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HomeMy WebLinkAboutOrdinance 2003-32 ORDINANCE NO. 2003-32 c 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, Y ARD 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 ofOcoee. 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 ofOcoee, 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): o CHAPTER 143 SOLID WASTE ARTICLE I - COLLECTION SECTION 143-1. Definitions. For purposes of this Article, all terms and words shall have the meaning set forth in the definitions contained in Part IV of Chapter 403, Florida Statutes, and in state administrative rules adopted pursuant to Part IV of Chapter 403, as such statutes and rules may be amended from time to time. SECTION 143-2. Containers Required. I" \.... 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 provide f-or be orovided bv the purpose City or its franchisee(s) one or more watertight plastic (1) 96 l.mllon 2:arballe cart which shall be used bv such occuoant or metal receptaeles having proper handles and a tight fitting cover of a capacity of 30 gallons of a type approved by owner for the Solid Waste Department oumoses of solid waste collection. No other container will be oermitted to be used for this oumose. B. All residents, occupants or owners of a residential premises in the city shall place all yard tmsk-waste in no more than five (5) lawn bags. Yard tfash waste which does not fit into lawn bags shall be collected through special arrangement '.vith the city as set forth cut less than 6 feet 10n2: and less than 6 inches in ~ 143 7 or by a private hauler diameter and shall be bundled. Lawn ballS shall not exceed 50 oounds each. C. Recyclable materials shall be placed in such containers as specified in SI43-7. 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 S 143-7B(2). E. Residential construction and demolition debris shall be olaced in containers orovided bv the City's franchisee(s) oursuant to the City's franchisee allreement where such debris are subiect to collection bv the City's franchisee(s) oursuant to S 143-7 A(3). SECTION 143-3. Placement of Containers (: A. All solid waste receptacles, (llarballe 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 deliverv bv the U.S. Postal Service. B. Unless exoresslv oermitted bv the Director of Public Works. containers for residential construction and demolition debris shall be olaced on the orivate orooertv of the owner and shall not block a rillht of wav or sidewalk. 2 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 tfash-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 (includinll motor oil and wet oaint) into containers used for garbage collection. No person shall place any material other than yard tfash-waste into lawn bags for collection as yard tfaslr-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. Subiect to the orovisions of S 143-3 hereof. all 8~01id waste, yard tfash 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 tfaslr-waste shall be placed for collection in a manner consistent with S 143-7A(2). Yard tfash-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 olaced for collection in a manner consistent with ~ 14 3-12C. 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 3 /- .. '''' c 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. ^ I.. A.. Removal by city. A. Residential: (1) All-Exceot 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 tfash-waste and recyclable materials removed and disposed of or recycled by the Solid Waste Department or its designee and for such service, or the a';ailability of such service, shall pay the city the fees at rates established by resolution of the City Commission franchisee(s), (2) Except as provided in S 143-7A(5), the city or its designee franchisee(s) shall limit its residential collections to three thirty one (1) ninety-six gallon containers per solid waste pickup: f{)ur llarballe cart oicked uo twice weekly: five ill lawn bags or an amount not to exceed one and one half two (2) cubic yards of loose tree or shrub trimmings per yard waste pickup oicked uo once a week and two QLrecycle bins per recycling pickup which will be collected once a week. The city shall collect residential solid \yaste twice per week, yard trash once per week and recyclables once per '.veek. The city City Commission may collect establish the fees for additional thirty solid waste collection and oick-gallea containers of solid wasteuos bv resolution. (3) Construction and demolition debris from residential locations but-where the volume of debris is sufficient to reauire the use of a roll-off or other similar on-site stora2:e container. as determined bv the City. shall be collected bv the City's franchisee(s) if the City has awarded a franchise for such services. In such event. this orovision shall collect an additional fee for each additional container. The City Commission may establish the fees for additional solid waste containers 4 by resolution be imolemented in accordance with the orocedures and time frames set forth in S403.70605. Florida Statutes and any such franchise allreement. c (3) The city may provide for the collection of construction and demolition debris and yard trash in excess of the amount specified in ~ 143 7/'.