^~.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~etaiaed monthly report shall include the customer
names, service addresses, account numbers,. and the actual amount collected
from each customer. Payments of ~ses# 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 sixt 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 "^„ccn?ev contractor's books and records. T''°',~,~„s`n
Each contractor shall allow the city auditors ^+ ^^~~ r^wccrYh!o #;mc Yf#^r upon
reasonable notice and during normal business hours, to audit, inspect and
examine the contractor's~+ssal books and records and state and federal tax
returns, insofar as they relate to city accounts, to confirm the contractor's
35
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. 'I~ I# #L,~ # M#~~„ ~f linonco rr+~i_^o#: ran nrnnoorlinnc_
av ui ~c....~. ~ ... r._____...~_.
Arl r#'#' ~.II #{~ '# rl'# nnmm ^~#o rl'ro^#hi wi #Fi ^ ~c#nmorc of #hc
(6) Failure to pay permit fee. If the '1°~,~a 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,
a late payment penalty, as set forth in appendix A, shall be due, and interest shall
accrue on the amount due at the highest lawful rate of interest per annum.
(7) Evidence of payment. In order to effectively provide for the collection of the
permit fee by theQ contractor to the city, any person seeking to renew
his/her annual business tax receipt~iseese pursuant to the provisions of chapter
102, article V, in addition to the requirements contained therein, 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.
Sec. 90-279. Location restrictions.
The city has the right to restrict the location of any rolloff, er portable containers
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.
36
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,-etE is never to be stored directly on the ground as rolloff
and portable containers; must be used at alf times. Rolloff and portable containers shall not be
used for the removal of garbage or commercial waste.
Sec. 90-281. Overflowing rolloffs and portable containers.
Overflowing rolloffs and portable containers and dumpsters are prohibited. The city
manager shall have the pewer authority to order the removal by the property owner of any such
overflowing rolloff or portable container or dumpster.
Subdivision 111. Recycling Waste Contractors
Sec. 90-306. License required.
G.,,.°^+ ^~ ^r^,; a°a ^~~^,.,"^.° ,., +"•~ ,~+:^~° ^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 receiptl+sense for such activities
from the city~aaager by paying the " ~°'^^°c '~^^^°° fee-as set-et~t forth in chapter 18~~th+s
Sede and by showing proof of insurance as required in section 90-191 et seq.
Sec. 90-307. Expiration of licenses.
Effective October 1, 2008, ep rmitsliseases 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 ep rmitliser~se shall be for the term of the franchise agreement. The city may at any time
°°^~~taapprove and implement a citywide recycling program ^ .rte ~.,+ +^ +"° r°^ •r°,,,°.,+~ ^+
~-.S-s1~-493, and may then cease permitting individuall+seasiag recycling contractors. Recycling
contractors operating under a valid s+t~y business tax receiptlisease at the time of
commencement of such citywide program may continue operation until the expiration date of the
I+sepsesaid receipt, but will thereafter cease operation within the city~+a}+ts.
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 ~~~'+"'., +"^ '~..,;+~ ^a 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.
Sec. 90-309. Exemption for interlocal agreements.
Activities of recycling contractors within the city~its 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"~ ~°;^^°° ~~^°^°°
37
Sec. 90-310. Regulations applicable.
All recycling~aa-ste 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.
Subdivision IV. Hazardous, Biohazardous Waste Contractors
Sec. 90-331. Permit~2 required.
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-J+r~its without first having secured a business tax receiptlisease for such activities
from the city+~aaager by paying the " °'^^^° '~^°^^° fee as set out forth in chapter 18~-e€##~+s
Cede and by showing proof of insurance as required in section 90-191 et seq., and proof of
required state licenses and fee.
Sec. 90-332. Requirements and fees.
