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Ordinance 1621� I ' . � s � � . , . . . . � � � • ' � y • � ♦ • • • � • � . ' � a � . � • ( • • � � � ORDINANCE N4, 1E21 AN ORDINA�iCE AMENDIN� "THE C4DF Ok' i`T3E CITY OF MTAMI BEACH, FLORIDA" BY AD132NG A NEfnT CHAPTER 'I'HERETC3, TO BE Iii�T4WN AS CHAPTER 47 AND PRUVID-- ING FO�t A SERVICE CHARGE �OR THE COLLECTION AND DISPOSAL t�' G�RBAGE, TRASH AND WA5TE FR4M RESIDENCES AND COMNlERCIAL ESTABLISHMENTS; AUTHORZZ ING THE IMPflS �TiON 0�' A LIEN UPQN' REAL ESTATE FOR F'AILCIR� TO PAY THE SAME; piND PROVID� IL�iG A PENALTY FOR V I�LATIONS . BE IT ORDAINED BY THE CI'T`Y CDUNCIL OF Ti� CiTY OF M�AMI BEACH, FLQRiDA: SECTIt)N 1: T�hat "T'he Code of the City of Miami. Beach, Florida" be and the sarne is hereby amended by adding a new �hapter thereto, immediately follawing Chapter 46, to be numbered and to read as follows: "CHAPTER 47 -� GARBAGE DTVISI4N l. IN G$NERAL Sec. 47--1. Definitions The following words and phxa�es, when used in this chapter, shall, for the �urpose of the chapter, have the me�.aings respectively assigned to them as follows: Apartment� A dwelling �ontaining niore than two dwelling units and in which the majority af the dwell- ing units contain kitchen facilities. T'he tern� "apart- ment" shall include apartment hauses, bungalow courts and all other dwellings af s�imi.lar characier, 3�ut not to include hQtels. Commercial. An establishmen� dealing in �wholesale or retail trade or s�rvices ana shall include ladges, churc�es, sehools and all other places where garbage or trash may accumulate, not specifically described herein. Duple�, A detached building, divided horizontal.ly or vertically and designed for or accupi�d by two single family housekeeping units. Garbaqe. Every refuse accumulation of animal, fruit o►r vegetable matter that attends the preparation, use, cooking and dealing in� or storage ot, meats, fish, fvwl, fruit or vegetables, and any other matter, of any naturc whatsoever, which is subject to deca�, putre�ac- tion and the generation of naxious or offensive gases or or�ors, or which, during or a�ter decay, m,ay serve as breeding ar feeding material for flies or other germ-- carrying insects. Garbage Can. An approved container connnonly sold as a garbaqe can, of a capacity not less than 10 gallons �i� and not ta exeeed 3� gallons, and such can shall have two handles upon the sides of the can, or a bail by whic�i it may be lifted, and shall hav� a tight--fitting solid tap,. Hot�l. A building containing ten or more dwelling units snd in which the majority of the dwelling units do not contain kitchen fac3.lities and is li�ensed as a hotel. Industrial Wasteg. �he wastes and d�bris fram briCk, �oncrete biock, roofing shingle or tile plants; debris arid wastes accumulated from land cle�ring, exca- vating, building, rebuilding and altering of buiidings, structures, roads, streets, �ide��all�s, or parkways; and any waste materials which, because of their volume or na�ure, do not lend t.hemselves to coilection and incin- eration co�mingled with ordinary garbaqe and trash. KitCh�n Faci.lity. A facility for preparing food containing a sink with running water, a stove and a refrigerator. Person. corporation, tse or other *nasculine or �ither an individual, firm, partnership, as�ociation, executor, aclministrator, �rus-- legal entity, whether singular or plural, �emi.nine, as the context may require. Residence tSingle �'amily} . A detacl�ed bui�ding des�igned for or occupied exclusive�.y by one family. Restaurant. Every establishment maintained and operated as a place where food is regularly prepared, served or sold for immediate consum�tion on or about �.he premises, and every establishment preparing food ta �e called for, delivered to ox� taken out by customers, not otherwise provided for herein. Roominq Houses. A building con�aining less ten dwelling units and in which the majority of dwelling units do not contain kitchen �acilities licensed as a raoming house or boarding house. ��ash. Refuse ac�umulations of paper, excelsa.or, rags or wooden or paper baxes or con�ainers, sweeping�, and all o�her accumuiations of a»ature other than gar- bage, which are usual �o house�Ceeping and to the Qpera-- tion of stores, offices and other business pl.aces; and any bottles, cans or other containers, which, due to their abilit� to retain water may serve as breeding places far mosquitoes or other water-breeding insects; "trash" shall not inciude "industrial wastes", as de f ined above . Tr�sh