HomeMy Public PortalAbout15-16 GARBAGE AND TRASH 1st Reading: June 10, 2015
2nd Reading: July 8, 2015
Public Hearing: July 8, 2015
Adopted: July 8, 2015
Effective Date: July 8, 2015
Sponsor: Commissioner Pinder
ORDINANCE NO. 15-16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA AMENDING CHAPTER 11, ARTICLES I THROUGH IV
AND ADDING ARTICLE V OF THE CITY OF OPA-LOCKA CODE OF
ORDINANCES CHAPTER 11, GARBAGE AND TRASH; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Opa-locka created Chapter 11, Articles I
through IV of the Opa-locka Code of Ordinances, relating to Garbage and Trash;
WHEREAS,the City Commission has conducted a comprehensive study of the City's Garbage
and Trash Ordinance and found that it was outdated and required amendment to best serve the
public health interests of the City of Opa-locka; and.
WHEREAS, to balance maintaining the level of solid waste service, the City Commission
directs the City Manager to immediately open the transfer station a minimum of three (3) days
per week.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. Chapter 11 of the Opa-locka Code of Ordinances is hereby amended as
follows:
ARTICLE I. - IN GENERAL
Sec. 11-1. - Definitions.
Ordinance No. 15-16
As used in this chapter:
Administrative surcharge shall mean the administrative and operational costs associated with
oversight and enforcement of this chapter. Said charge may be inclusive of civil penalties but are not
appealable or waivable.
Biological waste shall mean solid waste that causes or has the capability of causing disease or
infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other
wastes capable of transmitting pathogens to humans or animals. The term does not include human
remains that are disposed of by persons duly licensed in the State of Florida.
Biological waste collector shall mean any private solid waste contractor who collects, transports or
disposes of biological waste.
Biomedical waste shall mean any solid waste or liquid waste which may present a threat of infection
to humans. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory
and veterinary waste which contain human-disease-causing agents; discarded disposable sharps; human
blood, and human blood products and body fluids; and other materials which in the opinion of the
Department of Health and Rehabilitative Services of the State of Florida represent a significant risk of
infection to persons outside the generating facility.
Biomedical waste collector shall mean any private solid waste contractor who collects, transports or
disposes of biomedical waste.
Bulky waste shall mean, but not be limited to, large items of household refuse such as appliances,
furniture, accumulations from major tree cutbacks (exceeding ten inches in diameter and four feet in
length and weighing more than 50 pounds), large crates and like articles which shall be placed out for city
collection quarterly per year by residential unit owners paying for city service.
Calendar year shall mean the 12-month period beginning January 1st.
Cart-on-wheels shall mean the 96-gallon containers issued to residences by the city for waste
collection and are required to be used,
Certified recovered materials dealer shall mean a dealer certified under § 403.7046, Fla. Stat., who
handles, purchases, receives, recovers, sells or is an end user of recovered materials as defined herein.
Compacting services shall mean all equipment, processes or methods by which waste is reduced in
size or volume for disposal, including any packaging thereof, and includes, without limitation, rental fees,
maintenance fees, set-up fees or any other charges associated with such services.
Commercial account shall mean any hotel, motel, rooming house, tourist cabin, trailer park,
bungalow court, apartment building with rental apartments, cooperative apartments, and/or multiple-story
condominium buildings and any other commercial business or establishment of any nature or kind
whatsoever other than residential unit as defined in this section including the collection and disposal of
construction and demolition debris..
Commercial business or establishment shall mean and include all retail, professional, wholesale and
industrial facilities, governmental and quasi-governmental establishments and any other commercial
enterprises, for profit or not for profit, offering goods or services to the public.
Commercial property shall mean any hotel, motel, rooming house, tourist cabin, trailer park,
bungalow court, apartment building with rental apartments, cooperative apartments, and/or multiple-story
condominium buildings and any other business or establishment of any nature or kind whatsoever other
than a residential unit as defined in this section.
Commercial solid waste shall mean every waste accumulation, including but not limited to, dust,
paper, paper cartons, cardboard cartons, excelsior, rags, garbage, plastics, metal containers, recyclable
material, garden and yard clippings and cuttings, bulky waste and other waste which is usually attendant
to the operations of commercial business or establishment or commercial property.
Commercial solid waste service shall mean the collection and disposal of garbage, trash, recycling,
construction and demolition debris, solid and process waste for all commercial accounts.
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Ordinance No. 15-16
Container shall mean a durable plastic or other suitable material container of the type commonly sold
as a garbage can, including wheeled containers, having a capacity of 96 gallons, sufficiently strong for
workmen to empty conveniently, or may be lifted, and a plastic top with handle, and so constructed as to
permit the free discharge of its contents. The container must not have any inside structures such as
inside bands and reinforcing angles or anything within the container to prevent the free discharge of the
contents. The container shall be free of jagged or sharp edges.
Condominiums, or condominium buildings, shall be deemed to mean any building or structure that
evidences that form of ownership of real property which is created pursuant to the State of Florida
Condominium Act, which is comprised of units that may be owned by one or more persons, and in which
there is appurtenant to each unit an undivided share in common elements. Any condominiums with three
or more dwelling units therein shall be classified as commercial establishments for purposes of this
chapter.
Construction and demolition debris shall mean materials generally considered to be not water
soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt
roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure
as part of a construction or demolition project, and including rocks, soils, tree remains, trees, and other
vegetative matter which normally results from land clearing or land development operations for a
construction project, including such debris from construction of structures at a site remote from the
construction or demolition project site. For purposes of this chapter, construction and demolition debris
shall be classified as "solid waste." Further, mixing of construction and demolition debris with other types
of solid waste, including material from a construction or demolition site which is not from the actual
construction or destruction of a structure, will cause it to be classified as solid waste. The term "solid
waste" shall also include mixing of the following:
(a)Clean cardboard, paper, plastic, wood, and metal scraps from a construction project;
(b)unpainted, non-treated wood scraps from facilities manufacturing materials used for construction
of structures or their components and unpainted; non-treated wood pallets provided the wood scraps and
pallets are separated from other solid waste where generated and the generator of such wood scraps or
pallets implements reasonable practices of the generating industry to minimize the commingling of wood
scraps or pallets with other solid waste; and
(c) De minimis amounts of other non-hazardous wastes that are generated at construction or
destruction projects, provided such amounts are consistent with best management practices of the
industry.
Construction and demolition debris collector shall mean any exclusive commercial solid waste
franchisee who collects, transports or disposes of construction and demolition debris and shall be subject
to a registration fee as provided for§403.7046, Fla. Stat.
Construction dumpster or roll-off shall mean an approved open metal container without wheels, with
capacity up to 40 cubic yards, used at construction sites for the purpose of removing construction and
demolition debris, which includes rock, metal and other materials which are heavy in weight or substantial
in size, used in connection with a construction and/or demolition project.
Container shall collectively mean a construction dumpster, dumpster, roll-off or cart-on-wheels used
for commercial accounts,
Containerized waste shall mean and include refuse, not to include garbage as defined herein, which
is placed in cans, plastic bags, and/or bulk containers not exceeding three feet in length or weighing more
than 50 pounds.
Contractor or franchisee shall mean a private solid waste firm that is granted an exclusive right to
remove and dispose of solid waste from commercial accounts and residential units pursuant to the
provisions of this chapter.
Curbside shall mean the area between the sidewalk and the street edge or, in areas without
sidewalks, the area between the edge of the traveled portion of any public or private street and the
property line.
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Ordinance No. 15-16
Department shall mean the city department of public works.
Director shall mean the director of the department of public works.
Discarded building materials and fill shall be considered waste and come within the purview of this
chapter.
Dumping shall mean to throw, discard, place, deposit or bury any litter and/or refuse except where
permitted.
Dumpster shall mean an approved metal container on wheels with a tightfitting solid top and a
minimum capacity of one cubic yard.
Enforcement officer shall mean designated agents of the city manager, or franchisee, acting by and
through him/her, including but not limited to, code enforcement inspectors, police officers, outside
consultants and other third parties as may be chosen by the city manager or franchisee.
Franchisee or contractor shall mean a private solid waste firm that is granted an exclusive right to
remove and dispose of solid waste from commercial accounts and residential units pursuant to the
provisions of this chapter.
Franchise agreement shall mean an exclusive agreement between the city and a qualified firm to
provide commercial solid waste services, as defined in this chapter, within the city.
Franchise fees shall apply to commercial accounts and include, but not be limited to, a percentage of
gross revenue received, various one-time fees and temporary roll-off/container permit fee(s).
Fiscal year shall mean the 12-month period beginning October 1st.
Garbage shall mean all kitchen refuse generated from a residential unit.
Gross revenue received shall mean all monies resulting from all transactions and activities, within the
city, in the franchisee's regular course of business and trade including garbage, industrial, solid waste,
used cooking oil waste, environmental charges and fees, containerized waste, equipment rental and
leasing, fuel surcharge, construction and demolition debris, roofing materials, trash, litter, maintenance,
compactors, refuse and/or rubbish collection removal and disposal services rendered, hand bag
collection, recycling, or from any other source related directly or indirectly from waste collection services,
including, but not limited to, all income derived from leasing and renting of real or tangible personal
property, the use of dump trucks, grapping trucks, roll-off trucks, trailers, roll-off's, boxed in, framed,
fenced in, or otherwise designated storage areas, etc., containers, bagsters, chutes, and any other
vehicles and equipment used for collection and disposal of any debris by the franchisee, exclusive of
taxes as provided by law, whether wholly or partially collected within the city and less bad debts. Gross
revenue received shall not include income derived from the transportation, storage, treatment, collection,
and removal of biomedical, biological, or hazardous waste as herein defined.
Hazardous waste shall mean solid waste, or a combination of solid wastes, which, because of its
quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly
contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible
illness or may pose a substantial present or potential hazard to human health or the environment when
improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include
human remains that are disposed of by persons licensed under chapter 497 of Florida Statute.
Health and safety concern shall mean any inefficient and improper method of managing solid waste
collection which creates a hazard to the public health, causes pollution of air and water resources,
constitutes a waste of natural resources, has an adverse effect on land values and creates public
nuisances.
Household shall mean the whole or any part of a residential unit.
Householder shall mean a single person or head of a family using a household for himself or his
family.
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Ordinance No. 15-16
Illegal dumping shall mean the unauthorized placement of bulky waste or trash at the curbside or
other public right-of-way by any person outside of the scheduled time. In certain circumstances, this may
also apply to private property.
Industrial waste shall mean the waste products of canneries, water houses or packing plants,
condemned food particles, agricultural waste products, waste and debris from brick, concrete block,
roofing, shingle or tile plants, debris and waste accumulated from land clearing, excavation, building,
rebuilding and all alteration of buildings, structures, roads, streets, sidewalks or parkways, and any waste
materials which, because of their volume or nature, do not lend themselves to collection and incineration
commingled with ordinary garbage and trash, or which, because of their nature or surrounding
circumstances should be, for reasons of health or safety, disposed of more often than the city collection
service schedule provides for other types of garbage or waste.
Municipal city service shall mean a special assessment lawfully imposed by the city against
assessed property to fund all or any portion of the cost of the provision of solid waste service and water
and sewer service.
Municipal solid waste shall mean sludge unregulated under the federal Clean Water Act or Clean Air
Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or
garbage, trash, waste, bulky waste, special waste, or other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining,
agricultural, or governmental operations. Source separated recovered materials, as defined in this
chapter, are not solid waste.
Municipal solid waste fee shall mean a special assessment lawfully imposed by the city against
assessed property to fund all or any portion of the cost of the provision of solid waste and recyclable
materials collection and disposal services, facilities, or programs providing a special benefit to property as
a consequence of possessing a logical relationship to the value, use, or characteristics of the assessed
property.
Municipal solid waste service shall mean the collection and disposal of solid waste from all
residential units.
Noncombustible refuse shall mean refuse materials that are unburnable at ordinary incinerator
temperature (800 degrees through 1800 degrees Fahrenheit), such as metals, mineral matter, large
quantities of glass or crockery, metal furniture, auto bodies or parts, and other similar materials or
residues not usual to housekeeping or to the operation of stores or offices.
Public nuisance shall mean a container which appears to be utilized for commercial solid waste
collection without a city franchise agreement and poses a threat to the health and safety of the
community.
Recovered materials shall mean metal, paper, glass, plastic, textile, or rubber materials that have
known recycling potential, can be feasibly recycled, and have been diverted and source separated or
have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not
the materials require subsequent processing or separation from each other, but does not include
materials destined for any use that constitutes disposal. Recovered materials as described above are not
solid waste.
Recyclable material shall mean those materials which are capable of being recycled and which
would otherwise be processed or disposed of as solid waste.
Recycling shall mean any process by which solid waste, or materials which would otherwise become
solid waste, are collected, separated, or processed and reused or returned to use in the form of raw
materials or products
Residential unit shall mean any approved structure, with a certificate of occupancy, used or
constructed or modified or adopted for use as a single-family dwelling, duplex, cluster housing,
townhouse or multiple-family apartment building or other similar structure containing four or fewer
residential units, and which is located on a single lot, parcel or tract of land that is billed for municipal city
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Ordinance No. 15-16
service. Each dwelling unit of a duplex, cluster housing, townhouse, or multiple-family building or other
similar structure shall be deemed a separate residence and billed separately for municipal city service.
Roll-off or construction dumpster shall mean an approved open metal container without wheels, with
capacity up to 40 cubic yards, used at construction sites for the purpose of removing construction and
demolition debris, which includes rock, metal and other materials which are heavy in weight or substantial
in size, used in connection with a construction and/or demolition project.
Rubbish shall mean shrubbery, trees, palm fronds, and trimmings or limbs therefrom, and other
combustible material too large to be deposited in trash cans for collection.
Salvage materials shall mean recovered materials.
Sludge shall mean the accumulated solids, residues, and precipitates generated as a result of waste
treatment or processing, including wastewater treatment, water supply treatment, or operation of an air
pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or
similar waste disposal appurtenances.
Solid waste shall mean sludge unregulated under the federal Clean Water Act or Clean Air Act,
sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or
garbage, trash, waste, special waste, or other discarded material, including solid, liquid, semisolid, or
contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or
governmental operations. Source separated recovered materials, as defined in this chapter, are not solid
waste.
Source separated shall mean recovered materials that are separated from solid waste at the location
where the recovered materials and solid waste are generated. The term does not require that various
types of recovered materials be separated from each other, and recognizes de minimis solid waste, in
accordance with industry standards and practices, may be included in the recovered materials. Materials
are not considered source separated when two or more types of recovered materials are deposited in
combination with each other in a commercial collection container located where the materials are
generated and when such materials contain more than ten percent (10%) waste by volume or weight;
said materials will be considered solid waste. For purposes of this chapter, the term "various types of
recovered materials" shall mean metals, paper, glass, plastic, textiles, and rubber.
Special waste shall mean solid waste that can require special handling and management, including,
but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition
debris, ash residue, yard trash, and biological wastes. For collection purposes, illegal dumping shall be
considered special waste.
Special waste handling fee for trash and bulky waste shall mean the cost for residential collection
service outside the normal collection schedule. Effective January 1, 2016, the fee will be twenty-three
dollars ($23.00) per cubic yard with a minimum five (5) cubic yard charge of one hundred and fifteen
dollars ($115.00). Said fee shall be reviewed annually by the city manager and subject to change with
city commission approval.
Transfer Station shall mean a disposal site, maintained by the department or franchisee, where
householders of the city may deposit bulky waste, trash and/or rubbish.
Trash shall mean small, discarded materials from around the premises, such as cans, glass, paper,
paper cartons and other materials which can be deposited in the approved trash cans for collection, and
lawn clippings, grass cuttings, leaves and small trimmings that are limited to being placed in the approved
ninety-six (96) gallon garbage cans without protruding therefrom.
Waste shall mean trash and garbage.
Sec. 11-2. -Administrative regulations authorized.
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Ordinance No. 15-16
In order to implement the provisions of this chapter, the public works department shall from time to
time promulgate rules and regulations, as authorized by section 2-83 of this Code, regarding municipal
solid waste collection, whether by the city or by a private contractor. Departmental rules and regulations
shall be distributed to all prospective contractors in accordance with the applicable procurement process.
Sec. 11-3. - Prima facie evidence of accumulation of municipal solid waste.
Occupancy of any residential unit or any commercial property located in the city waste service area
shall be prima facie evidence that garbage, waste, trash, bulky waste or other refuse is being produced or
accumulated upon such premises.
Sec. 11-4. -Applicability to residential, commercial uses.
The provisions of articles I and II of this chapter shall apply to both residential and commercial uses
and premises in the city unless expressly limited to one or the other; provided, however, that if the
application of any provision in said articles to commercial uses would conflict with any franchise for the
collection of commercial waste or any regulation of the department of public works relating to the
franchised collection of commercial waste, such franchise or regulation shall prevail.
Sec. 11-5. -Only city or contractor to collect and dispose of municipal solid waste.
Except as otherwise provided herein, the department of public works, or contractor shall exclusively
collect all municipal solid waste from residential units within the city and dispose of same as permitted by
law. No municipal solid waste shall be collected or disposed of in the city by any other person. No owner
or lessee of any property shall on behalf of any tenant or occupant collect or dispose of municipal solid
waste produced or accumulated on said property.
Sec. 11-6. -Storage, removal of waste for salvage or resale.
Materials that are baled or otherwise tightly contained may be removed by the owner or a person
under contract to the owner for salvage or resale if the owner is receiving substantial payment for same;
provided that the owner or contractor has a valid permit from the city for the collection and disposal of
salvageable materials. All remaining materials shall be considered municipal solid waste and shall be
removed by the department of public works or contractor in a manner consistent with industry standards
and regulations.
Sec. 11-7. -Offensive or dangerous accumulations.
No municipal solid waste shall be permitted to accumulate so as to comprise a nuisance, fire hazard,
breeding place for flies or other insects, or harbor for rodents or health and safety concern.
Sec. 11-8. - Burning, burying, etc.; use as animal,fowl or fish food; transporting.
No municipal solid waste shall be burned, buried, placed around shrubbery or trees, or used as
animal, fowl or fish food, or transported upon the streets or public highways of the city. The burning,
burying, placing around shrubbery or trees, using as animal, fowl or fish food, or transporting on the
streets or public highways of the city of municipal solid waste, shall constitute prima facie evidence of
violation of this chapter by the householder or manager of the premises on which the same shall have
occurred or from which the same shall have been transported. The presence of ashes, charred wastes
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Ordinance No. 15-16
and like substances on the premises shall constitute prima facie evidence of burning. This section shall
not prohibit transportation by a contractor.
Sec. 11-9. - Regulation of containers; duty to provide.
The department of public works shall regulate the number, type, size and construction of all waste
containers which are placed for collection, whether by the city or by a contractor. It shall be the duty of
each occupant at a residential unit or commercial property, or from same, which waste is generated or
accumulated, to properly maintain containers in accordance with applicable regulations.
Sec. 11-10. - Removal prohibited except from approved containers.
Neither the department of public works or a contractor, shall remove waste that is not in an approved
container.
Sec. 11-11. -Containers to be kept covered.
Containers shall be kept tightly covered at all times except when actually placing waste in them or
removing it therefrom.
Sec. 11-12. -Containers to be grouped, accessible.
Containers for the use of the same building or structure, if more than one, shall be placed within five
(5)feet of each other, and where easily accessible to waste collectors.
Sec. 11-13. - Distance of residential containers from street.
In no event shall residential containers be kept in a place farther removed from the abutting public
street or road than a distance established by the department of public works.
Sec. 11-14. -Curbside placement; emergency; improvement of collection procedure; conditions.
(a) Curbside placement.Whenever, because of strike, natural calamity, or other emergency, or if the city
manager determines that it is necessary to improve the collection of garbage and trash service or to
provide for increased financial efficiency of the service, the city manager may order all or any
designated garbage or trash customer within defined areas to place garbage and trash containers at
the front property line or curb on the day of scheduled collection, by notice set forth in the preceding
monthly billing. Notice shall state the effective date for curbside placement. The manager may
establish all necessary rules to provide for safety, uniformity, sanitation and aesthetics relating to
collection and placement of container. The manager's order shall remain in full force and effect
unless modified or rejected by resolution of the city commission.
(b) Domestic garbage. Garbage and trash containers are hereby required to be placed on the front
property line or curb on the day of scheduled collection. Such containers shall be returned to their
normal place within twenty-four (24) hours after the scheduled collection date. Containers may be
placed at locations other than stated above with the approval of the city manager. Those containers
and locations not approved will not be picked up. Containers in approved locations will be emptied as
determined by the city manager.
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Ordinance No. 15-16
(c) Conditions. When ordered by the city manager receptacles and containers shall be provided by the
customer being serviced, except in areas where service is affected by automated collection systems.