(a) List of accounts. To obtain the ep rmitlisease required by section 90-331, t#~eeach
contractor must rp ovidegive 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 ciffiscal year, will
be issued by the city~aaager. The fee for each permit will be as specified in appendix
A. This permit is not transferable.
(b) Disposal restrictions. Disposal of hazardous or biohazardous wastes shall be done only
in accordance with section 90-103.
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
38
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered 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 ay day of t1 rl / , 2010.
PASSED and ADOPTED this ~ day of r~~/ , 2010.
ATTEST:
~;, ~~
e A, MAYOR
~/1~(~..Qil
CITY CLERK
F:\attoWGUR\RESOS-ORD\Solid Waste -Chapter 90 (Redline 1-6-10).doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
39
Appendix 1
DISCLOSURE AND CERTIFICATION FOR CITY OF MIAMI BEACH, FLORIDA CUSTOMERS
ADDENDUM FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICE AGREEMENTS
(RECYCLING/RENEWAL/AND TERMINATION ADDENDUM)
EFFECTIVE MAY 1. 2010 AS REQUIRED BY SECTION 90-235 OF THE CODE OF
THE CITY OF MIAMI BEACH FLORIDA ANY NEW SERVICE AGREEMENT, OR RENEWAL
OF AN EXISTING SERVICE AGREEMENT. ENTERED INTO BETWEEN A CITY OF MIAMI
BEACH FRANCHISE WASTE CONTRACTOR (CONTRACTOR) AND AN INDIVIDUAL
CUSTOMER (CUSTOMER) PROVIDING FOR THE COLLECTION AND DISPOSAL OF SOLID
WASTE (AND/OR RECYCLING SERVICES) FORA MULTI-FAMILY RESIDENCE (WITH
MORE THAN EIGHT (8) UNITS) OR FOR A COMMERCIAL ESTABLISHMENT IN THE CITY
OF MIAMI BEACH SHALL REQUIRE THE CONTRACTOR AND CUSTOMER TO EXECUTE
THIS ADDENDUM.
THIS ADDENDUM CERTIFIES THAT (PRIOR TO THE EXECUTION OF THE SERVICE
AGREEMENT BY CUSTOMER) CONTRACTOR HAS DISCLOSED AND/OR OTHERWISE
PROVIDED CUSTOMER IN CLEAR AND UNEQUIVOCABLE LANGUAGE, WITH THE
FOLLOWING INFORMATION:
1. CONTRACTOR HAS PROVIDED CUSTOMER WITH A WRITTEN BID/QUOTE FOR
THE PROVISION OF RECYCLING SERVICES; AND
2. CONTRACTOR HAS ADVISED CUSTOMER OF CUSTOMER'S RIGHTS UNDER THE
SERVICE AGREEMENT WITH REGARD TO: (I) THE DURATION (TERM) OF THE
AGREEMENT (II) ANY AUTOMATIC RENEWAL PROVISIONS, OR ANY OTHER
TERMS PERTAINING TO A RENEWAL OR EXTENSION OF THE AGREEMENT
BEYOND THE INITIAL TERM IN (I) ABOVE; AND (III) THE TERMINATION
PROVISIONS OF THE AGREEMENT, INCLUDING ANY POTENTIAL PENALTIES
AND/OR ADDITIONAL FEES WHICH CUSTOMER MAY BE LIABLE FOR (IF ANY) IN
THE EVENT OF CUSTOMER'S TERMINATION OF THE SERVICE AGREEMENT
PRIOR TO THE EXPIRATION OF THE TERM.
AS FURTHER EVIDENCE THAT CUSTOMER HAS BEEN PROVIDED WITH A
RECYCLING BID/QUOTE AND HAS BEEN INFORMED OF ITS RIGHTS AND OBLIGATIONS
UNDER ITEM 2 ABOVE. CONTRACTOR HAS ALSO CAUSED CUSTOMER TO PUT HIS/HER
INITIALS (AND THE DATE) NEXT TO THE SPECIFIC PROVISIONS IN THE SERVICE
AGREEMENT RELATING TO NOS. 1 AND 2 ABOVE.
