O-514-88 ORDINANCE NO. 514-88
AN ORDINANCE AMENDING SECTION 9-21 OF ARTICLE II OF CODE
OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; LEVYING
SIX PER CENT GROSS RECEIPTS LICENSE FEE ON SOLID WASTE
COLLECTORS; DEFINING "GROSS RECEIPTS" ; REQUIRING LICENSEES
TO PROVIDE DOCUMENTATION OF CHARGES MADE FOR SOLID WASTE
COLLECTION; AUTHORIZING INSPECTION OF RECORDS OF LICENSEES;
AUTHORIZING COLLECTION PROCEDURES BY MIAMI SHORES VILLAGE;
REQUIRING IDENTIFICATION ON GARBAGE DUMPSTERS; PROVIDING
EFFECTIVE DATE.
Section 1. Section 9-21 of Article II of Code of
Ordinances of Miami Shores Village, Florida, reads as follows:
Sec. 9-21. Required for private collection businesses.
No person shall remove or transport any solid waste
material over the streets or public rights-of-way of
the Village or its real property for hire or salvage
without first applying for and receiving a solid
waste permit from the Village Manager to carry on
such a business. The permit required by this article
shall be in addition to any occupational license
which otherwise may be required by law.
Section 2. Section 9-21 of Article II of Code of
Ordinances of Miami Shores Village, Florida, shall stand amended
to read as follows:
Sec. 9-21. Required for private collection businesses.
No person shall remove or transport any solid waste
material over the streets or public rights-of-way of
the Village or its real property for hire or salvage
without first applying for and receiving a solid waste
license from the Village Manager to carry on such a
business, after payment to the Village of a license fee
of 6% of the licensee' s total gross monthly receipts.
The license required by this article shall be in addition
to any occupational license, vehicle registration fee,
or application fee which may otherwise be required by
law. The term "gross receipts" is defined to mean the
entire amount of the fees collected by the licensee from
sources within Miami Shores Village, exclusive of taxes
as provided by law.
Each licensee shall deliver to the Finance Director a
true and correct monthly statement of gross receipts
generated from accounts within the Village on or before
the last day of each month. Payments of said fee shall
be made monthly to the Finance Director on or before the
last day of each month, representing billings made sixty
(60) days prior thereto. The licensee shall, on or before
thirty (30) days following the close of each fiscal year,
deliver to the Finance Director a statement of its annual
gross receipts generated from accouats within the Village
prepared by anindependent certified public accountant,
reflecting gross receipts within the Village for the pre-
ceding fiscal year. The licensee agrees to allow the
Village auditors, at any reasonable time after reasonable
notice, to audit, inspect and examine the licensee' s
fiscal books and records and state and federal tax returns
insofar as they relate to Miami Shores Village accounts,
to confirm the licensee' s compliance with this section. In
the event the licensee fails to pay the full 6% of
the licensee' s total monthly gross receipts, the licensee
shall pay any and all expenses of collection, including,
but not limited to, court costs and reasonable attorney' s
fees. In the event the licensee fails to pay the full
6% of the licensee' s total monthly gross receipts on or
before the last day of each month, interest shall accrue
on the monthly license fee at the highest lawful rate of
interest, or, if no maximum rate is prescribed by law, at
18% per annum.
In order to provide effectively for the collection of said
regulatory fee to be paid by each licensee to the Village,
any person, which includes, without limitation, a firm or
corporation seeking to renew its annual occupational
license pursuant to the provisions of Article II, Chapter
14, Code of Ordinances, Miami Shores Village, Florida,
shall, in addition to the requirements contained therein,
provide to the Finance Director evidence of payment of
all outstanding license fees and charges as a condition to
reissuance or renewal of said occupational license.
Each dumpster of a licensee must bear the name of the
licensee, and every licensee shall provide the Public
Works Director with a current list of the names and
addresses of each account, which list shall be updated
when changes occur.
Section 3 . The license hereinabove provided for shall be
required commencing October 1, 1988.
PASSED on first reading this 2nd day of August, 1988.
PASSED AND ADOPTED on the second reading this 16th day
of August, 1988.
CANTON, MAYOR
ATTEST:
ELLY F. JOHNSON, Village Clerk
By
D3puty Village Clerk
APPROVED AS TO FORM:
Tlaqe AttorzAy