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Agenda 5-06-2003
Item VII A
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: David A. Wheeler, P.E., Director of Public Works
DATE: April 29, 2003
RE: Amendment to Chapter 143 (Solid Waste)
ISSUE:
Whether the City Commission should approve the proposed Ordinance amending
Chapter 143 relating to solid waste services.
DISCUSSION:
The City currently has a franchise agreement for solid waste collection with Superior
Waste Services of Florida, Inc. (the "Franchise Agreement"). The Franchise Agreement dots not
presently deal with having services for residential construction and demolition debris in sufficient
quantities to require the use of a roll-oil or similar on-site storage container ("Residential Debris') nor
does the Ocoee City Code require the use of the City's franchisee for such services.
Attached is an Ordinance amending Chapter 143 of the Ocoee City Code, among other
things,to require the use of the City's franchisee for Residential Debris.
RECOMMENDATION:
It respectfully is recommended that the City Commission approve the attached Ordinance
amending Chapter 143 of the Ocoee City Code.
Attachment
file://Y:APW\SR pw_agreement.htm 5/1/2003
ORDINANCE NO. 2003-23
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
AND RESTATING IN ITS ENTIRETY CHAPTER 143 OF THE CODE
OF ORDINANCES OF THE CITY OF OCOEE REGARDING SOLID
WASTE; AMENDING PROVISIONS, AMONG OTHERS, RELATING
TO GARBAGE CART REQUIREMENTS, PLACEMENT AND LIMITS,
YARD WASTE SIZE REQUIREMENTS AND MULTI-FAMILY
RECYCLEABLES; PROVIDING A PROCEDURE FOR COLLECTING
DELINQUENT ACCOUNTS; PROVIDING FOR THE COLLECTION
OF RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to amend Chapter 143
(Solid Waste) of the Code of Ordinances of the City of Ocoee.
NOW, THEREFORE, BE IT ENACTED BY TILE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA AS FOLLOWS:
SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes.
SECTION TWO. Amended and Restated Chanter 143. Chapter 143 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows (with deletions
stricken and additions underlined):
CHAPTER 143
SOLID WASTE
ARTICLE I - COLLECTION
SECTION 143-1. Definitions.
For purposes of this Article, all terms and words shall have the meaning set forth
in the definitions contained in Part IV of Chapter 403, Florida Statutes, and in
state administrative rules adopted pursuant to Part IV of Chapter 403, as such
statutes and rules may be amended from time to time.
SECTION 143-2. Containers Required.
A. Every occupant or owner of a single-family residence or a multifamily
residence containing four (4) or fewer single-family residential units having,
keeping or offering for collection any solid waste shall provide f'orbe provided byby
006 280901.
the puporeCity one (1) Of more watertight plastic or metal receptacles-havinn
proper handles and a tight fitting covzr of a capacity of thirty (30)gallons of a
type approvcd96 gallon garbage cart which shall be used by such occupant or
owner for the Solid Waste Department oscs of solid waste collection. No
other container will be permitted to be used for this purrosc.
B. All residents, occupants or owners of a residential premises in the city
shall place all yard trashwaste in lawn bags. Yard trashwaste which does not fit
into lawn bags shall be collected throughement with th;.. city-as-4:e+
loI heut less than 6 yards lone and less than 6 inches in §-143-7-or by a private
hatderdiameter. Lawn bags shall not exceed 50 pounds each.
C. Recyclable materials shall be placed in such containers as specified in §
143-7.
D. Commercial establishments shall place all solid waste in containers
specified by the city's franchise pursuant to the commercial franchise agreement
approved by the city. Collection of recyclable materials from commercial
establishments shall be performed in accordance with § 143-7B(2).
11. Residential construction and demolition debris shall be placed in
containers provided by the City s franchisee pursuant to the Citv's franchisee
agreement where such debris are subject to collection by the City s franchisee
pursuant to §I43-7A(3)_
SECTION 143-3. Placement of Containers.
All solid waste receptacles (garbage carts), lawn bags or recycling receptacles
shall be placed 9s nun within 3 feet of the street or right-of-way of the premises
as practicable or in a location designated by the Solid Waste Department, so as not
to block the mail box or hinder the delive by the U. S. Postal Service.
