3884ORDINANCE NO. 3884
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA RELATING TO
SOLID WASTE AND RECYCLING SERVICES AND SOLID WASTE AND
RECYCLING SERVICES MANAGE..MENT; PROVIDING FOR ..A.
STATEMENT OF LEGISLATIVE INTENT, PROVIDING FOR DEFINITIONS,
PROVIDING FOR EXCLUSIVE FRANCHISES; PROVIDING FOR
CONTRACTOR STANDARDS; PROVIDING FOR PROHIBITED AND
UNLAWFUL ACTS; PROVIDING FOR AGREEMENTS; PROVIDING FOR
TYPES OF SERVICES; PROVIDING FOR PROCESSES AND
PROCEDURES; PROVIDING FOR TERMS OF FRANCHISE
AGREEMENTS; PROVIDING FOR PERMITS; PROVIDING FOR DUTIES
AND OBLIGATIONS OF CONTRACTORS, PERMITTEES AND
CUSTOMERS; PROVIDING FOR POWERS OF THE CITY, THE CITY
COMMISSION, THE CITY MANAGER AND A CITY REPRESENTATIVE;
PROVIDING FOR INSURANCE AND INDEMNIFICATION; PROVIDING FOR
SERVICES, CHARGES AND RATES; PROVIDING FOR MANDATORY
SERVICES; PROVIDING FOR THE ASSESSMENT, ESTABLISHMENT
AND COLLECTION OF FEES AND CHARGES; PROVIDING FOR LIENS;
PROVIDING FOR ACCOUNT MANAGEMENT; PROVIDING FOR
APPEALS; PROVIDING FOR REMEDIES; PROVIDING FOR
APPLICABILITY OF ORDINANCE AND APPLICATION OF PROVISIONS
IN VARIOUS CIRCUMSTANCES; PROVIDING FOR ACCOUNT
MANAGEMENT AND OTHER FINANCIAL MATTERS; PROVIDING FOR
PENALTIES/VIOLATIONS, THE INTERPRETATION OF THE ORDINANCE,
AND THE RECONCILIATION OF ORDINANCE WITH FRANCHISE
AGREEMENTS; PROVIDING FOR RULEMAKING; PROVIDING FOR THE
REPEAL OF SECTIONS 11-1 THROUGH 11-24.1 OF THE ClTYCODE OF
THE CITY OF SANFORD AND THE REVISION OF CHAPTER 11 OF SAID
CODE AS SET FORTH IN SAID SECTIONS; PROVIDING FOR
ADMINISTRATIVE PROCEDURES; PROVIDING FOR VARIANCES;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION AND POWERS OF THE CODE
CODIFIER AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
CHAPTER 11
SECTION 1.
SOLID WASTE AND RECYCLING
REVISION OF ARTICLE 1. CHAPTER 11. CITY CODE.
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The following provisions
(sections) are hereby enacted to replace the provision of Section 11-1 through 11-24.1, Article 1,
Chapter 11 of the Cify of Sanford City Code:
INITIAL PROVISIONS
Sec. 11-1 STATEMENT OF LEGISLATIVE INTENT/APPLICABILITY
(1) It is the intent of the City Commission of the City of Sanford to require all persons within
the corporate boundaries of the City of Sanford to have their solid waste and recyclable materials
collected, transported and disposed of in a proper, sanitary and efficient manner; to make available to
all persons a sanitary efficient means of having their solid waste and recyclable materials collected,
transported and disposed of; to eliminate illegal dumping; to provide an effective method of paying the
costs for the services rendered; and to promote the health, safety and welfare of the citizens of the City.
(2) It is further the intent of the City Commission that the collection, transporting and disposal
of solid waste and recyciable 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.
(3) 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 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 Ordinance regulates solid waste management and recycling activities and facilities within
City.
(4) This Ordinance 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.
Sec. 11-2 DEFINITIONS/INCORPORATION BY REFERENCE
(a) For the purpose of this Ordinance, 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: The actual fee charged by the solid waste facility to the collector
for disposal charges.
ADMINISTRATIVE FEES: Fees collected by the City for covering the C ty s adm n~stratlve 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: The solid waste Franchise Agreement and all written amendments to it.
APPROVED CONTAINER: A container approved by the City for the temporary reception and
storage of refuse pending transportation to a permanent disposal site.
BAGS:Non-dissolvable plastic bags designed to store and enclose garbage or yard waste with
sufficient wall strength to maintain physical integrity when lifted by the top.
BIOLOGICAL WASTE: 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: Any solid waste or liquid waste, which may present a threat of infection
to humans. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory
and veterinary waste which contain human-disease-ceusing agents; discarded disposable sharps;
human blood, human blood products and body fluids; and other material which, in the opinion of the
appropriate agency or agencies of Florida State government, represents a significant risk of infection
to persons outside the generating facility.
BULK WASTE: All accumulations of yard waste or junk that requires additional handling, but
which does not require more than two (2) 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: Four (4) wheels attached to the underside of a container so that it may be rolled.
CITY: The City of Sanford
CITY'S REPRESENTATIVE: The City Manager or designee.
COLLECTION: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 SOUD WASTE: Garbage, bulk waste, trash or yard waste that is not 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 (4) residential units under one (1) roof, and other sites that do not generate residential
solid waste.
COMMERCIAL UNIT: 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,
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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 then four (4) residential units under one (1) roof, and other sites that do not generate
residential solid waste.
CONSTRUCTION AND DEMOLITION DEBRIS: Discarded materials generally considered to be
non-water soluble and non-hazardous 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 and clean
cardboard, paper, plastic, wood, or metal scraps from a construction project.
CONTAINER: 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: A Franchise Agreement.
CONTRACTOR: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 Ordinance.
CONTRACTOR-GENERATED WASTE: Bulk trash or bulk yard trash generated by builders,
building contractors, privately employed tree trimmer sand tree surgeons, landscape services and lawn
or yard maintenance services and nurseries.
COUNTY: Seminole County, Florida, a political subdivision of the State of Florida.
CUSTOMER: A person or entity in the corporate limits of the City obtaining residential or
commercial collection service from a Contractor.
DESIGNATED DISPOSAL FACIUTY: The Disposal Facility(les) 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 RECYCUNG FACILITY: The Materials Recovery Facility(les) designated by the
City for recovery of recyclable materials.
DISPOSAL CHARGES: The prevailing rates charged for disposal or processing of items at
Designated Facilities.
DRYRUN: 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.
EXEMPT WASTE: Bio-hazardous or bio-medical 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 PICKUI~. Emptying a Customer's container on more than its normal sequencing occurring
when a Customer's waste generation requirements exceed scheduled service.
FRANCHISE AGREEMENT: 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 Ordinance as well as the provisions of this Ordinance.
FRANCHISE FEE: The amount of money which the Contractor shall be obligated to pay to the
City for exclusive contract rights as defined in this Ordinance and the Franchise Agreement. The
Franchise Fee shall not be separately listed on any invoices.
FRONT-LOAD CONTAINER: A large metal or plastic box for commercial solid waste or recyclable
material, usually of the two (2) cubic yard to eight (8) cubic yard size, which is lifted by mechanical
means which containers will normally have plastic lids.
FURNITURE: All accumulations of sofas, chairs, tables, mattresses, small televisions, DVD
players and other similar domestic and commercial small appliances.
GARBAGE~II 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: Any commonly available light gauge steel, plastic or galvanized receptacle of
a non-absorbent material, closed at one (1) end and open at the other, and without any jagged or sharp
edges, furnished with a tightly fitted top or lid and handle(s) and has a capacity not to exceed forty (40)
gallons.
GARBAGE CART: Any commonly available light gauge steel, plastic or galvanized receptacle
of a non-absorbent material, closed at one end and open at the other, and without any jagged or sharp
edges, fumished with a tightly fitted top or lid and handle(s), and has a capacity of at least sixty-four (64)
gallons.
HAZARDOUS WASTE: Any solid waste that is regulated by the Florida, Department of
Environmental Protection (FDEP) as a hazardous waste pursuant to Chapter 62-730, Florida
Administrative Code, its successor provisions, or any other material regulated as a hazardous waste
pursuant to any applicable local, regional, State or Federal law.
