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HomeMy WebLinkAbout2004 10 25 Regular 505 COMMISSION AGENDA ITEM 505 Consent Informational Public Hearine Reeular X October 25, 2004 Meeting j),v Mgr, # / Dept. /~ Authorization REQUEST: The Community Development Department 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. Staff has addressed this problem by drafting new language relating to solid waste collection, allowing wheeled canisters (roadside pick-up). Also included is language which addresses when cans can be placed at the roadside for pickup (see 19-3 (a)). APPLICABLE LAW AND PUBLIC POLICY: Florida Municipal Home Rule Powers Act Winter Springs Code of Ordinances ORDINANCE NO. 537. Adopted and effective, December 14, 1992, (Not Codified). (Included within the City's Franchise Agreement of March 1, 1997 with B.F.I. ) Sec. 9-280. Definitions. (Defines the term "DUMPSTER",) Sec. 9-281. Minimum screening requirements. (Requires DUMPSTER enclosures to be constructed,) Sec.19-1. Garbage service to be provided for certain tenants. (Requires property owners to provide a sufficient number of commercial or industrial size DUMPSTERS to multi-family residential or commercial tenants,) 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.) @) 102504 Agenda Item Regular 505 Sec. 20-319. Special requirements. (R-T Mobile Home Park District) (Requires semi-weekly removal of trash, garbage) CHRONOLOGY: May 13, 2002- Adoption of Ordinance 2002-13, establishing dumpster screening standards. Aug. 11, 2003- Adoption of Ordinance 2003-26, amending the compliance date for existing dumpsters. Nov. 11,2003- Adoption of Ordinance 2003-39, allowing existing masonry enclosures less than 6' in height to be grandfathered as long as they meet the other Code requirements and fully screen the enclosed dumpster Jan. 26, 2004- 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. Feb. 9,2004- 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. Feb. 23, 2004- 90-day extension granted to the dumpster enclosure compliance date for multi- family residential units. July 26, 2004- Extension to October 1, 2004 for Dumpsters that are determined to not have adequate space for an enclosure to be sited. CONSIDERATIONS: Available Options For Solid Waste Collection: A) Refuse can B) Wheeled canister C) Dumpster D) Open top container I roll-off E) Compactor Refuse can. A receptacle for solid waste collection with a capacity not greater than 32 gallons or 50 lbs. in weight, consisting of non-absorbent material construction, which is placed at the roadside 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 the roadside 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.) 102504 Agenda Item Regular 505 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. Dumpster 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, land clearing debris or other waste. Roll-off containers are serviced for collection by a specially equipped truck. Compactor: Reserved for retail entities (groceries, supermarkets, etc). Restrictions when solid waste can be left at the roadside for pickup: Wheeled canisters, refuse cans, and recyclable materials to be collected by the City or its franchisee shall be placed at roadside for collection no earlier than sunset of the day prior to garbage collection and returned to storage by sunset of the day of collection. 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 roadside) 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 terminated. In any case where wheeled canister service is terminated, service will revert back to dumpster service 102504 Agenda Item Regular 505 and the applicant will be responsible for any of the 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 roadside pickup; STAFF RECOMMENDATION: Staff recommends that the City Commission proceed with adoption of the attached Code changes related to dumpster enclosures and solid waste collection, by holding a Public Hearing for First Reading of Ordinance 2004-34. Should the Commission proceed with adoption of these changes, an amendment to the Franchise Agreement with Florida Recycling Services would be required and would subsequently be brought before the Commission as well as a resolution establishing new rates. ATTACHMENTS: A- Ordinance 2004-34 COMMISSION ACTION: 102504 Agenda Item Regular 505 ATTACHMENT A ORDINANCE 2004-34 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR INDIVIDUAL SOLID WASTE COLLECTION FOR CERTAIN MULTI-FAMILY RESIDENTIAL UNITS AND COMMERCIAL UNITS; AMENDING SECTION 9-280 AND 9-281, MINIMUM SCREENING REQUIREMENTS; EXTENDING THE COMPLIANCE DATE TO ALLOW FOR IMPLEMENTATION OF THESE CHANGES; PROVIDING FOR 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), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and 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, 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 ofthe citizens of Winter Springs. 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 by this reference. Section 2. Ordinance 537 Repealed. The City of Winter Springs hereby repeals Ordinance 537 relating to solid waste collection. Section 3. Code Amendment, Chapter 9, Article IV, Division 7 and Chapter 19 Article I. The City of Winter Springs Code, Chapter 9, Article IV, Division 7, and Chapter 19, Article I, 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). 102504 Agenda Item Regular 505 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 '/ariety and which 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. *** (8) Dumpsters located within an enclosed building are exempt from this section. Also exempted are entities making application to change from dumpster to wheeled canister service, until the status of their application is determined. Should the application be denied, the entity would then be required to comply fully with the screening requirements stated herein. (9) Dumpsters located on sites where the container can not be seen offsite, at a height of five feet above existing grade at any property line of the site, may apply for Special Exception to the screening requirements of this section. (10) A building permit must be obtained prior to the construction and/or installation of an enclosure. *** 102504 Agenda Item Regular 505 CHAPTER 19. UTILITIES ARTICLE I. IN CENERAL. SOLID WASTE Sec. 19-1. Carbage service to be provided for certain tenants. (a) Property owners o\vning property in multi family residential or commercial zoning classifications who lease such propertics to tenants shall provide garbage collection and removal services for thc properties they own. (b) Such garbage collection and removal services shall include a sufficient number of commercial or industrial size dumpsters to adequately accommodate the volume of garbage gencratcd by the propcrty and its tenants (c) Any person v/ho '/iolates this scction shall