R5G-Amend Ch 90 Solid Waste Fine Schedule-Violations Issued -Weithorn-Condensed Title:
Ordinance Amending Chapter 90, Entitled "Solid Waste," By Amending Article ll, Entitled
"Administration," By Amending Section 90-39 Thereof, Entitled "Fine Schedule For Violations
lssued And Applied To Owners, Agents, Tenants, Occupants, Operators Or Managers, Or
Persons For The Violation," To Amend The Fine Schedules Therein.
COMMISSION ITEM SUMMARY
Item Summary/Recommendation :
SECOND READING
This is a request regarding proposed amendments of Chapter 90, Subsection 39 of the City
of Miami Beach Code of Ordinances, pertaining to Solid Waste violations. The request is
sponsored by Commissioner Deede Weithorn.
Research reflects that a number of solid waste violations in Chapter 90 of the City of Miami
Beach Code have not been amended for a number of years; and in some instances,
decades. Thus, the Administration recommends that solid waste fines, which include but are
not limited to the illegal disposal of biohazardous and/or hazardous waste (currently at $250
for first offense) be increased to $1,000.00; or that the illegal disposal of garbage, trash,
and/or industrial waste (currently at $50 for first offense) be increased to $200.00. The
objective is to significantly increase the fines in order to create a financial deterrent. The
Commission requested that fines be quadrupled from the current fine schedule.
At First Reading on September 2,2015, Commissioner Deede Weithorn and Commissioner
Joy Malakoff both reflected how the proposed fine schedules were still too low, that some
businesses view the sanitation fines as part of their operational costs. Both Commissioners
reflected that in order to influence a change in behavior, the fines needed to be a true
deterrent and required to be higher. The proposed ordinance was adopted at First Reading
with an amendment to double the fines that were originally proposed. The Administration
recommends that the City Commission approve the Ordinance at Second Reading.
Strengthen internal controls to achieve more accountability.
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
N/A
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary: No fiscal impact is anticipated.
Code Compliance Department
T:\AGENDA\201 S\Oclober\CODE Summary Solid Waste - Second
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City of lrtiomi Beoch, I700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Mem of the C Commission
r--. --.i!'I/--
FRoM: Jimmy L. Morales, City
DATE: October 14,2015 SECOND READING - PUBLIC HEARING
SUBJECT: Chapter 90 Amendment
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE CODE OF THE CITY OF
MIAMI BEACH, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE II,
ENTITLED "ADMINISTRATION," BY AMENDING SECTION 90.39 THEREOF,
ENTITLED "FINE SCHEDULE FOR VIOLATIONS ISSUED AND APPLIED TO
OWNERS, AGENTS, TENANTS, OCCUPANTS, OPERATORS OR MANAGERS, OR
PERSONS RESPONSIBLE FOR THE VIOLATION," TO AMEND THE FINE
SCHEDULES THEREIN; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMMENDATION
The Administration recommends the approval of the Ordinance at Second Reading.
BACKGROUND
This is a request regarding the proposed amendment of Chapter 90, Subsection 39 of the City
of Miami Beach Ordinances, pertaining to the increase in civil fines for Solid Waste violations.
The request is sponsored by Commissioner Deedee Weithorn.
Research reflects that a number of solid waste violations in Chapter 90 of the City of Miami
Beach Code have not been amended for a number of years; and in some instances, decades.
Thus, the Administration recommends that solid waste fines, which include but are not limited to
the illegal disposal of biohazardous and/or hazardous waste (currently at $250 for first offense)
be increased to $1,000.00; or that the illegal disposal of garbage, trash, and/or industrial waste
(currently at $50 for first offense) be increased to $200.00. The objective is to significantly
increase the fines in order to create a financial deterrent. The Commission requested that fines
be quadrupled from the current fine schedule.
At First Reading on September 2, 2015, Commissioner Deede Weithorn and Commissioner Joy
Malakoff both reflected how the proposed fine schedules were still too low, that some
businesses view the sanitation fines as part of their operational costs. Both Commissioners
reflected that in order to influence a change in behavior, the fines needed to be a true deterrent
and required to be higher. The proposed ordinance was adopted at First Reading with an
amendment to double the fines that were originally proposed.
472
Commission Memorandum
Chapter 90 Amendment - Second Reading
October 14, 2015 Page 2 of 2
FISCAL IMPACT
The amendment will have no financial impact on departments that address Solid Waste related
issues and code violations.
CONCLUSION
The Administration recommends that the City Commission approve the Ordinance at Second
Reading. ,
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T:\AGENDA\201S\October\CODE COMPLIANCE\Solid Waste - Amendment to Fine Schedule - Second Reading.docx
473
ORDINANCE NO.
AN ORDTNANCE OF THE MAYOR AND CIry COMMISSION OF
THE CITY OF MIAMI BEAGH, FLORIDA, AMENDING CHAPTER
90 OF THE CODE OF THE CITY OF MIAMI BEACH,
ENTITLED "SOLID WASTE," BY AMENDING ARTICLE II,
ENTITLED ..ADMINISTRATION," BY AMENDING SECTION 90.
