ordinance no. 2021 -052 an ordinance of the mayor and …

ORDINANCE NO. 2021 - 052

AN ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, AMENDING CHAPTER 78 ENTITLED "SOLID WASTE", OF THE CODE OF ORDINANCES; AMENDING ARTICLE I. ENTITLED "IN GENERAL'', BY UPDATING AND ADDING DEFINITIONS IN SECTION 78-1; AMENDING ARTICLE Ill. ENTITLED "COLLECTION AND DISPOSAL'', BY RESCINDING IN ITS ENTIRETY · SECTION 78-75; AMENDING ARTICLE VI. ENTITLED "RESERVED" BY ADDING A NEW SECTION 78-156 ENTITLED "COLLECTION SERVICES BY PRIVATE COLLECTORS PERMITTED THROUGH NON-EXCLUSIVE FRANCHISE"; AUTHORIZING SOLID WASTE COLLECTION SERVICES BY PRIVATE COLLECTORS; PROVIDING FOR COLLECTION CONTAINER REGULATIONS INCLUDING LABELING, LOCATION AND MAINTENANCE OBLIGATIONS; PROVIDING THE CITY WITH THE RIGHT TO REMOVE AND IMPOUND ABANDONED COLLECTION CONTAINERS; REQUIRING ANY PERSON COLLECTING, REMOVING, OR TRANSPORTING SOLID WASTE TO OBTAIN A NON-EXCLUSIVE FRANCHISE UPON APPLICATION AND PAYMENT OF A FEE; PROVIDING FOR PAYMENT OF FRANCHISE FEES; REQUIRING ANY PERSON PROCURING COLLECTION SERVICES AS AN INTERMEDIARY (BROKER) TO OBTAIN A WASTE SERVICES PERMIT UPON APPLICATION AND PAYMENT OF A FEE; PROVIDING FOR CONTRACTS WITH CUSTOMERS AND MINIMUM SERVICE STANDARDS; PROVIDING REQUIREMENTS FOR COLLECTION SERVICE FOR COMMERCIAL PROPERTY AND MULTI-FAMILY DWELLINGS; PROVIDING FOR PENALTIES AND ADMINISTRATIVE REMEDIES; PROVIDING FOR DENIAL OF APPLICATIONS AND REVOCATION OF FRANCHISES AND PERMITS; PROVIDING FOR APPEALS; AMENDING ARTICLE VIL ENTITLED "ROLL-OFF REGULATIONS" BY PROVIDING FOR NON-EXCLUSIVE FRANCHISES FOR ROLL-OFF CONTAINER SERVICES; PROVIDING MINIMUM STANDARDS FOR ROLL-OFF CONTAINERS; PROVIDING FOR FRANCHISE FEES FOR ROLL-OFF CONTAINER SERVICES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATIONS HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, because of the overriding public health, safety and welfare considerations associated with the collection and disposal of solid waste, it is necessary that the City retains regulatory authority over the provision of such services;

Ordinance No. 2021 - 052 -----

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WHEREAS, the general purpose of this ordinance is to ensure that areas within the City that do not receive collection services from the City's contractor are adequately serviced by responsible providers with high-quality, and efficient solid waste collection and disposal services; and

WHEREAS, this ordinance promotes and protects the health, safety and welfare of this community by (1) minimizing the risk of environmental hazards, noxious and noisome materials, odors, and activities in and around City streets and other public rights-of-way inherent in the activity, and (2) setting uniform, safe, efficient and sanitary service standards for qualified contractors, while addressing current industry practices and demonstrated needs.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT:

Section 1: Article I in Chapter 78 entitled "Solid Waste" of the Code of Ordinances of

the City of Hialeah, Florida, is hereby amended to read as follows:

Chapter 78

SOLID WASTE

ARTICLE I. IN GENERAL

Sec. 78-1. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means, depending upon the context, either (a) a Person that is applying for a non-exclusive franchise pursuant to Section 78-160 or (b) a Person that is applying for a Waste Services Permit pursuant to Section 78-162.

Broker means a Person that is in the business of procuring solid waste collection services from private collectors for the benefit of third parties. A Person in the business of leasing or otherwise providing compactors to the public is not a broker unless such person also procures collection services from private collectors for the benefit of third parties that receive such compactors. A property manager is not a broker, even if the property manager procures collection services from private collectors for the benefit of the property manager's tenants.

Bulk tr€1Sh means furniture, applianees, eleetronies and any other disearded large household item that eannot be placed in an approved garbage eontainer for disposal.

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Bulk yard tresh means major tree cutbacks and other vegetative matter resulting from landscaping including lavm and garden debris, 'Needs, leaves, bushes, cuttings, grass clippings and branches.

Bulk Waste means any furniture, fixture, appliance, mattress, and other large household item that (a) is discarded by a property owner or occupant as a result of their normal housekeeping activities on their own premises and (b) cannot be placed in a garbage cart because of the item's size, shape, or weight. Bulk Waste does not include yard waste or construction and demolition waste.

City means, depending upon the context, either (a) the geographic area contained within the boundaries of the incorporated City of Hialeah, Florida or (b) the government of the City of Hialeah, acting through its duly authorized officials.

City Contractor means a person that has an exclusive contract or franchise with the City for the collection of residential waste, recyclable material, or other waste materials generated by the City's residents.

City Council means the City Council of the City of Hialeah, Florida.

Code means the Code of Ordinances adopted by the City of Hialeah, Florida.

Collection Container means a garbage cart, recycling cart, dumpster, compactor, roll-off container, and any other container authorized by the City for the collection of solid waste or recyclable material.

Collection Service means the collection, removal and transportation of garbage, trash, bulk waste, yard waste or recyclable materials in the City.

Commereial aeeount means a hotel, motel, school, church, temple, day care center, nursery, office, restaurant, warehouse, or any business or industrial activity.

Commercial Customer means a person or entity that receives or is required by this Chapter 78 to receive collection service on Commercial Property.

Commercial Property means any parcel of real property in the city that is not classified as residential property. Commercial property includes property used primarily for: (a) commercial purposes, such as hotels, motels, retail, restaurants, business offices and service stations; (b) institutional purposes, such as government offices, churches, hospitals, and schools; (c) industrial purposes, such as manufacturing, processing, and associated warehouses; and (d) vacant land that is not improved property.

Ordinance No. 2021 - 052

Commercial Waste means garbage and trash generated on commercial property. Commercial waste does not include bulk waste, yard waste, construction and demolition waste or other types of solid waste.

Compactor means a stationary or mobile machine or mechanism that compresses solid waste or recovered materials and achieves a compaction ratio of 2.5 to I or greater.

Compacted means solid waste and recovered materials condensed or densified by a compactor.

Construction and Demolition Waste shall have the meaning set forth in Section 403.703(6), Florida Statutes, as amended from time to time, for construction and demolition debris, except that construction and demolition waste does not include land clearing debris. In general, construction and demolition waste means discarded materials generally considered to be not water soluble and non-hazardous in nature, including, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, resulting from the construction, destruction, or renovation of a structure.

Curbside means a location adjacent to a road or right-of-way that abuts a customer's property and provides access for the collection vehicles used by a city's contractor. If there is no public access to the customer's property, Curbside means a location that is adjacent to a roadway where the City's contractor may lawfully gain access and provide collection service to the customer. In all cases the curbside location must be within three (3) feet of the curb or the edge of the road.

Customer means a person that receives collection service or other solid waste management services in the city from a private collector or broker.

Department means the City of Hialeah Department of Public Works.

Director means the Director of the City's Department of Public Works or the Director's designee(s).

Dumpster means a garbage container or recycling container that is at least one yard in size metal or plastic container that is: (1) approved by the City; (2) used for the collection of solid waste or recyclable materials; and (3) at least one cubic yard in size. A dumpster does not include an open-top roll-off container.

Dwelling Unit means any structure or building, or portion thereof, intended for or capable of being utilized for residential living, except those structures or buildings that are deemed by the City to constitute Commercial Property. A Dwelling Unit includes a room or rooms constituting a separate,

Ordinance No. 2 O 21 - O 5 2

independent living area with a kitchen or cooking facilities, a separate entrance, and bathroom facilities, which are physically separated from other dwelling units, whether located in the same structure or in separate structures. However, a room in a licensed hotel or motel is not a dwelling unit.

Franchisee means a Private Collector that enters into a non-exclusive franchise agreement with the City for the collection and transportation of solid waste in the City.

Franchise Fee means the fee paid for: Ca) the Franchisee's right to provide collection services in the City; Cb) the City's agreement to not compete in the provision of such collection service; Cc) the Franchisee's use of the City's rightsof-way in conducting its business; Cd) reimbursement to the City for the City services that aid in the Franchisee's provision of collection services, including but not limited to wear and tear on City facilities; Ce) reasonable compensation to the City in its proprietary capacity for its oversight of the provision of collection services and the implementation of the franchise agreement; and Cf) the other rights and benefits provided to the Franchisee under the franchise agreement.

Garbage means every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking, dealing in, or storage of meats, fish, fowl, fruit, or Yegetables and any other matter, of any nature \vhatsoever, '.vhich is subject to decay and the generation of noxious or offensive gases or odors or \vhich, during or after decay, may serve as breeding or feeding materials for flies or other germ carrying insects, and any bottles, cans, or other containers •.vhich, due to their ability to retain •.veter, may serve as breeding places for mosquitoes or other water breeding insects. Garbage also includes small, discarded materials from around the premises, such as cans, glass, paper, paper cartons, lavm clippings, grass cuttings, leaves, and small trimmings that can be deposited in approved containers. Discarded building materials, dirt, rock, plaster, scrap iron, and other like materials shall not be considered waste and do not come vt'ithin the definition of trash. Dead animals are not considered garbage, and their disposal is the responsibility of the county all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials.

Garbage Cart means a garbage container that is: (1) approved by the City; (2) made with heavy-duty hard plastic or other impervious material; (3) constructed with an enclosed bottom and sides; (4) mounted on two wheels; (5) equipped with a tight-fitting hinged lid; (6) designed with a capacity of approximately one hundred (100) gallons or less; and (7) used for the automated or semi-automated collection of garbage and trash.

Gross Revenue means all of the fees, charges, and costs that are collected by a Private Collector from any person based on, arising from, attributable to, or

Ordinance No.2021 - 052

in any way derived from the collection services a Private Collector provides directly, or through a Broker, to customers in the City pursuant to this Chapter 78. Gross revenue includes, but is not limited to, the fees that are received by the Private Collector from customers for the collection, removal and transportation of solid waste and recyclable material, the rental and use of a private collector's collection containers, special collection services, and tipping fees. However, gross revenues do not include any sum collected by the private collector to pay franchise fees or any government tax.

Hazardous Material means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to public health, safety, or welfare, or to the environment, if released into the environment. Hazardous materials include hazardous waste, extremely hazardous substances listed pursuant to 40 CFR 261, hazardous chemicals listed under Section 311 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA), hazardous substances listed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and toxic chemicals and toxic substances listed in Chapter 442, Florida Statutes.

Household means all residential property, i.e., single family, tovmhouses, duplexes and apartments. It does not inelude hotels and motels where resideney is on a daily or '.Veekly basis.

Land Clearing Debris means the trees, tree trunks, limbs, stumps, bushes, vegetation, rocks, soil, and other materials resulting from a land clearing or lot clearing operation.

Multi-Family Dwelling means a building with three (3) or more dwelling units located under one roof, three (3) or more dwelling units on a single parcel of land, or three (3) or more dwelling units attached to each other on separate but contiguous parcels of land. Multi-Family Dwellings include apartments, condominiums, townhouses, and mixed-use buildings. A Multi-Family Dwelling also includes Mobile Homes and modular homes located in a trailer park, as well as a combination of single-family and multi-family dwellings when such combination is governed by covenants binding the dwelling units to the types of mutual obligations that are typically enforced through a home owners' or property owners' association.

Person means any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, or other association, however organized; any municipal or private corporation organized or existing under the laws of the State of Florida or any other state; any county or municipality; and any governmental agency of any state or the federal government.


Private Collector means any person that receives money or other compensation from a customer or a broker for collecting, transporting and/or disposing of solid waste or recyclable materials in the city.

Program Materials means recyclable material that the director has designated for collection and recycling pursuant to the city's recycling program.

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 does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not Solid Waste. Recovered materials do not include any material or substance that does not fit within one of the six categories described in this definition (metal, paper, glass, plastic, textile, or rubber). Among other things, a mixture of different types of construction and demolition waste (e.g., metal, wallboard, and wood) is not recovered material.

Recyclable mMaterial is any material that is eapable of being feasibly reeyeled and has been diverted and souree separated or has been removed from the solid \Vaste stream for sale, use, or reuse as raw materials and whieh, if not reeyeled, v1ould be proeessed and disposed of as solid 1.vaste. The term shall inelude any general item made of glass, aluminum, steel, plastie or paper that has known reeyeling potential means those materials that are capable of being recycled and, if not recycled, would be processed and disposed of as solid waste.

Recycling container means a container approved by the City for the collection of recyclable material.

Residential Customer means a person that receives or is required by this chapter 78 to receive collection service from the city's contractor at residential property owned or occupied by that person.

