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HomeMy WebLinkAboutOrdinance 2006-013 ORDINANCE NO. 2006-013 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING CHAPTER 143 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE REGARDING SOLID WASTE; AUTHORIZING THE USE OF ONE ADDITIONAL SOLID WASTE CART BY RESIDENTIAL OCCUPANTS OR OWNERS; PROVIDING FOR THE COLLECTION OF BULK ITEMS FROM RESIDENTIAL OCCUPANTS OR OWNERS; PROVIDING FOR A NON-REFUNDABLE CART DEPOSIT; PROVIDING THAT THE CITY COMMISSION MAY ESTABLISH A METHOD FOR CUSTOMERS TO OPT OUT OF NON-AD VALOREM ASSESSMENT AND PAY CITY FEES AND CHARGES MONTHLY; PROVIDING FOR A PAYMENT IN LIEU OF FRANCHISE FEE OF 25% IF SOLID WASTE COLLECTION SERVICES ARE PROVIDED BY CITY EMPLOYEES; 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 ofOcoee; NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA AS FOLLOWS: SECTION ONE. Authoritv. The City Commission of the City ofOcoee 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. 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 underlines) : See Exhibit A" attached hereto and by this reference made part hereof. 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 ORLA_ 410852.1 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-Iettered 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-Iettered 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 fe-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 (jtA day of :J(A (\-l,., , 2006. APPROVED: ~ ',,- ..\-'. ORLA_ 410588.1 ., FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FOftM AND LEGAWY, TIDS EJ day of:....)V",( , 2006 :~LEr;;Jf~ CITY ArrORNEY ORLA_ 410588.1 ~ CHAPTER 143 SOLID WASTE ARTICLE I - COLLECTION ~ 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. ~ 143-2. Containers required. A. Every occupant or owner of a single-family residence or a multifamily residence containing four or fewer single-family residential units having, keeping or offering for collection any solid waste shall be provided by the City or its franchisee(s) one ninety-six-gallon garbage cart which shall be used by such occupant or owner for the purposes of solid waste collection. One (1) additional 96-gallon or 65-gallon cart may also be purchased by such occupant or owner from the City and may be used for an additional fee as determined by the City. 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 waste in no more than ten (10) lawn bags. Yard waste which does not fit into lawn bags shall be cut less than six feet long and less than six inches in diameter and shall be bundled. Lawn bags shall not exceed 50 pounds each. C. Recyclable materials shall be placed in such containers as specified in S 143-7. D. Commercial establishments shall place all solid waste in containers specified by the City or City's 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 S l43-7B(2). E. Residential construction and demolition debris shall be placed in containers provided by the City or City's franchisee(s) pursuant to the City's franchisee agreement where such debris is subject to collection by the City's franchisee(s) pursuant to S 143-7A(3). This Subsection E shall not apply to debris collected by non-franchise haulers authorized to operate within the City pursuant to other law. ~ 143-3. Placement of containers. A. All solid waste receptacles, garbage carts, lawn bags or recycling receptacles shall be placed within three 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. ORLA_410852.1 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. ~ 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 waste and recyclable materials. No person shall place special wastes (including but not limited to yard 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 waste into lawn bags for collection as yard waste. No person shall place any material other than recyclable materials into recycling containers. ~ 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 S 143-3 hereof, all solid waste, yard waste and recyclable material containers may be placed 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 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 waste shall be placed for collection in a manner consistent with S 143-7 A(2). Yard 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 S 143-12C. C. The waste material permitted to be placed in parkways under Subsection B above shall be neatly placed, and wherever possible such 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 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 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 2 ORLA_ 410852.1 consistent with this article as well as state and federal laws. Nothing in this subsection shall be construed to relieve any person from his or her obligation to comply with all other provisions of this article. ~ 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. ~ 143-7. Removal of solid waste required. A. Residential: (1) 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 waste and recyclable materials removed and disposed of or recycled by the Solid Waste Department or its franchisee(s). (2) Except as provided in S 143-7A(5), the City or its franchisee(s) shall limit its residential collections to one ninety-six-gallon garbage cart picked up twice weekly; ten (10) lawn bags or an amount not to exceed four (4) cubic yards of loose tree or shrub trimmings per yard waste picked up once a week; up to ten (10) bulk items or four (4) cubic yards of bulk items, whichever is greater, picked up once per month; and two recycle bins which will be collected once a week. The City Commission may establish the fees for additional solid waste collection and pick-ups by resolution. (3) Construction and demolition debris from residential locations 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 or City's franchisee(s) if the City has awarded a franchise for such services. In such event, this provision shall be implemented in accordance with the procedures and time frames set forth in S 403.70605, Florida Statutes, and any such franchise agreement. This Subsection A(3) shall not apply to debris collected by non-franchise haulers authorized to operate within the City pursuant to other law. (4) Except as provided in 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 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 or more single-family residential units shall be subject to the provisions of this article 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 waste, collected by the City or City's franchisee(s). It shall be a violation of this article for any person other than the City or franchisee(s) of 3 ORLA_ 410852.1 the City to collect or transport solid waste, other than hazardous waste, used oil or yard 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 or the City's commercial franchisee(s), who shall also be a certified recovered materials dealer. ~ 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. Residential rates shall be based on two (2) pickups per week for solid waste, one pickup per week for yard waste, one (1) bulk pick up per month, and one (1) pickup per week for recyclable materials. Customers requiring additional residential service shall be charged an additional rate to be established by the City Commission in accordance with S 143-8A. C. Billing for solid waste collection service shall be on a monthly basis or as provided in Section 143-9.2 of this Article. 