HomeMy WebLinkAboutcocc_ordinance_no_31-2021_202106151 ORDINANCE NO. 31-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA; AMENDING CHAPTER 62 — SOLID WASTE,
5 REGULATING THE COLLECTION AND DISPOSAL OF SOLID WASTE
6 AND CONSTRUCTION AND DEMOLITION DEBRIS WITHIN THE
7 JURISDICTIONAL LIMITS OF THE CITY OF CAPE CANAVERAL;
8 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
9 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
10 CODE, SEVERABILITY AND AN EFFECTIVE DATE.
11
12 WHEREAS, this Ordinance is adopted pursuant to the powers and authority granted to
13 municipalities by the Florida Legislature under Chapters 166, 180, and 403, Florida Statutes, which
14 powers and authority have been traditionally recognized by the courts; and
15
16 WHEREAS, solid waste collection and disposal is a traditional municipal function under
17 Florida law, Bennett Electric Co. v. Village of Miami Shores. 11 F. Supp. 2d 1348 (S.D. Fla. 1998),
18 and a city may require that it be the sole and exclusive provider of garbage service within its
19 jurisdiction. United Sanitation Services of Hillsborough, Inc. v. City of Tampa, 302 So. 2d 435 (Fla.
20 2d DCA 1974); and
21
22 WHEREAS, the City Council desires to emphasize that the City has the exclusive right to
23 regulate solid waste collection and disposal within the jurisdictional limits of the City in accordance
24 with law; and
25
26 WHEREAS, Chapter 62 of the Cape Canaveral Code, and the existing exclusive Solid Waste
27 Franchise Agreement approved in furtherance therewith by and between the City and Waste Pro
28 of Florida, Inc., dated October 21, 2014, as renewed in 2019, provides that all property owners
29 shall be required to utilize the solid waste services provided by the City in accordance with any
30 the franchise and in accordance with other applicable law; and
31
32 WHEREAS, the City Council finds that the intrusion of any person, private or governmental
33 entity or organization into the field of solid waste collection and disposal in violation of the City
34 Code or any applicable City's franchise ordinance is a substantial threat to the public health, safety
35 and welfare of the City and its residents and property owners and the legitimate governmental
36 interest of the City to exclusively provide for the efficient and proper methods of collecting and
37 disposing of solid waste within the jurisdictional boundaries of the City of Cape Canaveral. See
38 Pahokee Housing Authority. Inc. v. South Florida Sanitation Company, 478 So. 2d 1107 (Fla. 4th
39 DCA 1985) (rejecting housing authority's claim that state law exempted housing authority from
40 county's exclusive solid waste franchise); United Sanitation Services of Hillsborough. Inc. v. City of
41 Tampa, 302 So. 2d 435 (Fla. 2d DCA 1974) (garbage enterprise may not only be regulated but also
42 exclusively performed as an essential part of a public service by a municipality even if the exclusive
43 collection of garbage results in the complete preclusion of other such collections); West Coast
City of Cape Canaveral
Ordinance No. 31-2021
Page 1 of 7
1 Disposal Service, Inc. v. Smith, 143 So. 2d 352 (Fla. 2d DCA 1962); and
2
3 WHEREAS, the City Council declares that it is the City's intention to continue to exercise
4 its authority to regulate the collection and disposal of solid waste within the City and to honor
5 any franchise ordinance and agreement which is awarded by the City; and
6
7 WHEREAS, the City Council desires to amend Chapter 62 of the City Code to strengthen
8 compliance with such intention; and
9
10 WHEREAS, the City Council also desires throughout Chapter 62 to clarify the use of the
11 terms "solid waste" and "construction and demolition debris" given their respective definitions
12 and different meanings, and the term "solid waste" only includes bulk trash, refuse, vegetative
13 waste and recyclable materials or any combination thereof; and
14
15 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
16 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
17 Cape Canaveral.
18
19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
20 ORDAINS, AS FOLLOWS:
21 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
22 this reference as legislative findings and the intent and purpose of the City Council of the City of
23 Cape Canaveral.
24
25 Section 2. Amending Chapter 62 of the City Code. The City of Cape Canaveral
26 Code of Ordinances, Chapter 62, is hereby amended as set forth below (underlined type indicates
27 additions and seeut type indicates deletions, while *** indicate deletions from this Ordinance
28 of said applicable Division that shall remain unchanged in the City Code):
29
30
31 CHAPTER 62 — SOLID WASTE
32
33 Sec. 62-1. - Definitions.
34
35 The following words, terms and phrases, when used in this chapter, shall have the
36 meanings ascribed to them in this section, except where the context clearly indicates a different
37 meaning:
38
39 Approved container means mechanical, roll -off, refuse. recvclina and such other recycling
40 containers provided by the collector and acceptable to the city.