Residential Property means each parcel of improved property in the City where there is a dwelling unit that uses, or is required by this Chapter 78 to use, a garbage cart for the collection of solid waste. Residential property includes but is not limited to each parcel of improved property in the City on which there is a single-family dwelling unit, a duplex, or townhome. For the purposes of this Chapter 78 only, Residential property also includes multi-family dwellings that receive collection services from the city's contractor at the time this ordinance is adopted. However, the director may determine that some parcels of improved property with dwelling units (e.g., mixed-use buildings that are predominately commercial) shall be deemed to be commercial property for the purposes of Chapter 78. Residential property does not include any building or multi-family

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- 052 -----

dwelling where the director requires a dumpster or compactor to be used for the collection of garbage.

Residential unit means any structure that is used or constructed for use as a dwelling or providing living accommodations.

Residential Waste means garbage, trash, bulk waste, and yard waste generated by a Residential Customer on the customer's residential property.

Roll-off Container means a container designed to be transported by motorized vehicle and used in the collection and removal of construction \Vaste debfi.s. a large metal container (i.e., typically with a capacity of 10, 20, 30 or 40 cubic yards) used for the collection of construction and demolition waste, recovered material or land clearing debris, which is rolled-off of a motor vehicle when the container is placed at a site and then rolled onto the vehicle when the container is ready to be transported to another location.

Scheduled Collection Day means a day when a private collector is scheduled to collect a customer's recovered material or one of the components of the customer's solid waste (e.g., garbage; yard waste; bulk waste).

Solid wWaste means trash and garbage, litter, bulk trash and yard trash shall have the meaning set forth in Section 403.703(36), Florida Statutes, to-wit: 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, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Solid waste includes, but is not limited to, bulk waste, commercial waste, construction and demolition waste, garbage, hazardous material, recyclable materials that are not separated from solid waste, residential waste, trash, yard waste, and waste materials that are compacted in a compactor.

Trash means waste materials (other than garbage, yard waste, and bulk waste) resulting from normal housekeeping activities on residential property and commercial property. Trash includes discarded rags, sweepings, packaging, rubbish, recyclable materials that are not source separated, and similar materials.

Waste Services Permit means the permit that a Broker must obtain pursuant to Section 78-162, below.

Yard Waste means vegetative matter resulting from yard and landscaping maintenance, including but not limited to shrub and tree trimmings, grass clippings, palm fronds and branches. Yard Waste does not include Land Clearing Debris.

. 2021-052 Ordmance No. -----

Section 2: The provisions of Section 78-75 in Article III of Chapter 78 entitled "Solid

Waste" of the Code of Ordinances of the City of Hialeah, Florida, are hereby deleted in their

entirety and the section number is reserved to preserve number sequencing:

Chapter 78

SOLID WASTE

* * * * ARTICLE III. COLLECTION AND DISPOSAL

* * * *

Sec. 78-75. - Remeval efwaste by private ageneies. Reserved.

(a) The director of the department of solid '.vaste may authorize the collection of solid '.Vaste by private collectors ifit is a commercial account or ifthe residential account contains four or more residential units contiguous to each other and under the same ov1nership or contains four or more residential condominium units; provided, however, that the residential account is not located in the Hialeah Downtov1n Urban Center (HDUC) district or properties located within the CBD, CR and R 3 D districts. Nevi residential and commercial accounts in the HDUC, CBD, CR and R 3 D zoning districts shall be serviced by the city. Else'+vhere, if private collection is authorized, the contract ,,vith the private collector must include garbage, trash, bulk trash, bulk yard trash, and recyclable materials collection. In addition, the contract must provide collection of recyclable materials at least once every other week, unless otherwise indicated, garbage collection service at least two times during each 'Neek, and bulk trash collection once a month. If the minimum frequency of garbage collection service is insufficient to prevent a waste overflow, then the private collector must increase the number of onsite collections to prevent unsanitary conditions. Waste overflov1 will be determined by the city to include not only circumstances •;i.rhere garbage and trash have spilled over or out of the container but '.vhere the container cover cannot be closed or sealed tightly, leaving garbage and trash visible and exposed. If private collection is authorized, the sanitation collector must utilize dumpsters for the collection of garbage and trash. All dumpsters will contain the name of the servicing company and its phone number. Dumpsters vt'ill not be located in any of the city's rights of way, and must be contained on the private property being served. All dumpsters will be screened from the direct view of the adjacent property owner, and the property ovmer utilizing a private collection service will be responsible for keeping the area around the container in a clean and presentable condition as

Ordinance No.2021-052

to ensure sanitary conditions ~d earee of all trash and litter. In order com · an not create , h l mumty, all dumpsters shall be, q . an)ea th hazards to the

well as keeping th · d e SI ewalk and s"'ale ar ti

repair. No v1aste shall be permitted :'"a ert1ght and maintained in proper state of fl.re hazard, breeding place for flies :r a;::m~late so as to comprise a nuisance Clty has the right to remove all abandoneder msects, or harbor for rodents. Th~ company ~O'Nn on the dumpsters D dumpsters after proper notice to the prop~rty,. mcluding public rights .of ~~~sters shall not be placed on public consider dumpsters, located on publ" n Y and S'.vale areas. The city shall the dumpster, after posting a 24 ho lC pr;perty, as abandoned and shall remo"e th ur no ICe on th d . '

e cost to the property ovmer or th ·,,eun:rster for its removal at e pn '"ate collector, if applicable. '

(b) Effective July 1 200& all . b . , ' pnvate 'Naste haulers . . . e reqmred to pay a franchise fee of $1 5D~; operatmg w1thm city limits shall

the nonexclusive franchisee's u ' . 0 for each year plus 8 percent of serviced within the city The p~rarte;ly gross receipts collected from accounts · · cen age of gr · mcrease to 25 percent of quarterl , os ~oss receipts fee component shall 2016 and continue at 25 p Y f gr s receipts collected effective Octob 1 th

11 eroeat e EJll-ly . or ,

erea er. The franchisee shall on ;; gross receipts collected each year quarter, deliver to the city a' t or ~~re 30 days follovling the end of each

11 d . rue an corr t t co ecte: durmg the previous quarter alon;:,:ec :ratement of gross receipts accountmg year used by the franchis 1i g nlth payment. Notwithstanding the September 30, and December 31 ef t e quarters end on March 31 June 30 r bl 0 each )' Th. , ' app lC8Y e to open top roll offs "'h. h Bear.is franchise fee is not late fee of one and one h lf , n lC ~es are set forth in article VII here. A

, . a percent for the ti t m. n payment Is not received by the tenth d ,r:r month shall be imposed if month that the quarterly payment is i of the next month that follov1s the thereafter, the one and one half percent l:e. :or heach I?onth of nonpayment

(1) The franchisee shall all "' . ~ ee s all be imposed. d 0 fr city auditors aft an during regular business h,er reasonable written notice

fr · ours to aud"t · anch1see's financial books a d , dI , mspect, and examine the d n recor s and ta t .