INDUSTRIAL WASTE: The waste products of canneries, fisheries, slaughterhouses or packing
plants; condemned food products; agricultural waste products; waste and debris from brick, concrete
block, roofing shingles, or tile plates; debris and wastes accumulated from land clearing, excavating,
building, rebuilding and the altering of buildings, structures, roads, streets, sidewalks or parkways; and
other solid waste products generated from industrial processing or manufacturing activities.
JUNK'JAll tangible items such as furniture, white goods, bicycles, or smaller property 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: A master key type padlock (furnished by the contactor or permittee) that is used in
conjunction with a steel bar, chains, etc. to secure a container or its contents.
MATERIALS RECOVERY FACILITY (MRF): 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 Section 403.7046, Florida Statutes, or its successor.
MULTIPLE-FAMIL Y RESIDENCE: 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,
condominium.
MULTIPLE-FAMILY UNIT: 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, condominium.
NON-COLLECTION NOTICE: A form or tag used by the Contractor to notify Customers of the
reason(s) for non-collection of materials set out for collection by the Customer for collection by the
Contractor pursuant to the Franchise Agreement.
NONEXCLUSIVE PERMITTEE OR PERMITTEE: The individual, partnership or corporation
who/which holds a nonexclusive permit to collect, transport and process recyclable materials.
OWNER:The person designated on the real property tax roll maintained by the Seminole County
Property Appraiser for each parcel of improved real property.
PERSON: 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): Local recovery facility/facilities mutually agreed upon by the
Contractor and the City.
RECOVERED MATERIALS: 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 require subsequent processing or separation
from each other, but does not include materials destined for any use that constitutes disposal.
RECYCLABLE MATERIAL: Those materials which are capable of being recycled and which
would otherwise be processed or disposed of as solid waste.
RECYCLING: 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.
RECYCUNG BIN: A rigid receptacle made of plastic or other suitable substance of no less than
fourteen (14) gallons capacity.
RESlDENT: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: Semi-automated or automated collection service.
RESIDENTIAL SOUD WASTE: Solid waste originating from residential property occupied by four
(4) or fewer Residential Units under one (1) roof per parcel of land.
RESIDENTIAL UNIT: 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: 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 twenty (20), thirty
(30), or forty (40) cubic-yard size, which are lifted by mechanical means which roll-offs may be either
open top or enclosed compaction type.
RUBBISH: 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, offices 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: The municipal (City) limits of the City.
SiNGLE-FAMILY RESIDENCE: A single structure or building or mobile home intended for or
capable of being utilized for single-family residential living.
SOLID WASTE: 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 SEPARA TED: Recovered Materials, which are separated from solid waste where the
recovered materials and solid waste are generated. The separation of various types of recovered
materials from each other is not required and de minirnus solid waste, in accordance with industry
standards and practices, may be included in the recovered materials. Materials are not considered
Source Separated when such materials contain more than ten percent (10%) solid waste by volume or
weight.
SPECIAL WASTES: Those wastes that require extraordinary management activities including,
but not limited to, automobiles or automobile parts, boats or boat parts, internal combustion engines,
non-automobile 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: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.Accumulations of refuse, paper, paper boxes and containers, rags, sweepings, all other
accumulations of a similar nature including, but not limited to, and broken toys, tools, equipment, and
utensils.
UNCONTROLLABLE FORCES: 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 non-performing 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: Accumulations of inoperative and discarded refrigerators, ranges, washers,
dryers, water heaters, freezers, and other similar domestic and commercial large appliances.
YARD TRASH: Accumulations of vegetative matter resulting from landscaping maintenance and
land clearing operations.
YARD WASTE: 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) Chapters 62-701, 62-709 and 62-711, Florida Administrative Code, as amended, are
adopted and incorporated into this Ordinance by reference.
SOLID WASTE AND RECYCLING EXCLUSIVE FRANCHISE
Sec. 11-3 EXCLUSIVE FRANCHISE
(1) 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 Ordinance such as the provisions pertaining
to nonexclusive permits for commercial recycling.
(2) All residential recyclable material generated and accumulated within the corporate
boundaries of the City shall be collected and removed by the Contractor.
(3) As to any Franchise Agreement that may be in effect on the effective date of this
Ordinance, said agreement may be extended until a new franchise is procured by the City; provided,
however, that, should the City be unable to enter an extension agreement, the City may enter an interim
agreement with a party of its selection.
(4) 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 Ordinance. It is unlawful to violate the provisions of this Section.
Sec. 11-4 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)
materials.
(3)
Be fully enclosed or covered so as to prevent the escape of any solid waste or recyclable
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.
Sec, 11-$ PROHIBITED ACTS
It shall be unlawful for any person to do any of the following or to otherwise violate the provisions
of this Ordinance:
(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 convey or 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 be required by this Ordinance 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 solid 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 Ordinance 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.
(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 Ordinance.
(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
(7) 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.
Sec. 11-6 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 Ordinance and such rules and
regulations as the City shall prescribe for the removal, transportation and disposal of such solid waste.
The rates currently in effect in the City of Sanford shall continue to be charged until modified by a
resolution adopted by the City Commission.
Sec. 11-7 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 Ordinance and implementing rules. Such Franchise Agreement shall be exclusive and
the term may be for a period of time up to five (5) years.
Sec. 11-8 AWARD OF FRANCHISE AGREEMENT
The City's Representative shall be authorized to negotiate with the City's current Contractor, as
may be permitted by law, for the extension or renewal of a Franchise Agreement with or without
amendment, for an additional period not to exceed five (5) years, subject to approval by the City
Commission. If the City's Representative is not able to successfully negotiate either an extension or a
renewal of the current Franchise Agreement, or the City Manager, or designee, shall decline to approve
any such extension or renewal, 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 may be extended from month to month until such time as a
successor Contractor may be procured by the City.
Sec. 11-9 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 (5) days demand by the City
at all reasonable times within the City for the purpose of determining the amount of roll offFranchise Fees due to
the City. Said books shall not generally be audited more than two (2) 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.
Sec. 11-10 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 Ordinance.
(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.
Sec. 11-11 TRANSFERABILITY; EXCLUSMTY
(1) No Franchise Agreement shall be transferred or assigned to another person without first obtaining
the written and formal approval of the City Commission.
(2) No person may provide residential or commercial solid waste services in the City pursuant to a
Franchise Agreement with the City.
Sec. 11-12 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 and the Contractor's telephone number.
See. 11-13 FRANCHISE AGREEMENT REQUIRED
~ l}rafter's Note: For example, at the time of thc enactment of this Ordinance, the residential solid waste customer is charged $13.75 a month
for residential service. Of this amount, after the City recoups billing and admmisiration costs, the franchisee is paid $12.05 less the franchise
fee for a total payment to the franchisee of $10.24.
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No person shall collect or transport solid waste or recyclable materials except as provided in this Ordinance.
This provision applies to ail persons except those utilizing their personai passenger cars, station wagons or pick-up
trucks of one (1) 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.
Sec. 11-14 RESIDENTIAL CURBSIDE AND ALLEY SOLID WASTE SERVICE
(1) The Contractor shall collect, transport and dispose of, twice per week, an unlimited amount of solid
waste from each residentiai unit, provided the solid waste is contained in garbage cans or bags.
(2) The days for collection shall be Monday/Thursday for ail residential units located East of United
States Highway 17/92 and Tuesday/Friday for ail residentiai units located West of United States Highway 17/92.
Sec. 11-15 RESIDENTIAL CURBSIDE AND ALLEY YARD WASTE SERVICE
(1) The Contractor shall collect, transport and dispose of, once per week, an unlimited amount of yard
waste from each residential unit, provided the yard waste is contained in garbage cans, bags or tied bundles.
(2) The day for collection shail be Wednesday.
(3) Residentiai yard waste does not include items as defined in this Ordinance as Contractor-Generated
Waste or Exempt Waste.
(4) The Contractor shail collect, transport and dispose of, at no additionai charge, discarded Christmas
trees, whether whole or otherwise, placed curbside or ailey.
Sec. 11-16 RESIDENTIAL CURBSIDE AND ALLEY FURNITURE SERVICE
(1) The Contractor shall collect, transport and dispose of, once per week, an unlimited amount of
furniture from each residentiai unit, provided the furniture does not weigh more than fifty (50) pounds each or exceed
ten (10) feet in length.