39 THEREOF, ENTITLED "FINE SCHEDULE FOR VIOLATIONS
ISSUED AND APPLIED TO OWNERS, AGENTS, TENANTS,
OCCUPANTS, OPERATORS OR MANAGERS, OR PERSONS
RESPONSIBLE FOR THE VIOLATION," TO AMEND THE FINE
SCHEDULES THEREIN; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City"), because of overriding public health,
safety, and welfare considerations, retains regulatory authority over solid waste collection and
disposal; and
WHEREAS, the provisions of Chapter 90 of the City Code are intended to ensure that
solid waste collection and disposal in the City is efficient and responsive to public complaints,
and that the public convenience, aesthetic and environmental considerations, and the public
investment in right-of-way property are protected, and
WHEREAS, Section 90-39 sets forth a fine schedule for, among other things, solid
waste violations or accumulations of solid waste that create a health hazard, environmental
hazard, ornuisance; the illegal disposal of garbage, trash, industrial and bulkywaste; the illegal
disposal of garden trash, tree, and shrubbery trash and/or special handling trash; and the illegal
disposal of biohazardous and/or hazardous waste; and
WHEREAS, Section 90-39 also sets forth fines for the following violations of Chapter 90:
the presence of garbage facilities on public property without a permit; open lids on garbage
facilities; garbage facilities with insufficient capacity; an insufficient frequency of garbage
collection; overloaded garbage facilities; a lack of or deterioration of garbage facilities; and the
presence of garbage or miscellaneous trash around garbage facilities; and
WHEREAS, an increase in the fine schedule is necessary to deter future violations and
protect the public health, safety, and welfare; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article ll of Chapter 90 of the Code of the City Miami Beach is hereby
amended as follows:
474
GHAPTER 90
soLrD yorr:
ARTICLE II. ADMINISTRATION
Sec. 90-39. Fine schedule for riol"tion" i""r"O
"nO "ppli"d to owners, agents, tenants,
occupants, operators or managers, or persons responsible for the violation.
Fine
(a) Violation(s) of section 90-36: A solid waste violation or
accumulation of solid waste that creates a health hazard,
environmental hazard or nuisance:
a. First offense ..... ${€0,0O $€€€€g $rc0000
b. Second or subsequent offense ..... 200€0 $1# $2J00O0
(b) Violations of sections 90-96, 90-97 and 90-98:
(1) Garbage facilities on public property without a
permit:
a. First offense per qarbaqe facilitv ..... $5+eO $4€g€g $200-00
b. Second or subsequent offense per
oarbaoe facilitv ..... {€OSg $5eg€g 9L000-00
Fine for
failure to
correct in
specified time
after notice
(2) Dumpsters located and kept on front yard or side
yard facing street (corner lots) ..... $50SO $4€e€O $200-00
(3) Dumpsters not kept in approved garbage
storage facility ..... 5g€g ${€€€g $200-00
(4) Owners; occupants; or operator or managers
without garbage collection service where
required by this chapter (private or city) ..... {€0.€O $39€€8 $400-00
(5) lndividual properties with different ownerships
sharing the same service, with or without consent,
per owner ..... {€0SO $2€€€g $400,00
475
(c)Violations of secfions 90-99 and 90-100:
(1) Open lid on garbage facility(ies) .....
(2) lnsufficient garbage facility(ies) capacity .....
(3) lnsufficient frequency of garbage collection .....
(4) Overloaded garbage facility(ies) .....
(5) Lack of/or deteriorated garbage facility(ies) .....
(6) Garbage or miscellaneous trash around garbage
facility(ies) .....
Viol ations of section s 90-1 00-90-1 05:
(1) lllegal disposal of garbage, trash, industrial and bulky waste:
a. First offense .....
b. Second or subsequent offense .....
(3)
Fine
$25sg $€€€s $l_00-00
50€o $4€€€s $200x0
50ss $4€€€s $200-00
50ss $4€€+s $200_00
50se $4€€€s $200-00
50€e $44p€s $200_00
$50,00 $m $50000
100€0 $€€g€g $1.000.00
50€o$e€€€e$500x0
{€o€o $Ee€+s s1.000.00
250€0 $4# $2.000.00
1-00040 s+€€€€g $4i00_00
(d)
(2)lllegal disposal of garden trash, tree and shrubbery trash and/or special handling
trash:
SEGTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
remainder shall not be affected by such invalidity.
476
SECTION 4. CODIFIGATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect on the
PASSED AND ADOPTED this
day of 2015.
day of 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Deede Weithorn)
Underline denotes additions
S*it<e+n+eugh denotes deletio ns
Double-unrlerline denotes additions after First Reading
W denotes deletions after First Reading
APPHo)\GDASTO
FORM & LANGUAGE
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