HomeMy WebLinkAboutO-1991-022 ORDINANCE N0. 22-91
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING
W SECTION THERETO TO PROVIDE FOR
NDIICL CHAPTER
ADDING
ISSUANCE OF A PERMIT TO COLLECT, CONVEY OR
DISPOSE OF GARBAGE ACCUMULATED IN THE CITY OF
DANIA; REQUIRING HAULING PERMITS AND DISPOSAL
PERMITS; 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REPEALED TO THE EXTENT OF SUCH CONFLICT; AND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 OF OCTOBER 1,
1991.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
- ` Section 1 . That Article IV of Chapter 13 of the Code of
l
61 � Ordinances of the Cityof Dania Florida, be and the same is,
hereby amended by adding a new section thereto designated 13-7
and entitled "Garbage collection by City; private haulers, permits
n.�
required" , which shall read as follows:
"Sec. 13-73. Garbage collection by city; private haulers,
permits required.
(a) Generally. All garbage which is produced in the
city shall be collected, conveyed and disposed of by the city
except as hereinafter provided. No person shall collect or
convey over any of the streets or alleys in the city any
garbage produced in the city, without a hauling permit or
disposal permit, as applicable, issued pursuant to this
chapter. The issuance of such hauling permit shall be based
solely on the factors set forth in subsection 13-73(e) and in
the case both of hauling permits and disposal permits on the
inability or refusal of the city to provide service as the
circumstances may require. Renewal of existing hauling
permits shall be based upon compliance with the factors are
set
out in subsections 13-73(e) and 13-73( f) .
Persons whopresently served by the holder of a hauling permit may obtain
a disposal permit notwithstanding the present ability of the
city to serve that account.
(b) Frequency of pickups. Days, hours and frequency of
garbage pickups are in the sole discretion of the city
manager. Restaurants and other establishments
terving have
food
for immediate consumption on or off premises
shallOrdinance No.
22-91
1
collection at least four (4) times per week or as
garbage the city
manager. Other
otherwise authorized by
2 times per week.
nonresidential
collectioncustomers
and
atleastall
two (
residential customers shall
have garbage to
(c) Prior placement. No garbage trash or blacedulk tonsthe
d
a private hauler shall bfour (24 ) hours
be collecte for a period longer
right-of-way
prior to collection. No person,
(d) collection by private contractor. convey
association garbageorporation accumulatedhinithelcity,without
partnership, manager. A
or dispose of any 9 ermit from the city
first having obtained a p upon the criteria set forth
permit shall be issued only
herein. artnership,
required. Any person, P permit to
(e) Permit qu
association or corporation who wisa=bate accumulated in the
collect,
convey or dispose ofanygar the city manager. The
city must first make application
1,000 . 00) or five
application shall include a cashiers check or certified check
500.00) sa applicable under subsection
in the amount of one thousand dollars ($
hundred dollars ($ lication fee of one
13-73(f) (2) below in addition to an app shall submit
dollars ($150 .00) . Each applicantpermit
hundred fifty ualifications for a garbage p
in writing a list of its q
such list shall include the following: rucks rovide
( 1) Evidence of adequatelenumber of t rly service the
service, and backup lied for.
number of customer accounts app
(2) Certification of proper and adequate insurared thousand
nce
coverage of not less than five hund insurance.
dollars ($500,000 .00) public liability
( 3) Evidence of sufficient maintenance ability to meet
the service be used by the r
pe of t number
of trucks and
nt to
equip
operated to provide
(q ) Demonstration that a business office with a toll
free telephone numbe�owilcustoml be er inquiries or
adequate response
complaints . The office address shall be provide .
(5) Agreement that hours of service will be limited to
the hours of 7 :00 a.m. to 7:00 P.m.
(6 ) Agreement that all pickup of food and other
at least
from (4) timeslaestablishments
regardlessshall
the
at least four ( )
size of the container.
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Ordinance No . 22-91
i
(7 ) Agreement that service will not be discontinued
unless written notice is delivered to the address
receiving the service ten (10) days prior
o the
discontinuance of service; with a copy of the
notice being sent at the same time to the city
manager-
(8) Name, address and telephonenumbereof the
e person
tto
be contacted by y w
operation of this section.
(9 ) Names and addresses of the owners of the oipana
making application. If the applicant
corporation, this includes a list of all officers
and directors. if the applicant is a partnership
this includes a list of all partners.