(2) The day for collection shall be on the second solid waste collection day of the week.
Sec. 11-17 RESIDENTIAL CURBSIDE AND ALLEY WHITE GOODS SERVICE
(1) The Contractor shall collect, transport and dispose of, once per week, an unlimited amount of white
goods from each residentiai unit, provided the white goods do not weigh more than fifty (50) pounds each or exceed
ten (10) feet in length.
(2) The day for collection shall be Wednesday. Customers shall notify the City of such collection no later
than 5:00 P.M. the day before the scheduled white goods collection day.
Sec. 11-18 RESIDENTIAL CURBSIDE AND ALLEY "COMMUNITY CLEAN UP DAY" BULK
WASTE, YARD WASTE AND JUNK SERVICE
(1) The Contractor shail collect and transport and dispose of, two (2) times per year, in April and in
October, at no additional charge, unlimited amounts of bulk waste, yard waste and junk from each residential unit
and City rights-of-way during "Community Clean Up Day", provided the bulk waste, yard waste and junk can be
picked up by two (2) persons, does not weigh more than fifty (50) pounds each or exceed ten (10) feet in length.
The Contractor shail affix a non-collection notice to items not in compliance.
(2) The day for collection shall be on Saturday as follows:
12
FIRST Saturday in April and October:
Residential units located East of United States Highway 17/92 andNorth of 20'~ Street
SECOND Saturday in April and October:
Residential units located East of United States Highway 17/92 and South of 20'~ Street
THIRD Saturday in April and October:
Residential units located West of United States Highway 17/92 and North of 25th Street
FOURTH Saturday in April and October:
Residential units located West of United States Highway 17/92 andSouth of 25'h Street
All collection shall occur between the htntrs of 7.'00 A.M. and 7.'00 P.M. inclusive
(3) Residential bulk waste, yard waste and junk do not include items as defined in this Ordinance as
Contractor-Generated Waste or Exempt Waste.
(4) The Contractor shall affix a non-collection notice to items not in compliance.
Sec. 11-19 RESIDENTIAL CURBSIDE AND ALLEY AUTOMOBILE TIRE AND AUTOMOBILE
BATTERY SERVICE
(1) The Contractor shall collect, transport and dispose of, automobile tires and automobile batteries, at
no additional charge, from each residential unit in accordance with all State and Federal disposal requirements,
provided the automobile tires and automobile batteries can be picked up by two (2) persons and does not weigh more
than fifty (50) pounds each. The Contractor may impose an additional charge, with prior written approval of the
City's Representative, if the following annual maximums are exceeded by the residential Customer: eight (8)
automobile tires; two (2) automobile batteries. Reports, in a form acceptable to the City, indicating addresses and
total amounts collected shall be maintained by the Contractor and submitted to the City on a monthly basis.
(2) The day for col/ection shall be Friday. Customers shall notit~ the City of such collection no later than
5:00 P.M. the day before the scheduled automobile tire and automobile battery collection day.
Sec. 11-20 RESIDENTIAL SIDE-DOOR SERVICE
With regard to all residential solid waste and residential recycling services, the Contractor shall provide side-
door collection, transportation and disposal services, at no additional charge, for all disabled persons who are unable
by reason of age or infirmity to place their items curbside or alley if the solid waste or recyclable material are placed
in appropriate containers as set forth in this Ordinance. Pursuant to the Americans with Disabilities Act (ADA),
those residents of the City who present a notarized certificate from a licensed physician attesting to the fact such
person is disabled shall be exempt from placing their items corbside or alley. The City must receive the required
certification from the disabled persons annually and the City will subsequently noti~ the Contractor. The Contractor
agrees to collect items of such disabled persons in any mutually convenient place on the premises of such disabled
persons, except, the Contractor will not be required to go into houses or other dwellings.
Sec. 11-21 RESIDENTIAL CURBSIDE AND ALLEY RECYCLABLE MATERIAL SERVICE
(1) The Contractor shall collect, transport and dispose of, once per week, an unlimited amount of
recyclable materials from each residential unit, provided the recyclable materials are contained in Contractor provided
recycling bins.
13
(2) The day for collection shall be as follows:
MONDAY Recyclable Material Collection Day
Residential Units located East of United States Highway 17/92 andNorth of 20th Street
TUESDAY Recyclable Material Collection Day
Residential Units located West of United States Highway 17/92 andNorth of2Yh Street
THURSDAy Recyclable Material Collection Day
Residential Units located East of United States Highway 17/92 and South of 20th Street
FRIDAY Recyclable Material Collection Day
Residential Units located West of United States Highway 17/92 and South of 25tn Street
Sec. 11-22 RESIDENTIAL CURBSIDE AND ALLEY RECYCLABLE MATERIAL TO BE
COLLECTED
The Contractor shall collect the following recyclable material: newspapers (including, but not limited to,
inserts), magazines and catalogs, clear, green and brown glass bottles and jars, plastic bottles (Numbers 1 - 7 which
numbers are located on the bottom of containers), aluminum and steel cans (including, but not limited to, empty
aerosol cans), and any other recyclable material as required by the City.
Sec. 11-23 RESIDENTIAL CURBSIDE AND ALLEY 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 non-collection 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 Contractor shall not be
required to collect the material at that time. The Contractor shall immediately affix to the recycling bin a non-
collection 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.
See. 11-24 RESIDENTIAL CURBSIDE AND ALLEY SERVICE RATES (INCLUSIVE OF ALL
RESIDENTIAL SERVICES AS INDICATED ABOVE)
Rates for residential curbside and alley service, as stated, shall be as set forth in a Franchise Agreement.
Sec. 11-25 RESIDENTIAL CURBSIDE AND ALLEY ADDITIONAL BULK WASTE, YARD
WASTE AND JUNK SERVICE
(1) The Contractor shall collect, transport and dispose of, once per week, at an additional charge,
unlimited amounts of additional bulk waste, yard waste and junk from each residential unit, generated at times other
than the scheduled two (2) "Community I " '
C ean Up Day collections in April and October, provided the additional
bulk waste, yard waste and junk can be picked up by two (2) persons, does not weigh more than fifty (50) pounds
each or exceed ten (10) feet in length. The Contractor shall affix a non-collection notice to items not in compliance.
(2) ~h ,Tbe, davy fo~,coll ,e~tion shall be Friday. Customers shall notify the City of such collection no later than
5:00 P.M. t e aay oerore the scheduled additional bulk waste, yard waste and junk collection day.
(3) Residential additional bulk waste, yard waste and junk do not include items as defined in this
Ordinance as Contractor-Generated Waste or Exempt Waste.
(4) Costs will be determined by the amount of material to be collected. The Residential Supervisor for
the Contractor shall estimate the yardage for collection. In the event of a dispute in yardage, the City's
Representative will make the final determination.
See. 11-26 RESIDENTIAL CURBSIDE AND ALLEY AI)DITIONAL BULK WASTE, YAR1)
WASTE AND JUNK RATES
Rates for residemial curbside and alley additional bulk waste, yard waste and junk service, as stated, shall be
as set forth in a Franchise Agreement.
See. 11-27 RESIDENTIAL CURl/SIDE AND ALLEY NON-COLLECTION NOTICES
The Contractor shall supply and maintain sufficient amounts, at Contractor's expense, of non-collection
notices, identifying why collection services were not provided as required by this Ordinance or otherwise by the City
and shall affix such non-collection notices to all items not removed on scheduled collection days. All notification
materials shall be subject to approval by the City's Representative.
See. 11-20 RESIDENTIAL CURBSIDE AND ALLEY APPROVED CONTAINERS
All residential solid waste shall be placed in any commonly available light gauge steel, plastic or galvanized
receptacle ora non-absorbent material, closed at one (1) end and open at the other, and without any jagged or sharp
edges, furnished with a tightly fitted top or lid and handle(s), which receptacle shall have a capacity not to exceed
forty (40) gallons nor weigh more than fifty (50) pounds each when full. Plastic bags which are non-dissolvable,
designed to store and enclose garbage or yard waste, with sufficient wall strength to maintain physical integrity when
li~ed by the top, and weighing no more than fifty (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 fifty (50) pounds in weight. Bundles shall
be no longer than five (5) feet or contain branches larger than five (5) 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.