SECTION 143-4. Sorting of Solid Waste Required.
All persons offering solid waste for collection within the city shall segregate their
waste into the following categories: garbage, yard trashwaste and recyclable
materials. No person shall place special wastes (including but not limited to yard
trashwaste, and construction and demolition debris) or hazardous wastes into
containers used for garbage collection. No person shall place any material other
than yard trashwaste into lawn bags for collection as yard trash. No person shall
place any material other than recyclable materials into recycling containers.
SECTION 143-5. Prohibited Accumulations and Deposits; Exceptions.
A. It shall be unlawful for any person to place or deposit or cause to be placed
or deposited upon any of the streets, gutters, sidewalks, parkways, thoroughfares,
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006.280901
public parks or other public places of the city any solid waste, including but not
limited to tree trunks or limbs, lawn trimmings, any trash, debris, papers,
handbills, litter or rubbish or ashes or sweepings of trash or other discarded matter
of whatever kind, except as hereinafter specifically provided.
B. Subject to the provisions of&l43-3 hereof. all Solid waste, yard trash and
recyclable material containers may he placed byfor collection in an easily
accessible location as near the street right-of-way as practicable, on the property
of the owner or tenant or on the parkway immediately in front of and contiguous
to his property. Special wastes, other than yard trash, construction and demolition
debris and hazardous wastes shall be placed in proper containers on the property
for collection by private haulers and shall not be placed in the parkway. Yard trash
shall be placed for collection in a manner consistent with § 143-7A(2). Yard trash
which exceeds the amount which is collected by the city may be placed in the
parkway, provided that arrangements have been made for its prompt collection.
Construction and demolition debris shall be placed for collection in a manner
consistent with &143-12C
C. The matterwaste material permitted to be placed in parkways under
Subsection B above shall be neatly placed, and wherever possible such
matlerwaste material shall be placed so as to allow the convenient passage of
persons and conveyances lawfully in such parkways.
D. It shall be unlawful for any person to disturb or to scatter or spread about
or cause to be disturbed or to scatter or to be spread about any of the matterwaste
material described in Subsection B above.
E. It shall be unlawful for any person to permit or allow any solid waste or
recyclable material to accumulate or remain upon any private property located in
the city when the same is hazardous to the health and safety of any of the
inhabitants of the city.
F. The city may require that any person within the municipality demonstrate
the existence of a contract or arrangement by which such person will dispose of
solid waste in a manner consistent with this Article as acllwell as state and federal
laws. Nothing in this paragraph shall be construed to relieve any person from their
obligation to comply with all other provisions of this Article.
SECTION 143-6. Prohibited Discharge of Fluids.
No person shall discharge on any street or alley or on his own or the premises of
another any foul or fetid water or fluid substance or throw thereon any decaying
flesh or vegetable or other offensive or noisome matter.
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006280901.
SECTION 143-7. Removal of Solid Waste Required.
A. Removal by the City:
(1) All residents and occupants or owners of residential premises in the city
shall be required to have accumulations of solid waste, yard uashwas_te and
recyclable materials removed and disposed of or recycled by the Solid Waste
Department or its designee and for such service, or the availability of such service,
shall pay the city the fees at rates established by resolution of the City
Commission.
(2) Except as provided in § 143-7A(5), the city or its designee shall limit its
residential collections to threeone (+1) thirtyninety-.gallon container.; pm—solid
waste pickup: lbugarha e cart picked twice weekly; five (45) lawn bags or all
amount not to exceed one and one-half(-D-1_I_/2) cubic yards of loose tree or shrub
trimmings per yard waste piekuppjcked up once a week and two (2) recycle bins
per-recycling pickup Mach_will be collected once a week. The city .hall collect
residential solid waste twice per-week, yard trash once per week and recyclable/
one.) per week. the city City.Commission may eolle ' ,,,'. . .;a,-thirty-gdkat.
• : :'teestablish the fees for additional solid waste collection
and pick-ups by resolution.
