ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY OF TREASURE ISLAND, FLORIDA, RELATING TO PUBLIC HEALTH, SAFETY AND GENERAL WELFARE OF THE CITY OF TREASURE ISLAND, FLORIDA; AMENDING THE CODE OF ORDINANCES OF THE CITY OF TREASURE ISLAND, FLORIDA, BY REPEALING CHAPTER 38 SOLID WASTE IN ITS ENTIRETY; ESTABLISHING CHAPTER 38 RECYCLING AND WASTE MANAGEMENT WHICH INCLUDES ARTICLE I IN GENERAL, SECTION PURPOSE, SECTION ADMINISTRATION OF THE CHAPTER, SECTION DEFINITIONS, SECTION UNLAWFUL PRACTICES GENERALLY, SECTION ENFORCEMENT AND PENALTIES, ARTICLE II COLLECTION AND DISPOSAL OF RECYCLABLE MATERIALS AND SOLID WASTE, SECTION COLLECTION AND DISPOSAL BY CITY, SECTION MATERIALS THAT ARE NOT COLLECTED AND DISPOSED OF BY THE CITY, SECTION DUTIES OF CITY, SECTION DUTIES OF SINGLE-FAMILY RESIDENTIAL CUSTOMERS, SECTION DUTIES OF MULTI-FAMILY RESIDENTIAL CUSTOMERS, SECTION DUTIES OF COMMERCIAL CUSTOMERS, SECTION WASTE COLLECTION SERVICES FOR SPECIAL, TEMPORARY OR TRANSIENT USERS; CHARGES, SECTION OWNERSHIP OF SOLID WASTE AND RECYCLABLE MATERIALS, ARTICLE III RATES, CHARGES AND BILLING, SECTION BILLING, SECTION CHARGES, SECTION FAILURE TO PAY; LIENS, PROVIDING FOR SEVERABILITY; CONFLICT; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, pursuant to the authority of the City s Charter and its home rule powers, the City Commission of the City of Treasure Island, Florida possesses the power to amend the Code of Ordinances for the City of Treasure Island, Florida; and WHEREAS, the City of Treasure Island, Florida provides solid waste collection and disposal services to all of the residents and businesses of the City of Treasure Island, Florida; and WHEREAS, on July 18, 2017, the City hired Kessler Consulting, Inc. to conduct a study and recommend amendments to the solid waste provisions within the Code of Ordinances of the City of Treasure Island; and

2 WHEREAS, the revised ordinance establishes the framework for a multi-family recycling program, encourages recycling and best practices, and clarifies the roles of the City and its residents to increase compliance; and WHEREAS, after careful consideration, the City has determined that it is in the best interest of the public health, safety and welfare of the citizens of the City of Treasure Island, Florida to repeal the City s current Chapter 38 Solid Waste from the Code of Ordinances of the City of Treasure Island, Florida; and WHEREAS, the City desires to establish a new Chapter 38 Recycling and Solid Waste Management in the Code of Ordinances of the City of Treasure Island, Florida; and NOW, THEREFORE, THE CITY OF TREASURE ISLAND DOES ORDAIN: SECTION 1. The recitals set forth in the Whereas clauses above are ratified and confirmed as true and correct, and are hereby adopted as legislative findings by the City Commission for the adoption of this Ordinance. SECTION 2. Chapter 38, SOLID WASTE of the Code of Ordinances of the City of Treasure Island, Florida is hereby repealed from the Code of Ordinances as follows: Chapter 38 - SOLID WASTE ARTICLE I. - IN GENERAL Sec Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Garbage means refuse, tin cans, glass, paper, bottles and the boxes and paper cutting from or being disposed of by residents and commercial or business establishments, and every refuse, kitchen accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables, and other refuse that may accumulate in the normal household, which shall all be contained in receptacles specifically provided for that purpose; and shall also include all boxes and containers, providing the boxes and containers shall be broken down flat. Garbage containers means garbage cans of any material, which shall not be larger than 32-gallon capacity and which shall have tightly fitted lids, or large metal containers provided for mechanical dumping by collection equipment. Garbage can type containers shall have handles or pickup points on opposite sides of each container. Multiple dwellings means all places of abode other than single-family residences such as apartment houses, roominghouses and boardinghouses,

