O-462-83 ORDINANCE NO . 462-83
AN ORDINANCE AMENDING CHAPTER 10 AND ALL SECTIONS
THEREOF OF THE CODE OF ORDINANCES , MIAMI SHORES VILLAGE,
FLORIDA; ESTABLISHING DEFINITIONS , COLLECTION SERVICE ,
CONTAINER USAGE , PROHIBITING PLACING REFUSE IN PARKWAYS
AND CURBSIDE ; AUTHORIZING PRIVATE WASTE COLLECTION
SERVICE ; ESTABLISHING WASTE FEES , TIME OF PAYMENT
THEREOF AND PROVIDING FOR COLLECTION OF DELINQUENT FEES ;
PROVIDING SAVINGS CLAUSE RELATIVE TO ACCRUED FEES .
BE IT ORDAINED BY MIAMI SHORES VILLAGE , FLORIDA:
Chapter 10 of the Code of Ordinances , Miami Shores Village ,
Florida , is hereby amended to read as follows :
SECTION 10-1 . DEFINITIONS .
For the purpose of this Chapter , the definitions contained
in this section shall apply unless otherwise specifical- ly stated .
(a) PORTABLE CONTAINER . The words "portable container"
shall mean dumpster, rollaway or other similar container owned by
Miami Shores Village and designed for mechanized collection .
(b) BULKY WASTE . The words "bulky waste" shall mean
large items of household refuse, such as appliances , furniture
accumulations of tree cutbacks and shrubbery cuttings , and other
refuse attending the care of lawns , large crates , and like articles .
(c) GARDEN TRASH . The words "garden trash" shall mean
the refuse attending the care of lawns , shrubbery , vines and trees .
(d) COMMERCIAL ESTABLISHMENTS . The words "commercial
establishments" shall mean any business or establishment of any
nature or kind whatsoever other than a residential unit as defined
in this section .
(e) CONTAINERIZED WASTE . The words "containerized waste"
shall mean and include refuse which is placed in cans , plastic bags
bulk containers , and bundled garden trash , except as otherwise stated
in this section .
(f) CURBSIDE . The word "curbsidell shall mean the areas
between the sidewalk and the street edge ; or in areas without
sidewalks , the area between the edge of the traveled portion of any
public or private street and the property line , not to exceed 10 feet .
(g) DEPARTMENT. The word "department" sha*II mean the
Department of Public Works , except as otherwise stated .
(h) DIRECTOR. The word "director" shall mean the Director
of Public Works , or his designee , except as otherwise noted.
( I ) GARBAGE . The word "garbage" shall mean every refuse
accumulation of animal , fruit , or vegetable matter that attends the
preparation , use, cooking , and dealing in the storage of edibles ,
and any other matter, of any nature whatsoever , which is subject to
decay , putrification , and degeneration of noxious or offensive gasses
or odors , or which during or after decay may serve as breeding or
feeding material for flies or other germ-carrying insects .
(j ) PERSON. The word "person" shall mean an individual ,
firm, partnership, corporation , association , executor , administrator ,
trustee, or other legal entity , whether singular or plural , masculine
or feminine, public or private , as the context may require.
(k) PLASTIC BAG . The word "plastic bag" shall mean a
polyethylene or other heavy duty plastic bag meeting the National
Sanitation Foundation standard of 1 . 5 mills and not exceeding a
32-ga- lon capacity, with a securing twist tie.
( 1 ) RESIDENTIAL UNIT. The words "residential unit" shall
mean any structure used or constructed for use as a single family
dwelling and located on a single lot , parcel , or tract of land .
For the purpose of this Chapter, each individual rental unit of a
duplex, apartment house , hotel or motel shall be considered a
residential unit.
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(m) REFUSE . The word "refuse" shall mean any garbage,
garden trash , industrial waste, non-combustible refuse, rubbish ,
waste , bulk waste, containerized waste , and/or solid waste.
(n) RUBBISH . The word "rubbish" shall mean refuse
accumulation of paper, excelsior , rags , or wooden or paper boxes or
containers , sweepings , and all other accumulations of a nature other
than garbage ,, which are usual to housekeeping and to the operation
of stores , offices , and other business places , and also any bottles ,
cans , or other containers which , due to their ability to retain
water, may serve as breeding places for mosquitoes or other water-
breeding insects ; "rubbish" shall not include non-combustible refuse ,
as defined above.
SECTION 10-2 . COLLECTION SERVICES , CONTAINER USAGE ,
CONDITION AND LOCATION .
