Ord 15-02ORDINANCE NO. 15-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.01, "DEFINITIONS", TO CLARIFY CERTAIN
DEFINITIONS; BY AMENDING SECTION 51.15, "GARBAGE AND TRASH
COI.I.ECTION RESERVED EXCLUSIVELY IN CITY OR ITS
CONTRACTORS", TO PROVIDE ROLL-OFF COLLECTION IS ALSO
EXCLUSIVE TO THE CITY'S CONTRACTOR; BY AMENDING SECTION
51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE
AND TRASH", SUBSECTION (13), "REAR-DOOR/SIDE-DOOR SERVICE",
TO SPECIFICY THE DAY FOR VEGETATION COLLECTION; BY
DELETING SECTION 51.21, "COMMERCIAL LANDSCAPE OR LAWN
MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH
COIJ.ECTION"; BY AMENDING SECTION 51.22, "VEGETATIVE WASTE",
TO SPECIFY A COLLECTION DAY AND PROVIDE THAT VEGETATIVE
WASTE MAY NOT BE CO-MINGLED; BY AMENDING SECTION 51.45,
"CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE FOR THE
ADDITION OF ROLL-OFF CONTAINERS INTO THE CITY'S FRANCHISE
AGREEMENT; BY AMENDING SECTION 51.70, "REGULAR CHARGES
LEVIED", SUBSECTION (C), "COMMERCIAL", TO CLARIFY THE
SERVICES AND RATES CHARGED; BY AMENDING SECTION 51.71,
"PAYMENT AND BILLING", TO CLARIFY THE BILLING FOR MULTI-
FAMILY; BY AMENDING SECTION 51.72, "METHOD OF BIIJ.ING FOR
CHARGES", TO CLARIFY THE BILLING FOR MULTI-FAMILY;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City entered into a franchise agreement with BFI on September 20, 2001
for solid waste collection services; and
WHEREAS, the City Commission wishes to amend the City's Code of Ordinances on solid
waste collection to provide consistency between the Franchise Agreement and the City's Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 51, "Garbage and Trash", Section 51.01, "Definitions", of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
Section 51.01 DEFINITIONS.
To the extent the definitions contained herein conflict with similar definitions contained in
any federal, sate or local law, the definition herein shall prevail.
Biohazardous or Biomedical Wastes: shall mean those wastes which may cause disease
or reasonably be suspected of harboring pathogenic or~nisms; included, but not limited to, waste
resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which
may consist of, but are not limited to, diseased human and animal parts, contaminated bandages,
patholo~cal specimens, hypodermic needles, contaminated clothing and surgical gloves.
Biglo~cal Waste: Shall mean solid waste that causes or has the capability of causing
disease or infection and includes, but is not limited to, biohazardous waste, diseased or dead animals,
and other waste capable of transmitting pathogens to humans or animals.
Bulk Trash: Shall mean any non-vegetative item which cannot be containerized, bagged or
bundled including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, pool
heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other
similar appliances, household goods, furniture, large boxes, barrels and crates, and shall not be
commingled with vegetative waste or any other type of refuse.
City: The City of Dekay Beach, Florida, or the City's authorized agents or contractors.
City. Manager:
designee.
Shall mean the City Manager of the City of Delray Beach or his/her
Collection: Shall mean the process whereby solid waste, garbage, trash, bulk trash,
vegetative waste or recyclable material is removed and transported to a Designated Facility.
2 Ord. No. 15-02
Commercial Trash: Shall mean any and all accumulations of paper, rags, excdsior or other
packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other
accumulation not included under the definition of garbage, generated by the operation of stores,
offices, and other business places. Commercial trash shall include furniture if properly
containerized. Commercial trash shall not include Special Waste.
onstruc on an emo on e s: ..... ~canma .............................. to
· :__~ ~y ,t.~ r~ ........... a rt. ..... ~ ~ '~~ * r' shall mean materials ~enerallv considered to be
not water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick,
concrete, roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction
of a structure as part of a construction or demolition project.
Contractor or Vendor:
BFI Waste Systems of North America, Inc.
DePartment: Shall mean the Florida Depamnent of Environmental Protection.
Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer
facility designated by the Solid Waste Authority or the City Manager.
Disposal Costs; Shall mean the "tipping fees" or landfill costs charged to the Contractor
by others for disposal of the waste collected by the Contractor.
Dwelling_ Unit: One or more rooms connected together, designated to be occupied by one
family, constituting a separate, independent housekeeping establishment and physically separated
from any other dwelling unit which may be in the same structure, and which contains independent
sanitation, living, cooking and sleeping faciliues.
r_G_i!Lb_i!g~ Shall mean all putrescible waste which generally includes but is not limited to
kitchen and table food waste, animal, vegetattve, food or any organic waste that is attendant with or
results from the storage, preparation, cooking or handling of food materials whether attributed to
id fi I ial fivifi
res en a or commerc ac es.
;amc cc.~2ccSc, n. Garbage shall not include any material that falls within the definition of Special
Waste.
Garbage Receptacle: Shall mean any commonly available light gauge steel, plastic or
galvanized receptacle of a non-absorbent material, closed at one end and open at the other,
furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty,
securely tied, plastic bag designed for use as a garbage receptacle. Any Garbage receptacles
....... ~ or waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in
3 Ord. No. 15-02
.... t.-.... Rollout containers provided by the City may be 32, 68 or 95 gallon size containers.
Hazardous Waste: Shall mean solid waste as defined by the State of Florida Depathiient
of Environmental Regulations as a hazardous waste in the State of Florida Administrative Code, or
by any future legislative action or by federal, state or local law.
Industrial Wastes: Shall mean any and all debris and waste products generated by
manufacturing, food processing (except in restaurants and homes), land clearing, and commercial
shrubbery or tree cuttings, building construction or alteration (except residential do-it-yourself
projects) and public works type construction projects whether performed by a government unit or
by contract.
Litter: See Chapter 98 of the Code of Ordinances of the City of Delray Beach.
Loading_ and Unloading Area: Any loading or unloading space or area used by any
moving vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities,
and persons.
Loose Refuse: Any refuse, either garbage or household trash stored in and collected from
any type of container other than a mechanical container or garbage ca.'~ receptacle related to multiple
family dwellings or the designated facility. Refuse that is collected from the ground is considered
loose refuse.
Mechanical Container: Shall mean and include any detachable metal or plastic container
designed or intended to be mechanically dumped into a loader/packer type of garbage truck used by
the Contractor and includes any motorized or electrical compactor of ten (10) yards capacity or less.
Mechanical containers may be constructed of plastic. Further, all mechanical containers must be
uniform in color, have doseable lids, and be free of any advertising or other information other than
an 8-1/2" x 11" sticker with the name, address and telephone number of the Contractor.
Multiple Dwelling Units: Shall mean any building containing five (5) or more permanent
living units, not including motels and hotels.
