R5F-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 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 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, Penalties, And Special Master
Appeal Procedures; Providing For Repealer, Severability, Codification, And An Effective Date. First
Reading Public Hearing.
Supporting Data (Surveys, Environmental Scan, etc.): The solid waste haulers operating in the City
have reported that approximately 1,600 multifamily and commercial establishments within the City are
current! not artici atin in the Count -re uired Rec clin Pro ram.
Issue:
l Shall the Mayor and City Commission defer the Ordinance?
Item Summary/Recommendation:
FIRST READING The new proposed ordinance seeks to establish a comprehensive Citywide Recycling
Program for multifamily residences and commercial establishments. 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. The new proposed ordinance would require
that every multifamily residence of nine (9) dwelling units or more provide a recycling program and use a
single-stream recycling process to separate recyclables.
The Sustainability Committee recommended that the City focus on education and address enforcement
efforts on a complaint driven basis. Beginning June 1, 2012 the new proposed ordinance calls for a six (6)
month education and community outreach effort, 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. 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 FY 2011/12, $50,000 was appropriated to initiate the education program. The City will retain a
marketing company to develop a unified educational campaign with the goal of increasing recycling
awareness and educating multifamily and commercial establishments. It is the intent to have enforcement
of the new proposed ordinance conducted on a complaint driven basis by a Sustainability Officer whose
focus will be to provide education and guidance rather than issuing of fines.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON FIRST READING.
Advisory Board Recommendation:
On April19, 2012, the FCWPC recommended that the Commission approve the new proposed ordinance
on First Reading The FCWP also recommended that the City should not enforce fines until a decision has
been made on how to enforce the separation requirements of the ordinance.
Financial Information:
Source of
Funds: 1
OBPI Total
Amount Account
Financial Impact Summary: Approval of the Recycling Ordinance represents an annual impact of
$104,000 which will be submitted for a roval throu h the FY2012/13 bud et rocess.
Department Oirec
FHB
Sign-Offs:
T:IAGENDA\201215-9-12\Recycling Ordinance Summary.doc
MIAMI BEACH 255
AGENDA nEM --=--Rl---s-:::-F __
DATE S'-'/-(2.
& MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~ FIRST READING
May9, 2012 u(_/
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 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, PENAL TIES, AND SPECIAL MASTER APPEAL PROCEDURES;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE. FIRST READING PUBLIC HEARING.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance on First Reading.
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. On July 13,
2011, the proposed recycling ordinance was approved by City Commission and referred to the
Finance and Citywide Projects Committee (FCWPC) between first and second reading. The
FCWPC directed the Administration to conduct a Recycling Workshop, held on October 24, 2011.
At the Workshop, Commissioner Michael Gongora indicated that the item would be further
discussed at the Sustainability Committee prior to referral to the FCWPC to discuss funding. On
November 15, 2011, the Sustainability Committee recommended that the City revise the ordinance
to more closely reflect the Miami-Dade County's ordinance, but with revised fines that do not accrue
daily. Based on the Sustainability Committee's recommendations, the first reading ordinance was
significantly modified. A new proposed Ordinance was presented to the Sustainability Committee
on January 17, 2012 and February 28, 2012 for further discussion. On February 28, 2012, the
Sustainability Committee recommended that the new proposed ordinance be referred to the
FCWPC.
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City Commission Memo -Recycling Ordinance, First Reading
May 9, 2012
Page 2of5
On April19, 2012, the FCWPC recommended the City not implement fines until a decision has been
made on how to enforce the recycling separation requirements, and to approve the new proposed
ordinance on First Reading.
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 have a recycling program is not
adequately or comprehensively enforced. The solid waste franchisee haulers have reported that
approximately 1 ,600 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 multifamily accounts.
The objective of the new proposed recycling ordinance is to establish a comprehensive Citywide
Recycling Program for multifamily residences and commercial establishments. 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. The new proposed
ordinance (Attachment A), which is an amendment to Chapter 90 of the City Code, would require
multifamily residences and commercial establishments in the City to provide a recycling program
and to use a single stream recycling process to separate recyclables. Multifamily and commercial
establishments would receive fines if they do not provide a recycling program serviced by a licensed
recycling contractor or if they fail to separate recyclable material from the solid waste stream.
Single-family homes and multifamily buildings of up to eight (8) units 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 contract for this 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 6,500 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 solid waste hauler for their recycling 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 Public
Works and Waste Management for review and approval.
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
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
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City Commission Memo -Recycling Ordinance, First Reading
May 9, 2012
Page 3 of5
ace-entitled "Code Enforcement". In 2007-0a, 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 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 and inspected
a total of 203 multifamily 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 2010 the County returned to a compliant-driven approach with
an emphasis on education.
In January 2012, the City franchise waste haulers provided the City with an updated list of 1 ,560
commercial facilities and multifamily residences that do not have a contract with them for a recycling
program. The list was forwarded to the County; however, according to the County, the list was too
large and needed to be verified by the City. The County requested that the City review the lists
provided by the waste haulers, by visiting each address to confirm that in fact the address does not
have a recycling service. The percentage of non-compliant facilities that have received fines since
January 2012 is unknown. Based on the County's complaint-driven approach that focuses more on
education than issuance of fines, this number is anticipated to be low.
PROPOSED RECYCLING ORDINANCE
The new proposed recycling ordinance closely mirrors the existing County ordinance. The new
proposed ordinance requires that every multifamily residence of nine (9) dwelling units or more shall
provide a recycling program and use a single-stream recycling process to separate recyclables.
Similar to the County, the new proposed ordinance provides that multifamily and commercial
facilities can submit to the City's Public Works Director for approval of a modified recycling program.
The Sustainability Committee recommended that the City focus on education and address
enforcement efforts on a complaint driven basis. Beginning June 1, 2012 the new proposed
ordinance calls for a six (6) month education and community outreach effort, 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 FY 2011/12, $50,000 was appropriated to initiate the education program. The City will retain a
marketing company to develop a unified educational campaign with the goal of increasing recycling
awareness and educating multifamily and commercial establishments. It is the intent that this
company will establish a model for the City to continue to use and build upon. In the future, the City
will also look to using volunteers to continue to promote recycling education within individual
condominiums and with the business community.
It is the intent to have enforcement of the new proposed ordinance conducted on a complaint driven
basis by a Sustainability Officer whose focus will be to provide education and guidance rather than
issuing of fines. The new proposed ordinance fine schedule is less stringent than the County's. The
County ordinance states that a repeat violation which remains uncorrected beyond the time
prescribed for correction in the notice of violation shall be treated as a continuing violation, and the
additional penalty for each day of continued violation shall be equal to the doubled amount due for
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City Commission Memo -Recycling Ordinance, First Reading
May 9, 2012
Page 4 of5
the first day of the repeat violation. The Sustainability Committee recommended that the penalties in
the new proposed ordinance not accrue daily. The new proposed ordinance mandates the following
penalties for failing to provide a recycling program:
a) For the first violation, a fine of $350.
b) For the second violation, a fine of $500.
c) For the third violation, a fine of $1,000.
d) For the fourth and subsequent violations, a fine of $2,500.
The above fines mirror the City's fines for solid waste violations under Sec. 90-37 of the City Code,
except for the fourth and subsequent violations. The solid waste fine is $5,000 for the fourth and
subsequent violations. However, the Sustainability Committee recommended that the fine for the
fourth and subsequent recycling violations be $2,500.
The penalties for failing to use a single stream recycling process to separate recyclables from all
other solid waste are proposed as follows:
a) For the first violation, no fine.
b) For the second or subsequent violations, a fine of $100.
Legally, the City's Ordinance must reflect the separation requirements set forth by the County's
Ordinance. Staff conducted nationwide research regarding the method in which other municipalities
enforce separation requirements. Staff has not found any municipality that enforces separation or
has objective criteria to determine if a facility is not separating. The City's franchisee waste haulers
do not inspect recycling containers for contamination during pick-up. Rather, contamination is
handled at the material recovery facility. It is not possible to determine at the material recovery
facility from which specific customer the contamination originated. The Sustainability Committee has
recommended that following an intensive educational period, enforcement efforts be focused on
whether or not a recycling program is in place, rather than enforcement of the separation
requirements. Separation requirements will be enforced only on a complaint driven basis. If the City
receives a complaint regarding failure to separate garbage from the recycling, non-compliance will
be ascertained by visually determining if 1 0% of the material on the top of the recycling bin is
considered non-recyclable. The City Administration does not recommend that the solid waste
containers be inspected.