In such areas, the initial automated system containers shall be specifically designated by the city and
shall be used exclusively for collection purposes. The customer shall be responsible for the
maintenance of all receptacles or containers in good condition and shall provide cleanliness and
repair. All receptacles and containers shall be provided with covers sufficiently tight to prevent
animals, flies or other insects from having access to the contents of the receptacles. Receptacles or
containers in which wet garbage or trash matter is placed shall be watertight. All receptacles and
containers shall be subject to the approval, inspection or condemnation by the public works
department.
(d) Separation of garbage, yard trash and rubbish. The city manager may order garbage to be
differentiated from garden trash and rubbish when placed in receptacles or containers for collection,
otherwise, garbage, garden trash and rubbish may be commingled for placement in containers or
receptacles for collection purposes.
2 _ �_ ;-
Sec. 11-15. - Placing on right-of-way or private property prohibited generally.
Except as otherwise provided herein, no rubbish, garbage, trash, bulky waste or waste of any type
shall be placed or deposited within the right-of-way of any public road or upon any private property within
the city limits except on those properties licensed and zoned specifically for said purpose. This section
shall not apply to the deposit or placing of waste materials, rubbish, bulky waste or trash on any property
by any governmental agency or utility, or by persons permitted to deposit building materials and fill in the
course of construction or of the reclamation of any land within the city as may be permitted by the city
manager pursuant to permits authorized by this Code.
Sec. 11-16. - Permit to place on private property.
(a) Required. Notwithstanding the provisions of section 11-15, rubbish, garbage, trash, bulky waste or
waste may be placed or deposited on private property upon obtaining a permit from the city manager
or designee and utilizing the franchisee for collection.
(b) Application. No permit authorized by this section shall be issued by the city manager or designee
until an application has been filed therefor, specifying the property to be used and accompanied by
the following:
(1) An affidavit designating the nature of the materials to be disposed of executed by the person
disposing of same.
(2) The written authorization of the owner of the property permitting disposal.
(3) Payment of a fee in the amount as presently established or as hereafter adopted by resolution
of the city commission.
(c) Duration, form, posting. No permit shall be valid for more than ninety (90) days from the date of its
issuance. All permits shall be on a form acceptable to the city manager and a true copy of the permit
shall be affixed on a stake within five (5) feet of the materials deposited closest to a public road.
(d) Denial. The city manager or designee may refuse the issuance of any permit where it appears that
the applicant has caused materials to be placed or deposited on any public or private lands within
the city without having obtained a permit from the city manager or designee prior thereto. Appeals
from the refusal of the city manager or designee to issue any permit shall be in accordance with the
provisions of this Code.
Sec. 11-17. - Placement, removal of rubbish, bulky waste from residential units.
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Ordinance No. 15-16
Section 11-15 shall not apply to rubbish or bulky waste placed only within the right-of-way of a public
road immediately abutting property owned, leased or under the control of a householder paying fees for
the collection and removal of municipal solid waste to the city, provided that tree trunks or branches of
trees shall be cut into lengths not exceeding five (5) feet; and that no single piece of rubbish or bulky
waste shall exceed fifty (50) pounds of weight. Said placement and removal shall be limited to four (4)
times per calendar year per residential unit effective January 1, 2016 and placed the weekend before the
scheduled collection day. No rubbish shall be removed from the premises by the department of public
works or contractor, unless it is the scheduled collection date for the area or the householder shall first
notify the department of public works or contractor and request a special collection removal. The
department of public works or contractor shall, in its discretion, designate the time of the special collection
removal and a special handling fee shall be assessed. Effective January 1, 2016, the cost for this service
will be twenty-three dollars ($23.00) per cubic yard, and there will be a minimum five (5) cubic yard
charge of one hundred and fifteen dollars ($115.00). Said charge shall be reviewed annually by the city
manager and shall be subject to change with city commission approval
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Sec. 11-18. - Responsibility for removal of industrial and noncombustible waste.
Industrial waste and noncombustible waste shall be disposed of in the manner and in such locations
as are prescribed by the director of public works. Removal of industrial waste and noncombustible waste
not subject to removal by the city, or any franchise of the city, shall be the responsibility of, and at the cost
of, the owner, occupant, operator or contractor creating or causing the accumulation of such material.
Upon approval of the director of public works, collection and disposal of the aforementioned waste may
be undertaken by the city, or franchisee, at the expense of the owner, occupant, operator or contractor,
provided that such collection and disposal does not interfere with other waste collection operations. Said
collection and disposal will incur a special handling fee, plus administrative costs, that may be assessed
to the property owner.
Sec. 11-19. -City not responsible for building debris, furniture,vegetation cut before occupancy.
The city shall not be responsible for collecting or hauling discarded building material, dirt, rock or
discarded furniture from private property. It shall not be responsible for collecting or hauling trees, bushes
or other vegetation cut on private property, before a certificate of occupancy is issued and no more than
quarterly per calendar year for residential units as described in this chapter.
Cross reference—Duty to clean building site, § 7-10.
Sec. 11-20. - Residential disposal of boxes, cartons.
All boxes and paper cartons originating from households shall be torn apart, flattened out, and
placed in a waste container in order to qualify for collection by the city.
Sec. 11-21. - Materials or liquids other than waste prohibited in containers.
No materials or liquids other than wastes ready for removal shall be kept in waste containers.
Sec. 11-22. -Garbage to be drained and wrapped.
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All garbage must be thoroughly drained of liquid matter and shall be well wrapped in paper before
being deposited in containers.
Sec. 11-23. - Deposit of feces.
No human feces shall be placed in waste containers. Animal feces must be well wrapped in paper.
Sec. 11-24.- Disposal of animal carcasses.
Carcasses of small animals shall be wrapped in paper and tied and placed in waste containers for
removal. Disposal of larger carcasses shall be the responsibility of the householder or manager.
Sec. 11-25. - Deposit of dangerous substances.
All glass, razor blades, and all other like materials shall be securely wrapped so as to prevent
personal injury to collectors and shall be deposited in waste containers. No hot ashes, tar, grease,
chemicals, poisons or other materials offering a hazard to the collectors shall be placed in waste
containers.
Sec. 11-26. - Hazards in way of collectors.
It shall be unlawful to permit hazards in the line of ingress or egress of waste collectors.
t ,
Sec. 11-27. -Structure foundations must be demucked.
(a) All structure foundations must be demucked in accordance with the South Florida Building Code. An
engineer's soil compaction certificate is required before a building permit is issued.
(b) Only clean fill, limited to crushed limerock, sand, dirt, concrete debris and other environmentally
acceptable materials which comply with the South Florida Building Code will be permitted.
(c) The following materials are not acceptable: Petroleum products and by-products; roofing materials;
lumber or wood; furniture; glass, aluminum, trees or parts of trees; cut vegetation; rubber; wire or
cable; insulation materials; plastic materials; fabric materials; trash and garbage.
(d) Any person violating any of the provisions of this section shall be punished by a fine not exceeding
five hundred dollars ($500.00) or by imprisonment in the county jail for a period not to exceed sixty
(60) days, or by both a fine and imprisonment at the discretion of the court.
Sec. 11-28. - Disposal of tires; requirement for identification of tires with business occupational license
number.
All businesses disposing of tires shall prior to disposal imprint, emboss, or identify with indelible ink
or paint on each tire the occupational license number of said business. The occupational license number
shall be placed in a conspicuous place on the tire to be readily identifiable.
Secs. 11-29-11-36. - Reserved.
Page 11
Ordinance No. 15-16
ARTICLE II. -CHARGES FOR ASSESSMENT OF RESIDENTIAL COLLECTION
Sec. 11-37. -When charges commence; continuation during temporary vacancy.
Waste fees shall be chargeable upon occupancy or upon the initial connection of permanent
electrical utility service or water service to the property or whenever the first waste pickup from the
property is made by the city or by its contractor, whichever shall first occur. Waste fees shall remain
chargeable against any property during the period any of the foregoing services are supplied to the said
property, notwithstanding that a temporary vacancy may occur.
Sec. 11-38. - Responsibility for payment.
The failure of any owner to make the payments as required by this chapter shall not relieve the
householder or manager of a commercial account from the necessity of doing so; nor shall the failure of
any such householder or manager to make such payments relieve the owner from the necessity of doing
so. Compliance by the owner with the requirements hereof shall relieve the householder or manager of a
commercial account and compliance by the householder or manager of a commercial account shall
likewise relieve the owner or owners. Non-compliance by either shall not excuse the other.
Sec. 11-39. -Separation of household and commercial accounts.
No commercial account within the meaning of this chapter, even though located in an apartment
house, shall be considered a part of the apartment, but shall be treated as a separate commercial
account. Neither shall a household within the meaning of this chapter, even though located in a
commercial building, be considered as a part of the commercial account but shall be treated as a
separate household and pay the rates prescribed for households.
Sec. 11-40. -Schedule of residential charges.
A schedule of charges shall be prescribed by ordinance from time to time, which shall be kept on file
in the city clerk's office.
Sec. 11-40(a).- Residential solid waste assessment.
All residential units shall be billed for services provided herein through a non-ad valorem assessment
on their tax bill and shall be subject to the provisions thereof.
The city manager shall review this assessment annually and determine whether to recommend a
modification of same for city commission approval.
Sec. 11-49. - Lien for city charges.
Each garbage, trash or waste fee charged pursuant to this Code for collection by the city is hereby
made a lien on the premises benefited by the services of the city. Notice of lien shall be mailed by
certified mail to the property benefited. The lien on the premises benefited shall be certified to and filed
with the clerk of the circuit court of Dade County, Florida, in the manner provided for liens generally. The
lien for said services with interest and penalties allowed by law shall be collected as other municipal taxes
are collected and enforced and may be foreclosed in the manner provided by law.
Page 12
Ordinance No. 15-16
(Code 1955, § 12-56)
Sec. 11-53. Residential Solid Waste Assessment.
(a) The solid waste assessment for each residential unit in the city shall be approved by city
commission.
(b) The city manager may annually review the residential solid waste assessment and recommend a
modification to this assessment for city commission consideration and approval as necessary.
(c) Further, the enforcement officer is empowered with the authority to assess fees for illegal dumping
that constitute a lien on the premises benefited by the services of the city or its contractor. Notice of
the lien shall be mailed by certified mail to the property benefited. The lien on the premises benefited
shall be certified to and filed with the clerk of the circuit court of Dade County, Florida, in the manner
provided for liens generally. The lien for said services with interest and penalties allowed by law shall
be collected as other municipal taxes are collected and enforced and may be foreclosed in the
manner provided by law.
,.,
1 Om N_; 2C-9' CAF
Secs. 11-54-11-62. - Reserved.
ARTICLE III. - PRIVATE NONRESIDENTIAL COLLECTION
Sec. 11-63. - Legislative intent.
It is the purpose and intent of this article to provide, by franchise agreement, for the collection of all
garbage, trash, rubbish, construction and demolition materials, bulky waste, and industrial waste,
collectively defined as "commercial solid waste", generated from commercial property, as may be
designated by the city within the City of Opa-locka, Florida. No private waste collector heretofore not
licensed by the city or hereafter not authorized by the city shall collect or haul discarded building material,
dirt, rock, plaster, lumber or discarded furnishings and fixtures, equipment, construction debris, or to
collect or haul trees, bushes or other vegetation cut on commercial property. Said material shall be
removed and disposed of by the franchisee. All commercial solid waste services for all commercial
accounts shall be provided by the franchisee.
Page 13
Ordinance No. 15-16
Wshall mean commercial solid wasteSec. 11-64. - Franchise required; relative rights of franchisee and
city.
(a) The city shall issue an exclusive franchise agreement to engage in commercial solid waste service ,
provided that an applicant for said franchise agreement shall, in the judgment of the city commission,
be qualified to serve in such capacity, and further provided that said applicant for said franchise shall
meet the specifications set forth in this article as a condition for the issuance of said franchise
agreement, and such other specifications and requirements as the city commission may from time to
time promulgate. The city retains all of the powers of a municipality of the State of Florida, for the
exercise of its police power governing the health and welfare of its citizens for the purpose of
reviewing the services rendered to the commercial, multifamily and nonresidential accounts, the
maintenance of rate schedules, method employed for the accumulation and removal of waste, and
the imposition of penalties for failure to render service to particular commercial accounts or the
violation of the provisions of this Code.
(b) The city manager or designee shall, with the successful applicant, have the power to establish the
type, frequency and amount of solid waste collection service needed and to be rendered to all areas
of the city and to promulgate rules and regulations not inconsistent herewith. Further, the city
manager or designee, along with the franchisee, is authorized to implement the terms of the
franchise so that questions of use of public streets, problems of access to customers for service
which might arise from time to time, complaints, if any, and other questions can be justly and
expeditiously resolved. The city shall provide means of egress and ingress to points to be collected
by the franchisee and require the cooperation of its citizenry and commercial establishments in
implementing the services provided by this article.
(c) The franchisee shall not be authorized to assign its license or subcontract any portion thereof without
the specific written consent of the city.
(d) The city shall determine the monthly rate schedule for service of all accounts in the city and said
rates shall be binding, upon mutually consent, with the franchisee. The rate schedule shall be subject
to review once a year at each anniversary date of the franchise agreement. The franchisee may
petition the city commission for a change in the scheduled rates and shall submit proper proof and
substantiation to the city commission which, in its discretion, may amend the schedule of the rates
applicable to the franchisee.
(e) The city manager, or franchisee, shall be assigned the responsibility for enforcement of commercial
solid waste collection procedures enumerated herein.
Page 14
Ordinance No. 15-16
Sec. 11-65. -Applications and forms.
The public works department shall prepare all forms for applications and vehicle permits, review and
approve applications for licenses for waste service by private waste contractors. It shall be the obligation
of the private waste contractor to have all forms accurately completed and submit same to the public
works department for its review and approval, and transmittal to the city manager.
Sec. 11-66. -Collection standards; dumpster location; dumpster size and frequency; noncompliance;
grounds for revocation.
(a) All work relative to the collections contemplated in this article shall be performed as scheduled in a
workmanlike manner. Upon completing each collection permitted hereunder, the franchisee shall
properly replace all dumpsters and containers and leave the premises so serviced in a litter-free and
sanitary condition.
(b) The director or director's designee is hereby required and granted full power and authority to
designate the location of dumpsters and the number of dumpsters to be kept at each location. All
dumpsters shall contain the identification of the franchisee and must be clean, kept closed, and free
of graffiti. Any dumpster which do not conform to the provisions of this chapter or which contain
other defects likely to hamper the collection of or injure the person collecting the contents or any
dumpster other than the ones provided by franchisee thereof are illegal. Such dumpsters pose a
health and safety concern and shall be promptly replaced by the owner or franchisee upon receipt of
written notice. At no time will the department service any such illegal dumpsters. After notification,
illegal dumpsters that pose a health and safety concern shall be removed at the discretion of the
director or his/her designee in accordance with this chapter.
(c) For multi-family dwellings the contract must specify a minimum of a two cubic yard (2 CY) dumpster
of sufficient capacity so as to avoid overflowing conditions with a minimum twice per week collection;
two true and accurate copies of said contract shall be furnished to the director or his/her designee.
The dumpster must be capable of holding a minimum of one week's collection of solid waste for the
number of units or size and activity of business establishment being served.
The following standards for dumpster size and frequency of collection are presented merely as a
guide.
Dumpster Minimum
#of Units
Capacity Frequency
5-8 2 cy 2 x week
9-16 4cy 2xweek
17-32 6 cy 3 x week
Page 15
Ordinance No. 15-16
33-48 8 cy 3 x week
Over48 8cy 5xweek
Note: Frequency will increase depending on health and safety concerns and mutually agreed to
terms and conditions of the franchisee and customer. All equipment utilized by a franchised private
hauler shall comply with the requirements and provisions of this chapter. All dumpsters shall be
screened from the direct view of the adjacent property owner. The department reserves exclusively
the right to collect solid waste from any city governmental facility, or any facility constructed or
erected on city-owned or leased property, regardless of location.
(d) If the director of the public works department shall determine that the franchisee has failed to comply
with the provisions of this article or the rules and regulations established and authorized, he shall so
notify the offending franchisee, in writing, by certified mail, and demand that such franchisee cause
the violation to be remedied within five (5) days. If the violation is not remedied within the prescribed
time, the director of the public works department shall certify such noncompliance to the city
manager, who shall thereupon, proceed according to chapter 13, article II of this Code, revoke the
franchise agreement.
i c
Sec. 11-67. -Waste vehicle permits.
Franchisees shall be required to have valid vehicle permits for each collection vehicle. Each vehicle
shall display said permit in a prominent and easily visible location.
Sec. 11-68.- Inspection of vehicles.
All vehicles shall be properly inspected by the appropriate governmental agencies. As necessary, the
public works department may inspect all vehicles for safety, cleanliness and proper licensing and etc.
Sec. 11-69. - Marking of vehicles.
Each vehicle operated within the city under this article shall be conspicuously marked on both sides
of the vehicle in stenciled letters in an area of not less than thirty (30) inches by fourteen (14) inches with
the following information:
Top line: City of Opa-locka, license number
Second line: The licensee's name.
All markings shall be approved by the public works department of the city. (Code 1955, § 12-48)
Sec. 11-70. -Application for franchise agreement; requirements and conditions.
Every individual, firm, corporation, partnership, association, organization or any other group acting
as a unit, interested in a franchise agreement shall submit an application for such agreement to the city
manager or designee as part of a request for proposal (RFP) issued by the city. Such RFP shall include
some of the following:
(a) Be a written statement upon the form provided by the city. The form shall be sworn to by the
applicant before a notary public of this state, as to the time of the statements contained therein.
Page 16
Ordinance No. 15-16
(b) Require the disclosure of all information necessary in compliance with this article.
(c) Be accompanied by a certified check for the total amount of the fees chargeable for such
application. All non-refundable fees shall be held by the city manager until a final determination
is made as to the issuance of a franchise agreement.
(d) The successful applicant shall be able to post a performance bond in the amount of two
hundred thousand dollars ($200,000.00), should the city decide that such bond is necessary to
guarantee performance.
(e) To demonstrate ability to perform by the franchisee, the applicant shall submit certification by
letter or statement, to a current date, by a certified public accountant showing the applicant to
have a net worth of at least five hundred thousand dollars ($500,000.00). Said statement shall
further reflect that the applicant or its principal officers have had at least a minimum of five (5)
years of experience in commercial waste collection.
(f) The successful applicants must have, in order to maintain the franchise agreement, an office
and/or place of business in the city for visits by city residents.
(g) The applicant must be an equal opportunity employer.
Cross reference—Surety bonds generally, § 2-84.
Sec. 11-71. - Prerequisites to license issuance.
(a) The applicant(s) for a franchise agreement under this article, or if an individual, firm, corporation,
partnership, association, organization or any other group acting as a unit, any person having any
financial, controlling or managerial interest therein, shall be of good moral character. In making such
determination the following shall be submitted by the applicant:
(1) Name and business address: If the applicant is a partnership or corporation, the names and
business addresses of the principal officers and stockholders, and other persons having any
financial or controlling interest in the partnership or corporation.
(2) Fingerprints: All applications shall be accompanied by fingerprints of the applicant, if an
individual, and if the applicant is other than an individual, then the fingerprints of the principal
controlling officers of the applicant shall be furnished. Such service shall be provided to the
applicant by the city police department.
(3) Penal history: A record of all convictions, reasons therefor, sentence imposed for each such
conviction, and the demeanor subsequent to the last such conviction shall be provided by the
applicant. If the applicant is other than an individual, then the principal controlling officers of the
applicant shall provide the aforesaid information upon the forms approved by the city.
Each such applicant as hereinbefore defined shall execute written consent, upon forms
provided by the city, to be sworn to by such applicant before a notary public of this state,
authorizing any and all agencies, organizations and governmental bodies, federal, state and
local, to release and disclose all records pertaining to the information requested in this section
and in subsections (4) and (5) hereunder to the city, and said written consent shall authorize the
public disclosure of all such information and records. The police department of the city shall
thereafter review such record and, if merited, issue a certificate of compliance indicating the
satisfactory demeanor of such individuals and listing a record of conviction(s).
(4) Franchisee history: A franchise history of the applicant, setting forth whether or not such
applicant previously operated in this or another state under a franchise, and whether the
applicant has had such agreement revoked or suspended, and if so, the reasons for said
revocation or suspension shall be set forth.
Page 17
Ordinance No. 15-16
(5) General personal history: The applicant shall provide such other facts as are thought to be
relevant to the general personal history of any applicant. If the applicant is other than an
individual, then the applicant shall provide such other facts as are thought to be relevant to the
general personal history of the principal controlling officers of the applicant.
(b) The application setting forth the penal history, license and general personal history of the applicant,
individual or otherwise, shall be reviewed by the city for the purpose of determining the moral
character of the applicant. Good moral character shall be determined by:
(1) General traits, reputation as to sobriety, honesty, loyalty, trustworthiness, reliability and
discretion of the applicant;
(2) The associations, type of persons, groups, organizations or movements with which the applicant
has been associated;
(3) The nature of the offenses for which the applicant was convicted, if any, the sentences imposed
thereon, the demeanor of the applicant following the conviction, and/or release from any
incarceration imposed therefrom, and the rehabilitation of said applicant into society;
(4) The previous franchise history of the applicant, if any, as attested to by the city manager or city
clerk;
(5) Investigation of the city may include, but not be limited to, neighborhood investigations, credit
agencies, the records of law enforcement agencies, and other sources of recorded information.
