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HomeMy WebLinkAboutItem V (B) Public Hearing - Ordinance No. 93-21, relating to the Management and Collection of Solid Waste and Recyclable Materials, Amending Chapter 143 of the Code of Ordinances II AGENDA 12-7-93 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V B 0 C S.SCOTT VANDERGRIFT O :I4rat" o COMMISSIONERS CITY OF OCOEE RUSTYJOHNSON v a 150N.LAKESHOREDRIVEPAULW.FOSTER/` OCOEE FLORIDA 34761-2258 VERN COMBS co Jor) (407)656 2322 JIM GLEASON r��```� CITY MANAGER Op GOOD MEMORANDUM ELLIS SHAPIRO DATE: December 1, 1993 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director t-)--)z_r??.--- Administrative Services SUBJECT: Ordinance No. 93-21 Amendment to Chapter 143 Solid Waste Code of Ordinances of the City of Ocoee Supplemental Information During the November 16, 1993 Commission Meeting, requests were made for staff to revisit the proposed change concerning the hauling of construction and demolition debris from residential building, roofing or remodeling. After calculating the possible revenues and evaluating the necessary procedures for tracking, staff recommends that the proposed Ordinance No. 93-21 be revised as follows: (1) Removal from the title of the phrase PROVIDING FOR THE FUTURE COLLECTION OF RESIDENTIAL BUILDING, ROOFING, AND REMODELING WASTE BY CITY FRANCHISE (2) Elimination from Section 7,A(3) of the phrase Until such time as collection by the City franchise is provided as set forth in §143-7B(2). (3) Deletion of Section 7,B(3); (4) Elimination from Section 12,A of the sentence which states Effective October 1, 1995 the franchise agreement may also include all construction and demolition debris from residential building, roofing and remodeling. • f5 The Honorable Mayor and Board of City Commissioners December 1, 1993 Page Two ACTION REQUESTED The Mayor and Board of City Commissioners (1) move to delete the language as cited above; then, in a second motion, (2) adopt Ordinance 93-21 as amended and (3) authorize the Mayor and City Clerk to execute. MEB/jbw w -n.MAy�Nov93\ ORDINANCE NO. 93- 21 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE MANAGEMENT AND COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS; AMENDING CHAPTER 143 OF THE OCOEE CODE OF ORDINANCES; PROVIDING FOR DEFINITIONS; AMENDING PROVISIONS OF THE CODE REGARDING CONTAINERS,PLACEMENT OF CONTAINERS,SORTING OF SOLID WASTE, PROHIBITED DEPOSITS, REMOVAL OF SOLID WASTE, SERVICE RATES, BILLING, CHARGES, TIME OF PLACEMENT OF CONTAINERS, SUPERVISION, APPEALS, COMMERCIAL FRANCHISES, RECYCLABLES, AND PREPARATION OF RECYCLABLE MATERIALS; CREATING A NEW SECTION REGARDING RECOVERED MATERIAL DEALERS AND REGARDING REGISTRATION OF SUCH DEALERS; PROVIDING FOR REVOCATION OF RECOVERED MATERIAL DEALERS REGISTRATION;PROVIDING FOR CONSISTENCY WITH STATE SOLID WASTE LAWS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. 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 2. Section 143-1 of Chapter 143 of the Code of Ordinances of the City of Ocoee is hereby repealed and a new Section 143-1 is adopted to read as follows: § 11-1. Definitions. For the purposes of this Chapter all terms and words shall have the meaning set forth in the definitions contained in Part N of Chapter 403. Florida Statutes. and in State administrative rules adopted pursuant to Part N of Chapter 403.as such statutes and rules may be amended from time to time. SECTION 3. Section 143-2 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 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 premises having,keeping or offering for collection any solid residents waste shall provide for that purpose one (1) or more watertight plastic or metal receptacles having proper handles and a tight-fitting cover of a capacity of thirty (30) gallons of a type approved by the Solid Waste Department. B. All residents, occupants or owners of a residential premises in the City shall place all yard trash in lawn bags. Yard trash which does not fit into lawn bags shall be collected through special arrangement with the City as set forth in § 143-7 or by a private hauler. C. Recyclable materials shall be placed in such containers as specified in 1. & 143-7. D. Commercial establishments eustemefs 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 & 143-7B(2). SECTION 4. Section 143-3 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143.3. Placement of containers. All solid waste garbage receptacles, lawn bags or recycling receptacles shall be placed as near the street or right-of-way of the premises as practicable or in a location designated by the Solid Waste Department. SECTION 5. Section 143-4 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143-4. Sorting of solid waste required. . - Pm All persons offering solid waste maters for collection within the City shall segregate their waste into the following categories: garbage, yard trash and recyclable materials. No person shall place special wastes (including but not limited to yard trash, , er and construction and demolition debris) or hazardous wastes into containers used for garbage collection. No person shall place any material other than yard trash into lawn bags for collection as yard trash. Nl person shall place any material other than recyclable materials into recycling containers. SECTION 6. Section 143-5 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 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 toy 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. 