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O-338-68 ORDINANCE NO. 338 AN ORDINANCE PROVIDING FOR THE HANDLING OF GARBAGE AND TRASH AND ESTABLISHING GARBAGE AND TRASH COLLECTION FEES AS RELATED TO ALL RESIDENTS OR OCCUPANTS OF RESIDENCES, APARTMENTS, OR PLACES OF BUSINESS WITHIN MIAMI SHORES VILLAGE. BE IT ORDAINED BY MIAMI SHORES VILLAGE: Section 1. From and after the passage of this ordinance all owners or occupants of residences, apartments or places of business within the Village are hereby required to provide garbage cans and trash containers of sufficient capacity to hold three (3) days of accumulation of garbage and trash in the residential and apartment areas of the Village and two (2) days of accumulation of garbage and trash in the business and commercial areas thereof. Section 2. All garbage shall be drained of all liquids and be de- posited in garbage cans. Garbage cans shall be kept tightly closed at all times, except when being filled or emptied. They shall be maintained in good condition and repair and shall be kept together in a place easily accessible to Village employees. Such cans and containers shall not be kept on Village property or neighboring property not owned or occupied by the person by whom the garbage or trash shall be accumulated whether such property be vacant or improved. .Section 3. In cases where the occupant disposes of his own garbage and trash (which shall only be done by a person duly qualified and licensed by the Village) all garbage and trash containers in residential zones must be emptied and the containers disposed of at least twice a week and on such occasions not less than twice a week as may be designated by the Village Manager in commercial zones. Section 4. All garbage cans shall be of galvanized metal or durable plastic of the type commonly in use and of a capacity not less than twenty (20) gallons and not more than thirty (30) gallons. Such cans shall have handles on the sides and have a tightly fitting top with handle and so constructed as to permit the free discharge of its contents. Section 5. The following schedule of fees is hereby promulgated as the fees for the collection of garbage and trash in the Village: Garbage & Trash a. Residence $30. 00 (i) Auxiliary living'unit (1 30 gal. can) 15. 00 b. Duplexes per unit 30. 00 C. Apartments (I - 30 gal. can per unit) @ 15. 00 d. Rooms, hotels, motels, etc. (garbage & trash) No cooking facilities (1 - 30 gal. can @ unit) (i) I thru 4 units. 30. 00 (ii) 5 thru 8 units 60. 00 (iii) Over 8 units, rates increased proportionately e. Commercial (i) Trash only (Z - 30 gal. cans) 30. 00 (ii) Each additional can 15. 00 (iii) Garbage and trash (Z - 30 gal. cans - daily 90. 00 (iv) Each additonal can 15. 00 (v) One I yd. container (Z week) 180. 00 (daily ) 360. 00 (vi) One 2 yd. container (2 week) 240. 00 (daily 480. 00 Section 6. Fees: a. The fees prescribed herein are payable in advance regardless of occupancy. b. It shall be prima facie the responsibility and liability of the owner thereof to pay the proper fee and to furnish the necessary number of garbage cans and trash containers for such buildings in accordance with the established need. C. The fees prescribed herein are payable in advance for one (1) year and are hereby declared to be a debt due to the Village and any person required under the terms of this paragraph to have accumulation of garbage, trash and garden trash removed and disposed of by the Village -2- shall be liable to the Village for the amount of applicable collection fee due and such fee shall be recoverable in any court of competent jurisdiction. In the case of garbage, trash and/or garden trash, the cost of collection or the amount of collection fee shall constitute a lien against the premises to the same extent and character as the lien for special assessments, and with the same penalties and with the same rights of collection, foreclosure, sale and forfeiture as obtained for special assessment liens and may be handled in the same manner by said Village. d. The fact that any place of abode or any place of business is occupied shall be prima facie evidence that garbage, trash or garden trash is being produced and accumulated upon such premises, and that such fees for the collection and disposal thereof are due the Village. Section 7. When used herein the word "commercial" means a motel, hotel, apartment house, rooming house or tourist court which con- tains three (3) or more units and any other building, business or establish- ment of any nature or kind whatsoever other than residential. Section 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. . This ordinance shall take effect immediately upon passage. PASSED and ADOPTED this 3rd day of December, 1968. X, Mayor ATTEST: At Village Clerk 3- 34-1