Parking_ Lots: Commercial and public lots designed for the parking of any vehicles with the
exception of residential parking.
Person: Any natural person, owner, agent, corporation,
receiver, guardian, trustee, executor, administrator, fiduciary,
representative or group of individuals or entitles of any kind.
partnership, association, firm,
occupant, lessee, tenant, or
4 Ord. No. 15-02
Premises: Lots, sidewalks, alleys, rights-of-way, grass strips, and curbs up to the edge of the
pavement of any public thoroughfare.
Private Property: Property owned by any person as defined in this section, including, but
not limited to, yards, grounds, driveways, entrance or passage ways, parking areas, storage areas,
vacant land, or body of water. For the purpose of this chapter, "Private Property" owners are
required to maintain rights-of-way up to the edge of the pavement of any public thoroughfare.
Public Property: Any area that is used or held out to be used by the public, whether owned
or operated by a public interest, including, but not limited to, highways, streets, alleys, parks,
recreation areas, sidewalks, grass strips, medians, curbs, or rights-of-way up to the edge of the
pavement of any public thoroughfare of body of water.
Recy¢lable Materials: Shall mean newspapers (including inserts), magazines and catalogs,
aluminum containers, aluminum foil and pie plates, plastic containers, glass bottles and jars,
corrugated cardboard, brown paper bags, waxed paper, drink boxes, milk and juice cartons and other
solid waste materials added upon agreement between the SoLid Waste Authority and the Contractor,
when such materials have been either diverted from the remaining solid waste stream or removed
prior to their entry into the remaining solid waste stream.
Recycling: Shall mean any process by which solid waste, or materials which otherwise
become solid waste, are collected, separated or processed and reused or returned to use in the form
of raw materials or products.
Refuse: Shall mean commercial trash, household trash and garbage or a combination of
mixture of commercial trash, household trash and garbage, including paper, glass, metal and other
discarded matter, excluding commercial recyclable materials.
Residential Do-It-Yourself Projects: Minor residential repairs done exclusively by the
homeowner.
Residential Service: Shall herein refer to the refuse, recycling and vegetative waste
collection service provided to persons occupying residential dwelling units within the City who are
not receiving commercial or multi-family services. This would include single family homes,
duplexes, triplexes, quadplexes and mobile homes.
R011off Collection Service: Shall mean the collection of construction and demolition
debris using open top rolloff containers within temporary locations in the City, limited to new
construcuon sites and remodeling or refurbishment sites. Rolloff collection service shall also mean
the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only
when the customer chooses to use open top rolloff containers for horticultural or agricultural waste,
5 Ord. No. 15-02
and horticultural and agricultural waste shall not include any other type of waste, including, but not
limited to, Special Waste, Garbage or Recyclable Materials.
Roll-Out Carts: Carts that are either a 32, 68 or 95 gallon (approximate) wheeled container
of a type approved by the City Manager or his designee, and shall be equipped with wheels and a lid.
Sludge: Includes the accumulated solids, residues and precipitates generated as a result of
waste treatment or processing, including wastewater treatment, water supply treatment, or operation
of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease
traps, privies, or similar waste disposal appurtenances.
Special Waste: Shah mean solid or liquid wastes that require special handling and
management, which are not accepted at a landfill or other disposal facility or which are accepted at a
landfill or other disposal facility at higher rates than is charged for refuse, including, but not limited
to, asbestos, whole fires, automobiles, boats internal combustion enLfines, non-automobile fires,
sludge, dead animals, septic tank waste, hazardous waste, used off, lead-acid batteries, and
biohazardous or biomedical wastes.
Trash: Shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes
and containers, sweepings, broken toys, tools, utensils, and all other accumulations of a similar
nature other than garbage, which are usual to housekeeping and to the operation of stores, offices
and other business places, but shall not include vegetative waste.
Vegetative Waste: Shall mean any vegetative matter resulting from yard and landscaping
maintenance and shall include materials such as tree and shrub materials, grass clippings, palm
fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the care
of lawns, landscaping and yards. All grass chppings, leaves, pine needles, and similar small loose
items must be bagged or containerized. Vegetative waste, except palm fronds, must be no more
than six (6) feet in length and no single ~tem shall weigh more than 50 pounds. Natural Christmas
trees shall be considered vegetative waste and will be collected if they are not more than 8 feet in
length and we~h less than 50 pounds. Vegetative waste does not include any form of matter or
debris resulting from trcc ....... ~ land cleating; or land development, c,r ...............,~,,oL,. ~ u .....
Section 2. That Chapter 51, "Garbage and Trash", Section 51.15, "Garbage and Trash
Collection Reserved Exclusively in City or its Contractors", of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.15 CP~.P.OAGE P~.TD TP.P~H REFUSE COLLECTION RESERVED
EXCLUSIVELY IN CITY OR ITS CONTRACTORS.
6 Ord. No. 15-02
The governmental function of collection, removal and disposition of all~,'~"*~s'---'~- ....... and ~L,O.t~
rolloff containers and refuse within the municipal limits of the City is exclusively vested in the
municipal government of the City or its contractors, and all other individuals, persons, firms, or
corporations are specifically and expressly prohibited from engaging in that practice or business
within the corporate limits of the City and from utilizing the publicly dedicated streets, alleys and
other thoroughfares for those purposes.
Section 3. That Chapter 51, "Garbage and Trash", Section 51.18, "Types of Services
Provided for Picking up Garbage and Trash", Subsection (B), "Rear-door/side-door service", of the
Code of Ordinances of the City of Dekay Beach, Florida, be, and the same is hereby amended to
read as follows:
Section 51.18 TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND
TRASH.
(B) Rear-door/side-door service.
(1) For the residential area of the City located east of the Intracoastal Watenvay,
Spanish Wells and Sherwood Park, garbage and trash shall be collected at least twice each week on
regular schedules and routes as determined by the City or ~ts contractor from the rear, side or front
of and adjacent to the sewed residences, at locations reasonably accessible to the City or its
contractor.
(2) All vegetative waste and bulk trash shall be placed adjacent to the pavement
or traveled way of the street, in containers or bundles less than 50 pounds each and with no
dimension over six feet each_., and '&v.n Vegetative waste shall be collected on Gnc af ~c ackc. d"~cd
__.t. ..... ,,~:__ a .... the fn:st scheduled collection day of the week.
Section4. That Chapter 51, "Garbage and Trash", Section 51.21, "Commercial
Landscape or Lawn Maintenance Business; Responsibility for Trash Collection", of the Code of
Ordinances of the City of Dekay Beach, Florida, be, and the same is hereby deleted in its entirety.
DC'e'D/"YlkTeTTITT T"1'%~ C/~D "rD A et._T ~'CYT · C"/"'I'~T/~'KT
7 Ord. No. 15-02
Section 5. That Chapter 51, "Garbage and Trash", Section 51.22, "Vegetative Waste",
of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
Section 51.22 VEGETATIVE WASTE.