bc subject to the penalties prescribed in section 1 15. The imposition of one (1) penalty for any violation shall not excuse tho violation or pcrmit it to continue, and all such persons shall be rcquircd to correct or remedy such violations Ylithin a reasonable time; and '.vhen not otherwise specified, each ten (10) days that prohibitcd conditions are maintained shall constitute a separate offense. Thc application of the above penalty shall not be hcld to prevent the enforced remo';al of prohibited conditions. (Ord. No. 409, 99 1--3,2-22-88) SECTION 2. DEFINITIONS. Definitions. As used in this Article, and unless the context specifically indicates otherwise, the following terms and phrases shall be defined and construed to mean as follows: (a) Business. commercial or industrial sites. Any business, commercial, or industrial site which produces or accumulates solid waste and which is required to maintain dumpster service, except as established in this Article. (b) Construction and demolition debris. Non-hazardous solid waste generally considered not to be water soluble, including, but not limited to, steel, concrete, glass, brick, asphalt roofing material, pipe, gypsum wall board and lumber from a construction or demolition site. (c) 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. (d) 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, which is mechanically emptied into a specifically equipped truck for transporting said waste to a designated facility. (e) Franchisee. Any person or entity to whom the City has granted an exclusive franchise for the collection of solid waste and recyclable materials. (n Garbage. 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. (g) Individual solid waste collection. Separate solid waste collection for an occupant of a residential unit or business, where a refuse can or wheeled canister is placed at the roadside for collection. 102504 Agenda Item Regular 505 (h) 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. (i) Recvc/able materials. Newspaper, glass, aluminum, steel cans, plastic bottles, and such other solid waste materials (as may be designated from time to time), which are capable of being recycled by the City or its franchisee. Recyclable materials are placed in City approved bins and placed at the roadside for collection. Recyclable materials as defined herein does not include materials primary to the operation of a business, commercial or industrial site. (j) Refuse can. A receptacle for solid waste collection with a capacity not greater than 32 gallons or 50 lbs. in weight, consisting of non-absorbent material construction, which is placed at the roadside for collection service and which can be manually hoisted by a single individual. No oil drums shall be used as refuse cans. (k) Residential unit. Any dwelling with kitchen facilities such as located in a single family, duplex, triplex, or multi-family residential building, or mobile home. (1) Roll off container / open top. A container, 20 cubic yards or greater, that is temporarily located at a construction site for the temporary collection and storage of construction and demolition debris, land clearing debris or other waste. Roll-off containers are serviced for collection by a specially equipped truck. (m) Solid waste. All discarded, non-hazardous, solid waste material resulting from residential, business, commercial and industrial operations including, but not limited to, garbage, yard trash, and industrial wastes. (n) Solid Waste Collection Rate Resolution. A resolution of the City Commission, which establishes rates and maximum permissible rates, for all options of solid waste collection in the City. (0) 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 the roadside 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. (p) Yard trash. Vegetative matter, resulting from yard and landscaping maintenance including tree and shrub trimmings, grass clipping, and palm fronds or small tree branches not exceeding four feet in length and four inches in diameter. Sec. 19-2. Solid Waste Collection - Generallv. (a) The City shall collect, or cause to be collected through issuance or renewal of a negotiated franchise, all solid waste and recyclable materials at regular intervals to be determined by the City. (b) The City shall establish uniform rates for refuse can and wheeled canister solid waste collection and maximum permissible rates for dumpster, open top container I roll-off, and compactor solid waste collection, by adoption ofthe Solid Waste Collection Rate Resolution. Such collection rates shall be reviewed and adiusted periodically as may be necessitated by change in operating costs and administrative costs incurred by the City and/or it franchisee, changes in landfill tipping fees, and other costs or changes associated with compliance with county, state, or federal environmental regulations. 102504 Agenda Item Regular 505 (c) All residential units in the City shall be required to have solid waste and recyclable materials removed and disposed of by the City or its franchisee and for such service, or the availability of such service, shall pay the City or its franchisee such uniform rates as set by the Solid Waste Collection Rate Resolution. Residential units within a homeowner's association which, as ofthe 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. (d) All business, commercial or industrial sites shall be required to have solid waste materials removed and disposed of by the City or its franchisee and for such service, or the availability of such service, shall pay the City or its franchisee according to the rates established in the Solid Waste Collection Rate Resolution. Rates for dumpster, open top container I 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. (e) All solid waste or recyclable materials generated in the City shall be collected, transported and disposed of only by the City or by its franchisee. No person shall collect, transport or dispose of any solid waste or recyclable materials generated in the City without a written contract, license, franchise or permit fee from the City. This subsection shall not prohibit haulers of solid waste generated or accumulated outside the City from transporting the same over the streets ofthe City, provided that haulers comply with all laws and ordinances governing the transport of such materials. (D The City's franchisee shall have the authority to suggest such regulations governing the days and regulations for collection of solid waste and recyclable materials as it may deem necessary and to suggest changes and modifications to such regulations to the City Commission, provided that such changes and modifications are not contrary to this Article and are in compliance with any applicable franchise agreement. (g) The property owner of each residential unit, or