FOR PURPOSES OF COMPLYING WITH SECTION 90-235 OF THE MIAMI BEACH
CODE CONTRACTOR MUST HAVE THIS CONTRACT ADDENDUM/DISCLOSURE DULY
EXECUTED AND DATED (IN THE SPACE PROVIDED BELOW) BY CUSTOMER
(CONCURRENT WITH THE PARTIES' EXECUTION OF A NEW SERVICE AGREEMENT, OR
RENEWAL OF AN EXISTING SERVICE AGREEMENT.
40
I [INSERT CUSTOMER NAMEI CERTIFY THAT, FOR PURPOSES OF COMPLIANCE
WITH CITY OF MIAMI BEACH CITY CODE SECTION 90-235, (INSERT FRANCHISE WASTE
CONTRACTOR NAMEI, HAS PROVIDED ME (CUSTOMER) WITH A RECYCLING
QUOTE/BID. AND HAS EXPLAINED MY RIGHTS AND RESPONSIBILITIES WITH REGARD
TO THE PROVISIONS OF MY SERVICE AGREEMENT NOTED IN ITEM 2 OF THIS FORM.
CUSTOMER/SIGNATURE
CUSTOMER/PRINT NAME
DATE
ACCEPTED BY OR ON BEHALF OF
FRANCHISE WASTE CONTRACTOR:
SIGNATURE
PRINT NAME/TITLE
DATE
NOTE: IN ACCORDANCE WITH SECTION 90-235 OF THE CODE OF THE CITY OF MIAMI
BEACH THE CITY, THROUGH ITS CITY MANAGER OR HIS/HER AUTHORIZED DESGINEE,
RESERVES THE RIGHT TO REQUEST COPIES FROM CONTRACTORS OF ANY OF ALL
CONTRACT ADDENDUMS/DISCLOSURES. IN ORDER TO ASSURE THAT CITY OF MIAMI
BEACH FRANCHISE CONTRACTORS ARE IN COMPLIANCE WITH THE AFORESTATED
CITY CODE REQUIREMENT. A CONTRACTOR'S FAILURE TO COMPLY WITH THIS
SECTION MAY RESULT IN SUSPENSION OR REVOCATION OF ITS CITY OF MIAMI BEACH
FRANCHISE.
41
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance increasing the term of the City's franchise waste contractors/franchise waste contractor
agreements from three (3) to five (5) years; amending Section 90-231,entitled "Recycling
Requirements for franchise waste contractors;" and further amending various non-substantive
definitions and terms throughout Chapter 90 to update and clarify same.
Ke Intended Outcome Su ported:
Enhance the environmental sustainabilit of the communit .
Supporting Data (Surveys, Environmental Scan, etc.):
I Shall the Mavor and Citv Commission adopt the Ordinance on Second Reading? I
Item
As a result of recent mergers and acquisitions, the number of the City's franchise waste haulers has
been reduced from its total of five to four businesses. It has been determined that maintaining the
four franchisees and securing added public benefit to be the most beneficial option to address the
vacancy.
The changes necessary in the City Code in order to proceed maintaining four franchises and securing
the added public benefit are as follows: the term of the franchise agreement in Section 90-230 of the
City Code is changed to reflect a five (5) year period of time instead of a three (3) year period of time;
a change to Section 90-231 requires franchisee's for all commercial accounts, not just multi-family
dwellings, to make a recycling offer with a provision to recognize the offset reduction in costs
associated with waste disposal; Section 90-222 is changed to require all franchisees to distribute a
contract terms disclosure form.
As Chapter 90 was being amended in order to address the specific changes associated with the
franchise vacancy, the Office of the City Attorney also undertook and used the opportunity of having
the Ordinance before the City Commission to undertake a general house cleaning in Chapter 90.