FINANCIAL IMPACT
Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic
impact (at least 5 years) of proposed legislative actions." Staff has determined that there will be a
fiscal impact on the City's budget by enacting the proposed ordinance.
The implementation of the proposed recycling ordinance would require additional staffing. It is
projected that recurring annual operating costs for the City to implement the proposed ordinance are
to be approximately $67,500. This includes salaries and fringe benefits associated with one (1) full-
time staff and one (1) part-time staff. 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
$36,800, for a total first year implementation cost of approximately $104,000. Attachment 8 outlines
the projections for staffing and operating costs. The proposed new positions will be submitted for
approval through the FY 2012/13 budget process.
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City Commission Memo -Recycling Ordinance, First Reading
May 9, 2012
Page 5of5
The benefit of the City creating a separate ordinance from the County would be to enforce recycling
program requirements with the goal to increase recycling rates and divert recyclables from the solid
waste stream. The City can tailor the education and outreach specifically to the City's businesses
and residents to improve compliance. Under the proposed ordinance the City would be responsible
for identifying non-compliant facilities, conducting inspections, administering fines, and community
outreach. After the first year of implementation, staff will have a better estimate if one (1) full-time
and one (1) part-time staff are adequate to enforce the proposed ordinance.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Ordinance on First
Reading.
Attachments:
A. Proposed Recycling Ordinance
B. Recycling Ordinance Fiscal Analysis
JGG/FHB/RWS/ESW
T:\AGENDA\2012\5-9-12\Recycling Ordinance Memo.doc
260
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
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, REQUIREMENTS FOR RECYCLING
CONTRACTORS, PENAL TIES, AND SPECIAL MASTER APPEAL
PROCEDURES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the recycling of recyclable materials is in the best interest of the
environment, City residents, and in maintaining the City's prominence as a world class resort
destination; 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 footprint
associated with the production use, and disposal of materials; 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:
CHAPTER 90
SOLID WASTE
* * *
261
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 and state 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.
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:
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262
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 +J::I.e notice of violation shall be served personally or by certified mail upon the
property owner or upon the person.(§l in lawful possession of the premises, and/or upon the
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.
(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
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263
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-~ 37.
ill 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 through 90-
347 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.
fL. Fourth or subsequent offense, $5,000.00.
(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, in addition
to the penalties set forth in sec. 90-37(2),
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264
Sec. 90-38. Appeal to special master.
(a) Any person receiving a notice of violation pursuant to section 90-36 and/or g_notice
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
* * *
ARTICLEV.
CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS
Sec. 90-340. Recycling program and separation of recyclable materials from solid waste
stream required for multifamily residences of nine (9) dwelling units or more;
owner/association liability; recycling contractors' assistance.
(a) As of Januarv 1. 2013. everv multi-family residence of nine (9) dwelling units or
more shall provide a recycling program pursuant to this section or a City approved modified
recycling program pursuant to section 90-345. The property owner shall be liable for the failure
to provide a recycling program or a modified recycling program approved by the City, provided,
however. that a condominium or cooperative apartment having a condominium association or a
cooperative apartment association shall be liable. rather than the individual unit owner(s). for a
violation of this subsection. Further. recycling contractors shall assist and provide written notice
to the director of public works in identifying multifamily residences subject to this article which do
not have a recycling program or. in the alternative. which have allowed a recycling program to
lapse or expire.
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265
(b) As of January 1, 2013, every multifamily residence of nine (9) dwelling units or
more shall be required to use a single stream recycling process to separate, from all other solid
waste, the five (5) following recyclable materials:
1l Newspaper. Used or discarded newsprint. including any glossy inserts;
.f). 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;
~ 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;
§.1 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
(c) Everv multifamily residence of nine (9) dwelling units or more shall be serviced
by a recycling contractor licensed by the city and state.
Sec. 90-341. Recycling program and separation of recyclable materials from solid waste
stream required for commercial establishments; joint and several liability; recycling
contractors' assistance.
