HomeMy WebLinkAbout4191 Solid Waste Franchise Agrmt
Ordinance No. 2009-4191
An ordinance of the City of Sanford, Florida amending Section 86-72
of the City Code of the City of Sanford relating to solid waste and
pertaining to solid waste franchise agreements; providing for
minimal and limited exclusions from the exclusivity of the City's
solid waste franchise program for owners of single family residences
and those businesses who conduct certain prescribed operations or
activities; providing for certain conditions, requirements and
limitations; providing for the requirement of a permit; providing for
implementing administrative actions; providing for conflicts;
providing for a savings provision; providing for codification in the
City Code of the City of Sanford; providing for severability and
providing for an effective date.
Be it enacted by the People of the City of Sanford, Florida:
Section 1. Amendment to Section 86-72 of the Citr Code. Section 86-72,
City Code of the City of Sanford, is amended to read as follows:
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 applios to all : provided. however. that:
ill persons exoept thoso utilizing their personal motor vehicle. as defined in Section
316.003 (21), Florida Statutes. passongor OaFS, st3tion ':)agons or piokup truoks of Q!
trailers appropriatelv sized and operational. that has no detachable container. and that
is suitable for use on streets and hiahwavs. pulled bv such personal motor vehicles.
may. onlv durina personal intermittent construction activities related to their own sinale
familv residential real property. transport no more than fifteen (15) cubic yards of
construction and demolition debris or industrial waste aenerated from their own real
property and the work accomplished thereon. and with no more than fifteen (15) cubic
yards of construction and demolition debris or industrial waste beina transported for
each personal iob relatina to the property owned bv the property owner ono ton or loss
oapaoity to tmnsport itoms from the a sinale familv residence owned and occupied by
the person. but onlv to a solid wosto or Fooyoling facility specificallv designated or
approved by the City: and
(2), persons who own a lawful business operatina within the City. for which the local
business tax has been paid or which business is otherwise authorized to conduct
business activities within the City. and which business conducts operations or activities
within which the transportation of construction and demolition debris or industrial waste
is an intearal and normative part of the performance of that business (such as. bv way
of example on Iv: replacement roofina. remodelina or small landscape proiects). as
determined bv the City Manaaer. or desianee. but which business shall not include the
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construction of new structures on a lot. tract or Darcel of real orooertv: may transoort.
usina on Iv the business' motor vehicle and an aoorooriatelv sized and ooerational
trailer. that has no detachable container. and that is suitable for use on streets and
hiahwavs. no more than fifteen (15) cubic yards of construction and demolition debris or
industrial waste from a sinale familv residence. at which the business is beina
oerformed for the owner of the real orooertv. and resultina from the oermitted business
activity at the real orooertv. to a facilitv soecificallv desianated or aooroved bv the City.
but onlv after issuance of an annuallv imoosed residential sinale familv residence
construction and demolition debris or industrial waste nonexclusive license bv the City
for such amounts not exceedina the above-stated fifteen (15) cubic yards for each
oermitted activity on the real orooertv: orovided. however. that the amount of the license
fee shall be established bv resolutions adooted from time-to-time bv the City
Commission: orovided. further. however. that allloaos on motor vehicles and eauioment
must have deoict the same business name as the business name of the licensee.
(3), The City may enforce the orovisions of this Section bv any means available to the
City under the City Code of the City of Sanford or as may be available under the
controllina orovisions of State law.
Section 2. Implementing administrative actions.
The City Manager is hereby authorized and directed to implement the provisions
of this Ordinance and to take all appropriate actions such as, and to include, the
adoption of administrative rules and the promulgation of forms.
Section 3. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 4.
Savings.
The prior actions of the City of Sanford relating to solid waste franchises are
hereby ratified and affirmed.
Section 5. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 6. Codification.
This Ordinance shall be codified in the City Code of the City of Sanford; provided,
however, that Sections 3, 4, 5, 6 and 7 shall not be codified. The Code Codifier is
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granted broad and liberal authority to change section numbers in the current City Code
and other appropriate actions as set forth in Section 1-10 of the City Code.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 9th day of November, 2009.
City Commission of the City of
Sanford, Florida Seminole County,
Florida
C:~~n. M~Y~~
Attest:
Approved as to form and
legality:
6Yl DO J
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