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Home My WebLink AboutO-1980-233 I / r'IjI j ORDINANCE NO. 233 I AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 109 WHICH PROVIDES FOR CHARGES FOR PICKUPS OF GARBAGE AND TRASH AT RESIDENCES AND SMALL BUSINESSES UNDER THE TERMS AND CONDITIONS STATED HEREIN; AND PRO- VIDING FOR AN EXTRA CHARGE FOR PICKUPS OF UN- USUAL TRASH PRODUCTS; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON- FLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THI; CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That Ordinance No. 109 , passed and finally adopted on September 28 , 1976 , which amended Sections 16-14 , 16-15, and 16-16 of the Code of Ordinances of the City of Dania is hereby amended by amending Sections 16-14 through 16-16 thereof, to read as follows : "Section 16-14 . For the purposes of this ordinance, certain words and phrases are defined as follows: (a) "Garbage", as used herein, shall mean and refer primarily 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 containing foods , meats and vegetables . (b) "Trash" , as used herein , shall mean and refer to cartons, newspapers, magazines , grass cuttings , tree branches and shrubbery trimmings . However, the defi- nition shall not include tree trunks and shall not in- clude tree limbs which are more than three feet in length. Further, the definition of "trash" shall not include refrigerators , stoves, hot water heaters , fur- niture, building materials , products that are not or- ganic in nature and articles that are not the natural products of a yard, tree or shrubbery. (c) "Residence" , any detached single family structure designed or intended for occupancy by one person or by one family, any duplex, triplex, townhouse , or other residential structure containing three (3) or less living units. (d) "Small business" , any retail , professional , or whole- sale facility or other commercial enterprise offering goods or services to the public where garbage or trash are deposited in containers not exceeding 32 gallon capacity or weighing, individually , more than 40 pounds . J J i (e) "Containerized service" , shall mean service by a detachable container designed or intended to be mechanic- ally dumped into a packer type truck in excess of 80 gallon capacity. (f) "Pickup point" , as used herein, shall mean a partic- ular location on a lot or parcel of land which is desig- nated by the City Manager after conferring with the of- ficial or contractor collecting such garbage and trash for the pickup of garbage or trash which unless other- wise designated shall be on location within one foot of the lot line adjoining public right-of-way. Section 16-15. GARBAGE AND TRASH CHARGES . (a) For each residential unit the City shall pickup two (2) garbage and trash containers not exceeding 32 gallons capacity or weighing individually more than 40 pounds , twice a week for a charge of $3 .50 per month; for each such container in excess of two picked up one or more times each month the charge shall be $2 .00 per container per month . (b) For each small business the City shall pickup two (2) garbage and trash containers not exceeding 32 gal- lons capacity or weighing individually more than 40 pounds, twice a week for a charge of $5 .00 per month; for each such container in excess of two picked up one or more times each month the charge shall be $2 . 25 per ,o container per month. A! (c) Multiple residential units, and commerical sites requiring collection of five (5) or more containers twice a week, shall use containerized service not fur- nished by the City. (d) For the collection of trash not collectable by the ordinary collection of 32 gallon containers individually not exceeding 40 pounds either because of unusual size or weight or volume, the City shall charge Five Dollars ,y ($5 . 00) per yard of trash, payable to the City prior to the removal of such trash. (e) The fees set herein shall be increased or decreased from time to time in the same proportion as the Consumer Price Index increases or decreases using as a base said Index as of October 1 , 1976 . Said increases or decreases shall not be made more often than once within any six month period. (f) The fact that any place of abode or any place of business has water service shall be prima facie evidence that garbage and trash is being produced and accumulated upon such premises . Fees for the collection and disposal of garbage shall be indicated on the water statements , or in a manner as the City Manager may direct each month, or bimonthly as the City Manager may determine . (g) The fees prescribed herein are payable , regardless of occupancy, subject to the provision that if water ser- vice is discontinued to the premises , no charge for garbage collection shall be made against such property. - 2 - (h) Whenever there exist 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. (i) The amount of the collection fee imposed in this 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 accumulations of garbage and trash re- moved and disposed of by the City shall be liable to the City for the amount of the collection fee due therefor, and such fee shall be recoverable in any court of compe- tent 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 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 16-16 . CONTAINERIZED SERVICE. For those multiple residential units or commercial units using containerized service , the owner or occupant shall contract with a City approved private contractor for the use of private disposal systems using containers of a size of 80 gallon capacity or larger, or otherwise legally dispose of garbage or trash by means of other than City provided services . " Section 2 . That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3 . That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on First Reading on , day of �Inhrh 1980 . PASSED and ADOPTED on Second and Final Reading on the ktl, day of Aprtie , 1980 . 7 ✓%, , . i!: .�`�C err MAYOR-COMMISSIONER ATTEST: ITY CLERK - 'AUDITOR APPROVED FOR ,FORM r/AND CORR�ECTIVENESS By -FRANK C. ADLER, City Attorney, City of Dania , Florida - 3 - a