~ As of January 1, 2013, every commercial establishment shall provide a recycling
program pursuant to this section or a City approved modified recycling program pursuant to
section 90-345. The failure of a commercial establishment to provide a recycling program or a
modified recycling program shall result in joint and several liability for the property owner(s) and
the owner(s) and operator(s) of the commercial establishment. Further, recycling contractors
shall assist and provide written notice to the director of public works in identifying commercial
establishments which do not have a recycling program or, in the alternative, which have allowed
a recycling program to lapse or expire.
{Q1 As of January 1, 2013, every commercial establishment shall be required to use
a single stream recycling process to separate, from all other solid waste, three (3) of the
following seven (7) recyclable materials.
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1l Newspaper. Cardboard. Magazines. and Catalogues. Telephone Books and/or
Directories. and Office Paper. As defined, but not limited to, the same type(s) of
recyclable materials as provided in Section 90-340(b)(1);
-'l Glass. As defined and including the same type(s) of recyclable materials as
provided in Section 90-340(b)(1)(2);
~ Metal food and beverage containers. As defined and including the same type(s)
of recyclable materials as provided in Section 90-340(b)(3);
i} Other metal containers. As defined and including the same type(s) of recyclable
materials as provided in Section 90-340(b)(4), 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. As defined and including the same type(s) of recyclable materials as
provided in section 90-340(b)(5);
§l Textiles;
Zl Wood. Clean wood waste and/or pieces generated as by-products from
manufacturing of wood products. 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,
.(9. Every commercial establishment shall be serviced by a recycling contractor
licensed by the city and state.
Sec. 90-342. Unauthorized collection of designated recyclable materials.
Only those recycling contractors that have been authorized and licensed by the city and
the state to collect designated recyclables in the city shall be authorized to collect recyclable
materials under this article. All recycling contractors shall comply with all applicable state and
city laws and regulations.
Sec. 90-343. Public education program; requirements for recycling contractors; warning
period; enforcement date.
21 Beginning June 1, 2012, the city shall engage in public education efforts and the city
shall not prosecute individuals who unknowingly fail to provide a recycling program
or a city approved modified recycling program, or unknowingly fail to separate
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recyclable materials from all other solid waste materials required to be separated by
this article, until as provided in subsections (c) and (d) of this section.
Ql 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.
fl Beginning January 1, 2013. the city shall provide for a six (6) month warning period,
through and including December 31, 2012, in which warning tickets shall be issued
to persons who fail to provide a recycling program. or a City approved modified
recvcling program. or fail to separate recyclable materials from all other solid waste
materials. regardless of knowledge or intent.
Ql Beginning July 1, 2013. this article shall be enforced and penalties shall be applied
and imposed for violations of this article as provided in sections 90-345 and 90-346.
Sec. 90-344. Modified recycling programs .
.@). Recycling programs which incorporate modifications. substitutions or reductions to the
requirements of Sections 90-340 and 90-341 may be submitted to the city's public works
director ("director") for approval. Approval. rejection, or approval with conditions of the
proposed modified recycling program shall be determined by the director. The director
shall consider the following factors in evaluating the proposed modified recycling
program:
ill Whether the establishment operates a recycling program, and is self-hauling the
materials to a recyclable material vendor.
ill Whether the establishment generates a lesser number of recyclable materials
than the required minimum types of recyclables required in Sections 90-340 or
90-341, as applicable .
.Ql Whether the establishment generates and recycles materials not listed in Section
90-340 or Section 90-341 , as applicable .
.(i} Whether the establishment is contracting with a permitted private hauler for
collection services, which services provide for a post-collection separation of
recyclable material. and which:
ill generate recyclable materials which comply. in kind and quantity. with the
recycling requirements provided for in Section 90-340 or Section 90-341,
as applicable; and
illl utilize a materials separation facility which is permitted in accordance with
all applicable federal. State and local laws .
.(Ql Any person seeking approval of a modified recycling program shall submit an application
in such form as is prescribed by the director. All modified recycling programs shall be
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reviewed on an annual basis and applicants shall be required to confirm or revise the
information contained in their applications at that time. An application for approval of a
modified recycling program shall include. but not be limited to. the following
documentation. as appropriate to the specific application:
ill Supporting documentation to evidence self-haul activities. which shall include
proof of source-separation activities and copies of receipts from recyclable
material purchasers.
m_ A waste composition study of the waste generated by the applicant. which shall
cover a representative time period of no shorter than one ( 1) week .
