HomeMy WebLinkAboutO-1992-020 -
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ORDINANCE NO. 20-92
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING ARTICLE IV, CHAPTER 13 BY ADDING A
NEW SECTION 13-74 THERETO ENTITLED "GARBAGE
COLLECTION BY CITY" ; PRIVATE HAULERS; PERMIT
TO OCTOBER 1, 1991; AND
REQUIRED, RETROACTIVE
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RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED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 DANIA,
FLORIDA:
IV of Chapter 13 of the Code of
Section 1 . That Article
Ordinances of the City of Dania, Florida, be and the same is
hereby amended by adding a new section thereto designated 13-74
and entitled "Garbage collection by City; private haulers, permits ;
required" , which shall read as follows:
.Sec. 13-74 . 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
ovided. No person shall collect or
except as hereinafter pr
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 13-74 (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 set
out in subsections 13-74 (e) and 13-74 ( f ) . Persons who are
presently 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
citgarbage pickups are in the sole discretion of the food
manager. Restaurants and other establishments serving
for immediate consumption on or off premises shall have
Ordinance No. 20- 92
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garbage collection at least four (4 ) times per week or as
otherwise authorized by the city manager. Other
nonresidential customers and all residential customers shall
have garbage collection at least two ( 2 ) times per week.
(c) Prior placement. No garbage trash or bulk items to
be collected by a private hauler shall be placed on the
ger than twenty-four (24 ) hours
right-of-way for a period lon
prior to collection.
(d) Collection by private contractor. No person,
partnership, association or corporation shall collect, convey
or dispose of any garbage accumulated in the city without
first having obtained a permit from the city manager. A
nly upon the criteria set forth
permit shall be issued o
herein.
i
(e) Permit required. Any person, partnership,
association or corporation who wishes to obtain a permit to
collect, convey or dispose of any garbage accumulated in the
lication to the city manager. The
city must first make app
application shall include a cashiers check $or
1 certified check
in the amount of one thousand dollars (51,0O0. 00) or five
hundred dollars ( $500.00 ) as applicable under subsection
13-74 ( f ) (2 ) below in addition to an application fee of one
hundred fifty dollars ( S150 .00 ) . Each applicant shall submit
in writing a list of its qualifications for a garbage permit.
Such list shall include the following:
( 1 ) Evidence of adequate number of trucks to provide
service, and backup level to properly service the I.
number of customer accounts applied for. 4
( 2 ) Certification of proper and adequate insurance `
coverage of not less than five hundred thousand
dollars ( S500, 000.00 ) public liability insurance.
( 3 ) Evidence of sufficient maintenance ability to meet
the service needs of the number of trucks and
equipment to be used by the permittee.
(4 ) Demonstration that a business office with a toll
free telephone number will be operated to provide
adequate response to customer inquiries or
complaints. The office address shall be provided.
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( 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
putrescents from commercial establishments shall be
at least four (4 ) times a week regardless of the
size of the container.
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Ordinance No.
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(7 ) Agreement that service will not be discontinued
unless written notice is
service ten delivered( 10) days o riorhe atorthe
receiving the P of the
nuance of service; with a copy
notice being sent at the same time to the city
disconti
! manager.
(8 ) Name, address and telephone number of the person to
be contacted by city with reference to the
operation of this section-
of
(9) Names and addresses of the owners applicant
If the aP
making application.
corporation, this ithe ap slicantt f a
isapartnership
and directors. if the p
this includes a list of all partners•
( 1p) The applicant shall provide a list of all felo in
ny
convictions within the past ten ( 101 state for
federal court, or the court of any
of antitrust, anticompetitive,
violation practice laws With a
this
racketeering or fraudulent
brief description of
tthallcindividuals slisted in
paragraph also applies
subsection 13-74 (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 revokedther datethe fiof-Ythe
peri d immediately of the reason
o preceding
application with a brief description � ,.
for such withdrawal.
j (f) permit*Issuance of hauling Pe
( 1 ) In determining whether to issue a hauling permit,
the
the city manager shall consider
information
subsection
provided by the applicantbased
13-74 (e) • The city manager shall determine,
on these criteria, whether the applicant has
sufficient experience, ability, integrity and
licant to successfully
in accord
expertise to allow the app with all
operate within the city
applicable tic
la�oviind dedreinlasubsectionsa13174 (e) ( 10)
information p f°
and ( 11) , the city manager shall consider the
number and seriousness of the specific incidents
listed.