(2) from residential loeations at rates established by resolution of the City Commission. Residents, occupants or o'.vners of premises shall arrange f{)f collection of residential construction and demolition debris or excess yard trash by the City Solid Waste Department or a private hauler. (4) Except as provided in SubsectioFl A(3) above a resolution bv 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 iFldicate that the item was not collectible. The resident occupant or owner of the premises who placed the waste f{)r collection shall immediately 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(st The City Commission may by resolution establish rates for the collection of excess waste or tagged items by resolution. (5) Multifamily residential units containing four (1Lor more single-family residential units shall have their solid waste collected by be subiect to the eity!s franchise in orovisions of the-same mar.ner as that provided for this Chaoter lloveminll 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 tFa5h-waste collected by the city's franchisee~. It shall be a violation of this Article for any person other than the franchisee~ of the city to collect or transport solid waste, other than hazardous waste, used oil or yard tfash-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~, who shall also be a certified recovered materials dealer. SECTION 143-8. Service Rates; Billing. c A. Solid waste collection service rates shall be established by the City Commission by resolution after a public hearing preceded by at least seven ill 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 5 new rate be retroactive to the beginning of the billing period in which the resolution is passed. o B. Rates Residential rates shall be based on two !2;Lpickups per week for solid waste, one DlPickup per week for yard tfash-waste and one Lllpickup per week for recyclable materials. Customers requiring more additional frequent residential service shall be charged a proportionally higher an additional rate to be established bv the City Commission in accordance with ~143-8A. C. Billin2: for solid waste collection service shall be on a monthly basis. Billinll mav be oerformed bv the City or its franchisee( s). as determined bv the City. If billinll is oerformed bv the City's franchisee(s). the City may reauire that oavment be made directlv to such franchisee( s). D. Anv rate currentlv chamed bv the City or its franchisee(s). whether adooted bv resolution of otherwise. shall remain in effect until modified by resolution of the City Commission adooted 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 ~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 contammg 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 ~ninetv-six (96) gallons! or less capacity each shall be charged the base rate for solid waste collection established by resolution for each can. (2) Commercial establishments using dumpsters shall be charged a commercial rate for solid waste collection established by resolution. o (3) Multiole-familv residential units containinll more than four (4) sinllle- family residential units shall be char2:ed for commercial rate for solid waste collection. 6 SECTION 143-9.1. Billing and collection of fees. c A. Ifthe 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. 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: orovided. however. that the owner may reQuest that the City send the bill to the rellistered 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 montWy. 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 7 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 SECTION 143-10. Time of Placement of Containers. 1"', ... No person shall place solid waste containers or yard tFaslr-waste bags or recyclable material containers at the street curb or curb line 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 tfash-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. 8 SECTION 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 bv 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 001 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. Cammereial Franchise Agreements. " .., A. The City Commission may enter into a-one (1) or more franchise agreement allreements with one (1) or more persons or entities to provide commercial the followinll collection service and disoosal services within the city~ (a) commercial and multifamilv solid waste. includinll commercial construction and demolition debris. (b) residential 'lard and bulkY waste. (c) residential solid waste and recvclable materials. and/or (d) residential construction and demolition debris. ~Each franchise agreement shall contain the name of the person or entity t&-beinll collect awarded the solid \\'aste other than hazardous waste, used oil and yard trash from franchise: the {commercial and multifamily } residential accounts franchise ri2:ht beinll llranted; 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 bv the City Commission. Each franchise allreement mav be exclusive as to the applicable territory, and the term may be up to five (5) years with an ootion to extend the franchise allreement for uo to two (2) years or as orovided in &143-121. B. Franchise agreements may also provide for a nonexclusive franchise for the collection of recyclable materials from commercial establishments. However, 9 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. I' ,.., C. The compensation for franchisees franchisee( s) under this Article shall be in accordance with the rates established for the collection orovisions of commercial accounts by resolution and as otherwise agreed 1:lpon by the city and the franchisee franchise a2:reement. The city or its designee franchisee( s) shall bill and collect all fees and charges for commercial garbage collection and disoosal 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 oaid. as the case mav be. an administrative fee in an amount not to exceed five oercent (5%) of the total fees and chames collected in order to defray costs associated with the administration of the franchise. The City mav also collect from such franchisee(s) such other fees and charlles as mav be set forth in the franchise allreement. The rates chamed for commereial solid waste collection services shall include all such fees and chames. D. +he-If the City Commission decides to seek orooosals 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 from commercial establislunents; 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 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 comolvinll with the orovisions of Section 403.70605. Florida Statutes. mav enter into a franchise a2:reement with (1) or more oersons or entities to orovide collection service for residential construction and demolition debris within the city. Such franchise mav be awarded as a seoarate franchise a2:reement or awarded to an existinll franchisee. ........... G. Any services not subiect to an existin2: franchise allreement as of AUllust 1. 