Ord 31-08~~
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ORDINANCE NO. 31-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH" OF THE CODE OF
ORDINANCES BY AMENDING SECTION 51.01, "DEFINITIONS", SECTION 51.15,
"REFUSE COLLECTION RESERVED EXCLUSNELY IN CITY OR ITS CONTRACTORS",
SECTION 51.16, "EXCEPTIONS IN CERTAIN AREAS AND FOR CERTAIN TYPES OF
COLLECTION SERVICES", SECTION 51.19, "INDUSTRIAL AND HAZARDOUS WASTE
DISPOSAL", SECTION 51.20, "BUILDING MATERIALS", SECTION 51.35,
"CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", SECTION
51.37, "USE OF OTHER UNITS AND CONTAINERS", TO CLARIFY CERTAIN
DEFINITIONS AND TERMS REGARDING RECYCLING AND ROLL-OFF CONTAINERS
TO PROVIDE THAT THEY ARE CONSISTENT WITH STATE LAW AND THE CITY'S
FRANCHISE AGREEMENT; AMENDING
SECTION 51.45, "CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE FOR THE
NON-EXCLUSIVE COLLECTION OF CONSTRUCTION AND DEMOLITION DEBRIS
AND TO PROVIDE FOR REGULATIONS GOVERNING SUCH COLLECTION;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTNE DATE.
WHEREAS, the City has an exclusive franchise agreement with Waste Management for
the collection of solid waste in the City; and
WHEREAS, the City desires to amend certain sections of the City's ordinances in order
to provide for consistency with the franchise agreement; and
WHEREAS, the City grants non-exclusive franchises for the collection, by roll-off
containers, of construction and demolition debris; and
WHEREAS, the City desires to include definitions, and to establish requirements for, and
provisions for granting, non-exclusive franchises for construction and demolition debris roll-off
container service; and
WHEREAS, the City desires to provide regulations for pre-collection, collection and
disposition of construction and demolition debris in roll-off containers and to establish rates and
fees for such service, and to provide for enforcement of such provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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Section 1. That Chapter 51, "Garbage and Trash", is amended by amending
subsection 51.01, "Definitions", to read as follows:
Sec. 51.01. DEFINITIONS.
To the extent the definitions contained herein conflict with similaz definitions contained in any
Federal, State or local law, the definition herein shall prevail.
Biohazardous or biomedical wastes shall mean any solid waste or liquid waste which may cause
disease or reasonably be suspected of hazboring pathogenic organisms, included [including], but
not limited to, waste resulting from the operation of medical clinics, hospitals, and other facilities
producing wastes which may consist of, but are not limited to, diseased human and animal parts,
contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and
surgical gloves.
Biological waste. Solid waste that causes or has the capability of causing disease or infection
and includes, but is not limited to, biohazazdous waste, diseased or dead animals, and other waste
capable of transmitting pathogens to humans or animals.
Bulk trash. Any nonvegetative item which cannot be containerized, bagged or bundled
including, but not limited to, inoperative and discazded refrigerators, ranges, toilets, pool heaters,
water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other
similar appliances, household goods, furniture, lazge boxes, barrels and crates, and shall not be
commingled with vegetative waste or any other type of refuse.
C&D Debris Service Provider. Shall mean a licensed company authorized by the City to remove
construction and demolition debris.
City. The City of Delray Beach, Florida, or the City's authorized agents or contractors.
City Manager. The City Manager of the City of Delray Beach or his/her designee.
Collection: The process whereby solid waste, gazbage, trash, bulk trash, vegetative waste or
recyclable material is removed and transported to a designated facility.
Commercial trash. Any and all accumulations of paper, rags, excelsior or other packing
materials, wood, paper or cazdboazd boxes or containers, sweepings, and any other accumulation
not included under the definition of garbage, generated by the operation of stores, offices, and
other business places. Commercial trash shall include furniture if properly containerized.
Commercial trash shall not include special waste.
2 ORD N0.31-08
Construction and demolition debris. Materials generally considered to be not water soluble and
nonhazazdous in nature, including, but not limited to, steel, glass, brick, concrete, roofing
material, pipe, gypsum wallboazd, and lumber from the construction or destruction of a stntcture
. Mixine of a de minimis amount of waste other
than C&D debris from a construction site will not exclude such mixed solid waste from
classification as C&D debris under this definition.
Contract Administrator. Shall mean the person designated by the City who shall act as the
Citv's representative under this ordinance.
Contractor or vendor. T'~^°^-'~^ ~'°-°~° T~a••°'-~°° ^P T:'^-~a^ T~^ Waste Management Inc. of
Florida.
Department. The Florida Department of Environmental Protection.
Designated facility. A disposal processing, recovery, recycling or transfer facility designated by
the Solid Waste Authority or the City Manager.
Disposal costs. The "tipping fees" or landfill costs charged to the Contractor by others for
disposal of the waste collected by the Contractor.
Dwelling unit. One or more rooms connected together, designated to be occupied by one family,
constituting a sepazate, independent housekeeping establishment and physically sepazated from
any other dwelling unit which may be in the same structure and which contains independent
sanitation, living, cooking and sleeping facilities.
Garbage. All putrescible waste which generally includes but is not limited to kitchen and table
food waste, animal, vegetative, food or any organic waste that is attendant with or results from
the storage, prepazation, cooking or handling of food materials whether attributed to residential
or commercial activities. Gazbage shall not include any material that falls within the definition of
special waste.
Garbage receptacle. Any commonly available light-gauge steel, plastic or galvanized receptacle
of a nonabsorbent material, closed at one end and open at the other, furnished with a closely
fitted top or lid and handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag
designed for use as a garbage receptacle. Gazbage receptacles or waste materials shall not exceed
fifty (50) gallons in capacity or fifty (50) pounds in weight. Rollout containers provided by the
City maybe thirty-two (32), sixty-eight (68), or ninety-five-gallon-size containers.
ORD N0.31-08
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Hazardous waste. Solid waste as defined by the State of Florida Department of Environmental
Regulation [Protection] as a hazardous waste in the State of Florida Administrative Code, or by
any future legislative action or by Federal, State or local law.
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Litter. See Chapter 98 of the Code of Ordinances of the City of Delray Beach.
Loading and unloading area. Any loading or unloading space or area used by any moving
vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities, and
persons.
Loose refuse. Any refuse, either gazbage or household trash, stored in and collected from any
type of container other than a mechanical container or garbage receptacle related to multiple-
family dwellings or the designated facility. Refuse that is collected from the ground is considered
loose refuse.
Mechanical container. Any detachable metal or plastic container designed or intended to
be mechanically dumped into aloader-packer type of gazbage truck used by the contractor and
includes any motorized or electrical compactor of ten (10) yards capacity or less. Mechanical
containers may be constructed of plastic. Further, all mechanical containers must be uniform in
color, have closeable lids, and be free of any advertising or other information other than an eight
and one-half (8 1/2) by eleven-inch sticker with the name, address and telephone number of the
Contractor.
Multiple dwelling units. Any building containing five (5) or more permanent living units, not
including motels and hotels.
Parking lots. Commercial and public lots designed for the parking of any vehicles with the
exception of residential pazking.
Person. Any natural person, owner, agent, corporation, partnership, association, firm, receiver,
guazdian, trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or representative or
group of individuals or entities of any kind.
Premises. Lots, sidewalks, alleys, rights-of--way, grass strips, and curbs up to the edge of the
pavement of any public thoroughfare.
