Ordinance 91-2742 ORDINANCE NO. 91-2742
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING MIAMI BEACH CITY CODE CHAPTER 14A, ENTITLED
"GARBAGE" BY CHANGING THE TITLE TO "WASTE REMOVAL",
PROVIDING DEFINITIONS, REQUIRING THAT EACH PROPERTY HAVE
A GARBAGE COLLECTION SERVICE; REVISING REGULATIONS FOR
COLLECTION AND DISPOSAL OF WASTE BY THE CITY AND BY
PRIVATE WASTE COLLECTORS; REVISING REGULATIONS PERTAINING
TO LOCATION, TYPE, CAPACITY, AND SERVICING OF GARBAGE
FACILITIES AND DISPOSAL OF TRASH AND WASTE; CREATING A
SANITATION APPEALS BOARD TO HEAR APPEALS FROM
DETERMINATIONS BY ADMINISTRATIVE OFFICIALS REGARDING
LOCATION OF GARBAGE FACILITIES, AND GARBAGE STORAGE
FACILITIES; REQUIRING THE REMOVAL OF GARBAGE, TRASH AND
OTHER ITEMS BY PROPERTY OWNERS, OPERATORS AND OCCUPANTS;
ESTABLISHING REGULATIONS FOR THE DISPOSAL OF HAZARDOUS
AND BIOHAZARDOUS WASTE; PROVIDING FOR PUBLIC USE OF
REGULATED STASH AREAS, AND CITY COMMISSION APPROVAL OF
FEES FOR SUCH USE; EXEMPTING COLLECTION AND DISPOSAL OF
MATERIALS FOR RECYCLING PURSUANT TO INTERLOCAL AGREEMENT
FROM THE REQUIREMENTS OF CHAPTER 14.A; PROVIDING REVISED
REGULATIONS FOR THE LICENSING AND ACTIVITIES OF PRIVATE
WASTE COLLECTORS/CONTRACTORS; PROVIDING FOR FRANCHISE
FEES TO BE PAID TO THE CITY BY FRANCHISE WASTE
CONTRACTORS AND ESTABLISHING PROCEDURES FOR MONITORING
AND AUDITING OF SAME; REVISING REGULATIONS PERTAINING TO
THE LICENSING AND ACTIVITIES OF FRANCHISE WASTE
CONTRACTORS; ESTABLISHING PROCEDURES FOR THE SELECTION OF
RECYCLING CONTRACTORS; PROVIDING FOR REMOVAL, STORAGE AND
DISPOSAL OF UNAUTHORIZED GARBAGE FACILITIES FOUND ON
PUBLIC PROPERTY; REVISING FEES FOR CITY COLLECTION AND
DISPOSAL OF GARBAGE AND TRASH; REVISING PROCEDURES FOR
ENFORCEMENT; ESTABLISHING PENALTIES FOR VIOLATIONS;
PROVIDING FOR APPEALS OF FINES TO THE CITY MANAGER OR HIS
DESIGNEE; PROVIDING FOR 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
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 by waste
collectors 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 it in the public interest
to attract high-quality waste collectors and finds and that this
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can only be accomplished by protecting capital investments of said
collectors; and
WHEREAS, the 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 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.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 14A, entitled
"Garbage" is hereby amended in its entirety to read as follows:
CHAPTER 14A
GARBAGE WASTE REMOVAL
Article I. In General.
§ 14A-1. Legislative Intent.
§ 14A-2 . Definitions.
Article II. Accumulation and Removal of Garbage, Trash and
Solid Waste
§ 14A 2 . Location - . . . ' - -
or dumpsterst--garbage collee en se-ry-ice:
§ 14A-3 . Garbage collection services - mandatory.
& 14A-4 . Location of Garbage Facilities; Garbage
Storage Facilities.
§ 14A-5. Sanitation Appeals Board.
§ 14A 3 § 14A-6. Condition and inspection of contained
Garbage Facilities.
§ 14A 3 . 1 § 14A-7 . Minimum capacity requirements for various
types of uses and occupancies.
§ 14A 5 4 . § 14A-8 . Removal of Garbage, Trash and other items.
§ 14A 4 . § 14A-9 . Illegal disposal of garbage Waste.
§ 14A-10. Disposal of Biohazardous and Hazardous
Waste.
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§ 14A 5. § 14A-11. Removal of Industrial Wastes.
§ 14A 5. 1. Definitions.
§ 14A 5. 2 . § 14A-12 . Disposal of Garden Trash, Tree and Shrubbery
Trash, and Special Handling Garden Trash.
§ 14A 5. 3 . Penalties.
§ 14A-13 . Use of Regulated Stash Areas.
§ 14A-14 . Exemption for Recycling pursuant to
Interlocal Agreement.
Article III. Licenses, etc. , for Private Waste
Collectors/Contractors.
§ 14A G.
payments; approval by the City Manager or his
Designee as prerequisite to issuance; financial
ctatcmcntc, list of accounts, and insurance
required.
§ 14A-15. Licenses, permits, indemnification and insurance
required.
§14A-16. Franchise Waste Contractors; fees and other
requirements, procedures for license application.
§ 14A-17. Roll Off Waste Contractors; requirements.
§ 14A-18. Recycling Waste Contractors; requirements.
§ 14A-19 . Hazardous and/or Biohazardous Waste Contractors;
requirements.
§ 14A-20. Removal, storage and disposal of unauthorized
Garbage Facilities found on public property.
§ 14A-6. 1. § 14A-21. City Manager rules and regulations.
Article IV. Fees
§ 14A 7 . § 14A-22 . Fees for collection.
§ 14A 8. § 14A-23 . Liability for fees.— owed to the City.
§ 14A 8. 1. § 14A-24 . Single utility billing.
§ 14A 9 . § 14A-25. Occupation of premises deemed evidence that
Garbage or Trash is being produced.
§ 14A 10. § 14A-26. When fees payable.
§ 14A 11. § 14A-27 . Liens; penalty for delinquency in payment of
fees; payment of collection costs and
attorney fees.
§ 14A 12 . § 14A-28. Schedule of fees for collection and disposal
of Garbage and Trash.
§14A 12 . 1 Enforcement of chapter; right of entry of
supervisor of refuse division notice to
correct health hazard or nuisance.
§ 14A 12 . 2 Penalty for violation of section 14A 12 . 1
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§ 14A 12 . 3 . when owner fails to do so; costs of removal
constitute lien on property.
Article V. Penalties.
§ 14A-13 . Generally.
14A-29. Enforcement of chapter; notice of violation.
§ 14A-30. Removal of Solid Waste by City; penalties
for violations.
§ 14A-31. Appeal to City Manager or designee.
§ 14A 13 . 1. § 14A-32 . Fine schedule for violations issued and
applied to Owners, Agents, tenants,
Occupants, Operators, Managers, or Persons
responsible for the violation. .
§ 14A-33 . Fine schedule for violations of sections
14A-4 , 14A-5, 14A-6 and 14A-14 by Private
Waste Contractors.
Article I. In General.
Sec. 14A-1. Legislative Intent.
It is the purpose of the provisions contained herein 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 ecological
considerations and the public investment in right of way property_
are protected.
Sec. 14A-2 . Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
Agent or Registered Agent. A Person registered with the
City' s Code Enforcement Division and designated by the property
owner to administer and manage a property.
and in which the majority of dwelling units contain kitchen
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bungalow courts and all other dwellings of similar character, but
not to include hotels.
Apartment Building. A building with or without resident
supervision occupied or intended to be occupied by more than two
families living separately with separate cooking facilities in each
unit. (For purposes of this chapter, the definition shall include
a condominium or cooperative building. )
Apartment Unit. A room, or group of rooms, occupied or
intended to be occupied as separate living quarters by one or more
Persons or family containing independent cooking and sleeping
facilities. (This definition includes Condominium Unit and
Cooperative Unit but does not include Duplex. )
Biohazardous Waste. Any solid Waste or liquid Waste which may
present a threat of infection to humans. The term includes but is
not limited to, non-liquid human tissue and body parts; laboratory
and veterinary Waste which contain human-disease-causing agents;
used disposable sharps; human blood, and human blood products, any
body fluids; and other materials which represent a significant risk
of infection to persons outside of the generating facility.
Biohazardous Waste Contractor. A Private Waste Contractor who
collects and disposes of Biohazardous Waste.
Building Department Director. The City' s Building Official,
appointed by the City Manager to administer and enforce the South
Florida Building Code in the City of Miami Beach. (This definition
also includes the Building Official 's designees working under his
supervision) .
Bulky Waste. The words "Bulky Waste" shall mean Large
item(s) of household refuse, such as appliances, furniture,
accumulations from major tree cut-backs (exceeding 10 inches in
diameter and four feet in lengthL, large crates and like articles.
City. The City of Miami Beach, Florida.
City Manager. The City Manager of the City of Miami Beach,
Florida, or a designee appointed by the City Manager.
Commercial Establishment. An establishment dealing in an
exchange of goods or services for money or barter. wholesale or
specifically described herein For the purposes of this chapter the
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term shall include but shall not be limited to churches, synagogues
and schools when applicable.
Commercial Refuse. All Solid Waste produced by Commercial
Establishments. such as stores, office buildings, markets, schools,
restaurants, bars, cafeterias, theaters, hotels, motels, hospitals,
Condominium Unit. See Apartment Unit.
Construction Dumpstcr or Roll Off. Approved open metal
container without wheels with capacity of up to forty cubic yards,
connection with a
Cooperative Unit. See Apartment Unit.
Dumpster. An approved metal container on wheels A container
approved by the Waste industry with a tight solid fitting top and
a minimum capacity of one half cubic yard or two. one hundred
ccventy five gallons approved for use by the City Manager. For
purposes of this ordinance, compactor containers shall be
considered Dumpsters.
Duplex. A detached building, divided horizontally or
vertically and designed for or occupied by two single family
housekeeping units.
Dwelling. A building or portion thereof, designed or used
for residential occupancy.
Dwelling Unit. A room or group of rooms, occupied or intended
to be occupied as separate living quarters by one Person or family.
Franchise Waste Contractor. A Private Waste Contractor who
signs a franchise agreement with the City of Miami Beach for the
collection and disposal of Garbage and Waste therein, and who pays
a percentage of his, or its gross earnings to the City of Miami
Beach pursuant to this chapter.
Front Yard. An open area extending the full width of the lot
between the main building and the front lot line.
Garbage. Every refuse accumulation of animal, fruit, e
vegetable, or organic matter that attends the preparation, use,
cooking and dealing in, or storage of, meats, fish, fowl, fruit or
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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. An approved A container made of
galvanized metal, durable plastic or other suitable material
commonly sold a3 a garbage can, of a capacity not less than ten
gallons and not to exceed thirty gallons approved for use by the
City Manager for collection of Solid Waste awaiting pick up and
disposal. and. Such can container shall have two handles upon the
sides thereof, of the can or a bail by which it may be lifted, and
shall have a tight fitting solid top.
Garbage Facility. Includes Garbage Can or Container, Dumpster
and Trash Container.
Garbage Storage Facility. A Structure enclosed on bottom
and all sides(except the top which may be open or closed)
constructed of solid material and having sufficient capacity to
hold all Garbage Facilities required for a particular
establishment. A City permit shall be required for construction of
this storage facility and it shall be so constructed as to be
compatible in appearance with the building which it services.
Garden. A piece of ground used for the growing of fruits,
flowers, or vegetables; a well-cultivated region (e.g. a lawn) .
Garden Trash. 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. A Person whose business or occupation is the making
or tending Gardens.
Hazardous Waste. Solid Waste, or a combination of Solid
Wastes, 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. A Private Waste Contractor who
collects and disposes of Hazardous Waste.
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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 collected for
Recycling, and including, but not limited to, oil, grease and
petroleum.
Infectiou3 or contaminated waoto. Waste gcncratcd by
for medication, hospital supplies and other discarded or used
products or goods normally and routinely utilised by healthcare
providers.
Kitchen. Facility. A facility for preparing food containing
a sink with running water, a stove and a refrigerator.
Landscape Firm. 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. 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, a Waste
or Recyclable Materials from any premises in the City and who is
duly licensed as provided for by this chapter Provided, however,
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
imposed by this chapter, but shall be subject to the remaining
provisions of this chapter.
Manager. See Operator.
Multi Family Residence. A building occupied or intended to be
occupied by two or more families living separately with separate
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cooking facilities in each unit.
Occupant. Any Person using or having actual possession of any
building, lot, er busincsa premises, or part thereof.
Operator or Manager. Any Person who has control or use of or
is in charge of or has responsibility for the care, control or uoc
of any building, or lot, or premises or part thereof.
Owner. Any Person, firm, corporation or other legal entity,
who individually, er 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.
Parkway. That area between the edge of the street and the
adjacent property line, excluding that area occupied by the
sidewalk.
Person. Any individuals, children, firms, associations, joint
ventures, partnerships, limited partnership, corporations, joint
stock association, estates, trusts, syndicates, fiduciary or
business entity, whether singular or plural , public or private.
Private Waste Collector/Contractor. Any Person or firm
engaged in the business of collecting and disposing of Waste with-
in the City limits of Miami Beach who has a current occupational
license for conducting such activity issued by the City.
Recyclable Material. Those materials which are capable of
being recycled and which would otherwise be processed or disposed
of as Waste.
Recycling. Any process by which materials which would
otherwise become solid Waste, are collected, separated, or
processed to be reused or returned to use in the form of raw
materials or products.
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Recycling Container. - a container approved by the City
Manager for use for collection of Recyclable Material by a City-
licensed contractor.
Recycling Contractor. A Contractor licensed by the City to
collect Recyclable Materials and transport them to a State or
County - licensed Recycling facility for processing which will
return them to use in the form of raw materials or products.
Regulated Stash Area. A disposal site maintained or
franchised by the City where Trash may be deposited.
Residential Refuse. All Garbage and Rubbish originated in a
Dwelling or Residence.
Restaurant. Every 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, and every
or a Commercial Establishment preparing where prepared food to be
is called for, delivered to or taken out by customers, not
otherwise provided for herein.
Roll Off. A container with a minimum capacity of ten (10)
cubic yards designed to be transported by a motorized vehicle.
Roll Off Compaction Container. A Roll Off designed to hold or
receive compacted Trash or Garbage.
Roll Off Container. An open metal container approved for use
by the City Manager, with a minimum capacity of ten (10) cubic
yards, used for the purpose of removing construction debris, which
includes rock, metal and other materials used in connection with a
construction project or for the removal of large quantities of
Trash and Bulky Waste.
Roll Off Contractor. A Private Waste Contractor licensed
by the City of Miami Beach who uses Roll Off containers for the
collection and disposal of construction debris and large quantities
of Bulky Waste but not Garbage or Commercial Refuse.
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 which is licensed as a rooming house
or boarding house.
Rubbish or Trash. Refuse accumulations of paper, excelsior,
rags, wooden or paper boxes or containers, sweepings and all other
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accumulations of a nature other than Garbage, which are usual to
housekeeping and to the operation of stores, offices, and other
business places; alit& 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; Trash shall not
include - - - = . - - . - , Industrial Waste as defined above.
Sanitation Department. The city derart.Ment responsible for
under the sole authority of this department.
Side Yard. An open area between a building and the
adjacent side of the lot, and extending from the Front Yard to the
rear yard thereof.
Single Family Residence. A detached building designed for or
occupied exclusively by one family.
Single Family Waste Contractor. A Private Waste Contractor
who has contracted with the City to provide Waste collection and
disposal service to Single Family Residences.
Special Handling Garden Trash. Accumulation of tree branches,
tree limbs, parts of trees, bushes and shrubbery which are over ten
inches in diameter and which do not exceed four feet in length, and
which are too large to be containerized or bundled and tied.
Special Handling Wastes. Wastes which can require special
handling and management, including, but not limited to, white
goods, furniture, mattresses and other bulky items of household
Trash, oils, whole tires, lead-acid batteries, Hazardous and
Biohazardous Wastes but excluding Special Handling Garden Trash.
Structure. Anything constructed or erected so that its use
requires permanent location on the ground.
Substantial Rehabilitation. Rehabilitation, the cost of
which exceeds 50% of the replacement value of the building,
structure or improvement, as determined by the Dade County Property_
Appraiser' s Office.
Townhouse. A single family Dwelling Unit attached to a
grouping of same on one building site with each having separate
ingress and egress facilities.
Trash. Refuse accumulation of paper, excelsior, rags or wood
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or paper boxes or containers, sweeping and all other accumulation
- - _ - -- _ - , whieli are usual to housekeeping and
retain water may serve as breeding places for mosquitoes or other
waterbreeding insects; "trash" shall not include "industrial
wastes" as defined above. See Rubbish.
Trash Container. Any container, used for temporary storage of
Trash approved by the City Manager, public works Department other
than a Garbage Can. (Ord. No. 1621, Sec. 1; Ord. No. 82-2332 , Sec.
1; Ord. No. 84-2453 , Sec. 1. )
Tree and Shrubbery Trash. Accumulation of tree branches,
tree limbs, parts of trees, bushes and shrubbery which are up to
three inches in diameter and do not exceed four feet in length, too
large to be containerized and requiring bundling and tying. (Ord.
No. 78-2117, Sec. l. )
Waste/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, semi-solid, or
contained gaseous material resulting from domestic, industrial,
commercial, mining or agricultural operations.
White Goods. Discarded refrigerators, ranges, water heaters,
freezers, and other similar domestic and commercial large
appliances.
ARTICLE II. Accumulation and removal of Garbage, Trash and
Wastes.
Sec. 14A-3. Garbage collection services - mandatory.
A. Each occupied Dwelling or Commercial Establishment in the
City of Miami Beach is required to have a Garbage collection
service, City or private, and Garbage Facilities approved by the
City Manager.
B. Collection by City. Except as provided elsewhere herein,
all Garbage, Trash or Waste generated by Single Family Residences
and Multifamily Residences of eight (8) units or less shall be
collected, conveyed and disposed of by the City. Such service
shall be accomplished by use of City employees, by use of the
services of Single Family Waste Contractors or by a combination of
both methods.
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C. Collection by private collectors. All Garbage, Trash,
or Waste accumulated in the City by Commercial Establishments,
industrial uses, Hotels, Rooming Houses and by Owners, Occupants,
or residents of Multi-family Residences of nine Dwelling Units or
more shall be collected, conveyed and disposed of by Franchise
Waste Contractors licensed pursuant to section 14A-16 of this
chapter. Owners and Operators of Multifamily Residences of eight
Dwellings Units or less may alternatively elect to use a Franchise
Waste Contractor instead of collection by the City; such Owners or
Operators shall notify the City Manager in writing of said
election.
Sec. 1-4-A-2-6- 14A-4. Location of Garbage Facilities; and Garbage
Storage Facilities. Cans, Trash Containers,
or Carbagc oollection service.
All Garbage Cans, or Containers, Trash Containers, or
Dumpsters shall be kept together in or within a walled or enclosed
area on private property or at a location approved by the public
works City Manager of the City of Miami Beach. Such area shall not
extend into any required Front Yard setback; on corner lots it
shall not extend into any Side Yard setback facing a street. Such
area shall be accessible to both City and Private Waste Garbage
Collectors.
cxcccding twelve units shall provide a - - -- = - = - = =public works department as to location, size, and other criteria
deemed necessary. All existing buildings constructing additions or
public works department as to location, size and other criteria
deemed necessary. 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
Can, Trash Container or Dumpster in an area which requires the
Garbage collector to use stairs or ascend or descend split
elevations in order to collect Garbage is deemed to be a health
hazard and subject to penalty pursuant to sections 14A-30, 14A-32
and 14A-33 of this chapter.
It shall be the responsibility of the property Owner,
Operator, Agent, lessee, Manager or such property Owner, and er
Private Garbage Waste Contractor to ensure the return of such
Cans, Containers or Dumpsters to the approved location after
collection.
At no time shall such Cans, Containers or Dumpsters be kept
upon any public property, street, alley or sidewalk or other public
land or any property not in the ownership or tenancy of the Persons
by whom the Garbage is accumulated. Except that containers
provided for pick up of Recyclable Material pursuant to the
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Interlocal Agreement For Inclusion In County Curbside Recycling
Program may be placed upon City-owned Parkways located in front of
said properties between the hours of 12 : 01 a.m. and 11: 59 a.m. on
designated pick up days.
The public works of Department shall require a permit for each
garbage facility located in the City of Miami Beach which is
serviced by a private-Contractor The permit will be issued by the
engineering division after the compliance e€ requirements and
clearance of billing _ of Department,
In hardship cases, the city public works director shall have
a period of no longer than one year.
