Ordinance 84-2453 ORDINANCE NO. 84-2453
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 14A, ARTICLES I, III
AND IV OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA BY AMENDING SECTION 14A-1 TO MODIFY
THE DEFINITIONS OF CONSTRUCTION DUMPSTER AND
INDUSTRIAL WASTE AND ADDING DEFINITIONS FOR
INFECTIOUS OR CONTAMINATED WASTE AND LICENSEE;
AMENDING SECTION 14A-6 BY PROVIDING FOR A
LICENSE TO BE ISSUED TO GARBAGE AND TRASH
DISPOSAL CONTRACTORS; PROVIDING FOR THE
PAYMENT OF A REGULATORY LICENSE FEE BY THE
LICENSEE; PROVIDING FOR THE LICENSEE TO SUBMIT
FINANCIAL STATEMENT AND TO COMPLETE AN
APPLICATION FORM; PROVIDING FOR LICENSEES TO
OBTAIN INSURANCE; PROVIDING FOR ISSUANCE,
SUSPENSION AND REVOCATION OF A LICENSE BY THE
PUBLIC WORKS DIRECTOR WITH APPEAL THEREFROM
TO THE CITY MANAGER AND COMMISSION; PROVIDING
FOR PRIVATE COLLECTION OF CERTAIN RESIDENTIAL
AND COMMERCIAL REFUSE; PROVIDING A LIMITATION
ON THE NUMBER OF LICENSES WHICH MAY BE ISSUED
AND ESTABLISHING QUALIFICATIONS FOR THEIR
ISSUANCE; PROVIDING A FIVE YEAR TERM FOR THE
LICENSES ISSUED; AMENDING SECTION 14A-12 TO
DELETE CERTAIN CITY CHARGES AND WASTE PICKUP;
TO PROVIDE THAT THE CHARGES FOR CERTAIN
ACCOUNTS LISTED IN SECTION 14A-12 SHALL BE
ESTABLISHED BY CONTRACT; PROVIDING FOR A
REPEAL OF CONTRARY ORDINANCES; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach finds that, in order to
promote efficiency in the removal of residential and commercial
garbage within the City, it is necessary to limit the number of
licensed garbage and trash disposal contractors for the public
welfare; and
WHEREAS, a reduction in the number of licensed garbage
and trash disposal contractors will diminish congestion on the
City streets and facilitate more effective police regulation of
traffic in the interest of the public ' s safety; and
WHEREAS, a limitation on the number of licensed garbage
and trash disposal contractors will decrease the potential for
spillage of noxious and noisome materials and thereby protect the
public health and welfare; and
WHEREAS, a limitation on the number of licensed garbage
and trash disposal contractors will benefit the health, safety and
welfare of the citizens of Miami Beach and will further benefit
the community by reducing the expenditures required by the City to
operate this service; and
x Revised 12/31/84
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
WHEREAS, a limitation on the number of licensed garbage
and trash disposal contractors will benefit the health, safety and
welfare of the citizens of Miami Beach and will further benefit
the community by reducing the expenditures required by the City to
operate this service; and
WHEREAS, in determining the number of qualified garbage
and trash disposal contractors, the City of Miami Beach has
considered the demographics and geography of the City and the
administrative efficiencies of regulating the private business of
trash and waste disposal; and
WHEREAS, the imposition of license fees pursuant to the
City' s police power to regulate activities affecting the public
health, safety, and general welfare is reasonably necessary to
provide the City with an efficient, safe and sanitary system of
collection and disposal of garbage and trash and the necessary
funding to effectively regulate said industry; and
WHEREAS, by eliminating further City responsibility for
the collection and disposal of commercial and limited residential
uses, the City will further limit its expenditures for trash and
garbage pick-ups,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Section 14A-1 of the Code of the City of Miami
Beach is hereby amended to read as follows:
Sec. 14A-1. Definitions.
For the purposes of this chapter , the
following words and phrases shall have the
meanings respectively ascribed to them by this
section:
Apartment. A dwelling containing more than
two dwelling units and in which the majority
of dwelling units contain kitchen facilities.
The term "apartment" shall include apartment
houses, bungalow courts and all other
dwellings of similar character , but not to
include hotels.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
Bulky Waste. The words "bulky waste" shall
mean large items of household refuse, such as
appliances , furniture, accumulations from
major tree cut-backs, large crates and like
articles.