3 sanitariums, rest homes, hospitals, resident schools, hotels, motels and motor courts, guest houses, tourist homes, trailer courts, trailer camps and all other similar places. Noncombustible refuse means refuse materials that are unburnable at ordinary bonfire or incinerator temperatures, such as durable junk, metals, mineral matter, stone, cement and concrete derivatives, glass, crockery, metal furniture, or parts thereof and other similar material or refuse, none of which shall be placed in garbage containers or in any way mixed with garbage. For practical purposes, unless otherwise prohibited, and when not unduly cumbersome for ordinary pickup and disposal purposes, trash may include noncombustible as well as combustible refuse, unless trash is disposed of by incinerator method. Trash means any refuse other than garbage or putrescible material. It shall include discarded paper, discarded flowers, decorations, cuttings of grass and weeds and branches, shrubs and vines. The word "trash" does not include earth, sod, trees, wallpaper, roofing material, plaster, concrete, or other substances that may accumulate as a result of repairs to land or buildings, or as a result of initial clearing of lots, or as a result of building operations. Sec Treatment of garbage. (a) (b) (c) (d) All garbage, tin cans, bottles and other disposable containers shall first be drained of liquids and shall be deposited in a garbage container. The wet garbage matter shall be drained and wrapped in paper before being placed in a garbage container. Hotels, restaurants or other eating establishments, upon an exemption granted by the city, shall not be required to wrap wet garbage. All such excepted persons shall clean and rinse and maintain in a reasonably sanitary and nonodorous condition each garbage container immediately following each collection of garbage and shall at all times maintain the containers free from stench and other objectionable condition. Trash consisting of grass cuttings, weeds, leaves, small plant clippings and similar material may be placed in the regular garbage containers for collection on garbage pickup days. All empty cardboard containers shall be broken down and placed in containers or tied flat in bundles that can be handled by one man. Lids of all containers shall be kept closed at all times except while depositing garbage, which shall be done in such way as not to commit a public or private nuisance. Sec Treatment of trash. (a) (b) All trash consisting of grass cuttings, weeds, leaves, small plant clippings and all similar material shall be placed at the curbline in containers, which may be garbage can type, or bags, boxes or cartons, which will be collected as part of the trash and disposed of. Only garbage can type containers will be left at the pickup site

4 (c) (d) Fronds, brush, limbs and other similar matter, over five inches in diameter and three feet in length, will not be picked up. Such trash must be placed only in front of the property being served, between the property line and the street; but in no case shall it be placed more than ten feet back of any curbline or edge of pavement. Trash shall be set out in the manner stated above not earlier than sunset the day preceding a scheduled collection day, and all containers shall be removed not later than midnight on the day of collection. Sec Unlawful accumulation. (a) (b) It shall be unlawful and a violation of this article for the owner or occupant or manager or person responsible for any land or premises to permit, suffer, allow, either by commission or omission, any accumulation of garbage or other waste material, upon premises or property within the city for a period longer than four days, without having arranged for disposal of the accumulation. It shall be unlawful and a violation of this article for any person, whether owner, manager or occupant of any premises, to fail to provide a sufficient number of containers per unit as provided in this article. Sec Responsibility for removal of noncombustible refuse. Industrial wastes and noncombustible refuse must be removed by the owner, occupant or operator by a duly licensed contractor performing the work for the person responsible at his expense for the accumulation of such waste accumulations, as the case may be. Sec Burying or burning of garbage prohibited. It shall be unlawful for any person to bury or burn garbage or other material. Sec Responsibility for removal and disposal; inspection; violation. (a) (b) (c) (d) All residents, occupants or owners of premises or improved property in the city are required to have all accumulation of garbage and/or trash removed and disposed of by the garbage collection services by the city and shall pay the prescribed fees for removal and disposal services. The city shall provide and bill the owner, who shall be responsible to pay the city therefor, two garbage and trash collections for improved residential property, and commercial property at least twice a week. It shall be the duty of the city inspector to inspect the premises and cause to be removed any and all garbage found on the premises at the expense of the owner. This section shall likewise apply to the duties of the city inspector to report to the proper city authorities any violation of this article, to institute and prosecute any person found or suspected as being in violation of this article,