4 ORD N0.31-08
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Private property. Property owned by any person as defined in this Section, including, but not
limited to, yazds, grounds, driveways, entrance or passageways, parking areas, storage azeas,
vacant land, or body of water. For the purpose of this Chapter, "private property" owners are
required to maintain rights-of--way up to the edge of the pavement of any public thoroughfare.
Public property. Any area that is used or held out to be used by the public, whether owned or
operated by a public interest, including, but not limited to, highways, streets, alleys, pazks,
recreation azeas, sidewalks, grass strips, medians, curbs, or rights-of--way up
to the edge of the pavement of any public thoroughfare or body of water.
Recyclable materials. *1°~°°°°«°-° ':«nl..a:~° °°~'°` n «a n°'nl..°° nl....,:~,.-~
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Shall be the same as defined in
Chanter 403 of the Florida Statutes.
Recycling. ,
. Shall be the same as defined in Chapter 403 of the Florida Statutes.
Refuse. Commercial trash, household trash and gazbage or a combination of mixture of
commercial trash, household trash and gazbage, including paper, glass, metal and other discarded
matter, excluding commercial recyclable materials.
Residential do-it yourself projects. Minor residential repairs done exclusively by the
homeowner.
Residential service. The refuse, recycling and vegetative waste collection service provided to
persons occupying residential dwelling units within the City who aze not receiving commercial
or multifamily services. This would include single-family homes, duplexes, triplexes,
quadplexes and mobile homes.
Roll-off collection service.
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. Roll-off collection service shall also mean the collection of
horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the
customer chooses to use open top roll-off containers for horticultural or agricultural waste, and
horticultural and agricultural waste shall not include any other type of waste, including, but not
limited to, special waste, garbage or recyclable materials.
ORD N0.31-08
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Roll-out carts. Carts that are either athirty-two (32), sixty-eight (68), or ninety-five-gallon
(approximate) wheeled container of a type approved by the City Manager or his designee, and
shall be equipped with wheels and a lid.
Sludge. The accumulated solids, residues and precipitates generated as a result of waste
treatment or processing, including wastewater treatment, water supply treatment, or operation of
an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease
traps, privies, or similar waste disposal appurtenances.
Special waste. Solid or liquid wastes that require special handling and management, which aze
not accepted at a landfill or other disposal facility or which aze accepted at a landfill or other
disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos,
whole tires, automobiles, boats internal combustion engines, nonautomobile tires, sludge, dead
animals, septic tank waste, hazazdous waste, used oil, lead-acid batteries, and biohazazdous or
biomedical wastes.
Trash. All refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers,
sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than
garbage, which are usual to housekeeping and to the operation of stores, offices and other
business places, but shall not include vegetative waste.
Vegetative waste. Any vegetative matter resulting from yard and landscaping maintenance and
shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas
trees, tree branches and similar other matter usually produced as refuse in the care of lawns,
landscaping and yards. All grass clippings, leaves, pine needles, and similaz small loose items
must be bagged or containerized. Vegetative waste, except palm fronds, must be no more than
six (6) feet in length and no single item shall weigh more than fifty (50) pounds. Natural
Christmas trees shall be considered vegetative waste and will be collected if they are not more
than eight (8) feet in length and weight less than fifty (50) pounds. Vegetative waste does not
include any form of matter or debris resulting from land clearing or land development.
Section 2. That Chapter 51, "Garbage and Trash", is amended by amending
subsection 51.15, "Refuse Collection Reserved Exclusively in City or its Contractors", to read as
follows:
Sec. 51.15. REFUSE COLLECTION RESERVED EXCLUSIVELY IN CITY OR ITS
CONTRACTORS.
ORD NO.31-08
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The governmental function of collection, removal and disposition of all roll-off containers,
excluding roll-off containers used for construction and demolition debris, and refuse within the
municipal limits of the City is exclusively vested in the municipal government of the City or its
contractors, and all other individuals, persons, firms or corporations are specifically and
expressly prohibited from engaging in that practice or business within the corporate limits of the
City and from utilizing the publicly dedicated streets, alleys and other thoroughfares for those
purposes
Section 3. That Chapter 51, "Garbage and Trash", is amended by deleting subsection
51.16, "Exceptions in Certain Areas and for Certain Types of Collection Services":
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Section 4. That Chapter 51, "Garbage and Trash", is amended by amending
subsection 51.19, "Industrial and Hazardous Waste Disposal", to read as follows:
Sec. 51.19. HAZARDOUS WASTE DISPOSAL.
(A) Any persons, businesses or other entities generating indxsk-ial-axd hazardous wastes
shall not be served in the normal manner set forth in this Chapter. All ~ hazardous
wastes may be collected by the City or its contractor if both the owner and the Citv agree enly
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this shall not preclude another qualified industrial or hazardous waste disposal company from
collecting the industrial or hazardous waste.
ORD N0.31-08
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Section 5. That Chapter 51, "Gazbage and Trash", is amended by amending
subsection 51.20, "Building Materials", to read as follows:
Sec. 51.20. BUILDING MATERIALS.
(A) Building materials originating prior to, during, or subsequent to the construction of new
buildings, alterations or additions to existing buildings of whatsoever type or from demolition of
existing structures will not be collected under the City's residential service. Removal of these
building materials is the responsibility of the building contractor or installer and if a roll-off
container is used it must be obtained in accordance with Section 51.45 of the Code of
Ordinances.
(B) Building materials resulting from minor homeowner repairs (residential do-it-yourself
projects) which meet the requirements for trash collection must be bundled, bagged or boxed and
will be collected at curbside. Discazded lumber pieces must be no longer than four (4) feet
without nails. Larger materials may be picked up by special request at an additional chazge from
the contractor.
Section 6. That Chapter 51, "Garbage and Trash", is amended by amending
subsection 51.35, "Containers Required for Residential and Commercial Sites", to read as
follows:
Sec. 51.35. CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL
SITES.
Except as otherwise provided for herein or due to the type of gazbage and trash service
designated by the City for the subject property, the owner of any real property in or from which
litter is accumulated or produced must provide suitable receptacles and containers. These
containers must be kept in an accessible location for collection and must be capable of holding
all waste materials which would ordinarily accumulate between the times of successive
collections. All containers and receptacles as required shall be of safe construction and design
and shall be maintained in good serviceable condition at all times. Any receptacles or containers
which do not conform to the provisions of this Chapter, or which have ragged or sharp edges or
any other defects likely to hamper or injure the person collecting the contents thereof or the
public generally, shall be promptly replaced upon notice. The City Manager, or his/her designee,
shall determine the quantity and location of receptacles and determine whether the receptacles
and containers aze serviceable.
Section 7. That Chapter 51, "Gazbage and Trash", is amended by deleting subsection
51.37, "Use of Other Units and Containers":
8 ORD N0.31-08
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Section 8. That Chapter 51, "Garbage and Trash", is amended by amending
subsection 51.45, "Construction and Demolition Sites", to read as follows:
Sec. 51.45. CONSTRUCTION AND DEMOLITION SITES AND COLLECTION OF
CONSTRUCTION AND DEMOLITION DEBRIS.
It shall be unlawful for any construction or demolition contractor to fail to provide
onsite suitable receptacles, bulk containers or detachable containers for loose debris, paper,
building material waste, scrap building material and other trash produced by those working on
the site. All material shall be containerized by the end of each day, and the site shall be kept in a
reasonably clean and litter-free condition. The number of receptacles, bulk containers or
detachable containers shall be determined by the City Manager or his/her designee. Construction
sites shall be kept reasonably clean and orderly at all times. When roll-off containers aze used it
shall be in accordance with Subsection (Bl of this Section. '
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EnQaeine in business of Construction and Demolition (C&DI debris collection
and disposal; issuance ofnon-exclusive franchise agreement to C&D Debris Service Providers.