Commercial. An establishment dealing in
wholesale or retail trade or service and shall
include lodges, churches, schools and all
other places where garbage or trash may
accumulate, not specifically described herein.
Commercial refuse. All solid waste produced
by commercial establishments such as stores,
office buildings, markets, schools,
restaurants, bars, cafeterias, theaters,
hotels, motels, hospitals and other
institutional buildings.
Construction dumpster or roll off. Approved
open metal container without wheels, with
capacity up to forty cubic yards, used at
construction sites for the purpose of removing
construction debris, which includes rock,
metal and other materials which are heavy in
weight or substantial in size, used in
connection with a construction project.
Dumpster. An approved metal container on
wheels with a tight fitting solid top and a
minimum capacity of one cubic yard or two
hundred seventy five gallons.
Duplex. A detached building, divided
horizontally or vertically and designed for or
occupied by two single family housekeeping
units.
Garbage. Every refuse accumulation of animal,
fruit or vegetable 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. An approved container commonly
sold as a garbage can, of a capacity not less
than ten gallons and not to exceed thirty
gallons, and such can shall have two handles
upon the sides of the can, or a bail by which
it may be lifted, and shall have a tight-
fitting solid top.
Hotel. A building containing ten or more
dwelling units and in which the majority of
the dwelling units do not contain kitchen
facilities and is licensed as a hotel.
Industrial Waste. All waste and debris
generated by construction, land clearing,
excavating of structures, roads, streets,
sidewalks or parkways, including waste
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
collected for recycling, including, but not
limited to, oil, grease, petroleum.
Infectious or contaminated waste. Waste
•enerated b hos•itals laboratories HMO' s
and other healthcare providers , which waste is
of an infectious or contaminated nature and
includes discarded and/or used medical and
surgical equipment, containers for medication,
hospital supplies and other discarded or used
products or goods normally and routinely
utilized by healthcare providers.
Kitchen facility. A facility for preparing
food containing a sink with running water , a
stove and a refrigerator .
Licensee. Any person, which for purposes of
this chapter includes, without limitation, a
corporation, firm, partnership or other
incorporated or unincorporated entity engaged
in the business of : removing, transporting or
disposing of garbage, trash or waste from any
premises in the city and who is duly licensed
as provided for by this chapter ; provided,
however , that licensee shall not include any
person or entity engaged in the business of
removal of industrial waste, infectious or
contaminated waste, as those terms are defined
by this section. Persons who are involved in
the collection and removal of industrial waste
and infectious waste shall pay the
occupational license tax fees set forth in
Chapter 20 of the Miami Beach City Code, and
shall not be subject to the regulatory license
fee or to the limitation of licenses imposed
by this chapter , but shall be subject to the
remaining provisions of this chapter.
Occupant. Any person using or having actual
possession of any building, lot or business.
Operator or manager. Any person who has or is
in charge, care, control or use of any
building or lot.
Owner. Any person, firm, corporation or other
legal entity, who individually or jointly or
severally with others, holds the legal or
beneficial title to any building, facilities,
equipment or premises subject to the
provisions of this chapter. The term shall
include the owner ' s duly authorized agent, a
purchaser , devisee, fiduciary, property holder
or any other person, firm, corporation or
legal entity having a vested or contingent
interest, or in the case of a leased premise,
the legal holder of the lease, or his legal
representative. It is intended that this term
shall be construed as applicable to the
person, firm, corporation or legal entity
responsible for the construction, maintenance
and operation of the building, facilities or
premises involved.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
Person. Individuals, children, firms,
associations, joint ventures, partnerships,
corporations, estates, trusts, syndicates,
fiduciaries, individuals that sign the
municipal license application and all other
groups and combinations.
Residence (Single Family) . A detached
building designed for or occupied exclusively
by one family.
Residential refuse. All garbage and rubbish
originated in a dwelling or residence.
Restaurant. Every establishment maintained
and operated as a place where food is
regularly prepared, served or sold for
immediate consumption on or about the
premises, and every establishment preparing
food to be called for , delivered to or taken
out by customers, not otherwise provided for
herein.
