HomeMy WebLinkAboutO-2022-015 Amending Ch. 13, Sec. 13-69 to Create Irreparable Fine for Violating Bulk Trash CodeORDINANCE NO. 2022-015
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 13, ENTITLED "HEALTH AND
SANITATION", AT SECTION 13-69, ENTITLED "SERVICE PROVIDED BY
THE CITY", TO CREATE AN IRREPARABLE FINE FOR VIOLATING THE
CITY'S BULK TRASH CODE; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission adopted Chapter 13 of the City's Code of Ordinances
entitled "Health and Sanitation," to provide for solid waste collection and procedures, which
includes garbage pickup and disposal, recycling pickup and disposal and bulk trash procedures,
including pickup and disposal; and
WHEREAS, Section 13-69, of the City's Code entitled "Service Provided by the City"
provides for bulk trash pickup for single family residential and up to 4 units of multifamily and
procedures relating to the bulk pickup; and
WHEREAS, the City's current code provides for bulk pick up on certain days, and a
process for calling for a special bulk pickup, if needed on different days, or more frequently
needed, or larger than the normal bulk pickup; and
WHEREAS, the Code does not provide for a fine associated with violating the bulk
pickup provisions of the Code, rather, it just charges the resident the actual cost for having to
order additional pickups; and
WHEREAS, the lack of a fine creates a disincentive to adhering to the City's bulk pickup
rules and regulations; and
WHEREAS, the City desires to ensure that the streets and homes of the City's residents
are properly maintained, are groomed, and free from dumping and overwhelming bulk trash; and
WHEREAS, the City believes it is in the best interests of the residents of the City for the
City to create a fine, that is irreparable, meaning, that the fine is automatically imposed upon a
finding of the special magistrate of a violation, and there is no additional time provided to remedy
or cure the violation; and
WHEREAS, the City Commission wishes to implement the fine provisions to ensure that
the City's bulk waste rules and regulations are enforced,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Chapter 13 entitled Health and Sanitation, at Section 13-69, entitled
"Service provided by City," is amended as follows:
CHAPTER13
HEALTH AND SANITATION
Sec. 13-69. Service provided by city.
(b) Bulk trash pickup.
(1) For all residential units and multi -residential family buildings containing no more than
four (4) units, the city shall provide pickup, once a month, of bulk trash as defined 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 trash exceeding the
maximum cubic yards will require a special pickup as described in subsection (d) below.
(3) 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 violation is considered to be irreparable in nature and is
subject to a fine. The nefiee of vialation shall provide a eamplianee date and allow fef
the eo"eetien e ON-- by sueh date for- the bulk 4ash pile in qaestiep,. if the
violation still exists after- the eemplianee date, th In addition to the fine, 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.
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.
Section 3. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
2 ORDINANCE #2022-015
Section 4. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on March 22, 2022.
PASSED AND ADOPTED on second reading on April 12, 2022.
ATTEST:
A r
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
EV*, �. BOUTSIS
CUY ATTORNEY
TAMARA JAMES
MAYOR
ORDINANCE #2022-015