At the City Commission consideration of this item at the March 10, 2010 City Commission meeting,
the Ordinance making changes to Chapter 90 of the City Code in order to effectuate retaining four (4)
franchise waste haulers and accepting a package of public benefits as consideration, was approved
by the City Commission. In the Commission's consideration of this item, the City Commission also
provided direction to the Administration that a $75,000 cash contribution was to be used in support of
the International Baccalaureate Program and also approved three (3) recommendations forwarded to
the City Commission by the Sustainability Committee relative to recycling within the community.
In a separate item on this April 14, 2010 City Commission agenda; the second component of finalizing
the Agreement with our franchise waste haulers is before the City Commission. The other
component is an amendment to an existing Service Agreement between the City and the four (4)
franchise waste haulers which specifically delineates the additional public benefits and services that
would be provided by the haulers.
It is recommended that the members of the City Commission approve the Ordinance with the
appropriate amendments and the house cleaning items offered by the Office of the City Attorney.
Adviso Board Recommendation:
N/A
Financial Information:
Source of
Funds: Amount Account
OBPI Total
Financial Impact Summary:.
Cit Clerk's Office Le islative Trackin
Robert C. Middaugh, Assistant City Manager
Sian-Offs:
De artment Director sistant Cit Manager Mana er
JMG
T:\AGENDA\2010Wpril 14\Regular\FranchiseFifthHaulerSum2NDrEADI NG4-14-10.doc
~~ ~ ~~ ~ E~ AGEPIDA ITEM
DATE ~ -~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manag~ SECOND READING PUBLIC HEARING
DATE: April 14, 2010 -~i
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SECTION 90-230 OF CHAPTER 90 OF
THE CITY CODE, ENTITLED "SOLID WASTE;" SAID AMENDMENT
INCREASING THE TERM OF THE CITY'S FRANCHISE WASTE
CONTRACTORS/FRANCHISE WASTE CONTRACTOR AGREEMENTS FROM
THREE (3) TO FIVE (5) YEARS; AMENDING SECTION 90-231, ENTITLED
"RECYCLING REQUIREMENTS FOR FRANCHISE WASTE CONTRACTORS;
PROTEST PROCEDURES;" AND FURTHER AMENDING VARIOUS NON-
SUBSTANTIVE DEFINITIONS AND TERMS THROUGHOUT CHAPTER 90 TO
UPDATE AND CLARIFY SAME (AS WELL AS DELETING VARIOUS
DEFINITIONS AND TERMS FOR THE SAME CORRESPONDING PURPOSES
OF UPDATE/CLARIFICATION);
CODIFICATION, SEVERABILITY,
AND PROVIDING FURTHER FOR
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
As a result of recent mergers and acquisitions, the number of the City's franchise waste
haulers has been reduced from its total of five (5) to four (4) businesses. One of the existing
franchise holders, Waste Services, Inc. of Florida, recently acquired the assets of Republic
Waste Services in Miami-Dade County. As such, Republic Waste Services has ceased
business operations in Miami-Dade County. As a result of this acquisition, the current
franchise holders are: Waste Management, Inc., Waste Services, Inc., Choice
Environmental Services and General Hauling Services, Inc.
At the December 9, 2009 City Commission meeting, the City Commission approved a
referral to the Finance & Citywide Projects Committee to discuss the status of the franchise
haulers and options that are available to the City to address the vacant slot, or to pursue a
different option.
There are two (2) basic options which are available to the City Commission in considering
how to address the current waste hauler franchise vacancy. The City Commission may
determine that a fifth franchise hauler should be procured through a competitive process, or
the City Commission may determine that the current four haulers are sufficient.
