HomeMy WebLinkAboutItem 10 Consideration of Potential Solid Waste Collection Changes Within the City Limits
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AGENDA ITEM COVER SHEET
Meeting Date: February 1, 2005
Item # .-10
Contact Name:
Contact Number:
Bob Zaitooni
6002
Reviewed By:
Department Director:
City Manager:
Subject: Public Hearing- Potential Solid Waste Collection Changes within the City limits
Background Summary:
City currently has a commercial franchise for the collection and disposal of the debris from commercial establishments
within the City limits. City wishes to pursue and enact a residential construction and demolition debris (C & D)
franchise as provided for under Chapter 143 of Ocoee City Code. A notification letter to all known haulers was mailed
on December 6, 2004 to serve as the 45--day written notice to potential displaced private companies as required by
Section 403.70605(3)(b)(2), Florida Statutes.
Issue:
Consideration of direction to staff to proceed with implementation of residential C & D :franchise.
Recommendations
Staff is requesting City Commission to direct staff to proceed with the implementation of a residential C & D franchise.
Attachments:
Chapter 143
Notice to Private Haulers
Financial Impact:
There are several options available for consideration. Depending on the option chosen. there will be start-up and annual
costs associated with the option involving City operated franchise. These costs may be off-set by franchise fees
payable to the City.
Type of Item:
~ Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
o Commission Approval
o Discussion & Direction
For Clerk's DeDi Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
o Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
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City Manager
Robert Frank
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Commissioners
Danny Howell. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Nancy J. Parker, District 4
Mayor
S. Scott Vander2:rift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Bob Zaitooni, Director of Public Works
DATE:
January 24, 2005
RE:
Public Bearing - Potential Solid waste CoUection Changes within the City Limits
Residential C & D
ISSUE
Should the Honorable Mayor and City Commission direct staff to move forward with a residential construction
and demolition debris franchise within the City limits which will prohibit the provision of such services by non-
franchised providers?
BACKGROUNDIDISCUSSION
City currently has a commercial franchise for the collection and disposal of the debris from commercial
establishments within the City limits. City is considering establishment of a residential construction and
demolition debris (C & D) franchise for debris in sufficient quantities to require the use of a roll-off or similar
on-site storage container as provided for under Chapter 143 of Ocoee City Code. Currently, residential C & D
services are not part of the commercial franchise and are not regulated by the City.
For the purpose of this public hearing, a notification letter to all known and registered haulers was mailed on
December 6, 2004 to serve as the 45-day written notice to potential displaced private companies as required by
Section 403.70605(3)(b )(2), Florida Statutes. A copy of that notice is attached. The purpose of the public
hearing is to receive comments on the advisability of the City providing residential C & D by itself or by one or
more franchisees.
City may consider various options available for the enactment of the franchise including the following:
. Awarding franchise to current commercial franchisee, Onyx Waste Services
. Awarding franchise to another fam and firms based on a limited number of franchisees.
. Awarding to unlimited franchisees
. Residential C & D services provided exclusively by the City without the award of any franchises.
Award to Current Commercial Franchisee
The current commercial franchise contract is set to expire in August 2006 with the City having the option of
extending the contract for another 2 years. The adequacy of the service provided by only one hauler to keep up
with the public demand may be the critical issue with this option. Multiple haulers or unlimited hauler
scenarios are preferred to ensure efficient delivery of service to customers within the City limits.
Award to Another Hauler or Haulers
Award of franchise to another hauler or multiple haulers can ensure adequacy and efficiency of service to the
customers. There is a potential opportunity to combine commercial and residential C & D services at the
expiration of the current commercial franchise contract. This will present a more financially attractive package
for the potential hauler or haulers.
Award to Unlimited Registered Haulers
City may choose to establish a registry oflicensed and qualified haulers to provide residential C & D within the
City limits. Under this scenario, the customer will have a choice while City will obtain a fee. As in the
previous option, there is a potential opportunity to combine the commercial and residential C & D services upon
the expiration of the current commercial franchise contract.
In-house Services
This option will enable the City staff to provide the services. The start-up costs and annual budget have not
been determined at this point. Again, as in the previous option, there is a potential opportunity to combine the
commercial and residential C & D services upon the expiration of the current commercial franchise contract.
If the City Commission directs staff to move forward, then within 1 year from the date of public hearing, the
City must be in a position to provide residential C & D services by means of one of the alternatives discussed
above. At such time, as the City is prepared to provide such services, the City would give a 3-year notice to all
existing residential C & D service providers. These existing providers could operate for 3 years without the
payment of any franchise fees to the City.
RECOMMENDATION
Staff respectfully requests the City Commission to direct staff to proceed with establishment of a residential
construction and demolition debris franchise within the City limits and development of a service plan or plans
and establishment of appropriate service and franchise fees, and provide direction on the service option to be
pursued.
Mayor
S. Scott Vandergrift
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Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
City Manager
Robert Frank
December 6, 2004
She-Cans
11400 S. Orange Avenue
Orlando, Florida 32824
Re: Public Hearing - Potential Solid Waste Collection Changes within the City of Ocoee
To Whom It May Concern:
This letter is to advise all private companies that provide hauling services for residential
construction and demolition debris in sufficient quantities to require the use of a roll-off or
similar on-site storage container within the City of Ocoee that the City of Ocoee is considering
its advisability of having such services provided exclusively by the City or one or more
franchisees of the City pursuant to a franchise agreement awarded under Chapter 143 of the
Ocoee City Code.
The City of Ocoee will hold a public hearing seeking comment on this matter during the regular
session of the Ocoee City Commission Meeting on Tuesday February 1, 2005, at 7: 15 P.M., or as
soon thereafter as practical, at the Commission Chambers, Ocoee City Hall, 150 North
Lakeshore Drive, Ocoee, Florida. If the City decides to have such residential construction and
demolition debris collection and disposal services provided by the City or one or more
franchisees of the City, then on a date which is three (3) years from the date of any such action
by the City, your company will be displaced and prohibited from continuing to provide such
services that you may presently be providing within the City of Oeoee. Alternatively, the City
may elect to shorten its time period by making a payment to your company in accordance with
Section 403.70605(3)(c), Florida Statutes. If during this 3-year period your company ceases to
provide such services within the City of Ocoee, then you will be displaced on such date and may
not recommence the provision of such services. If your company is not currently providing such
services within the City of Ocoee, then you will be prohibited from providing such services
following a decision by the City to have such services provided by the City or one or more
franchisees of the City.
This letter shall serve as 45-day written notice to you of the hearing as a potential displaced
private company as required by Section 403. 70605 (3)(b )(2), Florida Statutes. A copy of Chapter
143 of the Ocoee City Code addressing the collection of residential construction and demolition
debris is available for review prior to the hearing between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, except legal holidays at the City Clerk's office at Ocoee City Hall, 150
North Lakeshore Drive, Ocoee, Florida. The City Commission may continue the public hearing
to other dates and times, as it deems necessary.
The City ofOcoee Public Works. 301 Maguire Road. Ocoee, Florida 34761
phone: (407) 905-3170. fax: (407) 905-3176' www.ci.ocoee.fl.lls
Public Hearing - Residential C & D,
Page 2
Any interested party shall be advised that the dates. times. and places of any continuation of this
or continued public hearing shall be announced during the hearing and that further notices may
or may not be published or sent regarding this matter. Interested parties may appear at the public
hearing and be heard with respect to the matter. Persons with disabilities needing assistance to
participate in the public hearing should contact the City Clerk's office 48 hours in advance of the
hearing at (407) 905-3100.
Sincerely.
CITY OF O~~.
#t5~
Robert B. Zaltooni. P .E.
Director of Public Works
9 143-1.
9 143-2.
9 143-3.
9 143-4.
9 143-5.
9 143-6.
9 143-7.
9 143-8.
9 143-9.
9 143-9.1.
9 143-10.
9 143-11.
9 143-12.
9 143-13.
9 143-14.
9 143-15.
9 143-16.
9 143-17.
9 143-18.
9 143-19.
9 143-20.
9 143-20.1.
9 143-21.
9 143-22.