(~ No person, firm or corooration shall place and/or service roll-off containers for
the collection and transport of C&D debris in the City without first anolving for and receiving a
non-exclusive franchise from the Citv to cam on such a business. The nonexclusive franchise
required by this section shall be in addition to anv business tax and. other license(sl which
otherwise maybe required by law
(2) It shall be unlawful for anv C&D Debris Service Provider to provide roll off
container service to anv orooerty located within the coroorate limits of the City except between
the hours of 6:00 a.m. to 6:00 n.m. Monday - Fridav. and 7:00 a.m. to 6:00 p.m. on Saturday.
ORD NO.31-08
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(3) No franchise 8ranted pursuant to this section shall be deemed the propertv of the
holder thereof.
The Citv reserves the power to revoke all franchises granted pursuant to this
section, to chance or limit the ri is granted or to otherwise modify such franchises, in its sole
discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking
propertv, or an impairment of contract or right of any franchisee. It is the express intention of
this section to reserve unto the Citespower, in its sole discretion, to alter the methods of C&D
debris collection and disposal employed in the Citv. and the manner in which C&D debris
services may be provided within the City.
The franchise(> shall be granted only after the applicant for the franchise has
filed with the Community Improvement Department an application and such other
documentation as may reasonably be required to establish that the applicant meets all of the
re~c uirements delineated in this section.
Franchise period. No franchise shall be issued for more than 1 year, and all
franchises shall expire on September 30 of each year. Application for renewal is reauired on or
before September 30.
Franchise fees. For each franchise granted on or between October 1 and March 31
of an~vear, the full franchise fee as specified herein, for one year shall be paid.
For each franchise granted on or between April 1 and June 30, one-half of the full fee for one
year shall be paid. For each franchise granted on or between Julv 1 and September 30, one-fourth
of the full amount for one year shall be paid. Upon payment of the applicable fee and approval of
the application for a franchise (or renewal), the City will enter into a franchise agreement, in a
form acceptable to the City. which franchise shall expire at the end of the period for which such
franchise is granted as hereinabove specified. It shall be no defense of nonpayment of the
franchise fee that a franchisee has not received any bill or notice from the Citv. The franchise
fees are as follows:
Annual Permit Fee - $3000.00
Application Fee - $1000.00
Franchise Activity Fee - 10% of gross revenue from C&D collection (to be paid
month)
(8) Applications for anon-exclusive franchise (or renewal) shall be made to the City
upon such form and in such manner as shall be prescribed by the Community Improvement
Director to elicit the following information and to be accompanied by supporting documents and
such other information as may be reauired by the City:
10 ORD N0.31-08
a. Name of applicant. If the applicant is a legal entity. the names and business
addresses 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. Qualifications of applicant. The applicant for a franchise under this section, if an
individual, or in the case of a legal entity, any person having any financial, controlling or
managerial interest therein, shall provide the following information, which shall be the submitted
by the applicant:
i. Performance history. The names and telephone numbers of the contact persons in
other communities or agencies who can provide information about the applicant's past
performance.
ii. Business history. Whether such applicant has operated a C&D debris roll off
container service business under a franchise, permit or license, and if so, where, when, and
whether such franchise, permit or license has ever been revoked or suspended and the reasons
therefor.
iii. Existence of business entity. If the applicant is a legal entity, applicant hall submit
proof of good standing in the state of organization and, if a foreign legal entity, applicant shall
provide information certifying that applicant is qualified to do business in the State of Florida. 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. Equipment and method of operation. The applicant for a franchise shall possess
equipment capable of providing safe and efficient service. In making such a determination and
approving the method of operation for each applicant, the City shall require the following
information:
i. The type, description, and estimated number of all equipment to be used by the
applicant for providing service.
ii. The number of employees to be used in providine services.
iii. A sworn and notarized statement that the applicant will use only disposal sites
approved by the appropriate County/State/Federal reaulatorv agencies for disposing of all C&D
debris.
d. Insurance and bonding requirements.
11 ORD N0.31-08
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i. The applicant for a franchise shall be required to maintain at all times, and provide
appropriate certificates of insurance to the City for, a commercial general liability insurance
policy to cover liability for damages because of bodily injury to any person or persons, and to
cover liability damage of property of any person arising from of in connection with C&D debris
roll-off container service within the City in the amounts as follows:
Worker's Compensation Insurance: Worker's Compensation coverage must be maintained in
accordance with statutory requirements as well as Employer's Liability Coverage in an amount
not less than $100,000.00 per each accident, $100,000.00 by disease and $500,000.00 aggregate
by disease.
Liability Insurance: The applicant shall, during the term of this Agreement, and any extensions
hereof maintain in full force and effect commercial general liability insurance policy and
automobile liability insurance policy, which specifically covers all exposures incident to the
applicant's operations under this contract. Such insurance shall be with a company acceptable to
the City and eachpolicy shall be in an amount of not less than $1,000,000.00 Combined Single
Limit for personal bodily iniurv, including death, and property damage liability and the eg Hera)
liability shall include but not be limited to coverage for Premises/Operations,
Products/Completed Operations, Contractual, to support the applicant's agreement or indemnity
and Fire Legal Liability. In addition to the above liability limits, the applicant shall maintain a
$5,000,000.00 umbrella and/or excess liability coverage. Policy(ies) shall be endorsed to show
the City. a municipal corooration in the State of Florida, as an additional insured as its interests
ma~appeaz: and shall also provide that insurance shall not be canceled, limited or non-renewed
until after thirty (301 days' written notice has been given to the City. Current certificates of
insurance evidencing reauired coverage must be on file with the City at all times.
ii. Cash or a letter of credit in an amount of $15,000.00 for the first year of the franchise
issuance. In subsequent veazs the amount shall be equal to the applicant's previous 12-month
franchise fee(s) paid to the City or $15,000.00, whichever is greater, as security for any fee(s)
due to the City under the franchise agreement(s) conditioned upon the compliance of the terms of
this section in such form as acceptable to the Citv Attomey.
e. Application form. Each application for a franchise (or renewal) shall be made on a
standazd form promulgated by the Community Improvement Deparhnent and shall include an
affirmation that the applicant shall comply with the requirements of this section and any
agreements entered into between the Citv and the applicant.
(9) Review and issuance. The completed application along with the appropriate fee(s)
shall be submitted to the Citv. Upon receipt of a completed application and fee(s), the
Community Improvement Director shall provide for the review of said application and the Citv
shall either grant or deny the application (or renewal).
12 ORD N0.31-08
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(10) Denial of application. The Citv shall have the discretion to deny anv application for
a non-exclusive franchise (or renewal) under anv of the following circumstances:
a. Failure to comply with any of the requirements of this section and/or any agreements
thereto;
b. Evidence that the applicant's franchise with the Citv was previously terminated within
5 veazs prior to the date of the arorolication;
c. Evidence that the applicant previously operated a C&D debris roll off container
service in the City without holding a valid franchise after the effective date of this section; or
d. A finding that the applicant lacks sufficient exroerience, equipment, staff, or disposal
plan to safely comply with the requirements of this section and/or the franchise agreement.
In the event the Communit~provement Director denies an application for a franchise, the
applicant shall be notified, by certified mail, of the denial and the reasons for the denial.