See. 11-29 RESIDENTIAL CURBSIDE AND ALLEY LOCATION OF COLLECTION
All residential curbside and alley collection, with the exception of side-door collection as set forth in this
Ordinance, shall be placed in approved containers at locations that are readily accessible to the Contractor and their
equipment, normally not to exceed eight (8) feet from the curb or edge oftbe 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. oftbe 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 thirty
(30) days prior to the proposed implementation.
See. 11-30 RESIDENTIAL CURBSIDE AND ALLEY MANNER OF COLLECTION
The Contractor shall perform collection services with as little disturbance as reasonably possible and without
15
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.
Sec. 11-31 RESIDENTIAL CURBSIDE AND ALLEY HOURS OF COLLECTION
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 (4) 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 thirty (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.
Sec. 11-32 RESIDENTIAL CURBSIDE AND ALLEY HOLIDAY COLLECTION
Residential curbside and alley collection shall not be made on Thanksgiving Day, Christmas Day, New Years
Day and any other day on which all City approved Florida Department of Environmental Protection permitted solid
waste disposal facilities are closed. Collections that would normally occur on these holidays shall be re-scheduled
on the next regularly scheduled collection day. The Contractor, at Contractor's expense, shall notif3' the affected
Customers by publication of notice in The Orlando Sentinel and/or The Seminole Herald, as required by the City,
at least ten (10) days before the holiday on which collection will not be made. The notification materials shall be
subject to approval by the City's Representative in advance. 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
thirty (30) days prior to the proposed implementation.
Sec. 11-33 RESIDENTIAL CURBSIDE AND ALLEY BILLING AND PAYMENT
The City will perform aH residential curbside and alley 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 Ordinance. All payments to the City shall be paid by the Customer within ten (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.
Sec. 11-34 COMMERCIAL CURBSIDE AND ALLEY SOLID WASTE SERVICE
(1) The Contractor shall collect, transport and dispose of, twice per week, an unlimited amount of solid
waste from each commercial unit, provided the solid waste is contained in garbage cans or bags.
(2) The days for collection shall be Monday/Thursday for aH commercial units located East of United
States Highway 17/92 and Tuesday/Friday for all commercial units located West of United States Highway 17/92.
Sec. 11-35 COMMERCIAL CURBSIDE AND ALLEY YARD WASTE SERVICE
(1) The Contractor shall collect, transport and dispose of, once per week, an unlimited amount of yard
waste from each commercial unit, provided the yard waste is contained in garbage cans, bags or tied bundles.
(2) The day for collection shall be Wednesday.
(3) Commercial yard waste does not include items as defined in this Ordinance as Contractor-Generated
Waste or Exempt Waste.
Sec. 11-36 COMMERCIAL CURBSIDE AND ALLEY AUTOMOBILE TIRE AND AUTOMOBILE
BATTERy SERVICE
16
(1) The Contractor shall collect, transport and dispose of automobile tires and automobile batteries, at
no additional charge, from each commercial unit in accordance with all State and Federal disposal requirements,
provided that the automobile tires and automobile batteries can be picked up by two (2) persons and does not weigh
more than fifty (50) pounds each. The Contractor may impose an additional charge, with prior written approval of
the City's Representative if the following annual maximums are exceeded by the commercial Customer: eight (8)
automobile tires; two (2) automobile batteries. Reports, in a form acceptable to the City, indicating addresses and
total amounts collected shall be maintained by the Contractor and submitted to the City on a monthly basis.
(2) The day for collection shall be Friday. Customers shall notify the City of such collection no later than
5:00 P.M. the day before the scheduled automobile tire and automobile I~attery collection day.
Sec. 11-37 COMMERCIAL SIDE-DOOR SERVICE
With regard to all commercial solid waste and commercial recycling services, the Contractor shall provide
side-door collection, transportation and disposal service, at no additional charge, for all disabled persons who are
unable by reason of age or infirmity to place their items curbside or alley if the solid waste or recyclable material is
placed in appropriate containers as set forth in this Ordinance. Pursuant to the Americans with Disabilities Act
(ADA), those persons of the City who present a notarized certificate from a licensed physician attesting to the fact
such person is disabled shall be exempt from placing their items cuthside or alley. The City must receive the required
certification fi.om the disabled persons annually and the City will subsequently notil~ the Contractor. The Contractor
agrees to collect items of such disabled persons in any mutually convenient place on the premises of such disabled
person; provided, however, that the Contractor will not be required to go into businesses or other establishments.
Sec. 11-38 COMMERCIAL CURBSIDE AND ALLEY RECYCLABLE MATERIAL SERVICE
(1) The Contractor shall collect, transport and process once per week, an unlimited amount of recyclable
material fi.om each commercial unit, provided the recyclable materials are contained in Contractor provided recycling
bins.
(2) The day for collection shall be as follows:
MONDAY Recyclable Material Collection Day
Commercial Units located East of United States Highway 17/92 cmd North of 20'h Street
TUESDAY Recyclable Material Collection Day
Commercial Units located West of United States Highway 17/92 andNorth of25'h Street
THURSDAYRecyclable Material Collection Day
Commercial Units located East of United States Highway 17/92 and South of 20'~ Street
FRIDAY Recyclable Material Collection Day
Commercial Units located West of United States Highway 17/92 and South of25'~ Street
Sec. 11-39 COMMERCIAL CURBSIDE AND ALLEY RECYCLABLE MATERIAL TO BE
COLLECTED
The Contractor shall collect the following recyclable material: newspapers (including, but not limited to,
inserts), magazines and catalogs, clear, green and brown glass bottles and jars, plastic bottles (Numbers 1 - 7 which
numbers are located on the bottom of containers), aluminum and steel cans (including, but not limited to, empty
17
aerosol cans), and any other recyclable material as required by the City.
Sec. 11-40 COMMERCIAL CURl/SIDE AND ALLEY CONTAMINATED RECYCLABLE
MATERIAL
(1) The Contractor shall not be required to collect recyclable material from commercial units if the
Cust°mer 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 non-collection 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
Contractor shall not be required to collect the material at that time. The Contractor shall immediately affix to the
recycling bin a non-collection notice fully explaining why collection was not made. The Contractor shall not collect
the recyclable material until the commercial unit segregates and cleans the recyclable material.
See. 11-41 COMMERCIAL CURBSIDE AND ALLEY SERVICE RATES (INCLUSIVE OF ALL
COMMERCIAL SERVICES AS INDICATED ABOVE)
Rates for commercial curbside and alley service, as stated, shall be as set forth in a Franchise Agreement.
Sec. 11-42 COMMERCIAL CURBSIDE AND ALLEY ADDITIONAL BULK WASTE, YARD
WASTE AND JUNK SERVICE
(1) The Contractor shall collect, transport and dispose of, once per week, at an additional charge,
unlimited amounts of additional bulk waste, yard waste and junk from each commercial unit, provided the additional
bulk waste, yard waste and junk can be picked up by two (2) persons, does not weigh more than fifty (50) pounds
each or exceed ten (10) feet in length. The Contractor shall affix a non-collection notice to items not in compliance.
(2) The day for collection shall be Friday. Customers shall notify the City of such collection no later than
5:00 P.M. the day before the scheduled additional bulk waste, yard waste and junk collection day.
(3) Commercial additional bulk waste, yard waste and junk do not include items as defined in this
Ordinance as Contractor-Generated Waste or Exempt Waste.
(4) Costs will be determined by the amount of material to be collected. The Residential Supervisor for
the Contractor shall estimate the yardage for collection. In the event of a dispute in cost, t e C~ty s Representative
will make the final determination.
Sec. 11-43 COMMERCIAL CURBSIDE AND ALLEY ADDITIONAL BULK WASTE, YARD
WASTE AND JUNK COLLECTION RATES
Rates for commercial curbside and alley additional bulk waste, yard waste and junk service, as stated, shall
be set forth in a Franchise Agreement.
Sec. 11-44 COMMERCIAL CURBSIDE AND ALLEY NON-COLLECTION NOTICES
The Contractor shall supply and maintain sufficient amounts, at Contractor's expense, of non-collection
notices, identifying why collection services were not provided as required by this Ordinance or otherwise by the City
and shall affix such non-collection notices to all items not removed on scheduled collection days. All notification
materials shall be subject to approval by the City's Representative.