5 (e) and to appear as a witness for the city in any action pertaining to violation of this article. Exemption. The city manager may issue a permit to allow private individuals or companies to service commercial accounts upon a finding that the city's equipment is either inadequate to service the proposed account or it is not economically feasible for the city to service the account. Permits shall be issued in October of each year. (1) The city shall have the unilateral right to approve the use of container sizes larger than those serviced by the city. (2) The city manager may, at any time, revoke any permit issued pursuant to this section upon finding that the city has acquired the equipment necessary to service the account or it has become economically feasible for the city to service such account. (3) The private individual or company (business) that has been issued a permit shall compensate the city by paying the city, on a quarterly basis, a percentage of the gross revenue of the customers being serviced in the city by such business. The percentage of the gross revenue shall be fifteen percent which may be modified by resolution. Only businesses in compliance with the section may be issued a permit. Secs Reserved. ARTICLE II. - COLLECTION DIVISION 1. - GENERALLY Secs Reserved. DIVISION 2. - CONTAINERS Sec Required. All owners and residents and all occupants of any single-family dwelling, and the owner, user, manager or occupants of any multiple dwelling or of any place of business or commercial establishment within the city are hereby required to have garbage cans of sufficient capacity to hold the accumulation of garbage. Moreover, it shall be the duty of the owner, manager, tenant or occupant of any multiple dwelling to furnish, or see that each cooking unit of each multiple dwelling is furnished or supplied with, a garbage can, adequate and sufficient in size to comply with the terms of this article. Sec Improper receptacles; prosecution. No garbage shall be collected by the city from any premises unless the garbage is deposited in a proper can or receptacle, and the owner or occupant or person responsible for using the premises may be cited for noncompliance with this essential requirement

6 Sec Tightly closed. Garbage cans shall be kept tightly covered at all times except when it is necessary to lift the cover for disposal or removal of garbage therefrom or to deposit garbage therein. It shall be unlawful for any person to deposit garbage in such amounts in the can or cans that will not permit the cover of the garbage can or cans to be kept tightly in place. Sec Location. Garbage cans are required to be kept in places easily accessible to the city inspector and to the employees of the garbage collector, but not in such places or under such conditions as to cause an unnecessary or unreasonable offense to sightliness, cleanliness, safety or other sanitary conditions. They shall not be kept upon neighboring property not in the ownership or tenancy of the person by whom the garbage was accumulated, whether such neighboring property is vacant or improved, without the written consent of the person having the right to possession and use of the property. Garbage cans shall be placed in the alley of all improved land served by an alley or such other places as shall be designated by the city if alley pickup is nonexisting or impractical. Sec Screened from public view. (a) (b) (c) All garbage receptacles within the city shall be screened from the public highway and neighboring property as follows: (1) Garbage receptacles located at private homes, duplexes or apartment units, none of which provide public eating services, may be screened by landscaping or shrubbery in such a manner as to completely hide from view such receptacles. (2) At restaurants, hotels, motels, garages, filling stations, theaters, cocktail lounges or barrooms, the screens, before being erected, shall be approved by the city manager, but shall be so erected as to completely obscure receptacles from the highway or occupants of neighboring property; and the city manager reserves the right to determine the material used in construction of screens. All plans for screening of receptacles shall be submitted to the city manager for his approval before construction is begun. The city manager shall have the right to make any adjustments under this article for the best protection of the public. Garbage receptacles recessed in the ground with the top thereof level with the ground need not be screened. Sec Inspection; condemnation. All garbage cans shall be subject to an inspection and approval or condemnation by the city inspector or police department at all times. Upon condemnation by the city inspector or police of any garbage can, a notice of such

7 condemnation shall be placed upon the condemned can or handed to the owner or occupant or left at his regular place of abode, and he shall comply therewith. It shall be unlawful for any person to place in such condemned can any garbage or other material, and the owner or occupant of the premises shall provide a new can to take the place of the can condemned. Sec Collection. All garbage in cans or containers shall be picked up at least twice each week. Sec Food serving establishment required to use metal container. All establishments serving food shall be required to use metal containers suitable for mechanical loading. The number of containers shall be sufficient to hold all garbage deposited, as determined by the department of public works. The containers shall be emptied a minimum of five times per week, and use charges for the containers shall be in addition to the service charges. Sec Size of containers. (a) (b) (c) Multiple-unit residences shall be required to have a one-cubic-yard container for every ten units. For commercial district uses, the number and size of containers shall be required as determined by the public works department. They shall be required to use metal containers suitable for mechanical loading either as single establishments or in combination with other adjacent establishments upon a determination of the public works department that the containers would reduce or eliminate an unhealthful or objectionable condition as to constitute a nuisance. Use charges shall be in addition to regular service charges; and in the event of multiple usage, charges shall be prorated on the basis of service charges applicable to the respective establishments. Sec Asphalt pad or concrete and paved areas required for mechanical loaders. Where containers for mechanical loaders are required, the owner, manager or lessee shall be required to provide a pad of asphalt or concrete and paved area necessary to transport such containers to the point of truck pickup. Sec Special garbage collections, service furnished; fees. Special, temporary or transient users, such as circuses, tent shows, carnivals or other miscellaneous or transient users, shall pay such fee for garbage and/or trash collection services as may reasonably be determined by the city clerk, based upon a reasonable estimate of the anticipated services required, at the time the license for such business shall be issued. Secs Reserved