(11) Appeal from the Community Improvement Director of the denial of a franchise (or
renewal .
a. The denial of a franchise (or renewal~by the Community Improvement Director
may be appealed to the Citv Manager. The applicant shall pav the appeal fee of five hundred
f $500.00) dollazs and the appeal shall be filed in writing with the Citv Manager no later than 14
davs after the mailing of the certified letter advising the applicant of the denial.
b. The Citv Manager shall either affirm the decision of the Community
Improvement Director or issue the franchise (or renewal). A decision of the Citv Manager to
affirm the decision of the Community Improvement Director shall be final.
(12) Identification of a ui ment. All eauipment utilized to collect and transport C&D
debris in the City must be conspicuously mazked on both sides of the automotive unit with the
name of the franchisee, and roll-off containers shall be conspicuously mazked with the name of
the franchisee, taze weight and cubic yazd capacity. All markings must be in letters and numerals
at least two inches in height. All containers shall display the City's franchise sticker rorovided by
the Citv at the issuance of a franchise. This sticker shall be in a position to be seen from the
abutting street at all times.
(13) Placement and maintenance of containers. Roll off containers may only be placed,
or allowed to remain, on a property for which a building_permit has been issued, has not expired,
aerations shall be conducted, in compliance with Chapter 51 of the Code of Ordinances. The
City in its discretion may require a change in the location of, or replacement of, a container if it
becomes an unsi hq_tiv nuisance, causes a code violation to occur, poses a threat to the
13 ORD N0.31-08
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surrounding environment, threatens the health and/or safety of the Citespopulation, or becomes
unsanitary and/or inoperable.
(14) Information required of franchisees.
a. Monthly filings. Within ten days from the first day of each month, franchisees
shall deliver to the City a true and correct monthly report of gross receipts generated during the
previous month from accounts within the City. This detailed monthly report shall include the
customer names. service addresses, account numbers and the actual amount billed to each
customer
b. Annual filings. Franchisees shall, on or before November 1 of every veaz, upon
request deliver to the City a statement reflecting annual gross receipts generated from accounts
within the corporate limits of the Citv. compiled by an independent certified public accountant,
for the preceding October 1 throu h September 30. This report shall include the customer names
service addresses, account numbers and the actual amount billed to each customer.
c. Audit of records. By acceptance of a franchise and in consideration of the receipt
thereof the franchisee shall make available, within three business days after notice, all records of
the franchisee which pertain to any container placed within the City. including but not limited to
contracts trip tickets invoices state and federal tax returns and any documents supporting the
information compiled within the supplemental filings required by subsections (al and (bl above
for inspection and auditing by the City. This information shall include, but not be limited to,
copies of the following• billing rates billing amounts and accounts receivable. Additionally, the
City's auditors may communicate directly with customers of the franchisee for the purpose of
confirming compliance with this section. In the event any audit reveals that a franchisee has
failed to Qay the full franchise fee the franchisee shall Qav a franchise fee of three (31 times the
original amount due Additionally the franchisee shall reimburse the City for all expenses
incurred by the City pursuant to this pazagraph including audit costs court costs and reasonable
attorneys' fees.
d. Change in required information. Each franchisee shall file any change in
information which is required to be submitted to the City by filing the changed information with
the Community Improvement Director.
(15) Any and all solid waste material collected by a franchisee within the Citv shall be
disposed of only at disposal sites approved by the appropriate County/State/Federal regulatory
agencies. Recycling of such solid waste material is encouraged by the City.
(16) All franchisees shall comply with the provisions of this section. The Citv may use
the reports required in this section and other information available to determine compliance of
franchisees.
14 ORD N0.31-08
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(17) All franchises shall pay a monthly non-exclusive franchise activity fee as
specified by this section based on a percentage of the franchisee's total gross revenue for the
precedine month for all chazges for service including_charees for furnishing containers, disposal
costs and charges for transport of containers.
(18) Revocation and suspension of non-exclusive franchise. The Community
T~rovement Director may. in his/her discretion, revoke or suspend anon-exclusive franchise
pursuant to the following:
a. The Community Improvement Director shall provide the franchisee with written
notice reasonably specifying the reason(s) for the proposed revocation or suspension of the
franchise and the franchisee shall be afforded five business days to cure the violation stated in
such notice.
b. The violation of any of the provisions of this section and/or of an~ereement
between the City and franchisee shall be cause for revocation or suspension of a franchise.
c. In the event the franchisee fails to cure the violation within five business days, the
Community Improvement Director may revoke or suspend a franchise and may immediately
declare such franchise null and void, and upon such revocation or suspension, franchisee shall
immediately cease all operations and shall be considered to have forfeited said franchise and any
ri is acquired thereunder The franchisee shall remove all C&D debris roll-off containers within
ten business days after the mailing of notice of revocation or suspension. In the event all C&D
debris roll-off containers aze not removed within ten business days after the mailinu of notice of
revocation or suspension (il the cash or letter of credit funds posted pursuant to this section shall
be forfeited• and (iil the Citv shall order the property owner or general contractor to remove
same within 5 business days. In the event the property owner or the eeneral contractor fails to
remove same within 5 business days such failure shall constitute a violation of this section.
19 Appeal from the Community Improvement Director of the revocation or suspension
of franchise.
a The revocation or suspension of a franchise by the Community Improvement Director
may be appealed to the Citv Manager The applicant shall kay an appeal fee of five hundred
0500 00) dollazs and the appeal shall be filed in writing with the Citv Manager no later than 14
days after the mailing of the certified letter advising the applicant of the revocation or
suspension.
b The Citv Manager shall either affirm the decision of the Community Improvement
Director or direct the Community hnprovment Director to reinstate the franchise. The decision of
the City Manager shall be final. (20) No Assignment or Transfer. No applicant shall be allowed
to assign or transfer anon-exclusive franchise permit to collect C&D in the City without first
obtaining the City's written consent.
15 ORD N0.31-08
~~
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(21) Violation.
a. Persons with an interest in ~roHerty. It shall be a violation for anyperson to permit
collection of C&D debris by anv non-franchised C&D debris service providers from any pazcel
of land owned or leased bv. or in the control of, such person .
b. General contractors. It shall be a violation for any eeneral contractor to permit
collection of C&D debris by any non-franchised C&D debris service Hroviders from an~pazcel
of land which the Qeneral contractor holds a buildine Hermit.
Section 9. That should any section or provision of this ordinance or any portion
thereof, any pazagraph, sentence, or word be declazed by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declazed to be invalid.
Section 10. That all ordinances or parts of ordinances in conflict herewith be, and the
same aze hereby repealed.
Section 11. That this ordinance shall become effective on October 1, 2008.
PASSED AND ADOPTED in regulaz session on second and final reading on this the 5`h
day of August, 2008.
ATTEST:
City Clerk
First Reading ~ ~5
Second Reading ~ 5 ~~
~~~,~~ ~~
MAYOR
16 ORD N0.31-08
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Lula Butler, Director, Community Improvement
THROUGH: David Harden, City Manager
DATE: July 11, 2008
SUBJECT: AGENDA ITEM 12 B -REGULAR COMMISSION MEETING OF JULY 15.2008
ORDINANCE 31-08
ITEM BEFORE COMMISSION
City Commission consideration of Ordinance No. 31-08 amending Chapter 51, "Garbage and Trash" of
the Code of Ordinances, to include definitions and to establish requirements and provisions for granting
non-exclusive franchises for construction and demolition debris roll-off container service.