Each individual property owner shall be required to have a
After the effective date of this Ordinance all new commercial
buildings, and all new Multi-family Residences exceeding eight
units shall provide a Garbage Storage Facility approved by the
Planning and Zoning, Public Works, and/or Building Department as to
location, size, and other criteria deemed necessary by law or
ordinance.
All buildings which 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 Planning and Zoning, Public Works
Department, and/or Building Department as to location, size and
other criteria as required by law or City ordinance.
All new Restaurants and all Restaurants which are undergoing
Substantial Rehabilitation, or construction of an addition or
additions, shall have air conditioned Garbage Rooms approved by the
Planning and Zoning, Public Works Department, and/or Building
Department as to location, size and other criteria as required by
law or City ordinance.
SEC. 14A-5. Sanitation Appeals Board.
All appeals of determinations of administrative officials made
pursuant to this chapter and dealing with the location of Garbage
Facilities or Garbage Storage Facilities shall be to a three (3)
member board consisting of the directors of three City departments
whose members shall be designated by the City Manager. The members
shall serve for two (2) year terms.
Any decision of the Sanitation Appeals Board made pursuant to
this section may be appealed, upon written request by the appellant
or by the subject administrative official, to the City Manager.
Appeals from the decision of the City Manager shall be to a court
of competent jurisdiction.
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Cce 14A-3. Sec. 14A-6. Condition and inspection of Garbage
Facilities containcr3.
All Garbage Cans and Trash Containers shall be maintained in
good condition and repair. All such receptacles shall be provided
with a cover sufficiently tight to prevent 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
leak-proof watertight. All Garbage Cans and Trash Containers shall
be subject to inspection and approval or condemnation by inspectors
appointed by the City Manager, of the public works Department of
the City, and an appeal from such condemnation shall be possible
cxccpt to the City Manager • ' - - = = - - = . . Dcpartmcnt
of the City or his appointed designee. Collection service may be
stopped, where containers have been condemned as unfit, until
proper containers arc provided.
Bce. 14A-3. 1 Sec. 14A-7 . Minimum capacity requirements for various
types of uses and occupancy ies.
(a) A. It shall be the responsibility of the Owner, Agent,
Manager, or Operator of every premises, Structure, or building in
the City of Miami Beach to provide sufficient temporary Garbage and
Trash storage through the use of approved Cans, Containers or
Dumpsters.
(b) B. The Garbage Containers per site shall not be limited
provided each individual property has its own approved number of
Garbage containers and provided that all Garbage is the Containers
are picked up a minimum of twice a week. The public works
Department City Manager has the authority and power to approve the
capacity of the Containers and the frequency of collection services
for each individual property pursuant to the guidelines as set
forth below.
C. The City of Miami Beach divides and classifies Waste and
its handling requirements as follows:
(1) Residential Refuse. All the Garbage, Rubbish or
Trash, or Waste generated in any existing Dwelling used for single
family Residence, Duplex, Townhouse, Apartment, Condominium or
multi-family building. The Director City Manager of the public
works Department or the sanitation division supervisor will
determine the square footage of the dwelling, number of rooms,
and/or density of residents, when approving the necessary capacity
of Containers and frequency of collection service based on a
- - - . -- - thousand square fust and twin
collections per week the standard of two 30 gallon Cans or
Containers per family in a Residence, Duplex, or Townhouse and one
30 gallon Can or Container oer Apartment, Condominium Unit, or
Cooperative Unit.
15
In the event an owner 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 . 133 cubic feet.
(2) Commercial Refuse. All Solid Waste generated by
businesses such as stores, Restaurants, bars, Hotels, motels,
markets, schools, churches, hospitals and other institutional
buildings. Minimum requirements for capacity of Cans or Containers
and frequency of collection are as follows:
stores, office buildings, churches, and schools
thousand square foot area and minimum twice weekly collection
service.
b: a. Restaurants, stores, office buildings,
churches, schools, cafeterias, bars, markets, Hotels, and motels
will have container capacities and frequency of service as approved
by the director of the public works City Manager or his designee on
an individual basis.
measured in cubic feet or yards, the foregoing requirements shall
be computed by assuming that one gallon equals . 133 cubic feet.
b. The minimum capacity required above may be
supplied by providing Garbage Cans or Containers or Trash cans, or
Containers or Dumpsters of sufficient size and number as are
required to hold the minimum capacity indicated above and providing
for all such facilities containing Garbage same to be emptied at
least twice a week or by providing Cans or Containers of lesser
sizes or number provided the same are emptied on a regular
scheduled basis more frequently than twice 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 subsection (b) B.
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
in the same ratio as the compactor is capable of reducing the bulk
of garbage or trash, as 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 Trash or Garbage
compacting device, the Owner of the premises shall, if requested by
the Sanitation division supervisor of the City Manager or by such
other Person as is charged by the public works Director 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
certification indicating its capacities. In the event such proof
16
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.
d. Installation of compactors is subject to
permit and approval of the public Works Director City Manager and
the Building Department Director.
(3) Industrial Waste. All waste and debris generated by
construction, land claims, excavating of structures, roads,
streets, sidewalks or parkway, including waste collected for
Recycling, such as, but not limited to oils, greases, and papers.
Any such waste and debris which, if because of volume or nature do
not lend themselves to collection and incineration, shall be
removed through special handling and shall be the responsibility of
Persons who generate same.
(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
whomever services the account generates same.
Sec. 14A-5.4. Sec. 14A-8. Removal of Garbage, Trash and other
items.
All Owners, and in the case of single family Residences or
Duplexes, all Owners and Occupants shall be required to remove from
their property, and the area adjacent to such property between the
property line and the paved portion of the right of way of any
street or alley, any and all Garbage, Trash and other debris or
discarded matter within twenty-four hours of the time same is
placed in said areas. Provided, however, that this section shall
not be deemed to apply to any Garbage, Trash and other items
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. It is prohibited for an Owner, Operator, or Agent
of a Commercial Establishment to transport any type of Garbage,
Trash or Waste off of the premises on which it was generated.
Violators of this section shall be subject to fine and penalty as
provided under sections 14A-30, 14A-32 and 14A-33 of this chapter.
5cc 14 -' Sec. 14A-9. Illegal disposal of garbage Waste.
Except as provided elsewhere in this chapter, it shall be
unlawful, and subject to the penalties provided in this chapter, to
deposit Garbage, Trash or any kind of Waste upon any vacant,
occupied or unoccupied premises within the City or upon any street,
alley, Parkway or park, or in any canal, waterway, bay, ocean, pool
or lake, within the City.
17
6cc. 14A-4. 1. Sec. 14A-10. 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, Containers or Dumpsters for routine collection. Substances
in this class shall be segregated and disposed of as provided by
State and federal law and in accordance with the procedures set
forth in Florida Administrative Code Chapter 17-7, as amended from
time to time, which prohibits the deposit of this type of Waste in
a sanitary landfill.
Cco. 14A-5. Sec. 14A-11. Removal of Industrial Wastes.
Removal of Industrial Wastes, as defined herein, must be
removed by is the responsibility of the Owner, Occupant, Operator
or construction Contractor performing such work or other person
creating or causing the accumulation of such materials as the case
may be. Such removal must be done by a City of Miami Beach-
licensed Private Waste Contractor. Spent oils or greases
accumulated at garages, filling stations or similar establishments
will not be removed by the City.
BEC. 14A 5. 1 DEFINITIONS.
For the purposes of section 14A 5. 2 and 14A 5. 3, the following
them by this section:
Coded dumping coupons. Nontransferable, coded, numbered
- - - e - -
coupon shall be given to the proper authority at the city stash
arca each time the decal holder dumps garden trash.
Dumping permit decal . A nontransferable, numbered decal,
to holders of specific occupational licenses (gardeners, landscape
city stash arca.
Carden trash. 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.
Regulated stash arca. A disposal site maintained by the city
Special handling trash. Accumulation of tree branches, tree
to be containerized or bundled and tied, and including furniture,
refrigerators, stoves, mattresses and other ' bulky items of
18
he u 9 c h L..
V ate,�-
inche3 in diameter and do n- - - _ - - - _
tbe-eent•a ' - - • - - - ' -g-idling and tying. Boo. 34A-
Dee-. 14A-5.-2 Sec. 14A-12. Disposal of Garden Trash, Tree and
Shrubbery Trash, and Special
Handling Garden Trash.
All property Owners or Occupants serviced by the City shall
have two options for disposal of their Garden Trash and Tree and
Shrubbery Trash. Owners or Occupants of property may either
containerize Garden Trash or bundle Tree and Shrubbery Trash for
City collection or the Owner or Occupants may transport same
material to Regulated Stash Areas and deposit it there at their own
expense.
Material which is containerized or bundled shall be placed at
curbside no sooner than the evening prior to the scheduled
collection day.
(a) A. City pickup procedures for Garden Trash, er
Tree and or Shrubbery Trash:
(1) Garden Trash as defined herein in section 14A-2 .
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 fifty pounds, which are to be placed
curbside for the City to pick up on regular collection day.
(2) Tree and Shrubbery Trash as defined herein in
section 14A-2 shall be tied in bundles with material strong enough
to support weight of bundle, such bundle not to exceed fifty pounds
and to be left at the curb for the City to pick up on regular
collection day.
B. City pickup procedures for Special Handling
Garden Trash:
Special Handling Garden Trash as defined he =-n in section
14A-2 will be collected by the City Manager' s designee Sanitation
Department only from City-serviced Garbage accounts scheduled on a
date which is mutually agreed--date with agreeable to the City and
the account_ ani--in accordance with paragraph (c) (4) below.
C. All City pick-up of Garden, Tree or Shrubbery Trash
is subject to a fee to be set by the City Manager and approved by_
the City Commission.
Soo. 14A-5. 1 Sec. 14A-13. Use of Regulated Stash Areas Use-of
Regulated—B-teoh Areaa by property
Owners,-- ooeupanta, and---their
Landscape F#rms, or licensed
Gardeners.-
19
X41 •
1
The City has established 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 garbage, Trash or Waste as permitted
by the operators.
(1) A. Rcgulatcd Stash Areas arc restricted to use for Trash
generated within the City limits by property Owners or Occupants
and their Landscape Firms or their licensed Gardeners doing
dumping permit.
In addition, all Persons engaged in the professions of Cardener,
landscaper, or related field shall be required to obtain a City
decal and to present city coupons to the stash guard in order to
dispose of Trash.
