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Ordinance 78-2117 ORDINANCE NO. 78-2117 AN ORDINANCE AMENDING ARTICLE II , CHAPTER 14A, OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY ADDING NEW SECTIONS THERETO PROVIDING FOR AND GOVERNING THE COLLECTION AND DISPOSAL OF GARDEN AND RELATED TRASH. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION I : That Article II , Chapter 14A, of the Code of the City of Miami Beach be and the same is hereby amended by adding immediately after Section 14A-5 the following additional sections to be numbered and to read as follows: "Section 14A-5. 1 . Definitions. 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. Tree and shrubbery trash. Accumulation of tree branches, tree limbs, parts of trees, bushes, 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. Special handling trash. Accumulation of tree branches, tree limbs, parts of trees, bushes, shrubbery which are over three inches in diameter and not exceeding four feet in length, too large to be containerized or bundled and tied and including furniture, refrigerators, stoves, mat- tresses and other bulky items of household trash. Regulated stash area. A disposal site maintained by the City where garden trash and tree and shrubbery trash may be deposited. Landscape firm. Landscape architects, landscape contractors, landscape maintenance firms doing business within the City of Miami Beach. Section 14A-5. 2. Disposal of garden trash, tree and shrubbery trash and special handling 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. Material which is containerized or bundled shall be placed at curbside no sooner than the evening prior to the scheduled collection day. (a) City pickup procedures for garden trash or tree and shrubbery trash. 1 . Garden trash as defined herein shall be placed into garbage cans, plastic bags, or other weatherproof containers strong enough to support the weight of the material but not to exceed 50 pounds, which is to be placed curbside for the City to pick up on regular collection day. 2. Tree and shrubbery trash as defined herein shall be tied in bundles with material strong enough to support weight of bundle. Said bundle is not to exceed 50 pounds and is to be left at the curb for the City to pick up on regular collection day. 4 ti (b) City pickup procedure for special handling trash. Special handling trash as defined herein will be collected by the Sanitation Department only from City-serviced garbage accounts scheduled on a mutually agreed date with the account and in accordance with paragraph (c) 4 below. (c) Use of regulated stash areas by property owners or occupants and/or landscape firms. 1 . Regulated stash areas are restricted to use by property owners or occupant and their landscape firms doing business within the City of Miami Beach boundaries holding a City of Miami Beach dumping permit. 2. Dumping of any material other than garden trash and tree and shrubbery trash in City regulated stash areas is prohibited. 3. Loitering, salvaging and vandalism by any person at regulated stash areas is prohibited. 4. 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 disposal site outside the City of Miami Beach. 5. Any single commercial dumping of garden trash and tree and shrubbery trash in excess of five cubic yards is prohibited. 6. A regulated stash area dumping permit is required by any landscape firm utilizing regulated stash areas. Application for dumping permit is to be made to the City's Sanitation Department. Decal permits will be issued free of charge on a quarterly basis. The decal permits shall be conspicuously affixed to all vehicles used by landscape firms in transporting trimmings and cuttings to regulated stash areas. Landscape firms shall register quarterly with the Sanitation Department for completion and/or updating of permit application which will require: number of Miami Beach accounts, identifica- tion of accounts, average number of loads dumped per month and applicable occupational license. Temporary one-time permits for dumping at regulated stash areas shall be issued to those firms doing occasional business in the City. Permits shall be revocable by Sanitation Department Director for violations of ordinances and policies governing stash area use. Penalties shall range from temporary to permanent suspension of dumping privilege dependent on the nature and frequency of violations. 7. Landscape firms are required to dispose of all garden and related trash generated by them while doing business in the City of Miami Beach at either a regulated stash area or at a disposal site outside the City, dependent on the nature of garden and related trash 'generated. Section 14A-5.3. Penalties. The existence of trash, as defined in Section 14A-5. 1 , shall be prima facie evidence that the same was created or placed there by the occupant of the residence or the owner of the property, if the same be vacant. The Director of the Sanitation Department is hereby authorized to designate inspectors who shall be authorized to issue appropriate notices and citations directed to such occupant or owner requiring removal of said trash or compliance with the provisions of Sections 14A-5.2 and 14A-5.3 within 24 hours follow- ing service of such citation. If said trash is not removed within 24 hours, the City shall remove the same and charge the occupant or owner of the premises in question, on a force account basis, charging actual costs to the occupant or property owner, and in the event of failure to pay said charge within 30 days, a proper and appropriate claim of lien against the said property shall be filed with the Clerk of the Circuit Court of Dade County in the manner and with the effect provided for in Section 14A-11 of this Chapter. Violators of Sections 14A-5.2 and 14A-5.3 shall also be sub- ject to fine and penalty as provided under Section 28 of the City Charter." SECTION 2. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. This ordinance shall go into effect thirty days after its passage. PASSED AND ADOPTED THIS 1st day of March, 1978. 4.41‘ Mayor Attest: 77 City Clerk 1st reading - December 21 , 1977 2nd reading - March 1 , 1978 � a -0 U) Q)'0 O C U 0 I- CO 4-1 U) 1'-- XL) f0 •- U Q) L N I- Q^ -I 00 O "0 Q n^ U Q) • 4-' +1 Q) (0 D o Q.L- CC CC since oLLIU C U .` O -p C (6 U — Q) Q) C U) co U "0 o •– 3 S- +� Q) co L C (� • 0)4- "O C 0 C•_ Q)'O E"0 @ Q (6 U) • L'_