R5E-Amend Chapter 90 Recycling Program -Libbin-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 Article V, Entitled
"Citywide Recycling Program For Multifamily Residences And Commercial Establishments" By Amending
Section 90-343, Entitled "Public Education Program; Requirements For Recycling Contractors; Warning
Period; Enforcement Date," By Extending The Warning Period To December 31, 2013 And Extending The
Beginning Of The Enforcement Of Article V Of Chapter 90 To January 1, 2014; By Amending Section 90-
345, Entitled "Enforcement" By Providing For The Issuance Of One Warning Prior To The Issuance Of A
Violation Beginning January 1, 2014; 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 solid waste haulers operating in the City
have reported that approximately 50% of the multifamily and commercial establishments within the City do
not have a Recycling Program.
Item Summary/Recommendation:
On June 6, 2012, the City Commission adopted Ordinance No. 2012-3768 mandating multi-family
residences and commercial establishments implement a single-stream recycling program by July 1, 2013
and passed a motion requiring that the enforcement components of the ordinance be brought back for
discussion after the first year. The objective of the recycling ordinance was to increase the percentage of
waste diverted from landfills Citywide. The recycling ordinance provides for a one year City-led education
and community outreach effort, including a six month warning period before issuing penalties. Since July
2012, staff has conducted targeted outreach to the condominium and business community, including
participating in condominium workshops, attending condominium association meetings, and meeting
individually with properties to provide assistance with improving their recycling programs.
Per the ordinance, multifamily and commercial establishments that do not provide a recycling program
serviced by a licensed recycling contractor or that fail to separate recyclable material from the solid waste
stream have been subject to warnings since January 1, 2013. The ordinance stipulates that beginning July
1, 2013 properties without a recycling program will be subject to the penalties.
As of May 2013, 1477 multifamily residential buildings, businesses and commercial establishments within
the City of Miami Beach did not have a recycling program. This represents approximately 50% of all known
commercial and multifamily accounts. While some of these properties have expressed their reluctance to
comply with the ordinance requirements, other properties have indicated that limitations in the
customization (i.e. number of bins, size of bins) of the recycling programs have prevented compliance.
Additional constraints include space limitations within their property for recycling facilities and consistent
contamination of the recycling stream by uneducated residents.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON FIRST READING.
Adviso_ry Board Recommendation:
The Neighborhood and Community Affairs Committee recommended that the Ordinance be amended to
extend the education and outreach efforts and warning period for another six months and recommended
that the third waste hauler be selected prior to penalties coming into effect.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Cit Clerk's Office Le islative Trackin :
Department Director ger
ETC
Sign-Offs:
T:\AGENDA\2013\July 17\Recycling Ordinance Summary doc
MIAMI BEACH
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AGENDA ITEM F( 5 E
DATE 7-!l-JS
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 M City Commission
FROM: Jimmy L. Morales, City Manager
FIRST READING
DATE: July 17, 2013
SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING C APTER 90 OF THE MIAMI BEACH CITY CODE,
ENTITLED "SOLID WASTE," BY AMENDING ARTICLE V, ENTITLED "CITYWIDE
RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL
ESTABLISHMNETS" BY AMENDING SECTION 90-343, ENTITLED "PUBLIC
EDUCATION PROGRAM; REQUIREMENTS FOR RECYCLING CONTRACTORS;
WARNING PERIOD; ENFORCEMENT DATE," BY EXTENDING THE WARNING
PERIOD TO DECEMBER 31, 2013 AND EXTENDING THE BEGINNING OF THE
ENFORCEMENT OF ARTICLE V OF CHAPTER 90 TO JANUARY 1, 2014; BY
AMENDING SECTION 90-345, ENTITLED "ENFORCEMENT" BY PROVIDING FOR
THE ISSUANCE OF ONE WARNING PRIOR TO THE ISSUANCE OF A VIOLATION
BEGINNING JANUARY 1, 2014; PROVIDING FOR REPEALER SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance on First Reading
and set a Second Reading Public Hearing.
BACKGROUND
At the June 6, 2012 City Commission meeting, the City Commission adopted Ordinance No. 2012-
3768 mandating multi-family residences and commercial establishments implement a single-stream
recycling program by July 1, 2013 and passed a motion requiring that the ordinance be brought back
for their discussion of its enforcement components after the first year. The recycling ordinance
provides for a one (1) year City-led education and community outreach effort, including a six (6)
month warning period before issuing penalties.