(3) 'fhe city may provide for the collection-of-Construction and demolition
debris and yard trash in excess of the amount-specified-in 112 7A(2)--from
residential locations at rates established by resolution of the City Commission.
Residents, occupants or ow Hors of promises all arrange lbr collection--of
residential construction and do olil on d hri- or _. ra h b - he City
Ne4id Waste Department or-a-private--hatder-wherc the volume of debris is
sufficient to require the use of a roll-off or other similar on site storage container
shall be collected b the City's franchisee. This provision shall be implemented
in accordance with thcprocedures and time frames set forth in 6:143-12G.
(4) Except as provided in Subsection A(3) above a resolution by the City
Commission, all containers, bags. receptacles and items left for collection which
exceed the limits set forth in this section shall not be collected by the city but shall
be tagged to-indicate that the item-was-not-collectible The residentoccupant or
ewwer-of the premises who--plaeec • olectiou-ahall immediate')
arrange for the prompt collection of tagged items. The city may collect itenr
which esaxal-1#te.;e limits or tagged items upon .pecial arrangement--wit --fhe
customer. The City Commission may establish rates for the collection of excess
waste or-tagged items by resolution.
(5) Multifamily residential units containing four (4) or more single-family
residential units shall have their solid waste collected by the city's franchise in the
same manner as that provided for commercial establishments.
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B. Commercial establishments.
(I) All commercial establishments in the city shall have all solid waste, other
than hazardous waste, used oil or yard tne+hwaste collected by the city's
franchisee. It shall be a violation of this Article for any person other than the
franchisee of the city to collect or transport solid waste, other than hazardous
waste, used oil or yard trashwaste for hire from commercial establishments in the
city.
(2) Effective February 1, 1994, all recyclable materials generated at
commercial establishments shall be separated at the premises of the establishment.
Owners or operators of commercial establishments shall have all recovered
materials collected by either a certified recovered materials dealer or by the city's
commercial franchisee, who shall also he a certified recovered materials dealer.
SECTION 143-8. Service Rates; Billing.
A. Solid waste collection service rates shall be established by the City
Commission by resolution after a public hearing preceded by at least seven (7)
days' notice of the hearing and the proposed action by publication in a newspaper
of general circulation in the City of Ocoee. The resolution may provide that the
new rate be retroactive to the beginning of the billing period in which the
resolution is passed.
B. Rates shall be based on two (2) pickups per week for solid waste, one (I)
pickup per week for yard trash and one (I) pickup per week for recyclable
materials. Customers requiring mere fkequentadditional service shall be charged a
proportionally higheran additional rate to be established by the City Commission
in accordance with b143-8A.
C. Billing for solid waste collection service shall he on a monthly basis.
SECTION 143-9. Charges and Delinquent Accounts.
A. Residential premises.
(1) Single-family residential units shall he charged the base rate for solid
waste collection established by resolution.
(2) Multiple-family residential units containing four (4) or fewer single-family
residential units shall be charged the base rate for solid waste collection
established by resolution for each unit.
(3) Multiple-family residential units containing more than four (4) single-
family residential units shall he charged for commercial rate for solid waste
collection.
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006.280901.
B. Commercial establishments.
(1) Commercial establishments using trash cans of thirtyninety-six (3096)
gallons:-or—less capacity each shall be charged the base rate for solid waste
collection established by resolution for each can.
(2) Commercial establishments using dumpsters shall be charged a
commercial rate for solid waste collection established by resolution.
C. All accounts shall he delinquent if not paid as provided in the invoice for
the services rendered If any such deficiency remains unpaid fora cried of 30
days from the date of the original invoice,_ t hen the City may take any action
deemed necessary in order to collect such deficiency or delegate such action to its
franchisee_ includine but not limited to termination of service, retaining a
collection agency or attorney, initiating legal proceeds, or recording a Notice of
Lien on the property as provided in 5143 9D Sixty (601 days after the filing of a
Notice of Lien the City may foreclose same in the same fashion as mortgage liens
are foreclosed. In connection with any such collection proceeding the City shalt
be entitled to tecover frotmthe owner of the property its reasonable attorney's
fees„paralegal fees and other costs and expenses whether incurred prior toduring
or subsewot to court proceedings or an appeal. Any person who has had
collection service terminated must continue to comply with §143-7 requiring
removal by the Citv or Citv franchisee and §143-14 regarding the ma of_solid
waste. The Grand its franchisee ma charge a late fee of up to $100 for
delinquent account.
