Loading...
R5D-Amend Recycling Ordinance -Wolfson-COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending The Definitions In Article I, Entitled "In General," By Amending Section 90-2, Entitled "Definitions"; By Amending Article li, Entitled "Administration" By Amending The Penalties For Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For Multifamily Residences And Commercial Establishments; By Creating Article V, To Be Entitled "Citywide Recycling Program For Multifamily Residences And Commercial Establishments," To Provide Provisions For Recycling Requirements And Enforcement, A Public Education Program, A Warning Period, An Enforcement Date, Collector Liability, A "Red Tag" Noticing System, Penalties, And Special Master Appeal Procedures; Providing For Repealer, Severability, Codification, And An Effective Date. Key Intended Outcome Supported: Enhance the Environmental Sustainability of the Community. Supporting Data (Surveys, Environmental Scan, etc.): The waste haulers operating in the City have reported that approximately 1 ,558 multifamily and commercial establishments within the City of Miami Beach are currently not participating in the County-required Recycling Program. Issue: I Shall the Mayor and City Commission defer the Ordinance? Item Summary/Recommendation: At the July 13, 2011, Commission Meeting the item was referred to the Sept. 26, 2011 Finance and Citywide Projects Committee (FCWPC) meeting. The FCWPC directed the administration to conduct a Recycling Workshop, held on October 24, 2011.At the Workshop, Commissioner Gongora indicated that the item would be further discussed at the Sustain ability Committee prior to referral to the FCWPC to discuss funding. At the November 15, 2011, meeting of the Sustainability Committee, a vote to revise the ordinance to more closely reflect the Miami-Dade County ordinance passed with the following recommendations: • Include a robust educational program • Reduce the fine amounts • Introduce an enforcement component; although the County ordinance provides for enforcement, no enforcement is provided by the County. Based on the above, recommendations, the proposed revised ordinance will undergo significant modifications and the Administration therefore recommends that: this item be opened and continued; the City Commission direct the Administration to rewrite the ordinance; and that the revised ordinance be presented to the FCWPC before First Reading. Advisory Board Recommendation: Land Use and Development Committee at its December 13, 2010 meeting recommended approval of this Ordinance. Finance and Citywide Projects Committee at its June 23, 2011 meeting recommended approval of this Ordinance with the above mentioned recommendations. Financial Information: Source of Amount Funds: 1 OBPI Total r Assistant DRB MIAMI BEACH 223 Account AGENDA ITEM DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~. / January 11, 2012 l) D FIRST READING DATE: SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI BEACH CITY CODE, ENTITLED "SOLID WASTE," BY AMENDING THE DEFINITIONS IN ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 90-2, ENTITLED "DEFINITIONS"; BY AMENDING ARTICLE II, ENTITLED "ADMINISTRATION" BY AMENDING THE PENAL TIES FOR SOLID WASTE VIOLATIONS AND TO PROVIDE PROVISIONS AND PENAL TIES RELATIVE TO RECYCLING FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS; BY CREATING ARTICLE V, TO BE ENTITLED "CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS," TO PROVIDE PROVISIONS FOR RECYCLING REQUIREMENTS AND ENFORCEMENT, A PUBLIC EDUCATION PROGRAM, A WARNING PERIOD, AN ENFORCEMENT DATE, COLLECTOR LIABILITY, A "RED TAG" NOTICING SYSTEM, PENAL TIES, AND SPECIAL MASTER APPEAL PROCEDURES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATDN At the July 13, 2011, Commission Meeting the item was referred to the Sept. 26, 2011 Finance and Citywide Projects Committee (FCWPC) meeting. The FCWPC directed the administration to conduct a Recycling Workshop, held on October 24, 2011.At the Workshop, Commissioner Gongora indicated that the item would be further discussed at the Sustainability Committee prior to referral to the FCWPC to discuss funding. At the November 15, 2011, meeting of the Sustainability Committee, a vote to revise the ordinance to more closely reflect the Miami-Dade County ordinance passed with the following recommendations: • Include a robust educational program • Reduce the fine amounts • Introduce an enforcement component; although the County ordinance provides for enforcement, no enforcement is provided by the County. Based on the above, recommendations, the proposed revised ordinance will undergo significant modifications and the Administration therefore recommends that: this item be opened and continued; the City Commission direct the Administration to rewrite the ordinance; and that the revised ordinance be presented to the FCWPC before First Reading. 224 City Commission Memo -Recycling Ordinance, First Reading July 13, 2011 Page 2 of7 BACKGROUND Commissioner Jonah Wolfson worked with the City Attorney's Office and City Administration, as well as members of the City's Sustainability Committee, on a proposed ordinance that would require mandatory recycling for multifamily residences and commercial establishments in the City, via the establishment of a City of Miami Beach Mandatory Recycling Enforcement Program. Currently, Miami-Dade County Code (Sections 15-2.2 to 15-2.4) requires multifamily and commercial establishments to have a recycling program. However, as a result of multiple issues, including fiscal constraints at the County level, the County Code requirement to demonstrate a recycling program is not adequately or comprehensively enforced. It is believed that approximately 1 ,558 multifamily residential buildings and commercial establishments within the City of Miami Beach are currently not participating in the County-required recycling program. This is approximately 30% of all known commercial and multfamily accounts. The proposed ordinance (Attachment A), which is an amendment to Chapter 90 of the City Code, would establish more stringent requirements than the County and require multifamily residences and commercial establishments in the City to recycle pursuant to the requirements of a City of Miami Beach Recycling Program. This proposed program would require that multifamily and commercial establishments not only have a recyling program in place, but it would also mandate that recyclables be recycled. Multifamily and commercial establishments would receive fines if recyclables were found coming led with their solid waste or vice versa. The County Code (Section 15-2.5) gives the City the authority to establish and enforce its own Ordinance, provided such Ordinance is equivalent to or more stringent that the County's provisions. Single-family homes and multifamily buildings with eight (8) units or less are already provided weekly recycling services via Miami-Dade County's Curbside Recycling Program, which was done through an Inter-Local Agreement (Agreement) entered into on June 14, 1990. The Agreement authorizes the County to act on the City's behalf in the administration of the contractforthis recycling service in the areas of municipal jurisdiction. The current number of households served by Miami-Dade County within the City of Miami Beach is 6,498 units. The contractor that currently provides the service to Miami Beach through the Agreement is World Waste Services. Commercial facilities and multifamily residences with nine (9) or more units are required by Miami- Dade County to hire, by means of a contract, a private hauler for their regular trash pick-up, recycling and bulk pick-up. Miami-Dade County Code Chapter 15 entitled "Solid Waste Management", Sections 15-2.2 through Sections 15-2.5 requires the following: • Owners/Property owners of commercial establishments in Miami-Dade County must provide a recycling program for their employees and tenants, using the services of an authorized waste hauler or private recycling hauler. • The program must recycle three (3) items from the following list often (1 0): high-grade office paper, mixed paper, corrugated cardboard, glass, aluminum, steel, other