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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2010-015Temp. Ord. #2206 June 11, 2010 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 19, "SOLID WASTE," OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC, FLORIDA, TO PROVIDE FOR TERMS AND CONDITIONS RELATED TO THE CITY'S COLLECTION AND DISPOSAL OF SOLID WASTE, BULK WASTE, RECOVERED MATERIALS, AND CONSTRUCTION AND DEMOLITION DEBRIS AT RESIDENTIAL SERVICE UNITS, MULTI -FAMILY SERVICES UNITS, AND COMMERCIAL SERVICE UNITS; PROVIDING FOR DEFINITIONS, IMPOSITION OF FEES, COLLECTION OF FEES; PROVIDING FOR REGISTRATION FOR CONSTRUCTION AND DEMOLITION DEBRIS HAULERS; PROVIDING FOR REGISTRATION FOR RECOVERED MATERIALS HAULERS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac finds that it is in the best interest of the health, safety, and welfare of the citizens, residents, and businesses of the City of Tamarac ("City") to revise the City's Solid Waste Ordinance in order to provide improved solid waste, bulk waste, recovered materials, and construction and demolition debris collection and disposal services within the City; and WHEREAS, the City, pursuant to its authority as a Florida municipal corporation is authorized to enact this ordinance in order to provide for the collection and disposal of solid waste, recovered materials, and construction and demolition debris within the City's municipal boundaries. 1 Temp. Ord. #2206 June 11, 2010 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified as being true and correct and incorporated herein by this reference. All exhibits attached hereto are hereby incorporated as though fully set forth herein. SECTION 2. That Chapter 19, entitled "Solid Waste," of the City of Tamarac Code of Ordinances is amended in its entirety to read as follows: CHAPTER 19 — SOLID WASTE ARTICLE I. IN GENERAL Sec.19-1. Definitions. The fe4ew44g-wards, terms and phrases, when used in this chapter, shall have the meanings ascribed to them as provided in Section 403.703, Florida Statutes as mgy be amended from time to timer - se, except where the context clearly indicates a different meaning a Commercial Service Unit shall mean all units other than Residential Service Units Multi -family Service Units or City Facilities. Commercial Service Units include apartment complexes. b Multi -Family Service Unit shall mean condominium residential units typically receiving Collection Service by Dum sters or Compactors. The City reserves the right to designate Multi -family Service Units. c) Residential Service Units shall mean residential establishments located in a Service Area and identified by the City as Residential Service Units and utilizina a Can or Solid Waste Cart for the accumulation and set -out of Solid Waste in accordance with this Agreement._ At the sole discretion of the City, some all or none of the multi -family establishments utilizing Solid Waste Carts shall be considered a Residential Services Unit. Residential Service units shall exclude establishments utilizing Dumosters or Comr)actors of the accumulation and set -out of Solid Waste.: CODING: Words in strike thr, ugI type are deletions from existing law; Words in underlined type are additions. No Text ARTICLE II. COLLECTION Sec. 19-26. CompulsoLiL Solid Waste Recovered Materials and Bulk Waste Collection . a) Every owner, tenant. or resident of a Residential Service Unit, including, but not limited to single-family residences duplexes, triplexes, and townhouse dwelling units and Multi -Family Service Units shall use the services of the Cit 's Franchise Solid Waste and Recovered Materials Hauler. and it shall be the responsibility of the owner to r)av for such services. Such compulsory service shall include a minimum of two (2) ickups per week. (b) Every owner or tenant of a Commercial Service Unit shall use the services of the Cit 's Franchise Solid Waste hauler, and it shall be the responsibility of the owner to CODING: Words in GtFike th.,,ugl type are deletions from existing law; Words in underlined type are additions. 1 Temp. Ord. #2206 June 11, 2010 Page 5 pay for such services. Such compulsory service shall include a minimum of two 2 icku s oer week if waste includes solid waste as defined herein. c The City may require an increase in the fregluency of collections and/or the size of containers for solid waste collection and disposal service for Residential, Multi-Famil and Commercial Service Units as applicable, when the service being rovided becomes insufficient in the Cit 's 'ud ment to handle the guantity of solid waste and recovered materials generated or the accumulation of solid waste and recovered materials becomes a detriment to the health safety, or welfare of the community. This does not precludethe City from reguiring a s ecial collection where solid waste recovered materials and construction and demolition debris is laced at curbside earlier than 7:00 p.m. of the day preceding scheduled collection. The owner shall be responsible for payment for such services. d Every owner, tenant or resident of a Residential Service Unit including, but not limited to single-family residences du lexes triplexes, and townhouse dwellinq, units and Multi-Famil Service Units shah use the services of the Cit "s Franchise Solid Waste and Recovered Materials Hauler for the collection of recovered materials and it shall be the resUonsibility of the owner to pay for such service. Such com ulsor service shall include a minimum of one 1) pickuI2 per week. e The City, acting by and through its City Commission and in accordance with the provisions of this code has the authority to aggrove a Solid Waste Rem lin Yard Waste and Bulk Waste Collection Services Franchise Agreement "Franchise Agreement"). The Franchise A reement as ma be amended Pram time to time is s cifically incur ornted herein and made a part hereof, and a copy of same will be maintained at the City Clerk's office at City Hall. 1 Pursuant to the Franchise Agreement, the City has granted the Franchise Solid Waste and Recovered Materials Hauler the following rights and obligations to rovide solid waste collection and disposal services: a. The exclusive right and obliclation to provide solid waste. Yard waste and bulk waste collection and dis osal services within the ,City boundaries resent and future for all Residential Multi -Family, and Commercial Service Units using a Can Solid Waste Cart Solid Waste Dum ster or Solid Waste Compactor. b. The exclusive right and obligation to provide collection and dis oral services for recovered materials within the Cit boundaries resent and future for all Residential and Multi-Familv Service Units. c. The exclusive right to provide solid waste