HomeMy WebLinkAboutO-1988-008 i
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1 ORDINANCE NO. 08-88
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� AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING SECTIONS 13-68 THROUGH 13-71 OF
ARTICLE IV OF CHAPTER 13 OF THE 1980 CODE
OF ORDINANCES OF THE CITY OF DANIA TO PROVIDE
FOR CHARGES FOR PICK-UPS OF GARBAGE AND TRASH
AT RESIDENTIAL AND COMMERCIAL SITES ; AND
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
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DANIA, FLORIDA:
Section 1. That Sections 13-68 through 13-71 of Article
IV of Chapter 13 of the 1980 Code of Ordinances of the City
of Dania, Florida, be and the same is amended to read as
follows:
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Section 13-68. Definitions
For the purpose of this article, certain words and
phrases are defined as follows:
Garbage,_ as used herein shall mean and refer primarily
to food wastes consisting principally of animal and vegetable
matter, subject to food wastes consisting principally of
animal and vegetable matter, subject to decay, and sacks ,
cans, bottles or tins used for the purpose of storing or con-
taining foods, meats and vegetables.
Trash for regular pick up, as used herein, shall mean
and refer to cartons, newspapers, magazines, grass cuttings ,
tree branches and shubbery trimmings.
Trash excluded from regular pick up, as used herein,
shall mean and refer to tree trunks, tree branches which are
more than three (3 ) feet in length, refrigerators, freezers ,
dishwashers, ovens, stoves, hot water heaters, and other
major appliances, furniture, furnishings , building materials,
tires, batteries, products that are not organic in nature,
and articles that are not the natural products of a yard,
tree or shubbery.
Residential Site, as used herein shall mean the lot
or parcel of land on which is constructed a single family
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Ordinance No 08-88
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Multi-residential Family Buildings, as used herein to
be as any structure or combination of structures situated on
adjacent or contiguous land and designed to be occupied, in
whole or in part, as the residence or living quarters of more
than one but less than five ( 5) families at the same time .
Multi-residential Unit, as used herein to be as that
part of a multi-family residential building designed to be
occupied, in whole, or in part, as the residence or living
quarters of not more than one family at the same time. Such
residential units shall not include mobile homes which are
located within a duly licensed mobile home park and shall
not include a residence that adjoins or is a part of a
building from which a duly licensed business is conducted or
operated . Multifamily residential buildings which are a part
of a cooperative apartment , townhouse, condominium or similar
development with a combined total of five ( 5 ) or more
residential units shall not be included in the definition of
a multi- family residential unit or building .
Business Site, as used herein, shall mean the
location of any business in the City where the occupant of
the premises holds a valid occupational license from the
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City.
Containerized Service, as used herein, shall mean
service by a detachable container designed or intended to be
mechanically dumped into a packer type truck in excess of 80
gallon capacity.
Pick- 92 Point, as used herein, shall mean a
particular location on a lot or parcel of land which is
designated by the City Manager after conferring with the
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contractor collecting such garbage or trash for the pick-
up of garbage or trash which unless otherwise designated
shall be a location within one (1 ) foot of the lot line
adjoining public right of way.
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Section 13-69. Service provided Py City; Charges.
a) For each residential and multi-residential unit as
defined in Section 13-68 of this Chapter, the city shall pick
up garbage contained in 32 gallon garbage cans or plastic
bags twice a week for a charge of nine dollars ($9. 00 ) per
month per unit. However, multi-residential buildings
containing no more than four (4 ) units shall have the option
of city pick-up for a charge of nine dollars ($9. 00 ) per unit
per month or contracting with a private Sanitation company
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for containerized service .
b) Multi-residential buildings containing more than
four (4 ) units, must use containerized service provided by a
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private sanitation company.
c) For each business site, the city shall pick up
garbage contained in two (2 ) thirty two 32 gallon garbage
cans or plastic bags twice a week for a charge of twelve
dollars and fifty cents ($12. 50 ) per month per unit .
d) Business sites containing more than four (4 ) units
must use containerized service provided by a private
sanitation company.