D. Notice of Liens maybe. filed on the real property of the residential
premises or commercial establishment where payment of charges are dclhit
as recorded herein Notice of delinauencv shall be nrovided_to the person
res onsible for oa}mcnt of solid waste collection and to the land owner at least
thirty days prior to the filing of a Notice of Lien. To provide public notice of the
deficiency the City may (but shall not be obligated to) record a Notice of Lien in
the Public Records of Orange County,Flouda statinjthe description of thereat
property,The name of the Owner of the real prop, the name of the account
holder and the amount due and owing to the City.
SECTION 143.10. Time of Placement of Containers.
No person shall place solid waste containers or yard trash bags or recyclable
material containers at the street curb or curbline for collection by the city or its
franchisees prior to 5:00 p.m. on the day preceding the day for collection of solid
waste, garbage, yard trash or recyclable material according to the schedule
established by the Department of Public Works, as may be modified from time to
time. Such containers shall be removed from the street curb or curbline by 7:00
p.m. on the day of collection by the city or its franchisees and shall he placed in an
inconspicuous area as set forth in this Article.
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006 280901.
SECTION 143.11. Supervision; Appeals.
The Director of Public Works will supervise collection and make
recommendations to the City Commission concerning collection.
A. All solid waste and recyclable material accumulated in the city shall be
collected, conveyed and disposed of by the city under the supervision of the
Director of Public Works, except as otherwise provided within this Article. The
Director shall have the authority to make recommendations concerning the days of
collection, type and location of solid waste and recyclable material containers and
such other matters pertaining to the collection, conveyance and disposal as he
shall find necessary and to change and modify the same after notice published in a
newspaper of general circulation at least ten (10) days in advance of the effective
date of such change or modification, said notice to indicate that persons aggrieved
shall have the right of appeal to the City Commission, as provided in Subsection
B hereof, provided that such regulations or modifications are not contrary to the
provisions of this Article.
B. Appeals. Any person aggrieved by a regulation of or fee charged by the
Director shall have the right of appeal to the City Commission, which shall have
the authority to confirm, modify or revoke any such regulation or fee.
SECTION 143.12. Commercial and Residential Construction and
Demolition Debris Franchise Agreements.
A. The City Commission may enter into a franchise agreement with one(1) or
more persons or entities to provide commercial collection service within the city,
and for the collection of construction and demolition debris from residential
locations, The franchise agreement shall contain the name of the person or entity
to collect the solid waste other than hazardous waste, used oil and yard trash from
the commercial and multifamily residential, and residential accounts; the length of
the franchise; the territory of the franchise; the performance bond and the
conditions thereof to be furnished by the franchisee; insurance requirements for
the franchisee; frequency of collection; and such reasonable terms, restrictions and
rules regarding collections as the city may determine necessary in order to
implement the safe and efficient collection of commercial solid waste. 'fhe
franchise agreement shall be exclusive as to the applicable territory, and the term
may be up to five(5) years.
B. Franchise agreements may also provide for a nonexclusive franchise for
the collection of recyclable materials from commercial establishments. However.
nothing in this Article or any franchise agreement shall restrict the ability of a
commercial establishment to enter into a contract with a certified recovered
materials dealer to collect, transport, process or receive recovered materials.
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006 280901.
C. Franchise agreements may also provide for the collection__of construction
and_demolition debris from residences in excess of quantities set forth in §143-2.
Elie franchisee may specify the containers and freqmcnev of such collections. No
franchise for construction and demolition debris shall be effective until the City
has complied with §143.12G.
U. The compensation for franchisees under this Article shall he in accordance
with the rates established for the collection of commercial accounts by resolution
and as otherwise agreed upon by the city and the franchisee. The city or its
designee shall bill and collect all fees and charges for commercial garbage
collection, and the city shall retain or he paid, as the ease may be, a franchisee fee
in an amount not to exceed twenty percent (20%) of the total fees and charges
collected for commercial solid waste collection. The Cit may also collect from
such franchisee such other fees and charges as may he set forth in the franchise
aerecment.
P . The city shall prepare proposal documents and receive competitive
proposals from applicants for commercial collection within the city. The City
Commission may accept the proposal which it deems to be in the best interest of
the city and enter into one(1) or more franchise agreements. In determining which
proposal will be accepted, the city will consider such factors as the proven ability
of the applicant to efficiently collect solid waste from commercial establishments;
the type and amount of equipment; the proposed performance bond and insurance;
frequency of collection; and other factors deemed appropriate by the city.
ITF. In accordance with the provisions of§ C-8 of Article II of the City Charter,
no franchise shall be awarded by the city until such time as the City Commission
has held a public hearing on the proposed franchise preceded by at least thirty (30)
days' notice of the hearing and the proposed action by publication once a week for
four(4) consecutive weeks in a newspaper of general circulation in the city.
G. Pursuant to §403.70605, Florida Statutes the City has held a public
hearing on the propose& extension_ of_ city franchises services to residential
construction and demolition debris, ublishe Ipublic notice of such hearing
provided 45 da 's notice of such hearing to private waste hauling companies
known to provide servic within the City,, nd reuuested information from such
companies regarding any residential construction and demolition debris customers
within the City in the previous 15 months as well as the gross receipts from all
such accounts. 'I he City franchisee shall begin collection of residential
construction and demolition debris 60 days from the effective date of this
ordinance. All companies who have collected residential construction and
demolition debris within the Cnyn the past 15 months and have notified the City
that such collections have occurred shalt be allowed to continue to collect
residential construction and demolition debris wit_1 i the Citi_for three years
unless the City elects to nay such comnanv an amount equal to the coin an Ts
preceding 15 months Bross receipts.
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006.280901.
SECTION 143.13. Identification of Recyclables.
The following recyclable materials are considered suitable for curbside collection
by the city or its designee: all aluminum cans; steel cans; three (3) classifications
of glass (brown, green and white); paper goods, including newspaper and
computer paper but not maguziw^; and plastics, such as two-liter soft-drink
containers and plastic-coated drink cartons. the materials which are suitable for
the curbside recycling program may be changed from time to time pursuant to the
procedures set forth in § 143-11A.
SECTION 143.14. Storage of Solid Waste and Recyclable Material.
No person shall place any solid waste or recyclable material in any street, alley or
other public place or upon any private property, whether owned by such person or
not, within the city, except if it is in proper containers for collection or in metal or
plastic type containers or other type containers under express approval granted by
the Director, nor shall any person throw or deposit any solid waste or recyclable
material in any lake, stream or other body of water.
SECTION 143.15 Unauthorized Accumulation.
Any unauthorized accumulation of solid waste or recyclable material on any
premises is hereby declared to he a nuisance and is prohibited. Failure to remove
any existing accumulation of solid waste or recyclable material within such period
as may be fixed in a written or printed notice et-the-Director—posted on the
premises or delivered to the owner or occupant of the premises shall be deemed a
violation of this Article.
SECTION 143.16 Scattering of Solid Waste and Recyclable Material.
No person shall cast, place, sweep or deposit anywhere within the city any solid
waste or recyclable material upon any street, sidewalk, alley, sewer, parkway or
other public place or into any occupied premises within the city or in such a
manner that it may be carried or deposited by the elements upon any street,
sidewalk, alley, parkway or other public place or into any occupied premises
within the City.
SECTION 143.17 Preparation of Recyclable Materials.