(c) The application shall be accompanied by a certificate of approval furnished by the director of the
department of public works to the effect that he is satisfied as to the following:
(1) The adequacy of the equipment to be used in compliance with the requirements of this article.
(2) The method of collection to be employed.
(3) The refuse dump, incinerator plant or other place, means or location indicated, in writing, by the
licensee to be used for final disposal.
Sec. 11-72. - Franchise issuance.
The city manager shall issue the franchise agreement approved by the city commission.
Sec. 11-73. - Insurance required.
Before actually commencing business, the franchisee shall obtain the following insurance from a firm
with a minimum rating of "A3" from Moody's Investor Service and shall furnish the original liability policy to
the city clerk with a certificate of insurance for all policies written in the franchisee's name. This certificate
shall provide that the policies contain an endorsement requiring that the city shall be furnished, within ten
(10) days, written notice by registered mail prior to cancellation or material change in any policy. The
sufficiency of the insurance shall be certified by the city manager prior to commencing business.
Termination of insurance coverage shall automatically terminate the right of the franchisee to operate
within the city.
(a) Worker's compensation:The franchisee shall carry, with a company authorized under the laws
of the State of Florida, a policy to protect against liability under the workmen's compensation
and occupational diseases statutes of the State of Florida.
(b) Automobile liability insurance: The franchisee shall carry, in his own name, a comprehensive
policy to insure the entire automobile liability of his operations with limits not less than one
hundred thousand dollars ($100,000.00) each person and three hundred thousand dollars
($300,000.00) each accident bodily injury liability, and fifty thousand dollars ($50,000.00) each
Page 18
Ordinance No. 15-16
accident for property damage liability per vehicle. In addition to the above insurance there must
be excess coverage to at least one million dollars ($1,000,000.00).
(c) General liability:The franchisee shall carry, in his own name, a comprehensive liability policy for
his operations other than automobile with limits of at least one hundred thousand dollars
($100,000.00) for each person and three hundred thousand dollars ($300,000.00) for each
accident bodily injury liability, and fifty thousand dollars ($50,000.00) each accident for property
damage liability.
(d) Liability of the city. The above insurance requirements shall not be construed as imposing upon
the city, or any official or employee, any liability or responsibility for damages to any person
injured or any property damaged by a franchisee.
_
Sec. 11-74. - Power of city to regulate charges.
The city will regulate the prices to be charged by the successful applicant based on a monthly
service charge for container and pickup fee per yard in the manner and in the amounts set forth in a
resolution of the city commission kept on file in the city clerk's office.
Sec. 11-75. - Reports and payment of fees.
(a) Commencing thirty (30) days after the date of the issuance of a franchise agreement hereunder and
continuing monthly thereafter on the same day of each and every month, the franchisee shall file with
the city manager, on forms approved by the city, a report under oath designating the names and
addresses of the accounts serviced by said franchisee in the city for the preceding month together
with the gross monthly service fee received from each said account, and shall pay to the city,
monthly, and simultaneous with the filing of said report, a sum equal to twenty-eight per cent (28%) of
the licensee's total gross monthly receipts as reflected on each such report
(b) Commencing from city commission approval, the franchisee shall pay the city a seventy-five dollar
($75.00) permit fee for every ninety (90) days for any and all construction dumpster or roll-off
accounts. The ninety (90) day permit fee will not be included in gross revenue and may be charged
as a pass through to the customer; however, the gross monthly fee will be applied to revenues
generated from servicing such accounts. Upon the expiration of the ninety (90) days, the franchisee
will have to re-submit a permit.
(c) Commencing January 1, 2016, on an annual basis, the franchisee shall pay a permit per account fee
of one-hundred dollars ($100.00) for each permanent account contracted for commercial solid waste
services. Said permit per account fee may be charged as a pass through to the customer and not
included in gross revenue received.
(d) As may be directed by the city manager, the franchisee may collect illegal dumping and separately
charge the city for said solid waste service per contract as approved by the City commission. All
tenants and/or owners of property receiving city collection service for illegal dumping shall receive
written notification, with supporting documentation, for payment within five (5) days. This service of
the city shall not exempt the property from imposition of lien for failure to pay for said services as
provided by this chapter.
(c) Commencing thirty (30) days after date of the issuance of a franchise agreement hereunder, the
franchisee shall commence to file monthly reports with the city manager, indicating every commercial
account acquired by said franchisee for service hereunder and the contract amount(s) for such
service.
(c) In addition to twenty-eight per cent (28%) of the gross receipts from the contracts derived from the
collecting of commercial accounts from customers within the corporate limits of the city hereunder,
and the ninety (90) day permit fee, the city shall also be entitled to annual occupational license fees
from the franchisee, inspection fees, and liquidated compensatory damages for such accounts as
Page 19
Ordinance No. 15-16
the city may have had to service or caused to be serviced by franchisee other than for its failure to
perform as required by this article.
Sec. 11-76. -Term and option to renew franchise.
The franchise agreement is granted for a period of two (2) years subject to the provisions of this
article, unless earlier terminated as a result of the failure of the franchisee to comply with the provision of
this article and to provide effective and efficient service. The franchisee shall have an option to renew the
franchise agreement on the same terms and conditions as may be modified and mutually agreed to, for a
period of two (2) additional years, by exercising such option not less than one hundred and twenty (120)
days prior to termination of the contract franchise in writing to the city. Notwithstanding the
aforementioned, the city commission and franchisee may agree to terms and conditions beyond the two
(2) additional years.
Sec. 11-77. - Payment of fees; delinquencies; appeal.
(a) Trash, illegal dumping and permit fees for private waste collection shall be paid as provided in this
article. In the event charges for services shall not be paid within thirty (30) days after billing, notice of
delinquent payment shall be mailed by certified mail to the property benefited by such service, to the
attention of the owner or tenant thereof. All delinquent garbage, waste and trash fees shall bear
interest from the date of delinquency at a rate of eighteen per cent (18%) per annum of the amount
of the delinquency. Failure to receive payment in full within ten (10) days thereafter shall authorize
the franchisee to discontinue service and pursue other legal remedies for collection.
(b) Any person who disputes the amount of imposition of any trash or illegal dumping fee shall have the
right of appeal, in accordance with section 2-570.31 (Hearing procedures before special master and
code enforcement board).
(c ) All owners of property receiving collection service for discontinued service or illegal dumping abutting
their property in the public right-of-way, may, upon written notification to the department of public
works or designee, have billing forwarded directly to the tenant served thereby, provided that said
tenant has deposited with the city, the required waste collection deposit as provided by this Code.
This service of the city shall not exempt the property from imposition of lien for failure to pay for said
services as provided by this section. Delinquent notices of the tenants shall be sent to owners of
property as well as tenants.
(e) Payments of fees for discontinued service or illegal dumping shall be made in full within thirty (30)
days from notification.
(f) No refunds or discounts shall be made.
(g) All payments pursuant to this chapter for discontinued service or illegal dumping shall be made to the
city or designee.
(h) An official receipt shall be procured showing payment.
(i) A copy of such receipt shall be retained by the city or designee and shall be held available for
inspection by authorized employees of the public works department.
(j) The address on the receipt must be the same as the address where the discontinued service or illegal
dumping was collected.
(k) Any person who disputes the discontinued service or illegal dumping fees imposed for collection by
the city shall have the right of appeal in accordance with section 2-570.31 (Hearing procedures before
special master and code enforcement board).
(I) In the event any charge for city collection of waste shall become delinquent, the city or designee shall
give notice that the they shall exercise all remedies permitted by law five (5) days thereafter
Page 20
Ordinance No. 15-16
(m) All delinquent discontinued service or illegal dumping fees shall bear interest from the date of
delinquency at the rate of eighteen per cent (18%) per annum.
(n) Each discontinued service or illegal dumping fee charged pursuant to this Code for collection by the
city or designee is hereby made a lien on the premises benefited by the services of the city. Notice of
lien shall be mailed by certified mail to the property benefited. The lien on the premises benefited
shall be certified to and filed with the clerk of the circuit court of Dade County, Florida, in the manner
provided for liens generally. The lien for said services with interest and penalties allowed by law shall
be collected as other municipal taxes are collected and enforced and may be foreclosed in the
manner provided by law.
Sec. 11-78- Enforcement and administrative fees.
(a) The enforcement officer shall have the authority to initiate enforcement proceedings, against any
person, franchisee, licensee, firm, corporation or other legal entity who has not strictly complied with
the provisions of this chapter.
(1) If a violation of this chapter is determined, the enforcement officer shall issue a notice of violation to
the violator, as provided in this Code. The notice shall inform the violator of the nature of the
violation, the amount of fine for which the violator may be liable, instructions and due date for paying
the fine, notice that the violation may be appealed by requesting an administrative hearing within five
days after service of the notice of violation, and that failure to do so shall constitute an admission of
the violation and waiver of the right to a hearing.
(2) A dumpster or roll-off/container from a non-franchisee or non-licensee shall be subject to seizure and
impoundment. Written notice of the enforcement officer intent to seize the roll-off/container shall be
posted to the roll-off/container which is subject to seizure and impoundment. The enforcement officer
shall not seize any roll-off/container within three (3) days from the posting of the written notice. In
addition to posting notice, the enforcement officer shall also provide written notice of such seizure
and impoundment to all persons, firms, corporations, or other legal entities, whom the enforcement
officer knows, or with reasonable investigation should know, to have a legal interest in the subject
roll-off/container by certified mail, return receipt requested, within 24 hours of posting notice. The
written notice shall include the following:
a. The name of the enforcement officer issuing such notice.
b. The date upon which the notice was issued.
c. The date that the notice was posted to the roll-off/container.
d. The section number of the City Code or ordinance that has been violated.
e. Notice that the enforcement officer will seize and impound the roll-off/container in the event that the
roll-off/container is not removed from the premises within three (3) days from the date of the posting
of the written notice.
f. Notice of the right to request a preliminary hearing, pursuant to this chapter to contest the seizure
and impoundment of the roll-off/container.
g. Notice of the right to request a preliminary hearing, to contest the seizure and impoundment of the
roll-off/container and immediately retrieve the roll-off/container from the enforcement officer upon the
posting with the enforcement officer a cash bond in the amount of $500.00, plus the administrative
surcharge incurred for enforcement.
h. Notice of the right to waive the preliminary hearing and immediately retrieve the roll-off/container
from the enforcement officer upon the payment of a $500.00 penalty, plus administrative surcharge
incurred for enforcement.
i. Notice that the failure to request a preliminary hearing within five (5) days after the notice was mailed
shall constitute a waiver of the right to a preliminary hearing pursuant to this chapter.
Page 21
Ordinance No. 15-16
J A roll-off/container that has been seized and impounded, which has not been returned to the owner
or interested party by virtue of a preliminary hearing, final hearing, appeal, or payment of an
administrative penalty, shall become the property of the city.
(3) The enforcement officer shall immediately seize and impound a roll-off/container in the event the
enforcement officer determines that said roll-off/container constitutes a public nuisance and poses a
health and safety concern. Written notice of the enforcement office's action shall be posted at the
site where the roll-off/container was located. In addition to posting notice, the enforcement officer
shall also provide written notice of such seizure and impoundment to all persons, firms, corporations,
or other legal entities, whom the enforcement officer knows, or with reasonable investigation should
know, to have a legal interest in the subject roll-off/container by certified mail, return receipt
requested, within 24 hours of posting notice. The written notice shall include the following:
a. The name of the enforcement officer issuing such notice.
b. The date upon which the notice was issued.
c. The date that the notice was posted at the location where the roll-off/container was found.
d. The section number of the City Code or ordinance that has been violated.
e. Notice of the right to request a hearing, pursuant to this chapter to contest the seizure and
impoundment of the roll-off/container.
f. Notice of the right to request a hearing, pursuant to this chapter, to contest the seizure and
impoundment of the roll-off/container and immediately retrieve the roll-off/container from the
enforcement officer upon the posting of a cash bond in the amount of $500.00, plus administrative
surcharge incurred by the enforcement officer.
g. Notice of the right to waive the hearing and immediately retrieve the roll-off/container from the
enforcement officer upon the payment of a $500.00 fine, plus administrative surcharge incurred for
enforcement.
h. Notice that the failure to request a hearing within five (5) days after the notice was mailed shall
constitute a waiver of the right to a preliminary hearing pursuant to this chapter.
I. A roll-off container that has been seized and impounded, which has not been returned to the owner
or interested party by virtue of a preliminary hearing, final hearing, appeal, or payment of an
administrative penalty, shall become the property of the city.
de 1955, § 12-56)
ARTICLE III-A. -WASTE COMPACTING SERVICES
Sec. 11-79.1. -Short title.
This article shall be known as the "City of Opa-locka Waste Compacting Services Franchise
Ordinance."
Sec. 11-79.2. - Legislative intent.
It is the purpose and intent of this article to provide, at the discretion of the City Manager, by
franchise or agreement, for private companies to provide waste compacting services for all garbage,
trash, rubbish and industrial waste generated by commercial establishments, manufacturing plants and
non-residential producers, as may be designated by the city within the City of Opa-locka, Florida. With
City Commission approval, the City Manager shall have the ability to include the reference commercial
solid waste service as an additional scope of service to the commercial solid waste franchise agreement.
Page 22
Ordinance No. 15-16
Sec. 11-79.3. - Franchise required; relative rights of franchisee and city.
(a) The city may issue a franchisee to engage in waste compacting services for commercial
establishments, manufacturing plants and non-residential units within the city, provided that an
applicant for said franchise shall meet the specifications set forth in this article as a condition for the
issuance of said franchise, and such other specifications and requirements as the city commission
may, from time to time, promulgate. The city retains all of the powers of a municipality of the State of
Florida, for the exercise of its police power governing the health and welfare of its citizens for the
purpose of reviewing the services rendered to the commercial establishments, manufacturing plants,
and nonresidential accounts and may limit the number of franchises to be granted (and the city
manager, may, when necessary, chose which franchisee shall receive a license), the setting of
franchise rates, annual registration fees, methods employed for providing compacting services, and
the imposition of penalties for failure to render service to particular commercial accounts or the
violation of the provisions of this Code.
(b) Franchisees for compacting services shall not engage in waste collection from commercial
establishments, manufacturing plants and nonresidential units within the city or service these
establishments, plants or units in collecting garbage, waste and trash unless the franchisee has been
awarded by franchise or agreement with the city the right to perform such services.
(c) Franchisee(s) shall be required to pay the city an annual registration fee of one thousand dollars
($1,000.00). No person or entity may engage in compacting services until said registration fee is paid
and all other required documentation is completed and approved. A compact franchise agreement
shall be for a period of one year, subject to the early termination provisions of subsection (e) below.
(d) The franchise fee for compacting services shall be twenty-eight (28) percent of the gross monthly
billings of a franchisee for compacting services performed within the city. The franchise fee rate shall
be subject to review once a year on the anniversary of the passage of this article. Franchisees may
petition the city commission at any time for a change in the franchise fee rate for all franchisees
under this article.
(e) The city commission may grant an exclusive franchise in the discretion of the city commission as part
of a commercial solid waste franchise agreement pursuant to article III. If an exclusive franchise is
granted under this article, all contracts which prior franchisees have entered with customers after
November 14, 2001, (the date on which this article was proposed) and prior to the grant of the
exclusive franchise shall be deemed terminated ninety (90) days after the city has signed a contract
with the exclusive franchisee or the date provided in the contract, whichever is earlier. Following said
period, only the exclusive franchisee may provide waste compacting services within the city and all
other franchise licenses under this article will be deemed terminated.
(f) A franchisee shall not be authorized to assign its license or subcontract any portion thereof without
the specific written consent of the city.
(g) The city manager shall work with the successful franchisee to implement the terms of the franchise
so that questions of use of public streets, problems or access to customers for service which might
arise from time to time, complaints, if any, and other questions can be justly and expeditiously
resolved. The city shall provide means of egress and ingress to points for the equipment of the
franchisee and require the cooperation of its citizenry and commercial establishments in
implementing the services provided by this article.
Sec. 11-79.4. -Effect on existing contracts and licenses.
Provided all persons performing compacting services as of the effective date of this article shall be
required to pay a registration fee and submit all other required documentation to become a franchisee
under this article. Franchisees shall be required to pay franchise fees on existing contracts for compacting
services rendered after the effective date of this article. All renewals or extensions of existing contracts or
any new contracts shall be governed by the provisions of this article.
Page 23
Ordinance No. 15-16
Sec. 11-79.5. -Applications and forms.
The public works department shall prepare all forms for applications and permits, review and
approve applications for licenses for compacting services, prepare the rules and procedures concerning
compacting services operations, as well as the procedures for collection and reporting of all franchise
fees due under this Article. It shall be the obligation of the private contractor or franchisee to have all
forms accurately completed and submit same to the public works department for its review and approval,
and transmittal to the city manager.
Sec. 11-79.6. -Service standards; noncompliance;grounds for revocation; penalty assessment.
(a) All work relative to the compacting services contemplated in this article shall be performed as
scheduled in a workmanlike manner. Upon completing any compacting services for a customer, the
licensee shall properly replace all dumpsters and containers and leave the premises so serviced in a
litter-free and sanitary condition.
(b) If the director of the public works department shall determine that a licensee has failed to comply
with the provisions of this Article or the rules and regulations established and authorized, he shall so
notify the offending licensee, in writing, by certified mail, and demand that such licensee cause the
violation to be remedied within five (5) days. If the violation is not remedied within the prescribed
time, the director of the public works department shall certify such noncompliance to the city
manager, who shall thereupon, proceed according to chapter 13, article II of this Code, revoke the
license of said licensee. (Code 1955, § 12-46).
(c) Any business contracting service from an unlicensed entity shall be subject to daily fine in the
amount of five hundred dollars ($500.00).
ARTICLE III-B. - RECYCLED MATERIALS
Sec. 11-79.9. -Short title.
This article shall be known as the "City of Opa-locka Recycled Materials License Ordinance."
Sec. 11-79.10. - Legislative intent.
It is the purpose and intent of this article to provide for the registration and regulation of private
companies for the hauling and disposal of recovered materials for all commercial establishments,
manufacturing plants and non-residential producers, as may be designated by the city within the City of
Opa-locka, Florida.
Sec. 11-79.11. - License required; relative rights of licensee and city.
(a) The city may issue a license to engage in hauling and disposal of recovered materials for
commercial establishments, manufacturing plants and nonresidential producers designated by the
city within the city, provided that an applicant for said license shall meet the specifications set forth in
this article as a condition for the issuance of said license, and such other specifications and
requirements as the city commission may, from time to time, promulgate. All licensees shall be
permitted to provide compactors and/or roll-off containers to engage in the hauling and disposal of
recovered materials under this article. The city retains all of the powers of a municipality of the State
Page 24
Ordinance No. 15-16
of Florida, for the exercise of its police power governing the health and welfare of its citizens for the
purpose of reviewing the services rendered to the commercial establishments, manufacturing plants,
and nonresidential accounts annual registration fees, methods employed for providing
collection/hauling services, and the imposition of penalties for failure to render service to particular
commercial accounts or the violation of the provisions of this Code.
(b) Licensees for recovered materials shall not engage in waste collection from commercial
establishments, manufacturing plants and nonresidential units within the city or service these
establishments, plants or units in collecting garbage, waste and trash unless the licensee has been
awarded by franchise or agreement with the city the right to perform such services under article III, or
if applicable, under article III-A as limited to compacting services.
(c) Licensees shall be required to pay the city an annual registration fee of one thousand dollars
($1,000.00). No person or entity may engage in hauling and disposal of recovered materials until
said licensee fee is paid and all other required documentation is completed and approved. A license
shall be for a period of one year.
(d) A licensee shall not be authorized to assign its license or subcontract any portion thereof without the
specific written consent of the city.
(e) The city manager shall work with the successful licensees to implement the terms of the license so
that questions of use of public streets, problems or access to customers for service which might arise
from time to time, complaints, if any, and other questions can be justly and expeditiously resolved.
The city shall provide means of egress and ingress to points for the equipment of the licensees and
require the cooperation of its citizenry and commercial establishments in implementing the services
provided by this article.
Sec. 11-79.12. - Required state licensing.
As an ongoing condition of becoming a licensee under this article and thereafter performing services
under this article within the city, all licensees shall be a recovered materials dealer certified by the
department of environment protection pursuant to the provisions of Rule 62-722, Florida Administrative
Code. Licensees shall be required to submit a copy of its certification pursuant to Section 403.704-
6(3)(6), Florida Statutes, at the time of paying the fee.
Sec. 11-79.13. - Effect on existing contracts and licenses.
The city recognizes all existing contracts in existence on the date which this article became effective,
provided that all persons hauling and disposing of recovered materials as of the effective date to this
article shall be required to pay the license fee and submit all other required documentation to become a
licensee under this article.