.@l A copy of the applicable contract with a post-collection separation facility, specifying
materials and volumes recycled which are attributable to the applicant.
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) Whenever a designated city inspector observes a violation(s) 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 property owner or upon the manager or
other person in charge. Such person(s) shall immediately cease or abate the violation(s).
(c) 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. manager. or other person in charge. and the
city shall have the right to recover such expenses as provided in section 90-37(1).
(d) A notice of violation shall be served personally or by certified mail upon the property
owner. or upon the manager or other person in charge of 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.
(e) Beginning July 1. 2013. violators of sections 90-340 and 90-341 shall be issued one
warning and shall correct the violation within 30 days. If the violation is not corrected within 30
days. a notice of violation shall be issued. After one warning, violators of sections 90-340 and
90-341 shall be issued a notice of violation. All notices of violations shall specify any fine or
penalty that may be due in connection with the violation(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.
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Sec. 90-346. Penalties for violations of this article; removal of recyclable materials by
city; liens imposed for failure to pay fines or appeal .
.(ill Penalties for violations of sections 90-340(a) and 90-341 (a) shall be as follows:
(1) For the first violation, a fine of $350.00.
(2) For the second violation. a fine of $500.00.
(3) For the third violation, a fine of $1000.00.
(4) For the fourth violation. a fine of $2.500.00.
{Ql The penalty for violation of sections 90-340(b) and 90-341 (b) shall be as follows:
{fl
violation.
ill For the first violation, no fine.
ill For the second or subsequent violations. a fine of $100.00.
The penalty for all other violations of this article shall be $250.00 for each
@ Any penalty due pursuant to this article shall be charged to the person or entity
as provided in section 90-340(a) or section 90-341 (a). Failure to pay such costs and penalties,
or to appeal pursuant to section 90-347 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 shal.l 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.
,(§1 For violations which (i) present a serious threat to the health. safety or welfare of
the public, and/or (ii) constitute a fourth or subsequent offense by the same violator under
section 90-346(a). 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. in addition to the penalties set forth in section 90-346(a), (b), or (c), as
applicable.
Sec. 90-347. Appeal to Special Master.
(a) Any person receiving a notice of violation pursuant to this article 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
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resulting in the issuance of the notice. The procedures and application fee for the scheduling
and conduct ot' 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. 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 or enforcement procedures pursuant to section 90-347. until thirty (30) days after the
issuance of a written determination by the special master. Any costs or penalty amounts 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 premises. and any other
enforcement or collection procedures may be commenced. as provided by this chapter or under
state law.
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
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions and Strike through denotes deletions.
F:\A TTO\TURN\ORDINANC\Recycling Program Ordinance 2012.docx
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<9 MIAMI BEACH Attachment B Recycling Ordinance Fiscal Analysis • 1 Full-time & 1 Part-time Sustainability Officers EXPENDITURES Staffing Hourly Rate Hours # Salary Pension Medicare Health OT Holiday Pay Uniforms Total FT -Sustainability Officer $ 20.09 2,080 1 $ 41,787.20 $ 845 $ 605.91 $2,487 6,257 $ 592.20 $ 921.32 $53,495 PT -Code Compliance Off. $ 20.09 1,534 1 $ 30,818.06 $ 770 $ 446.86 $0 0 $ 600.00 $32,635 TOTAL C).J0"1 1 $41,787 $845 $606 $2,487 6,257 $592 $921 $53,495 On-Going Operating Expenditures Cost I unit # Fuel, Maintenance & Insurance $ 6,505 2 $ 13,010.00 ~13,010 Office Supplies $ 463 2 $ 926.00 $926 TOTAL $ 13,936.00 13,936 One-Time Expenditures Cost/ unit # TOTAL ANNUAL I $67,431 I N Vehicles -Ford Focus $ 13,133 2 $ 26,266.00 EXPENDITURES ...... N Furniture, Fixtures & Equipment $ 1,000 2 $ 2,000.00 Computers and Software $ 4,269 2 $ 8,538.00 (Data provided by IT) Plus 1st Year Start-Up Costs I $36,804 I TOTAL $ 36,804 TOTAL-First Year I $104,235 I