scrap production metals, plastics, textiles, and wood. • Modified Recycling Programs -those that incorporate modifications, substitutions or reductions to the requirements stated above -may be submitted to the Department of Solid Waste Management for review and approval. DEMOGRAPHICS The City has approximately 85,536 residents, and 66,327 total households; of which approximately 6,498 households are on City solid waste and recycling service, which would be excluded from the requirements of this Ordinance. The remaining 60,000 units are contained in approximately 1,500 multifamily residential buildings with eight (8) units or more, which would be subject to the parameters of the multifamily residential component of the ordinance. The City has approximately 225 City Commission Memo -Recycling Ordinance, First Reading July 13, 2011 Page 3 of7 3,624 commercial units. CURRENT ENFORCEMENT On September 1, 2009, the Miami-Dade County Multifamily and Commercial Recycling Memorandum of Understanding (MOU) between the City of Miami Beach and Miami-Dade County- Department of Solid Waste Management (SWM) was approved. Under the MOU, the County agrees to enforce recycling under County Code Chapter 15, Sections 15-2.2 through 15-2.5 within the City of Miami Beach. When facilities are found to not have a recycling program, the County issues the offending party a warning notice followed by a notice of violation that may include fines as delineated in Miami-Dade Code Chapter ace-entitled "Code Enforcement". In 2007 -Oa, the County collected a total of $11 ,550 in fines Countywide for non-compliance with their recycling ordinance. On March 29, 2010, the City provided Miami-Dade County Solid Waste Management (SWM) with a list of 434 addresses from the waste haulers' multifamily and commercial accounts that were not recycling. In August 2010, the County initiated a proactive inspection approach to enforcement. Since August 2010, the County has inspected a total of 203 multi-family residences and 27 commercial establishments. If facilities were found to not have a recycling program, the facilities were issued a warning notice followed by a notice of violation that may include fines delineated in Miami-Dade Code Chapter ace entitled "Code Enforcement". However, in October 201 0 the County returned to a compliant-driven approach with an emphasis on education. In January 2011, the City franchise waste haulers provided the Public Works, Sanitation Division, with an updated list of Miami Beach commercial facilities and multifamily residences that do not have a recycling program in place. The list included the 1 ,55a establishments previously noted, which represents 30% of known commercial and multifamily accounts that are estimated not to have a recycling program. The percentage of non-compliant facilities that have received fines since January 2011 is unknown. Based on SWM complaint-driven approach that focuses more on education than issuance of fines, this number is anticipated to be low. PROGRAM ANALYSIS The proposed Ordinance seeks to establish a comprehensive and aggressive Citywide Recyling Program for multifamily residences and commercial establishments. The proposed Ordinance, is more stringent than the County's requirements because it expands the scope of required recylables. The City would develop a process by which all multifamily residences with nine (9) units or more would be required to use a single-stream recycling process that includes all five (5) of the following recyclable materials: newspaper, glass, metal food and beverage containers, other metal containers, and plastics. In addition, at least three (3) of the following recyclable materials must also be recycled: corrugated cardboard, magazines and catalogs, telephone books, office paper or organic material. Commercial establishments would be required to recycle at least three (3) materials from the following: mixed paper, glass, metal food and beverage containers, other metal containers, plastics, textiles, wood or organic materials. The proposed Ordinance stipulates that it is a violation for multifamily residences or commercial establishments to have recyclable materials in any place other than in a recycling container. In addition, the existence of recyclable materials inside a recycling container for seven (7) consecutive days constitutes evidence that a multifamily residence or commercial establishment is not providing regular recycling service that would be required by the provisions of this ordinance. In addition, the absence of recyclable materials in a recycling container for seven (7) consecutive days constitutes evidence that a multifamily residence or commercial establishment is not separating recyclables from their solid waste stream and is thus in violation of the provisions of theOrdinance. Enforcement of the proposed Ordinance would require recycling inspectors to inspect the contents of both the solid waste and recycling containers in order to ascertain compliance. These enforcement efforts can be driven on a complaint basis, through a proactive inspection schedule, or 226 City Commission Memo -Recycling Ordinance, First Reading July 13, 2011 Page 4of7 through a combination approach. The Sustainability Committee recommended that a hybrid approach be utilized to achieve the greatest level of compliance. The proposed Ordinance also includes a "red tag" noticing system. Waste contractors and recycling contractors are required to notify their customers with a "red tag" identifying incorrect materials found in the either the solid waste or recycling container. After issuing two (2) tags, the contractor may refuse collection service and include on the subsequent tag a description of the action that must be taken for the materials to be collected. If the recycling contractor continues to find incorrect materials in a collection container, it is required to report the customer that has violated the separation requirements to the City. The proposed Ordinance provides that the contractor would be subject to fines and penalities if it collects such commingled materials and waste. According to the parameters of the proposed recycling Ordinance, if commercial establishments, multifamily residences, or waste haulers are found to be in non-compliance with the proposed amendments, the following penalties would be prescibed: a) For the first violation, a warning or a fine up to $350.00. b) For the second violation, a fine of up to $500.00. c) For the third violation, a fine of up to $1 ,000.00. d) For the fourth and subsequent violations, a fine of up to $5,000.00. The proposed Ordinance does not include a fine accrual provision, which is found in many of the City's similar fine structures. The Administration recommends that the Committee explore the possibility of adding an accrual provision to encourage compliance. The proposed Ordinance calls for one ( 1) year of Public Education Program followed by a six (6) month warning period before penalties would be issued. During the education and outreach period, the City would implement an aggressive public education campaign to inform the public of the new requirements. This would entail comprehensive community outreach through the Chamber of Commerce, local schools, business associations, and homeowner and condominium associations. In addition, the City would disseminate information about the new program through TV, website, social media, and printed media. After the year of extensive education and outreach, the six (6) month warning period (or pre-full implementation period) would take place, where only warning notices without monetary fines would be issued. In addition to the outreach and educational efforts associated with a program ofthis magnitude, the proposed Ordinance also includes an educational "tag program." The City would require recycling contractors to place informational tags and/or stickers on the recycling dumpster to further educate the public regarding allowable recyclable materials and proper recycling procedures. Only after the education and warning period are complete (18 months from commencement of the program) would the City issue Notices of Violation with