Sec. 11-79.14. -Applications and forms.
The public works department shall prepare all forms for applications and permits, review and
approve applications for licenses for recycling services, prepare the rules and procedures concerning
compacting services operations, as well as the procedures for registration under this article. It shall be the
obligation of the private contractor to have all forms accurately completed and submit same to the public
works department for its review and approval, and transmittal to the city manager.
Sec. 11-79.15. -Service standards; noncompliance;grounds for revocation; penalty assessment.
Page 25
Ordinance No. 15-16
(a) All work relative to the services contemplated in this article shall be performed as scheduled in a
workmanlike manner. Upon completing any services for a customer, the licensee shall properly
replace all dumpsters and containers and leave the premises so serviced in a litter-free and sanitary
condition.
(b) If the director of the public works department shall determine that a licensee has failed to comply
with the provisions of this article or the rules and regulations established and authorized, he shall so
notify the offending licensee, in writing, by certified mail, and demand that such licensee cause the
violation to be remedied within five (5) days. If the violation is not remedied within the prescribed
time, the director of the public works department shall certify such non-compliance to the city
manager, who shall thereupon, proceed according to chapter 13, article II of this Code, revoke the
license of said licensee. (Code 1955, §12-46).
(c) Any business contracting service from an unlicensed recycled materials company shall be subject to
a daily fine in the amount of five hundred dollars ($500.00).
ARTICLE IV. - DUMPSTER ENCLOSURES
Sec. 11-80. -Short title.
This article shall be known and may be cited as the "Dumpster Enclosure Ordinance of the City of
Opa-locka, Florida."
Sec. 11-81. - Purpose.
The purpose of this article is to provide a uniform system of requirements for utilization of dumpsters
in commercial industrial and business districts within the City of Opa-locka, Florida, thereby enhancing the
aesthetics of the city and protecting its citizenry from potential health hazards.
Sec. 11-82. - Dumpster enclosure required.
(a) Dumpsters shall be maintained in an enclosure with the service and access gate(s) closed except
when being serviced by a collector or when being used to access the dumpster.
(b) Dumpster lids shall be kept closed at all times when the dumpster is not being used or serviced.
(c) Garbage and trash shall be placed inside the dumpster and not on or around the dumpster or the
enclosure. Loose garbage and trash in plain view is a violation of code, a health hazard, and
aesthetically undesirable. The property owner shall be responsible for keeping the enclosure and
surrounding area litter-, garbage- and trash-free at all times. It shall be a violation of the Code of
Ordinances to allow the dumpster to be filled to over capacity so that the dumpster lid is prevented
from closing on top of the garbage bags.
(d) Dumpster enclosure shall be kept in good repair at all times.
(e) Location on site of a dumpster enclosure shall require the prior approval of the public works director
and the building officials.Sec. 11-83. - Dumpster enclosure specifications, materials, location.
(a) Placement. A dumpster shall be kept in a place easily accessible to authorized collection vehicles at
all times and no service shall be given to those placing or permitting objects, ground level or
Page 26
Ordinance No. 15-16
overhead obstructions, or vehicles, to hinder in any way whatsoever the servicing of bulk containers
purposes of collection only, all dumpsters shall be placed within an approved enclosure.
It shall be unlawful for any person to place or store, or allow to be placed or stored, a dumpster upon
or in any public street, alley or right-of-way provided, however, that such container or receptacle may be
placed in the public right-of-way during the collection/emptying process.
(b) Dumpster space designation and enclosure requirement. All real property in a commercial, industrial
or business zoning classification utilizing dumpsters shall provide an enclosure of a size that would
permit the moving in or out of the dumpster without damage to the enclosure and shall be a minimum
of twelve (12) inches above the dumpster.
(c) Approved enclosure. All enclosures shall consist of walls; fencing shall be of wood, plastic lumber or
chain-link. Wood or plastic lumber shall be a minimum of one and one-half (11/2) inches thick.
Enclosures shall have a gate for collection equipment access, and may also have a gate for
pedestrian access. All gates shall be totally opaque and the enclosures shall be constructed of one
of the following materials:
(1) Masonry walls. All exterior faces of the wall shall be finished and of professional quality such as
stucco, prefinish blocks, stacked block and struck joints, shadow blocks, painted or similarly
installed in a workmanlike manner and meeting with the approval of the building, planning and
zoning department.
(2) Concrete walls. Pre-case concrete walls of quality deemed acceptable to the building, planning
and department.
(3) Wood fencing. Substantial wood fencing or durable species incorporated architectural design
features to enhance appearance, of quality and design acceptable to the director of building,
planning and zoning or his/her designee. In making this determination, consideration shall be
given to:
a. The thickness of the wood, which must be a minimum of one and one-half (11/2) inches;
b. Whether the wood is pressure treated or has a finish that protects the wood from the
elements; and
c. Minimum six (6) inches by six (6) inches corner post and four (4) inches by four (4) inches
intermediate posts of pressure treated materials.
(d) Maintenance. Approved enclosure[s] shall be maintained in good condition, repair and appearance
at all times so as to allow for collection of materials and to eliminate odors.
(e) Gates. Dumpster enclosure gates shall be constructed of a metal frame with wood or metal slats or
other facing materials. Servicing gates, upon opening, may not swing into the right-of-way and shall
incorporate gate stops that are functional in the full open and closed positions. Hinge assemblies
shall be strong and durable such that access and servicing gates shall be no more than forty-eight
(48) inches in width and no less than thirty-six (36) inches in width. Enclosure gates shall be closed
at all times except for the time necessary to service the bulk container. Maze-style openings shall be
permitted in place of a pedestrian access gate. A maze-style opening is an opaque wall or fence that
can be located no more than forty-eight (48) inches and no less than thirty-six (36) inches from the
enclosure opening and must be a minimum length of one and one-half (11) times in length of the
opening and shall be centered upon the opening. Enclosure openings shall be no more than forty-
eight (48) inches in width and no less than thirty-six (36) inches in width.
(f) Setback.
(1) All dumpster enclosure walls and/or fences shall be located a minimum of five (5) feet from
adjoining commercial areas and ten (10) feet from adjoining residential uses unless not
physically possible; and
(2) A minimum of five (5) feet from public and private rights-of-way unless not physically possible.
Page 27
Ordinance No. 15-16
(g) Garbage containers. All receptacles and bulk containers which receive garbage, liquid waste or food
from food-handling operations including, but not limited to, bakeries, meat-processing plants,
restaurants, or any business establishment where it is determined that garbage, liquid waste of food
will be accumulated, shall have a poured to grade level concrete slab. If available, the dumpster site
shall have facilities for washing containers and ability to drain to an acceptable sanitary disposal
system. If the aforementioned facilities are available, or can be reasonably installed, then the
dumpster shall have wash-out plugs. For purposes of this article, storm drains shall not be
considered as an acceptable sanitary disposal system.
If no suitable drain, grease trap or sanitary disposal system is available, the dumpster containers
shall be sealed so that no liquid gets on the pad or ground. Dumpster collection shall be frequent enough
so as to keep odors to a minimum. Odors shall also be kept at a minimum through artificial means such
as masking agents or whatever products are available to handle odors. Containers shall be constructed in
accordance with the provisions of the South Florida Building Code and must be approved by and meet
the Florida Department of Health requirements.
(h) All dumpsters and trash receptacles must comply with this article except for the following:
(1) Dumpster/receptacles located in properly screened service yards. (Those screened from public
ways with a minimum six-foot-high fence and/or suitable dense landscaping, as approved by
one building department). The dumpsters/receptacles must not be visible from the public's view.
(2) Dumpsters/receptacles located at permitted construction sites.
(3) Dumpsters/receptacles properly screened with suitable dense landscaping or not visible from
the public right-of-way, residential areas or the public's view.
(i) Residential trash, trash and garbage receptacles may not be placed for curbside pickup more than
twenty-four (24) hours before pickup and all receptacles must be removed from the curbside within
twenty-four(24) hours after pickup.
ARTICLE V—COMMERCIAL SOLID WASTE COLLECTION AND ENFORCEMENT
Sec. 11-90. -Short title.
This article shall be known as the "City of Opa-Locka Commercial Solid Waste Collection and
Enforcement Ordinance."
Sec. 11-91. - Legislative intent.
It is the purpose and intent of this article to provide for the regulation and enforcement of commercial
solid waste collection, as may be designated by the city within the City of Opa-locka, Florida.
11-92.- Enforcement Process
(a) Civil penalties assessed pursuant to this article are due and payable to the city on the last day of the
period allowed for the filing of a hearing, or if proper appeal is made, when the appeal has been
finally decided adversely to the named violator. The amount of such penalty assessed shall
constitute and is hereby imposed as a lien against the subject property with equal rank and dignity of
any other special assessment liens and, at a minimum, shall include an un-appealable and un-
waivable administrative surcharge. Penalties for violations of the provisions of this article shall be
assessed in accordance with the schedule as set forth below:
(b) If the owner, agent, or occupant of any property within the city shall fail to comply with any
determination of the enforcement officer , the enforcement officer shall cause such work to be done
and shall keep an accurate accounting of the costs thereof, whereupon the amount of such costs
and the interest thereon shall constitute and is hereby imposed as a lien against the subject property
with equal rank and dignity of any other special assessment liens. An aggrieved party may appeal
Page 28
Ordinance No. 15-16
both the fees and costs imposed under this section to a court of competent jurisdiction in accordance
with the Florida Rules of Appellate Procedure.
(c) Failure by an occupant of any commercial property other than multifamily residential property to
comply with the regulations set forth in this chapter shall cause the city to revoke the certificate of
use and local business tax receipt for said business.
(d) In addition to any other remedies provided by this chapter or any other city ordinance, the
enforcement officer shall have judicial remedies available to them for violations of this chapter or any
other lawful rule or regulation promulgated hereunder as enumerated below but not limited to:
(1) They may institute a civil action in a court of competent jurisdiction to establish liability and to
recover damage for any costs incurred by the enforcement officer in conjunction with the
abatement of any condition prohibited by the provisions of this chapter.
(2) They may institute a civil action in a court of competent jurisdiction to seek injunctive relief to
enforce compliance with the terms of this chapter or any rule or regulation promulgated
hereunder, to enjoin and prohibit said violation or to compel the performance of actions which
will result in compliance with the terms of this chapter.
(e) These remedies are cumulative and the use of any appropriate remedy shall not constitute an
election of remedies by the enforcement officer. The use of one remedy shall not preclude the use of
any others.
(f) All violations of this chapter may be prosecuted in the county court.
Sec 93 - Schedule of civil penalties.
Code
Section Description of Violations Amount
Only city or contractor to dispose of municipal
11.5 solid waste. (Illegal Hauling) $600.00
11.5
11.63
11.79.2 Unauthorized use of commercial solid waste
11.79.11 services by a commercial property. (illegal Hauler) $600.00
Offensive or dangerous accumulations which
11.7 include litter or trash on premises. $200.00
Unscheduled placement of waste, bulky waste or
trash commingled yard trash at the curbside or
other public right-of-way designated trash
collection area, by residents for collection and $200.00
11.17 disposal by city or contractor(illegal dumping)
Illegal placement of waste, bulky waste or trash
commingled yard trash at the curbside or other
public right-of-way designated trash collection
area by commercial property/multifamily $200.00
11.17 residential establishments,for collection and
Page 29
Ordinance No. 15-16
disposal by city or contractor is prohibited (illegal
dumping)
11.63
11.79.2 Engaging in commercial solid waste collection
11.79.11 without a city franchise or license. $600.00
11.5 Failure of property owner or tenant to have
11.63 contract with a city franchisee or licensee $600.00
N/A All other violations $100.00
Section 3 All ordinances or Code provisions in conflict herewith are hereby_repealed.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions of this Ordinance.
Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances when
the code is recodified.
Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately.
PASSED AND ADOPTED this 8th day of July, 2015.
yra L'aylor
Mayor
Attest to: Approved as to form and legal sufficiency:
JoaAna Flores Vincent T. Brown
City Clerk The Brown Law Group
City Attorney
Page 30
Ordinance No. 15-16
Moved by: COMMISSIONER PINDER
Seconded by: COMMISSIONER SANTIAGO
Commissioner Vote: 4-0
Commissioner Kelley: YES
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice Mayor Holmes: NOT PRESENT
Mayor Taylor: YES
Page 31
14ND I ND MiamiHerald.com I MIAMI HERALD
MIAMI SPRINGS
*tip City agrees to `major
CITY OF OPA-LOCKA,FLORIDA repairs' at Curtiss Mansion
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida BY THEO KARANTSALIS lion remains open,safe and to settle"all claims"regard-
will hold a public hearing at its Regular Commission Meeting on Wednesday,July 8,2015 Special to the Miami Herald available to rent for wed- ing the Curtiss Mansion with
at 7:00 p.m.in the Auditorium at Sherbondy Village,215 President Barack Ohara(Pcrviz) Miami Springs council dings,quinceneras,meetings, RJ. Heisenbottle Architects
Avenue.Opa-locka.Florida to consider the following items: members have voted unani- birthdays or any special day P.A.,Douglas Wood Associ-
SECOND READING ORDINANCES/PUBLIC HEARING: mously to execute a settle- you wish to celebrate with ates,and Canyon Construc-
ment agreement to conduct friends and family." tion Co.The parties"deny
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- "major repairs"at the Curtiss A year andahalflater,city any allegation of any wrong-
LOCKA,FLORIDA,AMENDING CHAPTER 2,ARTICLE XIV,SECTIONS Mansion,500 Deer Run Dr. attorney Jan Seidentoldthe doing,"states the settlement
2-653—2-658 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES About one year after the council on June 22: "For agreement.
CHAPTER 2,ADMINISTRATION,ESTABLISHINGASCHEDULEOFFEES; mansion reopened its doors some time now,the Curtiss The pueblo-style home,
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR in April 2012,it started fall- Mansion has experienced built nl925,was once home
CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND
ing apart. warranty issues involving to Glenn Curtiss, who is
The city quickly sent the the wood,the timbers there credited with building Mia-
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading architect,engineer and con- have been rotted out,some mi Springs,as well as neigh-
held on June 10,2015).Sponsored by L.S. tractor notice of the man- have been replaced and now boring Hialeah and Opa-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF sion's "premature rotting, major repairs need to be locks. The home burned
OPA-LOCKA, FLORIDA, AMENDING THE RATES FOR SOLID deterioration,and failure of done" down in the 1970s.
Cur-
WASTE COLLECTION SERVICES; PROVIDING FOR CONFLICT AND cypress timbers in the col- The costs of repairs re- 1n1998,the nonprofitCur-
umns,balcony,railings and main unknown,Seiden said tics Mansion Inc. was
REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; trellis" areas, a notice of Friday,when asked by the formed and tasked withrais-
PROVIDING FOR AN EFFECTIVE DATE(first reading held on June 10,2015). claim filed by the city Feb.11, Miami Herald how much it ing money to rebuild the
Sponsored by C.af. 2014,shows. would cost to replace the historic home, which reo-
That ORDINANCE OF THE CITY COMMISSION OF THE CITY OF That month, the city of rotted wood at the mansion. pened in 2012."This all-vol-
AN Springs and the non- "No real dollars involved," unteer group raised more
OPA-LOCKA, FLORIDA, AMENDING CHAPTER XII1, ARTICLE V OF profit group that runs the Seidensaid."The insurers re- than$4.5 million for this ef-
THE CITY OF OPA-LOCKA CODE OF ORDINANCES REGULATING Curtiss Mansion jointly is- sponsible for the architect, fort,"accordingtothecityof
COIN OPERATED DEVICES; PROVIDING FOR INCORPORATION OF sued a news release that engineer and contractor are Miami Springs website.
RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING stated,in part:"The Curtiss picking up the costs." "The work will start on
FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN MansioninMiamiSpringsis The Miami Springs City Aug.l7 and be concluded be-
EFFECTIVE DATE(first reading held on June 7 Q 2075).Sponsored by RT. not falling down.The Man- Council voted 5-0 on June 22 fore Sept.21,"Seiden said.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA,AMENDING CHAPTER 11,ARTICLES 1 THROUGH KEEPING KIDS FIT
IV AND ADDING ARTICLE V OF THE CITY OF OPA-LOCKA CODE OF
ORDINANCES CHAPTER 11,GARBAGE AND TRASH; PROVIDING FOR Keep kids healthy outside this summer
INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; •OUTDOORS,FROM12ND s,are at higher risk of injury Even fireworks that seem
PROVIDING FOR AN EFFECTIVE DATE(first reading held on June 10,2015). and death than motor veld- kid-friendly,like sparklers,
Sponsored by TI? structions on the product cle passengers.To enjoy can reach temperatures
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
labeL Apply only on ex- biking safely: over 1,000 degrees and put
posed skin and outside of •Always wear a helmet. kids at risk for severe
LOCKA,FLORIDA,APt.IENDING CHAPTER 15,ARITCLE III OF THE CITY clothing Do not use prod- Develop the"helmet habit," burns.Here is the only tip
OF OPA-LOCKA CODE OF ORDINANCES CHAPTER 15,ARTICLE III ucts that combine stn- where your kids wear a you need to enjoy
LITTERING,PROVIDING FOR CONFLICT AND REPEALER;PROVIDING screen and insect repellent helmet every bike ride,no fireworks:
FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN into one. matter how close they are
EFFECTIVE DATE(first reading held on June 10,2015).Sponsored by TI? •If using repellent con- to home. Priyanka Mehrotra is a
Additional information or the above items may be obtained in the Office of the City Clerk, taming DEET,make sure it FIREWORKS SAFETY fourth.year medical student
contains less than 30 per- in the MD-MPH program
3400 NW 135th Street,Bldg.B,Opa-locka,Florida.All interested persons are encouraged to cent DEET. One of the most iconic and Julia Belkowitz,M.D.,is
attend this meeting and will be heard with respect to the public hearings. •Insect repellent should summer celebrations is the assistant professor of din-
PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any bond, not be used in kids less Fourth of July.However, ical pediatrics and Assistant
agency.or commission with respect to any matter considered at such meeting or hearing will than two months of age. this day is especially dan- Regional Dean for Student
need a record of the proceedings.and for that ratan, may creed to ensrne that a verbatim gerous because of injuries Affairs at the University of
record of the proceedings is made,which record includes the tesrbnar(c find evidence upon BIKE SAFETY related to home fireworks, Miami Miller School of
which the appeal morn he based Biking is a great way to especially among children. Medicine.For more infor-
JOANNA FLORES,CMC get around and exercise in Hands,eyes and faces are motion,visit UHealth
CITY CLERK the summer days.However, among the most common System.com/patients/
bicyclists,especially kid- sites of fireworks injuries. pediatrics.
•
( ( Ini
OAAORAIE/
City of Opa-Locka
Agenda Cover Memo
Commission Meeting 05/27/2015 Item Type: Resolution Ordinance Other
Date: X
(EnterXin box)
Fiscal Impact: Ordinance Reading: 1d Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box) X
Public Hearing: Yes No Yes No
(EnterXin box)
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) (Enter X in box)
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(EnterXin box) N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(EnterXin box) specific objective/strategy this item will address)
Enhance Organizational p
Bus.&Economic Dev p
Public Safety p
Quality of Education 0
Qual.of Life&City Image p
Communcation El
Sponsor Name City Manager Department: City Manager
Short Title:
Upate of Chapter 11—Garbage and Trash of City Code of Ordinances
Staff Summary:
The City recently took on an exercise of updating the entire Garbage and Trash chapter of the City Code of
Ordinances. Outdated language was eliminated and new language was added that would empower the City with
the legal authority to appropriately manage the solid waste process in the City.
Proposed Action:
Approval
Attachment:
Draft Amended Chapter 11—Garbage and Trash ordinance
1. l 40 PA 0
tt. � a
Mihr.ri;,y i
�46P R8T t- - y _
Memorandum
TO: Mayor Myra L. Taylor
Vice-Mayor Timothy Holmes
Commissioner J eph L. elley
Commissioner Te ence P' e
Commissioner Lui B. S n
FROM: Kelvin L. Baker, Sr. , City Manag
DATE: May 20,2015
RE: Resolution: Update Chapter 11 —Garbage and Trash of City Code of Ordinances
Request: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA AMENDING CHAPTER 11, GARABAGE AND TRASH OF
THE CITY CODE OF ORDINANCES
Description: With the assistance of a consultant, the City recently took on an exercise of updating the
entire Garbage and Trash chapter of the City Code of Ordinances. Outdated language
was eliminated and new language was added that would empower the City with the legal
authority to appropriately manage the solid waste process in the City.
Financial Impact: None
Implementation Timeline: None
Legislative History: None
Recommendation(s): Staff recommends approval.
Analysis: At the January 22, 2015 Administrative Workshop, representatives of Universal Waste Service
(UWS), the City's solid waste contractor, gave a report on the garbage collection from the time they took over
the service December 1, 2014. They described several challenges that included illegal dumping by local
landscapers; commercial businesses not registering for service which negatively impacts City revenue; the
City's transfer station was not being managed properly; and apartments with insufficient sized containers.