BACKGROUND
At the regular meeting of July 1, 2008, the City Commission approved Amendment #3, which extended
the franchise agreement between the City and Waste Management to provide for the collection of
garbage, trash and recycling services, with a provision for anon-exclusive collection of construction
and demolition (C&D) debris. The amendment extends the agreement another five (5) years effective
October 1, 2008 through September 30, 2013. The amendments proposed for Chapter 51 provide for
consistency with the revised franchise agreement. Staff has summarized, in this transmittal
memorandum, the amendments under Section 51.45, which provide for the non-exclusive collections of
C&D, performance standazds governing such collections, the application process, the rates and fees for
such service and the enforcement of these provisions. A summary of the non-exclusive collection
procedures are as follows:
Provides for an application and requirements for approval, performance standazds and the
requirement to enter into a franchise agreement with the City.
Established the franchise period as one (1) year, expiring on September 30th of each
year. Application for renewal is due on or before September 30~' of each year.
Establishes franchise fees as:
. $3,000 -Annual Franchise Fee - (may be pro-rated based on the date of the approved
franchise agreement as described within the ordinance)
. $1,000 -Application Fee
. 10% of gross revenue from C&D collection to be paid monthly
. Cash or Letter of Credit in the amount of $15,000 for the first year of the franchise issuance
. $500 -Appeal Fee for the denial of an application or renewal franchise agreement
. Monthly and Annual filing requirements
. Audit Requirements
Staff is recommending City Commission approval of Ordinance 31-08 on first reading.
ORDINANCE N0.31-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51,
"GARBAGE AND TRASH" OF THE CODE OF ORDINANCES BY
AMENDING SECTION 51.01, "DEFINITIONS", SECTION 51.15,
"REFUSE COLLECTION RESERVED EXCLUSIVELY IN CITY OR
ITS CONTRACTORS", SECTION 51.16, "EXCEPTIONS IN CERTAIN
AREAS AND FOR CERTAIN TYPES OF COLLECTION SERVICES",
SECTION 51.19, "INDUSTRIAL AND HAZARDOUS WASTE
DISPOSAL", SECTION 51.20, "BUILDING MATERIALS", SECTION
51.35, "CONTAINERS REQUIRED FOR RESIDENTIAL AND
COMMERCIAL SITES", SECTION 51.37, "USE OF OTHER UNITS
AND CONTAINERS", TO CLARIFY CERTAIN DEFINITIONS AND
TERMS REGARDING RECYCLING AND ROLL-OFF CONTAINERS
TO PROVIDE THAT THEY ARE CONSISTENT WITH STATE LAW
AND THE CITY'S FRANCHISE AGREEMENT; AMENDING
SECTION 51.45, "CONSTRUCTION AND DEMOLITION SITES", TO
PROVIDE FOR THE NON-EXCLUSIVE COLLECTION OF
CONSTRUCTION AND DEMOLITION DEBRIS AND TO PROVIDE
FOR REGULATIONS GOVERNING SUCH COLLECTION;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City has an exclusive franchise agreement with Waste
Management for the collection of solid waste in the City; and
WHEREAS, the City desires to amend certain sections of the City's ordinances in
order to provide for consistency with the franchise agreement; and
WHEREAS, the City grants non-exclusive franchises for the collection, by roll-
offcontainers, of construction and demolition debris; and
WHEREAS, the City desires to include definitions, and to establish requirements
for, and provisions for granting, non-exclusive franchises for construction and demolition
debris roll-off container service; and
WHEREAS, the City desires to provide regulations for pre-collection, collection
and disposition of construction and demolition debris in roll-off containers and to
establish rates and fees for such service, and to provide for enforcement of such
provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 51, "Garbage and Trash", is amended by
amending subsection 51.01, "Definitions", to read as follows
Sec. 51.01. DEFINITIONS.
To the extent the definitions contained herein conflict with similar definitions contained
in any Federal, State or local law, the definition herein shall prevail.
Boohazardous or biomedical wastes shall mean any solid waste or liquid waste which
may cause disease or reasonably be suspected of harboring pathogenic organisms,
included [including], but not limited to, waste resulting from the operation of medical
clinics, hospitals, and other facilities producing wastes which may consist of, but are not
limited to, diseased human and animal parts, contaminated bandages, pathological
specimens, hypodermic needles, contaminated clothing and surgical gloves.
Biological waste. Solid waste that causes or has the capability of causing disease or
infection and includes, but is not limited to, binhazardous waste, diseased or dead
animals, and other waste capable of transmitting pathogens to humans or animals.
Bulk trash. Any nonvegetative item which cannot be containerized, bagged or bundled
including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, pool
heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles,
and other similar appliances, household goods, fumiture, large boxes, barrels and crates,
and shall not be commingled with vegetative waste or any other type of refuse.
C&D Debris Service Provider. Shall mean a licensed companv authorized by the City to
remove construction and demolition debris.
City. The City of Delray Beach, Florida, or the City's authorized agents or contractors.
City Manager. The City Manager of the City of Delray Beach or his/her designee.
Collection: The process whereby solid waste, garbage, trash, bulk trash, vegetative waste
or recyclable material is removed and transported to a designated facility.
Commercial trash. Any and all accumulations of paper, rags, excelsior or other packing
materials, wood, paper or cardboard boxes or containers, sweepings, and any other
accumulation not included under the definition of garbage, generated by the operation of
stores, offices, and other business places. Commercial trash shall include furniture if
properly containerized. Commercial trash shall not include special waste.
Construction and demolition debris. Materials generally considered to be not water
soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick,
concrete, roofing material, pipe, gypsum wallboard, and lumber from the construction or
destruction of a structure .Mixing of a de
minimis amount of waste other than C&D debris from a construction site will not exclude
such mixed solid waste from classification as C&D debris under this definition.
2 ORD NO. 31-08
Contract Administrator. Shall mean the person designated by the City who shall act as
the Citv's representative underthis ordinance.
Contractor or vendor. u_°••-~°° °°--~° '°a°^'"'°^ ^'' L'1^''''' r^^ Waste Mana eg ment
Inc. of Florida
Department. The Florida Department of Environmental Protection.
Designated facility. A disposal processing, recovery, recycling or transfer facility
designated by the Solid Waste Authority or the City Manager.
Disposal costs. The "tipping fees" or landfill costs charged to the Contractor by others
for disposal of the waste collected by the Contractor.
Dwelling'unit. One or more rooms connected together, designated to be occupied by one
family, constituting a separate, independent housekeeping establishment and physically
separated from any other dwelling unit which may be in the same structure and which
contains independent sanitation, living, cooking and sleeping facilities.
Garbage. All putrescible waste which generally includes but is not limited to kitchen and
table food waste, animal, vegetative, food or any organic waste that is attendant with or
results from the storage, preparation, cooking or handling of food materials whether
attributed to residential or commercial activities. Garbage shall not include any material
that falls within the definition of special waste.
Garbage receptacle. Any commonly available light-gauge steel, plastic or galvanized
receptacle of a nonabsorbent material, closed at one end and open at the other, furnished
with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty,
securely tied, plastic bag designed for use as a garbage receptacle. Garbage receptacles or
waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in
weight. Rollout containers provided by the City may be thirty-two (32), sixty-eight (68),
orninety-five-gallon-size containers.
Hazardous waste. Solid waste as defined by the State of Florida Department of
Environmental Regulation [Protection] as a hazardous waste in the State of Florida
Administrative Code, or by any future legislative action or by Federal, State or local law.
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Litter. See Chapter 98 of the Code of Ordinances of the City of Delray Beach
ORD NO. 31-08
Loading and unloading area. Any loading or unloading space or area used by any
moving vehicle for the purpose of receiving, shipping, and transporting goods, wares,
commodities, and persons.
Loose refuse. Any refuse, either garbage or household trash, stored in and collected from
any type of container other than a mechanical container or garbage receptacle related to
multiple-family dwellings or the designated facility. Refuse that is collected from the
ground is considered loose refuse.
