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HomeMy WebLinkAboutCode Master Project 1978: Chapter 673: Garbage and TrashLDR Codification May 1990 [checkmark] § 673 . 01 GARBAGE & TRASH REMOVAL § 673. 01 CHAPTER 673 GARBAGE & TRASH REMOVAL Sec . 673 . 01 Definitions. For the purpose of this Chapter, the following words and terms shall have the following meanings : (A) Approved Container shall mean industrial con- tainers as defined herein, and trash cans provided by customer and acceptable to the City. (B) Bulk Container shall mean a fifty-five (55) gallon drum supplied by the City for temporary storage of refuse or trash at street and beach locations and other City recreational facilities. (C) Business shall mean and include all retail, professional, wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public . (D) Commercial shall mean and include all dwellings and businesses serviced by an industial container of two (2) cubic yards capacity or greater. (E) Containerized business shall mean and include any business, multi-family dwelling or other structure whose garbage and/or trash is deposited in an approved container for removal by the Collector. (F) Duplex shall mean and include a detached two- family dwelling designed or intended for occupancy by two (2) families. (G) Garbage shall mean and include all waste and accumulation of animal, fruit or vegetable matter that attends , or results from the preparation, use, handling, cooking, serving or storage of meats , fish, fowl, fruit, vegetable matter, of any nature whatsoever, which is subject to decay, putrification, and the generation of noxious and offensive gasses or odors, or which may serve as breeding or feeding materials for flies and/or other germ carrying insects. (H) Hazardous materials shall mean wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics. § 673.01 GARBAGE & TRASH REMOVAL § 673 .01 (I) Horticultural trash shall mean accumulation of lawn, grass or shrubbery cuttings or clippings and dry leaf rakings, palm fronds, small tree braches (shall not exceed four (4) feet in length and thirty (30) inches in diameter), bushes or shrubs, green leaf cuttings, coconuts, fruits or other matter usually created as refuse in the care of lawns and yards, except large branches, trees or bulky or non-combustible materials not susceptible to normal loading. (J) Individual containers shall mean an individual twenty (20) or thirty (30) gallon container provided by the resident for temporary storage of refuse. (K) Industrial shall mean establishments generating waste accumulation of metal, metal products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses or materials usually created by industrial enterprises . (L) Industrial container shall mean a two (2) cubic yard or larger container which can be emptied by mechanical means. (M) Multi-family dwelling shall mean and include any building or structure containing four (4) or more con- tiguous living units and intended exclusively for res- idential use by single persons or families . (N) Non-containerized business shall mean and include any dwelling, business, apartment or other structure whose trash is deposited and collected by means other than a container. (0) Refuse shall mean a combination of garbage, horti- cultural trash and small pieces of materials which are containerized for routine pickup. (P) Single-family residence shall mean and include a detached single-family dwelling designed or intended for occupancy by one (1) person or by one (1) family. (Q) Special material shall mean those bulky materials or other special wastes that are not stored in approved containers and are not routinely generated in residential areas. (R) Trailer parks shall mean and include any group § 673.01 GARBAGE & TRASH REMOVAL §673.02 of two (2) or more trailer lots operated as a commercial business to provide parking for mobile homes as living units . (S) Trash shall mean a combination of large horticultural trash and material which by the nature of its size cannot be containerized. (T) Triplex shall mean and include a detached three (3) family dwelling designed or intended for occupancy by three (3) families. [Ord. No. 9-78, §1, 16 May 1978] See Ord. 33-87 Sec 673 .02 Garbage Receptacles to be Provided. All owners, residents and all occupants of any residential unit and the owner, user, manager or occupants of any 'fiultiple dwelling unit, or of any place or business or commercial establishment with the City are hereby re- quired to provide a garbage receptacle to hold four (4) days accumulation of garbage. Sunken garbage receptacles are specifically prohibited. [Ord. No. 13-85 , §1, 5 Mar 85] (B) In lieu of individual garbage receptacles, an industrial container or containers may be used. Said container shall be provided by the collector and the City Manager shall first determine whether or not an industrial container shall be provided to any owner, user, manager or occupant so requesting an industrial container. Mul- tiple dwelling units containing less than ten (10) units may be provided an industrial garbage container at the discretion of the City Manager. All commercial establish- ments, establishments other than professional offices or other offices, shall be required to have mechanical con- tainers at the discretion of the City Manager. Single family residences, duplexes and triplexes shall not be permitted to use industrial containers . (C) It shall be the duty of the owner, manager, tenant or occupant of any multiple dwelling unit to furnish or see that each unit with cooking facilities of said multiple dwelling is furnished or supplied with a garbage receptacle or receptacles or industrial container or containers adequate and sufficient in size to comply with the terms of this Ordinance. All such receptacles or containers shall be kept tightly covered at all times except when it is necessary to lift the cover for disposal or removal of refuse or to deposit refuse therein. PAGE REVISED 5 MAR 85 § 673.02 GARBAGE & TRASH REMOVAL § 673.03 It shall be unlawful for any person to deposit refuse in such amount in the receptacle or receptacles or in- dustrial containers that will not permit the cover there- of to be kept tightly in place. [Ord. No. 9-78, § 2, 16 May 1978] Sec. 673 . 03 Residential garbage, refuse and trash pickup conditions . (A) Residential garbage. All garbage receptacles shall be located so that they are easily accessible by the Collector and shall not weigh more than forty (40) lbs . No collection of garbage will be made by the Collector within any fenced-in yard, closed enclosure, or where the collector would be exposed to a potentially vicious animal. It shallbe the responsibility of all owners and residents and all occupants of single or multiple family dwelling units with such fenced-in yards or enclosed areas to place the garbage receptacles in an area which is easily accessible to the collector on collection days. (B) Residential trash or rubbish collections. Horti- cultural trash, household trash and rubbish collections will be made at the front property line adjacent to the street. Accumulations of grass, leaves, greenleaf cuttings, fruits and similar loose materials shall be placed in bags, boxes or otherwise containerized for ease in handling. Collector shall be required to pick up no more than one large piece of furniture or appliance per residential dwelling unit at any regular pickup. Accumulations in excess of this requirement shall be collected as other- wise provided in this Chapter. (C) Location of garbage receptacles . Garbage recep- tacles shall not be located in such places or under such conditions as to cause unnecessary or unreasonable offense to sightliness, cleanliness, safety or other sanitary con- ditions . They shall not be kept upon neighboring property, not in the ownership or tenancy of the person by whom the garbage was accumulated, whether such neighboring property be vacant or improved, without the written consent of the person having the right to possession and use of the property. No garbage receptacle or industrial container shall be placed on any City right-of-way, except for immediate pickup. The City Manager may make an exception to location of an industrial container or garbage recep- tacle on any City right-of-way, in writing. Industrial containers shall not be placed in such manner as to hinder the closing of container lids. § 673 .03 GARBAGE & TRASH REMOVAL § 673.06 (D) Obstruction. It shall be unlawful for any person to park a motor vehicle in such a way that the collector cannot service industrial containers or otherwise block access to such containers . (E) It shall be unlawful for a person to place refuse in a container assigned to another address, without writ- ten permission of the owner. [Ord. No. 9-78 , § 3 , 16 May 1978] Sec. 673 . 04 Burning or burying of garbage and horti- cultural trash, household trash and rubbish. It shall be unlawful for any person to bury garbage, horticultural trash, household trash or rubbish which is or is reasonably likely to become a nuisance or menace or threat to the health of residents within the City. No such garbage, horticultural trash, household trash or rubbish shall be burned within the corporate limits of the City of Cape Canaveral, unless approval has first been obtained from the City Manager. [Ord. No. 9-78, § 4 , 16 May 1978] Sec. 673 . 05 Proper disposal of garbage and refuse as a prerequisite to collection. No removal or collection of garbage and refuse shall be required by the Collector from any premises within the City, unless the garbage and refuse is deposited in a proper receptacle as herein de- fined, and the owner or occupant or person responsible for using said premises shall be prosecuted for non-compli- ance. [Ord. No. 9-78 , § 5 , 16 May 1978] Sec. 673 . 06 Unlawful accumulation. It shall further be unlawful and a violation of this Chapter for the owner and/or occupant or manager or person responsible for any land or premises to permit, suffer, allow, either by commission or omission any accumulation of garbage, horti- cultural trash, household trash and rubbish, or industrial waste, upon premises or property within the City of Cape Canaveral for a period longer than four (4) days without having arranged for disposal of said accumulation by the Collector to perform such services and it shall be unlaw- ful and a violation of this Chapter for any person, whether owner, manager or occupant of any premises, to ,fail to provide a sufficient number of containers or receptacles per unit as provided herein, to amply provide for any four (4) day period of garbage, horticultural trash, household trash or rubbish. Nothing herein contained shall prevent the owner or occupant, manager or person responsible for said premises to remove accumulations of horticultural § 673. 06 GARBAGE & TRASH REMOVAL § 673.10 353 trash, household trash or rubbish or industrial waste, himself, to a proper place of disposal. In the event that removal of excess accumulations are arranged with the Collector, the rate charged by the Collector shall be negotiated and shall be paid in advance as may be required by the Collector. [Ord. No. 9-78 , § 6, 16 May 1978] Sec. 673. 07 Unlawful disposal. It shall be unlawful to deposit or dispose of garbage, horticultural trash, household trash, rubbish or industrial waste upon the premises of another, or upon any street, alley, parkway or other public property, or any canal, ditch, water, waterway, river, ocean, sandbed, pool, pond or the like, within the City, or in the receptacle of another, except that tenants of multiple dwellings or businesses, where authorized, may deposit such accumulations in receptacles upon which the owner or manager of said multiple dwelling, apartment or business building has authorized for the use of the tenants by the owner or manager thereof. [Ord. No. 9-78, § 7, 16 May 1978] Sec. 673 . 08 Transfer of garbage or trash over public streets. Unless a person shall have been specifically authorized and licensed by resolution of the governing body to do so, it shall be unlawful for any person to transport garbage, horticultural trash, household trash, rubbish or industrial waste through or over the public streets or alleys of the City, except as otherwise pro- vided in Section 673. 06 hereof. This provision shall be literally construed to protect the public health, safety and general welfare. [Ord. No. 9-78 , § 8 , 16 May 1978] Sec. 673 . 09 Complaint procedure. The Collector is obligated to promptly respond to all complaints concern- ing the quality or absence of collection service. All complaints with regard to refuse and trash collection service directed by this Chapter shall be made to the City, and subsequently directed to the Collector by the City Manager. [Ord. No. 9-78, § 9 , 16 May 1978] Sec . 673. 10 Penalties . Any person who fails to comply with this ordinance or who violates the same, or who creates or maintains garbage, horticultural trash, household trash or rubbish, shall be considered as having violated this Chapter, and upon conviction in a court of competent jurisdiction, shall be punished by a fine not to exceed $250 . 00 or imprisonment not to exceed ten (10) days, or by both such fine and imprisonment. [Ord. No. 9-78 , § 10, 16 May 1978] §673.11 GARBAGE & TRASH REMOVAL §673.11 Sec. 673.11 Schedule of Fees. A . Owner of any residence or commercial building within the City of Cape Canaveral , Florida , shall pay fees as established by the City Council. The schedule of fees is subject to revision from time to time as may be necessary. All revisions shall be done by Reso- lution. B. Failure of users to pay fees within thirty ( 30) days of the billing date shall be a violation of this Chapter . In addition, the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable attorney ' s fee and costs, if such civil action is necessary. C . All fees becoming due and payable on or after the effective date of this chapter shall constitute and are hereby imposed as a special assessment lien against the real property and personal property aforesaid , and until fully paid and discharged, shall remain liens equal in dignity with the City ' s ad valorem taxes , and superior in rank and dignity to all liens, encum- brances, titles and claims in , to or against the real property involved. Such fees shall become delinquent if not fully paid within thirty (30 ) days after the due date . All delinquent service charges shall bear a penalty equal to ten percent (10% ) of such fees due and penalty shall be added thereto as a late charge . Unpaid delinquent service charges , together with all penalties imposed thereon shall remain and constitute special assessment liens against the real and personal properties involved. Such special assessment liens for garbage fees and penalties shall be enforced by any of the methods provided in Chapter 86 , Florida Statutes, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173 Florida Statutes , or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. D . In addition to the collection procedure and foreclosure procedure established in the preceding subsections, the City Manager is hereby empowered to PAGE REVISED AUG 87 §673.11 GARBAGE & TRASH REMOVAL §673.13 355 discontinue water and/or sewer service to the owner of any residence , commercial buildings or establishment who fail to pay the monthly garbage charge as provided for in this subsection. E. Each condominium association within the City of Cape Canaveral will be responsible for the monthly condominium garbage fee provided herein . [ Ord . No. 9-78, §11, 16 May 78; Ord. No. 21-84, §1, 2 Oct 84 ] Sec . 673 . 12 Authority of City to Collect. Nothing contained in this Chapter shall be construed to prevent the City from creating or acting as its own garbage and/or trash collection or disposal service or facility, either independently, exclusively or in con- junction with others. [Ord. No. 9-78, §12, 16 May 78 ] Sec . 673 . 13 Legislative Intent. If this Chapter or any section hereof, or any sentence, phrase or word be declared illegal or unlawful by a court of competent jurisdiction, it is the intent that such illegal word, phrase , sentence or section shall not affect the legality of the remainder of this Chapter . [Ord . No. 9-78, §13 , 16 May 78 ] PAGE REVISED AUG 87 Codified Jan 80 § 673. 03 GARBAGE & TRASH REMOVAL § 673 . 06 (D) Obstruction. It shall be unlawful for any person to park a motor vehicle in such a way that the collector cannot service industrial containers or otherwise block access to such containers . (E) It shall be unlawful for a person to place refuse in a container assigned to another address , without writ- ten permission of the owner. [Ord. No. 9-78 , § 3 , 16 May 1978] Sec. 673 . 04 Burning or burying of garbage and horti- cultural trash, household trash and rubbish. It shall be unlawful for any person to bury garbage, horticultural trash, household trash or rubbish which is or is reasonably likely to become a nuisance or menace or threat to the health of residents within the City. No such garbage, horticultural trash, household trash or rubbish shall be burned within the corporate limits of the City of Cape Canaveral , unless approval has first been obtained from the City Manager. [Ord. No. 9-78 , § 4 , 16 May 1978] Sec. 673. 05 Proper disposal of garbage and refuse as a prerequisite to collection. No removal or collection of garbage and refuse shall be required by the Collector from any premises within the City, unless the garbage and refuse is deposited in a proper receptacle as herein de- fined, and the owner or occupant or person responsible for using said premises shall be prosecuted for non-compli- ance. [Ord. No. 9-78 , § 5 , 16 May 1978] Sec. 673 . 06 Unlawful accumulation. It shall further be unlawful and a violation of this Chapter for the owner and/or occupant or manager or person responsible for any land or premises to permit, suffer, allow, either by commission or omission any accumulation of garbage, horti- cultural trash, household trash and rubbish, or industrial waste, upon premises or property within the City of Cape Canaveral for a period longer than four (4) days without having arranged for disposal of said accumulation by the Collector to perform such services and it shall be unlaw- ful and a violation of this Chapter for any person, whether owner, manager or occupant of any premises , to ,fail to provide a sufficient number of containers or receptacles per unit as provided herein, to amply provide for any four (4) day period of garbage, horticultural trash, household trash or rubbish. Nothing herein contained shall prevent the owner or occupant, manager or person responsible for said premises to remove accumulations of horticultural § 673.06 GARBAGE & TRASH REMOVAL § 673.095 353 trash, household trash or rubbish or industrial waste, himself , to a proper place of disposal. In .the event that removal of excess accumulations are arranged with the Collector, the rate charged by the collector shall be negotiated and shall be paid in advance as may be required by the Collector. [Ord. No. 9-78 , 5 6, 16 May 78] Sec. 673 .07 Unlawful disposal . It shall be unlawful to deposit or dispose of garbage, horticult- ural trash, household trash, rubbish or industrial waste upon the premises of another , or upon any street, alley, parkway or other public property, or any canal, ditch, water , waterway, river, ocean, sandbed , pool, pond or the like within the City or in the recept- acle of another, except that tenants of multiple dwellings or businesses, where authorized, may deposit such accumulations in receptacles upon which the owner or manager of said multiple dwelling , apartment or busi- ness building has authorized for the use of the tenants by the owner or manager thereof. [Ord. No. 9-78, § 7, 16 May 78 ] Sec. 673 . 08 Transfer of garbage or trash over public streets. Unless a person shall have been specif- ically authorized and licensed by resolution of the governing body to do so , it shall he unlawful for any person to transport garbage, horticultural trash, house- hold trash, rubbish or industrial waste through or... over the public streets or alleys of the City, except as otherwise provided in Section 673 . 06 hereof. This pro- vision shall he literally construed to protect the public health, safety and general welfare . , [Ord. No. 9-78, § 8 , 16 May 78] Sec. 673 . 09 Complaint procedure. The Collector is obligated to promptly respond to all complaints concern- ing the quality or absence of collection service. All complaints with regard to refuse and trash collection service directed by this Chapter shall be made to the City, and subsequently directed to the Collector by the City Manager. [Ord. No . 9-78, § 9 , 16 May 78 ] Sec. 673 .095 Garbage to be Property of City. Owner- ship of garbage and trash set out for collection shall be vested in the City. It shall be unlawful for any person other than the authorized collection agency to PAGE REVISED 17 OCT 89 354 § 673.095 GARBAGE & TRASH REMOVAL § 673.11 disturb, scatter, spread about, or remove any garbage and trash set out for collection. Law enforcement agencies and their personnel when within the scope of their employment are exempt from the provisions of this Section. [Ord. No. 16-89 , 5 1 & 2, 17 Oct 89 ] Sec. 673 . 10 Penalties . Any person who fails to comply with this ordinance or who violates the same, or who creates or maintains garbage, horticultural trash, household trash or rubbish, shall be considered as having violated this Chapter , and upon conviction in a court of competent jurisdiction, shall be punished by a fine not to exceed $250 .00 or imprisonment not to ex- ceed ten ( 10) days, or by both such fine and imprisonment . [Ord. No. 9-78 , § 10, 16 May 78 ] Sec. 673 . 