In assessing the waste industry at the current time, there are very few waste hauling
companies known to the City that the City might procure as a fifth hauler. In the last
selection process in which the City undertook to fill a franchise hauler vacancy (in February
2009), the viable businesses that were engaged in the process included: Choice
Environmental Services, World Resources, and General Hauling Services, Inc. As the
Commission is aware, General Hauling Services, Inc. was chosen as the fifth waste
franchise hauler at that time. Subsequent to that selection process, Choice Environmental
Services acquired the assets of Davis Sanitation and that franchise was transferred to
Choice Environmental Services by action of the City Commission. The other viable
company in the region, World Resources, Inc., has had its waste hauling division acquired
by Waste Management and is no longer in that line of business.
Accordingly, it appears that the most viable option for the City is to maintain the current four
(4) franchise haulers, and to negotiate agreements foradditional services with those haulers
that would inure to the benefit of the residents and the public in general. This option is
similar to that which was undertaken by the City many years ago when faced with a similar
vacancy in the available number of franchise waste haulers. At that time, the City
negotiated with the then existing franchise waste haulers to develop a list of additional
services and public benefits in exchange for an agreement that the numberof Cityfranchise
waste haulers would remain at four (and that the fifth slot would not be filled).
In order to assess the potential value of the option to maintain four franchisees and to allow
the City Commission to make an informed decision, the Administration has proceeded with
discussions with the current franchise holders to develop a list of potential benefits that could
be conveyed to the City if an agreement is reached to maintain the number of franchise
waste haulers at four (rather than filling the fifth available slot).
In conversations with the existing franchise waste haulers, and in exchange for notfillingthe
fifth franchise vacancy, the haulers would offer the City the following additional public
benefits:
1. Provide the community two (2) hazardous material pick-up events per year.
Estimated value $8,000.
2. Provide the City with an annual cash contribution equivalent to the purchase of
fifteen (15) of the recently approved urban recycling containers valued each at
between $1,200 and $1,300.
Estimated contract value $18,750.
3. Develop a common brochure to distribute to all business and commercial accounts
in the community that explains recycling options, and the County requirement to
undertake recycling. No direct value is estimated forthe community; however, some
cost is associated with the hauler development of the brochure. This approach will
be similar to that currently used for multi-family dwellings.
4. Reimburse the City for security services provided at the "wasteful weekends" held in
the community each month.
Estimated value $6,000.
5. Each hauler would pay to the City one half of a percent of their gross revenues in
each year fora "green initiatives fund," to be managed by the City. This contribution
would increase by one half percent in each of the next two (2) years until a total of
one and a half percent of the gross revenues was being contributed to the City.
First year estimated value $90,000.
Second year estimated value $180,000
Third year estimated value $270,000
Fourth year estimated value $270,000
Fifth year estimated value $270,000
2
6. Contribute $75,000 per year (each) to the City for the purpose of paying for the
individual school expenses associated with the International Baccalaureate Program.
Estimated first year value $75,000.00.
Estimated total first year total contribution to the City, $197,750.
Estimated value to community over the (proposed) five (5) year term of the
franchise, $1,618,750.
The franchise waste haulers have agreed in conversation that the respective share for
participation in the new services of each franchise holder would be proportionate to the
market share which they maintain in the City of Miami Beach. This is the same manner of
benefit distribution that is used for the current list of pubic benefits that is being paid by the
franchise waste haulers.
The $1,618,750 in added services and public benefits is over and above previously
negotiated services and benefits. The value of in-kind services provided by the franchise
haulers prior to 2008 was valued at $462,462 per year. In 2008, when the franchise
agreements were renewed, an additional value of $921,620 per year in services and benefits
was negotiated as described below:
1. Disposal of litter collected by City crews in the Entertainment District (Lincoln Road,
Washington Avenue, Collins Avenue, Ocean Drive, Beach walk, and Boardwalk).
This service will be provided seven days a week. Total estimated savings of
$78,120.
2. Pick-up and disposal of all litter cans throughout the City except for litter cans
located in the Entertainment District. This service will be provided seven days a
week. Total estimated savings of $775,000.
