97-3070 ORD
ORDINANCE NO. 97-3070
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH
CITY CODE CHAPTER 14A, ENTITLED "WASTE REMOVAL",
AMENDING PARAGRAPHS C.1. AND C.2. OF SUBSECTION 14A-17 TO
REPLACE THE $35.00 PER ACCOUNT PER SIXTY DAY ROLL OFF
PERMIT FEE WITH A ROLL OFF PERMIT FEE OF 12% OF LICENSEE'S
MONTHLY GROSS RECEIPTS; AND ADDING SUBSECTIONS 14A-17 C.3.
THROUGH 14A.17 C.7. TO ESTABLISH REPORTING, AUDITING AND
ENFORCEMENT MEASURES; PROVIDING FOR CODIFICATION AND
SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 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
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WHEREAS, the 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 City Commission finds it in the public interest to retain control over the
use of public rights of way to ensure against interference with the public convenience,. to promote
aesthetic considerations, and to protect the public investment in right of way property; and
WHEREAS, the City Commission finds that by replacing the current fee schedule wirh
a new fee schedule consistent with all other City solid waste and trash collection fee schedules
ensuring a fair and equitable standard for waste collection and disposal is the best means of
assuring that the above-described interests of the City are served.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF CHAPTER 14A ENTIn .ED "W ASTE REMOV AL"
That Subsection 14A-17.C. of the Miami Beach City Code Chapter 14A, entitled "Garbage"
is hereby amended to read as follows:
SECTION 14A-17. ROLL OFF WASTE CONTRACTORS; REQUIREMENTS.
***
C. Fees and Requirements - The permit fees and requirements shall be as follows:
1. When the Roll Off is to be located on the street, the permit fee shall be
$35.00 pcnu::eoont 12% of the Licensee's total monthly ~oss receipts for the month in which the
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permit was issued and eveIY month thereafter that the permit is v81id. The permit shall be valid
far sixty days from the a!tt'C the permit was issu.ed. Four barricades with flashing lights shall be
posted.
In addition, when the Roll Off is to be located in parking meter spaces, an
additional fee shall be $5.00 per meter, per day. The use of barricades is mandatory.
2. When the Roll Off is to be located inside private property lines, the permit
fee shall be $3S.00 per accetmt 12% oime L~ensee's total monthly ~ross receipt~ for the monch
in which the permit was issued and every month thereafter that the permit is valid. The permit
gnftil be valid for 60 days fram the date the Roll Off W 1l.3tc C6mractor obtained the permit.
1.. List of accounts - The Licensed Roll Off Waste Contractor shall provide the
City Mana~er and the Sanitation Director with a current list of the names ~nd addresses of each
account. upon initial application ~nd ~n application for renewal of its business license. tk
freQuencv of service. the permit number and c~aci1y of each Roll Off Container or Constnlction
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Dumpster as per account and the address serviced by each Roll Off Container or Construction
Dumpster. No property Owner may share an account with another proJ)erty owner. The licensed
Contractor shall Dority the City Manager in writing on a monthly basis of any changes in its list
of accounts.
4... Monthly rqxJrt - The Licensee shall deliver to the Finance Director and the
City Manager a true and correct monthly report of 2'ross receipts ~enerated durinil the previous
month from accounts within the CiTy on or before the last day of each month. This detailed
monthly report shaH include the customer names. service addresses. account numbers. and the
acroal amount collected from each customer. ~~ents of said fee shall be made monthly to the
Finance Director. on or before the last day of each month. for iToss receipts of the previous
month. The T -icensee shaH on or before thirty days following- the close of its fiscal year deliver
to the Finance Director SInd the CitY Manaier a statement of its annual gross recetpts generated
from account.. within the City certified by an independent certified public accountant reflecting
~ross receipts within the Ci~ for the preceding fiscal year.
i.. Audit or inspection of Licensee's books ;md records - The Licensee shall
allow the City auditors at aIij' reasonable time after reasonable notice. to audit. inspect and
examine the Licensee's fIscal books and records and state and federal tax returns. insofar as th~y
relate to City of Miami Beach account~. to confinn the Licensee's compliance with this section
This information shall include, but not be limited to the followini: billing rates. billing amounts
and accounts receivable. Additionally. the City's auditors ma,y communicate directly with
customers of the Licensee for the purpose of confirming compliance with this section.
