Title 22 · Chapter 22 - GARBAGE AND OTHER SOLID WASTE

Enforcement and administrative fees

Section: 22-93

(a)

The director of solid waste, or designee, shall have the authority to initiate enforcement proceedings, against any person, franchisee, firm, corporation or other legal entity who has not strictly complied with the provisions of this chapter.

(1)

If an inspector finds a violation of this chapter, a violation shall be issued pursuant to section 2-814 and/or section 2-823 of this Code. Enforcement pursuant to chapter 2 does not preclude enforcement pursuant to any other means allowable by law.

(2)

A non-franchisee roll-off/container shall be subject to seizure and impoundment. Written notice of the department's intent to seize the roll-off/container shall be posted to the roll-off/container which is subject to seizure and impoundment. The department shall not seize any roll-off/container within 24 hours from the posting of the written notice. In addition to posting notice, the department shall also provide written notice of such seizure and impoundment to all persons or other legal entities who have a legal interest in the subject roll-off/container by certified mail, return receipt requested, within 24 hours of posting notice. The written notice shall include the following:

The name of the city department or division issuing such notice.

The date upon which the notice was issued.

The date that the notice was posted to the roll-off/container.

The section number of the City Code or ordinance that has been violated.

Notice that the department will seize and impound the roll-off/container in the event that the roll-off/container is not removed from the premises within 24 hours from the date of the posting of the written notice.

Notice of the right to request a preliminary hearing, pursuant to section 22-94, to contest the seizure and impoundment of the roll-off/container.

Notice of the right to request a preliminary hearing, pursuant to section 22-94, to contest the seizure and impoundment of the roll-off/container and immediately retrieve the roll-off/container from the department upon the posting with the department a cash bond in the amount of $500.00, plus costs incurred by the department.

Notice of the right to waive the preliminary hearing and immediately retrieve the roll-off/container from the department upon the payment of a $500.00 administrative penalty, plus costs incurred by the department.

Notice that the failure to request a preliminary hearing within ten days after the notice was mailed shall constitute a waiver of the right to a preliminary hearing pursuant to section 22-94.

A roll-off/container that has been seized and impounded, which has not been returned to the owner or interested party by virtue of a preliminary hearing, final hearing, appeal, or payment of an administrative penalty, shall become the property of the city.

(3)

The department is authorized to seize and impound a roll-off/container, after the 24-hour notification, in the event the department determines that said roll-off/container constitutes a public nuisance and poses a health and safety concern. Written notice of the department's action shall be posted at the site where the roll-off/container was located. In addition to posting notice, the department shall also provide written notice of such seizure and impoundment to all persons, firms, corporations, or other legal entities, whom the department knows, or with reasonable investigation should know, to have a legal interest in the subject roll-off/container by certified mail, return receipt requested, within 24 hours of posting notice. The written notice shall include the following:

The name of the city department or division issuing such notice.

The date upon which the notice was issued.

The date that the notice was posted at the location where the roll-off/container was found.

The section number of the City Code or ordinance that has been violated.

Notice of the right to request a hearing, pursuant to section 22-94, to contest the seizure and impoundment of the roll-off/container.

Notice of the right to request a hearing, pursuant to section 22-94, to contest the seizure and impoundment of the roll-off/container and immediately retrieve the roll-off/container from the department upon the posting with the department a cash bond in the amount of $500.00, plus costs incurred by the department.

Notice of the right to waive the hearing and immediately retrieve the roll-off/container from the department upon the payment of a $500.00 fine, plus costs incurred by the department.

Notice that the failure to request a hearing within ten days after the notice was mailed shall constitute a waiver of the right to a preliminary hearing pursuant to section 22-94.

(b)

Appointment and qualifications of sanitation inspectors, powers and duties.

(1)

The city manager is hereby authorized to designate and appoint, as sanitation inspectors, certain city employee(s), normally trained and assigned to inspection functions for the purpose of enforcing this chapter and the rules and regulations pertaining thereto.

(2)

Sanitation inspectors shall have the following qualifications:

A high school diploma or its equivalent.

Satisfactory completion of a course of at least 40 hours' duration pertaining to the duties of sanitation inspectors, which course shall be jointly given by the directors of the city police department, department of general services administration, department of resilience and public works, law department and other relevant departments.