2 B. Solid waste Garbage, yard trash 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 trash. 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 6143- 7A(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. C. The matter permitted to be placed in parkways under Subsection B above shall be neatly placed, and wherever possible such matter 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 described in Subsection B above. E. It shall be unlawful for any person to permit or allow any garbage, solid waste; .ipeeial-waste or recyclable material to accumulate or remain upon any private property located in the City when the same is hazardous to the health or safety of any of the inhabitants of the City. E. 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 Chapter as 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 Chapter. SECTION 7. Section 143-7 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: $ 143-7. Removal of solid waste required. A. Removal by City. (1) All residents, gad occupants or owners of residential premises in the City shall be required to have accumulations of solid wastes garbage,—trash--and yard trash 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 6143-7A(5).fPhe City or its designee shall limit its residential collections to three(3)thirty-gallon containers per solid waste garbage pickup; four(4)d3)lawn bags man amount not to exceed 1 1/2 cubic yards of loose tree or shrub trimmings per yard waste pickup and two (2) recycle bins per recycling pickup. The City shall collect residential solid waste garbage twice per week, yard trash once per week and recyclables once per week. The City may collect additional thirty-gallon containers of solid waste garbage from residential locations but shall collect an additional fee for each additional container. The 3 City Commission may establish the fees for additional solid waste garbage containers by resolution. (3) The City may provide for the collection of construction and demolition debris and yard trash in excess of three-(3)-lawn- bags the amount specified in 6 143-7A(2) from residential locations at rates established by resolution of the City Commission. Residents, occupants or owners 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. (4) Except as provided in Subsection A(3)above,all containers, bags, receptacles and items left for collection which exceed the limits set forth in this section shall not be collected by the City but shall be tagged to indicate that the item was not collectible. The resident occupant or owner of the premises 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. In Multi-family 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. Effective-Mar-eh-IT-19947(1)All commercial establishments in the City shall have all solid waste. other than hazardous waste. used oil.or yard trash , collected by the City's franchisee. "nem 1991, 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 trash including garbager-refuse-er 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 8. Section 143-8 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 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. 4 B. Rates shall be based on two(2)pickups per week for solid waste garbage, one (1) pickup per week for yard trash and one (1) pickup per week for recyclable materials. Customers requiring more frequent service shall be charged a proportionally higher rate. C. Billing for solid waste collection service shall be on a monthly basis. SECTION 9. Section 143-9 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143-9. Charges. A. Residential premises. (1) Single-family residential units shall be charged the base rate for solid waste garbage-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 garbage-collection established by resolution for each unit. (3) Multiple-family residential units containing more than four (4) single-family residential units shall be charged the commercial rate for solid waste garbage-collection. B. Commercial establishments ' (1) Commercial establishment using trash cans of thirty (30) gallons or less capacity each shall be charged the base rate for solid waste garbage—collection established by resolution for each can. (2) Commercial establishments, using dumpsters shall be charged a commercial rate for solid waste garbage-collection established by resolution. SECTION 10. Section 143-10 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143-10. Time of placement of containers. No person shall place solid waste garbage-containers or yard trash bags or recyclable material containers at the street curb or curbline 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 chapter. SECTION 11. Section 143-11 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: 5 § 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 tease-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 chapter. 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 chapter. 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 12. Section 143-12 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: § 143-12. Commercial 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. 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 garbage-and-waste-from the commercial and multi- family 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 non-exclusive franchise for the collection of recyclable materials from commercial establishments. However. nothing in this chapter or any franchise agreement shall restrict She ability of a commercial establishment to enter into a contract with A certified recovered materials dealer to collect. transport. process or receive recovered materials. 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 garbage-collection. 6 1,,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 eaminereial-,-ificlustrial-aftd-ifistitutienel-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. .. E. In accordance with the provisions of § C-8 of Article 11 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. SECTION 13. Section 143-13 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143-13. Identification of recyclables. The following recyclable materials are considered feeyelablc and-suitable for curbside collection by the City or its designee: all aluminum cans. steel cans , meterielineltidifig-eant-pipessidittg-;-ete7; 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 & 143-11A. SECTION 14. Section 143-14 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143-14. Storage of solid waste reuse-and recyclable material. No person shall place any solid waste mouse-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 mor recyclable material in any lake, stream or other body of water. SECTION 15. Section 143-15 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: 7 § 143-15. Unauthorized accumulation. Any unauthorized accumulation of solid waste refuse—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 reuse-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 16. Section 143-16 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143-16. Scattering of solid waste refuse-and recyclable material. No person shall cast, place, sweep or deposit anywhere within the City any solid waste mor 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 17. Section 143-17 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143.17. Preparation of recyclable materials. (Al Those residents who voluntarily participate in the recycling program established hereby shall separate recyclable material from other solid waste ga ff e-er-rubbish-and place the recyclable material in the plastic containers provided by the City of Ocoee. However, if the volume of recyclable material is too mit uumereus-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 free liquids before being placed curbside for collection by the City. The containers shall be placed at the street curb or curbline for collection according to a schedule to be determined by the Department of Public Works, and the weight of each container shall not exceed forty(40) pounds of weight. l Those residents of multifamily residential units who voluntarily participate in the recycling program shall have their recyclable materials collected by the City or its designee. Provisions regarding the collection of recyclables from multifamily residential units may be established pursuant to the procedures set forth in & 143-11. SECTION 18. Existing Section 143-21 of the Code of Ordinances of the City of Ocoee is hereby transferred in its entirety to Section 143-22 of the Code. SECTION 19. A new Section 143-21 of the Code of Ordinances of the City of Ocoee is hereby created to read as follows: 8 § 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 cony of its current Florida Department of Environmental Protection dealer certification. L Effective January 1. 1994. recovered materials dealers shall register with the City . Such registration shall set forth the dealer's name. including the owner and operator of the dealer. and if the dealer is a business entity. its general or limited partners. its corporate officers and directors. its permanent place of business. evidence of certification with the Florida Department of Environmental Protection.and a certification that the recovered materials will be processed at a recovered materials processing facility which meets the requirements of state law. The City may establish by resolution an application fee for dealer registration to cover the costs of administering 143-21. 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 of the Code. SECTION 20. A new Section 143-22 of the Code of Ordinances of the City of Ocoee is hereby created to read as follows: 143-22. Consistency with state solid waste laws. It is the intent of the City that this Ordinance 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 Chapter in a manner consistent with state solid waste laws. Should any provision of this Chapter be held invalid due to inconsistency with state solid waste laws. all remaining portions of this Chapter shall remain in full force and effect. SECTION 21. The provisions of ordinances or parts thereof in conflict herewith are hereby repealed and superseded. SECTION 22. If any section, subsection, sentence, clause,or phrase or portion of this Ordinance is for any reason held unconstitutional or invalid 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 thereto. SECTION 23. This Ordinance has been adopted after a public hearing preceded by at least seven days notice thereof of the proposed action by publication in a newspaper of general circulation in the City. 9 SECTION 24. This Ordinance shall become effective on PASSED AND ADOPTED this_day of , 1993. APPROVED; ATTEST: CITY OF OCOEE, FLORIDA JEAN GRAFTON, City Clerk S. SCOTT VANDERGRIFT, Mayor (SEAL) FOR USE AND RELIANCE ONLY ADVERTISED 11-25-93 , 1993 BY THE CITY OF OCOEE, FLORIDA. READ FIRST TIME 11-16-93 , 1993 APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY this day of , 1993 , 1993 UNDER AGENDA ITEM NO. FOLEY & LARDNER BY: City Attorney C:\W PS I\OOCS\OCOEM SANITATION 117119!11 S W010I7KM:11 10 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER 00001949 ' S.SCOTT VANDERGRIFI CITY OF000EERUS1Y OHN oN 150 N.LAORIFDA E DRIVEPAUL W.FOSTER OCOEEFLORIDA34761-2256VER LCOMBS(407)656-2322 JIMGLEASON CITY MANAGER EL SLI SHAP RI O MEMORANDUM DATE: November 17, 1993 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director Administrative Services SUBJECT: Ordinance No. 93-21 Amendments to Chapter 143, Solid Waste Code of Ordinances of the City of Ocoee The attached Ordinance No. 93-21 amends the current Chapter 143 of the Code of Ordinances of the City of Ocoee by incorporating the provisions of Chapter 403, Florida Statutes. The changes include: (1) utilizing the State definitions for all terms and words; (2) specifying residential yard trash collection as four (4) lawn bags consistent with the current allowance; (3) requiring commercial source separation at the premises (recycling for commercial establishments) by February 1, 1994; (4) providing a date certain - October 1, 1995 - by which construction and demolition debris from residential building, roofing or remodeling shall be collected by the City's franchisee; (5) recycling for multi-family residential with greater than four units; (6) establishing procedures for registering recovered material dealers. Of these changes, there are several areas which require further discussion. They are as follows: (1) The state definition of solid waste now encompasses all waste except recovered materials and recyclables. Construction and demolition debris , along with yard trash, are special waste and thereby termed solid waste. (2) When the commercial franchise is awarded effective October 1, 1995, the agreement will contain language for the hauling of construction and demolition debris from residential building, roofing or remodeling. This is a departure from the current practice; all independent haulers of whom the City has knowledge and who now collect from these locations will be sent a copy of this Ordinance and Staff Report. (3) Multi-family residential dwelling with greater than four (4) units will be asked to participate in the recycling program. These recyclables will be collected by the AGENDA 11-1b-y3 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VIA 2 Ocoee J..7..'.,1 L ♦MAI laCAtaiur i 67/ CITY OF OCOEE RUSTY ON d 150 N.LAKFSHORE DRIVE PAUL W.FOSTER v /� O OCOEE,FLORIDA 34761 VERN COMBS (407)656.2322 SAM WOODSON 4#4 Gp GO�0 QTY MANAGER ELLIS SHAPIRO MEMORANDUM l'Kek e. Ia.f3 aired Git DATE: November 10, 1993 n.� : , ►, ,. , • TO: The Honorable Mayor and Board of City Commissioners III I LA-PALL) FROM: Montye E. Beamer, Director,Ty., I 4014,31.4.o-•J a114r. Administrative Services SUBJECT: Ordinance No. 93-21 Amendments to Chapter 143, Solid Waste Code of Ordinances of the City of Ocoee The attached Ordinance No. 93-21 amends the current Chapter 143 of the Code of Ordinances of the City of Ocoee by incorporating the provisions of Chapter 403, Florida Statutes. The changes include: (1) utilizing the State definitions for all terms and words; (2) specifying residential yard trash collection as four (4) lawn bags consistent with the current allowance; (3) requiring commercial source separation at the premises (recycling for commercial establishments) by February 1, 1993; (4) providing a date certain - October 1, 1995 - by which construction and demolition debris from residential building, roofing or remodeling shall be collected by the City's franchisee; (5) recycling for multi-family residential with greater than four units; (6) establishing procedures for registering recovered material dealers. Of these changes, there are several areas which require further discussion. They are as follows: (1) The state definition of solid waste now encompasses all waste except recovered materials and recyclables. Construction and demolition debris , along with yard trash, are special waste and thereby termed solid waste. (2) When the commercial franchise is awarded effective October 1, 1995, the agreement will contain language for the hauling of construction and demolition debris from residential building, roofing or remodeling. This is a departure from the current practice; all independent haulers of whom the City has knowledge and who now collect from these locations will be sent a copy of this Ordinance and Staff Report. (3) Multi-family residential dwelling with greater than four (4) units will be asked to participate in the recycling program. These recyclables will be collected by the franchisee and will possibly be handled according to the dictates of the City's Interlocal Agreement with Orange County as it relates to participation in the recycling program. (4) Commercial recycling will be required effective February 1, 1994. Pursuant to Section 403.7046, Florida Statutes, the City will recognize the certification of recovered material dealers. This will expand the number of possible haulers which would include but not be limited to the City's franchisee for collection recyclables or recovered materials; these collections will not be restrained by the City's Interlocal Agreement with Orange County. The recovered material dealers, however, must be certified by the State and must register with the city for an application fee before doing business within the City limits. The City Attorney drafted Ordinance 93-21. The Public Works Director and the Administrative Services Director have reviewed as to the procedures necessary for implementation. Action Requested The Mayor and Board of City Commissioners (1) adopt Ordinance 93-21 and (2) authorize the Mayor and City Clerk to execute. MEB/jbw Attachment FOLEY & LARDNER • III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO. FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE 14071 648-1743 TAMPA. FLORIDA MAILING ADDRESS: MILWAUKEE. WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE. FLORIDA WASHINGTON. D.C. WEST PALM BEACH. FLORIDA ORLANDO, FL. 32802-2193 ANNAPOLIS, MARYLAND CHICAGO. ILLINOIS MEMORANDUM TO: Ms. Montye Beamer, Administrative Services Director FROM: Thomas K. Maurer, Assistant City Attorney"MA DATE: November 10, 1993 RE: Amendments to Solid Waste Ordinance Enclosed is the Solid Waste Ordinance with the latest revisions which we discussed. Please call if you have any questions. /jh Enclosure ORDINANCE NO. 93- 21 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE MANAGEMENT AND COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS; AMENDING CHAPTER 143 OF THE OCOEE CODE OF ORDINANCES; PROVIDING FOR DEFINITIONS; AMENDING PROVISIONS OF THE CODE REGARDING CONTAINERS,PLACEMENT OF CONTAINERS,SORTING OF SOLID WASTE, PROHIBITED DEPOSITS, REMOVAL OF SOLID WASTE, SERVICE RATES, BILLING, CHARGES, TIME OF PLACEMENT OF CONTAINERS, SUPERVISION, APPEALS, COMMERCIAL FRANCHISES, RECYCLABLES, AND PREPARATION OF RECYCLABLE MATERIALS; PROVIDING FOR THE FUTURE COLLECTION OF RESIDENTIAL BUILDING, ROOFING, AND REMODELING WASTE BY CITY FRANCHISE; CREATING A NEW SECTION REGARDING RECOVERED MATERIAL DEALERS AND REGARDING REGISTRATION OF SUCH DEALERS;PROVIDING FOR REVOCATION OF RECOVERED MATERIAL DEALERS REGISTRATION; PROVIDING FOR CONSISTENCY WITH STATE SOLID WASTE LAWS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. 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 2. Section 143-1 of Chapter 143 of the Code of Ordinances of the City of Ocoee is hereby repealed and a new Section 143-1 is adopted to read as follows: § 11-1. Definitions. For the purposes of this Chapter 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 3. Section 143-2 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: • - § 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 unite premises having, keeping or offering for collection any solid residents waste shall provide for that purpose one (1) or more watertight plastic or metal receptacles having proper handles and a tight-fitting cover of a capacity of thirty (30)gallons of a type approved by the Solid Waste Department. B. All residents, occupants or owners of a residential premises in the City shall place all yard trash in lawn bags. Yard trash which does not fit into lawn bags shall be collected through special arrangement with the City as set forth in § 143-7 or by a private hauler. C. Recyclable materials shall be placed in such containers as specified in$ & 143-7. . D. Commercial establishments easterners 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 wormed in accordance with & 143-7B(2). SECTION 4. Section 143-3 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143.3. Placement of containers. All solid waste garbage receptacles, lawn bags or recycling receptacles shall be placed as near the street or right-of-way of the premises as practicable or in a location designated by the Solid Waste Department. SECTION 5. Section 143-4 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143-4. Sorting of solid waste required. BT. All persons offering solid waste maters for collection within the City shall segregate their waste into the following categories: garbage, yard trash and recyclable materials. No person shall place special wastes (including but not limited to yard trash, , er and construction and demolition debris) or hazardous wastes into containers used for garbage collection. No person shall place any material other than yard trash into lawn bags for collection as yard trash. No person shall place any material other than recyclable materials into recycling containers. SECTION 6. Section 143-5 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 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. 2 B. Solid waste Garbage, yard trash 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 trash, 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 6143- 7A(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. C. The matter permitted to be placed in parkways under Subsection B above shall be neatly placed, and wherever possible such matter shall be placed so as to allow the convenient passnee 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 described in Subsection B above. E. It shall be unlawful for any person to permit or allow any garbage, solid waste peeial-waste or recyclable material to accumulate or remain upon any private property located in the City when the same is hazardous to the health or safety of any of the inhabitants of the City. E. 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 Chapter as well a 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 Chapter. SECTION 7. Section 143-7 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143-7. Removal of sad waste required. A. Removal by City. (1) All residents, and occupants or owners of residential premises in the City shall be required to have accumulations of solid wastes garbage;-trash--and yard trash 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 6143-7A(5). IThe City or its designee shall limit its residential collections to three(3) thirty-gallon containers per solid waste garbage pickup l four(4) (3)lawn bags man • - amount not to exceed 1 1/2 cubic yards of loose tree or shrub trimminu per yard waste pickup and two (2) recycle bins per recycling pickup. The City shall collect residential solid waste garbage twice per week, yard trash once per week and recyclables once per week. The City may collect additional thirty-gallon containers of solid waste garbage from residential locations but shall collect an additional fee for each additional container. The 3 City Commission may establish the fees for additional solid waste garbage containers by resolution. (3) The City may provide for the collection of construction and demolition debris and yard trash in excess of three-(33-lawn-bags the amount specified in d 143-7A(2) from residential locations at rates established by resolution of the City Commission. Until such time as_collection by the City franchise is providel_as set forth in & 143-7B(21 tResidents, occupants or owners 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. (4) Except as provided in Subsection A(3)above,all containers,bags, receptacles and items left for collection which exceed the limits set forth in this section shall not be collected by the City but shall be tagged to indicate that the item was not collectible. The resident occupant or owner of the premises 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. Multi-family 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. Effective March 1, 1991,(1)All commercial establishments indast in the City shall have all solid waste. other than hazardous waste. used oil.or yard trash , collected by the City's franchisee. "me 1991, It shall be a violation of this Article for any person other than the franchisee of the City to collect or transportsolid waste. other than hazardous waste. used oil or yard trash inc a garbager-refuse—or 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 g certified recovered materials dealer. (3) Effective October 1. 1995 all construction and demolition debris from residential building.roofing or remodeling shall be collected by the City's franchisee. SECTION 8. Section 143-8 of the Code of Ordinances of the City of Ocoee is • - hereby amended as follows: § 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 4 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 garbage, one(1) pickup per week for yard trash and one (1)pickup per week for recyclable materials. Customers requiring more frequent service shall be charged a proportionally higher rate. C. Billing for solid waste collection service shall be on a monthly basis. SECTION 9. Section 143-9 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143-9. Charges. A. Residential premises. (1) Single-family residential units shall be charged the base rate for solid waste garbage-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 garbage-collection established by resolution for each unit. (3) Multiple-family residential units containing more than four (4) single-family residential units shall be charged the commercial rate for solid waste garbage-collection. B. Commercial establishments ' . (1) Commercial establishments using trash cans of thirty (30) gallons or less capacity each shall be charged the base rate for solid waste garbage—collection established by resolution for each can. (2) Commercial establishments, using dumpsters shall be charged a commercial rate for solid waste garbage-collection established by resolution. SECTION 10. Section 143-10 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143-10. Time of placement of containers. No person shall place solid waste garbage-containers or yard trash bags or recyclable material containers at the street curb or curbline 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 chapter. 5 SECTION 11. Section 143-11 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: $ 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 "Arse-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 chapter. 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 chapter. 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 12. Section 143-12 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: § 143-12. Commercial 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. The franchise agreement shall contain the name of the person or entity to collect the solid waste other than hazardous waste. used gil and yard trash garbage-end-waste-from the commercial and multi- family 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. Effective October 1. 1995 the franchise agreement may also include all construction and demolition debris from residential building. roofing and remodeling. B Franchise agreements may also provide for a non-exclusive franchise for the collection of recyclable materials from commercial establishments. However. nothing in this chapter or any franchise agreement shall restrict the ability of a commercial establishment to enter into a contract with certified recovered materials dealer to collect. transport. process or receive recovered materials. 6 C.,16 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 garbage-collection. DST 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 eemmereiair-iftelasaial—and—institatienal—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. . .. . . . . . Y• , f E. In accordance with the provisions of § C-8 of Article II of the City Charter, no franchise shall be awarded by the City until such time as the City Commission has held a public hearing on the proposed franchise preceded by at least thirty (30) days' notice of the hearing and the proposed action by publication once a week for four(4)consecutive weeks in a newspaper of general circulation in the City. SECTION 13. Section 143-13 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143-13. Identification of recyclables. The following recyclable materials are considered reeyelable-and-suitable for curbside collection by the City or its designee: all aluminum sans. 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 & 143-11A- SECTION 14. Section 143-14 of the Code of Ordinances of the City of Ocoee • - is hereby amended as follows: § 143-14. Storage of solid waste refuse-and recyclable material. No person shall place any solid waste rcfusc 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 7 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 rae-or recyclable material in any lake, stream or other body of water. SECTION 15. Section 143-15 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143-15. Unauthorized accumulation. Any unauthorized accumulation of solid waste reuse—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 reftuse-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 16. Section 143-16 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143-16. Scattering of solid waste wand recyclable material. No person shall cast, place, sweep or deposit anywhere within the City any solid waste refuse-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 17. Section 143-17 of the Code of Ordinances of the City of Ocoee is hereby amended as follows: § 143.17. Preparation of recyclable materials. lA). Those residents who voluntarily participate in the recycling program established hereby shall separate recyclable material from other solid Ha=garbage-er—wish-and place the recyclable material in the plastic containers provided by the City of Ocoee. However, if the volume of recyclable material is too gnat numerous-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 free liquids before being placed curbside for collection by the City. The containers shall be placed at the street curb or curbline for collection according to a schedule to be determined by the Department of Public Works,and the weight of each container shall not exceed forty(40) pounds of weight. ' ' ( Those residents of multifamily residential units who voluntarily participate in the recycling program shall have their recyclable materials collected by the City or its designee. Provisions regarding the collection of recyclables from multifamily residential units may be established pursuant to the procedures set forth in 6 143-11. 8 SECTION 18. Existing Section 143-21 of the Code of Ordinances of the City of Ocoee is hereby transferred in its entirety to Section 143-22 of the Code. SECTION 19. A new Section 143-21 of the Code of Ordinances of the City of Ocoee is hereby created to read as follows: 4 143-21. 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. L Effective January 1. 1994. recovered materials dealers shall register with the City Such registration shall set forth the dealer's name. including the owner and operator of the dealer. and if the dealer is a business entity. its general or limited partners. its corporate officers and directors. its permanent place of business. evidence of certification with the Florida Department of Environmental Protection.and a certification that the recovered materials will be processed at a recovered materials processing facility which meets the requirements of state law. The City may establish by resolution an application fee for dealer registration to cover the costs of administering & 143-21. 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 of the Code. SECTION 20. A new Section 143-22 of the Code of Ordinances of the City of Ocoee is hereby created to read as follows: 4 143-22. Consistency with state solid waste laws. It is the intent of the City that this Ordinance be consistent with all state laws regarding solid waste. recyclable materials. and recovered materials including Part W of Chapter 403. Florida Statutes. as it may be amended from time to time. Every effort should be made to interpret this Chapter in a manner consistent with state solid waste laws. Should any provision of this Chapter be geld .nvalid due to inconsistency with state solid waste laws. all remaining portions of this Chapter shall remain in full force and effect. SECTION 21. The provisions of ordinances or parts thereof in conflict herewith are hereby repealed and superseded. SECTION 22. If any section, subsection,sentence, clause,or phrase or portion of this Ordinance is for any reason held unconstitutional or invalid 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 thereto. 9 SECTION 23. This Ordinance has been adopted after a public hearing preceded by at least seven days notice thereof of the proposed action by publication in a newspaper of general circulation in the City. SECTION 24. This Ordinance shall become effective on . PASSED AND ADOPTED this_day of , 1993. APPROVED; ATTEST: CITY OF OCOEE, FLORIDA JEAN GRAFTON, City Clerk S. SCOTT VANDERGRIFT, Mayor (SEAL) FOR USE AND RELIANCE ONLY ADVERTISED 11-25-93 , 1993 BY THE CITY OF OCOEE, FLORIDA. READ FIRST TIME 11-16-93 , 1993 APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY this day of , 1993 , 1993 UNDER AGENDA ITEM NO. FOLEY & LARDNER BY: City Attorney CAWPJ11000SOCOEE SMlRATION I I I/11/93 I I11w0101710M:Il 10