recovered materials and bulk waste collection and dis osal services to any newt CODING: Words in 6tFike thFe @I: type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 6 annexed areas within 24 hours after official written notification b the City; d. The exclusive right and obligation to provide solid waste, va.rd waste recovered materials and bulk waste collection and disposal services within the City boundaries resent and future for all City facilities, and governmental establishments, to the extent permitted by law; e. Upon the Effective Date of Termination of any existing Commercial Solid Waste Franchises as defined herein the exclusive right and obligation to provide solid waste and waste. and bulk waste collection and disposal services within the City boundaries for all Commercial Service Units in the City. This exclusive right and obligation is sub'ect to the City providing thin 30 days prior written notice to its Commercial Solid Waste Franchisees of the Cit 's intent to terminate the month to month Commercial Solid Waste Franchises. The termination of the Commercial Solid Waste Franchise shall be effective at the end of the month following the month in which the notice was delivered to the Commercial Solid Waste Franchisees or such other time as specified by the City "Effective Date of Termination"). eotectear. GNef bu+ld+nq . Sec.19-27. Use of disposal facilities of another to avoid payment of fees. It shall be unlawful for any person to use the cans, solid waste carts, dumpsters or compactors another person in order to avoid the payment of solid waste recovered materials and waste and bulk waste collection and disposal fees_ t4a Sec. 19-28. Construction and demolition debris. a It shall be the 'oint resgonsibility of any owner of real property upon which construction is occurring,or any contractor responsible for said construction to ensure that all road rights -of -way remain free at all times of all construction and demolition debris resulting from the construction. CODING: Words in stFoke +href glkt type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 7 b Construction Waste 1 It shall be the 'oint responsibility of any owner of real p[pperty propertyupon which construction is occurring, or any contractor responsible for said construction to ensure that all construction and demolition debris resultina from the construction are contained on the real propkrty ul2on which the construction occurs. Said construction and demolition debris shall be kept within a specifically designated area which is either wire -fenced or otherwise secured within an enclosed containment structure to assure that construction and demolition debris are not on ad'acent ro ert . 2 The owner of real prgperty uj2on which construction is occurring, or any contractor responsible for said construction shall be prohibited from obtaining any inspections relating to the building ermit if found to be in violation of the provisions contained in this section. 3 During severe weather, it shall be unlawful for an owner of real 12roperty upon which construction is occurring or any contractor resp, onsible for said construction to have on or near his i)ror)ertv loose construction and demolition debris. The construction site must be cleared of loose construction and demolition debris. 4 During severe weather it shall be unlawful for an owner of the real proert upon which construction is occurrin or an contractor responsible for said construction. to have on this ro ert loose construction and demolition debris including roof tiles that are not fastened or secured to the ground or an per anent structure. 5 Media broadcasts or notices issued by the National Weather Service of severe weather is deemed sufficient notice to the owner of real pLqperty upon which construction is occurring or anv contractor res onsible for said construction to secure loose construction and demolition debris against the effects of high winds. --� 6 Construction and demolition debris stockpiled on top of any structure under construction shall be permanently installed by the -property owner or contractor upon a warnin_q of severe weather rovided however in the event such installation cannot be timel completed, then the _2roperty owner or contractor shall: a Band together the construction and demolition debris and mechanically fasten them to the top of the structure in such a manner so as not to present a threat of their becoming airborne durin severe weather: or b Remove the construction and demolition debris from the top of the structure and mechanically tie down to the ground; car c Remove the construction and demolition debris from the i b site; or d Store the construction and demolition debris inside a rotected structure. CODING: Words in 6tFike 114Feeg# type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 8 c From June 1 to November 30 of each calendar year the National Weather Service desi nated hurricane season building or roofing materials shall be loaded on a roof no earlier than ten 10 working days prior to the permanent installation of the materials. d Prior to the issuance of any citation for a violation of this section the Director of Public Works or his designee, shall attempt to provide a verbal or written notice to the owner of the real grogerty u on which construction is occurring or any contractor ,responsible for said construction. That notice shall specifically set a time l2eriod reasonabl calculated by the Director of Public Works or his desi nee for correction of the violation. In the event the City takes emergency actions to secure a property -in violation of this section, the progerty owner shall be responsible for all costs associated therewith and be billed for all charges and exi2enses of the City. Mum .610M. ~-M «« .� M -»MM - A M « r M w ♦ 4 « ► M MM r • «rr .1. MN +� M ••11 r.T.♦ " M M « CODING: Words in stFmke thrruugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 9 �pp yhlyaG__WR!!Rq& OF Sec.19-29. Use of residential streets. w R6hiS ,b-age ^^!r@,GteFs All solid waste bulk waste and waste. recovered materials. and construction and demolition debris haulers and recovered material haulers shall not use residential streets of the city where its accounts can be reasonably serviced through the use of collector and/or arterial roads. A rr � • #1 ♦. w M.. r� . ..�• ... M M MM M • r w w "'I'SeOf . M ♦ M M •• of M'. M. • M . . = r XGep w ♦ w kN i r Y'wn 9. • r r •. r r • r M. r w .N !.. .;ill... M •, W, -06 N Ir r Se"•' •' M .sr M 2 a6 @ L'W G !. .r 0i �r r'4 • M • .. . • . ♦♦_01AGh sum ay be appli Yy the Gity to r y default by the-GIGIleeter444 r. W A. r. M. .. M. M. ♦ .■ r M M • aM w.w . Ill- r de . M .n y M Nw M r -' � r VY � ii • •' . � r r �i • . M . • M dIR r . ■■ . C N.. .• M M Z.1.1.. M •=111t I f F4 ft'Rq .1:9 I'MW 0=4_9 fel I. Mr r CODING: Words in stAke thFeugI4 type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 10 (3) Ability te satisfy all prerequisites to the a fFaRGhiGQ4, Sec.19-30. Violations a) Any owner or tenant of a Residential Service Unit, a Multi-Familv Service Unit, or a Commercial Service Unit using a Can, Solid Waste Cart Solid Waste Dum ster or Solid Waste Compactor who fails to comply with this Section shall be given a notice to comply. If thereafter the occupant fails to comply, he/she shall be sub'ect to the penalties set forth herein. In addition the City reserves the right to enforce the provisions of this Section throw h the Cit 's Code Enforcement Ordinances or through any means in law orequity, as may be authorized by Florida law. b) Penalties for the failure to comply with the recvclinq program after receipt of. the notice to comply as provided in this Section or for the unauthorized collection of recycling materials shall be a fine of not less than one hundred dollars 100.00 nor more than five hundred dollars 500.00 or imi2risonment for a term not exceeding ninetv (90) days or by both such fine and imprisonment. Each day shall.._ constitute a separate offense. ARTICLE III. RATES AND CHARGES AND BILLING PROCEDURE Sec.19-51. Fee --Established. There is hereby established a fee for residential., surbside-and -multi-family, and commercial dempster—solid waste recovered materials and bulk waste ,�,�e collection and disposal service within the Ceity. The fee shall be as established in the Franchise Aareement entered into between the City and the City's. Franchise Solid Waste and Recovered Materials Hauler. Sec.19-52. Same --Applicability. The solid waste bulk waste. and recovered materialsga+bage collection and disposal fees shall be applicable to all (Residential Service Units, --Multi-Family Uanits, and Commercial Service Units rop vided service by contract between the sCity and the Cites Franchise Solid Waste and Recovered Materials Hauler antF . 1 CODING: Words in 6tFIke type are deletions from existing law; Words in underlined type are additions. fl Temp. Ord. #2206 June 11, 2010 Page 11 M M M �1 M •. �. «�♦ A A. A M A w ♦. • r � i i:�rrYrrrr.rrr rrryr.rr.i� Sec.19-554. Billing. (a) Billing of the solid waste and waste recovered materials and bulk wastegafbage collection and disposal fee will be accomplished by including such fee as a separate line item on the utility bills of those utility customers to whom such fee applies._The City may rovide for the inclusion of the billing for solid waste and waste recovered materials, and bulk waste collection and disposal service on the l2rol2erty tax bill for the property receiving the service upon appropriate action by the City Commission in conformance with state law. The billing of the solid waste, yard waste and bulk waste services for Commercial Service Units shall be performed by the Cit 's Franchise Solid Waste and Recovered Materials Hauler. (b) Payment of the solid waste and waste recovered materials. and bulk waste collection and disposal fees shall be due and payable simultaneously with all other charges itemized on the utility bill. If a customer shall pay less that the entire utility bill, the payment shall be proportionately applied to all charges itemized on the utility bill. Nonpayment of the utility bill in its entirety shall be grounds for discontinuance of solid waste vard waste recovered materials and bulk waste collection and dis osal +" Yxr-. Y Ge. in accordance with the procedures established in eChapter 22 of this Code. The solid waste yard waste recovered materials and bulk waste collection and disposal fees shall continue to be assessed regardless of any temporary discontinuation of utility service pursuant to eChapter 22 of this Code. (c) The solid waste and waste recovered materials and bulk wastega4Nage collection and disposal fee may be prepaid for a number of months. If the fee is increased, the customer shall be liable for the increase in excess of the prepaid amount, calculated from the effective date of the increase. (d) All other applicable provisions of Chapter 22 of this Code concerning utility billing shall apply to the billing of the solid waste and waste recovered materials and bulk waste ga4x� collection and disposal fee. r • • • # M aA M M• A M •' M ♦•mmUMMMM r. M CODING: Words in stFike thFewgh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 12 (QFd Ne 90_1 Q § 1 4 14 _9 9• Qrd Ain 92_25 R i 4_22 92) ARTICLE IV. FLOW CONTROL/SOLID WASTE DISPOSAL DISTRICT r Sec.19-72. Definitions. For purposes of this Article. the definitions contained in the Interlocal Agreement between Broward County and the Contract Communities shall apply unless otherwise specifically stated in this Article. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Contract GCommunities means the municipal corporation or corporations existing under the laws of the sCtate of Florida located within the county that from time to time enter into the interlocal agreement. County means, depending u on the context. either the —geographical area contained within unincor prated Broward County, Florida a oolitical subdivision of the State of Florida or the_government of Broward County, acting through the Count Commission or its designee. District means the Broward Solid Waste Disposal District, or a successor entity, formed pursuant to the Interlocal Agreement, its Predecessor A reement or state law. The geogral2hic boundaries of the District shall be coterminous with the geograQh1c boundaries of the Contract Communities and unincorporated Broward County, which have executed this A reement. ,heAnterloGal . Hauler means those persons, firms or corporations or governmental agencies which collect solid waste rc,c>.-,ORsib le (Y ndeF either under oral or written contract, license, permit, or otherwise) fa—r the ^' rn'id- W-A-At9 within the geographic boundaries of the eContract GCommunityliesl or the unincorporated County, and transportation t,,...th©_..r©rlallm©---reeevery---syst© no provide for the transportation or delivery of such solid waste to facilities inside or outside the District. Interlocal aAareement means that certain interlocal agreement dated November 25, 1986, by and among thet-he sCounty and the Csontract Csommunities, as amended, er--supplemented or superseded from time to time pursuant to the provisions of the +interlocal Aagreement. Resource recovery system means the resource recovery facilities which are constructed, operated and maintained OF Gau6ed to be GonstFuGted, operated and pursuant to the +Interlocal aAgreement. Solid waste shall have the meaning set forth in Chapter 403,Part IV . `. Ghaptef 403, Pail IV, Florida Statutes as amended from time to time as limited or expanded by CODING: Words in 641W thFeagtt type are deletions from existing law; Words in underlined type are additions. 