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72-86 ORDINANCE NO. 72-86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL", SECTION 12-15, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASES IN GARBAGE AND TRASH SERVICE CHARGES AND FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 12, "Garbage and Trash", Section 12-15, "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. 12-15. 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 12-17: (1) For those customers receiving Type A, roll-out cart service, the service charge shall be ~ee~-ee~s-~g~ ten dollars and fifty nine cents ($10.59) per month ~ for garbage and trash pickup. (2) For those customers receiving Type B, rear-door/side- door service, the service charge shall be ~-~Me~-~e-ee~s-~G½g~6~ eleven dollars and eleven cents ($11.11) per month for garbage and trash pickup. (3) For those customers receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be s~-~e-ee~s-~$~6~ five dollars and ninety eight cents ($5.98) 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 e~h~-~~s-a~-se~e~-ee~s ~$$~8~ nine dollars and eleven cents ($9.11) per month for garbage and trash pickup. (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 Pickups Monthly Size (yd./sq.) per Week Billing Rate 2 1 6-~9v00 $ 33.00 3 1 497~ 46.00 4 1 ~½vO0 58.00 6 1 ~vg0 82.00 8 1 90vO0 104.00 2 2 ~grO0 65.00 3 2 8½vO0 92.00 4 2 ~0~00 116.00 6 2 ~4~vOO 165.00 8 2 ~80v00 208.00 2 3 8~vO0 98.00 3 3 ~½v~O 138.00 4 3 ~v00 174.00 6 3 ~?00 247.00 8 3 ~6~v00 312.00 2 4 ~6v00 130.00 3 4 ~6~?00 184.00 4 4 ~0~vg0 232.00 6 4 ~86~00 330.00 8 4 ~=O0 416.00 2 5 ~4470~ 163.00 3 5 ~0~v~0 230.00 4 5 ~vO0 290.00 6 5 ~:99 412.00 8 5 449v88 521.00 2 6 ½~vO0 196.00 3 6 t4tv0O 276.00 4 6 ~94vO~ 348.00 6 6 4~v08 494.00 8 6 ~8vOO 625.00 (2) Multiple-family dwelling units containing five (5) 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 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. Commercial customers 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). -2- Ord. No. 72-86 (5) Containers emptied by mechanical means shall be provided by the city or its contractor(s). Such container(s) shall be emptied 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). (6) Commercial customers needing less than six (6) refuse containers, and those approved for this type of service by the city in advance because they la~k 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 add 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 ~we~-~e-~9~ thirty-three dollars ($33.00) 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 such customer. Section 2. 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 3. That this ordinance shall become effective immediately upon its passage on second and final reading, and the changes set forth herein shall be applicable to all bills rendered on or after December 1, 1986. PASSED AND ADOPTED in regular session on second and final reading on this the llthday of November , 1986. MAYOR ATTEST: First Reading October 28, 1986 Second Reading November 11, ~98~ -3- Ord. No. 72-86