Vegetative waste shall be collected from residential areas ~'
d ~ ,L ..... d ............ th fir fi d
.............. s ........ on e stcollec on ay
of the week. Collection shall begin no earlier than 6:00 a.m. and cease no later than 6:00 p.m.
Vegetative waste shall be placed adjacent to the pavement or travel way of the street/alley.
Residents shall bag or containerize all grass clippings, leaves, pine needles and sin-nlar loose items
whenever possible. Large vegetative waste items must not be more than six (6) feet in length or fifty
(50) pounds in weight, and shall be placed neatly at the curb. Vegetative waste shall not be co-
mingled with trash or garbage. In the event of a dispute between the contractor and a customer as
to what constitutes vegetative waste, the situation will be reviewed and decided by the City Manager,
whose decision shall be final.
Section 6. That Chapter 51, "Garbage and Trash", Section 51.45, "Construction and
Demolition Sites", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows:
Section 51.45 CONSTRUCTION AND DEMOLITION SITES.
It shall be unlawful for any construction or demolition contractor to fail to provide onsite
suitable receptacles, bulk containers or detachable containers for loose debris, paper, building
material waste, scrap building material and other trash produced by those working on the site. All
material shall be containerized by the end of each day, and the site shall be kept in a reasonably clean
and litter-free condition. The number of receptacles, bulk containers or detachable containers shall
be determined by the City Manager. Construction sites shall be kept reasonably clean and orderly at
all times. When roll-off containers are used they shall be obtained from the City's Contractor. In
the event a person or entity has entered into an agreement for the use of a roll-off container with
another waste collection company prior to the effecuve date of this Ordinance, the other company
shall be allowed to provide roll-off collection service untd the expiration of the a~eement.
Section 7. That Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges
Levied", Subsection (C), "Commercial", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 51.70 REGULAR CHARGES LEVIED.
(C) Commercial
8 Ord. No. 15-02
(1) Commercial customers shall use mechanical containers or rollout carts.
Commercial customers shall include all customers other than residential or multi-family customers.
Commercial customers may use any of the following containers for accumulation of refuse:
(a) Rollout carts. The City shall require any commercial customer
needing more than six (6) rollout carts to use mechanical containers, if feasible.
(b) Mechanical containers.
(2) The owners/operators of commercial establishments and other commercial
customers shall accumulate such refuse in those locations mutually agreed upon by the
owner/operator and the City or its contractor, and which are convenient for collection by the City
or its contractor.
(3) Containers emptied by mechanical means shall be provided by the City or its
contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer
and the City or its contractor, but not less than one day a week -~ ..'-.c. zc '~- ~ ~:" a .......... ~
(4) Commercial customers needing six (6) or less rollout carts, and those
approved for this type of service by the City in advance because they lack a suitable location for a
mechanical container shall be serviced at least once per week. All garbage and commercial trash
shall be collected from such refuse containers at location agreed to between the City or its
contractor and the customer. The charge shall be based upon the following schedule:
Commercial Rates (Monthly.)
Contailler
Size
Container Pickup Frequency (Per Week)
2yd I _2 3 4 5_ 6 7
Collection $10.83 $21.65 $32.48 $43.30 $54.13 $64.95 $75.78
Disposal 16.28 32.56 48.84 65.12 81.40 97.68 113.97
Container
Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40
Total-
Contractor Fees 45.21 71.01 96.82 122.62 148.43 174.24 209.15
Franchise
9 Ord. No. 15-02
Fees (50/o)
Total Fees
3 yd
Collection
Disposal
Container
Maintenance Fee
Total
Contractor Fees
Franchise
Fees (50/0)
Total Fees
Container
Size
4 yd
Collection
Disposal
Container
Maintenance Fee
Total
Contractor Fees
Franchise
Fees (5%)
Total Fees
2.33 3.68
$48.84 $77.29
5.04 6.39 7.75 9.10 10.46
$105.76 $134.21 $162.68 $191.13 $219.61
$16.24 $32.48 $48.71 $64.95 $81.19 $97.43
24.42 48.84 73.26 97.68 122.11 146.53
$113.66
170.95
21.44 21.44 21.44 21.44 21.44 21.44 4940
21.44
$62.10 $102.76
$143.41 $184.07 $224.74 $265.40 ~anA n~
306.05
3.11 5.14 7.17 9.20 11.24 13.27 15.20
15.30
$65.21 $107.90 $150.58 $193.27
$235.98 $278.67 .~an ~a
321.35
Container Pickup Frequency (Per Week)
! 2 3 4
$21.65 $43.30 $64.95
32.56 65.12 97.68
$86.60 $108.25 $129.90 $151.55
130.25 162.81 195.37 227.93
22.21 22.21 22.21 22.21 22.21 22.21 22.21
$76.42 $130.63 $184.84 $239.06 $293.27 $347.48 $401.69
3.82 6.53 9.24 11.96 14.66 17.37 20.08
$80.24 $137.16 $194.08 $251.01 $307.93 $364.85 $421.77
10 Ord. No. 15-02
6 yd
Collection
Disposal
Container
Maintenance Fee
Total
Contractor Fees
Franchise
Fees (5O/o)
Total Fees
$32.48
48.84
$64.95 $97.43 $129.90 $162.38 $194.85
97.68 146.53 195.37 244.21 293.05
25.53 25.53 25.53 25.53 25.53 25.53
$106.85 $188.16 $269.49 $350.80 $432.12 $513.43
5.34 9.41 13.47 17.54 21.61 25.67
$112.19 $197.57 $282.96 $368.34 $453.73 $539.10
11 Ord. No. 15-02
Container
Size
Container Pickup Frequency (Per Week)
8 yd 1 2 _3 _4 _5 fi
Collection $43.30 $86.60 $129.90 $173.20 $216.50 $259.80
Disposal 65.12 130.25 195.37 260.49 352.62 390.74
Container
Maintenance Fee
27.09 27.09 27.09 27.09 27.09 27.09
Total
Contractor Fees
_7
$303.10
455.86
Franchise
Fees (5%)
27.09
Total Fees
$135.51 $243.94 $352.36 $460.78 $569.21 $677.63 $786.05
2yd
6.78 12.20 17.62 23.04 28.46 33.88
$142.29 $256.14 $369.98 $483.82 $597.67 $711.51
Commercial Front-Load Compacting Containers
1 2 3
3yd
Collection
Disposal
Total Contractor Fee
Franchise Fee (5o/o)
Total Fees
$50.67
183.19
233.86
11.69
$245.55
5yd
Collection
Disposal
Total Contractor Fee
Franchise Fee (5¥0)
Total Fees
$16.89
61.08
77.97
3.90
$81.87
$126.66
457.91
584.57
29.23
$613.80
Collection
Disposal
Total Contractor Fee
Franchise Fee (50/0)
Total Fees
6yd Collection
$42.21
152.62
194.83
9.74
$204.57
39.30
$825.35
$202.64
12 Ord. No. 15-02
Disposal
Total Contractor Fees
Franchise Fee (5%)
Total Fees
Commercial/Multi-Family Rolloff Containers:
732.64
935.28
46.76
$982.04
Open-top rolloff container
$93.00 per pickup plus disposal cost
Compactors
$93.00 per pickup plus disposal
cost;
Excludes commercial recyc ................ , ..................
