Ordinance 99-3204 ORDINANCE NO, 99-3204
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING MIAMI BEACH CITY CODE CHAPTER 90, ENTITLED
"SOLID WASTE", BY AMENDING SECTION 90-278 ENTITLED "FEES
AND REQUIREMENTS", BY AMENDING SUBSECTION (1) ENTITLED "
ON-STREET PERMIT FEE;" AND AMENDING SUBSECTION (2)
ENTITLED "OFF-STREET PERMIT FEE;" TO INCREASE ROLL OFF
FEE; PROVIDING FOR CODIFICATION AND 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 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 that by increasing the "Roll Off Fee" from 12%
to 16% is the best means of assuring that the above described interests of the City are served.
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NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF CHAPTER 90 ENTITLED "SOLID WASTE"
That Section 90-278 of the Code of the City of Miami Beach is hereby amended to read as follows:
Sec. 90-278. Fees and requirements.
The permit fees and requirements for rolloff waste container contractors shall be as follows:
(1) On-street permit fee. When the Roll Off is to be located on the street, the permit fee shall
be 42- 16 percent of the licensee's total monthly gross receipts for the month in which the
permit was issued and every month thereafter that the permit is valid. Four barricades with
flashing lights shall be posted. In addition, when the rolloff is to be located in parking
meter spaces, an additional fee shall be as set forth in appendix A per meter, per day. The
use of barricades is mandatory,
(2) Off-street permit fee. When the rolloff is to be located inside private property lines, the
permit fee shall be + 16 percent of the licensee's total monthly gross receipts for the
month in which the permit was issued and every month thereafter that the permit is valid.
* * *
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 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,"
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or other appropriate word.
SECTION 3. SEVERABILITY.
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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.
SECTION 4. REPEALER.
All ordinances or parts in conflict herewith be and the same are hereby repealed.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after its adoption on the 27th day of
September , 19 99 .
PASSED and ADOPTED this 17th day of September , 19 99 .
MA OR
ATTEST:
?&r,Ad etittit
CITY CLERK
1st reading 7/21/99
2nd reading 9/17/99
APPROVED AS TO
FORM& LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:Uci.miami-beach fl us
COMMISSION MEMORANDUM NO. L 31 91
TO: Mayor Neisen O. Kasdin and DATE: September 14, 1999
Members of the City C mmission
FROM: Sergio Rodriguez I
City Manager
SUBJECT: SECOND READING- AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 90,
ENTITLED "SOLID WASTE", BY AMENDING SECTION 90-278
ENTITLED "FEES AND REQUIREMENTS", SUBSECTION (1) ON-STREET
PERMIT FEE; AND AMENDING SUBSECTION (2) OFF-STREET PERMIT
FEE; PROVIDING FOR CODIFICATION AND SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance.
BACKGROUND
This Ordinance was approved on first reading at the July 21, 1999 City Commission Meeting.
The City Administration is recommending a stries of fee changes and operational modifications to
eliminate the current and accumulated deficit of the Sanitation Department.. The Sanitation
Department has a FY 98/99 budget of$4.7 million dollars and operates as an Enterprise Fund. It has
had an accumulated deficit of over $800,000 through FY 98/99. The Sanitation Department has
worked diligently to correct this situation by researching many avenues for new and/or increased
revenues. The Sanitation Department operates with a small field crew of sixty-one (61) employees
who clean the entire City 365 days per year. It is clear that additional services are needed and that
current staffing cannot adequately meet demands. Finding additional revenue sources has become
a priority for the Department.
The City Commission adopted Ordinance No. 97-3070 on January 22, 1997. Adoption of this
Ordinance amended the fee structure and permit expiration dates for rolloff containers serviced by
licensed rolloff contractors. This fee is charged on the rental of containers generally utilized for the
temporary collection of construction debris. The fee was changed from$35.00 per account location
renewed every 60 days,to 12%of the contractor's monthly gross receipts without a time limit(they
AGENDA I 1'EM F
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pay the percentage monthly as long as the container is in service). This change has allowed better
reporting and more consistent enforcement of the City Code by requiring contractors to submit
monthly reports and provide audit and inspection procedures. The attached Ordinance proposes to
raise the rolloff container fee from 12% - 16%. This fee schedule has not increased since January
1997.
ANALYSIS
The current rolloff container fee generates approximately$214,000 annually. It is estimated that the
new fee schedule which would increase the current fee from 12%to 16%of the contractor's monthly
gross receipts will increase annual revenue by approximately $70,000.
It should be noted that members of the Budget Advisory Committee,at their meeting on August 10,
1999, unanimously approved urging the City Commission to support the rolloff fee increase.
CONCLUSION
Adoption of this Ordinance increasing the rolloff fee is one of several Administration
recommendations that will help offset the deficit in the Sanitation Department's annual operating
budget,which is essential to maintain the daily cleaning activities to continue in a City with an ever
increasing demand for improved services.
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