11 Schedule of Fees. A. Owner of any residence or commercial building within the City of Cape Canaveral , Florida, shall pay fees as established by the City Council . The schedule of fees is subject to revision from time to time as may be necessary. All revisions shall be done by Resolut- ion. B. Failure of users to pay fees within thirty ( 30) days of the billing date shall be a violation of this Chapter. In addition, the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent juris- diction, including a reasonable attorney' s fee and costs, if such civil action is necessary. C. All fees becoming due and payable on or after the effective date of this chapter shall constitute and are hereby imposed as a special assessment lien against the real property and personal property aforesaid, and un- til fully paid and discharged, shall remain liens equal in dignity with the City' s ad valorem taxes, and superior in rank and dignity to all liens, encum- brances, titles and claims in, to or against the real property involved. Such fees shall become delinquent if not fully paid within thirty ( 30) days after the due date. All delinquent service charges shall bear a pen- alty equal to ten percent ( 10% ) of such fees due and penalty shall be added thereto as a late charge. PAGE REVISED 17 OCT 89 355 § 673.11 GARBAGE & TRASH REMOVAL § 673.13 Unpaid delinquent service charges , together with all penalties imposed thereon shall remain and constitute special assessment liens against the real and personal properties involved. Such special assessment liens for garbage fees and penalties shall be enforced by any of the methods provided in Chapter 86, Florida Statutes, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173 Florida Statutes , or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. D. In addition to the collection procedure and fore- closure procedure established in the preceding subsections, the City Manager is hereby empowered to discontinue water and/or sewer service to the owner of any residence, commercial buildings or establishment who fail to pay the monthly garbage charge as provided for in this subsection. E . Each condominium association within the City of Cape Canaveral will be responsible for the monthly condominium garbage fee provided herein. [Ord. No. 9- 78 , §11 , 16 May 78 ; Ord. No. 21-84, § 1 , 2 Oct 84 ] Sec. 673. 12 Authority of City to Collect. Nothing contained in this Chapter shall be construed to prevent the City from creating or acting as its own garbage and/or trash collection or disposal service or facil- ity, either independently, exclusively or in conjunct- ion with others . [Ord. No. 9-78, § 12 , 16 May 78 ] Sec. 673 . 13 Legislative Intent. If this Chapter or any section hereof, or any sentence, phrase or word be declared illegal or unlawful by a court of competent jurisdiction, it is the intent that such illegal word, phrase , sentence or section shall not affect the legal- ity of the remainder of this Chapter. [Ord. No. 9-78, § 13 , 16 May 78 ] PAGE REVISED 17 OCT 89 To be codified Codifed Jan 90 History File ORDINANCE NO. 16-89 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 673 , GARBAGE AND TRASH REMOVAL, TO PROVIDE FOR OWNER- SHIP OF GARBAGE AND TRASH TO BE VESTED IN THE CITY; PROVIDING UNAU- THORIZED COLLECTION; PROVIDING AN EXEMPTION FOR LAW ENFORCEMENT PERSON- NEL, PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1 . Section 673 . 095 is hereby established as follows: Garbage to be Property of City - Ownership of garbage and trash set out for collection shall be vested in the City. It shall be unlawful for any person other than the authorized collection agency to disturb, scatter, spread about, or remove any garbage and trash set out for collection. Law Enforcement agencies and their personnel when within the scope of their employment are exempt from the provisions of this Section. [Ord. No. 16-89, §1&2, 17 Oct 89] SECTION 3. All portions of the Code in conflict herewith are hereby repealed. SECTION 4 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of October , 1989. [signature] Mayor ATTEST: [signature] City Clerk Approved as to Form: [signature] City Attorney First Reading: 10-3-89 Posted: 10-4-89 Advertised: 10-5-89 Second Reading: 10-17-89 NAME YES NO HOOG YES KIDD YES RANDELS Absent SALAMONE YES THURM YES § 6 7 3. 0 6 GARBAGE & TRASH REMOVAL § 673. 10 353 '3 trash, household trash or rubbish or industrial waste, himself, to a proper place of disposal . In the event that removal of excess accumulations are arranged with the Collector, the rate charged by the Collector shall be negotiated and shall be paid in advance as may be required by the Collector. [Ord. No. 9-78 , § 6 , 16 May 1978] Sec. 673 . 07 Unlawful disposal . It shall be unlawful to deposit or dispose of garbage , horticultural trash, household trash, rubbish or industrial waste upon the premises of another, or upon any street, alley, parkway or other public property, or any canal , ditch, water, waterway, river, ocean, sandbed, pool , pond or the like, within the City, or in the receptacle of another, except that tenants of multiple dwellings or businesses , where authorized, may deposit such accumulations in receptacles upon which the owner or manager of said multiple dwelling, apartment or business building has authorized for the use of the tenants by the owner or manager thereof. [Ord. No. 9-78 , § 7, 16 May 1978] Sec. 673 . 08 Transfer of garbage or trash over public streets . Unless a person shall have been specifically authorized and licensed by resolution of the governing body to do so, it shall be unlawful for any person to transport garbage, horticultural trash, household trash, rubbish or industrial waste through or over the public streets or alleys of the City, except as otherwise pro- vided in Section 673. 06 hereof. This provision shall be literally construed to protect the public health, safety and general welfare. [Ord. No. 9-78 , § 8 , 16 May 1978] Sec. 673 . 09 Complaint procedure. The Collector is obligated to promptly respond to all complaints concern- ing the quality or absence of collection service. All complaints with regard to refuse and trash collection service directed by this Chapter shall be made to the City, and subsequently directed to the Collector by the City Manager. [Ord. No. 9-78, § 9 , 16 May 1978] Add Section 673.095 from Ord 16-89 here Sec. 673.10 Penalties . Any person who fails to comply with this ordinance or who violates the same, or who creates or maintains garbage, horticultural trash, household trash or rubbish, shall be considered as having violated this Chapter, and upon conviction in a court of competent jurisdiction, shall be punished by a fine not to exceed $250. 00 or imprisonment not to exceed ten (10) days, or by both such fine and imprisonment. [Ord. No. 9-78 , § 10 , 16 May 1978] PAGE REVISED 17 Oct 89 §673.11 GARBAGE & TRASH REMOVAL §673.11 Sec. 673. 11 Schedule of Fees. A . Owner of any residence or commercial building within the City of Cape Canaveral , Florida , shall pay fees as established by the City Council. The schedule of fees is subject to revision from time to time as may be necessary. All revisions shall be done by Reso- lution. B. Failure of users to pay fees within thirty ( 30 ) days of the billing date shall be a violation of this Chapter . , In addition, the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable attorney ' s fee and costs, if such civil action is necessary. C . All fees becoming due and payable on or after the effective date of this chapter shall constitute and are hereby imposed as a special assessment lien against the real property and personal property aforesaid , and until fully paid and discharged, shall remain liens equal in dignity with the City ' s ad valorem taxes , and superior in rank and dignity to all liens, encum- brances, titles and claims in , to or against the real property involved. Such fees shall become delinquent if not fully paid within thirty (30 ) days after the due date . All delinquent service charges shall bear a penalty equal to ten percent ( 10% ) of such fees due and penalty shall be added thereto as a late charge . Unpaid delinquent service charges , together with all penalties imposed thereon shall remain and constitute special assessment liens against the real and personal properties involved. Such special assessment liens for garbage fees and penalties shall be enforced by any of the methods provided in Chapter 86 , Florida Statutes, or in the alternative , foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173 Florida Statutes , or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. D . In addition to the collection procedure and foreclosure procedure established in the preceding subsections, the City Manager is hereby empowered to PAGE REVISED 17 Oct 89 §673. 11 GARBAGE & TRASH REMOVAL §673. 13 355 discontinue water and/or sewer service to the owner of any residence, commercial buildings or establishment who fail to pay the monthly garbage charge as provided for in this subsection. E. Each condominium association within the City of Cape Canaveral will be responsible for the monthly condominium garbage fee provided herein . [ Ord. No. 9-78, §11, 16 May 78; Ord. No. 21-84, §1, 2 Oct 84 ] Sec . 673 . 12 Authority of City to Collect. Nothing contained in this Chapter shall be construed to prevent the City from creating or acting as its own garbage and/or trash collection or disposal service or facility, either independently, exclusively or in con- junction with others. [Ord. No. 9-78, §12, 16 May 78 ] Sec . 673 . 13 Legislative Intent. If this Chapter or any section hereof, or any sentence , phrase or word be declared illegal or unlawful by a court of competent jurisdiction, it is the intent that such illegal word, phrase , sentence or section shall not affect the legality of the remainder of this Chapter . [Ord. No. 9-78, §13, 16 May 78 ] PAGE REVISED 17 Oct 89 Codified 11-88 ORDINANCE NO. 33-87 AN ORDINANCE AMENDING CHAPTER 673, GARBAGE AND TRASH REMOVAL OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY, FLORIDA BY AMENDING SECTION 673 . 02, GARBAGE RECEPTACLES TO BE PROVIDED; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Section 673.02 , Garbage Receptacles to be Provid- ed, Paragraph (A) is hereby deleted in its entirety and replaced with the following: Sec. 673.02 A. All owners, residents and all occupants of any residential unit and the owner, user, manager or occu- pants of any multiple dwelling unit, or of any place of business or commercial establishment within the City of Cape Canaveral are hereby required to provide a garbage receptacle to hold four ( 4 ) days accumulation of garbage. Sunken garbage receptacles are specific- ally prohibited. No loose garbage shall be placed in containers or receptacles; all garbage shall be wrapped or inserted in a plastic or paper bag before being placed in garbage receptacles or containers. SECTION 2 . All portions of the Code in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall become effective immediate- ly upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1st day of December , 1987. [signature] Mayor ATTEST: [signature] City Clerk Approved As To Form: [signature] City Attorney First Reading: 11-17-87 Posted: 11-18-87 Advertised: 11-19-87 Second Reading: 12-01-87 NAME YES NO HOOG YES KIDD YES LEE YES MILLER YES RANDELS YES History File 673 Sec. 673. 02 Garbage Receptacles to be Provided. (A) All owners, residents and all occupants of any residential unit and the owner, user, manager or occupants of any multiple dwelling unit, or of any place or business or commercial establishment with the are hereby required to provide a garbage receptacle to hold four (4) days accumulation of garbage. Sunken garbage receptacles are specifically prohibited. No loose garbage shall be placed in containers or receptacles; all garbage shall be wrapped or inserted in a plastic bag or paper bag before being placed in garbage receptacles or containers. Codified 1987 354 § 673.11 GARBAGE & TRASH REMOVAL § 673.11 Sec. 673. 11 (A) Schedule of Fees. Owner of any residence or commercial building within the City of Cape Canaveral, Florida, shall pay collection fees as established by the City Council. (B) Failure of users to pay fees within thirty (30 ) days of the billing date shall be a violation of this Chapter. In addition, the City shall have the right to seek enforce- ment and collection of the overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable attorney' s fee and costs, if such civil action is necessary. PAGE REVISED 7 MAY 85 § 6 7 3 . 11 GARBAGE & TRASH REMOVAL $ 673 . 12 3 (C) All fees becoming due and payable on or after the effective date of this chapter shall constitute and are hereby imposed as a special assessment lien against the real property and personal property aforesaid, and until fully paid and discharged, shall remain liens equal in dignity with the City' s ad valorem taxes , and superior in rank and dignity to all liens , encumbrances , titles and claims in, to or against the real property involved. Such fees shall become delinquent if not fully paid within thirty (30) days after the due date. All delinquent service charges shall bear a penalty equal to ten percent (10%) of such fees due and penalty shall be added thereto as a late charge. Unpaid delinquent service charges , together with all penal- ties imposed thereon shall remain and constitute special assessment liens against the real and personal properties involved. Such special assessment liens for garbage fees and penalties shall be enforced by any of the methods provided in Chapter 86 , Florida Statutes , or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173 Florida Statutes , or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. (D) In addition to the collection procedure and fore- closure procedure established in the preceding subsections, the City Manager is hereby empowered to discontinue water and/or sewer service to the owner of any residence , com- mercial buildings or establishment who fails to pay the monthly garbage charge as provided for in this subsection. (E) Each condominium association within the City of Cape Canaveral will be responsible for the monthly condo- minium garbage fee provided herein. [Ord. No. 9-78 , § 11 , 16 May 1978; Ord. No. 21-84 , 2 Oct 1984] Sec. 673 . 12 Authority of City to Collect. Nothing contained in this Chapter shall be construed to prevent the City from creating or acting as its own garbage and/or trash collection or disposal service or facility, either independently, exclusively or in conjunction with others . [Ord. No. 9-78 , § 12 , 16 May 1978] PAGE REVISED 2 OCT 84 356 § 673. 13 GARBAGE & TRASH REMOVAL § 673 .13 Sec. 673. 13 Legislative intent. If this Chapter or any section hereof, or any sentence, phrase or word be declared illegal or unlawful by a court of competent jurisdiction, it is the intent that such illegal word, phrase, sentence or section shall not affect the legality of the remainder of this Chapter. [Ord. No. 9-78 , § 13, 16 May 1978] § 673.11 GARBAGE & TRASH REMOVAL § 673.11 [the rest of the page is crossed out] Codified Feb 86 Chapter 673 RESOLUTION NO. 85-27 A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, there is an agreement between the City of Cape Canaveral, Florida and Western Waste Industries, Inc. , dated February 19 , 1985 , which provides for reconsideration of the schedule of charges based upon the adjustments and any change in Consumer Price Index to a maximum of ten percent (10%) , and WHEREAS, the Consumer Price Index for the previous year has changed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1 . The rate schedule as set out in Resolution 83-22 is hereby recinded, and the following new rate schedule is established: 1. Single family, duplexes & triplexes $ 6. 23 per unit per month 2. Mobile home units & Individual apart- 4. 21 per unit ments or condominiums per month 3. Individual commercial business accounts 7 .58 per unit with trash cans per month 4. Commercial dumpsters used by commercial 18 . 87 per container- business , apartment complexes and ized yard condominiums per month 5. Special collection services in addition 2 . 69 per container to the normally provided twice weekly yard per service for commercial dumpsters as pick-up provided in paragraph "4" above SECTION 2:OA seventy cent ( .70) processing charge will be added to each bill each month to cover the costs of handling and 'mailing the bills by the City of Cape Canaveral. SECTION 3. This Resolution shall become effective commencing with the June 1 , 1985 billing, which covers May services. RESOLUTION NO. 85-27 PAGE 1 OF 2 § 673.11 GARBAGE & TRASH MI MI,, § 673.11 Sec. 673 . 11 (A) Schedule of Fees. Owner of any residence or commercial building within the City of Cape Canaveral, Florida, shall pay the following fee as provided for in Section 673. 02 hereof: (6) Items requiring special handling due to size, weight, type of material or method of placement, at a price to be negotiated between the collector and customer prior to collection. (7) Rates for services not provided for in this Chapter shall be determined by the City Manager, based on rates provided herein for similar types of services. (8) A 25 cent billing charge shall be added to each bill sent by the City. Sec. 201 Res 85-27 The above schedule of fees is subject to revision from time to time as may be necessary, and all subsequent revisions shall be by resolution of the City Council of the City of Cape Canaveral. [Current rates adopted by Res No. 85-27, date] (B) Failure of users to pay for fees in the pre- ceding subsection within thirty (30) days of the billing date shall be a violation of this Chapter. In addition, the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent jurisdiction, including a reason- able attorney' s fee and costs, if such civil action is necessary. Codified Mar 1985 ORDINANCE NO. 13-85 AN ORDINANCE AMENDING CHAPTER 673 , "GARBAGE AND TRASH REMOVAL", OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY PROHIBITING THE USE OF SUNKEN GARBAGE RECEPTACLES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral , Florida, as follows: SECTION 1 . Chapter 673 , "Gargage and Trash Removal" , of the Code of Ordinances of the City of Cape Canaveral, Florida, is hereby amended by adding the following sentence at the end of Section 673 . 02 (A) Garbage Receptacles to be Provided: "Sunken garbage receptacles are specifically prohibited" . SECTION 2 . All portions of the code in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral , Florida, this 5th day of March , 1985. [signature] Mayor ATTEST: [signature] City Clerk Approved as to Form: [signature] City Attorney First Reading: 2-19-85 Posted: 2-20-85 Advertised: 2-23-85 Second Reading: 3-5-85 NAME YES NO FISCHETTI YES MARCHETTI YES NICHOLAS YES RUTHERFORD YES WINCHESTER YES § 673.01 GARBARGE & TRASH REMOVAL § 673.02 of two (2) or more trailer lots operated as a commercial business to provide parking for mobile homes as living units. (S) Trash shall mean a combination of large horti- cultural trash and material which by the nature of its size cannot be containerized. (T) Triplex shall mean and include a detached three (3) family dwelling designed or intended for occupancy by three (3) families. [Ord. No. 9-78 , § 1, 16 May 1978] Sec. 673.02 Garbage receptacles to be provided. (A) All owners , residents and all occupants of any residential unit and the owner, user, manager or occupants of any multiple dwelling unit, or of any place or business or commercial establishment with the City are hereby re- quired to provide a garbage receptacle to hold four (4) days accumulation of garbage. Sunken garbage receptables are specifically prohibited. [Ord. No. 13-85, §1, 5 Mar 85] (B) In lieu of individual garbage receptacles, an industrial container or containers may be used. Said container shall be provided by the collector and the City Manager shall first determine whether or not an industrial container shall be provided to any owner, user, manager or occupant so requesting an industrial container. Mul- tiple dwelling units containing less than ten (10) units may be provided an industrial garbage container at the discretion of the City Manager. All commercial establish- ments, establishments other than professional offices or other offices shall be required to have mechanical con- tainers at the discretion of the City Manager. Single family residences, duplexes and triplexes shall not be permitted to use industrial containers . (C) It shall be the duty of the owner, manager, tenant or occupant of any multiple dwelling unit to furnish or see that each unit with cooking facilities of said multi- ple dwelling is furnished or supplied with a garbage receptacle or receptacles or industrial container or containers adequate and sufficient in size to comply with the terms of this ordinance. All such receptacles or containers shall be kept tightly covered at all times except when it is necessary to lift the cover for dis- posal or removal of refuse or to deposit refuse therein. PAGE REVISED 5 MAR 85 Codified Mar 85 ORDINANCE NO. 21-84 AN ORDINANCE AMENDING CHAPTER 673 , "GARBAGE AND TRASH REMOVAL" OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY REPEALING SECTION 673 . 11 (C) IN ITS ENTIRETY AND REPLACING WITH A NEW SECTION 673 . 11 (C) ; ESTABLISHING CHARGES FOR LATE PAYMENTS ON GARBAGE AND TRASH BILLS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral , Florida , as follows: SECTION 1. Chapter 673 "Garbage and Trash Removal" , of the Code of Ordinances of the City of Cape Canaveral , Florida, is hereby amended by repealing Section 673 . 11 (C) and replacing it with the following: Section 673.11 (C) All fees becoming due and payable on or after the effective date of this chapter shall constitute and are hereby imposed as a special assessment lien against the real property and personal property aforesaid, and until fully paid and discharged, shall remain liens equal in dignity with the City's ad valorem taxes , and superior in rank and dignity to all liens , encumbrances , titles and claims in, to or against the real property involved. Such fees shall become delinquent if not fully paid within thirty (30) days after the due date. All delinquent service charges shall bear a penalty equal to ten percent (10%) of such fees due and penalty shall be added thereto as a late charge. Unpaid delinquent service charges , together with all penalties imposed thereon shall remain and constitute special assessment liens against the real and personal properties involved. Such special assessment liens for garbage fees and penalties shall be enforced by any of the methods provided in Chapter 86 , Florida Statutes, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173 Florida Statutes , or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. SECTION 2 . All portions of the code in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd day of October , 1984. [signature] Mayor ATTEST: [signature] Acting City Clerk Approved as to Form: [signature] City Attorney NAME YES NO CALVERT YES FISCHETTI [didn't vote] NICHOLAS YES RUTHERFORD YES WINCHESTER YES Permission to Advertise: 9-4-84 First Reading: 9-18-84 Posted: 9-6-84 Advertised: 9-14-84 Second Reading: 10-2-84 § 6 7 3. 11 GARBAGE & TRASH REMOVAL § 673 . 