Mechanical container. Any detachable metal or plastic container designed or intended to
be mechanically dumped into aloader-packer type of garbage truck used by the
contractor and includes any motorized or electrical compactor of ten (10) yards capacity
or less. Mechanical containers may be constructed of plastic. Further, all mechanical
containers must be uniform in color, have closeable lids, and be free of any advertising or
other information other than an eight and one-half (8 1/2) by eleven-inch sticker with the
name, address and telephone number of the Contractor.
Multiple dwelling units. Any building contgining five (5) or more permanent living units,
not including motels and hotels.
Parking lots. Commercial and public lots designed for the parking of any vehicles with
the exception of residential parking.
Person. Any natural person, owner, agent, corporation, partnership, association, firm,
receiver, guardian, trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or
representative or group of individuals or entities of any kind.
Premises. Lots, sidewalks, alleys, rights-of--way, grass strips, and curbs up to the edge of
the pavement of any public thoroughfare.
Private property. Property owned by any person as defined in this Section, including, but
not limited to, yards, grounds, driveways, entrance or passageways, parking areas,
storage areas, vacant land, or body of water. For the purpose of this Chapter, "private
property" owners are required to maintain rights-of--way up to the edge of the pavement
of any public thoroughfare.
Public property. Any area that is used or held out to be used by the public, whether
owned or operated by a public interest, including, but not limited to, highways, streets,
alleys, pazks, recreation areas, sidewalks, grass strips, medians, curbs, or rights-of--way up
to the edge of the pavement of any public thoroughfare or body of water.
Recyclable materials. T`' r r : 1 "' a %~ a `' "~"1 ~_"~
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4 ORD NO. 31-08
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°°,.~- Shall be the same as defined in Chapter 403 of the Florida Statutes.
Recycling. ,
---°«°-~^'° ^- --^a°^'^. Shall be the same as defined in Chapter 403 of the Florida
Statutes.
Refuse. Commercial trash, household trash and garbage or a combination of mixture of
commercial trash, household trash and garbage, including paper, glass, metal and other
discarded matter, excluding commercial recyclable materials.
Residential do-it yourself projects. Minor residential repairs done exclusively by the
homeowner.
Residential service. The refuse, recycling and vegetative waste collection service
provided to persons occupying residential dwelling units within the City who are not
receiving commercial or multifamily services. This would include single-family homes,
duplexes, triplexes, quadplexes and mobile homes.
Roll-off collection service.
> °
. Roll-off collection service shall
else mean the collection of horticultural or agricultural wastes at horticultural or
agricultural nurseries, but only when the customer chooses to use open top roll-off
containers for horticultural or agricultural waste, and horticultural and agricultural waste
shall not include any other type of waste, including, but not limited to, special waste,
garbage or recyclable materials.
Roll-out carts. Carts that are either athirty-two (32), sixty-eight (68), or ninety-five-
gallon (approximate) wheeled container of a type approved by the City Manager or his
designee, and shall be equipped with wheels and a lid.
Sludge. The accumulated solids, residues and precipitates generated as a result of waste
treatment or processing, including wastewater treatment, water supply treatment, or
operation of an air pollution control facility, and mixed liquids and solids pumped from
septic tanks, grease traps, privies, or similar waste disposal appurtenances.
Special waste. Solid or liquid wastes that require special handling and management,
which are not accepted at a landfill or other disposal facility or which are accepted at a
landfill or other disposal facility at higher rates than is charged for refuse, including, but
not limited to, asbestos, whole tires, automobiles, boats internal combustion engines,
nonautomobile tires, sludge, dead animals, septic tank waste, hazardous waste, used oil,
lead-acid batteries, and biohazardous or biomedical wastes.
ORD NO. 31-08
Trash. All refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and
containers, sweepings, broken toys, tools, utensils, and all other accumulations of a
similar nature other than garbage, which are usual to housekeeping and to the operation
of stores, offices and other business places, but shall not include vegetative waste.
Vegetative waste. Any vegetative matter resulting from yard and landscaping
maintenance and shall include materials such as tree and shrub materials, grass clippings,
palm fronds, Christmas trees, tree branches and similar other matter usually produced as
refuse in the care of lawns, landscaping and yards. All grass clippings, leaves, pine
needles, and similar small loose items must be bagged or containerized. Vegetative
waste, except palm fronds, must be no more than six (6) feet in length and no single item
shall weigh more than fifty (50) pounds. Natural Christmas trees shall be considered
vegetative waste and will be collected if they are not more than eight (8) feet in length
and weight less than fifty (50) pounds. Vegetative waste does not include any form of
matter or debris resulting from land clearing or land development.
Section 2. That Chapter 51, "Garbage and Trash", is amended by
amending subsection 51.15, "Refuse Collection Reserved Exclusively in City or
its Contractors", to read as follows:
Sec. 51.15. REFUSE COLLECTION RESERVED EXCLUSIVELY IN CITY OR
ITS CONTRACTORS.
The governmental function of collection, removal and disposition of all roll-off
containers excluding roll-off containers used for construction and demolition debris, and
refuse within the municipal limits of the City is exclusively vested in the municipal
government of the City or its contractors, and all other individuals, persons, firms or
corporations are specifically and expressly prohibited from engaging in that practice or
business within the corporate limits of the City and from utilizing the publicly dedicated
streets, alleys and other thoroughfares for those purposes
Section 3. That Chapter 51, "Garbage and Trash", is amended by
deleting subsection 51.16, "Exceptions in Certain Areas and for Certain Types of
Collection Services":
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6 ORD NO. 31-08
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Section 4. That Chapter 51, "Garbage and Trash", is amended by
amending subsection 51.19, "Industrial and Hazardous Waste Disposal", to read
as follows:
Sec. 51.19. HAZARDOUS WASTE DISPOSAL.
(A) Any persons, businesses or other entities generating +striel-armhazardous wastes
shall not be served in the normal manner set forth in this Chapter. All ~«a••
hazardous wastes may be collected by the City or its contractor if both the owner and the
City aeree
ser~asEe~. However, this shall not preclude another qualified {t~dust~ia~ee hazardous
waste disposal company from collecting the fndustr-ic~l-e~ hazardous waste.
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Section 5. That Chapter 51, "Garbage and Trash", is amended by
amending subsection 51.20, "Building Materials", to read as follows:
Sec. 51.20. BUILDING MATERIALS.
(A) Building materials originating prior to, during, or subsequent to the construction of
new buildings, alterations or additions to existing buildings of whatsoever type or from
demolition of existing structures will not be collected under the Citv's residential service.
Removal of these building materials is the responsibility of the building contractor or
installer and if a roll-off container is used it must be obtained in accordance with Section
51.45 of the Code of Ordinances.
(B) Building materials resulting from minor homeowner repairs (residential do-it-
yourself projects) which meet the requirements for trash collection must be bundled,
bagged or boxed and will be collected at curbside. Discarded lumber pieces must be no
longer than four (4) feet without nails. Larger materials may be picked up by special
request at an additional charge from the contractor.
Section 6. That Chapter 51, "Garbage and Trash", is amended by
amending subsection 51.35, "Containers Required for Residential and
Commercial Sites", to read as follows:
Sec. 51.35. CONTAINERS REQUIRED FOR RESIDENTIAL AND
COMMERCIAL SITES.