recor s relate to accounts "'ithin ·iy r .4<: re urns, msofar as such th E w Cl ' Imits B th (Ze Fllllshisee's eeffljlliftflee , .. i!h !hif-, ~r e ptifj!ese efyerifying

) Th :§ h · « s sec 10n eranc isee shall recei"e an ad . . . .

half percent of the perce~ta e o~m1strative. cost credit of two and one deducted from the percent g f gross receipts collected that shall be

h age o gross rece · t II eac quarterly statement sub .tt1p s co ected and remitted in allo'.ved if the franchisee 71 ed to the 01ty. This credit shall only be · mEKes payme t · · i~ourring a late fee and complies :Hitl;c~ m a t1?1ely manner without 01ty auditor finds that a franch· ·~ ity reportmg requirements. If a

. isee as underre rt d . receipts on a quarterly statement th: ~o e its collected gross fr h" , e 01ty may s d anc ise according to th ruspen or re"oke the d . e 1cense suspens · d . '

ependmg on the extent of d~on an revocation procedures franchisee. un erreportmg and the intention of the

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(c) It shall be unlawful for any person to collect, remove or transport any solid v,raste material for compensation for any location or premises vlithin the city without first having been authorized to do so by the department of solid waste. The requirements for a certificate of authorization from the department of solid •.vaste are as fo llo\vs:

(1) A city business tax receipt (occupational license) upon payment of city business tax (formerly knovm as occupational license fee).

(2) Submittal of a properly completed application for dumpster certificates. (3) A payment and performance bond in the amount of 3 0 percent of the

average quarterly collected gross receipts of accounts serviced within city limits for the previous year, with the city as the obligee.

(4) Proof of comprehensive general public liability insurance ofa minimum of $500,000.00.

(5) Payment of the annual franchise fee and required percentage of quarterly gross receipts oolleoted.

(6) The council may \vaive the requirement of the payment and perfurmance bond upon request based on exigent or speoial circumstances.

(d) Private v,zaste collection companies shall provide service to accounts located within 300 feet of any residence only between the hours of 6:00 a.m. to 11:00

Jr.ffi.-(e) If a private collector intends to discontinue service to an account, the private

collector must notify the city of its intent to discontinue or terminate service Vt'ithin 14 days of cessation of service. If the private collector does not notify the city of its intent to discontinue service, then the city will confiscate the dumpster and impose a collection, cleaning and storage charge to the private collector. The city vt'ill immediately service the account if private collection service ceases or is discontinued and charge the property for service provided.

(f) In addition to the penalties provided in this Code, vie lation of the provisions of this section shall be cause for suspension or revocation of the city occupational license.

* * * * Section 3: Article VI of Chapter 78 entitled "Solid Waste" of the Code of Ordinances

of the City of Hialeah, Florida, is hereby amended to read as follows:

Chapter 78

SOLID WASTE

* * * * ARTICLE VI. RESERVED. COLLECTION SERVICES BY

PRIVATE COLLECTORS AUTHORIZED THROUGH NON-EXCLUSIVE FRANCHISES.

Ordinance No. 2021-052

Sec. 78-156. Collection Services.

(a) Each and every parcel of improved property in the city is required to have collection service for solid waste and recyclable material, except as provided in Section 78-156(d), below. Such collection service shall be provided in compliance with the requirements in this Chapter 78. All of the collection containers used to provide such service shall be subject to the approval of the City. All private collectors providing collection services in the City, and all Brokers arranging for collection services, shall comply with the requirements in this Chapter 78.

(b) All Residential Waste and Recyclable Materials generated on a Residential Property, shall be collected, removed, and recycled or disposed of by the city or the city's contractor(s), unless otherwise provided in this Chapter 78.

(c) All of the Commercial Waste generated in the City on Commercial Property, in Multi-family Dwellings, in buildings where the City requires a dumpster or a compactor to be used for collection services, and other property not receiving collection services from the City's contractor, shall be collected, removed and disposed of only by private collectors authorized to provide such collection services under a non-exclusive franchise from the city. This section shall not apply to Multifamily Dwellings receiving solid waste collection services from the city's contractor at the time this ordinance is adopted.

(d) The Director shall have the authority to waive the requirement for collection service in cases involving vacant land, abandoned buildings, and other properties where no solid waste is being produced, as determined by the.Director.

78-157. Authorized containers for Collection Services by Private Collectors.

(a) The requirements in this Section 78-157 shall apply to collection containers that are used by private collectors to collect (1) commercial waste, (2) recyclable materials from commercial property, and (3) garbage, trash, and recyclable materials from multi-family dwellings.

(b) Unless otherwise approved by the city, a private collector shall utilize only the following collection containers.

1. Commercial waste shall be collected using a dumpster or a compactor.

ii. Recyclable materials generated on commercial property shall be collected using a recycling cart, dumpster, or compactor.

!!1. Garbage and trash generated in a multi-family dwelling shall be collected using a dumpster or a compactor.

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iv. Recyclable materials generated in a multi-family dwelling shall be collected using a recycling cart, dumpster, or compactor.

(c) Each Private Collector shall display their name and telephone number on each collection container it uses to collect commercial waste, recyclable materials or other materials in the city. The letters and numbers shall be at least three inches tall, painted on or permanently affixed to the container, and clearly legible at all times. The information displayed on the container shall be kept up-to-date.

(d) All of the mechanical parts on collection containers shall be maintained or repaired as needed to ensure the safe and proper functioning of the container for continuous and uninterrupted collection service. Broken doors, lids, wheels, locks, and other parts on a collection container shall be repaired or replaced promptly, but no later than five (5) business days after the broken part is discovered. All collection containers shall be watertight.

(e) All collection containers shall be cleaned, kept in good working condition, and otherwise maintained as needed to ensure sanitary conditions and eliminate objectionable odors. If graffiti is found on a collection container, the owner of the collection container shall remove or paint over the graffiti, or remove and replace the collection container, within seven (7) business days after the graffiti is discovered. If a collection container leaks any substance that stains the ground, the owner of the collection container shall remove and replace the container within 24 hours after such conditions are discovered, and pressure wash and deodorize (if necessary) the affected area on the customer's property within five (5) business days. If a collection container or its contents cause objectionable odors, as determined by the city, the owner of the collection container shall remove and replace the container within 24 hours.

(f) The owner of a collection container, the property owner, the customer, and any Broker involved in procuring collection services, are jointly and severally liable for any failure to maintain the collection container in a clean and working condition, in compliance with the requirements set forth in this article.

(g) The property owner and the occupant shall be responsible for keeping the area around the collection container in a clean, litter-free, and sanitary condition.

