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98-3137 ORD ORDINANCE NO. 98-3137 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 90 ENTITLED, "SOLID WASTE;" REVISING FINE SCHEDULES FOR VIOLATIONS BY PRIVATE WASTE CONTRACTORS; REVISING REFERENCES TO THE CITY'S DESIGNATED STASH AREAS THROUGHOUT THE CHAPTER TO PROVIDE ONLY FOR THE BA YSHORE STASH AREA; REVISING REGULATIONS PERTAINING TO FRANCHISE WASTE CONTRACTORS, INCLUDING REGULATIONS PERT AINING TO SERVICING DUMPSTERS, COMPACTORS, AND OTHER GARBAGE FACILITIES, SELECTION OF FRANCHISE WASTE CONTRACTORS, AND RENEWAL TERMS OF EXISTI~~G FRANCHISE WASTE CONTRACT LICENSES; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of Miami Beach, Florida finds it in the public interest to ensure that all areas within the City limits are adequately provided with high- quality waste collection and disposal service; and WHEREAS, the Mayor and City Commission finds it in the public interest to retain regulatory authority, as permitted by law, over waste collection and disposal because of the overriding public health, safety, welfare and ecological considerations associated with the provision of this service; and WHEREAS, the Mayor and City Commission finds it in the public interest to retain control over the use of public rights of ways by waste collectors to ensure against interference with the pubic convenience, to promote aesthetic considerations, and to protect the public investment in right of way property; and WHEREAS, the Mayor and City Commission finds it in the public interest to attract high- quality waste collectors and finds that this can only be accomplished by protecting capital investments of said collectors; and WHEREAS, the Mayor and City Commission finds it in the public interest to ensure that high quality waste collection and disposal service is maintained through a responsive complaint handling procedure; and WHEREAS, the Mayor and City Commission finds that the granting of franchises for collection and disposal of solid waste from certain multi-family residences and commercial establishments within the City is the best means of assuring that the above-described interests of the City are served. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 90 entitled, "Solid Waste," is hereby amended in part to read as follows: CHAPTER 90. SOLID WASTE Article II. Administration Sec. 90-40. Fine Schedule for Violations of sections 90-98 - 90-107,;, anti 90- 191 et seq.,;, anti 90-221 et seq.: and 90-228 by private waste contractors (a) Violations of section 90-98: (1) Dumpsters and rolloffs placed on public property without city permit, per day . . . . . . . . . . . . . . . . . . . . . .. $ 5B:Be 100.00 (b) Violations of sections 90-99 and 90-100: (1) Deteriorated, rusted, decayed or unserviceable dumpsters . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . 5B:Be 150.00 (2) Outdoor garbage dumpster(s) without lid ............. ~ 100.00 (3) Failure to remove all garbage and trash placed in the contractor's container and generated by the account being serviced .................................. 100.00 250.00 (c) Violations of sections 90-191 et seq. and 90-221 et seq.: (l) Dumpsters currently in service, overflowing and generating a health hazard, per occurrence ............ 250.00500.00 (2) Dumpsters not sanitized or disinfected after collection . . . 5B:Be 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 2 (5) Dumpsters compactors or other garbage facility installed without permits """"""..",,,,,,,,..,,,.,,.,,..,,..,,..,......,," 1 00.00 (6) Garbage facilities placed by contractor without permit: a. First occurrence .."""..""""....""".......".".,... 1 00.00 b. Following, per occurrence by same contractor during same fiscal year ,,,.,,.....,,....,,.,,,,,,.,,,,,,.,,,,,, 200.00 (7) Contractors not reporting timely a stopped service in writing to the city manager or his designee (teml10rary or permanent) . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . 50.00 (8) Contractor's truck breaking sidewalks, curb and gutters; contractor's truck driving over sidewalks, curbs, and blocking pedestrian traffic or breaking water meter, electric meter or other types or lids on city property, cost of replacement by city plus: a. b. First occurrence ."""""."".."""......."..""".".",, Following, per occurrence" . . . . . . , . , . , . . . . , . , , . , , . , 1 00.00 200.00 (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 3 @ Violations of section 90-228: ill Failure to remove all garbage. rubbish and trash in contractor's container and placed within immediate area of owner's property line where container is located and. at a minimum. within a radius of ten (10) feet around the container Fine for Failure to Correct in Svecified Time After Notice a. First occurrence ,.............................. warnmg b. Following. per occurrence by same contractor during same fiscal year ,........................... 