7 ORD NO. 31-08
Except as otherwise provided for herein or due to the type of garbage and trash
service designated by the City for the subject property, the owner of any real property in
or from which litter is accumulated or produced must provide suitable receptacles and
containers. These containers must be kept in an accessible location for collection and
must be capable of holding all waste materials which would ordinarily accumulate
between the times of successive collections. All containers and receptacles as required
shall be of safe construction and design and shall be maintained in good serviceable
condition at all times. Any receptacles or containers which do not conform to the
provisions of this Chapter, or which have ragged or sharp edges or any other defects
likely to hamper or injure the person collecting the contents thereof or the public
generally, shall be promptly replaced upon notice. The City Manager, or his/her desig ee,
shall determine the quantity and location of receptacles and determine whether the
receptacles and containers are serviceable.
Section 7. That Chapter 51, "Garbage and Trash", is amended by
deleting subsection 51.37, "Use of Other Units and Containers":
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Section 8. That Chapter 51, "Garbage and Trash", is amended by amending
subsection 51.45, "Construction and Demolition Sites", to read as follows:
Sec. 51.45. CONSTRUCTION AND DEMOLITION SITES AND COLLECTION
OF CONSTRUCTION AND DEMOLITION DEBRIS.
It shall be unlawful for any construction or demolition contractor to fail to
provide onsite suitable receptacles, bulk containers or detachable containers for loose
debris, paper, building material waste, scrap building material and other trash produced
by those working on the site. All material shall be containerized by the end of each day,
and the site shall be kept in a reasonably clean and litter-free condition. The number of
receptacles, bulk containers or detachable containers shall be determined by the City
Manager or his/her designee. Construction sites shall be kept reasonably clean and
orderly at all times. When roll-off containers are used it shall be in accordance with
Subsection (Bl of this Section. . ki-tlae
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8 ORD NO. 31-08
Engagine in business of Construction and Demolition (C&D) debris
collection and disposal• issuance of non-exclusive franchise aereement to C&D Debris
Service Providers.
(1) No person, firm or corporation shall place and/or service roll-off containers
for the collection and transport of C&D debris in the City without first applying for and
receiving anon-exclusive franchise from the City to cam on such a business. The non-
exclusive franchise required by this section shall be in addition to anv business tax and
other license(s) which otherwise maybe required by law.
(2) It shall be unlawful for anv C&D Debris Service Provider to provide roll
off container service to anyproperty located within the coroorate limits of the City except
between the hours of 6:00 a.m. to 6:00 p.m. Monday -Friday, and 7:00 a.m. to 6:00 p.m.
on Saturday.
(3) No franchise rg anted pursuant to this section shall be deemed the property
of the holder thereof.
(4) The Citv reserves the power to revoke all franchises eranted pursuant to
this section, to chanee or limit the riehts eranted or to otherwise modify such franchises,
in its sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a
taking of a property, or an impairment of contract or rieht of any franchisee. It is the
express intention of this section to reserve unto the City the power, in its sole discretion,
to alter the methods of C&D debris collection and disposal employed in the City, and the
manner in which C&D debris services maybe provided within the City
(5) The franchise(s) shall be granted only after the applicant for the franchise
has filed with the Community Improvement Department an application and such other
documentation as may reasonably be required to establish that the applicant meets all of
the requirements delineated in this section.
(6) Franchise period. No franchise shall be issued for more than 1 year, and all
franchises shall expire on September 30 of each year. Application for renewal is required
on or before September 30.
(7) Franchise fees. For each franchise granted on or between October 1 and
March 31 of an~vear, the full franchise fee as specified herein, for one year shall be paid.
For each franchise granted on or between April 1 and June 30, one-half of the full fee for
one year shall be paid. For each franchise eranted on or between July 1 and September
30, one-fourth of the full amount for one year shall be paid. Upon Qayment of the
applicable fee and approval of the application for a franchise (or renewal), the City will
enter into a franchise aereement, in a form acceptable to the City, which franchise shall
expire at the end of the period for which such franchise is granted as hereinabove
specified. It shall be no defense of nonpayment of the franchise fee that a franchisee has
not received any bill or notice from the Citv. The franchise fees are as follows:
Annual Permit Fee - $3000.00
Application Fee - $1000.00
Franchise Activity Fee - 10% of Bross revenue from C&D collection (to be paid
month)
9 ORD NO. 31-08
f 8) Applications for anon-exclusive franchise (or renewal) shall be made to the
City upon such form and in such manner as shall be prescribed by the Community
Improvement Director to elicit the following information and to be accompanied by
supporting documents and such other information as maybe required by the Citv:
a. Name of applicant. If the applicant is a legal entity, the names and business
addresses 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 comoration 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. Qualifications of applicant. The applicant for a franchise under this section,
if an individual, or in the case of a le ag 1 entityperson having any financial,
controlling or managerial interest therein, shall provide the following information, which
shall be the submitted b,, t~pplicant:
i. Performance history. The names and telephone numbers of the contact
persons in other communities or agencies who can provide information about the
applicant s past performance.
ii. Business history. Whether such applicant has operated a C&D debris roll
off container service business under a franchise, permit or license, and if so, where,
when, and whether such franchise, permit or license has ever been revoked or suspended
and the reasons therefor.
iii. Existence of business entity. If the applicant is a legal entity. applicant shall
submit proof of good standine in the state of organization and, if a foreign legal entity.
~licant shall provide information certifying that applicant is qualified to do business in
the State of Florida. If applicant is operating under a fictitious name, applicant shall be
reauired to submit information that such fictitious name is registered and held by
applicant.
c. Equipment and method of operation. The applicant for a franchise shall
possess equipment capable of providing safe and efficient service. In making such a
determination and a proving the method of operation for each applicant, the Citv shall
require the followine information:
i. The twe, description, and estimated number of all equ~ment to be used by
the applicant for providine service.
ii. The number of employees to be used in providing services.
iii. A sworn and notarized statement that the applicant will use only disposal
sites approved by the appropriate County/State/Federal re ulator~gencies for disposing
of all C&D debris.
d. Insurance and bondine requirements.
liability insurance policy to cover liability for damaees because of bodily iniur try
person or persons and to cover liability damage of property of any person arising from of
10 ORD NO. 31-08
in connection with C&D debris roll-off container service within the Citv in the amounts
as follows:
Worker's Compensation Insurance• Worker's Comuensation coverage must be maintained in
accordance with statutory requirements as well as Employer's Liabiliri Coverage in an amount
not less than $100.000.00 per each accident, $100.000.00 by disease and $500.000.00 aggregate
by disease.
Liability Insurance The applicant shall, during the term of this Agreement, and any extensions
hereof maintain in full force and effect commercial general liabiliri insurance policy and
automobile liability insurance policy. which specifically covers all exposures incident to the
applicant's operations under this contract. Such insurance shall be with a company acceptable to
the City and each policy shall be in an amount of not less than $1,000,000.00 Combined Single
Limit for personal bodily iniurv. including death, and property damage liabiliri and the general
liabiliri shall include but not be limited to coverage for Premises/Operations,
Products/Completed Operations, Contractual, to support the applicant's agreement or indemnity
and Fire Legal Liabiliri. In addition to the above liability limits, the applicant shall maintain a
$5.000.000.00 umbrella and/or excess liability coverage. Policv(iesl shall be endorsed to show
the City, a municipal corooration in the State of Florida, as an additional insured as its interests
may appear: and shall also provide that insurance shall not be canceled, limited or non-renewed
until after thirty (301 days' written notice has been given to the Citv. Current certificates of
insurance evidencing required coverage must be on file with the Ciri at all times.
ii. Cash or a letter of credit in an amount of $15,000.00 for the first year of the
franchise issuance. In subsequent years the amount shall be equal to the applicant's
previous 12-month franchise fee(sl paid to the City or $15,000.00, whichever is greater,
as security for any fee(sl due to the City under the franchise agreement(s) conditioned
upon the compliance of the terms of this section in such form as acceptable to the Citv
Attorney.
e. Application form. Each application for a franchise (or renewall shall be
made on a standard form promul atg ed by the Community Improvement Department and
shall include an affirmation that the applicant shall comply with the requirements of this
section and any agreements entered into between the Citv and the applicant.