.6.... Failure to nay vennit fee - In the event the Licensee fails to timely pay the
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full pennit fee as set forth in parawaphs Cl. and C.2. of this section. the Licensee shall pay ~
and all of the City's expenses for collection of Sllme~ including. but not limited to. court costs and
reasonable attorney fees. In the event the Licensee fails to pay the full permit fee on or before
the last day of each month. a late payment penaltY of $50.00 shall be Que. and interest shall accrue
on the amount due at the hi~est lawful rate of interest per annum
L Evidence of payment - In order to effectively provide for the collection of
said permit fee bv the Licensees to the CitY- any Person. which includes. without limitation. a
firm or corporation seeking to renew its annual business license pursuant to the provisions of
Chapter..20 of thi!\ Code and in addition to the requirements contained therein. shall provide to the
Finance Director and the CitY M3ml~er evidence of payment of all outstanding permit fees. fmes
and other charges as a condition to reissuance or renewal of said business license.
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 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. 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 portion of this Ordinance.
SECTION 1. REPEALER.
All ordinances or parts in conflict herewith be and the same are hereby repealed.
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SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after its adoption on the ~ day of
February
, 19-.1L.
PASSED and ADOPTED this 22nd day of January
,1921-.
Ro~<I-- f~~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR execunON
ATTEST:
1st reading 1/&/97
2nd reading 1/22/97
~(fJ~ V~'7
Ci Attorney
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
January 22, 1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
AN ORDINA E OF THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH
CITY CODE CHAPTER 14A, ENTITLED "WASTE REMOVAL",
AMENDING PARAGRAPHS c.,l. AND C.2. OF SUBSECTION 14A-17,
ENTITLED "ROLL OFF WASTE CONTRACTORS REQUIREMENTS", TO
REPLACE THE $35.00 PER ACCOUNT PER SIXTY DAY ROLL OFF
PERMIT FEE WITH A ROLL OFF PERMIT FEE OF 12% OF LICENSEE'S
MONTHLY GROSS RECEIPTS; AND ADDING SUBSECTIONS 14A-17,C.3.
THROUGH 14A-17 C.7. TO ESTABLISH REPORTING, AUDITING AND
ENFORCEMENT MEASURES; PROVIDING FOR CODIFICATION AND
SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
The administration recommends that the city commission adopt an ordinance on this second reading
amending Chapter 14A, Section 17, Paragraphs C.l. and C.2. of the Miami Beach City Code to 1)
replace the $35.00 per account for sixty-day roll off permit f(:e with a roll off permit fee of 12% of
the Licensee's monthly gross receipts; 2) add Sections 14A-17 C.3. through 14A-17 C.7.
establishing reporting, auditing and enforcement measures; providing for codification and
severability; repealing all ordinances in conflict therewith; and providing an effective date.
BACKGROUND
The City Commission approved on first reading on January 8, 1997. The City of Miami Beach
Sanitation Department's enforcement of the City Code requires permit renewal every sixty days.
Consistent enforcement requires visual on site, inspections noting the date of placement and
removal of each container. The current sixty-day permit process is difficult to monitor and enforce,
and is not consistent with the established revenue fee structure received by the City's "Franchise
Waste Contractors" (at the present time, the City's "Franchise Waste Contractors" pay the City 12%
of their monthly gross receipts).
DATE
f<\58
1- 22-!1 '1
AGENDA ITEM
Commission Memorandum
Page 2
January 22, 1997
ANALYSIS
The current fee schedule generates approximately $25,000 annually. It is estimated that the new fee
schedule will increase annual revenue to approximately $125,000. The ordinance also provides for
auditing and enforcement measures which is beneficial for the City's collection efforts. The
proposed amendment, if approved, will ensure a fair and equitable fee structure for all solid waste
and trash collection in the City by establishing one fee (12% of the monthly gross receipts) as a
general standard for waste collection and disposal. The City Administration has met with
representatives of the City's "Franchise Waste Contractors" and over twenty Independent Contractors
and it has been agreed that this change represents a fair and equitable amendment to the existing
ordinance.
CONCLUSION
This change in the fee structure for roll off waste contractors will improve permit fee accountability
and enfor ment of these fees while at the same time improving revenues.
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