1 1 1 Temp. Ord. #2206 June 11, 2010 Page 13 the terms "processable waste, unprocessable waste and unacceptable waste" set forth in the Ifnterlocal Aagreement. Processable Waste shall mean that portion of the solid waste stream which is capable of beinci Drocessed in the mass burn resource recovery facilities used by the District includin but not limited to all forms of household and other garbage, trash. rubbish refuse combustibleagricultural, ricultural commercial and li ht industrial waste commercial waste, leaves and brush a er and cardboardplastics, wood and lumber, rags, car etin occasional tires wood furniture mattresses stumps, wood 12allets, timber, tree limbs ties and logs, not separated and recycled at the source of generation. Processable waste does not include unacce table waste and un rocessable waste. exce t to the extent consistent with the regulatory and germit requirements applicable to the processing of waste by the District's mass burn resource recover facilities,.unacceptable and un rocessable minor amounts of such waste other than hazardous waste as ma be contained lawful)1 in the normal processable waste stream Unacceptable Waste shall mean motor vehicles trailers comparable bulky items of machiner of e ui ment hi hl flammable substances hazardous waste stud es pathological and untreated biological wastes li uid wastes sewage, manure ex losives ordinance materials and radioactive materials. Unacceptable waste shall also include any other material not permitted by law or regulation to be dis osed of at a Class 1 landfill. None of such material shall constitute either 12rocessable waste or un rocessable waste. Haulers shall not knowin.gly deliver such unacceptable waste to and the District and full service contractors shall have the ri ht to exclude such unacceptable waste from the Resource Recovery System, Un rocessable Waste shall mean that portion of the solid waste stream that is predominantly noncombustible and therefore, should not be processed in the mass burn facilities used by the Resource Recovery System. Un rocessable waste shall include but not be limited to,_metal furniture and appliances, concrete rubble mixed roofing materials, noncombustible building debris rock ravel and other earthen materials equipment, wire and cable and any item of solid waste exceeding six feet in any one of its dimensions or being in whole or in 12art of a solid mass the solid mass portion of which has dimensions such that a sphere with a diameter of eight inches could be contained within such solid mass portion, and rocessable waste to the extent that it is contained in the normal un rocessable waste stream). UnIxocessable waste includes construction and demolition debris as defined in Section 403.703 6 Florida Statutes as may be amended from time to time. Sec.19-73. Purpose. (a) It is the purpose of this Aarticle to require all inhabitants and persons within the eCity to use exclusively the -FResource Recovery sSystem identified in the ilnterlocal aAgreement for the disposal of all solid waste generated within the eCity.___: for the � - This Article is intended to ensured that the (Resource Recovery es ystem receives an adequate quantity of solid waste from solid waste generated within the+ts boundaries of the Citv. CODING: Words in CAFike thFee914 type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 14 (b) The eCity hereby directs that all solid waste generated within its geographic boundaries be delivered to the resource recovery system transfer or disposal facility or facilities designated in the plan of operation under the I+nterlocal aAgreement and further hereby relinquishes any and all title and interest in solid waste collected or generated within its geographical boundaries upon delivery of such solid waste to the resource recovery system transfer or disposal facility or facilities designated in the plan of operations. (c) The eCity will conform the terms and conditions of any agreement that it may have with the hauler of solid waste to the terms and conditions of the +Interlocal aAgreement. (d) Nothing herein is intended to either discourage or prohibit either voluntary or locally ordained solid waste segregation programs segregating scrap or new or used materials at the point of generation and held for purposes of recycling. (e) Waste generated in the City is not subiect to the re uirements in paragraph b of this Section if it is shown to be destined for disl2osal or recycling at any facility located outside the State of Florida. To make such a showing, a hauler shall execute a form approved by the Broward Resource Recovery Board and the form shall be delivered to the Broward Solid Waste Disl2osal District. In the form the hauler shall recite facts which demonstrate the solid waste shall be transported and disposed outside the State of Florida.W --R)s des!iRati8A eutside ef the state. based UPOR a sworn affidavit Sec. 19-74 - Reports a Each hauler that collects grocessable solid waste generated within the Cit 's boundaries shall file monthly reports. -on forms approved by the Broward Resource Recovery Board. Said reports shall provide the following information about the hauler's activities during the prior month: 1) The amount/quantity (in tons or cubic vards) of vocessable solid waste collected by the hauler that has been generated within the City of Tamarac with regard to each facility identified in paragraph 2 of this Section. 2 The name address and contact l2erson of each facility where the rocessable solid waste has been transported/delivered by the hauler. 3 A summary table of delivery tickets information from each facility must be attached to the monthly report. The above -referenced reports shall be remitted to the Executive Director of the Broward Resource Recove[y Board no later than the fifteenth 15 day of each succeedin month. CODING: Words in 641M thFeegI4 type are deletions from existing law; Words in underlined type are additions. 1 1 1 Temp. Ord. #2206 June 11, 2010 Page 15 b Each hauler that collects un rocessable solid waste generated within the Cit 's boundaries where said solid waste is to be transiDorted outside the State of Florida shall file monthly reports on forms aDproved by the Broward Resource Recovery Board. Said repo ts shall re uire the following information: 1 The amount/ uantit in tons or cubicyards) of un rocessabie solid waste which has been collected within the City of Tamarac. 2 The name address and contact person of each facility where the un rocessable waste has been trans ortedldelivered. 