Rooming house. A building containing less
than ten dwelling units and in which the
majority of the dwelling units do not contain
kitchen facilities and is licensed as a
rooming house or boardinghouse.
Rubbish or trash. 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
business places, 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
noncombustible refuse, as defined above.
Trash. Refuse accumulations of paper ,
excelsior , rags or wood 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
business places; and any bottles, cans or
other containers, which, due to their ability
to retain water may serve as breeding places
for mosquitoes or other waterbreeding insects;
"trash" shall not include "industrial wastes"
as defined above.
Trash container. Any container other than a
garbage can approved by the public works
department.
SECTION 2.
That Section 14A-6 of the Code of the City of Miami
Beach is hereby amended to read as follows:
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
See.- 14A-6 Lieense requ€cement; appre*aal by
publ}e wefks d€Teeter as prerequisite to
issuanee; list of aeeeunts and liability
€nsuranee required-
Ne persen shall engage in the business of
remeving er dispes}ng of garbage; trash; er
waste them any premises in the e4ty: er
transport garbage; trash er waste through the
streets Of alleys se publie ways of the e±ty;
w4theut first having seeured a 3}eense €er
sueh aet4v4ties them the publ€e werks direeter
after payment te the e4ty of a 4ieense fee as
required by the eeeupatienal l4eens4ng
erdinanee of the eity71 Isseanee of a l€eense
shall require eemplet€en of an appIieat€en
farm chewing the name{s} of the persen{s} te
be 44eensed; er in the ease of a eerperat4en
Or ether business entity; the names of the
prineipal partners; ewners; eff4eers and
d4reeters of the name{s} of the persen{s} whe
are to aetual3y manage and eperate the
bus€ness; tegether with the business and home
address of eaeh persen; the deser€pt4en ef the
equipment te be used in sueh remeval;
transpertat€en and disposal and a deser€pt4on
of the methed of d€spesal }nelud4ng the
leeatien of aii garbage disposal €ae4lit4es to
be used.- Equipment shall eens}st of trueks
with leak pree€ and enelesed bodies;
eempaeters and san€t}r€ng materials in eaeh
truer; ee*aered and leak pree€ garbage
dumpsters- Said appI€eat€en must be approved
by the direeter ef the publ€e wer#s department
of the a€ty prier te the 4ssuanee of the
}}eense- The appIieant shall also provide
ev€denee that the garbage d4spesal €ae4l4ty
deser€bed is l€eensed er approved by the
proper authorities of the eeunty Of
mun€e€paI€ty where sueh €aeiIity is leeated-
Ne l€eense under this seet4en shall substitute
the persennel named in its appI4eat€en; nor
the equipment er methede]egy €er remeyaI
transpertat4en er d€spesal ner the Ieeat€en of
disposal €aeil4t€es deser}bed €n its
appl€eat4en; w€theut first having reported
sueh ehanges to the d4reeter of publ4e works
and seeured his approval there€er; and in the
ease of ehanges in the leeat€en of d€spesal
€ae4l€t€es; sueh ehanges shall aIse be
appreeed by the proper auther4t4es of the
eeunty er mun4e4paI4ty where sueh d€spesal
€ae4l4ty is leeated- The I4eensed eentraeter
shall prey€de the pub34e works d±Teeter with a
eurrent list of the names and addresses of
eaeh aeeeunt; the €requeney ef sere±ee; and
the eapae4ty ef eaeh dumpster and eempaetor as
per aeeeunt- Sueh list shall be updated when
ehanges eeeur- The Ieeat€en of eaeh dumpster
and eempaeter shall be appreved by the publ€e
works d€Teeter and a permit will be issued fat
eaeh dumpster- Ne dumpster can be pIaeed er
servieed until sueh permit is issued- in ease
a dumpster : s delivered by a eentfaeter
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
wi€hes€ a permit; the eity has the right te
keep billing fat same until the permit is
issued- Bieensee shall return dumpsters to
sseh approved leeatien after servieing-
eempaeters shall net be installed without
permits €rem the building department and
engineering divisien ef the elty- Eaeh
dumpster must bear name of lieensee and must
be servieed and sanitized after eaeh serviee
at least twiee weekly.- Serviee piekups by
trseks are to be made €rem streets and
driveways and are hereby prohibited €rem
elimbing sidewalks.- Abandened dumpsters net
en serviee er dampsters leeated en publie
property will be removed by the eity at
ewneris expense; east will inelhde sterage
fee- Ne preperty ewner may share an aeeeent
with anether property ewner- Bieensee may net
park any garbage truek en publie or private
preperty within the eity when net being used
te serviee aeeeunts- eelleetien time shall be
between the hears of 7x39 A-M- and 6-88 PM-
enly- Bmpleyees shall earry Miami Beaeh
peliee identi€ieatien earls at all times.-
Werkers-'- eempensatien insuranee shall be
required as provided by seetien 29-187
Be€ere issuing any lieense hereunder; the
