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HomeMy WebLinkAboutOrdinance No. 08-1993ORDINANCE NO. 08 -93 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA REPEALING AND RE- ENACTING CHAPTER 673, GARBAGE AND TRASH REMOVAL; RENAMING CHAPTER 673, SOLID WASTE REMOVAL; PROVIDING DEFINITIONS; REQUIRING CONTAINERS TO BE PROVIDED; PRESCRIBING RESIDENTIAL SOLID WASTE PICKUP CONDITIONS; REQUIRING PROPER DISPOSAL OF SOLID WASTE AS A PREREQUISITE TO COLLECTION; PRESCRIBING UNLAWFUL ACTS; PROHIBITING TRANSFER OF SOLID WASTE OVER PUBLIC STREETS; PRESCRIBING A COMPLAINT PROCEDURE; MAKING SOLID WASTE PROPERTY OF THE CITY; SETTING A PROCEDURE FOR A SCHEDULE OF FEES; PERMITTING THE CITY TO COLLECT SOLID WASTE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA THAT: Section 1. Chapter 673 of the Code of Ordinances of the City of Cape Canaveral is repealed, renamed and re- enacted as follows: CHAPTER 673 SOLID WASTE REMOVAL Sec. 673.01 Definitions.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 containers as defined herein, and containers provided by any customer of the City solid waste removal service and acceptable to the City. B. Bulk container shall mean a fifty -five (55) gallon drum supplied by the City for temporary storage of solid waste 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. Collector shall mean any person or entity authorized by the City to collect and remove solid waste. E. Commercial shall mean and include all retail, professional and wholesale facilities, but shall not include, industrial facilities. F. Containerized business shall mean and include any business, multi- family dwelling or other structure whose solid waste is deposited in an approved container for removal by the Collector. G. Duplex shall mean and include a detached two- family dwelling designed or intended for occupancy by two (2) families. H. Yard waste shall mean solid waste which is an accumulation of lawn, grass or shrubbery cuttings or clippings and dry leaf rakings, palm fronds, small tree branches (not to exceed four (4) feet in length and fifty (50) pounds in weight), bushes or shrubs, green leaf cuttings, coconuts, fruits or other matter usually created in the care of lawns and yards or in land - clearing operations. City of Cape Canaveral, Florida Ordinance No. 08 -93 Page 2 I. Hazardous Materials shall mean solid wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics. J. Individual container shall mean an individual twenty (20) or thirty (30) gallon container for temporary storage of solid waste. K. Industrial shall mean establishments generating solid 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. Multiple 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. Recyclable material means aluminum and beverage (soda and beer only) cans, newspapers, glass jars and bottles (from food products only) and plastic beverage bottles. O. 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. P. Solid waste shall mean and include garbage, refuse, yard trash, clean debris, white goods, special waste, ashes, sludge, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Q. Special Container shall mean any container provided by the City to segregate and collect any type of solid waste. R. Special material shall mean those bulky materials or other special solid wastes that are not stored in approved containers and are not routinely generated in residential areas. S. Triplex shall mean and include a detached three (3) family dwelling designed or intended for occupancy by three (3) families. Sec. 673.02 Containers 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 of Cape Canaveral are hereby required to provide at least one (1) container to hold four (4) days accumulation of solid waste. Sunken containers are specifically prohibited. B. In lieu of individual containers, an industrial container or containers may be used as provided herein. 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 City of Cape Canaveral, Florida Ordinance No. 08 -93 Page 3 provided an industrial container at the discretion of the City Manager. All commercial establishments, establishments other than professional offices or other offices, shall be required to have industrial 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 an individual container or containers or industrial container or containers adequate and sufficient in size to comply with the terms of this Chapter. All such solid waste containers shall be kept tightly covered at all times except when it is necessary to lift the cover for disposal or removal of solid waste or to deposit solid waste therein. It shall be unlawful for any person to deposit solid waste in such amount in the individual containers or industrial containers that will not permit the cover thereof to be kept tightly in place. Sec. 673.03 Residential Solid Waste Pickup Conditions. A. Separation of Solid Waste. Each owner, resident and occupant of any residential unit shall not place any yard waste or recyclable material in any individual container. Each individual container shall contain solid waste, excluding yard waste and recyclable materials, which shall be wrapped or inserted into individual containers in a plastic or paper bag before being inserted into individual containers. B. Recyclable Material. Recyclable materials shall be placed in special containers provided by the City. Only recyclable materials may be contained in the special containers. Special containers shall be provided for each single - family residence, duplex and triplex and shall be placed by each owner, resident or occupant at curbside in front of such residential unit. Multiple dwelling units shall be provided special containers for use by all occupants of such unit which shall be located at the discretion of the City Manager. No solid waste, other than recyclable materials, shall be placed in a special container. Recyclable items made of glass shall not be placed in special containers in a broken condition and shall not be broken in special containers. C. Yard waste. Yard waste must be placed in a reusable container which shall not include any paper or plastic bag. Yard waste shall not be commingled with any other solid waste or recyclable material. Limbs shall not exceed four (4) feet in length and shall not weigh in excess of fifty (50) pounds. Limbs should be stacked in a uniform direction. Containers for yard