(h) A collection container shall not be placed upon any public street, alley, sidewalk, right-of-way, or other public area, except and only to the extent that it is necessary to place the container in such locations briefly while the collection container is being serviced. The collection container shall be placed within the private property being serviced, and shall be screened, in compliance with the applicable requirements in the Code, from the direct view of adjacent property owners and the public.

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Sec. 78-158. -Abandoned collection containers; impoundment.

The City may impound, remove, and empty any Collection Container that is abandoned. A Collection Container shall be deemed to be abandoned if: Cl) the city determines the collection container and/or its contents present a danger or nuisance to the public; (2) the collection container is placed on public property, including but not limited to the city's right-of-way, without the city's prior written authorization; (3) the non-exclusive franchise authorizing the use of the collection container has been suspended or revoked; (4) the collection container has been placed or is being serviced or used in the city by a Person that does not have a currently valid franchise agreement or other written authorization from the city; or (5) the collection container is in disrepair, because it does not have a well-fitting lid or cover, or has holes, cracks, or tears in the bottom or sides, or otherwise materially fails to comply with the requirements in this Article VI. The city shall post a notice of violation on any abandoned collection container, advising any interested Person that the container shall be removed and impounded by the city within 24 hours from the posting of the notice unless the container is removed by a Person having authority to do so. If the owner's telephone number is readily visible on the container, the City shall call the owner's telephone number one time and thereby attempt to provide oral notice of the violation on the same day that the city posts notice on the container. Twenty-four hours after posting the notice of violation on the collection container, the city may remove the container, dispose of its contents, and store the container until the owner pays the city for the removal, disposal, storage, and related costs the city incurred as a result of the owner's failure to comply with the requirements of the notice. The container owner shall also pay all associated fines for any violation of this chapter 78. If the owner of the container fails to pay such costs within 90 days after the container is impounded, the city may sell the container and use the sale proceeds to pay the costs and fines described above, as well as any additional costs incurred by the city in the sale or final disposal of the container.

Sec. 78-159. -- Collection of solid waste by private collectors; franchises required.

(a) No Person shall collect, remove or transport solid waste within the city unless and until such Person obtains a non-exclusive franchise from the city specifically approving such activity. It shall be unlawful for any Person to collect, remove, transport or dispose of any solid waste in the city without having a currently valid non-exclusive franchise from the city. No artifice or scheme shall be allowed to circumvent the franchise and other requirements in this Chapter 78 concerning the collection, removal, transport, disposal and management of solid waste in the City. Notwithstanding the foregoing, a franchise is not required if a Person collects solid waste outside of the City and merely transports the solid waste through the city or delivers the solid waste to a permitted facility in the city.

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(b) The non-exclusive franchise required by this section shall be in addition to any local business tax receipt and any other license(s) or permits required by law.

(c) The City, in its sole discretion, may revoke all franchises granted pursuant to this chapter, or change or limit the rights granted, or otherwise modify the terms of the franchises. Such action shall not be deemed a taking of any property, or an abridgment or impairment of any contract or right of any franchisee, it being the express intention of this chapter to provide the city with the exclusive power and discretion to regulate and establish the methods used to provide solid waste collection services in the city.

Sec. 78-160. -Applications for Non-Exclusive Franchises.

(a) Private Collectors shall submit a properly completed application for a nonexclusive franchise to the department, upon such form and in such manner as shall be prescribed by the city, together with such other information as may be required by the department. The initial application and each renewal application shall include, but not be limited to, the following information:

(1) Name of applicant. If the applicant is a partnership or corporation, the names and business addresses of the principal officers and' stockholders and other persons having any financial or controlling interest in the partnership or corporation. If the corporation is a publicly owned corporation, only the names and business addresses of the local officers, directors or agents with authority to bind the applicant shall be required .

.GL_ Equipment and method of operation. An applicant for a non-exclusive franchise shall provide the Department with the following information in the initial application and in each renewal application:

L A description of all equipment to be used by the applicant for providing service in the city pursuant to this chapter, including without limitation the identification numbers and key features of all vehicles, compactors, dumpsters, and roll-off containers.

ii. A current list of the customer names, service addresses, and billing addresses for each account serviced by the applicant in the City. For each account, the applicant shall identify and describe:

a. The type of service provided;

b. The frequency of service; and

c. The type and capacity of each collection container used.

iii. If the applicant provides collection services in the city pursuant to a contract between the applicant and a broker, the applicant shall provide the name, address, and telephone number of the broker. In addition, when the applicant submits the information required in

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Section 78-l 60(a)(2)ii, above, the applicant shall identify each account that is serviced pursuant to the applicant's contract with the broker.

ill Insurance requirements.

!.. All applicants for a non-exclusive franchise shall obtain and maintain the following insurance coverage:

a. Commercial general liability, in the amount of $1,000,000.00 per occurrence for bodily injury and property damage. The City must be named as an additional insured on this policy.

b. Pollution liability, in the amount of $1,000,000.00 per occurrence. The City must be named as an additional insured on this policy.

c. Automobile liability, in the amount of $1,000,000,00 per occurrence for bodily injury and property damage, covering all vehicles owned, leased or used by the applicant within the limits of the city. The City must be named as an additional insured on this policy.

d. Workers' compensation and employer's liability, as required by state law.

!h No change or cancellation of any insurance coverage shall be made without 30 days' advance written notice to the Department.

iii. The general liability policy is required to be primary and noncontributory to any insurance or self-insurance the City possesses that may be applied to a loss resulting from the work performed by the private collectors pursuant to this chapter.

iv. As evidence of the above-required coverage, the applicant must provide original certificates of insurance to the Department with its initial application for a franchise and with each renewal application. The applicant also must submit a new certificate evidencing continuing or replacement coverage prior to the expiration date of the insurance policies required in subsection (3)i, above.

v. The Director reserves the right to modify the kinds and amounts of insurance coverage required in this section, including the right to make periodic adjustments to the amounts of required coverage for inflation.

vi. If the applicant receives a non-exclusive franchise from the city, the applicant/franchisee shall maintain the required insurance in effect at all times thereafter until the franchise expires or terminates.

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(4) Performance Bond Applicants for a non-exclusive franchise shall submit a performance bond, or an alternate security that is acceptable to the city, to ensure the applicant's performance in compliance with the requirements in the city's non-exclusive franchise agreement and this Chapter 78, including but not limited to the requirement to pay all fees due to the city. The performance bond or alternate security shall be in an amount equal to the applicant's gross revenues during one month in the previous year (i.e., the monthly average), or $25,000.00, whichever is greater. The performance bond shall be issued by good and sufficient sureties, conditioned upon the applicant's compliance with the terms of this Chapter 78, and in a form that is approved by the city attorney.

(b) Liability of the City and the Department. The above insurance requirements shall not be construed as imposing upon the city or the department or any official or employee thereof any liability or responsibility for injury to any person or damage to any property by the insured, the insured's agents or employees.