95-Gallon Cart Service
Pickups
Per Week Collection* Disposal Container Monthly Charge Fr. Fee Total Fee
1 $2.65 $8.14 $2.00 $12.79 $0.64 $13.43
2 5.30 16.28 2.00 23.58 1.18 24.76
3 7.95 24.42 2.00 34.37 1.72 36.09
4 10.60 32.56 2.00 45.16 2.26 91.09
5 13.25 40.70 2.00 55.95 2.80 58.75
6 15.90 48.84 2.00 66.74 3.34 70.08
NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is
the anticipated Solid Waste Authority tipping fee to be effective October 1, 2001.
Section 8. That Chapter 51, "Garbage and Trash", Section 51.71, "Payment and
Billing", of the Code of Ordinances of the C~ty of Delray Beach, Florida, be, and the same ~s hereby
amended to read as follows:
13 Ord. No. 15-02
Section 51.71 PAYMENT AND BILLING
(A) Compensation: The City shall pay the Contractor compensation for the
performance of the contract, the sums due as set forth in Section 51.70, subject to any conditions or
deductions as provided under the contract. Contractor shall submit an invoice by the l0th of each
month for residential services rendered during the preceding month, and payments will be made to
the Contractor withm thirty (30) days upon receipt and verification of the invoice submitted.
c~--a .....~ ....... :-~ ~-":~ fly by
..... ~ ........................ Service to commercial customers will be billed direc the
Contractor in accordance with the Schedule of Rates set forth tn Sect. ton 51.70, subject to any
conditions or deductions as provided under this agreement.
CB) Billing_ Procedures: Billing arrangements for the various service types are
summarized as follows:
Service Type
Customer Billed By
Solid Waste Collection
Residential & Multi-Family
Commercial ~
City
Contractor
Vegetative Waste Collection
Residential
City
Recyclable Materials Collection
Residential & Multi-Family
Commercial ~
City
Contractor
C tain R tal/P h __a r- .... :-~.c-~:-, e~-.:_~_
on er en usc ase ,,..,~ ,~,.,.,~,,.~ ~.e,,...,~, ~ ......
Residential & Multi-Family City
Commercial ~- x~..,,: ~A_:,.. Contractor
Container Soecial Services
Residential, Multi-Family & Commercial
Contractor
On the first day of each month the contract payment(s) for all services hereunder shall be adjusted
to correspond with the occupancy of existing or new buildmgs, and the demoliuon of old buildings.
The adjustment made on the f~rst day of each month shall be for buildings either occupied or
demolished during the second month preceding the adjustments. For example, any change which is
made on June 1 of any year will be for buildings occupied or demolished in April of the subject year.
Any existing unit shall be considered unoccupied whenever the City has temporarily terminated
water service, at the customer's request only. Any new umt shall be considered to be occupied when
14 Ord. No. 15-02
a certificate of occupancy has been issued and water service has been provided to the unit's
occupant(s). Proof of demolition shall be demolition permits issued by the Building Department.
(C) Disposal Costs: Residential and multi-family solid waste disposal costs shall not be
included wxth residential and multi-family collection service costs. Residential and multi-family
disposal costs will be billed by the Solid Waste authority of Palm Beach County by non-ad valorem
assessment. The Contractor will be given a disposal credit for each residential unit as calculated by
the Solid Waste Authority. However, the City shall not be responsible for disposal shortfall costs.
Part of the commercial disposal costs will be billed by the Solid Waste Authority by non-ad
valorem assessment. The non-assessment portion of the commercial disposal costs will be billed to
the commercial customers by the Contractor. The Contractor shall pay the Solid Waste Authority
for all solid waste disposal costs incurred and not paid through non-ad valorem assessment.
The Contractor shall bill commercial customers the appropriate fees as set forth in Section
41.70: (1) Container Monthly Maintenance Charge; (2) the Container Monthly Disposal Charge; and
(3) the Monthly collection and Hauling Fees with a franchise fee as determined by the city added.
The Contractor shall remit all franchise fees to the City on a monthly basis. The City shall not be
responsible for any disposal shortfall costs. However, the charge for disposal to the customer shall
increase or decrease in accordance with the charges for the Sohd Waste Authority.
Section 9. That Chapter 51, "Garbage and Trash", Section 51.72, "Method of billing for
Charges", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 51,72 METHOD OF BILLING FOR CHARGES.
The regular monthly charges for residential services as set forth in Section 51.70, or any
additional charges for special, additional or unusual services, shall be billed together with and as a
part of the monthly statement issued by the City for water services, at the same time as aH other
charges. Garbage and trash collection service charges shah be itemized separately on that statement.
However, the City's contractor shah bill the commercial customers zccc~;';ng .......... : ....
....... :~ .... :-^ as set forth m Section 51.70, the monthly service charges for that service. Tbas
may include a late fee in the amount of 1.5% of the unpaid balance for delinquent accounts
........ s ....... ~ av.~ of commercial .... :~-
.... __ o,.,..,.,~ customers.
15 Ord. No. 15-02
Secnon 10. 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 11. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 12. That this ordinance shall become effective immediately upon its passage on
second and final reading.
4~ PASSEI~.AND ADOPTED in regular session on second and final reading on this the
City Clerk
First Reading~~/~
Second Rea~e ~
MAYOR
16 Ord. No. 15-02
~1~' Caerm~a:~ ~ I00 N.W.
~ ~ENDI~ ~ 51 15,
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~,
AGENDA ITEM # I t}~>. REGULAR MEETING OF JUNE 4, 2002
ORDINANCE NO. 15-02 (AMENDING CHAPTER 51 "GARBAGE AND
TRASH")
DATE: MAY 31, 2002
This ordinance is before Commission for second reading and public hearing to amend Chapter 51
"Garbage and Trash" of the Code of Ordinances to bring our Code into conformity with our
franchise agreement with BFI and with state laws.
At the first reading on May 21, 2002, Commission unanimously approved this ordinance.
Recommend approval of Ordinance No. 15-02 on second and final reading.