See. 11-45 COMMERCIAL CURBSIDE AND ALLEY APPROVED CONTAINERS
All commercial solid waste shall be placed in any commonly available light gauge steel, plastic or galvanized
receptacle of a non-absorbent material, closed at one (1) end and open at the other, and without any jagged or sharp
edges, furnished with a tightly fitted top or lid and handle(s), which receptacle shall have a capacity not to exceed
forty (40) gallons nor weigh more than fifty (50) pounds each when full. Plastic bags which are non-dissolvable,
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 fifty (50) pounds each when full are also acceptable. All commercial
yard waste shall be placed in garbage cans, bags or tied bundles not to exceed fifty (50) pounds in weight. Bundles
shall be no longer than five (5) feet or contain branches larger than five (5) inches in diameter. The owner, tenant,
lessee or occupant of the premises at the said person's expense shall provide garbage cans and bags. The said
Customer shall maintain garbage cans in good condition.
Sec. 11-46 COMMERCIAL CURBSlDE AND ALLEY LOCATION OF CONTAINERS
All commercial corbside and alley collection, with the exception of side-door collection as set forth in this
Ordinance, shall be placed in approved containers at locations that are readily accessible to the Contractor and their
equipment, normally not to exceed eight (8) 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 thirty
(30) days prior to the proposed implementation.
Sec. 11-47 COMMERCIAL CURBSIDE AND ALLEY 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.
Sec. 11-48 COMMERCIAL CURBSIDE AND ALLEY HOURS OF COLLECTION
All commercial 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 shall be subject to application to and approval by the
City's Representative with the application filed no less than thirty (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.
Sec. 11-49 COMMERCIAL CURBSIDE AND ALLEY HOLIDAY COLLECTION
Commercial curbside and alley collection shall not be made on Thanksgiving Day, Christmas Day, New Years
Day and any other day on which all City approved Florida Department of Environmental Protection permitted solid
waste disposal facilities are closed. Collections that would normally occur on these holidays shall be re-scheduled
on the next regularly scheduled collection day. The Contractor, at Contractor's expense, shall notify the affected
Customers by publication of notice in The Orlando Sentinel and/or The Seminole Herald, as required by the City,
at least ten (10) days before the holiday on which collection will not be made. The notification materials shall be
subject to approval by the City's Representative in advance. 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
19
thirty (30) days prior to the proposed implementation.
Sec. 11-50 COMMERCIAL CURBSH)E AND ALLEY COLLECTION DEPOSIT REQUIRED
The minimum deposit for commercial eurbside and alley collection service shall be an amount of twenty-five
dollars ($25.00). The City's Representative may modify such deposit if the monthly billing amount increases due
to Customer requested changes in the service requirements. A special deposit may be required by the City's
Representative for Customers who request extraordinary or specialized service and equipment. Any special deposit
is subject to the review by the City Manager if an appeal oftbe City R ' ' ....
epresentat~ve s detern~nat~on is filed with the
City Manager within ten (10) days of the determination. Any determination by the City Manager is subject to review
by the City Commission if an appeal of tbe City Manager's determination is filed with the City Clerk within ten (10)
days oftbe determination.
Sec. 11-51 COMMERCIAL CURBSIDE AND ALLEY SERVICE BILLING AND PAYMENT
The City will perform all commercial curbside and alley 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 Ordinance. All payments to the City shall be paid within ten (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.
Sec. 11-52 COMMERCIAL FRONT-LOAD CONTAINER SOLID WASTE AND YARD WASTE
SERVICE
(1) The Contractor shall collect, transport and dispose of, at least once per week, all solid waste or yard
waste deposited in front-load containers from each commercial unit. The size and quantity of front-load containers
shall be determined by the Customer and the City.
(2) The days for collection service shall be determined by Customer requests, the Contractor and the City.
However, the Customer and the City shall determine frequency of collection.
(3) The Contractor shall collect commercial yard waste separately from other types of solid waste.
Sec. 11-53 COMMERCIAL FRONT-LOAD CONTAINER SOLID WASTE AND YARD WASTE
SERVICE RATES
Rates for commercial front-load container solid waste and yard waste service, as stated, shall be as set forth
in a Franchise Agreement.
Sec. 11-54 COMMERCIAL FRONT-LOAD CONTAINER SOLID WASTE OR YARD WASTE
EXTRA PICKUP SERVICE
(1) The Contractor shall collect, transport and dispose of, at an additional charge, solid waste or yard
waste deposited in front-load containers from each commercial unit requesting an extra pickup on their container.
(2) The Customer shall notify the City of the extra pickup front_load collection service required. Extra
pickup front-load collection service notification received before 12:00 noon shall be completed before 7:00 P.M. on
the same day; extra pickup front-load collection service notification received after 12:00 noon shall be completed
before 9:00 A.M. on the following normal business day (including Saturday).
(3) The Contractor shall collect yard waste separately from other types of solid waste.
Sec. 11-55 COMMERCIAL FRONT-LOAD CONTAINER SOLID WASTE OR YARD WASTE
2o
EXTRA PICKUP RATES
Rates for commercial front-load container solid waste or yard waste extra pickup service, as stated, shall be
as set forth in a Franchise Agreement.
Sec. 11-56 COMMERCIAL FRONT-LOAD CONTAINER CURBSlDE ADDITIONAL BULK
WASTE, YARD WASTE AND JUNK SERVICE
(1) The Contractor shall collect, transport and dispose of, once per week, at an additional charge,
unlimited amounts of additional bulk waste, yard waste and junk from each commemial unit, provided the additional
bulk waste, yard waste and junk can be picked up by two (2) persons, does not weigh more than fifty (50) pounds
each or exceed ten (10) feet in length. The Contractor shall affix a non-collection notice to items not in compliance.
(2) The day for collection shall be Friday. Customers shall notify the City of such collection no later than
5:00 P.M. the day before the scheduled additional bulk, yard waste and junk collection day.
(3) Commercial additional bulk waste, yard waste and junk do not include items as defined in this
Ordinance as Contractor-Generated Waste or Exempt Waste.
(4) Costs shall be determined by the amount of material to be collected. The Residential Supervisor for
the Contractor will estimate the yardage for collection. In the event of a dispute in cost, the City's Representative
will make the final determination.
See. 11-57 COMMERCIAL FRONT-LOAD CONTAINER CURBSIDE ADDITIONAL BULK
WASTE, YARD WASTE AND JUNK SERVICE RATES
Rates for commercial front-load container curbside additional bulk waste, yard waste and junk service, as
stated, shall be as set forth in a Franchise Agreement.
Sec. 11-58 COMMERCIAL FRONT-LOAD CONTAINER RECYCLABLE MATERIAL SERVICE
(1) The Contractor shall collect, convey and dispose of, at least once per week, all recyclable material
deposited in front-load containers from each commercial unit. The size and quantity of front-load containers shall
be determined by the Customer and the City.
(2) The days for collection service shall be determined by Customer requests, the Contractor and the City.
However, the Customer and the City shall determine frequency of collection.
(3) The Contractor shall not combine recyclable material with solid waste or yard waste.
Sec. 11-59 COMMERCIAL FRONT-LOAD CONTAINER RECYCLABLE MATERIAL TO BE
COLLECTED
The Contractor shall collect the following recyclable material: cardboard, newspapers (including, but not
limited to, inserts), magazines and catalogs, clear, green and brown glass bottles and jars, plastic bottles (Numbers
1-7 which numbers are located on the bottom of containers), aluminum and steel cans (including, but not limited to,
empty aerosol cans), and any other recyclable material as required by the City.
Sec. 11-60 COMMERCIAL FRONT-LOAD CONTAINER RECYCLABLE MATERIAL RATES
Rates for commercial front-load container recyclable material service, as stated, shall be as set forth in a
Franchise Agreement.
2l
Sec. 11-61 COMMERCIAL FRONT-LOAD CONTAINER RECYCLABLE MATERIAL EXTRA
PICKUP SERVICE_
(1) The Contractor shall collect, convey and dispose of, at an additional charge, recyclable materials
deposited in front-load containers from each commercial unit requesting an extra pickup on their container.
