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HomeMy WebLinkAbout2004 12 13 Regular Item 504 COMMISSION AGENDA ITEM 504 Consent Informational Public Hearing Regular X December 13,2004 Meeting Mgr~ Dept. /~ , Authorization REQUEST: The Community Development Department- Planning Division in conjunction with the Public Works Department requests the Commission consider amendments to the Code related to dumpster enclosures and solid waste collection. PURPOSE: Site constraints for some existing multi-family residential units and commercial businesses are making compliance with the provisions of Section 9-281 (minimum screening requirements for dumpsters) difficult (or impossible). Staff has addressed this problem by drafting new language relating to solid waste collection allowing wheeled canisters collection (curbside pick-up). Also included is language which limits the length of time refuse cans, recycling bins, and yard waste can remain at curbside. APPLICABLE LAW AND PUBLIC POLICY: Florida Municipal Home Rule Powers Act Florida Statutes, PART IV RESOURCE RECOVERY AND MANAGEMENT, sections 403.702 - 403.760 The following documents regulate the City's solid waste collection under the City's current Franchise Agreement: Franchise Agreement- Exhibit "A" (March 1, 1997 through midnight on February 28,2006) Specifications for the Collection of Solid Waste and Recyclable Materials, Exhibit "B" Ordinance No. 537. Adopted December 14, 1992 and included with the City's Franchise Agreement of March 1, 1997 with B.F.I. (Never Codified). Resolution No. 812, dated February 10, 1997 establishing a new rate structure Winter Springs Code of Ordinances Sec. 9-280. Definitions. (Defines the term "DUMPSTER".) Sec. 9-281. Minimum screening requirements. (Requires DUMPSTER enclosures to be constructed.) Sec. 13-2. Prohibitions. . (Prohibits the unlawful accumulation of building materials, garbage, trash, etc. on any street, road, sidewalk, lot or yard.) Sec. 19-1. Garbage service to be provided for certain tenants. (Requires property owners to provide a sufficient number of conmlercial or industt'ial size DUMPSTERS to multi-family residential or commercial tenants.) @) 121304 Agenda Item Regular 504 Page 2 of21 The following Zoning Code provisions for the Greeneway Interchange District and the SR 434 Overlay Districts require TRASH RECEPTICLES to be encased in a structure that is architecturally compatible and consistent with the adjacent building and other site details and must meet building setbacks. Sec. 20-340. Building and screening design guidelines. (Greeneway Interchange District) Sec. 20-473. Building and screening design guidelines. (SR 434 New Development District) Sec. 20-489. Building and screening design guidelines. (SR 434 Redevelopment District) Sec. 20-469. Buffers and walls. (Town Center District) (TRASH disposal facilities to be screened by a wall from adjacent single-family or multi-family residential uses.) Sec. 20-319. Special requirements. (R-T Mobile Home Park District) (Requires semi-weekly removal of trash, garbage) CHRONOLOGY: Dec. 14, 1992- Feb. 10, 1997- Mar. 1,1997- May 13, 2002- Aug. 11, 2003- Nov. 11, 2003- Jan. 26, 2004- Feb. 9,2004- Feb. 23, 2004- July 26, 2004- Ordinance No. 537, Adopted Resolution No. 812, established a new rate structure for solid waste collection Franchise Agreement with BFI (now known as Waste Services of Florida, Inc.) Adoption of Ordinance 2002-13, establishing dumpster screening standards. Adoption of Ordinance 2003-26, amending the compliance date for existing dumpsters. Adoption of Ordinance 2003-39, allowing existing masonry enclosures less than 6' in height to be grand fathered as long as they meet the other Code requirements and fully screen the enclosed dumpster Adoption of Ordinance 2003-40, allowing vinyl as an acceptable screening material; which exempts existing dumpsters from compliance with setback regulations generally applied to accessory buildings and structures; and which references City-adopted engineering drawings which meet the minimum screening requirements. Adoption of Resolution 2004-06, approving a set of pre-approved dumpster enclosure plans and specifications pursuant to Section 9-281 (7) of the Winter Springs Code. 90-day extension granted to the dumpster enclosure compliance date for multi-family residential units. Extension to October 1, 2004 for Dumpsters that are detem1ined to not have adequate space for an enclosure to be sited. CONSIDERATIONS: The City's current solid waste collection is regulated under an exclusive Franchise Agreement with BFI (now Waste Services of Florida, Inc.) The Agreement is effective through midnight February 28, 2006. The Agreement defines the terms of service between the Franchisee and the City. Individual (curbside) Residential collection is billed through the City at $13.68; Business, Commercial and Industrial (dumpster) collection is billed directly by the Franchisee to the user based on size of dumpster and frequency of collection. According to terms of the Agreement, Multi-Family users can be considered as either "Residential" for individual (curbside) collection or "Commercial" for dumpster collection. City of Winter Springs Ordinance No. 2004-34 Page20f21 121304 Agenda Item Regular 504 Page 3 of21 Although the City does not currently have a wheeled canister option negotiated into our rate schedule, the Franchise Agreement indicates that "BFI may impose a surcharge over the uniform rate"... "for tote carts, or for any other service not provided for in the Mandatory Solid Waste Collection Ordinance". However, the use of wheeled canisters for