59-82 FAILED ON FIRST READING
ORDINANCE NO. 59-82
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
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 12-15, "CHARGES LEVIED", PROVIDING FOR
RATES AND CHARGES TO BE LEVIED UPON USERS, BASED ON
CERTAIN CHARGES FOR RESIDENTIAL DWELLING UNITS,
OFFICES, COMMERCIAL AND OTHER USES; 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 Section 12-15, "Charges levied", of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended 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 occupancy 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 section 12-1 for "garbage can" shall
be charged e~h.t.-~lo~4a4'~..a~4-~c~y--fiv~--c-e~(-$g,7-~ ten dollars and
eighty-five cents ($10.85) per month for garbage pickup.
(2) Each residential dwelling unit receiving "front-end container" type
service, utilizing mechanically dumped containers provided by the city
shall be charged ~i~e~e~fld-,~to~4i~e~4~r.~ seven dollars
and seventy-five cents ($7.75) per month for garbage pick-up.
(3) The type of services to be received by a residential dwelling unit shall
be subject to the approval of the public works department, however, in
no event shall commercial container service be provided to a resi-
dential multi-unit complex of less than six (6) units, except where
collection service is provided to living units located in a commercial
establishment.
(b) Offices: For the purpose of this subsection an office is defined as a location
where a commercial or professional activity is conducted which does not
involve the sale of commodities, or goods on the premises. The term
"offices" does not include offices for the treatment of animals on the
premises. The monthly service charge shall be~'~t~r~ohhm~d-thir~W~'~$
(~r~r~O~ two dollars and eighty-five cents ($2.85) per cubic yard and will be
calculated by multiplying ew~-doHers-~r~~eerrt~-~$~..~) two dollars and
eight-five cents ($2.85) 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 charges are as follows:
(l) For a single office serviced by one container, the minimum monthly
charge is ten-~ile~nfiu{~%-~W~-fi~e-eerrt~t~.&~ twelve dollars and
seventy-five cents ($12.75).
(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 theee--do~}e~-(-33.000 three dollars and seventy-five cents
(33.75). If any group has less than four (q) offices, the monthly
minimum charge for the group is
(-$1Or3~) twelve dollars and seventy-five cents (312.75).
(c) Commercial and users other than those specified in (a) and {b) above: The
monthly service charge shall be ~we-4otler,,-~n~--t~i,,y-~:~{s-4~r~) two
dollars and eighty-five cents (32.85) per cubic yard and will be calculated by
multiplying -t~ve-~tollara ~-t+~c~p~'~-{~)-~.-50) two dollars and eighty-five
cents {$2.85) 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 l~e~-~oHet~ef-~ivenq~fi~ve-eem~4-$1Or;~r0 twelve dollars and
seventy-five cents (312.75) 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
t~o~--d~}e~-en4-lwe~-fiq~e-ee~t~-(~0,.~-5) twelve dollars and seventy-five
cents (312.75) per user so serviced then the minimum monthly charge of-t~-~
4et~aes-en4-~we~'(g-f4~e-eewtt-~l~.~-5) twelve dollars and seventy-five cents
(312.75) 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
billed for or pays for the service, the minimum monthly charge, referred to
above, shall be calculated as to each user. If a container is being used by
one or more offices in conjunction with the type of user specified in this
subsection, then the minmum for each user shall be calculated on the basis
of the group rates applicable to each category.
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 on October 1, 1982.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,1982.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
FAILED ON FIRST READING
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ORD. NO, 59-82