accompanying monetary fines to companies and/or individuals that fail to adhere to the provisions of this Ordinance. The proposed Ordinance has been reviewed, analyzed, and commented upon by the Sustainability Committee (at its October2010 and November2010 meetings). Two (2) versions of the Ordinance were presented for review and consideration by the Land Use and Development Commmittee (LUDC): Option "A" is the version developed by Administration and Option "8" is the version developed by the Sustainability Committee. The only significant differences that emerged between the Administration's version (Option "A") and the Sustainability Committee's version (Option "8") were: 1. The dollar amount of the fines. The Sustainability Committee's recommendation for first and second offenses did not include a warning and the dollar amounts were higher; and 227 City Commission Memo -Recycling Ordinance, First Reading July 13, 2011 Page 5 of7 2. The duration of the overall warning period. The Sustainability Committee recommended a three (3) month warning period instead of a six (6) month warming period during which only warning citations and not actual moretary or other penalties would be issued. On December 12,2010, the LUDC passed a motion recommending Option "A", the Administration's version of the Ordinance, and moved it to the Finance and Citywide Projects Committee (FCWPC) for discussion. On June 23, 2011, the FCWPC passed a motion recommending that the City Commission pass Option "A" with the stipulation that the program is revenue neutral, and is funded through the commercial waste hauler contributions and/or Sanitation Reserves. The FCWPC also required that no funding from the General Fund be used to support the Recycling Program. To be revenue- neutral, the enforcement needs to be more complaint driven than pro-active inspection. Therefore, the Ordinance as written must be modified. PROGRAM COMPARISONS Staff conducted research to identify and compare similar programs established in other municipalities across the US. Some of the cities contacted included the localities of Austin, Texas; Gainsville, Florida; Miami-Dade County; Montgomery County, Maryland; San Diego, California; San Fransisco, California; and Seattle, Washington. Levels of community compliance and enforcement vary between municipalities. For example, when Seattle began its mandatory recycling program, there was a high level of compliance from the beginning; more than 90% of Seattle's 150,000 apartments and businesses complied with the requirements of the new ordinance within weeks of implementation without the issuance of fines. Similarly, San Francisco has seen an approximate 55% rate of compliance with its mandatory com posting and recycling ordinance. San Francisco publicized that it would be strictly enforcing multifamily com posting and recycling in order to increase the public dialogue; however, their focus is still mainly on compliance through outreach rather than issuance of fines. Jurisdictions such as Gainesville, Austin, San Diego and Montgomery County have focused efforts on providing education and extensive technical assistance rather than issuing fines to achieve compliance. Gainesville has concentrated its efforts on a comprehensive educational campaign that includes onsite assessment and recycling guidance to its residents and businesses. However, Gainesville is planning to begin attaching fines to facilities' electric bills in order to increase recycling compliance. Similarly, Austin's current ordinance includes a fine of $500 per day. To date, Austin has elected to focus on education rather than to issue fines for non-compliance. However, Austin is in the process of developing a more stringent ordinance with stricter enforcement and fines, which is scheduled to come into effect in October 2012. Montgomery County has been focusing their efforts on providing education and technical assistance to multifamily residences and commercial facilities. These facilities are required to complete an Annual Waste Reduction Report that estimates the amount of recyclable material generated annually. This allows Montgomery County to conduct audit inspections to verify the Waste Reduction Report and determine if the facility requires further technicalassistance. If outreach is found to be unsuccessful, Recycling Investigators respond with verbal warnings followed by citations; however, further fines and enforcement is uncanmon. The research also showed that the program staffing levels at a number of the locations varied in terms of the scope of work and goals. Programs varied from a staff of four (4) Waste Diversion Planners in Austin, Texas to more complex programs such as Montgomery County, which has a total of 18 employees (1 Section Chief, 2 Program Coordinators, 2 Compliance Managers, 1 Community Outreach Coordinator, 8 Educational Specialists, and 4 Recycling Investigators). San 228 City Commission Memo -Recycling Ordinance, First Reading July 13, 2011 Page 6of7 Fransisco's recycling and com posting program relies heavily on community volunteers to conduct door-to-door neighborhood outreach. In addition, San Fransisco received funds from the Federal Stimulus Package Jobs Now program that allowed it to employ 50 Environmental Outreach Assistants, whose duties included various environmental initiatives including recycling outreach. From the Jobs Now program, 18 Outreach Assistants have remained as full-time employees and now supplement the Zero Waste Division's 11 employees (3 Residential Recycling Coordinators, 3 City Government Recycling Coordinators, 3 Commercial Recycling Coordinators, 1 Construction & Demolition Recycling Coordinator, and 1 Division Program Manager). STAFFING REQUIREMENTS-CITY ORDINANCE (OPTION A) Based on the requirements and parameters set forth in the proposed Ordinance, Code Compliance Officers (CCO) would need to inspect and assess 3,624 commercial units and approximately 1,500 multifamily residential buildings with more than eight units in order to determine compliance. Staff has had several discussions regarding the level of enforcement that would be required for this proposed Ordinance and how to effectuate inspections to encourage compliance. In order to achieve the level of compliance expected to be achieved with this Ordinance, the Administration would recommend quarterly pro-active inspections for the commercial establishments, and is assuming a 50% compliance rate, which would require additional inspections for non-compliance. For the multifamily residential buildings, the Administration would recommend two (2) proactive inspections per year, again with a 50% compliance rate assumption, and additional inspections for non-compliance. These assumptions do not include any inspections required as a result of complaints or as notices provided by the haulers based on their observations and issuance of "red tag" warnings. Variation from this implementation plan would impact the estimated staffing requirements, operational costs and potential revenue from fines presented herEin. It should be noted that recycling Ordinance enforcement staffing would be done with additional positions, not within the current staffing plan of the Code Compliance Divison of the Building Department, as current staff does not have the capacity to implement this program with current Code Compliance demands. An additional administrative support position would also be required in order to implement this program. Using the assumptions outlined above, a total of eleven (11) additional full-time staff would be required in the Code Compliance Division to effectively address the parameters of the proposed recycling Ordinance. This includes nine (9) CCOs, one (1) Recycling Manager, and one (1) Administrative Aide I. The CCOs would be deployed by zones (South, Middle, and North), reporting to a Recycling Administrator, who in turn would report to a Recycling Manager. Assignments would be adjusted based on workloads. The Recycling Manager would be responsible for supervising the program and coordinating continued community outreach and education efforts. The ongoing annual operating costs are projected to be approximately $630,611. This includes salaries and fringe benefits associated with full-time employment in the amount of approximately $592,993 as well as minimal operating costs in the amount of $37,618. This estimate does not include one-time costs such as the purchase of computers, vehicles, and office furniture, which are estimated to be in the range of $123,600, for a total implementation cost of approximately $754,235. It should be noted that the staffing and operating costs associated with this program can be phased in, as the educational program and initial warning period would be for a combined period of 18 months. Thus, the entirety ofthe costs would not need to be funded at the inception ofthe program. POTENTIAL RECOVERY OF EXPENDITURES /ISSUANCE OF FINES It is difficult to estimate the revenues generated from fines collected by implementing such a program, as there is no experience with a strictly enforced recycling program. The Administration 229 City Commission Memo -Recycling Ordinance, First Reading July 13, 2011 Page 7 of7 projects a 50% compliance rate, based on data obtained from the County; the County reports a 47% compliance rate on their ordinance. Assuming a 33% collection rate on the fines issued to the 50% of the non-compliant commerical and multifamily units, the City would collect approximately $550,000 with this program. The 33% is the average/typical collection rate for code compliance violations. If fine collection turns out to be higher than anticipated, the revenue stream would increase. Of course, the reciprical is also true. Additionally, if compliance is greater than anticipated, which would be the ultimate goal of the program, the revenues would be less than anticipated. PUBLIC EDUCATION PROGRAM The proposed Ordinance specifies that the City would establish a Public Education Program that informs the public of the new requirements and provides guidance on proper recycling procedures. An exensive twelve (12) month education and outreach period will then be followed by a six (6) month warning period before penalties would be issued. In order to maximize the success and exposure of the Public Education Program during this period, prior to commencing enforcement, it is recommended that a consultant be retained to communicate the new Recycling Program to the community. The consultant can assist the City with developing a marketing plan, designing effective educational materials, and administering workshops and creating information packages for commercial and multifamily facilities. FUNDING Recommend funding for FY2012 Public Education Program to be provided from the waste haulers contributions or through Sanitation Reserves. A source of funding for the enforcement component of the Recycling Program has yet to be identified, other than the revenues discussed herein associated with the fines. CONCLUSION At the July 13, 2011, Commission Meeting the item was referred to the Sept. 26, 2011 Finance and Citywide Projects Committee (FCWPC) meeting. The FCWPC directed the administration to conduct a Recycling Workshop, held on October 24, 2011.At the Workshop, Commissioner Gongorra indicated that the item would be further discussed at the Sustainability Committee prior to referral to the FCWPC to discuss funding. At the November 15, 2011, meeting of the Sustainability Committee, a vote to revise the ordinance to more closely reflect the Miami-Dade County ordinance passed with the following recommendations: • Include a robust educational program • Reduce the fine amounts • Introduce an enforcement component; although the County ordinance provides for enforcement, no enforcement is provida:l by the County. Based on the above, recommendations, the proposed revised ordinance will undergo significant modifications and the Administration therefore recommends that: this item be opened and continued; the City Commission direct the Administration to rewrite the ordinance; and that the revised ordinance be presented to the FCWPC before First Reading. Attachments: A. Proposed Recycling Ordinance DRB/FHB/RWS T:\AGENDA\2012\1-11-12\Recycling Ordinance Memo.doc 230 ORDINANCE NO.-------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI BEACH CITY CODE, ENTITLED "SOLID WASTE," BY AMENDING THE DEFINITIONS IN ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 90-2, ENTITLED "DEFINITIONS"; BY AMENDING ARTICLE II, ENTITLED "ADMINISTRATION" BY AMENDING THE PENALTIES FOR SOLID WASTE VIOLATIONS AND TO PROVIDE PROVISIONS AND PENAL TIES RELATIVE TO RECYCLING FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS; BY CREATING ARTICLE V, TO BE ENTITLED "CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS," TO PROVIDE PROVISIONS FOR RECYCLING REQUIREMENTS AND ENFORCEMENT, A PUBLIC EDUCATION PROGRAM, A WARNING PERIOD, AN ENFORCEMENT DATE, COLLECTOR LIABILITY, A "RED TAG" NOTICING SYSTEM, PENAL TIES, AND SPECIAL MASTER APPEAL PROCEDURES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, nearly everything we produce, use or consume leaves behind some kind of waste and the treatment and disposal of waste can be a source of water, land, and air pollution; and WHEREAS, by managing solid waste and conserving material resources through reduction, reuse, and recycling, the City will help minimize impacts to the quality and safety of the local environment, reduce costs of waste disposal and decrease the carbon foot print associated with the production and the use and disposal of materials; and WHEREAS, the recycling of recyclable materials is in the best interest of the environment, the residents, and the environmental footprint of the City of Miami Beach; and WHEREAS, the City seeks to establish a Citywide Recycling Program for multifamily residences and commercial establishments that provides standards that are equivalent to or exceed the minimum recycling requirements of Miami-Dade County; and WHEREAS, pursuant to Sections 15-2.5 and 15-2.7 of the Miami-Dade County Code, the City and Miami-Dade County have agreed that the following Citywide Recycling Program meets the minimum standards set forth in section 15-2.6 of the Miami-Dade County Code and have accordingly entered into a Memorandum of Understanding so that the City may implement said Program. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article I, entitled "In General," of Chapter 90 of the Miami Beach City Code, entitled "Solid Waste," is hereby amended as follows: 231 CHAPTER 90 SOLID WASTE * * * ARTICLE I. IN GENERAL Sec. 90-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Commercial establishment means an establishment dealing in an exchange of goods or services for money or barter. For purposes of this chapter, the term shall include churches, synagogues and schools. * * * Multifamily residence means a building occupied or intended to be occupied by two (2) or more families living separately, with separate kitchens in each unit. * * * Offense means a notice of violation that has not been appealed timely or a finding of a violation by a special master following the appeal of a violation. * * * Premises means real property and includes any buildings or structures thereon. * * * Recyclable material§. means those materials capable of being recycled and which would otherwise be processed or disposed of as solid waste. Any recyclable material mixed with solid waste shall be considered to be solid waste. Recycling means any process by which recyclable materials are collected, separated, or processed to be reused or returned to use in the form of raw materials or products. Recycling container means a container approved by the city manager for collection of recyclable material by a recycling contractor. Recycling contractor means a private contractor licensed by the city who collects recyclable materials and transports same to a state or county-licensed recycling facility for processing. Recycling contractors must provide their customers with a separate recycling container for recyclable materials. 