business or commercial users is not contemplated in the Franchise Agreement. Staff is proposing individual (curbside) collection utilizing wheeled canisters as an option for any user who generates an amount of solid waste which can be contained in a wheeled canister. Currently, there are no provisions in the City's Code limiting the length of time refuse cans, recycling bins, and yard waste can remain at curbside other than the unlawful accumulation under Section 13-2 (Nuisances). Available Options For Solid Waste Collection: A) Refuse can B) Wheeled canister C) Dumpster D) Open top container / roll-off E) Compactor Refuse can. A receptacle for solid waste collection with a capacity not greater than 32 gallons or 50 Ibs. in weight, consisting of non-absorbent material construction, which is placed at curbside for collection service and which can be manually hoisted by a single individual. No oil drums shall be used as refuse cans. Refuse can service is the only service currently available to residential units. Wheeled canister. A container for solid waste collection, provided by the City or its Franchisee, with two (2) wheels for rolling and with a non-removable hinged lid, which is placed at curbside for collection service and emptied by mechanical hoisting by specialized trucks. Wheeled canisters, when filled shall not exceed 250 lbs. Wheeled canister service will be made available to residential units and business sites. (See application requirements, which follow.) Dumpster. A container, between one (1) and nine (9) cubic yards in size, which is used for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials or other kinds of waste and which is stored within an enclosure where it is serviced for collection. Dumpsters are hoisted onto or mechanically emptied into a specifically equipped truck for transporting said waste to a designated facility. Dum'pster service is available to multi-family residential and business sites. Roll-off container / open top. A container, 20 cubic yards or greater, that is located at a construction site for the temporary collection and storage of construction and demolition debris, City of Winter Springs Ordinance No. 2004-34 Page30f21 121304 Agenda Item Regular 504 Page 4 of 21 land clearing debris or other waste. Roll-off containers are serviced for collection by a specially equipped truck. Compactor. A container reserved for retail entities (groceries, supermarkets, etc). Restrictions when solid waste can be left at curbside for pickup: Wheeled canisters, refuse cans, and recyclable materials to be collected by the City or its franchisee shall be placed at curbside for collection no earlier than sunset of the day prior to garbage collection and returned to storage by sunset of the day of collection. Yard trash may be placed at curbside the weekend proceeding the routine collection day. Any yard trash not removed by the authorized collector on the routine day of collection, shall be considered unlawful accumulation and shall be the property owner's responsibility to remove immediately. Need for Wheeled Canister Option for Solid Waste Collection: Site constraints in some cases have made it difficult to find a location where dumpster enclosures can be accessible for servicing and do not interfere with vehicular circulation. Staff believes that an alternative wheeled canister trash service option would eliminate some of these problems and has included amendments to the Code to allow: 1- Wheeled canister trash collection service throughout the City (for future implementation) at such time as it becomes advantageous to the City; 2- Wheeled canister service for any multi-family residential unit, meeting certain storage and screening requirements; 3- Wheeled canister service for commercial businesses who do not generate excessive amounts of trash, and who meet certain storage and screening requirements. 4- Those entities making application to change from dumpster to wheeled canister service would not be required to construct a dumpster enclosure (as required in Section 9-281) unless their application is denied. 5- Additionally, certain properties can be exempted from compliance with a dumpster enclosure by Special Exception if the dumpster is not visible from public rights-of-way or adjacent properties; Proposed Application Process: Owners of multi-family residential units and commercial sites with existing dumpsters who wish to be considered for wheeled canister (individual curbside) service must: 1- Make an application requesting consideration for wheeled canister service to the City; 2- Indicate that the amount of trash generated will not exceed (per week) the amount held by two (2) wheeled canisters, and if additional trash should be generated in the future, the applicant understands that consideration for service will be tenninated. In any case where wheeled canister service is terminated, service will revert back to dumpster service City of Winter Springs Ordinance No. 2004-34 Page 4 of21 121304 Agenda Item Regular 504 Page 5 of 21 and the applicant will be responsible for any ofthe costs associated with meeting the current code requirements related to said dumpsters; 3- Submit with the application, a site plan showing the proposed storage location, with screening material identified; 4- Agree to keep the wheeled canister(s) in the designated storage area at all times except when being made accessible for curbside pickup; IMPLEMENTATION: The recommendations included herein have been made based on discussions by the Community Development- Planning Division with the City Attorney's office, City Manager, Public