e) Fees for the collection and disposal of garbage
shall be indicated on the utility statement or in a manner
. . as the City Manager may direct each month or bimonthly as the
City Manager may determine .
f ) All bills for sanitation service shall be subject
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to a penalty if delinquent for a period of 30 days after the
initial rendition of a bill by the city for sanitation ser-
vice rendered during the previous period. The amount of the
penalty shall be ten ( 10 ) percent of the amount of the
delinquent account for each billing period or portion of
billing thereof that the account is delinquent .
g ) For the collection of "trash for regular pick
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up" as defined in Section 13-68 of this Chapter, City shall
pick up one time per month. Trash must not be put out for
pick up prior to two (2 ) week-ends before scheduled pick up
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in designated areas. The maximum amount of trash the City
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i will pick up is four (4 ) cubic yards. Trash exceeding the
maximum will require special pick up as provided for in
Section 13-69 (h) & ( i ) .
h) Special trash pick ups are available for resident
owners or occupants that do not wish to wait for a regular
pick up in their area . Charges for special pick ups are
based on $15.00 per cubic yard of trash, minimum charge being
$25. 00. Charges must be paid prior to pick up.
i ) Special trash pick up for "trash not included in
regular pick up" as defined in section 13-68 is available by
the city under the terms and conditions stated below:
1. Trash for special pick up must be kept separate
from "trash for regular pick up" . If this stipulation is
violated, the city will notify owner or occupant of the
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necessity of a special pick up and the charge based on the
combined volume of trash. Charge must be paid by owner prior
to pick-up.
2. Trash must be legally disposed of within
15 calendar days after being discarded. If not disposed of
within stated time, city will remove trash and assess a
charge equal to double the amount of the special pick up.
This charge will be added to the utility bill.
3. Charge for special pick ups is based on $15. 00
per cubic yard of trash, minimum charge being $25. 00.
Charges must be paid prior to pick up.
4. Special trash pick up is not available to
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licensed building contractors.
j ) The scheduling of regular trash pick ups as well
as special pick ups will be determined by the Public Works
Director.
k ) The city shall provide two (2 ) free annual city
wide trash clean ups with dumpsters to be provided in
designated areas throughout the city.
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1) Illegal dumping of trash throughout the city
shall result in a fine up to $500. 00 and/or six (6 ) months in II
jail . J
m) All fees described herein may be increased or de-
creased from time to time as determined by the City
Commission.
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n) The fees prescribed herein are payable, regardless
of occupancy.
o) Whenever there exists exceptional conditions of
occupancy and use of premises, the City Manager is hereby
authorized to charge proper fees and prices for collection
and disposal, predicated upon the cost therefor.
p) The amount of the collection fee imposed in this
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article for the collection and disposal of garbage and trash
is hereby declared to be a debt due to the city, and any
person required under the terms of this article to have an
accumulation of garbage and trash removed and disposed of
at any time shall be liable to the city for amount of the
collection fee due therefor and such fee shall be re-
coverable in any court of competent jurisdiction. In the
case of garbage and trash, the cost of collection and the
amount of collection fee shall constitute a lien against
the premises to the same extent and character as the lien
for special assessments and with the same penalties and with
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the same rights of collection, foreclosure, sale, or
forfeiture as obtained by special assessment liens and may be
enforced in the same manner by the city.
Section 13-70 - Containerized Service.
For those multiple residential units or commercial
units using containerized service, the owner or occupant
shall contract with a private contractor for the use of
private disposal systems using containers having a capacity
of eighty gallons or larger, or otherwise legally
dispose of garbage or trash by means of other than city pro-
vided services.
Section 13-71 - Refunds and Adjustments of Garbage and
or Trash Pickup Charges.
That any and all applications or requests for refunds
or adjustments of garbage or trash pick up charges must be
filed with the City Clerk-Auditor no later than 60 days from
and after September 30th of each fiscal year, with such
refunds or adjustments limited to charges made and paid
during the fiscal year. J
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Section 2. That except as herein amended, all other
provisions of said Chapter 13 shall remain in full force and
effect.
Section 3. That all ordinances or parts of ordinances
and all resolutions or parts of resolutions in conflict here-
with are repealed to the extent of such conflict.