3. Expand recycling services to 17 additional City facilities. Franchisees to provide
recycling containers and collect recycled material once a week. Total estimated
savings of $15,000.
4. Pick-up and disposal of recycled material in the public right-of-way and parks.
Service will be provided two times per week. Total estimated savings of $25,000.
5. Additional support for special events by providing 50 20-yard roll-off containers per
year. Total estimated savings of $10,000.
6. Additional support for special events by providing a discounted price on 30 port-o-
lets per year. Total estimated savings of $3,500.
7. Partner with the City on a recycling education program. Total estimated savings of
$15,000.
The total value of the in-kind services and benefits provided by the four franchisees before
adding the proposed $1,618,750 in services and benefits is valued (over a five (5) year
period) at $6,920,410. If the proposed services and benefits are added, the new total for
benefits available to the City (over a five year period) would be valued at $8,539,160.
Inconsideration for the additional public benefits, the haulers have urged the City to extend
the initial term of the franchises from the current three (3) year period, to a five (5) year
period, which would commence on May 1, 2010 to be retroactive to October 1, 2009.
The franchise waste haulers indicated this term would allow them a longer time to amortize
the cost of equipment that they needed to acquire in order to service the initial franchise
award. All of the franchise waste haulers indicated that the change in the term would enable
them to stabilize their pricing that ultimately should inure to the benefit of the community.
3
At its January 26, 2010 meeting, the Finance and Citywide Projects Committee considered
the various alternatives available to the City and agreed that the most advantageous option
available to the City (and the public) was to maintain the number of franchise waste haulers
at four, and approve the list of additional services and public benefits (identified in this
Memorandum).
The Finance and Citywide Projects Committee members also included recommendations
that in the event the number of franchise haulers drops below four, the item is to be returned
to the City Commission for further consideration, as four waste hauler franchisees was
deemed to be desirable.
The Committee further recommended that item 6, dealing with the $75,000 cash contribution
by the franchise waste haulers to the City to pay for expenses associated with the
International Baccalaureate Program, be discussed more fully by the City Commission to
assure that there is agreement on whether some other use of the funds would be more
appropriate.
On February 3, 2010, the City Commission was provided with an amendment to Chapter 90
(the City's Sanitation Ordinance) for first reading. The Commission deferred first reading
until such time as the Sustainability Committee could review the Ordinance, particularlyas it
related to recycling within the community.
At a meeting of the Sustainability Committee on February 16, 2010, the members held a
lengthy discussion on the proposed Ordinance, and their respective concerns relative to
recycling. As a result of that meeting, the Sustainability Committee made four (4)
recommendations as follows:
1) The Committee recommended that franchise contracts include language that clearly
stipulates that the County Code requires a recycling program to be in place and
further that the client may save money by recycling.
NOTE: This recommendation is a minor alteration of existing language in the
Ordinance that requires all waste haulers to offer recycling to all of their accounts
and to disclose in that offera tangible dollarsavings attributable to implementing the
offer of recycling.
2) The Committee recommended that there be three (3) single stream recycling drop off
locations for general community use in South, Middle and North Beach.
NOTE: This recommendation was accepted by the waste haulers present at the
Sustainability Committee meeting. If the City can develop the sites and have the
sites permitted by DERM they will accept responsibility for providing the containers
and servicing the containers. This recommendation is most appropriately done in
the Service Agreement which will be presented for City Commission action for each
of the franchise haulers at the regular meeting of the City Commission in April, at
which time the Second Reading of the Ordinance dealing with waste hauler
provisions will be considered by the Commission.
3) The Committee recommended to the Commission that the $75,000 allocation
originally proposed to be used as a fund for International Baccalaureate expenses of
each individual school be used for Sustainability issues.
NOTE: This recommendation is a policy decision. Commission direction on how to
expend the funds is sufficient. The Committee attempted to link this allocation to
Sustainability issues, while that was never the intent of the funding. The IB
allocation was an opportunity to solicit needed corporate sponsors, while the green
initiatives fund that will be created is intended to address sustainability issues.