3 A summary table of delivery tickets information from each facility must be attached to the monthly report. tted to the Executive Director of Resource R month. Sec. 19-75 - Private collection services for construction and demolition debris and waste. a Permit. No erson shall remove or trans ort construction and demolition debris and waste from construction sites over the streets or public rights-of-wav of the City or its real orwertv for hire or salvo e without first armlvina for and receiving from the City a ermit for hauling construction and demolition debris and waste. Construction and demolition debris and waste for the purposes of this section includes recyclable construction material. The ermit re uired by this section shall be in addition to and not satisfied by any occupational license which may be re uired. b Application. Apolications fora permit required by this section shall be made to the City u on such form and in such manner as rescribed by the City. The application shall be in such form to elicit the following information and such other information as may be re uired from time to time: 1 Character of agl2licant. The applicant fora ermit if an individual or in the case of a firm corporation, artnershi association or organization, a0y pgrson having any financial controlling or managerial interest therein shall be in good standin . In makina such determination the following information which shall be submitted bv the a licant shall be considered: a. If the applicant is a partnershig or cor oration the name and business address of the principal officers and stockholders and other 29jrsons having any financial or controlling interest in the partnership or corporation. Provided, however, that if the corl2oration is a publicly owned cor oration hqyLnq more than twenty-five 2 shareholders then only the name and business addresses of the local many in officers shall be re uired. CODING: Words in 6#4% thr w@1 type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 16 b. If the allplicant is an individual a record of all convictions and the reasons therefor shall be provided by the applicant. If the applicant is other than an individual then the record of all convictions and the reason therefor of the princil2al controlling officers of the applicant shall be provided. Provided however, that in the case of a publicly held corporation having -twenty-five 25 or more shareholders then only the aforementioned information applicable to its local managing officers shall be required. c. Whether such applicant has olperated a solid waste collection - removal business in this or another state under a franchise ermit or license and if so whether such franchisepermit or license has ever been revoked or sus ended and the reasons therefor. d. If the agplicant is a corporation, the applicant shall submit groof of incorporation in good standing in the State of Florida and if a foreign corporation, the applicant shall provide information certifying that the applicant is qualified to do business in the State of Florida. If the applicant is other than a corporation and is operating under a fictitious name the applicant shall be re uired to submit information that such fictitious name is registered in the State of Florida and held by the applicant. 2 E ui ment and method of operation. a. The applicant fora permit shall possess a ui meat capable of providing safe and efficient service. In making such a determination the following will be considered and the applicant shall furnish to the building department information as to: 1. The type and number of gieces of a ui meat to be used. 2. A description of the method of collection and removal to be employed. 3. License plate number for each vehicle. 4. Commercial drivers license numbers for operators of vehicles. b. All portable waste containers dum ster or roll-off),shall be im rinted with the owner's name in block letters which are at least two (2) inches high. 3 Signatures; submission. An allglication fora l2ermit for hauling construction and demolition debris shall be signed by the individual submitting the agplication or, in the case of a corporation, by a corporate officer thereof or, in the case of a partnership or other association by a member of the partnership or association. CODING: Words in 6tF'ke th., ugl type are deletions from existing law; Words in underlined type are additions. 1 Temp. Ord. #2206 June 11, 2010 Page 17 Provided, however, that for a gublicly_held corporation which has twenty-five (25) or more shareholders the signatures of the local managing officer shall be sufficient. The com feted a olication shall be submitted to the director of the building department. 4 Upon providing the necessary information a licants shall be entitled to a permit for a period of up to one (1) year from the date_ of issuance; provided, however, the permit shall be for the period of October 1 through September 30 of each calendar year. The followin re uirements must be met: a. The applicant has paid the City the permit fee as required by this section. b. The applicant has furnished proof of insurance as re wired b this section. c. The applicant has executed a license agreement with the Cit . which shall include but is not limited to a condition that the armlicant shall dis ose of all construction and demolition debris and waste at designated locations, hours of collection, indemnification rovisions termination orovisions. collection e ui ment and insurance provisions, and a condition that ail such disposal shall be in accordance with all federal state and local laws and ordinances. Such agreement shall be executed on behalf of the City by the Director of Pubic Works. c Annual permit fees. The a licant shall a the Citythe annual permit fee of One Thousand Five Hundred and 00/100 Dollars 1 500.00 . For each germit obtained between October 1st and March 31 st. the full fee for one 1 year shall be paid. For each Permit obtained from A ril 1st to September 30th one-half 1/2 of the full fee for one (1) year shall be paid. A decal issued by the City shall be affixed on the windshield driver's side on each waste hauler vehicle operated within the City. d Insurance requirements. Before commencing service under a license agreement to haul construction and demolition debris and waste each licensee shall maintain insurance as required by City and shall furnish proof of insurance to the Cit 's Risk Manager. e Renewal. U on the recommendation of the Director of Public Works. or his desi nee a ermit for the collection of construction and demolition debris and waste required by this section may be renewed from year to year by the Director of Public Works. Any such renewal shall be subject to the same terms and conditions applicable to the issuance of the_germit as specified in this section. f Transferability. No permit issued pursuant to this section may be assigned or transferred. CODING: Words in 6tF'ke thF0Wg4 type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 18 Impoundment of vehicles. 