8 ARTICLE III. - RATES, CHARGES AND BILLING PROCEDURE Sec Charges; liens. (a) (b) The charge for garbage collection shall be based upon the type and amount of garbage collection services, the number of containers per week thereof, and the frequency in the schedule of collections as the city commission shall determine and provide by written resolution. It is mandatory for all improved properties within the city to pay the prescribed fees and charges for the service. Upon failure or refusal to do so, they shall be subject to the penalties and the property shall be subject to the liens hereinafter provided, or the service may be discontinued and cut off and resumed, after the payment of appropriate penalties and interest for tardy or delinquent payment or both, at the discretion of the city. Sec Lien for garbage services; amount. (a) (b) All property within the city is subject to lien for nonpayment of the garbage and/or trash collection service charges imposed under this article at the rates promulgated by resolution of the city commission, based upon charges sufficient to cover all costs of operation. In addition to the other penalties prescribed by this article, upon failure of the owner of any improved property subject to payment of collection service charges under this article to pay the charges on or before the due date, the city shall impose a lien upon the property for which the service is available and which property is subject to each lien payment. The lien shall consist of charges due, plus eight percent interest, plus all costs incident to filing and imposing the lien. The lien shall be imposed against the land in the manner prescribed by law and may be foreclosed and the property sold to satisfy the lien in the manner prescribed by law. SECTION 3. Chapter 38, RECYCLING AND WASTE MANAGEMENT of the Code of Ordinances of the City of Treasure Island, Florida is hereby established in the Code of Ordinances as follows: Chapter 38 RECYCLING AND WASTE MANAGEMENT ARTICLE I. In General Purpose. The purpose of this chapter is to promote and protect public health, safety, and general welfare of the city. The regulations and authority established herein are for the purpose of providing a solid waste collection and disposal program and to promote recycling by both residential and commercial customers

9 Administration of the Chapter. The city manager or designee shall be the principal city official responsible for the administration of this Article, and he may delegate any or all of the duties herein. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Back door collection means the emptying by collection crews of collection containers located at the back door, side door, or other location approved by the public works department other than curbside. Bulk metal means items such as engine blocks and components, electric motors, pumps, castings and forgings, motor vehicle wheels, propane tanks, and the like. Commercial property means a building, site, or portion of a structure where commercial use activities occur. Commercial customer means the owner, tenant, occupant, or other person having control of a commercial establishment. Commercial solid waste means solid waste generated by a commercial establishment, exclusive of prohibited waste and materials. Construction and demolition (C&D) debris means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Container means a receptacle for the accumulation of solid waste or recyclable materials including, but not limited to, trash can, roll cart, bulk container or dumpster requiring mechanical lifting, and roll-off open-top or compaction containers. Containerized collection means the use of dumpsters requiring mechanical lifting to accumulate solid waste for collection. Curbside collection means the placement of collection containers by residential customers receiving curbside service along the street or curbline to be emptied by solid waste personnel. Customer means the owner, tenant, occupant, or other person having control of the improved real property

10 Dumpster means a large container at least one (1) cubic yard in size for the accumulation of solid waste or recyclables designed to be hoisted into a specially equipped truck for emptying. Dwelling unit means a single unit consisting of not less than 500 square feet of living area providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation, but not including recreation vehicles, tents, hotels, motels or boardinghouses. Electronics means televisions, computers, video game systems, and similar items as defined by the city. Hazardous waste means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed. The term does not include human remains that are disposed of by persons licensed under chapter 497 of the Florida Statutes. Hazardous materials means petroleum-based oil and other engine oils, oilbased paint, tires, solvents, paint thinners, acids and alkalis, flammable liquids and gasses, medical wastes, insecticides, herbicides, lead-acid batteries, and the like. Land-clearing debris means uprooted or cleared vegetation resulting from a land-clearing operation and does not include yard waste. Multi-family customer means the owner and or other person having control of a multi-family dwelling. Multi-family dwelling means any dwelling in a residential dwelling complex with six (6) or more dwelling units, including apartment houses, condominiums, cooperative apartments, mobile home parks and similar dwellings, but does not include recreation vehicle parks, hotels, motels, or boardinghouses. Person means any and all persons, natural or artificial, including any individual, firm, or association; any municipal or private corporation organized or existing under the laws of this state or any other state; any county of this state; and any governmental agency of this state or the Federal Government. Private collector means a private individual or company that provides solid waste collection services. Putrescible waste means solid waste that will putrefy. Recovered materials means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but the term does not include materials destined for any use that constitutes disposal. Recovered materials are not solid waste