business, commercial or industrial site, jointly 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. (h) 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. (i) Multi-family fee simple residential units shall not be required to provide and maintain dumpsters and dumpster enclosures, if they have been approved for individual solid waste collection, under the terms of a Development Agreement or by making application to the City. 102504 Agenda Item Regular 505 (i) All dumpsters shall be placed within an approved enclosure as described in Section 9- 281. Gates and latches on dumpster enclosures shall be kept fully operable and shall be closed except during scheduled collection periods. (k) Dumpsters and wheeled canisters shall be 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. (1) 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. (m) No hazardous materials or materials which are prohibited by law from being disposed of in a landfill shall be deposited in any refuse can, wheeled canister, dumpster, open top container / roll off, compactor, or left at roadside for collection. The City and its franchisee may refuse to collect any such materials thought to be in violation of this Article. (n) Any person who violates this Article 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 within a reasonable time; and when not otherwise specified, each ten (10) 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. Sec. 19-3. Reeulations Reeardine Individual Solid Waste Collection. (a) Wheeled canisters, refuse cans, and recyclable materials to be collected by the City or its franchisee shall be placed at roadside for collection no earlier than sunset of the day prior to garbage collection and returned to storage by sunset of the day of collection. Where the occupant of a residential unit is disabled or physically unable to deliver solid waste or recyclable materials to the roadside, and there is no other person occupying the unit physically able to do so and these conditions are certified to the franchise by the City, a back yard or side yard location for collection may be arranged at no extra cost to the resident. (b) Until such time as the City or the City's franchisee provides wheeled canisters, occupants of residential units are required to furnish their own refuse can, as defined herein. (c) Wheeled canisters shall be placed within a designated storage area when not being made accessible for trash pickup or shall be subject to fine. (d) Storage of wheeled canisters shall be on a paved surface in an area that is screened from view from public rights-of-way and adjacent properties. Screening shall be constructed of durable material that is architecturally compatible and consistent with the adjacent building or shrubbery of ample size may be substituted as suitable screening material. (e) Occupants utilizing individual solid waste collection are required to keep wheeled canisters in a designated storage area when not being made accessible for trash pickup or shall be subject to fine. (f) Multi-family residential units or business, commercial or industrial sites with existing dumpsters who wish to be considered for wheeled canister service must: (1) Make application to the City requesting wheeled canister service; (2) Sign a statement indicating that the amount of trash generated will not exceed two (2) wheeled canisters a week, and if additional trash should be 102504 Agenda Item Regular 505 generated in the future the applicant understands that consideration 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; (3) Submit with the application, a site plan showing the proposed paved storage location (for up to two (2) wheeled canisters), 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 trash pickup; (g) The City shall provide recycling bins for depositing recyclable materials at roadside 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. (h) All yard trash shall be bundled and tied, or placed in bags or refuse cans or wheeled canisters for collection. (i) All other regulations regarding the collection of solid waste and recyclable materials from residential units shall be established by resolution of the City Commission, with the advice and input of its franchisee. Sec. 19-4. Prohibited Acts; Penalties for Offenses (a) Except as provided in this Article, it shall be unlawful and a violation of the Code for any person other that the City and its Franchisee to: (1) Engage in the for profit collection, transportation or disposal of solid waste or recyclable materials generated by any residential unit or business, commercial or industrial site in the City. (2) Remove solid waste or recyclable materials from any collection container or recycling bin. (3) Place or cause to be placed any solid waste or recyclable materials in a location not serviced by the City or its franchisee. (4) Place or cause to be placed any solid waste or recyclable materials on the property of another. (5) Offer or authorize solid waste or recyclable materials for collection, transport or disposal by any person other than the City or its franchisee provided, however, that voluntary and non-profit organizations may collect recyclable materials for charitable, philanthropic or fundraising purposes. (6) Fail to make timely payment to the City or its franchisee for the services made available pursuant to this Article. (7) Do any act prohibited, or fail to do any act required, by this Ordinance. (b) The penalties for any violation ofthe provisions of the Article are as provided for by law. (c) The City at its option may utilize its Code Enforcement Board and the procedures set forth in Chapter 2, Article III, Division 2 of this Code for enforcement of this Article. (d) The City or its franchisee may discontinue any service to an owner or occupant of any residential unit or business, commercial or industrial site who fails to comply with any of the provisions of this Article or any regulations promulgated pursuant to this Article, including those 102504 Agenda Item Regular 505 relating to payment. The City shall have the authority, however, to direct its franchisee to continue service notwithstanding any delinquency in payment upon written assumption by the City of the delinquency and any additional fees which accrue by virtue of the franchisee's continued service. Sec. 19-5-19-25 Reserved. *** 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. Section 5. Incorporation into the 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 or 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 protons 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. 