HomeMy WebLinkAboutO-2016-011 Amending Section 13-69 Garbage and Trash ORDINANCE NO. 2016-011
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 13, ENTITLED "HEALTH AND
SANITATION", ARTICLE IV, ENTITLED "GARBAGE AND TRASH",
SECTION 13-69, ENTITLED "SERVICE PROVIDED BY THE CITY", OF
THE CITY CODE OF ORDINANCES, BY INCLUDING PROVISIONS FOR
THE PLACEMENT OF BULK TRASH NO MORE THAN TWENTY-FOUR
(24) HOURS PRIOR TO SCHEDULED PICKUP DATE; REDUCING THE
BULK TRASH PLACEMENT TIME FOR SPECIAL PICKUP FROM THREE
DAYS TO FORTY-EIGHT (48) HOURS BEFORE PICKUP; CREATING A
LIMITED EXCEPTION TO THE OTHERWISE APPLICABLE
REQUIREMENT OF CITY GARBAGE COLLECTION SERVICES BEING
LIMITED TO SERVICES PROVIDED TO FOUR(4) OR LESS RESIDENTIAL
UNITS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Article IV, entitled "Garbage and Trash" of Chapter 13, entitled
"Health and Sanitation", Section 13-69, "Service Provided by the City", of the City Code of
Ordinances, is amended to read as follows:
Sec. 13-69. —Service provided by the city.
(a) Solid waste:
(1) For each residential unit(s) and multiresidential family building(s) containing no
more than four (4) units, the city shall provide, twice a week, unlimited pickup of
garbage and trash as described hefeinabove in this chapter, which shall be placed
in ninety-six (96) gallon roll out garbage containers. The garbage and trash shall
and must be placed in said such containers and shall not at any time be placed in
loose piles,plastic bags, or any other type of container.
(2) Multiresidential family building(s) containing five (5) units or more must use a
private collection and hauling service provided by a private sanitation company
holding a business tax receipt issued by the city.
(b) Bulk trash pickup.
(1) For all residential units and multiresidential family buildings containing no more
than four (4) units, the city shall provide pickup, once a month, of bulk trash as
defined herein lwove in this chapter.
(2) The maximum amount of bulk trash to be picked up shall be six (6) cubic yards
(approximately five (5) feet by six (6) feet) per residential unit. Bulk Ttrash
exceeding the maximum cubic yards will require a special pickup as described in
subsection (ed) below.
Bulk trash must be placed and will be collected from the swale area of city
residential customers for pickups as scheduled by the city. Bulk trash shall not be
placed upon any swale area more than twenty-four (24) hours before a scheduled
pickup date. Bulk trash placed upon a swale more than twenty-four (24) hours
before a scheduled pickup date is a violation of this section. The notice of
violation shall provide a compliance date and allow for the correction of the
violation by such date for the bulk trash pile in question. If the violation still
exists after the compliance date, the city will schedule the pile to be picked up.
All costs associated with removal and disposal of the trash pile, including_a
charge for dispatching and travel costs, if applicable, even if the pile is removed
by the owner after the compliance deadline date, will be the responsibility of the
owner, tenant or account holder of the location in question.
(c) Recyclables. For each residential unit(s) and multiresidential family building(s)
containing no more than four (4) units, the city shall provide once a week pickup of
recyclables, which shall be placed in recycling bins provided by the city. The pickup of
recyclables shall be on one of the days that solid waste is picked up and the residents or
occupants shall not co-mingle solid waste with recyclables.
(d) SeheduledpiekHp. Bulk trash pickup as deseribed hefeinabove in this seetion, MtIst HE4
scheduled in designated areas.
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(ed) Special pickup.
(1) Special bulk trash pickups are available for resident owners or occupants that who
do not wish to wait for a regular pickup in their area or have in excess of the cubic
yards provided for in this article.
(2) Bulk Ttrash for special pickup must be kept separate from garbage and trash for
regular pickup. If this stipulation is violated, the city will notify owner or
occupant of the necessity of a special pickup and the charge based on the
combined volume of trash.
(3) Bulk Ttrash must be legally disposed of within there «' working days forty eight
48 hours after being discarded. If not disposed of within stated time, the city will
have the such trash removed and assess a charge equal to one and one-half(IV2)
the amount of the special pickup. This charge will be added to the utility bill.
(4) Charge for special pickup will be according to resolution adopted by the city
commission which may be amended from time to time which charges shall apply
to all collectors doing business within the Ccity of Dania B .
(5) Special trash pickup is not available to building contractors holding a business tax
receipt except as provided for by private licensed haulers.
(6) The scheduling of special trash pickup will be determined by the city's contract
hauler and the city's contract hauler should be contacted regarding scheduling of
special trash pickups. The city's contract hauler shall be responsible for billing
and collection of all amounts owed for special pickups. The city shall not be
responsible or liable for the billing or collection of any amounts to be paid or
owed for special pickups.
(fe) {Exceptional conditions.4 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. If the city receives a written
request for garbage collection pickup and determines that a residential area, community
or complex (the "community") is eligible for such services (eligibility depends upon
whether the community_provides a driveway for each residential unit, that the street
widths of the community meet city and the waste hauler criteria and the waste hauler
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consents to service the affected residents), then the city will grant an exception to the
otherwise applicable limitation to servicing of four (4) residential units or less, as
described in subsections (a), (b) and (c) above, provided, however, that such a request by
a community, once granted, is irrevocable,
(gf) {Fees.} All fees for garbage, trash, bulk trash, and recyclables collection, as described
hereinnbove in this chapter shall be set by resolution adopted by the city commission and
as same may b-e amended from time to time.
(hg) JPayment required.} Monthly fees for regular pickup of garbage, trash, bulk trash and
recyclables are payable regardless of occupancy.
(ih) Il�al disposal. Illegal dumping of trash throughout the city shall result in a fine up to
five hundred dollars ($500.00), six (6) months in jail or both.
(}i) General. The amount of the collection fee imposed in this article for the collection and
disposal of garbage, trash, bulk trash and recyclables is y declared to be a debt due
to the city, and any person required under the terms of this article to have any
accumulation of garbage, trash and bulk trash removed and disposed of at any time shall
be liable to the city for the amount of the collection fee due therefor it. The collection and
disposal of solid waste is found to specifically benefit the property to which it is provided
and the cost 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, of and forfeiture as obtained by special assessment liens.
Delinquencies in the payment of solid waste, recyclables and disposal collection fees may
be collected or enforced by any lawful means. This will not apply to charges for special
pickups charged directly by the city contractor.
Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
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Section 3. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this Ordinance, are repealed to the extent of such conflict.
Section 4. That this Ordinance shall take effect immediately upon its passage and
adoption.
PASSED on first reading on May 24, 2016.
PASSED AND ADOPTED on second reading on June 14, 2016.
ATTEST:
,� ) Is F' r
LOUISE STILSON, CMC R O A. SALVINO, SR.
CITY CLERK MAYOR
APPROVED AS TO FORM
AND CORRECTN S: w�®
r'
THOMAS J. AN B
CITY ATTO ' EY
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