(2) B. e. - - = . - . - =and shrubbery trash in city regulated stash areas is prohibited.
Dumping of any or all garden trash generated outside the city
limits is prohibited.
(3) C. Loitering, salvaging, vandalism, and unauthorized trash
dumping by any Person at Regulated Stash Areas is prohibited.
(4) D. Special Handling Trash is prohibited from being dumped at
Regulated Stash Areas. Special Handling Trash generated by
property Owners or Occupants will be scheduled for pickup by the
Sanitation Department. Special Handling Trash generated by
Landscape Firms shall be disposed of by such firm at a suitable
(5) Any single commercial dumping of garden trash and
tree and shrubbery trash in excess of five cubic yards is
prohibited.
(6) A regulated stas - - . = . - - •
required by any gardcncr or landscape firm utilizing regulated
the city's sanitation department. Decal permits will be issued
free of charge on a yearly basis. The decal permits shall be
conspicuously affixed to all vehicles used by landscape firms
liccnscd in transporting trimmings and cuttings to rcgulatcd stash
areas. Vehicles without current permits (decal) arc prohibited
from the use of city rcgulatcd stash areas. The sanitation
department of the City of Miami Beach will issue free dumping
coupons to each licensed gardcncr based on the number of accounts
and frequency of service calculated on a monthly basis Each decal
permit application shall require the following information:
a. name of owner, addres.. and phone number
b. City of Miami Beach occupational license (copy)
- - - = - - - - - . __ _ - .
d. Make, model and color of vehicle '
20
name of liccnscc
f. Copy of liability insurance
of monthly service
issued for each license and shall be affixed by Sanitation
department to the front windshield of the vchtol^. *Tumberedia
coded coupons will be issued and provided to cover all the
calculated dumping for a period of six months, after that another
- -stash arca guard who will log it with the daily dumping report. No
dumping of garden trash will be permitted without the permit decal
and dumping coupon.
the city at either a regulated stash arca or at a disposal site
trash generated. (Ord. No. 78 2117, Ccc. 1; Ord. No. 87 2577 , Scc.
3—}
(8) The City of Miami Beach reserves the right to refuse
the dumping of certain materials if they require special handling
or arc hazardous in nature. Cuch materials shall include but not
be limited to the following:
a. Construction material:
b. Appliances, furniture, mattresses, box springs
c. Used and worn tires
d. Old chain link fences, gates, etc.
c. Discarded machinery
Sec. 14A-14. Exemption for Recycling pursuant to Interlocal
Agreement.
Notwithstanding any other provision of this chapter,
collection and disposal of materials for Recycling pursuant to
interlocal agreements which the City has entered into or may enter
into in the future including but not limited to the Interlocal
Agreement for Inclusion in County Curbside Recycling Program,
between the City of Miami Beach and Metropolitan Dade County, shall
be exempt from the requirements of this chapter and shall be
governed by said interlocal agreements as they may be modified from
time to time.
Seo. 14A-5.3. Penalties.
The existence of Trash, as defined in Section 14A 5. 1 shall be
21
the Occupant of thc Residence or the Owner of the property, if the
same be vacant. The Director of the Sanitation Department is
Occupant Owner requiring removal of such Trash or compliance with
the provisions of section 14A 5. 2 and 14A 5. 3 and within twenty
four hours following service of such citation. If such Trash is
not removed within twenty four hours, the City shall remove the
property Owner. and In the event of failure to pay such charge
the county in thc manner and with the effect provided for in
section 14A 11 of this chapter. Violators of sections 14A 5. 2 a4
14A 5. 3 14A-11 and 14A-13 shall also be subject to fine and penalty
as provided under section 28 of the City Charter 1. 8 of the City
Code.
CEC. 14A-14 Removal of Carbagc, Trash and other items
All owners, and in the case of single family residences or
their property, and the area adjacent to such property between the
property line and the paved portion or the right of way of any
street or alley, any and all garbage, trash and other debris or
dis arded matter within twenty four hours of the time same is
placed in said areas. Provided, however, that this section shall
not be deemed to apply to any garbage, trash and other items
this chapter, or the temporary storage pending collection, of
discarded furniture, appliances- or bedding for a period of less
than one week. 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.
ARTICLE III. Licenses, etc. , for Private garbage and trash
Waste Collectors/Contractors.
See. 14A-6. _ -
paymcnts; approval by public works Director as
prerequisite to issuanoc; financial statements,
(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
22
- - - - - = - - - = - - - =ational licensing
ordinance of the city.l 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
_ _ . - _ _ - - - - - - - -
correct monthly statement of gross recti= = - - - - - - - _
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
days prior thereto. The licensee shall on or before thirty 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 ycr. The :licensees agree to allow the city
auditors at any reasonable time after - -
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
percent of the licensee's total monthly gross receipts, the
licensee will pay any and all expenses of collection, including,
but not limited to, court costs and reasonable attorney fees. In
the event the licensee fails to pay the full six percent of the
the highest lawful rate of interest or, if no maximum rate is
prescribed by law, at eighteen-p_
In order to effectively = _ - _ - - - - _ -
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 rcissuancc or renewal of said business
2Z�GT�o
Issuance of a license shall require completion of an
application form showing the name(s) of the persons) to be
the namc(s) of the pers.: -
corporation
ers=corporation or other business entity, the names of the principal
1 £cc Ch. 20 of this Codc.
23
* - -
Z. - - , _ - - , _
description of the equipment to be used in such removal,
transportation and disposal and description of the method of
cection shall substitutc the personnel named in its application,
nor the equipment or methodology for removal, transportation or
application, without first having reported such changes to the
licensed Co- - - _ _ - - _ . _ - - - _ - -
current list of the names and addresses of each account, the
frequency of service, and the capacity of each dumpstcr and
compactor as per account. Such list shall be updated when changes
occur. The location of each dumpstcr and compactor shall be
for each dumpstcr. No dumpster can be placed or serviced until such
permit is issued. In case a dumpstcr is delivered by a Contractor
without a permit, the city has the right to keep billing for same
until the permit is i. cued. Liccnsccs 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 dumpstcr must
bear name of licensee and must be serviced and sanitized after each
located on public property will be removed by the city at the
property owner may share an account with another property owner.
Licensees may not park any garbage truck on public or private
Collection time shall be between the hours of 7 : 30 A.M. and 6:00
P.M. only. Employees shall arry Miami Beach police identification
24
required pursuant to the Worker's Compcnsation Law, Florida
Btatutcs.
coverage rcquircd by this section shall be issued by insurance
A:X or better in A.M. Best's Kcy Rating Cuidc, latest edition.
public works director under the terms of this section may be
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
industrial uses, hotels, rooming houses or by owners, occupants, or
shall be collected, conveyed and disposed of by licensed private
collectors.
(d) After January 1, 1985, the City of Miami Beach shall
that this restriction upon the -number of licenses shall not limit
- - - - - - . - - , - - ,
will not impair existing written contracts between an independent
Contractor and an owner which arc in full force and effect on the
Contractor possesses a valid city license on the effective date
renewal thereof shall submit, in writing, a list of ita
granting of such license shall include:
. _ _ 's satisfactory service in Dade
restaurant and hotel garbage or refuse;
(2) Certifi ation that appli ant has satisfied all
25
any government contracts or bid awards.
(4) Evidence that applicant has the potential of a
comprised of a minimum of fifty committed accounts.
(5) Certification that applicant does not have
unsatisfied judgments not on a= = - . . _ . . -
will not be issued to subsidiaries, affiliates or parents or to
otherwise an affiliated entity of any existing licensee or any
applicant for a licensee under this chapter.
In the event that more than five applicants for license
qualify under the minimum qualifications hereof, then and in that
based upon the greatest number of committed accounts within the
City of Miami Beach.
or revocation thereof, the city commission may choose, in its sole
- - _ - - - - = . _ = ications for new licenses conditioned and
previously issued for an additional five year period. In deciding
for licenses, the city commission will consider the following
factors:
terms of this chapter;
b. The licensees and/or applicants who best meet the
license.
the city, including, without limitation, population, demographic
and geographic needs.
(c) 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 a
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
26
- - - - - - - O - - - - - I - - - - , .
Sec. 14A-15. Licenses, permits, indemnification and insurance
required.
The requirements of this section are 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 right of ways and to assure that the citizens of Miami Beach
have safe, efficient, sanitary and qualified licensed Garbage and
Trash disposal Contractors pursuant to the provisions of this
chapter.
A. Business license required - Except as provided elsewhere
in this chapter, no Person shall engage in the business of
removing, disposing of, or collecting any kind of Waste, Garbage,
Trash, baled Trash, Recycling Waste, Hazardous or Biohazardous
Waste within the City of Miami Beach without having been approved
by the City Manager, and having secured a business license for such
individual activity. The business license will be issued promptly
when the applicant has paid the license fee and has met all
applicable requirements as set forth in this chapter and in chapter
20 of the Miami Beach City Code.
1. Business licenses for Private Waste Contractors
shall be classified as follows:
(a) Franchise Waste Contractors
Ib) Roll Off Contractors
(c) Recycling Contractors
(d) Hazardous Waste Contractors
(e) Biohazardous Waste Contractor
2 . Franchise Waste Contractors shall not be required to
obtain separate City licenses for servicing roll offs, collection
of Hazardous and Biohazardous Waste and Recycling activities.
3 . The City Manager shall have the authority to create
any additional license classifications as deemed necessary to
protect the public health and welfare when approved by the City
Commission.
4 . Issuance of a business 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 names of the principal partners, owners,
27
officers and directors or the name(s) of the Person(s) who are to
actually manage 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 vehicles, and equipment to be used.
Said application must be approved by the City Manager prior to the
issuance of the license. The applicant shall also provide evidence
that any disposal facility described is licensed or approved by the
proper authorities of the county and municipality where such
facility is located. No Licensee under this section shall
substitute the permanent 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 City
Manager and secured his approval thereof; 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.
5. Licenses granted to Private Waste Contractors
pursuant to this section shall not be assigned, nor shall said
licenses remain valid if the controlling stock ownership or voting
rights of any corporate Licensee are transferred or assigned,
except with the express approval of the City Manager, which
.........................................................................
approval shall not be unreasonablywithheld. .........:.::.'.....
..........................................................................