4
4) The Committee recommended to the City Commission that a portion of the funds
that will be received from each of the franchise haulers be placed in a sustainability
fund, to be used by of the City be used to hire an environmental officer/facilitator.
NOTE: The Committee members anticipated that the environmental officer/
Facilitator would be involved in enforcement activities within the community, which
are currently not provided for within our City Code. At present, enforcement for
recycling is exclusively provided by the County. The Commission may also wish to
consider this position and the function in light of the overall budget (as if is developed
later in this fiscal year).
In the City Commission's initial consideration of this item at the February 3, 2010 meeting, a
concern was also raised by several Commissioners that the City Attorney's Office
undertakes a review of the contracts which are used by each of the franchise haulers to
assure that certain pieces of information were clearly and fairly disclosed to potential
customers.
In order to address this particular concern (and also the first recommendation of the
sustainability Committee), it is suggested that the Ordinance also include a provision
requiring franchise hauler contracts within the City to carry the following disclosures:
specific County law relative to recycling services; specific City provisions regarding recycling
services; and the specific terms as to the length of contract and any termination or renewal
requirements that are required in the contract. This form would be customized for each
individual franchise hauler in order to incorporate the specific terms and conditions
associated with their individual agreements. A signed acknowledgement of the customer
would also be required.
Three changes are necessary in the City Code in order to proceed with the
recommendations of the Finance and Citywide Projects Committee, the sustainability
Committee and the Commission comments at the February 3, 2010 meeting. One change
is that the term of the franchise agreement in Section 90-230 of the City Code of Ordinances
be changed to reflect a five (5) year period of time instead of a three (3) year period of time.
A change is required in Section 90-231 which deals with recycling requirements forfranchise
waste haulers. The Code needs to be changed to reflect a generic reference to accounts
rather than a specific reference to multi-family residences with eight (8) or more units. The
change recommended in Section 90-231 will enable item 3 on the list of added services
enumerated above, to be implemented. This language change would then require
franchisees for all commercial accounts, notjustrnulti-family dwellings, to make a recycling
offer with a provision to recognize the offset reduction in costs associated with waste
disposal. A change also needs to be made to Section 90-222 that requires all franchise
haulers to distribute and collect for recording purposes a signed copy of a contract term
disclosure form.
As Chapter 90 was being amended in order to address the specific changes associated with
the franchise vacancy, the Office of the City Attorney also undertook and used the
opportunity of having the Ordinance before the City Commission to undertake a general
house cleaning in Chapter 90. The Commission will note that a significant amount of clean-
up has been suggested by the City Attorney's Office in order to update Chapter 90. The
changes are intended to recognize current conditions and to reduce or restructure conflicting
or confusing Sections of the Code, so that it generally becomes a more readable and user
friendly part of the City Code. None of the changes offered by the City Attorney are
substantive in nature as they are strictly for conformity with current conditions and house
cleaning.
5
The City Administration recommends that retaining four (4) waste haulers and securing the
identified benefits is the most beneficial outcome for the community in addressing the
franchise vacancy at this point in time. It is recommended that the members of the City
Commission approve the Ordinance with the appropriate amendments consistent with the
direction of the Finance and Citywide Projects Committee and the house cleaning items
offered by the Office of the City Attorney.
It is further recommended that the City Commission address the $75,000/year cash
allocation to be received as additional public benefit by indicating its allocation to the IB
program expenses is supported. As indicated, the $75,000 allocation was solicited on an
overall community benefit basis, while the 1'/z% green fund initiative was intended to
address sustainability issues. Both the IB program and sustainability issues can be
supported with this direction.
