124-85 ORDINANCE NO. 124-85
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, WIN
GENERAL", SECTION 12-15, "REGULAR CHARGES LE~fIED~, 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 eight-detla~s--~nd--f~f~j~-een~s-~$$.~ ten
dollars and fifteen cents ($10.15) per month for garbage and tra-"~
pickup.
(2) For those customers receiving Type B, rear-door/side-door service,
the service charge shall be n~ne-~k~l-lars-{$9.4)~ ten dollars and
sixty-five cents ($10.65) per month for garbage and trash pickup.
(3) For those customers receiving Type C, curb side, garbage and
household trash in disposable containers service, the service charge
shall be f~ur--elol4e~--an~l--~rt~y'--eer~t~--(~.~A~) five dollars and
sixty-five cents ($5.65) per month for such garbage and household
trash pickup.
(4) For those customers receiving Type D, curb side in owner's con-
tainer (or for those customers who, by reason of disability, as
certified by a doctor and previously approved by the city, are
; unable to place refuse containers on the street, and whose
collection by the city or its contractor(s) is thus pursuant to the
Type B, rear-door/side-door service) the service charge shall be
sevee~---el~im-s--~--tweert~--ee~t-~--(-$-7-;-2~-) eight dollars and
seventy cents ($8.70) 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 Pickup s Monthly
Size (yd./sq.) per Week Billing Rate
2 1 $-~6~00 $ 29.00
-I~- 3 -~- 1 {i½~O0 40.50
-~- --4'- -~- -i-- ~oo
-8- --fi- -4-
-~- ~ -~-
3 -~-
-~- ~ -~- 2 ~0~;00
-~- ~ -4-
~ -6-
4 -i-
-4- 6 -~-
-4- T 4
T -6- T
6 -i- T 6~vO0
-6- 8 -~-
-6- ~ -~-
-6- ~ -4- T
-6- T T
T -6- 5
8 -i- T ~Sv00
-8- 2 -~-
-8- ~ -8-
-8- ~ -4-
-8- ~ -8-
' (2) Multiple-family dwelling units contMning five (5) units or more shM1
use containers emptied by mechanical means, except as otherwise
approved by the city because of lack of suitable space for a me-
chanical contMner or other good reason.
(3) Commercial customers shM1 use such mechanical contMners and
commercial refuse contMner set.ce (Type E). CommerciM
customers shM1 include, but not be ~mited to, M1 office buil~ngs,
stores, filling stations, ser~ce establishments, Hght i~dust~.
sch~ls, churches, clubs, lodges, motels, laund~es, hotels, public
buildings, f~d set.ce and lod~ng establishments.
CommerciM customers may use any of the following contMners for
accumulation of refuse:
a. CommerciM refuse contMners. The city shM1 req~re any
commerciM customer needing more than six (6) such ~fuse
contMners to use mechanical contMners, if feasible.
b. MechanicM contMners.
(4) The owners/operators of commerciM establishments and other
commercial customers shM1 accumulate such refuse in such locations
mutuMly 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. 124-85
(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 lack a suitable location for a mechanical container shall
also be serviced at least once per week. Ail 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 tw~,m~y-six-~loltm~-(-$2~.~0) twenty-nine ($29.00) 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, 1985.
PASSED AND ADOPTED in regular session on second and final reading on this
the 26th day of November , 1985.
ATTEST:
City~lerk
First Reading November 12, 1985
Second Reading November 26t 1985
3 ORD. NO. 124-85