11 Recyclable materials means those materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste. Recycling means any process by which solid waste, or materials that would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or intermediate or final products. Recycling container means any container used for the purpose of accumulating recyclable materials. Residential customer means the owner, tenant, occupant or other person having control of any single-family dwelling or multi-family dwelling. Roll-off container means any large capacity container used for commercial or industrial service, or for special purposes, including but not limited to, containers with capacities between ten and forty cubic yards and which are transported with their contents by vehicle to a solid waste disposal site. Roll cart means a wheeled, lidded container typically of gallons in size for accumulation of solid waste or recyclable materials. Single-family dwelling means a building designed for and/or containing only one dwelling unit. For the purposes of this chapter, single-family dwellings also include dwellings in residential complexes containing up to five (5) dwelling units, Solid waste means sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered materials as defined above and post-use polymers as defined in section , Florida Statutes, are not solid waste. Source separated means that the recovered materials are separated from solid waste at the location where the recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other, and recognizes de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. Special pick-up waste means solid waste that can require special handling and management. Special pick-up waste shall specifically include white goods, furniture, electronics, yard waste in excess of the amount allowed per residential customer, and other materials as defined by the public works department that the city collects from residential customers for an additional charge. Waste means garbage, rubbish, refuse, special waste, yard waste, or other discarded material resulting from domestic, commercial, or governmental operations, excluding biomedical waste, biological waste, construction and demolition debris, hazardous waste, hazardous materials, land-clearing debris. For the purposes of this chapter, the term does not include recyclable materials or recovered materials

12 Waste audit means an analysis of the types and quantities of waste generated, either through visual observation or manual sorting, for the purpose of identifying the volume of materials that could be reduced, recycled or otherwise diverted from disposal. Waste container means any container used for the purpose of accumulating waste. White goods means discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances.) Yard waste means vegetative matter resulting from landscaping maintenance and land clearing operations and includes associated rocks and soils. Unlawful practices generally. (a) Unlawful accumulation, placement or removal of materials. It is hereby declared unlawful and a violation of this chapter for any person to do or permit to be done any of the acts or practices listed below: (1) To permit or allow any accumulation of solid waste, or special pick-up waste, upon public or private real property within the city for a period longer than four (4) days without having arranged for disposal of the accumulation, or unless it is authorized by permit or in conjunction with a business lawfully operated pursuant to city code. (2) To place or cause to be placed upon the property of another or upon any public place, waterway, or storm sewer within the city any tree trunks or limbs, trash, debris, litter, solid waste or other discarded matter of any kind, except as specifically allowed by city code. (3) To remove, pickup, or transfer another s recyclable materials or waste deposited in containers or otherwise placed for collection. This prohibition shall include scavenging in waste or recycling containers on public or private property. This provision shall not apply to those authorized by the city to collect, process and/or market such recyclable materials or waste. Each unauthorized removal, pickup or transfer of recyclable materials or waste shall constitute a separate offense. (4) To place in any waste or recycling container any hazardous waste, hazardous material, wet paint, construction and demolition debris, acid, explosive material, flammable liquids, burning substance or any dangerous or highly corrosive material, used oil or biological waste that might be detrimental or harmful to any person or persons. The city will not be responsible for the collection or disposal of these materials. Damage to city-owned or city-provided containers as a result of the above will be repaired at the expense of the offender

