98-3137 ORD
ORDINANCE NO. 98-3137
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 90 ENTITLED, "SOLID WASTE;" REVISING FINE
SCHEDULES FOR VIOLATIONS BY PRIVATE WASTE CONTRACTORS;
REVISING REFERENCES TO THE CITY'S DESIGNATED STASH AREAS
THROUGHOUT THE CHAPTER TO PROVIDE ONLY FOR THE
BA YSHORE STASH AREA; REVISING REGULATIONS PERTAINING TO
FRANCHISE WASTE CONTRACTORS, INCLUDING REGULATIONS
PERT AINING TO SERVICING DUMPSTERS, COMPACTORS, AND
OTHER GARBAGE FACILITIES, SELECTION OF FRANCHISE WASTE
CONTRACTORS, AND RENEWAL TERMS OF EXISTI~~G FRANCHISE
WASTE CONTRACT LICENSES; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and 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 Mayor and 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 Mayor and City Commission finds it in the public interest to retain control
over the use of public rights of ways by waste collectors to ensure against interference with the pubic
convenience, to promote aesthetic considerations, and to protect the public investment in right of
way property; and
WHEREAS, the Mayor and City Commission finds it in the public interest to attract high-
quality waste collectors and finds that this can only be accomplished by protecting capital
investments of said collectors; and
WHEREAS, the Mayor and 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 Mayor and 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.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 90 entitled, "Solid Waste," is hereby amended
in part to read as follows:
CHAPTER 90. SOLID WASTE
Article II. Administration
Sec. 90-40. Fine Schedule for Violations of sections 90-98 - 90-107,;, anti 90-
191 et seq.,;, anti 90-221 et seq.: and 90-228 by private waste
contractors
(a) Violations of section 90-98:
(1) Dumpsters and rolloffs placed on public property
without city permit, per day . . . . . . . . . . . . . . . . . . . . . .. $ 5B:Be 100.00
(b) Violations of sections 90-99 and 90-100:
(1) Deteriorated, rusted, decayed or unserviceable
dumpsters . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . 5B:Be 150.00
(2) Outdoor garbage dumpster(s) without lid ............. ~ 100.00
(3) Failure to remove all garbage and trash placed in the
contractor's container and generated by the account
being serviced .................................. 100.00 250.00
(c) Violations of sections 90-191 et seq. and 90-221 et seq.:
(l) Dumpsters currently in service, overflowing and
generating a health hazard, per occurrence ............ 250.00500.00
(2) Dumpsters not sanitized or disinfected after collection . . . 5B:Be 100.00
(3) Dumpsters not removed after account is closed or
permit or license is revoked . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 100.00
(4) Dumpsters without contractor's identification. . . . . . . . . . . . . . . . 50.00
2
(5) Dumpsters compactors or other garbage facility installed
without permits """"""..",,,,,,,,..,,,.,,.,,..,,..,,..,......,," 1 00.00
(6) Garbage facilities placed by contractor without permit:
a. First occurrence .."""..""""....""".......".".,... 1 00.00
b. Following, per occurrence by same contractor
during same fiscal year ,,,.,,.....,,....,,.,,,,,,.,,,,,,.,,,,,, 200.00
(7)
Contractors not reporting timely a stopped service in
writing to the city manager or his designee (teml10rary
or permanent) . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . .
50.00
(8) Contractor's truck breaking sidewalks, curb and gutters;
contractor's truck driving over sidewalks, curbs, and blocking
pedestrian traffic or breaking water meter, electric meter
or other types or lids on city property, cost of replacement
by city plus:
a.
b.
First occurrence ."""""."".."""......."..""".".",,
Following, per occurrence" . . . . . . , . , . , . . . . , . , , . , , . ,
1 00.00
200.00
(9) Contractors leaving trucks, not servicing accounts, parked
within city limits, per day ...,........................... 100.00
(10) Dumpsters not in service and generating a health hazard
and dumped on city limits prior to removal, per occurrence. . . .. 500.00
Fine for Failure
to Correct in
Specified Time
After Notice
(11) Dumpsters not returned by contractor to the approved
location, per occurrence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50.00
Dumpsters providing shared service to properties with
different ownership, per occurrence. . . . . . . . . . . . . . . . . . . . . . .. 200.00
3
@ Violations of section 90-228:
ill Failure to remove all garbage. rubbish and trash in contractor's container and
placed within immediate area of owner's property line where container is
located and. at a minimum. within a radius of ten (10) feet around the
container
Fine for Failure
to Correct in
Svecified Time
After Notice
a. First occurrence ,.............................. warnmg
b. Following. per occurrence by same contractor
during same fiscal year ,........................... 50.00
(d~) Payment of citys costs, In addition to the above-stated fines, violators must
also pay any costs incurred by the city in the event the city corrects the
violations pursuant to sections 90-36 and 90-37.
