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Ord 08-99 ORDINANCE NO. 8-99 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 51.22, "VEGETATIVE WASTE", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.23, "BULK TRASH", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.40, "PLACEMENT OF ' CONTAINERS AND TRASH; PRECOLLECTION PRACTICES", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.99, "PENALTY", TO CLARIFY THE PENALTY FOR A VIOLATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to clarify portions of this ordinance concerning collection and set out times for garbage and trash; and WHEREAS, the City Commission desires to clarify the fees charged for violations of this Chapter. 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 51.22, "Vegetative Waste", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.22 VEGETATIVE WASTE. (A) Vegetative waste shall be collected from t~_e residences residential areas at least one time per week and shall be on the same day as one of the collection days for solid waste. 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 traveled 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 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. 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. (B) At the request of the City or at the request of a resident, the contractor shall collect vegetative waste on a day other than the regular scheduled collection day at a cost to the resident equal to $11.50 per cubic yard. The contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. Upon receipt of payment, the contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the contractor and the resident regarding the amount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the contractor and the resident. (C) If vegetative waste is placed adjacent to the pavement or travel way of the street/alley at time periods or at locations outside of those allowed by Section 51.40(H), and a resident has not called in to request a pickup as set forth in Subsection (B), then the City or its Contractor may collect the vegetative waste and a fee of $11.50 per cubic yard will be charged to the resident or business for the collection of the vegetative waste if such collection is not performed on the regular scheduled collection day. The minimum charge shall be $11.50 and all charges shall be to the nearest whole cubic yard. Such fee will be placed on the resident or business's water bill. If the resident or business does not receive a water bill then a separate bill for this charge shall be sent to the property owner. Section 2. That Chapter 51, "Garbage and Trash", Section 51.23, "Bulk Trash", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.23 BULK TRASH. (A) Bulk trash shall be collected from residences residential areas within the City no more than once per week. Bulk trash shall be placed adjacent to the pavement or travel way of the street/alley. The bulk trash pickup day shall coincide with the first or second refuse collection day, which shall be a Monday/Thursday, Tuesday/Friday or Wednesday/Saturday of each week. (B) At the request of the City or at the request of a resident, the contractor shall collect bulk trash on a day other than the regular scheduled collection day at a cost to the resident equal to $11.50 per cubic yard. The contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. However, if the City requests the pickup and the contractor is unable to collect payment from the resident, then the contractor shall collect the bulk trash and the resident shall be billed by the City for the extra charge. When Payment is made to the City for the extra charge then that amount shall be forwarded to the contractor. Upon receipt of payment by the resident, the contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the contractor and the resident regarding the amount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the contractor and the resident. 2 ORD. NO. 8-99 (D)(C) It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refrigerator or container with 2 !ec?2ng deer ?.2s been reme:'ed any doors, lids or closures of any type in place. This prohibition shall not apply to any appliance, refrigerator or container at a commercial establishment which has been placed on or adjacent to the rear of the building and is crated, strapped or locked to an extent that it is impossible for a child to obtain access to any ..... o;,.,;,~,t~,..~ compartment thereof. (D) If bulk trash is placed adjacent to the pavement or travel way of the street/alley at time periods or at locations outside of those allowed by Section 51.40(E), and a resident has not called in to request a pickup as set forth in Subsection (B), then the City or its Contractor may collect the bulk trash and a fee of $11.50 per cubic yard will be charged to the resident or business for the collection of the bulk trash if such collection is not performed on the regular scheduled collection day. The minimum charge shall be $11.50 and all charges shall be to the nearest whole cubic yard. Such fee will be placed on the resident or business's water bill. If the resident or business does not receive a water bill then a separate bill for this charge shall be sent to the property owner. Section 3. That Chapter 51, "Garbage and Trash", Section 51.40, "Placement of Containers and Trash; Precollection Practices", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.40 PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES. (A) Blockage of storm drains. It shall be unlawful for any person to place any refuse, trash, refuse receptacles or containers on, upon or over any storm drain or so close thereto as to be drawn by the elements into the storm drain or to block the flow of water into the storm drain. (B) Dangerous trash items. It shall be unlawful to place dangerous trash items and all waste materials of injurious nature in containers unless they are securely wrapped so as to prevent injury to the collection crews and others. Dangerous trash and waste materials shall include, but shall not be limited to, broken glass, light bulbs, sharp pieces of metal, fluorescent tubes, and television tubes. (C) Hazardous waste. It shall be unlawful to place hazardous waste in any receptacle used for collection by the City ~ .... ,~ ,~,- ;~,,o ~;o,-~; .... · rm ;r ,,~.~0.~ ;,. waste. The items listed in part (B) may be classified as hazardous waste unless properly wrapped to prevent injury to collection crews and others. 3 ORD. NO. 8-99 (D) Garbage and trash. It shall be unlawful to place, in garbage receptacles, trash which has not been drained of all liquids. Any items of trash which are too large for receptacles and cannot be reduced to a size which can be placed in a garbage receptacle may be placed at _-"2r~s'~e ad. iacent to the pavement or travel way of the street/alley no earlier than 5:00 p.m. on the day preceding the collection date for that material, provided those items are covered or secured so as to avoid unsightly litter conditions. Any garbage receptacle may not be placed et °_'_'r~s~.de adjacent to the pavement or travel way of the street/alley earlier than 5:00 p.m. on the day preceding the collection day and must be removed by 7:00 p.m. on the day of collection. Garbage and trash that is not placed adjacent to the pavement or travel way of the street/alley on the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has already passed the residence. If garbage and trash is placed adjacent to the pavement or travel way of the street/alley at any time other than the time periods allowed, the City or its Contractor may collect the garbage and trash and a fee of $11.50 per cubic yard will be charged to the resident or business for such collection. The minimum charge shall be $11.50 and all charges shall be to the nearest whole cubic yard. The fee shall be placed on the resident or business's water bill. If the resident or business does not receive a water bill then a separate bill for this charge shall be sent to the property owner. rw,,ot t~ ..... .~rara~cl l~,~n'rv~cl c,~- O*~.x.r~ ~r. lc,~-att ir~ r~l,~cflr- r,,~r~t.~; .... te .... Bulk Trash. Bulk trash shall be placed adjacent to the pavement or travel way of the street/alley no earlier than 5:00 p.m. on the day prior to the regular scheduled collection day. Bulk trash that is not placed adjacent to the pavement or travel way of the street/alley on the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has already passed the residence and may be subject to the fees set forth in Section 51.23(D). If the property owner places bulk trash adjacent to the pavement or travel way of the street/alley after the Contractor has already passed then the property owner must remove those items from this area by 7:00 p.m. of that day in order to be in compliance with this Section. (F) Mechanical containers. (1) Placement of containers emptied by mechanical means shall be determined by the City Manager. The following materials shall not be permitted to be placed in those containers: (a) Tires. (b) Motor vehicle parts, including, but not limited to batteries. (c) Carpet or padding larger than three feet by three feet. (d) Metal pipe in excess of 1/2-inch by three feet. (e) Construction or building materials. 4 ORD. NO. 8-99 (f) Wood in excess of one inch by two inches by three feet. (2) It shall be unlawful for anyone to place or maintain materials or place any vehicle under their control, whether temporarily or permanently, so as to block access to any mechanical container. (G) Refuse. It shall be unlawful for anyone to fail to place and maintain refuse in containers as specified herein. All containers shall be kept covered at all times with tight- fitting covers. (H) Vegetative waste, Vegetative waste shall be placed ""~v._j ...... ............. *~'- edge of t~,, ,.