9 143-23.
9 143-24.
SOLID WASTE
Chapter 143
SOLID WASTE
ARTICLE I
Collection
Definitions.
Containers required.
Placement of containers. ..,
Sorting of solid waste required.
Prohibited accumulations and deposits; exceptions.
Prohibited discharge of fluids.
Removal of solid waste required.
Service rates; billing.
Charges.
Billing and collection of fees.
Time of placement of containers.
Supervision; appeals.
Franchise agreements.
Identification of recyclables.
Storage of solid waste and recyclable material.
Unauthorized accumulation.
Scattering of solid waste and recyclable material.
Preparation of recyclable materials.
Frequency of collection of recyclable materials.
Ownership of recyclable materials.
Responsibility of owner/occupant.
Labeling of commercial containers; recyclable materials.
Recovered material dealers.
Consistency with state solid waste laws.
Penalties for offenses.
Required use of garbage cans.
14301
6 -15 - 2004
S 143-1
S 143-25.
S 143-26.
S 143-27.
S 143-28.
OCOEE CODE
S 143-2
S 143-29.
Use of garbage carts; prohibited uses.
Collection of solid waste by City.
Location and time for placing; removal of garbage carts.
Maintenance and replacement of garbage carts; return of
garbage carts.
Conflicts.
[HISTORY: Adopted by the City Commission of the City of Ocoee as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards - See Ch. 95.
Littering - See Ch. 101.
Public health nuisances - See Ch. 115.
ARTICLE I
Collection
[Adopted as Ch. 11, Art. I, of the 1977 Code of Ordinances;
amended in its entirety 9-16-2003 by Ord. No. 2003-32]
S 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.
S 143-2. Containers required.
A. Every occupant or owner of a single-family residence or a multifamily
residence containing four or fewer single-family residential units
having, keeping or offering for collection any sofid waste shall be
provided by the City or its franchisee(s) one ninety-six-gallon garbage
cart which shall be used by such occupant or owner for the purposes
of solid waste collection. No other container will be permitted to be
used for this purpose.
14302
6 - 15 - 2004
9 143-2
SOLID WASTE
9 143-4
B. All residents, occupants or owners of a residential premises in the City
shall place all yard waste in no more than five lawn bags. Yard waste
which does not fit into lawn bags shall be cut less than six feet long
and less than six inches in diameter and shall be bundled. Lawn bags
shall not exceed 50 pounds each.
C. Recyclable materials shall be placed in such containers as specified in
9 143-7.
D. Commercial establishments shall place all solid waste in containers
specified by the City's franchisee(s) pursuant to the commercial
franchise agreement approved by the City. Collection of recyclable
materials from commercial establishments shall be performed in
accordance with 9 143-7B(2).
E. Residential construction and demolition debris shall be placed in
containers provided by the City's franchisee(s) pursuant to the City's
franchisee agreement where such debris is subject to collection by the
City's franchisee(s) pursuant to 9 143-7 A(3).
9 143-3. Placement of containers.
A. All solid waste receptacles, garbage carts, lawn bags or recycling
receptacles shall be placed within three feet of the street or right-of-
way of the premises as practicable or in a location designated by the
Solid Waste Department, so as not to block the mail box or hinder the
delivery by the U.S. Postal Service.
B. Unless expressly permitted by the Director of Public Works, containers
for residential construction and demolition debris shall be placed on
the private property of the owner and shall not block a right-of-way or
sidewalk.
9 143-4. Sorting of solid waste required.
All persons offering solid waste for collection within the City shall segregate
their waste into the following categories: garbage, yard waste and recyclable
materials. No person shall place special wastes (including but not limited to
yard waste, and construction and demolition debris) or hazardous wastes
(including motor oil and wet paint) into containers used for garbage collection.
No person shall place any material other than yard waste into lawn bags for
14303
6 -15 - 2004
S 143-4
OCOEE CODE
S 143-5
collection as yard waste. No person shall place any material other than
recyclable materials into recycling containers.
S 143-5. Prohibited accumulations and deposits; exceptions.
A. It shall be unlawful for any person to place or deposit or cause to be
placed or deposited upon any of the streets, gutters, sidewalks,
parkways, thoroughfares, public parks or other public places of the
City any solid waste, including but not limited to tree trunks or limbs,
lawn trimmings, any trash, debris, papers, handbills, litter or rubbish or
ashes or sweepings of trash or other discarded matter of whatever
kind, except as hereinafter specifically provided.
B. Subject to the provisions of S 143-3 hereof, all solid waste, yard waste
and recyclable material containers may be placed for collection in an
easily accessible location as near the street right-of-way as p'racticable,
on the property of the owner or tenant or on the parkway immediately
in front of and contiguous to his property. Special wastes, other than
yard waste, construction and demolition debris and hazardous wastes
shall be placed in proper containers on the property for collection by
private haulers and shall not be placed in the parkway. Yard waste shall
be placed for collection in a manner consistent with S 143-7A(2). Yard
waste which exceeds the amount which is collected by the City or the
City's franchisee(s) may be placed in the parkway, provided that
arrangements have been made for its prompt collection. Construction
and demolition debris shall be placed for collection in a manner
consistent with S 143-12C.
C. The waste material permitted to be placed in parkways under
Subsection B above shall be neatly placed, and wherever possible
such waste material shall be placed so as to allow the convenient
passage of persons and conveyances lawfully in such parkways.
D. It shall be unlawful for any person to disturb or to scatter or spread
about or cause to be disturbed or to scatter or to be spread about any
of the waste material described in Subsection B above.
E. It shall be unlawful for any person to permit or allow any solid waste or
recyclable material to accumulate or remain upon any private property
located in the City when the same is hazardous to the health and
safety of any of the inhabitants of the City.
14304
6-15-2004
S 143-5
SOLID WASTE
S 143-7
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 well as state and federal laws. Nothing in this subsection
shall be construed to relieve any person from his or her obligation to
comply with all other provisions of this article.
S 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.
S 143-7. Removal of solid waste required.
A. Residential:
(1) Except for construction and demolition debris, all residents and
occupants or owners of residential premises in the City shall be
required to have accumulations of solid waste, yard waste and
recyclable materials removed and disposed of or recycled by the
Solid Waste Department or its franchisee(s).
(2) Except as provided in S 143-7 A(5), the City or its franchisee(s)
shall limit its residential collections to one ninety-six-gallon
garbage cart picked up twice weekly; five lawn bags or an
amount not to exceed two cubic yards of loose tree or shrub
trimmings per yard waste picked up once a week and two recycle
bins which will be collected once a week. The City Commission
may establish the fees for additional solid waste collection and
pick-ups by resolution.
(3) Construction and demolition debris from residential locations
where the volume of debris is sufficient to require the use of a
roll-off or other similar on-site storage container, as determined
by the City, shall be collected by the City's franchisee(s} if the
City has awarded a franchise for such services. In such event,
this provision shall be implemented in accordance with the
procedures and time frames set forth in S 403.70605, Florida
Statutes, and any such franchise agreement.
14305
6-15 - 2004
9 143-7
OCOEE CODE
9 143-8
(4) Except as provided in a resolution by the City Commission, all
containers, bags, receptacles and items left for collection which
exceed the limits set forth in this section shall not be collected by
the City or the City's franchisee(s). The City Commission may by
resolution establish rates for the collection of excess waste.
(5) Multifamily residential units containing four or more single-family
residential units shall be subject to the provisions of this article
governing commercial establishments.
B. Commercial establishments.
(1) All commercial establishments in the City shall have all solid
waste, other than hazardous waste, used oil or yard waste,
collected by the City's franchisee(s). It shall be a violation of this
article for any person other than the franchisee(s) of the City to
collect or transport solid waste, other than hazardous waste,
used oil or yard waste for hire from commercial establishments in
the City.
(2) Effective February 1, 1994, all recyclable materials generated at
commercial establishments shall be separated at the premises of
the establishment. Owners or operators of commercial
establishments shall have all recovered materials collected by
either a certified recovered materials dealer or by the City's
commercial franchisee(s), who shall also be a certified recovered
materials dealer.