Works Director, Public Works Superintendent, and Utility Services Manager. According to Ordinance 537, Section 4 (t), "regulations regarding the collection of solid waste and recyclable materials... shall be established by resolution of the City Commission with the advice and input of its Franchisee". Therefore, Ordinance 2004-34 will need to be reviewed by the City's Franchisee prior to adoption. STAFF RECOMMENDATION: Staff recommends the City Commission proceed with adoption of the attached Ordinance relating to dumpster enclosures and solid waste collection through the following actions: 1- Send a copy of the proposed Ordinance 2004-34 to the City's Franchisee for review and input; 2- Schedule a Public Hearing for First Reading of Ordinance 2004-34; and 3- Draft a Resolution amending Resolution No. 812 and establishing rates for wheeled canister collection. ATTACHMENTS: A- (draft) Ordinance 2004-34 COMMISSION ACTION: City of Winter Springs Ordinance No. 2004-34 Page5of21 121304 Agenda Item Regular 504 Page60f21 ATTACHMENT A ORDINANCE NO. 2004-34 (draft) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTERS 9 AND 19 OF THE CITY CODE, RELATING TO SCREENING OF DUMPSTERS AND SOLID WASTE COLLECTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under section 2(b), Art. VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City of Winter Springs wishes to enhance the beauty and quality of the City, conserve and recycle natural resources, prevent the spread of disease and the creation of nuisances, and protect the public health, safety, and welfare; WHEREAS, the City of Winter Springs finds it in the public interest to ensure that all areas within its limits are provided with high quality collection of solid waste and recyclable materials; WHEREAS, inefficient and improper methods of managing solid waste create hazards to public health, cause pollution of air and water resources, constitute a waste of natural resources, have an adverse effect on land values, and create public nuisances; WHEREAS, improved methods and processes to promote more efficient methods of solid waste collection and disposal are available to the City of Winter Springs; WHEREAS, the City of Winter Springs has determined that certain multi-family and commercial sites are better served by individual solid waste collection; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interest of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordinance No. 2004-34 Page 6 of21 121304 Agenda Item Regular 504 Page 7 of21 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. The City of Winter Springs Code, Chapter 9 entitled Land Development, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 9. LAND DEVELOPMENT * * * "\ ARTICLE IV. REQUIRED IMPROVEMENTS * * * DIVISION 7. DUMPSTERS. Sec. 9-280. Definitions. As used in this division the word "dumpster" shall mean any container, between one (1) and nine (9) cubic yards in size, which is used for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials or other kinds of waste, and which may be of the open or enclosed yarioty, and is typically hoisted onto or mechanically emptied into a specifically equipped truck for transporting said waste to a designated facility. Dumpsters are typically used for multi family, commercial, and industrial land uses. Sec. 9-281. Minimum screening requirements. All dumpsters shall be screened on all four (4) sides from public view and situated under the following minimum screening, design, and locational requirements: (1) Both sides and the rear of the dumpster shall be screened by an opaque wall made of concrete, brick, stone, or other similar durable material, provided the material used is compatible with the architectural design of the principal structure. The wall shall be at least six (6) feet in City of Winter Springs Ordinance No. 2004-34 Page 70f21 121304 Agenda Item Regular 504 Page 8 of21 height or the height of the dumpster, whichever is greater. The wall shall be designed to permit adequate and reasonable truck pick-up by the solid waste hauler. (2) The front of the dumpster shall be screened by an opaque gate which shall remain closed at all times, except for trash disposal and pick-up. ill The area around the dumpster shall be kept clean and free from loose trash and garbage. ~ ill Dumpsters shall be placed in an area that is least visible from the public right-of-way and shall be situated so as to provide for adequate and reasonable truck pick-up by the solid waste hauler-:- (4) Dumpsters and shall be placed on a concrete pad or other impervious surface deemed suitable by the city. (5) Restaurants or other commercial businesses that discard significant amounts of food or other materials that decay, produce offensive odors or liquids, and/or attract infectious diseases shall be required to equip the dumpster site with a sewer drain and water. The sewer drain and water source shall be subject to approval by the city. These dumpster sites shall be cleaned with water and appropriate cleaning products frequently and as often as necessary to keep the dumpster in a sanitary condition. (6) Landscaping around the dumpster may be required if deemed necessary by the city in order to make the dumpster compatible with the surrounding neighborhood and the site development. (7) All new dumpsters shall comply with the minimum requirements set forth herein upon the effective date of this division. The city commission fllflY has, by resolution 2004-06, approveg a standard set of engineering plans for an enclosed dumpster. Said plans may be used by the public to permit and construct an enclosure which will