Per the ordinance, over the last year staff has conducted targeted outreach to the condominium and
business community and has launched a public education campaign through various local media
outlets. And, since January 1, 2013, multifamily and commercial establishments that do not provide
a recycling program serviced by a licensed recycling contractor or that fail to separate recyclable
material from the solid waste stream have been subject to warnings.
The City's ordinance shares the same fee schedule provided by the County's ordinance. The
ordinance stipulates that beginning July 1, 2013 properties without a recycling program will be
subject to the following penalties for failing to provide a recycling program:
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City Commission Memo -Recycling Ordinance
July 17, 2013
Page 2 of2
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 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.
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.
Therefore, per the City's Memorandum of Understanding (MOU) with the County, the penalties
provided in the City's existing ordinance cannot be modified. The County has advised that it is
agreeable to allowing an additional period for further education and outreach with the understanding
that enforcement will begin in 2014.
As of May 2013, 1477 multifamily residential buildings, businesses and commercial establishments
within the City of Miami Beach did not have a recycling program. This represents approximately 50%
of all known commercial and multifamily accounts. While some of these properties have expressed
their reluctance to comply with the ordinance requirements, other properties have indicated that
limitations in the customization (i.e. number of bins, size of bins) of the recycling programs have
prevented compliance. Additional constraints include space limitations within their property for
recycling facilities and consistent contamination of the recycling stream by uneducated residents.
On June 26, 2013, the Neighborhood and Community Affairs Committee (NCAC) recommended that
the Ordinance be amended to extend the education and outreach efforts and warning period for
another six months (Attachment A). Also, in the upcoming months, the City will be selecting a third
franchisee waste hauler to provide waste services to multifamily and commercial establishments.
The NCAC recommended that the third waste hauler be selected prior to penalties coming into
effect.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Ordinance on First
Reading and set a Second Readi,ng Public Hearing.
Attachment:
A. Recycling Ordinance
MT/ETC/JJF/RWS/ESW
T:\AGENDA\2013\July 17\Recycling Ordinance Memo.doc
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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
ARTICLE V, ENTITLED "CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS,"
BY AMENDING SECTION 90-343, ENTITLED "PUBLIC EDUCATION
PROGRAM; REQUIREMENTS FOR RECYCLING CONTRACTORS;
WARNING PERIOD; ENFORCEMENT DATE," BY EXTENDING THE
WARNING PERIOD FROM JUNE 30, 2013 TO DECEMBER 31, 2013 AND
EXTENDING THE BEGINNING OF THE ENFORCEMENT PERIOD FROM
JULY 1, 2013 TO JANUARY 1, 2014; BY AMENDING SECTION 90-345,
ENTITLED "ENFORCEMENT," BY EXTENDING THE BEGINNING OF THE
ENFORCEMENT PERIOD FROM JULY 1, 2013 TO JANUARY 1, 2014;
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, pursuant to the adoption Ordinance No. 2012-3768, the City established 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, at its June 26, 2013 meeting, the City's Neighborhood/Community Affairs
Committee (NCAC) recommended that the City's education and outreach efforts provided in
Ordinance No. 2012-3768 should be extended for another six (6) months to increase program
participation and to allow for a third franchisee waste hauler in the City to be selected prior to
penalties coming into effect, and the City Administration and City Commission agree with the
NCAC recommendation; and
WHEREAS, Miami-Dade County has advised and agrees to an additional six (6) month
period for education and outreach prior to enforcement as provided in the amendments set forth
herein.
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 V, entitled "Citywide Recycling Program for Multifamily Residences
and Commercial Establishments," of Chapter 90 of the Miami Beach City Code, entitled "Solid
Waste," is hereby amended as follows:
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CHAPTER 90
SOLID WASTE
* * *
ARTICLE V.
CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS
* * *
Sec. 90-343. Public education program; requirements for recycling contractors; warning
period; enforcement date.
a) 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
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.
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.
c) Beginning January 1, 2013, the city shall provide for a six (6) twelve ill} month
warning period, through and including, June 30, 2013 December 31. 2013, in which
warning tickets shall be issued to persons who fail to provide a recycling program, or
a City approved modified recycling program, or fail to separate recyclable materials
from all other solid waste materials, regardless of knowledge or intent.
d) Beginning July 1, 2013 January 1. 2014, 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. Notwithstanding the foregoing, prior to July 1, 2013, the City
Manager shall bring the enforcement provisions of Article V to the City Commission
for its review and consideration.
* * *
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.
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(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 January 1, 2014, 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.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. 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 4. 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.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the day of-------' 2013.
PASSED and ADOPTED this day of _______ ,, 2013.
ATTEST:
MAYOR MATTI HERRERA BOWER
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions and Strike through denotes deletions.
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