(c) Indemnification. Each franchisee shall execute an indemnification agreement whereby the franchisee covenants to indemnify, hold harmless and defend the city, its officers, agents and employees, against and assumes all liability for any and all claims, suits, actions, damages, liabilities, expenditures or causes of actions of any kind arising from any solid waste collection, transportation, and/or disposal activities, and/or the use of any public streets for the purposes authorized in this chapter.

(d) Application Fee. The applicant shall submit a non-refundable payment in the amount of $250.00 with its application. This payment shall cover the administrative cost of reviewing and processing the application.

(e) Commencing Service. An applicant for a non-exclusive franchise shall not provide Collection Services to any person, and shall not allow collection services to be provided to any person on the applicant's behalf, until the city approves the application for the non-exclusive franchise. This prohibition includes but is not limited to the delivery of collection containers to any account or customer of the applicant. Applicants for a non-exclusive franchise shall not use, hire, or enter into a contract with a broker unless the broker has a current waste services permit and is in good standing with the city.

(f) Term. Each non-exclusive franchise shall expire one year after it is issued by the city.

(g) Renewal of non-exclusive ftanchise. Applications to renew non-exclusive franchises must be submitted to the department for approval at least thirty (30) days before the expiration of the existing franchise. At the discretion of the department, the franchisee may be required to provide additional supporting documentation. If the franchisee submits a timely and complete application, the franchisee may continue to provide collection services in the city, without interruption, until the city makes a final determination to grant or deny the application. If the franchisee

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fails to submit a timely and complete application, the franchise shall suspend its collection services in the city upon expiration of the existing franchise.

(h) Renewal application fee. The franchisee shall pay a non-refundable renewal application fee in the amount of $250.00, which shall be submitted concurrently with the renewal application.

(i) No Transfer. A non-exclusive franchise cannot be transferred or assigned to any other Person, without the prior written approval of the Department.

Sec. 78-161. -Non-Exclusive Franchise Fees.

(a) Each and every private collector shall pay an annual franchise fee in the amount of $1,500.00 (i.e., the base fee). The annual franchise fee shall be paid when an applicant submits its initial application for a non-exclusive franchise and when a franchisee submits a renewal application.

(b) In addition to the base fee, each franchisee shall pay a quarterly franchise fee equal to 25 percent of the gross revenue collected from customers and brokers during the previous calendar quarter. Notwithstanding the accounting year used by the franchisee, the calendar quarters shall be deemed to end on March 31, June 30, September 30, and December 31 of each year. No later than 30 days following the end of each calendar quarter, the franchisee shall deliver to the city a true and correct statement of the gross revenue collected during the previous quarter, as well as payment of the quarterly franchise fee. The franchisee's quarterly statement shall identify all of the accounts and customers that the franchisee serviced during the previous quarter, including all of the accounts and customers that the franchisee serviced pursuant to a contract with a broker. The quarterly statement also shall provide the name, business address, telephone number, and contact person for each broker identified.

(c) Each franchisee shall allow city auditors, during regular business hours and after reasonable notice, to audit, inspect and examine the franchisee's financial records (as they relate to city revenue), including all books, ledgers and records, sales tax returns, bank statements, general ledger, contract(s)/agreement(s) between the franchisee and customer(s), and any other information deemed necessary, as well as the franchisee's list of customers and accounts in the city, in order to confirm the franchisee's compliance with the requirements in this Chapter 78. If a city audit reveals that a franchisee underreported its gross revenues or underreported the number of accounts serviced within the city, and the audit shows that the amount reported was at least two percent (2%) less than the correct amount, the franchisee shall be responsible for paying any amounts owed, plus applicable penalties, and the costs incurred by the city in the performance of the audit. At the city's request, the franchisee shall deliver the original or a copy of its financial and other books and records to the city at no cost to the city.

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Sec. 78-162. -Waste Services Permit.

(a) Any Broker procuring collection services from private collectors for the benefit of someone else (i.e., a third party) shall obtain a Waste Services Permit from the City, as set forth in this section 78-162.

(b) Permit Application and Fee. An applicant for a waste services permit must submit a properly completed application to the department, upon such form and in such manner as shall be prescribed by the city, together with such other information as may be required by the department. The initial application and any renewal application shall include but not be limited to the following information:

(1) Name of applicant. If the applicant is a partnership or corporation, the names and business addresses of the principal officers and stockholders and other persons having any financial or controlling interest in the partnership or corporation. If the corporation is a publicly owned corporation, only the names and business addresses of the local officers, directors or agents with authority to bind the applicant shall be required.

(2) Method of Operation. An applicant for a waste services permit shall provide the department with a current list of the names, service addresses, and billing addresses of each customer and account procured and/or managed in the City. For each account, the applicant shall identify and describe:

a. The type of service provided;

b. The frequency of service;

c. The type and capacity of each collection container used;

d. The name and contact information of the private collector servicing each account; and

e. If a compactor is provided to a customer by the applicant, the applicant shall provide a description of the compactor, including the type, size, and identification number of the compactor. The applicant also shall provide the name and contact information of the private collector that is responsible for the removal, transport or disposal of the compacted solid waste.

_Q} Insurance requirements.

h All applicants shall obtain and maintain the following insurance coverage:

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a. Commercial general liability, in the amount of $500,000.00 per occurrence for bodily injury and property damage. The City must be named as an additional insured on this policy.

b. Workers' compensation and employer's liability, as required by state law.

ii. No change or cancellation of any insurance coverage shall be made without 30 days' advance written notice to the Department.

iii. The general liability policy is required to be primary and noncontributory to any insurance or self-insurance the City possesses that may be applied to a loss resulting from the work performed by the contractors pursuant to this chapter.

iv. As evidence of the above required coverage, the applicant must provide original certificates of insurance to the Department with its initial application for a permit and with each renewal application. The applicant also must submit a new certificate evidencing continuing or replacement coverage prior to the expiration date of the insurance policies required in subsection (3)i, above.

v. The Director reserves the right to modify the kinds and amounts of insurance coverage required in this section, including the right to make periodic adjustments to the amounts of required coverage for inflation.

vi. If the applicant receives a waste services permit from the city, the applicant/permittee shall maintain the required insurance in effect at all times thereafter until the permit expires or terminates.

(4) Permit Fee. The applicant shall pay an annual permit fee in the amount of $1,500.00 when the applicant submits its initial application and when the applicant/permittee submits subsequent applications for permit renewals. The permit fee is non-refundable.

(c) Liability of the City and the Department. The above insurance requirements shall not be construed as imposing upon the city or the department or any official or employee thereof any liability or responsibility for injury to any person or damage to any property by the insured, the insured's agents or employees.