Every commercial establishment and residential unit
shall utilize the waste collection services of Miami Shores
Village , except as herein otherwise authorized . Each residence
or commercial establishment shall have a sufficient number of
garbage cans , plastic bags , or portable containers to accommodate
all garbage , bundled garden trash or rubbish , to be removed by the
Village or other approved contractors . All refuse to be removed
by the Village shall be placed in a single location at or near
the rear property line at a point easily accessible for the col -
lection thereof. which shall be made from alleyways where there is
safe access for passage of collection equipment , otherwise, all
refuse to be removed by the Village shall be placed at curbside
in front of the property in such a manner as not to obstruct
pedestrian passage.
Grass-cuttings and leaves from shrubbery and trees shall
be placed in containers of 20-gallon minimum and 40-gallons maxi -
mum, which containers shall be of galvanized metal , durable plastic ,
or plastic bags . No loaded container shall exceed 50 pounds in
weight , and the metal and durable plastic containers shall have
handles on the sides and tightly fitting lids that are water tight
and in place at all times . Plastic bags shall be sealed with a
twist wrap to prevent water entry into the bag . In the event con-
tainers of any kind are in excess of 50 pounds total weight , same
shall not be collected until after the Director shall cause to be
delivered to the concerned premises written notice of the weight
violation ; and if said violation is not corrected within three days
of said notice, collection thereof will be made at a cost in double
the amount of a special collection and assessed to the violator.
Such fee shall not be less than $100 . 00.
All garbage shall be drained of all liquids and be deposited
in garbage containers . Garbage containers shall be kept tightly
closed at all times . except when being filled or emptied. Garbage
shall not be placed in plastic bags . Said containers shall be
maintained in good condition and . repair and shall be kept together
in a place easily accessible to Village employees . Such garbage
or trash containers shall not be kept on Village property or
neighboring property not owned or occupied by the person by whom
the garbage or trash is accumulated , whether such property is vacant
or improved .
Garbage crews will remove UP to 3 cubic yards of accu-
mulated bulky waste , except large items of household refuse that
cannot be containerized , on their regularly scheduled routes ,
providing the tree trunks , branches , and similar material are cut
to lengths that do not exceed five feet in length , are under 2 inches
in diameter , and are stacked in a uniform manner .
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SECTION 10-3 . SPECIAL COLLECTIONS .
Special collections by the Department of Solid Waste
Collection or Waste Services not covered by this chapter may be
specified by the Village Manager. Whenever a violation of this
Ordinance occurs which neccessitates the Department to remove said
violation , the fee for such services , shall be double the fee that
would otherwise be applicable and assessed to the violator. Such
fee shall not be less than $100. 00 .
Refusal or delay in rendering payment for any special
collection performed as outlined in this Ordinance shall constitute
the basis for adding such unpaid charges to regular waste fee
assessments accruing against the property where such special collec-
tions are made, and are hereby imposed as special assessment liens
against the real property aforesaid , and until fully paid and dis-
charged, or barred by law, shall remain liens equal in rank and
dignity with lien of the Village ad valorum taxes and superior
in rank and dignity all other liens , encumbrances , titles and
claims in , to, or against the real property involved, excepting
County ad valorum taxes , and when delinquent , shall bear interest
and may be enforced and collected pursuant to the provisions of this
Ordinance when applicable.
SECTION 10-4. PLACING TRASH OR REFUSE IN CENTER PARKWAY
AND AT CURBSIDE .
It shall be unlawful for any person to deposit any refuse
or rubbish of any nature whatsoever upon any portion of any parkway
lying in the middle of any public right-of-way in the Village.
Bulky waste shall not be permitted at curbside until advance arrange-
ments have been made with the Department for its removal .
SECTION 10-5 . ENGAGING IN BUSINESS OF WASTE
COLLECTION AND DISPOSAL; ISSUANCE OF PERMIT TO
PRIVATE WASTE COLLECTORS .
No person , firm, or corporation shall remove or transport
any solid waste material over the streets or public rights of way
of Miami Shores Village or its real property for hire or salvage
without first applying for and receiving a permit from the Vitlage
Manager to carry on such as business . The permit required by this
section shall be in addition to any occupational license which
otherwise may be required by law.
SECTION lo-6. APPLICATION FOR PERMIT
Application for a permit shall be made to the Village
Manager upon such form and in such manner as shall be prescribed by
the Manager, said form to elicit the following information and to
be accompanied by supporting documents and such other information
as may be required by the Village Manager from time to time:
(a) Name of applicant . If the applicant is a partner-
ship or corporation , the name (s) and business addresses (es)
of the principal officers and stockholders and other
persons having any financial or controlling interest in
the partnership or corporation . Provided , however,
that if the corporation is a publicly owned corporation
having more than 25 shareholders , then only the names
and business addresses of the local managing officers
shall be required .