The next action which would be brought to the City Commission to complete the process to
maintain four (4) franchise waste haulers and to add services would be an amendment in the
service agreements with each of the individual waste haulers. The service agreements
would identify the added services that would be provided consistent with this approach to the
franchise vacancy. This agreement will be prepared and brought before the members of the
City Commission together with the Second Reading of the Ordinance relative to Chapter 90
at the next gularly scheduled City Commission meeting.
JM
T: ENDA\2010\March 10\Regular\FranchiseFifthHaulerCommemo3-10-10.doc
6
HE MIAMI HERALD I MiamiHeraid.com~~~'~_~.~ ~___ ~~~~~~~~
~ NtIAMIBEACH
CITY OF MIAMI BEACH
'NOTICE OF PUBL-IC HEARINGS
NOTICE tS HEREBY given that second readings and public hearings will be held by the Mayor
and City Commission of the City of Miami'Beach; Florida, in the Commission Chambers,
3rd floor, Ciiy Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday,
Apri114, 2010, to consider the following:
10:15 a:m.
Ordinance Amending Section 90-230 Of Chapter 90 Df The City Code, Entitled "Solid Waste;"
Said Amendment Increasing The Term Of The City's Franchise Waste Contractors/Franchise i
Waste Contractor Agreements From Three (3) To Five (5) Years; Amending Section 90-231, ,
Entitled "Recycling Requirements For Franchise Waste Contractors; Protest Procedures;" And `
Further Amending Various Non-Substantive Definitions And Terms Throughout Chapter 90 To
Update And 6larify Same (As We11 As Deleting Various Definitions And Terms For The Same
Dorresponding Purposes Of Update/Clar'rfication).
Inquiries may be directed to the Public Works Department (305) 673-7080. '
10:20 a.m.
Ordinance Amending Chapter 86 Of The MiamiBeach City Code Entitled "Sales;" By Amending
Article III, Entitled "Non-Profit Vending And Distribution;' By Amending Division 1, Entitled
"Generally," By,Amending Section 86-141; :Entitled "Definitions;" By Amending The Definition
Of Message-Searing Merchandise; By,Amending Section 86-143, Entitled "Area 'Reserved
For Non-Profit Vending And Distribution," `By Clarifying'Pennit Requirements And Amending E
The Provisions Regarding The Relocation Or Suspension Of Non-Profit Vending Under Certain
Circumstances; By Amending :Section 86-145, Entitled "Prohibitions;' By Amending The
Activities And Actions :Prohibited By •A Permit Holder; By Amending Section 86-148, Entitled
"No Permit; Renaity," By Amending The Activities Prohibited"Without A Permit; By Amending'
Section 86-152.
Inquiries maybe directed to the City Manager's Dffice{3D5) 673=7010:
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,
or to express their views in writing addressed to the City Commission, c/o the City Clerk,
1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of
111GJG v1u111anwa u,.. v.u ,....,......• ,. ._ ..._~_ _.__
Cieck's Office, 1700 Convention Center Drive, 1'st Floor, City Hall, and 'Miami Beach, :Florid
33139 or via the Ciiy's web site at www.miamibeachfl.gov. This meeting may be continue
and under such circumstances additional legit notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami.8each
Pursuant to Section 266.01D5, Fia. 8tat., the Cify hereby advises the public #hat: if a persc
decides to .appeal any decision made by the City Commission with respect to any matt
considered at-its meeting or its hearing,. such person must ensure that a verbatim record
the proceedings is made, which record includes the testimony and evidence upon which tl
appeal is to,be based. This notice does not constitute consent by the City for the in#roductii
or admission of otherwise inadmissible orirrelevant evidence, nordoes it authorize chatleng~
or appeals not otherwise allowed by law.
To request this material in accessible format, sign .language interpreters, information
access for persons with disabilities, and/or any accommodation to .review arty docume
or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voic
(305)`67.3=721.8 (rTY)1ive~taystnadvanceto initiate pour request.TTY users may also call 7
(Florida Relay Service)., ; , , ,
Ad #600 _ . .