O-537-91 ORDINANCE NUMBER 537-91
AN ORDINANCE AMENDING SECTIONS 9-42, 9-43 AND 9-44 OF
THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE,
FLORIDA, AND ADDING SECTION 9-46 THERETO; INCREASING
ANNUAL CHARGES FOR WASTE COLLECTION; INCREASING CHARGE
FOR EACH INQUIRY ON WASTE COLLECTION ACCOUNTS;
PROVIDING FOR QUARTERLY PAYMENTS INSTEAD OF SEMI-ANNUAL
PAYMENTS; ELIMINATING GRACE PERIOD; INCREASING CHARGE
FOR RETURNED CHECKS; PROVIDING FOR EFFECTIVE DATE.
BE IT ORDAINED BY MIAMI SHORES VILLAGE, FLORIDA:
SECTION 1. Section 9-42 of the Code of ordinances of Miami
Shores Village, Florida, reads as follows :
Sec. 9-42 . Schedule.
Effective October 1, 1990, each person, firm, corporation, part-
nership or other legal entity who is the owner of each lot, tract or
parcel of land in any area in the village where waste collection
service is provided by the village, shall pay for residential and
commercial refuse collection the following fees:
( 1) Residence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $342 .00
a. Auxiliary living unit ( 1 thirty-gallon can) . 171.00
(2) Duplexes, per unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342 .00
(3) Apartments :
a. Rental (each thirty-gallon can per unit) . . . . 171. 00
b. Condominium and co-op (each thirty-gallon
can per unit) or container rates. . . . . . . . . . . . 171. 00
(4) Hotels and motels, no cooking facilities:
a. 1 through 4 units (maximum of I thirty-
gallon can per 2 units) . . . . . . . . . . . . . . . . . . . . . 342 .00
(5) Commercial:
a. Trash only (2 thirty-gallon cans twicd week-
ly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291.00
Each additional can. . . . . . . . . . . . . . . . . . . . . . . . . 145 .50
b. Garbage and trash (2 thirty-gallon cans
daily) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 873.00
Each additional can. . . . . . . . . . . . . . . . . . . . . . . . . 145-50
c. I one-yard container (twice weekly) . . . . . . . . . 1746 .00
1 one-yard container (daily) . . . . . . . . . . . . . . . . 3492.00
d. 1 two-yard container (twice weekly) . . . . . . . . . 2330.50
1 two-yard container (daily) . . . . . . . . . . . . . . . . 4681.25
e. Surgical and pathological waste (not collec-
ted by village)
f. Construction debris (not collected by vil-
lage)
SECTION 2. Section 9-42 of the Code of Ordinances of Miami
Shores Village, Florida, shall stand amended to read as follows:
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Sec. 9-42 . Schedule.
Effective October 1, 1991, each person, firm, corporation, part-
nership or other legal entity who is the owner of each lot, tract or
parcel of land in any area in the village where waste collection
service is provided by the village, shall pay for residential and
commercial refuse collection the following fees:
( 1) Residence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $401.75
a. Auxiliary living unit ( 1 thirty-gallon can) . 200 .90
(2) Duplexes, per unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401. 75
(3) Apartments:
a. Rental (each thirty-gallon can per unit) . . . . 200.90
b. Condominium and co-op (each thirty-gallon
can per unit) or container rates. . . . . . . . . . . . 200 .90
(4) Hotels and motels, no cooking facilities :
a. 1 through 4 units (maximum of 1 thirty-
gallon can per 2 units) . . . . . . . . . . . . . . . . . . . . . 401.75
(5) Commercial:
a. Trash only (2 thirty-gallon cans twice week-
ly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341.85
Each additional can. . . . . . . . . . . . . . . . . . . . . . . . . 170-95
b. Garbage and trash (2 thirty-gallon cans
daily) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1025.50
Each additional can. . . . . . . . . . . . . . . . . . . . . . . . . 170.95
c. I one-yard container (twice weekly) . . . . . . . . . 2051.00
1 one-yard container (daily) . . . . . . . . . . . . . . . . 4102 .00
d. 1 two-yard container (twice weekly) . . . . . . . . . 2737 .65
1 two-yard container (daily) . . . . . . . . . . . . . . . . 5499 .00
e. Surgical and pathological waste (not collec-
ted by village)
f. Construction debris (not collected by vil-
lage)
SECTION 3. Section 9-43 of the Code of Ordinances of Miami
Shores Village reads as follows:
Sec. 9-43. Payment.