1 A vehicle may be removed and impounded by enforcement Personnel when a person continues to use a vehicle for the collection of construction and demolition debris and waste debris under the following conditions: a. The permit issued to the waste hauler has been revoked by the City in accordance with the provisions of this section of the code: or b. The waste hauler has been issued a written warning for operating without the re uired germit, has been allowed ten 1 q calendar days to a12121y for and receive the required permit and continues tooperate without a pgrmit. 3 The waste hauler, has been issued a citation after the written warning, and continues tooperate without a permit. Loading of construction demolition debris waste material into a i2ortable waste container or on a truck or trailer licensed for road use shall be deemed to constitute collection. 2 Any vehicle removed or impounded shall be taken to a garage which has been designated and is maintained by the City for the storage of impounded vehicles. q The char a for towing or removal of any vehicle under this section and storage charges shall be based upon the actual expenses incurred in such towing and storage and shall be 12ayable by the owner of such vehicle. If towing or story a is accomplished by the City, the cost thereof shall be a reasonable cost. 4 Whenever enforcement personnel remove an impounded vehicle as provided in this section such gersonnel shall give notice to the owner of such vehicle of the fact of such removal the reasons therefor and the place to which the vehicle has been removed. Provided however, that if it is not ossible to ascertain the name and address of the owner, then in that event enforcement personnel shall send a written re ort of the removal and impoundment to the commissioner of motor vehicles of the state and shall file a cogy of such notice and report with the groprietor of the garage in which the vehicle the date time and place it was impounded, the reasons for such removal and impoundment and the name of the garage or place where the vehicle is stored. 5) Anv vehicle impounded pursuant to this section may be held by the Citv for a period of time not to exceed sixty 60days, provided, however, that a vehicle shall be released when the owner thereof obtains a permit or has _a....._revoked ermit reinstated. CODING: Words in strike !hF9wq4 type are deletions from existing law; Words in underlined type are additions. 7 L 1 1 Temp. Ord. #2206 June 11, 2010 Page 19 (61 Vehicles shall be released upon the approval of the City Manager. No vehicle shall be released until all expenses for towing and storage are paid. An vehicle impounded and stored bv the City and which is not claimed and removed by the owner thereof a on the expiration of a sixty-day eriod of time may be sold at oublic auction and the proceeds applied to towina and storage costs. (h) Violation; penalty. 1 Violation. Each violation of this section or any of its subsections is deemed a separate and distinct infraction of this Code; however, for the first violation of operating without a permit, the waste hauler shall be given a written warning and allowed ten 10 calendar da s to ai)r)lv for and receive the re uired ermit. 2 Penalty. Any person who violates any provision of this section shall be punished as provided herein: a. Fine. Each violation of this section shall be punishable by a minimum civil penalty of two hundred fifty_ dollars ($250.00). A maximum civil oenaltv of five hundred 500.00 mav be assessed plus the costs associated with investigation and prosecution together with any a uitable remedies deemed reasonable and proper by the court. b. Revocation. The violation of any of the terms and conditions of this section or the violation of any of the terms and conditions of the agreement required pursuant to this section may be cause for revocation of the permit. The City Manager may revoke a permit for a violation as aforementioned and may immediately declare such ermit null and void and upon such declaration the hauler issued the permit shall immediately cease all o erations and shall be considered to have forfeited such permit and the rights acquired thereunder. Should the City Manager decide to revoke a ermit he shall provide the hauler with notice of such revocation and the reasons therefor. Such notice shall be sent certified mail return recei t re uested. U on recei t of such notice the hauler may appeal such revocation to the City Commission, and the appeal and hearing thereon shall be conducted in accordance with the following procedures: 1. Should a hauler seek appeal from the revocation of the permit, the applicant shall furnish notice of such request for appeal to the City Clerk no later than twenty (20) calendar da s after the date of recei t of the certified letter advising applicant of revocation of the permit. 2. Upon receipt of.a request for appeal, the City Clerk shall thereu on fix the date and time at which the City CODING. Words in Wig# type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 20 Commission shall hear the appeal, such hearing to be held not less than ten 10 nor more than sixty 60 calendar da s subse cent to the date u on which such reguest for appeal was filed with the City Clerk. Upon setting the matter for hearing,the City Clerk shall notify the applicant of the date and time of such hearing. At the conclusion of the hearing, the City Commission shall either sustain the decision of the City Manager or direct theCit Manager to issue a permit. c. Other enforcement. Nothing in this section shall prohibit the City from enforcing this section by other means. i Effective October 1 2010 a germit as described herein must be held by all haulers who provide collection services for construction and demolition debris and waste and all haulers shall enter into a license agreement with the city. Sec. 19-76. Private collection services for recovered materials at Commercial Service Units. al Intent. It is the intent of the Citv and the purpose of this subsect on._to...promote the public health safety and general welfare by authorizing a registration program within the City of Tamarac for the collection of recovered materials at Commercial Service Units. b Definitions. For the purpose of this section the following terms shall have the meanings indicated. 1 1 Certified recovered materials dealer means a dealer certified under Section 403.7046 Florida Statutes. 