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Ordinance No.
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(2 ) The minimum fee for a permit shall be one thousand
dollars ( 51 , 000.00) per year payable in advance on
or before October 1 of each year; provided that if
more is due for the quarter commencing October 1
based on the cubic yards collected, then such
greater amount shall be paid. All permits shall
expire each September 30. However, if a permit is
granted for a period of less than six ( 6) months,
the minimum fee shall be five hundred dollars
( $500.00) in addition to the application fee of one
hundred fifty dollars ( $150.00) . A renewal
application and a seventy-five dollar ($75.00)
application fee is required each year. The fee for
auling permit
a h shall be twenty-seven cents
($0.27 ) per cubic yard of uncompacted containers
and eighty cents ( $0' 80 ) per cubic yard of
compacted containers collected in the City of Dania
by such private haulers payable in advance. Such
fee shall be payable on a quarterly basis in
advance within thirty ( 30) days of the beginning of
each quarter and the minimum fee due under this
subsection shall be credited against the fee
collected on a per cubic yard basis as reported to
the city by the hauler in accordance with section
13-74 ( f) ( 5 ) of the Code of Ordinances of the City
of Dania. Failure to timely provide information
required under section 13-74 ( f ) ( 5) of this code or
to remit the fee required under this paragraph
shall be cause for revocation of any issued hauling
permit and a violation of this code punishable as
provided in section 1-8 of the Code of Ordinances
of the City of Dania, Florida.
( 3) All changes in customer accounts, whether additions
or deletions, shall be reported in writing to the
city manager within five ( 5) days of such change,
including giving the name of such customer and the
disposal permit number of such customer.
(4 ) The city manager is hereby authorized to designate
a disposal facility or facilities named in any
interlocal or private waste disposal agreement
entered into by the city, and to require holders
of hauling permits to dispose of waste equivalent
and of a similar nature to that collected in the
City of Dania at such location. Failure by a f
private hauling permit holder to dispose of waste
at such location shall be in violation of this
code, punishable as provided in section 1-8 of the
Code of Ordinances of the City of Dania, Florida,
and shall be cause for revocation of the violator's
hauling permit.
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Ordinance No.
condition of issuance or renewal of
c i
1' 1 be a such hauling
hall su
s f
(5) It permit that the holder o
Yj any hauling p on a quarterly
Permit shall report to the city the city
basis at or before a date fixed by
manager, the bulk tonnage of all materriaesd
within the city, conveyed, transported
originating such private hauler and the
ri
or disposed of by individual customers
following information about
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 personbe
s
currently holding a hauling permit and it shall to
deemed unlawful and a violation of this code to
fail to timely make the report required herein.
(9) Appeal to city commission upon denial of permit;
retention of application fee.
( 1 ) Any person who applied for a permit for garbage
rmit
collection the city commission for such a ea review of ay the
I directly . Said appeal shall be
manager
decision of the city manager for
forwarded in writing to the city
placement on the commission agenda ,
(Z ) If a permit application is denied and no appeal is
taken under subsection 13-74 (g) ( 1 ) or if the city
holds the city manager' s denial of a
commission upholds manager shall refund the money
permit, the city less the
submitted under subsection 13-74 (e)
application fee.
(h) Revocation of permit.
Should any person who holds a permit for garbage
o
collection violate any of the provisions of the Code of
do a required act of the Code of
Ordinances or fail to
Ordinances, and should the city manager determine that a
permittee is operating in a manner harmful based upon the
safety or welfare of the citizens of the anaY� f ) above, or in
requirements of subsections 13-74(e) revoke the permit for 1'
violation of said requirements, he may
collection of refuse after a hearing.
