118-88-4
ORDINANCE NO; 118-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE
AND TRASH" OF T~E CODE OF ORDINANCES OP TKE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND
CHARGES", "REGULAR CHARGES LEVIED", TO PROVIDE FOR
INCREASED GARBAGE AND TRASH SER¥~CE CHARGES AND
FEES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
~ SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW THEREPORE, BE IT ORDAINED BY TH~ CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 51, "Garbage a~%d Trash", "Rates an~
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 hereby 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 receivingType A, roll-out cart
service, the service charge shall be $~=~e $14.86
per month for garbage and trash pickup, except that
the levy for "Tropic Palms and Palms of Delray"
shall be $13.56 per month for garbage and trash
pickup.
(2) For those customers receiving Tlrpe B, rear-door/
side-door service, the service charge shall be
$~R=8~ $14.03 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 $~=~9 $8.17 per
month for such garbage and household trash pickup.
(4) For those customers receiving TYPe D, curb side 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
collection by the city or its contractor(s) is thus
pursuant to the Type B, rear-door/side-door service)
the service charge shall be ~}9=$9 $11.93 per month
for garbage and trash pickup.
1 ORD. NO. 118-88
(b) Mechanical containers and con~nercial refuse container
service.
(1) For customers receiving Type E, mechanical con-
tainers and commercial refuse container service, the
service charge shall be based upon the following for
such garbage and trash services=
Container
Container Pickups Monthly
Size (yd./sq.) per Week Billing Rate
2 1 $-4~ $ 43
3 1 57 62
4 i ~ 79
6 1 }94 114
8 1~ ~ 146
2 2 B9 86
3 2 ~4 124
4 2 ~45 158
6 2 ~0~ 227
8 2 25~ 291
2 3 ~ 130
3 3 ~]i 186
4 3 ~ 237
6 3 ~ 341
8' 3 ~99 436
2 4 ~ 173
3 4 B~8 247
4 4 ~9~ 318
6 4 4~ 454
8 4 5~ 582
2 5 ~9~ 216
3 5 ~84 309
4 5 ~6~ 395
6 5 5~ 568
~ 5 665 727'
2 6 239 ~60
3 6 B4~ 371
4 6 4B5 474
6 6 $E5 682
8 6 798 87'%
(2) Multiple-family dwelling units containing five (5)
units or more shall use containers emptied by
mechanical means, except as otherwise approved by
tile city because of lack of suitable space for a
mechanical container or other good reason.
(3) Commercial customers shall use such 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.
2 ORD..NO. 118-88
Commercial custome£s may use any of the following
containers for accumulation of refuse:
(a) Commercial refuse containers. The city shall
require any commercial customer needing more
than six (6) such refuse containers to use
mechanical containers, if feasible.
(b) Mechanical containers.
(4) The owners/operators of commercial establishments
and other commercial customers shall accumulate such
refuse in such locations mutually agreed upon by the
owner/operator and the city' or its contractor(s),
and which are convenient for collection by the City
or its contractor(s).
(5) Containers emptied by mechanical means, shall be
provided by the city or its contractor(s). Such
container(s) shall be emptie~ on a schedule mutually
agreed upon by the customer and the city or its
contractor(s), but not less than one day a week nor
more than six (6) days a week. Maintenance of such
container shall be as set forth in this chapter;
provided; however, the city's contractor(s) shall
not impose any separate or additional charges to
customers or to the city for the rental or routine/
regular maintenance of such containers that may be
performed by the city's contractor(s).
Commercial customers needing less than six (6)
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 contractor(s) and the
customer.
(C) The charges set forth above for mechanical containers 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 and/or provided by the city's
contractor(s) 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 such container;
provided, however, in no event shall the monthly service
charge be less than $4g $43. 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 such customer.
3 ORD. NO. 118-88
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 immedi-
ately upon its passage on second and final reading, and the changes set
forth herein shall be applicable to all bills rendered on or after
October 1, 1988.
PASSED AND ADOPTED in regular session on second and final
reading on this the 27th day of September , 1988.
ATTEST:
First Reading September 13, 1988
Second Reading September 27, 1988
4 ORD. NO. 118-88