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04-82 ORDINANCE NO. 4-82 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 SECTION 12-15 TO INCREASE THE MONTH- LY CHARGES FOR GARBAGE PICKUP FOR ALL CLASSIFICATIONS OF CUSTOMERS INCLUDING RESIDENTIAL, OFFICES AND COMMERCIAL CUSTOMERS; PROVIDING-A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Sec%ion 1. That chapter 12 "Garbage and Trash" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by amending Section 12-15 "Charges levied" to read as follows: Sec. 12-15. Charges levied. The following service charges or fees are hereby levied for garbage and trash service: (a) Residential dwelling unit: Charges for garbage pick-up shall be as follows and shall commence when a certificate of occu- pancy is issued for a residential dwelling unit and shall continue monthly thereafter unless service is discontinued in accordance with section 12-17: (1) Each residential..dwelling unit receiving "hand pickup" type service, utilizing containers as described in sec- tion 12-1 for "garbage can" shall be charged se~em eight dollars and ~y seventy-five cents %~9+ ($8.75) per month for garbage pickup. ( 2 ) Each residential dwel ling unit receiving "front-end container" type service, utilizing mechanically dumped containers provided by the city shall be charged ~ve ~. six dollars and twenty five cents 4~9+ ($6.25) per month for garbage pick-up. (3) The type of services to be received by a residential dwelling unit shall be subject to the approval of the public works department, however, in no event shall commercial container service be provided to a residen- tiai multi-unit complex of less than six (6) units, except where collection service is provided to living units located in a commercial establishment. (b) Offices: For the purpose of this subsection an office is defined as a location where a commercial or professional activity is conducted which does not involve,, the sale of commodities, or goods on the premises. The term "offices" does not include offices for the treatment of animals on the premises. The monthly service charge shall be e~e ~w9 dol- lars_ and e&~h~-~&we thirty cents %6~=~+ ($2.30) per cubic yard and will be calculated by multiplying eme two dollars and e~h~y-~&we thirty cents %6~% ($2.30) times the numbe~ of cubic yards of capacity of the container being used times the number of pickups per month. The charge 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. director of public works shall be used. The minimum monthly charges are as follows: (1) For a single office serviced by one container the mini- mum monthly charge is e~he ten dollars and ~&~y-~we .twenty-five cents %~x~ ( $10.25)~ (2) 'For groups of offices serviced by one container, despite the fact that some offices in the group may be vacant, the monthly minimum charge per office is ewe three dol- lars &~ ~e~-~ve eerie %~4~ ($3.00). If any group has less than four (4) offices, the monthly minimum charge for the group is e~e ten dollars and twenty-five cents 4~+ ($10.25). (c) Commercial and users other than those specified in (a) and (b) above: The monthly service charge shall be e~e two dollars and e&~h~-~e thirty cents %6~% ($2.30) per cubic --yard and will be calculated by multiplying e~e two dollars and e~h~-~&~e thirty cents %$~%%% ($2.30) times the number of cubic yards of capacity of the container being used times the number of pickups per month. The charge 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 director of public works shall be used. The minimum monthly charge for the availability of this service is e~The ten dollars and ~9~-~e twenty-five cents 45~% ($10.25) per month per user. Where more than one user is serviced by one container, and the cubic yard charge is less than the total of e~e ten dollars and twenty-five cents %&~+ ($10.25) per user so serviced then the minimum monthly charge of e~e ten dollars and twenty-five cents 4~8~ ($10.25) shall be levied as to each user serviced by the one container. The term "user" as employed herein is any person using the service or to whom the service is available. Even if the user is different from the person who is b~led for or pays for the service, the minimum monthly charge, referred to above, shall be calcu- lated as to each user, If a container is being used by one or more offices in conjunction with the type of user speci- fied in this subsection, then the minimum for each user shall be calculated on the basis of the group use rates applicable to each category. Section 2. That should any section or provision of this ordi- nance 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 March 1, 1982. PASSED AND ADOPTED in regular session on second and final reading on this the 9th day of February , 1982 . ~AYO~ LEON M. WEEKES ATTEST · First Reading Januar~ 19! 1982 Second Reading February 9, 1982 - 2 - Ord. No. 4-82