2 Commercial Service Units means all units other than Residential Service Units Multi -family Service Units or City Facilities. Commercial Service Units include apartment com lexes. 3 Fiscal year means October 1 through Se tember 30. (41 Person means any and all persons, natural or artificial including an individual firm or association, 12artnershil2, joint venture or other entity of an kind type, or description engaging in the conduct or activity with which this section is concerned. 5 Pecovered materials shall have the same meaning as contained in Section 403.703 Florida Statutes as may be amended from time to time. Recovered materials as described herein are not solid waste. 6 Re istrant means a certified recovered materials dealer who has registered with the City in accordance with the requirements of this section. 7 L CODING: Words in 641ke thF9UgI4 type are deletions from existing law; Words in underlined type are additions. 1 1 1 Temp. Ord. #2206 June 11, 2010 Page 21 7 Source -se arated means the recovered materials that are separated from solid waste where the recovered materials and solid waste are generated. The term does not re uire that various types of recovered materials be se arated from each other and reco nizes de minimis solid waste in accordance with industr standards and ractices ma be included with recovered materials. Materials are not considered source separated when two 21 or more jyQes of recovered materials are deposited in combination with each other in a commercial collection container located where the materials are generated and such materials contain more than ten 10 ercent solid waste by volume or weight. For purposes of this subsection the term "various types of recovered materials" means metals, par)er,.,.g lassplastic, textiles and rubber. c Registration and arolication, 1 Registration and agglication. Any person who engages in the purchasing, trans ortin and processing of recovered materials at Commercial Service Units shall re ister with the Cit in accordance with the re uirements of this section. The registrant shall submit an original and one copy of all re aired information to the lie artment of Public Works. The re istration re uired by this section shall be in addition to and not satisfied by any business tax receil2t which may be re uired. Apolications for registration re uired by this section shall be made to the City upon such form and in such manner as prescribed by the City. The application shall be in such form to elicit the following information and such other information as ma be re uired from time to time: a. Re istration fee. To be acce table for filin an a lication for rec.iistration shall be accompanied by a re istration fee in the fallowin amount as a ra riots: Initial registration application or re -application. . . $200.00 Annual renewal of registration ... $200.00 Transfer of re istration ... $100.00 b. Name and address of the dealer/registrant. including the identification of the owner or operator for the dealer; if the applicant is a business entity, its general partner or limited gartners, its corporate officers and directors. Any applicant that operates under a fictitious name shall submit information that such fictitious name is re istered in the State of Florida and held b the a licant. C. Its ermanent olace of business and mailing address if different„ d. A co of the re istrant's recovered materials certification under section 403.7046 F.S.• CODING: Words in stroke 114FOU914 type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 22 e. Certification that the recovered materials will be processed at a recovered materials processing facility satisf in_q the re uirements of section 403.7046. Florida Statutes. as amended from time to time; 2 Signatures; submission. a. The re istration and application for hauling recovered materials shall be sicned b the individual submittingthe a lication or, in the case of a corporation, by a corporate officer thereof or, in the case of a partnership or other association. by a member of the artnershi or association. Provided however, that fora publicly held corporation which has twenty-five 25 or more shareholders the signatures of the local managing officer shall be sufficient. The completed registration shall be submitted to the director of the public works department. 2. An affidavit or declaration of the apglicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments and certifying that the application meets all federal state and local law requirements. 3. A si ned statement by the agplicant as gart of the process that it is understood that the mixing of recovered materials with garbage or trash contaminates the product and renders itgarbacle or trash. In other words, garbage and trash shall not be mixed with recovered materials and shall be source separated. 3) Once it has been determined by the Director of Public Works, or his designee, that the registration application is complete., upon- apgroval of the registration registrants shall be entitled to operate fora eriod of up to one 1 year from the date of issuanceprovided, however, the registration shall be for the period of October 1 through September 30 of each fiscal year. 4 In addition to the above the registrant shall meet the following requirements: a. Reaistrant must provide to the Citv a coov of the recovered materials reporting forms as submitted to the State of Florida Department of Environmental Protection. b. The regorting format and reQortina freguency shall be established by the City pursuant to section 403.7046 which shall at a minimum include reguiring the dealer to identify the types and apQroximate amount of recovered materials collected recycled, or reused during the reporting period; the approximate percentage of CODING: Words in 6tFike th.GUgh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 23 recovered materials reused stored or delivered to a recovered materials processing facility or disposed of in a solid waste disposal facility, and the locations where any recovered materials were disl2osed of as solid waste. Information re orted under this subsection which if disclosed would reveal a trade secret as defined in section 812.081(1)(c). is confidential and exempt from the provisions of section 24(a),Article I of the State Constitution and section 119.070). The above notwithstandi%Lany and all re wired reports shall be in accordance with Rule Cha ter 52-722 Florida Administrative Code as amended from time to time. c. Source -separate all recovered material, provided, however, that containers of mixed types of recovered materials which contain more than ten 10 ercent solid waste shall not be deemed to be source