~,,~,4 ....... ,~ .... ~ ~,, ~, ....... ~,, ~ ...... ~,;,4, ~ ........... "~'~ adjacent to the pavement or travel way of the street/alley. Placement of vegetative waste in an alleyway is prohibited unless approved in advance by both the City and its contractor. Vegetative waste for collection shall be placed at the required location no earlier than 5:00 p.m. on the day preceding the collection date. Vegetative waste that is not placed adjacent to the pavement or travel way of the street/alley on the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has already passed the residence and may be subject to the fees set forth in Section 51.22(C). If the property owner places vegetative waste adjacent to the pavement or travel way of the street/alley after the Contractor has already passed then the property owner must remove those items from this area by 7:00 p.m. of that day in order to be in compliance with this Section. (I) Recycling. (1) Recycling containers shall be ~1~t 1~e;~1,~ ,h ..... l~ ~,t;.~,~ont t~ tho ......."~'"'~ ...... j adjacent to the pavement or travel way of the street/alley no earlier than 5:00 p.m. on the day preceding the collection date for the material, provided those items are covered or secured so as to avoid unsightly litter conditions. The collection shall coincide with the first or second refuse collection day. Any container placed a4 ~urbs~de adjacent to the pavement or travel way of the street/alley must be removed by 7:00 p.m. on the day of collection. A recycling container that is not placed adjacent to the pavement or travel way of the street/alley on the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has already passed the residence. (2) If recycling containers are placed adjacent to the pavement or travel way of the street/alley at time periods or at locations outside of those allowed by Subsection (1), the City or its contractor may collect the recycling matter and charge a fee of $11.50 per cubic yard. The minimum charge shall be $11.50 and all charges shall be ' to the nearest whole cubic yard. Such fee will be placed on the resident's or business' water bill. Section 4. That Chapter 51, "Garbage and Trash", Section 51.99, "Penalty", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows' 5 ORD. NO. 8-99 Section 51.99 PENALTY. Any violation of this chapter shall be governed by Section 10.99, "General Penalty" or Chapter 37, "Delray Beach Code Enforcement", or Chapter 100, "Nuisances", or as provided by Sections 51.22(C), 51.23(B), 51.40(D) and 51.40(I). Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 7. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 2nd day of March 1999. ATTEST: City Clerk" - ' ~' ! First Reading. February 16, 1999 Second Reading. March 2, 1999 6 ORD. NO. 8-99 Memo To: David Harden, City Manager From: Lula Butler, Director, Community Improvement Date: February 12, 1999 Re: Revisions to Garbage Ordinance Chapter 5t ITEM BEFORE THE COMMISSION: City Commission consideration and approval of proposed amendments to Chapter 51 of the City's Code of Ordinances goveming Garbage and Trash, Vegetative Waste, Bulk Trash and the placements of containers and trash, clarifying precollection practices, set-out times and fees charged for penalties from violations. BACKGROUND: Staff presented the proposed changes to Chapter 51 to the City Commission at the regularly scheduled workshop meeting of January 12, 1999. The changes proposed establishes specific pre-collection schedules for the placement of all garbage, vegetation, and bulk trash for residential neighborhoods; revises the fee for requests for services on days other than the regular scheduled collection days to $11.50 per cubic yard and establishes penalties for non- compliance to these requirements. The changes are necessary to implement the new clam truck services, staffed by BFI and under the direction of the Community Improvement Department's Code Enforcement Division, beginning in March 1999. The Commission gave staff consensus to move forward with the first reading of the amendments to Chapter 51. RECOMMENDATION: Staff is recommending approval of the proposed amendments to Chapter 51 on first reading, providing for the required public headng and formal approval of these changes at the next regular City Commission meeting. LB:DQ ,0 .... ~ /~"'['" ~ ChapJer51 (lb) [lTV OF DELRI:IY BEI:II:H CITY ATTORNEY'S OFFICE ~°° ~ ~" ^~'~" ~"^~"^~"' ~°"~^ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH AlI.Amrica City MEMORANDUM ~ DATE: February 9, 1999 ~ ~9 ~ TO: Lula Butler, Director of Community Improvement FROM: Brian Shutt, Assistant City Attorney SUBJECT: Revisions to Garbage Ordinance Chapter 51 Please review the proposed changes to Chapter 51. If they meet with your approval please place this on the City Commission agenda. Please call if you have any questions. HECEIVEU t F EB-~ 1999 ~, I")M I N I.qTR ATI f~" ORDINANCE NO. 8-99 ~dgj~ AN ORDINANCE OF TI~ 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 51.22, "VEGETATIVE WASTE", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.23, "BULK TRASH", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.40, "PLACEMENT OF CONTAINERS AND PRECOLLECTION PRACTICES", TO CLARIFY THE SET OUT .S AND FEES CHARGED; BY AMENDING SECTION 51.99, "', TO CLARIFY THE PENALTY FOR A VIOLATION; A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AN