Ordinance 2022-4493 ORDINANCE NO. 2022-4493
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90,
ENTITLED "SOLID WASTE," BY AMENDING ARTICLE IV, ENTITLED
"PRIVATE WASTE CONTRACTORS," BY AMENDING DIVISION 4,
ENTITLED "SPECIALTY CONTRACTORS," BY AMENDING
SUBDIVISION II, ENTITLED "ROLLOFF/PORTABLE WASTE
CONTAINER CONTRACTORS," BY AMENDING SECTION 90-276
THEREOF, TO PROVIDE FOR AN ANNUAL ADJUSTMENT FOR
ANNUAL ROLLOFF PERMIT FEES TO REFLECT INCREASES IN THE
CONSUMER PRICE INDEX; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on December 8, 2021, the Mayor and City Commission adopted
Ordinance No. 2021-4456, establishing an annual Rolloff permit fee in the amount of
$1,000.00 to offset the City's administrative and processing costs; and
WHEREAS, the City Administration recommends amending the language in
Section 90-276(2) to provide for annual administrative adjustment to the fees to reflect
increases in the Consumer Price Index for the Miami- Fort Lauderdale-West Palm
Beach, Florida area, pursuant to Section 1-15(b) of the City Code.
WHEREAS, the amendments set forth below are necessary to accomplish the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Sections 90-276 through 90-278 of Article IV, entitled "Private Waste
Contractors," of Chapter 90 entitled "Solid Waste," of the Code of the City Miami Beach
are hereby amended as follows:
Chapter 90. SOLID WASTE
* * *
Article IV. Private Waste Contractors
* * *
Division 4. Specialty Contractors.
* * *
Subdivision II. Rolloff/Portable Waste Container Contractors
Sec. 90-276. Permit required.
Except as provided elsewhere in this chapter, no person shall engage in the
business of removing or disposing of construction and demolition debris or large
quantities of trash from any premises within the city limits without first securing a
permit for such activities from the city by:
(1) paying the business tax receipt amount as set forth in chapter 18. However,
franchise waste contractors shall not be required to obtain a separate business
tax receipt to service rolloffs or portable containers within the city.
(2) Paying an annual permit fee in the amount of $1,000 to cover the City's annual
administrative and processing costs. The rate in appendix A pertaining to this
subsection will be administratively adjusted annually by the city manager,
effective October 1st of each year, to reflect increases in the Consumer Price
Index for the Miami- Fort Lauderdale-West Palm Beach, Florida area, pursuant to
Section 1-15(b) of the City Code. to reflect incrcase(s) or decrc\asc(s) in the
Consumer Price Index for all urban consumers, CPI U; and
(1) Showing proof of insurance, as required in section 90-196.
Sec. 90-277. Permits required.
SECTION 2. Attached to this Ordinance is amended Appendix A, establishing an
annual Rolloff permit fee.
SECTION 3. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, 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 as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed
to "section" or other appropriate word.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this del day of ` 2022.
ATTEST:
JUN 2
3 2022 Dan Gelber, Mayor
Rafael E. Granado, City Clerk
Underlines denote additions s
Strikethrough denotes deletions 1NCURP ORATED`
,,y, .• ®...:;�a=
(sponsored by Commissioner Mark Samuelian) ''�H 26-,'
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attarnec Date
Ordinances- R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: June 22, 2022
10:15 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90, ENTITLED
"SOLID WASTE," BY AMENDING ARTICLE IV, ENTITLED "PRIVATE
WASTE CONTRACTORS," BY AMENDING DIVISION 4, ENTITLED
"SPECIALTY CONTRACTORS," BY AMENDING SUBDIVISION II,
ENTITLED "ROLLOFF/PORTABLE WASTE CONTAINER
CONTRACTORS," BY AMENDING SECTION 90-276 THEREOF, TO
PROVIDE FOR AN ANNUAL ADJUSTMENT FOR ANNUAL ROLLOFF
PERMIT FEES TO REFLECT INCREASES IN THE CONSUMER PRICE
INDEX; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Mark Samuelian
ATTACHMENTS:
Page 458 of 1232
Description
D Commission Memorandum
D Ordinance
Page 459 of 1232
OFFICE OF THE CITY ATTORNEY
RAFAEL PAZ, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR DAN GELBER SECOND READING
MEMBERS OF THE CITY COMMISSION
ALINA T. HUDAK, CITY MANAGER
FROM: RAFAEL PAZ, CITY ATTORNEY
DATE: JUNE 22, 2022
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90,
ENTITLED "SOLID WASTE," BY AMENDING ARTICLE IV, ENTITLED
"PRIVATE WASTE CONTRACTORS," BY AMENDING DIVISION 4,
ENTITLED "SPECIALTY CONTRACTORS," BY AMENDING
SUBDIVISION II, ENTITLED "ROLLOFF/PORTABLE WASTE
CONTAINER CONTRACTORS," BY AMENDING SECTION 90-276
THEREOF, TO PROVIDE FOR AN ANNUAL ADJUSTMENT FOR
ANNUAL ROLLOFF PERMIT FEES TO REFLECT INCREASES IN THE
CONSUMER PRICE INDEX; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
The attached Ordinance was prepared at the request of Commissioner Mark Samuelian,
the sponsor. The Mayor and City Commission approved the Ordinance on first reading at
the May 4, 2022 City Commission Meeting.
On December 8, 2021, the Mayor and City Commission adopted Ordinance No. 2021-
4456, establishing an annual rolloff permit fee in the amount of $1,000.00 to offset the
City's administrative and processing costs.
The City Administration recommended amending the language in Section 90-276(2) to
provide for annual administrative adjustment to the annual fee to reflect increases in the
Consumer Price Index ("CPI") for the Miami-Fort Lauderdale-West Palm Beach, Florida
area, pursuant to Section 1-15(b) of the City Code. If adopted, this amendment will allow
the City Administration to consistently apply the same CPI moving forward.
RAP/FA/ag
Page 460 of 1232