41
42 ***
City of Cape Canaveral
Ordinance No. 31-2021
Page 2 of 7
1 Collector means any person or entity authorized by license or franchise aranted bv the city
2 to collect and remove solid waste; construction and demolition debris or such other waste
3 reaulated bv the City.
4
5 Sec. 62-2. Procedures for violation Reserved.
6
7 Violations of thic c1U-ptcr may be enforced by the code enforcement citation system
8 purer ant Chcpter 2, ,Article VI, Division 3 of this Code.
9
10 Sec. 62-3. Authority of city to collect.
11
12 Unless preempted bv law, nislothing contained in this chapter shall be construed to prevent
13 the city from creating or acting as its own solid waste, construction and demolition debris or other
14 waste collection or disposal service or facility, either independently, exclusively or in conjunction
15 with others.
16
17 ***
18 Sec. 62-5. Schedule of fees.
19
20 (a) Owners of any residential unit or commercial building within the city receivina
21 collection and disposal services regulated bv this chapter shall be reauired to pay solid waste
22 applicable fees as established by the city council pursuant to this chapter. The schedule of fees is
23 contained in appendix B to this Code and is subject to revision from time to time as may be
24 necessary.
25
26 (b) Failure of users to pay fees within 30 days of the billing date shall be a violation of
27 this chapter. In addition, the city shall have the right to seek enforcement and collection of the
28 overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable
29 attorney's fee and costs, if such civil action is necessary.
30
31 (c) All fees becoming due and payable on or after the effective date of the ordinance
32 from which this chapter is derived shall constitute and are imposed as a special assessment lien
33 against the real property served by the city solid waste collection service, and until fully paid and
34 discharged shall remain liens equal in dignity with the city's ad valorem taxes, and superior in rank
35 and dignity to all liens, encumbrances, titles and claims in, to or against the real property involved.
36 Such fees shall become delinquent if not fully paid within 30 days after the due date. All delinquent
37 service charges shall bear a late charge of ten percent of such fees due. Unpaid delinquent service
38 charges, together with all late charges and fees imposed thereon, shall remain and constitute
39 special assessment liens against the real property involved.
40
41 (d) Each condominium association within the city will be responsible for the monthly
42 condominium solid waste fee provided for in this chapter.
43
City of Cape Canaveral
Ordinance No. 31-2021
Page 3 of 7
1 Sec. 62-6. Complaint procedure.
2
3 The collector of solid waste, construction and demolition debris or such other waste
4 covered by this chapter is obligated to promptly respond to all complaints concerning the quality
5 or absence of collection service. All complaints with regard to refuse and trath collection service
6 directed by this chapter shall be made to the city, and subsequently directed to the collector by
7 the city manager or the city manager's designee.
8
9 Sec. 62-7. Transporting.
10
11 (a) All solid waste. construction and demolition debris or such other waste accumulated
12 on real property within the City shall be collected. conveyed and disposed of by the City or its
13 designated agents, licensees, or franchisees pursuant to the terms and conditions adopted by the
14 City for the collection. conveyance and disposal of solid waste, construction and demolition debris
15 or such other waste in accordance with law.
16
17 (b) It shall be unlawful for anv person or entity to provide solid waste, construction and
18 demolition or such other waste collection and disposal services to real property located within the
19 jurisdictional limits of the City without havina first obtained a franchise or license from the City
20 unless preempted by law. The City shall have the riaht to impose a franchise or license fee for the
21 use of City ria_ hts-of-wav, roads, streets, and other public ways.
22
23 (c) It shall be unlawful for anv person or entity to provide solid waste, construction and
24 demolition debris or such other waste collection and disposal services to real property within the
25 jurisdictional limits of the City in violation of this chapter or any applicable solid waste franchise
26 or license aranted by the City.
27
28 (d) Unless a person shall have been specifically authorized and licenced by es3I -ton a#
29 the city council to do c3, it shall be unlawful for any person to transport solid wcctc. through or
30 evcr :ha public streets or alleys of the city, excQpt us othcrwi;e provided in section 62 11(d). This
31 nevi ion section shall be liberally construed to protect the public health, safety and general
32 welfare of the inhabitants of the city.
33
34 Sec. 62-8. Containers required.
35
36 (a) All owners, residents and all occupants of any residential unit and the owner, user,
37 manager or occupants of any multiple -dwelling unit, or of any place or business or commercial
38 establishment with[in] the city are required to provide at least one container to hold four days'
39 accumulation of solid waste. Sunken containers are specifically prohibited.
40
41 (b) A mechanical container or containers may be used as provided in this chapter. Such
42 container shall be provided by the collector and the city manager shall first determine whether or
43 not a mechanical container shall be provided to any owner, user, manager or occupant so
City of Cape Canaveral
Ordinance No. 31-2021
Page 4 of 7
1 requesting a mechanical container. Multiple -dwelling units containing less than ten units may be
2 provided a mechanical container at the discretion of the city manager. All commercial
3 establishments (establishments other than professional offices or other offices) shall be required
4 to have mechanical containers at the discretion of the city manager. Properties receiving
5 residential services shall not be permitted to use mechanical containers.
