Collection services, container usage, condition and requirements for placement location; city and commercial solid waste services

(a)

Garbage from single and multifamily residences of three units or less shall be collected, conveyed and disposed of by the city twice a week. Hours and days on which containers are to be collected shall be as prescribed by the director. All small trash, containerized waste, and garbage to be removed by the city shall be placed at curbside in front of the property for removal by the city as scheduled by the director, in such a manner as not to obstruct pedestrian passage or impede collection by city forces. The director may make exceptions to these rules to accommodate disabled and elderly persons. Each residence in the city shall be provided with one city issued garbage container per each residential unit to accommodate all garbage, small trash or rubbish to be removed by the city. Garbage and small trash will be placed only in the container provided by the city for this purpose. Containerized garbage shall be placed at curbside no later than 6:00 a.m. the morning of scheduled collection and no sooner than the night before and containers shall be picked up at the end of the collection day. Single and multifamily residences receiving solid waste services by the city may elect to lease additional city issued garbage containers for an annual fee equivalent to 20 percent of the annual solid waste assessment fee set forth by resolution of the city commission. The leased garbage containers will be assessed on the property owner's tax bill on an annual basis, except as provided for in subsection 22-12(b)(2) of the City Code. Should the request for an additional garbage container occur after the annual assessment has been issued, payment must be made by check on a prorated basis. The lease shall be for a one-year period and cannot be prorated.

(b)

Every commercial property shall utilize the waste collection services of a franchisee authorized to perform such services by the city commission. It shall be the responsibility of the owner, occupant, tenant or lessee of the commercial establishment to properly dispose of all trash, waste and garbage generated by such commercial property. Each commercial property in the city shall have a sufficient number of scheduled collections, garbage containers, plastic bags or portable containers to accommodate all garbage, bundled garden trash or rubbish to be removed by the franchisees. Franchisees shall be required to remove all refuse placed or spilled within a ten-foot radius of the container being serviced.

Any franchisee providing waste collection services who will be discontinuing its collection service to a commercial property shall give the department of code enforcement and the city manager's office or its designated city department at least seven business days' prior notice of its intention to discontinue such service. The franchisee shall additionally mail to the owner, occupant, tenant or lessee of the commercial property a notice that it is discontinuing waste collection services for that commercial property. Duplicate copies of this notice shall be simultaneously mailed by the franchisee to the department and the city manager's office or its designated city department. A commercial property which does not have current waste collection services being furnished shall be subject to having an administrative service fee imposed pursuant to section 22-93.

All food service properties producing raw or processed organic waste matter as a major portion of their waste stream shall provide for the removal of such material a minimum of three times per week.

(c)

The garbage or trash container site for commercial properties shall:

(1)

Be situated in an easily accessible location for collectors;

(2)

Be a platform constructed of concrete above ground level in the case of a commercial property, and shall be large enough to accommodate an appropriately sized dumpster for the facility being serviced;

(3)

Be constructed in such a manner as to discourage or eliminate the possibility of rodents breeding under the platform; and

(4)

Be screened from any street, alley, sidewalk or adjacent property. Such screening shall be maintained in perpetuity by the property owner. Screening shall be constructed of chain link fencing with slats (cyclone fencing) or wood picket fencing.

Sunken containers are hereby declared to be hazardous to the health, welfare and safety of the residents of and visitors to the city and to the city's waste collection personnel. Accordingly, such containers shall immediately be replaced with approved containers and the holes where they were previously sunk shall be filled with clean, solid fill.

Franchisees will be responsible for servicing of containers until such time as they have been removed. Commercial multifamily properties without service will be subject to administrative and service fees imposed pursuant to section 22-93 herein, should the city be required to provide service the property owner will be invoiced for service as required and at the cost associated with the unit structure provided in (b) of this section.

(d)

All new commercial properties and/or structures, as defined in this chapter, shall provide a garbage and/or trash room as required and provided for in Ordinance No. 11000, the zoning ordinance of the city. Any existing structure, legally established but currently nonconforming with regard to Ordinance No. 11000, upon expansion of the existing structure by 25 percent or more of its existing floor area, or its repair or renovation at cost exceeding 50 percent of its current value as established in the assessment made by the Miami-Dade County property appraiser, shall be required to comply with the requirements of this chapter; any series of repairs and/or renovations during any five-year period shall require the property to conform to the requirements of this chapter. Additionally, a change in the use of any legally established, but nonconforming structure shall require such structure's compliance with the requirements of this chapter prior to the issuance of a certificate of use and/or occupancy by the building and zoning department.

(e)

At no time shall any garbage containers, dumpsters or any containers, whether such containers are approved or not approved, be placed upon any street, alley, sidewalk, right-of-way, or in any public area or upon any property used by the public not owned or occupied by the person(s) placing such garbage containers, dumpsters or containers.

(f)

The director or director's designee is hereby required and granted full power and authority to designate the location of containers and the number of containers to be kept at each location. Any waste containers which do not conform to the provisions of this chapter or which contain other defects likely to hamper the collection of or injure the person collecting the contents thereof are illegal. Such containers shall be promptly replaced by the owner or user of the container upon receipt of written notice of said defect. All containers shall contain identification of the private hauling company providing the service, and must be clean, kept closed, and free of graffiti. At no time will the department service any such illegal containers. Portable containers declared a public nuisance or to be unserviceable with no identifying marks visible to the code enforcement inspectors shall be removed at the discretion of the director.

(g)

Newspapers and other salvageable materials defined as aluminum cans, glass bottles, metal and tin cans, shall be separated from all other solid waste material and may be placed in the container provided by the city for these materials or otherwise be recycled.

(h)

Commercial containers located on public property shall be deemed abandoned and will be removed by the city at the owner's expense, pursuant to this chapter of the Code. Service is to be made from streets and driveways and trucks used for this purpose shall not be driven or parked on sidewalks at any time.

(i)

Commercial property owners may request special collection of large yard and garden trash as defined herein by the department by calling for approval and scheduling, prior to setting out material. No approval by the department director or designee will be issued for said premise until the director has made a finding of compliance with the terms of this and all other chapters of this Code and other applicable regulations and laws.

(Ord. No. 10128, § 1, 7-10-86; Ord. No. 10535, § 1, 1-12-89; Ord. No. 10654, § 1, 10-12-89; Ord. No. 11122, § 2, 2-17-94; Ord. No. 11184, § 3, 10-27-94; Code 1980, § 22-2; Ord. No. 11352, § 2, 4-25-96; Ord. No. 11703, § 2, 9-28-98; Ord. No. 11837, § 2, 9-28-99; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12400, § 2, 9-11-03; Ord. No. 13194, § 2, 9-27-10; Ord. No. 13531, § 2, 7-9-15; Ord. No. 13693, § 2, 7-13-17; Ord. No. 14138, § 9, 2-9-23)