satisfy the requirements of this section. m All dumpsters eXlstmg on the effective date of this division shall comply with the minimum requirements set forth herein by March October 1, 2004, except as provided herein: ill that any such e~xisting dumpster enclosures less than six-feet in height shall be grandfathered from the six foot height requirement set forth in section 9-281 (1) and applicable zoning setback requirements, provided the dumpster enclosure fully complies with all other provisions of this section. Dll In addition, e~xisting dumpsters may be screened by an opaque vinyl screen, provided the vinyl material is deemed durable and of high quality by the city in tem1S of design City of Winter Springs Ordinance No. 2004-34 Page 8 of 21 121304 Agenda Item Regular 504 Page 9 of 21 and is constructed in accordance with city-approved standard engineering plans current building code standards. 1.22 Where due to eXIstmg site conditions, compliance with terms of this section are impossible or impose a substantial hardship upon the property owner, compliance may be achieved by the use of wheeled canisters, upon demonstrating acknowledgement and consent to such service by the city's collector, and provided such canisters shall be adequately screened, stored and provided for as regulated by Chapter 19 of this Code. Q..Q.) Property owners with dumpsters located in such a manner where the dumpster cannot be seen from either the public right-of-way or adiacent properties from a height of five (5) feet above existing grade, may receive a waiver from this section, in accordance with the procedures provided in Chapter 20 of this Code, thereby reducing or eliminating the required screening required under this section. Application for such waiver shall be fee exempt. Dumpsters located within an enclosed building are exempt from this section. ilD. A building permit is required prior to the construction or installation of a dumpster enclosure. Section 3. The City of Winter Springs Code, Chapter 19 entitled Utilities, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance), CHAPTER 19 - UTILITIES ARTICLE I. IN CENER'\..L SOLID WASTE Sec. 19-1. Carbage seryiee to be provided fer eertain tenants Purpose. (a) Property ovmers owning property in multi family residential or oommercial zoning classifications who lease such properties to tenants shall provide garbage collection and removal services for the properties they own. (b) Such garbage collection and removal servioes shall inolude a sufficient number of commercial or industrial size dumpsters to adequately aooommodate the volume of garbage generated by the property and its tenants. City of Winter Springs Ordinance No. 2004-34 Page9of21 121304 Agenda Item Regular 504 Page 10 of21 (c) Any person \','ho violates this section shall be subject to the penalties prescribed in section 1 15. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations \vithin a reasonable time; and ',';'11en not othef\vise specified, each ton (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the abo'le penalty shall not be held to prevent the enforced removal of prohibited conditions. It is the purpose of this article to set forth obligations, responsibilities and requirements for the collection and disposal of solid waste within the city. Sec. 19-2. Definitions. The following words and phrases contained in this article shall have the meaning ascribed in this section unless the context clearly indicates otherwise, but in any case shall not be inconsistent with the definitions provided within Section 403.703. Florida Statutes (2003), as may be amended. ill Business. All retail, professional. wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public. ilil Business. commercial or industrial uses. Any business, commercial. or industrial use which produces or accumulates solid waste and which is required to maintain dumpster service, except as established in this article. W Collector. Any person, entity or franchisee authorized by the city to collect and remove solid waste. @ Commercial. All retail. professional and wholesale facilities, but shall not include industrial faci lities. ill Construction or demolition debris. Discarded materials generally considered to be not water-soluble and non-hazardous in nature, including but not limited to steel. glass, brick, concrete, asphalt roofing material, pipe, gyPsum wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition proiect or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction proiect, including such debris from construction of structures at a site remote from the construction or demolition proiect site. . City of Winter Springs Ordinance No. 2004-34 Page 10 of2] 121304 Agenda Item Regular 504 Page 11 of21 ill Construction or demolition sites. Any construction or demolition site on which temporary waste is produced or accumulated shall be required to maintain roll off container / open top service. {g} Curbside. The location of individual solid waste collection, typically at street edge or curb or at the rear property line along an alley, or in cases where the occupant is disabled or physically unable to deliver materials to the street's edge for collection, a back yard or side yard location. ili2 Designated facilitv. A disposal processing, recovery, recycling or transfer facility designated by the city manager, or the city manager's designee. ill Dumpster. A container, between one (I) and nine (9) cubic yards in size, which is used for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials or other kinds of waste, which is hoisted onto or mechanically emptied into a specifically equipped truck for transporting said waste to a designated facility. ill Franchisee. Any person or entity to whom the city has granted an exclusive franchise for the collection of solid waste and recyclable materials. 