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: ANTHONY A. GARGANESE, City Attorney First Reading: ~o~ JUln8;~ w;U upu;8V 17O~~O I ::)lUa :)A!l~:)JJ3: :g1I!PU:)'M pUO~:)S COMMISSION AGENDA ITEM 505 Consent Informational Public Hearin2 Re2ular X October 25,2004 Meeting Mgr.flAA, I Dept. Authorization The attached Solid Waste Ordinance was prepared by Anthony's office. It is quite a bit different than the one in your Agenda Item. The two draft ordinances will need to be aligned before the First Reading. ORDINANCE NO. 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 I 2(b), Art. VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, ; and WHEREAS,; and WHEREAS,; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests ofthe public health, safety, and welfare ofthe citizens of Winter Springs. 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 City of Winter Springs Ordinance No. Page 1 of 12 *** DIVISION 7. DUMPSTERS. Sec. 9-280. Definitions. As used in this division the word "dumpster" shall mean any container 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 variety, 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 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. (3) 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 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. City of Winter Springs Ordinance No. Page 2 of 12 (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 may 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. ill All dumpsters existing on the effective date of this division shall comply with the minimum requirements set forth herein by Maf6h October 1, 2004, except as provided herein: ill that any such existing dumpster enclosure 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. ili2 In addition, existing dumpsters, without enclosures, may comply with the screening requirements of this section by providing be screened by an opaque vinyl screen, provided the material is deemed durable and of high quality by the city in terms of design and in accordance with current building code standards. Where due to existing site conditions, compliance with terms of this section are impossible or impose a substantial hardship upon the property owner, compliance may be achieved as follows: ill where the existing dumpster is located in such a manner as to not be seen from either the public right-of-way or adiacent properties, from a height of five (5) feet above existing grade, the property owner may apply for a variance from this section, in accordance with the procedures provided in Chapter 20 of this Code" reducing or eliminating the required screening under this section; or ill the property owner may provide wheeled refuse containers, in lieu of dumpsters, upon demonstrating acknowledgement and consent to such service by the City's solid waste franchisee. Where wheeled canisters are provided such canisters shall be adequately screened, stored and provided for as regulated bv Chapter 19 of this Code. (8) Dumpsters located within an enclosed building are exempt from this section. 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), City of Winter Springs Ordinance No. Page 3 of 12 CHAPTER 19 - UTILITIES ARTICLE I. IN CENERAL SOLID WASTE Sec. 19-1. Carbage service to be pr~Yided fer eertain tenants Purpose. (a) Property owners owning property in multi family residential or commercial zoning classifications '.vho lease such properties to tenants shall provide garbage collection and removal services for the properties they o'lIn. (b) Such garbage collection and removal services shall include a sufficient number of commercial or industrial size dumpsters to adequately aecommodate the volume of garbage generated by the property and its tenants. (c) L^.ny person who yiolates this section shall be subject to the penalties prescribed in section 1 15. The imposition of one (1) penalty for aa)' violatioa shall ROt excuse the violatioa or permit it to continue, and all such persons shall be required to eorrect or remedy such violatioas within a reasoHable time; aad when not otherwise specified, eaoh ten (10) days that prohibited conditioas 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. It is the purpose of this article to set forth the customer's 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. Approved container means dumpsters and individual containers provided by any customer ofthe city solid waste removal service and acceptable to the city. Business means and includes all retaiL professionaL wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public. Collector means any person or entity authorized bv the city to collect and remove solid waste. Commercial means and includes all retaiL professional and wholesale facilities, but shall not include industrial facilities. Construction and demolition debris means discarded materials generally considered to be not water- soluble and non-hazardous in nature, including but not limited to steeL glass, brick, concrete, asphalt City of Winter Springs Ordinance No. Page 4 of 12 roofing material. pipe, gypsum wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results in land clearing or land development operations for a construction project. including such debris from construction of structures as a site remote from the construction or demolition project site. Designated facility means a disposal processing, recovery, recycling or transfer facility designated by the city manager, or the city manager's designee. Dumpster container or dumpster means a one (1) to nine (9) cubic yard container which can be emptied by mechanical means into a specifically equipped truck for transporting said waste. Hazardous waste means 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. The term does not include human remains that are disposed of by persons licensed under F.S. ch. 470. Individual container means a plastic or galvanized metal can, of a type which is commonly sold as a garbage can, which does not exceed 32 gallons capacity or 50 pounds in weight when full. unless and until an automated cart program (wheeled canisters) is implemented bv the City. Each such can shall have two (2) handles upon the sides ofthe can or a bail by which it may be lifted by a person and shall have a tight fitting top and shall also mean disposable plastic or paper bags (with or without sack holders and not less than 1 mm thick) of a type which is acceptable to be used for refuse storage and disposal. Industrial means 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 bv industrial enterprises. Multiple dwelling means and includes any building or structure containing four or more contiguous living units and intended exclusively for residential use by single persons or families. Recoverable materials means 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 anv use that constitutes disposal. Recovered materials as described above are not solid waste. City of Winter Springs Ordinance No. Page 5 of 12 Recvclable material means newspapers (including inserts), aluminum cans, plastic containers (HDPE and PET), brown, clear and green glass bottles and iars, and other solid waste materials added upon written Agreement between the city and the Collector, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. Residential Unit means any dwelling with kitchen facilities, such as located in single family, duplex, triplex, or multi-family residential buildings or mobile homes. Roll-off container. 