(Code 1964, SI4A-33)
Article III. Collection and Disposal
DIVISION 2. COLLECTION
Sec. 90-105. Disposal of garden trash, tree and shrubbery trash, and special
handling garden trash.
(a) Options, All property owners or occupants serviced by the city shall have
two options for disposal of their garden trash and tree and shrubbery trash:
(1) Owners or occupants of property may either containerize garden trash or
bundle tree and shrubbery trash for city collection; or
(2) The owner or occupants may transport such material to ~ regulated stash
areas and deposit it there at their own expense.
(b) Containerized or bundled material. Material that is containerized or bundled
shall be placed at curbside no sooner than the evening prior to the scheduled collection day.
(c) Contractor pickup procedures for garden trash, tree or shrubbery trash:
4
(1 ) Garden trash 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 are to be placed curbside for the
contractor to pick up on a regular collection day.
(2) Tree and shrubbery trash shall be tied in bundles with material strong enough
to support the weight of the bundle, such bundle not to exceed 50 pounds and
to be left at the curb for the contractor to pick up on regular collection day.
(d) Contractor pickup procedures for special handling garden trash. Special
handling garden trash will be collected by the city manager's designee only from city-
serviced garbage accounts scheduled on a date mutually agreeable to the city and the
account.
(e) Fees, All pickup of garden, tree or shrubbery trash is subject to a fee to be set
by the city manager and approved by the city commission.
(Code 1964, S14A-12)
Sec. 90-106. Use of regulated stash areas.
The city has established f! 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 gftl'bagc;...trash or waste as permitted by the ol'erator3 City.
(Code 1964, S14A-13)
DIVISION 3. FRANCHISE
Sec. 90-228. Regulation for servicing dumpsters, compactors and other garbage
facilities.
Garbage collection equipment shall consist of trucks with leakproof and enclosed
bodies with compactors and sanitizing materials in each truck, and covered in leakproof 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 permit 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 section 90-221. Licensees shall return dumpsters and other garbage
facilities to such approved locations after servicing. Compactors shall not be installed without
permits from the city's building services 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 located on public property without a city permit for the location
shall be deemed abandoned and will be removed by the city at the owner's expense, pursuant to
5
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section 90-331 et seq. 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 time while serving accounts. In addition to the required garbage
collection by private waste collectors pursuant to the provisions of this section 90-228 and other
requirements contained in chapter 90. such licensees shall include the collection. only of garbage.
rubbish and trash. as defined in this chapter. up to and within that immediate area of the owner's
private property line where a dumpster. compactor and other garbage facility may be located and.
at a minimum. within a radius often (10) feet surrounding the location of said dumpster. compactor
and other garbage facility. regardless of whether such garbage. rubbish and trash mayor may not be
included or secured with a dumpster. compactor and other garbage facility. Such immediate
collection of garbage. rubbish and trash shall be incOl:porated by licensees as part of their regularly
scheduled service pickups.
(Code 1964, ~14A-16(c))
Sec. 90-229 Selection of franchise waste contractors.
(a) Except as provided in section 90-232, the city shall license not more than five
franchise waste contractors for residential and commercial waste collections and disposal as provided
in section 90-97. 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 the applicant's ability to fulfill all duties and requirements of a
franchise waste contractor as set forth in this chapter, including proper
certification and adequate insurance coverage.
(2) Certification that the applicant has never defaulted on any government
contracts or bid awards.
(3) Evidence that the applicant has the potential for a significant amount of
business within the city, comprised of either a minimum of 50 committed
accounts,;, within the city or. in the alternative. the city commission may
accept. in its sole discretion. 50 comparable committed accounts from outside
of the city.
(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
he has a license, affiliated with as a parent, subsidiary, by virtue of an
interlocking dicertorate or otherwise, an affiliated entity of any existing
licensee or any applicant for a licensee under section 90-191 et seq.
6
(b) If more than one applicant for a franchise waste contractor's license qualify
under the minimum qualifications of this divisions, license issuance shall be determined by the city
commission based upon the greatest number of committed accounts. either within the city or. where
the city commission has so accepted same in its discretion. from outside the city.
(c) 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 section 90-230.
(Code 1964, SI4A-16(d))
Sec. 90-230. Renewal of contracts.
After may 4, 1991, franchise waste contractors' franchise agreements within the city
shall be valid for a period of seven years from the date of contract. At the expiration or earlier
revocation of the franchise, 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 licenses previously issued for an additional seven five-year period. In
deciding to issue new licenses and/or accepting applications from applicants for license, 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 division for the issuance of the license,
(3) The current garbage, trash and waste disposal n~eds of the city, including
without limitation population, demographic and geographic needs and state
and federal requirements.