S'\C~ty Clerk\chevelle folder\agenda memo. Ord 15 02Garbage 06.04.02 doc
£1TY OF DELRI:IY BEI:II:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct L~ne 561/243-7091
1993 DATE: May 16, 2002
MEMORANDUM
TO:
FROM:
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Modifications to Chapter 51
The attached ordinance modifies Chapter 51 of the Code of Ordinances regarding
garbage and trash collection to provide consistency between the Code of
Ordinances and the franchise agreement entered into between the City and BFI.
The major changes to the ordinance concern the definitions of certain terms, billing
procedures, and the inclusion of rolloff containers into the franchise agreement.
I have made the changes you requested as a result of our last meeting.
Regarding your question concerning the definition of "Construction and Demolition
Debris", the revised definition mirrors what is found in the franchise agreement.
The reference to F.A.C. 17-7, in the current definition, is no longer applicable, as
Florida Statute Section 403.703 provides for the definition of "Construction and
Demolition Debris", and to a large extent mirrors the revised definition in the
proposed ordinance. If this ordinance meets with your approval please place it on
the May 21, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
Joe Safford, Finance Director
Rich Bauer, Code Enforcement Administrator
ORDINANCE NO. 15-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASIff',
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.01, "DEFINITIONS", TO CI.ARIFY CERTAIN
DEFINITIONS; BY AMENDING SECTION 51.15, "GARBAGE AND TRASH
COLLECTION RESERVED EXCLUSIVELY IN CITY OR ITS
CO~CTORS", TO PROVIDE ROLL-OFF COLLECTION IS ALSO
EXCLUSIVE TO THE CITY'S CONTRACTOR; BY AMENDING SECTION
51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE
AND TRASH", SUBSECTION (B), "REAR-DOOR/SIDE-DOOR SERVICE",
TO SPECIFICY THE DAY FOR VEGETATION COLLECTION; BY
DELETING SECTION 51.21, "COMMERCIAL LANDSCAPE OR LAWN
MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH
COLLECTION"; BY AMENDING SECTION 51.22, "VEGETATIVE WASTE",
TO SPECIFY A COLLECT/ON DAY AND PROVIDE THAT VEGETATIVE
WASTE MAY NOT BE CO-MINGLED; BY AMENDING SECTION 51.45,
"CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE FOR THE
ADDITION OF ROLL-OFF CONTAINERS INTO THE CITY'S FRANCHISE
AGREEMENT; BY AMENDING SECTION 51.70, "REGULAR CHARGES
LEVIED", SUBSECTION (C), "COMMERCIAL", TO CI.ARIFY THE
SERVICES AND RATES CHARGED; BY AMENDING SECTION 51.71,
"PAYMENT AND BILLING", TO t I.ARIFY THE BILLING FOR MULTI-
FAMILY; BY AMENDING SECTION 51.72, "METHOD OF BILLING FOR
CHARGES", TO ti.ARIFY THE BILLING FOR MULTI-FAMILY;
PROVIDING A SAVING ti.AUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City entered into a franchise agreement with BFI on September 20, 2001
for solid waste collection services; and
WHEREAS, the City Commission wishes to amend the City's Code of Ordinances on solid
waste collection to provide consistency between the Franchise Agreement and the Gty's Code of
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 51, "Garbage and Trash", Section 51.01, "Definitions", of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
Section 51.01 DEFINITIONS.
To the extent the definitions contained herein conflict with similar definitions contained in
any federal, sate or local law, the definition herein shall prevail.
Biohazardous or Biomedical Wastes: shall mean those wastes which may cause disease
or reasonably be suspected of harboring pathogenic organisms; included, but not limited to, waste
resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which
may consist of, but are not limited to, diseased human and animal parts, comaminated bandages,
pathological specimens, hypodermic needles, contaminated clothing and surgical gloves.
Biological Waste: Shall mean solid waste that causes or has the capability of causing
disease or infection and includes, but is not limited to, biohazardous waste, diseased or dead animals,
and other waste capable of transmitting pathogens to humans or animals.
Bulk Trash: Shall mean any non-vegetative item which cannot be containerized, bagged or
bundled including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, pool
heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other
similar appliances, household goods, furniture, large boxes, barrels and crates, and shall not be
commingled with vegetative waste or any other type of refuse.
City: The City of Delray Beach, Florida, or the City's authorized agents or contractors.
City Manager. Shall mean the City Manager of the City of Delray Beach or his/her
designee.
Collection: Shall mean the process whereby solid waste, garbage, trash, bulk trash,
vegetative waste or recyclable material is removed and transported to a Designated Facility.
2 Ord. No. 15-02
tk p p Lnt ^~ ....
Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other
packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other
accumulation not included under the definition of garbage, generated by the operation of stores,
offices, and other business places. Commercial trash shall include furniture if properly
containerized. Commercial trash shall not include Special Waste.
Construction and Demolition Debris: Sb~ ........ .:~ a~c_~a ...... ~ ~ ....: ....
t:m.c ..u~ ~-~v-~- 7, sha~ me~
b~ ....Dcpa~mcnt and ~ ..... 17 F.P~C ~tefi~ genem~y considered to ~
not ~ter soluble and non-ha~Mom N na~, hcludNg, but not ~md m, steel, gl~s, brick
conc~te, roofNg ~tefi~, pipe, ~sm ~board, and lmber from ~e construction or destruction
of a stmcm~ ~ pan of a comtmction or demo~fion project.
Contractor or Vendor:.
BFI Waste Systems of North America, Inc.
IC, .....
Department: Shall mean the Florida Department of Environmental Protection.
Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer
facility designated bythe Solid Waste Authority or the City Manager.
Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor
by others for disposal of the waste collected by the Comractor.
Dwelling Unit: One or more moms connected together, designated to be occupied by one
family, constituting a separate, independent housekeeping establishment and physically separated
from any other dwelling unit which may be in the same structure, and which contains independent
sanitation, living, cooking and sleeping facilities.
Garbage: Shall mean all putrescible waste which generally includes but is not limited to
kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or
results from the storage, preparation, cooking or handling of food materials whether attributed to
res e a orcommerc ac s. '~a .............................. ~,. ....... ~ .... ~ ......
~a..'~z cc~2cct~cn. Garbage shall not include any material that falls within the definition of Special
Waste.
Garbage Receptacle: Shall mean any commonly available light gauge steel, plastic or
galvanized receptacle of a non-absorbent material, closed at one end and open at the other,
furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty,
securely tied, plastic bag designed for use as a garbage receptacle. Av, y Garbage receptacles
:.M-A:-~ or waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in
3 Ord. No. 15-02
eemeieem. Rollout comakers provided bythe Citymaybe 32, 68 or 95 gallon size containers.
Hazardous Waste: Shall mean solid waste as defined by the State of Florida Department
of Environmental Regulations as a hazardous waste in the State of Florida Administrative Code, or
by any future legislative action or by federal, state or local law.