Approval and certification by the city police chief as persons of good moral character and standing in the community suited by temperament and learning to be sanitation inspectors of the city.

(3)

Sanitation inspectors shall, while on duty:

Issue notices of noncompliance and perform such other acts pursuant to section 22-5(b) for enforcement of this chapter.

Perform such additional duties as may be prescribed by ordinance or by administrative orders, regulations and directives as may be issued by the city manager.

(4)

Sanitation inspectors shall be identified either by special uniform or badge or both. Sanitation inspectors shall not carry firearms.

(c)

Obstructing sanitation inspector in the performance of duties.

(1)

Whoever opposes, obstructs, or resists the sanitation inspector or other person authorized by the sanitation inspector, in the discharge of his or her duty, as provided in this section, shall be guilty of a violation of this chapter, and, upon conviction thereof, shall be punished as provided in section 1-13.

(2)

Sanitation inspectors shall notify the city police department immediately when in their judgment an arrest or forcible restraint becomes the appropriate response to a situation.

(d)

Civil penalties assessed pursuant to this article are due and payable to the city on the last day of the period allowed for the filing of an administrative hearing before a hearing officer, or if proper appeal is made, when the appeal has been finally decided adversely to the named violator. The amount of such penalty assessed shall constitute and is hereby imposed as a lien against the subject property with equal rank and dignity of any other special assessment liens. Penalties for violations of the provisions of this article shall be assessed in accordance with the minimum administrative fee schedule as set forth below: EXPAND Acts/Conditions of Noncompliance Fee Section (Subsection) 1st offense: $262.50 22-46(b) and 22-47(6) 2nd offense: 500.00 22-46(b) and 22-47(6) Each additional offense: 1,050.00 22-46(b) and 22-47(6) Container(s), Garbage/Trash/Industrial/other waste placed on public rights-of-way (Residential 1st offense, tag; 2nd offense, tag and warning; 3rd offense, Fine). Commercial 1st offense, $262.50; 2nd offense and thereafter, $525.00. 262.50 22-2(e) 4404 Residential and/or commercial dumpster(s) not kept in approved garbage enclosure 158.00 22-2(f) Failure of commercial property to have adequate Solid Waste contract for service, 1st offense, $262.50; 2nd offense and thereafter, $525.00. 262.50 22-14(b) 4406 Failure of Commercial Hauler/Solid Waste of intent to discontinue service, 1st offense, $75.00; 2nd offense, $150.00; 3rd offense, $250.00. 75.00 22-2(a) 4435 Commercial container violation (construction, placement, accessibility, not screened from public view) 1st offense, $75.00; 2nd offense, $150.00; any additional offenses, $300.00. 75.00 22-2(c) 1-4 4401 Failure to remove raw or processed organic waste matter from food service establishment, 1st offense, $262.50; 2nd offense and thereafter, $525.00. 262.50 22-2(b) 4432 Failure to maintain property/adjoining public areas, easements, alleys free of industrial Bulky Waste, Garbage, Trash or other waste, or failure to mow grass to curbside (residential, $75.00), commercial 1st offense, $75.00; 2nd offense, $150.00; 3rd offense, $250.00. 75.00 22-5(a) 22-9 4410 Failure to properly mark container 52.50 22-2(f) 4409 Disposal of trash or other waste materials placed in right-of-way at other than authorized time 79.00 22-18(b) 4419 Illegal dumping by a person or business 500.00 22-11 Littering 500.00 22-6(l) Illegal dumping from any commercial vehicle 500.00 22-11 4411 Illegal dumping of waste tires (per tire) 500.00 22-11 4408 Unauthorized bulky waste on right-of-way 79.00 22-18(b) Garbage not containerized 79.00 22-8(1) Sunken containers in ground of property 105.00 22-2(c)(4) Operating a Commercial Solid Waste vehicle without a valid registration 262.50 22-50 4423 All other Chapter 22 violations, 1st offense, $262.50; 2nd offense, $525.00; 3rd offense, $1,050.00. 262.50 ch. 22 Failure of franchisee to remove container(s) from discontinued accounts 79.00 22-2(b) Failure of commercial property to have sufficient service, 1st offense, $262.50; 2nd offense, $525.00. 262.50 22-2(b) 4434 Engaging in commercial solid waste collection without city Franchise Agreement, each offense, $500.00; and all equipment subject to seizure and impoundment procedures as set forth in section 22-93 500.00 22-6(e) and 22-46 Failure of commercial Solid Waste hauler to properly identify equipment/container, 1st offense, $262.50; 2nd offense, $525.00. 262.50 22-52 4402 Failure of commercial Solid Waste hauler to provide Recycling program, 1st offense, $262.50; 2nd offense, $525.00; 3rd offense, $1,050.00. 262.50 22-20 and 22-93 Failure of property owner to provide Recycling program, 1st offense, $262.50; 2nd offense, $525.00; 3rd offense, $1,050.00. 262.50 22-20 and 22-93