12 3 Copy from Ord. closure procedure established in the preceding subsections , the City Manager is hereby empowered to discontinue water and/or sewer service to the owner of any residence, com- mercial buildings or establishment who fails to pay tht, monthly garbage charge as provided for in this subsection. (E) Each condominium association within the City of Cape Canaveral will be responsible for the monthly condo- minium garbage fee provided herein. [Ord. No. 9-78, § 11, 16 May 1978; Ord. No. 21-84, §1, 2 Oct 1984] Sec. 673 .12 Authority of City to Collect. Nothing contained in this Chapter shall be construed to prevent the City from creating or acting as its own garbage and/or trash collection or disposal service or facility, either independently, exclusively or in conjunction with others . [Ord. No. 9-78, § 12, 16 May 1978] PAGE REVISED 2 OCT 84 ORDINANCE NO. 13-85 AN ORDINANCE AMENDING CHAPTER 673 , "GARBAGE AND TRASH REMOVAL" , OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY PROHIBITING THE USE OF SUNKEN GARBAGE RECEPTACLES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral , Florida, as follows : SECTION 1 . Chapter 673 , "Gargage and Trash Removal" , of the Code of Ordinances of the City of Cape Canaveral, Florida, is hereby amended by adding the following sentence at the end of Section 673 . 02 (A) Garbage Receptacles to be Provided: "Sunken garbage receptacles are specifically prohibited" . SECTION 2 . All portions of the code in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 5th day of March , 1985. [signature] Mayor ATTEST: [signature] City Clerk Approved as to Form: [signature] City Attorney First Reading: 2-19-85 Posted: 2-20-85 Advertised: 2-23-85 Second Reading: 3-5-85 NAME YES NO FISCHETTI YES MARCHETTI YES NICHOLAS YES RUTHERFORD YES WINCHESTER YES § 673 . 01 GARBARGE & TRASH REMOVAL § 673. 02 of two (2) or more trailer lots operated as a commercial business to provide parking for mobile homes as living units. (S) Trash shall mean a combination of large horti- cultural trash and material which by the nature of its size cannot be containerized. (T) Triplex shall mean and include a detached three (3) family dwelling designed or intended for occupancy by three (3) families . [Ord. No. 9-78 , § 1, 16 May 1978] Sec. 673 . 02 Garbage receptacles to be provided. (A) All owners, residents and all occupants of any residential unit and the owner, user, manager or occupants of any multiple dwelling unit, or of any place or business or commercial establishment with the City are hereby re- quired to provide a garbage receptacle to hold four (4) days accumulation of garbage. Sunken garbage receptacles are specifically prohibited. [Ord. No. 13-85, §1, 5 Mar 85] (B) In lieu of individual garbage receptacles, an industrial container or containers may be used. Said container shall be provided by the collector and the City Manager shall first determine whether or not an industrial container shall be provided to any owner, user, manager or occupant so requesting an industrial container. Mul- tiple dwelling units containing less than ten (10) units may be provided an industrial garbage container at the discretion of the City Manager. All commercial establish- ments, establishments other than professional offices or other offices shall be required to have mechanical con- tainers at the discretion of the City Manager. I Via, Single family residences, duplexes and triplexes shall x not be permitted to use industrial containers. r (C) It shall be the duty of the owner, manager, tenant or occupant of any multiple dwelling unit to furnish or see that each unit with cooking facilities of said multi- ple dwelling is furnished or supplied with a garbage receptacle or receptacles or industrial container or containers adequate and sufficient in size to comply with the terms of this ordinance. All such receptacles or containers shall be kept tightly covered at all times except when it is necessary to lift the cover for dis posal or removal of refuse or to deposit refuse therein. PAGE AMENDED 5 Mar 85 § 673. 01 GARBAGE & TRASH § 673.01 CHAPTER 673 GARBAGE AND TRASH REMOVAL Sec. 673. 01 Definitions : For the purpose of this Chapter, the following words and terms shall have the follow- ing meanings: (A) Approved Container shall mean industrial containers as defined herein, and trash cans provided by customer and acceptable to the City. (B) Bulk Container shall mean a fifty-five (55) gallon drum supplied by the City for temporary storage of refuse or trash at street and beach locations and other City recreational facilities . (C) Business shall mean and include all retail , professional, wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public. (D) Commercial shall mean and include all dwellings and businesses serviced by an industrial container of two (2) cubic yards capacity or greater. (E) Containerized business shall mean and include any business, multi- family dwelling or other structure whose garbage and/or trash is deposited in an approved container for removal by the Collector. § 673.01 GARBAGE & TRASH § 673.01 (F) Duplex shall mean and include a detached two-family dwelling designed or intended for occupancy by two (2) families. (G) Garbage shall mean and include all waste and accumulation of animal, fruit or vegetable matter that attends, or results from the preparation, use, handling, cooking , serving or storage of meats , fish, fowl , fruit , vegetable matter, of any nature whatsoever , which is subject to decay, putrification, and the generation of noxious and offensive gases or odors , or which may serve as breeding or feeding materials for flies and/or other germ carrying insects. (H) Hazardous materials shall mean wastes that are hazardous by reason of their pathological, explosive, radio- . logical or toxic characteristics. (I) Horticultural trash shall mean accumulation of lawn, grass or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches (shall not exceed four (4) feet in length and thirty (30) inches in diameter) , bushes or shrubs, green leaf cuttings, coconuts , fruits or other matter usually created as refuse in the care of lawns and yards , except large branches, trees or bulky or non-combustible materials not susceptible to normal loading. (J) . Individual containers shall mean an individual twenty (20) or thirty (30) gallon container provided by the resident for temporary storage of refuse. 4 673.01 GARBAGE & TRASH § 673.01 (K) Industrial shall mean establish- ments generating waste accumulation of metal, metal products, minerals, chemi- cals, rock, cement, asphalt , tar, oil, grease, glass , crockery, rubber, tires , bottles, cans, lumber, sawdust , wastes from animal packing or slaughterhouses or materials ususally created by indus- trial enterprises. (L) Industrial container shall mean a two (2) cubic yard or larger container which can be emptied by mechanical means. (M) Multi-family dwelling shall mean and include any building or struc- ture containing four (4) or more con- tiguous living units and intended exclusively for residential use by single persons or families. (N) Non-containerized business shall mean and include any dwelling, business, apartment or other structure whose trash is deposited and collected by means other than a container. (0) Refuse shall mean a combination of garbage, horticultural trash and small pieces of materials which are Containerized for routine pickup. (P) Single-family residence shall mean and include a detached single- family dwelling designed or intended for occupancy by one (1) person or by one (1) family. § 673. 01 GARBAGE & TRASH § 673.02 (Q) Special material shall mean those bulky materials or other special wastes that are not stored in approved containers and are not routinely gener- ated in residential areas, (R) Trailer parks shall mean and include any group of two (2) or more trailer lots operated as a commercial business to provide parking for mobile homes as living units, (S) Trash shall mean a combination of large horticultural trash and material which by the nature of its size cannot be containerized, (T) Triplex shall mean and include a detached three (3) family dwelling designed or intended for occupancy by three (3) families . (Ord . No, 9-78 § 1, 16 May 1978) . Sec. 673.02 Garbage receptacles to be provided (A) All owners , residents and all occupants of any residential unit and the owner , user, manager or occupants of any multiple dwelling unit , or of any place or business or commercial establishment with the City are hereby required to provide a garbage receptacle to hold four (4) days accumulation of garbage. (B) In lieu of individual garbage receptacles, an industrial container or containers may be used . Said con- tainer shall be provided by the collector, and the City Manager shall first determine § 673.02 GARBAGE & TRASH § 673.02 whether or not an industrial container shall be provided to any owner , user, manager or occupant so requesting an industrial container. Multiple dwelling units containing less than ten (10) units may be provided an industrial garbage container at the discretion of the City Manager. All commercial establishments , establishments other than professional offices or other offices shall be required to have mechanical containers at the discretion of the City Manager. Single family residences, duplexes and triplexes shall not be permitted to use industrial containers. (C) It shall be the duty of the owner, manager, tenant or occupant of any multiple dwelling unit to furnish or see that each unit with cooking facilities of said multiple dwelling is furnished or supplied with a garbage receptacle or receptacles or industrial container or containers adequate and sufficient in size to comply with the terms of this ordinance. All such receptacles or containers shall be kept tightly covered at all times except when it is necessary to lift the cover for disposal or removal of refuse or to deposit refuse therein. It shall be unlawful for any person to deposit refuse in such amount in the receptacle or receptacles or industrial containers that will not permit the cover thereof to be kept tightly in place. (Ord. No. 9-78 § 2 16 May 1978). § 673.03 GARBAGE & TRASH § 673.03 Sec. 673.03 Residential garbage, refuse and trash pickup conditions: (A) Residential garbage. All garbage receptacles shall be located so that they are easily accessible by the Collector and shall not weigh more than forty (40) lbs. No collection of gar- bage will be made by the Collector within any fenced-in yard, closed enclosure, or where the collector would be exposed to a potentially vicious animal. It shall be the responsibility of all owners and residents and all occupants of single or multiple family dwelling units with such fenced-in yards or enclosed areas to place the garbage receptacles in an area which is easily accessible to the collector on collection days. (B) Residential trash or rubbish collections. Horticultural trash, house- hold trash and rubbish collections will be made at the front property line adjacent to the street. Accumulations of grass , leaves , greenleaf cuttings, fruits and similar loose materials shall be placed in bags, boxes or otherwise containerized for ease in handling. Collector shall be required to pick up no more than one large piece of furni- ture or appliance per residential dwell- ing unit at any regular pickup. Accumu- lations in excess of this requirement shall be collected as otherwise provided in this Chapter. § 673.03 GARBAGE & TRASH § 673.03 (C) Location of garbage receptacles. Garbage receptacles shall not be located in such places or under such conditions as to cause unnecessary or unreasonable offense to sightliness, cleanliness, safety or other sanitary conditions. They shall not be kept upon neighboring property, not in the ownership or tenancy of the person by whom the garbage was accumulated, whether such neighboring property be vacant or improved, with out the written consent of the person having the right to possession and use of the property. No garbage receptacle or industrial container shall be placed on any City right-of-way, except for immediate pickup. The City Manager may make an exception to location of an industrial container or garbage receptacle on any City right-of-way, in writing. Industrial containers shall not be placed in such manner as to hinder the closing of container lids. (D) Obstruction. It shall be un lawful for any person to park a motor vehicle in such a way that the collector cannot service industrial containers or otherwise block access to such con- tainers. (E) It shall be unlawful for a person to place refuse in a container assigned to another address, without written permission of the owner. (Ord. No. 9-78 § 3, 16 May 1978) . 7 § 673.04 GARBAGE & TRASH § 673.06 Sec. 673.04 Burning or burying of garbage and horticultural trash, house- hold trash and rubbish: It shall be unlawful for any person to bury garbage, horticultural trash, household trash or rubbish which is or is reasonably likely to become a nuisance or menace or threat to the health of residents within the City. No such garbage, horticultural trash, household trash or rubbish shall be burned within the corporate limits of the City of Cape Canaveral, unless approv- al has first been obtained from the City Nanager. (Ord. No. 9-78 § 4, 16 May 1978) . Sec. 673.05 Proper disposal of gar- bage and refuse as a prerequisite to collection: No removal or collection of garbage and refuse shall be required by the Collector from any premises within the City, unless the garbage and refuse i_ deposited in a proper receptacle as herein defined, and the owner or occupant or person responsible for using said pre- mises shall be prosecuted for non-compli- ance. (0rd. No. 9-78 § 5, 16 May 1978) . Sec. 673.06 Unlawful accumulation: It shall further be unlawful and a violation of this Chapter for the owner. and/or occupant or manager or person responsible for any land or premises to permit , suffer, allow, either by commi- ssion or omission any accumulation of garbage, horticultural trash, household trash and rubbish, or industrial waste, upon premises or property within the City of Cape Canaveral for a period longer than four (4) days without having arrange for disposal of said accumulation by the § 673. 06 GARBAGE & TRASH § 673.07 Collector to perform such services and it shall be unlawful and a violation of this Chapter for any person, whether owner , manager or occupant of any pre- mises , to fail to provide a sufficient number of containers or receptacles per unit as provided herein, to amply provide for any four (4) day period of garbage, horticultural trash, house- hold trash or rubbish. Nothing herein contained shall prevent the owner or occupant , manager or person responsible for said premises to remove accumula-• tions of horticultural trash , house- hold trash or rubbish or industrial waste, himself , to a proper place of disposal. In the event that removal of excess accumulations are arranged with the Collector , the rate charged by the Collector shall be negotiated and shall be paid in advance as may be required by the Collector. (0rd. No. 9-78 § 6 , 16 May 1978) . Sec. 673 . 07 Unlawful disposal : It shall be unlawful to deposit or dispose of garbage , horticultural trash, house- hold trash, rubbish or industrial waste upon the premises of another , or upon any street , alley, parkway or other public property, or any canal , ditch, water, waterway, river, ocean, sandbed , pool, pond or the like, within the City, or in the receptacle of another, except that tenants of multiple dwellings or businesses , where authorized , may deposit such accumulations in recep- tacles upon which the owner or manager of said multiple dwelling, apartment , or business building has authorized for 7 § 673.07 GARBAGE & TRASH § 673.10 the use of the tenants by the owner or manager thereof. (Ord. No. 9-78 5 7, 16 May 1978) . Sec. 673.08 Transfer of garbage or trash over public streets : Unless a person shall have been specifically authorized and licensed by resolution of the governing body to do so, it shall. be unlawful for any person to transport garbage, horticultural trash, household trash, rubbish or industrial waste through or over the public streets or alleys of the City, except as other- wise provided in Section 673.06 hereof. This provision shall be literally con- strued to protect the public health, safety and general welfare. (Ord. No. 9-78 5 8 , 16 May 1978) . Sec. 673.09 Complaint procedure: The Collector is obligated to promptly respond to all complaints concerning the quality or absence of collection ser- vice. All complaints with regard to refuse and trash collection service direc- ted by this Chapter shall be made to the City, and subsequently directed to the Collector by the City Manager. (Ord. No. 9-78 5 9, 16 May 1978) . Sec. 673.10 Penalties: Any person who fails to comply with this ordinance, or who violates the same, or who creates or maintains garbage, horticultural trash, household trash or rubbish, shall be considered as having violated this Chapter, and upon conviction in a court of competent jurisdiction, shall be pun- ished by a fine not to exceed $250.00 § 673.10 GARBAGE & TRASH § 673.11 or imprisonment not to exceed ten (10) days, or by both such fine and impris- onment. (Ord. No. 9-78 § 10, 16 May 1978) . Sec. 673.11 (A) Schedule of Fees : owner of any residence or commercial building within the City of Cape Canaveral, Florida, shall pay the follow- ing fee as provided for in Section 673.02 hereof: 1. Single Family Residences and Duplex living units at $3.85 per living unit per month. 2. Mobile Home Units at $2.60 per living unit per month. 3. Individual Apartments or Condominium Units at $2.60 per living unit per month. 4. Individual commercial business accounts with individual con- tainers at $4.70 per month not to exceed 3 industrial containers per pick up. 5. Commercial businesses, Apart- ment Complexes and Condominiums using industrial containers at $11. 65 per container yard per month. 6. Special Collection Services at $1.65 per container yard per pickup. 3 673.11 GARBAGE & TRASH § 673.11 7. Items requiring special hand- ling due to size, weight, type of material or method of place- ment at a price to be negotiated between the collector and cus- tomer. prior to collection. 8. Rates for services not provided for in this Chapter shall be determined by the City Manager, based on rates provided herein for similar types of services. 9. A 25 cent billing charge shall be added to each bill seat by the City. The above initial schedule of fees is subject to revision from time to time as may be necessary, and all subsequent revisions shall be by resolution of the City Council of the City of Cape Canaveral. (B) Failure of users to pay for fees in the preceding subsection within thirty (30) days of the billing date shall be a violation of this Chapter. In addition, the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable attorney's fee and costs , if such civil action is necessary. (C) All fees becoming due and payable on or after the effective date of this . chapter shall constitute and are hereby imposed as a special assessment lien against the real property and personal property aforesaid, and until fully paid § 673.11 GARBAGE & TRASH § 673.11 and discharged, shall remain liens equal in dignity with the City' s ad valorem taxes, and superior in rank and dignity to all liens, encumbrances, titles and claims in, to or against the teal property involved. Such fees shall become delinquent if not fully paid within thirty (30) days after the due date. All delinquent service charges shall bear a penalty as follows; Single family, duplex and triplex - $1.00 per month from due date; All other residential — $1.00 per month from due date; Commercial — $5.00 par month from due date. Unpaid delinquent service charges , together with all penalties imposed thereon shall remain and constitute special assessment liens against the real and personal properties involved. Such special assessment liens for garbage fees and penalties shall be enforced by any of the methods provided in Chapter 86, Florida Statutes, or in the alternative, foreclosure pro— ceedings may be instituted and prose- cuted under the provisions of Chapter 173 Florida Statutes, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law (D) In addition to the collection procedure and foreclosure procedure established in the preceding subsections, the City Manager is hereby empowered to discontinue water and/or sewer service 2 § 673.11 GARBAGE & TRASH § 673.13 to the owner of any residence, commercial building or establishment who fails to pay the monthly garbage charge as provi- ded for in this subsection. (E) Each condominium association within the City of Cape Canaveral will be responsible for the monthly condo- minium garbage fee provided herein. (Ord. No. 9-78 § 11, 16 May 1978) . Sec. 673.12 Authority of City to collect : Nothing contained in this Chapter shall be construed to prevent the City from creating or acting as its own garbage and/or trash collection or disposal service or facility, either independently, exclusively or in conjunc- tion with others. (Ord. No. 9-78 § 12, 16 May 1978) . Sec. 673.13 Legislative intent : If this Chapter or any section hereof , or any sentence, phrase or word be declared illegal or unlawful by a court of compe- tent jurisdiction, it is the intent that such illegal word , phrase, sentence or section shall not affect the legality of the remainder of this Chapter. (Ord. No. 9-78 § 13; 16 May 1978). § 673. 01 GARBAGE & TRASH § 673.01 CHAPTER 673 GARBAGE AND TRASH REMOVAL Sec. 673. 01 Definitions : For the purpose of this Chapter , the following words and terms shall have the follow- ing meanings : (A) Approved Container shall mean industrial containers as defined herein, and trash cans provided by customer and acceptable to the City. (B) Bulk Container shall mean a fifty-five (55) gallon drum supplied by the City for temporary storage of refuse or trash at street and beach locations and other City recreational facilities . (C) Business shall mean and include all retail, professional , wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public. (D) Commercial shall mean and include all dwellings and businesses serviced by an industrial container of two (2) cubic yards capacity or greater. (E) Containerized business shall mean and include any business, multi- family dwelling or other structure whose garbage and/or trash is deposited in an approved container for removal by the Collector. § 673.01 GARBAGE & TRASH § 673.01 (F) Duplex shall mean and include a detached two-family dwelling designed or intended for occupancy by two (2) families. (G) Garbage shall mean and include all waste and accumulation of animal, fruit or vegetable matter that attends, or results from the preparation, use, handling, cooking, serving or storage of meats, fish, fowl , fruit, vegetable matter, of any nature whatsoever , which is subject to decay, putrification, and the generation of noxious and offensive gases or odors , or which may serve as breeding or feeding materials for flies and/or other germ carrying insects. (H) Hazardous materials shall mean wastes that are hazardous by reason of their pathological , explosive, radio- logical or toxic characteristics. (I) Horticultural trash shall mean accumulation of lawn, grass or shrubbery cuttings , or clippings and dry leaf rakings , palm fronds , small tree branches (shall not exceed four (4) feet in length and thirty (30) inches in diameter) , bushes or shrubs, green leaf cuttings, coconuts , fruits or other matter usually created as refuse in the care of lawns and yards, except large branches, trees or bulky or non-combustible materials not susceptible to normal loading. (J) . Individual containers shall mean an individual twenty (20) or thirty (30) gallon container provided by the resident for temporary storage of refuse. § 673. 