Industrial Wastes: Shall mean any and all debris and waste products generated by
manufacturing, food processing (except in restaurants and homes), land clearing, and commercial
shrubbery or tree cuttings, building construction or alteration (except residential do-k-yourself
projects) and public works type construction projects whether performed by a government unit or
by contract.
Litter:. See Chapter 98 of the Code of Ordinances of the City of Delray Beach.
Loading and Unloading Area: Any loading or unloading space or area used by any
moving vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities,
and persons.
Loose Refuse: Any refuse, either garbage or household trash stored in and collected from
any type of container other than a mechanical container or garbage can receptacle related to multiple
family dwellings or the designated facility. Refuse that is collected from the ground is considered
loose refuse.
Mechanical Container:. Shall mean and include any detachable metal or plastic container
designed or intended to be mechanically dumped into a loader/packer type of garbage truck used by
the Contractor and includes any motorized or electrical compactor of ten (10) yards capacity or less.
Mechanical containers may be constructed of plastic. Further, all mechanical containers must be
uniform in color, have closeable lids, and be free of any advertising or other information other than
an 8-1/2" x 11" sticker with the name, address and telephone number of the Contractor.
Multiple Dwelling Units: Shall mean any building containing five (5) or more permanent
living units, not including motels and hotels.
Parking Lots: Commercial and public lots designed for the parking of any vehicles with the
exception of residential parking.
Person: Any natural person, owner, agent, corporation, partnership, association, firm,
receiver, guardian, trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or
representative or group of individuals or entitles of any kind.
4 Ord. No. 15-02
Premises: Lots, sidewalks, alleys, rights-of-way, grass strips, and curbs up to the edge of the
pavement of any public thoroughfare.
Private Property: Property owned by any person as defined in this section, including, but
not limited to, yards, grounds, driveways, entrance or passage ways, parking areas, storage areas,
vacant hnd, or body of water. For the purpose of this chapter, "Private Property'.' owners are
required to maintain rights-of-way up to the edge of the pavement of anypublic thoroughfare.
Public Property:. Any area that is used or held out to be used by the public, whether owned
or operated by a public interest, including, but not limited to, highways, streets, alleys, parks,
recreation areas, sidewalks, grass strips, medians, curbs, or rights-of-way up to the edge of the
pavement of any public thoroughfare of body of water.
Recyclable Materials: Shall mean newspapers (including inserts), magazines and catalogs,
aluminum containers, aluminum foil and pie plates, plastic containers, glass bottles and jars,
corrugated cardboard, brown paper bags, mixed paper, drink boxes, milk and juice cartons and other
solid waste materials added upon agreement between the Solid Waste Authority and the Contractor,
when such materials have been either diverted from the remaining solid waste stream or removed
prior to their entry into the remaining solid waste stream.
Recycling: Shall mean any process by which solid waste, or materials which otherwise
become solid waste, are collected, separated or processed and reused or returned to use in the form
of mw materials or products.
Refuse: Shall mean commercial trash, household trash and garbage or a combination of
mixture of commercial trash, household trash and garbage, including paper, glass, metal and other
discarded matter, excluding commercial recychble materials.
Residential Do-It-Yourself Projects: Minor residential repairs done exclusively by the
holTleow12er.
Residential Service: Shall herein refer to the refuse, recycling and vegetative waste
collection service provided to persons occupying residential dwelling units within the City who are
not receiving commercial or multi-family services. This would include single family homes,
duplexes, triplexes, quadplexes and mobile homes.
Rolloff Collection Service: Shall mean the collection of construction and demolition
debris using open top rolloff containers within temporary locations in the City, limited to new
construction sites and remodeling or refurbishment sites. Rolloff collection service shall also mean
the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only
when the customer chooses to use open top rolloff containers for horticultural or agricultural waste,
5 Ord. No. 15-02
and horticultural and agricultural waste shall not include any other type of waste, including, but not
limited to, Special Waste, Garbage or Recyclable Materials.
Roll-Out Carts: Carts that are either a 32, 68 or 95 gallon (approximate) wheeled container
of a type approved bythe City Manager or his designee, and shall be equipped with wheels and a lid.
Sludge: Includes the accumulated solids, residues and precipkates generated as a result of
waste treatment or processing, including wastewater treatment, water supply treatment, or operation
of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease
traps, privies, or similar waste disposal appurtenances.
Special Waste: Shall mean solid or liquid wastes that require special handling and
management, which are not accepted at a landfill or other disposal facility or which are accepted at a
landfill or other disposal facility at higher rates than is charged for refuse, including, but not limited
to, asbestos, whole tires, automobiles, boats internal combustion engines, non-automobile tires,
sludge, dead animals, septic tank waste, hazardous waste, used oil, lead-acid batteries, and
biohazardous or biomedical wastes.
Trash: Shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes
and containers, sweepings, broken toys, tools, utensils, and all other accumulations of a similar
nature other than garbage, which are usual to housekeeping and to the operation of stores, offices
and other business places, but shall not include vegetative waste.
Vegetative Waste: Shall mean any vegetative matter resulting from yard and landscaping
maintenance and shall include materials such as tree and shrub materials, grass clippings, palm
fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the care
of lawns, landscaping and yards. All grass clippings, leaves, pine needles, and similar small loose
items must be bagged or containerized. Vegetative waste, except palm fronds, must be no more
than six (6) feet in len~d~ and no single kem shall weigh more than 50 pounds. Natural Christmas
trees shall be considered vegetative waste and will be collected if they are not more than 8 feet in
length and weigh less than 50 pounds. Vegetative waste does not include any form of matter or
debris resulting from ~ land clearing~ or land development, or v~tc gcncmtcd by
Section 2. That Chapter 51, "Garbage and Trash", Section 51.15, "Garbage and Trash
Collection Reserved Exclusively in City or its Contractors", of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 51.15 CP~A~E A~.D TP~.SCH REFUSE COLLECTION RESERVED
EXCLUSIVELY IN CITY OR ITS CONTRACTORS.
6 Ord. No. 15-02
The governmental function of collection, removal and disposkion of all ~.t. ..... .~ ~_.t.
rolloff containers and refuse within the municipal limits of the City is exclusively vested in the
municipal government of the City or its contractors, and all other individuals, persons, firms, or
corporations are specifically and expressly prohibited from engaging in that practice or business
within the corporate limits of the City and from utilizing the publicly dedicated streets, alleys and
other thoroughfares for those purposes.
Section 3. That Chapter 51, "Garbage and Trash", Section 51.18, "Types of Services
Provided for Picking up Garbage and Trash", Subsection (13), "Rear-door/side-door service", of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
Section 51.18 TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND
TRASH.
(B) Rear-door/side-door service.
(1) For the residential area of the City located east of the Intracoastal Waterway,
Spanish Wells and Sherwood Park, garbage and trash shall be collected at least twice each week on
regular schedules and mutes as determined by the City or its contractor from the rear, side or front
of and adjacent to the served residences, at locations reasonably accessible to the City or its
contractor.
