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Ordinance 82-2332ORDINANCE NO. 82-2332 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14A OF THE MIAMI BEACH CITY CODE; AMENDING SECTION 14A-1 TO PROVIDE ADDITIONAL DEFINITIONS; AMENDING SECTION 14A-2 TO PROVIDE FOR LOCATION OF GARBAGE CANS, TRASH CONTAINERS OR DUMPSTERS, AND COLLECTION SERVICE; AMENDING SECTION 14A-3.1 PROVIDING FOR SUFFICIENT GARBAGE AND TRASH STORAGE AND COLLECTION; AMENDING SECTION 14A-6 PROVIDING FOR LICENSE, INSURANCE, AND LISTS OF ACCOUNTS; AMENDING SECTION 14A-13 PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Chapter 14A - Section 14A-1 of the Code of the City of Miami Beach, Florida be and the same is hereby amended to read as follows: Sec. 14A-1. DEFINITIONS. APARTMENT: A dwelling containing more than two dwelling units and in which the majority of dwelling units contain kitchen facilities. The term "apartment" shall include apartment houses, bungalow courts and all other dwellings of similar character, but not to include hotels. BULKY WASTE: The words "bulky waste" shall mean large items of household refuse, such as appliances, furniture, accumulations from major tree cut-backs, large crates and like articles. COMMERCIAL: An establishment dealing in wholesale or retail trade or services and shall include lodges, churches, schools and all other places where garbage or trash may accumulate, not specifically described herein. COMMERCIAL REFUSE: All solid waste produced by commer- cial establishments such as stores, office buildings, markets, schools, restaurants, bars, cafeterias, theaters, hotels, motels, hospitals and other institu- tional buildings. CONSTRUCTION DUMPSTER OR ROLL OFF: Approved open metal container without wheels, with capacity up to 40 cubic yards, used at construction sites. DUMPSTER: An approved metal container on wheels with a tight fitting solid top and a minimum capacity of one cubic yard or 275 gallons. DUPLEX: A detached building, divided horizontally or vertically and designed for or occupied by two single family housekeeping units. GARBAGE: Every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of, meats, fish, fowl, fruit or vegetables, and decay, putrefaction and the generation of noxious or offensive gases or odors, or - 1 - OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 which, during or after decay, may serve as breeding or feeding material for flies or other germ -carrying insects. GARBAGE CAN: An approved container commonly sold as a garbage can, of a capacity not less than ten gallons and not to exceed thirty gallons, and such can shall have two handles upon the sides of the can, or a bail by which it may be lifted, and shall have a tight -fitting solid top. HOTEL: A building containing ten or more dwelling units and in which the majority of the dwelling units do not contain kitchen facilities and is licensed as a hotel. INDUSTRIAL WASTE: The All wastes and debris ffem btleit; eenenete bleek; reefing shingle et the plants; generated by construction, aeetimtllated frem land clearing, excavating of structures, belld°ng; tebtillding and altening e€ btllldings; stetiettines, roads, streets, sidewalks or parkways;, and any waste matenlals whleh beeatise of thein veleme et nature; de net lend themselves to eelleetlen and lnelneeatlen eemmingled with endlnany gafbage and mash including waste collected for recycling, including, but not limited to, oil, grease and paper. KITCHEN FACILITY: A facility for preparing food containing a sink with running water, a stove and a refrigerator. OCCUPANT: Any person using or having actual possession of any building, lot or business. OPERATOR OR MANAGER: Any person who has or is in charge, care, control or use of any building or lot. OWNER: Any person, firm, corporation or other legal en- tity, who individually or jointly or severally with others, holds the legal or beneficial title to any building, facilities, equipment or premises subject to the provisions of this chapter. The term shall include the owner's duly authorized agent, a purchaser, divisee, 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 premies, 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 respon- sible for the construction, maintenance and operation of the building, facilities or premises involved. PERSON: Elthen an Individuals, children, firms, associations, joint ventures, partnerships, corporations, exeetitets; adminlsteatens; tnestees en ethers legal entitles; whethen singtllat of plural: maseellne et feminine; as the eentext may eegtilre, estates, trusts, syndicates, fiduciaries, individuals that sign the