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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City Commission has conducted a comprehensive study of the City's Garbage and Trash Ordinance and found that it was outdated and required amendment to best serve the public health interests of the City of Opa-locka; and.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. Page 2 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. Page 3 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. Page 4 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 Page 5 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. Page 6 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 Page 7 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. Page 8 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. Page 9 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 Ti 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. Page 10 Ordinance No. 15-16 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) Page 30 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. Page 31 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. Page 32