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HomeMy WebLinkAboutOrdinance 2008-301 ORDINANCE NO. 2008-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING THE SOLID WASTE CODE; PROVIDING FOR RENEWAL OF THE APPLICATION AND INCREASE IN FRANCHISE FEES; EST ABLISHING FOR REQUIREMENT TO DISPLAY PERMIT ON FRANCHISE VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has a desire to protect the public safety and welfare and establish an organized and accountable waste collection method in City; and WHEREAS, the City Commission wishes to amend the solid waste code address certain issues relating to application renewal, and equipment identification. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hereof. Section 2. Amendment. Section 231 of the Solid Waste Code is amended to read as follows: ~ 231-3. Application for franchise. (E) The completed application shall be submitted to the City. Upon receipt of completed application, the City Manager or his designated representative shall review said application and, if satisfactory in all respects, and after payment of required application fee shall issue the franchise fee of $750.00 $1.500.00. Such application shall be renewed annually on or before October 1 st. ~ 231-7. Renewal of franchise. A franchise shall be required to be renewed no later than October 1 st of each year may be renewed from year to year by the City Manager or its designee. Any such renewal may be subject to the same terms and conditions applicable to the issuance of the original franchise except application fee. A renewal fee of $ 1.000.00 is required to be submitted with the renewal Words added underlined, words stfi6kefl deleted (ed) Page I of4 application. Fee may be reviewed by the City Manager or his/her designee every two years, and may be increased if necessary. ~ 231-11. Revocation of franchise. A. The following shall constitute cause for revocation of a solid waste franchise by the City Manager: (I) The violation of any of the provisions of the Ordinance of the City or the Code of Metropolitan Miami-Dade County which violation endangers the public health, safety or welfare; or (2) The violation of any term or conditions of the franchise; or (3) The failure to promptly pay the franchise / renewal fee(~ provided for in this article. ~ 231-12. Franchise fee payable to City. (B) Commencing upon the effective date of this article, and continuing monthly thereafter on the 30th day of each and every month, each private hauler operating in the City shall: (1) File a report with the City Manager. At least semiannually, the report shall designate the names and addresses of each account located in the City that was provided solid waste collection and disposal service by the private hauler for the preceding period. The report shall include the gross monthly solid waste collection and disposal service fee receipts representing gross receipts collected the previous month of all such accounts, which report shall be subject to audit by the City; and (2) Simultaneously with the filing of such report, each private hauler shall pay to the City a franchise fee equal to 12 ~~% 20% of the total gross monthly solid waste collection and disposal service fee receipts of all of its accounts which are located in the City, a reflected on each monthly report. (C) An additional monthly surcharge, equal to -l-% 5% of total gross monthly service fee receipts for the preceding month, as reported to the City Manager or its designee, shall be payable to the City if the 12 ~'1% 20% franchise fee is not paid by the 30th of the month by the private hauler. Fee may be reviewed by the City Manager or his/her designee every two years, and may be increased if necessary. (D) If any audit or examination discloses an underpayment to the City greater than 20% of the required payment, in addition to payment of the underpayment, the franchisee shall pay for the expenses of the audit and a penalty equal to three times the underpayment. Words added underlined, words stfiekeH deleted (ed) Page 2 of 4 (E) Each and every franchisee shall pay a permit per account fee annually of $50.00 for each account with whom they contract for the provision of commercial solid waste services. The City shall provide one color-coded sticker for each dumpster in each account to identify the dumpster. Franchisee shall inform the City as to the number of