:... ,,, ( 10) The applicant shall provide a list of all felony
convictions within the past ten ( 10) years in
f any state for
or the court o
federal court, anticompetitive,
anticom
violation of antitrust,• p
racketeering or fraudulent practice laws with a
brief description of the circumstances. This
j paragraph also applies to all individuals listed in
subsection 13-73(e) (9) .
' ( 11 ) The applicant shall list any and all cities and
counties from which the applicant or the principals
have involuntarily withdrawn service during the
five-year period immediately preceding the date of
the application. The applicant shall also list any
and all franchises issued to the applicant which
have been suspended or revoked for the five-year
period immediately preceding the date of the
application with a brief description of the reason
for such withdrawal.
(f) Issuance of hauling permit.
( 1 ) In determining whether to issue a hauling permit,
the city manager shall consider the information
provided by the applicant under subsection
13-73(e) . The city manager shall determne, based
on these criteria, whether the applicant
has
sufficient experience, ability, integrity and
expertise to allow the applicant to successfully
operate within the city in accord with all
applicable laws and regulations. In analyzing the
information provided in subsections 13-73(e) ( 10)
and ( 11 ) , the city manager shall consider the
number and seriousness of the specific incidents
listed.
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Ordinance No. 22-91
nd
The minimum fee for a permit shall
beinnadvanceaon
(2) dollars ($1,000.00) per year payable rovided that if
year; P October 1
or before October 1 of carter commencing then such
more is due for the gards collected,
based on the cubic yards Paid. All permits shall
shall if a permit is
greater amount:September 30. However, 6 months,
expire each Sep eriod of less than six ( )
granted for a period
be five hundred dollars
the minimum fee lication fee of one
($500.00) in addition to the 150.00) . A renewal
fifty dollars ($five dollar ($75.00)
hundred seventy- ear. The fee for
application and a seven cents
application fe isTequire,shall be enty-
a hauling permitand of uncompacted containers
per cubic Y per cubic yard of
($0'27 ) P cents ($0 "0) P of Dania
and eighty Such
compacted containers collece in advance. S in
,. by such private haulers payable uarterly
shall be payable °n as of the beginning of
fee 30 day
and the minimum fee due under
this
advance within thirty l against
each quarter sha11 be credited reported to
7 subsection per cubic yard basis as rep
collected on a p the City
the city by the hauler in accordance with section
i 13-73(f115) of the Code of ordinances of
information
Failure to timely provide
this code or
requireda under fee ion 13red(£under this paragraph
to remit the issued hauling
violation of this code punishable as
shall be and cause for revocation of any
pelt section 1-8 of the Code of Ordinances
provided in
Dania, Florida.
of the City
es in customer accounts, whether additions
(3 ) All Chang
shall be reported in writing to the
or deletions, days of such change,
city manager within five (5)
' including giving the name of such customer and the
ermit number of such customer.
disposal p designate
manager is hereby authorized to
(4) The city or facilities named in any
disposal facility waste disposal agreement
a disp or private
interloca intoby the city, and to require holders
entered permits to dispose of waste equivalent
of hauling P Failure by a
and of a similar nature
locationcollFa in the
City of Dania at
private hauling permit holder to dispose of waste
at such location shall be in violation o of f this
unishable as provided in section 1-gloridae
code, p Ordinances of the City of Dania,
Code of
and shall because for revocation of the violator s
hauling p
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Ordinance No. 22-91
,
t
Y
f
(5) It shall be a condition of issuance or renewal of
any hauling permit that the holder of such hauling
permit shall report to the city on a quarterly
basis at or before a date fixed by the city
manager, the bulk tonnage of all materials
originating within the city, conveyed, transported
or disposed of by such private hauler and the
following information about individual customers
served by the hauler within the city:
(a) Location of service.
(b) Number, size and type of containers served.
(c) Frequency and days of week service is provided.
(d) Duration of contract.
(e) Name and address of each account.
This requirement shall also apply to persons
currently holding a hauling permit and it shall be
ai deemed unlawful and a violation of this code to
fail to timely make the report required herein.
(g) Appeal to city commission upon denial of permit;
retention of application fee.
!" ( 1 ) Any person who applied for a permit for garbage
collection and is refused such a permit may appeal
directly to the city commission for a review of the
decision of the city manager. Said appeal shall be
forwarded in writing to the city manager for
placement on the commission agenda.
(2) If a permit application is denied and no appeal is
taken under subsection 13-73(g) ( 1 ) or if the city
commission upholds the city manager' s denial of a
permit, the city manager shall refund the money
submitted under subsection 13-73(e) less the
application fee.
(h) Revocation of permit.