EFFECTIVE DATE. WHEREAS, the City Commission desires to clarify of this ordinance concerning collection and set out times for garbage and trash; and WHEREAS, the City Commission desires to clarify the charged for violations of this Chapter. NOW, THEREFORE, BE IT ORDAINED BY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS Section 1. That Chapter 51, "Garbage Section 51.22, "Vegetative Waste", of the Code of Ordinances of the City of De] Beach, Florida, is hereby amended to read as follows: Section 51.22 VEGETATIVE WASTE. (A) Vegetative waste shall be from ~ residential areas at least one time per week and shall be on the as one of the collection days for solid waste. Collection shall begin no earlier than .m. and cease no later than 6:00 p.m.. Vegetative waste shall be placed adjacent to the or traveled way of the street. Residents shall bag or containerize all grass clippings, pine needles and similar loose items whenever possible. Large vegetative waste must not be more than six (6) feet in length or fifty (50) pounds in weight, and shall placed neatly at the curb. In the event of a dispute between the contractor and a as to what constitutes vegetative waste, the situation will be reviewed and decided by City Manager, whose decision shall be final. (B) At the reques the City or at the request of a resident, the contractor shall collect vegetative waste day other than the regular scheduled collection day at a cost to the resident equal to per cubic yard. The contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. Upon receipt of payment, the contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the contractor and the resident regarding the amount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager for resolution. The of the City Manager as to the amount of the charge shall be binding upon the and the resident. (C) If vegetative waste is placed curbside at time or at locations outside of those allowed by Section 51.40, and a resident has not to as set forth in Subsection then the or its Contractor the vegetative waste and a fee of $11.50 per cubic yard will be charged to the or business for the collection of the vegetative waste if such collection is not performed the regular scheduled collection day. The minimum charge shall be $11.50 and all char shall be to the nearest whole cubic yard. Such fee will be placed on the resident or :ss's water bill. If the resident or business does not receive a water bill then a bill for this charge shall be sent to the property owner. Section 2. That Chapter 51, "Garba and Trash", Section 51.23, "Bulk Trash", of the Code of Ordinances of the City of Florida, is hereby amended to read as follows: Section 51.23 BULK TRASH. (A) Bulk trash shall be from residences residential areas within the City no more than once per week. The bulk pickup day shall coincide with the first or second refuse collection day, which be a Monday/Thursday, Tuesday/Friday or Wednesday/Saturday of each week. (B) At the request of City or at the request of a resident, the contractor shall collect bulk trash on a day r than the regular scheduled collection day at a cost to the resident equal to $11.50 per yard. The contractor shall collect the entire cost of this additional special collection the resident in advance of this additional collection service. However, if the City the pickup and the contractor is unable to collect payment from the resident, then the shall collect the bulk trash and the resident shall be billed by the City for the extra charg When Payment is made to the City for the extra charge then that amount shall be to the contractor. Upon receipt of payment by the resident, the contractor shall cause collection to occur within forty-eight (48) hours. Any dispute between the and the resident regarding the amount of trash collected, the charge or liability resident for the additional collection services shall be submitted to the City Manager for The decision of the City Manager as to the amount of the charge shall be binding contractor and the resident. (D)(C) It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refrigerator or container with 2 !eck'_'ng deer ?_es been re.-'..e:'ed any doors, lids or closures of any type in place. This shall not apply to any appliance, refrigerator or container at a commercial which has been placed on or adjacent to the rear of the building and is crated, or locked to an extent that it is impossible for a child to obtain access to any ~"*;"~'* thereof. (D) If bulk trash is placed curbside at time periods or at outside of those allowed by Section and a has not called in to as set forth in Subsection (B), then the City or its Contractor may collect the trash and a fee of $11.50 per cubic yard will be charged to the resident or business for collection of the bulk trash if such collection is not performed on the regular schedule collection day. The minimum charge shall be $11.50 and all charges shall be to the whole cubic yard. Such fee will be placed on the resident or business's water bill. If