dumpsters associated with each account and shall ensure that a sticker is attached to each dumpster. The franchise may only pass on an amount not to exceed $25.00 of said permit per account fee to each contracted customers. Said permit per account fee shall not be transferable. The annual period will begin October 1 st. and end September 30th. Permit per account applications submitted before the 15th of the month will be charged the full amount for the applicable month; those submitted after the 15th will be invoiced in the next month. The franchisee shall also pay an annual registration fee of $25.00 for each vehicle shown on the list required to be submitted as part of the application. This fee shall apply to renewals of registrations as well. (F) Each franchisee utilizing large containers and/or roll-offs shall pay a temporary roll- off/container permit fee, per account, for each container/roll-off utilized to provide solid waste services requiring such containers. The $100.00 fee shall be for a 90 day period and will be assessed each 90 days the container remains on site. ~ 231-19. Collection Equipment. The franchise shall have on hand at all times sufficient equipment in good working order to permit franchisee to perform its duties hereunder fully, adequately and efficiently. Equipment shall be purchased or manufactured from nationally known and recognized manufacturers of garbage collection and disposal equipment. Garbage collection equipment shall be kept clean, sanitary, neat in appearance and in good repair at all times. The franchisee shall at all times have available to it reserve equipment which can be put into service and operation within two hour of any breakdown. Such reserve equipment shall substantially correspond, in size and capability, to the equipment normally used by the franchisee to perform its duties hereunder. The franchisee equipment operating within the City of Sunny Isles Beach limits must display in a conspicuous place and at all times the corresponding permit as issued by the City of Sunny Isles Beach Section 5. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 6. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the code of the City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 7. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Words added underlined, words stFi6keH deleted (ed) Page 3 of 4 Section 8. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the 17+n day of ft-P~ \ L 2008. PASSED and ADOPTED on second reading the ~ day of VY\ AY 2008. ATTEST: ~~ 4 Lt~. .J,ane A. Hines" MC, CIty Clerk Moved by: rff)W\~e~~'2...,tJ Seconded by: V\ c:..... yY\ (lJ~;DyTH A1..~ R.. Vote: S-D Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ----1..d:Y es ) -UYes) ~Yes) iij' es) ~Yes) _(No) _(No) _(No) _(No) _(No) Words added underlined, words stfi6kefl deleted (ed) Page 4 of 4 0 eI: CIl W 'tl en 111 t/) 0 w <:0 ...J N !!! ~ >- ~ Z Z ~ ~ C t/) CIl > l!- ei: 0 t/) ~ 0::: en U z iIi c: 0 N iIi Q; OJ C E Q; 111 .2 III a. Z '" c: 15. 'E "f: 0 '5 CIl U ,~ > '" '0 Cl CIl U eI: t/) 0 ..... ..... 0 0 0'1 0'1 U'l U'l <=! 0 0 0'1 0'1 ..... :!: ..... ..... ..... "" ..... ..... x co co N en ~ .n E ~ :::J iIi z .n c. E c: ~ 0 :::J 1:: 0 z Cl iIi '0 '" N 0 <( E i:i5 u e ~ - e w ~ . .,..It ~ j1 w ...c 1.6 '0 ~ ~ ,., ~ ~ ,., c ~ .E (; .. ... (; ~ ~ > :; > 't " ! 1i c ,., ~ E ~ o >- ,; ~ ;; .E ~ go c. ~ ~ 1< " ~ :; c o " 'iii ~ :J:: ~ :i ~ .c .. .E oed OK oil' Nl.l ;a:~ o~ -; I.Og O-ll ';: ~ . . ~ Q)~ _.2 mg c~ ~ l::il o~ .- e _Co m.!! ug .- ; :C~ ::]'" D..~ ~ o " ,., c ~ ~ i 5 c. ~ (; 26 NOTICE OF PUBLIC HEARING CITY OF SUNNY ISLES BEACH '" o ~ '" >- '" '" >' '" '" z ~ NOTICE IS HEREBY GIVEN that Ihe City Commission of the City of Sunny Isles Beach. Florida. will hold a public hearing in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue. Sunny Isles Beach, Florida, on Thursday, May 15,2008, at 6:30 p.m.. to consider final adoption of the following proposed Ordinances: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH. FLORIDA, AMENDING THE SOLID WASTE CODE; PROVIDING FOR RENEWAL OF THE APPLICATION AND INCREASE IN FRANCHISE FEES; ESTABLISHING FOR REQUIREMENT TO DISPLAY PERMIT ON FRANCHISE VEHICLES; PROVIDING FOR SEVERABILITY: PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA. AMENDING SECTION 256-11 OF THE CITY CODE PROVIDING FOR THE ISSUANCE OF PARKING PERMITS TO COMMERCIAL VEHICLES WrrH NO MORE THAN TWO (2) AXLES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY: PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH. FLORIDA. AMENDING SECTIONS 135-1. 