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x�han_::�:>:>:>:rhat :>:: r :»_�x�stztu �Qn ;�>»> e�x�o ��_ :
In the event of
assignment, the assignee shall execute an agreement of acceptance,
subject to the approval of the City, evidencing that such assignee
accepts the assignment subject to any or all of the provisions of
this chapter and of any applicable franchise agreement, between the
City and the Licensee and which acceptance shall include an
affirmative statement evidencing such assignee' s intent to fulfill
the obligations imposed thereunder.
Notwithstanding the City' s approval of an assignment of a
franchise agreement and the assignee' s acceptance, the original
Licensee shall guarantee the performance of its assignee and such
assignment shall always be with full recourse to said original
licensee.
6. All firms doing business as specified in paragraph
"A" above within the City limits without obtaining the required
28
City business license will be subject to all enforcement procedures
and penalties as set forth in section 20-21 of the City Code.
Failure to comply with the regulations set forth in this chapter or
in chapter 20 of the Miami Beach City Code may result in the
suspension or revocation of said business license pursuant to
Article IV of chapter 20.
B. Permit Required. The City Manager shall require and
will issue a permit for each Garbage, Trash, Recycling, Hazardous
and Biohazardous Waste, and Roll Off Container, and all Waste
accounts located in the City of Miami Beach which are serviced by
a Private Waste Contractor. The permit for Waste collection shall
be issued by the City Manager after the Contractor has complied
with all business license requirements and all other requirements
of this ordinance and has been cleared by the City' s Finance
Department - Utility Billing Division. (Roll Offs 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. )
C. All Private Waste Contractors shall keep fully informed
of all federal and state laws, all local laws, ordinances, rules,
regulations, and all orders and decrees of bodies or tribunals
having jurisdiction or authority which in any manner affect the
work, or which in any way affect the conduct of their work. Said
Contractors shall at all times observe and comply with all such
laws, ordinances, rules, regulations, orders, and decrees.
Additionally, each Private Waste Contractor shall obtain all
licenses and permits to conduct business pursuant to this chapter
from the Federal Government, State of Florida, and Dade County when
legally required.
D. Indemnification - Each Private Waste Contractor shall
execute an indemnification agreement whereby the Contractor
promises to indemnify, hold harmless and defend the City, its
officers, agents and employees against and assume all liability for
any and all claims, suits, actions, damages liabilities,
expenditures, or causes of actions of any kind arising from Waste
collection and/or disposal activities and/or the use of the public
streets for the purposes authorized in this ordinance and resulting
or accruing from any negligence, act, omission or error of the
Private Waste Contractor its agents or employees and/or arising
from the failure of said Contractor, its 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 resulting in
or relating to bodily injury, loss of life or limb or damage to
property sustained by any Person, firm, corporation or other
business entity. Said Contractor shall save the City, its
officers, agents, employees harmless from and against all
29
judgments, orders, decrees, attorney' s fees, costs, expenses and
liabilities incurred in and about any such claim, investigation or
defense thereof, which may be entered, incurred or assessed as a
result of the foregoing. Said Contractor shall defend, at its 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 chapter, for injuries to body, limb
or property as set forth above.
E. Insurance Required.
1. Each Private Waste Contractor must maintain
throughout the entire period during which its City license and/or
franchise agreement is in effect, in full force and effect, the
following insurance coverages:
/a) Commercial general liability in the amount of
$1, 000, 000 per occurrence for bodily injury and property damage.
This policy must include coverage for contractual liability and
specifically cover the indemnity agreement set forth in paragraph
"D" herein. The City of Miami Beach must be named as an additional
insured on this policy.
(b) Automobile liability in the amount of
$1, 000, 000 per occurrence for bodily injury and property damage,
covering all vehicles owned, leased or used by the Licensee Private
Waste Contractor within the limits of the City. The City must be
named as an additional insured on this policy.
(c) Workers ' compensation and employer's liability,
as required by Florida Statutes.
2 . All companies providing insurance shall be
authorized to do business in the State of Florida and rated B+:VI
or better by Best's Key Rating Guide, latest edition.
3 . No change or cancellation of this insurance shall be
made without thirty (30) days written notice to the City's Risk
Manager.
4 . It is understood and agreed that all policies of
insurance provided by the Contractor are primary coverage to any
insurance or self-insurance the City of Miami Beach possesses that
may apply to a loss resulting from the work performed by Private
Waste Contractors regarding the servicing of accounts located
within the City of Miami Beach.
5. All policies issued to cover the insurance
requirements herein shall provide full coverage from the first
dollar of exposure. No deductibles will be allowed in any policies
issued pursuant to this section unless specific safeguards have
been established to assure an adequate fund for payment of
deductibles by the insured and approved by the City's Risk Manger.
6. As evidence of the above coverage, the Licensee must
provide original certificates of insurance to the City's Risk
30
Manager and these must be approved by the Risk Manager prior to the
issuance of a City license. The Private Waste Contractor must
submit a new certificate evidencing continuing or replacement
coverage prior to the expiration date of said insurance policies
and must submit annually certified copies of the liability policies
required in 1 (a) and (b) herein.
7 . Any deviation from these requirements must be
approved by the City' s Risk Manager. The City reserves the right
to increase the kinds and amounts of insurance coverage required,
if the City, in its sole discretion, deems such increase necessary
to protect the City.
8 . Operation of activities by the Licensee without the
required insurance shall be grounds for license and/or franchise
revocation as specified herein.
Sec. 14A-16. Franchise Waste Contractor; fees and other
requirements, procedures for license application.
A. For a period of one year after the signing of a franchise
agreement with the City, each Franchise Waste Contractor shall pay_
to the City a franchise fee consisting of eight percent (8%) of the
Licensee' s total monthly gross receipts. Thereafter the City shall
have the option of raising the franchise fee once yearly; said
raises shall not exceed two percent (2%) of the Licensee' s total
monthly gross receipts yearly and shall be imposed only by
resolution after a public hearing and thirty (30) days prior notice
to all Franchise Waste Contractors. The term "gross receipts" as
used in this section shall mean the entire amount of the fees
collected by the Licensee, exclusive of taxes as provided by law,
whether wholly or partially collected, within the City, for Solid
Waste removal and disposal. Gross Receipts from servicing Roll Off
Containers are not included under the franchise fee due to the City
and shall be subject to section 14A-17 herein.
1. List of accounts - The licensed Contractor shall
provide the City Manager with a current list of the names and
addresses of each account, upon initial application and upon
application for renewal of its business license, the frequency of
service, the permit number and capacity of each Dumpster and
compactor as per account and the address serviced by each Dumpster
and compactor. No property Owner may share an account with
another property owner.The licensed Contractor shall notify the
City Manager in writing on a monthly basis of any changes in its
list of accounts.
2 . Monthly report - The Licensee shall deliver to the
Finance Director and the City Manager 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 detailed monthly report shall include the, customer names,
31
service addresses, account numbers, and the actual amount collected
from each customer. Payments of said fee shall be made monthly to
the Finance Director, on or before the last day of each month, for
gross receipts of the previous month. The Licensee shall on or
before thirty days following the close of its fiscal year deliver
to the Finance Director and the City Manager a statement of its
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.
3 . Audit or inspection of Licensee' s books and records
- The Licensee shall allow the City auditors at any 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 they relate to City of Miami Beach accounts, to
confirm the Licensee' s compliance with this section. This
information shall include, but not be limited to the following:
billing rates, billing amounts and accounts receivable.
Additionally, the City's auditors may communicate directly with
customers of the Licensee for the purpose of confirming compliance
with this section.
4 . Failure to pay franchise fee - In the event the
Licensee fails to timely pay the full franchise fee as set forth in
paragraph "A" of this section, the Licensee shall pay any and all
of the City' s expenses for collection of same, including, but not
limited to, court costs and reasonable attorney fees. In the event
the Licensee 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.
5. Evidence of payment - 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 business 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 and the City Manager evidence of payment of
all outstanding Garbage franchise fees, fines and other charges as
a condition to reissuance or renewal of said business license.
B. Handling of Complaints - Each Franchise Waste Contractor
shall maintain an office in 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 Friday of each week, excluding holidays. Between the hours
of 4 : 00 p.m. and 8 : 00 a.m. , Monday through Friday, 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 12 : 00 noon shall be resolved before 4 : 00 p.m. of
32
that same day. Complaints received after 12 : 00 noon but before
8 : 00 a.m. shall be resolved before 12 : 00 noon of the following day.
An emergency telephone number or number(s) where the Contractor may
be reached shall be given to the City Manager.
C. Regulations for servicing of Dumpsters, compactors and
other Garbage Facilities - Garbage collection equipment shall
consist of trucks with leak-proof and enclosed bodies with
compactors and sanitizing materials in each truck, and covered and
leak proof 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
hermit 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
paragraph "A" above. Licensees shall return Dumpsters and other
Garbage Eacijities to such approved locations atter servicing.
Compactors shall not be installed without permits from the City's
Building 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 which are located on public property without a City-
permit for said location shall be deemed abandoned and will be
removed by the City at the owner' s expense, pursuant to section
14A-19 of this chapter. 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 times while serving accounts.
D. Selection of Franchise Waste Contractors - Except_ as
provided in subparagraph "G" of this section, the City of Miami
Beach shall license not more than five Franchise Waste Contractors
for residential and commercial Waste collection and disposal as
provided in section 14A-3 of this chapter. 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 applicant ' s ability to fulfill all
duties and requirements of aEranchise Waste Contractor as set
forth in Chapter 14A including proper certification and adequate
insurance coverage.
33
2 . Certification that applicant has never defaulted on
any government contracts or bid awards.
3 . Evidence that applicant has the potential for a
significant amount of business within the City of Miami Beach,
comprised of a minimum of fifty committed accounts.
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 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 section 14A-15.
In the event that more than one applicant for a Franchise
Waste Contractor' s license qualify under the minimum qualifications
hereof, license issuance shall be determined by the City Commission
based upon the greatest number of committed accounts within the
City of Miami Beach.
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 subparagraph "E" of this section.
E. Renewal of Contracts - After May 4 , 1991, said
Franchise Waste Contractors' franchise agreements with the City
shall be valid for a period of seven (7) years from the date of
contract. At the expiration or earlier revocation thereof, 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 the
licenses previously issued for an additional seven (7) year period.
In deciding to issue new licenses and/or accepting applications
from applicants for licenses, 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 section for the issuance of the
license.
3 . The current Garbage, Trash and Waste disposal needs
of the City, including, without limitation, population, demographic
and geographic needs and State and federal requirements.