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Ordinance No.. �—
ll not be effective sooner than
( 1 ) Any revocation sha
j three ( 3 ) days from the date of mailing and shall
not be effective if the permittee requests a
i hearing within five ( 5) days of said date-
The 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
the city commission by the permittee filing a
written request for hearing within ten ( 10 ) days of
the decision with the city clerk.
( 5) Upon hearing, the city commission may affirm,
modify or reverse the decision of the city manager.
I
(i) Disposal permits. i
( 1 ) The owner, tenant, occupant, or agent therefor, of t
the premises upon or from which such garbage is
produced who desires to have such garbage
collection, conveyed or disposed of by a hauling l
permit holder shall apply to the city manager for a
disposal permit upon forms to be supplied by the ;
i city manager and shall pay an annual fee in the j i
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 t
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 ax 4#
produced with the City of Dania unless the owner,
tenant or occupant of the premises upon or from y;
which such garbage is produced has first obtained ; 1}
the disposal permit required herein. it shall
further be deemed a violation of this code
ai r�
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Ordinance No.
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subjecting the holder of
a hauling permit to its 11
if such holder servicesustomer
permit.who
revocation valid disposal
does not hold a currently this
the effective date °a Valid
(2 ) Persons served at hauler holding
ordinance by
hauling permit and icense shall
ei�aprovidedlherein within
obtain the disposal p authorized
ninety (90) days of the eYfischerebyate of this
ordinance. The city manager
or promulgate rules and regulatihaulerefatctthe
proof of service Is a private
effective date of this ordinance. provisions of
Sect
Except as herein amended, all other
Article IV of Chapter 13 of t
l force Orandaeffectf the City of
he Code of shall remain in ful
Dania, Florida, +
Section That all ordinances or parts of ordinances and
11 resolutions or parts of resolutions in conflict herewith be
1 a
and the same are hereby repealed to the extent of such conflict.
Section 4 . That force and take
this ordinance shall be in
t ion.
n its final passage
effect immediately upo and adopt 24th day of
PASSED and ADOPTED on First Reading on the
November 1992. on the
i ADOPTED on Second and Final Reading
PASSED and
�11
22n(day of December 1992 .
" YOR - Q9MM1�jI0ivn
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ATTEST:
� ' C TY'CLERK
AUDITOR
}APPROVED AS TO FORM AND CORRECTNESS
orney
By: Att
FRANK C. ADLER,
-7_ 20- 92
Ordinance No. h
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S U N — S E H T I N E L
P J 1 L I S H E D DAILY NOTICE OF HEARING
BEFORE TITY
FORT LAUJERDALEP dROWARD COUNTY. FLORIDA COMMISSION CITY of
BOCA RATON. PALM BEACH CIUMTY, FLORIDA GAA0NGFLORID ADOPTONROF -
HIAMI. DADS COUNTY. FLORIDA TOAePRO-
POSED RDIN
I NOTICE IS HERESY GN•i
EN Mel me City Comme-
City of Dwi�
STATE OF FLORIDA Fb01s. o�rt Decitinow xx.
COUNTY OF UP.OWARD/PALM r3LACH/DADS 1992, at e00 om. or ea
Soon thereafter ea lea Mal. . .
BEFORE THE UNDERSIGNED AUTHORITY PERSONALLY APPEARED IV may be bard.Will -
duct a public herald M Vla
CIry Commission room of/� the Oahe City Hall too
G.J• 1a........ WHO ON OATH SAYS THAT West Dana Beach 40%
rsn1.Owls.norwa to c �
NE/SU'E IS A AUTHOr1IZED REPRESENTATIVE OF THE owrthe poporo.aoorMn.
CLASSIFIED DEPARTMENT OF TdE SUN—SENTINEL. DAILY oltni1o�0'"npOO a"c"
M
NEWSPAPER PUBLISHED IN SRO'/ARD/PALS BEACH/DADE COUNTY. AN ORDINANCE OF THE
AN
OF DANIA• FL0IUDA,1
FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENTo BEING A IAMENOING ARTICLE IV,;
CHAPTER 13 BY ADDING A
NEW SECTION 13-74d
NOTICE THERETO ENTITLED!