A. Those residents who voluntarily participate in the recycling program
established hereby shall separate recyclable material from other solid waste and
place the recyclable material in the plastic containers provided by the City of
Ocoee. However, if the volume of recyclable material is too great to fit into the
plastic containers furnished by the city, then the recyclable material may be
stacked and bound with a nonmetallic substance (e.g., rope, string or plastic) or
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006.280901.
placed in a large brown paper bag. All recyclable material being placed in
approved containers provided by the City of Ocoee shall have been drained of all
free liquids before being placed curbside for collection by the city. The containers
shall be placed at the street curb or curbline for collection according to a schedule
to be determined by the Department of Public Works, and the weight of each
container shall not exceed forty (40) pounds of weight.
B. Those residents of multifamily residential units who volunPtrilywisshtq
participate in (Ilea recycling program shall havcmakkcc their recyclable materials
collected by the city or its designee. Provisionibregatgowparientii for
the collection of recyclables from multifamily residential units may be established
,etdures-set fort:b in-I 141 I
SECTION 143.18 Frequency of Collection of Recyclable Materials.
Recyclable materials accumulated by residences shall be collected at least once
each week and otherwise as may be deemed necessary by the Director.
SECTION 143.19 Ownership of Recyclable Materials.
All recyclable material shall be separated from nonrecyclable material and placed
in the plastic containers furnished by the city. From the time of placement at the
curb by any resident of recyclable t+nterial-lor collection by the City of()coo,
hseunder, such materials shall become and be the property of the City of Ocoee.
Furthermore, it shall be a violation of this Article for any person, other than
authorized personnel of the City of Ocoee, to collect, pick up or cause to be
collected or picked up any such recyclable material.
SECTION 143.20 Responsibility of Owner/Occupant.
No person having custody or control of residential, industrial or business premises
from which recyclable materials arc collected within the City of Ocoee shall
permit or cause recyclable materials within his control to become a hazard to
public travel, health or safety or to become a nuisance of any sort.
SECTION 143.20.1 Labeling of Commercial Containers; Recyclable
Materials.
A. All commercial containers which are intended to serve as a depository for
recyclable materials shall meet the following minimum labeling standards:
(I) The commercial container shall be clearly labeled in conspicuous print on
at least two sides as follows: "FOR RECYCLABLE MATERIALS ONLY."
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(2) The name, address and phone number of the certified recovered materials
dealer who will be collecting the recyclable materials from the commercial
container shall be labeled in conspicuous print on at least two sides of the
commercial container.
B. No person shall place recyclable materials in a commercial container
unless the commercial container is labeled in accordance with the requirements of
§ 143-20.1 A.
C. No person having custody or control of a commercial establishment shall
allow a commercial container to be placed upon or remain upon the property of
the commercial establishment if such commercial container has been placed on
the premises for the purpose of serving as a depository for recyclable materials
unless such container is labeled in accordance with the requirements of § 143-
20.1 A.
SECTION 143.21 Recovered Material Dealers.
A. Effective January 1, 1994, no recovered materials dealer shall engage in
business within the city without having first provided the Solid Waste Department
with a copy of its current Florida Department of Environmental Protection dealer
certification.
B. Effective January 1, 1994, recovered materials dealers shall register with
the city. Such registration shall set forth the dealer's name, including the owner
and operator of the dealer, and if the dealer is a business entity, its general or
limited partners, its corporate officers and directors, its permanent place of
business, evidence of certification with the Florida Department of Environmental
Protection and a certification that the recovered materials will be processed at a
recovered materials processing facility which meets the requirements of state law.
The city may establish by resolution an application fee for dealer registration to
cover the costs of administering § 143-21.
C. The city may temporarily or permanently revoke the authority of a
recovered materials dealer to do business within the city upon a finding that the
dealer has consistently or repeatedly violated state or local laws, ordinances, rules
and regulations. Prior to any such revocation, the dealer shall be provided with
reasonable notice and an opportunity for a hearing before the Code Enforcement
Board pursuant to Chapter 7, Enforcement of Code, of the Code.
SECTION 143.22 Consistency With State Solid Waste Laws.
It is the intent of the city that this Article be consistent with all state laws
regarding solid waste, recyclable materials, and recovered materials. including
Part IV of Chapter 403, Florida Statutes, as it may be amended from time to time.