Container. Any eontain�r other than a gar%age can apprc�ved b� t�e Public works Department. • t , � • � ` • k , � DIVIS3UL�I 2. ACCUMULATIDN AND REMOVAL OF GARBAG$, TRA3%3 AND INDUST-� RIAL �AS3'E3. Sec. 47-2. Location of cans and containers. Garbage cans arid trash cantainers shall be kept together in a place accessible and acceptable to the emgloyees of the Public �1r�rks Department of the City of Miami Beach and shall not be kept upon Ci.ty or public property or neighboring property not in the c�wnership or tenancy of the persons by wham the garbage or trasi� is accumulated. whether such neighboring propesty be vacant or i.mproved. W'henever premises abut upon an alley, the ga=bage cans and trash containers ahall be placed within easy and convenient acees� from such alley. .. , . . Sec. 47-3. Condition of container� - inspection. All garbage cane and trash containers shall be maintained in good condition and repair. Al1 such re- -. ceptacles shall be provided with a cov�r sufficiently tight to prevent f3.ies or other ix�sects from havinq access to the contents of the receptacles. Containers in whieh wet garb�qe or trash matter is plaCed shall be water tight. All garbage caris and trash containers shall be subject to inspection and approva�. or condem- �-nation by the Inspectors of the Publi� Works Department of the City of Miami Beach, and no mppeal from such condemnation shall be passible except to the Director of the Public t�torks Department of the City of Miami Beach. Collection service may be stopped, where con- tainers have been condemned__ �s ... unfi�..�_- uxx�t.i]._ p�cflPe� �� containers --are-_.��cc��d":._ Sec. 4?-4. Illegal disposal of garbage. It shall be unlawfu�, and subject to the penalties provided in t�.hi.s ordinance, to deposit garbage upon any vacant, accupi�d a� unaecupied premises within the City of Miami Beach, or upon any street, alley, parkway or park, or in any �anal, waterway, bay, ocean, pool or lake, wit�in �he City of Miami Beach. Sec. 47-5. Removal of industrial wastes. Industrial wastes, as defined herein, must be re�-- moved by the awn�r, oc�upant, operator or contrac�or performing such work, or o�.I�er person c�eating or caus-- ing-�e.accumulation of suc� materials, as the case may be. Sp�nt oils or greases a��umulated at garaqe, filling stations or sirnilar establishments will not be removed by the City af Miami Beach. _ - 3 � �. , r , : . t.. d,, DIVISION 3. LICENSE AND PERMITS F'OR PRIVAT� GARBAGE AI�TD TRASH DISPOSAL. Se�c. 47-6. Licenses. No person shall remove garbage or trash from any premises in the City of Miami Beac�. or transport garbage or trash through the streets or alleys or gublic ways of tbe City of Miami Beach, or contract for or permit himself to be employed or engaged for any such removal, transportation or disposal without first having secured a license for such s�rvices frcun the City Clerk of the City of Miami Heach, evidencing the payment to the City of Miami Beach of the necessary license fee as provided and required by the Occupational License ordinan�e of the City. Hefo�e issuing any such license, the City Clerk shall require the execution of an applicatian fornl� to be furnished by him, showir�g the name or names of the person or persons to be licensed, or, in the case of a corparation, the nam+es of the principal officers;` and the name of the person or persons who are to actually pertorm such services for the corporation, together with the business and home addresses of each such person; the description of the equip- m�nt t+� be used in such removal, transportation and disposal;and the exact location oi and the method oi disposal. Said applic- ation shall be submitted to and appraved by the Director of the Public Works Department of the City of Miami Beach as a prerequi- site to the fssuance of the license. The Apglicant shall provide evidence that the disposal of garbage at the point named, and by the method described in the application, are sa�isfactory to the proper authorities of Dade County or ot the municipality, if such point be within a municipality. No li�ensee under this aection shall change any of the personnel named in such application, nor any of the equipment used for removal or transportation, nor the lacation or method af disposal, as desc�ibed in such application, without fir�t_h�ving reported such changes to the Directo= of Public Works and �ecured his approval and permission therefor, and in the case of changes in the location and method of disposal, such changes shall