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0432 Garbage and Trash DisposalORDINANCE NO. 432 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMEND- ING THE CODE OF ORDINANCES TO PROVIDE A NEW CHAPTER TEN RELATING TO GARBAGE AND TRASH PICKUP AND DISPOSAL; PROVIDING RULES AND REGULATIONS RELATING TO GARBAGE AND TRASH . ACCUMULATION; PROVIDING FOR COLLECTION; PRO- VIDING FEES; PROVIDING SPECIAL PERMITS; PRO- VIDING RESPONSIBILITY FOR PAYMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has become aware of the intention of the Board of County Commissioners of Okeechobee County to re- locate the existing garbage and trash landfill, and WHEREAS, as a result of the location of said garbage and trash landfill and the substantial increase in mileage it is anticipated littering of the city streets and illegal use of garbage and trash dumpsters will increase, and WHEREAS, the City Council for the protection of the health, safety, and welfare of the citizens of Okeechobee feels control should be exercised and rules and regu- lations established for safe and efficient pickup and disposal of solid waste mate- rial through mandatory use of the garbage and trash pickup facilities within the municipal limits of the City of Okeechobee. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I: CHAPTER TEN OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE BE AND IT HEREBY IS AMENDED TO READ AS FOLLOWS: CHAPTER 10 GARBAGE AND TRASH ARTICLE I: IN GENERAL SECTION 10-1: PREMISES TO BE KEPT CLEAN AND FREE OF GARBAGE AND TRASH All premises within the city limits shall be kept free from garbage, or other refuse matter, and no persons shall leave exposed or cause to be left exposed on public or private property for a period of time in excess of 24 hours any garbage or perishable matter. The owner or person in control of the premises shall cause all garbage or other refuse matter to be hauled away to some suitable place and disposed of in a sanitary manner. All premises in the city shall be kept in a state of sanitary cleanliness and shall be kept free from tin cans, refuse matter, trash, weeds, standing water or other noxious or unsanitary substances. The persons living upon or in control of such premises shall be held responsible for its condition under the provisions of this chapter. SECTION 10-2-10-10: RESERVED ARTICLE II: ACCUMULATION SECTION 10-11: CONTAINERS REQUIRED FOR GARBAGE a) All garbage shall be retained in watertight receptacles of impervious mate- rial which are provided with tight fitting covers suitable to protect the contents from flies, insects, rats and other animals. Garbage shall not be stored in drums. b) All apartments of four units or more are required to use commercial sani- tary garbage containers as approved by the city. SECTION 10-12: LEAVING ON OR NEAR STREETS a) No person shall dump, leave or dispose of garbage, rubbish, trash or other . waste matter in or on any street, road, highway, alley of the city, or within 200 yards of such street, road, highway, or alley. -2- SECTION 10-12: LEAVING ON OR NEAR STREETS (CONTINUED) b) Garbage in an approved container and containerized rubbish and trash shall be placed in the right-of-way of the streets, roads, highways, or alleys to be picked up on regular garbage and trash collection routes of the city without violating this section, so long as such garbage, rubbish, trash, or other waste material does not remain undisposed of for a period in excess of two regular garbage or rubbish rounds. SECTION 10-13: RESPONSIBILITY OF PROPERTY OWNERS AND OCCUPANTS No person owning, leasing or occupying any property within the city shall allow trash, rubbish, garbage, or refuse to accumulate or remain on such property. SECTION 10-14: THROWING ON VACANT PROPERTY No person shall throw trash, rubbish, or garbage or cause trash, rubbish or garbage to be thrown on vacant property in the city. SECTION 10-15: THROWING IN OR NEAR TAYLOR CREEK No person shall throw, place, or deposit or cause to be thrown placed or de- posited into Taylor Creek or on the shore thereof within the city any trash, garbage, dead fish, manure, decayed food or filth of any kind which by its odor, decay or putrefaction, would or could become offensive to human beings residing in the vicin- ity thereof or detrimental to health, or create a nuisance. SECTION 10-16-10-20: RESERVED ARTICLE III: COLLECTION SECTION 10-21: REQUIRED USE OF GARBAGE AND TRASH COLLECTION SERVICE It being determined by the City Council for the health and welfare of the community, each and every residence, place of business, or any other type structure or abode shall be required to place their garbage and trash as herein provided at the curb-side on regular collection days so that said garbage and trash or other matter may be picked up and disposed of in a safe and sanitary manner. Garbage and trash collection service shall be provided not less than one time per week and pickup shall not be reduced by holidays but pickups normally scheduled to be made on a holiday may be re-scheduled upon notification to the affected resi- dential or commercial premises by publication notice in a newspaper of general cir- culation in the area served by the city. SECTION 10-22: WASTE RECEPTACLES AND HOURS OF COLLECTION a) Garbage and trash: Garbage and rubbish shall be placed for collection separately from trash and shall be placed in waste receptacles with a gross weight of not more than 40 pounds and meeting the following addi- tional standards: 1) Containers for garbage shall not be greater in size than 30 gallons and said containers shall be free from jagged or sharp edges, free from inside structures, such as inside bands of reinforcing angles which would prevent free discharge of the contents; must be water- tight and of impervious materials; and provided with a tight fitting cover to protect the contents from flies, insects, rats or other animals. b) Trash: Leaves and grass clippings in an acceptable container shall be placed for collection adjacent to the street, highway, or alley within the public right-of-way. Tree trunks, stumps, limbs, trimmings, or waste building materials not exceeding five feet in length shall be placed sep- arately and shall not weigh in excess of 40 pounds. Major appliances and furniture not suitable to be reduced in size and that weigh more than 40 pounds shall be removed only upon special request. Trash shall be placed for collection separately from garbage and the city garbage and trash collection company shall not be required to collect any trash which does not comply with the requirements in this sub-section or which exceeds five cubic yards per weekly pickup unless authorized for special removal at an additional charge. -3- SECTION 10-22: WASTE RECEPTACLES AND HOURS OF COLLECTION (CONTINUED) c) Location of residential waste for collection. All persons receiving resi- dential waste collection service pursuant to this chapter shall place waste • receptacles, disposable containers and other items at the curb-side. d) Removal of improper or damaged receptacles. Any container used for the collection or storage of residential waste which fails to meet the standards perscribed by this chapter shall be clearly marked by the city or its franchisee specifying the manner in which the container fails to meet these requirements. Any container which fails to meet these requirements, and is so marked, shall be removed from service by the party furnishing it. Upon failure of the party furnishing the container to remove it from ser- vice after written notice by the city, the city shall remove the container from service and destroy it. e) Hours of collection. The city shall provide residential waste collection services between the hours of 6:30 A.M. and 6:00 P.M., except to meet holiday or emergency demands as directed by the city. SECTION 10-23: PERMIT FOR OTHER DISPOSAL a) No person shall, in any manner, dispose of or attempt to dispose of garbage or trash in the city without having the method and place of such disposal approved by the City Council and obtaining a permit therefore from the City Clerk, which permit shall cost $75.00 per calendar year or any part thereof. b) Such person may elect to pay the regular garbage and trash collection fee in lieu of such permit fee. SECTION 10-24: ISSUING OF SUCH PERMITS WITHOUT FEE Not withstanding any provisions in this article to the contrary, the City Clerk may issue a permit to any person at no fee for a period of one week permitting dumping of material which is determined by the City Council to be in the best interest of the city; it being the principle purpose of this provision to authorize the dump- ing of riprap and other building material such as concrete to bolster, strengthen, or support the banks of Taylor Creek and where such dumping shall be approved by the Corps of Engineers or other state or federal agency exercising jurisdiction thereof. SECTION 10-25: PAYMENT REQUIRED No person shall fail or refuse to pay the garbage and trash collection fee pro- vided for in this article. SECTION 10-26: PAYMENTS DUE WHETHER OR NOT SERVICE IS USED All fees assessed pursuant to this article shall be due and collectible regard- less of whether or not any particular dwelling, business, or person avails itself or himself of this service except when the residence is vacant due to vacation and where the proper notice has been filed with the city. SECTION 10-27: WHERE FEES PAYABLE All garbage and trash collection fees shall be paid at the City Hall or at such other place as the city may direct by resolution of the City Council. SECTION 10-28: DELINQUENT PAYMENTS - PENALTIES a) If any person is fifteen (15) days or more delinquent in paying garbage and trash collection fees, there shall be assessed against such person a penalty equal to twenty five (25) percent of the collection fee. b) In addition, at any time any person shall be delinquent fifteen (15) days or more in the payment of fees provided for garbage and trash collection, the town shall not pickup the garbage or trash of such person until all fees and penalties are paid in full. -4- SECTION 10-29: CONSOLIDATED BILLING The billing for garbage and trash collection service and water and sewer service and other services of the town shall be billed in a consolidated bill and the full • amount of bill shall be due and payable as provided by law. Should any portion of said bill become delinquent within the time period provided by Section 10-28 (b) then, and in that event, all or portions of said services provided by such billing may be discontinued until all fees and penalties are paid in full. Questions concerning consolidated billing will be handled on a case by case basis. SECTION 10-30: RESPONSIBILITY FOR PAYMENT The owner, tenant, or occupant