or business does not receive a water bill then a separate bill for this charge shall be to the property owner. Section 3. That Chapter 51, "Garbage Trash", Section 51.40, "Placement of Containers and Trash; Precollection Practices". the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to as follows: Section 51.40 PLACEMENT OF AND TRASH; PRECOLLECTION PRACTICES. (A) Blockage of storm It shall be unlawful for any person to place any refuse, trash, refuse receptacles or on, upon or over any storm drain or so close thereto as to be drawn by the into the storm drain or to block the flow of water into the storm drain. (B) Dangerous trash It shall be unlawful to place dangerous trash items and all waste materials of injurious in containers unless they are securely wrapped so as to prevent injury to the crews and others. Dangerous trash and waste materials shall include, but shall not be mired to, broken glass, light bulbs, sharp pieces of metal, fluorescent tubes, and (C) waste. It shall be unlawful to place hazardous waste in any receptacle used for ection by the City. e .... ~, ,h,~ :~-~.~o l~c,~-,~r,1 ~ .... * trix i~ ~1~o~ in The isted in part (B) may be classified as hazardous waste unless properly to collection crews and others. (D) and trash. It shall be unlawful to place, in garbage receptacles, trash which has not been drained of all liquids. Any items of trash which are too large for receptacles and cannot be reduced to a size which can be placed in a garbage receptacle may be placed at curbside no earlier than 5:00 p.m. on the day preceding the collection date for that material, provided those items are covered or secured so as to avoid unsightly litter conditions. Any garbage receptacle may not be placed at curbside earlier than 5:00 p.m. on the day preceding the collection day and must be removed by 7:00 p.m. on the day of collection. Garbage and trash that is not placed curbside on the collection a.m. may not be collected by the contractor if the contractor has already passed the If garbage and trash is placed curbside at any time other than the time periods the City or its Contractor may collect the garbage and trash and a fee of $11.50 7ard will be charged to the resident or business for such collection. The minimum shall be ~[ and all charges shall be to the nearest whole cubic yard. The fee be placed on the resident or business's water bill. If the resident or business does a water bill then a separate bill for this charge shall be sent to the property owner. (E) Bulk Trash. Bulk trash shall be placed cu~ no earlier than 5:00 p.m. on the day prior to the regular scheduled collection trash that is not placed curbside on the collection day by 6:00 a.m. may not be collected the contractor if the contractor has already passed the residence and may be sub fees set forth in Section 51.23(D). If the property owner places bulk trash curbside after Contractor has already passed then the property owner must remove those items from curbside by 7:00 p.m. of that day in order to be in compliance with this Section. (F) Mechanical containers. (1) Placement of emptied by mechanical means shall be determined by the City Manager. materials shall not be permitted to be placed in those containers: (a) Tire: (b) vehicle parts, including, but not limited to batteries. (c) or padding larger than three feet by three feet. (d) Metal pipe in excess of 1/2-inch by three feet. Construction or building materials. (f) Wood in excess of one inch by two inches by three feet. It shall be unlawful for anyone to place or maintain materials or place any vehicle their control, whether temporarily or permanently, so as to block access to any mechanical container. 4 (G) Refuse. It shall be unlawful for anyone to fail to place and maintain refuse in containers as specified herein. All containers shall be kept covered at all times with tight- fitting covers. (H) Vegetative waste. Vegetative waste shall be placed only near the of the roadway'adjacent to the property from which it was generated. Placement of etative waste in an alleyway is prohibited unless approved in advance by both the its contractor. Vegetative waste for collection shall be placed at the required locatio earlier than 5:00 p.m. on the day preceding the collection date. Vegetative waste that curbside on the collection day by 6:00 a.m. may not be collected by the if the contractor has already passed the residence and may be subject to the fees set in Section 51.22(C). If the property owner places vegetative waste curbside after has already passed then the property owner must remove those items from the by 7:00 p.m. of that day in order to be in compliance with this Section. (I) Recycling. (1) Recycling containers shall placed beside the curb adjacent to the roadway no earlier than 5:00 p.m. on day preceding the collection date for the material, provided those items are ed or secured so as to avoid unsightly litter conditions. The collection shall coinci, with the first or second refuse collection Any container placed at curbside be removed by 7:00 