135-2 AND 135-3 OF THE CONSTRUCTION SITES CODE; ESTABLISHING GUIDELINES FOR AREA ADJACENT TO CONSTRUCTION ENTRANCES AS APPROVED BY THE CITY; ESTABLISHING DAILY JOB SITE MAINTENANCE; PROVIDING FOR INCREASE IN PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE: PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH. FLORIDA, CREATING A NEW CHAPTER OF THE CITY CODE ENTITLED "VACANT PROPERTYREGISTRYMAINTENANCECODE"; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING REGISTRATION OF VACANT LOTS AND BUILDINGS: PROVIDING FOR VACANT LOT AND BUILDING PLAN; PROVIDING FOR STANDARDS FOR MAINTENANCE OF VACANT LOTS AND BUILDINGS; PROVIDING FOR INSPECTIONS; PROVIDING FOR EXEMPTIONS: PROVIDING FOR A WAIVER OF REQUIREMENTS; PROVIDING FOR ANNUAL REPORTS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE: PROVIDING FOR AN EFFECTIVE DATE. Inquiries regarding these items may be directed to the City Clerk at 305-792-1703. Copies of these documents are available for public inspection during normal business hours in City Hall. Jane A. Hines. CMC, City Clerk All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Clerk. City of Sunny Isles Beach. 18070 Collins Avenue. Sunny Isles Beach, Florida, 33160. Any person wishing to address the City Commission at a public hearing is asked to register with the City Clerk by completing a publiC speakers' card prior to the item being heard. The hearing on these matters may be continued at this meeting and under such circumstances. additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any mailer considered at such meeting. they will need a record of the proceedings and. lor such purpose. may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence. nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because 01 that disability should contact the City Manager at 305-947-0606. no later than 48 hours prior to the proceedings; il hearing impaired. please telephone the TTY line at 305-792-1590 lor assistance. 9 '" f5 :z: ;;: '" ;;: ... i!: 5 :@ '" ." z ~ .,; ~ :c .~ :;: > <1: lbl"" som.thing difflrtnl "Iry dlyl .,Iongs I Swimming I FUN Now playi.,g afay .,ear you! 305-254-0310 South Dade Family YMCA 305-248-5189 Homestead Family YMCA 305-357-6622 for other locations \~ YMCA OF GREATER MIAMI WNW_ymcamiaml.org CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARING SIGN CODE VARIANCE REQUEST NonCE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach, Rorida. in the Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach. Rorida on Thursday, May 15,2008 at 6:30 p.m., to consider the following Zoning applications: A. R. K. Associates Location of Shopping Centers: 16850, 17004-17108 and 18090.18290 Collins Avenue Public Hearing .: Summary: Z2008-Ql The Applicant is requesting a variance from the Sign Regulations Code Section 265.58 J of the land Development Regulations better known as Uniform Sign ptan, which requires all multi tenant sign plans be limited to no more than one color consistent with the surrounding architectural standards. The Applicant is proposing a typical color scheme sign age for each one of their shopping center properties. The color scheme encompasses four colors for the signs, black, red, white, and green in addition to the existing approved blue color. Renderings are on file and may be examined in the Planning and Zoning Department entitled ~R. K. Associates. designed by Advance Multi-Sign. Plans may be modified at public hearing All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue. Sunny Isles Beach, Florida, 33160. The courts have ruled that it is improper to contact a City Commission member individually, either orally or in writing about any zoning applications. Maps and other data pertaining to these applications are available for publiC inspection during normal business hours in City Hall. Any zoning hearing may be continued at this meeting and under such circumstances, additional legal notice would not be provided. Any persons wishing to speak at a public hearing should register with the City Clerk prior to that item being heard. Inquiries regarding the item may be directed to the City's Planning and Zoning Depanment at (305) 792.1710. Please refer to the hearing number when making an inquiry. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings and, tor such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence. nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act. all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305.792.1701, no later than 48 hours priQ( to the proceeding; if hearing impaired, please telephone the TOO line at 305-792-1590 for assistance. TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5 I 07 Fax A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Jorge Vera, Assistant City Manager Robert C. Solera, Community Development Director May 15,2008 Sold Waste Code Amendment Ordinance Revision The Solid Waste Code Amendment Ordinance was revised to incorporate comments made by the City Commission at its April 2008 meeting. Specifically, the ordinance has been revised to provide that the City Manager and/or his designee shall review the fees every two years and that said review may result in an increase of fees. Funding available: Finance Department Commission Meeting Date: 5- 15- O~ APp~l: Agenda Item No.: Cover Memo Sold Waste Revision Explanation City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner OF sut-l (305) 947-0606 City Hall (305) 949-311 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, CMC City Clerk MEMORANDUM TO: The Honorable City Commission VIA: A. John Szerlag, City Manager FROM: Jorge Vera, Assistant City Manager Robert C. Solera, Community Development Director DATE: April 17,2008 RE: Solid Waste Code Section 231 RECOMMENDATION: It is recommended that the City Commission approves the attached Ordinance amending the Solid Waste Code. REASONS: The Community Development Department reviewed the Solid Waste Code, and determined that an amendment of the Code was appropriate and necessary. Below for your review, is a table outlining the City of Sunny Isles Beach fees in comparison with various other cities. City Miami Coral South Aventura Miami Hialeah Sunny Isles Name Gardens Gables Miam Beach 1 Applicat. $750.00 $1,000 $5,000 $1,000 $5,000 $1,500 $750. Fee Renewal - $1,000 - $1,000 $500.00 - - Fee Franchise 17% $2,500 20% 10% 22% 8% (08) 12 1/2 % Fee or 12% 12%(09) Agenda Item No.: Funding available: Approval: Commission Meeting Date: _ Cover Memo Solid Waste Code Amendmems(Rev 1) 15%(10) 18%(11) Vehicle $25.00 per - $25.00 - - - - Registrat. vehicle per Require. vehicl e Roll off - - $50.00 - $50.00 - - Container Fee Property None None Yes Yes None None None Damage Guidelin. Account $100.00 $15.00 $50.00 - - - - Fee per location Length of 1 Year 1 Year 3 Year 1 Year 5 Year 1 Year 1 Year Franchise Penalt. 17% per 1'i2% 1% 10% 1'i2% 1'i2% 1% month/ mterest plus court per costs month Perfor. $10,000 or - - $25,000 30% - Bond . . mmlmum of $15,000 Currently all franchise agreements call for an initial application fee of $750.00 as indicated above. The Department feels that a yearly increase of the application fee and an equal amount of renewal fee will offset the cost of monitoring and enforcement of the guidelines within the existing code. At this time the City of Sunny Isles Beach has a franchise agreement with ten (10) companies; the increase will translate in revenue of $10,000.00 annually vs. a one time $750.00 fee. The Department also seeks to clarify the "yearly term" and include the term fiscal year for better accountability purposes. The Department is also requesting the inclusion in the code of a requirement to display the permit on all vehicles. Currently the code is silent on this area and it becomes cumbersome and difficult to monitor the companies as well as the types of equipment. The Department keeps track as required by the existing code of the various types of equipments used in the collection of waste within the City of Sunny Isles Beach limits, to prevent accidents or issues with health and life safety, and for that reason is also proposing a yearly vehicle registration fee and a yearly per account fee. The account fee may be passed on to the contracted customer but in an amount not to exceed 50% of the total amount. Also a roll-off containers service, either for demolition, construction renovation, clean up of the location, and demolition material collection and disposal is provided to various locations around the City of Sunny Isles Beach. As such the Department is requesting that a roll-off container fee be included as well.