01 GARBAGE & TRASH § 673.01 (K) Industrial shall mean establish- ments generating waste accumulation of metal, metal products , minerals , chemi- cals , rock, cement, asphalt , tar, oil, grease, glass , crockery, rubber, tires , bottles , cans , lumber, sawdust , wastes from animal packing or slaughterhouses or materials ususally created by indus- trial enterprises. (L) Industrial container shall mean a two (2) cubic yard or larger container which can be emptied by mechanical means, (M) Multi-family dwellin_& shall mean and include any building or struc- ture containing four (4) or more con- tiguous living units and intended exclusively for residential use by single persons or families. (N) Non-containerized business shall mean and include any dwelling , business , apartment or other structure whose trash is deposited and collected by means other than a container. (O) Refuse shall mean a combination of garbage, horticultural trash and small pieces of materials which are Containerized for routine pickup. (P) Single-family residence shall mean and include a detached single- family dwelling designed or intended for occupancy by one (1) person or by one (1) family. § 673, 01 GARBAGE & TRASH § 673 .02 (Q) Special material shall mean those bulky materials or other special wastes that are not stored in approved containers and are not routinely gener- ated in residential areas. (R) Trailer parks shall mean and include any group of two (2) or more trailer lots operated as a commercial business to provide parking for mobile homes as living units . (S) Trash shall mean a combination of large horticultural trash and material which by the nature of its size cannot be containerized. (T) Triplex shall mean and include a detached three (3) family dwelling designed or intended for occupancy by three (3) families. (Ord . No. 9-78 § 1, 16 May 1978) . Sec, 673 .02 Garbage receptacles to be provided : (A) All owners , residents and all occupants of any residential unit and the owner , user , manager or occupants of any multiple dwelling unit , or of any place or business or commercial establishment with the City are hereby required to provide a garbage receptacle to hold four (4) days accumulation of garbage. (B) In lieu of individual garbage receptacles , an industrial container or containers may be used . Said con- tainer shall be provided by the collector and the City Manager shall first determine 4 § 673 . 02 GARBAGE & TRASH § 673.02 whether or not an industrial container shall be provided to any owner , user, manager or occupant so requesting an industrial container . Multiple dwelling units containing less than tan (10) units may be provided an industrial garbage container at the discretion of the City Manager. All commercial establishments , establishments other than professional offices or other offices shall be required to have mechanical containers at the discretion of the City Manager. Single family residences , duplexes and triplexes shall not be permitted to use industrial containers. (C) It shall be the duty of the owner , manager , tenant or occupant of any multiple dwelling unit to furnish or see that each unit with cooking facilities of said multiple dwelling is furnished or supplied with a garbage receptacle or receptacles or industrial container or containers adequate and sufficient in size to comply with the terms of this Qrdinance. All such receptacles or containers shall be kept tightly covered at all times except when it is necessazy to lift the cover for disposal or removal of refuse or to deposit refuse therein. It shall be unlawful for any person to deposit refuse in such amount in the receptacle or receptacles or industrial containers that will not permit the cover thereof to be kept tightly in place. , (Ord, No. 9-78 § 2 16 May 1978) . 5 § 673.03 GARBAGE & TRASH § 673.03 Sec. 673.03 Residential garbage, refuse and trash pickup conditions : (A) Residential garbage. All garbage receptacles shall be located so that they are easily accessible by the Collector and shall not weigh more than forty (40) lbs. No collection of gar- bage will be made by the Collector within any fenced-in yard, closed enclosure, or where the collector would be exposed to a potentially vicious animal. It shall be the responsibility of all owners and residents and all occupants of single or multiple family dwelling units with such fenced-in yards or enclosed areas to place the garbage receptacles in an area which is easily accessible to the collector on collection days. (B) Residential trash or rubbish collections. Horticultural trash, house- hold trash and rubbish collections will be made at the front property line adjacent to the street. Accumulations of grass , leaves , greenleaf cuttings, fruits and similar loose materials shall be placed in bags, boxes or otherwise containerized for ease in handling. Collector shall be required to pick up no more than one large piece of furni- ture or appliance per residential dwell- ing unit at any regular pickup. Accumu- lations in excess of this requirement shall be collected as otherwise provided in this Chapter. § 673.03 GARBAGE & TRASH § 673.03 (C) Location of garbage receptacles. Garbage receptacles shall not be located in such places or under such conditions as to cause unnecessary or unreasonable offense to sightliness, cleanliness, safety or other sanitary conditions. They shall not be kept upon neighboring property, not in the ownership or tenancy of the person by whom the garbage was accumulated, whether such neighboring property be vacant or improved, with out the written consent of the person having the right to possession and use of the property. No garbage receptacle or industrial container shall be placed on any City right-of-way, except for immediate pickup. The City Manager may make an exception to location of an industrial container or garbage receptacle on any City right-of-way, in writing. Industrial containers shall not be placed in such manner as to hinder the closing of container lids. (D) Obstruction. It shall be un lawful for any person to park a motor vehicle in such a way that the collector cannot service industrial containers or otherwise block access to such con- tainers. (E) It shall be unlawful for a person to place refuse in a container assigned to another address, without written permission of the owner. (Ord. No. 9-78 § 3, 16 May 1978) . 7 § 673.04 GARBAGE & TRASH § 673.06 Sec. 673.04 Burning or burying of garbage and horticultural trash, house- hold trash and rubbish: It shall be unlawful for any person to bury garbage, horticultural trash, household trash or rubbish which is or is reasonably likely to become a nuisance or menace or threat to the health of residents within the City. No such garbage, horticultural trash, household trash or rubbish shall be burned within the corporate limits of the City of Cape Canaveral, unless approv- al has first been obtained from the City Manager. (Ord. No. 9-78 § 4, 16 May 1978) . Sec. 673.05 Proper disposal of gar- bage and refuse as a prerequisite to collection: No removal or collection of garbage and refuse shall be required by the Collector from any premises within the City, unless the garbage and refuse if deposited in a proper receptacle as herein defined, and the owner or occupant or person responsible for using said pre- mises shall be prosecuted for non-compli- ance. (Ord. No. 9-78 § 5, 16 May 1978) . Sec. 673.06 Unlawful accumulation: It shall further be unlawful and a violation of this Chapter for the owner. and/or occupant or manager or person responsible for any land or premises to permit , suffer, allow, either by commi- ssion or omission any accumulation of garbage, horticultural trash, household trash and rubbish, or industrial waste, upon premises or property within the City of Cape Canaveral for a period longer than four (4) days without having arrange for disposal of said accumulation by the § 673. 06 GARBAGE & TRASH § 673.07 Collector to perform such services and it shall be unlawful and a violation of this Chapter for any person, whether owner, manager or occupant of any pre- mises , to fail to provide a sufficient number of containers or receptacles per unit as provided herein, to amply provide for any four (4) day period of garbage, horticultural trash, house- hold trash or rubbish. Nothing herein contained shall prevent the owner or occupant , manager or person responsible for said premises to remove accumula— tions of horticultural trash., house- hold trash or rubbish or industrial waste, himself, to a proper place of disposal. In the event that removal of excess accumulations are arranged with the Collector, the rate charged by the Collector shall be negotiated and shall be paid in advance as may be required by the Collector. (0rd. No. 9-78 4 6, 16 May 1978) . Sec. 673.07 Unlawful disposal : It shall be unlawful to deposit or dispose of garbage, horticultural trash, house- hold trash, rubbish or industrial waste upon the premises of another., or upon any street , alley, parkway or other public property, or any canal, ditch, water, waterway, river, ocean, sandbed, pool, pond or the like, within the City, or in the receptacle of another, except that tenants of multiple dwellings or businesses, where authorized , may deposit such accumulations in recep- tacles upon which the owner or manager of said multiple dwelling, apartment, or business building has authorized for 9 § 673.07 GARBAGE & TRASH § 673.10 the use of the tenants by the owner or manager thereof. (Ord. No. 9-78 § 7, 16 May 1978) . Sec. 673.08 Transfer of garbage or trash over public streets : Unless a person shall have been specifically authorized and licensed by resolution of the governing body to do so, it shall, be unlawful for any person to transport garbage, horticultural trash, household trash, rubbish or industrial waste through or over the public streets or alleys of the City, except as other- wise provided in Section 673.06 hereof. This provision shall be literally con- strued to protect the public health, safety and general welfare. (Ord. No. 9-78 § 8, 16 May 1978) . Sec. 673.09 Complaint procedure: The Collector is obligated to promptly respond to all complaints concerning the quality or absence of collection ser- vice. All complaints with regard to refuse and trash collection service direc- ted by this Chapter shall be made to the City, and subsequently directed to the Collector by the City Manager. (Ord. No. 9-78 § 9, 16 May 1978) . Sec. 673.10 Penalties : Any person who fails to comply with this ordinance, or who violates the same, or who creates or maintains garbage, horticultural trash, household trash or rubbish, shall be considered as having violated this Chapter, and upon conviction in a court of competent jurisdiction, shall be pun- ished by a fine not to exceed $250. 00 10 § 673.10 GARBAGE & TRASH § 673.11 or imprisonment not to exceed ten (10) days, or by both such fine and impris- onment. (Ord. No. 9-78 § 10, 16 May 1978) . Sec. 673.11 (A) Schedule of Fees: owner of any residence or commercial building within the City of Cape Canaveral, Florida, shall pay the follow- ing fee as provided for in Section 673.02 hereof: 1. Single Family Residences and Duplex living units at $3.85 per living unit per month. 2. Mobile Home Units at $2.60 per living unit per month. 3. Individual Apartments or Condominium Units at $2.60 per living unit per month. 4. Individual commercial business accounts with individual con- tainers at $4.70 per month not to exceed 3 industrial containers per pick up. 5. Commercial businesses , Apart- ment Complexes and Condominiums using industrial containers at $11. 65 per container yard per month. 6. Special Collection Services at $1.65 per container yard per pickup. 11 § 673.11 GARBAGE & TRASH § 673.11 7. Items requiring special hand- ling due to size, weight, type of material or method of place- ment at a price to be negotiated between the collector and cus- tomer prior to collection. 8. Rates for services not provided for in this Chapter shall be determined by the City Manager, based on rates provided herein for similar types of services. 9. A 254 billing charge shall be . added to each bill sent by the City. The above initial schedule of fees is subject to revision from time to time as may be necessary, and all subsequent revisions shall be by resolution of the City Council of the City of Cape Canaveral. (B) Failure of users to pay for fees in the preceding subsection within thirty . (30) days of the billing date shall be a violation of this Chapter, In addition, the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable attorney's fee and costs, if such civil action is necessary. (C) All fees becoming due and payable on or after the effective date of this chapter shall constitute and are hereby imposed as a special assessment lien against the real property and personal property aforesaid, and until fully paid 12 § 673. 11 GARBAGE & TRASH § 673.11 and discharged, shall remain liens equal in dignity with the City's ad valorem taxes, and superior in rank and dignity to all liens, encumbrances , titles and claims in, to or against the real property involved. Such fees shall become delinquent if not fully paid within thirty (30) days after the due date. All delinquent service charges shall bear a penalty as follows : Single family, duplex and triplex - $1. 00 per month from due date; All other residential - $1.00 per month from due date; Commercial - $5. 00 per month from due date. Unpaid delinquent service charges , together with all penalties imposed thereon shall remain and constitute special assessment liens against the real and personal properties involved. Such special assessment liens for garbage fees and penalties shall be enforced by any of the methods provided in Chapter 86, Florida Statutes, or in the alternative, foreclosure pro- ceedings may be instituted and prose- cuted under the provisions of Chapter 173 Florida Statutes, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law (D) In addition to the collection procedure and foreclosure procedure established in the preceding subsections, the City Manager is hereby empowered to discontinue water and/or sewer service 13 § 673.11 GARBAGE & TRASH § 673.13 to the owner of any residence, commercial building or establishment who fails to pay the monthly garbage charge as provi- ded for in this subsection. (E) Each condominium association within the City of Cape Canaveral will be responsible for the monthly condo- minium garbage fee provided herein. (Ord. No. 9-78 4 11, 16 May 1978) . Sec . 673.12 Authority of City to collect : Nothing contained in this Chapter shall be construed to prevent the City from creating or acting as its own garbage and/or trash collection or disposal service or facility, either independently, exclusively or in conjunc- tion with others. (Ord. No. 9-78 4 12, 16 May 1978) . Sec. 673.13 Legislative intent : If this Chapter or any section hereof , or any sentence, phrase or word be declared illegal or unlawful by a court of compe- tent jurisdiction, it is the intent that such illegal word, phrase, sentence or section shall not affect the legality of the remainder of this Chapter. (Ord. No. 9-78 4 13; 16 May 1978) . 14 § 673. 01 GARBAGE & TRASH § 673.01 CHAPTER 673 GARBAGE AND TRASH REMOVAL Sec. 673.01 Definitions : For the purpose of this Chapter , the following words and terms shall have the follow- ing meanings : (A) Approved Container shall mean industrial containers as defined herein, and trash cans provided by customer and acceptable to the City. (B) Bulk Container shall mean a fifty-five (55) gallon drum supplied by the City for temporary storage of refuse or trash at street and beach locations and other City recreational facilities. (C) Business shall mean and include all retail, professional, wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public. (D) Commercial shall mean and include all dwellings and businesses serviced by an industrial container of two (2) cubic yards capacity or greater. (E) Containerized business shall mean and include any business, multi- family dwelling or other structure whose garbage and/or trash is deposited in an approved container for removal by the Collector. § 673.01 GARBAGE & TRASH § 671.01 (K) Industrial shall mean establish- ments generating waste accumulation of metal, metal products, minerals, chemi- cals, rock, cement, asphalt, tar, oil, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses or materials usually created by indus- trial enterprises. (L) Industrial container shall mean a two (2) cubic yard or larger container which can be emptied by mechanical means. (M) Multi-family dwelling shall mean and include any building or struc- ture containing four (4) or more con- tiguous living units and intended exclusively for residential use by single persons or families. (N) Non-containerized business shall mean and include any dwelling, business, apartment or other structure whose trash is deposited and collected by means other than a container. (O) Refuse shall mean a combination of garbage, horticultural trash and small pieces of materials which are Containerized for routine pickup. (P) Single-family residence shall mean and include a detached single- family dwelling designed or intended for occupancy by one (1) person or by one (1) family. § 673.01 GARBAGE & TRASH § 673.02 (Q) Special material shall mean those bulky materials or other special wastes that are not stored in approved containers and are not routinely gener- ated in residential areas. (R) Trailer parks shall mean and include any group of two (2) or more trailer lots operated as a commercial business to provide parking for mobile homes as living units. (S) Trash shall mean a combination of large horticultural trash and material which by the nature of its size cannot be containerized. (T) Triplex shall mean and include a detached three (3) family dwelling designed or intended for occupancy by three (3) families. (Ord. No. 9-78 § 1, 16 May 1978). Sec. 673.02 Garbage receptacles to be provided: (A) All owners, residents and all occupants of any residential unit and the owner, user, manager or occupants of any multiple dwelling unit , or of any place or business or commercial establishment with the City are hereby required to provide a garbage receptacle to hold four (4) days accumulation of garbage. (B) In lieu of individual garbage receptacles, an industrial container or containers may be used. Said con- tainer shall be provided by the collector and the City Manager shall first determine § 673.01 GARBAGE & TRASH § 673.01 (F) Duplex shall mean and include a detached two-family dwelling designed or intended for occupancy by two (2) families. (G) Garbage shall mean and include all waste and accumulations of animal, fruit or vegetable matter that attends, or results from the preparation, use handling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable matter, of any nature whatsoever, which is subject to decay, putrification, and the generation of noxious and offensive gases or odors, or which may serve as breeding or feeding materials for flies and/or other germ carrying insects. (H) Hazardous materials shall mean wastes that are hazardous by reason of their pathological, explosive, radio- logical or toxic characteristics. (I) Horticultural trash shall mean accumulation of lawn, grass, or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches (shall not exceed four (4) feet in length and thirty (3) inches in diameter), bushes or shrubs, green leaf cuttings, coconuts, fruits or other matter usually created as refuse in the care of lawns and yards, except large branches, trees or bulky or non-cumbustible materials not suceptible to normal loading. (J) Individual containers shall mean an individual twenty (2) or thirty (3) gallon container provided by the resident for temporary storage of refuse. § 673.02 GARBAGE & TRASH § 673.02 whether or not an industrial container shall be provided to any owner , user, manager or occupant so requesting an industrial container. Multiple dwelling units containing less than ten (10) units may be provided an industrial garbage container at the discretion of the City Manager. All commercial establishments, establishments other than professional offices or other offices shall be required to have mechanical containers at the discretion of the City Manager. Single family residences, duplexes and triplexes shall not be permitted to use industrial containers. (C) It shall be the duty of the owner, manager, tenant or occupant of any multiple dwelling unit to furnish or see that each unit with cooking facilities of said multiple dwelling is furnished or supplied with a garbage receptacle or receptacles or industrial container or containers adequate and sufficient in size to comply with the terms of this ordinance. All such receptacles or containers shall be kept tightly covered at all times except when it is necessary to lift the cover for disposal or removal of refuse or to deposit refuse therein. It shall be unlawful for any person to deposit refuse in such amount in the receptacle or receptacles or industrial containers that will not permit the cover thereof to be kept tightly in place. (Ord. No. 9-78 § 2 16 May 1978). § 673.03 GARBAGE & TRASH § 673.03 (C) Location of garbage receptacles. Garbage receptables shall not be located in such places or uner conditions as to cause unnecessary or unreasonable offense to sightliness, cleanliness, safety or other sanitary conditions. They shall not be kept upon neighboring property, not in the ownership or tenacy of the person by whom the garbage was accumulated, whether such neighboring property be vacant or improved, with- out the written consent of the person having the right to possession and use of the property. No garbage receptacle or industrial container shall be placed on any City right-of-way, except for immediate pickup. The City Manager may make an exception to location of an industrial container or garbage receptacle on any City right-of-way, in writing. Industrial contaienrs shall not be placed ins uch manner as to hinder the closing of container lids. (D) Obstruction. It shall be un- lawful for any personto park a motor vehicle in such a way that the collector cannot service industrial containers or otherwise block access to such con- tainers. (E) It shall be unlawful for a person to place refuse in a container assigned to another address, without written permission of the owner. (Ord. No. 9-78 § 3, 16 May 1978). 