Every effort should be made to interpret this Article in a manner consistent with
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state solid waste laws. Should any provision of this Article be held invalid due to
inconsistency with state solid waste laws, all remaining portions of this Article
shall remain in full force and effect
SECTION 143.23 Penalties for Offenses.
A. Any person violating any provision of this Article shall, upon conviction,
be puni_hablepunished as provided in § 1-12 of Chapter 1, General Provisions,
Article II, of the Code of the City of Ocoee.
B. In addition to the penalties hereinabove provided, any condition caused or
permitted to exist in violation of any of the provisions of this Article shall be
deemed a public nuisance and may be, by the city, abated as provided by law, and
each day that such condition continues shall be regarded as a new and separate
offense.
SECTION 143.24 Required Use of Garbage Cans.
The Director of Public Works may designate areas within the corporate limits of
the city where garbage carts, as hereinafter defined, shall be provided to every
resident, occupant or owner of a single-family residence or a multifamily
residence containing four (4) or fewer single-family residential units having,
keeping or offering for collection any solid waste. All references in this Article to
"garbage carts" shall mean a container, owned by the city and provided to
residents, occupants or owners as set forth herein, of ninety-fwegix(9-59 ) gallons'
capacity on wheels for rolling with a nonremovable hinged lid, suited to automatic
dumping equipment utilized by the city and intended to contain not over threetwo
hundred (300200) pounds. Residents, occupants or owners shall be notified of
such designation and the required use of the garbage cart pursuant to written
notice from the Public Works Department. The Public Works Department shall, at
the city's expense, initially provide garbage carts to the notified residents,
occupants or owners, and it shall thereafter be mandatory for those residents,
occupants or owners to utilize the garbage carts, instead of the containers
otherwise required pursuant to § 143-2A hereof; provided, however, that the
provisions of§ 143-2B through D, inclusive, shall remain in effect with regard to
such residents, occupants or owners provided with garbage carts.
SECTION 143.25 Use of Garbage Carts; Prohibited Uses.
A. All persons offering solid waste other than as specified in § 143-25B for
collection by the city and who have been provided a garbage cart by the city shall
place all solid waste other than as specified in § 143-25B in the garbage cart for
collection. All solid waste other than- s-specified-in-§-143-25Rto ,laced in a
},urbage cart shall be placed in trash-h igs to the extent-pfacticable,
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006.280901.
B. No person shall place any special wastes,(including but not limited to yard
trash, lawn clippings, leaves, tree trunks or limbs, used oil and construction and
demolition debris), hazardous wastes, recyclable materials, hot ashes or hot
materials in any garbage cart. The city or its designee shall have no obligation to
collect any of the foregoing placed in any garbage cart.
C. No person shall burn, ignite or otherwise cause the combustion of
materials of any kind whatsoever in any garbage cart.
D. No person shall place solid waste in excess of threetwo hundred ('00200)
pounds in any garbage cart.- Prior-to implementation- by the cit-s of a fully
mlomat.;d solid waste collection system-solid-wa ite-in excess-of three hundred
(3044-po. _ .
(%O)gallens or less. Any solid waste offered for collection in excess of thractwo
hundred (300200) pounds shall he deemed an additional pickup. 'the rates for the
collection for such additional pickup shall be at the rate for additional thirty-
esr r—esa-C•ora..ee-Her determined by resolution of the City Commission in
accordance with § 143-8. Celleetion of excess solid waste-in-trash bags will be
allowed only on an interim basis pcndi mentation of a fully automated
solid waste collection system.
SECTION 143.26 Collection of Solid Waste By City.
In lieu of the provisions of§ I43-7A(2), the following provisions shall apply to all
residents, occupants or owners who have received a garbage cart: The city or its
designee shall limit its residential collections to one (I) garbage cart of solid
waste per solid waste pickup, four (4) lawn bags or an amount not to exceed one
and one-half (11/2) cubic yards of loose tree or shrub trimmings per yard waste
pickup and two (2) recycle bins per recycling pickup. The city shall collect
residential solid waste from garbage carts twice per week, yard trash once per
week and recyclables once per week.
SECTION 143.27 Location and Time for Placing; Removal of Garbage
Carts.