direeter of publie werks shall require the
applieant te file a eerti€ieate ef insuranee
providing autemebile liability injury peliey
with minimum limts for bedily injury ef one
hundred theesand dellars €er injury te ene
persen and three hundred theasand dellars far
ene aeeident; and €er property damage of
twenty-five theusand dollars far one aeeident
and fifty theusand dellars aggregate:-
The publie works direeter ef the eity ef Miami
Beaeh is aatherieed to suspend; revoke er
eaneel any sseh lieense for failure te eemply
with any of the eity erdinanees-
Sec. 14A-6. License requirement; monthly
regulatory license fee payments; approval by
public works director as prerequisite to
issuance; financial statements, list of
accounts; and insurance required.
(a) License required: No person shall engage
in the business of removing or disposing of
garbage, trash, or waste from any premises in
the City, or transport garbage, trash or waste
through the streets or alleys or public ways
of the City, without first having secured a
license for such activities from the public
works director after payment to the City of a
regulatory license fee of six (6%) percent of
licensee ' s total gross monthly receipts and a
license tax fee as required by the
occupational licensing ordinance of the City.
The term "gross receipts" is defined to mean
the entire amount of the fees collected by the
licensees, exclusive of taxes as provided by
law, whether wholly or partially in cash or on
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
credit, to persons and/or entities within the
city, for garbage, trash and waste removal and
disposal.
The licensee shall deliver to the finance
director a true and correct monthly statement
of gross receipts generated from accounts
within the city on or before the last day of
each month. Payments of said fee shall be
made monthly to the finance director , on or
before the last day of each month,
representing billings made sixty (60) days
prior thereto. The licensee shall on or
before thirty (30) days following the close of
each fiscal year deliver to the finance
director a statement of its annual gross
receipts generated from accounts within the
city prepared by an independent certified
public accountant reflecting gross receipts
within the city for the preceding fiscal
year . The licensees agree to allow the city
auditors at any reasonable time after
reasonable notice, , to audit, inspect and
examine the licensees ' fiscal books and
records and state and federal tax returns
insofar as they relate to City of Miami Beach
accounts , to confirm the licensees ' compliance
with this section. In the event the licensee
fails to pay the full six (6%) percent of the
licensee ' s total monthly gross receipts, the
licensees will pay any and all expenses of
collection, including, but not limited to,
court costs and reasonable attorney fees. In
the event the licensees fail to pay the full
six (6%) percent of the licensee ' s total
monthly gross receipts on or before the last
day of each month, interest shall accrue on
the monthly license fee at the highest lawful
rate of interest or , if no maximum rate is
prescibed by law, at eighteen (18%) percent
per annum.
In order to effectively provide for the
collection of said regulatory fee by the
licensees to the City, any person, which
includes , without limitation, a firm or
corporation seeking to renew its annual
occupational license pursuant to the
provisions of Chapter 20 of this Code and in
addition to the requirements contained
therein, shall provide to the finance director
evidence of payment of all outstanding waste
or garbage collection fees and charges as a
condition to reissuance or renewal of said
business license.
Issuance of a license shall require completion
of an application form showing the name (s) of
the person (s) to be licensed, or in the case
of a corporation or other business entity, the
name (s) of the person(s) 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 (s)
of the person (s) who are to actually manage
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
and operate the business, together with the
business and home address of each person; the
description of the equipment to be used in
such removal, transportation and disposal and
description of the method of disposal
including the location of all garbage disposal
facilities to be used. Equipment shall
consist of trucks with leak proof and enclosed
bodies; compactors and sanitizing materials in
each truck; covered and leak proof garbage
dumpsters. Said application must be approved
by the director of the public works department
of the city prior to the issuance of the
license. The applicant shall also provide
evidence that the garbage disposal facility
described is licensed or approved by the
proper authorities of the county or
municipality where such facility is located.