F. Bankruptcy or Insolvency - If the Grantee becomes
insolvent and if the a licensee files a petition of voluntary or
involuntary bankruptcy, its franchise shall terminate no later than
the date of filing of the bankruptcy petition.
G. Exemption to provide for Recycling - 1) Notwithstanding
any other provisions of subparagraphs A-F of this section, until
suc iso as the City _may_ establish RecYclihq requirements fog
34
multifamily and Commercial Establishments, the City Manager may
license individual Recycling contractors pursuant to section 14A-
18, who may then be authorized to collect and recycle Recyclable
Materials as defined in section 14A-2 herein. 2) Additionally,
notwithstanding any other provision of this chapter, if the City
Commission decides at any time to establish a citywide Recycling
program for multifamily and/or Commercial Establishments, or enacts
an ordinance requiring Commercial Establishments and/or multifamily
residences to recycle, the City Manager shall meet with the current
Franchise Waste Contractors as provided in Florida Statute Section
403 .706 (a) for the purpose of negotiating terms and regulations
connected with provision of such Recycling services. The terms,
including rates charged by said Contractors in the City for these
services, shall be comparable to those established in other
municipalities in Dade, Broward and Palm Beach Counties for
provision of similar Recycling services. If none of the Franchise
Waste Contractors come to an agreement with the City within sixty
(60) days, then the City may, at its option, provide for Recycling
services by a) entering into an agreement with other persons or
entities, to provide Recycling services to accounts serviced by
Franchise Waste Contractors, b) entering into interlocal
agreements, and/or c) licensing new Franchise 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 chapter, including
collection and disposal of Solid Waste. Franchise agreements
between the City and the Franchise Waste Contractors shall require
that ::..;:.;:::>::: ,. ,
°. �hcevent that ae City mandates recyc ing o multifami y
sem:.....d.: :...:;:<>::.........e.r:;:.:. ..::> : ::: :... ... .. hmenta1 `.:any.. #anc ::' ta'' o # " ct4
:::,(.# .:::.' #�::::�r.:::��.:.::��r����. !�,��:.:.::::.::. .............:...:: :::::::::::::::::::::::::::::::::::::
eme .:.:;:::::::::w:' t ::<:::th >: :: >:t :::>::;: v<.' aEte
::::::''•iiY<:J}}i}ii}i:1ii::i::i:...iJiiiiiiiii:�i:::.i:i.iiiF'4".iii}i}iiiii:i•iiiiii:L^Y:::.i:.i::::ii::X:i iiiiiiii}'.'i:"i•iiii':::i::i::::::'•:::i:.iii}}}:
}i:':iii:iY;i:`:[L::::'::::::.:'::.::.:'::Y::'ii:'v:;iii:::}::}':Qiii:y;:y<+.yvii:'.�,
y:: ::E ::::':they
.>:,::'.:; a'.:: P�''r.r. .fir ?�� .....*4
egiiiilii4t4OffigtEntfigiifflgagtifierbbiifigdegnattinfh67t8fitiiiatbiZ In
the event that the City enters into agreement for provision of
Recycling services other than by interlocal agreement with only one
or two contractors, rates charged for Recycling services in Miami
Beach by those contractors shall be set by the City Commission.
H. Revocation of Franchise - Failure on the part of a
Franchise Waster Contractor to comply in any material way with the
provisions of this chapter or of its franchise agreement with the
City shall be grounds for termination of its franchise, but no such
termination shall take effect if the reasonableness or propriety
thereof is protested by the Contractor 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
35
franchise agreement with the City. . In the event 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.
Sec. 14A-17 . Roll Off Waste Contractors; requirements.
A. License Required - Except as provided elsewhere herein,
no person shall engage in the business of removing or disposing of
construction debris or large quantities of Trash from any premise
within the City limits without first securing a license for such
activities from the City Manager by paying the license fee as set
forthe in chapter 20 of the City Code and without showing proof of
insurance as required in section 14A-15 of this chapter. However, -
Franchise Waste Contractors shall not be required to obtain a
separate license to service Roll Offs within the City.
B. Permits Required - No Roll Off Container or Construction
Dumpster shall be placed or located within the City limits without
a permit from the City Manager.
C. Fees and Requirements - The permit fees and requirements
shall be as follows:
1. When the Foll Off is to be located on the street,
the permit fee shall be : _a` 4 per account. The permit shall be
valid for sixty days from the date the permit was issued. 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 5 t ' per account. _The
.......................
......................
permit shall be valid for 60 days from the date the Roll Off Waste
Contractor obtained the permit.
D. Location Restrictions - the City of Miami Beach has the
right to restrict the location of any Roll Off container in order
to ensure the public ' s safety and to prevent traffic hazards. It
is prohibited to place Roll Offs in the followingt locations and
areas: alleys, lanes, bridges, Ocean Drive form Biscayne Street to
15th Street, Collins Avenue from Biscayne Street to 87th Terrace,
Washington Avenue from Biscayne Street to 17th Street, 41st Street
from Collins Avenue to Alton Road, 71st Street from Collins Avenue
to Bay Drive.
E. Use Restrictions - Roll Offs or Construction Dumpsters
are to be used for the removal of construction debris or for the
removal of large quantities of Bulky Waste. Roll Offs and
Construction Dumpsters shall not be used for the removal of Garbage
or Commercial Waste.
F. Overflowing Roll Offs - Overflowingt Roll Offs are
prohibited. The City Manager shall have the power to order the
removal by the property Owner of any such overflowing Roll Off.
36
12-1gsl4I
Sec. 14A-18 . Recycling Waste Contractors; requirements.
A. License required - Except as provided elsewhere herein,
no person shall engage in the business of removing, disposing of,
or collecting any Recycling Materials from any premises within the
City limits without first having secured a business license for
such activities from the City Manager by paying the business
license fee as set out in Chapter 20 of the City Code and by
showing proof of insurance as required in section 14A-15 of this
chapter.
B. Expiration of licenses - Licenses issued to Recycling
Contractors shall be for a term of six (6) months. The City may at
any time enter into a citywide Recycling program pursuant to the
requirements of Florida Statutes Chapter 403 , and may then cease
licensing Recycling Contractors. Recycling Contractors operating
under a valid City business license at the time of commencement of
such citywide program may continue operation until the expiration
date of said license, but will thereafter cease operation within
City limits.
C. Monthly report. Each Recycling Contractor shall
deliver monthly to the City Manager an accurate report regarding
the nature and disposition and volume of Recyclable Materials
collected by it from each account within the limits of the City of
Miami Beach. Upon request by the City Manager, each Contractor
shall also furnish the City with verifiable information regarding
the method and place of final disposal or distribution of said
Materials.
D. Exemption for interlocal agreements - Activities of
Recycling Contractors within the City limits 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 business license.
Sec. 14A-19 . Hazardous and/or Biohazardous Waste Contractors;
requirements
A. License required - Except as provided elsewhere herein no
person shall engage in the business of removing, disposing, or
collecting any Hazardous or Biohazardous Wastes from any premises
within the City limits without first having secured a business
license for such activities from the City Manager by paying the
business license fee as set out in chapter 20 of the City Code and
by showing proof of insurance as required in section 14A-15 of this
chapter and proof of required state licenses and Fee:
B. Requirements and fees:
1. To obtain the license the Contractor must give the
City Manager a list of all of his accounts within the City stating
whether there is hand collection of baqs or collection by
Dumpsters, frequency of service per week, and a description of
37
141
•
services.
2 . Permit and Approval of Location Required - After an
inspection of the location where the account is going to be
serviced and approval of same by the City Manager, a Biohazardous
Waste Permit, valid for one fiscal year, will be issued by the City
Manager. The fee for each permit will be $25. 00 each. This permit
is not transferable.
3 . Disposal Restrictions - Disposal of Hazardous or
Biohazardous Wastes shall be done only in accordance with section
14A-10 of this chapter.
Sec. 14A-20 . Removal, storage and disposal of unauthorized
Garbage Facilities Found on public property.
A. Garbage Facilities found upon public property without a
City permit for said location shall be removed immediately by the
City Manager or his designee. If the owner of the said Garbage
Facility is identifiable, .. the City Manager shall promptly
thereafter serve a notice of violation and notice of removal and
storage location of said Facility upon the Owner by certified mail .
B. Upon removal of a Garbage Facility pursuant to paragraph
"A" of this section, the City Manager shall promptly notify the
owner of the Facility by certified mail of the violation and fine
and the removal and storage location of the Facility. The City
Manager shall retain said Facility for a period of thirty (30) days
thereafter, during which time the Contractor 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 thirty (30) days
pursuant to paragraph "B" of this section shall be disposed of as
provided by law.
Sees-14A-6. 1. Sec. 14A-21. City Manager rules and regulations.
The City Manager is hereby delegated and shall have the full
authority of the Miami Beach City Commission to promulgate
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.
Article IV. Fees.
Seo. 14A-7 . Sec. 14A-22 . Fees for collection.
Except as herein otherwise provided, all Residents, Occupants
or Owners of residential premises in the City, for the service of
Ga-rigwage-andTrash removal and disposal or for the availability of
such service, shall pay the city the fees set forth herein. shall
pay the City the fees set forth herein, for the service of Garbage,
38
Trash and waste collection and disposal, or for the availability of
such service.
8co. 14A-8. Sec. 14A-23. Liability for fees owed to City.
In case of all buildings situated in all areas of the City, it
shall be the responsibility and liability of the Owner, Resident or
Occupant thereof to pay the proper service fee and to furnish the
necessary number of Garbage Cans and Trash Containers for such
building in accordance with the established need therefor as
determined by the Dircctor of public works City Manager. 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 a 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 fee and furnishing the necessary
Garbage and Trash Containers.
The service fee required and imposed hereby is the ultimate
responsibility of the Owner of the building, and nothing contained
in this chapter is to be construed or interpreted so as to impose
the responsibility and liability for the payment of same upon the
Residential Tenant or Occupant of any Hotel or Apartment house
Building.
8co. 14A-8. 1. Sec. 14A-24. Single utility billing.
The City Finance Director, may direct the Utility Billing
Division to issue one itemized water and sewer bill, where
practicable, for all water meters billed to a given Owner or
consumer on a given parcel of property or properties. In addition,
he may direct, where practicable, that the appropriate charges for
Garbage and waste fees be included on any bill rendered for water
and sewer charges. Said combined bills are subject to all
provisions as set forth in chapters 45 and 14A of the Code of the
City of Miami Beach.