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 or otherwise, shall remain in effect until modified by resolution of the City Commission adopted in accordance with this 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 or fewer single-family residential units shall be treated as single-family units and each unit shall be charged the base rate for solid waste collection established by resolution for each unit, and additional services shall be provided and charged at the same rates as single-family units. B. Commercial establishments. 4 ORLA_ 410852.1 (1) The Public Works Director may permit the use of 96-gallon cart(s) for commercial establishment due to access and other physical constraints of the commercial establishment in his/her discretion. Commercial establishments using trash cans of 96 gallons' capacity pursuant to this section 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 single-family residential units shall be charged for commercial rate for solid waste collection. ~ 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 S 150-7, except as provided in Section 143-9.2 of this Article. 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 an initial account deposit with the City in an amount established by the City Commission by resolution. The deposit will be consist of (i) a non-refundable cart fee portion and (ii) a refundable security deposit portion as security for the payment of any bill which may be due to the City and which amount will be equal to two (2) months of service fees and late fees. (2) Return of refundable deposit portion. The refundable security portion of 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, except as provided in Section 143-9.2 of this Article. It is the owner's responsibility to notify the City of a change in ownership. Failure to receive the bill will not relieve the owner of owner's responsibility to pay the bill. All bills for solid waste collection service shall be rendered monthly, except as provided in Section 143-9.2 of this Article . 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. 5 ORLA_ 410852.1 (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 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 S 143-9.1D. Sixty 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 S 143-7 requiring removal by the City or City franchisee(s) and S 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 landowner at least 30 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. ~ 143-9.2. Alternative Method of Billing and Collection of Fees. A. As an alternative to the monthly billing of the base rate for residential solid waste (garbage) collection service fees and charges as they may from time-to-time be established by resolution pursuant to the provisions of this Chapter, the city may utilize the uniform method for the levy, collection, and enforcement of non-ad valorem assessments as provided in Section 197.3632, Florida Statutes, for such residential solid waste collection service fees and 6 ORLA_41 0852.1 charges. B. In the event that the city utilizes the uniform method for the levy, collection, and enforcement of non-ad valorem assessments for the collection of the base rate for such residential solid waste collection service fees and charges, the city shall continue to use the other billing and collection methods provided in this Chapter for the billing and collection of residential solid waste collection service fees and charges that are not included on the assessment roll adopted pursuant to Chapter 197, Florida Statutes. Further with respect to fees and charges for the collection of residential solid waste, yard waste/yard trash, recyclable materials and for other services provided by the City or a franchisee of the City which are not included in the base rate for residential solid waste (garbage) collection, the City shall continue to use the other billing and collection methods provided in this Chapter for the billing and collection of any such fees and charges not otherwise collected by the uniform method for the levy, collection and enforcement of non-ad valorem assessments. C. In the event the City elects to utilize the uniform method for the levy, collection, and enforcement of non-ad valorem assessments pursuant to Section A above, then the City may, 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, provide a method by which customers may "opt out" of the non-ad valorem assessment and pay all fees and charges directly to the City on a monthly basis. ~ 143-10. Time of placement of containers. No person shall place solid waste containers or yard waste bags or recyclable material containers at the street curb or curbline for collection by the City or its franchisee(s) prior to 5:00 p.m. on the day preceding the day for collection of solid waste, garbage, yard 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 curb line by 7:00 p.m. on the day of collection by the City or its franchisee(s) and shall be placed in an inconspicuous area as set forth in this article. ~ 143-11. Supervision; appeals. A. The Director of Public Works will supervise collection and make recommendations to the City Commission concerning collection. B. 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 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 7 ORLA_ 410852.1 Subsection B hereof, provided that such regulations or modifications are not contrary to the provisions of this article. 