47-83 ORDINANCE NO. 47-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA AMENDING CHAPTER 12, "GARBAGE AND
TRASH", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SECTION 12-15, "REGULAR CHARGES LEVIED", AND
ENACTING A NEW SECTION 12-15, "RECULAR CHARGES LEVIED",
TO ESTABLISH THE SERVICE CHARGES FOR GARBAGE AND
TRASH SERVICE FOR ALL TYPES OF SERVICE WITHIN THE CITY
OF DELRAY BEACH WHETHER RENDERED BY THE CITY OR ITS
CONTRACTOR; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach does hereby desire to
establish the monthly service charges for garbage and trash service within the City of
Delray Beach, whether provided by the City or by its contractor(s), and whether or
not such charges are billed directly from the City of Delray Beach or from its contrac-
tor(s).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 12-15, "Regular charges levied", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed.
Section 2. That a new Section 12-15, "Regular charges levied", of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as fol-
lows:
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 pick-up 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 Dollars and Fifty Cents ($8.50) per
month for garbage and trash pick-up.
(2) For those customers receiving Type B, Rear-Door/Side-Door ser-
vice, the service charge shall be Nine Dollars ($9.00) per month for
garbage and trash pick-up.
(3) For those customers receiving Type C, Curb Side - Garbage and
Household Trash in Disposable Containers Service, the service
charge shall be Four Dollars and Forty Cents ($4.40) per month for
such garbage and household trash pick-up.
(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
Seven Dollars and Twenty-five Cents ($7.25) per month for garbage
and trash pick-up.
(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 PICK-UPS MONTHLY
SIZE - YD/SQ PER WEEK BILLING RATE
2 i $26.00
2 2 $51.00
2 3 $77.00
2 4 $102.00
2 5 $127.00
2 6 $153.00
3 i $36.00
3 2 $71.00
3 3 $107.00
3 4 $142.00
3 5 $178.00
3 6 $213.00
4 1 $45. O0
4 2 $89.00
4 3 $133.00
4 4 $178.00
4 5 $222.00
4 6 $266.00
6 i $63.00
6 2 $125.00
6 3 $187.00
6 4 $250.00
6 5 $312.00
6 6 $374.00
8 1 $78.00
8 2 $156.00
8 3 $234.00
8 4 $312. O0
8 5 $390.00
8 6 $468. O0
(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 cus-
tomers shall include, but not be limited to, all office buildings,
stores, filling stations, service establishments, light industr~y,
schools, churches, clubs, lodges, motels, laundries, hotels, public
buildings, food service and lodging establishments.
(A) Commercial customers may use any of the following containers
for accumulation of refuse:
(i) Commercial refuse containers. The City shall require any
commercial customer needing more than six (6) such
refuse containers to use mechanical containers, if fea-
sible.
(ii) Mechanical containers.
ORD. NO. 47-83
(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 emptied on a
schedule mutually ag'reed upon by the customer and the City or its
contractor(s), but not less than one (1) 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. All garbage and commer-
cial 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 Twenty-six Dollars ($26.00) 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 mini-
mum monthly charge referred to above shall be calculated as t9 each'
such customer. ,
Secfion 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, but that the charges set forth herein shall be
applicable and commence with all bills rendered by the City or its contractor(s) on or
after August 1, 1983.
PASSED AND ADOPTED in regular session on second and final reading
on this the 12tk day of July , 1983.
ATTEST:
First Reading Juno .,28 t ]-983
Second Reading July 12t '1983,
3 ORD. NO. 47-83