HomeMy WebLinkAboutVI (D 1) Second Reading of Ordinance Privatizing Solid Waste Service Agenda 9-16-2003
Mayor a C�pter of Good Liv Commissioners tem VI D 1
S. Scott Vandergrift �' _M1', Danny Howell, District 1
Scott Anderson, District 2
City Manager - � Rusty Johnson, District 3
Jim Gleason - , Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Robert B. Zaitooni, P.E., Deputy Director Public Works
DATE: August 5, 2003
RE: Ordinance No. 2003-32, Amending Chapter 143 City Code (Solid Waste)
ISSUE "
Should the City Commission amend Chapter 143 of the City Code regarding Solid Waste?
BACKGROUND/DISCUSSION
The City Commission, on June 17, 2003, authorized staff to proceed with preparation of an RFP
for privatization of residential garbage &recycling collection and disposal; and an exclusive
residential construction and demolition debris franchise.
In order to proceed with the privatization of the residential garbage and recycling and
establishment of an exclusive residential construction and demolition debris franchise, certain
revisions to Chapter 143 of City Code are required. Ordinance 2003-32 amends Chapter 143 to
include all necessary revisions for the intended purpose.
The City Attorney has prepared Ordinance 2003-32, which is attached to this staff report.
RECOMMENDATION
It is respectfully requested the City Commission approve the Ordinance to amend Chapter 143 of
the City Code regarding the City's Solid Waste program.
ORDINANCE NO. 2003-32
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; AUTHORIZING THE CITY COMMISSION TO PRIVATIZE
ALL SOLID WASTE SERVICES BY THE AWARD OF FRANCHISE
AGREEMENTS FOR THE PERFORMANCE OF THE FOLLOWING
SERVICES: COMMERCIAL AND MULTIFAMILY SOLID WASTE,
INCLUDING COMMERCIAL CONSTRUCTION AND DEMOLITION
DEBRIS, RESIDENTIAL YARD AND BULKY WASTE, RESIDENTIAL
SOLID WASTE AND RECYCLABLE MATERIALS, AND
RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS;
PROVIDING FOR THE TERMS AND CONDITIONS OF FRANCHISE
AGREEMENTS AND THE AWARD THEREOF; 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 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 THE 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, Article
II, Section C-8.H of the Charter of the City of Ocoee, Florida and Chapter 166, Florida Statutes.
SECTION TWO. Amended and Restated Chapter 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
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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 L4Zor fewer single-family residential units having,
keeping or offering for collection any solid waste shall provide for be provided by
the-purpose City or its franchisee(s) one ec mer watertigl4 p_ 1astieX11 96 gallon
garbage cart which shall be used by such occupant or --- : . . . _ - -
proper handles and a tight fitting cover of a capacity of 30 gallons of a type
approved by owner for the Solid Waste Department purposes of solid waste
collection.No other container will be permitted to be used for this purpose.
B. All residents, occupants or owners of a residential premises in the city
shall place all yard trash waste in no more than five (5) lawn bags. Yard trash
waste which does not fit into lawn bags shall be -:
arrangement with the city as set forth cut less than 6 feet long and less than 6
inches in . . . . . ' . . . - .iameter and shall be bundled. 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 franchisee(s)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).
E. Residential construction and demolition debris shall be placed in
containers provided by the City's franchisee(s) pursuant to the City's franchisee
agreement where such debris are subject to collection by the City's franchisee(s)
pursuant to §143-7A(3).
SECTION 143-3. Placement of Containers
A. All solid waste receptacles, (garbage carts), lawn bags or recycling
receptacles shall be placed as near 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 delivery by the U.S.
Postal Service.
B. Unless expressly permitted by the Director of Public Works, containers for
residential construction and demolition debris shall be placed on the private
property of the owner and shall not block a right of way or sidewalk.
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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 trash waste and recyclable
materials. No person shall place special wastes (including but not limited to yard
trash—waste, and construction and demolition debris) or hazardous wastes
(including motor oil and wet paint) into containers used for garbage collection.
