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Ordinance 79-2157ORDINANCE NO. 79-2157 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14A OF THE CITY CODE BY CREATING A NEW SECTION DESIGNATED 14A-3.1; ESTABLISHING MINIMUM REQUIRED TEMPORARY GARBAGE STORAGE CAPACITY FOR VARIOUS TYPES OF PREMISES WITHIN THE CITY; ESTABLISHING METHODS OF PROVIDING SAID MINIMUM CAPACITY; PROVIDING PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Miami Beach, Florida, finds that there are many instances throughout the City where due to an inadequate number or inadequate size of garbage or trash containers, garbage and trash is being stored pending collection in no can or container or in inadequate cans and containers; and WHEREAS, the City Commission finds that said condition is unsafe and unsanitary and detrimental to the health, safety and welfare of the residents of the City of Miami Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That the City Code of the City of Miami Beach, Florida be and the same is hereby amended by creating a new section to be designated Section 14A-3.1 which shall immediately follow Section 14A-3 which shall read as follows: Section 14A-3.1 Minimum Capacity Requirements for Various Types and Uses of Occupancy. (a) It shall be the responsi- bility of the owner of every premise, structure or building in the City of Miami Beach to provide temporary garbage and trash storage through the use of garbage cans or garbage containers or trash containers until collection by City personnel or a licensed garbage or trash hauler. (b) Every owner shall provide sufficient temporary garbage or trash storage by providing cans or containers, complying with the provisions of this Chapter, having at least the capacities set forth below: Type of Use Minimum Capacity Dwelling Units Single -Family 25 gallons per 1000 square feet of floor area. Duplex and/or Multiple Family Hotels and Motels with cooking facilities without cooking facilities x XXXXyX 25 gallons per 1000 square feet of total footage of all units, exclud- ing common areas of building 25 gallons per 1000 square feet of total footage of all units, exclud- ing common areas of building 10 gallons per 1000 square feet of total footage of all units, exclud- ing common areas of building OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 4 In the event an owner uses containers the volume of which is measured in cubic feet or yards the foregoing require- ment shall be computed by assuming that one gallon equals .133 cubic feet. (c) The minimum capacity required above may be supplied by providing garbage cans or containers or trash cans or con- tainers of sufficient size and number as are required to hold the minimum capacity indicated above and providing for same to be emptied at least once a week or by providing cans or containers of lesser sizes or number provided that same are emptied on a regularly scheduled basis more frequently than once a week; and that the product of the capacity of the containers provided multiplied by the number of times per week the containers are emptied is equal to the minimum capacity requirements set forth in Sub -Section (b). Minimum capacity requirements may also be met through the use of a garbage or trash compacter in which event the minimum required capacity of the actual cans or containers provided shall be reduced in the same ratio as the compacter is capable of reducing the bulk of garbage or trash, as certified by its manufacturer. (d) Where the minimum capacity requirements of this Section are met through the use of collections on a basis more frequent than once a week or through the use of a trash or garbage compacting device the owner of the premises shall, if requested by the Sanitation Division Supervisor of the City of Miami Beach or by such other person as is charged by the City Manager with responsibility for enforcing this Section, provide proof of the frequency of trash and garbage collections, or in the case of a compacting device, the manufacturers'brochures or certifications indicating its capacities. In the event such proof is not provided when requested it shall be presumed that the capacity supplied is that of the containers provided and that said containers are emptied on a basis no more frequent than once a week. (e) Violators of this Section shall be subject to fine and penalty as provided under Section 14A-5.3 of the City Code and under Section 28 of the City Charter (Ordinance No. 78-2117, §1). SECTION 2: All Ordinances or parts of Ordinances in conflict be and the same are hereby repealed. SECTION 3: This Ordinance shall go into effect upon its passage in accordance with law. PASSED and ADOPTED this 16th day of May , 1979. Attest: //e1&64, City Clerk 1st Reading - May 2, 1979 2nd Reading - May 16, 1979 � The foregoing was prepared at the request of Commissioner Elayne Weisburd. ayor -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 U • ^ cd • $a 0 U M O r 4J ^ 1 ah a) in a) E cd rab-.1. a) y �, N O H 4J iJ 1-1 I U 7a •rl z ON "0 tea) 4° • o cd •H >, .0 H O ^ i✓ 0 lJ 4-1 1:4 Z d 00 C7 •H O (1) U 0 .--I c!) Y+ cd •H 0 • a) a.0 Z'b 0. 0 14 U• tJ • cd a) O 00 O Y+ cA • a) O 4r1 •rl cA bO 1J E cA d 3 rl • a) cn a) a cn or) r1 Cd 4-1 cd r� fl 0