municipal license application and all other groups and combinations. RESIDENCE (SINGLE FAMILIY): A detached building designed for or occupied exclusively by one family. RESIDENTIAL REFUSE: All garbage and rubbish originated in a dwelling or residence. RESTAURANT: Every establishment maintained and operated as a place where food is regularly prepared, served or sold for immediate consumption on or about the -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 premises, and every establishment preparing food to be called for, delivered to or taken out by customers, not otherwise provided for herein. ROOMING HOUSE: A building containing less than ten dwelling units and in which the majority of the dwelling units do not contain kitchen facilities and is licensed as a rooming house or boardinghouse. RUBBISH OR TRASH: Refuse accumulations of paper, excel- sior, rags, wooden or paper boxes or containers, sweepings and all other accumulations of a nature other than garbage, which are usual to housekeeping and to the operation of stores, offices, and other business places, and any bottles, cans, or other containers which, due to their ability to retain water may serve as breeding places for mosquitoes or other water -breeding insects; 'tnash--' shell net lnelude 14ndtistr.ial wastes&' as def4ned above; rubbish shall not include noncombustible refuse, as defined above. TRASH: Refuse accumulations of paper, excelsior, rags or wood or paper boxes or containers, sweepings and all other accumulations of a nature other than garbage, which are usual to housekeeping and to the operation of stores, offices and other business places; and any bottles, cans or other containers, which, for mosquitoes or other waterbreeding insects; "trash" shall not include "industrial wastes" as defined above. TRASH CONTAINER: Any container other than a garbage can approved by the public works department. SECTION 2: That Chapter 14A of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 14A-2. LOCATION OF GARBAGE CANS, AND TRASH CONTAINERS_L OR DUMPSTERS GARBAGE COLLECTION SERVICE, All garbage cans, and trash containers or dumpsters shall be kept together in or within a plaee aeeess4ble and aeeeptable to the empleyees ef the pttblle weeks department ef the elty walled or enclosed area on private property approved by the Public Works Department 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 side yard setback facing streets. Such area shall be accessible to both City and private garbage collectors. All new commercial buildings and multi- family buildings exceeding twelve units shall provide a •arba•e room a..roved b the Public Works De•artment as to location, size, and other criteria deemed necessary. All existing buildings constructing additions or changing their use must provide a garbage room approved by the Public Works Department as to location, size and other criteria deemed necessary. It shall be the responsibility of the property owner, agent, lessee, manager or such property owner, or private garbage contractor to insure 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 e4ty any er public property, street, alley or -3- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 sidewalk or other public land or any property not in the ownership or tenancy of the persons by whom the garbage er trash is accumulated, whether sorb aelghberl tg preperty be vaeaat er l tpre''eel- Whenever pre 4ses abut an alley; the garbage eans and trash eettalners shall be pleeee7 with -in easy and eeaven-ieat aeeess €rex sueh alley. The Public Works 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 of requirements and clearance of Billing Service Department. In hardship cases, the City Public Works Director shall have the power to waive any or all of the provisions of this section for a period of no longer than one year. Each individual property owner shall be required to have a garbage collection service and approved garbage facilities. SECTION 3: That Chapter 14A of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 14A-3.1. MINIMUM CAPACITY REQUIREMENTS FOR VARIOUS TYPES OF USES AND OCCUPANCY. (a) It shall be the responsibility of the owner or operator of every premise, structure, or building in the eCity of Miami Beach to provide sufficient temporary garbage and trash storage through the use of approved garbage cans, er garbage containers; er trash eeeteleefs or dumpsters. until eelleetlea by elty persenael er a lleeased garbage er trash hauler - {b} Every ewaer shall prevlele su€€leleet temperary garbage er trash sterage by prevldlsg ears er eaeata±fers; eemplylag with the prevlsleas e€ this ehapter; havlag et least the eapaeltles set belew- (b) The garbage containers per site shall not be limited provided each individual property has its own approved number of containers and provided the containers are picked up a minimum of twice a week. The Public Works Department has the authority and power to approve the capacity of the containers and the frequency of collection service for each individual property. The City of Miami Beach divides and classifies waste and its handling requirements as follows: 1. Residential Refuse: All the garbage, rubbish or trash, generated in any dwelling used for single family residence, duplex, townhouse, apartment or multi -family building. The Director 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 capacity of containers and frequency of collec- tion service based on a 25 gallon container per 1,000 square feet and two collections per week. 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 containers and frequency of collection are as follows: -4- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 (a) Stores, office buildings, churches, and schools must have container capacity of 25 gallons for each 1000 square foot area and minimum twice weekly collection service. (b) Restaurants, markets, hotels, and motels will have container capacity and frequency of service as approved by the Director of Public Works on an indi- vidual basis. Type e€ Use Minimum Capacity Bwell-ing ide-its Singe-fam4Iy 25 galle is per 1966 sertj.ate feet ef fleet area Buplex aad/er fult}pie fern}ly Hetels asd tnetels with eeeR.ing faellltles wltheut eeeking faellltles 25 gallens per 1999 square feet ef tetal feetage ef all units; exeludleg eeinmeu areas ef 15u41ellug7 25 gallens per 1999 square feet ef tete} feetage ef all un -its; exelu64ng eemmefl areas ef 13u41d4eg7 l6 galleas per 1969 square feet ef tete} feetage ef all unite; exeludlag ee tmea areas ef 15u41e74ag- 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. (c) 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 same to be emptied at least eaee twice a week or by providing cans or containers of lesser sizes or number provided that same are emptied on a regularly scheduled basis more frequently than eaee 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 Sub -Section (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. (d) Where the minimum capacity requirements of this section are met through the use of collections on a basis more frequent than eaee 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 or by such other person as is charged by the elty manager Public Works Director with responsibility for enforcing this Section, provide proof of the frequency of trash and garbage collections, or in the case of a compacting device, the manufacturers' brochures or certifications -5- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 indicating its capacities. In the event such proof is not provided when requested it shall be presumed that the capacity supplied is that of the containers provided and that said containers are emptied on a basis no more frequent than once a week. (e) Violaters ef this section shall be subject to fine and penalty as prev4ded tinder Seetlen 14A-573 ef the elty Cede and under Seetlen 28 ef the elty ehatten- Installation of compactors is subject to permit and approval of the Public Works 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. SECTION 4: That Chapter 14A of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 14A-6. REQUIRED LICENSE REQUIREMENT; FORM OF APPLIEAPION; APPROVAL BY PUBLIC WORKS DIRECTOR AS PREREQUISITE TO ISSUANCE; LIST OF ACCOUNTS AND LIABILITY INSURANCE REQUIRED. No person shall rexteve garbage ee trash engage in the business of removing or disposing of garbage, trash, or waste from any premises in the city, or transport garbage er trash or waste through the streets or alleys or public ways of the City, of eenteaet fat ee permit himself to be employed et engaged for any sueh removal; tnanspeetatlen en dlspesal without first having secured a license for such services activities from the city clerk Public Works Director evldeneing after payment to the city of the necessary license fee as peevlded a license fee and as required by the occupational licensing ordinance of the city. Befefe issuing any stieh Ileense; Issuance of a license the elty clerk shall require the exeeut4en completion of an application form to be furnished by him showing the name(s) et names of the person(s) et persens to be licensed, or in the case of a corporation or other business entity, the names of the principal