9 143-8. 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 days' notice of the hearing and the proposed action by
publication in a newspaper of general circulation in the City of Ocoee.
The resolution may provide that the new rate be retroactive to the
beginning of the billing period in which the resolution is passed.
B. Residential rates shall be based on two pickups per week for solid
waste, one pickup per week for yard waste and one pickup per week
for recyclable materials. Customers requiring additional residential
service shall be charged an additional rate to be established by the City
Commission in accordance with 9 143-8A.
14306
6 -15 - 2004
9 143-8
SOLID WASTE
9 143-9.1
C. Billing for solid waste collection service shall be on a monthly basis.
Billing may be performed by the City or its franchisee{s), as
determined by the City. If billing is performed by the City's
franchisee{s), the City may require that payment be made directly to
such franchisee(s).
D. Any rate currently charged by the City or its franchisee(s), whether
adopted by resolution of otherwise, shall remain in effect until
modified by resolution of the City Commission adopted in accordance
with this section.
9 143-9. Charges.
A. Residential premises.
(1) Single-family residential units shall be charged the base rate for
solid waste collection established by resolution.
(2) Multiple-family residential units containing four or fewer single-
family residential units shall be charged the base rate for solid
waste collection established by resolution for each unit.
B. Commercial establishments.
(1) Commercial establishments using trash cans of 96 gallons'
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.
(3) Multiple-family residential units containing more than four single-
family residential units shall be charged for commercial rate for
solid waste collection.
9 143-9.1. Billing and collection of fees.
A. If the subject property utilizes water and/or sewer service from the
City, the solid waste collection service fee shall be billed and collected
monthly with the utility bill in accordance with the provisions of
9 150-7.
14307
6-15-2004
S 143-9.1
OCOEE CODE
S 143-9.1
B. If the subject property does not utilize water and/or sewer service
from the City, the solid waste collection service fee shall be billed and
collected in accordance with the following provisions:
(1) Account deposit. At the time the certificate of occupancy is
issued for the building, the owner must apply to the City for the
initiation of the solid waste collection service and shall provide
such information as may be requested by the City on forms
prepared for that purpose. The owner shall be required to place
on deposit with the City an initial account deposit. The deposit is
intended as security for the payment of any bill which may be
due to the City. The amount of the deposit is $50.
(2) Return of deposit. The, deposit will be returned to the owner,
provided that the solid waste collection service fee has been
timely paid by the owner for twelve consecutive months without
a notice of lien being filed for nonpayment.
(3) Billing and collection of fees. For each single-family or mobile
home residential unit or multifamily residential unit, the bill shall
be sent to the record owner of the property as shown in the tax
records; provided, however, that the owner may request that the
City send the bill to the registered account holder if the owner
and the account holder are not the same. It is the owner's
responsibility to notify the City of a change in ownership. Failure
to receive the bill will not relieve the owner of owner's
responsibility. to pay the bill. All bills for solid waste collection
service shall be rendered monthly. All billings for solid waste
collection service shall be due and payable 15 calendar days after
the date of the billing. The due date shall be shown on each bill.
Owners shall have five calendar days from the due date to make
payment. Payment in full must be made by the due date;
otherwise, the account will be past due.
(4) Unpaid fees to constitute lien. In the event that the fees for solid
waste collection services are not paid when due, any unpaid
balance thereof, along with all interest accruing thereon, shall be
and constitute a lien on any parcel or property affected thereby.
The City may place a notice on the door of the building located on
the property or parcel warning the owner prior to recording its
lien, but the City shall not be required to post any such notice.
The City may record in the public records of Orange County,
14308
6-15-2004
9 143-9.1
SOLID WASTE
9 143-9.1
Florida, a notice of lien giving notice to all persons that the City is
asserting a lien upon the affected parcel or property. In the event
that any such .fee is not paid when due-and is in default for 30
days or more, the unpaid balance thereof and all interest accrued
thereon, together with the costs of collection, including but not
limited to attorneys' fees and costs, may be recovered by the
City in a civil action, and any such lien, accrued interest and any
additional costs may be foreclosed or otherwise enforced by the
City by action or suit in equity as for the foreclosure of a
mortgage on real property.
C. All accounts shall be delinquent if not paid as provided in the invoice
for the services rendered. If any such deficiency remains unpaid for a
period of 30 days from the date of the original invoice, then the City
may take any action deemed necessary in order to collect such
deficiency or delegate such action to its franchisee(s), including, but
not limited to, termination of service, retaining a collection agency or
attorney, initiating legal proceedings, or recording a notice of lien on
the property as provided in 9 143-9.1 D. Sixty days after the filing of a
notice of lien, the City may foreclose same in the same fashion as
mortgage liens are foreclosed. In connection with any such collection
proceeding, the City shall be entitled to recover from the owner of the
property its reasonable attorneys' fees, paralegal fees and other costs
and expenses, whether incurred prior to, during or subsequent to
court proceedings or an appeal. Any person who has had collection
service .terminated must continue to comply with S 143-7 requiring
removal by the City or City franchisee(s) and S 143-14 regarding the
storage of solid waste. The City and its franchisee(s) may charge a late
fee of up to $100 for any delinquent account or in an amount
established by resolution.
D. Notice of liens may be filed on the real property of the residential
premises or commercial establishment where payment of charges are
delinquent as recorded herein. Notice of delinquency shall be provided
to the person responsible for payment of solid waste collection and to
the landowner at least 30 days prior to the filing of a notice of lien. To
provide public notice of the deficiency the City may (but shall not be
obligated to) record a Notice of Lien .in the public records of Orange
County, Florida, stating the description of the real property, the name
of the owner of the real property, the name of the account holder and
the amount due and owing to the City.
14309
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S 143-10
OCOEE CODE
9143-11
S 143-10. Time of placement of containers.
No person shall place solid waste containers or yard waste bags or
recyclable material containers at the street curb or curbline for collection by the
City or its franchisee(s) prior to 5:00 p.m. on the day preceding the day for
collection of solid waste, garbage, yard waste or recyclable material according
to the schedule established by the Department of Public Works, as may be
modified from time to time. Such containers shall be removed from the street
curb or curbline by 7:00 p.m. on the day of collection by the City or its
franchisee(s) and shall be placed in an inconspicuous area as set forth in this
article.
S 143-11. Supervision; appeals.
A. The Director of Public Works will supervise collection and make
recommendations to the City Commission concerning collection.
B. All solid waste and recyclable material accumulated in the City shall be
collected, conveyed and disposed of by the City or its franchisee(s)
under the supervision of the Director of Public Works, except as
otherwise provided within this article or by Florida Statutes. The
Director shall have the authority to make recommendations
concerning the days of collection, type and location of solid waste and
recyclable material containers and such other matters pertaining to the
collection, conveyance and disposal as he shall find necessary and to
change and modify the same after notice published in a newspaper of
general circulation at least 10 days in advance of the effective date of
such change or modification, said notice to indicate that persons
aggrieved shall have the right of appeal to the City Commission, as
provided in Subsection B hereof, provided that such regulations or
modifications are not contrary to the provisions of this article.
C. Appeals. Any person aggrieved by a regulation of or fee charged by
the Director shall have the right of appeal to the City Commission,
which shall have the authority to confirm, modify or revoke any such
regulation or fee.
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9 143-1 2
SOLID WASTE
9 143-12
9 143-12. Franchise agreements.
A. The City Commission may enter into one or more franchise
agreements with one or more persons or entities to provide the
following collection and disposal services within the City:
(1) Commercial and multifamily solid waste, including commercial
construction and demolition debris,
(2) Residential yard and bulky waste,
(3) Residential solid waste and recyclable materials, and/or
(4) Residential construction and demolition debris. Each franchise
agreement shall contain the name of the person or entity being
awarded the franchise; the franchise right being granted; the
length of the franchise; the territory of the franchise; the
performance bond and the conditions thereof to be furnished by
the franchisee; insurance requirements for the franchisee;
frequency of collection; and such reasonable terms, restrictions
and rules regarding collections as the City may determine
necessary in order to implement the safe and efficient collection
of solid waste. The franchise agreement shall be on terms and
conditions as determined by the City Commission. Each franchise
agreement may be exclusive as to the applicable territory, and
the term may be up to five years with an option to extend the
franchise agreement for up to two years or as provided in
9143-121.
B. Franchise agreements may also provide for a nonexclusive franchise
for the collection of recyclable materials from commercial
establishments. However, nothing in this article or any franchise
agreement shall restrict the ability of a commercial establishment to
enter into a contract with a certified recovered materials dealer to
collect, transport, process or receive recovered materials.
C. The compensation for franchisee(s) under this article shall be in
accordance with the provisions of franchise agreement. The City or its
designee franchisee(s) shall bill and collect all fees and charges for
collection and disposal services, and the City shall retain or be paid, as
the case may be, a franchisee fee in an amount not to exceed 20% of
the total fees and charges collected. The City shall also retain or be
paid, as the case may be, an administrative fee in an amount not to
exceed 5% of the total fees and charges collected in order to defray
14311
6-15 - 2004
9143-12
OCOEE CODE
9143-12
costs associated with the administration of the franchise. The City
may also collect from such franchisee(s) such other fees and charges
as may be set forth in the franchise agreement. The rates charged for
solid waste services shall include all such fees and charges.
O. If the City Commission decides to seek proposals for the award of a
franchise, then the City shall prepare proposal documents and receive
competitive proposals from applicants for collection within the City.
The City Commission may accept the proposal which it deems to be in
the best interest of the City and enter into one or more franchise
agreements. In determining which proposal will be accepted, the City
will consider such factors .as the proven ability of the applicant to
efficiently collect solid waste; the type and amount of equipment; the
proposed performance bond and insurance; frequency of collection;
and other factors deemed appropriate by the City.
E. In accordance with the provisions of 9 C-8 of Article /I of the City
Charter, no franchise shall be awarded by the City until such time as
the City Commission has held a public hearing on the proposed
franchise, preceded by at least 30 days' notice of the hearing and the
proposed action by publication once a week for four consecutive
weeks in a newspaper of general circulation in the City.
F. The City Commission, after complying with the provisions of Section
403.70605, Florida Statutes, may enter into a franchise agreement
with one or more persons or entities to provide collection service for
residential construction and demolition debris within the City. Such
franchise may be awarded as a separate franchise agreement or
awarded to an existing franchisee.
G. Any services not subject to an existing franchise agreement as of
August 1, 2003, may be awarded to an existing franchise holder of the
City on terms and conditions as may be determined by the City
Commission without going through the process set forth in
9 143-120.
H. The City may, at its option, combine one or more franchise
agreements into a single franchise agreement.
I. Extensions to one or more franchise agreements may be made upon
agreement of the franchisee and the City for the purpose of adjusting
the length of such franchise agreement in order to facilitate the
14312
6 -15 - 2004
9 143-12
SOLID WASTE
9 143- 1 6
combination of franchises for different types of solid waste collection
services.
9 143-13. Identification of recyclables.
The following recyclable materials are considered suitable for curbside
collection by the City or its franchisee{s): all aluminum cans; steel cans; three
classifications of glass (brown, green and white); paper goods, including
newspaper and computer paper; and plastics, such as two-liter soft-drink
containers and plastic-coated drink cartons. The materials which are suitable
for the curbside recycling program may be changed from time to time pursuant
to the procedures set forth in 9 143-11 A.
9 143-14. 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.
9 143-15. Unauthorized accumulation.
Any unauthorized accumulation of solid waste or recyclable material on any
premises is hereby declared to be a nuisance and is prohibited. Failure to
remove any existing accumulation of solid waste or recyclable material within
such period as may be fixed in a written or printed notice posted on the
premises or delivered to the owner or occupant of the premises shall be
deemed a violation of this article.
S 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
14313
6 - 15 - 2004
S 143-16
OCOEE CODE
S 143-1 9
street, sidewalk, alley, parkway or other public place or into any occupied
premises within the City.
S 143-17. Preparation of recyclable materials.
Those residential customers who voluntarily participate in the recycling
program established hereby shall separate recyclable material from other solid
waste and place the recyclable material in the plastic containers provided by
the City of Ocoee or its franchisee(s). However, if the volume of recyclable
material is too great to fit into the plastic containers furnished by the City or its
franchisee(s), then the recyclable material may be stacked and bound with a
nonmetallic substance (e.g., rope, string or plastic) or placed in a large brown
paper bag. All recyclable material being placed in approved containers provided
by the City of Ocoee or its franchisee(s) shall have been drained of all free
liquids before being placed curbside for collection by the City or its
franchisee(s). The containers shall be placed at the street curb or curbline for
collection according to a schedule to be determined by the Department of
Public Works, and the weight of each container shall not exceed 40 pounds of
weight.
S 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.
S 143-19. Ownership of recyclable materials.
All recyclable material collected from residences shall be separated from
nonrecyclable material and placed in the plastic containers furnished by the
City or its franchisee(s). From the time of placement at th~ curb by any
resident, such materials shall become and be the property of the City of Ocoee
or its franchisee(s). Furthermore, it shall be a violation of this article for any
person, other than authorized personnel of the City of Ocoee or its
franchisee(s), to collect, pick up or cause to be collected or picked up any such
recyclable material from residences.
14314
6 -15 - 2004
9 143-20
SOLID WASTE
9 143-21
9 143-20. 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.
9 143-20.1. 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: It FOR RECYCLABLE
MATERIALS ONLY. It
(2) The name, address and phone number of the certified recovered
materials dealer who will be collecting the recyclable materials
from the commercial container shall be labeled in conspicuous
print on at least two sides of the commercial container.
B. No person shall place recyclable materials in a commercial container
unless the commercial container is labeled in accordance with the
requirements of 9 143-20.1 A.
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 9 143-20.1 A.
9 143-21. 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,
14315
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S 143-21
OCOEE CODE
S 143-23
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.
S 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.
S 143-23. Penalties for offenses.
A. Any person violating any provision of this article shall, upon conviction,
be punished as provided in S 1-12 of Chapter 1, General Provisions,
Article II, of the Code of the City of Ocoee.
B. In addition to the penalties hereinabove provided, any condition
caused or permitted to exist in violation of any of the provisions of this
article shall be deemed a public nuisance and may be, by the City,
abated as provided by law, and each day that such condition continues
shall be regarded as a new and separate offense.
14316
6 -15 - 2004
S 143-24
SOLID WASTE
S 143-2,5
S 143-24. Required use of garbage cans.
The Director of Public Works may designate areas within the corporate limits
of the City where garbage carts, as hereinafter defined, shall be provided to
every resident, occupant or owner of a single-family residence or a multifamily
residence containing four or fewer single-family residential units having,
keeping or offering for collection any solid waste. All references in this article
to "garbage carts" shall mean a container, owned by the City or its
franchisee{s) and provided to residents, occupants or owners as set forth
herein, of 96 gallons' capacity on wheels for rolling with a nonremovable
hinged lid, suited to automatic dumping equipment utilized by the City or its
franchisee{s) and intended to contain not over 200 pounds. Residents,
occupants or owners shall be notified of such designation and the required use
of the garbage cart pursuant to written notice from the Public Works
Department. The Public Works Department shall, at the City's expense, initially
provide garbage carts to the notified residents, occupants or owners, and it
shall thereafter be mandatory for those residents, occupants or owners to
utilize the garbage carts, instead of the containers otherwise required pursuant
to S 143-2A hereof; provided, however, that the provisions of S 143-28 through
D, inclusive, shall remain in effect with regard to such residents, occupants or
owners provided with garbage carts.
S 143-25. Use of garbage carts; prohibited uses.
A. All persons offering solid waste other than as specified in S 143-258
for collection by the City or its franchisee(s) and who have been
provided a garbage cart by the City or its franchisee(s) shall place all
solid waste other than as specified in S 143-258 in the garbage cart for
collection.
8. No person shall place any special wastes, including but not limited to
yard waste, lawn clippings, leaves, tree trunks or limbs, used oil and
construction and demolition debris, hazardous wastes, recyclable
materials, hot ashes or hot materials in any garbage cart. The City or
its franchisee(s) shall have no obligation to collect any of the foregoing
placed in any garbage cart.
C. No person shall burn, ignite or otherwise cause the combustion of
materials of any kind whatsoever in any garbage cart.
14317
6 -15 - 2004
9.143-25
OCOEE CODE
9 143-28
D. No person shall place solid waste in excess of 200 pounds in any
garbage cart. Any solid waste offered for collection in excess of 200
pounds shall be deemed an additional pickup. The rates for the
collection for such additional pickup shall be determined by resolution
of the City Commission in accordance with 9 143-8.
9 143-26. Collection of solid waste by City.
In lieu of the provisions of 9 143-7 A(2), the following provisions shall apply to
all residents, occupants or owners who have received a garbage cart: The City
or its franchisee(s) shall limit its residential collections to one garbage cart of
solid waste per solid waste pickup, five lawn bags or an amount not to exceed
two cubic yards of loose tree or shrub trimmings per yard waste pickup and
two recycle bins per recycling pickup. The City or its franchisee(s) shall collect
residential solid waste from garbage carts twice per week, yard waste once
per week and recyclable once per week.
9 143-27. Location and time for placing; removal of garbage carts.
A. With regard to the collection of solid waste, all garbage carts shall be
placed within three feet of the street or right-of-way of the premises
as practicable or in a location otherwise designated by the Solid Waste
Department no earlier than 5:00 p.m. of the day preceding the day
designated for collection and shall be removed not later than 7:00 p.m.
on such designated day. At all other times, garbage carts shall be
placed in side yards or rear yards and screened from view to the
extent practicable. Except as provided herein, garbage carts shall at no
time be placed in the front yard of the premises.
B. It shall be unlawful for any resident, occupant or owner to remove a
garbage cart from the premises to which such garbage cart has been
provided.
9 143-28. Maintenance and replacement of garbage carts; return of
garbage carts.
A. All garbage carts shall be kept in a safe, clean and sanitary condition by
the resident, occupant or owner. Any garbage cart which fails to meet
such safe, clean and sanitary standards is declared to be a nuisance
14318
6-15-2004
9 143-28
SOLID WASTE
9 143-29
and shall be condemned and disposed of upon order of the Director of
Public Works or his designee and replaced at the resident's,
occupant's or owner's expense.
B. The City or its franchisee(s) will replace, at its own expense, garbage
carts damaged or worn through no fault of the resident, occupant or
owner. The City or its franchisee(s) will replace, at the resident's,
occupant's or owner's expense, garbage carts damaged or worn
through fault of the resident, occupant or owner. The City or its
franchisee(s) will replace, at its own expense, garbage carts which are
stolen. The City or its franchisee(s) will replace, at the resident's,
occupant's or owner's expense, garbage carts which are lost. The City
or its franchisee(s) shall have no obligation to collect any solid waste
from a garbage cart it deems damaged or worn. A resident, occupant
or owner shall immediately notify the Public Works Department of any
lost, stolen, damaged or worn garbage cart.
C. The cost of replacement of a garbage cart shall be established by the
City Commission by resolution after a public hearing preceded by at
least seven days' notice of the hearing and the proposed action by
publication in a newspaper of general circulation in the City of Ocoee.
The. cost of replacement of a garbage cart shall be billed to the
resident, occupant or owner on the City water bill and, at the request
of the resident, occupant or owner, may be paid in three equal
monthly installments.
9 143-29. Conflicts.
In the event of a conflict between the proVIsions of 99 143-24 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 99 143-24 through
143-28, inclusive, shall control; provided, however, that the provisions of
99 143-24 through 143-28, inclusive, shall be applicable only to residents,
occupants and owners who have been provided a garbage cart by the City or
its franchisee(s). .
14319
6 -15 - 2004
S 143-1.
S 143-2.
S 143-3.
S 143-4.
S 143-5.
S 143-6.
S 143-7.
S 143-8.
S 143-9.
S 143-9.1.
S 143-10.
S 143-11.
S 143-12.
S 143-13.
S 143-14.
S 143-15.
S 143-16.
3 143-17.
S 143-18.
S 143-19.
S 143-20.
S 143-20.1.
S 143-21.
S 143-22.
S 143-23.
S 143-24.
SOLID WASTE
Chapter 143
SOLID WASTE
ARTICLE I
Collection
Definitions.
Containers required.
Placement of containers.
-,
Sorting of solid waste required.
Prohibited accumulations and deposits; exceptions.
Prohibited discharge of fluids.
Removal of solid waste required.
Service rates; billing.
Cha rges.
Billing and collection of fees.
Time of placement of containers.
Supervision; appeals.
Franchise agreements.
Identification of recyclables.
Storage of solid waste and recyclable material.
Unauthorized accumulation.
Scattering of solid waste and recyclable material.
Preparation of recyclable materials.
Frequency of collection of recyclable materials.
Ownership of recyclable materials.
Responsibility of owner/occupant.
Labeling of commercial containers; recyclable materials.
Recovered material dealers.
Consistency with state solid waste laws.
Penalties for offenses.
Required use of garbage cans.
14301
6 -15 - 2004
S 143-1
S 143-25.
S 143-26.
S 143-27.
S 143-28.
OCOEE CODE
S 143-2
S 143-29.
Use of garbage carts; prohibited uses.
Collection of solid waste by City.
Location and time for placing; removal of garbage carts.
Maintenance and replacement of garbage carts; return of
garbage carts.
Conflicts.
[HISTORY: Adopted by the City Commission of the City of Ocoee as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards - See Ch. 95.
Littering - See Ch. 101.
Public health nuisances - See Ch. 115.
ARTICLE I
Collection
[Adopted as Ch. 11, Art. I, of the 1977Code of Ordinances;
amended in its entirety 9-16-2003 by Or'd. No. 2003-32]
S 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.
S 143-2. Containers required.
A. Every occupant or owner of a single-family residence or a multifamily
residence containing four or fewer single-family residential units
having, keeping or offering for collection any sofid waste shall be
provided by the City or its franchisee(s) one ninety-six-gallon garbage
cart which shall be used by such occupant or owner for the purposes
of solid waste collection. No other container will be permitted to be
used for this purpose.
14302
6-15-2004
9 143-2
SOLID WASTE
9 143-4
B. All residents, occupants or owners of a residential premises in the City
shall place all yard waste in no more than five lawn bags. Yard waste
which does not fit into lawn bags shall be cut less than six feet long
and less than six inches in diameter and shall be bundled. Lawn bags
shall not exceed 50 pounds each.
C. Recyclable materials shall be placed in such containers as specified in
9 143-7.
D. Commercial establishments shall place all solid waste in containers
specified by the City's franchisee(s) pursuant to the commercial
franchise agreement approved by the City. Collection of recyclable
materials from commercial establishments shall be performed in
accordance with 9 143-7B(2).
E. Residential construction and demolition debris shall be placed in
containers provided by the City's franchisee(s) pursuant to the City's
franchisee agreement where such debris is subject to collection by the
City's franchisee(s) pursuant to 9 143-7A(3).
9 143-3. Placement of containers.
A. All solid waste receptacles, garbage carts, lawn bags or recycling
receptacles shall be placed within three feet of the street or right-of-
way of the premises as practicable or in a location designated by the
Solid Waste Department, so as not to block the mail box or hinder the
delivery by the U.S. Postal Service.
B. Unless expressly permitted by the Director of Public Works, containers
for residential construction and demolition debris shall be placed on
the private property of the owner and shall not block a right-of-way or
sidewalk.
9 143-4. Sorting of solid waste required.
All persons offering solid waste for collection within the City shall segregate
their waste into the following categories: garbage, yard waste and recyclable
materials. No person shall place special wastes (including but not limited to
yard waste, and construction and demolition debris) or hazardous wastes
(including motor oil and wet paint) into containers used for garbage collection.
No person shall place any material other than yard waste into lawn bags for
14303
6 - 15 - 2004
S 143-4
OCOEE CODE
S 143-5
collection as yard waste. No person shall place any material other than
recyclable materials into recycling containers.
S 143-5. Prohibited accumulations and deposits; exceptions.
A. It shall be unlawful for any person to place or deposit or cause to be
placed or deposited upon any of the streets, gutters, sidewalks,
parkways, thoroughfares, public parks or other public places of the
City any solid waste, including but not limited to tree trunks or limbs,
lawn trimmings, any trash, debris, papers, handbills, litter or rubbish or
ashes. or sweepings of trash or other discarded matter of whatever
kind,/ except as hereinafter specifically provided.
B. Subject to the provisions of S 143-3 hereof, all solid waste, yard waste
and recyclable material containers may be placed for collection in an
easily accessible location as near the street right-of-way as practicable,
on the property of the owner or tenant or on the parkway immediately
in front of and contiguous to his property. Special wastes, other than
yard waste, construction and demolition debris and hazardous wastes
shall be placed in proper containers on the property for collection by
private haulers and shall not be placed in the parkway. Yard waste shall
be placed for collection in a manner consistent with S 143-7A(2). Yard
waste which exceeds the amount which is collected by the City or the
City's franchisee(s) may be placed in the parkway, provided that
arrangements have been made for its prompt collection. Construction
and demolition debris shall be placed for collection in a manner
consistent with S 143-12C.
C. The waste material permitted to be placed in parkways under
Subsection B above shall be neatly placed, and wherever possible
such waste material shall be placed so as to allow the convenient
passage of persons and conveyances lawfully in such parkways.
D. It shall be unlawful for any person to disturb or to scatter or spread
about or cause to be disturbed or to scatter or to be spread about any
of the waste material described in Subsection B above.
E. It shall be unlawful for any person to permit or allow any solid waste or
recyclable material to accumulate or remain upon any private property
located in the City when the same is hazardous to the health and
safety of any of the inhabitants of the City.
14304
6 -15 - 2004
S 143-5
SOLID WASTE
S 143-7
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 well as state and federal laws. Nothing in this subsection
shall be construed to relieve any person from his or her obligation to
comply with all other provisions of this article.
S 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.
S 143-7. Removal of solid waste required.
A. Residential:
(1) Except for construction and demolition debris, all residents and
occupants or owners of residential premises in the City shall be
required to have accumulations of solid waste, yard waste and
recyclable materials removed and disposed of or recycled by the
Solid Waste Department or its franchisee(s).
(2) Except as provided in S 143-7A(5), the City or its franchisee(s)
shall limit its residential collections to one ninety-six-gallon
garbage cart picked up twice weekly; five lawn bags or an
amount not to exceed two cubic yards of loose tree or shrub
trimmings per yard waste picked up once a week and two recycle
bins which will be collected once a week. The City Commission
may establish the fees for additional solid waste collection and
pick-ups by resolution.
(3) Construction and demolition debris from residential locations
where the volume of debris is sufficient to require the use of a
roll-off or other similar on-site storage container, as determined
by the City, shall be collected by the City's franchisee(s) if the
City has awarded a franchise for such services. In such event,
this provision shall be implemented in accordance with the
procedures and time frames set forth in S 403.70605, Florida
Statutes, and any such franchise agreement.
14305
6-15 -2004
S 143-7
OCOEE CODE
S 143-8
(4) Except as provided in a resolution by the City Commission, all
containers, bags, receptacles and items left for collection which
exceed the limits set forth in this section shall not be collected by
the City or the City's franchisee(s). The City Commission may by
resolution establish rates for the collection of excess waste.
(5) Multifamily residential units containing four or more single-family
residential units shall be subject to the provisions of this article
governing commercial establishments.
B. Commercial establishments.
(1) All commercial establishments in the City shall have all solid
. /waste, other than hazardous waste, used oil or yard waste,
collected by the City's franchisee(s). It shall be a violation of this
article for any person other than the franchisee(s) of the City to
collect or transport solid waste, other than hazardous waste,
used oil or yard waste for hire from commercial establishments in
the City.
(2) Effective February 1, 1994, all recyclable materials generated at
commercial establishments shall be separated at the premises of
the establishment. Owners or operators of commercial
establishments shall have all recovered materials collected by
either a certified recovered materials dealer or by the City's
commercial franchisee(s), who shall also be a certified recovered
materials dealer.
S 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 days' notice of the hearing and the proposed action by
publication in a newspaper of general circulation in the City of Ocoee.
The resolution may provide that the new rate be retroactive to the
beginning of the billing period in which the resolution is passed.
B. Residential rates shall be based on two pickups per week for solid
waste, one pickup per week for yard waste and one pickup per week
for recyclable materials. Customers requiring additional residential
service shall be charged an additional rate to be established by the City
Commission in accordance with S 143-8A.
14306
6 - 15 - 2004
S 143-8
SOLID WASTE
S 143-9.1
C. Billing for solid waste collection service shall be on a monthly basis.
Billing may be performed by the City or its franchisee(s), as
determined by the City. If billing is performed by the City's
franchisee(s), the City may require that payment be made directly to
such franchisee(s).
D. Any rate currently charged by the City or its franchisee(s), whether
adopted by resolution of otherwise, shall remain in effect until
modified by resolution of the City Commission adopted in accordance
with this section.
S 143-9. Charges.
A. Residential premises.
(1) Single-family residential units shall be charged the base rate for
solid waste collection established by resolution.
(2) Multiple-family residential units containing four or fewer single-
family residential units shall be charged the base rate for solid
waste collection established by resolution for each unit.
B. Commercial establishments.
(1) Commercial establishments using trash cans of 96 gallons'
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.
(3) Multiple-family residential units containing more than four single-
family residential units shall be charged for commercial rate for
solid waste collection.
S 143-9.1. Billing and collection of fees.
A. If the subject property utilizes water and/or sewer service from the
City, the solid waste collection service fee shall be billed and collected
monthly with the utility bill in accordance with the provisions of
S 150-7.
14307
6 -15 - 2004
S 143-9. 1
OCOEE CODE
S 143-9.1
B. If the subject property does not utilize water and/or sewer service
from the City, the solid waste collection seNice fee shall be billed and
collected in accordance with the following provisions:
(1) Account deposit. At the time the certificate of occupancy is
issued for the building, the owner must apply to the City for the
initiation of the solid waste collection seNice and shall provide
such information as may be requested by the City on forms
prepared for that purpose. The owner shall be required to place
on deposit with the City an initial account deposit. The deposit i~
intended as security for the payment of any bill which may be
. )lue to the City. The amount of the deposit is $50.
(2) Return of deposit. The, deposit will be returned to the owner,
provided that the solid waste collection seNice fee has been
timely paid by the owner for twelve consecutive months without
a notice of lien being filed for nonpayment.
(3) Billing and collection of fees. For each single-family or mobile
home residential unit or multifamily residential unit, the bill shall
be sent to the record owner of the property as shown in the tax
records; provided, however, that the owner may request that the
City send the bill to the registered account holder if the owner
and the account holder are not the same. It is the owner's
responsibility to notify the City of a change in ownership. Failure
to receive the bill will not relieve the owner of owner's
responsibility. to pay the bill. All bills for solid waste collection
seNice shall be rendered monthly. All billings for solid waste
collection seNice shall be due and payable 15 calendar days after
the date of the billing. The due date shall be shown on each bill.
Owners shall have five calendar days from the due date to make
payment. Payment in full must be made by the due date;
otherwise, the account will be past due.
(4) Unpaid fees to constitute lien. In the event that the fees for solid
waste collection seNices are not paid when due, any unpaid
balance thereof, along with all interest accruing thereon, shall be
and constitute a lien on any parcel or property affected thereby.
The City may place a notice on the door of the building located on
the property or parcel warning the owner prior to recording its
lien, but the City shall not be required to post any such notice.
The City may record in the public records of Orange County,
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S 143-9.1
SOLID WASTE
S 143-9.1
Florida, a notice of lien giving notice to all persons that the City is
asserting a lien upon the affected parcel or property. In the event
that any such fee is not paid when due' and is in default for 30
days or more, the unpaid balance thereof and all interest accrued
thereon, together with the costs of collection, including but not
limited to attorneys' fees and costs, may be recovered by the
City in a civil action, and any such lien, accrued interest and any
additional costs may be foreclosed or otherwise enforced by the
City by action or suit in equity as for the foreclosure of a
mortgage on real property.
C. All accounts shall be delinquent if not paid as provided in the invoice
for the services rendered. If any such deficiency remains unpaid for a
period of 30 days from the date of the original invoice, then the City
may take any action deemed necessary in order to collect such
deficiency or delegate such action to its franchisee(s), including, but
not limited to, termination of service, retaining a collection agency or
attorney, initiating legal proceedings, or recording a notice of lien on
the property as provided in S 143-9.1 D. Sixty days after the filing of a
notice of lien, the City may foreclose same in the same fashion as
mortgage liens are foreclosed. In connection with any such collection
proceeding, the City shall be entitled to recover from the owner of the
property its reasonable attorneys' fees, paralegal fees and other costs
and expenses, whether incurred prior to, during or subsequent to
court proceedings or an appeal. Any person who has had collection
service .terminated must continue to comply with 9 143-7 requiring
removal by the City or City franchisee(s) and S 143-14 regarding the
storage of solid waste. The City and its franchisee(s) may charge a late
fee of up to $100 for any delinquent account or in an amount
established by resolution.
D. Notice of liens may be filed on the real property of the residential
premises or commercial establishment where payment of charges are
delinquent as recorded herein. Notice of delinquency shall be provided
to the person responsible for payment of solid waste collection and to
the landowner at least 30 days prior to the filing of a notice of lien. To
provide public notice of the deficiency the City may (but shall not be
obligated to) record a Notice of Lien in the public records of Orange
County, Florida, stating the description of the real property, the name
of the owner of the real property, the name of the account holder and
the amount due and owing to the City.
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S 143-10
OCOEE CODE
S 143-11
S 143-10. Time of placement of containers.
No person shall place solid waste containers or yard waste bags or
recyclable material containers at the street curb or curbline for collection by the
City or its franchisee(s} prior to 5:00 p.m. on the day preceding the day for
collection of solid waste, garbage, yard waste or recyclable material according
to the schedule established by the Department of Public Works, as may be
modified from time to time. Such containers shall be removed from the street
curb or curbline by 7:00 p.m. on the day of collection by the City or its
franchisee(s} and shall be placed in an inconspicuous area as set forth in this
article.
S 143-11. Supervision; appeals.
A. The Director of Public Works will supervise collection and make
recommendations to the City Commission concerning collection.
B. All solid waste and recyclable material accumulated in the City shall be
collected, conveyed and disposed of by the City or its franchisee(s}
under the supervision of the Director of Public Works, except as
otherwise provided within this article or by Florida Statutes. The
Director shall have the authority to make recommendations
concerning the days of collection, type and location of solid waste and
recyclable material containers and such other matters pertaining to the
collection, conveyance and disposal as he shall find necessary and to
change and modify the same after notice published in a newspaper of
general circulation at least 10 days in advance of the effective date of
such change or modification, said notice to indicate that persons
aggrieved shall have the right of appeal to the City Commission, as
provided in Subsection B hereof, provided that such regulations or
modifications are not contrary to the provisions of this article.
C. Appeals. Any person aggrieved by a regulation of or fee charged by
the Director shall have the right of appeal to the City Commission,
which shall have the authority to confirm, modify or revoke any such
regulation or fee.
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SOLID WASTE
S 1 43-1 2
S 143-12. Franchise agreements.
A. The City Commission may enter into one or more franchise
agreements with one or more persons or entities to provide the
following collection and disposal seNices within the City:
(1) Commercial and multifamily solid waste, including commercial
construction and demolition debris,
(2) Residential yard and bulky waste,
(3) Residential solid waste and recyclable materials, and/or
(4) Residential construction and demolition debris. Each franchise
agreement shall contain the name of the person or entity being
awarded the franchise; the franchise right being granted; the
length of the franchise; the territory of the franchise; the
performance bond and the conditions thereof to be furnished by
the franchisee; insurance requirements for the franchisee;
frequency of collection; and such reasonable terms, restrictions
and rules regarding collections as the City may determine
necessary in order to implement the safe and efficient collection
of solid waste. The franchise agreement shall be on terms and
conditions as determined by the City Commission. Each franchise
agreement may be exclusive as to the applicable territory, and
the term may be up to five years with an option to extend the
franchise agreement for up to two years or as provided in
S 143-121.
B. Franchise agreements may also provide for a nonexclusive franchise
for the collection of recyclable materials from commercial
establishments. However, nothing in this article or any franchise
agreement shall restrict the ability of a commercial establishment to
enter into a contract with a certified recovered materials dealer to
collect, transport, process or receive recovered materials.
C. The compensation for franchisee(s) under this article shall be in
accordance with the provisions of franchise agreement. The City or its
designee franchisee(s) shall bill and collect all fees and charges for
collection and disposal services, and the City shall retain or be paid, as
the case may be, a franchisee fee in an amount not to exceed 20% of
the total fees and charges collected. The City shall also retain or be
paid, as the case may be, an administrative fee in an amount not to
exceed 5% of the total fees and charges collected in order to defray
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~ 143-12
OCOEE CODE
~ 143-1 2
costs associated with the administration of the franchise. The City
may also collect from such franchisee(s) such other fees and charges
as may be set forth in the franchise agreement. The rates charged for
solid waste services shall include all such fees and charges.
D. If the City Commission decides to seek proposals for the award of a
franchise, then the City shall prepare proposal documents and receive
competitive proposals from applicants for collection wtthin the City.
The City Commission may accept the proposal which it deems to be in
the best interest of the City and enter into one or more franchise
agreements. In determining which proposal will be accepted, the City
will. -,consider such factors .as the proven ability of the applicant to
efficiently collect solid waste; the type and amount of equipment; the
proposed performance bond and insurance; frequency of collection;
and other factors deemed appropriate by the City.
E. In accordance with the provisions of ~ C-8 of Article II of the City
Charter, no franchise shall be awarded by the City until such time as
the City Commission has held a public hearing on the proposed
franchise, preceded by at least 30 days' notice of the hearing and the
proposed action by publication once a week for four consecutive
weeks in a newspaper of general circulation in the City.
F. The City Commission, after complying with the provisions of Section
403.70605, Florida Statutes, may enter into a franchise agreement
with one or more persons or entities to provide collection service for
residential construction and demolition debris within the City. Such
franchise may be awarded as a separate franchise agreement or
awarded to an existing franchisee.
G. Any services not subject to an existing franchise agreement as of
August 1, 2003, may be awarded to an existing franchise holder of the
City on terms and conditions as may be determined by the City
Commission without going through the process set forth in
~ 143-12D.
H. The City may, at its option, combine one or more franchise
agreements into a single franchise agreement.
I. Extensions to one or more franchise agreements may be made upon
agreement of the franchisee and the City for the purpose of adjusting
the length of such franchise agreement in order to facilitate the
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9 143-1 2
SOLID WASTE
9 143-16
combination of franchises for different types of solid waste collection
services.
9 143-13. Identification of recyclables.
The following recyclable materials are considered suitable for curbside
collection by the City or its franchisee(s): all aluminum cans; steel cans; three
classifications of glass (brown, green and white); paper goods, including
newspaper and computer paper; and plastics, such as two-liter soft-drink
containers and plastic-coated drink cartons. The materials which are suitable
for the curbside recycling program may be changed from time to time pursuant
to the procedures set forth in 9 143-11 A.
9 143-14. 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.
9 143-15. Unauthorized accumulation.
Any unauthorized accumulation of solid waste or recyclable material on any
premises is hereby declared to be a nuisance and is prohibited. Failure to
remove any existing accumulation of solid waste or recyclable material within
such period as may be fixed in a written or printed notice posted on the
premises or delivered to the owner or occupant of the premises shall be
deemed a violation of this article.
9 143-16. 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
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S 143-1 6
OCOEE CODE
S 143-1 9
street, sidewalk, alley, parkway or other public place or into any occupied
premises within the City.
S 143-17. Preparation of recyclable materials.
Those residential customers who voluntarily participate in the recycling
program established hereby shall separate recyclable material from other solid
waste and place the recyclable material in the plastic containers provided by
the City of Ocoee or its franchisee(s). However, if the volume of recyclable
material is too great to fit into the plastic containers furnished by the City or its
franchisee(s)" then the recyclable material may be stacked and bound with a
nonmetallic' substance (e.g., rope, string or plastic) or placed in a large brown
paper bag. All recyclable material being placed in approved containers provided
by the City of Ocoee or its franchisee(s) shall have been drained of all free
liquids before being placed curbside for collection by the City or its
franchisee(s). The containers shall be placed at the street curb or curbline for
collection according to a schedule to be determined by the Department of
Public Works, and the weight of each container shall not exceed 40 pounds of
weight.
S 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.
S 143-19. Ownership of recyclable materials.
All recyclable material collected from residences shall be separated from
nonrecyclable material and placed in the plastic containers furnished by the
City or its franchisee(s). From the time of placement at the curb by any
resident, such materials shall become and be the property of the City of Ocoee
or its franchisee(s). Furthermore, it shall be a violation of this article for any
person, other than authorized personnel of the City of Ocoee or its
franchisee(s), to collect, pick up or cause to be collected or picked up any such
recyclable material from residences.
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S 143-20
SOLID WASTE
S 143-21
S 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.
S 143-20.1. Labeling of commercial containers; recyclable materials.
A. All commercial containers which are intended to serve as a depository
for recyclable materials shall meet the following minimum labeling
standards:
(1) The commercial container shall be clearly labeled in conspicuous
print on at least two sides as follows: "FOR RECYCLABLE
MATERIALS ONLY."
(2) The name, address and phone number of the certified recovered
materials dealer who will be collecting the recyclable materials
from the commercial container shall be labeled in conspicuous
print on at least two sides of the commercial container.
B. No person shall place recyclable materials in a commercial container
unless the commercial container is labeled in accordance with the
requirements of S 143-20.1 A.
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 143-20.1 A.
S 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,
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S 143-21
OCOEE CODE
S 143-23
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 appljcation 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
10cEllaws, 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.
S 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.
S 143-23. Penalties for offenses.
A. Any person violating any provision of this article shall, upon conviction,
be punished as provided in S 1-12 of Chapter 1, General Provisions,
Article II, of the Code of the City of Ocoee.
B. In addition to the penalties hereinabove provided, any condition
caused or permitted to exist in violation of any of the provisions of this
article shall be deemed a public nuisance and may be, by the City,
abated as provided by law, and each day that such condition continues
shall be regarded as a new and separate offense.
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S 143-24
SOLID WASTE
S 143-25
.
S 143-24. Required use of garbage cans.
The Director of Public Works may designate areas within the corporate limits
of the City where garbage carts, as hereinafter defined, shall be provided to
every resident, occupant or owner of a single-family residence or a multifamily
residence containing four or fewer single-family residential units having,
keeping or offering for collection any solid waste. All references in this article
to "garbage carts" shall mean a container, owned by the City or its
franchisee(s) and provided to residents, occupants or owners as set forth
herein, of 96 gallons' capacity on wheels for rolling with a non removable
hinged lid, suited to automatic dumping equipment utilized by the City or its
franchisee(s) and intended to contain not over 200 pounds. Residents,
occupants or owners shall be notified of such designation and the required use
of the garbage cart pursuant to written notice from the Public Works
Department. The Public Works Department shall, at the City's expense, initially
provide garbage carts to the notified residents, occupants or owners, and it
shall thereafter be mandatory for those residents, occupants or owners to
utilize the garbage carts, instead of the containers otherwise required pursuant
to S 143-2A hereof; provided, however, that the provisions of S 143-28 through
D, inclusive, shall remain in effect with regard to such residents, occupants or
owners provided with garbage carts.
S 143-25. Use of garbage carts; prohibited uses.
A. All persons offering solid waste other than as specified in ~ 143-258
for collection by the City or its franchisee(s) and who have been
provided a garbage cart by the City or its franchisee(s) shall place all
solid waste other than as specified in S 143-258 in the garbage cart for
collection.
B. No person shall place any special wastes, including but not limited to
yard waste, lawn clippings, leaves, tree trunks or limbs, used oil and
construction and demolition debris, hazardous wastes, recyclable
materials, hot ashes or hot materials in any garbage cart. The City or
its franchisee(s) shall have no obligation to collect any of the foregoing
placed in any garbage cart.
C. No person shall burn, ignite or otherwise cause the combustion of
materials of any kind whatsoever in any garbage cart.
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3.143-25
OCOEE CODE
3 143-28
D. No person shall place solid waste in excess of 200 pounds in any
garbage cart. Any solid waste offered for collection in excess of 200
pounds shall be deemed an additional pickup. The rates for the
collection for such additional pickup shall be determined by resolution
of the City Commission in accordance with 3 143-8.
3 143-26. Collection of solid waste by City.
In lieu of the provisions of 3 143-7 A(2), the following provisions shall apply to
all residents, occupants or owners who have received a garbage cart: The City
or its franchisee(s) shall limit its residential collections to one garbage cart of
solid waste 'per solid waste pickup, five lawn bags or an amount not to exceed
two cubic yards of loose tree or shrub trimmings per yard waste pickup and
two recycle bins per recycling pickup. The City or its franchisee(s) shall collect
residential solid waste from garbage carts twice per week, yard waste once
per week and recyclable once per week.
3 143-27. Location and time for placing; removal of garbage carts.
A. With regard to the collection of solid waste, all garbage carts shall be
placed within three feet of the street or right-of-way of the premises
as practicable or in a location otherwise designated by the Solid Waste
Department no earlier than 5:00 p.m. of the day preceding the day
designated for collection and shall be removed not later than 7:00 p.m.
on such designated day. At all other times, garbage carts shall be
placed in side yards or rear yards and screened from view to the
extent practicable. Except as provided herein, garbage carts shall at no
time be placed in the front yard of the premises.
B. It shall be unlawful for any resident, occupant or owner to remove a
garbage cart from the premises to which such garbage cart has been
provided.
3 143-28. Maintenance and replacement of garbage carts; return of
garbage carts.
A. All garbage carts shall be kept in a safe, clean and sanitary condition by
the resident, occupant or owner. Any garbage cart which fails to meet
such safe, clean and sanitary standards is declared to be a nuisance
14318
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9 143-28
SOLID WASTE
9 143-29
and shall be condemned and disposed of upon order of the Director of
Public Works or his designee and replaced at the resident's,
occupant's or owner's expense.
B. The City or its franchisee(s) will replace, at its own expense, garbage
carts damaged or worn through no fault of the resident, occupant or
owner. The City or its franchisee(s) will replace, at the resident's,
occupant's or owner's expense, garbage carts damaged or worn
through fault of the resident, occupant or owner. The City or its
franchisee(s) will replace, at its own expense, garbage carts which are
stolen. The City or its franchisee(s) will replace, at the resident's,
occupant's or owner's expense, garbage carts which are lost. The City
or its franchisee(s) shall have no obligation to collect any solid waste
from a garbage cart it deems damaged or worn. A resident, occupant
or owner shall immediately notify the Public Works Department of any
lost, stolen, damaged or worn garbage cart.
C. The cost of replacement of a garbage cart shall be established by the
City Commission by resolution after a public hearing preceded by at
least seven days' notice of the hearing and the proposed action by
publication in a newspaper of general circulation in the City of Ocoee.
The cost of replacement of a garbage cart shall be billed to the
resident, occupant or owner on the City water bill and, at the request
of the resident, occupant or owner, may be paid in three equal
monthly installments.
9 143-29. Conflicts.
In the event of a conflict between the provIsions of 99 143-24 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 S9 143-24 through
143-28, inclusive, shall control; provided, however, that the provisions of
99 143-24 through 143-28, inclusive, shall be applicable only to residents,
occupants and owners who have been provided a garbage cart by the City or
its franchisee(s).
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