2 232 Single-stream recvcling means a process by which certain recyclable materials are mixed together instead of being sorted into separate recycling containers in the collection process. SECTION 2. That Article II, entitled "Administration," of Chapter 90 of the Miami Beach City Code entitled "Solid Waste," is hereby amended as follows: CHAPTER 90 SOLID WASTE * * * ARTICLE II. ADMINISTRATION Sec. 90-36. Enforcement of chapter; notice of violation. (a) The city manager is hereby authorized and directed to enforce all the provisions of this chapter regulating and governing the accumulation, collection .. and disposal of solid waste. The city manager shall have the power to delegate duties to employees working under his authority (including, without limitation. the city's public works director) in the enforcement of the provisions of this chapter. (b) Upon presentation of proper credentials, an inspector designated by the city manager may enter any building, structure, lot or other premises for the purpose of inspection, or to prevent violations of this chapter. (c) The existence of solid waste shall be prima facie evidence that the same was created or placed there by the occupant of the dwelling or commercial establishment; or the owner; or the operator or manager. The existence of the same garbage inside the same garbage containers for four (4) consecutive days upon premises serviced by a private waste contractor shall be prima facie evidence of a violation of this chapter by the contractor. For purposes of this section premises serviced by a private waste contractor shall not include accounts that have been discontinued by the contractor when notice of discontinued service has been mailed to the owner, occupant; or operator or manager, as well as to the city, prior to the accumulation of the garbage. (d) Whenever a designated city inspector observes a violation (or violations) of this chapter regarding solid waste or an accumulation of solid waste that creates a health hazard, environmental hazard, or nuisance, the inspector shall order the violation(s) to be corrected within a specified period of time by serving a written notice of violation(s) upon the person causing, or responsible for, such violation and/or health hazard, environmental hazard, or nuisance. Such person shall immediately cease or abate the violation(s). (e) A +Ae notice of violation shall be served personally or by certified mail upon the property owner or upon the person.(§} in lawful possession of the premises, and/or upon the pri'.~ate waste contractor servicing the premises. If the person addressed with such notice cannot be found by the city after making reasonable good faith effort, such notice shall be sent by certified mail to the last known address of such person, and a copy of the notice shall be posted in a conspicuous place on the premises. Such notice shall be deemed the equivalent of personal service. 3 233 (f) The notice shall specify any fine(s) that may be due in connection with the violation(s)... the time specified by the inspector to correct the violations, and the procedure for timely payment or appeal of the fine(s). (g) If the inspector determines that the conditions constitute an immediate threat to the health, safety or welfare of the public, he/she may order the immediate correction of the violation(s) at the expense of the occupant; owner; or operator or manager and the city shall have the right to recover such expenses as provided in section 90-4-Je 37. {h) The enforcement of the recycling requirements for the citywide recycling program for multifamily residences and commercial establishments provided for in Article V of this chapter, and the penalties for violations of Article V. are provided in sections 90-345 and 90-347 through 90-348 of this chapter. Sec. 90-37. Removal of waste by city; penalties for violations. If the person served with a notice of violation pursuant to section 90-36 does not correct the violation within the specified time, the city manager may do the following: (1) For violations involving failure to remove solid waste, the city manager may cause the waste to be removed from the premises and charge the actual costs to the owner; occupant; or operator or manager, on a force account basis. Any fine due pursuant to section 90-39 or 90-40 shall also be charged to the owner; occupant; or operator or manager. Failure to pay such costs and fines or to appeal pursuant to section 90-38 within fifteen (15) days of receipt of the notice shall result in the imposition of a lien upon the property, in the amount of such costs and fines. Such liens shall be treated as special assessment liens against the subject real property and, until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such liens shall be enforced by any of the methods provided in Ch. 86, Florida Statutes; or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Ch. 173; Florida Statutes; or the collection and enforcement or payment thereof may be accomplished by any other method authorized by law. The owner; occupant; or operator or manager shall pay all costs of collection, including reasonable attorneys fees incurred in the collection of fines, and other charges, penalties, and liens imposed by virtue of this chapter. (2) For violations of this chapter for which no fine is specified in sections 90-39 and 90-40, the city attorney may prosecute the violators pursuant to section 1-14. Fines for such offenses shall be as follows: a. First offense, $350.00. b. Second offense, $500.00. c. Third offense, $1 ,000.00. d. Fourth or subsequent offense. $5,000.00. 4 234 (3) For violations which present a serious threat to the health, safety or welfare of the public and/or violations that are continually repeated constitute a fourth or subsequent offense by the same violator, the city attorney may seek injunctive relief and/or, in the case of commercial establishments, revoke the business tax receipt and/or certificate of use of the establishment and/or premises. Sec. 90-38. Appeal to special master. (a) Any person receiving a notice of violation pursuant to section 90-36 and/or .anotice of fine pursuant to section§. 90-39 and/or 90-40 may request, within fifteen (15) days of receipt of the notice, an administrative hearing before a special master, appointed as provided in article II of chapter 30, to appeal the decision of the city inspector resulting in the issuance of the notice. Procedures and application fee for the scheduling and conduct of the hearing shall be as provided in sections 102-384 and 102-385. Failure to appeal within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing shall be treated as an admission of the violation, as noticed, and fines and penalties may be assessed accordingly. (b) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of a lien pursuant to section 90-37 or 90-136, or enforcement procedures pursuant to section 90- 36, until thirty (30) days after the issuance of a written determination by the special master. Any amounts of money due the city pursuant to such determination must be received by the city within thirty (30) days after the issuance of the determination, or a lien shall be imposed upon the property in question, and any other enforcement or collection procedures commenced, as provided by this chapter or under state law. SECTION 3. That Article V, to be entitled "Citywide Recycling Program for Multifamily Residences and Commercial Establishments," of Chapter 90 of the Miami Beach City Code, entitled "Solid Waste," is hereby created as follows: CHAPTER 90 SOLID WASTE * * * ARTICLE V. CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS Sec. 90-340. Recycling required for multifamily residences. As of ( DATE ) rNOTE: DATE SHOULD BE ONE YEAR FROM EFFECTIVE DATE OF ORDINANCE], every multifamily residence shall be required to use a single-stream recycling process to recycle recyclable materials and every multifamily residence shall be serviced by a city and state licensed recycling contractor . .