13 (5) To bring solid waste and/or yard waste into the city from outside the city limits, or transfer solid waste originating from one party to another party within the city for collection and removal by the city. (6) To burn any solid waste, yard waste, trash or debris within the city. (7) To place non-recyclable items in recycling containers. (8) To mix yard waste with waste or place yard waste in waste containers for collection. (9) To bury any solid waste within the city. (10) To violate any provisions of this Chapter. (b) Unlawful placement of third party or contractor-generated waste. It shall be unlawful for any third party or contractor to create or leave construction and demolition debris, yard waste or other solid waste generated by performance of any work on private property for the city to collect. Proper disposal of such materials shall be the responsibility of the property owner, occupant or contractor. No materials from such operations shall be placed in any residential or commercial container or set out curbside for collection by the city without prior authorization by the city. Violations of Section shall be enforced as local ordinance violations with the penalties identified in Section (c) Nothing in this chapter shall be interpreted to prohibit activities otherwise authorized in this code. Enforcement Procedures and Penalties. (a) Inspections. City code and law enforcement officers are authorized to conduct inspections of any container, bag, or can and any collection, processing, recycling, composting, transporting or disposal facility at any time for compliance with this chapter. (b) Enforcement. City code and law enforcement officers are hereby authorized to enforce this chapter pursuant to the supplemental county or municipal code or ordinance enforcement procedures,. The enforcement officers are authorized and directed to strictly enforce this chapter in accordance with section 1-15 of the city code. When the enforcement officer has reasonable cause to believe, based upon personal investigation, that a person has committed a violation of this chapter, the enforcement officer is hereby authorized to issue a citation

14 Prior to issuing a citation, the enforcement officer shall provide notice to the person that the person has committed a violation of this chapter and that said person has a time period of four (4) calendar days from the date of said notice within which to correct the violation. If, upon personal investigation, the enforcement officer finds that the person has not timely corrected the violation, the enforcement officer may issue a citation to the person who has committed the violation. The enforcement officer is not required to provide any period of time to correct the violation prior to issuance of a citation if the enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable, irreversible or not capable of being cured. The citation shall contain the dollar amount of the fine to be imposed in the event the person does not contest the citation and notice of the necessary procedures to contest the citation in the county court for the city. Additionally, the citation shall contain all other requirements of F.S (3)(c). If the person elects not to contest the citation, the person shall pay the applicable civil penalty to the clerk of the county court within thirty (30) days after issuance of the citation. Alternatively, if the person elects to contest the citation, the person shall request a hearing through the clerk of the county court within thirty (30) days after the issuance of the citation. The clerk shall schedule a hearing in the county court and shall provide written notice of the hearing to the person as well as the code enforcement officer or police officer. Citations contested in the county court shall be subject to court costs as well as the civil penalty set forth in this chapter. Any violation of this chapter is a civil infraction, punishable by a civil penalty as provided by subsection (c) below, not to exceed five hundred dollars ($500.00). (c) Penalties. A violation of the provisions of this Chapter, other than subsections 38-04(a)(3) and (4), by any person shall be punishable by civil penalties in a dollar amount set forth in the below schedule. Violations of subsections 38-04(a)(3) and (4), by any person shall be prosecuted in the same manner as a misdemeanor, and punished by a fine not to exceed $ or by imprisonment in the county jail not to exceed 60 days or by both fine and imprisonment

15 Description of violation Category Fine Amount (uncontested) Unlawful accumulation, placement, or removal IV $ of materials per Section 38-04(a) Placement of waste, yard waste, recyclables V $88.00 or special pick-up waste curbside for collection prior to sunset the day prior to the scheduled collection day or failure to remove collection containers from curbside prior to midnight of the scheduled collection day Failure of a multi-family customer to provide onsite recycling access, including adequate and easily accessible containers, proper signage and recycling education and other $10/multi-family dwelling unit per month, not to exceed $500. instruction materials Failure to properly drain or enclose wet waste IV $ or liquids prior to placement in a dumpster to avoid release of liquids upon servicing the dumpster Failure to place all waste within dumpsters V $88.00 and to fully close the dumpster lid Failure to properly maintain dumpster IV $ enclosures and pads Failure to comply with other requirements of this chapter V $88.00 (d) Removal. Authority and procedures for city to remove accumulation of solid waste. When items, which the city will collect for an additional charge (special pick-up waste) but for which collection has not been arranged, are discovered left in the right-of-way, the enforcement officer will leave a notification at the property of the need to arrange for collection of such items. If arrangements for collection have not been made within four (4) calendar days, the city shall unilaterally remove the items and bill the property owner. When items that the city does not collect are discovered left in the rightof-way, the enforcement officer will leave a notification at the property of the need to arrange for private collection of such items. If these items remain after four (4) days, the enforcement division shall be notified for further action