7 § 673.04 GARBAGE & TRASH § 673.06 Sec. 673.04 Burning or burying of garbage and horticultural trash, house- hold trash and rubbish: It shall be unlawful for any person to bury garbage, horticultural trash, household trash or rubbish which is or is reasonably likely to become a nuisance or menace or threat to the health of residents within the City. No such garbage, horticultural trash, household trash or rubbish shall be burned within the corporate limits of the City of Cape Canaveral, unless approv- al has first been obtained from the City Manager. (Ord. No. 9-78 § 4, 16 May 1978). Sec. 673.05 Proper disposal of gar- bage and refuse as a prerequisite to collection: No removal or collection of garbage and refuse shall be required by the Collector from any premises within the City, unless the garbage and refuse is deposited in a proper receptacle as herein defined, and the owner or occupant or person responsible for using said pre- mises shall be prosecuted for non-compli- ance . (Ord. No. 9-78 § 5, 16 May 1978) . Sec. 673.06 Unlawful accumulation: It shall further be unlawful and a violation of this Chapter for the owner. and/or occupant or manager or person responsible for any land or premises to permit , suffer, allow, either by commi- ssion or omission any accumulation of garbage, horticultural trash, household trash and rubbish, or industrial waste, upon premises or property within the City of Cape Canaveral for a period longer than four (4) days without having arranged for disposal of said accumulation by the § 673.03 GARBAGE & TRASH § 673.03 Sec. 673.03 Residential garbage, refuse and trash pickup conditions: (A) Residential garbage. All garbage receptacles shall be located so that they are easily accessible by the Collector and shall not weight more than fourty (4) lbs. No collection of gar- bage will be made by the Collector within any fenced-in yard, colosed enclosure, or where the collector would be exposed to a potentially vicious animal. It shall be the responsibility of all owners and residents and all occupants of single or multiple family dwelling units with such fenced-in yards or enclosed areas to place the garbage receptacles in an area which is easily accessible to the collector on collection days. (B) Residential trash or rubbish collections. Horticultural trash, house- hold trash and rubbish collections will be made at the front property line adjacent to the street. Accumulations of grass, leaves, greenlead cuttings, fruits and similar lose materials shall be placed in bags, boxes or otherwise containerized for ease in handling. Collector shall be required to pick up no more than one large piece of furni- ture or appliance per residential dwell- ing unit at any regular pickup. Accumu- lations in excess of this requirement shall be collected as otherwise provided in this Chapter. § 673. 06 GARBAGE & TRASH § 673.07 Collector to perform such services and it shall be unlawful and a violation of this Chapter for any person, whether owner, manager or occupant of any pre- mises, to fail to provide a sufficient number of containers or receptacles per unit as provided herein, to amply provide for any four (4) day period of garbage, horticultural trash, house- hold trash or rubbish. Nothing herein contained shall prevent the owner or occupant , manager or person responsible for said premises to remove accumula- tions of horticultural trash., house- hold trash or rubbish or industrial waste, himself, to a proper place of disposal. In the event that removal of excess accumulations are arranged with the Collector, the rate charged by the Collector shall be negotiated and shall be paid in advance as may be required by the Collector. (Ord. No. 9-78 § 6, 16 May 1978). Sec. 673.07 Unlawful disposal: It shall be unlawful to deposit or dispose of garbage, horticultural trash, house- hold trash, rubbish or industrial waste upon the premises of another, or upon any street , alley, parkway or other public property, or any canal , ditch, water, waterway, river, ocean, sandbed, pool, pond or the like, within the City, or in the receptacle of another, except that tenants of multiple dwellings or businesses, where authorized, may deposit such accumulations in recep- tacles upon which the owner or manager of said multiple dwelling, apartment , or business building has authorized for § 673.10 GARBAGE & TRASH § 673.11 or improvement not to exceed ten (10) days, or by both such fine and impris- onment. (Ord. No. 9-78, §10, 16 May 1978). Sec. 673.11 (A) Schedule of Fees: owner of any resident or commercial building within the City of Cape Canaveral, Florida, shall pay the follow- ing fee as provided for in Section 673.02 hereof: 1. Single Family Residences and Duplex living units at $3.85 per living unit per month. 2. Mobile Home Units at $2.60 per living unit per month. 3. Individual Apartments or Condominium Units at $2.60 per living unit per month. 4. Individual commerical buisness accounts with individual con- tainers at $4.70 per month not to exceed 3 industrial containers per pick up. 5. Commercial buisnesses, Apart- ment Complexes and Condominiums using industrial containers at $11.65 per container yard per month. 6. Special Collection Services at $1.65 per container yard per pickup. 7 11 § 673.11 GARBAGE & TRASH § 673.11 7 . Items requiring special hand- ling due to size , weight , type of material or method of place- ment at a price to be negotiated between the collector and cus- tomer prior to collection. 8. Rates for services not provided for in this Chapter shall be determined by the City Manager, based on rates provided herein for similar types of services. 9. A 254 billing charge shall be added to each bill sent by the City. The above initial schedule of fees is subject to revision from time to time as may be necessary, and all subsequent revisions shall be by resolution of the City Council of the City of Cape Canaveral. (B) Failure of users to pay for fees in the preceding subsection within thirty (30) days of the billing date shall be a violation of this Chapter. In addition, the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable attorney's fee and costs, if such civil action is necessary. (C) All fees becoming due and payable chapter shall constitute and are hereby imposed as a special assessment lien against the real property and personal property aforesaid, and until fully paid § 673.07 GARBAGE & TRASH § 673.10 the use of the tenants by the owner or manager thereof. (Ord. No. 9-78, §7, 16 May 1978). Sec. 673.08 Transfter or garbage or trash over public streets: Unless a person shall have been specifically authorized and licensed by resolution of the governing body to do so, it shall be unlawful for any person to transport garbage, horticutlural trash, household trash, rubbish or industrial waste through or over the public streets or alleys of the City, except as other- wise provided in Section 673.06 hereof, This provision shall be literally con- strued to protect the public health, safety and general welfare. (Ord. No. 9-78, §8, 16 May 1978). Sec. 673.09 Compliant procedure: The Collector is obligated to promptly respond to all complaints concerning the quality or absence of collection ser- vice. All complaints with regard to refuse and trash collection service direc- ted by this Chapter shall be made to the City, and subsequently directed to the Collector by the City Manager. (Ord. No. 9-78, §9, 16 May 1978). Sec. 673.10 Penalties: Any person who fails to comply with this ordinance, or who violates the same, or who creates or maintains garbage, horticultural trash, household trash or rubbish, shall be considered as having violated this Chapter, and upon conviction in a court of competent jurisdiction, shall be pun- ished by a fine not to exceed $250.00 12 § 673. 11 GARBAGE & TRASH § 673. 11 and discharged, shall remain liens equal in dignity with the City' s ad valorem taxes, and superior in rank and dignity to all liens , encumbrances, titles and claims in, to or against the real property involved. Such fees shall become delinquent if not fully paid within thirty (30) days after the due date. All delinquent service charges shall bear a penalty as follows : Single family, duplex and triplex - $1. 00 per month from due date; All other residential - $1.00 per month from due date; Commercial - $5 .00 per month from due date. Unpaid delinquent service charges , together with all penalties imposed thereon shall remain and constitute special assessment liens against the real and personal properties involved. Such special assessment liens for garbage fees and penalties shall be enforced by any of the methods provided in Chapter 86, Florida Statutes , or in the alternative, foreclosure pro- ceedings may be instituted and prose- cuted under .the provisions of Chapter 173 Florida Statutes, or the collection • and enforcement of payment thereof may be accomplished by any other method authorized by law (D) In addition to the collection procedure and foreclosure procedure established in the preceding subsections, the City Manager is hereby empowered to discontinue water and/or sewer service § 673.11 GARBAGE & TRASH § 673.13 to the owner of any residence, commercial building or establishment who fails to pay the monthly garbage charge as provi- ded for in this subsection. (E) Each condominium association within the City of Cape Canaveral will be responsible for the monthly condo- minium garbage fee provided herein. (Ord. No. 9-78 § 11, 16 May 1978) . Sec . 673.12 Authority of City to collect : Nothing contained in this Chapter shall be construed to prevent the City from creating or acting as its own garbage and/or trash collection or disposal service or facility, either independently, exclusively or in conjunc- tion with others. (Ord. No. 9-78 § 12 , 16 May 1978) . Sec. 673.13 Legislative intent : If this Chapter or any section hereof , or any sentence, phrase or word be declared illegal or unlawful by a court of compe- tent jurisdiction, it is the intent that such illegal word, phrase, sentence or section shall not affect the legality of the remainder of this Chapter. (Ord. No. 9-78 § 13; 16 May 1978) . § 673 . 01 GARBAGE & TRASH § 673 . 01 CHAPTER 673 GARBAGE AND TRASH REMOVAL Sec . 673 . 01 Definitions : For the purpose of this Chapter , the following words and terms shall have the follow- ing meanings : (A) Approved Container shall mean industrial containers as defined herein, and trash cans provided by customer and acceptable to the City, (B) Bulk Container shall mean a fifty-five (55) gallon drum supplied by the City for temporary storage of refuse or trash at street and beach locations and other City recreational facilities . (C) Business shall mean and include all retail , professional , wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public . (D) Commercial shall mean and include all dwellings and businesses serviced by an industrial container of two (2) cubic yards capacity or greater . (E) Containerized business shall mean and include any business , multi- family dwelling or other structure whose garbage and/or trash is deposited in an approved container for removal by the Collector . § 673 . 01 GARBAGE & TRASH § 673 . 01 (K) Industrial shall mean establish- ments generating waste accumulation of metal, metal products, minerals, chemi- cals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses or materials ususally created by indus- trial enterpises. (L) Industrial container shall mean a two (2) cubic yard or larger container which can be emptied by mechanical means. (M) Multi-family dwelling shall mean and include any building or struc- ture containing four (4) or more con- tiguous living units and intended exclusively for residential use by single persons or families. (N) Non-containerized buisness shall mean and include any dwelling, buisness, apartment or other structure whose trash is deposited and collected by means other than a container. (O) Refuse shall mean a combination of garbage, horticultural trash and small pieces of materials which are containerized for routine pickup. (P) Single-family residence shall mean and include a detached single- family dwelling designed or intended for occupancy by one (1) person or by one (1) family. § 673. 01 GARBAGE & TRASH § 673 . 02 (Q) Special material shall mean those bulky materials or other special wastes that are not stored in approved containers and are not routinely gener- ated in residential areas. (R) Trailer parks shall mean and include any group of two (2) or more trailer lots operated as a commercial business to provide parking for mobile homes as living units . (S) Trash shall mean a combination of large horticultural trash and material which by the nature of its size cannot be containerized . (T) Triplex shall mean and include a detached three (3) family dwelling designed or intended for occupancy by three (3) families . (Ord . No . 9-78 § 1 , 16 May 1978) . Sec . 673 . 02 Garbage receptacles to be provided: (A) All owners , residents and all occupants of any residential unit and the owner , user , manager or occupants of any multiple dwelling unit , or of any place or business or commercial establishment with the City are hereby required to provide a garbage receptacle to hold four (4) days accumulation of garbage . (B) In lieu of individual garbage receptacles , an industrial container or containers may be used . Said con- tainer shall be provided by the collector and the City Manager shall first determine § 673 . 01 GARBAGE & TRASH § 673 . 01 (F) Duplex shall mean and include a detached two-family dwelling designed or intended for occupancy by two (2) families. (G) Garbage shall mean and include all waste and accumulation of animal, fruit or vegetable matter that attends, or results from the preparation, use, handling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable matter, of any nature whatosever, which is subject to decay, putrification, and the generation of noxious and offensive gases or odors, of which may serve as breeding or feeding materials for flies and/or other germ carrying insects. (H) Hazardous materials shall mean wastes that are hazardous by reason of their pathological, explosive, radio- logical or toxic characteristics. (I) Horticultural trash shall mean accumulation of lawn, grass or shrubbery cuttings, or clippings and dry leaf rakings, palm fronts, small tree branches (shall not exdeed four (4) feet in length and thirty (4) inches in diameter), bushes or shrubs, green leaf cuttings, coconuts, fruits or other matter usually created as refuse in the care of lawns and yards, except large branches, trees or bulky or non-combustible materials not susceptible to normal loading. (J) Individual containers shall mean an individual twenty (2) or thirty (3) gallon container provided by the resident for temporary storage of refuse. § 673 . 02 GARBAGE & TRASH § 673 . 02 whether or not an industrial container shall be provided to any owner , user , manager or occupant so requesting an industrial container . Multiple dwelling units containing less than ten (10) units may be provided an industrial garbage container at the discretion of the City Manager . All commercial establishments , establishments other than professional offices or other offices shall be required to have mechanical containers at the discretion of the City Manager . Single family residences , duplexes and triplexes shall not be permitted to use industrial containers , may make an exception to location of (C) It shall be the duty of the owner , manager , tenant or occupant of any multiple dwelling unit to furnish or see that each unit with cooking facilities of said multiple dwelling is furnished or supplied with a garbage receptacle or receptacles or industrial container or containers adequate and sufficient in size to comply with the terms of this ordinance . All such receptacles or containers shall be kept tightly covered at all times except when it is necessary to lift the cover for disposal or removal of refuse or to deposit refuse therein. It shall be unlawful for any person to deposit refuse in such amount in the receptacle or receptacles or industrial containers that will not permit the cover thereof to be kept tightly in place . (Ord . No . 9-78 § 2 16 May 1978) . § 673 . 03 GARBAGE & TRASH § 673 . 03 (C) Location of garbage receptacles. Garbage receptacles shall not be located in such places or under such conditions as to caus unnecessary or unreasonable offense to sightliness, cleanliness, safety or other sanitary conditions. They shall not be kept upon neighboring property, not in the ownership or tenancy of the person by whorm the garbage was accumulated, whether such neighboring property be vacant or improved, with- out the written consent of the person having the right to possession and use of the property. No garbage receptacle or industrial container shall beplaced on any City right-of-way, except for immediate pickup. The City Manager may make an exception to location of an industral container or garbage receptacle on any City right-of-way, in writing. Industrial containers shall not be placed in such manner as to hinder the closing of container lids. (D) Obstruction. It shall be un- lawful for any person to park a motor vehicle in such a way that the collector cannot service industrial containers or otherwise block access to such con- tainers. (E) It shall be unlawful for a person to place refuse in a container assigned to another address, without written permission of the owner. (Ord. No. 9-78 § 3, 16 May 1978). § 673 . 04 GARBAGE & TRASH § 673 . 06 Sec . 673 . 04 Burning or burying of garbage and horticultural trash , house- hold trash and rubbish : It shall be unlawful for any person to bury garbage , horticultural trash , household trash or rubbish which is or is reasonably likely to become a nuisance or menace or threat to the health of residents within the City. No such garbage , horticultural trash , household trash or rubbish shall be burned within the corporate limits of the City of Cape Canaveral , unless approv- al has first been obtained from the City Manager . (Ord . No . 9-78 § 4 , 16 May 1978) . Sec . 673 . 05 Proper disposal of gar- bage and refuse as a prerequisite to collection : No removal or collection of garbage and refuse shall be required by the Collector from any premises within the City , unless the garbage and refuse is deposited in a proper receptacle as herein defined , and the owner or occupant or person responsible for using said pre- mises shall be prosecuted for non-compli- ance . (0rd . No . 9-78 § 5 , 16 May 1978) . Sec . 673 . 06 Unlawful accumulation : It shall further be unlawful and a violation of this Chapter for the owner and/or occupant or manager or person responsible for any land or premises to permit , suffer , allow, either by commi- ssion or omission any accumulation of garbage , horticultural trash , household trash and rubbish, or industrial waste , upon premises or property within the City of Cape Canaveral for a period longer than four (4) days without having arranged for disposal of said accumulation by the § 673 . 03 GARBAGE & TRASH § 673 . 03 Sec. 673.03 Residential garbage, refuse and trash pickup conditions: (A) Residential garbage. All garbage receptacles shall be located so that they are easily accessible by the Collector and shall not weight more than forty (40) lbs. No collection of gar- bage will be made by the Collector within any fenced-in yard, closed enclosure, or where the collector would be exposed to a potentially vicous animal. It shall be the responsibility of all owners and residents and all occupants of single of multiple family dwelling units with such fenced-in yards or enclosed areas to place the garbage receptacles in an area which is easily accessible to the collector on collection days. (B) Residential trash or rubbish collections. Horticultural trash, house- hold trash and rubbish collections will be made at the front property line adjacent to the treet. Accumulations of grass, leaves, greenleaf cuttings, fruits and similar loose materials shall be placed in bags, boxes or otherwise containerized for ease in handling. Collector shall be required to pick up no more than one large piece of furni- ture of appliance per residential dwell- ing unit at any regular pickup. Accumu- lations in excess of this requirement shall be collected as otherwise provided in this Chapter. § 673 . 06 GARBAGE & TRASH § 673 . 07 Collector to perform such services and it shall be unlawful and a violation of this Chapter for any person , whether owner , manager or occupant of any pre- mises , to fail to provide a sufficient number of containers or receptacles per unit as provided herein , to amply provide for any four (4) day period of garbage , horticultural trash, house- hold trash or rubbish. Nothing herein contained shall prevent the owner or occupant , manager or person responsible for said premises to remove accumula- tions of horticultural trash , house- hold trash or rubbish or industrial waste , himself , to a proper place of of excess accumulations are arranged with the Collector , the rate charged by the Collector shall be negotiated and shall be paid in advance as may be required by the Collector . (Ord . No . 9-78 § 6 , 16 May 1978) . Sec . 673 . 07 Unlawful disposal : It shall be unlawful to deposit or dispose of garbage , horticultural trash, house- hold trash, rubbish or industrial waste upon the premises of another , or upon any street , alley , parkway or other public property , or any canal , ditch , water , waterway , river , ocean, sandbed , pool , pond or the like , within the City , or in the receptacle of another , except that tenants of multiple dwellings or businesses , where authorized , may deposit such accumulations in recep- tacles upon which the owner or manager of said multiple dwelling , apartment , or business building has authorized for § 673 . 10 GARBAGE & TRASH § 673 . 