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. ~ 143-12. Franchise agreements. A. The City Commission may enter into one or more franchise agreements with one or more persons or entities to provide the following collection and disposal services within the City: (1) Commercial and multifamily solid waste, including commercial construction and demolition debris, (2) Residential yard and bulky waste, (3) Residential solid waste and recyclable materials, and/or (4) Residential construction and demolition debris. Each franchise agreement shall contain the name of the person or entity being awarded the franchise; the 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 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 years with an option to extend the franchise agreement for up to two years or as provided in S 143- 121. 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. C. The compensation for franchisee(s) under this article shall be in accordance with the provisions of franchise agreement. The City or its designee franchisee(s) shall bill and collect all fees and charges for 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 25% of the total fees and charges collected. 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 services shall include all such fees and charges. D. 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 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 or more franchise agreements. In determining which proposal will be accepted, the City will consider such factors as the 8 ORLA_ 410852.1 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 S 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 30 days' notice of the hearing and the proposed action by publication once a week for four 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 one 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 S 143- 12D. H. The City may, at its option, combine one or more franchise agreements into a single franchise agreement. 1. Extensions to one or more franchise agreements may be made upon agreement of the franchisee and the City for the purpose of adjusting the length of such franchise agreement in order to facilitate the combination of franchises for different types of solid waste collection servIces. J. The City Commission may elect to provide the services listed in Subsection A of this Section 143-12 on an exclusive basis utilizing City employees. If such services are provided exclusively by the City pursuant to this Subsection J, the City may charge and collect a payment in lieu of franchise fee in an amount not to exceed 25% of the total fees and charges collected, which funds may be utilized by the City for general fund purposes. ~ 143-13. Identification of recyclables. The following recyclable materials are considered suitable for curbside collection by the City or its franchisee(s): all aluminum cans; steel cans; three classifications of glass (brown, green and white); paper goods, including newspaper and computer paper; 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 S 143-11A. ~ 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 9 ORLA_ 410852.1 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. ~ 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 posted on the premises or delivered to the owner or occupant of the premises shall be deemed a violation of this article. ~ 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. ~ 143-17. Preparation of recyclable materials. Those 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 40 pounds of weight. ~ 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. ~ 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, 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. 10 ORLA_41 0852.1 ~ 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. ~ 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 S 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 S l43-20.1A. ~ 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 S 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. 11 ORLA_ 410852.1 ~ 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 ofthis 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. ~ 143-23. Penalties for offenses. A. Any person violating any provision of this article shall, upon conviction, be punished as provided in S 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. ~ 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 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 96 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 200 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 143-2A hereof; provided, however, that the provisions of S 143-2B through D, inclusive, shall remain in effect with regard to such residents, occupants or owners provided with garbage carts. ~ 143-25. Use of garbage carts; prohibited uses. A. All persons offering solid waste other than as specified in S 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 S 143-25B in the garbage cart for collection. B. No person shall place any special wastes, including but not limited to yard waste, lawn clippings, leaves, tree trunks or limbs, used oil and construction and demolition debris, 12 ORLA_ 410852.1 hazardous wastes, recyclable materials, hot ashes or hot materials in any garbage cart. The City or its franchisee(s) shall have no obligation to collect any of the foregoing placed in any garbage cart. e. 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 200 pounds in any garbage cart. Any solid waste offered for collection in excess of 200 pounds shall be deemed an additional pickup. The rates for the collection for such additional pickup shall be determined by resolution of the City Commission in accordance with S 143-8. ~ 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 franchisee(s) shall limit its residential collections to one (1) garbage cart of solid waste per solid waste pickup, up to ten (10) lawn bags or an amount not to exceed four (4) cubic yards ofloose tree or shrub trimmings per yard waste pickup, up to ten (10) bulk items or four (4) cubic yards of bulk items, whichever is greater, and two (2) recycle bins per recycling pickup. The City or its franchisee(s) shall collect residential solid waste from garbage carts twice per week, yard waste once per week, bulk items once per month, and recyclables once per week. ~ 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 within three 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. ~ 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 13 ORLA_ 410852.1 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 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. e. 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 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 equal monthly installments. ~ 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 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). 14 ORLA_ 410852.1