6
7 (c) It shall be the duty of the owner, manager, tenant or occupant of any multiple -
8 dwelling unit to furnish or see that each unit with cooking facilities of said multiple dwelling is
9 furnished or supplied with an individual refuse container or containers or mechanical container or
10 containers adequate and sufficient in size to comply with the terms of this chapter. All such solid
11 waste containers shall be kept tightly covered at all times except when it is necessary to lift the
12 cover for disposal or removal of solid waste or to deposit solid waste therein. It shall be unlawful
13 for any person to deposit solid waste in such amount in the individual refuse containers or
14 mechanical containers that will not permit the cover thereof to be kept tightly in place.
15
16 (d) Construction and demolition debris shall be collected and disposed of using roll -
17 off containers or such other containers approved bv the City. Construction and demolition debris
18 services shall be provided bv collectors who have been aranted a license or franchise bv the City.
19
20 ***
21
22 Sec. 62-11. Unlawful acts.
23
24 (a) Obstruction. It shall be unlawful for any person to park a motor vehicle in such a
25 way that the collector cannot service mechanical or roll -off containers or otherwise to block access
26 to such containers.
27
28 (b) Container of another. It shall be unlawful for a person to place solid waste,
29 construction and demolition debris or anv other waste in a container assigned to another address,
30 without written permission of the owner.
31
32 (c) Burning or burying of solid waste. It shall be unlawful for any person to bury solid
33 waste, construction and demolition debris or anv other waste within the city. No such selid waste
34 shall be burned within the corporate limits of the city.
35
36 (d) Unlawful accumulation. It shall be unlawful for the owner, resident, occupant or
37 manager or person responsible for any land or premises to permit, suffer or allow, either by
38 commission or omission, any accumulation of solid waste upon premises or property within the
39 city for a period longer than four days without having arranged for disposal of the accumulation
40 by the collector to perform such services and it shall be unlawful and a violation of this chapter
41 for any person, whether owner, resident, manager or occupant of any premises to fail to provide
42 a sufficient number of solid waste containers per unit as provided in this chapter to amply provide
43 for any four-day period of solid waste accumulation. Nothing contained in this section shall
City of Cape Canaveral
Ordinance No. 31-2021
Page 5of7
1 prevent the owner or occupant, resident, manager or person responsible for the premises to
2 remove accumulations of solid waste on their own behalf, to a proper place of disposal.
3
4 (e) Unlawful disposal. It shall be unlawful to dump, deposit or dispose of solid waste,
5 construction and demolition debris or anv other waste upon the premises of another, or upon any
6 street, alley, parkway or other public property, or any canal, ditch, water, waterway, river, ocean,
7 beach, pool, pond or the like within the city or in the container of another, except that tenants of
8 multiple dwellings or businesses, where authorized, may deposit such accumulations in containers
9 which the owner or manager of the multiple dwelling or business building has authorized for the
10 use of the tenants thereof.
11
12 (f) Hazardous waste. It shall be unlawful for any person to dump, deposit or dispose
13 of any hazardous waste in or around public/private refuse or mechanical containers from which
14 the collector removes solid wastes for the city.
15
16 (a) Construction and demolition debris. The contractor and owner of anv active or
17 inactive construction proiect shall be responsible for the clean-up and removal of
18 all construction and demolition debris or anv other miscellaneous discarded articles during the
19 entire duration of the construction proiect and prior to receivina final inspection
20 approval. Construction and demolition debris must be collected and stored in roll -off or other
21 City approved containers and such containers must be reaularlv serviced by the collector when
22 the container is full in order to avoid overflow of construction and demolition debris.
23
24 ***
25 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
26 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
27 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
28
29 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
30 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
31 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
32 and like errors may be corrected and additions, alterations, and omissions, not affecting the
33 construction or meaning of this ordinance and the City Code may be freely made.
34
35 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
36 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
37 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
38 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
39 the validity of the remaining portions of this Ordinance.
40
41 Section 6. Effective Date. This Ordinance shall become effective immediately upon
42 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
43 Charter.
City of Cape Canaveral
Ordinance No. 31-2021
Page 6 of 7
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of June,
2 2021.
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9 ATTEST: ii .c-
10
—
12
13 Mia Goforth, CMC
14 City Clerk
15
16
17
18
19
20
21
22 First Reading: April 20, 2021
23 Advertisement: June 3, 2021
24 Second Reading: June 15, 2021
25
26
27
28 Approv d as to egal form and sufficiency
29 for tl Ci •Ca Canaveral only by:
30
31
32 Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
For
Mike Brown x
Robert Hoog
Mickie Kellum x
Wes Morrison Motion
Angela Raymond Second
City of Cape Canaveral
Ordinance No. 31-2021
Page 7of7
Against