Should any person who holds a permit for garbage
collection violate any of the provisions of the Code of
Ordinances or fail to do a required act of the Code of
Ordinances, and should the city manager determine that a
permittee is operating in a manner harmful to the health,
safety or welfare of the citizens of the city, based upon the
requirements of subsections 13-73 (e) and (f) above, or in
violation of said requirements, he may revoke the permit for
collection of refuse after a hearing.
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Ordinance No. 22-91
Y:
1
( 1) Any revocation shall not be effective sooner than
three ( 3) days from the date of mailing and shall
not be effective if the permittee requests a
hearing within five ( 5) days of said date.
(2) The permittee shall be given at least seven (7 )
days notice of the time, date and place of a
hearing to be held by the city manager or his
designee. The notice shall state the charges or
violations to be heard and shall be held in
accordance with due process of law.
( 3 ) At the conclusion of the hearing, the city manager
may affirm the revocation or specify such
compliance as may be necessary for compliance with
this code or applicable law.
(4 ) The decision of the city manager may be appealed to
T the city commission by the permittee filing a
written request for hearing within ten (10) days of
the decision with the city clerk.
t,
(5 ) Upon hearing, the city commission may affirm,
modify or reverse the decision of the city manager.
Disposal permits.
( 1 ) The owner, tenant, occupant, or agent therefor, of
the premises upon or from which such garbage is
produced who desires to have such garbage
collection, conveyed or disposed of by a hauling
permit holder shall apply to the city manager for a
disposal permit upon forms to be supplied by the
city manager and shall pay an annual fee in the
amount of fifteen dollars ($15.00 ) . Such
application shall specify the nature of the garbage
of which the applicant will dispose. The disposal
permit provided herein shall be non-transferable.
It shall be unlawful for any person to offer
garbage for collection, conveyance or disposal to
any person, company or organization other than the
city unless the owner, tenant or occupant of the
premises upon or from which such garbage is
produced has first obtained the disposal permit
required herein. It shall also be unlawful for any
person, firm or organization other than the city of
Dania to collect, convey or dispose of garbage
produced with the City of Dania unless the owner,
tenant or occupant of the premises upon or from
which such garbage is produced has first obtained
the disposal permit required herein. It shall
further be deemed a violation of this code
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Ordinance No. 22-91
}
i a
4
f a hauling permit to its
subjecting the holder o
such holde valid disposal permit-
does
not holda currently r services a customer who
revocation f
(2) private hauler holding a valid
Persons served at the effective date of this
ordinance by
hauling permit and occupatilherein within
obtain the disposal permit provided
ninety (90) days of the effective y authorized
ordinance. The city manager is hereby
to promulgate rules and private lons r
hauler efatctthe
proof of service by
effective date of this ordinance provisions of
Sects= Except as herein amended, all other p
Article IV of Chapter 13 of the Code of Ordinances of the City o
n in full force and effect
Dania, Florida, shall remai .
CIF
Section 3• That all ordinances or parts of ordinances an
all resolutions or parts of resolutions in conflict herewith e
' y repealed to the extent of such conflict.
and the same are hereby
That this ordinance
Sects 4• shall be in force and take
effect on October 1, 1991. on the 14th day of
PASSED and ADOPTED on First Reading
May , 1991.
�— on the
PASSED and ADOPTED on Second and Final Reading
28th day of May 1991.
----�'
14A
yOR - COMMISSIONER
ATTEST:
ITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By: !r i 0 61U��
FRANK C. ADLER, City Attorney
-7-
Ordinance No. 22-91
1
t
liULIA I JVU �) UIN
Established as The Hollywood Sun. nuary 4, 1935
1101,LI\1001), BRON'ARD COUNTY, FLORIDA
STATE OF FLORIDA
C'OUNTI' OF BRON'ARD R, WAYNE WEDGEWORTH
Before the undersigned authority personally appeared — ----
%%'ho on oath says (he/M) is DIRECTOR OF ADVERTISING
Of the Iollywood Sun a daily newspaper published at Hollywood in Broward
county, Florida: that the attached copy of adsertisement, being a —
NOTICE OF HEARING
in the matter of City of Dania Hearing on 5/28/91
in the CITY OF HOLLYWOODPIN
err
was published in said newspaper in the issue of
1so
May 17 1991 (0-82)
It
Affiant further says that the said Hollywood Sun is a newspaper published at Hollywood in said Brow Srd
Count),Florida,and that the said newspaper has heretofore been continuously published in vid Broward
County,Florida,each week and has been entered as a second class maser at the post office in Hollywood in
said County.Florida,for a period Stone year next preceding the first publication of the attached copy of ad.