00 Garbafle. All solid and semi-solid kitchen refuse subiect to decay and all putrescible animal and vegetable waste resulting from growing, processing, marketing and preparation of food items, including the containers in which such items are packaged, as well as all items not defined herein as "yard trash" which are customarily generated in a normal residential household. ill Hazardous waste. Solid waste, or a combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. Un} Industrial. Establishments generating solid waste accumulation of metal, metal products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber. tires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses or materials usually created by industrial enterprises. ill} Individual containers. Separate solid waste collection for an occupant of a residential unit or business, where a refuse can or wheeled canister is placed at curbside for collection. City of Winter Springs Ordinance No. 2004-34 Page 11 of21 121304 Agenda Item Regular 504 Page 12 of21 (Q} Industrial wastes. Any solid waste generated by manufacturing or industrial processes that are not hazardous waste, but which, because of their volume or nature, do not lend themselves to collection, incineration, or disposal commingled with ordinary solid waste; or which, because of their nature and surrounding circumstances or for reasons of safety or health, should be handled as a special solid waste. fu} Multiple dwellin)!. Any building or structure containing four or more contiguous living units and intended exclusively for residential use by single persons or families. {g} Recovered materials. Metal. paper, glass, plastic, 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 solid 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. Recovered materials as described above are not solid waste. ill Recvclable materials. Newspapers (including inserts). aluminum cans, plastic containers (HDPE and PET). brown, clear and green glass bottles and iars, and other solid waste materials as may be designated by written agreement between the city and the collector which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Recyclable materials as defined herein does not include materials primary to the operation of a business, commercial or industrial site. Recyclable materials are placed in city approved recycling bins and placed at curbside for collection. ill Refuse can. A receptacle for solid waste collection with a capacity not greater than 32 gallons or 50 Ibs. in weight. consisting of non-absorbent material construction, which is placed at curbside for collection service and which can be manually hoisted by a single individual. No oil drums shall be used as refuse cans. ill Residential unit. Anv dwelling with kitchen facilities such as located in a single family, duplex, triplex, or multi-family residential building, or mobile home, which has individual curbside solid waste collection. (ill Roll 0([ container / aDen top. An open or closed container, larger than ten (10) cubic yards, that is temporarily located at a construction site for the temporary collection of construction and demolition debris. Roll-off containers are serviced by a specially equipped truck. City of Winter Springs Ordinance No. 2004-34 Page 12 of21 121304 Agenda Item Regular 504 Page 13 of21 M Solid waste. All discarded, non-hazardous, bulk trash, refuse, yard trash, and recyclable materials or any combination thereof resulting from residential, business, commercial and industrial operations including. but not limited to. garbage, yard trash. and industrial wastes. (w) Solid Waste Collection Rate Resolution. A resolution of the city commission. which establishes rates and maximum pemlissible rates, for all options of solid waste collection in the city. ill Special waste means solid waste that requires special handling and management by the collector, and which is not accepted at the designated facility or other disposal facility or which is accepted at the designated facility or other disposal facility at higher rates than are charged for refuse, including, but not limited to, asbestos. whole tires which do not constitute household trash, used oil. lead-acid batteries, and biohazardous wastes. ill Wheeled canister. A container. provided by the city or collector. with two (2) wheels for rolling and with a non-removable hinged lid, which is placed at curbside for collection service and is emptied by mechanical hoisting on specialized trucks. Wheeled canisters when filled shall not exceed two hundred fifty (250) pounds. ill Yard trash. Vegetative matter. resulting from routine and normal yard and landscape maintenance generated on site. including tree and shrub trimmings. grass clippings, leaves. palm fronds. tree branches (not exceeding four feet in length and four inches in diameter) and similar vegetative matter. Also included are discarded Christmas trees. Yard trash does not include construction or demolition debris. Sec. 19-3. Authority of city to collect. Nothing contained in this article shall be construed to prevent the city from creating or acting as its own solid waste collection or disposal service or facility. either independently. exclusivelv or in coniunction with others. Sec. 19-4. Ownership by city. (a) Ownership of solid waste set out for collection shall be vested in the city. The city manager shall have the authority