@} At a minimum, multifamily residences must recycle at least five (5) of the recyclable materials listed below: 1l Newspaper-used or discarded newsprint, including any glossy inserts; 5 235 _g} Glass-glass jars. bottles. and containers of clear. areen or amber (brown) color of any size or shape used to store and/or package food and beverage products for human or animal consumption. and/or used to package other products. which must be empty and rinsed clean of residue. This term excludes ceramics. window or automobile glass. mirrors. and light bulbs; ID Metal food and beverage containers-all ferrous and nonferrous (i.e. including. but not limited to. steel, tin-plated steel, aluminum and bimetal) food and beverage containers (i.e. including. but not limited to. cans, plates. and trays) of any size or shape used to store and/or package food and beverage products suitable for human or animal consumption. which must be empty and rinsed clean of residue; ~ Other metal containers-all other ferrous and non ferrous containers used to package household products including, but not limited to. paint cans and aerosol cans. which must be empty and rinsed clean of residue; §l Plastics-all high density polyethylene (HOPE) and/or polyethylene terephthalate (PET) bottles. jugs. jars. cartons. tubs, and/or other containers. and lids, of any size or shape used to package food. beverages. and/or other household products. or crankcase oil. which must be empty and rinsed clean of residue. This term excludes all plastic film. plastic bags, vinyl. rigid plastic (i.e. toys). and plastic foam materials; and .(Ql At least three (3) of the following recyclable materials: 1l Cardboard -clean. unwaxed corrugated cardboard boxboard and/or similar corrugated and kraft paper materials; food, beverage, and/or other household cardboard boxes. cartons and/or other containers (i.e. cereal boxes. paper egg cartons. rolls. and bags. milk, juice and other beverage cartons and/or boxes. spiral-wound containers such as orange juice. dough and potato chip containers. tissue boxes. and toilet tissue and paper towel rolls); and any other corrugated and/or non-corrugated materials made from cardboard. all of which must be empty and cleaned of excessive amounts of contaminant such as adhesives. metals and plastics; _g} Magazines and catalogues; ID Telephone books and/or directories; ~ Office paper -used or discarded high-grade white paper and Manila paper including, but not limited to. paper used for file folders. tab cards. writing. typing, printing, computer printing, and photocopying (i.e. writing paper. stationary, letterhead, notebook paper. copier paper. typing paper. tablet sheets. computer print-out paper. and all paper of similar quality); regular mail and junk mail; envelopes without wax liners or adhesive labels; and paper gift wrap and cards. This term shall not include carbon paper. self carbonizing paper. coated or glossy paper. and envelopes with windows or adhesive labels. Organic Materials -A multifamily residence that recycles organic materials in a separate bin that is serviced by a city licensed recycling contractor shall be deemed to satisfy one of the three(3) recyclable materials options in this subsection (b). The following items shall be deemed to be organic materials for purposes of this section: All food materials. including but not limited to fresh. frozen. dried. cooked and prepared foods and leftovers; fruit and vegetable 6 236 scraps; pasta, bread, and cereal; meat and fish products; egg shells; coffee grinds and filters; and tea bags. Sec. 90-341. Recycling required for commercial establishments. As of ( DATE ) [NOTE: DATE SHOULD BE ONE YEAR FROM EFFECTIVE DATE OF ORDINANCE], every commercial establishment shall be required to recycle recyclable materials and shall be serviced by a city and state licensed recycling contractor, or the city. At a minimum, commercial establishments must recycle at least three (3) recyclable materials from the list below: 1.l Newsoaoer: Cardboard; Magazines and catalogues; Telephone books and/or directories; and Office paper -(with said terms having the same definitions, and including the same type(s) of recyclable materials as provided in Sections 90- 340(a) and (b) hereof); .£} Glass-(with said term having the same definition and including the same type(s) of recyclable materials as provided in Section 90-340(a) hereof); ~ Metal food and beverage containers -(with said term having the same definition and including the same type(s) of recyclable materials as provided in Section 90- 340(a) hereof); ~ Other metal containers -(with said term having the same definition and including the same type(s) of recyclable materials as provided in Section 90-340(a) hereof, but also, for purposes of this subsection(4), including scrap metal, which shall mean used or discarded items suitable for recycling. consisting predominantly of ferrous metals. aluminum, brass. copper, lead. chromium, tin, nickel or alloys thereof including, but not limited to, bulk metals such as large metal fixtures and appliances (including white goods such as washing machines, refrigerators, etc.), but excluding metal containers utilized to store flammable or volatile chemicals. such as fuel tanks.; §l Plastics -(with said term having the same definition and including the same type(s) of recyclable materials as provided in section 90-340(a) hereof); §l Textiles; Zl Wood -clean wood waste and/or pieces generated as byproducts from manufacturing of wood products and wood demolition waste (i.e. lumber, plywood, etc.) thrown away in the course of remodeling or construction. It excludes clean yard waste and clean waste (i.e. natural vegetation and minerals such as stumps, brush, blackberry vines. tree branches. and associated dirt, sand. tree bark. sand and rocks). treated lumber. wood pieces, or particles containing chemical preservatives. composition roofing. roofing paper, insulation, sheetrock, and glass, Organic Materials -A commercial establishment that recycles organic materials (as defined in Section 90-340 hereof) in a separate bin that is serviced by a city licensed recycling contractor shall be deemed to satisfy one of the three(3) recyclable materials options in this subsection. Sec. 90-342. Unauthorized collection of designated recyclable materials. Only those recycling contractors that have been authorized by the city and the state to collect designated recyclables in the city shall be authorized to collect recyclable materials under this article. 7 237 Sec. 90-343. Public education program; warning period and enforcement date. ID Beginning ( DATE l rNOTE: DATE SHOULD BE 10 DAYS AFTER ADOPTION OF ORDINANCE]. the city shall engage in public education efforts and the city shall not prosecute individuals who unknowingly fail to separate recyclable materials from all other solid waste materials required to be separated by this article until as provided in subsections (d) and (e) of this section. b) All recycling contractors must appropriately designate the recycling collection containers they provide to customers. The containers must contain the appropriate signage and information. as shall be established and approved by the city pursuant to subsection (c) below. that allows users to clearly and easily identify the container for recycling. btc) The city shall establish an educational tag program whereby appropriate information. in the form of tags. stickers. or other signage approved by the city manager. shall be required to be placed on all recycling containers. informing the public of proper recyclable materials and procedures. The city shall also provide information on its website regarding what materials are acceptable as recyclables under this article . .Ql Beginning ( DATE ) [NOTE: DATE SHOULD BE ONE YEAR FROM EFFECTIVE DATE OF ORDINANCE] the city shall provide for a six (6) month warning period. through and including ( DATE ) rNOTE: DATE SHOULD BE 18 MONTHS AFTER EFFECTIVE DATE OF ORDINANCE). in which warning tickets shall be issued to persons who fail to separate recyclable materials from solid waste. regardless of knowledge or intent. G}e) Beginning ( DATE ) rNOTE: DATE SHOULD BE 18 MONTHS AND 1 DAY AFTER EFFECTIVE DATE OF ORDINANCE]. this article shall be enforced and penalties shall be applied and imposed for violations of this article. Sec. 90-344. Liability of contractors. (a) All recycling contractors shall comply with all applicable state and city laws and regulations. Any recycling contractor who reasonably believes that a person from whom he/she/it collects has violated the separation requirements of article V of this chapter. shall not collect the same. and shall notify the director of public works to report the violation. If the contractor collects such waste. the fines and penalties set forth in sec. 90-347 shall be issued and imposed against him/her/it. Additionally, contractors shall assist and notify the director of public works in identifying persons that unlawfully mixed solid waste with recyclable materials. which were later delivered to a resources recovery facility. transfer station. landfill. or other solid waste facility. (b) "Red Tag" Noticing System. 