The City Commission gave the directives that included:
• Change bulk pick up for monthly to two or three times per year
• Have police and Code Enforcement verify zoning,businesses, and occupational licenses
• Bring a recommendation to revamp transfer station that include developing a policy
• Develop a policy of what size containers commercial entities should have
Since that workshop,we have:
1. Assembled a Task Force that physically surveyed over 600 businesses in the City which identified
uncollected fees totaling$394,000.
2. Provided a recommendation to the City Commission, that was subsequently approved, that moved the
transfer station from its current location in close proximity to a residential community to City property
in a commercial area.
We have now completed or assessment of Chapter 11 of the City Code of Ordinances the deals with garbage and
trash. The revised code provides for:
• More update to date definitions to the code.
• Removes outdated language in reference to billing for solid waste on the monthly utility bill.
• Adds new language of the non ad valorem solid waste assessment on the Tax Bill.
• Limits bulk trash to twice per year collection.
• Increases the collection standard for multi-family properties as it pertains to dumpster location, size and
frequency.
• Details the rules, authority, enforcement of illegal dumping,non-franchisee roll-off container, and non-
compliance by residential and commercial properties of the rules regulations.
We believe this amended ordinance clarifies the City's solid waste practices and gives the City the ability to
enforce the laws of the City.
Attachments: (1) Draft Amended Chapter 11 —Garbage and Trash ordinance
PREPARED BY: Faye Douglas, Budget Administrator
Chapter 11-GARBAGE AND TRASH
FOOTNOTE(S):
(1)
Cross reference—Department of public works §2-406 et seq.. nuisances generally Ch 14 littering §
15-41 et seq.;disposal of rubbish in parks § 16-50;fires in parks and recreational areas. § 16-54. (Back)
ARTICLE I.-IN GENERAL
Sec.11-1.-Definitions.
As used in this chapter:
Bulky wasteshall mean, but not be limited to, large items of household refuse such as appliances,
furniture, accumulations from maior tree cutbacks (exceeding ten inches in diameter and four feet in
length and weighing more than 50 pounds),large crates and like articles which shall be placed out for city
collection guarterlyper year by residential unit owners paying for city service.
Calendar year shall mean the 12-month period beginning January 1st.
Cart-on-wheelsshall mean the 96-gallon containers issued to residences by the city for waste
collection and are required to be used
Container shall mean a durable plastic or other suitable material container of the type commonly sold
as a garbage can, including wheeled containers, having a capacity of 96 gallons, sufficiently strong for
workmen to empty conveniently, or may be lifted, and a plastic top with handle,and so constructed as to
permit the free discharge of its contents. The container must not have any inside structures such as
inside bands and reinforcing angles or anything within the container to prevent the free discharge of the
contents.The container shall be free of jagged or sharp edges.
Containerized waste shall mean and include refuse, not to include garbage as defined herein,which
is placed in cans,plastic bags,and/or bulk containers not exceeding three feet in length or weighing more
than 50 pounds.
Contractor shall mean an exclusive agreement between the city and a qualified firm to provide
municipal solid waste services,as defined in this chapter,within the city.
Curbside shall mean the areabetween the sidewalk and the street edge or, in areas without
sidewalks, the area between the edge of the traveled portion of any public or private street and the
property line.
Departmentshall mean the city department of public works.
Directorshall mean the director of the department of public works.
Discarded building materials and fill shall be considered waste and come within the purview of this
chapter.
Dumping shall mean to throw, discard, place, deposit or bury any litter and/or refuse except where
permitted.
Enforcement officer shall mean designated agents of the city manager, acting by and through
him/her, including but not limited to,code enforcement inspectors,police officers,outside consultants and
other third parties as may be chosen by the city manager.
Page 1
Franchisee shall mean a private commercial solid waste/firm that is granted an exclusive franchise
by the city, to remove and dispose of solid waste from commercial accounts and residential units
pursuant to the provisions of this chapter.
Fiscal year shall mean the 12-month period beginning October 1st.
Garbageshall meansall kitchen refuse generated from a residential unit
Householdshall means the whole or any part of a residential unit: •: - : : - _ . _ ___
Householdershall means a single person or head of a family using a household for himself or his
family.
Municipal city service shall mean a special assessment lawfully imposed by the city against
assessed property to fund all or any portion of the cost of the provision of solid waste service and water
and sewer service.
Municipal solid waste shall mean sludge unregulated under the federal Clean Water Act or Clean Air
Act,sludge from a waste treatment works,water supply treatment plant, or air pollution control facility, or
garbage, trash, waste, bulky waste, special waste, or other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining,
agricultural, or governmental operations. Source separated recovered materials, as defined in this
chapter,are not solid waste.
Municipal solid waste feeshall mean a special assessment lawfully imposed by the city against
assessed property to fund all or any portion of the cost of the provision of solid waste and recyclable
materials collection and disposal services,facilities,or programs providing a special benefit to property as
a consequence of possessing a logical relationship to the value, use, or characteristics of the assessed
property.
Municipal solid waste service shall mean the collection and disposal of solid waste from all
residential units.
Noncombustible refuseshall means refuse materials that are unburnable at ordinary incinerator
temperature (800 degrees through 1800 degrees Fahrenheit), such as metals, mineral matter, large
quantities of glass or crockery, metal furniture, auto bodies or parts, and other similar materials or
residues not usual to housekeeping or to the operation of stores or offices.
Residential unit shall mean any approved structure,with a certificate of occupancy,used or
constructed or modified or adopted for use as a single-family dwelling, duplex, cluster housing,
townhouse or multiple-family apartment building or other similar structure containing four or fewer
residential units,and which is located on a single lot, parcel or tract of land that is billed for municipal city
service. Each dwelling unit of a duplex, cluster housing, townhouse, or multiple-family building or other
similar structure shall be deemed a separate residence and billed separatelyfor municipal city service.
Rubbishshall means shrubbery, trees, palm fronds, and trimmings or limbs therefrom, and other
combustible material too large to be deposited in trash cans for collection.
Page 2
Trashshall means small,discarded materials from around the premises,such as cans,glass, paper,
paper cartons and other materials which can be deposited in the approved trash cans for collection, and
lawn clippings, grass cuttings, leaves and small trimmings that are limited to being can-be-placed in the
approved ninety-six thirty(9639)gallon garbage cans without protruding therefrom.
Wasteshall means trash and garbage.
(Code 1955.. §12-1)
Sec.11-2.-Administrative regulations authorized.
In order to implement the provisions of this chapter,the public works department shall from time to
time promulgate rules and regulations, as authorized by section 2-83 of this Code, regarding municipal
solid waste collection, whether by the city or by a private contractorssllesters. Departmental rules and
regulations shall be distributed to all licence oldercprospective contractors in accordance with the
applicable procurement process- : -== --• = - • -: --.:• - -•= =
(Code 1955,§ 12-44)
Sec.11-3.-Prima fade evidence of accumulation of municipal solid waste.
Occupancy of any residential unit or any commercial property located in the city waste service area
shall be prima facie evidence that garbage,waste,trash,bulky waste or other refuse is being produced or
accumulated upon such premises.
(Code 1955 §12-13)
Sec.11-4.-Applicability to residential,commercial uses.
The provisions of articles I and II of this chapter shall apply to both residential and commercial uses
and premises in the city unless expressly limited to one or the other; provided, however, that if the
application of any provision in said articles to commercial uses would conflict with any franchise for the
collection of commercial waste or any regulation of the department of public works relating to the
franchised collection of commercial waste,such franchise or regulation shall prevail.
Sec.11-5.-Only city or contractorlicensed collectors to collect and dispose.
Except as otherwise provided herein, the department of public works,andorcontractorlisensed
shall exclusively collect all municipal solid waste from residential units-garbage
and-trash-within the city and dispose of same as permitted by law. No municipal solid wastearbage-eF
trash shall be collected or disposed of in the city by any other person. No owner or lessee of any property
shall on behalf of any tenant or occupant collect or dispose of municipal solid waste garbage or trash
produced or accumulated on said property.
(Code 1955 §12-2)
Sec.11-6.-Storage,removal of waste for salvage or resale.
Materials that are baled or otherwise tightly contained may be removed by the owner or a person
under contract to the owner for salvage or resale if the owner is receiving substantial payment for same;
provided that the owner or contractor has a valid permit from the city for the collection and disposal of
salvageable materials-waste. All remaining materials shall be considered municipal solidwaste and shall
be not to be removed by the department of public works or a-contractorin a manner consistent with
industry standards and regulations•--•.-: -: - - ••- - •• -- •- - - - , -- •-
Sec.11-7.-Offensive or dangerous accumulations.
Page 3
No municipal solid waste shall be permitted to accumulate so as to comprise a nuisance,fire hazard,
breeding place for flies or other insects,or harbor for rodents or health and safety concern.
(Code 1955 § 12-26)
Sec.11-8.-Burning,burying,etc.;use as animal,fowl or fish food;transporting.
Nomunicipal solid waste shall be burned, buried, placed around shrubbery or trees, or used as
animal, fowl or fish food, or transported upon the streets or public highways of the city. The burning,
burying, placing around shrubbery or trees, using as animal, fowl or fish food, or transporting on the
I streets or public highways of the city of municipal solid waste, shall constitute prima facie evidence of
violation of this chapter by the householder or manager of the premises on which the same shall have
occurred or from which the same shall have been transported. The presence of ashes, charred wastes
and like substances on the premises shall constitute prima facie evidence of burning. This section shall
not prohibit transportation by a contractor .
!Code 1955 § 12-26)
Sec.11-9.-Regulation of containers;duty to provide.
The department of public works shall regulate the number, type, size and construction of all waste
containers which are placed for collection,whether by the city or by a contractorpavate-selectors. It shall
be the duty of eachoccupant •-- --_ .- , -.••••- -'- ••_. - ._' •••-• at a residential unit or
commercial property, or from same which waste is generated or accumulated, to properly maintain
provide-containers therefor in accordance with such applicable regulations.
Sec.11-10.-Removal prohibited except from approved containers.
Neither the department of public worksor a contractor, shall remove
wastes that isace not in an approved containers.
(Code 1955 § 12-201
Sec.11-11.-Containers to be kept covered.
Waste cContainers shall be kept tightly covered at all times except when actually placing waste in
them or removing it therefrom.
(Code 1955. § 12-22)
Sec.11-12.-Containers to be grouped,accessible.
Containers for the use of the same building or structure,if more than one,shall be placed within five
(5)feet of each other,and where easily accessible to waste collectors.
(Code 1955. § 12-4)
Sec.11-13.-Distance of residential containers from street.
In no event shall residential containers be kept in a place farther removed from the abutting public
street or road than a distance established by the department of public works.
■Code 1955 § 12-51
Sec.11-14.-Curbside placement;emergency;improvement of collection procedure;conditions.
(a) Curbside placement.Whenever,because of strike,natural calamity,or other emergency,or if the city
manager determines that it is necessary to improve the collection of garbage and trash service or to
provide for increased financial efficiency of the service, the city manager may order all or any
designated garbage or trash customer within defined areas to place garbage and trash containers at
Page 4
the front property line or curb on the day of scheduled collection,by notice set forth in the preceding
monthly billing. Notice shall state the effective date for curbside placement. The manager may
establish all necessary rules to provide for safety, uniformity, sanitation and aesthetics relating to
collection and placement of container. The manager's order shall remain in full force and effect
unless modified or rejected by resolution of the city commission.
(b) Domestic garbage. Garbage and trash containers are hereby required to be placed on the front
property line or curb on the day of scheduled collection. Such containers shall be returned to their
normal place within twenty-four(24) hours after the scheduled collection date. Containers may be
placed at locations other than stated above with the approval of the city manager.Those containers
and locations not approved will not be picked up.Containers in approved locations will be emptied as
determined by the city manager.
(c) Conditions.When ordered by the city manager receptacles and containers shall be provided by the
customer being serviced,except in areas where service is affected by automated collection systems.
In such areas,the initial automated system containers shall be specifically designated by the city and
shall be used exclusively for collection purposes. The customer shall be responsible for the
maintenance of all receptacles or containers in good condition and shall provide cleanliness and
repair. All receptacles and containers shall be provided with covers sufficiently tight to prevent
animals,flies or other insects from having access to the contents of the receptacles. Receptacles or
containers in which wet garbage or trash matter is placed shall be watertight. All receptacles and
containers shall be subject to the approval, inspection or condemnation by the public works
department.
(d) Separation of garbage, yard trash and rubbish. The city manager may order garbage to be
differentiated from garden trash and rubbish when placed in receptacles or containers for collection,
otherwise, garbage, garden trash and rubbish may be commingled for placement in containers or
receptacles for collection purposes.
(Code 1955.§12-28:Ord. No.83-4. § 1.4-29-83)
Sec.11-15.-Placing on right-of-way or private property prohibited generally.
Except as otherwise provided herein, no rubbish, garbage,trash, bulky waste or waste of any type
shall be placed or deposited within the right-of-way of any public road or upon any private property within
the city limits except on those properties licensed and zoned specifically for said purpose. This section
I shall not apply to the deposit or placing of waste materials, rubbish bulky waste or trash on any property
by any govemmental agency or utility, or by persons permitted to deposit building materials and fill in the
course of construction or of the reclamation of any land within the city as may be permitted by the city
manager pursuant to permits authorized by this Code.
(Code 1955 §12-71
Sec.11-16.-Permit to place on private property.
(a) Required. Notwithstanding the provisions of section 11-15, rubbish, garbage, trash, bulky waste or
waste may be placed or deposited on private property upon obtaining a permit from the city manager
or designee and utilizing the franchisee for collection.
(b) Application. No permit authorized by this section shall be issued by the city manager or designee
until an application has been filed therefor, specifying the property to be used and accompanied by
the following:
(1) An affidavit designating the nature of the materials to be disposed of executed by the person
disposing of same.
(2) The written authorization of the owner of the property permitting disposal.
(3) Payment of a fee in the amount as presently established or as hereafter adopted by resolution
of the city commission.
Page 5
(c) Duration, form, posting. No permit shall be valid for more than ninety(90) days one year from the
date of its issuance.All permits shall be on a form acceptable to the city manager and a true copy of
the permit shall be affixed on a stake within five(5)feet of the materials deposited closest to a public
road.
(d) Denial. The city manager or designee may refuse the issuance of any permit where it appears that
the applicant has caused materials to be placed or deposited on any public or private lands within
the city without having obtained a permit from the city manager or designee prior thereto. Appeals
from the refusal of the city manager or designee to issue any permit shall be in accordance with the
provisions of this Code.
(Code 1955. § 12-7)
Sec.11-17.-Placement,removal of rubbish,mss,bulky waste,from residential unitsets.
Section 11-15 shall not apply to rubbish or bulky waste placed only within the right-of-way of a public
road immediately abutting property owned, leased or under the control of a householder or apartment
manager paying fees for the collection and removal of municipal solid waste^.abbich to the city, provided
that tree trunks or branches of trees shall be cut into lengths not exceeding five (5) feet; and that no
single piece of rubbish shall exceed fifty(50) pounds of weight. Said placement and removal shall be
limited to two (2)times per calendar year per residential unit. No rubbish will shall-be removed from the
premises by the department of public works or contractor,unless the householder
shall first notify the department of public works or contractor and request a time for removal. The
department of public works or contractorshall, in its discretion, designate the time of removal, provided
that removal can be accomplished with existing equipment. In the event the rubbish or bulky waste does
not meet established criteria, :-- • -• - , -__ -, the same shall be removed by the
department of public works or contractor and a special handling fee, plus administrative costs, shall be
assessed to the property owner.
Placement of rubbish or bulky wastewithin the right-of-way of a public road for collection by a
franchisee from a commercial property is authorized. However, placement of rubbish or bulky waste
within the right-of-way of a public road for collection by the city of contractor from a commercial property
isprohibited.ln the event the rubbish or bulky waste does not meet established criteria,qualify for removal,
as set forth above,the same shall be removed by the city or designee and a special handling fee, plus
administrative costs, shall be assessed to the property owner. - - ._ _ • .._ •_ _ _
diopocod of by other is ful means.- - -• - --- - - - - - - -
(Code 1955 § 12-7)
Sec.11-18.-Responsibility for removal of industrial and noncombustible waste.
Industrial waste and noncombustible waste shall be disposed of in the manner and in such locations
as are prescribed by the director of public works. Removal of industrial waste and noncombustible waste
not subject to removal by the city,or any franchise of the city,shall be the responsibility of,and at the cost
of,the owner, occupant, operator or contractor creating or causing the accumulation of such material.
Upon approval of the director of public works, collection and disposal of the aforementioned waste may
be undertaken by the city, or franchisee,at the expense of the owner, occupant, operator or contractor,
provided that such collection and disposal does not interfere with other waste collection operations.Said
collection and disposal will incur a special handling fee, plus administrative costs,that may be assessed
to the property owner.
(Code 1955 § 12-13)
Sec.11-19.-City not responsible for building debris,furniture,vegetation cut before occupancy.
The city shall not be responsible for collecting or hauling discarded building material, dirt, rock or
discarded furniture from private property. It shall not be responsible for collecting or hauling trees,bushes
Page 6
or other vegetation cut on private property, before a certificate of occupancy is issued and no more than
quarterly per calendarvear for residential units as described in this chapter.
(Code 1955.§ 12-13)
Cross reference—Duty to clean building site, §7-10.
Sec.11-20.-Residential disposal of boxes,cartons.
All boxes and paper cartons originating from households shall be torn apart, flattened out, and
placed in a waste container in order to qualify for collection by the city.
(Code 1955 § 12-5)
Sec.11-21.-Materials or liquids other than waste prohibited in containers.
No materials or liquids other than wastes ready for removal shall be kept in waste containers.
(Code 1955, §12-21)
Sec.11-22.-Garbage to be drained and wrapped.
All garbage must be thoroughly drained of liquid matter and shall be well wrapped in paper before
being deposited in containers.
(Code 1955 § 12-22)
Sec.11-23.-Deposit of feces.
No human feces shall be placed in waste containers.Animal feces must be well wrapped in paper.
■Code 1955.§ 12-23)
Sec.11-24.-Disposal of animal carcasses.
Carcasses of small animals shall be wrapped in paper and tied and placed in waste containers for
removal.Disposal of larger carcasses shall be the responsibility of the householder or manager.
■Code 1955 § 12-241
Sec.11-25.-Deposit of dangerous substances.
All glass, razor blades, and all other like materials shall be securely wrapped so as to prevent
personal injury to collectors and shall be deposited in waste containers. No hot ashes, tar, grease,
chemicals, poisons or other materials offering a hazard to the collectors shall be placed in waste
containers.
(Code 1955 § 12-25)
Sec.11-26.-Hazards in way of collectors.
It shall be unlawful to permit hazards in the line of ingress or egress of waste collectors.
Code 1955 § 12-6`
Sec.11-27.-Structure foundations must be demucked.
(a) All structure foundations must be demucked in accordance with the South Florida Building Code.An
engineer's soil compaction certificate is required before a building permit is issued.
Page 7
(b) Only clean fill, limited to crushed limerock, sand, dirt, concrete debris and other environmentally
acceptable materials which comply with the South Florida Building Code will be permitted.
(c) The following materials are not acceptable: Petroleum products and by-products; roofing materials;
lumber or wood; furniture; glass, aluminum, trees or parts of trees; cut vegetation; rubber; wire or
cable;insulation materials;plastic materials;fabric materials;trash and garbage.
(d) Any person violating any of the provisions of this section shall be punished by a fine not exceeding
five hundred dollars ($500.00)or by imprisonment in the county jail for a period not to exceed sixty
(60)days,or by both a fine and imprisonment at the discretion of the court.
■Ord No 89-16 § 1 9-27-89)
Sec.11-28.-Disposal of tires;requirement for identification of tires with business occupational license
number.
All businesses disposing of tires shall prior to disposal imprint, emboss, or identify with indelible ink
or paint on each tire the occupational license number of said business. The occupational license number
shall be placed in a conspicuous place on the tire to be readily identifiable.
(Ord No 05-02 §2 2-9-05)
Secs.11-29-11-36.-Reserved.
ARTICLE II.-CHARGES FOR ASSESSMENT OF RESIDENTIAL COLLECTION
Sec.11-37.-When charges commence;continuation during temporary vacancy.
Waste fees shall be chargeable upon occupancy or upon the initial connection of permanent
electrical utility service or water service to the property or whenever the first waste pickup from the
I property is made by the city or by its contractorlieensees, whichever shall first occur. Waste fees shall
remain chargeable against any property during the period any of the foregoing services are supplied to
the said property,notwithstanding that a temporary vacancy may occur.
(Code 1955 § 12-13)
Sec.11-38.-Responsibility for payment.
The failure of any owner to make the payments as required by this chapter
shall not relieve the householder or manager of a commercial account from the necessity of doing so;nor
I shall the failure of any such householder or manager to make such payments
relieve the owner from the necessity of doing so. Compliance by the owner with the requirements hereof
shall relieve the householder or manager of a commercial account and compliance by the householder or
manager of a commercial account shall likewise relieve the owner or owners. Non-compliance by either
shall not excuse the other.