No license under this section shall substitute
the personnel named in its application, nor
the equipment or methodology for removal,
transportation or disposal nor the location of
disposal facilities described in its
application, without first having reported
such changes to the director of public works
and secured his approval therefor , and in the
case of changes in the location of disposal
facilities , such changes shall also be
approved by the proper authorities of the
county or municipality where such disposal
facility is located. The licensed contractor
shall provide the public works director with a
current list of the names and addresses of
each account, the frequency of service, and
the capacity of each dumpster and compactor as
per account. Such list shall be updated when
changes occur . The location of each dumpster
and compactor shall be approved by the public
works director and a permit will be issued for
each dumpster . No dumpster can be placed or
serviced until such permit is issued. In case
a dumpster is delivered by a contractor
without a permit, the city has the right to
keep billing for same until the permit is
issued. Licensees shall return dumpsters to
such approved location after servicing.
Compactors shall not be installed without
permits from the building department and the
public works engineering division of the city.
Each dumpster must bear name of licensee and
must be serviced and sanitized after each
service or at least twice weekly. Service
pickups by trucks are to be made from streets
and driveways but are hereby prohibited from
climbing sidewalks. Abandoned dumpsters not
on service or dumpsters located on public
property will be removed by the city at the
owner ' s expense, and the expense will include
any storage fee. No property owner may share
an account with another property owner .
Licensees may not park any garbage truck on
public or private property within the city
when not being used to service accounts.
Collection time shall be between the hours of
7 : 30 a.m. and 6 :00 p.m. only. Employees
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
shall carry Miami Beach police identification
cards at all times. Workers ' compensation
insurance shall be required pursuant to the
Worker ' s Compensation Law, Florida Statutes.
Before issuing any license hereunder , the
director of public works shall require the
applicant to file a certificate of insurance
providing for an automobile liability injury
policy with minimum limits for bodily injury
of one hundred thousand dollars for injury to
one person and three hundred thousand dollars
for one accident, and for property damage of
fifty thousand dollars for one accident and
one hundred thousand dollars aggregate. The
insurance coverage required by this section
shall be issued by insurance companies
authorized to do business in Florida and which
are rated A:X or better in A.M. Best ' s Key
Rating Guide, latest edition.
The public works director of the city of Miami
Beach is authorized to suspend, revoke or
cancel any such license for failure to comply
with any of the terms hereof. Any decision of
the public works director under the terms of
this section may be reviewed, upon written
request of the aggrieved licensee by the City
Manager with appeal therefrom to the City
Commission.
(b) Collection by city: All garbage, trash
or waste accumulated in the city shall be
collected, conveyed and disposed of by the
city except as set forth in subsection (c)
below.
(c) Collection by private collectors: All
garbage, trash, or waste accumulated in the
city by commercial establishments, industrial
uses, hotels , rooming houses or by owners,
occupants, or residents of multifamily
dwellings of nine (9) dwelling units or more
shall be collected, conveyed and disposed of
by licensed private collectors.
(d) After January 1, 1985 , the city of Miami
Beach shall license not more than five (5)
independent contractors for residential and
commercial refuse collection and disposal;
provided, however , that this restriction upon
the number of licenses shall not limit the
right to the renewal of any existing license
for a period not to exceed the expiration date
of the current license and, further , will not
impair existing written contracts between an
independent contractor and an owner which are
in full force and effect on the effective date
of this chapter as long as the independent
contractor possesses a valid city license on
the effective date hereof and said contract
does not exceed the effective date of the
license. Each applicant for a garbage and
trash disposal license or renewal thereof
shall submit, in writing, a list of its
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
qualifications. The miniumum qualifications to
be considered in the granting of such license
shall include:
1) Evidence of applicant 's satisfactory
service in Dade County for a minimum of
five (5) years just prior to the
application, including actual experience
in collections of bulk, containerized,
restaurant and hotel garbage or refuse;
2) Certification that application has
satisfied all requirements of Chapter 14A
of the Code of the City of Miami Beach,
including certification of proper and
adequate insurance coverage.
3) Certification that applicant has never
defaulted on any government contracts or
bid awards.