16 Billing for removal of accumulated items as specified in this section shall be in addition to penalties for violations of this chapter. In the event of a direct conflict between the provisions of this chapter and Chapter 403, of the Florida Statutes or implementing regulations, the provisions of Chapter 403 of the Florida Statutes or implementing regulations shall prevail if stricter and more stringent than this Chapter. Sections through Reserved. Article II. Collection and Disposal of Recyclable Materials and Waste Section Collection and disposal by city. (a) Residential and commercial waste collection. All waste generated and accumulated in the city shall, except as herein otherwise provided, be collected, transported and disposed of or otherwise managed by the city. Any residential or commercial property within the city that is being constructed, is occupied or is capable of being occupied, shall be presumed to be generating waste for collection. The city may fulfill its obligation through a contractor. (b) Single-family residential recyclable materials collection. All recyclable materials generated and accumulated by single-family dwellings within the city shall, except as herein otherwise provided, be collected, transported and processed or otherwise managed by the city. The city may fulfill its obligation through a contractor. (c) Multi-family residential recyclable materials collection. Beginning December 1, 2018 or other later date as established by resolution of the city commission, all recyclable materials generated and accumulated by multi-family dwellings within the city shall be collected, transported and processed or otherwise managed by the city. The city may fulfill its obligation through a contractor. If a multi-family customer has an existing recycling service provider as of the date of passage of this ordinance, the customer shall contact the city to obtain a waiver of this requirement until such time as service can legally be provided by the city. (d) Commercial recyclable materials collection. The city reserves the right to collect or to contract for collection of recyclable materials accumulated by commercial establishments in competition with private recyclers. This right neither requires the commercial establishment to convey its recyclable materials to the city nor in way prevents a certified recovered materials dealer from entering into a contract with a commercial establishment to purchase, collect, transport, process or receive source-separate recovered materials. (e) Recyclable materials. For a complete list of recyclable materials that the city collects at this time please see

17 (f) Special pick-up waste. The city will collect special pick-up waste from residential customers for an additional charge as established by the city commission and provided by written resolution. The property owner, tenant or occupant has the option of contracting with a private collector to collect this special pick-up waste. (g) Drop-off facilities. The city may provide and maintain drop-off facilities as deemed appropriate for the collection of recyclable materials, storm debris or other materials as deemed necessary. (h) Exception for producers or owners. This chapter shall not prohibit the actual producers of waste or recyclable material or the owners of premises upon which waste or recyclable material has accumulated, from personally collecting, transporting and disposing of such waste or recyclable material provided such producers or owners comply with the provisions of this chapter and with all other governing laws and ordinances. This paragraph shall not be construed to provide for or as allowing collection by subcontract. An owner or producer of waste or recyclable material may sell or donate these materials but may not enter into any disposal agreement whereby the owner or producer pays for the use of the container or for hauling. Election to engage in other collection and disposal practices does not offset payment for or responsibilities of city-provided services. (i) Exception for permitted private collectors. The city manager may issue a permit to allow private collectors to provide waste collection services to commercial accounts upon a finding that the city s equipment is either inadequate to service the account or it is not economically feasible for the city to service the account. The city shall have the unilateral right to approve the use of waste container sizes larger than those serviced by the city. The city manager may, at any time, revoke any permit issued pursuant to this section upon finding that the city has acquired the equipment necessary to service the account or it has become economically feasible for the city to service such account. The private collector that has been issued a permit shall compensate the city by paying the city, on a quarterly basis, a percentage of the gross revenue from the waste collection services provided in the city by such private collector. The percentage of the gross revenue shall be fifteen (15) percent, which may be modified by resolution. Only private collectors in compliance with the section may be issued a permit. Section Materials that are not collected and disposed of by the city. (a) Property owners, tenants or occupants shall be responsible for proper management and disposal, in accordance with local, state and federal laws, of all solid waste and other materials not collected by the city including any highly flammable or explosive materials, biological waste, hazardous waste or materials, oil-based paint, bulk metals, vehicle tires and land-clearing debris

18 (b) Tree surgeons, nurseries, lawn care services and landscaping contractors, or any individual or company doing work on private property are responsible for removal from the premises all yard waste, trimmings, branches, residue and rubbish of any kind resulting from said work. (c) Property owners, tenants, occupants or their contractors are responsible for removal of all dirt, rock, sod, plaster, lumber, metal or other land-clearing or construction and demolition debris originating from private property preliminary to, during or subsequent to the construction of new buildings, or demolition, alterations or additions to existing buildings. No certificate of completion shall be issued until such material has been removed by the owner or contractor. Section Duties of city. (a) Regulations and policies. The city shall make regulations and policies concerning the days of collection, type and location of containers, service charges, and such other matters pertaining to the collection, conveyance, and disposal of waste and recyclable material as deemed necessary, and to change and modify same after reasonable notice, provided such regulations are not contrary to the provisions of this chapter or the minimum standards set forth by federal and Florida law. (b) Authority to contract for collection. The city has the authority to contract with private collectors to assist in providing waste and recycling collection services. (c) Container repairs. Repairs required to city-serviced containers caused by normal wear from collection activities shall be made by the city. (d) Privately owned containers. In the event a customer is allowed to provide its own container, such privately owned containers shall be subject to inspection and approval or condemnation by the city. If any container does not conform to the provisions of this chapter or has ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof, the city may condemn the container. If condemned, a notice of condemnation shall be placed upon the container or handed to the owner or occupant or left at the owner or occupant s regular place of abode. Thereafter, it shall be unlawful for any person to place any solid waste into such container and the responsible party shall immediately provide a new container to replace any such condemned container. The city manager shall have the authority to discontinue collection service for failure to comply. (e) Authority to require private landscaping companies to obtain permit. The city reserves the right to establish and maintain a program that requires private landscaping companies to obtain a permit prior to conducting work in the city and to agree to properly dispose of all yard waste or other solid waste they generate