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. Solid waste means bulk trash, refuse, vegetative waste, and recyclable materials or any combination th ereo f. Special container means anv container provided by the city or Collector to segregate and collect any type of solid waste. Soecial 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. Vegetative waste means any vegetative matter resulting from routine and normal yard and landscaping maintenance generated on site and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar vegetative matter usually produced in the care of lawns, landscaping and yards. Wheeled canister, means 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 the curb for collection service and is emptied by mechanical hoisting on specialized trucks. Wheeled canisters when filled shall not exceed two hundred fifty (250) pounds. 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, exclusively or in coni unction with others. Sec. 19-4. Ownership bv city. City of Winter Springs Ordinance No. Page 6 of 12 Ownership of solid waste set out for collection shall be vested in the city. It shall be unlawful for any person other than the authorized collector to disturb, scatter, spread out, or remove any solid waste set out for collection. Law enforcement agencies and their personnel when within the scope of their employment are exempt from the provisions of this section. Nothing in this section shall be construed as prohibiting commercial establishments that generate recoverable materials from selling or otherwise conveying their recoverable material to any properly certified recovered materials dealer which satisfies the conditions provided in F.S. & 403.7046. Sec. 19-5. Schedule of fees. (a) Owners of any residential unit, business, commercial or industrial use within the city shall pay solid waste fees as established by the city commission. The schedule offees shall be established by a Solid Waste Collection Rate Resolution. Such collection rates may be reviewed and adiusted 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. (b) 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 lJroceedings in a court of competent iurisdiction, including a reasonable attorney's fee and costs, if such civil action is necessary. (c) 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 often 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. Transportinl!. City of Winter Springs Ordinance No. Page 7 of 12 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 ofthe inhabitants of the ~ Sec. 19-8. Containers required. (a) All owners, residents and all 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 establishment 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. (b) All residential units (single-family, duplex, and triplex residences), until such time as the City and/or its collector provide an automated cart program, owners or occupants shall provide individual containers. Residential units shall not be permitted to use dumpsters, but may use temporary roll-off containers for the collection of construction and demolition debris. (c) All multi-family units, business, commercial or industrial uses shall be required to provide dumpsters for the collection and disposal of solid waste. All dumpsters shall be screened, as required by Section 9-281, of this Code. Multi- family fee simple (condominium) 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 ofthe collector, a signed statement indicating that the amount of trash generated will not exceed two (2) wheeled canisters per week, and acknowledgement that if additional trash should be generated in the future the applicant understands that approval for wheeled canister service will be terminated. Applicant shall also submit a site plan showing the proposed paved storage location for the wheeled canisters with the proposed screening material. as provided in section 9-281. (d) It shall be the duty ofthe owner, manager, tenant or occupant of any multiple-dwelling unit to furnish or see that each unit with cooking facilities of said multiple dwelling is furnished or supplied with an individual container or containers or dumpster adequate and sufficient in size to complv with the terms of this article. All such solid waste containers shall be kept tightly covered at all times except when it is necessarv to lift the cover for disposal or removal of solid waste or to deposit solid waste therein. It shall be unlawful for any person to deposit solid waste in such amount in the individual containers or dumpsters that will not permit the cover thereof to be kept tightly in place City of Winter Springs Ordinance No. Page 8 of 12 Sec. 19-9. Residential solid waste pickup conditions. (a) Separation of solid waste. Each individual container shall contain solid waste, excluding yard trash, recyclable or recoverable materials, which shall be wrapped or inserted into individual containers in a plastic or paper bag before being inserted into individual containers. (b) Reeve/able or recoverable material. Recyclable or recoverable materials shall be placed in special containers provided by the city, except in the case of a commercial establishment which has contracted with a properly certified recovered materials dealer, as provided above in section 19-5 of this article. Only recyclable or recoverable materials may be contained in the special containers. Special containers shall be provided for each single-family residence, duplex and triplex and shall be placed bv each owner, resident or occupant at curbside in front of such residential unit. Multiple dwelling units shall be provided special containers for use by all occupants of such unit which shall be located at the discretion ofthe city manager. No solid waste, other than recyclable or recoverable materials, shall be placed in a special container. Recoverable items made of glass shall not be placed in special containers in a broken condition and shall not be broken in special containers. (c) Vegetative Waste. e Vegetative waste must be placed in a reusable container which shall not include any paper or plastic bag, unless such bag is a specialized vegetative waste bag approved by the designated facility. Vegetative waste shall not be commingled with any other solid waste or recyclable or recoverable material. Limbs shall not exceed four feet in length and shall not weigh in excess of 50 pounds. Limbs should be stacked in a uniform direction, and may be bundled by securing with rope, string, twine, cord or tape. Containers for vegetative waste shall be provided by the owner, resident, or occupant of any residential unit. (d) Solid waste. Solid waste other than vegetative waste and recyclable or recoverable materials shall be placed in individual containers, unless an automated cart program is provided. Each individual container shall not exceed 50 pounds of solid waste. Any item of solid waste shall not exceed the measurement of four feet in any direction. Containers for solid waste shall be provided by the owner, resident or occupant of any residential unit. Recyclable materials and vard trash shall not be commingled with other solid waste. (e) Pickup. Each owner, resident and occupant of any single-family residence, duplex, or triplex shall place individual containers and special containers within three (3) feet of curbside in front of such residential unit. Solid waste shall be removed by the collector according to schedules that the city from time to time shall publish. No individual containers or special containers shall be placed curbside earlier than sunset of the dav prior to collection and retrieved 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 special containers 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. City of Winter Springs Ordinance No. Page 9 of 12 (f) Location of solid waste containers. Solid waste 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. Solid waste 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 solid waste container shall be placed on any city right-of-way, except for immediate pickup, unless authorized in writing by the city manager in advance. Dumpsters shall not be placed in such manner as to hinder the closing of container lids. Sec. 19-10 Proper disposal prerequisite to collection. 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. Sec. 19-11. Unlawful acts. (a) Obstruction. It shall be unlawful for any person to park a motor vehicle in such a way that the collector cannot service dumpsters or otherwise to block access to such containers. (b) Container of another. It shall be unlawful for a person to place solid waste in a container assigned to another address, without written permission of the owner. (c) Burninf! or burvinf! 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. (d) Unlawful accumulation. It shall be unlawful for the owner, resident, occupant or manager or person responsible for any land or premises to permit, suffer or allow, either by commission or omission, any accumulation of solid waste upon l'remises or property within the city for a period longer than four days without having arranged for disposal ofthe 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 anv premises to fail to provide a sufficient number of solid waste containers per unit as provided in this article to amply provide for any four-day period of solid waste accumulation. Nothing contained in this section shall prevent the owner or occupant, resident, mana~er or person responsible for the premises to remove accumulations of solid waste on their own behalf, to a proper place of disposal. (e) Unlawful disposal. It shall be unlawful to deposit or dispose of solid waste upon the premises of another, or upon any street, alley, parkway or other public property, or any canal, ditch, water, waterway, river, ocean, beach, pool, pond or the like within the city or in the container of another, except that tenants of multiple dwellings or businesses, where authorized, may deposit such City of Winter Springs Ordinance No. Page 10 of 12 accumulations in containers which the owner or manager of the multiple dwelling or business building has authorized for the use of the tenants thereof. (f) Hazardous waste. It shall be unlawful for any person to deposit or dispose of any hazardous waste in individual or dumpsters from which the collector removes solid wastes for the city. Sec. 19-12. Penalties. Any person who violates anv 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. Section 3. 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. Section 4. 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 5. 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 6. 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. City of Winter Springs Ordinance No. Page II of 12 JOHN F. BUSH Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: G:\Lawyer\jeflb\City of Winter Springs\Ordinances\Solid_ Waste_Dumpster_ord.doc City of Winter Springs Ordinance No. Page 12 of 12 102504 Agenda Item Regular 505 ATTACHMENT A ORDINANCE 2004-34 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR INDIVIDUAL SOLID WASTE COLLECTION FOR CERTAIN MULTI-FAMILY RESIDENTIAL UNITS AND COMMERCIAL UNITS; AMENDING SECTION 9-280 AND 9-281, MINIMUM SCREENING REQUIREMENTS; EXTENDING THE COMPLIANCE DATE TO ALLOW FOR IMPLEMENTATION OF THESE CHANGES; PROVIDING FOR 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), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and 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, 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. 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 by this reference. Section 2. Ordinance 537 Repealed. The City of Winter Springs hereby repeals Ordinance 537 relating to solid waste collection. Section 3. Code Amendment, Chapter 9, Article IV, Division 7 and Chapter 19 Article I. The City of Winter Springs Code, Chapter 9, Article IV, Division 7, and Chapter 19, Article I, 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). 102504 Agenda Item Regular 505 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 allY 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 ','ariety and which 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, commeroial, and industrial land uses. Sec. 9-281. Minimum screening requirements. *** (8) Dumpsters located within an enclosed building are exempt from this section. Also exempted are entities making application to change from dumpster to wheeled canister service, until the status of their application is determined. Should the application be denied, the entity would then be required to comply fully with the screening requirements stated herein. (9) Dumpsters located on sites where the container can not be seen offsite, at a height of five feet above existing grade at any property line of the site, may apply for Special Exception to the screening requirements of this section. (10) A building permit must be obtained prior to the construction and/or installation of an enclosure. *** 102504 Agenda Item Regular 505 CHAPTER 19. UTILITIES ARTICLE I. IN CENERi\L. SOLID WASTE Sec. 19-1. Carbage seryiee to be provided far eertain tenants. (a) Property owners owning property in multi family residential or commeroial zoning olassifications who lease suoh properties to tenants shall provide garbage