of any premises in the town shall be responsible for the payment of the consolidated billing of garbage and trash collection and water and sewer service. However, the primary obligation for the payment thereof shall be that of the owner of the premises who whall be deemed to be the guarantor thereof of any tenant or person occupying such premises. SECTION 10-31: RESIDENTIAL COLLECTION FEES There is hereby assessed against each owner, tenant or occupant of each dwell- ing house in the city a garbage and trash collection fee. The fee is hereby set at $5.00 per month and pays for garbage pickup consisting of not more than four thirty gallon garbage cans once per week. SECTION 10-32: FEES FOR SERVICING DUMPSTERS There is hereby assessed against each owner, tenant or occupant of each business establishment in the city a garbage and trash collection fee for each dumpster rented by the owner, tenant or occupant an amount of $3.00 per cubic yard. SECTION 10-33: BUSINESS ESTABLISHMENT COLLECTION FEE - SCHEDULE There is hereby assessed against each owner, tenant or occupant of each business establishment in the city a monthly garbage and trash collection fee, the amount of which shall be determined by the City Council as per the following schedule: All businesses, professions and occupations not required to have a commer- cial dumpster shall be assessed a collection fee of $8.00 per month for the pickup of garbage and trash not exceeding six thirty gallon containers per week. Dumpsters will be required when, in the opinion of the city, refuse generated comes to three (3) cubic yards per month on a regular basis. SECTION 10-34: SAME - WHEN PAYABLE All collection fees imposed by Section 10-32 shall be due and payable when billed and billing will be based on the number of pickups required per month. SECTION 10-35: FEES FOR EXCESSIVE AMOUNTS OF GARBAGE OR TRASH Not withstanding any of the fees provided for in this article for the collection of garbage and trash, if any person occupying any dwelling house or business establish- ment shall have a quantity of garbage or trash which exceeds the usual amount to such an extent as to require special trips by the collection crews to pick up same, the City Council may assess an extra garbage and trash fee based on the time, labor, gasoline, diesel and oil required for such special trips. SECTION II: THIS ORDINANCE SHALL TAKE EFFECT ON MAY THE 18th, 1981. Introduced ~ on first reading this 10th day of March, 1981. i . Mayor ATTEST: City Clerk -5- Introduced and passed on second and final reading this 2nd day of April, 1981. r ~ ~J ayo ATTEST:- City Clerk APPROV AS TO City Attorney CITY OF OKEECHOBEE ~.r '.0 ~ l'IIy I!-AI.1 .c. ti. F Tmml :V,f,NI'E 13 763-33 2 # ./i~~ (Il~h:h;('Iftilil'P:, PI.ORjj)2N:t:l.i7l ~ Ih~r~rr a/~7'!tr ,~r~~~ur~l I,en~,.;~e~.~t 1~'rr~•h lt'trlrr l,nl;r in lllr~ 1'nr(rrl .~'lutrs R p May 13, 1981 Mr. Jay Huffman L.P. Sanitation, Inc. 108 Northwest 10th Avenue Okeechobee, Florida 33472 Dear Mr. Huffman: After a number of discussions relative to your request for increase's in your residential rates due to Okeechobee County relocating its landfill, the Council has taken the followirnl action: 1. Adopted a mandatory garbage ordinance requiring each business, institu- tion and resident within the City of Okeechobee to subscribe to the sanitation service offered by L.P. Sanitation. 2. Has provided that billing for these services will be accomplished by the city including the monthly charges on the water and sewer bills. Those few residents not having water service will receive a separate city bill for garbage only. 3. Approved a rate schedule for businesses not required to use a dumpster of $8.00 per month. (businesses generating more than three uards per mo. of trash and rubbish will be required to utilize a dumpster) 4. Approved on first reading (and enclosed for your files) a list of charges to be made per month for garbage and trash pickup where com- mercial dumpsters are used. (This fee will not become effective un- til after the public hearing on May 26th, I981.) 5. No other terms of the existing franchise have been changed and you will continue your operation under the existing franchise, a copy of which is attached. 6. Compensation to L.P. Sanitation will be based on collections grid re- m .ittance will be made by the 15th of the month foIIowin collection by the city. The amount to be remitted to L.P. Sanitation shall b,, $4.30 per residential customer per month, $8.00 per month for c_~ach business not using a dumpster and 700of the monthly charges collected for those using dumpsters. 7. You will furnish the city a schedule indicatin(7 the days that residential customers clay expect garbage and tr,_rsh pickup. n e Page Two Mr. Jay Huffman May 13, 1981 16 Please stay in touch with the city office as close coordination will be required on this changeover to mandatory garbage and trash service effective May 18th, 1981. If you agree with the substance of this letter please sign one copy and return it to me. Sincerely, CITY OKEECHOBEE Richard C. Fell ws administrative Assistant For Tj.P.,1Sanit4t1on, Inc. Enclosures cc: City Council Bonnie Thomas David (.,)nlon L.C. Fortner, Jr. RCF/r1 The above is approved subject to the understanding that section 10-36 of the Code of Ordinances of the City of Okeechobee regarding mandatory penalties is not in effect. ~Ir an'!-tion, Inc.