(Code 1964, SI4A-16(e))
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made a part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon adoption.
PASSED and ADOPTED this 23rd day of September
,1998,
MAYOR 1111!
ATTEST:
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CITY CLERK
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F:\A TIO\AGURIRESOS\SOLIDWST.AMD
1st reading 9/9/98
2nd reading 9/23/98
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~t1~
8
~ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
:tp :\\ci. miami-beach. fl, us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. ~ -3i -9. ~
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: September 23, 1998
Sergio Rodriguez
City Manager
AN ORDIN NCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 90 ENTITLED, "SOLID WASTE;" REVISING FINE
SCHEDULES FOR VIOLATIONS BY PRIVATE WASTE CONTRACTORS;
REVISING REFERENCES TO THE CITY'S DESIGNATED STASH AREAS
THROUGHOUT THE CHAPTER TO PROVIDE ONLY FOR THE
BA YSHORE STASH AREA; REVISING REGULATIONS PERTAINING TO
FRANCHISE WASTE CONTRACTORS, INCLUDING REGULATIONS
PERT AINING TO SERVICING DUMPSTERS, COMP ACTORS, AND
OTHER GARBAGE FACILITIES, SELECTION OF FRANCHISE WASTE
CONTRACTORS, AND RENEWAL TERMS OF EXISTING FRANCHISE
WASTE CONTRACT LICENSES; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
The pending expiration of the City of Miami Beach Solid Waste Franchise Agreements on October
18, 1998, has prompted the review of the Solid Waste Chapter 90 of the Miami Beach City Code.
A series of amendments are proposed. Based upon meetings held with the current waste contractors,
it is the Administration's recommendation to adopt the Ordinance and negotiate renewal of the
franchise agreements with the current haulers. Amending the underlying Chapter of the City Code
is a necessary precursor to approving the individual franchise agreements.
On September 9, 1998, the City Commission approved the Ordinance on First Reading and
scheduled the Public Hearing for Second and Final Reading on September 23, 1998. At the City
Commissioner's direction, the Administration met on September 11, 1998 with the contractors,
members of the Chamber of Commerce and a representative of the Taxpayers Association. The
meeting was positive and productive. All issues regarding proposed amendments to the Solid Waste
Chapter of the City Code were satisfactorily addressed.
AGENDA ITEM
R5~
q -~~-92
DATE
The City Commission also agreed to a 60-day extension with the current haulers. if further
evaluation was deemed appropriate. or if it was determined that the City should issue a Request for
Proposal for Solid Waste contracts. The Administration has met with the franchisees and they do
not want a 60-day extension. The contractors feel that they have agreed to all the proposed
amendments of the Ordinance, and they have expressed a willingness to address all of the City's
concerns. They are anxious to have their contracts renewed for the five-year period which more
closely aligns with their equipment purchase/depreciation.
The Administration believes that the revised Chapter as amended, will greatly increase the City's
ability to keep alleyways and corridors of the commercial districts clean. and at the same time
provide better maintenance and accountability of the City's Franchise Waste Haulers when the new
agreements are approved.
ANAL YSIS
The Administration has proposed a series of amendments to the "Solid Waste" section of the Miami
Beach City Code, Chapter 90. These amendments include: revising references to the City's
designated stash areas throughout the Chapter and providing only for the Bayshore stash area, and
other regulations designed to improve physical conditions of dumpsters, compactors and other
garbage facilities within the City's commercial districts and the environs surrounding them; making
the containers more aesthetically acceptable; and, making the franchisees more accountable,
including an increase in fines. In addition, the commercial haulers have also agreed to financially
contribute quarterly (based on a percentage of their gross) to a program developed specifically to
address the removal of garbage, trash, debris, and bulky waste from the public right-of-way.
The Administration has held a series of meetings with the five Commercial Solid Waste Franchisees.
The five are: Browning Ferris Industries, Waste Management, Davis Sanitation, Lazaro, and
Environmental Waste Systems. The purpose of these meetings has been to identify problems the
haulers are having which inhibit delivery of better service, and also to express the City's
dissatisfaction with conditions which currently exist. Those meetings have resulted in the proposed
amendments to the City Code, and greater assistance and better communication with the Sanitation
Department. The Administration believes that approval of this Ordinance will improve the delivery
of service by the City's franchisees.
CONCLUSION
Approval of the Ordinance will update Chapter 90 of the City Code and enable the City to create
better agreements with the commercial haulers, requiring them to be more responsible for the
accounts they service, and the City at large. It is the Administration's recommendation to adopt the
Ordinance and use this as the basis of renewing the franchise agreements with the City's current solid
waste haulers.
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