O-682-10 ORDINANCE NO. 682-10
AN ORDINANCE OF MIAMI SHORES VILLAGE,FLORIDA,AMENDING
CERTAIN SECTIONS OF CHAPTER 9 OF THE VILLAGE CODE OF
ORDINANCES, ENTITLED GARBAGE&TRASH,TO FACILITATE COLLECTION
OF SANITATION ASSESSMENTS VIA THE MIAMI-DADE COUNTY
TAX BILL,PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, In January and February of 2010, Miami Shores Village passed resolutions
allowing for the collection of sanitation assessments using the Uniform Method of collecting
non-ad valorem assessments; and,
WHEREAS,Subsequent to passage of the Village resolutions,the Village executed an
interlocal agreement with Miami-Dade County to include the Village's sanitation assessments on
the County tax bills;and,
WHEREAS,The inclusion of the sanitation assessments on the County tax bills renders
unnecessary certain sections of Chapter 9, Garbage&Trash of the Miami Shores Village Code of
Ordinances,and certain clarifications of other sections are appropriate;and,
WHEREAS,An amendment to Chapter 9 of the Miami Shores Village Code of Ordinances
is in the best interests of the Village;
NOW,THEREFORE, BE IT ORDAINED by the Miami Shores Village Council that:
Section 1. The definition of Residential Unit contained within the Village Code,
Chapter 9,Article I.,"In General",Sec.9-1,"Definitions" is hereby amended and shall read as
indicated.
Residential unit means 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 condominium unit,and each individual rental unit of a duplex,apartment house,
hotel or motel,shall be considered a residential unit.
Definitions not specifically mentioned above are to remain as written within the Code.
Section 2. Subsection (a)of the Village Code,Sec. 9-2, "Collection services
generally;container specifications", shall stand amended to read as follows:
(a) Collection generally. Every commercial establishment and residential unit shall
utilize the waste collection services of the village,except as otherwise authorized in
this chapter. 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 adjoining the rear property line at a point easily accessible for the
collection 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. Placing refuse in an area not immediately adjacent to
your property shall constitute a violation of the code.
Section 3. Subsection (b)of the Village Code,Sec.9-3,"Special collections", shall
stand amended to read as follows:
(b) The charges described in subsection 9-3 (a)for any special collection performed as
outlined in this chapter,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 lien of the 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,excepting county ad valorem taxes,and when
delinquent shall bear interest and may be enforced and collected pursuant to the
provisions of this chapter when applicable.
Section 4. Subsection (a)and (d)of the Village Code,Section 9-21 of the Village
Code shall stand amended to read as follows:
(a) 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 to carry on such a
business,after payment to the village of a license fee of ten percent of the
licensee's total gross monthly receipts. The license required by this article shall be
in addition to any local business tax,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.
(d) In the event the licensee fails to pay the full ten percent 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 ten percent 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 percent per annum.
Section S. Subsection 9-22 (4)of the Village Code,shall stand amended to read as
follows:
(4) Application fee. Each application shall be accompanied by a fee of$200.00
Section 6. Village Code,Sec.9-25,"Vehicle registration fees; duration of permit"
shall stand amended to read as follows:
Each and every permittee shall pay, in addition to the initial application fee,an annual
vehicle registration fee which shall be in the amount of$50.00 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 7. Village Code,Sec.9-26, "Renewal'shall stand amended to read as
follows:
A solid waste permit may be renewed from year to year by the village manager. Such
renewal shall be subject to the same terms and conditions applicable to the issuance of
the original permit,except that the renewal permit fee shall be$100.00 and the vehicle
registration fee shall be as set forth in section 9-25.
Section 8. Village Code,Chapter 9,Article III., "Fees"Sec.9-41, "Generally",shall
stand amended to read as follows:
Except as may otherwise be provided in this Chapter, it shall be the duty of the owner of
each lot,tract or parcel of land, having a residential unit or commercial establishment situate
thereon, in any area in the village where waste collection services are provided by the village,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 in section 9-42.
Section 9. The introductory paragraph of Village Code,Sec.9-42, "Schedule",shall
stand amended to read as follows:
Commencing with the Miami-Dade County ad valorem tax billings generated in
November, 2010,and each year thereafter,each person,firm, corporation, partnership or other
legal entity who is the owner of each lot,tract,or parcel of land, having a residential unit or
commercial establishment situate thereon, in any area in the Village where waste collection
service is provided by or available from the Village,shall pay in accordance with Sec.9-43,the
following special assessment fees for residential and commercial refuse collection:
The remainder of Village Code,Section 9-42 (commencing with Section 9-42 (1) (a)through and
including Section 9-42 (5)(g) shall remain as previously enacted.
Section 10. Village Code,Sec.9-43, "Payment"shall stand amended to read as
follows:
(1) Commencing with the Miami-Dade County ad valorem tax billings generated in
November, 2010,and each year thereafter,the special assessments for
residential and commercial refuse collection under this chapter shall appear on
the annual County tax notices as non-ad valorem special assessments. Such
assessments shall reflect the charges as set forth in Sec.9-42 Schedule, and are
due and payable per the terms set forth on such tax notice and in accordance
with State law.
(2) Special assessment fees for special pick-ups, lot clearing or any additional
charges incurred,will be billed separately by the Village, payable to the Village,
and with payment terms noticed on such billing. In the event that such
payment is returned due to insufficient funds,or any other reason not the fault
of the bank or the village,a charge of$25.00 or the maximum allowed by the
State of Florida,whichever is greater, shall be added to the special assessment
billing.
Section 11. Sec.9-44., "Creation of lien for nonpayment;filing notice with county;"
is hereby amended to read as follows:
(a) Except as otherwise provided by this chapter,all owners of improved real property
in the 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 waste fees set forth in
section 9-42. All special assessment liens properly recorded as of the date of the
effective date of this ordinance,shall, until fully paid and discharged,or barred by
law, remain liens equal in rank and dignity with the lien of the village ad valorem
taxes. Unless otherwise provided in this article,special assessment fees shall
become delinquent if not fully paid within ten days of the due date thereof.
Thereafter,delinquent accounts due shall accrue interest monthly at the rate of 18
percent per annum until paid. Unpaid and delinquent fees,together with all
penalties imposed thereon,shall remain and constitute special assessment liens
against the real property involved for the period of ten 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 85, Florida Statutes,Chapter
170, Florida Statutes,or the collection and enforcement of payment thereof may be
accompanied by any other method authorized by law.
(b) Special Assessments due under this Chapter shall constitute special assessment
liens and the village manager may cause to be filed in the public record of the
county,a notice of lien or statement showing a legal description of the real property
against which the lien is claimed, its location by street and number,the name of the
owner as reflected by the records of the village,an accurate statement of the then
current total amounts 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 liens, if filed, may be discharged and satisfied by the 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
percent per annum,together with administrative costs and 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 duly filed in the
public records. 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 rights of
the village in respect to the enforcement of such lien.
Section 12. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith are hereby repealed, but only insofar as such ordinances may be inconsistent or in
conflict with this Ordinance.
Section 13. If any section,sentence,clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction,then said holding shall in no
way effect the validity of the remaining portions of this Ordinance,which shall be deemed to be
severable therefrom.
Section 14. This Ordinance shall become effective upon adoption on second and
final reading.
PASSED ON first reading,this 18th day of May .2010.
PASSED AND ADOPTED ON second and final reading,this 1st day of June ,
2010.
;Alavi"s,
ayor
ATTEST:
15t�JaNA d- &4&An
Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney