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ORDINANCE NO. 2007-4059
ORDINANCE NO. 2007-4059
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RELATING TO
CHAPTER 86: SOLID WASTE AND RECYCLING SERVICES AND
MANAGEMENT; PROVIDING FOR FINDINGS, LEGISLATIVE INTENT AND
APPLICABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR
F.A.C. RULES INCORPORATED BY REFERENCE; PROVIDING FOR
CONTRACTOR STANDARDS, REQUIREMENTS, INSURANCE AND
INDEMNIFICATION; PROVIDING FOR PROHIBITED AND UNLAWFUL
ACTS; PROVIDING FOR SOLID WASTE SERVICES EXCLUSIVELY;
PROVIDING FOR APPLICABILITY; PROVIDING FOR REMOVAL AFTER
NOTICE; PROVIDING FOR MANDATORY SERVICE; PROVIDING FOR
ESTABLISHMENT OF SERVICES, RATES, FEES, CHARGES,
COLLECTIONS, LIENS AND WAIVER PRACTICES FOR SOLID WASTE;
PROVIDING FOR PENALTIES, VIOLATIONS, INTERPRETATION OF
ARTICLES, AND RECONCILIATION WITH FRANCHISE AGREEMENT;
PROVIDING AUTHORITY TO PROMULGATE RULES; PROVIDING FOR
EXCLUSIVE FRANCHISE AND FEE; PROVIDING FOR EXCLUSIVE
FRANCHISE AGREEMENTS, AWARD, FEE, DUTIES, TRANSFERABILITY
AND EXCLUSIVITY AS TO FRANCHISE; PROVIDING FOR COLLECTION
AND HANDLING OF RECYCLABLE MATERIAL; PROVIDING FOR
ESTABLISHMENT AND IMPLEMENTATION OF ALL RULES,
REGULATIONS AND MATTERS RELATED THERETO; PROVIDING FOR
COLLECTION OF RECYCLABLE AND CONTAMINATED MATERIALS;
PROVIDING FOR COLLECTION OF RECYCLABLE MATERIAL,
CONTAMINATED MATERIAL RATES, NOTICES, CONTAINERS AND
LOCATION; PROVIDING FOR REQUIRED COMMERCIAL RECYCLING
NONEXCLUSIVE PERMITS TERMS, FEES, INSURANCE, EQUIPMENT
AND CHARGES; PROVIDING FOR NOTICE OF INTENTION TO OFFER
SERVICE AND REPORT OF SERVICES; PROVIDING FOR
NON RECYCLABLE MATERIALS COLLECTED BY PERMITTEE;
PROVIDING FOR REMEDIES RELATING TO NONEXCLUSIVE PERMIT
TO COLLECT, TRANSPORT AND PROCESS COMMERCIAL RECYCLING
MATERIALS; PROVIDING FOR LANDFILL MATERIALS, PROHIBITIONS,
BARRIERS, SITE CONTROLS, NUISANCE ABATEMENT, COMPLIANCE
WITH ALL OTHER REGULATIONS AND STANDARDS, EXEMPTION AND
ENFORCEMENT; PROVIDING FOR RULEMAKING; PROVIDING FOR
INTERPRETATION OF THE ORDINANCE AND THE RECONCILIATION OF
THE ORDINANCE WITH FRANCHISE AGREEMENTS; PROVIDING FOR
THE AMENDMENT REVISION AND MODIFICATION OF CHAPTER 86 OF
THE CITY CODE OF THE CITY OF SANFORD AND THE REVISION OF
CHAPTER 86 OF SAID CODE AS SET FORTH IN SAID SECTIONS;
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PROVIDING FOR THE REPEAL OF SECTIONS IN CONFLICT
THEREWITH; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION AND POWERS OF
THE CODE CODlFIER AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD:
SECTION 1. REVISION OF ARTICLE II. CHAPTER 86. CITY CODE. The following
provisions (sections) are hereby enacted to replace the provisions of Section 86-31
through 86-435, Article II, Chapter 86 of the City of Sanford City Code:
ARTICLE II. SOLID WASTE AND RECYCLING
DIVISION 1. GENERALLY
Sec. 86-31. Statement of legislative intent; applicability.
(a) It is the intent of the city commission to require all persons within the corporate
boundaries of the city to:
(1) Have their solid waste and recyclable materials collected, transported and
disposed of in a proper, sanitary and efficient manner;
(2) Make available to all persons a sanitary efficient means of having their solid
waste and recyclable materials collected, transported and disposed of;
(3) Eliminate illegal dumping;
(4) Provide an effective method of paying the costs for the services rendered;
and
(5) Promote the health, safety and welfare of the citizens of the city.
(b) It is further the intent of the city commission that the collection, transporting and
disposal of solid waste and recyclable materials shall be accomplished only by
those authorized by the city and that such disposal shall be accomplished only at
city-approved solid waste facilities.
(c) In order to protect the quality of air, water, soil, and other natural resources of the
city, as well as the health, safety, and welfare of its citizens, the city commission
declares that certain solid waste and recycling activities and facilities must be
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regulated. The city commission finds that improper disposal and management of
solid waste and recyclable materials results in or contributes to air and water
pollution, land blight, and nuisance conditions. It is the intent of the city commission
to require that certain solid waste and recycling activities and facilities be managed
and regulated to eliminate deleterious effects upon the quality of air, water, soil, and
human health. It is also the intent of the city commission to encourage recycling and
the recovery of resources that have a potential for further use in order to conserve
resources and advance the economic use and reuse of materials. The city
commission recognizes that other federal, state, regional, and county agencies
have adopted rules for the regulation or management of solid waste and recycling.
These include, but are not limited to, the generation, flow, transportation, control,
collection, storage, removal, abandonment and unauthorized dumping of solid
waste, and litter within the city, and are administered by the applicable governing
body or entity. This article regulates solid waste management and recycling
activities and facilities within the city.
(d) This article applies to all persons operating or maintaining facilities or conducting
activities within the geographic boundaries of the city, which recover, dispose,
recycle, process or store solid waste. (Code 1973, S 11-1; Ord. No. 3884, S 1 (11-1),
8-9-2004 )
Sec. 86-32. Definitions; certain rules incorporated by reference.
(a) For the purpose of this article, the following definitions shall apply unless the
context clearly indicates or requires a different meaning and regardless of whether
the term is capitalized or not in its use:
Actual disposal cost means the actual fee charged by the solid waste facility to the
collector for disposal charges.
Administrative fees mean fees collected by the city for covering the city's administrative
costs associated with the city's performing the billing, collection and remitting payment to
the contractor for solid waste services and for the overall management and administration
of solid waste and recycling services within the jurisdictional limits of the city.
Agreement means the solid waste franchise agreement and all written amendments to it.
Approved container means a container approved by the city for the temporary reception
and storage of refuse pending transportation to a permanent disposal site.
Bags mean plastic bags designed to store and enclose garbage or yard waste with
sufficient wall strength to maintain physical integrity when lifted by the top.
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Biological waste means any solid waste that causes or has the capability of causing
disease or infection and includes, but is not limited to, biomedical waste, animals (which
died from disease), and other wastes capable of transmitting pathogens to humans or
animals.
Biomedical waste means any solid waste or liquid waste, which may present a threat of
infection to humans. The term includes, but is not limited to:
(1) Nonliquid human tissue and body parts;
(2) Laboratory and veterinary waste which contain human-disease-causing
agents;
(3) Discarded disposable sharps;
(4) Human blood, human blood products and body fluids; and
(5) Other material which, in the opinion of the appropriate agency or agencies of
state government, represents a significant risk of infection to persons outside
the generating facility.