•GARSAOE COLLECTION
BY CITY" PRIVATE HAUL-)
12SEAS' PERMIT REQUIRED.
NOACTNE TO OCTO•i
IN THE MATTER OF BEATI"ALL`ORDIINNANCES
NOR PARTS OF OROI• - -
SECTION 1 3-74 iNANCE B AND OR ALL Rs o
RESOLUTIONS IN CON-
FLICT HEREWITH BE RE- t ,
IN THE CIRCUIT COURT. WAS PU9LISHED IN SAID NEWSPAPER IN PEALED TO THE EIRENO
THE ISSUES O F OF BII CONFLICT,AND
PROVIDING FOR AN EF-
FECTIVE GATE
C • 12/1 1. 1 X C B 34 O AN ORDINANCE O THE:
,CITY OF OANIA, TICLE I I
I AMENDING ARTICLE II
CHAPTER x OFC THE CODE
AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL IS A CI ORDINANCES THEN I
CITY DI G A CTIONFLORIDA,
NEWSPAPER PUULI SHED IN SAID JRONARD/PALM BEACH/DADE BY AND SETION2.ON x•
COUNTY. FLORIDA. AND THAT THE SALO NEWSPAPER HAS HERETOFORE 1xACI` AE ON TION1.3 01 I,
ENACT REOULATIONSI
BEEN CONTINUOUSLY PU ULLSHED IN SAID BROYARD/PALM BEACH/DADE TTROATITIGN AANTHE
CTIRVITESj
COUNTY. FLORIDA. EACH DAYP AND HAS BEEN ENTERED AS SECOND OF LOBBYISTS IN THEN
CITY TO ENACT REGULA-
CLASS MATTER AT THE POST OFFICE IN FORT LAUDEROALEe IN SAID TIONS PROHIBITING EX,
PARTE COMMUNICA I
BROYARD COUNTY, FLORIDA• FOR A PERIOD OF ONE YEAR NEXT TIONS ON QUASI•JUDI•'I
PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF ING FOR SEVERABIOLFfV;' '
I PROVIDING THAT ALL OR-! I
ADVERTISEMENT: AND AFFIANT FURTHER SAYS THAT HE/SHE HAS DINANCES OR PARTS OFORDIN ,
NEITHER PAID NOR P40MISED ANY PERSONi FIRM OR CORPORATION RESOLUTIONS
AND ALL
RESOLUTIONS S PARTS
ANY DISCOUNTo RE3ATE. COMMISSION OR REFUND FOR THE PURPOSE FFLICTESHERETWITH BEORNE-
PEALED TO THE EXTENT
OF SECUR INb THIS ADVERTISEMENT FOR PUBLICATION IN SAID OF SUCH CONFLICT: AND
NEYSPAPEtt. PROVIDING FOR AN EF-
FECTIVE FECTIVE DATE.
A twvY of the"Proposed
_�/ pdmvxes us}on file in the
off"of the man. 100 West
al
(SIGNATURE OF AFFIANT) andthe�puti eInlew0C1�uring m�
wonlnp noun.
Interested Parties MAY
SWORN TO AND SU3SCRIUED BEFOR E Appear at the aforesaid
THIS 11 DAY OF DEC£ BER " .nor ' n«d wtlh i
it Ip the hopdecides
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AqO. 1992 rry p At wno vision
il0 AVDPt an� decision
wads Ilia pa C o any !
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•'( -I6 NATURE - --�, �cdrd of Inc propaeOrnpa,
�J •yT 'end IW such purpose
•:.:,is�. I msryy need to enwre that •, i ..
My gUL4L SS041 C::ta]32 ;=xwn record of the pro•.
Co( l: svT.s ISr. ICeednip 1s made.Which re-'
!cord Includsf the lMBmdny
1102rY IL'a w^' '• !and evidence upon wDKh
%lea APDeM "Wanda
be DasW.l i
/✓ Wanda Mulllal.!
. .. ............... ....... . ............... ...
(NAME OF NOTARY TYPED. PRINTED OR STAMPED) December 11. T91112
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PERSONALLY KNOWN OR
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PRODUCED IDENTIFICATION ...... ........ ...
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