(2) The Customer shall notify the City of the extra pickup front-load collection service required. Extra
pickup front-load collection service notification received before 12:00 noon on a recyclable material collection day
shall be completed before 7:00 P.M. on the same day; extra pickup front-load collection service notification received
after 12:00 noon on a recyclable material collection day or on a non-recyclable material collection day shall be
completed before 9:00 A.M. on the next recyclable material collection day.
(2) The Contractor shall not combine recyclable material with solid waste or yard waste.
Sec. 11-62 COMMERCIAL FRONT-LOAD CONTAINER RECYCLABLE MATERIAL EXTRA
PICKUP SERVICE RATES
Rates for commercial front-load container recyclable material extra pickup service, as stated, shall be as
set forth in a Franchise Agreement.
Sec. 11-63 COMMERCIAL FRONT-LOAD COMPACTOR CONTAINER SOLID WASTE
SERVICE
(1) The Contractor shall collect, transport and dispose of, at least once per week, all solid waste deposited
in front-load compactor containers from each commemial unit. The size and quantity of front-load compactor
containers shall be agreed between the Customer, Contractor and the City.
(2) The days for collection service shall be determined by Customer requests, the Contractor and the City.
However, the Customer and the City shall determine frequency of collection.
See. 11-64 COMMERCIAL FRONT-LOAD COMPACTOR CONTAINER SOLID WASTE
SERVICE RATES
Rates for commercial front-load compactor container solid waste service, as stated, shall be as set forth in
a Franchise Agreement.
See. 11-65 COMMERCIAL FRONT-LOAD COMPACTOR CONTAINER SOLID WASTE EXTRA
PICKUP
(1) The Contractor shall collect, transport and dispose of, at an additional charge, solid wastes deposited
in front-load compactor containers from each commercial unit requesting an extra pickup on their container.
(2) The Customer shall notify the City of the extra pickup front-load compactor collection service
required. Extra pickup front-load compactor collection service notification received before 12:00 noon shall be
completed before 7:00 P.M. on the same day; extra pickup front-load compactor collection service notification
received after 12:00 noon shall be completed before 9:00 A.M. on the following normal business day (including
Saturday).
Sec. 11-66 COMMERCIAL FRONT-LOAD COMPACTOR CONTAINER SOLID WASTE EXTRA
PICKUP RATES
Rates for commercial front-load compactor container solid waste extra pickup service, as stated, shall be as
set forth in a Franchise Agreement.
22
Sec. 11-67 COMMERCIAL FRONT-LOAD COMPACTOR CONTAINER CURBSIDE
ADDITIONAL BULK WASTE, YARD WASTE AND JUNK SERVICE
(1) The Contractor shall collect, transport and dispose o£ once per week, at an additional charge,
unlimited amounts of additional bulk waste, yard waste and junk from each commercial unit, provided the additional
bulk waste, yard waste and junk can be picked up by two (2) persons, does not weigh more than fifty (50) pounds
each or exceed ten (10) feet in length. The Contractor shall affix a non-collection notice to items not in compliance.
(2) The day for collection shall be Friday. Customers shall notify the City of such collection no later than
5:00 P.M. the day before the scheduled additional bulk waste, yard waste and junk collection day.
(3) Commercial additional bulk waste, yard waste and junk do not include items as defined in this
Ordinance as Contractor-Generated Waste or Exempt Waste.
(4) Costs will be determined by the amount of material to be collected. A Residential Supervisor for the
Contractor will estimate the yardage for collection. In the event ora dispute in cost, the City's Representative will
make the final determination.
Sec. 11-68 COMMERCIAL FRONT-LOAD COMPACTOR CONTAINER CURBSIDE
ADDITIONAL BULK WASTE, YARD WASTE AND JUNK RATES
Rates for commercial front-load compactor container curbside additional bulk waste, yard waste and junk
service, as stated, shall be as set forth in a Franchise Agreement.
Sec. 11-69 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR APPROVED
CONTAINERS
(1) 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 regulations as stated herein shall apply. Any front-load container requests by the City for
deliveries, increases, decreases or container swap outs shall be completed by the Contractor within two (2) normal
business days of notification from the City. However, front-load compactor container deliveries, increases, decreases
or refurbishing shall require additional time. Reports, in a form acceptable to the City, indicating the service
performance and the date completed shall be submitted to the City daily.
(2) Purchase and Distribution - The Contractor shall purchase and distribute new front-load and front-
load compactor containers to new and existing commercial Customers. 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 dearly 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.
(3) Replacement - The Contractor shall maintain sufficient from-load containers to ensure that new, extra
or replacement front-load containers can be provided to Customers as required. All final decisions regarding the
condition or replacement of front-load containers shall be made by the City's Representative.
23
(4) Ownership - Ownership of front-load and front-load compactor containers shall vest in the
Contractor, unless the front-load compactor container is owned by the Customer.
Sec. 11-70 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINER
NON-COLLECTION PROCEDURE_
In the event the Contractor is unable to service the front-load or front-load compactor containers for any
reason, the Contractor shall notify the Customer immediately explaining why collection was not made, and shall
return to service the container by 9:00 A.M. the following normal business day (including Saturday), or when the
situation has been resolved. The Contractor shall maintain and keep up-to-date all records and files necessary to
document the non-collection procedures taken.
Sec. 11-71 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINER
LOCATION OF COLLECTION
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 thirty (30) days prior to the proposed implementation.
Sec. 11-72 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINER
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 front-
load and fi'ont-load compactor containers with reasonable care, shall empty them thoroughly, and leave them in the
same position in which they were found. The Contractor shall collect and remedy any spillage immediately.
Sec. 11-73 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINER
HOURS OF COLLECTION
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 thirty (30) days prior to the proposed implementation. The Contractor shall maintain and keep up-to-
date all records and fries as necessary to document the collection service.
24
Sec. 11-74 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINER
HOLIDAY COLLECTION
Commercial front-load and front-load compactor collection shall not be made on Thanksgiving Day,
Christmas Day, New Years Day and any other day on which aH City approved Florida Department of Environmental
Protection permitted solid waste disposal facilities are closed. Collections that would normally occur on these
holidays shall be re-scheduled for the day before, or the day following the holiday.
Sec. 11-75 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINER
SHARING OF CONTAINERS
Commercial businesses may be allowed to share the use of front-load or front-load 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.
Sec. 11-76 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINER
DEPOSIT REQUIRED
The minimum deposit for front-load or front-load compactor containers shall be an amount equal to at least
the monthly billing for front-load or front-load compactor service as requested by the Customer and agreed to by
the City's Representative, subject however, to a minimum deposit of fifty dollars ($50.00). The City's Representative
may modify such deposit if the monthly billing amount increases due to Customer requested changes in the service
requirements. A special deposit may be required by the City's Representative for Customers who request
extraordinary or specialized service and equipment. Any special deposit is subject to review by the City Manager
if an appeal of the City Representative's determination is filed with the City Manager within ten (10) days of the
determination. Any determination by the City Manager is subject to review by the City Commission if an appeal of
the City Manager's determination is filed with the City Clerk within ten (10) days of the determination.
Sec. 11-77 COMMERCIAL FRONT-LOAD AND FRONT-LOAD COMPACTOR CONTAINER
BILLING AND PAYMENT
The City will perform all commercial front-load 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 hereunder.
All payments to the City shall be paid within ten (10) days at, er date of mailing the statement, as stamped
thereon, or such collection service shall be discontinued until such fees shah be paid in full.
Sec. 11-78 COMMERCIAL AND RESIDENTIAL ROLL-OFF CONTAINER SOLID WASTE;
YARD TRASH AND CONSTRUCTION AND DEMOLITION DEBRIS SERVICE
(1) The Contractor shall collect, transport and dispose of, at least once per month, all solid waste, yard
trash and construction and demolition debris deposited in roll-off containers from each commercial or residential unit.
The Customer and the Contractor shall agree on the size and quantity of roll-off containers.
(2) The Customer and the Contractor shall agree on Scheduled days for collection and frequency. On-
Callcollection service requests received before 12:00 noon shall be completed before 7:00 P.M. on the same day;
on-call collection service requests received aher 12:00 noon shall be completed before 9:00 A.M. on the following
normal business day (including Saturday). Permanent roll-off containers shall not be removed without prior
authorization from the City's Representative.
25
(3) Solid waste, yard trash and construction and demolition debris does not include items as defined in
this Ordinance as Hazardous Waste.
