Loading...
HomeMy WebLinkAboutOrdinance 2003-23 OCOEE CITY COMMISSION ~()O~ ,)3 Page 2 of7 A. Approval of Minutes of Ocoee City Commission Regular Session of May 20, 2003. (City Clerk Grafton) I. Approval of the Distribution of $766,258 of Federal Fiscal Year 2004 Byrne Formula Grant' Program Funds for Projects Listed and Authorization for Mayor to Execute Letter Advising the Department of Community Affairs of the City's Approval of the Proposed Distribution of the Anti-Abuse Act Funds. (Police Chief Goclon) The decisions on what projects were to be funded by the grant were made by representatives from the Orange County Sheriff s Office and municipal police departments within Orange County, with the approval of city governments. This will be the fourth year for the Ocoee Police Department's Crime Analysis IV Project in which Ocoee is being awarded $44,728. II. Approval and Authorization for Mayor and City Clerk to Execute the Joint Participation Agreement with State of Florida Department of Transportation. (Assistant to the City Manager Shira) Approval of this Agreement will authorize the City of Ocoee to design and construct certain streetscape improvements to the downtown McKey Street area and will provide up to $850,000 from the State of Florida for completion of the project. III. Approval and Authorization for Mayor and City Clerk to Execute Final Plat of Windsor Landing Subdivision - Phase II. (Public Works Director Wheeler) This plat consists of 70 single-family lots located on the east side of Maguire Road, northwest of Parkridge- Gotha Road. All required documentation pertaining to the platting of this subdivision has been reviewed and approved by City Staff. The Developer has posted a Performance Bond in the amount of$133,705.85 for the remaining improvements to be constructed. IV. Approval of Reappointment of Bill Henderson to Serve Another 3-Year Term on Code Enforcement Board. (City Clerk Grafton) The term of Member Bill Henderson will end June 2003. He is willing to serve a new 3-year term to end June 2006. ~, No' e", T,'lIlJtfO 8u~md Rtftdin.g 6fOldinanu N6. 299323, Amtn.din.g Chaptn 143 legal ding 86lid V/a:de. (Pl1blie '" 31 k~ Dil tet31 '~/Ilttll.l) HEARING CANCELLED This item will be advertised again and presented for first reading on June 17. PUBLIC HEARINGS Wines Property, Project No. LS-02-009, Preliminary Subdivision Plan. (Community Development Director Wagner) Community Development Director Wagner gave the staff report. The Wines Property, an abandoned citrus grove, is located at 2500 Ocoee-Apopka Road, Parcel Tax ID 06-22-28-0000-00-001. The Preliminary Subdivision Plan proposes 100 single-family residential lots on 38 acres located on the west side of Ocoee- Apopka Road, approximately 600 feet north of West Road. The eastern edge of the property abuts a wetland area, which will be placed in a conservation easement dedicated to the City. The surrounding land to the north, west, and south is being developed as Westyn Bay Subdivision zoned R- IAA and Townhomes zoned R-3; to the east is undeveloped property zoned R-IAA, and an agricultural building on a 4.5 acre parcel with Orange County A-I zoning. On the east side of Ocoee-Apopka Road is undeveloped land zoned R-IA and A-I in the City. As shown in the Preliminary Subdivision Plan, Wines Property Subdivision will have one point of access on Ocoee-Apopka Road. Left and right turn lanes into the subdivision will be provided. Anticipating the future widening of Ocoee-Apopka Road, an additional 35 feet of right-of-way will be dedicated by the property owner to the City. This subdivision will not be gated. A pedestrian access easement will be provided, allowing pedestrian access between Wines Property and Westyn Bay. There will be a 6-foot brick wall with appropriate landscaping along Ocoee-Apopka Road. Water and wastewater will be provided by Orange County. http://www.ci.ocoee.f1.us/CityClerk/ AgendaCC20030617 /Clerk/MinutesCC2003 _06_ 03/Minutes... 4/23/2004 ORDINANCE NO. 2003-23 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING AND RESTATING IN ITS ENTIRETY CHAPTER 143 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE REGARDING SOLID WASTE; AMENDING PROVISIONS, AMONG OTHERS, RELATING TO GARBAGE CART REQUIREMENTS, PLACEMENT AND LIMITS, YARD WASTE SIZE REQUIREMENTS AND MULTI-FAMILY RECYCLEABLES; PROVIDING A PROCEDURE FOR COLLECTING DELINQUENT ACCOUNTS; PROVIDING FOR THE COLLECTION OF RESIDENTIAL CONSTRUCTION AND DEMOLITION DEBRIS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICA TION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to amend Chapter 143 (Solid Waste) of the Code of Ordinances of the City of Ocoee. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA AS FOLLOWS: SECTION ONE. Authoritv. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes.. SECTION TWO. Amended and Restated Chapter 143. Chapter 143 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows (with deletions stricken and additions underlined): CHAPTER 143 SOLID WASTE ARTICLE I - COLLECTION SECTION 143-1. Definitions. For purposes of this Article, all terms and words shall have the meaning set forth in the definitions contained in Part IV of Chapter 403, Florida Statutes, and in state administrative rules adopted pursuant to Part IV of Chapter 403, as such statutes and rules may be amended from time to time. SECTION 143-2. Containers Required. A. Every occupant or owner of a single-family residence or a multifamily residence containing four (4) or fewer single-family residential units having, keeping or offering for collection any solid waste shall provide forbe provided bv the pnrposeCity one (1) or more '.vatertight plastic or metal receptacles having 006.280901. proper handles and a tight fitting cover of a capacity of thirty (30) gallons of a type appro'.'ed96 gallon garbage cart which shall be used by such occupant or owner for the Solid \\Taste Depm1mentpurooses of solid waste collection. No other container will be permitted to be used for this purpose. B. All residents, occupants or owners of a residential premises in the city shall place all yard tffishwaste in lawn bags. Yard tffishwaste which does not fit into lawn bags shall be collected through special arrangement 'Nith the city as set fuftflcut less than 6 yards long and less than 6 inches in S 1 ,13 7 or by a private lnrulefdiameter. 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's franchise pursuant to the commercial franchise agreement approved by the city. Collection of recyclable materials from commercial establishments shall be performed in accordance with S 143-7B(2). E. Residential construction and demolition debris shall be placed in containers provided by the City's franchisee pursuant to the City's franchisee agreement where such debris are subiect to collection by the City's franchisee pursuant to ~ 143-7 A(3). SECTION 143-3. Placement of Containers. All solid waste receptacles ( garbage carts), lawn bags or recycling receptacles shall be placed as near within 3 feet of the street or right-of-way of the premises as practicable or in a location designated by the Solid Waste Department, so as not to block the mail box or hinder the delivery by the U. S. Postal Service. 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 tffishwaste and recyclable materials. No person shall place special wastes (including but not limited to yard tffishwaste, and construction and demolition debris) or hazardous wastes into containers used for garbage collection. No person shall place any material other than yard tffishwaste into lawn bags for collection as yard trash. No person shall place any material other than recyclable materials into recycling containers. SECTION 143-5. Prohibited Accumulations and Deposits; Exceptions. A. It shall be unlawful for any person to place or deposit or cause to be placed or deposited upon any of the streets, gutters, sidewalks, parkways, thoroughfares, 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, 2 006.280901. 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 provisions of ~ 143-3 hereof, all Solid waste, yard trash and recyclable material containers may be placed eyfor collection in an easily accessible location as near the street right-of-way as practicable, on the property of the owner or tenant or on the parkway immediately in front of and contiguous to his property. Special wastes, other than yard trash, construction and demolition debris and hazardous wastes shall be placed in proper containers on the property for collection by private haulers and shall not be placed in the parkway. Yard trash shall be placed for collection in a manner consistent with S 143-7 A(2). Yard trash which exceeds the amount which is collected by the city may be placed in the parkway, provided that arrangements have been made for its prompt collection. Construction and demolition debris shall be placed for collection in a manner consistent with 9143-12C. C. The mattefwaste material permitted to be placed in parkways under Subsection B above shall be neatly placed, and wherever possible such mattefwaste material shall be placed so as to allow the convenient passage of persons and conveyances lawfully in such parkways. D. It shall be unlawful for any person to disturb or to scatter or spread about or cause to be disturbed or to scatter or to be spread about any of the matterwaste material described in Subsection B above. E. It shall be unlawful for any person to permit or allow any solid waste or recyclable material to accumulate or remain upon any private property located in the city when the same is hazardous to the health and safety of any of the inhabitants of the city. F. The city may require that any person within the municipality demonstrate the existence of a contract or arrangement by which such person will dispose of solid waste in a manner consistent with this Article as sellwell as state and federal laws. Nothing in this paragraph shall be construed to relieve any person from their obligation to comply with all other provisions of this Article. SECTION 143-6. Prohibited Discharge of Fluids. No person shall discharge on any street or alley or on his own or the premises of another any foul or fetid water or fluid substance or throw thereon any decaying flesh or vegetable or other offensive or noisome matter. SECTION 143-7. Removal of Solid Waste Required. A. Removal by the City: 3 006.280901. (1) All residents and occupants or owners of residential premises in the city shall be required to have accumulations of solid waste, yard tffishwaste and recyclable materials removed and disposed of or recycled by the Solid Waste Department or its designee and for such service, or the availability of such service, shall