1) If a recycling contractor finds materials that are not the correct type as designated for that container (such as recyclables in a sold waste container. or solid waste in a recycling container). the contractor shall then leave a tag on the container identifying the incorrect materials. 8 238 2) If the contractor continues to find incorrect materials in a collection container after the contractor has left a previous tag for that customer and that type of container, the contractor must leave another tag on the container identifying the incorrect materials and send a written notice to (i) the person and/or entity who subscribes for that collection service. and (ii) the director of public works. 3) If the contractor continues to find incorrect materials in a collection container after the contractor has already left two (2) or more tags for that customer and that type of container, the contractor may refuse to empty the container. If the container is not emptied, the contractor must leave a tag and send a written notice to (i) the person and/or entity who subscribes for the collection service, identifying the incorrect materials and describing what action must be taken for the materials to be collected, and (ii) to the director of public works; provided. however. that a contractor may not refuse on this basis to empty containers from multifamily or commercial establishment properties with multiple tenants and joint account collection services. 4) The contractor shall. provide to the director of public works a list of the names and addresses of those persons and/or entities who have received tags or notices. or whose containers have not been emptied due to non- compliance with this article. or copies of the tags or notices issued by the contractor. The contractor shall also provide to the director. upon request, a list of the names, addresses. and service levels of the contractor's customers and any additional information required by the director. Sec. 90-345. Enforcement. (a) The city manager is hereby authorized and directed to enforce all the provisions of this article regulating and governing the accumulation. collection. recycling, and disposal of recyclable materials. The city manager shall have the power to delegate duties to employees working under his authority in the enforcement of the provisions of this article. (b) Upon presentation of proper credentials, an inspector designated by the city manager may enter any building, structure, lot, or other premises for the purpose of inspection, or to prevent violations of this article. (c) The existence of recyclable materials in any place other than in a recycling container, shall be prima facie evidence that the same was created or placed there by the occupant of the multifamily residence or commercial establishment, or the owner. operator, or manager of the premises. The existence of recyclable materials inside a recycling container for seven (7) consecutive days or more shall be prima facie evidence of a violation of this article by the recycling contractor. The absence of recyclable materials in a recycling container for seven (7) consecutive days or more upon the premises shall be prima facie evidence of a violation of this article by the multifamily residence or commercial establishment. For purposes of this section. premises serviced by a recycling contractor shall not include accounts that have been discontinued by the recycling contractor when notice of discontinued service has been mailed to the owner, occupant, operator. or manager of the premises, as well as to the city, prior to the accumulation of the recyclable materials. (d) The director of the department of public works shall develop warning notices and notices of violation forms with which to impose penalties on violators that are in violation of this 9 239 article. The city shall issue warning notices and notices of violations notices to property owners, tG person(s) in lawful possession of the premises, or to the recycling contractor servicing the premises. In addition, contractors may issue warnings at the request of the director of the department of public works. (e) Whenever a designated city inspector observes a violation (or violations) of this article, or an accumulation of recyclable materials that creates a health hazard, environmental hazard, or nuisance, the inspector shall order the violation(s) to be corrected within a specified period of time by serving a written notice of violation(s) upon the person causing, or responsible for, such violation and/or health hazard, environmental hazard, or nuisance. Such person shall immediately cease or abate the violation(s). (f) A notice of violation shall be served personally or by certified mail upon the property owner or the person(s) in lawful possession of the premises, or upon the recycling contractor servicing the premises. If the person addressed with such notice cannot be found by the city after making a reasonable good faith effort, such notice shall be sent by certified mail to the last known address of such person, and a copy of the notice shall be posted in a conspicuous place on the premises. Such notice shall be deemed the equivalent of personal service. (g) The notice shall specify any fine or penalty that may be due in connection with the violatton(s), the time specified by the inspector to correct the violation(s), and the procedure for timely payment or appeal of the fine or penalty. (h) If the inspector determines that the conditions constitute an immediate threat to the health, safety or welfare of the public, the inspector may order the immediate correction of the violation(s) at the expense of the property owner, occupant, operator, manager, or other person(s) in lawful possession of the premises, and the city shall have the right to recover such expenses as provided in section 90-37. Sec. 90-346. Exception. A property owner may seek a waiver from the director of public works of all or portions of this article, if the applicant submits documentation, using a form specified by the city that includes a signed affidavit under penalty of perjury, that shows that the property does not have adequate storage space for containers for recyclables or solid waste or other hardship. In cases where. after on-site verification. space or other limitations are determined to exist, the director shall evaluate the feasibility of sharing containers for recyclables or solid waste with contiguous properties. and, where feasible. may require container sharing in lieu of providing a waiver. or such other suitable solutions as deemed appropriate by the director. Sec. 90-347. Removal of Recyclable Materials by City/Penalties. (1) For violations involving failure to remove recyclable materials from a recycling container by a recycling contractor. the city manager may cause the recyclable materials to be removed from the premises and charge the actual costs of removal to the owner. occupant, operator, manager. or other person(s) in lawful possession of the premises. (2) Penalties for violations of this article shall be as follows: a. For the first violation. a warning or a fine up to $350.00. 