Sec. 11-79 COMMERCIAL AND RESIDENTIAL ROLL-OFF CONTAINER SOLID WASTE;
YARD TRASH AND CONSTRUCTION AND DEMOLITION DEBRIS RATES
Rates for commercial and residential roli-offcontalner solid waste, yard trash and construction and demolition
debris service, as stated, shall be as set forth in a Franchise Agreement.
See. 11-80 COMMERCIAL AND RESIDENTIAL ROLL-OFF CONTAINER CURBSIDE
ADDITIONAL BULK WASTE, YARD WASTE AND JUNK SERVICE
(1) The Contractor shall collect, transport and dispose of, once per week, at an additional charge,
unlimited amounts of additional bulk waste, yard waste and junk from each commercial or residential unit, provided
the additional bulk waste, yard waste and junk can be picked up by two (2) persons, does not weigh more than fifty
(50) pounds each or exceed ten (10) feet in length. The Contractor shall affix a non-collection notice to items not
in compliance.
(2) The day for collection shall be Friday. Customers shall noti~ the City of such collection no later than
5:00 P.M. the day before the scheduled additional bulk waste, yard waste and junk collection day.
(3) Commercial and residential additional bulk waste, yard waste and junk do not include items as defined
in this Ordinance as Contractor-Generated Waste or Exempt Waste.
(4) Costs will be determined by the amount of material to be collected. The Residential Supervisor for
the Contractor will estimate the yardage for collection. In the event ora dispute in cost, the City's Representative
will make the final determination.
See. 11-81 COMMERCIAL AND RESIDENTIAL ROLL-OFF CONTAINER CURBSIDE
ADDITIONAL BULK WASTE, YARD WASTE AND JUNK RATES
Rates for commercial and residential roll-off container curbside additional bulk waste, yard waste and
junk service, as stated, shall be as set forth in a Franchise Agreement.
Sec. 11-82 COMMERCIAL AND RESIDENTIAL ROLL-OFF CONTAINER RECYCLABLE
MATERIAL SERVICE
(1) The Contractor shall collect, convey and dispose of, at least once per month, all recyclable material
deposited in roll-off containers from each commercial or residential unit. The Customer and the Contractor shall
agree on the size and quantity of roll-off containers.
(2) The Customer and the Contractor shall agree on Scheduled days for collection and frequency. On-
Callcollection service requests received before 12:00 noon shall be completed before 7:00 P.M. on the same day;
on-call collection service requests received after 12:00 noon shall be completed before 9:00 A.M. on the following
normal business day (including Saturday).
See. 11-83 COMMERCIAL AND RESIDENTIAL ROLL-OFF CONTAINER RECYCLABLE
MATERIAL TO BE COLLECTED
The Contractor shall collect the following recyclable material: cardboard, newspapers (including, but not
limited to, inserts), magazines and catalogs, clear, green and brown glass bottles and jars, plastic bottles (Numbers
1 - 7 which numbers are located on the bottom of containers), aluminum and steel cans (including, but not limited
26
to, empty aerosol cans), and any other recyclable material as required by the City.
Sec. 11-84 COMMERCIAL AND RESIDENTIAL ROLL-OFF CONTAINER RECYCLABLE
MATERIAL RATES
Rates for commercial and residential roll-off container recyclable material service, as stated, shall be
as set forth in a Franchise Agreement.
Sec. 11-85 COMMERCIAL ROLL-OFF COMPACTOR CONTAINER SOLID WASTE SERVICE
(1) The Contractor shall collect, transport and dispose off at least once per month, all solid waste
deposited in roll-oft'compactor containers fi.om each commercial unit. The Customer and the Contractor shall agree
on the size and quantity of roll-off compactor containers.
(2) The Customer and the Contractor shall agree on Scheduled days for collection and frequency. On-
Callcollection service requests received before 12:00 noon shall be completed before 7:00 P.M. on the same day;
on-call collection service requests received after 12:00 noon shall be completed before 9:00 A.M. on the following
normal business day (including Saturday). Permanent roll-off compactor containers shall not be removed without
prior authorization fi.om the City's Representative.
Sec. 11-86 COMMERCIAL ROLL-OFF COMPACTOR CONTAINER SOLID WASTE RATES
Rates for commercial roll-offcompactor container solid waste service, as stated, shall be as set forth in a
Franchise Agreement.
Sec. 11-87 COMMERCIAL ROLL-OFF COMPACTOR CONTAINER CURBSlDE ADDITIONAL
BULK WASTE, YARD WASTE AND JUNK SERVICE
(1) The Contractor shall collect, transport and dispose of, once per week, at an additional charge,
unlimited amounts of additional bulk waste, yard waste and junk fi'om each commercial unit, provided the additional
bulk waste, yard waste and junk can be picked up by two (2) persons, does not weigh more than fifty (50) pounds
each or exceed ten (10) feet in length. The Contractor shall affix a non-collection notice to items not in compliance.
(2) The day for collection shall be Friday. Customers shall notify the City of such collection no later than
5:00 P.M. the day before the scheduled additional bulk waste, yard waste and junk collection day.
(3) Commercial additional bulk waste, yard waste and junk do not include items as defined in this
Ordinance as Contractor-Generated Waste or Exempt Waste.
(4) Costs will be determined by the amount of material to be collected. The Residential Supervisor for
the Contractor will estimate the yardage for collection. In the event ora dispute in cost, the City's Representative
will make the final determination.
Sec. 11-88 COMMERCIAL ROLL-OFF COMPACTOR CONTAINER CURBSIDE ADDITIONAL
BULK WASTE, YARD WASTE AND JUNK RATES
Rates for commercial roll-off compactor container curbside additional bulk waste, yard waste and junk
service, as stated, shall be as set forth in a Franchise Agreement.
See. 11-89 COMMERCIAL ROLL-OFF COMPACTOR CONTAINER RECYCLABLE MATERIAL
SERVICE
27
(1) The Contractor shall collect, convey and dispose of, at least once per month, all recyclable material
deposited in roll-off compactor containers fi-om each commercial unit. The Customer and the Contractor shall agree
on the size and quantity of roll-off compactor containers.
(2) The Customer and the Contractor shall agree on Scheduled days for collection and frequency. On-
Ca#collection service requests received before 12:00 noon shall be completed before 7;00 P.M. on the same day;
on-call collection service requests received after 12:00 noon shall be completed before 9:00 A.M. on the following
normal business day (including Saturday).
Sec. 11-90 COMMERCIAL ROLL-OFF COMPACTOR CONTAINER RECYCLABLE MATERIAL
TO BE COLLECTED
The Contractor shall collect the following recyclable material: cardboard, newspapers (including, but not
limited to, inserts), magazines and catalogs, clear, green and brown glass bottles and jars, plastic bottles (Numbers
1 - 7 which numbers are located on the bottom of containers), aluminum and steel cans (including, but not limited
to, empty aerosol cans), and any other recyclable material as required by the City.
Sec. 11-91 COMMERCIAL ROLL-OFF COMPACTOR CONTAINER RECYCLABLE MATERIAL
RATES
Rates for commercial roll-off compactor recyclable material container curbside additional bulk waste,
yard waste and junk service, as stated, shall be as set forth in a Franchise Agreement.
See. 11-92 ROLL-OFF AND ROLL-OFF COMPACTOR APPROVED CONTAINERS_
(1) The Contractor shall be responsible for the purchase, distribution and replacement of all roll-offand
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. Any roll-off container requests by the
City or the Customer for deliveries, increases or decreases or container swap outs received before 12:00 noon shall
be completed before 7:00 P.M. on the same day; roll-off container requests received after 12:00 noon shall be
completed before 9:00 A.M. on the following normal business day (including Saturday). However, roll-off
compactor container deliveries, increases, decreases or refurbishing shall require additional time. Reports, in a form
acceptable to the City, indicating the service performance and the date completed shall be submitted to the City daily.
(2) The Contractor shall purchase and distribute new roll-off and roll-off compactor containers to new
and existing commercial or residential Customers. 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 (2) sides oftbe 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.
(3) The Contractor shall maintain sufficient roll-off containers to ensure that new, extra or replacement
roll-off containers can be provided to Customers as required. All final decisions regarding the condition or
replacement of roll-off containers shall be made by the City's Representative.