pay the city the fees at rates established by resolution of the City Commission. (2) Except as provided in S 143-7 A( 5), the city or its designee shall limit its residential collections to threeone (~1) tltifl:yninety-six gallon containers per solid 'Naste pickup: fourgarbage cart picked up twice weekly; five (4~) lawn bags or an amount not to exceed one and one-half (-l--l-1l/2) cubic yards of loose tree or shrub trimmings per yard waste pick'.lPpicked up once a week and two (2) recycle bins per recycling pickup which will be collected once a week. The city shall collect residential solid v/aste t'.vice per '.veek, yard trash once per week and recyclables once per '.veek. The city City Commission may collect additional thilty gallon containers of solid \vaste establish the fees for additional solid waste collection and pick-ups by resolution. (3) The city may provide for the collection of Construction and demolition debris and yard trash in excess of the amount specified in S 113 7A(2) from residential locations at rates established by resolution of the City Commission. Residents, occupants or o,+-,,'ner~j of premises shall arrange for collection of residential construction and demolition debris or excess yard trash by the City Solid Waste Department or a private hauler where the volume of debris is sufficient to require the use of a roll-off or other similar on-site storage container shall be collected by the City's franchisee. This provision shall be implemented in accordance with the procedures and time frames set forth in ~ 143-12G. (4) Except as provided in Subsection /\(3) above a resolution by the City Commission, all containers, bags, receptacles and items left for collection which exceed the limits set forth in this section shall not be collected by the city but shall be tagged to indicate that the item wus not collectible. The resident occupant or ovmer of the premi~;es who placed the waste for 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. The City Commission may establish rates for the collection of excess waste or tagged items by resolution. (5) Multifamily residential units containing four (4) or more single-family residential units shall have their solid waste collected by the city's franchise in the same manner as that provided for commercial establishments. B. Commercial establishments. (1) All commercial establishments in the city shall have all solid waste, other than hazardous waste, used oil or yard tffishwaste collected by the city's 4 006.280901. 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 tffishwaste 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. A. Solid waste collection service rates shall be established by the City Commission by resolution after a public hearing preceded by at least seven (7) days' notice of the hearing and the proposed action by publication in a newspaper of general circulation in the City of Ocoee. The resolution may provide that the new rate be retroactive to the beginning of the billing period in which the resolution is passed. B. Rates shall be based on two (2) pickups per week for solid waste, one (1) pickup per week for yard trash and one (1) pickup per week for recyclable materials. Customers requiring more fr6qu6ntadditional service shall be charged a proportionr,lly higheran additional rate to be established by the City Commission in accordance with ~143-8A. C. Billing for solid waste collection service shall be on a monthly basis. SECTION 143-9. Charges and Delinquent Accounts. A. Residential premises. (1) Single-family residential units shall be charged the base rate for solid waste collection established by resolution. (2) Multiple-family residential units containing four (4) or fewer single-family residential units shall be charged the base rate for solid waste collection established by resolution for each unit. (3) Multiple-family residential units containing more than four (4) single- family residential units shall be charged for commercial rate for solid waste collection. B. Commercial establishments. 5 006.280901. (1) Commercial establishments using trash cans of tltifl:yninety-six (J.G.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. 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, including, but not limited to termination of service, retaining a collection agency or attorney, initiating legal proceedings, or recording a Notice of Lien on the property as provided in ~143-9D. Sixty (60) days after the filing ofa 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 attorney's 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 and ~ 143-14 regarding the storage of solid waste. The City and its franchisee may charge a late fee of up to $100 for any delinquent account. D. Notice of Liens may be filed on the real property of the residential premises or commercial establishment where payment of charges are delinquent as recorded herein. Notice of delinquency shall be provided to the person responsible for payment of solid waste collection and to the land owner at least thirty days prior to the filing of a Notice of Lien. To provide public notice of the deficiency the City may (but shall not be obligated to) record a Notice of Lien in the Public Records of Orange County, Florida, stating the description of the real property, the name of the Owner of the real property, the name of the account holder and the amount due and owing to the City. SECTION 143.10. Time of Placement of Containers. No person shall place solid waste containers or yard trash bags or recyclable material containers at the street curb or curb line for collection by the city or its franchisees prior to 5 :00 p.m. on the day preceding the day for collection of solid waste, garbage, yard trash or recyclable material according to the schedule established by the Department of Public Works, as may be modified from time to time. Such containers shall be removed from the street curb or curbline by 7:00 p.m. on the day of collection by the city or its franchisees and shall be placed in an inconspicuous area as set forth in this Article. 