2003 mav be awarded to an existinll franchise holder of the city on terms and conditions as mav be determined bv the City Commission without lloinll throu2:h the orocess set forth in Section 143-12.D. ........ 10 H. The city mav. at its ootion. combine one (1) or more franchise a2:reements into a sinllle franchise allreement. (; I. Extensions to one (1) or more franchise allreement mav be made uoon allreement of the franchisee and the city for the oumose of adiustinll the lenllth of such franchise allreement in order to facilitate the combination of franchises for different tyoes 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 but not magaziaes; 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. 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, 11 ~ sidewalk, alley, parkway or other public place or into any occupied premises within the ~itv. SECTION 143-17 Preparation of Recyclable Materials. o 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(st 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 curb line for collection according to a schedule to be determined by the Department of Public Works, and the weight of each container shall not exceed forty (40) pounds of weight. B. Those residents of multifamily residential l:lIlits v.ho voluntarily partICIpate in the recycling program shall have their recyclable materials collected by the city or its designee. ProvisioFls regarding the collection of recyclables from multifamily residential units may be established pursuant to the procedures set forth in ~ 143 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. o 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(st From the time of placement at the curb by any resident ef recyclable material f{)f collection by the City of Ocoee purSWHlt 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(st 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. 12 - SECTION 143-20 Responsibility of Owner/Occupant. o 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 ONL y." (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- 20.1 A. SECTION 143-21 Recovered Material Dealers. A. Effective January 1, 1994, no recovered materials dealer shall engage in business within the city without having first provided the Solid Waste Department with a copy of its current Florida Department of Environmental Protection dealer certification. G 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. 13 - """ .., 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 ounished 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. SECTION 143-24 Required Use of Garbage eartsCans. c 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-ttvesix (%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 threetwo hundred (~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 14 ... ~ w 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 ~ 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 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. All solid 'Naste other than as specified in ~ 143 258 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~ tincluding but not limited to yard tfash-waste, lawn clippings, leaves, tree trunks or limbs, used oil and construction and demolition debris:), hazardous wastes, recyclable materials, hot ashes or hot materials in any garbage cart. The city or its designee franchisee( s) shall have no obligation to collect any of the foregoing placed in any garbage cart. C. No person shall bum, 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 (JOO200) 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 in trash bags of a capacity of thirty (30) gallons or less. Any solid waste offered for collection in excess of three-two hundred (JOO200) pounds shall be deemed an additional pickup. The rates for the collection for such additional pickup shall be at the rate f{)r additioFlal thirty gallon or less containers as determined by resolution of the City Commission in accordance with S 143-8. Collection of excess solid '.vaste in trash bags will be allowed only on an interim basis pending implementation of a fully automated solid waste collection system. SECTION 143-26 Collection of Solid Waste By City. c 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 designeefranchisee( s) shall limit its residential collections to one (1) garbage cart of solid waste per solid waste pickup, fetif five (4,2,) lawn bags or an amount not to exceed one and one half (1 1/2) two (2) cubic yards of loose tree or shrub trimmings per yard waste pickup and two (2) recycle bins per recycling pickup. 15 The city or its franchisee(s) shall collect residential solid waste from garbage carts twice per week, yard tfash-waste once per week and recyclable once per week. o 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 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 montWy installments. 16 c D. UpOFl the termination of solid waste collection service, \vater service and/or se\ver service, the city shall thereafter remove the garbage cart from the premises. Failure on the part of the ov.ner, occupant or resident to return the garbage cart within fifteen (15) days of termination of solid wilste collection, ,vater service and/or sewer service shall result in the account deposit of such resident, occupant or o't'mer being debited pursuant to the provisions of ~ 173 3 of 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 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(st 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-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 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 --1it.L-day of~ 2003. APPROVED: ,....... .., ATTEST: CITY OF OCOEE, FLORIDA I I 17 Q I) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FOI3.M AND LEG~!D'P!I1IS . / b day of )~, 2003 ::LEtMt:~ CITY A ITORNEY ADVERTISED~JJ.1,AMibv l./ ,2003 READ FIRST T~ ~U.5u.st 5 ,2003 REA SECOND TIME AND ADOPTED , 2003 UN ER AGENDA ITEM NO. ~ 18