28
(4) Ownership of roll-off and roll-off compactor containers shall vest in the Contractor, unless the
Customer owns the roll-off compactor container.
Sec. 11-93 ROLL-OFF AN1) ROLL--OFF COMPACTOR CONTAINERS NON-COLLECTION
PROCEDURE
In the event the Contractor is unable to service the roll-off or roll-offcompaetor containers for any reason,
the Contractor shall notify the Customer immediately explaining why collection was not made, and shall return to
service the container by 9:00 A.M. the following normal business day (including Saturday), or when the situation
has been resolved. The Contractor shall maintain and keep up-to-date all records and files necessary to document
the non-collection procedures taken.
Sec. 11-94 ROLL-OFF ANI) ROLL-OFF COMPACTOR CONTAINERS LOCATION OF
COLLECTION
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 thirty (30) days before the proposed
implementation.
Sec. 11-95 ROLL-OFF AN1) ROLL-OFF COMPACTOR CONTAINERS 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 roll-
off and roll-offcompactor containers with reasonable care, shall empty them thoroughly, and leave them in the same
position in which they were found. The Contractor shall collect and remedy any spillage immediately.
Sec. 11-96 ROLL-OFF ANI) ROLL--OFF COMPACTOR CONTAINERS I~OURS OF
COLLECTION
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 thirty (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.
Sec. 11-97 ROLL-OFF ANl) ROLL-OFF COMPACTOR CONTAINERS IdOLll)Ay COLLECTION
No roll-off collection shall be made on Thanksgiving Day, Christmas Day, New Years Day and any other day
on which all City approved Florida Department of Environmental Protection permitted solid waste disposal facilities
are closed. Collections that would normally occur on these holidays shall be re-scheduled for the day before, or the
day following the holiday.
Sec. 11-98 ROLL-OFF AN1) ROLL-OFF COMPACTOR CONTAINERS SItARING OF
29
CONTAINERS
Commercial businesses may be allowed to share the use of roll-offor roll-off compactor containers, and be
exempt fi.om 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.
Sec. 11-99 ROLL-OFF AND ROLL-OFF COMPACTOR CONTAINERS BILLING AND
PAYMENT
The Contractor shall perform all roll-offbilling and collection. No other fees apply without prior written
approval by the City's Representative. In the event ora dispute relating to costs, the City's Representative will make
the final determination.
Sec. 11-100 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 Ordinance as determined by the City on the basis of the overall use of the
property and configuration of the site.
COMMERCIAL RECYCLING NONEXCLUSIVE PERMITS
Sec. 11-101 NONEXCLUSIVE PERMITS TO COLLECTAND TRANSPORT COMMERCIAL
RECYCLABLE MATERIALS
(1) No person may collect or transport commercial 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 of Florida, the
School District or a special taxing district.
(2) 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:
(A) Name and address of business.
(B) Name and address of owner of business.
(C) Corporate officers and directors and certificate of good standing.
(D) Permanent place of business.
(E) Copy of Occupational License.
(F) Evidence of Certification from the Florida Department of Environmental Protection.
(G) Certification that all recovered materials collected will be recycled at a State certified
recycling facility.
(H) Description of equipment to be utilized.
(I) Copy of Certificate of Insurance.
(J) Agreement to comply with all conditions of permit and provisions of this Ordinance.
3O
Sec. 11-102 TERMS OF NONEXCLUSIVE PERMIT TO COLLECT, TRANSPORT AND PROCESS
COMMERCIAL RECYCLABLE MATERIALS
The term of a nonexclusive permit to collect, transport and process commercial recyclable
materials shall be for one (1) year or a partial 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 Ordinance.
Sec. 11-103 FEES FOR NONEXCLUSlVE PERMIT TO COLLECT, TRANSPORT AND PROCESS
COMMERCIAL RECYCLABLE MATERIALS
A holder of a nonexclusive permit shall pay the permit fee of two hundred fifty dollars ($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.
Sec. 11-104 INSURANCE FOR NONEXCLUSlVE PERMIT TO COLLECT, TRANSPORT AND
PROCESS COMMERCIAL RECYCLABLE MATERIALS
Each permittee shall maintain an insurance policy from a company acceptable to the City and
licensed to do business in the State of Florida for a public liability and property damage in the amount
of no less than two hundred fifty thousand dollars ($250,000.00) per person and five hundred thousand
dollars ($500,000.00) per accident, with two hundred fifty thousand dollars ($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 thirty (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 supply the City with a renewal or replacement Certificate of Insurance
not less than thirty (30) days before expiration or replacement of the insurance for which a previous
certificate has been provided.
Sec. 11-105 EQUIPMENT FOR NONEXCLUSlVE PERMIT TO COLLECT, TRANSPORT AND
PROCESS COMMERCIAL RECYCLABLE MATERIALS
All equipment operated by the permittee shall be in good repair, appearance and in a sanitary
condition at all times. All recyclable materials hauled by the Permittee shall be so contained that spilling
of any nature is prevented.
Sec. 11-106 CHARGES FOR NONEXCLUSlVE PERMIT TO COLLECT, TRANSPORT AND
PROCESS COMMERCIAL RECYCLABLE MATERIALS
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.
Sec. 11-107 NOTICE FOR NONEXCLUSlVE PERMIT TO COLLECT, TRANSPORT AND
PROCESS COMMERCIAL RECYCLABLE MATERIALS
Each permittee shall advise the City, in writing, of each location and business at which the
permittee intends to collect commercial recyclable materials in advance of the commencement of
collection. Each permittee shall submit to the City on or before the 20t~ 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.
31
Sec. 11-108 NON-RECYCLABLE MATERIALS FROM NONEXCLUSIVE PERMITTEE_
Should a permittee determine that it has collected non-recyclable materials that are above and
beyond de minimus non-recyclable materials, the permittee shall return the non-recyclable material back
to the useds location for collection by the Contractor which collects non-recyclabie 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 non-recyclable 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 non-recyclable material.
Sec. 11-109 REMEDIES RELATING TO NONEXCLUSlVE PERMIT TO COLLECT, TRANSPORT
AND PROCESS COMMERCIAL RECYCLABLE MATERIALS
(1) It is unlawful for any person, after notice from the City, to employ or continue to employ any
company to transport recyclable materials which company does not hold a nonexclusive permit issued
by the City.
(2) It is unlawful for any person, partnership or corporation to collect, transport or process
recyclable materials without first securing a nonexclusive permit from the City.
(3) 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 Ordinance then the City Manager may
suspend or revoke the permit and the right to reapply for same for a period of up to three (3) years. The
decision of the City Manager may be appealed to the City Commission upon filing an appeal with the City
Clerk within ten (10) days after the issuance of the decision by the City Manager.
GENERAL PROVISIONS
Sec. 11-110 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 nature within
twenty-four (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 Ordinance.
Sec. 11-111 MANDATORY SERVICE
The City shall bill all residential properties within the City for solid waste, yard waste and
recyclable material services at the rates established in this Ordinance or as otherwise set forth herein.
The City shall bill all commercial properties within the City for solid waste and yard waste removal at the
rates established in this Ordinance or as otherwise set forth herein. 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.
Sec. 11-112 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 fifty dollars ($50.00).
Sec. 11-113 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.
Sec. 11-114 FEE DECLARED DEBT FOR CITY COLLECTION
The amount of solid waste and recyclable material fees imposed by this Ordinance 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 Ordinance 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. 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.
Sec. 11-115 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 thirty (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 thirty (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.
Sec. 11-116 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.
Sec. 11-117 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 Ordinance. 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 appeal of City Manager decisions to the City
Commission.
SECTION 2. PENALTIES/VIOLATIONS/INTERPRETATION 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, Florida 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 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 11-1 through 11-24.1 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
34
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. 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 9th day of August, 2004.
Attest.'
City Commission of the City of Sanford, Florida
~ESSARD
T R. DOUGHER'F~, CITY CL~RK
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. 3884, PASSED AND ADOPTED by the City Commission of the City
of Sanford, Florida, on the 9th day of August, 2004, was posted at the front door of the City Hall in the
City of Sanford, Florida, on the 10th day of August, 200,~IT--~ ~/ . .~. /7 / __~
Cit~Clerk of the City of Sa~ord, FIo~"~