6 006.280901. SECTION 143.11. Supervision; Appeals. The Director of Public Works will supervise collection and make recommendations to the City Commission concerning collection. A. All solid waste and recyclable material accumulated in the city shall be collected, conveyed and disposed of by the city under the supervision of the Director of Public Works, except as otherwise provided within this Article. The Director shall have the authority to make recommendations concerning the days of collection, type and location of solid waste and recyclable material containers and such other matters pertaining to the collection, conveyance and disposal as he shall find necessary and to change and modify the same after notice published in a newspaper of general circulation at least ten (10) days in advance of the effective date of such change or modification, said notice to indicate that persons aggrieved shall have the right of appeal to the City Commission, as provided in Subsection B hereof, provided that such regulations or modifications are not contrary to the provisions of this Article. B. Appeals. Any person aggrieved by a regulation of or fee charged by the Director shall have the right of appeal to the City Commission, which shall have the authority to confirm, modify or revoke any such regulation or fee. SECTION 143.12. Commercial and Residential Construction and Demolition Debris Franchise Agreements. A. The City Commission may enter into a franchise agreement with one (1) or more persons or entities to provide commercial collection service within the city-;- and for the collection of construction and demolition debris from residential locations. The franchise agreement shall contain the name of the person or entity to collect the solid waste other than hazardous waste, used oil and yard trash from the commercial and multifamily residential, and residential accounts; the length of the franchise; the territory of the franchise; the performance bond and the conditions thereof to be furnished by the franchisee; insurance requirements for the franchisee; frequency of collection; and such reasonable terms, restrictions and rules regarding collections as the city may determine necessary in order to implement the safe and efficient collection of commercial solid waste. The franchise agreement shall be exclusive as to the applicable territory, and the term may be up to five (5) years. B. Franchise agreements may also provide for a nonexclusive franchise for the collection of recyclable materials from commercial establishments. However, nothing in this Article or any franchise agreement shall restrict the ability of a commercial establishment to enter into a contract with a certified recovered materials dealer to collect, transport, process or receive recovered materials. 7 006.280901. C. Franchise agreements may also provide for the collection of construction and demolition debris from residences in excess of quantities set forth in ~ 143-2. The franchisee may specify the containers and frequencv of such collections. No franchise for construction and demolition debris shall be effective until the City has complied with ~143.12G. G-:D. The compensation for franchisees under this Article shall be in accordance with the rates established for the collection of commercial accounts by resolution and as otherwise agreed upon by the city and the franchisee. The city or its designee shall bill and collect all fees and charges for commercial garbage collection, and the city shall retain or 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 for commercial solid waste collection. The City may also collect from such franchisee such other fees and charges as may be set forth in the franchise agreement. -9,E. The city shall prepare proposal documents and receive competItIve proposals from applicants for commercial collection within the city. The City Commission may accept the proposal which it deems to be in the best interest of the city and enter into one (1) or more franchise agreements. In determining which proposal will be accepted, the city will consider such factors as the proven ability of the applicant to efficiently collect solid waste from commercial establishments; the type and amount of equipment; the proposed performance bond and insurance; frequency of collection; and other factors deemed appropriate by the city. BE. 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. G. Pursuant to ~403.70605, Florida Statutes, the City has held a public hearing on the proposed extension of city franchises services to residential construction and demolition debris, published public notice of such hearing, provided 45 days notice of such hearing to private waste hauling companies known to provide services within the City, and requested information from such companies regarding any residential construction and demolition debris customers within the Citv in the previous 15 months as well as the gross receipts from all such accounts. The City franchisee shall begin collection of residential construction and demolition debris 60 days from the effective date of this ordinance. All companies who have collected residential construction and demolition debris within the City in the past 15 months and have notified the City that such collections have occurred shall be allowed to continue to collect residential construction and demolition debris within the City for three years unless the City elects to pay such company an amount equal to the company's preceding 15 months gross receipts. 8 006.280901. SECTION 143.13. Identification of Recyclables. The following recyclable materials are considered suitable for curbside collection by the city or its designee: all aluminum cans; steel cans; three (3) classifications of glass (brown, green and white); paper goods, including newspaper and computer paper but not magazines; and plastics, such as two-liter soft-drink containers and plastic-coated drink cartons. The materials which are suitable for the curbside recycling program may be changed from time to time pursuant to the procedures set forth in S 143-11 A. 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, sidewalk, alley, parkway or other public place or into any occupied premises within the City. SECTION 143.17 Preparation of Recyclable Materials. A. Those residents who voluntarily participate in the recycling program established hereby shall separate recyclable material from other solid waste and place the recyclable material in the plastic containers provided by the City of Ocoee. However, if the volume of recyclable material is too great to fit into the plastic containers furnished by the city, then the recyclable material may be stacked and bound with a nonmetallic substance (e.g., rope, string or plastic) or placed in a large brown paper bag. All recyclable material being placed in approved containers provided by the City of Ocoee shall have been drained of all 9 006.280901. free liquids before being placed curbside for collection by the city. 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 units who voluntarilywish to participate in tfl.e~ recycling program shall fla:\,<emake their recyclc.ble materials collected by the city or its designee. Pro';isions regardingown arrangements for the collection of recyclables from multifamily residential units may be established pursuant to the procedures set f0l1h in S 113 ll.~ SECTION 143.18 Frequency of Collection of Recyclable Materials. Recyclable materials accumulated by residences shall be collected at least once each week and otherwise as may be deemed necessary by the Director. SECTION 143.19 Ownership of Recyclable Materials. All recyclable material shall be separated from nonrecyclable material and placed in the plastic containers furnished by the city. From the time of placement at the curb by any resident of recyclable material for collection by the City of Ocoee pursuant to the program established hereby and the mles and regulations issued hereunder, such materials shall become and be the property of the City of Ocoee. Furthermore, it shall be a violation of this Article for any person, other than authorized personnel of the City of Ocoee, to collect, pick up or cause to be collected or picked up any such recyclable material. SECTION 143.20 Responsibility of Owner/Occupant. No person having custody or control of residential, industrial or business premises from which recyclable materials 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 MA TERIALS 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. 10 006.280901. 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 143- 20.1A. SECTION 143.21 Recovered Material Dealers. A. Effective January 1, 1994, no recovered materials dealer shall engage in business within the city without having first provided the Solid Waste Department with a copy of its current Florida Department of Environmental Protection dealer certification. B. Effective January 1, 1994, recovered materials dealers shall register with the city. Such registration shall set forth the dealer's name, including the owner and operator of the dealer, and if the dealer is a business entity, its general or limited partners, its corporate officers and directors, its permanent place of business, evidence of certification with the Florida Department of Environmental Protection and a certification that the recovered materials will be processed at a recovered materials processing facility which meets the requirements of state law. The city may establish by resolution an application fee for dealer registration to cover the costs of administering 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. 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 11 006.280901. SECTION 143.23 Penalties for Offenses. A. Any person violating any provision of this Article shall, upon conviction, be punishablepunished 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 Cans. The Director of Public Works may designate areas within the corporate limits of the city where garbage carts, as hereinafter defined, shall be provided to every resident, occupant or owner of a single-family residence or a multifamily residence containing four (4) or fewer single-family residential units having, keeping or offering for collection any solid waste. All references in this Article to "garbage carts" shall mean a container, owned by the city and provided to residents, occupants or owners as set forth herein, of ninety-fi..vesix (%96) gallons! capacity on wheels for rolling with a nonremovable hinged lid, suited to automatic dumping equipment utilized by the city and intended to contain not over tflreetwo hundred (JOO200) 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. 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 and who have been provided a garbage cart by the city shall place all solid waste other than as specified in S 143-25B in the garbage cart for collection. All solid waste other than as specified in ~ 113 258 to be placed in a garbage CUlt shall be placed in trash bags to the extent practicr.ble. B. No person shall place any special wastes~ (including but not limited to yard trash, lawn clippings, leaves, tree trunks or limbs, used oil and construction and demolition debris), hazardous wastes, recyclable materials, hot ashes or hot materials in any garbage cart. The city or its designee shall have no obligation to collect any of the foregoing placed in any garbage cart. 12 006.280901. 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 oftflreetwo hundred (~200) pounds in any garbage cart. Prior to implementation by the city of a fully automated solid waste collection system, solid v.'aste in excess of three hundred (300) pounds 'I.-ill be collected only if placed in trash bags of G. cr.pacity of thirty (30) gallons or less. Any solid waste offered for collection in excess of tflreetwo hundred (~200) pounds shall be deemed an additional pickup. The rates for the collection for such additional pickup shall be at the rate for additional thirty gallon or less container~; a~; 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 ~m interim basis pending implementation of a tully automated solid waste collection system. SECTION 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 (11/2) cubic yards of loose tree or shrub trimmings per yard waste pickup and two (2) recycle bins per recycling pickup. The city shall collect residential solid waste from garbage carts twice per week, yard trash once per week and recyclables once per week. SECTION 143.27 Location and Time for Placing; Removal of Garbage Carts. A. With regard to the collection of solid waste, all garbage carts shall be placed as ncurwithin 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, 13 006.280901. clean and sanitary standards is declared to be a nuisance and shall be condemned and disposed of upon order of the Director of Public Works or his designee and replaced at the resident's, occupant's or owner's expense. B. The city will replace, at its own expense, garbage carts damaged or worn through no fault of the resident, occupant or owner. The city will replace, at the resident's, occupant's or owner's expense, garbage carts damaged or worn through fault of the resident, occupant or owner. The city will replace, at its own expense, garbage carts which are stolen. The city will replace, at the resident's, occupant's or owner's expense, garbage carts which are lost. The city or its designee shall have no obligation to collect any solid waste from a garbage cart it deems damaged or worn. A resident, occupant or owner shall immediately notify the Public Works Department of any lost, stolen, damaged or worn garbage cart. C. The cost of replacement of a garbage cart shall be established by the City Commission by resolution after a public hearing preceded by at least seven (7) days' notice of the hearing and the proposed action by publication in a newspaper of general circulation in the City of Ocoee. The cost of replacement of a garbage cart shall be billed to the resident, occupant or owner on the city water bill and, at the request of the resident, occupant or owner, may be paid in three (3) equal monthly installments. D. Upon the tennination of solid \va~;te collection service, water ser.'ice and/or sewer service, the city shall thereafter remove the garbage cart from the premises. Failure on the pmt of the owner, occupant or resident to return the garbage cart within fifteen (15) days of termination of solid '.vaste collection, water service and/or se'Ner service shall result in the account deposit of such resident, occupant or o\vner being debited pursuant to the provisions of S 173 3 of this Code. SECTION 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. 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 14 006.280901. City; and that sections of this Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent maybe authorized by the City Manager, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. SECTION FIVE. Effective Date. This Ordinance shall become effective upon passage and adoption. day of ,2003. PASSED AND ADOPTED this APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY, THIS day of ,2003 ADVERTISED READ FIRST TIME , 2003 , 2003 READ SECOND TIME AND ADOPTED , 2003 UNDER AGENDA ITEM NO. FOLEY & LARDNER BY: CITY ATTORN EY 15 006.280901.