(e)

If the owner, agent, or occupant of any property within the city shall fail to comply with any determination of the city manager, or his/her designee, the director shall cause such work to be done and shall keep an accurate accounting of the costs thereof, whereupon the amount of such costs and the interest thereon shall constitute and is hereby imposed as a lien against the subject property with equal rank and dignity of any other special assessment liens. An aggrieved party may appeal both the fees and costs imposed under this section to a court of competent jurisdiction in accordance with the Florida Rules of Appellate Procedure.

(f)

Failure by an occupant of any commercial property other than multifamily residential property to comply with the regulations set forth in this chapter shall cause the city to revoke the certificate of use and local business tax receipt for said business.

(g)

In addition to any other remedies provided by this chapter or any other city ordinance, the director and the director of the department of resilience and public works shall have judicial remedies available to them for violations of this chapter or any other lawful rule or regulation promulgated hereunder as enumerated below but not limited to:

(1)

They may institute a civil action in a court of competent jurisdiction to establish liability and to recover damage for any costs incurred by the city in conjunction with the abatement of any condition prohibited by the provisions of this chapter.

(2)

They may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with the terms of this chapter or any rule or regulation promulgated hereunder, to enjoin and prohibit said violation or to compel the performance of actions which will result in compliance with the terms of this chapter.

(h)

These remedies are cumulative and the use of any appropriate remedy shall not constitute an election of remedies by the departments. The use of one remedy shall not preclude the use of any others.

(i)

The city may enforce all violations of this chapter before the code enforcement board or through any other legal remedy available at law.

(j)

Exemption for residential properties (transect zones T3, T4R, T5R and T6R). Any property owner who has been cited pursuant to this chapter shall have their citation voided if the following criteria are met:

(1)

Proof of complaint to 311 or their city commissioner district office at the time the illegal dumping became known, with photographic or other evidence if possible; and

(2)

A review by the director of the city department who issued the citation, or their designee, which determines that the property in question was the site of illegal dumping by a party unrelated to the property owner.

(k)

Penalties for prohibited disposition and raking of yard waste, dirt or debris when raking or using leaf blowers. A violation of section 22-23 of the City Code shall be punishable as follows:

(1)

First violation within a six-month period: Warning, no fine;

(2)

Second violation withing a six-month period: $100.00 fine;

(3)

Third or subsequent violation within a six-month period: $200.00 fine per incident.

The fine shall be issued to the individual performing the raking or using the leaf blower in violation of section 22-23 of the City Code, inclusive of property owners. However, should the individual violating section 22-23 of the City Code be acting in the scope of their employment by a contractor, landscaper, homeowners' association, or other entity, that entity will receive the fine, not the individual employee.

(Ord. No. 10128, § 1, 7-10-86; Ord. No. 10535, § 2, 1-12-89; Ord. No. 11184, § 11, 10-27-94; Code 1980, § 22-32; Ord. No. 11352, § 5, 4-25-96; Ord. No. 11703, § 15, 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. 12599, § 2, 10-14-04; Ord. No. 12835, § 2, 10-12-06; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13142, § 9, 2-11-10; Ord. No. 13194, § 2, 9-27-10; Ord. No. 13317, § 2, 3-8-12; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13693, § 2, 7-13-17; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14017, § 3, 9-13-21; Ord. No. 14141, § 2, 2-9-23; Ord. No. 14172, § 3, 5-25-23)