p.m. on the day of collection. A recycling container is not placed curbside on the collection day by 6:00 a.m. may not be collected contractor if the contractor has already passed the residence. (2~ If recycling con)fl~lners are placed curbside at time periods or at locations outside of those allowed by/Subsection (1), the City or its contractor may collect the recycling matter and charges fee of $11.50 per cubic yard. The minimum charge shall be $11.50 and all charges/~hall be to the nearest whole cubic yard. Such fee will be placed on the resident's o,,f business' water bill. Section 4. That Chapter 51, "Garbage and Trash", Section 51.99, "Penalty", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.99 PENALT/Y. / Any violation p/f this chapter shall be governed by Section 10.99, "General Penalty" or Chapter 37, "Delray/Beach Code Enforcement", or Chapter 100, "Nuisances". / Section 5. / 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 6. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 7. That this ordinance shall become effective upon i~passage on second and final reading. . ~ PASSED AND ADOPTED in regular session onsec~ final reading on this the day of 1999. Ivfl/A Y O R ATTEST: City Clerk First Reading Second Reading. garbage I .ord 6 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~AGER~ SUBJECT: AGENDA ITEM /0~- REGULAR MEETING OF MARCH 2, 1999 ORDINANCE NO. 8-99 (REVISIONS TO CHAPTER 51, "GARBAGE AND TRASH") DATE: FEBRUARY 25, 1999 This is second reading and a public hearing for Ordinance No. 8-99 which amends Chapter 51, "Garbage and Trash", with respect to vegetative waste, bulk trash and the placement of containers and trash. It also clarifies precollection practices, set out times and fees charged for penalties from violations. The changes incorporated in the ordinance were presented to the City Commission at the January 12th workshop. Specific precollection schedules are established for the placement of all garbage, vegetation and bulk trash in residential neighborhoods. The ordinance revises the fee for requests for services on days other than the regular scheduled collection day to $11.50 per cubic yard and establishes penalties for noncompliance with the requirements. The changes are necessary to implement the new clamshell truck services, staffed by BFI and under the direction of the Code Enforcement Division, scheduled to begin in March 1999. At first reading on February 16, 1999, the Commission passed the ordinance by unanimous vote subject to Commissioner Randolph's suggestion that the word "curbside" be clarified. This minor change has been incorporated and does not constitute a substantive change to the ordinance. Recommend approval of Ordinance No. 8-99 on second and final reading. ref:agmemol5 I:ITY OF DELRI:IY BEI:II:H CITY ATTORNEY'S OFFICE ~00 mw ,,, ^v,~,,,~,~. ,,,~,.,,^,. ,,,~^~., ,~,0,.,.^ ~44,, TELEPHONE 561/243-7090 '* FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 Pe. troaY~ ~,e^.cH~ AII.Amedea Cily MEMORANDUM 1993 TO: Alison MacGregor Harty, City Clerk FROM: Brian Shutt, Assistant City Attorney SUBJECT: Ordinance 8-99 Attached please find a slightly revised Ordinance No. 8-99 clarifying the word "curbside", this is not a substantive change to the ordinance. Please call if you have any questions. Attachment cc: David Harden, City Manager Lula Butler, Community Improvement Director Date: February 12, 1999 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: __ Regular ~ Special __ Workshop __ Consent When: February 16, 199 Description of Agenda Item: Revisions to Chapter 51, Garbage/Trash-?_nd Chapter 100 Nu'~s~_ce Abatcmcr~ Ordinance/Resolution Required: Q~ No Draft Attached: ~) No Recommendation: Approval Department Head Signature:~j~Y~J~~~~ City Attomey Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of fimds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: Account Balance: City Manager Review: HoldAppr°ved f°r agenda~--~fN° ~Until: (, J ~ ~ g-~/2~' ~(~ -~ Agenda Coordinator Review: Received: Action: Approved / Disapproved 5/98 ~ l~oca ga~on NearS, FridaY, February 19, 1999 CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinance on TUESDAY, MARCH 2, 1999, at 7:00 p.m. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider its adoption. The proposed ordinance may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. All interested parties are invited to attend and be heard with respect to the proposed ordinance. ORDINANCE NO. 8-99 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 51.22, "VEGETATIVE WASTE", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.23, "BULK TRASH", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.40, "PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.99, "PENALTY", TO CLARIFY THE PENALTY FOR A VIOLATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. Pursuant to F.S. 286.0105. PUBLISH: The News CITY OF DELRAY BEACH February 19, 1999 Alison MacGregor Harty City Clerk Instructions to Newspaper: This is a standard legal ad to be placed in the legal/classified section. Thank you.