(2) All vegetative waste and bulk trash shall be placed adjacent to the pavement
or traveled way of the street, in containers or bundles less than 50 pounds each and with no
dimension over six feet each_.~ Vegetative waste shall be collected on one af the :ckcd~cd
garbage ca~ccffon da3=. the first scheduled collection day of the week
Section4. That C~apter 51, "Garbage and Trash", Section 51.21, "Commercial
Landscape or Lawn Maintenance Business; Responsibility for Trash Collection", of the Code of
Ordinances of the City of DelrayBeach, Florida, be, and the same is hereby deleted in its entirety.
1~1~ ¢Oc~xTcTI:ITT tq*v I~c~I~ ~0 act-t COT t ECTTON
7 Ord. No. 15-02
Section 5. That Ohapter 51, "Garbage and Trash", Section 51.22, "Vegetative Waste",
of the Code of Ordinances of the Gty of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
Section 51.22 VEGETATIVE WASTE.
(A) Vegetative waste shall be collected from residential areas at.,....,~1 ........ ,,..,. ,--.~:--~ ~.cr -~1.,,~.~
~-~U~115 ~ d f ~ ti d ~ .... l:a ..... h firs II i day
....... c ,,.. e game ay,,o ~n~ c .k~
.... ,. ...... cc, ec an a;,: ............ on t e t co ect on
of the week. Collection shall begin no earlier than 6:00 a.m and cease no later than 6:00 p.m.
Vegetative waste shall be placed adjacent to the pavement or travel way of the street/alley.
Residents shall bag or containerize all grass clippings, leaves, pine needles and similar loose items
whenever possible. Large vegetative waste kems must not be more than six (6) feet in length or fifty
(50) pounds in weight, and shall be placed neatly at the curb. Vegetative waste shall not be co-
mingled with trash or garbage. In the event of a dispute between the contractor and a customer as
to what constitutes vegetative waste, the situation will be reviewed and decided by the City Manager,
whose decision shall be final.
Section 6. That Chapter 51, "Garbage and Trash", Section 51.45, "Construction and
Demolition Skes", of the Code of Ordinances of the City of DelrayBeach, Florida, be, and the same
is hereby amended to read as follows:
Section 51.45 CONSTRUCTION AND DEMOLITION SITES.
It shall be unlawful for any construction or demolition contractor to fail to provide onsite
suitable receptacles, bulk containers or detachable containers for loose debris, paper, building
material waste, scrap building material and other trash produced by those working on the site. All
material shall be containerized bythe end of each day, and the ske shall be kept in a reasonably clean
and litter-free condkion. The number of receptacles, bulk containers or detachable containers shall
be determined by the City Manager. Construction sites shall be kept reasonably clean and orderly at
all times. When roll-off containers are used they shall be obtained from the City's Comractor. In
the evem a person or emity has entered into an agreement for the use of a roll-off container with
another waste collection company prior to the effective date of this Ordinance, the other company
shall be allowed to provide roll-off collection service until the expiration of the agreement.
Section 7. That Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges
Levied", Subsection (C), "Commercial", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 51.70 REGULAR CHARGES LEVIED.
(C) Commercial
8 Ord. No. 15-02
.4'
(1) Commercial customers shall use mechanical containers or rollout carts.
Commercial customers shall include all customers other than residential or multi-family customers.
Commercial customers may use any of the following containers for accumulation of refuse:
(a) Rollout carts. The City shall require any commercial customer
needing more than six (6) rollout carts to use mechanical containers, if feasible.
(b) Mechanical containers.
(2) The owners/operators of commercial establishments and other commercial
customers shall accumulate such refuse in those locations mutually agreed upon by the
owner/operator and the City or its contractor, and which are convenient for collection by the City
or its contractor.
(3) Containers emptied by mechanical means shall be provided by the City or its
contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer
and the City or its contractor, but not less than one daya week ....... t.~. ~:.. ~.~ a .... ~-
(4) Commercial customers needing six (6) or less rollout carts, and those
approved for this type of service by the City in advance because they lack a suitable location for a
mechanical container shall be serviced at least once per week. All garbage and commercial trash
shall be collected from such refuse containers at location agreed to between the City or its
contractor and the customer. The charge shall be based upon the following schedule:
Commercial Rates (Monthly)
Container Pickup Frequency (Per Week)
2yd 1 _2 3 4 _5 6 7
Collection $10.83 $21.65 $32.48 $43.30 $54.13 $64.95 $75.78
Disposal 16.28 32.56 48.84 65.12 81.40 97.68 113.97
Container
Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40
Contractor Fees 45.21 71.01 96.82 122.62 148.43 174.24 209.15
9 Ord. No. 15-02
Fees (5%)
Total Fees
3ya
Collection
Disposal
Container
Maintenance Fee
Total
Contractor Fees
Franchise
Fees (5%)
Total Fees
Container
Size
4yd
Collection
Disposal
Container
Maintenance Fee
Total
Contractor Fees
Franchise
Fees (5%)
Total Fees
2.33 3.68
$48,84 $77.29
5.04 6.39 7.75 9.10 10.46
$105.76 $134.21 $162,68 $191,13 $219,61
$16.24 $32.48 $48.71 $64.95 $81.19 $97.43
24.42 48.84 73.26 97.68 122.11 146.53
$113.66
170.95
21.44 21.44 21.44 21.44 21.44 21.44 19a, 0
21.44
$62.10 $102.76 $143.41 $184.07 $224.74 $265.40 $30a,.01
306.05
3.11 5.14 7.17 9.20 11.24 13.27 15.20
15.30
$65.21 $107.90 $150,58 $193,27 $235,98 $278.67 ~
321,35
Container Pickup Frequency (Per Week}
1 _2 3 4 _5 _6 _7
$21.65 $43.30 $64.95 $86.60 $108.25 $129.90 $151.55
32.56 65.12 97.68 130.25 162.81 195.37 227.93
22.21 22.21 22.21 22.21 22.21 22.21 22.21
$76.42 $130.63 $184.84 $239.06 $293.27 $347.48 $401.69
3.82 6.53 9.24 11.96 14.66
$80,24 $137,16 $194,08 $251,01 $307,93
17.37 20.08
$364,85 $421.77
10 Ord. No. 15-02
6ya
Collection
Disposal
Container
Maintenance Fee
Total
Contractor Fees
Franchise
Fees (5%)
Total Fees
$32.48 $64.95 $97.43 $129.90 $162.38
48.84 97.68 146.53 195.37 244.21
$194.85
293.05
25.53 25.53 25.53 25.53 25.53 25.53
$106.85 $188.16 $269.49 $350.80 $432.12
5.34 9.41 13.47 17.54 21.61
$112.19 $197.57 $282.96 $368.34 $453.73
$513.43
25.67
$539.10
11 Ord. No. 15-02
Container
S~e
8yd
Collection $43.30
Disposal 65.12
Container
Maintenance Fee 27.09
Total
Contractor Fees $135.51
Franchise
Fees (5%) 6.78
Total Fees $142.29
2yd