No person shall place any material other than yard trash waste into lawn bags for
collection as yard trash waste. 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,
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 §143-3 hereof, all Ssolid waste, yard trash
waste and recyclable material containers may be placed by-for 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 waste,
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 waste shall be placed for collection in a manner
consistent with § 143-7A(2). Yard trash waste which exceeds the amount which is
collected by the city or the city's franchisee(s) 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 matter waste material permitted to be placed in parkways under
Subsection B above shall be neatly placed, and wherever possible such matter
waste 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 matter waste
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
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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 sell-well 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.
SECTION 143-7. Removal of Solid Waste Required.
A. Removal by city.
Residential:
(1) All Except for construction and demolition debris, all residents and
occupants or owners of residential premises in the city shall be required to have
accumulations of solid waste, yard trash waste 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
- . . ' - . . - . . •. - -- franchisee(s).
(2) Except as provided in § 143-7A(5), the city or its designee franchisee(s)
shall limit its residential collections to three thirty one (1) ninety-six gallon
. .. garbage cart picked up twice weekly; five
(5) lawn bags or an amount not to exceed one and one-half(1 1/2) cubic yards of
loose tree or shrub trimmings per yard waste pickuppicked up once a week and
two (2) recycle bins per recycling pickup which will be collected once a week.
The city shall collect residential solid waste twice per week, yard trash once per
week and recyclables once per week. The city City Commission may collect
establish the fees for additionally solid waste collection and pick gallon
_. - . -ups by resolution.
(3) Construction and demolition debris from residential locations but where
the volume of debris is sufficient to require the use of a roll-off or other similar
on-site storage container, as determined by the City, shall be collected by the
City's franchisee(s) if the City has awarded a franchise for such services. In such
event, this provision shall - . .. . . -- - ... .
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be implemented in accordance with the procedures and time frames
set forth in §403.70605, Florida Statutes and any such franchise agreement.
(3) The city may provide for the collection of construction and demolition debris and yard
trash in excess of the amount specified in § 1'13 7A(2) from residential locations at rates
established by resolution of the City Commission. Residents, occupants or owners of premises
by the City Solid Waste Department or a private hauler.
(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 resident occupant or
owner of the . - -•• - - . : •- - - .. ..--•, -
arrange for the prompt collection of tagged items. The city may collect items
which exceed these limits or tagged items upon special arrangement with the
customer or the city's franchisee(s). The City Commission may by resolution
establish rates for the collection of excess waste : _ •. . - •- - - . . .
(5) Multifamily residential units containing four (4Lor more single-family
residential units shall have their solid waste collected by be subject to the city's
franchise in provisions of the same manner as that provided for this Chapter
governing commercial establishments.
B. Commercial establishments.
(1) All commercial establishments in the city shall have all solid waste, other
than hazardous waste, used oil or yard trash waste collected by the city's
franchisee(s). It shall be a violation of this Article for any person other than the
franchisee(s) of the city to collect or transport solid waste, other than hazardous
waste, used oil or yard trash-waste 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(s),who shall also be 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
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new rate be retroactive to the beginning of the billing period in which the
resolution is passed.
B. Rates-Residential rates shall be based on two L2Lpickups per week for
solid waste, one (1Zpickup per week for yard twaste and one (_pickup per
week for recyclable materials. Customers requiring more additional frequent
residential service shall be charged : : : :: -.: -. •• •- an additional rate to be
established by the City Commission in accordance with §143-8A.
C. Billing for solid waste collection service shall be on a monthly basis.
Billing may be performed by the City or its franchisee(s), as determined by the
City. If billing is performed by the City's franchisee(s), the City may require that
payment be made directly to such franchisee(s).
D. Any rate currently charged by the City or its franchisee(s), whether
adopted by resolution of otherwise, shall remain in effect until modified by
resolution of the City Commission adopted in accordance with this Section.
SECTION 143-9. Charges.
A. Residential premises.
(1) Single-family residential units shall be 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 single family
residential units shall be charged for commercial rate for solid waste collection.
B. Commercial establishments.
(1) Commercial establishments using trash cans of 30 ninety-six (96) gallons!
er-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.
