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Home My WebLink AboutOrdinance 95-07 ORDINANCE NO. 95-~ AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO DESIGNATE AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF OCOEE WHICH WILL ONLY UTILIZE GARBAGE CARTS PROVIDED BY THE CITY IN CONNECTION WITH THE COLLECTION OF SOLID WASTE; PROVIDING FOR THE DISTRIBUTION AND USE OF SUCH GARBAGE CARTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the city commission of the City of Ocoee desires to authorize the Director of Public Works to designate areas within the corporate limits of the City of Ocoee which will only utilize garbage carts provided by the City in connection with the collection of solid waste and otherwise provide for the distribution and use of such garbage carts; NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. 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. sections 143-24 through 143-29, inclusive, of Article I of Chapter 143 of the Code of Ordinances of the City of Ocoee, Florida, are hereby adopted as follows: S 143-24. Required Use of Garbage Carts. 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 multi- family 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-five (95) gallon capacity on wheels for rolling with a non-removable hinged lid, suited to automatic dumping equipment utilized by the City and intended to contain not over three hundred (300) 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 S 143-2(A) hereof; provided, however, that the provisions of S 143-2 (B) through (D), inclusive, shall remain in effect with regard to such residents, occupants or owners provided with garbage carts. S 143-25. Use of Garbage Carts: Prohibited Uses. A. All persons offering solid waste other than as specified in S 143-25(B) 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 S 143-25(B) in the garbage cart for collection. All solid waste other than as specified in S 143-25(B) to be placed in a garbage cart shall be placed in trash bags to the extent practicable. B. No person shall place any special wastes (including, but not limited to, yard trash, lawn clippings, leaves, tree trunks or limbs, used oil, 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. u. No person shall place solid waste in excess of three hundred (300) pounds in any garbage cart. Prior to implementation by the City of a fully automated solid waste collection system, solid waste in excess of three hundred (300) pounds will be collected only if placed 2 in trash bags of a capacity of thirty (30) gallons or less. Any solid waste offered for collection in excess of three hundred (300) pounds shall be deemed an additional pickup. The rates for the collection for such addi tional pickup shall be at the rate for addi tional thirty (30) gallon or less containers as determined by resolution of the City Commission in accordance with S 143-8. Collection of excess solid waste in trash bags will be allowed only on an interim basis pending implementation of a fully automated solid waste collection system. S 143-26. Collection of Solid Waste by City. In lieu of the provisions of S 143-7 (A) (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 (1) garbage cart of solid waste per solid waste pickup; four (4) 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 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. S 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 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. 3 S 143-28. Maintenance; 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, occupant or owner's expense. B. The City will replace, at its own expense, garbage carts damaged or worn through no fault of the resident, occupant or owner. The City will replace, at the resident, occupant or owner's expense, garbage carts damaged or worn through fault of the resident, occupant or owner. The ci ty will replace at its own expense garbage carts which are stolen. The City will replace, at the resident, occupant 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 collection service, water service and/or sewer service the City shall thereafter remove the garbage cart from the premises. Failure on the part of the owner, occupant or resident to return the garbage cart within fifteen (15) days of termination of solid waste collection, water and/or sewer service shall result in the account deposit of such resident, occupant or 4 owner being debited pursuant to the provisions of S 173-3 of this Code. S 143-29. Conflicts. In the event of a conflict between the provisions of SS 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 SS 143-24 through 143-28, inclusive, shall control; provided, however, that the provisions of SS 143-24 through 124-28, 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 relettered 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 relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 5 SECTION FIVE. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 1r!-. day of ~A-t..Cld- ,1995. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Clerk (SEAL) ADVERTISED February 23 ,1995 READ FIRST TIME Feb. 21 ,1995 READ SECOND TIME AND ADOPTED I'\\.A-I\tt'- 7 , 1995, UNDER AGENDA ITEM NO. ~. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM~ LEGALITY this If} day of u% ,1995. By: LARDNER fJc;,~ city Attorney FOLEY , A:\GARBCART.NW21211619S IOCOEE DISK (1103) IPER:dp 6