(d) Indemnification. Each applicant shall execute an indemnification agreement whereby the franchisee covenants to indemnify, hold harmless and defend the city, its officers, agents and employees, against and assumes all liability for any and all claims, suits, actions, damages, liabilities, expenditures or causes of actions of any kind arising from any solid waste collection, transportation, and/or disposal activities, and/or the use of any public streets for the purposes authorized in this chapter.

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(e) Commencing Service. An applicant for a waste services permit shall not provide Collection Services to any person, and shall not allow collection services to be provided to any person on the applicant's behalf, until the city issues a waste services permit to the applicant. This prohibition includes but is not limited to the delivery of collection containers to any account or customer of the applicant. Applicants for a Waste Services Permit and permittees shall not use, hire, or enter into a contract with a private collector unless the private collector has a current nonexclusive franchise and is in good standing with the city.

Cf) Term. Each permit shall expire one year after it is issued by the city.

(g) Renewal. A Broker shall submit its application to renew its Waste Services Permit to the Department for approval at least thirty (30) days before the expiration of the existing permit. At the discretion of the Department, the Broker may be required to provide additional supporting documentation. If the Broker submits a timely and complete application, the Broker may continue to procure, manage and supervise collection services in the city, without interruption, until the city makes a final determination to grant or deny the application. If the Broker fails to submit a timely and complete application, the Broker shall suspend its services in the city upon expiration of the existing permit.

(h) No Transfer. A Waste Services Permit cannot be transferred or assigned to any other Person, without the prior written approval of the Department.

(i) Cooperation with Audits. Pursuant to Section 78-16l(c), the city may audit, copy, inspect and examine the financial records of a franchisee. Upon request and reasonable notice, a permit holder shall cooperate with the city auditors and provide, if applicable, any and all documents or information requested, as it relates to the collection services the audited franchisee provides Within the city. At the city's request, the permit holder shall deliver the original or a copy of such records to the city at no cost to the city.

Sec. 78-163. - Contracts with Customers; writing required.

(a) A franchisee shall enter into a written contract with a customer prior to providing any collection service to that customer. The franchisee's contract with a customer must clearly identify: (1) the name of the customer; (2) the customer's service address; (3) the customer's billing address; ( 4) each of the services that will be provided to the customer; (5) the capacity of each collection container, including each compactor, that will be used by the customer; and (6) each of the fees that will be billed to the customer, including pass-through fees, fuel charges, administrative fees and other charges.

(b) A broker shall enter into a written contract with a customer prior to providing any collection service to that customer. The broker's written contract with the customer shall contain all of the information required pursuant to Section 78-163(a), above.

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(c) A franchisee shall enter into a written contract with a broker prior to providing any collection service to any person or customer represented by the broker. The franchisee's written contract with the broker shall contain all of the information required pursuant to Section 78-163(a)(l) through (5), above. The franchisee's written contract with the broker also shall identify each of the fees that will be billed to the broker, including pass-through fees, fuel charges, administrative fees and other charges.

(d) A contract between a franchisee and a customer, or a broker and a customer, must provide for a minimum frequency of service that complies with the minimum requirements set forth below:

1 Commercial Waste shall be collected, at a minimum, twice a week.

ii. Garbage and trash generated by multi-family dwellings shall be collected, at a minimum, twice a week.

iii. Bulk waste generated by multi-family dwellings shall be collected, at a minimum, once a month.

iv. Recycling materials generated by commercial property and multifamily dwellings shall be collected, at a minimum, twice a month.

v. If using compactors, the compacted solid waste or recyclable materials shall be collected, at a minimum, once a week.

vi. If the minimum frequency of service set forth in subsections i, ii, iii, iv, or v is insufficient to prevent waste from overflowing the collection container or being placed above the sidewalls of the collection container, at the Department's discretion, and upon notice, the private collector and/or broker shall be required to increase the frequency of collection, or the size or number of collection containers, to prevent unsanitary conditions.

Sec. 78-164. - Supplemental Requirements for Collection Service from Commercial Property and Multi-Family Dwellings.

(a) Each commercial customer and multi-family dwelling shall have at least one collection container for garbage and trash, and one collection container for recyclable materials.

(b) Two or more commercial customers may share the use of one collection container, subject to the department's prior written approval.

(c) Private collectors shall provide collection services in the city only between the hours of 6:00 a.m. until 11 :00 p.m. from Monday through Saturday. Private collectors shall not collect solid waste in the city between 11 :00 p.m. and 6:00 a.m. or on Sundays.

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(d) A private collector and/or broker, if applicable, shall provide written notice to the city at least 14 days before the private collector and/or broker terminates its service to a commercial customer or multi-family dwelling. In the event that the commercial customer or multi-family dwelling terminates the service agreement, the private collector or broker must notify the city in writing within 24 hours after the termination is effective.

Sec. 78-165. - Failure to pay franchise fees; penalties.

(a) Penalties. If a franchisee fails to pay the full franchise fee when due, or under-reports its gross revenues or the number of accounts being serviced within the City, and such failure results in an error greater than two (2) percent in the amount paid or reported, the City shall impose a penalty in an amount equal to ten percent (10%) of the unpaid franchise fee for every 30-day period or part thereof during which the franchise fee is delinquent. The franchisee shall also pay any and all of the City's expenses for the collection of such fees and penalties, including, without limitation, audit costs and reasonable attorney fees.

(b) Cumulative remedies. In addition to imposing penalties as set forth in this section, if the franchisee violates the provision of this chapter, the city may, at its discretion, suspend or revoke the non-exclusive franchise pursuant to Section 78-167, and suspend or revoke the franchisee's business tax receipt in accordance with chapter 86 of the city code.

Sec. 78-166. - Denial of application for a non-exclusive franchise or waste services permit.

The city may deny an application for a non-exclusive franchise or waste services permit under this article on the following grounds:

(fil The applicant misrepresents or fails to disclose material information required in the non-exclusive franchise application, waste services permit application, or as requested by the department.

.(hl The applicant submits an incomplete application as determined by the department, and fails or refuses to submit the required information after receiving notice.

@ The applicant had a non-exclusive franchise, waste services permit, or business tax receipt suspended or revoked within the prior three years.

@ The applicant is delinquent in the payment of any business tax imposed under chapter 86, code enforcement lien, special assessment lien and/or any other debt or obligation due to the city.

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@). The issuance of a non-exclusive franchise or waste services permit is based on the applicant's compliance with provisions of federal, state, city or county law, and the applicant has violated such provisions.

ill The applicant violates any provision of this article and fails or refuses to cease or correct the violation after receiving notice .

.(g). The applicant for a non-exclusive franchise fails to provide and maintain a performance bond in compliance with the requirements in this article .

.(h). The applicant fails to obtain and maintain insurance in compliance with the requirements in this article.

Sec. 78-167 - Revocation or suspension of non-exclusive franchise or permit.