(3) Multiple-family residential units containing more than four (4) single-
family residential units shall be charged for commercial rate for solid waste
collection.
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SECTION 143-9.1. Billing and collection of fees.
A. If the subject property utilizes water and/or sewer service from the city, the
solid waste collection service fee shall be billed and collected monthly with the
utility bill in accordance with the provisions of§ 150-7.
B. If the subject property does not utilize water and/or sewer service from the
city, the solid waste collection service fee shall be billed and collected in
accordance with the following provisions:
(1) Account deposit. At the time the certificate of occupancy is issued for the
building, the owner must apply to the city for the initiation of the solid waste
collection service and shall provide such information as may be requested by the
city on forms prepared for that purpose. The owner shall be required to place on
deposit with the city an initial account deposit. The deposit is intended as security
for the payment of any bill which may be due to the city. The amount of the
deposit is $50.
(2) Return of deposit. The deposit will be returned to the owner, provided that
the solid waste collection service fee has been timely paid by the owner for twelve
consecutive months without a notice of lien being filed for nonpayment.
(3) Billing and collection of fees. For each single family or mobile home
residential unit or multifamily residential unit, the bill shall be sent to the record
owner of the property as shown in the tax records; provided, however, that the
owner may request that the City send the bill to the registered account holder if
the owner and the account holder are not the same.. It is the owner's responsibility
to notify the city of a change in ownership. Failure to receive the bill will not
relieve owner of owner's responsibility to pay the bill; pro All bills for solid waste
collection service shall be rendered monthly. All billings for solid waste collection
service shall be due and payable 15 calendar days after the date of the billing. The
due date shall be shown on each bill. Owners shall have five calendar days from
the due date to make payment. Payment in full must be made by the due date;
otherwise,the account will be past due.
(4) Unpaid fees to constitute lien. In the event that the fees for solid waste
collection services are not paid when due, any unpaid balance thereof, along with
all interest accruing thereon, shall be and constitute a lien on any parcel or
property affected thereby. The city may place a notice on the door of the building
located on the property or parcel warning the owner prior to recording its lien, but
the city shall not be required to post any such notice. The city may record in the
public records of Orange County, Florida, a notice of lien giving notice to all
persons that the city is asserting a lien upon the affected parcel or property. In the
event that any such fee is not paid when due and is in default for 30 days or more,
the unpaid balance thereof and all interest accrued thereon, together with the costs
of collection, including but not limited to attorneys' fees and costs, may be
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recovered by the city in a civil action, and any such lien, accrued interest and any
additional costs may be foreclosed or otherwise enforced by the city by action or
suit in equity as for the foreclosure of a mortgage on real property.
C. All accounts shall be delinquent if not paid as provided in the invoice for
the services rendered. If any such deficiency remains unpaid for a period of 30
days from the date of the original invoice, then the City may take any action
deemed necessary in order to collect such deficiency or delegate such action to its
franchisee(s), including, but not limited to termination of service, retaining a
collection agency or attorney, initiating legal proceedings, or recording a Notice of
Lien on the property as provided in §143-9.1D. Sixty (60) 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
shall be entitled to recover from the owner of the property its reasonable
attorneys' fees, paralegal fees and other costs and expenses, whether incurred
prior to, during or subsequent 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 City or City franchisee(s) and §143-14 regarding the
storage of solid waste. The City and its franchisee(s) may charge a late fee of up
to $100 for any delinquent account or in an amount established by resolution.
D. Notice of Liens may be filed on the real property of the residential
premises or commercial establishment where payment of charges are delinquent
as recorded herein. Notice of delinquency shall be provided to the person
responsible for payment 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, Florida, stating the description of the real
property, the name of the Owner of the real property, 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 waste bags or
recyclable material containers at the street curb or curbline for collection by the
city or its franchisees-franchisee(s) prior to 5:00 p.m. on the day preceding the day
for collection of solid waste, garbage, yard trash waste 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
franchisee(s) and shall be placed in an inconspicuous area as set forth in this
Article.
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SECTION 143-11. Supervision; Appeals.
A. The Director of Public Works will supervise collection and make
recommendations to the City Commission concerning collection.
All solid waste and recyclable material accumulated in the city shall be
collected, conveyed and disposed of by the city or its franchisee(s) under the
supervision of the Director of Public Works, except as otherwise provided within
this Article or by Florida Statutes. 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—C. 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 Franchise Agreements.
A. The City Commission may enter into a—one (1) or more franchise
agreement agreements with one (1) or more persons or entities to provide
eommercial-the following collection service and disposal services within the city_
(a) commercial and multifamily solid waste, including commercial construction
and demolition debris, (b) residential yard and bulky waste, (c) residential solid
waste and recyclable materials, and/or (d) residential construction and demolition
debris. The-Each franchise agreement shall contain the name of the person or
entity to-being collect awarded the . •. . . • . -- .. . .. -, . .
oil and yard trash from franchise; the { s.•- - • . . - . =arti-ly--}residential
accounts-franchise right being granted; 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. The franchise agreement shall be on terms and conditions
as determined by the City Commission. Each franchise agreement may be
exclusive as to the applicable territory, and the term may be up to five (5) years
with an option to extend the franchise agreement for up to two (2) years or as
provided in §143-12I.
B. Franchise agreements may also provide for a nonexclusive franchise for
the collection of recyclable materials from commercial establishments. However,
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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.
C. The compensation for franchiseesfranchisees) under this Article shall be
in accordance with the rates established for the collection provisions of
commercial accounts by resolution and as otherwise agreed upon by the city and
the franchisee franchise agreement. The city or its designee-franchisees) shall bill
and collect all fees and charges for commercial garbage collection and disposal
services, and the city shall retain or be paid, as the case may be, a franchisee fee in
an amount not to exceed twenty percent (20%) of the total fees and charges
collected. The city shall also retain or be paid, as the case may be, an
administrative fee in an amount not to exceed five percent (5%) of the total fees
and charges collected in order to defray costs associated with the administration of
the franchise. The City may also collect from such franchisee(s) such other fees
and charges as may be set forth in the franchise agreement. The rates charged for
solid waste collection services shall include all such fees and charges.
D. The-If the City Commission decides to seek proposals for the award of a
franchise, then 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 - -•• - . . ' • •-- - ;
the type and amount of equipment; the proposed performance bond and insurance;
frequency of collection; and other factors deemed appropriate by the city.
E. 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.
F. The City Commission, after complying with the provisions of Section
403.70605, Florida Statutes, may enter into a franchise agreement with (1) or
more persons or entities to provide collection service for residential construction
and demolition debris within the city. Such franchise may be awarded as a
separate franchise agreement or awarded to an existing franchisee.
G. Any services not subject to an existing franchise agreement as of August 1,
2003 may be awarded to an existing franchise holder of the city on terms and
conditions as may be determined by the City Commission without going through
the process set forth in Section 143-12C.
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H. The city may, at its option, combine one (1) or more franchise agreements
into a single franchise agreement.
I. Extensions to one (1) or more franchise agreement may be made upon
agreement of the franchisee and the city for the purpose of adjusting the len! of
such franchise agreement in order to facilitate the combination of franchises for
different types of solid waste collection services.
SECTION 143-13. Identification of Recyclables.
The following recyclable materials are considered suitable for curbside
collection by the city or its designee franchisee(s): all aluminum cans; steel cans;
three (3) classifications of glass (brown, green and white); paper goods, including
newspaper and computer paper-494--net-magazines; 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 be 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 of 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,
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sidewalk, alley, parkway or other public place or into any occupied premises
within the city City.
SECTION 143-17 Preparation of Recyclable Materials.
A. Those residents residential customers 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 or its franchisee(s). However, if the volume of recyclable
material is too great to fit into the plastic containers furnished by the city or its
franchisee(s), then the recyclable material may be stacked and bound with a
nonmetallic substance (e.g., rope, string or plastic) or placed in a large brown
paper bag. All recyclable material being placed in approved containers provided
by the City of Ocoee or its franchisee(s) shall have been drained of all free liquids
before being placed curbside for collection by the city or its franchisee(s). 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.
recycling program shall have their recyclable materials collected by the city or its designee.
