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54-89 ORDINANCE NO. 54-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR CHARGES LEVIED" , TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES; AND TO PROVIDE FOR FEES FOR BOTH RESIDENTIAL AND COMMERCIAL CUSTOMERS FOR RECYCLING SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, ~E IT ORDAINED BY THE CITY CO~MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", "Rates and Charges", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 51-70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for garbage and trash service: (A) Charges for the below-described garbage and trash pickup service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51-72: (1) For those customers receiving Type A, roll- out cart service, the service charge shall be ~&~ $19.27 per month for garbage and trash pickup. However, the levy for "Tropic Palms and Palms of Delray" (known as Type F) shall be $t~ $17.67 per month for garbage and trash pickup. (2) For those customers receiving Type B, rear- dooz/side-door service, the service charge shall be ~I~]~ $18.33 per month for garbage and trash pickup. (3) For those customers receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be $~I; $12.96 per month for garbage and household trash p~ckup. (4) For those customers receiving Type D, curbside in owner's container (or for those customers who, by reason of disability, as certified by a doctor and previously approved by the city, are unable to place refuse containers on the street, and whose collec- tion by the city or its contractor is thus pursuant to the Type B, rear-door/side-door service), the service charge shall be $~g~ $16.36 per month for garbage and trash pickup. NOTE: Residential customers shall be assessed a $1.85 per unit charge for recyclin~ service (included in rates set forth above). (B) Mechanical containers and commercial refuse container service. (1) For customers receiving Type E, mechanical containers and commercial refuse container service, the service charge shall be based upon the following for such garbage and trash services: Container Container Size Pickups Monthly (Square Yard) Per Week Billing Rate 2 1 $/~ $ 52 3 1 ~Z 74 4 1 79 95 2 2 ~ 103 3 2 ~2~ 148 4 2 ~ 19'0 6 2 227 27'5 8 2 Zg~ 353 2 3 ~ 15~ 3 3 t~ 22'2 4 3 2~7 285 6 3 ~4~ 412 8 3 ~ 530 2 4 ~7~ 206 3 4 Z47 296 4 4 ~ 38% 6 4 ~4 549 8 4 ~2 70"~ 2 5 Z~ 257 3 5 ~ 370 4 5 ~g~ 475 6 5 ~ 68'~ 8 5 7~7 88---~ 2 6 ~ 309 3 6 ~7~ 444 4 6 ~7~ 570 6 6 ~ 824 8 6 ~7~ 1,061 (2) Multiple-family dwelling units containing five units or more shall use containers emptied by mechanical means, except as otherwise approved by the city because of lack of suitable space for a mechanical container or other good reason. (3) Commercial customers shall use mechanical containers and commercial refuse container service (Type E). Commercial customers shall include, but not be limited to, all office buildings, stores, filling stations, service establishments, light industry, schools, churches, clubs, lodges, motels, laundries, hotels, public buildings, food service, and lodging establishments. Commercial customers may use any of the following containers for accumulation of refuse: - 2 - Ord. No. 54-89 (a) Commercial refuse containers. The city shall require any commercial customer needing more than six refuse containers to use mechanical containers, if feasi- ble. (b) Mechanical containers. (4) The owners/operators of commercial establish- ments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the city or its contractors, and which are convenient for collection by the city or its contractors. (5) Containers emptied by mechanical means shall be provided by the city or its contractors. These containers shall be emptied on a schedule mutually agreed upon by the customer and the city or its contractors, but not less than one day a week nor more than six days a week. Maintenance of that container shall be as set forth in this chapter; however, the city's contractors shall not impose any separate or additional charges to customers or to the city for the rental or rou- tine/regular maintenance of such containers that may be performed by the city's contrac- tors. (6) Commercial customers needing less than six refuse containers, and those approved for this type of service by the city in advance because they lack a suitable location for a mechanical container shall also be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the city or its contractors and the customer. (C) The charges set forth above for mechanical con- tainers and commercial refuse container service (Type E) shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the city or provided by the city's contractors shall be used. Where more than one user is serviced by one container, the monthly charges shall be levied to each customer by dividing the total monthly cost by the number of customers using that container; however, in no event shall the monthly service charge be less than ~ $52 per customer. The term "CUSTOMER" as employed herein is any person using the service or to whom the service is available. Even if the customer is different from the person who is actually billed for or pays for the service, the minimum monthly charge referred to above shall be calculated as to each customer. - 3 - Ord. No. 54o89 (D) Commercial Rates For Recycling: HAULING CHARGES 2-CU YD 3-CU YD 4-CU YD 6-CU YD 8-CU YD 1X PER WEEK SVC 43.00 62.00 79.00 114.00 146.00 NOTE: Rates are stated in terms of monthl~ service charges, and Waste Management will invoice the City for services as well as prOvide the CitY with a_-de~ied lis~ of commercial recyciing._customers and containers. Waste .M~na~ement will provide 2-cubic yards of container space for each thirty (L0) ~d~'l'li~g. uhi~s 1-66ated'"in Condom~hi6m or apartmen~ complexes, waste Management_ will d~t6rmine appropriate container sizes in cooperation ~ith th~ owners/operators of the c'6ndomi~dms and apar ~tments. Recycled mixed paper will ~ coll~=ted once each week. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. 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 4. That this ordinance shall become effective immediately upon its passage on second and final reading, and the changes set forth herein shal'l be applicable to all bills ren- dered on or after October 1, 1989. PASSED AND ADOPTED in regular session on second and final reading on this the 26th day of September , 1989. M A Y 0 R ATTEST: City Clerk -- First Reading September 12, 1989 Second Reading September 26, 1989 - 4 - Ord. No. 54-89