Cco. 14A-9. Sec. 14A-25. Occupation of premises deemed
evidence that Garbage or Trash is
being produced.
The fact that any place of abode or any place of business 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.
39
Sce. 14A-10. Sec. 14A-26. When fees payable.
The monthly fees prescribed herein are payable monthly in
advance beginning October first of each year, and, the credits
provided in section 14A 12 14A-27 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 certificate of
occupancy or evidence of occupancy. No refunds will be made;
provided, however, that the fee payable hereby for the period of
January 1, 1967, to September 30, 1967, shall be in the amounts
herein set forth and shall be payable upon billing by the City in
accordance with administrative regulations to be promulgated by the
City Manager.
Sec. 14A-11. Sec. 14A-27 . 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 by Owners, Occupants or Operators
of the subject property becoming which become due to the City and
payable on and after the effective date of this chapter2 shall
constitute, and are hereby imposed, as liens against the real
property aforesaid, and, until fully paid and discharged, shall be
imposed as special assessment liens against the subject real
property, and shall remain liens equally in rank and dignity with
liens acquired by virtue of the City Charter. 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. The above-referenced Such service charges
shall become delinquent if not fully paid within fifteen days after
due date-:-.1_ All delinquent service shall bear a penalty of ten
- - - - - _ - _ _ = - - - . - - _ . - . the
maximum rate of interest allowable by law shall accrue to such
delinquent accounts. Unpaid and delinquent service charges,
together with all penalties imposed thereon, shall remain and
constitute liens against the real property involved. Such liens
for service charges and penalties shall be enforced by any of the
methods provided in chapter 86, Florida Statutes, or, in the
alternative, foreclosure proceedings may be instituted and
prosecuted under the provisions applicable to practice, pleading,
and procedure for the foreclosure of mortgages on real estate set
forth in Florida Statutes, or may be foreclosed per Chapter 173 ,
Florida Statutes or the collection and enforcement of payment
thereof may be accomplished by any other method authorized by law.
The Owner and/or Operator shall pay all costs of collection of
2Editor's note- The ordinance from which this chapter section
derives became effective October 13 , 1984 .
40
fees, :.:: ,�> ; : >:::>`'«<'>::::;<;:.;:::,:::;;::,:<::.'.<::>p>.;><:::>::;>::> .;O>:>:::;:� : ..::::::::::>::::::;:•::,.; :>:::>::: < >:<; service charges,
penalties and liens imposed by virtue of this chapter.
Sec. 14A-12 . Sec. 14A-28. Schedule of fees for City collection
and disposal of Garbage and Trash.
(a) Residence (single-family) $25. 61
and Townhouses per month
(b) Duplex $25. 61
per month
per unit
(c) Apartments, Condominiums
with less than nine Dwelling Units. . . . . $20. 91
per month
per Dwelling
Unit
The charges, rates and terms for Commercial Establishments
will be established and agreed to by contract between the Licensee
and Hotel, Rooming House, office, Restaurant or other Commercial
Establishment.
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.
Ceo. 14A-12 . 1. Enforcement of chapter; right of entry of
supervisor of refuse division notice to
correct health hasard or nuisance.
The supervisor of the refuse division of the public Work:
provisions of this chapter regulating and governing the
accumulation, removal and disposition of Carbagc, Trash and
- - - - - - - - - - - - - - - - - - - -
assignments to subordinate employees working under his authority in
Upon presentation of proper credentials, the supervisor of the
reasonable time, any building, structure or premises for the
purpose of inspection, or to prevent violations of this chapter
Trash, Industrial Waste. Whenever such Carbagc, Trash, or
any of the senses, the supervisor of the refuse division shall
order the violations to be corrected forthwith or within a
. _ - _ - __ _ - _ _ 'cc in writing served on the Person
41
the Person in lawful possession of the premises involved. If the
•_ _ - _ _ - _ _ - ' - _ - - _ ' - - - . - - = _ - - - -
diligent search, then such notice shall be scnt by certified mail
Upon refusal, failure or neglect of the Person or Persons
served wit- - - - _ _ - - - - - - _
_ - -- - - - - _ - _ ' _ - - ' - _ , - - supervisor of the refuse
who shall thereupon forthwith request the City Attorney to proceed
_ - _ - - _ - - - •- _ •- -- _ - _ -
of sections 14A 12 . 2 and 14A 12 . 3 .
Sco. 14A-12 .2 . Penalty for violation of Section 14A-12. 1
Any Person convicted of violating any provision of section
14A 12 . 1, for his first offense, shall be punished by a fine not
for a term not cxcccding ten days; any Person convicted of
violating any provision of section 14A 12 . 1, for such second
offense, shall be punished by a fine not cxcccding five hundred
dollars or by imprisonment in the city jail for a term not
cxcccding thirty days; any Person convicted of violating any
provision of section 14A 12 . 1, for a third offense, shall be
Ccc. 14A-12 .3. City may re“ . - - - • - _ _ - - -
Owner fails to do sol costs of removal
In addition to the foregoing penalties, if the Owner or
Occupant of any land within the City shall fail to comply with the
requirements of section 14A 12 . 1, the City Manager shall cause such
work to be done, and keep an account of the costs thereof,
whereupon such costs shall be a charge and lien against the
Article V. Penalties
Sec. 14A-13. Ccncrally.
A. inspectors designated by the City Manager of the public
e- _- - - - _- - - = o issue notices of violation
of any provision of this chapter and such notice shall provide for
42
6. 1. 14A 14. General notice of violation shall be issued to
Owners, tenants, Agents, and Occupants. Contractor notice of
_ _ -- _ - _ .
this chapter, other than section 14A 12. 1, may be punished as
provided by section 1.8 .
Sec. 14A-29 . Enforcement of chapter; notice of violation.
The City Manager is hereby authorized and directed to enforce
all the provisions of this chapter regulating and governing the
accumulation, removal and disposition of Waste. The City Manager
shall have the power to delegate duties to employees working under
his authority in the enforcement of such provisions of this
chapter.
Upon presentation of proper credentials, an inspector
designated by the City Manager may enter, at any reasonable time,
any building, Structure or premises for the purpose of inspection,
or to prevent violations of this chapter.
The existence of Waste as defined in section 14A-2 , shall be
prima facie evidence that the same was created or placed there by
the Occupant of the Dwelling or Commercial Establishment or the
Owner, Agent, Manager or Operator of the property, if the same be
vacant. The existence of the same Garbage inside the same Garbage
containers for four (4) consecutive days upon a premises currently
serviced by a Private Waste Contractor shall be prima facie
evidence of a violation of this chapter by said Contractor. For
purposes of this section premises currently serviced by a Private
Waste Contractor shall not include accounts which have been
discontinued by said Contractor when notice of discontinued service
has been mailed to the premises Owner/operator and to the City
prior to the accumulation of said Garbage.
Whenever a designated City inspector observes a violation of
this chapter or an accumulation of Garbage, Trash, or Waste which
creates a health hazard or nuisance offensive to any of the senses,
said inspector shall order the violations to be corrected within a
specified reasonable period of time by serving a written notice of
violation upon the Person or Persons causing or responsible for
such violation, health hazard or nuisance; such Persons shall
immediately cease or abate the violation.
Such 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 involved. If the
Person or Persons addressed with such notice cannot be found after
diligent search, then such notice shall be sent by certified mail
to the last known address of such Person, and a copy of the notice
shall be posted in a conspicuous place on the premises, and such
procedure shall be deemed equivalent of personal "service.
43
The notice shall also specify any fine which may be due in
connection with the violation or failure to correct the violation
within the time specified by the inspector and the procedure for
timely payment or appeal of said fine.
If in the opinion of the inspector, the conditions constitute
an immediate threat to the health and well being of the public, he
may order the immediate correction of the hazard at the expense of
the property Owner, Occupant, Registered Agent, or Person
responsible for the hazard, and the City shall have the right to
recover such expenses as provided in Section 14A-27 of this
chapter.
Sec. 14A-30. Removal of Waste by City; penalties for violations.
If the Person served with a notice of violation pursuant to
section 14A-29 does not correct the violation in the specified
time, the City Manager may do the following:
A. For violations involving failure to remove Waste, the
City Manager may cause the Waste to be removed from the premises
involved and charge the actual costs to the Occupant and/or Owner
of the premises in question, on a force account basis. Any fine
due pursuant to section 14A-32 or 14A-33 shall also be charged to
the Owner and/or Occupant. Failure to pay such costs and fines to
the City or to appeal pursuant to section 14A-31 within fifteen
(15) days of notification of same shall result in the imposition of
a lien upon the property involved in the amount of such costs and
fines. Such existing liens and liens imposed hereafter shall be
treated as special assessment liens against the subject real
property and 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; the maximum rate of interest allowable by law shall
accrue to such delinquent accounts. Such liens shall be enforced
by any of the methods provided in chapter 86, Florida Statutes, or,
in the alternative, foreclosure proceedings may be instituted and
prosecuted under the provisions applicable to practice, pleading,
and procedure for the foreclosure of mortgages on real estate set
forth in Florida Statutes, or may be foreclosed per Chapter 173 ,
Florida Statutes or the collection and enforcement or payment
thereof may be accomplished by any other method authorized by law.
The owner and/or operator shall pay all costs of collection,
including reasonable attorney fees, incurred in the collection of
fees, service charges, penalties and liens imposed by virtue of
this chapter.
B. For violations of this chapter for which no fine is
specified in sections 14A-32 and 14A-33 , the City Attorney may
prosecute the violators pursuant to section 1. 8 'of the City Code;
44
fines for such offenses shall be as follows:
1 . First offense - $ 350. 00
2 . Second offense - $ 500. 00
3 . Third offense - $1, 000. 00
C. For violations which present a serious threat to the
health, safety, or welfare of the citizens of Miami Beach and/or
violations which are continually repeated by the same violator, the
City Attorney may seek injunctive relief and/or, in the case of
Commercial Establishments, revoke the occupational license and/or
certificate of use for the Establishment and/or property.
Sec. 14A-31. Appeal to City Manager.
Any person receiving a notice of violation pursuant to section
14A-29 and/or notice of fine pursuant to sections 14A-32 alid/or
14A-33 may request, within fifteen (15) days of receipt of said
notice, an administrative hearing before the City Manager to appeal
the decision of the City inspector which resulted in the issuance
of the notice. Procedures and application fee for the scheduling
and conduct of said hearing shall be as provided in section 20-29
of the City Code. 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 penalties may be assessed accordingly.