Code 1955 § 12-14)
Sec.11-39.-Separation of household and commercial accounts.
No commercial account within the meaning of this chapter, even though located in an apartment
house, shall be considered a part of the apartment, but shall be treated as a separate commercial
account. Neither shall a household within the meaning of this chapter, even though located in a
commercial building, be considered as a part of the commercial account but shall be treated as a
separate household and pay the rates prescribed for households.
Code ? _ ?41
Sec.11-40.-Schedule of residential charges.
Page 8
A schedule of charges shall be prescribed by ordinance from time to time,which shall be kept on file
in the city clerk's office.
(Code 1955 § 12-18 Ord No 79-29 § 1. 10-25-79)
Sec.11-40(a).-Residential solid waste assessment^"ection ^a ^°al fe^
All residential units shall be billed for services provided herein through a non-ad valorem assessment
on their tax bill and shall be subiect to the provisions thereof.
($4.62)is hcrcby ascesced on all residential units in the city.This acccccmcnt chall cover the city's coctc
dispesaf sewices
The city manager shall review this assessment annually and determine whether to recommend a
modification of same for city commission approvalis-nesessarjr.
(Ord. No 03-23. §2 9-24-03)
Sec.11'11. Deposits required for city collection.
cost of two(2)month's waste collection.
(Code 1955,§12 18)
Sec.11 42. Billing to be on water bill.
(Code 1955,§12 18)
Sec.11 13. Billing for multiple dwellings served by one water account.
(Code 1955,§12 18)
shall be sent to owners of property as well as tenants.
(Code 1955,§12 18)
Sec. 11 45. Residential payment required;time;refunds prohibited.
Page 9
(c)N..refu nds shall be made
(Code 1955,§12 15)
Sec. 11 16. Payment to be to city;receipt.
sONested
{Code 1955,§12 16)
remedies n milled by la... •••• _
Sec. 11 48. Interest on city charges.
rate of fifteen per cent(15%)per annum.
{Code 1955,§12 56)
Sec.11-49.-Lien for city charges.
Each garbage, trash or waste fee charged pursuant to this Code for collection by the city is hereby
made a lien on the premises benefited by the services of the city. Notice of lien shall be mailed by
certified mail to the property benefited. The lien on the premises benefited shall be certified to and filed
with the clerk of the circuit court of Dade County, Florida, in the manner provided for liens generally.The
lien for said services with interest and penalties allowed by law shall be collected as other municipal taxes
are collected and enforced and may be foreclosed in the manner provided by law.
(Code 1955,§12-56)
Sec. 11 50. Appeal of amount of fee.
(Code 1955,§12 56) .---- Formatted:pp
Page 10
(Code 1955,§12 19) F---{Formatted:po i
(Code 1955,§12 17) t----Formatted:p0
Sec.11-53.-Residential Solid Waste AssessmentWaste collection fees.
(a) The solid waste assessmentWaste collection feet: for each residential
apartment unit in the city shall be approved by city commission' • _ . __ - - - -
(b) The city manager may annually review the residential solid waste assessment and recommend a
modification to this assessment for city commission consideration and approval as necessary.Waste
collection fees terminate October 1, 1993 unless said termination date is extended by the city
sea rissien.
(c) Further, Tthe city manager is empowered with the authority to assess fees for illegal dumping that
constitute a lien on the premises benefited by the services of the city or its contractor. Notice of the
lien shall be mailed by certified mail to the property benefited. The lien on the premises benefited
shall be certified to and filed with the clerk of the circuit court of Dade County, Florida, in the manner
provided for liens generally.The lien for said services with interest and penalties allowed by law shall
be collected as other municipal taxes are collected and enforced and may be foreclosed in the
manner provided by law .
(Ord. No. 90-12 §§ 1-3.9-26-90.Ord. No 91-17 §§ 1-3. 9-26-91 Ord No.92-15 §§ 1-3 9-23-
92)
Secs.11-54-11-62.-Reserved.
ARTICLE III.-PRIVATE NONRESIDENTIAL COLLECTION
Sec.11-63.-Legislative intent.
It is the purpose and intent of this article to provide, by franchise or-agreement,for the collection of
all garbage, trash, rubbish, construction and demolition materials,bulky waste, and industrial waste,
collectively defined as "commercial solid waste",generated fromby commercial property°°'° ts7
• •: •- -:- -. -- •- : ::--- , as may be designated by the city within the City of
Opa-locka, Florida. No private waste collector heretofore not licensed by the city or hereafter not
authorized licensed-by the city shall b -to-collect or haul discarded building material, dirt, rock,
plaster, lumber or discarded furnishings and fixtures,equipment, construction debris, or to collect or haul
trees, bushes or other vegetation cut on commercial property : _ - •- '- -- -- - - --• -- - -
occupansy. Said material shall be removed and disposed of by the frachisee . All
commercial solid waste services for all commercial accounts recidon ial s
_.- - _ ._-•••- •• •- shall be provided by the franchiseeeity.
;Code 1 55 7 1,2-401
Sec.11-64.-"Waste"defined.
1 Biological wasteshall mean solid waste that causes or has the capability of causing disease or
infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other
Page 11
wastes capable of transmitting pathogens to humans or animals. The term does not include human
remains that are disposed of by persons duly licensed in the State of Florida.
Biological waste collectorshall mean any private solid waste contractor who collects, transports or
disposes of biological waste.
Biomedical waste shall mean any solid waste or liquid waste which may present a threat of infection
to humans. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory
and veterinary waste which contain human-disease-causing agents;discarded disposable sharps; human
blood, and human blood products and body fluids; and other materials which in the opinion of the
Department of Health and Rehabilitative Services of the State of Florida represent a significant risk of
infection to persons outside the generating facility.
Biomedical waste collector shall mean any private solid waste contractor who collects,transports or
disposes of biomedical waste.
Cart-on-wheels shall mean the 96-gallon containers issued to commercial accounts by the
franchisee for commercial solid waste collection,
Certified recovered materials dealer shall mean a dealer certified under$403.7046, Fla. Stat.,who
handles,purchases,receives,recovers,sells or is an end user of recovered materials as defined herein.
Commercial account shall mean any hotel, motel, rooming house, tourist cabin, trailer park,
bungalow court, apartment building with rental apartments, cooperative apartments, and/or multiple-story
condominium buildings and any other commercial business or establishment of any nature or kind
whatsoever other than residential unit as defined in this section including the collection and disposal of
construction and demolition debris..
Commercial business or establishment shall mean and include all retail,professional,wholesale and
industrial facilities, governmental and quasi-governmental establishments and any other commercial
enterprises,for profit or not for profit,offering goods or services to the public.
Commercial property shall mean any hotel, motel, roominghouse, tourist cabin, trailer park,
bungalow court,apartment building with rental apartments, cooperative apartments,and/or multiple-story
condominium buildings and any other business or establishment of any nature or kind whatsoever other
than a residential unit as defined in this section.
Commercial solid waste shall mean every waste accumulation, including but not limited to, dust,
paper, paper cartons, cardboard cartons, excelsior, rags, garbage, plastics, metal containers, recyclable
material,garden and yard clippings and cuttings, bulky waste and other waste which is usually attendant
to the operations of commercial business or establishment or commercial property.
Commercial solid waste service shall mean the collection and disposal of garbage, trash, recycling,
construction and demolition debris,solid and process waste for all commercial accounts.
Condominiums, or condominium buildings, shall be deemed to mean any building or structure that
evidences that form of ownership of real property which is created pursuant to the State of Florida
Condominium Act,which is comprised of units that may be owned by one or more persons,and in which
there is appurtenant to each unit an undivided share in common elements.Any condominiums with three
or more dwelling units therein shall be classified as commercial establishments for purposes of this
chapter.
Construction and demolition debris shall mean materials generally considered to be not water
soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt
roofing material, pipe,gypsum wallboard, and lumber,from the construction or destruction of a structure
as part of a construction or demolition project, and including rocks, soils, tree remains, trees, and other
vegetative matter which normally results from land clearing or land development operations for a
construction proiect, including such debris from construction of structures at a site remote from the
construction or demolition proiect site. For purposes of this chapter, construction and demolition debris
shall be classified as"solid waste." Further,mixing of construction and demolition debris with other types
of solid waste, including material from a construction or demolition site which is not from the actual
Page 12
construction or destruction of a structure, will cause it to be classified as solid waste. The term "solid
waste"shall also include mixing of the following:
(a)Clean cardboard,paper,plastic,wood,and metal scraps from a construction project;
(b)unpainted, non-treated wood scraps from facilities manufacturing materials used for construction
of structures or their components and unpainted; non-treated wood pallets provided the wood scraps and
pallets are separated from other solid waste where generated and the generator of such wood scraps or
pallets implements reasonable practices of the generating industry to minimize the commingling of wood
scraps or pallets with other solid waste;and
(c)De minimis amounts of other non-hazardous wastes that are generated at construction or
destruction projects, provided such amounts are consistent with best management practices of the
industry.
Construction and demolition debris collector shall mean any exclusive commercial solid waste
franchisee who collects,transports or disposes of construction and demolition debris and shall be subject
to a registration fee as provided for$403.7046,Fla.Stat.
Construction dumpster or roll-off shall mean an approved open metal container without wheels,with
capacity up to 40 cubic yards, used at construction sites for the purpose of removing construction and
demolition debris,which includes rock,metal and other materials which are heavy in weight or substantial
in size,used in connection with a construction and/or demolition project.
Container shall collectively mean a construction dumpster, dumpster, roll-offor cart-on-wheels used
for commercial accounts,
Dumpster shall mean an approved metal container on wheels with a tightfitting solid top and a
minimum capacity of one cubic yard.
Franchisee shall mean a private commercial solid waste/firm that is granted an exclusive franchise
by the city, to remove and dispose of solid waste from commercial accounts and residential units
pursuant to the provisions of this chapter.
Franchise agreement shall mean an exclusive agreement between the city and a qualified firm to
provide commercial solid waste services,as defined in this chapter,within the city.
Franchise fees shall apply to commercial accounts and include,but not be limited to,a percentage of
gross revenue billed,various one-time fees and temporary roll-off/container permit fee(s).
Gross revenue billed shall mean all monies resulting from all transactions and activities, within the
city, in the franchisee's regular course of business and trade including garbage, industrial, solid waste,
used cooking oil waste, environmental charges and fees, containerized waste, equipment rental and
leasing, fuel surcharge, construction and demolition debris, roofing materials, trash, litter, maintenance,
compactors, refuse and/or rubbish collection removal and disposal services rendered, hand baq
collection, recycling, or from any other source related directly or indirectly from waste collection services,
including, but not limited to, all income derived from leasing and renting of real or tangible personal
property, the use of dump trucks, grappinq trucks, roll-off trucks, trailers, roll-offs, boxed in, framed,
fenced in, or otherwise designated storage areas, etc., containers, baqsters, chutes, and any other
vehicles and equipment used for collection and disposal of any debris by the franchisee, exclusive of
taxes as provided by law, whether wholly or partially collected within the city, less bad debts. Gross
revenue billed shall not include income derived from the transportation,storage,treatment,collection,and
removal of biomedical,biological,or hazardous waste as herein defined.
Hazardous wasteshall mean solid waste, or a combination of solid wastes, which, because of its
quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly
contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible
illness or may pose a substantial present or potential hazard to human health or the environment when
improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include
human remains that are disposed of by persons licensed under chapter 497 of Florida Statute.
Page 13
Health and safety concemshall mean any inefficient and improper method of managing solid waste
collection which creates a hazard to the public health, causes pollution of air and water resources,
constitutes a waste of natural resources, has an adverse effect on land values and creates public
nuisances.
Illegal dumping shall mean the unauthorized placement of bulky waste or trash at the curbside or
other public right-of-way by any person outside of the scheduled time. In certain circumstances,this may
also apply to private property.
Industrial waste shall mean the waste products of canneries, water houses or packing plants,
condemned food particles, agricultural waste products, waste and debris from brick, concrete block,
roofing, shingle or tile plants, debris and waste accumulated from land clearing, excavation, building,
rebuilding and all alteration of buildings,structures, roads,streets,sidewalks or parkways,and any waste
materials which, because of their volume or nature, do not lend themselves to collection and incineration
commingled with ordinary garbage and trash, or which, because of their nature or surrounding
circumstances should be, for reasons of health or safety, disposed of more often than the city collection
service schedule provides for other types of garbage or waste.
Public nuisance shall mean a container which appears to be utilized for commercial solid waste
collection without a city franchise agreement and poses a threat to the health and safety of the
community.
Salvage materials shall mean recovered materials.
Recovered materials shall mean metal, paper, glass, plastic, textile, or rubber materials that have
known recycling potential, can be feasibly recycled, and have been diverted and source separated or
have been removed from the solid waste stream for sale, use, or reuse as raw materials,whether or not
the materials require subsequent processing or separation from each other, but does not include
materials destined for any use that constitutes disposal. Recovered materials as described above are not
solid waste.
Recyclable material shall mean those materials which are capable of being recycled and which
would otherwise be processed or disposed of as solid waste.
Recycling shall mean any process by which solid waste, or materials which would otherwise become
solid waste, are collected, separated, or processed and reused or returned to use in the form of raw
materials or products
Roll-off or construction dumpster shall mean an approved open metal container without wheels,with
capacity up to 40 cubic yards, used at construction sites for the purpose of removing construction and
demolition debris,which includes rock,metal and other materials which are heavy in weight or substantial
in size,used in connection with a construction and/or demolition proiect.
S/udgeshall mean the accumulated solids, residues, and precipitates generated as a result of waste
treatment or processing, including wastewater treatment, water supply treatment, or operation of an air
pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or
similar waste disposal appurtenances.
Solid waste shall mean sludge unregulated under the federal Clean Water Act or Clean Air Act,
sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or
garbage, trash, waste, special waste, or other discarded material, including solid, liquid, semisolid, or
contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or
governmental operations. Source separated recovered materials,as defined in this chapter,are not solid
waste.
Source separated shall mean recovered materials are separated from solid waste at the location
where the recovered materials and solid waste are generated. The term does not require that various
types of recovered materials be separated from each other, and recognizes de minimis solid waste, in
accordance with industry standards and practices, may be included in the recovered materials. Materials
are not considered source separated when two or more types of recovered materials are deposited in
combination with each other in a commercial collection container located where the materials are
Page 14
generated and when such materials contain more than 10 percent waste by volume or weight; said
materials will be considered solid waste. For purposes of this chapter, the term "various types of
recovered materials"shall mean metals,paper,glass,plastic,textiles,and rubber.
Special waste shall mean solid waste that can require special handling and management, including,
but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition
debris,ash residue,yard trash,and biological wastes.
Transfer Stationshall mean a disposal site, maintained by the department or franchisee, where
householders of the city may deposit bulky waste,trash and/or rubbish.
The term "wWasteshall mean commercial solid waste. ..-: •- -'- ' -- •-: :- : •:-
(Code 1955.§ 12-41)
Sec.11-65.-Franchise required;relative rights of franchisee and city.
(a) The city shall issue an exclusive to licensed franchisees agreement a licence to engage in
commercial solid waste service -- - • -e"-- -- •••-• •- -• - - • -
- - - .. • •- • - . provided
that an applicant for said franchise agreement shall, in the judgment of the city commission, be
qualified to serve in such capacity, and further provided that said all-applicants for said franchise
shall meet the specifications set forth in this article as a condition for the issuance of said franchise
agreement,and such other specifications and requirements as the city commission may from time to
time promulgate. The city retains all of the powers of a municipality of the State of Florida, for the
exercise of its police power goveming the health and welfare of its citizens for the purpose of
reviewing the services rendered to the commercial, multifamily and nonresidential accounts, the
maintenance of rate schedules, method employed for the accumulation and removal of waste, and
the imposition of penalties for failure to render service to particular commercial accounts or the
violation of the provisions of this Code.
(b) The city manager or designee shall,with the successful applicants, have the power to establish the
type,frequency and amount of solid waste collection service needed and to be rendered to all areas
of the city and to promulgate rules and regulations not inconsistent herewith. Further, the city
manager or designee,along with the franchisee,is authorized toimplement the terms of the franchise
so that questions of use of public streets, problems of access to customers for service which might
arise from time to time, complaints, if any, and other questions can be justly and expeditiously
resolved. The city shall provide means of egress and ingress to points to be collected by the
franchisees and require the cooperation of its citizenry and commercial establishments in
implementing the services provided by this article.
(c) •--• _ •. .- . . .eeeeee •
- - - -- . The franchisees shall not be
authorized to assign its license or subcontract any portion thereof without the specific written consent
of the city. -- _ • •- • - -
(d) The city shall determine the monthly rate schedule for service of all accounts in the city and said
rates shall be binding upon the franchisees.The rate schedule shall be subject to review once a year
at each anniversary date of the franchise agreementsaid-assount.The franchisees may petition the
city commission for a change in the scheduled rates and shall submit proper proof and substantiation
to thereof of the city commission which, in its discretion, may amend the schedule of the rates
applicable to the franchisees.
(f) The city manager or designee is assigned the responsibility for enforcement of commercial solid
waste collection procedures enumerated herein.
Page 15
(eg) Upon the granting of a franchise, the city shall notify all commercial and non-residential accounts
effected thereby that service by the city will be terminated within ninety(90)days thereafter, except
in those cases where the contractual arrangements require that such service be provided for a
longer period.The city and the franchisees shall make such arrangements as shall permit the orderly
transfer of waste collection service from the public works department of the city to the franchisees.
(Code 1955 § 12-42 Ord No 99-12 § 1 9-8-99)
Sec.11 66. Effect on existing contracts and licenses.
by-the-GitY
(Code 1955. § 12-43)
Sec.11-67.-Applications and forms.
The public works department shall prepare all forms for applications and vehicle permits,review and
approve applications for licenses for waste service by private waste contractors. It shall be the obligation
of the private waste contractor to have all forms accurately completed and submit same to the public
works department for its review and approval,and transmittal to the city manager.
(Code 1955. §12-44)
Sec.11-68.-Collection standards;dumpster location;dumpster size and frequency;noncompliance;
grounds for revocation.
(a) All work relative to the collections contemplated in this article shall be performed as scheduled in a
workmanlike manner. Upon completing each collection permitted hereunder,the franchiseelicencec
shall properly replace all dumpsters and containers and leave the premises so serviced in a litter-free
and sanitary condition.
(b) The director or director's designee is hereby required and granted full power and authority to
designate the location of dumpsters and the number of dumpsters to be kept at each location. All
dumpsters shall contain the identification of the franchisee and must be clean, kept closed,and free
of graffiti.Any dumpster which do not conform to the provisions of this chapter or which contain other
defects likely to hamper the collection of or iniure the person collecting the contents or any dumpster
other than the ones provided by franchisee thereof are illegal. Such dumpsterspose a health and
safety concern and shall be promptly replaced by the owner or franchisee upon receipt of written
notice. At no time will the department service any such illegal dumpsters. After notification, illegal
dumpsters that pose a health and safety concern shall be removed at the discretion of the director or
his/her designee in accordance with this chapter.
(c) For multi-family dwellings the contract must specify a minimum of a two cubic yard (2 CY)dumpster
of sufficient capacity so as to avoid overflowing conditions with a minimum twice per week collection;
two true and accurate copies of said contract shall be fumished to the director or his/her designee.
The dumpster must be capable of holding a minimum of one week's collection of solid waste for the
number of units or size and activity of business establishment being served.
Page 16
The following standards for dumpster size and frequency of collection are presented merely a guide.
Dumpster Minimum
#of Units
Capacity Frequency
5-8 2 cv 2 x week
9-16 4 cY 2 x week
17-32 6cy 3xweek
33-48 8 cy 3 x week
Over 48 8 cy 5 x week
Note: Frequency will increase depending on health and safety concerns and mutually agreed to
terms and conditions of the franchisee and customer. All equipment utilized by a franchised private
hauler shall comply with the requirements and provisions of this chapter. All dumpsters shall be
screened from the direct view of the adjacent property owner. The department reserves exclusively
the right to collect solid waste from any city governmental facility, or any facility constructed or
erected on city-owned or leased property,regardless of location.
(bdd) If the director of the public works department shall determine that the franchiseea-lisensee has failed
to comply with the provisions of this article or the rules and regulations established and authorized,
he shall so notify the offending franchiseelicensee,in writing,by certified mail,and demand that such
franchiseelicensee cause the violation to be remedied within five (5) days. If the violation is not
remedied within the prescribed time, the director of the public works department shall certify such
noncompliance to the city manager,who shall thereupon, proceed according to chapter 13,article II
of this Code,revoke the franchise agreementlisense-ef-saki-fibensee.
(Code 1955. 12-45)
Sec.11-69.-Waste vehicle permits.
Franchisees shall be required to have valid vehicle permits for each collection
vehicle.Each vehicle shall display said permit in a prominent and easily visible location.
;Code 1955 §12-461
Sec.11-70.-Inspection of vehicles.