oollection and removal services for the properties they own. (b) Such garbage collection and removal services shall inolude a sufficient number of commeroial or industrial size dumpsters to adequately aooommodate the volume of garbage generated by the property and its tenants (0) Any person who 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 oontinue, and all suoh persons shall be required to correot or remedy such violations within a reasonable time; and when not otherwise specified, eaoh ten (10) days that prohibited oonditions are maintained shall eonstitute a separate offense. The applioation of the above penalty shall not be held to prevent the enf{)roed removal of prohibited conditions. (Ord. No. 409,99 1--3,2-22-88) SECTION 2. DEFINITIONS. Definitions. As used in this Article, and unless the context specifically indicates otherwise, the following terms and phrases shall be defined and construed to mean as follows: (a) Business. commercial or industrial sites. Any business, commercial, or industrial site which produces or accumulates solid waste and which is required to maintain dumpster service, except as established in this Article. (b) Construction and demolition debris. Non-hazardous solid waste generally considered not to be water soluble, including, but not limited to, steel. concrete, glass, brick, asphalt roofing material. pipe, gypsum wall board and lumber from a construction or demolition site. (c) 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. (d) Dumoster. 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, which is mechanically emptied into a specificallv equipped truck for transporting said waste to a designated facility. ( e) Franchisee. Any person or entity to whom the City has granted an exclusive franchise for the collection of solid waste and recyclable materials. (f) Garba'i!e. 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. (g) Individual solid waste collection. Separate solid waste collection for an occupant of a residential unit or business, where a refuse can or wheeled canister is placed at the roadside for collection. 102504 Agenda Item Regular 505 (h) 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. (i) Recvclable materials. Newspaper, glass, aluminum, steel cans, plastic bottles, and such other solid waste materials (as may be designated from time to time), which are capable of being recycled by the City or its franchisee. Recyclable materials are placed in City approved bins and placed at the roadside for collection. Recyclable materials as defined herein does not include materials primary to the operation of a business, commercial or industrial site. en Refuse can. A receptacle for solid waste collection with a capacity not greater than 32 gallons or 50 lbs. in weight, consisting of non-absorbent material construction, which is placed at the roadside for collection service and which can be manually hoisted by a single individual. No oil drums shall be used as refuse cans. (k) Residential unit. Any dwelling with kitchen facilities such as located in a single family, duplex, triplex, or multi-family residential building, or mobile home. (l) Roll off container / open toP. A container, 20 cubic yards or greater, that is temporarily located at a construction site for the temporary collection and storage of construction and demolition debris, land clearing debris or other waste. Roll-off containers are serviced for collection bv a speciallv equipped truck. (m) Solid waste. All discarded, non-hazardous, solid waste material resulting from residential. business, commercial and industrial operations including, but not limited to, garbage, yard trash, and industrial wastes. (n) Solid Waste Collection Rate Resolution. A resolution of the City Commission, which establishes rates and maximum permissible rates, for all options of solid waste collection in the City. (0) 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 the roadside 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. (0) Yard trash. Vegetative matter, resulting from yard and landscaping maintenance including tree and shrub trimmings, grass clipping, and palm fronds or small tree branches not exceeding four feet in length and four inches in diameter. Sec. 19-2. Solid Waste Collection - Generallv. (a) The City shall collect. or cause to be collected through issuance or renewal of a negotiated franchise, all solid waste and recyclable materials at regular intervals to be determined by the City. Ch) The City shall establish uniform rates for refuse can and wheeled canister solid waste collection and maximum permissible rates for dumpster, open top container / roll-off, and compactor solid waste collection, by adoption of the Solid Waste Collection Rate Resolution. Such collection rates shall be reviewed and adiusted periodically as may be necessitated by change in operating costs and administrative costs incurred by the City and/or it franchisee, changes in landfill tipping fees, and other costs or changes associated with compliance with county, state, or federal environmental regulations. 102504 Agenda Item Regular 505 (c) All residential units in the City shall be required to have solid waste and recyclable materials removed and disposed of by the City or its franchisee and for such service, or the availability of such service, shall pay the City or its franchisee such uniform rates as set by the Solid Waste Collection Rate Resolution. 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 therebv shall immediately be subject to this ordinance. (d) All business, commercial or industrial sites shall be required to have solid waste materials removed and disposed of by the City or its franchisee and for such service, or the availability of such service, shall pay the City or its franchisee according to the rates established in 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. (e) All solid waste or recyclable materials generated in the City shall be collected, transported and disposed of only by the City or by its franchisee. No person shall collect, transport or dispose of any solid waste or recyclable materials generated in the City without a written contract, license, franchise or permit fee from 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. (f) The City's franchisee shall have the authority to suggest such regulations governing the days and regulations for collection of solid waste and recyclable materials as it may deem necessary and to suggest changes and modifications to such regulations to the City Commission, provided that such changes and modifications are not contrary to this Article and are in compliance with any applicable franchise agreement. (g) The property owner of each residential unit, or business, commercial or industrial site, jointly 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. (h) 