partners, owners, officers and directors and or the name(s) of the person(s) who are to actually manage and operate peffefm stleh setvlees far the eeepe'atlen the business, together with the business and home address of each such person; the description of the equipment to be used in such removal, transportation and disposal and the exaet leeat-ien ef end the methed ef disposal a description of the method of disposal including the location of all garbage disposal facilities to be used. Equipment shall consist of trucks with leak proof and enclosed bodies; compactors and sanitizing materials in each truck; covered and leak proof garbage dumpsters. Sueh Said application shall be submitted to and must be approved by the Director of the public works department of the City as a prerequisite prior to the issuance of the license. -6-- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 The applicant shall also provide evidence that the d-ispesal e€ garbage disposal facility described et the pelnt named; and by the method deserlbed In the appl-ieatlen is licensed or approved by the proper authorities of the County or ef the municipality where such facility is located, if stieh pelnt be w±thin a mtinlelpalty. No license under this section shall ehange any ef substitute the personnel named in stieh its application, nor any ef the equipment or methodology used for removal, ef transportation or disposal nor the location ef methed of disposal facilities as described in its stieh application, without first having reported such changes to the Director of Public Works and secured his approval and permiss-ien therefor, and in the case of changes in the location and method of disposal facilities, such changes shall also be approved by the proper authorities of the county or ef the municipality wlthln where such disposal pelnt facility is located. The lleensee licensed contractor shall provide the public works director with a list ef aeeeunts current list of the names and addresses of each account, the frequency of service, and the capacity of each dumpster and compactor as per account. and sSuch list shall be updated when changes occur. The location of each dumpster and compactor shall be approved by the Public Works Director and, a permit will be issued for each dumpster. No dumpster can be placed or serviced until such permit is issued. In case a dumpster is delivered by a contractor without a permit, the City has the right to keep billing for same until the permit is issued. Licensee shall return dumpsters to such approved location after servicing. Compactors shall not be installed without permits from the Building Department and Engineering Division of the City. Each dumpster must bear name of licensee and must be serviced and sanitized after each service at least twice weekly. Service pickups by trucks are to be made from streets and driveways and are hereby prohibited from climbing sidewalks. Abandoned dumpsters not on service or dumpsters located on public property will be removed by the City at owner's expense, cost will include storage fee. No property owner may share an account with another property owner. Licensee may not park any garbage truck on public or private property within the City when not being used to service accounts. Collection time shall be between the hours of 7:30 a.m. and 6:00 p.m. only. Employees shall carry Miami Beach Police Identification Cards at all times. Workers' Compensation insurance shall be required as provided by Section 20-18. Before issuing any license hereunder, the e.ity elerk Director of Public Works shall require the applicant to file with hlm a eemprehens4ve general llablllty In ury pelley a Certificate of Insurance providing automobile liability injury policy with minimum limits for bodiliy injury of one hundred thousand dollars for injury to one person and three hundred thousand dollars for one accident, and for property damage of twenty-five thousand dollars In for one accident and fifty thousand dollars aggregate. St1eh pel#ey shall set ferth an endersement to save and held harmless the elty from any llablltly er damage whatseever far all elalms far bedlly lnjtlry to the publle and all damage to preperty ef ethers resulting €rem any and all sets ef emisslen and eemmisslen ef an by the applleant; hls agents; servants er empleyees- The Public Works Director of the City of Miami Beach is authorized to suspend, revoke or cancel any such license for failure to comply with any of the City Ordinances. -7- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 SECTION 5: That Chapter 14A of the Code of the City of Miami Beach, Florida is hereby amended by the addition of a new section 14A-6.1 to read as follows: Sec. 14A-6.1. 