All vehicles shall be properly inspected by the appropriate govemmental agencies_and-fie--city.As
necessary,Tthe public works department may shall-inspect all vehicles for safety,cleanliness and proper
licensing;and etc.,as may be necessary.
;ode 1955 v 12-4`i
Sec.11-71.-Marking of vehicles.
Each vehicle operated within the city under this article shall be conspicuously marked on both sides
of the vehicle in stenciled letters in an area of not less than thirty(30)inches by fourteen(14)inches with
the following information:
Page 17
Top line:City of Opa-locka,license number
Second line:The licensee's name.
All markings shall be approved by the public works department of the city.(Code 1955,§12-48)
Sec.11-72.-Application for franchiseagreementlieense;requirements and conditions.
Every person individual, firm, corporation, partnership, association, organization or any other group
acting as a unit, interested in a franchise agreement -:-• -: • :.. - _ _.••..- .'. ••-
licence shall submit an application for such agreementlisense to the city manager or designee as part of a
request for proposal(RFP)issued by the city.Such RFPapplioation shall include some of the following:
(a) Be a written statement upon the form provided by the city. The form shall be sworn to by the
applicant before a notary public of this state,as to the time of the statements contained therein.
(b) Require the disclosure of all information necessary in compliance with this article.
(c) Be accompanied by a certified check for the total amount of the fees chargeable for such
application–lioense. All non-refundable fees shall be held by the city manager until a final
determination is made as to the issuance of a franchise agreementlicense.
(d) The successful applicant shall be able to post a performance bond in the amount of one two
hundred thousand dollars($4200,000.00),should the city decide that such bond is necessary to
guarantee performance.
(e) To demonstrate ability to perform by the franchiseesontractor, the applicant shall submit
certification by letter or statement,to a current date,by a certified public accountant showing the
applicant to have a net worth of at least twofive hundred thousand dollars($2500,000.00).Said
statement shall further reflect that the applicant or its principal officers have had at least a
minimum of five(5)years of experience in commercial waste collection.
(f) The successful Aapplicants must have, in order to maintain the franchise agreement, an office
and/or :.- '• - -: __ , •- - _- place of business in the city for visits by city
residents : ' - . -- -. - -- ! - - - _. •-
maintenance and repair of said vehicles in order to insure service to the commercial
(g) The applicant must be an equal opportunity employer.
,Code 1955 § 12-49)
Cross reference—Surety bonds generally, §2-84.
Sec.11-73.-Prerequisites to license issuance.
I (a) The applicant(s) for a franchise agreement license under this article, or if an individual, firm,
corporation, partnership, association, organization or any other group acting as a unit, any person
having any financial, controlling or managerial interest therein, shall be of good moral character. In
making such determination the following shall be submitted by the applicant:
(1) Name and business address: If the applicant is a partnership or corporation, the names and
business addresses of the principal officers and stockholders, and other persons having any
financial or controlling interest in the partnership or corporation.
(2) Fingerprints: All applications shall be accompanied by fingerprints of the applicant, if an
individual, and if the applicant is other than an individual, then the fingerprints of the principal
controlling officers of the applicant shall be furnished. Such service shall be provided to the
applicant by the city police department.
Page 18
(3) Penal history: A record of all convictions, reasons therefor, sentence imposed for each such
conviction, and the demeanor subsequent to the last such conviction shall be provided by the
applicant. If the applicant is other than an individual,then the principal controlling officers of the
applicant shall provide the aforesaid information upon the forms approved by the city.
Each such applicant as hereinbefore defined shall execute written consent, upon forms
provided by the city, to be sworn to by such applicant before a notary public of this state,
authorizing any and all agencies, organizations and governmental bodies, federal, state and
local,to release and disclose all records pertaining to the information requested in this section
and in subsections(4)and(5)hereunder to the city,and said written consent shall authorize the
public disclosure of all such information and records. The police department of the city shall
thereafter review such record and, if merited, issue a certificate of compliance indicating the
satisfactory demeanor of such individuals and listing a record of conviction(s).
(4) FranchiseeLisense history:A franchiselisease history of the applicant, setting forth whether or
not such applicant previously operated in this or another state under a franchiselicense, and
whether the applicant has had such agreementlisense revoked or suspended, and if so, the
reasons for said revocation or suspension shall be set forth.
(5) General personal history: The applicant shall provide such other facts as are thought to be
relevant to the general personal history of any applicant. If the applicant is other than an
individual,then the applicant shall provide such other facts as are thought to be relevant to the
general personal history of the principal controlling officers of the applicant.
(b) The application setting forth the penal history, license and general personal history of the applicant,
individual or otherwise, shall be reviewed by the city for the purpose of determining the moral
character of the applicant.Good moral character shall be determined by:
(1) General traits, reputation as to sobriety, honesty, loyalty, trustworthiness, reliability and
discretion of the applicant;
(2) The associations,type of persons,groups,organizations or movements with which the applicant
has been associated;
(3) The nature of the offenses for which the applicant was convicted,if any,the sentences imposed
thereon, the demeanor of the applicant following the conviction, and/or release from any
incarceration imposed therefrom,and the rehabilitation of said applicant into society;
(4) The previous franchiselisense history of the applicant, if any,as attested to by the city manager
or city clerk;
(5) Investigation of the city may include, but not be limited to, neighborhood investigations, credit
agencies,the records of law enforcement agencies,and other sources of recorded information.
(c) The application shall be accompanied by a certificate of approval furnished by the director of the
department of public works to the effect that he is satisfied as to the following:
(1) The adequacy of the equipment to be used in compliance with the requirements of this article.
(2) The method of collection to be employed.
(3) The refuse dump,incinerator plant or other place,means or location indicated,in writing, by the
licensee to be used for final disposal.
,Code 1955 12-50)
Sec.11-74.-FranchiseLicense issuance.
The city manager derk—shall issue the franchise agreement all liccncccapproved by the city
commission-manager.
Page 19
Sec.11-75.-Insurance required.
Before actually commencing business, the franchiseee°� cee shall obtain the following
insurance from a firm with a minimum rating of"A3"from Moody's Investor Service and shall fumish the
original liability policy to the city clerk with a certificate of insurance for all policies written in the
franchisee's i
lce nce name. This certificate shall provide that the policies contain an endorsement
requiring that the city shall be furnished, within ten (10) days, written notice by registered mail prior to
cancellation or material change in any policy.The sufficiency of the insurance shall be certified by the city
manager prior to commencing business.Termination of insurance coverage shall automatically terminate
the right of the franchiseelieensee to operate within the city.
(a) Worker's compensation:The franchiseelicensee shall carry, with a company authorized under
the laws of the State of Florida, a policy to protect against liability under the workmen's
compensation and occupational diseases statutes of the State of Florida.
(b) Automobile liability insurance: The franchiseesi ensee shall carry, in his own name, a
comprehensive policy to insure the entire automobile liability of his operations with limits not
less than one hundred thousand dollars ($100,000.00) each person and three hundred
thousand dollars ($300,000.00) each accident bodily injury liability, and fifty thousand dollars
($50,000.00) each accident for property damage liability per vehicle. In addition to the above
insurance there must be excess coverage to at least one million dollars($1,000,000.00).
(c) General liability:The franchiseelicensee shall carry, in his own name, a comprehensive liability
policy for his operations other than automobile with limits of at least one hundred thousand
dollars ($100,000.00) for each person and three hundred thousand dollars ($300,000.00) for
each accident bodily injury liability, and fifty thousand dollars ($50,000.00) each accident for
property damage liability.
(d) Liability of the city. The above insurance requirements shall not be construed as imposing upon
the city, or any official or employee, any liability or responsibility for damages to any person
injured or any property damaged by a franchisee-e""" . . . - -- . .--- --.
(Code 1955 § 12-521
Sec.11-76.-Power of city to regulate charges.
The city will regulate the prices to be charged by the successful applicant based on a monthly
service charge for container and pickup fee per yard in the manner and in the amounts set forth in a
resolution of the city commission kept on file in the city clerk's office.
Sec.11-77.-Reports and payment of fees.
(a) Commencing thirtyninety(930)days after the date of the issuance of a licence franchise agreement
hereunder and continuing monthlyquarterly thereafter on the same day of each and every
monthquarter,the licence franchisee shall file with the city manager,on forms approved by the city,a
report under oath designating the names and addresses of the accounts serviced by said license
franchisee in the city for the preceding monthquarter together with the gross monthly service fee
received from each said account, and shall pay to the city, monthlyguarterly, and simultaneous with
the filing of said report, a sum equal to twenty-eightflve per cent(286%)of the licensee's total gross
monthly receipts as reflected on each such report. • ..- , •- . -- - _ - - _-
herein cet forth.
(b) Commencing from city commission approval, the franchisee shall pay the city a seventy-five dollar
($75.00)permit fee for every ninety(90)days for any and allconstruction dumpsteror roll-off accounts.
The ninety(90) day permit fee will not be included in gross revenue and may be charged as a pass
through to the customer; however,the gross monthly fee will be applied to revenues generated from
Page 20
servicing such accounts. Upon the expiration of the ninety(90)days,the franchisee will have to re-
submit a permit.
(a)(c) As may be directed by the city manager, the franchisee may collect illegal dumping and
separately charge the city for said solid waste service per contract as approved by the City
commission. All tenants and/or owners of property receiving city collection service for illegal dumping
shall receive written notification, with supporting documentation, for payment within five (5) days.
This service of the city shall not exempt the property from imposition of lien for failure to pay for said
services as provided by section 11-49
(cb) Commencing thirty(30)days after date of the issuance of a license-franchise agreement hereunder,
the license-franchisee shall commence to file monthly reports with the city manager,indicating every
commercial account acquired by said franchisee for service hereunder and the contract amount(s)
for such service.
(c) In addition to twenty-eightfweper cent (528%) per sent-of the gross receipts from the contracts
derived from the collecting of commercial accounts from customers within the corporate limits of the
city hereunder, and the ninety (90) day permit fee, the city shall also be entitled to annual
occupational license fees from the franchisee, _ -- - ------- -._- .--- -- '
waste-soilection-vehieles7 inspection fees, and liquidated compensatory damages for such accounts
as the city may have had to service or caused to be serviced by franchise
other than for its failure to perform as required by this article.
in section 11 77(a)and remit the net balance of said fees to the licensed franchisee.
(Code 1955, § 12-54)
Sec.11-78.-Term and option to renew franchise.
The franchise agreement is granted for a period of two (2) years subject to the provisions of this
article, unless earlier terminated as a result of the failure of the franchiseecentfacter to comply with the
provision of this article and to provide effective and efficient service.The franchiseccontractor shall have
an option to renew the franchise agreement on the same terms and conditions as may be modified and
mutually agreed to,for a period of two (2)additional years, by exercising such option not less than one
hundred and twenty(120)days prior to termination of the contract franchise in writing to the city.
(Code 1955, § 12-55)
Sec.11-79.-Payment of fees;delinquencies;appeal.
(a) Garbage, trash, permit and waste collection fees for private waste collection shall be paid as
provided in this article. In the event charges for services shall not be paid within thirty(30)days after
billing, notice of delinquent payment shall be mailed by certified mail to the property benefited by
such service,to the attention of the owner or tenant thereof.All delinquent garbage,waste and trash
fees shall bear interest from the date of delinquency at a rate of eighteen fifteen per cent(185%)per
annum of the amount of the delinquency. Failure to receive payment in full within ten (10) days
thereafter shall authorize the franchiseelicensee to discontinue service and pursue other legal
remedies for collection.
(b) Any person who disputes the amount of imposition of any garbage,trash, permit or waste fee shall
have the right of appeal,to the city commission.
(c) All owners of property receiving collection service for discontinued service or illegal dumping abutting
their property in thepublic right-of-wav,mav,upon written notification to the department of public
works, have billing forwarded directly to the tenant served therebv,provided that said tenant has
Page 21
deposited with the city,the required waste collection deposit as provided by this Code.This service
of the city shall not exempt the property from imposition of lien for failure to pay for said services as
provided by this section. Delinquent notices of the tenants shall be sent to owners of property as
well as tenants.
(d) Payments of fees for discontinued service or illegal dumping shall be made in full within thirty(30)
days from notification.
(e) No refunds or discounts shall be made.
(f) All payments pursuant to this chapter for discontinued service or illegal dumping shall be made to the
city.
(q) An official receipt shall be procured showing payment.
(h) A copy of such receipt shall be retained by the city and shall be held available for inspection by
authorized employees of the public works department.
(i) The address on the receipt must be the same as the address where the discontinued service or illegal
dumping was collected.
(i) Any person who disputes the discontinued service or illegal dumping fees imposed for collection by
the city shall have the right of appeal to the city commission.Appeal shall be taken by filing with the
city clerk within ten(10)days after written notice mailed.
(k) In the event any charge for city collection of waste shall become delinquent,the city shall give notice
that the city shall exercise all remedies permitted by law five (5) days thereafter unless within that
time a notice of appeal, including the grounds therefor, is filed with the city clerk. On receipt of said
notice of appeal, the clerk will place it on the agenda for consideration at the next commission
meeting, and give notice of the time and place of such meeting to the appellant. The commission
shall determine the merits of the appeal after public hearing. In the event the appeal is denied, the
city shall immediately exercise all remedies permitted by law.
(I) All delinquent discontinued service or illegal dumping fees shall bear interest from the date of
delinquency at the rate of eighteen per cent(18%)per annum.
(m)Eachdiscontinued service or illegal dumping fee charged pursuant to this Code for collection by the
city is hereby made a lien on the premises benefited by the services of the city. Notice of lien shall be
mailed by certified mail to the property benefited.The lien on the premises benefited shall be certified
to and filed with the clerk of the circuit court of Dade County, Florida,in the manner provided for liens
generally. The lien for said services with interest and penalties allowed by law shall be collected as
other municipal taxes are collected and enforced and may be foreclosed in the manner provided by
law.
Sec. 11-80-Enforcement and administrative fees.
(a) The director of public works, or designee, shall have the authority to initiate enforcement
proceedings,against any person,franchisee,licensee,firm,corporation or other legal entity who has
not strictly complied with the provisions of this chapter.
(1) If a violation of this chapter is determined,the city shall issue a notice of violation to the violator, as
provided in this Code.The notice shall inform the violator of the nature of the violation,the amount of
fine for which the violator may be liable,instructions and due date for paying the fine,notice that the
violation may be appealed by requesting an administrative hearing within ten days after service of
the notice of violation, and that failure to do so shall constitute an admission of the violation and
waiver of the right to a hearing.
(2) A dumpster or roll-off/container from a non-franchisee or non-licensee shall be subiect to seizure and
impoundment.Written notice of the city's intent to seize the roll-off/container shall be posted to the
roll-off/container which is subject to seizure and impoundment. The city shall not seize any roll-
off/container within ten(10)days from the posting of the written notice. In addition to posting notice,
the city shall also provide written notice of such seizure and impoundment to all persons, firms,
Page 22
corporations, or other legal entities, whom the city knows, or with reasonable investigation should
know, to have a legal interest in the subject roll-off/container by certified mail, return receipt
requested,within 24 hours of posting notice.The written notice shall include the following:
a. The name of the city department or division issuing such notice.
b. The date upon which the notice was issued.
c. The date that the notice was posted to the roll-off/container.
d. The section number of the City Code or ordinance that has been violated.
e. Notice that the department will seize and impound the roll-off/container in the event that the roll-
off/container is not removed from the premises within ten (10)days from the date of the posting of
the written notice.
f. Notice of the right to request a preliminary hearing, pursuant to this chapter to contest the seizure
and impoundment of the roll-off/container.
q. Notice of the right to request a preliminary hearing, to contest the seizure and impoundment of the
roll-off/container and immediately retrieve the roll-off/container from the department upon the posting
with the department a cash bond in the amount of$500.00,plus costs incurred by the department.
h. Notice of the right to waive the preliminary hearing and immediately retrieve the roll-off/container
from the city upon the payment of a$500.00 administrative penalty,plus costs incurred by the city.
i. Notice that the failure to request a preliminary hearing within ten (10) days after the notice was
mailed shall constitute a waiver of the right to a preliminary hearing pursuant to this chapter
A roll-off/container that has been seized and impounded, which has not been returned to the owner or
interested party by virtue of a preliminary hearing, final hearing, appeal, or payment of an
administrative penalty,shall become the property of the city.
(3) The city shall immediately seize and impound a roll-off/container in the event the department
determines that said roll-off/container constitutes a public nuisance and poses a health and safety
concern.Written notice of the city's action shall be posted at the site where the roll-off/container was
located. In addition to posting notice,the department shall also provide written notice of such seizure
and impoundment to all persons, firms, corporations, or other legal entities, whom the department
knows, or with reasonable investigation should know, to have a legal interest in the subject roll-
off/container by certified mail,return receipt requested,within 24 hours of posting notice.The written
notice shall include the following:
a. The name of the city department or division issuing such notice.
b. The date upon which the notice was issued.
c. The date that the notice was posted at the location where the roll-off/container was found.
d. The section number of the City Code or ordinance that has been violated.
e. Notice of the right to request a hearing, pursuant to this chapter to contest the seizure and
impoundment of the roll-off/container.
f. Notice of the right to request a hearing, pursuant to this chapter, to contest the seizure and
impoundment of the roll-off/container and immediately retrieve the roll-off/container from the
department upon the posting with the department a cash bond in the amount of$500.00, plus costs
incurred by the city.
q. Notice of the right to waive the hearing and immediately retrieve the roll-off/container from the city
upon the payment of a$500.00 fine,plus costs incurred by the department.
h. Notice that the failure to request a hearing within ten (10) days after the notice was mailed shall
constitute a waiver of the right to a preliminary hearing pursuant to this chapter.
Page 23
I. A roll-off container that has been seized and impounded,which has not been returned to the owner
or interested party by virtue of a preliminary hearing, final hearing, appeal, or payment of an
administrative penalty,shall become the property of the city.
(cede 1955,§12-56)
ARTICLE III-A.-WASTE COMPACTING SERVICES
Sec.11-79.1.-Short title.
This article shall be known as the "City of Opa-locka Waste Compacting Services Franchise
Ordinance."
(Ord No 01-16 §2 11-14-01)
Sec.11-79.2.-Legislative intent.
It is the purpose and intent of this article to provide, at the discretion of the City Manager, by
franchise or agreement, for private companies to provide waste compacting services for all garbage,
trash, rubbish and industrial waste generated by commercial establishments, manufacturing plants and
non-residential producers, as may be designated by the city within the City of Opa-locka, Florida. With
City Commission approval, the City Manager shall have the ability to include the reference
commercialsolid waste service as an additional scope of service to the commercial solid waste franchise
agreement.
,Ord No 01-16 §3, 11-14-01)
Sec.11-79.3.-Definitions
(a) Waste shall be defined.The term"waste"as used herein and is defined to be 11-1 of this Code.
(b) Compacting services := -_=. •- - •• ".: :.:'-: -- • - "shall mean all equipment, processes
or methods by which waste is reduced in size or volume for disposal, including any packaging
thereof, and includes, without limitation, rental fees, maintenance fees, set-up fees or any other
charges associated with such services.
(Ord No 01-16.. §4, 11-14-01)
Sec.11-79.4.-Franchise required;relative rights of franchisee and city.
I (a) The city may issue a te--franchisees a license to engage in waste compacting services for
commercial establishments, manufacturing plants and non-residential units within the city, provided
that an applicant for said franchise shall meet the specifications set forth in this article as a condition
for the issuance of said franchise, and such other specifications and requirements as the city
commission may,from time to time,promulgate.The city retains all of the powers of a municipality of
the State of Florida, for the exercise of its police power governing the health and welfare of its
citizens for the purpose of reviewing the services rendered to the commercial establishments,
manufacturing plants, and nonresidential accounts and may limit the number of franchises to be
granted (and the city manager, may, when necessary, chose which franchisee shall receive a
license), the setting of franchise rates, annual registration fees, methods employed for providing
compacting services, and the imposition of penalties for failure to render service to particular
commercial accounts or the violation of the provisions of this Code.
(b) 6iseflsed-fFranchisees for compacting services shall not engage in waste collection from commercial
establishments, manufacturing plants and nonresidential units within the city or service these
establishments,plants or units in collecting garbage,waste and trash unless the franchisee has been
awarded by franchise or agreement with the city the right to perform such services-diaderartisle-III.
Page 24
(c) Franchiseejs)shall be required to pay the city an annual registration fee of one thousand dollars
($1,000.00).No person or entity may engage in compacting services until said registration fee is paid
and all other required documentation is completed and approved. A compact franchise
agreementlisense shall be for a period of one year, subject to the early termination provisions of
subsection(e)below.
(d) The franchise fee for compacting services shall be twenty-eights* (286) per cent of the gross
monthly billings of a franchisee for compacting services performed within the city.The franchise fee
rate shall be subject to review once a year on the anniversary of the passage of this article.
Franchisees may petition the city commission at any time for a change in the franchise fee rate for all
franchisees under this article.