(9) Review and issuance. The completed application along with the appropriate
fees) shall be submitted to the City. Upon receipt of a completed application and fee(sl,
the Community Improvement Director shall provide for the review of said application and
the Citv shall either grant or deny the application (or renewall.
(10) Denial of application. The City shall have the discretion to deny any
application for anon-exclusive franchise (or renewall under any of the following
circumstances:
a. Failure to comply with any of the requirements of this section and/or any
agreements thereto:
b. Evidence that the applicants franchise with the City was previously
11 ORD NO. 31-08
terminated within 5 years prior to the date of the application;
c. Evidence that the applicant previously operated a C&D debris roll off
container service in the City without holding a valid franchise after the effective date of
this section; or
d. A findine that the applicant lacks sufficient experience, equipment, staff, or
disposal plan to safely comply with the requirements of this section and/or the franchise
agreement.
denial.
(11) Appeal from the Communitv Improvement Director of the denial of a
franchise (or renewal).
a. The denial of a franchise for renewal) by the Communitv Improvement
Director may be appealed to the City Manager. The applicant shall pay the appeal fee of
five hundred ($500.001 dollars and the appeal shall be filed in writing with the Citv
Manager no later than 14 days after the mailing of the certified letter advising the
applicant of the denial.
b. The Citv Manager shall either affirm the decision of the Community
Improvement Director or issue the franchise (or renewall. A decision of the Citv Manaeer
to affirm the decision of the Communitv Improvement Director shall be final.
(12) Identification of equ~i ment. All equ~ment utilized to collect and transport
C&D debris in the City must be conspicuously marked on both sides of the automotive
unit with the name of the franchisee, and roll-off containers shall be conspicuously
marked with the name of the franchisee, tare weight and cubic yard capacity. All
markings must be in letters and numerals at least two inches in height. All containers
shall display the City's franchise sticker provided by the Citv at the issuance of a
franchise. This sticker shall be in a position to be seen from the abutting street at all
times.
(13) Placement and maintenance of containers. Roll off containers ma,} only be
placed, or allowed to remain, on a property for which a building permit has been issued,
has not expired, and otherwise remains in full force and effect. Roll off containers -shall
not be placed in the public rieht-of--way. Equipment and other franchisee property shall
be maintained, and all operations shall be conducted, in compliance with Chapter 51 of
the Code of Ordinances. The City, in its discretion, may require a chance in the location
of, or replacement o£ a container if it becomes an unsi~ly nuisance, causes a code
violation to occur, poses a threat to the surrounding environment, threatens the health
and/or safety of the City's population, or becomes unsanitary and/or inoperable.
(14) Information required of franchisees.
a. Monthly felines. Within ten days from the first day of each month.
franchisees shall deliver to the City a true and correct monthly report of gross recei~
generated durine the previous month from accounts within the Citv. This detailed
monthly report shall include the customer names, service addresses, account numbers and
the actual amount billed to each customer
12 ORD NO. 31-08
b. Annual filings Franchisees shall on or before November 1 of every year,
upon request deliver to the City a statement reflectine annual Bross receipts venerated
from accounts within the corporate limits of the Citv compiled by an independent
certified public accountant for the preceding October 1 through September 30. This
report shall include the customer names service addresses, account numbers and the
actual amount billed to each customer.
c. Audit of records By acceptance of a franchise and in consideration of the
receipt thereof the franchisee shall make available, within three business days afrer
notice all records of the franchisee which pertain to anv container placed within the City
including but not limited to contracts trip tickets invoices state and federal tax returns,
and anv documents supporting the information compiled within the supplemental felines
r~uired by subsections (a) and (bl above for inspection and auditing by the City. This
information shall include but not be limited to, copies of the following: billin rg ates,
billinv amounts and accounts receivable. Additionally, the City's auditors may
communicate directly with customers of the franchisee for the purpose of confirmine
compliance with this section. In the event anv audit reveals that a franchisee has failed to
pay the full franchise fee the franchisee shall pay a franchise fee of three (3) times the
orivinal amount due. Additionally, the franchisee shall reimburse the Citv for all
expenses incurred by the City pursuant to this ~araeraph including audit costs court
costs, and reasonable attorneys' fees.
d. Change in required information. Each franchisee shall file any change in
information which is reauired to be submitted to the City by filing the changed
information with the Community Improvement Director.
(15) Anv and all solid waste material collected by a franchisee within the City
shall be disposed of only at disposal sites approved by the appropriate
County/State/Federal reeulatory agencies. Recycline of such solid waste material is
encouraged by the Citv.
(16) All franchisees shall comply with the provisions of this section. The City
may use the reports required in this section and other information available to determine
compliance of franchisees.
(17) All franchises shall pay a monthly non-exclusive franchise activity fee as
specified by this section based on a percentave of the franchisee's total yross revenue for
the preceding month for all charges for service, including charges for fumishiny
containers, disposal costs and charges for transport of containers.
(18) Revocation and suspension of non-exclusive franchise. The Community
Improvement Director may. in his/her discretion, revoke or suspend anon-exclusive
franchise pursuant to the followine:
a. The Community Improvement Director shall provide the franchisee with
cure the violation stated in such notice.
b. The violation of anv of the provisions of this section and/or of anv
avreement between the City and franchisee shall be cause for revocation or suspension of
13 ORD NO. 31-08
a franchise.
c. In the event the franchisee fails to cure the violation within five business
days the Community Improvement Director may revoke or suspend a franchise and may
immediately declare such franchise null and void, and upon such revocation or
suspension franchisee shall immediately cease all operations, and shall be considered to
have forfeited said franchise and any rights acquired thereunder. The franchisee shall
remove all C&D debris roll-off containers within ten business days after the mailing of
notice of revocation or suspension In the event all C&D debris roll-off containers are not
removed within ten business days after the mailing of notice of revocation or suspension,
(il the cash or letter of credit funds posted pursuant to this section shall be forfeited; and
(ii) the City shall order the property owner or general contractor to remove same within 5
business days. In the event the property owner or the general contractor fails to remove
same within 5 business days such failure shall constitute a violation of this section.
(19 Appeal from the Community Improvement Director of the revocation or
suspension of franchise.
a. The revocation or suspension of a franchise by the Communit~provement
Director may be appealed to the City Manager. The applicant shall pay an apnea] fee of
five hundred ($500.001 dollars and the appeal shall be filed in writing with the City
Manager no later than 14 days after the mailing of the certified letter advising the
applicant of the revocation or suspension.
b. The City Manager shall either affirm the decision of the Community
Improvement Director or direct the Community Imnrovment Director to reinstate the
franchise. The decision of the Cit~ger shall be final.
obtaining the City's written consent.
(21) Violation.
a. Persons with an interest in property. It shall be a violation for any person to
permit collection of C&D debris by any non-franchised C&D debris service providers
from anyparcel of land owned or leased bv. or in the control of, such person .
b. General contractors. It shall be a violation for any general contractor to
from anyparcel of land which the general contractor holds a building_permit.
Section 9. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect the validity of
the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 10. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
14 Ol3D NO. 31-08
Section 11. That this ordinance shall become effective on October 1,
2008.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 200_
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
15 ORD NO. 31-08
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