50.00 (d~) Payment of citys costs, In addition to the above-stated fines, violators must also pay any costs incurred by the city in the event the city corrects the violations pursuant to sections 90-36 and 90-37. (Code 1964, SI4A-33) Article III. Collection and Disposal DIVISION 2. COLLECTION Sec. 90-105. Disposal of garden trash, tree and shrubbery trash, and special handling garden trash. (a) Options, All property owners or occupants serviced by the city shall have two options for disposal of their garden trash and tree and shrubbery trash: (1) Owners or occupants of property may either containerize garden trash or bundle tree and shrubbery trash for city collection; or (2) The owner or occupants may transport such material to ~ regulated stash areas and deposit it there at their own 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, tree or shrubbery trash: 4 (1 ) Garden trash shall be placed into garbage cans, plastic bags or other weatherproof containers strong enough to support the weight of the material but not to exceed 50 pounds, which are to be placed curbside for the contractor to 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, such bundle not to exceed 50 pounds and to be left at the curb for the contractor to pick up on regular collection day. (d) Contractor pickup procedures for special handling garden trash. Special handling garden trash will be collected by the city manager's designee only from city- serviced garbage accounts 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 to be set by the city manager and approved by the city commission. (Code 1964, S14A-12) Sec. 90-106. Use of regulated stash areas. The city has established f! regulated stash areas, which shall be operated by private contractors as approved by the city commission. Upon payment of a fee set by the operator of a regulated stash area, and approved by the city commission, members of the public may deposit at the areas such gftl'bagc;...trash or waste as permitted by the ol'erator3 City. (Code 1964, S14A-13) DIVISION 3. FRANCHISE Sec. 90-228. Regulation 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, compactor and other garbage facility shall be approved by the city manager, and a permit will be issued for each. No dumpster, compactor or other facility shall be placed or serviced until such permit is issued. In case 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 pursuant to section 90-221. Licensees shall return dumpsters and other garbage facilities to such approved locations after servicing. Compactors shall not be installed without permits from the city's building services department and the city manager. Each garbage facility, including dumpsters, must bear the name of the licensee and must be serviced and sanitized at least twice weekly. Garbage facilities located on public property without a city permit for the location shall be deemed abandoned and will be removed by the city at the owner's expense, pursuant to 5 v,J n~il-. 1\ Ic4ljq~ section 90-331 et seq. Service pickups by trucks are to be made from streets and driveways; trucks used for this purpose shall not be driven or parked on sidewalks at any time. Licensees may not park any garbage truck on public or private property within the city when not being used to service accounts. Collection time for all waste material shall be between the hours of 7:00 a.m. and 7:00 p.m. only. All permanent employees of franchise waste contractors shall carry identification cards approved by the city manager at all time while serving accounts. In addition to the required garbage collection by private waste collectors pursuant to the provisions of this section 90-228 and other requirements contained in chapter 90. such licensees shall include the collection. only of garbage. rubbish and trash. as defined in this chapter. up to and within that immediate area of the owner's private property line where a dumpster. compactor and other garbage facility may be located and. at a minimum. within a radius often (10) feet surrounding the location of said dumpster. compactor and other garbage facility. regardless of whether such garbage. rubbish and trash mayor may not be included or secured with a dumpster. compactor and other garbage facility. Such immediate collection of garbage. rubbish and trash shall be incOl:porated by licensees as part of their regularly scheduled service pickups. (Code 1964, ~14A-16(c)) Sec. 90-229 Selection of franchise waste contractors. (a) Except as provided in section 90-232, the city shall license not more than five franchise waste contractors for residential and commercial waste collections and disposal as provided in section 90-97. Each applicant for a garbage and trash disposal license or renewal thereof shall submit, in writing, a list of its qualifications, The minimum qualifications to be considered in the granting of such license 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, including 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 or. in the alternative. the city commission may accept. in its sole discretion. 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 that he has a license, affiliated with as a parent, subsidiary, by virtue of an interlocking dicertorate or otherwise, an affiliated entity of any existing licensee or any applicant for a licensee under section 90-191 et seq. 6 (b) If more than one applicant for a franchise waste contractor's license qualify under the minimum qualifications of this divisions, license issuance shall be determined by the city commission based upon the greatest number of committed accounts. either within the city or. where the city commission has so accepted same in its discretion. from outside the city. (c) In lieu of accepting applications from new applicants as set forth above, the city commission may choose to issue new licenses to previous licensees. The decision shall be based on the criteria set forth in section 90-230. (Code 1964, SI4A-16(d)) Sec. 90-230. Renewal of contracts. After may 4, 1991, franchise waste contractors' franchise agreements within the city shall be valid for a period of seven years from the date of contract. At the expiration or earlier revocation of the franchise, the city commission may choose, in its sole discretion, to accept applications for new franchise waste contract licenses conditioned and limited as noted above or, in the alternative, to renew licenses previously issued for an additional seven five-year period. In deciding to issue new licenses and/or accepting applications from applicants for license, the city commission will consider the following factors: (1) The licensee's full and faithful compliance with all the terms of this chapter. (2) The licensees and/or applicants who best meet the qualifications established by this division for the issuance of the license, (3) The current garbage, trash and waste disposal n~eds of the city, including without limitation population, demographic and geographic needs and state and federal requirements. (Code 1964, SI4A-16(e)) SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 7 SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon adoption. PASSED and ADOPTED this 23rd day of September ,1998, MAYOR 1111! ATTEST: ~o f~~ CITY CLERK RJA\kw F:\A TIO\AGURIRESOS\SOLIDWST.AMD 1st reading 9/9/98 2nd reading 9/23/98 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~t1~ 8 ~ITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 :tp :\\ci. miami-beach. fl, us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. ~ -3i -9. ~ Mayor Neisen O. Kasdin and Members of the City Commission DATE: September 23, 1998 Sergio Rodriguez City Manager AN ORDIN NCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 90 ENTITLED, "SOLID WASTE;" REVISING FINE SCHEDULES FOR VIOLATIONS BY PRIVATE WASTE CONTRACTORS; REVISING REFERENCES TO THE CITY'S DESIGNATED STASH AREAS THROUGHOUT THE CHAPTER TO PROVIDE ONLY FOR THE BA YSHORE STASH AREA; REVISING REGULATIONS PERTAINING TO FRANCHISE WASTE CONTRACTORS, INCLUDING REGULATIONS PERT AINING TO SERVICING DUMPSTERS, COMP ACTORS, AND OTHER GARBAGE FACILITIES, SELECTION OF FRANCHISE WASTE CONTRACTORS, AND RENEWAL TERMS OF EXISTING FRANCHISE WASTE CONTRACT LICENSES; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND The pending expiration of the City of Miami Beach Solid Waste Franchise Agreements on October 18, 1998, has prompted the review of the Solid Waste Chapter 90 of the Miami Beach City Code. A series of amendments are proposed. Based upon meetings held with the current waste contractors, it is the Administration's recommendation to adopt the Ordinance and negotiate renewal of the franchise agreements with the current haulers. Amending the underlying Chapter of the City Code is a necessary precursor to approving the individual franchise agreements. On September 9, 1998, the City Commission approved the Ordinance on First Reading and scheduled the Public Hearing for Second and Final Reading on September 23, 1998. At the City Commissioner's direction, the Administration met on September 11, 1998 with the contractors, members of the Chamber of Commerce and a representative of the Taxpayers Association. The meeting was positive and productive. All issues regarding proposed amendments to the Solid Waste Chapter of the City Code were satisfactorily addressed. AGENDA ITEM R5~ q -~~-92 DATE The City Commission also agreed to a 60-day extension with the current haulers. if further evaluation was deemed appropriate. or if it was determined that the City should issue a Request for Proposal for Solid Waste contracts. The Administration has met with the franchisees and they do not want a 60-day extension. The contractors feel that they have agreed to all the proposed amendments of the Ordinance, and they have expressed a willingness to address all of the City's concerns. They are anxious to have their contracts renewed for the five-year period which more closely aligns with their equipment purchase/depreciation. The Administration believes that the revised Chapter as amended, will greatly increase the City's ability to keep alleyways and corridors of the commercial districts clean. and at the same time provide better maintenance and accountability of the City's Franchise Waste Haulers when the new agreements are approved. ANAL YSIS The Administration has proposed a series of amendments to the "Solid Waste" section of the Miami Beach City Code, Chapter 90. These amendments include: revising references to the City's designated stash areas throughout the Chapter and providing only for the Bayshore stash area, and other regulations designed to improve physical conditions of dumpsters, compactors and other garbage facilities within the City's commercial districts and the environs surrounding them; making the containers more aesthetically acceptable; and, making the franchisees more accountable, including an increase in fines. In addition, the commercial haulers have also agreed to financially contribute quarterly (based on a percentage of their gross) to a program developed specifically to address the removal of garbage, trash, debris, and bulky waste from the public right-of-way. The Administration has held a series of meetings with the five Commercial Solid Waste Franchisees. The five are: Browning Ferris Industries, Waste Management, Davis Sanitation, Lazaro, and Environmental Waste Systems. The purpose of these meetings has been to identify problems the haulers are having which inhibit delivery of better service, and also to express the City's dissatisfaction with conditions which currently exist. Those meetings have resulted in the proposed amendments to the City Code, and greater assistance and better communication with the Sanitation Department. The Administration believes that approval of this Ordinance will improve the delivery of service by the City's franchisees. CONCLUSION Approval of the Ordinance will update Chapter 90 of the City Code and enable the City to create better agreements with the commercial haulers, requiring them to be more responsible for the accounts they service, and the City at large. It is the Administration's recommendation to adopt the Ordinance and use this as the basis of renewing the franchise agreements with the City's current solid waste haulers. (Ii SR:RS:pw f: \cmgr\$all\commemo. 9 8\ waste2. com