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 propertv 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. (i) Multi-family fee simple residential units shall not be required to provide and maintain dumpsters and dumpster enclosures, if thev have been approved for individual solid waste collection, under the terms of a Development Agreement or by making application to the City. 102504 Agenda Item Regular 505 (j) All dumpsters shall be placed within an approved enclosure as described in Section 9- 281. Gates and latches on dumpster enclosures shall be kept fully operable and shall be closed except during scheduled collection periods. (k) Dumpsters and wheeled canisters shall be 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. (l) 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. (m) No hazardous materials or materials which are prohibited bv law from being disposed of in a landfill shall be deposited in any refuse can, wheeled canister, dumpster, open top container / roll off, compactor, or left at roadside for collection. The City and its franchisee mav refuse to collect any such materials thought to be in violation of this Article. (n) Any person who violates this Article 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 within a reasonable time: and when not otherwise specified, each ten (10) 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. Sec. 19-3. Re2ulations Re2ardin2 Individual Solid Waste Collection. (a) Wheeled canisters, refuse cans, and recyclable materials to be collected by the City or its franchisee shall be placed at roadside for collection no earlier than sunset of the dav prior to garbage collection and returned to storage by sunset of the day of collection. Where the occupant of a residential unit is disabled or physically unable to deliver solid waste or recyclable materials to the roadside, and there is no other person occupying the unit physicallv able to do so and these conditions are certified to the franchise by the City, a back yard or side yard location for collection mav be arranged at no extra cost to the resident. (b) Until such time as the City or the City's franchisee provides wheeled canisters, occupants of residential units are required to furnish their own refuse can, as defined herein. (c) Wheeled canisters shall be placed within a designated storage area when not being made accessible for trash pickup or shall be subject to fine. (d) Storage of wheeled canisters shall be on a paved surface in an area that is screened from view from public rights-of-way and adjacent properties. Screening shall be constructed of durable material that is architecturally compatible and consistent with the adjacent building or shrubbery of ample size mav be substituted as suitable screening material. (e) Occupants utilizing individual solid waste collection are required to keep wheeled canisters in a designated storage area when not being made accessible for trash pickup or shall be subject to fine. (f) Multi-family residential units or business, commercial or industrial sites with existing dumpsters who wish to be considered for wheeled canister service must: (1) Make application to the City requesting wheeled canister service: (2) Sign a statement indicating that the amount of trash generated will not exceed two (2) wheeled canisters a week, and if additional trash should be 102504 Agenda Item Regular 505 generated in the future the applicant understands that consideration for wheeled canister service will be terminated. In anv 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: (3) Submit with the application, a site plan showing the proposed paved storage location (for UP to two (2) wheeled canisters), 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 trash pickup: (g) The City shall provide recycling bins for depositing recyclable materials at roadside 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 recvcling bin. (h) All yard trash shall be bundled and tied, or placed in bags or refuse cans or wheeled canisters for collection. (i) All other regulations regarding the collection of solid waste and recvclable materials from residential units shall be established bv resolution of the City Commission, with the advice and input of its franchisee. Sec. 19-4. Prohibited Acts; Penalties for Offenses (a) Except as provided in this Article, it shall be unlawful and a violation of the Code for any person other that the City and its Franchisee to: (1 ) Engage in the for profit collection, transportation or disposal of solid waste or recyclable materials generated by any residential unit or business, commercial or industrial site in the City. (2) Remove solid waste or recyclable materials from any collection container or recycling bin. (3) Place or cause to be placed any solid waste or recyclable materials in a location not serviced by the City or its franchisee. (4) Place or cause to be placed any solid waste or recyclable materials on the property of another. (5) Offer or authorize solid waste or recyclable materials for collection, transport or disposal by any person other than the City or its franchisee provided, however, that voluntary and non-profit organizations mav collect recyclable materials for charitable, philanthropic or fundraising purposes. (6) Fail to make timelv payment to the City or its franchisee for the services made available pursuant to this Article. (7) Do anv act prohibited, or fail to do any act required, bv this Ordinance. (b) The penalties for any violation of the provisions of the Article are as provided for by law. (c) The City at its option may utilize its Code Enforcement Board and the procedures set forth in Chapter 2, Article III, Division 2 of this Code for enforcement of this Article. (d) The City or its franchisee may discontinue any service to an owner or occupant of any residential unit or business, commercial or industrial site who fails to comply with any of the provisions of this Article or any regulations promulgated pursuant to this Article, including those 102504 Agenda Item Regular 505 relating to payment. The City shall have the authority, however, to direct its franchisee to continue service notwithstanding any delinquency in payment upon written assumption by the City of the delinquency and any additional fees which accrue by virtue of the franchisee's continued service. Sec. 19-5-19-25 Reserved. *** 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. Section 5. Incorporation into the 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 or 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 protons 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. ADOPTED by the City Commission ofthe 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: ANTHONY A. GARGANESE, City Attorney First Reading: 102504 Agenda Item Regular 505 Second Reading: Effective Date: