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Item V (C) Frist Reading of Ordinance 91-02 Garbage & Refuse Collection AGENDA 2-19-91 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V C Ocoee LESI•ER DABBS,JR. ' clot .00:: CITY OF OCOEE RUSTY JOHNSON 4 150 N.LAKESHORE DRIVE PAUL W.FOSTER C; O OCOEE FLORIDA 34761 �, 65�23� VERN COMBS ,: SAM WOODSON R�,`� OI GOO* '' CITY MANAGER ELLIS SHAPIRO STAFF REPORT TO: The Honorable Mayor and Board of City Commissioners FROM: Ray Brenner , Public Works Director ' DATE: February 11, 1991 TT�� RE: Amendment to Ordinance 89-20 ISSUE: Should the Honorable Mayor and Board of City Commissioners auth- orize the amendment to ordinance #89-20 to establish times when household solid waste containers are to be placed curbside for collection and to be removed after collection? BACKGROUND DISCUSSION: Currently residents are experiencing neighbors not returning their garbage containers to inconspicuous areas after collection or placing garbage at the curbside one or two days prior to collections. This situation is unhealthy and a safety hazard as well as un- sightly. Staff has discussed these issues with neighboring cities . The consensus is that this amendment is necessary to eliminate the situation earlier mentioned, thus giving the city the ability to enforce violations/violators. The amendment was sent to the city attorney for a legal opinion and it appears reasonable for the city to amend ordinance #89-20 to reflect times for containers to be placed and removed from curbside. RECOMMENDATION: Based on the above, it is respectfully recommended that the Honorable Mayor and Board of City Commissioners adopt the amend- ment to ordinance #89-20. RB:jh SENT BY:Xerox Telecopier 7020 ; 2-13-91 ; 11:40 ; 4076481743-+ 407 656 57254 2 ORDINANCE NO. 91- 02 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO GARBAGE AND REFUSE COLLECTION; ESTABLISHING TIME FOR PLACEMENT AT AND REMOVAL FROM CURBLINE OF SOLID WASTE OR RECYCLABLE MATERIAL CONTAINERS FOR COLLECTION; PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida desires to enhance the beauty, health, safety and welfare of the City by limiting the amount and time solid waste and recyclable material containers remain along the curblines in the City. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: section S. The City Commission of the City of Ocoee, Florida has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. Election 7. The following Section 11-9.1 of Chapter 11 of the Code of Ordinances of the City of Ocoee, Florida, is hereby created and reads as follows: 11-9.1 Time for Placement of Containers for Collection No person shall place solid waste containers 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 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 fran- chisees and shall be placed in an inconspicuous area as set forth in this Chapter. BeCtion 3. severability_. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SNI OY:Xerox Telecopier 7020 ; 2-13-91 ; 11:41 ; 4076461743-+ 407 656 5725;# 3 B.OtiO11 4. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1991. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA By: Jean Grafton, City clerk Lester Dabbs, Jr. , Mayor (SEAL) ADVERTISED February 21 , 1991 READ FIRST TIME February 191991 READ SECOND TIME AND ADOPTED March 5 , 1991 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED BY THE OCOEE CITY APPROVED AS TO FORM AND COMMISSION AT A MEETING LEGALITY, this day HELD ON , 1991 of , 1991 UNDER AGENDA ITEM NO. FOLEY i LARDNER By: City Attorney i