Bulk waste means all accumulations of yard waste or junk that requires additional
handling, but which does not require more than two persons to lift including, but not limited
to, white goods, furniture, television sets, small lawn equipment, grills, bicycles, (excluding
motorized vehicles and motors such as, but not limited to cars, trucks, motorcycles and
boat motors) or similar items not having a reasonably useful purpose to the owner or
abandoned by the owner whose large size or weight precludes disposal by normal
methods.
Casters mean the four wheels attached to the underside of a container so that it may be
rolled.
City means the City of Sanford.
City representative means the city manager or designee.
Collection means the process whereby residential and commercial solid waste, yard waste,
bulk waste, construction and demolition debris or recyclable materials are removed from
the location where it is generated and transported to a city approved Florida Department of
Environmental Protection (FDEP) permitted disposal facility or material recovery facility
(MRF) as appropriate.
Commercial solid waste means garbage, bulk waste, trash or yard waste that is not
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residential solid waste including, but not limited to, the garbage, bulk waste, trash and yard
waste generated by or at commercial units including, but not limited to, stores, offices,
restaurants, and warehouses, governmental and institutional office buildings, agricultural
operations, industrial and manufacturing facilities, hotels, motels, condominiums,
apartments and other buildings or parcels of property that have more than four residential
units under one roof, and other sites that do not generate residential solid waste.
Commercial unit means a structure or building unit intended for or capable of being utilized
for commercial business use including, but not limited to, stores, offices, restaurants,
warehouses, governmental and institutional office buildings, agricultural operations,
industrial and manufacturing facilities, hotels, motels, condominiums, apartments, and
other buildings and parcels of property that have more than four residential units under
one roof, and other sites that do not generate residential solid waste.
Construction and demolition debris means discarded materials generally considered to be
nonwater soluble and nonhazardous in nature including, but not limited to, steel, glass,
brick, concrete, asphalt material, pipe, gypsum wallboard and lumber from the construction
and demolition project. The term includes, but is not limited to, rocks, soils, tree remains,
trees, and other vegetative matter which normally results from land clearing or land
development operations for a construction project, Including such debris from construction
of structures at a site remote from the construction or demolition project site. Mixing of
construction and demolition debris with other types of solid waste will cause it to be
classified as other than construction and demolition debris. The term also includes (a)
clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b)
except as provided in F.S. 9403.707 (12) 0), unpainted, non treated wood scraps from
facilities manufacturing materials used for construction of structures or their components
and unpainted, non-treated wood pallets provided the wood scraps and pallets separated
from other solid waste where generated and the generator of such wood scraps or pallets
implements reasonable practices of the generating industry to minimize the commingling of
wood scraps or pallets with other solid waste; and (c) De minimis amounts of other non-
hazardous wastes that are generated at construction projects provided such amounts are
consistent with best management practices of the industry.
Container means any front-load, roll-off, compactor or cart that is designed or intended to
be mechanically or manually dumped into a loader-packer type truck.
Contract means a franchise agreement.
Contractor means the person or entity who has entered a franchise agreement with the city
and who is required to perform collection, transport and disposal services under the
provisions of the franchise agreement and this article.
Contractor-generated waste means bulk trash or bulk yard trash generated by builders,
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building contractors, privately employed tree trimmer sand tree surgeons, landscape
services and lawn or yard maintenance services and nurseries.
County means Seminole County, Florida, a political subdivision of the state.
Customer means a person or entity in the corporate limits of the city obtaining residential
or commercial collection service from a contractor.
Designated disposal facility means the disposal facilities designated by the city for
receiving commercial and residential solid waste, yard waste, white goods, and bulk waste
or construction and demolition debris in accordance with a franchise agreement.
Designated recycling facility means the materials recovery facilities designated by the city
for recovery of recyclable materials.
Disposal charges means the prevailing rates charged for disposal or processing of items at
designated facilities.
Dry run means the contractor's making a trip to a customer's site to pull a roll-off container,
but not pulling it due to it being blocked, overloaded or other reasons beyond the
contractor's control and not the contractor's fault. Documentation such as photographs of
overflow or license plate numbers of vehicles blocking the container shall be provided to
the City.
Exempt waste means biohazardous or biomedical waste, hazardous waste, sludge,
automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid
batteries, used oil and tires, those wastes under the control of the nuclear regulatory
commission and those other materials whose size, weight, or both are in excess of that
allowed for bulk waste as defined herein.
Extra pickup means emptying a customer's container on more than its normal sequencing
occurring when a customer's waste generation requirements exceed scheduled service.
Franchise agreement means the contractual agreement between the city and the
authorized contractor (franchisee) containing, but not limited to, a description of the
service area; name of the person to perform commercial and residential collection,
transport and disposal services in the service area; the term of the agreement; the
consideration to be paid for such agreement, if any and the method of payment; the
services to be furnished; performance bond and the conditions thereof; insurance
provisions; responsibilities and obligations of the parties thereto performance under which
is subject to such rules and regulations promulgated by the city governing performance as
are deemed necessary to implement the provisions of this article as well as the provisions
of this article.
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Franchise fee means the amount of money which the contractor shall be obligated to pay
to the city for exclusive contract rights as defined in this article and the franchise
agreement. The franchise fee shall not be separately listed on any invoices.
Front-load container means a large metal or plastic box for commercial solid waste or
recyclable material, usually of the two-cubic-yard to eight-cubic-yard size, which is lifted by
mechanical means which containers will normally have plastic lids.
Furniture means all accumulations of sofas, chairs, tables, mattresses, televisions, DVD
players and other similar domestic and commercial small appliances.
Garbage means all putrescible waste which generally includes, but is not limited to,
kitchen and table food waste, animal, vegetative food or any organic waste that is
attendant with or results from the storage, preparation, cooking or handling of food
materials.
Garbage can means any commonly available light gauge steel, plastic or galvanized
receptacle of a nonabsorbent material, closed at one end and open at the other, and
without any jagged or sharp edges, furnished with a tightly fitted top or lid and handles and
has a capacity not to exceed 40 gallons.
Hazardous waste means any solid waste that is regulated by the Florida Department of
Environmental Protection (FDEP) as a hazardous waste pursuant to F.A.C. ch. 62-730, its
successor provisions, or any other material regulated as a hazardous waste pursuant to
any applicable local, regional, state or federal law.
Industrial waste means the waste products of:
(1 ) Canneries, fisheries, slaughterhouses or packing plants;
(2) Condemned food products;
(3) Agricultural waste products;
(4) Waste and debris from brick, concrete block, roofing shingles, or tile plates;
(5) Debris and wastes accumulated from land clearing, excavating, building,
rebuilding and the altering of buildings, structures, roads, streets, sidewalks
or parkways; and
(6) Other solid waste products generated from industrial processing or
manufacturing activities.
Junk means all tangible items such as furniture, white goods, bicycles, or smaller property
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not having a reasonable useful purpose to the owner or abandoned by the owner whose
large size or weight precludes disposal by normal methods.
Lock means a master key type padlock (furnished by the contactor) that is used in
conjunction with a steel bar, chains, etc., to secure a container or its contents.
Manageable amount means material that can be collected by two person, does not weigh
more than 50 pounds each, exceed five feet in length, five inches in diameter or exceed 20
cubic yards in volume.
Materials recovery facility (MRF) means any facility designed, operated, and legally
permitted for the purpose of receiving, sorting, processing, storing, or preparing recyclable
materials for sale, and meets the requirements of F.S. S 403.7046, or its successor.
Multiple-family residence means a structure or building unit intended for or capable of
being utilized for multiple-family residential living including, but not limited to, a duplex,
apartment or condominium.
Multiple-family unit means a structure or building unit intended for or capable of being
utilized for single-family and multiple-family residential living including, but not limited to, a
home, duplex, apartment or condominium.
Noncollection notice means a form or tag used by the contractor to notify customers of the
reasons for noncollection of materials set out for collection by the customer for collection
by the contractor pursuant to the franchise agreement.
Nonexclusive permittee or permittee means the individual, partnership or corporation
wholwhich holds a nonexclusive permit to collect, transport and process source separated
recyclable materials.
Owner means the person designated on the real property tax roll maintained by the county
property appraiser for each parcel of improved real property.
Person means a person, natural or artificial including, but not limited to, an individual, firm,
corporation, partnership, association, municipality, county, authority or any other entity,
however organized.
Processing center(s) means local recovery facility/facilities mutually agreed upon by the
contractor and the city.
Recovered materials means materials including, but not limited to, metal, paper, glass,
plastic, cardboard, textile or rubber materials that have known recycling potential, can be
feasibly recycled, and have been diverted and source separated or have been removed
from the waste stream for sale, use or reuse as raw materials, whether or not the materials
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require subsequent processing or separation from each other, but does not include
materials destined for any use that constitutes disposal.
Recyclable material means those materials which are capable of being recycled and which
would otherwise be processed or disposed of as solid waste.
Recycling means any process by which solid waste, or materials which would have
otherwise become solid waste, are collected, separated or processed and reused or
returned to use in the form of raw materials or products.
Recycling bin means a rigid receptacle made of plastic or other suitable substance of no
less than 14 gallons capacity.
Rental charge means a charge that will apply when the container has not had one pull per
month minimum. The Contractor shall maintain records as required by the City to
document this fee.
Resident means a resident of a single-family home or a resident of a multiple-family unit
designated by the city to receive residential services.
Residential cart program means the semi-automated or automated collection service.
Residential solid waste means solid waste originating from residential property occupied by
four or fewer residential units under one roof per parcel of land.
Residential unit means a structure or building unit intended for or capable of being utilized
for residential living including, but not limited to, a home, duplex, apartment, condominium
or mobile home.
Roll-off container means a large metal or plastic box normally used for construction and
demolition debris or other large amounts of solid waste and yard trash, usually of the 20,
30, or 40 cubic-yard size, which are lifted by mechanical means which roll-ofts may be
either open top or enclosed compaction type.
Rubbish means the accumulation of paper, excelsior, rags, wooden or paper boxes or
containers, sweepings and other accumulations of a nature other than garbage, which are
usual to housekeeping and to the operation of stores, oftices and other business places;
also any bottles, cans or other containers which, due to their ability to retain water, may
serve as breeding places for mosquitoes or other water-breeding insects.
Service area means the municipal (city) limits of the city.
Single-family residence means a single structure or building or mobile home intended for or
capable of being utilized for single-family residential living.
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Solid waste is a general term that includes, but is not limited to, the specific terms garbage,
yard waste, rubbish, industrial wastes and junk, but excludes all recyclable material, as
herein defined. Hazardous wastes (including, but not limited to, fecal wastes, animal
carcasses and pathological wastes) are also excluded.
Source separated means the recovered materials are separated from solid waste where
the recovered materials and solid waste are generated. The term does not require that
various types of recovered materials be separated from each other and recognizes the de
minimis solid waste, in accordance with industry standards and practices, may be included
in the recovered materials. Materials are not considered source separated when two or
more types of recovered materials are deposited in combination with each other in a
commercial collection container located where the materials are generated and such
materials contain more than ten percent solid waste by volume or weight. The term
"various types of recovered materials" means metals, paper, glass, plastic, textiles, and
rubber.
Special wastes mean those wastes that require extraordinary management activities
including, but not limited to, automobiles or automobile parts, boats or boat parts, internal
combustion engines, nonautomobile tires, used oil, paint, sludge, dead animals,
agricultural and industrial solid waste, septic tank pumping, biomedical waste,
biohazardous waste, liquid waste, waste tires, lead acid batteries, construction and
demolition debris, ash residue, yard waste and hazardous waste.
Surety means a party, approved by the city, who is bound with and for the contractor to
insure the payment of all lawful debts pertaining to and for the acceptable performance of
the franchise agreement. Said bonds being in a form and amount satisfactory to the city
after review by the city manager and city attorney.
Trash means accumulations of refuse, paper, paper boxes and containers, rags,
sweepings, all other accumulations of a similar nature including, but not limited to, broken
toys, tools, equipment and utensils.
Uncontrollable forces mean any event, which results in the prevention or delay of
performance by a party of its obligation under the franchise agreement which performance
is beyond the reasonable control and is not due to the fault, acts or omissions of the
nonperforming party and includes, but is not limited to, fire, flood, hurricanes, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance and sabotage and other types of
force majeure.
White goods mean accumulations of inoperative and discarded refrigerators, ranges,
washers, dryers, water heaters, freezers and other similar domestic and commercial large
appliances.
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Yard trash means accumulations of vegetative matter resulting from landscaping
maintenance and land clearing operations.
Yard waste means accumulations of vegetative matter resulting from yard and landscaping
maintenance such as, but not limited to, leaves, grass or shrubbery cuttings, logs, tree
limbs, brush, palm fronds, and other such matter attending the care of lawns, shrubbery,
vines, trees and tree limbs.
(b) F.A.C. chs. 62-701,62-709 and 62-711, as amended, are adopted and incorporated
into this article by reference.
(Code 1973, 9 11-2; Ord. No. 3884, 9 1 (11-2), 8-9-2004)
Cross references: Definitions generally,s 1-2.
Sec. 86-33. Vehicle standards.
All trucks, trailers, and other vehicles used to collect, transport and dispose of solid waste
or recyclable materials in the city or to transport solid waste or recyclable materials over
any public roadways in the city shall:
(1) Be constructed as watertight as possible to limit the escape of water or other fluids
from the vehicle.
(2) Be fully enclosed or covered so as to prevent the escape of any solid waste or
recyclable materials.
(3) Comply with all local, regional, state and federal roadway weight limits.
(4) Comply with all local, regional, state and federal laws, rules and regulations
applicable to such vehicles.
(Code 1973, 9 11-4; Ord. No. 3884, 9 1 (11-4), 8-9-2004)
Sec. 86-34. Prohibited acts.
It shall be unlawful for any person to do any of the following or to otherwise violate the
provisions of this article:
(1) To place, or cause to be placed any solid waste in or upon the property of another
or in a dumpster or container of another.
(2) To conveyor cause to be conveyed over and upon any of the streets and alleys of
the city any solid waste or recyclable materials without a franchise or nonexclusive
franchise permit or both such franchise and nonexclusive franchise permit, as may
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be required by this article or the laws, rules or regulations affecting the collection
and disposal of solid wastes or recyclable materials.
(3) To deposit or dispose of any solid waste or recyclable materials in or upon any
public streets, sidewalk, rights-of-way or alleyway or any stream, ditch, river, pond,
creek, park or public place in the city.
(4 ) To burn any sol id waste or recyclable materials generated or brought within the city,
except certain trees and brush allowed to be burned where applicable permits have
been obtained from the city's fire department and other appropriate entities in
accordance with federal, state and local laws, rules and regulations.
(5) To place solid waste or recyclable materials out for collection earlier than 5:00 P.M.
of the day before a scheduled collection or leave containers adjacent to the street
any later than 7:00 P.M. on the day the containers are emptied.
(6) To place solid waste or recyclable materials out for collection in any location not
serviced by the contractor or permittee.
(7) To do any act prohibited or to fail to do any act required by this article or the laws,
rules or regulations affecting solid waste and recyclable materials within the city.
(8) To remove solid waste or recyclable materials from any container, garbage can or
recycling bin at a collection location or from curbside unless authorized to do so.
(9) To accumulate or cause to be accumulated any yard waste, industrial waste, junk,
rubbish or other solid waste in or upon any premises or lot owned by a person or in
a persons control.
(10) To deposit flammable liquids, hazardous wastes or explosives in any container or
garbage can.
(11) To open, remove, untie or to interfere with the orderly and legitimate collection of
recycling material or recycling container, or to disturb or scatter solid waste or
recyclable materials stored in containers placed for collection at a curbside, drop-off
or collection location.
(12) To transport over any public road any solid waste which is subject to leakage or
spillage unless the solid waste is securely tied or covered so as to prevent leakage
and spillage.
(13) To allow solid waste to spill, blow or drop from any vehicle on any road, street or
private or public property.
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(14) To allow the water saturating or covering solid waste to leak from any vehicle on
any road, street or private or public property.
(15) To collect or transport solid waste for hire or for remuneration or other consideration
in any form without first being awarded a franchise or permit from the city is in
violation of this article.
(16) To dispose of solid waste at any site, public or private, which is unapproved by the
city or to process recyclable materials at any site, public or private, which is
unapproved by the city.
(17) For reasons of general health, safety and welfare, including but not limited to
health, sanitation and community appearance, to accumulate any solid waste for a
period in excess of seven days upon public or private property. Creation or
maintenance of a backyard compost pile shall be considered recycling, not disposal
unless the site results in the creation of a nuisance.
(18) For any owner of a commercial unit to fail to use a front-load container for solid
waste disposal when directed to do so by the city based upon the city's discretion
and considering the solid waste requirements of the commercial site.
(Code 1973, 911-5; Ord. No. 3884, 91(11-5), 8-9-2004)
Sec. 86-35. City to provide for solid waste services exclusively.
Solid waste produced in the city shall be collected, transported and disposed of exclusively
under the direction of the city pursuant to the terms and provisions of this article and such
rules and regulations as the city shall prescribe for the removal, transportation and
disposal of such solid waste.
(Code 1973, 9 11-6; Ord. No. 3884, 9 1 (11-6), 8-9-2004)
Sec. 86-36. Applicability to mobile home parks, apartments and condominium
apartments.
Mobile home parks, apartments and condominium apartments may be considered either
residential units or commercial units for the purposes of this article as determined by the
city on the basis of the overall use of the property and configuration of the site.
(Code 1973, 9 11-24.76; Ord. No. 3884, 9 1 (11-1 00), 8-9-2004)
Sec. 86-37. Removal of solid wastes or other debris.
If a customer has not removed extra nonconforming solid wastes or other industrial waste,
hazardous wastes or noncombustible refuse or any other material of a similar type or
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nature within 24 hours after notification from the city, the city's representative may order
such removal and all costs incurred shall be charged against the customer's utility account
or shall otherwise be due and payable as set forth in this article.
(Code 1973, 9 11-24.86; Ord. No. 3884, 9 1 (11-11 0), 8-9-2004)
Sec. 86-38. Mandatory service.
The city shall bill all residential properties within the city for solid waste, yard waste and
recyclable material services at the rates annually established. The city shall bill all
commercial properties within the city for solid waste and yard waste removal at the rates
annually established. In addition to any other remedies afforded by law or set forth herein
the city may record a lien against each unit of residential or commercial property for unpaid
solid waste, yard waste and recyclable material collection fees and/or terminate
water/sewer service in a like manner as it would in the event fees for that service remain
unpaid. Service to all such properties shall be mandatory.
(Code 1973, 911-24.87; Ord. No. 3884, 91(11-111), 8-9-2004)
Sec. 86-39. Discontinued service; delinquent accounts.
If any bill for monthly solid waste or recyclable material service remain due and unpaid on
and after the due date stated on such bill, the solid waste service shall be discontinued
and the water service to such customer shall be disconnected and shall not be
reconnected until all past-due bills for solid waste, recyclable material and any and all
other city services are paid, together with reconnection and delinquent fees as specified in
the city Code or other provisions of rule or regulation pertaining to fees payable to the city.
Should a container be removed because of an accounts delinquency, there shall be a
delivery fee imposed of $50.00.
(Code 1973, 911-24.88; Ord. No. 3884, 91(11-112), 8-9-2004)
Sec. 86-40. Deduction of unpaid solid waste charges from water/utility deposit.
In addition to and not in lieu of any other remedies, any unpaid charges for residential or
commercial solid waste or recyclable material services may be deducted from any
water/utility deposit from the occupant of the premises located on the property for which
the unpaid solid waste or recyclable material charges have accrued at such time as any
refund of said deposit is requested. In addition, unpaid solid waste or recyclable material
charges may be deducted from any water/utility deposit from the occupant of the premises
located on the property for which the unpaid solid waste or recyclable material services
charges have accrued at such time as the accrued charges are equal to or exceed the
amount of deposit.
(Code 1973, 911-24.89; Ord. No. 3884, 91(11-113), 8-9-2004)
Sec. 86-41. Fee declared debt for city collection.
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The amount of solid waste and recyclable material fees imposed by this article are hereby
declared to be a service secured by a property owner or occupant from the city through the
contract and a service which inures to the benefit of the subject property and the provision
of said service is, therefore, declared to be a debt due the city. Any person required under
the terms of this article to have accumulations of solid waste or recyclable material
collected, transported and disposed of or processed by the city shall be liable to the city for
the amount of applicable collection fees therefore, and such fees shall be recoverable in
any court of competent jurisdiction in Seminole County. If such fees are not paid by the
due date of the date of billing, the city may assess the amount of such fees as a lien
against the benefited property of the same extent and character as a lien granted to the
city by law for special assessments for the cost of a local improvement.
(Code 1973, ~ 11-24.90; Ord. No. 3884, ~ 1 (11-114), 8-9-2004)
Sec. 86-42. Insurance requirements.
The contractor and each permittee shall maintain an insurance policy in place issued by a
licensed insurance company permitted to do business in the State of Florida for a public
liability and property damage in the amounts as specified in the franchise agreement. The
city shall be named as an additional insured, and the policy shall provide that the city shall
be provided at least 30 days written notice prior to cancellation or modification. Throughout
the duration of the franchise agreement or permit, the contractor or permittee shall supply
the city with a renewal or replacement certificate of insurance not less than 30 days before
expiration or replacement of the insurance for which a previous certificate has been
provided. Failure to maintain insurance shall be a per se breach of the franchise
agreement or permit.
(Code 1973, ~ 11-24.91; Ord. No. 3884, ~ 1(11-115), 8-9-2004)
Sec. 86-43. Authority of city's representative to waive charges for low-income
families.
The city manager shall adopt administrative rules which provide that customers may apply
for reduced or free services, reduced or eliminated franchise fees, and other relief based
upon poverty and hardship circumstances.
(Code 1973, ~ 11-24.92; Ord. No. 3884, ~ 1 (11-116), 8-9-2004)
Sec. 86-44. Authority to promulgate rules.
The city manager shall have the power and authority to promulgate administrative rules
and formulate incipient city policy in order to implement the provisions of this article. Said
rules may include the imposition of administrative fees for appeals and similar actions not
prescribed herein or by resolution adopted by the city commission. The city manager shall
promulgate rules providing for appeals of city staff decisions to the city manager and for
Page 15 of 30
appeal of city manager decisions to the city commission.
(Code 1973, 911-24.93; Ord. No. 3884, 91(11-117), 8-9-2004)
Sec. 86-45. Penalties; violation; interpretation of article; reconciliation with
franchise agreement; charges.
Any person violating any of the provisions of this article shall be punished to the maximum
extent as provided in state law as set forth in F.S. 9 162.22, and other controlling legal
authority. All persons participating in or contributing to a violation of this article shall be in
violation. The city may engage in any other code enforcement activities and processes as
it deems appropriate under the circumstances and may seek judicial and administrative
remedies as deemed appropriate by the city. The commission of any act prohibited in this
article shall be an unlawful act subjecting the person so acting to penalties as set forth in
this article and the failure to act in a manner prescribed in this article shall be an unlawful
act subjecting the person so acting to penalties as set forth in this article. In the event that
the city prevails in any enforcement action under the provisions of this article, it shall be
entitled to reimbursement of any and all legal costs and expense incurred by the city. Each
act of unpermitted collection of a recovered material at a commercial premises or other
violation of this article shall constitute a separate violation. This article shall be interpreted
in conjunction with the franchise agreement and permits issued by the city. The city
commission may deviate from the provisions of this article in entering a franchise
agreement as to technical matters of the city. In the event that this article and the franchise
agreement conflict, the provisions of the franchise agreement shall prevail. In the event
that the provisions of this article and the franchise agreement have equivalent effect, those
provisions may be enforced by the city either as a matter of contract or as a matter of code
enforcement regulatory authority. In the event that a provision of this article is applicable
and no similar provision is set forth in the franchise agreement, the provisions of this Code
shall be applicable. The city commission may amend the charges and fees set forth in this
article by adoption of resolutions from time to time. Nothing contained in this article shall
be construed or interpreted to include the city in the definition of agency contained in F.S.
9 120.52 or to otherwise subject the city to the application of the F.S. ch. 120, the Florida
Administrative Procedures Act.
(Code 1973, 9 11-24.94; Ord. No. 3884, 92, 8-9-2004)
Secs. 86-46--86-70. Reserved.
DIVISION 2. FRANCHISE
Sec. 86-71. Exclusive franchise.
(a) All solid waste generated and accumulated within the corporate boundaries (city
limits) of the city by both residential and commercial properties, shall be collected
and removed by the contractor (franchisee) except as otherwise provided in this
article such as the provisions pertaining to nonexclusive permits for commercial
Page 16 of 30
recycling.
(b) All residential recyclable material generated and accumulated within the corporate
boundaries of the city shall be collected and removed by the contractor.
(c) No owner, occupant or other person having control of a property shall collect or
remove, or cause to be removed any solid waste generated on such property except
by utilizing the contractor, except as otherwise provided in this article. It is unlawful
to violate the provisions of this section.
(Code 1973, 911-3; Ord. No. 3884, 91(11-3), 8-9-2004)
Sec. 86-72. Franchise agreement required.
No person shall collect or transport solid waste or recyclable materials except as provided
in this article. This provision applies to all persons except those utilizing their personal
passenger cars, station wagons or pick-up trucks of one ton or less capacity to transport
items from a residence owned by the person to a solid waste or recycling facility
designated or approved by the city.
(Code 1973,911-13; Ord. No. 3884, 91(11-13), 8-9-2004)
Sec. 86-73. Franchise agreement authorized.
The city may enter into a franchise agreement with any person to provide for residential
and commercial solid waste and recyclable material collection services within the city. Said
franchise agreement shall contain, at a minimum, the name of the person to collect the
solid waste and/or recyclable materials generated within the city; the length of the
franchise agreement; the consideration to be paid for such franchise agreement and the
method of payment; the service to be furnished; the amount and method of payment to the
contractor for the contractor's performance under the agreement; the performance bond
and the conditions thereof to be furnished by the contractor; and other provisions
governing the performance by the contractor as the city may determine are necessary to
implement the provisions of this article and implementing rules. Such franchise agreement
shall be exclusive and the term may be for a period of time up to seven years.
(Code 1973, 911-7; Ord. No. 3884, 91(11-7), 8-9-2004)
Sec. 86-74. Award of franchise agreement.
From time to time, the city manager, or designee, shall prepare procurement documents
and receive and accept competitive proposals from applicants to provide residential and
commercial collection services, and residential recyclables services, and may accept a
proposal which it deems to be in the best interest of the city and enter into a franchise
agreement with that applicant, or it may deny same in accordance with law. In the event
that the city shall seek competitive proposals, the term of the current franchise agreement
Page 17 of 30
may be extended from month to month until such time as a successor contractor may be
procured by the city.
(Code 1973, 9 11-8; Ord. No. 3884, 9 1 (11-8), 8-9-2004)
Sec. 86-75. Franchise fee.
The contractor shall pay to the city a franchise fee. The amount of the franchise fee, the
terms and conditions of payment and the minimum guaranteed franchise fee shall be
established at the time of the award of the franchise agreement. The franchise fee shall
not be listed as a separate item on invoices. The books and records of the contractor shall
be subject to audit by the city upon not less than five days' demand by the city at all
reasonable times within the city for the purpose of determining the amount of roll off
franchise fees due to the city. Said books shall not generally be audited more than two
times per year or at a greater frequency except to the extent that said audits are deemed
necessary by the city for the purpose of validating roll-off franchise fees due to the city or
complying with law.
(Code 1973, 9 11-9; Ord. No. 3884, 9 1 (11-9), 8-9-2004)
Sec. 86-76. Duties of franchisee.
The contractor shall perform, at a minimum, the following:
(1) Collect and remove all properly contained or bundled solid waste and all special
wastes generated by residential and commercial properties, and residentially
generated recyclable materials from all customers within the city requiring such
services, except as otherwise provided in this article.
(2) Carry out and perform all provisions of the franchise agreement.
(3) The city shall have the right to conduct a financial audit performed by a certified
public accountant in accordance with generally accepted accounting principles,
whenever determined necessary by the city relative to the provisions of a franchise
agreement.
(4) Provide access to the city's representative, upon reasonable notice, full access to
all records with respect to the franchise agreement.
(Code 1973, 9 11-10; Ord. No. 3884, 9 1 (11-1 0), 8-9-2004)
Sec. 86-77. Transferability; exclusivity.
(a) No franchise agreement shall be transferred or assigned to another person without
first obtaining the written and formal approval of the city commission.
Page 18 of 30
(b) No person may provide residential or commercial solid waste services in the city
pursuant to a franchise agreement with the city.
(Code 1973, 9 11-11; Ord. No. 3884, 9 1 (11-11), 8-9-2004)
Sec. 86-78. Identification of vehicles.
All solid waste and recyclable material collection vehicles operating in the city under the
franchise agreement shall be clearly marked with the name of the contractor, the
contractor's telephone number, vehicle identification number, and any other identifying
label the city manager may require.
(Code 1973, 911-12; Ord. No. 3884, 91(11-12), 8-9-2004)
Secs. 86-79--86-90 Reserved.
Sec. 86-120. Recyclable material to be collected.
The contractor shall collect the following recyclable material:
(1) Newspapers (including, but not limited to, inserts);
(2) Magazines and catalogs;
(3) Clear, green and brown glass bottles and jars;
(4) Plastic bottles (numbers 1--7 which numbers are located on the bottom of
containers );
(5) Aluminum and steel cans (including, but not limited to, empty aerosol cans); and
(6) Any other recyclable material as required by the city.
(Code 1973, 9 11-22; Ord. No. 3884, 9 1 (11-22), 8-9-2004)
Sec. 86-121. Contaminated recyclable material.
The contractor shall not be required to collect recyclable material from residential units if
the customer does not segregate the recyclable material from solid waste or yard waste. If
the customer contaminates recyclable material through commingling with solid waste or
yard waste, the contractor shall, if practical, separate the solid waste or yard waste from
the recyclable material. The recyclable material shall then be collected by the contractor
and the solid waste or yard waste shall be left in the recycling bin along with a
noncollection notice explaining why the solid waste or yard waste is not considered a
recyclable material. In the event the recyclable material and solid waste or yard waste are
commingled to the extent that they cannot easily be separated by the contractor, or the
nature of the solid waste or yard waste renders the entire recycling bin contaminated, the
Page 19 of 30
contractor shall not be required to collect the material at that time. The contractor shall
immediately affix to the recycling bin a noncollection notice fully explaining why collection
was not made. The contractor shall not collect the recyclable material until the residential
unit segregates and cleans the recyclable material.
(Code 1973, 9 11-23; Ord. No. 3884, 9 1 (11-23), 8-9-2004)
Sec. 86-122. Service rates.
Rates for all services, shall be as set forth in the solid waste collection agreement.
(Code 1973, 9 11-24; Ord. No. 3884, 9 1 (11-24), 8-9-2004)
Sec. 86-125. Noncollection notices.
The contractor shall, at the contractor's expense, supply and maintain sufficient amounts of
noncollection notices, identifying why collection services were not provided as required by
this article or otherwise by the city and shall affix such noncollection notices to all items not
removed on scheduled collection days. All notification materials shall be subject to
approval by the city's representative.
(Code 1973, 9 11-24.3; Ord. No. 3884, 9 1 (11-27), 8-9-2004)
Sec. 86-126. Approved containers.
(a) All residential and commercial solid waste shall be placed in any commonly
available light gauge steel, plastic or galvanized receptacle of a nonabsorbent
material, closed at one end and open at the other, and without any jagged or sharp
edges, furnished with a tightly fitted top or lid and handles, which receptacle shall
have a capacity not to exceed 40 gallons nor weigh more than 50 pounds each
when full. Plastic bags which are designed to store and enclose garbage or yard
waste, with sufficient wall strength to maintain physical integrity when lifted by the
top, and weighing no more than 50 pounds each when full are also acceptable. All
residential yard waste shall be placed in garbage cans, bags or tied bundles not to
exceed 50 pounds in weight. Bundles shall be no longer than five feet or contain
branches larger than five inches in diameter. Garbage cans and bags shall be
provided by the owner, tenant, lessee or occupant of the premises at the said
person's expense. Garbage cans shall be maintained in good condition by the said
customer. The contractor shall be responsible for the replacement of containers
damaged by the contractor upon notice by the owner or City within two business
days of such notice.
(Code 1973, 9 11-24.4; Ord. No. 3884, 9 1 (11-28), 8-9-2004)
(b) The contractor shall be responsible for the purchase; distribution and replacement
of all front-load and front-load compactor containers to commercial units.
Customers may purchase their own front-load compactor; however, all equipment
Page 20 of 30
regulations as stated herein shall apply. Amounts and types of solid waste or
recyclable material placed in containers for collection shall be stored only in
standard manufactured-type mechanically serviced containers, compatible with the
contractors servicing equipment and subject to government regulation, and
approved by the city as to color. Containers must be in good condition and subject
to the city's approval. Containers shall be uniform in color (unless otherwise
approved by the city), shall have the contractors name and telephone number
prominently displayed on the front of the container, shall have markings to identify
unit or suite numbers if requested by the city, and shall be cleaned and painted
frequently. Containers used for recyclable material shall be clearly labeled for
identification, education and enforcement purposes. The contractor shall not utilize
said containers to market or display advertising for other businesses, goods,
services, etc., with the exception of public service messages approved by the city.
(c) The contractor shall be responsible for the purchase, distribution and replacement
of all roll-off and roll-off compactor containers to commercial or residential units.
Customers may purchase their own roll-off compactor; however, all equipment
regulations as stated herein shall apply. Amounts and types of solid waste or
recyclable material placed in containers for collection shall be stored only in
standard manufactured-type mechanically serviced containers, compatible with the
contractors servicing equipment and subject to government regulation, and
approved by the city as to color. Containers must be in good condition and subject
to the city's approval. Containers shall be uniform in color (unless otherwise
approved by the city), shall have the contractors name and telephone number
prominently displayed on two sides of the container, shall have markings to identify
unit or suite numbers if requested by the city, and shall be cleaned and painted
frequently. Containers used for recyclable material shall be clearly labeled for
identification, education and enforcement purposes. The contractor shall not utilize
said containers to market or display advertising for other businesses, goods,
services, etc., with the exception of public service messages approved by the city.
(Code 1973, ~ 11-24.68; Ord. No. 3884, ~ 1 (11-92), 8-9-2004)
Sec. 86-127. Location of collection containers.
(a) All residential and commercial curbside and alley collection, with the exception of
side-door collection as set forth in this article, shall be placed in approved
containers at locations that are readily accessible to the contractor and their
equipment, normally not to exceed eight feet from the curb or edge of the traveled
portion of an alley or street as authorized by the city. Containers may be placed out
for collection no earlier than 5:00 P. M. of the day before a scheduled collection and
shall be removed not later than 7:00 P. M. of the day of collection. Any variation shall
be subject to application to and approval by the city's representative with the
application filed no less than 30 days prior to the proposed implementation.
Page 21 of 30
(Code 1973, S 11-24.5; Ord. No. 3884, S 1(11-29), 8-9-2004)
(b) All commercial front-load collection shall be placed in approved containers at
locations that are readily accessible to the contractor and their equipment.
Containers shall be located on private property. The city's representative may
approve the use of city property for the placement of containers after investigation
and evaluation of the proposal. Any variation shall be subject to application to and
approval by the city's representative with the application being filed no less than 30
days prior to the proposed implementation.
(Code 1973, S 11-24.47; Ord. No. 3884, S 1 (11-71), 8-9-2004)
(c) All roll-off collection shall be placed in approved containers at locations that are
readily accessible to the contractor and its equipment. Containers shall be located
on private property. The city's representative may approve the use of city property
for the placement of containers after investigation and evaluation of the proposal. In
the event a container must be placed in the street, the customer shall be
responsible for the rental and placement of lighted barricades to surround the
container. Any variation shall be subject to application to and approval by the city's
representative with the application being filed no less than 30 days before the
proposed implementation.
(Code 1973, S 11-24.70; Ord. No. 3884, S 1(11-94), 8-9-2004)
Sec. 86-128. Manner of collection.
The contractor shall perform collection services with as little disturbance as reasonably
possible and without obstructing roadways, driveways, sidewalks or mailboxes or other
public facilities. The contractor shall handle garbage cans and other receptacles with
reasonable care, shall empty them thoroughly, and shall leave them in the same position in
which they were found. The contractor shall collect and remedy any spillage immediately.
(Code 1973, S 11-24.6; Ord. No. 3884, S 1 (11-30), 8-9-2004)
Sec. 86-129. Hours of collection.
(a) All residential collection, transportation and disposal shall occur on Monday through
Friday between the hours of 7:00 A.M. and 7:00 P.M., inclusive. Any variation, with
the exception of the four scheduled Saturday collections for "community clean up
day" in April and October of each year, shall be subject to application to and
approval by the city's representative with the application filed no less than 30 days
prior to the proposed implementation. The contractor shall maintain and keep up to
date all records and files as necessary to document the collection service.
(b) All commercial curbside/alley collection, transportation and disposal shall occur on
Monday through Friday between the hours of 7:00 A.M. and 7:00 P.M., inclusive. Any
Page 22 of 30
variation shall be subject to application to and approval by the city's representative
with the application filed no less than 30 days prior to the proposed implementation.
The contractor shall maintain and keep up-to-date all records and files as
necessary to document the collection service.
(c) All commercial front-load collection, transportation and disposal shall occur
between the hours of 3:00 A.M. and 7:00 P.M. Commercial service locations that are
in a residential area or abut or are proximate to residential areas, or residences
complaining of noise disturbance, shall not be collected before 7:00 A.M. nor later
than 7:00 P.M. Any variation shall be subject to application to and approval by the
city's representative with the application being filed no less than 30 days prior to the
proposed implementation. The contractor shall maintain and keep up-to-date all
records and files as necessary to document the collection service.
(Code 1973, S 11-24.49; Ord. No. 3884, S 1 (11-73), 8-9-2004)
(d) All commercial roll-off collection, transportation and disposal shall occur between
the hours of 3:00 A.M. and 7:00 P.M. Commercial service locations that are in a
residential area or abut or are proximate to residential areas, or residences
complaining of noise disturbance, shall not be collected before 7:00 A.M. nor later
than 7:00 P.M. All residential roll-off collection, transportation and disposal shall
occur between the hours of 7:00 A.M. and 7:00 P.M., inclusive. Any variation shall be
subject to application to and approval by the city's representative with the
application filed by no less than 30 days prior to the proposed implementation. The
contractor shall maintain and keep up-to-date all records and files as necessary to
document the collection service.
(Code 1973, S 11-24.72; Ord. No. 3884, S 1(11-96), 8-9-2004)
(Code 1973, S 11-24.7; Ord. No. 3884, S 1(11-31), 8-9-2004)
Sec. 86-130. Holiday collection.
Collections shall not be made on Thanksgiving Day, Christmas Day, New Year's Day and
any other day on which all city-approved state department of environmental protection
permitted solid waste disposal facilities are closed. Collections that would normally occur
on these holidays shall be rescheduled on the next regularly scheduled collection day, or
in the case of front load and roll-off containers or compactors either the day before or the
day after the holiday. Any change to the holiday collection service schedule shall be
subject to application to and approval by the city's representative with the application filed
no less than 30 days prior to the proposed implementation.
(Code 1973, S 11-24.8; Ord. No. 3884, S 1(11-32), 8-9-2004)
Sec. 86-131. Billing and payment.
(a) The city will perform all residential and commercial curbside, alley and front load
Page 23 of 30
billing and collection, and in no event shall customers be liable to the contractor for
any payments in connection to the services provided by the contractor as set forth
in this article. All payments to the city shall be paid by the customer within 10 days
after date of mailing the statement, as stamped thereon, or such collection service
shall be discontinued until such fees shall be paid in full.
(b) The contractor shall perform all roll-off billing and collection. No other fees apply
without prior written approval by the city's representative. In the event of a dispute
relating to costs, the city's representative will make the final determination.
(Code 1973, S 11-24.75; Ord. No. 3884, S 1(11-99), 8-9-2004)
Secs. 86-376--86-397. Reserved.
Sec. 86-287. Sharing of containers.
Commercial businesses may be allowed to share the use of front-load, front-load
compactor containers roll-off or roll-off compactor containers, and be exempt from payment
to the city for solid waste services when the city's representative has received a copy of
the lease agreement identifying that the property owner provides for solid waste removal
services within their lease agreement, and has conclusively confirmed that such service is
being provided.
(Code 1973, S 11-24.51; Ord. No. 3884, S 1 (11-75), 8-9-2004)
DIVISION 8. COMMERCIAL RECYCLING NONEXCLUSIVE PERMITS
Sec. 86-398. Required.
(a) No person may collect or transport commercial source separated recyclable
materials within the city without first obtaining a nonexclusive permit from the city.
This provision applies to all persons except facilities within the city owned or
operated by a governmental subdivision or entity of the state, the school district or a
special taxing district.
(b) Each person desiring to perform commercial recycling services in the city shall
make application for a nonexclusive permit to the city which application shall be
made on forms provided by the city and shall provide, at a minimum, the following:
(1) Name and address of business.
(2) Name and address of owner of business.
(3) Corporate officers and directors and certificate of good standing.
(4) Permanent place of business.
Page 24 of 30
(5) Copy of occupational license.
(6) Evidence of certification from the Florida Department of Environmental
Protection.
(7) Certification that all recovered materials collected will be recycled at a state-
certified recycling facility.
(8) Description of equipment to be utilized.
(9) Copy of certificate of insurance.
(10) Agreement to comply with all conditions of permit and provisions of this
article.
(Code 1973, S 11-24.77; Ord. No. 3884, S 1 (11-1 01), 8-9-2004)
Sec. 86-399. Terms.
The term of a nonexclusive permit to collect, transport and process commercial souce
separated recyclable materials shall be for one year or a partial year beginning on October
1 of each year. Each permit shall expire on September 30 of each year, but may be
renewed from year to year upon application, payment of permit fees and a demonstration
that the permittee is in compliance with the terms of this article.
(Code 1973, S 11-24.78; Ord. No. 3884, S 1(11-102), 8-9-2004)
Sec. 86-400. Fees.
A holder of a nonexclusive permit shall pay the permit fee of $250.00 for each year or
fraction thereof, which fee shall be paid on or before October 1, for each year of renewal.
The city commission may modify the permit fee by adoption of a resolution.
(Code 1973, S 11-24.79; Ord. No. 3884, S 1 (11-1 03), 8-9-2004)
Sec. 86-401. Insurance.
Each permittee shall maintain an insurance policy from a company acceptable to the city
and licensed to do business in the state for a public liability and property damage in the
amount of no less than $250,000.00 per person and $500,000.00 per accident, with
$250,000.00 property damage. The city shall be named as an additional insured and the
policy shall provide that the city shall be given no less than 30 days written notice prior to
cancellation or modification. A copy of said policy shall be filed with the city's
representative. Throughout the duration of the franchise agreement, the contractor shall
Page 25 of 30
supply the city with a renewal or replacement certificate of insurance not less than 30 days
before expiration or replacement of the insurance for which a previous certificate has been
provided.
(Code 1973, 911-24.80; Ord. No. 3884, 91(11-104), 8-9-2004)
Sec. 86-402. Equipment.
All equipment operated by the permittee shall be in good repair, appearance and in a
sanitary condition at all times. All source separated recyclable materials hauled by the
permittee shall be so contained that spilling of any nature is prevented.
(Code 1973, 911-24.81; Ord. No. 3884, 91(11-105), 8-9-2004)
Sec. 86-403. Charges.
Fees to be charged to those utilizing the services of the permittee are strictly a matter of
negotiation between the permittee and the user and will not be controlled or established by
the city.
(Code 1973, 911-24.82; Ord. No. 3884, 91(11-106), 8-9-2004)
Sec. 86-404. Notice of intention to offer service; report of service.
Each permittee shall advise the city, in writing, of each location and business at which the
permittee intends to collect commercial source separated recyclable materials in advance
of the commencement of collection. Each permittee shall submit to the city on or before the
20th day of the month following the month of service a report indicating, at a minimum, the
business names, addresses, telephone numbers, types, sizes, quantities and frequencies
of containers being serviced by the permittee.
(Code 1973, 911-24.83; Ord. No. 3884, 91(11-107), 8-9-2004)
Sec. 86-405. Nonrecyclable materials collected by permittee.
Should a permittee determine that it has collected nonrecyclable materials that are above
and beyond de minimis nonrecyclable materials, the permittee shall return the
nonrecyclable material back to the user's location for collection by the contractor which
collects nonrecyclable material for the city, or make such other arrangements as may be
acceptable to the city's representative, to ensure the proper handling and disposal of the
nonrecyclable material. It is the permittee's duty and responsibility to ensure that all items
collected as recyclable material are, in fact, recyclable, or contain only de minimus
nonrecyclable material.
(Code 1973, 9 11-24.84; Ord. No. 3884, 9 1(11-108), 8-9-2004)
Sec. 86-406. Remedies relating to nonexclusive permit to collect, transport and
process commercial recyclable materials.
Page 26 of 30
(a) It is unlawful for any person, after notice from the city, to employ or continue to
employ any company to transport source separated recyclable materials which
company does not hold a nonexclusive permit issued by the city.
(b) It is unlawful for any person, partnership or corporation to collect, transport or
process source separated recyclable materials without first securing a nonexclusive
permit from the city.
(c) Should any permittee be found, after notice and an opportunity to be heard, by the
city manager, to be in violation of the terms and conditions of this article then the
city manager may suspend or revoke the permit and the right to reapply for same
for a period of up to three years. The decision of the city manager may be appealed
to the city commission upon filing an appeal with the city clerk within ten days after
the issuance of the decision by the city manager.
(Code 1973, S 11-24.85; Ord. No. 3884, S 1(11-109),8-9-2004)
Secs. 86-407--86-427. Reserved.
ARTICLE III. LANDFILL OPERATIONS
Sec. 86-428. Landfill materials.
The filling of land with organic materials such as muck, stumps, logs, trees, wood rubble,
built-up roofing materials, shingles, furniture, trash, leaves, yard trimmings, paper or
garbage shall be prohibited. Inorganic materials such as soil, gravel, bricks, boulders, or
inorganic rubble of concrete, cement blocks, bricks, steel and/or wire mesh may be used to
fill land.
(Code 1973, S 11-41; Ord. No. 1639, S 1, 4-25-1983)
Sec. 86-429. Barrier.
During landfilling operations there shall be an effective barrier to prevent unauthorized
entry into the fill area and to also prevent open viewing by the public.
(Code 1973, S 11-42; Ord. No. 1639, S 2,4-25-1983)
Sec. 86-430. Retention of water; obstruction of drainage.
Under no circumstances shall any fill materials be placed on land that retains water. Fill
materials shall not be deposited in such a manner so as to obstruct or impair natural
drainage from adjacent properties.
(Code 1973, S 11-43; Ord. No. 1639, S 3,4-25-1983)
Sec. 86-431. Responsibility of landfill owner when nuisance conditions exist.
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If any duly authorized representative of the city finds that any of the provisions of this
article have been violated, or if the city determines that a public nuisance or condition
adversely affecting the public health, safety and welfare exists as a result of a landfill
operation, the landfill owner shall immediately cease operation and the property owner
shall be notified and held responsible for restoring the land to an acceptable condition as
may be prescribed by the city. Failure to do so will be causefor the owner to be held in
violation of this article.
(Code 1973, S 11-44; Ord. No. 1639, S 4,4-25-1983)
Sec. 86-432. Compliance with other regulations and standards.
All landfill operations shall be in compliance with all other municipal, county, state and
federal regulations, which include, and are not limited to, the Florida Air and Water
Pollution Control Act, and the Florida Safe Drinking Water Act, and standards adopted
thereunder.
(Code 1973, S 11-45; Ord. No. 1639, S 5,4-25-1983)
Sec. 86-433. Exemption of governmental landfill operations.
Governmental entities, and their employees and agents, when properly permitted by
necessary regulating authorities, and when operating a landfill for the express purpose of
serving the public during the course of a governmental service, are exempt from the
provisions of this article. All governmental landfill operations shall be in compliance with
other municipal, county, state and federal regulations pertaining to landfill operations.
(Code 1973, S 11-46; Ord. No. 1639, S 6,4-25-1983)
Sec. 86-435. Enforcement.
Violations of this article may be processed as misdemeanors by an authorized agent of the
city.
(Code 1973, S 11-48; Ord. No. 1639, S 8,4-25-1983)
SECTION 2. PENAL TIESNIOLA TIONSIINTERPRET A TION OF ORDINANCE!
RECONCILIATION WITH FRANCHISE AGREEMENT/CHARGES.
Any person violating any of the provisions of this Ordinance shall be punished to the
maximum extent as provided in State law as set forth in Section 162.22, F/orida Statutes,
and other controlling legal authority. All persons participating in, or contributing to, a
violation of this Ordinance shall be in violation. The City may engage in any other code
enforcement activities and processes, as it deems appropriate, under the circumstances
and may seek judicial and administrative remedies as deemed appropriate by the City. The
commission of any act prohibited in this Ordinance shall be an unlawful act subjecting the
person so acting to penalties as set forth in this Ordinance and the failure to act in a
manner prescribed in this Ordinance shall be an unlawful act subjecting the person so
acting to penalties as set forth in this Ordinance. In the event that the City prevails in any
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enforcement action under the provIsions of this Ordinance, it shall be entitled to
reimbursement of any and all legal costs and expense incurred by the City. Each act of
unpermitted collection of a recovered material at a commercial premise or other violation of
this Ordinance shall constitute a separate violation. This Ordinance shall be interpreted in
conjunction with the Franchise Agreement and permits issued by the City. The City
Commission may deviate from the provisions of this Ordinance in entering a Franchise
Agreement as to technical matters of the City. In the event that this Ordinance and the
Franchise Agreement conflict, the provisions of the Franchise Agreement shall prevail. In
the event that the provisions of this Ordinance and the Franchise Agreement have
equivalent effect, those provisions may be enforced by the City either as a matter of
contract or as a matter of code enforcement regulatory authority. In the event that a
provision of this Ordinance is applicable and no similar provision is set forth in the
Franchise Agreement, the provisions of this Code shall be applicable. The City
Commission may amend the charges and fees set forth in this Ordinance by adoption of
resolutions from time-to-time. Nothing contained in this Ordinance shall be construed or
interpreted to include the City in the definition of agency contained in Section 120.52,
Florida Statutes, or to otherwise subject the City to the application of the Florida
Administrative Procedures Act, Chapter 120, Florida Statutes.
SECTION 3. REPEALER.
Sections 86-31 through 86-435 of the City Code of the City of Sanford are hereby
repealed.
SECTION 4. CONFLICTS/EXISTING CONTRACT.
(1) All ordinances and resolutions or parts of ordinances and resolutions in
conflict be and the same are hereby repealed.
(2) The extension of the Franchise Agreement in effect on the effective date of
this Ordinance shall continue into effect pursuant to the terms of this
Agreement with the City and, notwithstanding the provisions of this
Ordinance, the provisions of the City Code in effect at the time said
Agreement was entered, and upon which the parties relied, shall apply to the
interpretation of and performance under said Agreement.
SECTION 5. SEVERABILITY.
If any provision of this Ordinance or the application thereof to any person or circumstance
is held invalid, the remainder shall nevertheless be given full force and effect, and to this
end the provisions of this Ordinance are declared severable.
SECTION 6. CODIFICATION.
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This Ordinance shall be codified in the City Code of the City of Sanford. The Code codifier
is granted liberal authority to change the words "Ordinance" and other words and the
phrase "in this Ordinance" and other phrases to reflect the Chapter, Section, Article, etc.,
assigned in the Code, and to otherwise codify this Ordinance, except that Sections 3, 4, 5,
6 and 7 shall not be codified. Additionally, the code codifier may determine which
provisions of Section 11-8 need not be codified as is otherwise granted broad and liberal
authority.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall become effective immediately upon its adoption.
PASSED and ADOPTED this 11th day of June, 2007.
Attest:
City Commission of the City of Sanford,
Florida
~~~~,. Q
Linda hn, Mayor .
~lff< .IJw~
~net R. Dougherty, C y Clerk
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 4059, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 11th day of June,
2007, was posted at the front door of the City Hall in the City of Sanford, Florida, on the
14th day of June, 2007.
~pff<. j)(k'J~
~met R. Dougherty, Ci. Clerk
City of Sanford, Florida
1:\Danielle\KWMc\Cities\SANFOR D\Ordinances\Solid Waste Revisions.doc
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