Ordinance 2025-4776 ORDINANCE NO. 2025-4776
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI
BEACH CITY CODE, ENTITLED "SOLID WASTE," BY AMENDING
ARTICLE IV, ENTITLED "PRIVATE WASTE CONTRACTORS," BY
AMENDING DIVISION 4, ENTITLED "SPECIALTY CONTRACTORS,"
BY AMENDING SECTION 90-278 THEREOF, ENTITLED "FEES AND
REQUIREMENTS; PENALTIES FOR NON-PAYMENT" TO MAKE
CERTAIN CLARIFICATIONS REGARDING THE PENALTIES PAYABLE
FOR FAILURE TO PAY COLLECTION FEES; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, Ordinance 2024-4670 which was adopted on November 20, 2024, set forth
the new requirements for C&D container permits and the associated permit fees; and
WHEREAS, the Section 90-278 needs to be amended to delete the reference to section
90-277 which we repealed in Ordinance 2024-4670 and to correct a scrivener's error relating to
the alpha numbering in section 90-278(7)(b), and to clarify the penalty for failure to remit C&D
collection fees.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Division 4, entitled "Specialty Contractors," by amending Section 90-278 thereof,
entitled "Fees and Requirements; Penalties for Non-PaymenY' is hereby amended as follows:
CHAPTER 90
SOLID WASTE
* * *
ARTICLE IV. PRIVATE WASTE CONTRACTORS
* * *
Sec. 90-278. Fees and requirements; penalties for non-payment.
C&D haulers and other persons engaged in the collection or disposal of construction and
demolition debris with or without a grapple service, with or without the use of C&D containers,
using dump trucks, trailers of any kind, or any other heavy equipment are required to obtain a
C&D collection permit pursuant to section 90-276 and shall submit 20 percent of their gross
monthly receipts as set forth below:
(1) On-street C&D collection fee. When the C&D container is to be located on the
street, the on-street C&D collection fee shall be 20 percent of the contractor's total
monthly gross receipts for the month in which the C&D collection permit was issued
and every month thereafter for so long as construction and demolition debris
collection and removal services are being provided within the city. Four barricades
with flashing lights shall be posted. In addition, when the C&D container is to be
located in parking meter spaces, an additional fee shall be due, as set forth in
appendix A, per meter, per day.
(2) Off-street C&D collection fee. When the C&D container is to be located on private
property or when there is no C&D container, the off-street C&D collection fee shall
be 20 percent of the contractor's total monthly gross receipts for the month in which
the C&D collection permit was issued and every month thereafter for so long as
construction and demolition debris collection and removal services are being
provided within the city.
(3) Collection fee exceptions. The following shall be exempt from obtaining a site-
specific C&D collection permit (if otherwise applicable) and the payment of C&D
collection fees pursuant to this section:
(a) Any single-family home renovations or repairs involving less than 1,000
square feet in the aggregate.
(b) Any multi-family building with two to eight units, provided that the
renovation or repair work and the work area is less than 1,000 square feet.
(c) Any multi-family building with nine or more units, provided that the
renovation work area is less than 1,000 square feet.
(4) List of accounts. Each C&D hauler shall provide the city manager with a current
list of the names and addresses of each account, upon initial application, and upon
any application for renewal, of its permit, the frequency of service, and the permit
number and capacity of each C&D container(if the account has a C&D container)
as per account and the address serviced by each C&D container. No property
owner may share an account with another property owner.
(5) Monthly report. Each C&D collection contractor shall deliver to the city's finance
department a true and correct monthly report of gross receipts generated during
the previous month (from accounts within the city)on or before the last day of each
month, regardless of whether any work was performed within the city during that
period. This monthly report shall include the customer names, service addresses,
account numbers, and the actual amount collected from each customer. Payments
of any fees required in this section shall be made monthly to the finance
department, on or before the last day of each month, for gross receipts of the
previous month. C&D haulers having annual gross receipts reported to the city
over$200,000.00 shall, on or before 60 days following the close of their fiscal year,
deliver to the finance department a statement of annual gross receipts (generated
from accounts within the city) certified by an independent certified public
accountant, reflecting gross receipts within the city for the preceding fiscal year.
Failure to timely submit the monthly report on or before the last day of each month
will result in a penalty as set forth in appendix A.
(6) Audit or inspection of C&D haulers' books and records. Each C&D hauler shall
allow the city auditors, upon reasonable notice and during normal business hours,
to audit, inspect and examine the contractor's books and records, and state and
federal tax returns, insofar as they relate to city accounts, to confirm the
contractor's compliance with this section. This information shall include, but not be
limited to, the following: billing rates, billing amounts, sequentially pre-numbered
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invoices, signed receipts, trip tickets, computer records, general ledgers and
accounts receivable sorted by service address. Additionally, the city auditors may
communicate directly with customers of the C&D hauler for the purpose of
confirming compliance with this section. Failure to provide requested and complete
records in a timely manner shall be cause for revocation of the permit pursuant to
chapter 18.