(b) Character of applicant . The applicant for a permit under
Fhis section , if any individual , or in the case of a firm,
corporation , partnership , association , or organization ,
any person having any financial , controlling or managerial
interest therein , shall be of good moral character.
In making such determination , the following information ,
which shall be submitted by applicant , shall be considered :
(1 ) PENAL HISTORY . The record of all convictions and the
reasons therefore shall be provided by the applcant , in
case of any individual , and of the principal controlling
officers of applicant if other than an individual .
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(2) FINGERPRINTS . The fingerprints of the persons men-
tioned in this sub-section shall accompany the application .
(3) BUSINESS HISTORY . Whether such applicant has operated
a solid waste collection - removal business in this or
any other state under a franchise , permit or license , and
if so, where and whether such franchise, permit or license
has ever been revoked or suspended , and the reasons there-
for.
(4) EXISTENCE OF BUSINESS ENTITY. If applicant is a
corporation , applicant shall submit proof of incorpora-
tion in good standing in the state of incorporation . If
applicant is operating under a fictitious name ,
applicant shall be required to submit information that
such fictitious name is registered and held by applicant .
(c) insurance requirements . The applicant for a permit
shall maintain insurance as specified herein and shal- I
furnish a public liability policy to the Department and
also file with the Department a certificate of insurance
for all Policies written in the applicant ' s name. This
certificate shall provide that the policies contain an
endorsement requiring that the Village Manager shall be
furnished with ten ( 10) days written notice by registered
mail prior to cancellation or material changes in the
Policies .
( 1 ) COMPREHENSIVE GENERAL LIABILITY. The applicant
shall carry in his own name a Policy covering his oper-
ations in an amount not less than $250,000. 00 in the
event of injury to one person and $500, 000. 00 in the
event of injury to more than one person , and property
damage of $100 ,000. 00.
(2) MOTOR VEHICLE LIABILITY INSURANCE . The applicant
shall carry in his own name a policy covering his oper-
ations in an amount not less than the minimum limits of
the next prior paragraph.
(3) LIABILITY OF THE VILLAGE AND THE DEPARTMENT. The
above insurance requirements shall not be construed as
imposing upon the Village or the Department or any
official or employee thereof any liability or responsi -
bility for injury to any person or porperty by the insured
his agents or employees .
(d) Application Fee. Each application shall be accompanied
by a fee of �_100. 00
(e) The completed application shall be submitted to the
Village Manager. Upon receipt of a completed application ,
the Manager or his designated representative shall review
said application , and if satisfactory in all respects ,
and after payment of required fees pursuant to this
ordinance shall issue the required permit .
SECTION 10-7. DENIAL OF PERMIT. Should the Village Manager
deny any application for a permit , he shall notify the applicant
of such denial by certified mail not later than fourteen (14) days after
taking such action . The notice of denial shall contain a statement of
the reasons why the application was denied .
SECTION 10-8. APPEAL FROM DENIAL OF PERMIT.
The denial or revocation of a permit by the Vil- lage Manager
may be appealed to the Village Council . The Notice of Appeal shall
be filed in writing with the Village Clerk no later than fourteen ( 14)
days after the receipt of the certified letter advising applicant of
the denial or revocation .
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The Village Council shall fix the date and time for hearing the appeal .
Said hearing shall be held not less than fourteen (14) nor more
than sixty (60) days after the receipt of the notice of appeal .
The Village Council ] shall either affirm the decision of the Village
Manager or direct the Village Manager to issue or reinstate the permit .
SECTION 10-9. VEHICLE REGISTRATION FEES .
Each and every permitee shall pay , in addition to the
initial application fee, an annual vehicle registration fee which
shall be in the amount of $25. 00 for each vehicle shown on the list
required to be submitted as part of the application . This fee shall
apply to renewal of permits as well . Each permit shall be in
existence for a period of one year from the date of issuance.
SECTION 10- 10. RENEWAL OF PERMIT.
A permit may be renewed from year to year by the Vil- lage
Manager. Such renewal shall be subject to the same terms and conditions
app licable to the issuance of the original permit , except that the renewal
permit fee shall be $50- 00 and vehicle registration fee as set forth
in Section 10-9.
SECTION 10- 11 . TRANSFER OF PERMIT PROHIBITED .
No permit for the collection of solid waste issued under
the provisions of this ordinance may be assigned or transferred.