waste shall be provided by the owner, resident, or occupant of any residential unit. No other solid waste, including recyclable materials, shall be commingled with yard waste. D. Solid Waste. Solid waste other than yard waste and recyclable materials shall be placed in individual containers. Each individual container shall not exceed fifty (50) pounds of solid waste. Any item of solid waste shall not exceed the measurement of four (4) feet in any direction. Containers for solid waste shall be provided by the owner, resident, or occupant of any residential unit. Recyclable materials and yard waste shall not be commingled with other solid waste. City of Cape Canaveral, Florida Ordinance No. 08 -93 Page 4 E. Pick -up. Each owner, resident and occupant of any single - family residence, duplex, or triplex shall place individual containers and special containers within five (5) feet of curbside in front of such residential unit. Solid waste shall be removed by the collector according to schedules that the City from time to time shall publish. F. Location of Solid Waste Containers. Solid waste containers 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. Solid waste containers shall not be kept upon neighboring property, whether such neighboring property be vacant or improved, without the written consent of the person having the right to possession and use of the neighboring property. No solid waste container shall be placed on any City right -of- way, except for immediate pickup, unless authorized in writing by the City Manager in advance. Industrial containers shall not be placed in such manner as to hinder the closing of container lids. Sec. 673.04 Proper Disposal of Solid Waste Prerequisite to Collection. No removal or collection of solid waste shall be required by the collector from any premises within the City, unless the solid waste is deposited in proper containers as herein defined, and the owner, resident or occupant of said premises shall be prosecuted for non- compliance. Sec. 673.05 Unlawful Acts. A. 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. B. Container of Another. It shall be unlawful for a person to place solid waste in a container assigned to another address, without written permission of the owner. C. Burning or Burying of Solid Waste. It shall be unlawful for any person to bury solid waste within the City. No such solid waste shall be burned within the corporate limits of the City of Cape Canaveral. D. Unlawful Accumulation. It shall be unlawful for the owner, resident occupant or manager or person responsible for any land or premises to permit, suffer, allow, either by commission or omission any accumulation of solid 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, resident, manager or occupant of any premises to fail to provide a sufficient number of solid waste containers per unit as provided herein to amply provide for any four (4) day period of solid waste accumulation. Nothing herein contained shall prevent the owner or occupant, resident, manager or person responsible for said premises to remove accumulations of solid waste, himself, to a proper place of disposal. E. Unlawful Disposal. It shall be unlawful to deposit or dispose of solid 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 container of City of Cape Canaveral, Florida Ordinance No. 08 -93 Page 5 another, except that tenants of multiple dwellings or businesses, where authorized, may deposit such accumulations in containers upon which the owner or manager of said multiple dwelling or business building has authorized for the use of the tenants thereof. F. Hazardous Materials. It shall be unlawful for any person to deposit or dispose of any hazardous materials in individual or industrial containers from which the collector removes solid wastes for the City. Sec. 673.06 Transfer Solid Waste Over Public Streets. Unless a person shall have been specifically authorized and licensed by resolution of the City Council to do so, it shall be unlawful for any person to transport solid waste through or over the public streets or alleys of the City, except as otherwise provided in Section 673.04.D. hereof. This provision shall be liberally construed to protect the public health, safety and general welfare of the inhabitants of the City. Sec. 673.07 Complaint Procedure. The collector is obligated to promptly respond to all complaints concerning the quality of 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. Sec. 673.09 Solid Waste to be Property of City. Ownership of solid waste set out for collection shall be vested in the City. It shall be unlawful for any person other than the authorized collector to disturb, scatter, spread out, or remove any solid waste 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. Sec. 673.10 Penalties. Any person who violates any provision of this Chapter 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. Sec. 673.11 Schedule of Fees. A. Owners of any residential unit 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 Resolution. B. Failure of users to pay fees within thirty (3 0) 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 served by the City solid waste collection service, 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 City of Cape Canaveral, Florida Ordinance No. 08 -93 Page 6 due date. All delinquent service charges shall bear a late charge of ten percent (10 %) of such fees due. Unpaid delinquent service charges, together with all late charges and fees imposed thereon shall remain and constitute special assessment liens against the real property involved. D. Each condominium association within the City of Cape Canaveral will be responsible for the monthly condominium solid waste fee provided herein. Sec. 673.13 Authority of City to Collect. Nothing contained in this Chapter shall be construed to prevent the City from creating or acting as its own solid waste collection or disposal service or facility, either independently, exclusively or in conjunction with others. Section 2. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. Section 3. Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. Section 4. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA THIS 20th DAY OF April , 1993. Approved as to Forms Johp'R. Kancilia, CITY ATTORNEY Salamone, MAYOR First Reading 4/6/93 Posted: 4/7/93 Advertised: 4/10/93 Sec eading: 4/20/93 Q Tr, 111 ND