,ertisement:and al !her says that be has neither paid nor promised any person,firm or corporation
't'.. any discount,Kate. o ission or refund for the purpose of securing thiradseriisement for publication in
OTICE OF HEARID AN ORDINANCE OF THE
N
the said 0 reaper BE FORE CrrY C/TM DANIA, FLORIDAIVEN
M><I COMISSION CORREa CTING N THE
CITYOFDANIA.FLORIDA,
710N I 'TLI AND BECTIONE OF
REOARDINDADOP ORDINANCE NO.46.90.A6
Cf TNBFGLLOWINO PASSED AND ADOPTEC
— pgOPOSED ON SECOND AND FINAL
ORDINANCISI"" pEA01NO ON THE nTH
DAY OF DECEMBER.1e90.
Sworn to and subscribed before me NOTICE IS HEREBY GIVEN, AND PROVIDING FOR AN
l Ihdllla.OBY ummuslon� EFFECTIVEDATI.
Q/ MayOften.l of it fafla.
This day of A.D. 19—. as , Stonl d••Inr
_Y Teen NIrNi M Y Ih1
AN ORDINANCE Of
matteroffidioan➢ ,uB bihvd- wo Oj"OFDANIA.YLORIDAE
1h•C11r Grunnut bnreolllel AMENDING 9YADDIARYICE N,
the Dania CRY NMIu,s, NEW SECTION 100 CHAPTER 1a BY ADDIHOA
TO
NOTARY PUBLIC I Wn,it,DYN,Florida to Yo- TO PROVIDE FOR THEE TO
1
atthe l ropOa�dlnanebini COLLECT. CONVEY OR
(SEAL) 11 the m8lMng DISPOSE OF GARBAGE
•N OR IN NCE-0 TH! ACCUMULATED IN THE
NOTARY PUBLIC,STATE OF FLORIDA. �ITM p',AN u.lLO"IDA• CITY OF DANIA;REOUIR-
MY CO MA115510N EXPIRES:NLY 311 IaiL IND HAULING PERMITS
I AMENOINOSECTIO 1 OF AND DISPOSAL PERMITS:
11DnOCD THRU NOTARY PVIUC UNDERWRITIR6 ARTIOLE B OF PART X.�I7I OaiC WAND PROVID IND THAT ALL
THE >CHAR� gIDA, ORDINANCES OR PARTS
OI L Out D ALE, OF ORDINANCES AND ALL
RELAjTIN OR RESOLUTIONS OR PARTS
TRADC ! D OF RESOLUTIONS IN CON•
DIBPOSALOF MPROP- FLICT HEREWITH BE RE•
ERTYI AND PROVIDING PEALED TO THE EXTENT
THAT. ALL ORDINANCES OF SUCH CONFLICT;AND
OR PART* OF, pROVIDING FDA AN EF-
NANOES AND ALL'ROSO
LUTIONS OR PART! OF FECTIVE DATl.
REBOLUTIONa W DON" A CePY e11Mb ProDoua
PLIOT HBRE THE Sal Re_ or0lnenosis onllleinlheol-
PEALED 7o THE
EXTENT 11'r
OF SUCH CONFLICT:AND Hit)at
too wit Dania 9u It)
PROVIDING FOR AN xor- Boulevard,
Dania, Florid A,
FECTIVIKDATE and me 0•InID•Ct•d Oylne
AN ORDINANCE OF THI 0110!wing normal wort•
CITY OF DANIA,FLORIDA. Nq'hour.
AMENDING ARTICLE 11 OF
CHAPTER �Sa OF „e I.
GOD! OF ORDINANCES interested a 1 the aforesaid me�.
OF THE CITY OF DANIA.I D
FLORIDA, BY AMENDING Into and be heard wun rr
SECTION iIAO TO IN' aped lc ln•Pr°PeI•d.
ELUDE LAND USE PLAN D who,
SECTION ADDING TO Be NUM- •PpYI'anr d•Clalon dmxde
SERED 11.10.1 AND ENTI• hr1^•Wry I'a COD.
TLED 'PETITIONER-AP• reapecl to enY m
I PLICANT al.d a a1 Isla M•I^,pw.11
REOUIREMENTB'; PRO codlnpe end IOr wen pur
VIDINO FOR WAIVERS: dIs m•Y n r IO emOr•
ANDPROVIOING THAT ALL Iheu�•rentlm u<°rd Olpcn
ORDINANCES OR PARTS ocee dingsaa•mede,w
OFF ORDIN CNOEnR POpRlS PNCO In v Ins rxsr
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