4) Evidence that applicant has the potential
of a significant amount of business
within the City of Miami Beach, comprised
of a minimum of fifty (50) committed
accounts.
5) Certification that applicant does not
have unsatisfied judgments not on appeal
against the applicant. Licenses will not
be issued to subsidiaries, affiliates or
parents or to companies with interlocking
directors or otherwise affiliated or
related companies or entities of an
existing licensee.
6) Certification that the applicant is not
and will not be throughout the term that
it has a license affiliated with as a
parent, subsidiary, by virtue of an
interlocking directorate or otherwise an
affiliated entity of any existing
licensee or any applicant for a licensee
under this chapter.
In the event that more than five (5)
applicants for license qualify under the
minimum qualifications hereof, then and in
that event, license issuance shall be
determined by the City Commission based upon
the greatest number of committed accounts
within the City of Miami Beach.
Said licenses shall be valid for a period of
five (5) years from the date of issuance and
at the expiration or earlier cancellation or
revocation thereof, the City Commission may
choose, in their sole discretion, to accept
applications for new licenses conditioned and
limited as noted above or , in the alternative,
renew the licenses previously issued for an
additional five (5) year period. In deciding
to issue new licenses and/or accepting
applications from applicants for licenses, the
city commission will consider the following
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
factors:
( i) The licensees ' full and faithful
compliance with all the terms of this
chapter ;
(ii) The licensees and/or applicants who best
meet the qualifications established by
this section for the issuance of the
license.
( iii) The current garbage, trash and waste
disposal needs of the city, including,
without limitation, population, demo-
graphic and geographic needs.
(e) Licenses granted pursuant to this section
shall not be transferable by way of
assignment, sale, pledge or other conveyance.
Upon change of ownership of any company to
whom license has been issued, a new license
will be granted by the public works director
if the new owner satisfies the requirements of
this chapter . The limitation on licenses
provided for in this section is to insure and
facilitate the collection of license fees, to
provide uniformity and quality of service from
the licensees hereunder , to minimize wear and
tear and traffic congestion and noxious and
noisome materials, odors and activities in and
around city streets, roads , avenues and other
public rights of way and to assure that the
citizens of Miami Beach have safe, efficient,
sanitary and qualified licensed garbage and
trash disposal contractors pursuant to the
provision of this chapter .
SECTION 3 .
That Section 14A-12 of the Code of the City of Miami Beach is
hereby amended as follows:
Section 14A-12. Schedule of fees for
collection and disposal of garbage and trash
A. Resident (single-family) $ 15. 54 per month
B. Duplex 15. 54 per month
per unit
C. Apartments with less than
nine dwelling units 9.72 per month
per dwelling unit
D. Hotels with less than 3.89 per month
nine dwelling units per room
E. Rooming house with less than 4. 65 per month
nine dwelling units per room
F- Eemmete}al
17 effleea and plaees net
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
engaged 4n sale ef geeds 7776 pet mesth
2- eemmete4al establ4shienhs
et any plaee engaged 4n
the sale ef geeds 38784 pee Tenth
3- Restautanhs; 4neled4ng
these 4n hetels et
ether. 15s41d4ngs 5-34 pee menth
get seat
The charges, rates and terms for hotels and
rooming houses with nine (9) dwelling units or
more and other commercial establishments not
provided for hereunder will be established and
agreed to by contract between the licensee and
the hotel, rooming house, office, restaurant
or other commercial establishment.
The director of public works, with the
approval of the city manager , shall have the
authority to adjust base fees upwards or
downwards, as the case may be, where, in
particular instances, the accumulation of
refuse exceeds or falls below that for which
the base fee is established.
SECTION 4 : REPEAL.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 5 : SEVERABILITY.
If any article, section, subsection, sentence, clause, phrase or
portion of this ordinance is, for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
SECTION 6 .
This ordinance shall take effect ten (10) days after adoption in
accordance with law on December 29 1984 .
PASSED and ADOPTED this 19th day of December
1984 .
,;)
MAYOR
ATTEST:
C ,/
CITY CLERK FORM ArTROVED
RESR/jhd 1st Reading - December 5, 1984
12104I 2nd Reading - December 19, 1984 LEGAL DEPT,
By
-13- /c
Date_
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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