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HomeMy WebLinkAboutOrdinance 99-70 ORDINANCE NO. 99- '":1-0 AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER FIFfEEN OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY SECTION 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH, TO INCLUDE A SECTION ENTITLED "DUMPSTER ENCLOSURE"; PROVIDING FOR SPECIFICATIONS, MATERIALS, AND LOCATION RELATIVE TO DUMPSTER ENCLOSURES; PROVIDING FOR RESIDENTIAL TRASH AND GARBAGE RECEPTACLE PICK UP AND REMOVAL PROVISIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR DEFERRED ENFORCEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach has adopted the Code of Miami-Dade County including Chapter 15 entitled "Solid Waste Management" as its own, which chapter does not include a section on Dumpster Enclosure; and WHEREAS, the City of Sunny Isles Beach deems it to be in the best interest of its citizens and residents to enhance the aesthetic appearance of the City by providing that dumpsters shall be enclosed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. DUMPSTER ENCLOSURE. (A) Dumpsters shall be maintained in an enclosure with the service and access gate(s) closed except when being serviced by a commercial refuse/garbage collector or when being used to access the dumpster. (B) Dumpster lids shall be kept closed at all times when the dumpster is not being used or serviced. (C) Garbage and trash shall be placed inside the dumpster and not on or around Page 1 of 6 Section 2. the dumpster or the enclosure. Loose garbage and trash in plain view is a violation of Code, a health hazard, and aesthetically undesirable. The property owner shall be responsible for keeping the enclosure and surrounding area litter, garbage, and trash free at all times. It shall be a violation of the Code of Ordinances to allow the dumpster to be filled to over capacity so that the dumpster lid is prevented from closing on top of the garbage bags. (D) Dumpster enclosures shall be kept in good repair at all times. (E) Location on site of a dumpster enclosure shall require the prior approval of the Director of Public Works and Building Official. DUMPSTER ENCLOSURE: SPECIFICATIONS. MATERIALS LOCATION. (A) Placement. A dumpster shall be kept in a place easily accessible to authorized collection vehicles at all times and no service shall be given to those placing or permitting objects, ground level or overhead obstructions, or vehicles, to hinder in any way whatsoever the servicing of bulk containers by authorized collection vehicles. Unless in a public right-of- way for purposes of collection only, all dumpsters shall be placed within an approved enclosure. It shall be unlawful for any person to place or store, or allow to be placed or stored, a dumpster upon or in any public street, alley or right-of-way; provided, however, that such container or receptacle may be placed in the public right-of-way during the collection/emptying process. (B) Dumpster space designation and enclosure requirement. All real property in a commercial, industrial or business zoning classification utilizing dumpsters shall provide an enclosure of a size that would permit the moving in or out of the dumpster without damage to the enclosure and shall be a minimum of twelve inches (12 It) above the dumpster. (C) Approved enclosure. All enclosures shall consist of masonry, concrete or wood walls; Enclosures shall have a gate for collection equipment access, and may also have a gate for pedestrian access. All walls and gates shall be totally opaque and shall be green or such other color that complies with Ordinance 98-47. Enclosures shall be constructed of one (1) of the following materials: Page 2 of 6 (1) Masonry walls. All exterior faces of the wall shall be finished and of professional quality such as stucco, pre-finished blocks, stacked block and struck joints, shadow blocks, painted or similarly installed in a workmanlike manner and meeting with the approval of the Director of Building, Planning and Zoning or his/her designee. (2) Concrete walls. Pre-cast concrete walls of quality deemed acceptable to the Director of Building, Planning and Zoning or his/her designee. (3) Wood fencing. Substantial wood fences of durable species, incorporating architectural design features to enhance appearance, of quality and design acceptable to the Director of Building, Planning and Zoning or his/her designee. In making this determination, consideration shall be given to: (a) the thickness of the wood which must be a minimum of one and one-half inches (1 1/2"), (b) whether the wood is pressure treated or has a fInish that protects the wood from the elements, and (c) minimum six inches by six inches (6" X 6") corner post and four inches by four inches (4" X 4") intermediate posts of pressure treated materials. (D) Maintenance. Approved enclosures shall be maintained in good condition, repair