Provisions regarding the collection of recyclables from multifamily residential units may be
established pursuant to the procedures set forth in § 1113 11.
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 collected from residences shall be separated from
nonrecyclable material and placed in the plastic containers furnished by the city or
its franchisee(s). From the time of placement at the curb by any resident of
recyclable material for collection by the City of Ocoee pursuant to the program
established hereby and the rules and regulations issued hereunder, such materials
shall become and be the property of the City of Ocoee or its franchisee(s).
Furthermore, it shall be a violation of this Article for any person, other than
authorized personnel of the City of Ocoee or its franchisee(s), to collect, pick up
or cause to be collected or picked up any such recyclable material from
residences.
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SECTION 143-20 Responsibility of Owner/Occupant.
No person having custody or control of residential, industrial or business
premises from which recyclable materials are 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.
(1) The commercial container shall be clearly labeled in conspicuous print on
at least two sides as follows: "FOR RECYCLABLE MATERIALS ONLY."
(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
§ 143-20.1A.
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-
20.1A.
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.
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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
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 punishable-punished 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 cartsCans.
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 or its franchisee(s) and
provided to residents, occupants or owners as set forth herein, of ninety-fwesix
(9596) gallons' capacity on wheels for rolling with a nonremovable hinged lid,
suited to automatic dumping equipment utilized by the city or its franchisee(s) and
intended to contain not over teetwo 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
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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 or its franchisee(s) and who have been provided a garbage
cart by the city or its franchisee(s) shall place all solid waste other than as
specified in § 143-25B in the garbage cart for collection. All solid waste other
than as specified in § 143 25B to be placed in a garbage cart shall be placed in
B. No person shall place any special wastes (including but not limited to yard
trash-waste, lawn clippings, leaves, tree trunks or limbs, used oil and construction
and demolition debris3, hazardous wastes, recyclable materials, hot ashes or hot
materials in any garbage cart. The city or its designee franchisee(s) 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 three two hundred (300200)
pounds in any garbage cart. Prior to implementation by the city of a fully
(300) pounds will be collected only if placed in trash bags of a capacity of thirty
(30) gallons or less. Any solid waste offered for collection in excess of three two
hundred (300200) pounds shall be deemed an additional pickup. The rates for the
collection for such additional pickup shall be at the rate for additional thirty
- -- . .etermined by resolution of the City Commission in
accordance with § 143-8. - . - • . •.
SECTION 143-26 Collection of Solid Waste By City.
In lieu of the provisions of§ 143-7A(2), the following provisions shall apply to
all residents, occupants or owners who have received a garbage cart: The city or
its designcefranchisee(s) shall limit its residential collections to one (1) garbage
cart of solid waste per solid waste pickup, fear five (4) lawn bags or an amount
not to exceed one and one-half(1 '/2) cubic yards of loose tree or shrub trimmings
per yard waste pickup and two (2) recycle bins per recycling pickup. The city or
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its franchisee(s) shall collect residential solid waste from garbage carts twice per
week, yard trash-waste once per week and recyclable 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 near within 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.
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 or its franchisee(s) will replace, at its own expense, garbage carts
damaged or worn through no fault of the resident, occupant or owner. The city or
its franchisee(s) 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 or its franchisee(s) will replace, at its own expense, garbage carts which
are stolen. The city or its franchisee(s)will replace, at the resident's, occupant's or
owner's expense, garbage carts which are lost. The city or its designee
franchisee(s) 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.
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D. Upon the termination of solid waste collection service, water service
premises. Failure on the part of the owner, occupant or resident to return the
water service and/or sewer service shall result in the account deposit of such
this 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
through 143-28, inclusive, shall be applicable only to residents, occupants and
owners who have been provided a garbage cart by the city or its franchisee(s).
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 be 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
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006.280901.6
ADVERTISED ,2003
READ FIRST TIME
August 5,2003
READ SECOND TIME AND ADOPTED
,2003
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FORM AND
LEGALITY, THIS day
of ,2003
FOLEY& LARDNER
BY:
CITY ATTORNEY
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