Timely filing of a notice of appeal pursuant to this section
shall toll the imposition of a lien pursuant to sections 14A-27 or
1_4A-29 or enforcement procedures pursuant to section 14A-29 until
thirty (30) days after the issuance of a written determination by
the City Manager. Any amounts of money due the City pursuant to
said determination must be received by the City within thirty (30)
days after the issuance of the determination or a lien shall be
imposed upon the property in violation or other enforcement or
collection procedures commenced as provided by this chapter.
Soo. 14A-13. 1. Sec. 14A-32. Fine schedule for violations
issued and applied to Owners,
Agents, tenants, Occupants,
Operators or Managers, or
Persons responsible for the
violation.
Violation(s) within Sections 14A-3 and 14A-4. Fine
The placement of Dumpster(s) , 1st occurrence:
Garbage, Trash, Bulky and/or $50. 00
Industrial Waste on public property Following:
$100. 00
per occurrence,
Dumpster(s) located and kept on Fine for failure
to correct in
45
•
specified time
after notice:
Front Yard or Side Yard facing $50. 00
street (corner lots) .
Dumpster(s) not kept in approved $50. 00
Garbage Facility.
Property Owners/Operators/Agents/ $100. 00
tenants without Garbage collection
service. (Private or City. )
Individual properties with different Per Owner:
ownerships sharing the same service, $100. 00
with or without consent.
Violation(s) within Sections 14A-6. and 14A-7 . Fine
Open lid on Garbage receptacle(s)_ $25. 00
Insufficient Garbage Receptacle capacity. $50. 00
Insufficient frequency of Garbage collection $50. 00
Overloaded Garbage Receptacle(s) . $50. 00
Lack of/or deteriorated receptacle(s) . $50. 00
Garbage or miscellaneous Trash around $50. 00
receptacle(s) .
Violation(s) within Sections 14A-7 - 14A-12 Fine
1st occurrence
Illegal disposal of Garbage, Trash, $50. 00
Industrial and Bulky Waste. Following:
$100 per
occurrence.
Illegal disposal of Garden Trash, Tree 1st occurrence
and Shrubbery Trash and/or Special $50. 00
Handling Trash. Following:
$100 per
occurrence.
1st occurrence
Illegal disposal of Biohazardous and/or $250. 00
Hazardous Waste. Following:
$1, 000 per
46
1.,14;1 •
occurrence.
Violation(s) within Section 14A-29 Fine
Creation of health hazard or nuisance. 1st occurrence:
$100. 00
Following:
$200. 00
per occurrence.
SECTION 14A-33 . Fine schedule for violations of Section 14A-4
- 14A-16 by Private Waste Contractors.
Violation(s) within Section 14A-4 Fine for failure
to correct after
notice:
Dumpster(s) and Roll Offs placed on $50. 00
public property without City Permit. per day
Violation(s) within Section 14A-6 and 14A-7 Fine
Deteriorated, rusted, $50. 00
decayed, or unserviceable Dumpsters.
Outdoor Garbage Dumpster(s) without lid. $50. 00
Failure to remove all Garbage and Trash $100. 00
placed in the Contractor' s
Container(s) and generated by the account
being serviced.
Violation(s) within Section 14A-15 and 14A-16 Fine
Dumpster(s) currently in service, $250. 00 per
overflowing and generating a health occurrence
hazard. Dumpster(s) not sanitized or
disinfected after collection. $50. 00
Fine
Dumpster(s) not removed after account $100. 00
is closed or permit or license revoked.
Dumpster(s) without Contractor's $50. 00
identification.
Dumpster(s) Compactors or other Garbage $100. 00
Facility installed without Permits.
Garbage Facilities placed by Contractor
without permit. 1st occurrence
$100. 00
Following:
$200 . 00 per
47
occurrence
b y same
Contractor
during same
fiscal year
Contractors not reporting timely a $50. 00
stopped service in writing to the
City Manager or his designee
(temporary or permanent) .
Contractor' s truck breaking sidewalks, Cost of replace-
curb and gutters; Contractor' s truck ment by City.
driving over sidewalks, curbs, and plus
blocking pedestrian traffic or breaking 1st occurrence:
water meter, electric meter or other types $100. 00
or lids on City Property. Following:
$200. 00
per occurrence.
Contractors leaving trucks, not servicing $100. 00/day
accounts, parked within Miami Beach City
limits.
Dumpster(s) not in service and $500. 00 per
generating a health hazard and dumped occurrence.
on City limits prior to removal.
Fine for failure
to correct in
specified time
after notice:
Dumpster(s) not returned by Contractor $50. 00 per
to the approved location. occurrence
..........................
Dumpsters providing shared service to 14070
properties with different ownership. Porr9Ae.
_:n::adi:t_a : tri:::::the:::::> rx :::. t �d.<:: �ne: :Y:<:: xzatcr mtt' : c ::: :::
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SECTION 2. 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.
48
SECTION 3. REPEALER.
All ordinances or parts in conflict herewith be and the same are
hereby repealed.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after its adoption
on the 4th day of May , 19 91
PASSED and ADOPTED this 24th day of April , 19 91
///7 dill
MA`OR
ATTEST:
CITY CLERK
1st reading 4/10/91 as amended
2nd reading 4/24/91 as amended
FORM APPROVED
LEGAL DEPT.
' 414/14k 9r; 56144t't-eVci
Date
A.
49
•
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ea," a�
vtedmi Eead
\PMi sFq FLORIDA 3 3 1 3 9
*(INCOR OWED)* "VACATIONL.4ND U. S. A. "
BCH \s
}
OFFICE OF THE CITY MANAGER CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. /5 7-. ` /
DATE: 4-10-91
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Carla Bernabei Talaric•�'��
City Manager +-
SUBJECT: AMENDMENT TO CHAPTER 14A OF THE MIAMI BEACH
CITY CODE, ENTITLED "GARBAGE"
On September 19, 1990 via Commission Memorandum Number 457-90, the
City Administration recommended certain changes to the City of Miami
Beach Code, Chapter 14-A, relating to the "Garbage Ordinance" . The
proposed revisions were based on the following rationale:
a. The five (5) year term of the franchise waste
contractors had expired.
b. Definitions in the present Ordinance needed to be
expanded to keep up with present day technology
of waste collection and disposal practices.
c. The recycling of materials needed addressing.
d. The present Ordinance needed to be updated to
comply with County and State laws.
e. Dade County's dumping fee, that is charged to the
City, has increased from $36. 00 per ton to $42 . 00
per ton, effective October 1, 1990.
f. The fees issue needed to be addressed in order to
comply with the proposed budget.
The proposed Ordinance was presented to the Environmental and Clean
City Committee and input from private waste collectors and recycling
interests was received. As the result of these meetings, a number
of issues were clarified and revisions were made to the original
proposed Ordinance.
Attached hereto is a copy of the Ordinance, as amended, and a cover
memorandum indicating an explanation and a listing of the changes
made.
ADMINISTRATION RECOMMENDATION:
The Administration recommends adoption of the attached Ordinance
amending Miami Beach City Code, Chapter 14A, entitled, "Garbage" .
CBT/RAG/b
Attachment
AGENDA )JQ
ITEM -c--
'7
DATE 7 �'�C y--9/
•
.x-. w .. ? :,.. .. , ra..:$a.�^... x..1.. 1 1i .�C�`,..L_+� -_ti .
CITY OP MIAMI BEACH
TO: CARLA BERNABEI TALARICO DATE: APRIL 4, 1991
CITY MANAGER
PROM: SANDRA W. SCHNEIDER '591/.5
SENIOR ASSISTANT CITY ATTORNEY
SUBJECT: REVISIONS TO GARBAGE ORDINANCE
Attached is a copy of the latest revision of the Garbage
Ordinance. The highlighted portions indicate changes which were
made since the ordinance appeared in the March 20th Agenda package.
These changes were discussed and/or approved in concept at the
joint meeting of the Finance and Environmental Committees held on
March 18, 1991. At your request I have also provided an
explanation of the changes.
1. Page 4 - Sections 14A-29 and 14A-32 were revised to
Page 44 provide for the imposition of fines upon
Page 45 all persons responsible for violations of
the ordinance rather than only upon
persons connected with a given property.
This will allow the City to penalize
persons not living or licensed in the
City who dump illegally within City
limits.
2 . Page 4 - Section 14A-2 was revised to add a
definition for "Agent" or "Registered
Agent" as the term is used in various
sections of the ordinance.
3 . Page 28 - Section 14A-15.A.5 was revised to clarify
the intent that licenses granted to
private waste contractors may not be
assigned nor may the licenses be
transferred by transferring control of
the corporations without the approval of
the City Manager. Stock transfers of
Corporations on major stock exchanges and
institutional lenders were exempted.
4. Page 31 - Section 14A-16.A was revised to clarify
that once yearly the City may raise the
franchise fee it collects from franchise
waste contractors by two percent of the
licensee's total monthly gross receipts.
5. Page 34 - Section 14A-16.G was revised to provide
that in the event that the City mandates
recycling the terms which the City shall
require of franchise waste contractors
who wish to provide recycling services
will be comparable to those established
in other similar municipalities. The
revised language also provides that, in
the event that only one or two
contractors are licensed to provide
recycling services, the City shall
regulate the rates charged by those
contractors to the public in the City.
6. Page 44 - Section 14A-32 was revised to provide
higher penalties for the illegal disposal
of biohazardous and hazardous waste. The
fine for the first occurrence was raised
from $50. 00 to $250. 00 and the fine for
the second offense was raised from
$100. 00 to $1, 000.
29
.. ._ __.... r:...rs...>...._,_.__.�. .._.:.:.,.�<... �r.L�..a '.'�.t__�.�.�._.__a.a. �....,:.__..: __
7 . Page 48 - Section 14A-33 was revised to provide
that contractors damaging sidewalks,
water meters, etc. must pay the City's
replacement costs plus fines of $100. 00
for the first occurrence and $200.00 for
each subsequent occurrence. The fine for
utilizing a shared dumpster to service
properties having different owners was
raised from $50.00 to $200.00. Language
was also added to clarify that fines are
in addition to payment of the City's
costs in the event that the City has to
correct a violation.
SWS:jcl
Attach.
(c:\Garbage.mem.)
2
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