(a) The department may revoke or suspend a non-exclusive franchise or waste services permit if the department concludes, upon notice and an opportunity to be heard, that:

(1) The non-exclusive franchise or waste services permit was issued as a result of a mistake of law or fact.

(2) The non-exclusive franchise or waste services permit was issued upon a false statement or misrepresentation by the applicant.

(3) The franchisee or permit holder violated an applicable provision of the city code, a city policy or rule, or a Miami-Dade County, state, or federal law, rule, policy or regulation.

( 4) The franchisee failed to deliver timely and full payment of franchise fees in compliance with the requirements in this chapter 78.

(5) The franchisee underreported the number of accounts serviced within the city and/or the amount of gross revenue.

(6) The franchisee or permit holder failed to maintain insurance coverage in compliance with the requirements in this chapter 78.

(7) The franchisee failed to provide and maintain a performance bond in compliance with the requirements in this chapter 78.

(8) The franchisee or permit holder is delinquent in the payment of any business tax, code enforcement lien, special assessment lien and/or any other debt or obligation due to the city.

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(9) The franchisee or permit holder, as part of its business activity within the city, engages in conduct that poses a threat to the public health, safety or welfare.

(10) The franchisee or permit holder violated a requirement in Chapter 78 and failed or refused to cease or correct the violation after notification thereof.

(11) The franchise or waste services permit issued by the city depended upon compliance by the franchisee or permit holder with specific provisions of federal, state or county law or a city rule, regulation or ordinance, and the franchisee violated such provisions.

Cb) A non-exclusive franchise or waste services permit that has been suspended or revoked under this section will not be reinstated or reissued until the franchisee or permit holder has:

(1) Complied with all of the requirements in this chapter 78;

(2) Submitted a complete application;

(3) Paid any applicable business tax receipt, franchise fees and other outstanding debt owed to the city; and

(4) Obtained the department's approval for a reinstated or reissued franchise or permit.

Sec. 78-168. - Right to appeal the denial, suspension, or revocation of a franchise or permit.

An applicant, franchisee or permit holder may appeal the department's final decision to deny an application, or suspend or revoke a franchise or permit. Any such appeal shall be presented to the city council at a duly noticed public meeting. The notice of appeal shall be filed in writing with the city clerk no later than 14 calendar days after the receipt of the notice of the department's decision.

Secs. 78-169.§.6..-78-1862. - Reserved.

* * * *

Section 4: Article VII of Chapter 78 entitled "Solid Waste" of the Code of Ordinances

of the City of Hialeah, Florida, is hereby deleted in its entirety and in its stead shall read as follows:

ARTICLE VII.


Chapter 78

SOLID WASTE

* * * * ROLL-OFF CONTAINER REGULATIONS

Sec. 78-186. - Non-exclusive franchise required for Roll-Off Containers.

(a) No Person shall place, service, or collect roll-off containers within the city without first obtaining a non-exclusive franchise, as provided in this Chapter 78.

(b) A roll-off container can be utilized only to collect, remove, recycle, and dispose of construction and demolition waste, land clearing debris, or recovered materials.

Sec. 78-187. -Requirements for Non-Exclusive Franchises.

(a) Any Person that wishes to obtain a non-exclusive franchise for the use of Roll-Off containers in the city shall submit a properly completed application in compliance with Section 78-160, above.

(b) Any person that uses roll-off containers to collect solid waste or recovered material pursuant to this Article VII shall be subject to and shall comply with the applicable requirements in this Chapter 78, including but not limited to the requirements in Sections 78-158, 78-159, 78-160, 78-161, 78-163, 78-165, 78-166, and 78-167.

Sec. 78-188. - Supplemental requirements for roll-off containers.

(a) A roll-off container used in the city shall have a minimum capacity of ten cubic yards and a maximum capacity of 40 cubic yards.

(b) All roll-off containers used in the city shall prominently display the name and telephone number of the person that owns the roll-off container, on at least two sides of the container, consistent with the labelling requirements in section 78-157(c).

(c) No construction and demolition waste or land clearing debris shall be permitted to accumulate in a roll-off container so as to constitute a nuisance, fire hazard, breeding place for flies or other vectors, or a harbor for rodents.

(d) In no event shall a roll-off container remain on a customer's property after the construction or demolition work has been completed.


(e) The City may impound, remove, and empty any roll-off container that is abandoned, pursuant to Section 78-158.

(f) Within 24 hours after the public announcement of a hurricane warning, level 3 activation, or declared emergency, each private collector shall either (1) remove all of its roll-off containers from the city or (2) securely cover and enclose each of its roll-off containers in the city with wire mesh or metal straps.

Secs. 78-189-78-191. - Reserved.

* * * *

Section 5: Repeal of Ordinances in Conflict.

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to

the extent of such conflict, effective October 1, 2021.

Section 6: Penalties.

Every person violating any provision of the Code or any ordinance, rule or regulation

adopted or issued in pursuance thereof shall be assessed a civil penalty not to exceed $500.00

within the discretion of the court or administrative tribunal having jurisdiction. Each act of

violation and each day upon which any such violation shall occur shall constitute a separate

offense. In addition to the penalty prescribed above, the city may pursue other remedies such as

abatement of nuisance, injunctive relief, administrative adjudication and revocation of licenses or

permits.

Section 7: Inclusion in Code.

The provisions of this ordinance shall be included and incorporated in the Code of

Ordinances of the City of Hialeah, as an addition or amendment thereto, and the sections of this

ordinance shall be renumbered, as appropriate, to conform to the uniform numbering system of the

Code.

Section 8:


Severability Clause.

If any phrase, clause, sentence, paragraph or section of this ordinance shall be declared

invalid or unconstitutional by the judgment or decree of a court of competent jurisdiction, such

invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,

paragraphs or sections of this ordinance.

Section 9: Effective Date.

This ordinance shall become effective on October 1, 2021, provided this ordinance is

passed by the City Council and signed by the Mayor, or at the next regularly scheduled City

Council meeting, if the Mayor's signature is withheld or if the City Council overrides the Mayor's

veto.

PASSED AND ADOPTED this~ day of May , 2021. ~~~~~~~~~-

Monica Perez Council Vice President

Attest: . Approved on this_:]__ daZ_ ~ Mayor Carlos Hernandez

'2021.

Ordinance was adopted by 4-0-3 vote with Councilmembers, Garcia-Roves, Hernandez, Perez and Zogby voting "Yes" and with Council President Tundidor, Council Member De la Rosa and Council Member Cue-Fuente absent.

Underline indicates addition of new text.

lli!A)'ICES 2021 \Chapter 78\Chapter 78 Code Amendment. Private Collectors and Brokers. FINAL.docx

ordinance no. 2021 -052 an ordinance of the mayor and …

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