5yd
6ya
Container Pickup Frequency (Per Week)
2_ _~ 4 _5 fi Z
$86.60 $129.90 $173.20 $216.50 $259.80 $303.10
130.25 195.37 260.49 352.62 390.74 455.86
27.09 27.09 27.09 27.09 27.09 27.09
$243.94 $352.36 $460.78 $569.21 $677.63 $786.05
12.20 17.62 23.04 28.46 33.88
$256.14 $369.98 $483.82 $597.67 $711.51
Commercial Front-Load Compacting Containers
1 2 3
Collection
Disposal
Total Contractor Fee
Franchise Fee (5%)
Total Fees
Collection
Disposal
Total Contractor Fee
Franchise Fee (5%)
Total Fees
Collection
Disposal
Total Contractor Fee
Franchise Fee (5%)
Total Fees
Collection
$16.89
61.08
77.97
3.90
$81.87
$50.67
183.19
233.86
11.69
$245.55
$42.21
152.62
194.83
9.74
$204.57
$126.66
457.91
584.57
29.23
$613.80
39.30
$825.35
$202.64
12 Ord. No. 15-02
Disposal
Total Contractor Fees
Franchise Fee (5%)
Total Fees
Commercial/Multi-Family Rolloff Containers:
732.64
935.28
46.76
$982.04
Open-top rolloff container
$93.00 per pickup plus disposal cost
Compactors
$93.00 per pickup plus disposal cost;
l)I T 112 ~^~-kl ..... ~-~ ..... ~-~1
!SYard $250.00
30Yard 3~5.00
~0Ya~ 395.00
Excludes commercial recycling
95-Gallon Cart Service
Pickups
Per Week Collection* Disposal Container Monthly Charge Fr. Fee Total Fee
1 $2.65 $8.14 $2.00 $12.79 $0.64 $13.43
2 5.30 16.28 2.00 23.58 1.18 24.76
3 7.95 24.42 2.00 34.37 1.72 36.09
4 10.60 32.56 2.00 45.16 2.26 91.09
5 13.25 40.70 2.00 55.95 2.80 58.75
6 15.90 48.84 2.00 66.74 3.34 70.08
NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is
the anticipated Solid Waste Authority tipping fee to be effective October 1, 2001.
Section8. That Chapter 51, "Garbage and Trash", Section 51.71, "Payrnem and
Billing", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
13 Ord. No. 15-02
Section 51.71 PAYMENT AND BILLING
(A) Compensation: The City shall pay the Contractor compensation for the
performance of the contract, the sums due as set forth in Section 51.70, subject to any conditions or
deductions as provided under the contract. Contractor shall submit an invoice by the 102 of each
month for residential services rendered during the preceding month, and payments will be made to
the Contractor within thirty (30) days upon receipt and verification of the invoice submitted. ~.,{--1,~d
~-:~-"----v .... "--'~a ~v........~....:~ ~.~-~..~o Service to commercial customers will be billed directly by the
Contractor in accoMance with the Schedule of Rates set forth in Section 51.70, subject to any
conditions or deductions as provided under this agreement.
(B) Billing Procedures: Billing arrangements for the various service types are
summarized as follows:
Service Type
Customer Billed By
Solid Waste Collection
Residential & Multi-Family
Commercial & ~a,,h-: ~:1..
Gty
Contractor
Vegetative Waste Collection
Residential City
Recychble Materials Collection
Residential & Multi-Family
Commercial & M--1..t: Faway
Gty
Contractor
Container Rental/Purchase and r-.......~,....,..:.~. SpccN ~,~.c~-':"~°, .~o
Residential & Multi-Farnily City
Commercial & ~a.,u: ~:u. Contractor
Container Special Services
Residential, Multi-Family & Commercial
Contractor
On the first day of each month the contract payment(s) for all services hereunder shall be adjusted
to correspond with the occupancy of existing or new buildings, and the demolition of old buildings.
The adjustment made on the first day of each month shall be for buildings ekher occupied or
demolished during the second month preceding the adjustments. For example, any change which is
made on June 1 of any year will be for buildings occupied or demolished in April of the subject year.
Any ex/sting unit shall be considered unoccupied whenever the City has temporarily terminated
water service, at the customer's request only. Any new unit shall be considered to be occupied when
14 Ord. No. 15-02
a certificate of occupancy has been issued and water service has been provided to the unit's
occupant(s). Proof of demolition shall be demolition permits issued by the Building Department.
(C) Disposal Costs: Residential and multi-family solid waste disposal costs shall not be
included with residential and multi-family collection service costs. Residential and multi-family
disposal costs will be billed by the Solid Waste authority of Palm Beach County by non-ad valorem
assessment. The Contractor will be given a disposal credk for each residential unit as calculated by
the Solid Waste Authority. However, the City shall not be responsible for disposal shortfall costs.
Part of the commercial disposal costs will be billed by the Solid Waste Authority by non-ad
valorem assessmem. The non-assessment portion of the commercial disposal costs will be billed to
the commercial customers by the Contractor. The Contractor shall pay the Solid Waste Authority
for all solid waste disposal costs incurred and not paid through non-ad valorem assessment.
The Comractor shall bill commercial customers the appropriate fees as set forth in Section
41.70: (1) Container Monthly Maintenance Charge; (2) the Container Monthly Disposal Charge; and
(3) the Monthly collection and Hauling Fees with a franchise fee as determined by the city added.
The Contractor shall remit all franchise fees to the City on a monthly basis. The City shall not be
responsible for any disposal shortfall costs. However, the charge for disposal to the customer shall
increase or decrease in accordance with the charges for the Solid Waste Authority.
Section 9. That Chapter 51, "Garbage and Trash", Section 51.72, "Method of billing for
Charges", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 51.72 METHOD OF BILLING FOR CHARGES.
The regular monthly charges for residential services as set forth in Section 51.70, or any
additional charges for special, additional or unusual services, shall be billed together with and as a
part of the monthly statement issued by the City for water services, at the same time as all other
charges. Garbage and trash collection service charges shall be itemized separately on that statement.
However, the City's contractor shall bill the commercial customers recci;~-:g ~;'A~d faway ara
....... :~ .... :~^ as set forth in Section 51.70, the monthly service charges for that service. This
may include a late fee in the amount of 1.5% of the unpaid balance for delinquent accounts
........~^:..: ..... ~, ..... w~ fa.'r~y and _of commercial ~ customers.
15 Ord. No. 15-02
Section 10. 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 11. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 12. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2002.
ATTEST
MAYOR
First Reading.
Second Reading
16 Ord. No. 15-02