to make such regulations pertaining to the days of collection. type. and location of refuse containers and such other matters as he shall find necessary provided that such regulations are not contrary to the provisions of this chapter or the provisions of an executed franchise agreement. City of Winter Springs Ordinance No. 2004-34 Page 13 of21 121304 Agenda Item Regular 504 Page 14 of21 It shall be unlawful for any person other than the authorized collector to disturb, scatter, spread out, or remove any solid waste or recyclable materials set out for collection except as provided herein: ill Any owner or occupant, resident, manager or person responsible for the premises IS able to remove solid waste on their own behalf, to a designated facility; (ill Commercial establishments that generate recoverable materials may sell or otherwise convey their recoverable material to any properly certified recovered materials dealer which satisfies the conditions provided in F.S. 9403.7046; (iii) Voluntary and non-profit organizations may collect recyclable materials for charitable, philanthropic or fundraising purposes provided they meet any required screening requirements required in section 9-281 of this Code; (iy) Law enforcement agencies and their personnel when within the scope of their employment are exempt from any prohibitions of this section. Sec. 19-5. Schedule of fees. (ill The City shall establish uniform rates for solid waste collection by adoption of the Solid Waste Collection Rate Resolution. Rates for dumpster, open top container / roll-off, and compactor solid waste collection may be negotiated between the franchisee and the individual customer, subject to the maximum permissible business and commercial rates set by the Solid Waste Collection Rate Resolution. Collection rates may be reviewed and adjusted periodically as may be necessitated by change in operating costs and administrative costs incurred by the city and/or the collector, changes in landfill tipping fees, and other costs or changes associated with compliance with federal, state or local regulations. (Q} The property owner of each residential unit, or business, commercial or industrial use, iointly and severally with the occupant (if other than the owner), shall be liable for the payment of the fees provided for in this Article and in the Solid Waste Collection Rate Resolution regardless of whether the unit is occupied or whether the owner or occupant utilizes the collection service provided for herein. Residential units within a homeowner's association which, as of the effective date of this ordinance, has in place a self-owned and operated solid waste collection system that complies with all applicable local, state and federal laws and regulations, shall be exempt from the provisions of this ordinance; provided, however, that should such self-owned and operated solid waste collection system ever be discontinued, all residential units previously served thereby shall immediately be subject to this ordinance. City of Winter Springs Ordinance No. 2004-34 Page 14 of21 121304 Agenda Item Regular 504 Page 15 of21 ill Failure of users to pay fees within thirty (30) days of the billing date shall be a violation of this article. In addition. the city shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent iurisdiction, including a reasonable attorney's fee and costs, if such civil action is necessary. @ All fees becoming due and payable on or after the effective date of the ordinance from which this article is derived shall constitute and are imposed as a special assessment lien against the real property served by the city solid waste collection service, and until fully paid and discharged shall remain liens equal in dignity with the city's ad valorem taxes, and superior in rank and dignity to all liens, encumbrances, titles and claims in, to or against the real property involved. Such fees shall become delinquent if not fully paid within 30 days after the due date. All delinquent service charges shall bear a late charge of ten percent of such fees due. Unpaid delinquent service charges, together with all late charges and fees imposed thereon, shall remain and constitute special assessment liens against the real property involved. Sec. 19-6. Complaint procedure. The collector is obligated to promptly respond to all complaints concerning the quality or absence of collection service. All complaints with regard to refuse and trash collection service directed by this chapter shall be made to the city, and subsequently directed to the collector by the city manager. Sec. 19-7. Collection and Transportinl!. Unless a person shall have been specifically authorized and licensed by the city commission to do so, it shall be unlawful for any person to transport solid waste through or over the public streets or alleys of the city, except as otherwise provided in section 19-11( d). This provision shall be liberally construed to protect the public health, safety and general welfare of the inhabitants of the city. This subsection shall not prohibit haulers of solid waste generated or accumulated outside the city from transporting the same over the streets of the city, provided that haulers comply with all laws and ordinances governing the transport of such materials. Sec. 19-8. Containers required. {ill All owners, residents and occupants of any residential unit and the owner, user, manager or occupants of any multiple-dwelling unit, or of any place or business, commercial or industrial use within the city are required to provide at least one individual container or dumpster (as provided herein) to hold four days' accumulation of solid waste. Sunken containers are specifically prohibited. City of Winter Springs Ordinance No. 2004-34 Page 15 of21 121304 Agenda Item Regular 504 Page 16 of21 ilil Owners of mobile home parks, multi-family apartments, or commercial property who lease tenant space, shall provide solid waste collection service for the properties they own. Such service shall include a sufficient number of dumpsters to adequately accommodate the volume of garbage generated by the property and its occupants, unless it has been established as defined in this article that the property qualifies for individual solid waste collection for each residential unit or business site. In cases where it has been established that individual solid waste collection for each residential unit or business site is justified, collection will be by city approved container, such as a wheeled canister. if} Multi-family residential units or business, commercial or industrial uses with existing dumpsters who wish to be considered for wheeled canister service must make application to the city requesting wheeled canister service. Multi-family fee simple residential units shall not be required to provide and maintain dumpsters and dumpster enclosures, provided the association representing such development has obtained approval for individual solid waste collection under the terms of an approved development agreement or by making application for approval to the city manager. Such request shall include, consent of the collector, a signed statement indicating that the amount of trash generated will not exceed the volume of solid waste able to be contained in a wheeled canister given the current frequency of pick-up and acknowledgement that if additional trash exceeding the volume of a wheeled canister should be generated in the future the applicant understands that approval for wheeled canister service will be terminated. In any case where wheeled canister service is terminated, service will revert back to dumpster service and the applicant will be responsible for any of the costs associated with meeting the current code requirements related to dumpsters. The applicant shall also submit a site plan showing the proposed paved storage location for the wheeled canisters with the proposed screening material. @ Until such time as the city or the city's collector provides wheeled canisters, occupants of residential units are required to furnish their own refuse can. Residential units by definition are not permitted to use dumpsters, but may use temporary roll-off containers for the collection of construction and demolition debris. ill The city shall provide recycling bins for depositing recyclable materials at curbside for collection. Only recyclable materials, as defined herein, shall be deposited in such recycling bins. Excess newspapers shall be put in a paper bag, or securely tied in a bundle, and place on top of or immediately next to the recycling bin. City of Winter Springs Ordinance No. 2004-34 Page 16 of21 121304 Agenda Item Regular 504 Page 17 of 21 ill Individual containers and dumpsters shall be kept free of overflowing refuse at all times. When the volume of trash warrants it, the city shall have the authority to require more frequent solid waste collection at any location within the city, require wheeled canisters to be replaced by dumpsters, or require existing dumpsters be supplemented or replaced by additional or larger dumpsters, with any related expense being born by the property owner. Sec. 19-9. Residential solid waste pickup conditions. Uti Seoaration of solid waste. Solid waste other than yard trash and recyclable or recoverable materials shall be placed in refuse cans or wheeled canisters. Recyclable materials and yard trash shall not be commingled with other solid waste. ili2 Recvclable or recoverable material. Each residential unit shall be provided with city approved bins for recyclable or recoverable materials. No solid waste, other than recyclable or recoverable materials, shall be placed in recycling bins. Recycling bins shall be placed at curbside for collection. if} Special haul service. Collection of items requiring special handling (due to size, weight, or type of material) may be provided for a fee negotiated between the collector and the customer. @ Yard Trash. Yard trash shall not be commingled with any other solid waste or recyclable or recoverable material. Yard trash may be placed in a reusable container or in plastic bags approved by the designated facility. Limbs, fronds, and branches shall not exceed four feet in length and four inches in diameter and shall be stacked in a uniform direction, bundled and tied. ill Frequencv. Solid waste shall be removed by the collector according to schedules that the city from time to time shall publish. ill Placement and retrieval of individual containers. bins. vard trash. No individual containers or recycling bins shall be placed curbside earlier than sunset of the day prior to collection and retrieved and returned to storage no later than sunset the day of collection. Where the occupant of any residential unit is disabled or physically unable to deliver the individual or city approved recycling bins curbside and there is no other person occupying the residential unit physically able to do so and these conditions are certified to the collector by the city, back yard or side yard location for collection may be arranged at no extra cost. Yard trash may be placed at curbside the weekend proceeding the routine collection day. Any yard trash not removed by the authorized collector shall be considered