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 Attorney. SECTION 6: That Chapter 14A - Section 14A-13 of the Code of the City of Miami Beach, Florida is hereby amended by the addition of the following: Inspectors of the Public Works Department shall be authorized to issue notice of violation of any provision of this Chapter and such notice shall provide for a fine as included in the Rules and Regulations under Section 14A-6.1. General notice of violation shall be issued to owners, tenants, agents and occupants. Contractor notice of violation shall be issued to private garbage contractors. Any person found guilty of violation of any provisions of this Chapter, other than Section 14A-12.1, eha44 may be punished as provided by Section 1.8 (Ord. No. 1621 §1; Ord. No. 1628 §2; Ord. No. 1907, §2) . SECTION 7: SEVERABILITY, If any section, sub -section, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 8: REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 9: EFFECTIVE DATE. This Ordinance shall take effect 10 days after adoption on September 11 , 1982. PASSED and ADOPTED this 1st day of September , 19 8 2. Attest: City Clerk MLB • JJ 1st Reading - August 18, 1982 • 2nd Reading - September 1, 1982(as amended) Words underlined have been added. Words stft1e3 thretgh have been deleted. Mayor 101 r►' 'rt Date OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 In conjunction with the latest revisions to the Sanitation Ordinance, specifically: That Chapter 14A of the Code of the City of Miami Beach, Florida is hereby amended by the addition of a new section 14A-6.1 to read as fellows: Sec. 14A-6.1. 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 Attorney. The Public Works Department has established a recommended schedule of fines for violations to the Sanitation Ordinance as follows: Sec. 14A-13.2 General: Violations to be issued and applied to Owners, Agents, Tenants, Occupants, Operators or Managers. Section 14A-2: Violation Recommended Fine The Placement of Dumpster(s) Garbage, Trash, Bulky and/or Industrial Waste on Public Property. $25.00 Dumpster(s) located and kept on front yard or side yard facing street (corner lots). $25.00 Dumpster(s) not kept in approved garbage facility. $25.00 Property Owners/Operators/Agents/ Tenants without garbage collection service. (Private or City). $50.00 Individual properties with different ownerships sharing the same service, with or without consent. $25.00 Section 14A-3: Violation Recommended Fine Insufficient garbage receptacle capacity. $25.00 Insufficient frequency of garbage collection. $25.00 Overloaded garbage receptacle(s). $25.00 Lack of/or deteriorated receptacle(s). $25.00 Garbage or miscellaneous trash around receptacle(s). $25.00 Page 1 of 4 Section 14A-4: Violation Illegal disposal of garbage, trash, industrial and bulky waste. Recommended Fine $25.00 Section 14A-5: Violation Recommended Fine Illegal disposal of garden trash, tree and shrubbery trash and/or special $25.00 handling trash. Section 20-11.111 ti Violation Recommended Fine * Gardener(s) without City license. $25.00 Section 14A-12.1: Violation Recommended Fine * Open lid on garbage receptacle(s) $25.00 Creation of health hazard or nuisance. $100.00 r Page 2 of 4 Section 14A-13.3: Violations of Sec. 14A-2, 14A -3.1,14A-6 Private Garbage Contractors only: Section 14A-2: Violation Recommended Fine Dumpster(s) and roll offs placed on public property. $50.00 Dumpster(s) placed by Contractors without Public Works Department permit. $50.00 Section 14A-3: Violation Deteriorated dumpster(s), rusted, decayed, unserviceable. Recommended Fine $25.00 Section 14A-3.1: Violation Recommended Fine Garbage dumpster(s) without lid. $50.00 Section 14A-3.1.4 Violation Recommended Fine * Not removing all garbage trash and bulky waste generated by the account being serviced. $100.00 Section 14A-6 Violation Recommended Fine Dumpster(s) not returned by Contractor to the approved location. $50.00 Dumpster(s) not removed after account is closed. $25.00 Dumpster(s) not sanitized or disinfected after collection. $25.00 Dumpster(s) without Contractor's identification. $25.00 $100.00 Compactors installed without Public Works Department and Building Inspection permits. Contractors providing shared service to properties with different ownership. $25.00 Contractors not providing a minimum of twice per week collections. $25.00 Contractors not reporting a stopped service to the Sanitation Division (temporary or permanent). 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