(e) The city commission may grant an exclusive franchise in the discretion of the city commission as part
of a commercial solid waste sellection-franchise ec-agreement pursuant to article III. If an exclusive
franchise is granted under this article, all contracts which prior franchisees have entered with
customers after November 14, 2001, (the date on which this article was proposed)and prior to the
grant of the exclusive franchise shall be deemed terminated ninety(90)days after the city has signed
a contract with the exclusive franchisee or the date provided in the contract, whichever is earlier.
Following said period, only the exclusive franchisee may provide waste compacting services within
the city and all other franchise licenses under this article will be deemed terminated.
(f) A franchisee shall not be authorized to assign its license or subcontract any portion thereof without
the specific written consent of the city. -- - - - - -- - - - - - • • •-
(g) The city manager shall work with the successful franchisees to implement the terms of the franchise
so that questions of use of public streets, problems or access to customers for service which might
arise from time to time, complaints, if any, and other questions can be justly and expeditiously
resolved. The city shall provide means of egress and ingress to points for the equipment of the
franchisees and require the cooperation of its citizenry and commercial establishments in
implementing the services provided by this article.
(Ord No. 01-17.. §2. 11-28-01)
Sec.11-79.5.-Effect on existing contracts and licenses.
ProvidedAall persons performing compacting services as of the effective date of this article shall be
required to pay a registration fee and submit all other required documentation to become a franchisee
under this article.Franchisees shall be required to pay franchise fees on existing contracts for compacting
services rendered after the effective date of this article.All renewals or extensions of existing contracts or
any new contracts shall be govemed by the provisions of this article.
(Ord No 01-17 §2. 11-28-01)
Sec.11-79.6.-Applications and forms.
The public works department shall prepare all forms for applications and permits, review and
approve applications for licenses for compacting services, prepare the rules and procedures concerning
compacting services operations, as well as the procedures for collection and reporting of all franchise
fees due under this Article. It shall be the obligation of the private contractor or franchisee to have all
forms accurately completed and submit same to the public works department for its review and approval,
and transmittal to the city manager.
Ord No ,1 §2. 11-28-011
Sec.11-79.7.-Service standards;noncompliance;grounds for revocation;penalty assessment.
(a) All work relative to the compacting services contemplated in this article shall be performed as
scheduled in a workmanlike manner. Upon completing any compacting services for a customer,the
Page 25
licensee shall properly replace all dumpsters and containers and leave the premises so serviced in a
litter-free and sanitary condition.
(b) If the director of the public works department shall determine that a licensee has failed to comply
with the provisions of this Article or the rules and regulations established and authorized, he shall so
notify the offending licensee, in writing, by certified mail, and demand that such licensee cause the
violation to be remedied within five (5) days. If the violation is not remedied within the prescribed
time, the director of the public works department shall certify such noncompliance to the city
manager, who shall thereupon, proceed according to chapter 13, article II of this Code, revoke the
license of said licensee.(Code 1955,§12-46).
(c) Any business contracting service from an unlicensed entity shall be subject to daily fine in the
amount of five hundred dollars($500.00).
(Ord No 01-17 §2. 11-28-01)
ARTICLE III-B.-RECYCLED MATERIALS
Sec.11-79.9.-Short title.
This article shall be known as the"City of Opa-locka Recycled Materials License Ordinance."
(Ord No 01-18 §2 11-28-01)
Sec.11-79.10.-Legislative intent.
It is the purpose and intent of this article to provide for the registration and regulation of private
companies for the hauling and disposal of recovered materials for all commercial establishments,
manufacturing plants and non-residential producers, as may be designated by the city within the City of
Opa-locka,Florida.
(Ord No 01-18 §3 11-28-01)
Sec.11-79.11.-Definitions.
(a) Waste: The term "waste" as used herein is defined to be garbage, rubbish, trash and industrial
wastes as these terms are defined by section 11-1 of this Code.
(b) Recovered materials:The term "recovered materials" means metal, paper, glass, plastic, textile or
rubber materials that have known recycling potential, can be feasibly recycled, and have been
diverted and source separated or have been removed from the solid waste stream for sale, use or
reuse as raw materials, whether or not the materials require subsequent processing or separation
from each other, but does not include materials destined for disposal. Recovered materials as
described above are not solid waste.
(c) Source separated:The term"source separated"means the recovered materials separated from solid
waste where the recovered materials and solid waste are generated.The term does not require that
various types of recovered materials be separated from each other and recognizes de minimis solid
waste may be included in the recovered materials. Materials are not considered source separated
when two or more types of recovered materials are deposited in combination with each other in a
commercial collection container located where the materials are generated and such materials
contain more than ten percent(10%)solid waste by volume or weight.For purposes of this definition,
the term "various types of recovered materials" means metals, paper, glass, plastic, textiles and
rubber.
Ord A 5 4 11-28-01 i
Sec.11-79.12.-License required;relative rights of licensee and city.
Page 26
(a) The city may issue a license to engage in hauling and disposal of recovered materials for
commercial establishments, manufacturing plants and nonresidential producers designated by the
city within the city,provided that an applicant for said license shall meet the specifications set forth in
this article as a condition for the issuance of said license, and such other specifications and
requirements as the city commission may, from time to time, promulgate. All licensees shall be
permitted to provide compactors and/or roll-off containers to engage in the hauling and disposal of
recovered materials under this article.The city retains all of the powers of a municipality of the State
of Florida,for the exercise of its police power governing the health and welfare of its citizens for the
purpose of reviewing the services rendered to the commercial establishments,manufacturing plants,
and nonresidential accounts annual registration fees, methods employed for providing
collection/hauling services, and the imposition of penalties for failure to render service to particular
commercial accounts or the violation of the provisions of this Code.
(b) Licensees for recovered materials shall not engage in waste collection from commercial
establishments, manufacturing plants and nonresidential units within the city or service these
establishments, plants or units in collecting garbage,waste and trash unless the licensee has been
awarded by franchise or agreement with the city the right to perform such services under article III,or
if applicable,under article III-A as limited to compacting services.
(c) Licensees shall be required to pay the city an annual registration fee of one thousand dollars
($1,000.00). No person or entity may engage in hauling and disposal of recovered materials until
said licensee fee is paid and all other required documentation is completed and approved.A license
shall be for a period of one year.
(d) A licensee shall not be authorized to assign its license or subcontract any portion thereof without the
specific written consent of the city.
(e) The city manager shall work with the successful licensees to implement the terms of the license so
that questions of use of public streets,problems or access to customers for service which might arise
from time to time, complaints, if any, and other questions can be justly and expeditiously resolved.
The city shall provide means of egress and ingress to points for the equipment of the licensees and
require the cooperation of its citizenry and commercial establishments in implementing the services
provided by this article.
(Ord. No.01-18,§5, 11-28-01)
Sec.11-79.13.-Required state licensing.
As an ongoing condition of becoming a licensee under this article and thereafter performing services
under this article within the city, all licensees shall be a recovered materials dealer certified by the
department of environment protection pursuant to the provisions of Rule 62-722, Florida Administrative
Code. Licensees shall be required to submit a copy of its certification pursuant to Section 403.704-
6(3)(6),Florida Statutes,at the time of paying the fee.
(Ord. No.01-18,§6, 11-28-01)
Sec.11-79.14.-Effect on existing contracts and licenses.
The city recognizes all existing contracts in existence on the date which this article became effective,
provided that all persons hauling and disposing of recovered materials as of the effective date to this
article shall be required to pay the license fee and submit all other required documentation to become a
licensee under this article.
(Ord. No.01-18,§7. 11-28-01)
Sec.11-79.15.-Applications and forms.
The public works department shall prepare all forms for applications and permits, review and
approve applications for licenses for recycling services, prepare the rules and procedures concerning
compacting services operations,as well as the procedures for registration under this article. It shall be the
Page 27
obligation of the private contractor to have all forms accurately completed and submit same to the public
works department for its review and approval,and transmittal to the city manager.
(Ord No 01-18 §8 11-28-01)
Sec.11-79.16.-Service standards;noncompliance;grounds for revocation;penalty assessment.
(a) All work relative to the services contemplated in this article shall be performed as scheduled in a
workmanlike manner. Upon completing any services for a customer, the licensee shall properly
replace all dumpsters and containers and leave the premises so serviced in a litter-free and sanitary
condition.
(b) If the director of the public works department shall determine that a licensee has failed to comply
with the provisions of this article or the rules and regulations established and authorized, he shall so
notify the offending licensee, in writing, by certified mail, and demand that such licensee cause the
violation to be remedied within five (5) days. If the violation is not remedied within the prescribed
time, the director of the public works department shall certify such non-compliance to the city
manager, who shall thereupon, proceed according to chapter 13, article II of this Code, revoke the
license of said licensee.(Code 1955,§12-46).
(c) Any business contracting service from an unlicensed recycled materials company shall be subject to
a daily fine in the amount of five hundred dollars($500.00).
(Ord No 01-18 §9 11-28-011
ARTICLE IV.-DUMPSTER ENCLOSURES
Sec.11-80.-Short title.
This article shall be known and may be cited as the "Dumpster Enclosure Ordinance of the City of
Opa-locka,Florida."
(Ord No 01-7 § 1 5-23-01
Sec.11-81.-Purpose.
The purpose of this article is to provide a uniform system of requirements for utilization of dumpsters
in commercial industrial and business districts within the City of Opa-locka,Florida,thereby enhancing the
aesthetics of the city and protecting its citizenry from potential health hazards.
Ord No 01-7 §2 5-23-01,
Sec.11-82.-Dumpster enclosure required.
(a) Dumpsters shall be maintained in an enclosure with the service and access gate(s) closed except
when being serviced by a collector or when being used to access the dumpster.
(b) Dumpster lids shall be kept closed at all times when the dumpster is not being used or serviced.
(c) Garbage and trash shall be placed inside the dumpster and not on or around the dumpster or the
enclosure. Loose garbage and trash in plain view is a violation of code, a health hazard, and
aesthetically undesirable. The property owner shall be responsible for keeping the enclosure and
surrounding area litter-, garbage- and trash-free at all times. It shall be a violation of the Code of
Ordinances to allow the dumpster to be filled to over capacity so that the dumpster lid is prevented
from closing on top of the garbage bags.
(d) Dumpster enclosure shall be kept in good repair at all times.
(e) Location on site of a dumpster enclosure shall require the prior approval of the public works director
and the building officials.
Page 28
Sec.11-83.-Dumpster enclosure specifications,materials,location.
(a) Placement.A dumpster shall be kept in a place easily accessible to authorized collection vehicles at
all times and no service shall be given to those placing or permitting objects, ground level or
overhead obstructions,or vehicles,to hinder in any way whatsoever the servicing of bulk containers
purposes of collection only,all dumpsters shall be placed within an approved enclosure.
It shall be unlawful for any person to place or store,or allow to be placed or stored,a dumpster upon
or in any public street, alley or right-of-way provided, however,that such container or receptacle may be
placed in the public right-of-way during the collection/emptying process.
(b) Dumpster space designation and enclosure requirement.All real property in a commercial,industrial
or business zoning classification utilizing dumpsters shall provide an enclosure of a size that would
permit the moving in or out of the dumpster without damage to the enclosure and shall be a minimum
of twelve(12)inches above the dumpster.
(c) Approved enclosure.All enclosures shall consist of walls;fencing shall be of wood,plastic lumber or
chain-link. Wood or plastic lumber shall be a minimum of one and one-half (11/2) inches thick.
Enclosures shall have a gate for collection equipment access, and may also have a gate for
pedestrian access.All gates shall be totally opaque and the enclosures shall be constructed of one
of the following materials:
(1) Masonry walls.All exterior faces of the wall shall be finished and of professional quality such as
stucco, prefinish blocks, stacked block and struck joints, shadow blocks, painted or similarly
installed in a workmanlike manner and meeting with the approval of the building, planning and
zoning department.
(2) Concrete walls. Pre-case concrete walls of quality deemed acceptable to the building, planning
and department.
(3) Wood fencing. Substantial wood fencing or durable species incorporated architectural design
features to enhance appearance, of quality and design acceptable to the director of building,
planning and zoning or his/her designee. In making this determination, consideration shall be
given to:
a. The thickness of the wood,which must be a minimum of one and one-half(11/2)inches;
b. Whether the wood is pressure treated or has a finish that protects the wood from the
elements;and
c. Minimum six(6)inches by six(6)inches corner post and four(4)inches by four(4)inches
intermediate posts of pressure treated materials.
(d) Maintenance. Approved enclosure[s] shall be maintained in good condition, repair and appearance
at all times so as to allow for collection of materials and to eliminate odors.
(e) Gates. Dumpster enclosure gates shall be constructed of a metal frame with wood or metal slats or
other facing materials. Servicing gates, upon opening, may not swing into the right-of-way and shall
incorporate gate stops that are functional in the full open and closed positions. Hinge assemblies
shall be strong and durable such that access and servicing gates shall be no more than forty-eight
(48) inches in width and no less than thirty-six(36)inches in width. Enclosure gates shall be closed
at all times except for the time necessary to service the bulk container.Maze-style openings shall be
permitted in place of a pedestrian access gate.A maze-style opening is an opaque wall or fence that
can be located no more than forty-eight(48) inches and no less than thirty-six(36) inches from the
enclosure opening and must be a minimum length of one and one-half(11/2)times in length of the
opening and shall be centered upon the opening. Enclosure openings shall be no more than forty-
eight(48)inches in width and no less than thirty-six(36)inches in width.
(f) Setback.
Page 29
(1) All dumpster enclosure walls and/or fences shall be located a minimum of five (5) feet from
adjoining commercial areas and ten (10) feet from adjoining residential uses unless not
physically possible;and
(2) A minimum of five(5)feet from public and private rights-of-way unless not physically possible.
(g) Garbage containers.All receptacles and bulk containers which receive garbage, liquid waste or food
from food-handling operations including, but not limited to, bakeries, meat-processing plants,
restaurants,or any business establishment where it is determined that garbage, liquid waste of food
will be accumulated,shall have a poured to grade level concrete slab. If available,the dumpster site
shall have facilities for washing containers and ability to drain to an acceptable sanitary disposal
system. If the aforementioned facilities are available, or can be reasonably installed, then the
dumpster shall have wash-out plugs. For purposes of this article, storm drains shall not be
considered as an acceptable sanitary disposal system.
If no suitable drain, grease trap or sanitary disposal system is available, the dumpster containers
shall be sealed so that no liquid gets on the pad or ground. Dumpster collection shall be frequent enough
so as to keep odors to a minimum. Odors shall also be kept at a minimum through artificial means such
as masking agents or whatever products are available to handle odors.Containers shall be constructed in
accordance with the provisions of the South Florida Building Code and must be approved by and meet
the Florida Department of Health requirements.
(h) All dumpsters and trash receptacles must comply with this article except for the following:
(1) Dumpster/receptacles located in properly screened service yards. (Those screened from public
ways with a minimum six-foot-high fence and/or suitable dense landscaping, as approved by
one building department).The dumpsters/receptacles must not be visible from the public's view.
(2) Dumpsters/receptacles located at permitted construction sites.
(3) Dumpsters/receptacles properly screened with suitable dense landscaping or not visible from
the public right-of-way,residential areas or the public's view.
(i) Residential trash, trash and garbage receptacles may not be placed for curbside pickup more than
twenty-four(24) hours before pickup and all receptacles must be removed from the curbside within
twenty-four(24)hours after pickup.
(Ord. No.01-7,§4, 5-23-01)
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ARTICLEV—COMMERCIAL SOLID WASTE COLLECTION AND ADMINISTRATIVE FEES
Sec.11-90.-Short title.
This article shall be known as the "City of Opa-locka Commercial Solid Waste Collection And
Administrative Fee Ordinance."
Sec.11-90.1.-Legislative intent.
It is the purpose and intent of this article to provide for the regulation and enforcement of commercial
solid waste collection,as may be designated by the city within the City of Opa-locka,Florida.
11-93
(a) Civil penalties assessed pursuant to this article are due and payable to the city on the last day of the
period allowed for the filing of a hearing, or if proper appeal is made, when the appeal has been
finally decided adversely to the named violator. The amount of such penalty assessed shall
constitute and is hereby imposed as a lien against the subject property with equal rank and dignity of
any other special assessment liens. Penalties for violations of the provisions of this article shall be
assessed in accordance with the minimum administrative fee schedule as set forth below:
(b) If the owner, agent, or occupant of any property within the city shall fail to comply with any
determination of the city manager, or his designee, the director shall cause such work to be done
and shall keep an accurate accounting of the costs thereof, whereupon the amount of such costs
and the interest thereon shall constitute and is hereby imposed as a lien against the subiect property
with equal rank and dignity of any other special assessment liens. An aggrieved party may appeal
both the fees and costs imposed under this section to a court of competent jurisdiction in accordance
with the Florida Rules of Appellate Procedure.
(c) Failure by an occupant of any commercial property other than multifamily residential property to
comply with the regulations set forth in this chapter shall cause the city to revoke the certificate of
use and local business tax receipt for said business.
(d) In addition to any other remedies provided by this chapter or any other city ordinance, the director
and the director of the department of public works shall have judicial remedies available to them for
violations of this chapter or any other lawful rule or regulation promulgated hereunder as enumerated
below but not limited to:
(1) They may institute a civil action in a court of competent iurisdiction to establish liability and to
recover damage for any costs incurred by the city in coniunction with the abatement of any
condition prohibited by the provisions of this chapter.
(2) They may institute a civil action in a court of competent iurisdiction to seek injunctive relief to
enforce compliance with the terms of this chapter or any rule or regulation promulgated
hereunder, to enjoin and prohibit said violation or to compel the performance of actions which
will result in compliance with the terms of this chapter.
(e) These remedies are cumulative and the use of any appropriate remedy shall not constitute an
election of remedies by the departments. The use of one remedy shall not preclude the use of any
others.
(f) All violations of this chapter may be brought before the code enforcement board or may be
prosecuted in the county court.
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Sec.22-94. Hearings.
(a) The owner, or authorized representative, of a roll-off/container that has been seized and impounded
pursuant to subsections 22-93(a)(2)or 22-93(a)(3)of this chapter, may file a written request with the
department of hearing boards for a preliminary hearing within ten days from the date the
department's notice is mailed.
(1) The hearing shall be scheduled before a special master of the city within ten days of receipt of
the written request,excluding Saturdays,Sundays,and legal holidays.
(2) At the hearing, the city shall have the burden to show that probable cause existed to believe
that the roll-off/container constituted a public nuisance under chapter 22 of the City Code and
was subject to seizure and impoundment pursuant to subsection 22-93(a)(2). If the roll-
off/container was immediately seized and impounded pursuant to subsection 22-93(a)(3), the
city shall have the burden of showing that probable cause existed to believe that the roll-
off/container constituted a public nuisance under chapter 22 of the City Code and posed a
health and safety concern.
(3) The formal rules of evidence shall not apply at the hearing and hearsay and circumstantial
evidence is admissible.
(4) If, after the hearing, the special master determines that the city has met its burden, as set forth
by subsection (a)(2), the special master shall order the continued impoundment of the roll-
off/container, if applicable, and set the date for a final hearing. The owner, or authorized
representative, may immediately retrieve the roll-off/container from the department upon the
posting of a cash bond with the department in the amount of$500.00 without impairing the right
to a final hearing.
(5) If, after the hearing, the special master determines that probable cause did not exist, the roll-
off/container shall be released forthwith to the owner, or authorized representative, without the
imposition of the administrative civil penalty. If the owner, or authorized representative, has
already posted a bond for the immediate release of the roll-off/container, the bond shall be
refunded to the owner or authorized representative.
(b) The final hearing shall be scheduled and held, unless continued by order of the special master, no
later than 30 days after the date that the roll-off/container was seized and impounded. At the final
hearing, the city shall have the burden of showing by clear and convincing evidence that the roll-
off/container constituted a public nuisance under chapter 22 of the City Code. If the roll-off/container
was seized and impounded pursuant to subsection 22-93(a)(3),then the city must also show by clear
and convincing evidence that the roll-off/container posed a health and safety concern. If, after the
hearing, a finding is made that the roll-off/container was properly impounded and seized, then the
special master shall enter an order finding the owner of the roll-off/container civilly liable to the city
for an administrative civil penalty of up to $500.00, as outlined in subsections 22-93(a)(2)h. or 22-
93(a)(3)q.,plus costs incurred by the department. If, after the hearing,a finding is made that the city
did not meet its burden of proof as set forth in this subsection,the roll-off/container shall be returned
to the owner along with any cash bond posted.
Sec.22-95.Appeal.
The city or the owner of the roll-off/container that has been the subject of a seizure and
impoundment pursuant to subsections 22-93(a)(2)or 22-93(a)(3)may,after a hearing pursuant to section
22-94, appeal the final ruling and decisions of the special master to the appellate division of the circuit
court of the Eleventh Judicial Circuit of Miami-Dade County, Florida,within 30 days of the date of the final
order being appealed. The city may charge the appellant a reasonable fee for preparation of the record
for purposes of making the appeal.
Secs.22-96-22-112. Reserved.
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