11 or imprisonment not to exceed ten (10) days, or by both such fine and impris- onment. (Ord. No. 9-78, §10, 16 May 1978). Sec. 673.11 (A) Schedule of Fees: owner of any resident or commercial building within the City of Cape Canaveral, Florida, shall pay the follow- ing fee as provided for in Section 673.02 hereof: 1. Single Family Residences and Duplex living units as $3.85 per living unit per month. 2. Mobile Home Units at $2.60 per living unit per month. 3. Individual Apartments or Condominium Units at $2.60 per living unit per month. 4. Individual commercial buisness accounts with individual con0 tainers at $4.70 per month not to exceed 3 industrial containers per pick up. 5. Commercial buisnesses, Apart- ment Complexes and Condominiums using industrial containers at $11.65 per container yard per month. 6. Special Collection Services at $1.65 per container yard per pickup. § 673 . 11 GARBAGE & TRASH § 673 . 11 7 . Items requiring special hand- ling due to size , weight , type of material or method of place- ment at a price to be negotiated tomer prior to collection. 8 . Rates for services not provided for in this Chapter shall be determined by the City Manager , based on rates provided herein for similar types of services . 9 . A 254 billing charge shall be added to each bill sent by the City . The above initial schedule of fees is subject to revision from time to time as may be necessary , and all subsequent revisions shall be by resolution of the City Council of the City of Cape Canaveral . (B) Failure of users to pay for fees in the preceding subsection within thirty (30) days of the billing date shall be a violation of this Chapter . In addition , the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent jurisdiction , including a reasonable attorney ' s fee and costs , if such civil action is necessary. (C) All fees becoming due and payable on or after the effective date of this chapter shall constitute and are hereby imposed as a special assessment lien against the real property and personal property aforesaid , and until fully paid 12 § 673 . 07 GARBAGE & TRASH § 673. 10 the use of the tenants by the owner or manager thereof. (Ord. No. 9-78, §7, 16 May 1978). Sec. 673.08 Transfer of garbage or trash over public streets: Unless a personal shall have been specifically authorized and licensed by resolution of the governing body to do so, it shall be unlawful for any person to transport garbage, horticultural trash, household trash, rubbish or industrial waste through or over the public streets or alleys of the City, except as other0 wise provided in Section 673.06 hereof. This provision shall be literally con- strued to protect the public health, safety and general welfare. (Ord. No. 9-78 §8, 16 May 1978). Sec. 673.09 Compliant procedure: The Collector is obliged to promptly respond to all complaints concerning the quality or absence of collection ser- vice. All complaints with regard to refuse and trash collection service direc- ted by this Chapter shall be made to the City, and subsequently directed to the Collector by the City Manager. (Ord. No. 9-78 § 9, 16 May 1978). Sec. 673.10 Penalties: Any person who fails to comply with this ordinance, or who violates the same, or who creates or maintains garbage, horticultural trash, household trash or rubbish, shall be considered as having violated this Chapter, and upon conviction in a court of competent jurisdiction, shall be pun- ished by a fine not to exceed $250.00 § 673 . 11 GARBAGE & TRASH § 673 . 11 and discharged , shall remain liens equal in dignity with the City's ad valorem taxes , and superior in rank and dignity to all liens , encumbrances , titles and claims in , to or against the real property involved . Such fees shall become delinquent if not fully paid within thirty (30) days after the due date. All delinquent service charges shall bear a penalty as follows : Single family , duplex and triplex - $1 . 00 per month from due date ; All other residential - $1 . 00 per month from due date ; Commercial - $5 . 00 per month from due date. Unpaid delinquent service charges , together with all penalties imposed thereon shall remain and constitute special assessment liens against the real and personal properties involved . Such special assessment liens for garbage fees and penalties shall be enforced by any of the methods provided in Chapter 86 , Florida Statutes , or in the alternative , foreclosure pro- ceedings may be instituted and prose- cuted under the provisions of Chapter 173 Florida Statutes , or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law (.D) In addition to the collection procedure and foreclosure procedure established in the preceding subsections , the City Manager is hereby empowered to discontinue water and/or sewer service 13 § 673 . 11 GARBAGE & TRASH § 673 . 13 to the owner of any residence , commercial building or establishment who fails to pay the monthly garbage charge as provi- ded for in this subsection. (E) Each condominium association within the City of Cape Canaveral will be responsible for the monthly condo- minium garbage fee provided herein . (Ord . No . 9-78 § 11 , 16 May 1978) . Sec . 673 .12 Authority of City to collect : Nothing contained in this Chapter shall be construed to prevent the City from creating or acting as its own garbage and/or trash collection or disposal service or facility , either independently , exclusively or in conjunc- tion with others . (Ord . No . 9-78 § 12 , 16 May 1978) . Sec . 673 . 13 Legislative intent : If this Chapter or any section hereof , or any sentence , phrase or word be declared illegal or unlawful by a court of compe- tent jurisdiction , it is the intent that such illegal word , phrase , sentence or section shall not affect the legality of the remainder of this Chapter . (Ord . No . 9-78 § 13 , 16 May 1978) . MICROFILMED 4-10-80 AMENDED 78-23 Rates AMENDED 80-57 Rates RESOLUTION NO. 78-14 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO EXECUTE A GARBAGE AND RUBBISH COLLECTION AGREEMENT WITH FLECKINGER REFUSE, INC. ; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Mayor and City Clerk of the City of Cape Canaveral, Florida, are hereby authorized to execute an agreement with Fleckinger Refuse, Inc. , for the collection of garbage and rubbish in the City of Cape Canaveral. A copy of said agreement is attached hereto and by reference incorporated into this resolution. SECTION 2. This resolution shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 13 day of April , 1978. [signature] Mayor Attest: [signature] City Clerk Approved as to form: [signature] City Attorney NAME YES NO BOYD YES MURPHY YES RIGERMAN YES THURM YES WELTON YES MICROFILMED 4-10-80 GARBAGE AND RUBBISH COLLECTION AGREEMENT THIS AGREEMENT, made and entered into this 21 day of April , 1978, by and between the CITY OF CAPE CANAVERAL, a municipal corporation duly organized and located in Brevard County, Florida, hereinafter referred to as the City and FLECKINGER REFUSE, INC. , herein- after referred to as the Collector, WITNESSETH: The City and the Collector, in consideration of the mutual covenants, agreements and considerations contained herein, agree as follows: 1. EXCLUSIVE CONTRACT The City grants to the Collector the exclusive right and obligation to provide solid waste collection services within the City boundaries, present and future, except as so stated in this contract. 2. TERM The term of this contract shall be a period of five (5) years beginning May 1, 1978 and terminating April 30, 1983. 3. OPTION TO RENEW The parties hereto may extend this contract for one (1) year terms by mutual consent in writing at least ninety (90) days prior to the expiration of the current term. 4. SERVICE (a) Refuse pickup shall occur twice weekly from all locations unless specified otherwise. Pickup will be from tlx: customer's container location (back yard service) or preselected dumpster locations. The Collector's collection schedule will be approved by the City. (b) The Collector will provide dumpster containers for apartment complexes and all condominium complexes unless specifically excluded. Containers will also be provided businesses requiring such containers. (c) All containers provided by the Collector for use on this contract shall be new and of a type acceptable to the City. All Collector's MICROFILMED 4-10-80 containers supplied shall be equipped with easy opening, positive closing lids. (d) A once a week trash pickup service shall be provided for all non-containerized trash placed at curb side, at no cost. (e) The Collector shall pick up all refuse and trash from all City facilities, including parks and recreational complexes, and containers at all beach end streets, at no cost to the City. 5. HOURS Residential: Collection shall be made in residential areas beginning no earlier than 7:00 a. m. Collection shall not occur after 6:00 p. m. or on Sundays, except in time of emergency. Commercial: Collections may be made at shopping centers and primarily business and industrial centers, at night or early morning hours if immediate residential areas are not disturbed by such collections. 6. SPILLAGE AND LITTER The Collector shall not litter premises in the process of making collections. During hauling, all solid waste shall be contained, tied or enclosed so that leaking, spilling or blowing are prevented. In the event of spillage by the Collector, the Collector shall promptly clean up the litter. 7. APPROVED CONTAINERS All commercial containers (dumpsters) serviced by the Collector shall be provided by the Collector. Amounts and types of refuse placed for residential collection shall be stored in containers of a type acceptable to the City. 8. UNAPPROVED CONTAINERS The Collector shall not be required to collect refuse unless it is in approved containers, except as provided for by the once a week trash pickup. 9. SPECIAL MATERIALS The Collector may provide haul service for materials not routinely 2. MICROFILMED 4-10-80 generated in residential areas, e.g. , construction debris. Collection shall be as negotiated by the customer and the Collector. 10. EXTRAORDINARY MATERIALS Hazardous wastes, body wastes, dead animals, abandoned vehicles, vehicle parts, large equipment and parts thereto will not be collected by the Collector unless specifically directed by the City and agreed to by the Collector, at a price to be negotiated per individual collection. 11. COLLECTION EQUIPMENT (a) The Collector shall have on hand at all times, in good working order, such equipment as shall permit the Collector, adequately and efficiently,. to perform its duties hereunder. The equipment shall be purchased from a nationally known and recognized manufacturer. (b) The Collector shall maintain all collection equipment in good repair, acceptable appearance, clean and sanitary at all times. The Collector shall have available for its use at any time, reserve equip- ment which it can put into operation within twelve (12) hours of any breakdown. Reserve equipment must be capable of performing in such a manner as will allow the Collector to meet the general terms of its contract. (c) The Collector will be responsible for all commercial (dumpster) container maintenance and upkeep. Collector shall not allow same to become rusty and dilapidated, but shall maintain it in a neat and operable condition. (d) The Collector will be required to spray with disinfectant, all commercial (dumpster) containers once each thirty (30) days. 12. OFFICE The Collector shall use its existing office facility at 3303 Lake Drive, Cocoa, Florida. The Collector will provide radio communication from its office to all vehicles operating in the City of Cape Canaveral. The Collector shall also provide emergency telephone service at all hours which its office is not open. 3. MICROFILMED 4-10-80 13. TITLE TO WASTE The City shall have vested title to all solid waste materials generated within the corporate limits of the City, including all rights to recycling said materials. 14. DISPOSAL All solid waste shall be transported to the Brevard County, Florida operated Solid Waste Disposal station as required by County Ordinance. The City may provide for recycling solid waste, if not otherwise prohibited by law. 15. DEFINITIONS (a) Approved Container shall mean industrial containers as defined herein, and trash cans provided by customer and acceptable to the City. (b) Bulk Container - shall mean a fifty-five (55) gallon drum supplied by the City for temporary storage of refuse or trash at street end beach locations and other City recreational facilities. (c) Business - shall mean and include all retail, professional, wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public. (d) Commercial - shall mean and include all dwellings and businesses serviced by an industrial container of two (2) cubic yard capacity or greater. (e) Containerized business - shall mean and include any business, multi-family dwelling or other structure whose garbage and/or trash is deposited in an approved container for removal by the Collector. (f) Duplex - shall mean and include a detached two-family dwelling designed or intended for occupancy by two (2) families. (g) Garbage - shall mean and include all waste and accumulation of animal, fruit or vegetable matter that attends, or results from the 4. MICROFILMED 4-10-80 preparation, use, handling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable matter, of any nature whatsoever, which is subject to decay, putrification, and the generation of noxious and offensive gases or odors, or which may serve as breeding or feeding materials for flies and /or other germ carrying insects. (h) Hazardous materials - shall mean wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics. (i) Horticultural trash - accumulation of lawn, grass or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches (shallnotexceed four (4) feet in length and thirty (30) inches in diameter), bushes, or shrubs, green leaf cuttings, coconuts, fruits, or other matter usually created as refuse in the care of lawns and yards, except large branches, trees or bulky or non- combustible materials not susceptible to normal loading. (j) Individual containers - shall mean containers provided by the residents for temporary storage of refuse. (k) Industrial - shall mean establishments generating waste accumulation of metal, metal products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses or materials usually created by industrial enterprises. (1) Industrial container - a two (2) cubic yard or larger container which can be emptied by mechanical means. (m) Multi-family dwelling - shall mean and include any building or structure containing four (4) or more contiguous living units and intended exclusively for residential use by single persons or families. 5. MICROFILMED 4-10-80 (n) Non-containerized business - shall mean and include any dwelling, business, apartment or other structure whose trash is deposited and collected by means other than a container. (o) Refuse - shall mean a combination of garbage, horticultural trash and small pieces of materials which are containerized for routine pickup. (p) Single-family residence - shall mean and include a detached single-family dwelling designed or intended for occupancy by one (1) person or by one (1) family. (q) Special material - shall mean those bulky materials or other special wastes that are not stored in approved containers and are not routinely generated in residential areas. (r) Trailer parks - shall mean and include any group of two (2) or more trailer lots operated as a commercial business to provide parking for mobile homes as living units. (s) Trash - combination of large horticultural trash and material which by the nature of its size cannot be containerized. (t) Triplex - shall mean and include a detached three-family dwelling designed or intended for occupancy by three (3) families. 16. CHARGES AND RATES For services required to be performed under this contract for solid waste collections and subsequent transportation to the Brevard County Solid Waste Disposal Station, the rates shall be as follows: (a) Regularly scheduled twice weekly conventional backyard collection service for: (1) Single family residences and duplex living units at $3. 70 per living unit per month. (2) Mobile home units at $2.50 per living unit per month. (3) Individual apartment or condominium units with trash cans at $2.50 per living unit per month. 6. MICROFILMED 4-10-80 (4) Individual commercial business accounts with trash cans at $10.00 per month, or 60¢ per can per pickup. (b) Regularly scheduled twice weekly collection from collector supplied commercial dumpsters used by commercial businesses, apartment complexes and condominiums at $11.20 per container yard per month. (c) Special collection services in addition to the normally provided twice weekly service in paragraph (b) a bove at $1.60 per container yard per pickup. (d) For items requiring special handling due to size, weight, type of material or method of placement, the charges are to be negotiated between Collector and the customer prior to collection. (e) Changes to the Brevard County dumping fees may occur during the period of this contract. If this situation should occur, changes in these fees will be applied directly, up or down, to the rates of service herein quoted by the Collector. 17. PICKUP LOCATION Refuse shall be picked up from residential back yard locations, or preselected permanent industrial container locations. Residential containers shall not be placed inside fenced areas. Trash will be picked up from curb side locations. 18. CHANGES IN COST OF DOING BUSINESS The contract price will be adjusted up or down to compensate for any change in the cost of living. This adjustment shall only be applied against labor and supply cost for which the Collector can show escalation and will be paid in the specific amount of escalation not to exceed the computation in paragraph 2 below. 7. MICROFILMED 4-10-80 (a) (1) Adjustment of contract price. The contract price to be paid to the Collector during each year, beginning May 1, 1980, shall be adjusted by any change in the cost of living determined in accordance with the formula set in subparagraph (2) below, but not to exceed actual cost increase. (2) Computation of adjustment in contract price. As promptly as practicable at the end of each contract year, beginning with the end of contract year ending April 30, 1980, during the term of this agreement, or any extension thereof, City shall compute the new contract price, using as the basis of such computation the "Consumer Price Index" - U. S. City Average "all items" (1967=100), hereinafter called the Index, published by the Bureau of Labor Statistics of the United States Department of Labor. The Index number for the month of February, 1978 shall be the "base Index number" and the corresponding Index number for the month of February in the year of each anniversary of this agreement, or any extension thereof, shall be the current Index number. Beginning May 1, 1980 and each year thereafter, the new contract price shall be determined by dividing the current Index number (CIN) by the base Index number (BIN), in accordance with the following formula, dropping all digits after the hundredth: The new contract price= (CIN)X the base year contract price (BIN) as adjusted in paragraph (c) below. Any portion of the change in the annual contract price retroactively due shall be payable within five (5) days after the computation hereunder has been made. 8. MICROFILMED 4-10-80 Appropriate adjustment shall be promptly made in case there is a published amendment of the Index figures upon which the computation is based. If publication of the Consumer Price Index is discontinued, the parties hereto shall accept comparable statistics on the cost of living as computed and published by an agency of the United States or by a responsible financial periodical or recognized authority then to be selected by the parties. (b) Increase or decrease in the standard Workmen's Compensation Insurance rate without experience modification based on actual payroll May 1, 1978 in the month following the change. (c) Addition or deletion of billed refuse accounts including residential, business and commercial which result in the placement or removal of containers. Contract shall be adjusted in the month following such placement or removal. 19. BILLING - CITY REFUSE ACCOUNTS The City of Cape Canaveral will be responsible for all billing and collection services associated with the City Refuse Accounts, except in those instances where this contract provides for the customer to negotiate special rates with the Collector. 20. CERTIFICATION OF CITY REFUSE ACCOUNTS The City of Cape Canaveral shall certify to the Collector on the last Friday of each calendar month the number and size of all individual and industrial containers in service in the City. The Collector agrees that the City may, in the discretion of the City Manager, delete those dwellings or commercial units which are vacant or unoccupied, from the billing for each month. 21. PAYMENTS TO COLLECTOR The Collector shall submit to the City by the tenth (10th) of each month their statement for services provided during the preceding month. 9. MICROFILMED 4-10-80 The statement shall include line item billing for refuse service, trash service, special hauls and any County dumping fees imposed on the Collector. 22. SERVICE - NEW AND DISCONTINUED - BILLING BY CITY The Collector shall commence service at any location within the Contract area upon notice from the City. The Collector shall discontinue collection service at any location when set forth in a written notice sent to him by the City. Upon further written notification by the City, the Collector shall resume service. Interim notices may be provided by telephone, with written confirmation to follow. No charge shall be made to the customer or City for the placement or removal of any container. 23. COMPLAINTS All complaints will be referred to and handled by the City. Complaints received by the City and considered to be serious in nature will be documented in writing and forwarded to the Collector for his investigation and correction or explanation. Collector's response to this type of complaint will be by written reply and will be made with three (3) working days after the complaint is received. The Collector's reply will include specific actions taken to correct the area of concern. All routine contacts dealing with random omission of service, etc. , will be transmitted from the City to the Collector verbally and will be responded to by the Collector in an expeditious manner the same day the contact is made or immediately the following morning. 24. NOTIFICATION OF CUSTOMERS The City shall agree to initially notify all customers about complaint procedures, rates, regulations and day(s) of collection. 