unlawful accumulation and shall be the property owner's responsibility to remove immediately. (g) Storaze of solid waste containers. City of Winter Springs Ordinance No. 2004-34 Pagel7of21 121304 Agenda Item Regular 504 Page 18 of21 ill Individual containers. Individual containers shall be placed in a designated storage area when not being made accessible for trash pickup. Individual containers shall not be located in such places or under such conditions as to cause unnecessary or unreasonable offense to sightliness, cleanliness, safety or other sanitary conditions. Storage of individual containers shall be in an area that is screened from view from public rights-of-way and adiacent properties. Screening shall be constructed of durable material that is architecturally compatible and consistent with the adiacent building or shrubbery of ample size may be substituted as suitable screening material. Individual containers shall not be kept upon neighboring property, whether such neighboring property be vacant or improved, without the written consent of the person having the right to possession and use of the neighboring property. No individual container shall be placed on any city right-of-way, except for immediate pickup, as described in section 19- 10 (D or unless authorized in writing by the city manager in advance. @ Dumosters. All dumpsters shall be placed within an approved enclosure as described in Section 9-281. Dumpsters shall not be placed in such manner as to hinder the closing of container lids. Gates and latches on dumpster enclosures shall be kept fully operable and shall be closed except during scheduled collection periods. Sec. 19-10. Proper disposal prerequisite to collection. The City shall have the authority to refuse to collect unreasonable amounts of trash or refuse that does not meet the standards of this Article or policies of the City. Such trash shall be removed by the owner. No removal or collection of solid waste shall be required by the collector from any premises within the city, unless the solid waste is deposited in proper containers and placed at a location serviced by the collector. Sec. 19-11. Unlawful acts. ill Obstruction. It shall be unlawful for any person to park a motor vehicle in such a way that the collector cannot service dumpsters or blocks access to such containers. {Q) Container of another. It shall be unlawful for a person to place solid waste in a container assigned to another address, without written pemlission of the owner. ill Unlawful removal. It shall be unlawful for any person to remove solid waste or recyclable materials from any collection container or recycling bin. City of Winter Springs Ordinance No. 2004-34 Page I 8 of 21 121304 Agenda Item Regular 504 Page 19 of21 @ Burning or burvinJ! of solid waste. It shall be unlawful for any person to bury solid waste within the city. No such solid waste shall be burned within the corporate limits of the city. W Unlawful accumulation. It shall be unlawful for the owner, resident, occupant or manager or person responsible for any land or premises to pennit, suffer or allow, either by commission or omission, any accumulation of solid waste upon premises or property within the city for a period longer than four days without having arranged for disposal of the accumulation by the collector to perform such services and it shall be unlawful and a violation of this article for any person, whether owner, resident, manager or occupant of any premises to fail to provide a sufficient number of solid waste containers per unit as provided in this article to amply provide for solid waste accumulation. Nothing contained in this section shall prevent the owner or occupant, resident, manager or person responsible for the premises to remove accumulations of solid waste on their own behalf, to a proper place of disposal. ill Unlawful disposal. It shall be unlawful for any person to deposit or dispose of any hazardous waste in individual containers, dumpsters, roll off container / open top, or compactors. The city and the collector may refuse to collect any materials thought to be in violation of this article. Sec. 19-12. Penalties. Any person who violates any provision of this article, upon conviction in a court of competent iurisdiction, may be punished as provided in section 1-15. The city, at its option, may utilize it's Code Enforcement Board and the procedures set forth in Chapter 2 of this Code and Chapter 162, Florida Statutes, for code enforcement matters. Additionally, the City or the collector may discontinue any service to an owner or occupant of any residential unit or business, commercial or industrial use who/which fails to comply with any of the provisions of this article or any regulations promulgated pursuant to this article, including those related to payment. (n) Anv person who violates this Article shall be subiect to the penalties prescribed in Section l- IS. The imposition of one (I) penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations within a reasonable time: and when not otherwise specified, each ten (IO) days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Ordinance No. 2004-34 Page 19 of21 121304 Agenda Item Regular 504 Page 20 of21 Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter.. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2004. JOHN F. BUSH Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only City of Winter Springs Ordinance No. 2004-34 Page 20 of21 121304 Agenda Item Regular 504 Page 21 of21 Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: Page 21 of21 City of Winter Springs Ordinance No. 2004-34