10 240 b. For the second violation, a fine of up to $500.00. c. For the third violation, a fine of up to $1 ,000.00. d. For the fourth and subsequent violations, a fine of up to $5,000.00. (3) Any penalty due pursuant to this article shall also be charged to the owner, occupant. operator, manager, or other person(s) in lawful possession of the premises. Failure to pay such costs and penalties. or to appeal pursuant to section 90-348 within fifteen (15) days of receipt of the notice of violation shall result in the imposition of a lien upon the premises, in the amount of such costs and penalties. Such liens shall be treated as special assessment liens against the subject real property and, until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such liens shall be enforced by any of the methods provided in Ch. 86, Florida Statutes; or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Ch. 173; Florida Statutes; or the collection and enforcement or payment thereof may be accomplished by any other method authorized by law. The owner, occupant. operator, or manager of the premises shall pay all costs of collection, including reasonable attorneys fees incurred in the collection of fines, and other charges, penalties, and liens imposed by virtue of this chapter. (4) For violations which present a serious threat to the health, safety or welfare of the public, and/or violations that constitute a fourth or subsequent offense by the same violator, the city may seek injunctive relief and/or, in the case of commercial establishments, revoke the business tax receipt and/or certificate of use of the establishment and/or premises. Sec. 90-348. Appeal to Special Master. (a) Any person receiving a notice of violation pursuant to this chapter may request, within fifteen (15) days of receipt of the notice, an administrative hearing before a special master, appointed as provided in article II of chapter 30, to appeal the decision of the city inspector resulting in the issuance of the notice. The procedures and application fee for the scheduling and conduct of the hearing shall be as provided in sections 102-384 and 102-385. Failure to appeal within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing shall be treated as an admission of the violation, as noticed, and fines and penalties may be assessed accordingly. (b) Timely filing of a notice of appeal pursuant to this sectioc shall toll the imposition of a lien or enforcement procedures pursuant to section 90-~47, until .thirty (30) days after the issuance of a written determination by the special master. Anv costs or penalty'amounts due the city pursuant to such determination must be received by flie; City within "thirty' (30) days after the issuance of the determination, or a lien shall be imposed upon the premises, and any other enforcement or collection procedures may be commenced, as provided by this chapter or under state law. · • ---; 11 241 SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. 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 portions of this ordinance. SECTION 6. 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 re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect the day of--------' 2011. PASSED and ADOPTED this day of-------' 2011. ATTEST: MAYOR MATTI HERRERA BOWER ROBERT PARCHER, CITY CLERK Underline denotes additions and Strike through denotes deletions. F:\ATIO\AGUR\RESOS-ORD\Recycling Program Ordinance-Option A Administration Version {7-1-ll).doc 12 242 MIAMlBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARI.NGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of thffe,'ty of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beac~. Florida, on WED~ESDAY, OCTOBER 19thTH, 2011, to consider the following: . 10:15a.m. . . . 4 . . Ame~dments To The Roofing· Material Ordinance . . . . Ordinance Amendirlg Tlie Land Development Regulations Of'fhe Code Of. The City Ot Miami Beach, ·ayAmendirig Chapter 142, "Zoning Districts And Regulations•, Article iV, "supplementary District Regulations'~; Section 142-875 ".Roof Replac.ements" To tylqdity,An<f.Expant;l, T~e'Requirements. For-Roofing Materi@ls ln)l.ll Districts. Inquiries may be directed to th~ Plannj0g Department at (3Ci5) 673-7550. · 10:20 a:ln. Stay Of Work.And Proceedings On Appeal:· Ordinance Amending The Land Qevelopment Regulations Of The CitY Code. By Amending Chapter 118, "Administrative And Review Procedures," Article II, "Boards," Division 5, "Board Of Adjustment," Section 118-137, "Stay Of Work And Proceedings On Appeal," Clarifying And Amending The Stay Provisions Applicable To Matters On Appeal To Th-;, Board Of Adjustment l~quiries may be directed to the Planning Department at (305) 673-7550. 10:25a.m. Ordinance Amen(ling Chapter 10 Ot The Miami Beach City Code Entitled "Animals,'' ·By Amending Section 10-11, Entitled "Running At Large Prohibited" By .Extending The Pilot Program Off-Leash Area For Dogs in South Pointe Park Until January 1, 2012 And By Adding Two (2) Hours In Th(1 Ev~ning From 5:00 p.m. To 7:00 p.m. On Monday Through Friday; Pro~iding For An Off-Leash Area On The Par 3 Golf Course From Sunrise To 9:00 A.M. Daily And From 5:00 p.,m. To 7:00 p.m. On Monday Through Friday Until Construction Commences On The Par 3 Golf Course. Inquiries may be directed to the Parks and Recreation Department at (305) 673-7730. 10:30a.m, Minimum Unit Size And Parking Requirements For Affprdable Housing Projects_ An Ordinance Amending The Code Ot The City Of Miami Beach, By Amending Chapter 130 ''Off-Street Parking," Section 130-32 "Off-Street Parking Requirements For Parking District No. 1 ,"And Section 130-33 "Off-Street Parking Requirements For Parking Districts Nos. 2, 3, And 4,'' By Adding Parking Requirements For Housing For Low And/Or Moderare Income Non~Eiderly Persons; Chapter 142 "Zoning Districts And Regulations," By Amending Article IV. "Supplementary District Regulations," By Amending Division 6. "Housing For Low And/Or Moderate Income Elderly Persons,'' By Including Non-Elderly Persons In The Regulations; Arrlenditig.Se~ti01'l,_ t42,1181, ''Purpose,'' Section 142-1182 "Definitions,''.Section 142-1'183, "L!nit Siz~> And Section 142-1184 "Mandato,.Y Crrre~ia;'' Amending 'Qivlslon 3. "Residential Mul!ffamily Districts," Subtliilision II. "RrvH Residential Multifamiiy Low Intensity;• Subdivision IV. ''RM-2 Residential _Multifamily; Medium Intensity,'' Subdivision·v. "RM-3 Residential Multifjtmily, High Intensity," Divisi6n 4.;cD-1 Commercial, Low Intensity District," D<vi§iOn 5.'''CD-2 Commercial, Medium Intensity District," Division 6. "CD-3 CommerCial,' HighJntensity-District,: And Divisio,n 18. "PS Performance Standard. District," BY Including References To Division 6. "Ho~sing.Fo,r Low ll,nd/Or Mbdeta!~ lncome:Non-Eiderly And Elderly P.ersons.". lnqujries may be directed to the Planning Department at (305) 673-7550. 10:35a.m. Recycling Ordinance:· An Ordinance Amending Chapter 90 Of The Miami Beach City Code,.Entitled "Solid Waste,". By Amending The Definitions In Article I, Entitled "In General," By' Amending Section -90-2, Entitled "Definitions"; By Amending Article II, Entitled "Administration" By Amending The Penalties For Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For Multifamily Residences And Commercial Establishments; By'Crea:ting Article V, To Be Entitled "Citywide Recycling Program For Multffamily Residences And Commercial Establishments," To Provide Provisions For Recycling Requirements And Enforcement, A Public Education Program, A Warning Period, An Enforcement Date, Collector Liability, A "Red Tag" Noticing System, P'enalties, And Special Master Appeal Procedures. · Inquiries may be directed to the Public Works Department at (305) 673-7616. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Otfice, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Fl0rida 33139. This meeting may be continued and under such circumstances additional legal notice Would not be provided. Robert E. Parcher, City Clerk City of Miami Beach • Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal a~y decision made by the City Commission with respect to any rnatter considered at its meeting or its hearing, such person must ensure that a vertiatim record of ttie proceedings is made, which record includeS the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, no~ does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language .interpreters, information on access for persons with disabilities, and/ or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance to initiate your request. TTY users may also call711 (Florida Relay Service). Ad #670 243 THIS PAGE INTENTIONALLY LEFT BLANK 244