25. ROUTES AND SCHEDULES The Collector shall provide the City with schedules of collection routes and keep such information current at all times. In the event of 10. MICROFILMED 4-10-80 changes in routes or schedules that will alter the day of pickup, the Collector shall so notify each customer affected by mail or news media not less than one (1) week prior to the change. 26. COLLECTOR'S PERSONNEL (a) The Collector shall assign a qualified person or persons to be in charge of its operations in the City, and shall give the name or names to the City. Information regarding the experience of this person or his successor(s) shall be furnished to the City. (b) The Collector shall require that its collection employees wear a clean uniform or shirt bearing the Collector's name. (c) The City may request the transfer or dismissal of any employee of the Collector who violates any provision of this contract, or who is wanton, negligent, or discourteous in the performance of his duties, as may be determined by the City Manager. 27. COLLECTION SERVICES The Collector shall be responsible for performing the following services within the City of Cape Canaveral: (a) Collection of all solid waste, both refuse and trash placed as required by paragraph 17, a minimum of twice weekly. (b) Collection of trash once a week throughout the City. (c) Deposit all trash and refuse collected hereunder at approved sites or facilities legally empowered to accept it as provided by the County and State governing agencies. (d) The Collector shall not be required to, but may, pick up refuse on those holidays on which the County dump is closed. (e) The employees of the Collector shall not be required to expose themselves to the danger of being bitten by vicious animals in order to perform their duties hereunder. 11. MICROFILMED 4-10-80 (f) The Collector shall make collections of garbage and trash with as little disturbance as possible. Containers shall be thoroughly emptied and left at the premises where they are found. (g) All routing and scheduling of trucks used by the Collector for the pickup of trash and garbage from containers shall be left to the discretion of the Collector to the end that the schedule of pickups shall be reasonably equally spaced during each week and shall assure maximum efficiency of operation. (h) The Collector will be responsible for any container damage resulting from carelessness by his employees. (i) Collector must supply equipment equipped with spray system so that all industrial containers shall be sprayed on a once a month basis with a disinfectant. (j) Collector will collect any and all refuse and/or trash that may be required by the City. 28. STANDARD OF PERFORMANCE (a) If the Collector fails to collect the solid waste materials herein specified for a period in excess of two (2) consecutive, scheduled, working days or fails to operate the system in a satisfactory manner in accordance with this contract, for a similar period, the City may move as follows (provided such failure is not due to war, insurrection, riot, Act of God, or any other cause beyond the Collector's control): (1) at its option, after written notice to the Collector as provided hereinafter, take over and operate any or all of the Collector's equipment used in the performance of this contract. (2) use and operate same itself until such matter is resolved and the collector is again able to carry out its operation under this contract; any and all operating expenses incurred by the City in doing so may be deducted by it from compensation to the collector hereunder. 12. MICROFILMED 4-10-80 During such period, the liability of the City to the Collector for loss or damage to such equipment so used shall be that of a bailee for hire, ordinary wear and tear being specifically exempt from such liability. The liability of the Collector to third persons shall cease and all claims or demands arising out of the operation of the collection service shall be directed solely to the City. (b) Provided, however, if the Collector is unable for any cause to resume performance at the end of thirty (30) calendar days, the City shall be free to negotiate with other collectors for the operation of said collection service. Such operation with another collector shall not release the Collector herein of its liability to the City for such breach of the contract. In the event that this contract is so negotiated with a new collector or other collectors, third party liability of the Collector herein shall terminate insofar as same arises from tortious conduct in operation of the collection service. 29. BANKRUPTCY It is agreed that if the Collector is adjudged bankrupt, either voluntarily or involuntarily, then this contract sha 11 terminate effective on the day and at the time the bankruptcy petition is filed. 30. DISPUTES Any controversy, claim or dispute, arising out of or relating to this contract, including questions of performance or fees and charges, shall . be handled as follows: (a) The City Manager will attempt to resolve the dispute with the Collector. (b) If the City Manager cannot resolve the dispute with the Collector within ten (10) days of first being notified of the dispute, or initiating the dispute, the mattershall be submitted to the City Countil to be acted upon at the next regularly scheduled City Council meeting. 13. MICROFILMED 4-10-80 (c) If the City Council fails or is unable to settle the dispute, then either party may pursue its available legal remedies. 31. RIGHT TO REQUIRE PERFORMANCE The failure of the City at any time to require performance by the Collector of any provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 32. LAW TO GOVERN This contract shall be governed by the laws of the State of Florida both as to interpretation and performance. 33. COMPLIANCE WITH LAWS The Collector shall conduct operations under this contract in compliance with all applicable laws. 34. ILLEGAL PROVISIONS If any provision of this contract shall be declared illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. 35. PERMITS AND LICENSES The Collector shall obtain at its own expense all permits and licenses required by law or ordinance and maintain same in full force and effect. 36. PERFORMANCE BOND The Collector shall furnish to the City a Performance Bond for the faithful performance of this contract and all obligations arising hereunder, in the amount of Twenty-five thousand dollars ($25, 000. 00). It shall be executed by a surety company licensed to do business in the State of Florida. 37. WORKMEN'S COMPENSATION INSURANCE The Collector shall provide and maintain during the life of the contract, adequate Workmen's Compensation Insurance, in accordance with 14. MICROFILMED 4-10-80 the laws of the State of Florida, for all its employees. A copy of the policy, annual audits, policy renewals must be provided to the City by the Collector, and accompanied by a list of applicable Collector's personnel. 38. LIABILITY INSURANCE The Collector shall provide and maintain during the life of the contract, Public Liability and Property Damage Insurance and Umbrella Coverage in the following amounts: Public Liability $100, 000 per person/$300, 00 per accident, minimum Property Damage $100, 000 per any one claim, minimum Umbrella Liability $1, 000, 000 with a $25, 000 deductible and/ or base insurance minimum to protect itself, its agents, and its employees from claims for damages for personal injury, including wrongful and accidental death and property damage which may arise from operations under the contract, whether such operations be performed by itself or its employees. The policy or policies shall name the City as additional insured and shall contain a clause that the insurer will not cancel or decrease the insurance coverage, without first giving the City thirty (30) days notice in writing. While no minimum policy period will be required by the City, it is expected that long-term policies will be utilized in order to obtain lower premiums. Insurance shall include all documents issued by all insurance companies licensed to do business in this State. The Collector shall provide the City with copies of all policies, audits and renewals. 39. INDEMNITY The Collector will defend, indemnify, save harmless and exempt the City, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees resulting from injury to persons or damage to property arising out of work done in the performance of this contract. The 15. MICROFILMED 4-10-80 City reserves the right to retain counsel of its choice at its own expense, or, in the alternative, approve counsel obtained by the Collector. 40. ASSIGNMENT AND SUB-LETTING No assignment of the contract or any right occurring under this contract shall be made in whole or part by the Collector without the express written consent of the City Council. In the event of any assignment, the assignee shall assume the liability of the Collector. 41. BOOKS AND RECORDS The Collector shall keep records of all costs and expenses incurred in performance of this contract. These records shall be made available to the City to substantiate all contract adjustments. An annual audit may be requested by the City and conducted by an auditor selected by the City, at the Collector's expense. A copy of said audit shall be furnished to the City. 42. POINT OF CONTACT All dealings, contacts, notices, etc. , between the Collector and the City shall be directed by the Collector to the City Manager or his delegated authority, City of Cape Canaveral, Florida, and by the City to L. L. Fleckinger, Fleckinger Refuse, Inc. , Post Office Box 3803, Cocoa, Florida 32922. 43. NOTICE A letter addressed and sent by certified United States Mail to either party at its business address shown hereinabove shall be sufficient notice whenever required for any purpose in this contract. 44. EFFECTIVE DATE This contract shall become effective and the Collector shall begin collection of the solid wastes as covered herein on May 1, 1978. 45. LIQUIDATED DAMAGES As a breach of the service by this contract would cause serious and substantial damage to the City and its occupants, and the nature of this 16. MICROFILMED 4-10-80 contract would render it impracticable or extremely difficult to fix the actual damage sustained by the City by such breach, it is agreed that in case of breach of service, the City may elect to collect liquidated damages for each such breach and the Collector will pay to the City as liquidated damages and not as a penalty, the amounts set forth below, such sums being agreed as the amount which the City will be damaged by the breach of such service. An election to seek such remedies shall not be construed as a waiver of any legal remedies the City may have as to any subsequent breach of service under this contract. A truck beginning residential collections prior to 7:00 a.m. - $25.00 per day Failure to collect misses within twenty-four (24) hours of - $10.00 each notification to collector residential or commercial unit served by container Repetition of valid complaints on a route after notification to replace container in designated location, spilling, not closing gate, crossing planted areas or similar violations - $5.00 each. Such liquidated damages as the City shall elect to collect will be deducted from the monthly payments due the Collector. Each complaint shall be determined on the basis of a joint inspection, if necessary, by a representative of the City, and a representative of the Collector, and the decision of the City Manager that any complaint is legitimate shall be final. 46. DEFAULT OF CONTRACT Should the Collector abandon, delay unnecessarily in the per- formance of, or in any manner refuse or fail to comply with any of the terms of its contract, or neglect or refuse to comply with the instructions of the City relative thereto, the City shall notify the Collector, in writing, of such abandonment, delay, refusal, failure or neglect and direct it o comply with all provisions of the contract. A copy of such written notice is to be mailed to the surety on the Performance Bond and delivered to the City. Should the Collector fail to show cause why it has abandoned, delayed, refused, failed or neglected to comply with the terms of the contract, to the satisfaction of the City Council, the City Council may, by resolution,. declare a default of the contract and notify the Collector and the surety on the 17. MICROFILMED 4-10-80 Perfor mance Bond of such declaration of default, or the City may take such other action as it may deem advisable. Upon such declaration of default, all payments due the Collector shall be retained by the City and applied to the completion of the contract and to damages suffered and expense incurred by the City by reason of such default, unless the surety on the Performance Bond shall assume the contract, in which event all payments remaining due the Collector at the time of default, less amounts due the City from the Collector and less all sums due the City for damages suffered and expenses incurred by reason of such default shall be due and payable to the surety. Thereafter, such surety shall receive monthly payments equal to those that would have been paid the Collector had such Collector continued to perform the contract. If such surety fails to exercise such option, the City may complete the contract or any part thereof, either by day labor or by re- letting a contract for the same, and the City shall have the right to take possession of and use any or all of the vehicles, materials, equipment, facilities and property of every kind provided by the Collector for the performance of this contract, and to procure other vehicles, equipment and facilities necessary for the completion of the same, and to charge the cost of same to the Collector, together with the cost incident thereto. In the event the City completes the contract at a lesser cost than would have been payable to the Collector under such contract if the same had been fulfilled by said Collector, then the City shall retain such difference. Should such cost to the City be greater, the Collector shall be liable for and pay the amount of such excess to the City. Should the Collector fail at any time to perform all or any part of the contract for a period of more than two (2) days, for whatever cause or reason, the City Council may at such time or any time thereafter, with the consent of the Collector, take possession of all the Collector's equipment, 18. MICROFILMED 4-10-80 vehicles, and facilities, and employ such force as it may deem advisable to continue the work; and the cost of all labor, materials and equipment necessary for such work shall be paid by the City of Cape Canaveral, Florida, out of monies then due or to become due the Collector under and by virtue of the contract for the work herein specified. IN WITNESS WHEREOF, theCity and the Collector have executed this contract as of the day and year first above written. CITY OF CAPE CANAVERAL By [signature] Ann Thurm, Mayor Attest: [signature] Antia J. Ostrom, City Clerk Approved as to form: [signature] Richard F. Scott, City Attorney FLECKINGER REFUSE, INC. By [signature] Attest: [signature] [faded seal] 19. ORDINANCE NO. 9-78 AN ORDINANCE RELATING TO GARBAGE AND TRASH COLLECTION, REQUIRING GARBAGE RECEPTACLES, PRESCRIBING LOCATION AND CONDITION OF SAID GARBAGE RECEPTACLES, ESTABLISHING REGULATIONS FOR PICKUP AND REMOVAL OF GARBAGE AND TRASH; PROVIDING PENALTIES FOR VIOLATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 673.01. Definitions: For the purpose of this chapter, the following words and terms shall have the following meanings: (a) Approved Container shall mean industrial containers as defined herein, and trash cans provided by customer and acceptable to the City. (b) Bulk Container shall mean a fifty-five (55) gallon drum supplied by the City for temporary storage of refuse or trash at street and beach locations and other City recreational facilities. (c) Business shall mean and include all retail, professional, wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public. (d) Commercial shall mean and include all dwellings and businesses serviced by an industrial container of two (2) cubic yards capacity or greater. (e) Containerized business shall mean and include any business, multi-family dwelling or other structure whose garbage and/or trash is deposited in an approved container for removal by the Collector. (f) Duplex shall mean and include a detached two-family dwelling designed or intended for occupancy by two (2) families. (g) Garbage shall mean and include all waste and accumulation of animal, fruit or vegetable matter that attends, or results from. the preparation, use, handling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable matter, of any nature what- soever, which is subject to decay, putrification, and the generation of noxious and offensive gases or odors, or which may serve as breeding or feeding materials for flies and/or other germ carrying insects. (h) Hazardous materials shall mean wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics. (i) Horticultural trash shall mean accumulation of lawn, grass or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches (shall not exceed four (4) feet in length and thirty (30) inches in diameter), bushes or shrubs, green leaf cuttings, coconuts, fruits or other matter usually created as refuse in the care of lawns and yards, except large branches, trees or bulky or non-combustible materials not susceptible to normal loading. (j) Individual containers shall mean an individual twenty (20) or thirty (30) gallon container provided by the resident for temporary storage of refuse. (k) Industrial shall mean establishments generating waste accumulation of metal, metal products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses or materials usually created by industrial enterprises. (1) Industrial container shall mean a two (2) cubic yard or larger container which can be emptied by mechanical means. (m) Multi-family dwelling shall mean and include any building or structure containing four (4) or more contiguous living units and intended exclusively for residential use by single persons or families. (n) Non-containerized business shall mean and include any dwelling, business, apartment or other structure whose trash is deposited and collected by means other than a container. (o) Refuse shall mean a combination of garbage, horticultural trash and small pieces of materials which are containerized for routine pickup. (p) Single-family residence shall mean and include a detached single-family dwelling designed or intended for occupancy by one (1) person or by one (1) family. (q) Special material shall mean those bulky materials or other special wastes that are not stored in approved containers and. are not routinely generated in residential areas. (r) Trailer parks shall mean and include any group of two (2) or more trailer lots operated as a commercial business to provide parking for mobile homes as living units (s) Trash shall mean a combination of large horticultural trash and material which by the nature of its size cannot be containerized. (t) Triplex shall mean and include a detached three (3) family dwelling designed or intended for occupancy by three (3) families. 673.02 SECTION 2. Garbage receptacles to be provided: (a) All owners, residents and all occupants of any residential unit and the owner, user, manager or occupants of any multiple dwelling unit, or of anyplace or business or commercial establishment within the City are hereby required to provide a garbage receptacle to hold four (4) days accumulation of garbage. (b) In lieu of individual garbage receptacles, an industrial container or containers may be used. Said container shall be provided by the collector and the City Manager shall first determine whether or not an industrial container shall be provided to any owner, user, manager or occupant so requesting an industrial container. Multiple dwelling units containing less than ten (10) units may be provided an industrial garbage containr at the discretion of the City Manager. All commercial establishments, establishments other than professional offices or other offices shall be required to have mechanical containers at the discretion of the City Manager. Single family residences, duplexes and triplexes shall not be permitted to use industrial containers. (c) It shall be the duty of the owner, manager, tenant or occupant of any multiple dwelling unit to furnish or see that each unit with cooking facilities of said multiple dwelling is furnished or supplied with a garbage receptacle or receptacles or industrial container or containers adequate and sufficient in size to comply with the terms of this ordinance. All such receptacles or - containers shall be kept tightly covered at all times except when-it is necessary to lift the cover for disposal or removal of refuse or to deposit refuse therein. It shall be unlawful for any person to deposit refuse in such amount in the receptacle or receptacles or industrial containers that will, not permit the cover thereof to be kept tightly in place. 