Residential waste fees shall be due and payable semi-annually on
October 1 and April 1 of each fiscal year. Waste fees shall be paya-
ble in advance or before their due date. Minimum service fees for
commercial establishments shall be billed annually on October I of
each fiscal year and shall also be payable in advance on 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 because of insufficient funds, or any
other reason not the fault of the bank or the village, a charge of
five dollars ($5.00) shall be added to the waste fees due to cover
charges and interest on past due accounts shall be charged as
provided in this chapter.
SECTION 4 . Section 9-43 of the Code of Ordinances, Miami
Shores Village, Florida, shall stand amended to read as follows:
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Sec. 9-43 . Payment.
Residential waste fees shall be due and payable quarterly on
October 1, January 1, April 1 and July 1 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 1 of each f iscal year and shall also be payable in advance
on or before their due date. Other than this minimum service fee,
commercial establishments may make arrangements with the village
manager f or 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 because of insufficient funds, or
any other reason not the fault of the bank or the village, a charge
of fifteen dollars ($15 . 00) , or the maximum allowed by the State of
Florida, whichever is greater, shall be added to the waste fees due
to cover charges and interest on past due accounts shall be charged
as provided in this chapter.
SECTION 5. Paragraph (a) of Section 9-44 of the Code of
Ordinances of Miami Shores Village, Florida, reads as follows:
Sec. 9-44. Creation of lien for non-payment; filing notice with
county; lien docket book.
(a) Except as otherwise provided by this chapter, all owners of
improved real property in the village are required to have accumula-
tions of garbage, bulky waste and solid waste removed by the depart-
ment, 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 9-42 . 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 afore-
said, and until fully paid and discharged, or barred by law, shall
remain liens equal in rank and dignity with the lien of the village
ad valorem taxes . Unless otherwise provided in this article, 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 ten ( 10) percent of the basic annual fee. Thereafter,
delinquent waste fees and penalty assessment shall accrue interest
monthly at the rate of eighteen ( 18) percent 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 the collection and enforcement of payment
thereof may be accompanied by any other method authorized by law.
SECTION 6 . Paragraph (a) of Section 9-44 of the Code of
Ordinances of Miami Shores Village, Florida, shall stand amended to
read as follows:
Sec. 9-44. Creation of lien for non-payment; filing notice with
county; lien docket book.
(a) Except as otherwise provided by this chapter, all owners of
improved real property in the village are required to have accumula-
tions of garbage, bulky waste and solid waste removed by the depart-
ment, 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
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fees set forth in section 9-42 . 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 afore-
said, and until fully paid and discharged, or barred by law, shall
remain liens equal in rank and dignity with the lien of the village
ad valorem taxes. Unless otherwise provided in this article, such
waste fees shall become delinquent if not fully paid on the due date
thereof. Delinquent waste fees shall be increased by ten ( 10) per-
cent of the basic annual fee. Thereafter, delinquent waste fees and
penalty assessment shall accrue interest monthly at the rate of
eighteen ( 18) percent 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 the collection and enforcement of payment thereof may be
accompanied by any other method authorized by law.
SECTION 7 . Article III of the Code of Ordinances of Miami
Shores Village, Florida, shall stand amended to included Section 9-
46, which shall read as follows:
Sec. 9-46 .
Effective October 1, 1991, there will be a charge of ten dollars
($10 .00) for each inquiry with reference to the status of each waste
collection account.
SECTION 8 . This ordinance shall become effective upon its
adoption.
PASSED AND ADOPTED as an Emergency Order on this 20th day of
August 1991.
d5z'41—
STEVEN J.,00HY90N, Mayor
ATTEST:
MIAMI SHORES VILLAGE CLERK
By:
Scott W. Davis, Deputy Clerk
APPROVED AS TO FORM:
By: aLL� ? !2
William F. Fann' Ji.-, VillageAttorney
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