Loading...
O-483-85 ORDINANCE No. 483-85 AN ORDINANCE AMENDING SECTIONS 10-16, 10-17, AND 10-18 (A) OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, MIAMI SHORES VILLAGE, FLORIDA; INCREASING WASTE. FEES, PROVIDING FOR .SEMI-ANNUAL PAYMENTS; PROVIDING EFFECTIVE DATE. BE IT ORDAINED BY MIAMI SHORES VILLAGE, FLORIDA: Section 1 . That Section 10-16 of Chapter 10, Miami Shores Village Code of Ordinances , reads as follows : Sec. 10-16. SCHEDULE OF WASTE COLLECTION AND DISPOSAL FEES. Effective January 1 , 1985, each person, firm, corporation, 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, shall pay for residential and commercial refuse collection the following fees : (a) Residence. . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . .. .$ 150.00 (1) Auxiliary living unit (one 30-Gal . can) . . . . . . . . . . . . 75.00 (2) Special pickups (Minimum $18.00; tree limbs & branches $90.00 per Village truck load) (b) Duplexes, per unit. . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . 150.00 (c) Apartments: (1) Rental (each 30-Gal . can per unit). . . .. .. . . . . . . . . . 75.00 (2) Condominimum & Co-op (each 30-Gal . can per unit) or container rates . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00 (d) Hotels and motels, no cooking facilities : (1 ) 1 thru 4 units (maximum of one 30-Gal . can per 2 units). . . . . . .. . . . . . . . . .. . . . .. . .. . . . . . . . . . . . . 150.00 (2) Over 4 units at $24.00 per unit or yard container rates. (e) Commercial : (1 ) Trash only (two 30-Gal . cans twice weekly). . . . . . . . 150.00 Each additional can. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00 C2) Garbage and trash (two 30 Gal . cans daily� . . .. . . . . 450.00 Each additional can. . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . 75 .00 C3). One 1-yard container (twice weekly). . . . . . . . . . . . . . . 900.00 One 1-yard container (daily). . . . . . . . . . . . . . . .. . .. . . 1782.00 (4) One 2,yard container (twice weekly) . . . . . . . . . . . . . . . 1200.00 One 2-yard container (daily). . . . . . . .. . . . . . . . . . . . . . 2388.00 C5) Surgical and Pathological Waste (not collected by Village) . Construction debris (not collected by Village). Section 2. That Section 10-16 of Chapter 10, Miami Shores Village Code of Ordinances, is hereby amended to read as follows : Sec. 10-16 SCHEDULE OF WASTE COLLECTION AND DISPOSAL FEES. Effective October 1 , 1985, each person, firm, corporation, 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, shall pay for residential and commercial refuse collection the following fees : Residence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213.00 (1 ) Auxiliary living unit (one 30-Gal . can) . . . . . . . . . . . 106.50 (2) Special pickups (minimum $18.00; tree limbs & branches $90.00 per Village truck load) (b) Duplexes, per unit. . . . . . .. . . . .. . . . . . . . .. . . . . . . . .. . . . 213.00 (c) Apartments: (1 ) Rental (each 30-Gal . can per unit). . . . . . . . . .. . . . . . . 106.50 (2) Condominium & Co-Op (each 30 Gal . can per unit) or container rates. . . . . .. . .. . . . . . . . . ... . . . .. . . . . . . . . 106.50 (d) Hotel and motels, no cooking facilities: (1 ) 1 thru 4 units (maximum of one 30-Gal . can per 2 units) . . . . . . . . . . . . . . . . . . . .. . . . . .. ... . . . . . . . . . . . . . 213.00 (2) Over 4 units at $33.36 per unit or yard -;con- tainer rates. (e) Commercial : (1 ) Trash only ( two 30-Gal . cans twice weekly). . . .. . . . 208.00 Each additional can. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. 104.25 (2) Garbage and trash (two 30-Gal . cans dailyA. . . . . . . . . 625.00 Each additional can. . . . . . .. . . . . .. . . . . .. . . . . . . .. . . . . 104.25 (3) One 1-yard container (twice weeklyl.. . .. . . . . . . . . . . . 1251 .00 One 1-yard container (daily). . . . . . . . . . . . . . . . . . .. . . . 2477.00 (4) One 2-yard container (twice weekly). . . . .. . . . . . . . . . . 1668.00 One 2-yard container (daily). . .. . .. .. . . . . . . .. . . .. . . 3320.00 (5) Surgical and Pathological Waste (not collected by Village) (6) Construction debris (not collected by Village) Section 3. That Section 10-17 of the Code of Ordinances, Miami Shores Village, Florida, which sets forth payment of waste fees, reads as follows : 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 ten dollars ($10.00) shall he added to the waste fees due to cover administrative costs incurred by the Village, In addition, late charges and interest on past due accounts shall be charged as provided in this Cha,pter. Section 4. That Section 10-17 of the Code of Ordinances, Miami Shores Village, Florida, which sets forth payment of waste fees, is hereby amended to read as follows: Residential waste fees shall be due and payable semi-annually on October 1st and April 1st of each fiscal year. Waste fees shall be payable in advance or before their due date. Minimum service fees for commercial establishments shall be billed annually on October Ist of each fiscal year and shall also be payable in advance or before their due date. Other than this minimum service fee, commercial establishments may make arrangements with the Village Manager for periodic payments on account throughout the year. 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 other reason not the fault of the bank or the Village, a charge of $5.00 shall be added to the waste fees due to cover administrative costs incurred by the Village. In addition, late charges and interest on past due accountsshall be charged as provided in this Chapter. 2 Section 5. Section 10-18(a) of the Code of Ordinances, Miami Shores Village, Florida, reads as follows: Except as otherwise provided by this Chapter, 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 , special 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 valorem 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 valorem taxes. Unless otherwise pro- vided 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 ten (10) per cent of the basic annual fee. Thereafter, delinquent waste fees and penalty assessments shall accrue interest monthly at the rate of eighteen (18) per cent 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, or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provision of Chapter 173, Florida Statutes, or the' collection and enforcement of payment thereof may be accompanied by any other method authorized by law. Section 6. Section 10-18(a) of the Code of Ordinances, Miami Shores Village, Florida, shall stand amended to read as follows : Except as otherwise provided by this Chapter, 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, special 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 valorem 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 within thirty (30) days from date same became due and payable 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 or, in the alternative, foreclosure - 3 - proceedings may be instituted and prosecuted under the provision of Chapter 173, Florida Statutes, or the collection and enforcement of payment thereof may be accompanied by any other method authorized by law. Section 7. This Ordinance shall become effective upon adoption. APPROVED on first reading this 6th day of August , 1985. PASSED and AD.OPTED on second reading this 20th day of August 1985. KAREN KIRBY, Mayor ATTEST: L. R. FORNEY,, JR. Village Clerk RY: 7,1 NU74ER � Deputy Clerk Approved as to Form: "'?I 4e, WILLIAM F. FANN,(JR. Village Attorney 4