also be approved by the proper authorities of Dade County or of the municipality within which such disposal , point is located. T'he City of Miami Beach hereby res�rves t�he right to reject ar�y such application without the neeessity for showing cause for sueh action, provided sueh contractor undertakes to perform work not in the best interests of the City of Miami Beach. The licensed contractor shall provide the Public Works Director with a list of account� and said list shall be updated wheM changes oce�r. Before issuing any license hereunder, the City Clerk shall require the applicant to �ile with him a compre- hensive general liability insurance policy with minimum li.mits for bodily injury of $100,000.00 for injury to one person and $ 300, OQ4.04 ior on�e accident, and for property dama�e of $25, Q00. �0 in one accident and $5Q,000.00 aggregate. Saa.d policy shall set forth an endorsement to �ave and hold harmless the City from any liability or damage whatsoever for all claims for bodily injury to the public and all damage to property of others resul�ing from any and all acts of omission and commission of and by the appli- cant, his agents, servantss or employees . r � � DIVIS30N 4. FEE3 Sec. 47-7. Fe�s for City coliection service - Gen�ral. Except as herein at��rwise provided, all residents, occupants or awners of premises in the City of Mianai Beach for the service o� garbage and trash removal and disposal, ax�d/or for ti�e availability of such scrvice, shall pay tl�e City o� �liami Beach the fees set forth herein. Sec. 47-6. Liability �or fees. In case of all buildings situsted in all areas of the City, it shall b� th� responsibility and iiability of the owner th�reof to pay the proper �ervice fee and to furni�h tl�e necessary numbers of garbage cans and trash containers tor such buildinq in accordance v�ith the estabZished need there�or as determined by the Director of Public �orks. In the case of a�o�nercisl establishraent in the same building with a re��dential unit or with another cormnercial establ3.$hmentr �ven though under the same ownership, shall not be consi.dered a part of such re�idential unit or other corr�ercisl es- tablisl�ment, but shall be treated as a separate connner- cial establishrnent upon which a separa�e �raste fee s'hall be due. The operator of a prin�ipal busin�s8 on a prerc� ise ahall be consfdered as the operator of any leased department conducted as a part of or along witl� the principal busi�►ess for the purpos� of fixing responsi- bility of paying the necessary g�rvice fee and furnis'�- ing the necessary garbage and trash containers. Stores, etc. should paint their na�ne and street number on their cans to prevent the€t and use by athers. Sec. 4'7-►9. Fr�ima Facie Accumulation. The fact that any place of abode or any place of business is occupied ahall be prima facie evidence th�t garbage and/or trnsh is being produced and accumulated ugan su� prem3.ses, and tha� fees for the coilection and disposal thereof are due the City of Miami Beach. Sec. 4?-lU. Wrhen fees are payable. The annual fees prescribed herein are payable in advance for one year beginning october l of each year. �Fees fo� collectiona in excess of the maximum allawable foz the annual fee and at the rates prescribed herein are payable monthly and due when billed� Fees for new occupancies will be fixed on a pro rata bas�s cam�aenc- ing on t�e date af issuance of c�rtificate of occupancy or evidence of occupancy. No refunds will be made. Pro-� vided, hawever, that the fe� payable hereby for the per- iod of January 1, 196? ta September 30, 1967 shall be in the amaunts herein set for�h and shall be payable upon billinq by the City in accordance witb �dma.nistrative reg�- uiations to be promulgated by t�.l�e City Maannaqer. - 5 - , • _ • � . . . • • ;. � , . Sec. 49-11. Liens and penalty fQr delinquency in payinent of fees. All servic� charg�s becomirtg due and payable on and after the effective date of this ordinanc� shall constitute, and are hereby imposed, as special assess- ment li�ns agaix�st the real property aforesaid, and, until fully paid and dischargec�, shall remain liens equally in rank and digni�y with the City ad valorem taxes, and superior in ranlc and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involv�d. Such service charges shall become delinquent if ot fully paid with- in sixty (60) days after due date. All delinquent ser- vice charges shall bear a penalty o four �4�6) per cent and if not ful.ly paid, with all accru�d penalty