Section 4. That this ordinance shall be in force and
take effect immediately upon its passage and adoption.
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PASSED and ADOPTED on First Reading on the 9th
day of February , 1988 .
PASSED and ADOPTED on the Second and Final Reading on
the 23rd day of February , 1988 .
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I MAYOR-COM ISSTONER
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ATTEST:
CITY CLERK -AUDITOR
APPROVED FOR FORM AND CORRECTNESS
By :�lu � ( - -
ANK C. ADLER, CITY ATTORNEY
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ORDINANCE NO. 08-88
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!� NOTICE OF HEARING BE- I
FORE CITY COMMISSION
ITY REGARDING A,FLORIDA,
THE SUN-TATTLER OADOPTION OF RDINANCEPRO USED
NOTICE IS HEREBY GIV-
EN that IM City Cemmis•
Vehicle.
lon o1 IM1e Clly al OMIa.
Established as The Hollywood Sun - January 4, 1935 Veea iiAOFomQo:RY 1'd
HOLLYWOOD, BROWARD COUNTY, FLORIDA IMnatt.e as the metier
mar M heard. III conduct
a Public nearing In IN City
CONV,IIs.ltn of 1M Dania
<Itr Halt, IN West Deal.
Beach Boulevard, Deal,,
Florida It e...ase IN art-
STATE OF FLORIDA acted tin t leading of IN«°-
wH ORDINANCE OF THE I
COUNTY OF BROWARD lack D. Pate 'Dwv OF DANNIN'GF ORI-
Before the undersigned authority personally appeared j OOF'A-01 RTICR UGH IV OF
CHAPTER IS OF THE I0SO i
who on oath says (he/she) Is Advertising Sales Manager CODE OF ORDINANCES
OF THE CITY OF DANIA
TO PROVIDE FOR
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward CHARGES FOR PICKUPS
OF GARBAGE AND
TRASH AT RESIDENTIAL
County, Florida: that the attached copy of advertisement, being a AND COMMERCIAL
SITES; AND PROVIDING
THAT ALL ORDINANCES
Notice of Hearing OR PARTS OF ORDI-
NANCES AND ALL RESO-
LUTIONS OR PARTS OF
City of Dania RESOLUTIONS IN CON-
in the matter of y FLICT REPEALED TO THE EX RE -
UCH CON.
in the 100 W. Dania Beach Blvd. Le�(x FLICT; ANDSPROVIDNG
FOR AN EFFECTIVE
DATE.
was published in said newspaper in the issue of COPIGS of this MOMS"or.
dinance are on file In the
N.g.I 0 West Deal.B..h
February 12e 1988 90.41.10, Dania, Florida,
an° may De InfDeclea er
Affiant further says that the said SUN-TATTLER is a newpaper published at Hollywood in she O l Ilic during "teen.,
said Broward County, Florida.and that the said newspaper has heretofore been continuously Infer
..1 In:ia es real, a..
published in said Broward County. Florida,each week and has been entered as second class Inn and 0. heard w1N
p
,Peal 1. Ina Strait...a.
Anr Person no decide.It
matter at the post office in Hollywood in said County, Florida,for a period of one year next aPPaal any decWon made
ad 2onlne a
j preceding the first publication of the attached copy of advertisement: and affiant further ov Ina Planning Board or air Ctmml%,I.r
- says that he has neither aid nor promised an person, firm or corporation an discount, c ns reseeol It is realier
Y P P Y Pe PD Y or Marred ai this d a ee.
rebate,commission or refund for the purpose of securing this advertisement for publication ' d of theProceedings° "ee0 'e-
P P H P for such croo * ...d
In a said newspaper Io guure that a vMaanm
l�R�J record of Ina Oroceealna,is
. _L made. which retold m-
iw^ Clued. the It "nor, tied
•vl can uDtn which IM
dowel I. Io De made.
Is/ Wuga Mullikin
City Clark
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It S-T Feb. .
Sworn to and subscribed before me '
`n I,<
this �r). day of�.A 1!6_
KNAJ.�. [� . I��LL�Ut L•_
NOTARY PUBLIC
(SEAL)
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