(7) Failure to pay permit fees or C&D collection fee; penalties for late payment. If a
C&D collection contractor fails to timely pay the C&D collection permit fee pursuant
to section 90-276� +ho /'`S1.fl nnn4�inor normi�foo /if�nnlinohlo\ ni�r�i i�n��n continn
S9-�� or the on-street C&D collection fees and off-street C&D collection fees as
set forth in subsections (1) and (2) of this section, respectively, the C&D collection
contractor shall pay any and all of the city's expenses for collection of such fees,
including, but not limited to, court costs, audit costs and reasonable attorney fees.
If the contractor fails to pay the full permit fee or the C&D collection fees on or
before the last day of each month, penalty fees shall be
as follows:
(a) Original delinquency. Any C&D hauler who fails to remit any permit fee
imposed by this division within the time required shall pay a penalty of ten
percent of the amount of the delinquent fee in addition to the amount of the
fee.
(b) Continued delinquency. Any C&D hauler who fails to remit the permit fee
on or before the 30th day following the date on which the fee first became
delinquent shall pay a second delinquency penalty of ten percent of the
amount of the fee in addition to the amount of the fee and the ten percent
penalty imposed pursuant to subsection (�a). An additional penalty of ten
percent of the amount of the delinquent fee shall be paid for each additional
30-day period, or part thereof, during which the permit fee is delinquent,
provided that the total penalty imposed by subsection (a) and this
subsection (b) shall not exceed 50 percent of the amount of the permit fee.
This penalty shall be in addition to the permit fee and interest imposed by
this division.
(c) Interest. In addition to the penalties imposed in subsections (a) and (b),
C&D hauler who fails to remit any permit fee imposed by this division shall
pay interest at the highest legal rate of interest permitted by law on the
amount of fee, exclusive of penalties, from the date on which the permit fee
first became delinquent until paid.
(d) Penalties merged with permit fee. Every penalty imposed and all interest
accrued under the provisions of this section shall become a part of the
permit fee required to be paid.
(e) The owner of a property where a project involving new construction or the
demolition of an existing structure was executed shall be jointly and
severally liable with the C&D hauler or other persons involved in the
removal of construction and demolition debris for the payment of any
unpaid permit fees, C&D collection fees, penalties and interest.
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(8) Evidence of payment. In order to effectively provide for the collection of the permit
fee by the contractor to the city, any person seeking to renew his/her annual
business tax receipt pursuant to the provisions of chapter 102, article V, in addition
to the requirements contained therein, shall provide to the finance director
evidence of payment of all outstanding permit fees, fines and other charges as a
condition to reissuance or renewal of the business license.
(9) Identification of equipment. All equipment utilized to collect and transport solid
waste in the city must be conspicuously marked on both sides of the automotive
unit with the name of the hauler, tare weight and cubic yard capacity. Identification
information must also be marked on all trailer and container units. All markings
must be in letters and numerals at least two inches in height.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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 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 shall take effect on the �� day of -5 E.' 4�.��; 2025.
PASSED AND ADOPTED this �� day of �/ �n16�r , 2025.
ATTEST: �
��✓ Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Tanya K. Bhatt) APPROVED AS TO
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Ordinances - R5 L
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: September 17, 2025 10:15 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI BEACH CITY CODE,
ENTITLED "SOLID WASTE," BY AMENDING ARTICLE IV, ENTITLED "PRIVATE
WASTE CONTRACTORS," BY AMENDtNG DIVISION 4, ENTITLED "SPECIALTY
CONTRACTORS," BY AMENDING SECTION 90-278 THEREOF, ENTITLED "FEES
AND REQUIREMENTS; PENALTIES FOR NON-PAYMENT" TO MAKE CERTAIN
CLARIFICATIONS REGARDING THE PENALTIES PAYABLE FOR FAILIiRE TO
PAY COLLECTION FEES; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
This item was prepared at the request of Commissioner Tanya K. Bhatt to update and clarify
Ordinance 2024-4670 which was adopted on November 20, 2024 and set forth the requirements
for C8�D container permits and the associated permit fees. Section 90-278 needs to be amended
to delete the reference to section 90-277, which was repealed in Ordinance 2024-4670, to�orrect
a scrivener's error relating to the alpha numbering in section 90-278(7)(b), and to clarify the
penalty for failure to remit C8�D collection fees.
FISCAL 11►11PACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 9/5/2025
See BIE at: https://www.miamibeachfl.qov/city-hall/city-clerk/meetinq-notices/
533 of 1214
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Ristht to Know" item, Is this item related to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
No No
Was this Aqenda Item initiallv requested bv a lobbyist which, as defined in Code Sec. 2-481,
includes a principal enqaqed in lobbvinq? No
If so, specify the name of lobbyist(s j and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Tanya K. Bhatt
Co-sponsor(s)
Condensed Title
10:15 a.m. 2nd Rdg, Solid Waste Fees/Requirements/Penalties for Non-payment. (Bhatt) CA
Previous Action (For Citv Clerk Use Onlv1
First Reading Public Hearing on 9/3/2025 - R5 W
534 of 1214