and appearance at all times so as to allow for collection of materials and to eliminate odors. (E) Gates. Dumpster enclosure Gates may be constructed of wood mounted on a substantial steel frame, chain link fence with opaque inserts, steel, aluminum or other opaque materials which are installed in compliance with the Building Code. Servicing gates, upon opening, may not swing into the right-of-way and shall incorporate gate stops that are functional in the full open and closed positions. Hinge assemblies shall be strong and durable such that access and servicing gates do not sag and function properly. All gates for pedestrian access shall be no more than forty-eight inches (48") in width and no less than thirty-six inches (36") in width. Enclosure gates shall be closed at all times except for the time necessary to service the bulk container. Maze style openings shall be permitted in place of a pedestrian access gate. A maze style opening is an opaque wall or fence that can be located no more than forty-eight inches (48") and no less than thirty-six inches (36") from the enclosure opening and must be a minimum length of one and one half (1 1/2) times in length of the opening and shall be centered upon the opening. Enclosure openings shall be no more than forty-eight inches (48") in width and no less than thirty-six inches (36") in width. Page 3 of 6 (F) Setback. 1) All dumpster enclosure walls and/or fences shall be located a minimum of five feet (5') from adjoining commercial areas and ten feet (10') from adjoining residential uses unless not physically possible; and 2) a minimum of five feet (5') from public and private rights of way unless not physically possible. (G) Garbage containers. All receptacles and bulk containers which receive garbage, liquid waster or food from food handling operations including, but not limited to, bakeries, meat processing plants, restaurants, or any business establishment where it is determined that garbage, liquid waste or food will be accumulated, shall have a poured to grade level concrete slab. If available, dumpster site shall have facilities for washing containers and ability to drain to an acceptable sanitary disposal system. If the aforementioned facilities are available, or can be reasonably installed, then the dumpster shall have washout plugs. For purposes of this ordinance, storm drains shall not be considered as an acceptable sanitary disposal system. If no suitable drain, grease trap or sanitary disposal system is available, the dumpster containers shall be sealed so that no liquid gets on the pad or ground. Dumpster collection shall be frequent enough so as to keep odors to a minimum. Odors shall also be kept at a minimum through artificial means such as masking agents or whatever products are available to handle odors. Containers shall be constructed in accordance with the provisions of the South Florida Building Code and must be approved by and meet the Florida Department of Health requirements. (H) All dumpsters and trash receptacles must comply with this ordinance except for the following: 1. Dumpsters/receptacles located in properly screened service yards. (Those screened from public ways with a minimum six feet (6') high fence and/or suitable dense landscaping, as approved by Code Enforcement Administrator). The dumpsters/receptacles must not be visible from the public's VIew. 2. Dumpsters/receptacles located at permitted construction sites. 3. Dumpsters/receptacles properly screened with suitable dense landscaping or not visible from the public right-of-way, Page 4 of 6 residential areas or the public's view. (I) Residential trash, trash and garbage receptacles may not be placed for curbside pickup more than 24 hours before pickup and all receptacles must be removed from the curbside within 24 hours after pickup. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any clause, section or other part of this ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall become effective as provided by law. Although enforcement will commence upon the effective date for all new sites, issuance of citations for existing sites shall be deferred for six months from the date of adoption in order for the City to have an opportunity to disseminate information to the general public regarding the requirements of this ordinance and further to enable construction of enclosures/structures required herein. PASSED AND ADOPTED on fIrst reading this 15th day April, 1999. ~ PASSED AND ADOPTED on second reading this ~day of May, 1999. Page 5 of 6 ) . . ~ " 1\ TTEST:. . ~>_r- ."- - ~ " .., "..".; 4 ", ~ .'~ ."1\ "/~o.i~~\l" ~ Richard'Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M. Dannheisser Attorney ::~:r~y: 't.~2~ Vote: 1.\ -0- \ Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow L(Yes) ~(Yes) V (Yes) (Yes) 2(Yes) _(No) _(No) _(No) _(No) I\fe.i\....j../ _(No) Page 6 of 6