A. With regard to the collection of solid waste, all garbage carts shall be
placed as--nearwithin 3 feet of the street or right-of-way of the premises as
practicable or in a location otherwise designated by the Solid Waste Department
no earlier than 5:00 p.m. of the day preceding the day designated for collection
and shall be removed not later than 7:00 p.m. on such designated day. At all other
times, garbage carts shall be placed in side yards or rear yards and screened from
view to the extent practicable. Except as provided herein, garbage carts shall at no
time be placed in the front yard of the premises.
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006.280901.
B. It shall be unlawful for any resident, occupant or owner to remove a
garbage cart from the premises to which such garbage cart has been provided.
SECTION 143.28 Maintenance and Replacement of Garbage Carts
Return of Garbage Carts.
A. All garbage carts shall be kept in a safe, clean and sanitary condition by
the resident, occupant or owner. Any garbage cart which fails to meet such safe,
clean and sanitary standards is declared to be a nuisance and shall be condemned
and disposed of upon order of the Director of Public Works or his designee and
replaced at the resident's, occupant's or owner's expense.
B. The city will replace, at its own expense, garbage carts damaged or wont
through no fault of the resident, occupant or owner. 'the city will replace, at the
resident's, occupant's or owner's expense, garbage carts damaged or worn
through fault of the resident, occupant or owner. The city will replace, at its own
expense, garbage carts which are stolen. The city will replace, at the resident's,
occupant's or owner's expense, garbage carts which are lost. The city or its
designee shall have no obligation to collect any solid waste from a garbage cart it
deems damaged or worn. A resident, occupant or owner shall immediately notify
the Public Works Department of any lost, stolen, damaged or worn garbage cart.
C. The cost of replacement of a garbage cart shall be established by the City
Commission by resolution after a public hearing preceded by at least seven (7)
days' notice of the hearing and the proposed action by publication in a newspaper
of general circulation in the City of Ocoee. The cost of replacement of a garbage
cart shall be billed to the resident, occupant or owner on the city water bill and, at
the request of the resident, occupant or owner, may be paid in three (3) equal
monthly installments.
D-- Upon the termination of solid waste colleetio 2 „+e sercics
and4w-sewer socwite, the city shall therrofter-remove the gubage cart- from the
premises. failure onuthes »of the owner, occupant-or--resident to return Ih
fttirbake cart within fifteen (151-deys of termination-of-solid--waste-collection,
water service and/or ;;ewer service shall result 'epo:it-of such
resident, occupant or owner being debited pursuant to the-precisions of§-1-73-3.rf
his Code.
SECTION 143.29. Conflicts.
In the event of a conflict between the provisions of §§ 143-24 through 143-28,
inclusive, and any other provision of Article I of Chapter 143 or the Code of
Ordinances of the City of Ocoee, the provisions of §§ 143-24 through 143-28,
inclusive, shall control; provided, however, that the provisions of §§ 143-24
14
006.280901.
through 143-28, inclusive, shall be applicable only to residents, occupants and
owners who have been provided a garbage cart by the city.
SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION FOUR. Codification. It is the intention of the City Commission of the City that the
provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the
City; and that sections of this Ordinance may be renumbered or re-lettered and the word
"ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or
phrase in order to accomplish such intentions; and regardless of whether such inclusion in the
code is accomplished, sections of this ordinance may he renumbered or re-lettered and the
correction of typographical errors which do not affect the intent maybe authorized by the City
Manager, without need of public hearing, by filing a corrected or re-codified copy of same with
the City Clerk.
SECTION FIVE. Effective Date. This Ordinance shall become effective upon passage and
adoption.
PASSED AND ADOPTED this _ day of , 2003.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
FOR USE AND RELIANCE ONLY ADVERTISED ,2003
BY THE CITY OF OCOEE, READ FIRST TIME
APPROVED AS TO FORM AND , 2003
LEGALITY, THIS day READ SECOND TIME AND ADOPTED
of , 2003 ,2003
UNDER AGENDA ITEM NO.
FOLEY & LARDNER
BY:
CITY ATTORNEY
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006 280901