SECTION 10- 12 . INFORMATION REQUIRED OF PERMITEES
At least annually, but not more frequently than quarterly ,
as determined by the Village Manager, each permitee shall supply the
following information on a form and in the manner prescribed by
the Village Manager :
(a) A listing , as of the reporting date, of the names
and addresses of customers , the addresses of each
location served , and schedule of rates charged by
the permitee.
(b) A summary of the number of cubic yards of solid waste
collected weekly based on scheduled service as of the
reporting date.
SECTION 10- 13 . ACCEPTABILITY OF MATERIAL FOR DISPOSAL
Notwithstanding any other provisions of this Chapter , the
Village will not collect surgical waste or construction debris and
reserves the right to refuse to accept for collection any waste which
has been designated by federal , state , or county law, statute,
ordinance , rule, or regulation as a hazardous waste, or as a solid
waste material requiring special handling or disposal . The Vil- lage
also reserves the right to refuse to accept any waste material which ,
in the judgment of the Director or his designated representative , would
prove injurious to Village personnel or equipment .
SECTION lo- 14. REVOCATION OF PERMIT.
A violation of any of the terms and conditions of the Code
of Miami Shores Village which endanger the public health , safety and
welfare , or the violation of any of the terms and conditions of
the permit , shall be cause for revocation of a permit . The Village
Manager may revoke a permit for a violation or violations as
aforementioned and may immediately declare such permit null and void ;
and upon such declation , permitee shall immediately cease all operations
and shall be considered to have forfeited said permit and the rights
acquired thereunder. Should the Village Manager decide to revoke a permit ,
he shall provide the permitee with notice of such revocation and the
reasons therefor. Upon receipt of such notice, the permitee may appeal
said revocation to the Village Council , and the appeal and hearing
thereon shall be conducted in accordance with the procedure set forth
in Section 10-8.
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SECTION 10- 15 . WASTE FEES
It shall be the duty of the owner of each lot , tract ,
or parcel of land in any area in Miami Shores Village where waste
collection services provided by the Village , havi-ng a residential
unit or commercial establishment situate thereon , except as may
otherwise be provided herein , to pay or cause to be paid the
waste fee or fees due for each residential unit or commercial
establishment , as the case may be , as provided for Section 10- 16,
and failure on the part of such owner to make such payment shall
constitute a violation of this Chapter. Waste collection may be
discontinued from the premises for which waste fee has not been
paid , and the owners or occupants thereof may be sujbect to the
provisions of Section 10- hereof.
SECTION 10- 16 . SCHEDULE OF WASTE COLLECTION AND
DISPOSAL FEE .
Effective January 1 , 1984, each person , firm, cor-
poration , partnership, or other legal entity , who is the owner
of each lot , tract , or parcel of land in any area in Miami Shores
Village where waste collection service is provided by Miami Shores
Village, shal- I pay for residential and commercial refuse collection
the following fees :
Annual Fee
(a) Residence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125- 00
(1 ) Auxiliary living unit (one 30-Gallon can) . . . . . 62- 50
(2) Special pickups (Minimum $15 - 00 ; tree limbs and
branches $75 -00 per Village truck load)
(b) Duplexes , per unit. . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . 125 -00
(c) Apartments :
(1 ) Rental (each 30-Gallon can per unit) . . . . . . . . . . 62 - 50
(2) Condominium and co-op (each 30-Gallon can per
unit) or container rates . . . . . . . . . . . . . . . . . . . . . . 62 - 50
(d) Hotels and motels , no cooking facilities :
( 1 ) 1 thru 4 units (maximum of one 30-Gallon can
per 2 units) . . . . j *e* r* U : * -or- ... r. . . . . . . . . 125 - 00
(2) Over 4 units at 20. 00 p nit y d
container rates
(e) Commercial :
(1 ) Trash only (two 30-Gallon cans twice weekly) . . 125-00
Each additional can . . . *. . . . . . . . . . . 62 - 50
(2) Garbage and trash (two 30-Gallon cans daily) . . 375 -00
Each additional can . .� . . . . . . . . . . . . . . . . . . . . . . . . . 62- 50
(3) One 1 -yard container (twice weekly) . . . . . . . . . . . 750- 00
One 1 -yard con.tainer (daily) . . . . . . . . . . . . . . . . . . 1 ,485 - 00
(4) One 2-yard container (twice weekly) . . . . . . . . . . . 1 ,000.00
One 2-yard container (daily) . . . . . . . . . . . . . . . . . . 1 ,990. 00
(5) Surgical and Pathological Waste
(not collected by Vil- lage)
(6) Construction debris (not collected by Village)
SECTION 10- 17. PAYMENT OF WASTE FEES
Residential waste fees shall be payable in advance or before
their due date. Fees for commercial establishments shall be payable
annually for minimum service collection . In the event that payment
of said waste fees is by check made payable to the Village , and said
check is returned by the bank upon which drawn due to insufficient
funds or any reason not the fault of the bank or the Village , a
charge of $10 . 00 shall be added to the waste fees due to cover
administrative costs incurred by the Village. In additions , late
charges and interest on past due accounts shall be charged as
provided in this ordinance.
