O-404-78 ORDINANCE NO. 404-78
AN ORDINANCE AMENDING SECTIONS 10-17, 10-21, AND
10-23 OF MIAMI SHORES VILLAGE CODE OF ORDINANCES,
CONCERNING GARBAGE AND TRASH COLLECTION.
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
Section 1.
Section 10-17 now reads as follows:
All owners or occupants of residences, apartments
or places of business within the Village are required
to provide garbage containers and trash containers
of sufficient capacity to hold three (3) day 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.
Section 10-17 of the Code of Ordinances of Miami Shores Village
shall be, and the same is, amended to read as follows:
(by adding the following)
Grass cuttings and leaves from shrubbery and trees
shall be containerized in containers with a minimum
capacity of 20 gallons and a maximum capacity of
40 gallons, and shall be galvanized metal , durable
plastic, or disposable plastic bags. The g alvanized
metal and durable plastic containers shall have
handles on the sides.
All tree trunks and branches, and similar materials,
shall be cut to lengths not exceeding five feet and
stacked in a uniform manner.
Section 3.
Section 10-23 now reads asJollows:
(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
containers 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 declared to be a debt due to
the Village and any person required under the terms
of this subsection to have accumulation of garbage,
trash and garden trash removed and disposed of by the
Village 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 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 the
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 4.
Section 10-23 of the Code of Ordinances of Miami Shores
Village shall be, and the same is, hereby amended to read as follows:
(by adding the following)
(e) In the event grass cuttings, Teaves from shrubbery
and trees, tree trunks and branches, and similar
materials are not prepared for collection as herein-
above required, the collection thereof may be made
by the Village and an appropriate additional fee for
collection shall be made and shall constitute a
lien against the premises, with the same force and
effect as the regular fee provided for in paragraph
W above, and the special lien provided for in
Section 11-4 of this Code. Prior to assessing a
special fee as provided for in this section, the
Village Manager, or his designee, shall give notice
to the owner or occupant of such property to comply
with Section 10-17 within ten (10) days after the
service of such notice. The manner of providing the
required notice to owner shall be the same as set
forth in Section 11-3 of this Code.
Section5 .
This ordinance shall become effective immeidately upon its
passage.
PASSED on first reading this 1st day of August, 1978.
PASSED and ADOPTED this 15th day of August, 1978.
Joseph P. a
os ep P- ar
Mayor
ATTEST:
Village Clerk
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