672.13 SECTION 3. Residential garbage, refuse and trash pickup conditions: (a) Residential garbage. All garbage receptacles shall be located so that they are easily accessible by the Collector and shall not weigh more than forty (40) lbs. No collection of garbage will.be, made by the Collector within any fenced-in yard, closed enclosure, or where the collector w)uld be exposed to a potentially vicious animal. It shall be the responsibility of all owners and residents and all occupants of single or multiple family dwelling units with such fenced-in yards or enclosed areas to place the garbage receptacles in an area which is easily accessible to the collector on collection days. (b) Residential trash or rubbish collections. Horticultural trash, household trash and rubbish collections will be made at the front property line adjacent to the street. (Accumulations of garden and yard trash shall be so arranged by the owner, resident or occupant of any residential dwelling so that said accumulation shall not exceed five (5) feet in height, five (5) feet in width and five (5) feet in length, and shall not include branches which are more than thirty (30) inches in diameter or four (4) feet in length. Accumulations in excess of these 800 limitations will be collected as otherwise provided in this ordinance. Accumulations of grass, leaves, greenleaf cuttings, fruits and similar loose materials shall be placed in bags, boxes or otherwise containerized for ease in handling. Collector shall be required to pick up no more than one large piece of furniture or appliance per residential dwelling unit at any regular pickup. Accumulations in excess of this require- ment shall be collected as otherwise provided in this ordinance: (c) Location of garbage receptacles. Garbage receptacles shall not be located in such places or under such conditions as to cause unnecessary or unreasonable offense to sightliness, cleanliness, safety or other sanitary conditions. They shall not be kept upon neighboring property, not in the ownership or tenancy of the person by whom the garbage was accumulated, whether such neighboring property be vacant or improved, without the written consent of the person having the right to possession and use of the property. No garbage receptacle or industrial container shall be placed on any City right-of-way, except for immediate pickup. The City Manager may make an exception to location of an industrial container or garbage receptacle on any City right-of-way, in writing. Industrial containers shall not be placed in such manner as to hinder the closing of container lids. (d) Obstruction. It shall be unlawful for any person to park a motor vehicle in such a way that the collector cannot service industrial containers or otherwise block access to such containers. (e) It shall be unlawful for a person to place refuse in a container assigned to another address, without written permission of the owner. SECTION 673.04. Burning or burying of garbage, horticultural trash, household trash and rubbish: It shall be unlawful for any person to bury garbage, horticultural trash, household trash or rubbish which is or is reasonably likely to become a nuisance or menace or threat to the health of residents within the City. No such garbage, horticultural trash, household trash or rubbish shall be burned within the corporate limits of the City of Cape Canaveral, unless approval has first been obtained from the City Manager. ORI) SECTION 673.05. Proper disposal of garbage and refuse as a prerequisite to collection: No removal or collection of garbage and refuse shall be required by the Collector from any premises within the City, unless the garbage and refuse is deposited in a proper receptacle as herein defined, and the owner or occupant or person responsible for using said premises shall be prosecuted for non-compliance. 4 014 SECTION 673.06. Unlawful accumulation: It shall further be unlawful and a violation of this chapter for the owner and/or occupant or manager or person responsible for any land or premises to permit, suffer, allow, either by commission or omission any accumulation of garbage, horticultural trash, household trash and rubbish, or industrial waste, upon premises or property within the City of Cape Canaveral for a period longer than four (4) days without having arranged for disposal of said accumulation by the Collector to perform such services and it shall be unlawful and a violation of this chapter for any person, whether owner, manager or occupant of any premises, to fail to provide a sufficient number of containers or receptacles per unit as provided herein, to amply provide for any four (4) day period of garbage, horticultural trash, household trash or rubbish. Nothing herein contained shall prevent the owner or occupant, manager or person responsible for said premises to remove accumulations of horticultural trash, household trash or rubbish or industrial waste, himself, to a proper place of disposal. In the event that removal of excess accumulations are arranged with the Collector, the rate charged by the Collector shall be negotiated and shall be paid in advance as may be required by the Collector. OR NO SECTION 673.07. Unlawful disposal: It shall be unlawful to deposit or dispose of garbage, horticultural trash, household trash, rubbish or industrial waste upon the premises of another, or upon any street, alley, parkway or other public property, or any canal, ditch, water, waterway, river, ocean, sandbed, pool, pond or the like, within the City, or in the receptacle of another, except that tenants of multiple dwellings or businesses, where authorized, may deposit such accumulations in receptacles upon which the owner or manager of said multiple dwelling, apartment, or business building has authorized for the use of the tenants by the owner or manager thereof. OR NO 5 SECTION 673.08. Transfer of garbage or trash over public streets: Unless a person shall have been specifically authorized and licensed by resolution of the governing body to do so, it shall be unlawful for any person to transport garbage, horticultural trash, household trash, rubbish or industrial waste through or over the public streets or alleys of the City, except as otherwise provided in Section 673.06 hereof. This provision shall be literally construed to protect the public health, safety and general welfare. ORD SECTION 673.09. Complaint procedure: The Collector is obligated to promptly respond to all complaints concerning the quality or absence of collection service. All complaints with regard to refuse and trash collection service directed by this chapter shall be made to the City, and subsequently directed to the Collector by the City Manager. ORD SECTION 673.10. Penalties; Any person who fails to comply with this ordinance, or who violates the same, or who creates or maintains garbage, gar-den-and-yard-trash, household trash or rubbish, shall be considered as having violated this ordinance, and upon conviction in a court of competent jurisdiction, shall be punished by a fine not to exceed $250.00 or imprison- ment not to exceed ten (10) days, or by both such fine and imprisonment. ORD SECTION 673.11. (a) Schedule of fees: The owner of any residence or commercial building-within the City of Cape Canaveral, Florida, shall pay the following fee as provided for in Section 673.02 hereof: 1. Single Family Residences and Duplex living units at $3. 85 per living unit per month. 2. Mobile Home Units at $2.60 per living unit per month. 3. Individual Apartments or Condominium Units at $2.60 per living unit per month. 4. Individual commercial business accounts with individual containers at $4. 70 per month not to exceed 3 industrial containers per pick up. 5. Commercial businesses, Apartment Complexes and Condominiums using industrial containers at $11.65 per container yard per month. 6 6. Special Collection Services at $1.65 per container yard per pickup. 7. Items requiring special handling due to size, weight, type of material or method of placement at a price to be negotiated between the collector and customer prior to collection. 8. Rates for services not provided for in this chapter shall be determined by the City Manager, based on rates provided herein for similar types of services. 9. A 25 cent billing charge shall be added to each bill sent by the City. The above initial schedule of fees is subject to revision from time to time as may be necessary, and all subsequent revisions shall be by resolution of the City Council of the City of Cape Canaveral. (b) Failure of users to pay for fees in the preceding subset on within thirty (30) days of the billing date shall be a violation of this_ordinance. Thi addition, the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable attorney's fee and costs, if such civil action is necessary. (c) All fees becoming due and payable on or after the effective date of this chapter shall constitute and are hereby imposed as a special assess- ment lien against the real property and personal property aforesaid, and until fully paid and discharged, shall remain liens equal in dignity with the City's ad valorem axes, and superior in rank and dignity to all liens, encumbrances, titles and claims in, to or against the real property involved. Such fees shall become delinquent if not fully paid within thirty (30) days after the due date. All delinquent service charges shall bear a penalty as follows: Single family, duplex and triplex - $1.00 per month from due date; All other residential - $1. 00 per month from due date; Commercial - $5.00 per month from due date. Unpaid delinquent service charges, together with all penalties imposed thereon shall remain and constitute special assessment liens against the real and personal properties involved. Such special assessment liens for garbage fees and penalties shall be enforced by any of the methods provided in Chapter 86, Florida Statutes, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173, Florida Statutes, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. (d) In addition to the collection procedure and foreclosure procedure established in the preceding subsections, the City Manager is hereby empowered to discontinue water and/or sewer service to the owner of any residence, commercial building or establishment who fails to pay the monthly garbage charge as provided for in this subsection. (e) Each condominium association within the City of Cape Canaveral will be responsible for the monthly condominium garbage fee provided herein. ORD 7 SECTION 673.12: Authority of City to collect: Nothing contained in this chapter shall be construed to prevent the City from creating or acting as its own garbage and/or trash collection or disposal service or facility, either independently, exclusively or in conjunction with others. ORD SECTION 673.13: Legislative intent: If this chapter or any section hereof, or any sentence, phrase or word be declared illegal or unlawful by a court of competent jurisdiction, it is the intent that such illegal word, phrase, sentence or section shall not affect the legality of the remainder of this chapter. SECTION 14: Ordinances in conflict herewith are hereby repealed. Ordinance No. 5-74 and all amendments thereto, and any other ordinance or resolution in conflict with this ordinance are hereby repealed. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 1978. [no signature] Mayor Attest: [no signature] City Clerk Approved as to form: [signature] City Attorney 056 CHAPTER 673 ORDINANCE NO. 5 -74 AN ORDINANCE RELATING TO GARBAGE AND TRASH. COLLECTION, REQUIRING GARBAGE RECEPTACLES, PRESCRIBING LOCATION AND CONDITION OF SAID GARBAGE RECEPTACLES, ESTABLISHING REGULATIONS FOR PICK-UP AND FOR REMOVAL OF GARBAGE AND TRASH; PROVIDING PENALTIES FOR VIOLATION; PROVIDING, AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 673.01. Definition: For the purpose of this Chapter, the following words and terms shall have the following meanings: (A) Collector shall mean the person or persons, firm or corporation who, by franchise, license or agreement, has been authorized by the City of Cape Canaveral, to provide collection of garbage and trash within the City of Cape Canaveral. (B) Garbage shall mean all solid, semi-solid kitchen refuse, subject to decay or putrefaction and all refuse of animal, fruit or vegetable matter which was intended to be used as food and by-products of the preparation and packaging of such food. (C) Garden and yard trash shall mean accumulations of grass, palm fronds, leaves, branches, shrubs, vines and other similar items generated by the maintenance of lawns, shrubs, gardens and trees. (D) Household trash shall mean accumulations of waste material from the operation of a home, which is not included in the definition of "Garbage." Household trash shall include all appliances, furniture, yard toys and similar discarded personal and household articles. (E) Rubbish shall mean all waste material which is not garbage, garden or yard trash or household trash, but not including industrial wastes, building materials or land clearing waste. (F) Industrial waste shall mean any and all debris and waste products generated by canning, industry, manufacturing, food processing (except restaurants), land clearing, building construction or alterations, metals, mineral matter, stones, cement, concrete derivatives and waste products generated by public works type construction projects whether performed by a governmental unit or by contract and also including waste petroleum products and other chemicals. (g) Residential unit shall mean any structure or shelter or any part thereof used or constructed for use as a residence of one or two families. (h) Multiple dwelling unit shall mean any building containing more than two permanent living units, but not including motels. (g) Commercial establishment shall mean any building or usage not included under residential unit or multiple dwelling unit definitions as set forth herein. (h) Garbage receptacle shall mean a galvanized iron or other standard can or receptacle and a cover to fit said receptacle or can, of not less than 10 nor more than 32 gallon capacity, said receptacle to have 2 handles upon the sides thereof, or a suitable bail by which it may be readily lifted for the purpose of easily emptying same by the Collector and the cover of which shall be tight fitting and kept in place on the receptacle or can at all times. (i) Mechanical containers shall mean that type or make suitable for dumping by the Collector. Such mechanical containers as allowed to be used by the City shall be located as may be determined by the Collector and the City Manager, and shall be used only to service multiple dwellings and commercial establishments. (Ord. No. 5-74, 1, 19 Mar 74) SECTION 673.02. Garbage receptacles to be provided : All owners, residents and all occupants of any residential unit and the owner, user, manager or occupants of any multiple dwelling unit, or of any place or business or commercial establishment within the City of Cape Canaveral. are hereby required to provide a garbage receptacle or receptacles of sufficient capacity to hold at least 4 days accumulation of garbage. More- over, it shall be the duty of the owner, manager, tenant or occupant of any multiple dwelling unit to furnish or see that each unit with cooking facilities of said multiple dwelling is furnished or supplied with a garbage receptacle or receptacles adequate and sufficient in size to comply with the terms of this Ordinance. All said garbage receptacles shall be kept tightly covered at all times, except when it is necessary to lift the cover for disposal or removal of garbage, or to deposit garbage therein. It shall be unlawful for any person to deposit garbage in such amounts in the receptacle or receptacles that will not permit the cover of said receptacle or receptacles to/be kept tightly in place. (Ord ORDINANCE 5-74 PAGE 2 OF 6 SECTION 673.03. Places and conditions of garbage pick-up: (A) Residential garbage. All garbage receptacles shall be located so that they are easily accessible by the Collector and shall not weigh more than 40 lbs. No collection of garbage will be made by the Collector within any fenced-in yard or closed enclosure. It shall be the responsibility of all owners and residents and all occupants of single or multiple family dwelling units with such fenced-in yards or enclosed areas to place the garbage receptacles in an area which is easily accessible to the Collector on collection days. (B) Residential trash or rubbish collections. Garden and yard trash, household trash and rubbish collections will be made at the front property line adjacent to the street. Accumulations of garden and yard trash shall be so arranged by the owner, resident or occupant of any residential dwelling so that said accumulation shall not exceed 5 feet in height, 5 feet in width and 5 feet in length, and shall not include branches which are more than 3 inches in diameter or 5 feet in length. Accumulations in excess of these limitations will be collected as otherwise provided in this Ordinance. Collector shall be required to pick up no more than one large piece of furniture or appliance per residential dwelling unit at any regular pick-up. Where a mechanical container is available, such items will be placed in the container. Accumulations in excess of this requirement shall be collected as otherwise provided in this Ordinance. (C) Location of garbage receptacles. Garbage receptacles shall not be located in such places or under such conditions as to cause un- necessary or unreasonable offense to sightliness, cleanliness, safety or other sanitary conditions. They shall not be kept upon neighboring property, not in the ownership or tenancy of the person by whom the garbage was accumulated, whether such neighboring property be vacant or improved without the written consent of the person having the right to possession and use of the property. No garbage receptacle or mechanical container shall be placed on any City right-of-way, except for immediate pick-up. The City Manager may make an exception to location of a mechanical container or garbage receptacle on any City right-of-way, in writing. Mechanical containers shall not be placed in such manner as to hinder the closing of container lids. (Ord SECTION 673.04. Garbage receptacles inspection and condemnation: All garbage receptacles shall be subject to an inspection and approval or con- demnation by the Building Official at all times. The Building Official shall have the right to require painting, repairs or replacement of receptacles. Upon condemantion by the Building Official of any garbage receptacle, a notice of such condemnation shall be placed upon the condemned receptacle or handed to the owner or occupant, or left at his regular place of abode. It shall be unlawful for any person to place garbage or other material in such condemned receptacle and the owner or occupant of said premises shall provide a new receptacle to replace the condemned receptacle. (ORD ORDINANCE 5-74 PAGE 3 OF 6 SECTION 673.05. Garbage receptacles to be emptied periodically: All garbage receptacles shall be emptied twice each week in the residential districts of the City, in accordance with the schedule agreed upon by the City and the Collector. Pick-ups for commercial establishments shall be made as required. (Ord SECTION 673.06. Burning or burying of garbage, yard and garden trash, household trash and rubbish: It shall be unlawful for any person to bury garbage, yard and garden trash, household trash or rubbish which is or is reasonably likely to become a nuisance or menace or threat to the health within the City. No such garbage, yard or garden trash, household trash or rubbish shall be burned within the corporate limits of the City of Cape Canaveral, unless approval has first been obtained from the City Manager. (Ord SECTION 673.07. Proper disposal of garbage as a prerequisite to collection: No removal or collection of garbage shall be required by the Collector from any premises within the City, unless the garbage is deposited in a proper receptacle as herein defined, and the owner or occupant of person responsible for using said premises shall be prosecuted for non- compliance. (Ord SECTION 673.08. Unlawful accumulation: It shall further be unlawful and a violation of this Ordinance for the owner or occupant or manager or person responsible for any land or premises to permit, suffer, allow, either by commission or omission any accumulation of garbage, garden and yard trash, household trash or rubbish, or industrial waste, upon premises or property within the City of Cape Canaveral for a period longer than 4 days without having arranged for disposal of said accumulation by the Collector to perform such services and it shall be unlawful and a violation of this Chapter for any person, whether owner, manager or occupant of any premises, to fail to provide a sufficient number of containers or receptacles per unit as provided herein, to amply provide for any 4 day period of garbage, garden or yard ORDINANCE 5-74 PAGE 4 OF 6 trash, household trash or rubbish. Nothing herein contained shall prevent the.owner or occupant, manager or person responsible for said premises to remove accumulations of garden or yard trash, household trash or rubbish or industrial waste, himself, to a proper place of disposal. In the event that removal of excess accumulations are arranged with the Collector, the rate charged by the Collector shall be negotiate .and shall be paid in ad- vance as may be required by the Collector. (Ord) SECTION 673.09. Unlawful disposal: It shall be unlawful to deposit or dispose of garbage, garden and yard trash, household trash, rubbish or industrial waste upon the premises of another, or upon any street, alley, parkway or other public property, or on any canal, ditch, water, water- way, river, ocean, sandbed, pool, pond or the like, within the City or in the receptacle of another, except that tenants of multiple dwellings or businesses, where authorized, may deposit such accumulations in recep- tacles upon which the owner or manager of said multiple dwelling, apart- ment, or business building and which have been authorized for the use of the tenants, by the owner or manager thereof. Ord SECTION 673.10. Transfer of garbage or trash over public streets: Unless a person shall have been specifically authorized and licensed by resolution of the governing body to do so, it shall be unlawful for any person to transport garbage, garden or yard trash, household trash, rubbish or industrial waste through or over the public streets or alleys of the City, except as otherwise provided in Section 8 hereof, and except for the purpose of having same picked up by the Collector or other persons authorized by the City to pick up and dispose of same. This provision shall be literally construed to protect the public health, safety and general welfare. Ord SECTION 673.11. Penaltres: Any person who fails to comply with the provisions of this Chapter or who violates the same, or who creates or maintains garbage, garden and yard trash, household trash or rubbish, shall be ORDINANCE 5-74 PAGE 5 OF 6 upon conviction in a court of competent jurisdiction, be punished by a fine not to exceed $100. 00 or imprison- ment not to exceed 10 days, or by both such fine and imprisonment. SECTION 673.12. Authority of City to collect: Nothing contained in this Chapter shall be construed to prevent the City from creating or acting as its own garbage and/or trash collection or disposal service or facility, either independantly, exclusively or in conjunction with others. i SECTION 673.13. Legislative intent: If this Chapter or any Section thereof, or any sentence, phrase or word be declared illegal or unlawful by a court of competent jurisdiction, it is the intent that such illegal word. phrase, sentence or Section shall not affect the legality of the remainder of this Chapter: SECTION 673.14. Ordinances in conflict herewith repealed: Ordinance No. 4-66 and all amendments thereto, and any other ordinance, or resolution in conflict with this Ordinance are hereby repealed. [signature] Mayor Attest: [signature] City Clerk Approved as to form: [signature & seal] City Attorney NAME YES NO ABS MACLAY YES RHAME YES RUTOWSKI [didn't vote] SALVAGGIO YES THURM YES First Reading: 2/19/74 Posted: 2/20/74 Second Reading: 3/19/74 Advertised: 2/25/74 ORDINANCE 5-74 PAGE 6 OF 6