19 Section Duties of single-family residential customers. (a) Requirement to use city-provided collection service. All single-family residential customers are required to have all accumulations of waste and recyclable materials, unless otherwise exempted or prohibited in this article, collected and disposed of by the waste collection services provided by the city, and to pay the prescribed charges for such service. Seasonal service changes will not be permitted for single-family residential customers. (b) Use and maintenance of containers. Single-family residential customers shall be provided one (1) waste roll cart and one (1) recycling roll cart by the city and shall use such roll carts unless otherwise approved by the City Manager. The city or the city s contractor may provide additional waste and recycling roll carts to curbside residential customers upon request and may charge an additional fee. City-provided roll carts shall remain the property of the city and shall not be altered in any way. Except in the case of containers provided by the city, all other containers shall be provided by the residential customer. Containers shall be made of durable plastic or metal, watertight, equipped with suitable handles and tight-fitting covers, and shall not exceed thirty-two (32) gallons in size or fifty (50) pounds in weight when filled. Such containers are subject to inspection and approval by the city manager. Single-family residential customers shall maintain all containers, whether provided by the city or the owner, tenant or occupant, in good and sanitary condition and free from stench and other objectionable conditions. Containers shall be subject to inspection and approval of conditions by the city. In the event of damage or alteration to a city-provided collection container caused by a residential customer, the cost of repair or replacement shall be charged to the residential customer's account. (c) Preparation for collection. Single-family residential customers shall prepare and set out for collection or cause to be prepared and set out for collection all waste, yard waste, recyclable materials and special pick-up waste in accordance with the methods prescribed in this article. Preparation of waste. All household waste, excluding items such as white goods, construction and demolition debris, electronics, bulk metal, hazardous materials, yard waste, and other special pick-up waste, shall be deposited in waste containers provided by the city. All waste shall first be drained of liquids. Wet waste shall be placed in paper or plastic bags or securely wrapped in paper before being placed in waste containers

20 Containers shall be kept tightly covered at all times except when uncovered for depositing waste. All loose waste shall be bagged. Preparation of yard waste. (i) (ii) (iii) (iv) Yard waste shall be free of material other than yard waste and free from rocks and soils. Leaves, grass cuttings, weeds, small plant clippings and similar material shall be placed in bags or other suitable collection containers not exceeding thirty-two (32) gallons in size or fifty (50) pounds in weight. All other yard waste shall be stacked in a pile with individual pieces no longer than three (3) feet in length. Residential customers receiving curbside collection service shall contact the city to arrange for collection of yard waste in excess of five (5) cubic yards (pile approximately eight feet by three feet by six feet, 28 leaf bags, or gallon containers). Yard waste materials greater than five (5) inches in diameter shall be collected for an additional charge established by the city. Yard waste in excess of these amounts shall be collected for an additional charge established by the city. Preparation of recyclable materials. Recyclable materials accepted in the city s program shall be placed in recycling containers provided by the city. Recyclable cans, bottles and containers shall be free of liquids and food prior to placement in the recycling container. Cardboard boxes shall be collapsed prior to being placed in the recycling container. Request and preparation for special pick-up waste collection. (i) (ii) Single-family residential customers shall contact the city to arrange for collection of special pick-up waste in accordance with section 38-06(e). All white goods shall have doors removed prior to placement curbside for collection. Placement curbside. Waste, yard waste, recyclable materials and special pick-up waste shall be placed curbside for collection no earlier than sunset the day preceding the scheduled collection day and no later than 7 a.m. of the scheduled collection day. All containers shall be removed from curbside no later than midnight of the scheduled collection day