assess- mcnts, by the due date of the next succeeding service charge payment, an adr'litional four �49b) p�r cent penalty shall be added succesaively for each period until fully paid� Unpaid and delinquent service charges, together with all penaltie� i.mposed thereon, shall remain and constitute special assessment lien� against the real property involved. Such special assessment li�ns for service Charges and penalties shall be enfarced by any of the methods provided in Chapter Sb, Florida Statutes, or, in the aiternative, foreclasure proceedinqs may be instituted and prosecuted under the provisions of C�ap�- ter 173, Florida Statutes, ar the collection and enforce- ment of payment thereof may be accompli�hed by any other method author�.zed . by law. Sec. 47-12. Receipts for payment of fees. Upon payment caf iees prescribed herein, the City shall issue a receipt evidencing the payment of such fees for the cu�rent period for which said f�es were paid. � �� Sec. �l7-13. Schedule of fees for collection and dis- posal of garbage and trash. A. Residence iSing�.e Family� B. Duplex C. D. Apartments Hotels, Rooming Houses E. Con�nerci.al: l. Offices and places not engaged in sales of goods 2. Commercial establishments, or any place engaged in the sale of goods $ � . 60 pe r year 6.60 per year per unit 3.30 per year per dwelling unit 3.30 per year per dwelling unit f . �0► per year 23.10 per year for 3 cans not to exceed 30 gallons each Additional can�, $7.?G pe� year each. - 6 - ������������������������ ��.�� ������� �� ��������������������� ��� � • . . 3. Restaurants, including those in hotels or other buildings _ •, � '. _ . . n , . . . $ 3.30 per seat per year Provided, hawever, that for the period beginning February l. 1967 to September 34, 1967, the fees shall be in the amounts hereinabove set forth. The Director of Public works, with the approval of the City r�tanager, shall have the authority to adjust base fees upwards or do�wnwards, as the case may be, where, in particular instances, the accumulation of refuse exceeds or falls belo�a that for which said 'base fee iss established. DIV=SION 5. PENALTIES 1� Sec. 47-14. Penalties. Any person found guilty of violation of any of the provisions of this Chapter shall be punished as� provided by Section 1.8 of this Cade." SECTION 2. T'hat all ordinances or parts of ordinances in conflict herewith be and the san1e are hereby repealed. SECTION 3. T`hat in the event any section, subsection, sente�ce, clause or phrase of this ordinance shall be adjudi- cated invalid or unconstitutional, such ac� judication si�a].1 in no manner affect the other sections, subsections, sentences, clauses or phrases af this ordinance, which shall be and remain in full force and effect as fully as if the section, subsection, senter�ce. clause or phrase so adjudqed invalid or unconstitutional was not originally a part hereo�. SECTION �, That this ordinance shall beco3ne effective as of �'ebzuary l, 296'� . PASSED and AD4PTEA this 15th day of Decembe Mayor . ATTES T : � City Cle k lst reading - November 23, 1966 2nd reading - November 23, 1966 3rd reading - December 15, 1966 POSTED - December 19, 1966 -7- b6. � 0 . . ,. . � ,. . . ' + . „ , � . „ STATE OF FLORIDA COUNTY �F DADEe �� � I, Ro ��i�Io Le JOHiVSON, Gity Clerk in and �or the City of Tv�i.ami Beach, Florida, do hereby certify that Ord� nance i�To 0 1621 enti�led � "AN ORDINANCE �MENDING ' THE CODE OF THE CITY OF MIP;MI BEACH, FLORIDA' BY ADDING A NEW CHAPTER ZHERETO, TO BE KNOWN AS CHAPTER 47 AND PROVIDING FOR A SERVICE CHARGE FOR THE COLLECTION AND DISPOSAL OF GARBAGE, TRASH AND WASTE FROM RESI- DENCES AND COMMERCIAL ESTABLISHMENTS; AUTHORIZING THE IMPOSITION OF A LIEN UPON REAL ESTATE FOR FAILURE TO PAY THE SAME; AND PROVIDING A PENALTY FOR VIOLATIONS r"' having been passed and adopted by the City Council of the City oi ��tiami Beach, Florida, has been �osted by me in three cons�icuous places in the City of l�iiami �each� one o� which was at the door of the City Hall in said City on the 19th day of December, 1967,and tha� said Ordinance remained nosted for a�eriod o� at least thirty days in accordance witlz the rec�uirements of the Cit�r Charter o� the said City of r�iami Beach o It�i' V��ITNE�5 WHFREOF I have hereunto set my hand and affixed the official seal oz the City oi Miami Beach� Florida, on this the 15th da1� of February, 1967. / �� ��,� �.. :. _:�� � � r, r•. a ,_._ .�. � � . r p ?,, " ,� , . � •v C � ., h � _ ��M .. 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