separated. d. Vehicles used to transport recovered materials shall meet all applicable regulations of the Florida Department of Transportation and shall be capable of preventing s illa a or accidental release of recovered materials during transport. e. The registrant shall provide service to any commercial property between the hours of 7:00 a.m. and 7:00_p m. f. The registrant shall comps with all applicable federal, state and local laws regulations and ordinances. a. Re istrant shall conduct all collection handling and rocessin of recovered materials in accordance with the requirements of this section and the certification issued oursuant to Rule 62-722 Florida Administrative Code as amended from time to time. h. In no event shall the re istrant oerform commercial solid waste services under the guise of collecting. transporting, rocessin or disposing of recovered materials. L Registrant shall not deliver recovered materials to a facility -which is permitted as a solid waste management facility unless the re istrant has aiven Drior notification to the Cit 's director of Director of Public Works, and registrant has received authorization to utilize such iggMIL i. Registrant shall provide a copy of its certification and registration to any commercial generator of recovered materials the registrant's a ents and contractors or to customers who request such proof of registration. CODING: Words in stFike thFoug# type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 24 5 If any of the registration information submitted by the registrant changes during the term of the registration, the registrant shall report those changes to the City within thirt 3p calendar days of the change. 6 The registrant shall pay the City the re wired annual renewal of the registration fee between September 1 and October 1 of each fiscal year. d Transferability. No registration issued pursuant to this section may be assigned or transferred without the prior written approval of the City. e) Inspection of books and records. The City shall have the riqht at all times upon reasonable notice to inspect the relevant books and records of registrant. The inspection shall be for the purpose of verifying that the registrant is in compliance with the requirements of this section. The books and records of the registrant shall be maintained at a location within Broward Countv, Florida, or produced at such location upon request of the City Violation; penalty. 1) Violation. Each violation of this section or anv of its subsections is deemed a separate and distinct infraction of this Code; however, for the first violation of operating without a registration the hauler or dealer shall be iven a written warning and allowed ten 10 calendar days to aQply for and receive the required registration. (2) Penalty. Anv person who violates anv provision of this section shall be unished as provided.herein: a. Fine. Each violation 'of this section shall be punishable by a minimum civil penalty of two hundred fifty dollars (1250.00). A maximum civil penalty of five hundred dollars 500.00 may be assessed plus the costs associated with investi ation and prosecution together with any equitable remedies deemed reasonable and proper by the court. b. Revocation. The violation of the terms and conditions of this section may be cause for revocation of the re istration. The Cit Mana er may, u on consistent and repeated violations of this section revoke a registration for a violation as aforementioned and may immediately declare such registration null and void and upon such declaration the hauler issued the registration shall immediately cease all operations and shall be considered to have forfeited such registration and the rights ac uired thereunder. Should the City Manager decide to revoke a registration, he shall provide the hauler with notice of such revocation and the reasons therefore. Such notice shall be sent certified mail, return receipt requested. Upon receipt of such notice the hauler may appeal such CODING: Words in stFlke thFou^h type are deletions from existing law; Words in underlined type are additions. 1 1 Temp. Ord. #2206 June 11, 2010 Page 25 revocation to the City Commission, and the appeal and hearing thereon shall be conducted in accordance with the following procedures: 1. Should a hauler seek appeal from the revocation of the re istration the a licant shall furnish notice of such re nest for appeal to the City Clerk no later than twenty (20) calendar days after the date of receipt of the certified letter advising applicant of revocation of the registration. 2. Upon receipt of a request for appeal, the City Clerk shall thereu on fix the date and time at which the _City Commission shall hear the appeal, such hearing to be held not less than ten 10 nor more than thirty 30 calendar days subsequent to the date u on which such reguest for appeal was filed with the City_ Clerk. Upon setting the matter for hearing,the City Clerk shall notify the applicant of the date and time of such hearing At the conclusion of the hearing the City Commission shall either sustain the decision of the City Manager or direct the City Manager to issue a registration. c. Other enforcement. Nothing in this section shall rohibit the e- from enforcing this section by other means. Exem Lions. The registration re uirements re aired of this section shall not be required by persons exempt pursuant to Rule 62-722.200 Florida Administrative Code as amended from time to time. h Effective October 1 2010. an approved registration as described herein must be held by all haulers who _provide collection services for recovered materials within the Glty. SECTION 3. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida. The Sections of this Ordinance may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, CODING: Words in stFike thFewgI4 type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2206 June 11, 2010 Page 26 such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. SECTION 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 6. This Ordinance shall become effective upon adoption. PASSED, FIRST READING this 2 day of , 2010. PASSED, SECOND READING this ay of 2010. BY: AZT-P4T: M OR BETH TALABISC MC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: )EL S, ATTO %�4414 RECORD OF COMMISSION VOTE:1 st Reading MAYOR TALABISCO DIST 1: COMM.BUSHNELL DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: VM. DRESSLER RECORD OF COMMISSION VOTE: 2nd Reading MAYOR TALABISCO DIST 1: COMM BUSHNELL �/IYIII DIST 3: COMM. GLASSER DIST 4: VM. DRESSLER SSG:KLE:dnt H:\2005\050164 TAMARAC\ORD 2010\2010- _ (Solid Waste)REV2.doc CODING: Words in type are deletions from existing law; Words in underlined type are additions. 1 1