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SECTION 10-18 . WASTE FEES SHALL CONSTITUE SPECIAL
LIENS AGAINST ALL IMPROVED REAL PROPERTY ..
(a) Except as otherwise provided by this Ordinance, all
owners of improved real property in Miami Shores Village are required
to have accumulations of garbage , bulky waste , and solid waste
removed by the Department , and for such governmental service of
garbage , bulky waste , and solid waste collection , or the availability
of such service , all such improved real property shall be liable for
the payment of the waste fees set forth in Section 10- 16. All waste
fees becoming due and payable on/and after January. 1 , 1984, shall
constitute , and are hereby imposed as , sp�ecial assessment liens
against the real property aforesaid , and until fully paid and discharged ,
or barred by law, shall remain liens equal in rank and dignity with
the lien of Miami Shores Village ad valorum taxes and superior in
rank and dignity to all other* liens , encumbrances , titles and claims
in , to or against the real property involved , except for the lien of
Dade County ad valorum taxes . Unless otherwise provided herein , such
waste fees shall become delinquent if not fully paid within thirty
(30) days after the due date. Delinquent waste fees not paid by
February lst of each calendar year shall be increased by 10% of the
basic annual fee. Thereafter, delinquent waste fees and penalty
assessments shall accrue interest monthly at the rate of 18% per
annum until paid . Unpaid and delinquent waste fees , together with
all penalties imposed thereon , shall remain and constitute special
assessment liens against the real property involved for the period
of ten (10) years from the due date thereof. Such special
assessment liens for waste fees and penalties may be enforced by
any of the methods provided in Chapter 86 , Florida Statutes , o-r,
in the alternative , foreclosure proceedings may be instituted and
prosecuted under the provisions of Chapter 173 , Florida Statutes ,
or the collection and enforcement of payment thereof may be accompanied
by any other method authorized by law.
(b) Waste fees shall constitute special assessment liens
and the Village Manager shall cause to be filed in the office
of the Clerk of the Circuit Court of Dade County , Florida , a Notice
of Lien or statement showing a legal description of the real
property against which the' lien is claimed , and its location by
street and number, and the name of the owner as reflected by the
records of the Village , and an accurate statement of the total amount
of unpaid and delinquent waste fees claimed to be due, and a copy
of such Notice of Lien shall be mailed to the owner of the property
involved , as shown by the records of the Village. Such notices of
lien shall be filed in a special waste lien docket book maintained
by the Clerk of the Circuit Court for such purpose , which shall
contain such liens as have been filed. Such liens , if filed , may
be discharged and satisfied by payment to the Village of the aggregate
amounts specified in the Notice of Lien , together with interest thereon
from the date of filing of the lien computed at the rate of 18% per
annum, together with administrative costs , filing and recording fees .
When any such lien has been paid or discharged , the Department shall
promptly cause evidence of the satisfaction and discharge of such
lien to be entered in said Waste Lien Docket Book. Any person , firm,
corporation , or legal entity , other than the present owner of the
property involved, who pays any such lien shall be entitled to
receive an assignment of the lien held by the Village and shall be
subrogated to the r!' ghts of the Village in respect to the
enforcement of such lien .
SECTION 10- 19. ATTORNEYS FEES AND COSTS
Miami Shores Village shall recover attorneys fees , court
costs , and costs of enforcement and investigation in any action to
enforce this Ordinance .
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SECTION 10-20. SAVINGS CLAUSE
This amendment of Chapter 10 shall not affect the r*ight
of the Village to collect. del .inquent waste fees , collection costs
and interest having accrued pursuant to the provisiosn of said
Chapter 10 prior to the date of adoption of this Ordinance.
PASSED ON first reading this �6th day of December , 1983.
PASSED AND ADOPTED on second reading this 20th day of
December, 1983.
Kevin O ' Connor
Mayor
ATTEST:
Village Clerk
Approved as to form:
vl;�, Attorne�
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