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HomeMy WebLinkAbout2013 10 28 Public Hearing 503 Waste Management Services - Enforcement Ordinance 2013-17 1st Reading COMMISSION AGENDA Informational Consent ITEM 503 public Hearings X Regular October 28, 2013 KS Regular Meeting City Manager Department REQUEST: The City Manager and City Attorney recommend that the City Commission consider passing on First Reading Ordinance No. 2013-17 regarding the enforcement of the City's authority to regulate the collection and disposal of solid waste within the jurisdictional limits of the City. SYNOPSIS: The City Commission has historically and traditionally regulated the collection and disposal of solid waste within the City of Winter Springs. For example, currently Ordinance No. 2006-01 is in effect which grants an exclusive solid waste franchise to Waste Pro of Florida, Inc. to collect and dispose of all residential and commercial solid waste in accordance with the terms and conditions of a franchise agreement. Ordinance No. 2013-17 reemphasizes the powers and authority granted to municipalities by the Florida Legislature under Chapters 166, 180, and 403, Florida Statutes for solid waste collection and disposal that have been traditionally recognized by the courts. Further, the Ordinance authorizes code enforcement staff to issue civil code citations to any person or entity that provides solid waste collection and disposal services to real property within the jurisdictional limits of the City without first obtaining a franchise or license from the City or in violation of any applicable solid waste franchise awarded and adopted by the City. Such violations will constitute a Class III ($300) penalty. Each refuse container, trash receptacle, rolloff container, mechanical cart, or mechanical container collected in violation of Ordinance No. 2013-17 shall constitute a separate violation. The proposed ordinance, if adopted, will be permanently codified in the City Code until repealed or modified. CONSIDERATIONS: Public Hearings 503 PAGE 1 OF 3-October 28,2013 1. Pursuant to Chapters 166, 180, and 403, Florida Statutes, the City has the authority to regulate the collection and disposal of residential and commercial solid waste and construction debris within the jurisdictional limits of the City. 2. As noted in Agenda Item 502 previously considered at this meeting, the City has recently experienced an issue which could impede the City's ability to exercise the authority to comprehensively regulate the collection and disposal of solid waste within the City. 3. Ordinance No. 2013-17 reemphasizes the powers and authority granted to municipalities by the Florida Legislature under Chapters 166, 180, and 403, Florida Statutes for solid waste collection and disposal that have been traditionally recognized by the courts. Further, the Ordinance authorizes code enforcement staff to issue civil code citations to any person or entity that provides solid waste collection and disposal services to real property within the jurisdictional limits of the City without first obtaining a franchise or license from the City or in violation of any applicable solid waste franchise awarded and adopted by the City. 4. Such violations will constitute a Class III ($300) penalty. Each refuse container, trash receptacle, rolloff container, mechanical cart, or mechanical container collected in violation of Ordinance No. 2013-17 shall constitute a separate violation. 5. If Ordinance 2013-17 is adopted by the Commission, it will be codified in the City Code and supplant in its entirety Emergency Ordinance 2013-16. Ordinance 2013-16 will be deemed automatically repealed at that time. 6. Second and final reading of Ordinance 2013-17 is scheduled for November 18, 2013. FISCAL IMPACT: None. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Public Hearings 503 PAGE 2 OF 3-October 28,2013 The City Manager and City Attorney recommend that the City Commission pass Ordinance No. 2013-17 on First Reading and schedule the second and final reading of the Ordinance for adoption on November 18, 2013. ATTACHMENTS: • Ordinance 2013-17 Public Hearings 503 PAGE 3 OF 3-October 28,2013 ORDINANCE NO. 2013-17 AN ORDINANCE OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA REGULATING THE COLLECTION AND DISPOSAL OF SOLID WASTE WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF WINTER SPRINGS; ESTABLISHING A CIVIL CITATION FINE AS A SUPPLEMENTAL MEANS OF ENFORCING THE CITY'S AUTHORITY TO REGULATE THE COLLECTION AND DISPOSAL OF SOLID WASTE AND ANY EXCLUSIVE SOLID WASTE FRANCHISE ADOPTED BY THE CITY; PROVIDING SEVERABILITY, REPEAL OF ORDINANCE NO. 2013-16, INCORPORATION INTO THE CODE,AND AN EFFECTIVE DATE. WHEREAS, this Ordinance is adopted pursuant to the powers and authority granted to municipalities by the Florida Legislature under Chapters 166, 180, and 403, Florida Statutes, which powers and authority have been traditionally recognized by the courts; and WHEREAS, solid waste collection and disposal is a traditional municipal function under Florida law, Bennett Electric Co. v. Village of Miami Shores, 11 F. Supp.2d 1348 (S.D. Fla. May 6, 1998), and a city may require that it be the sole and exclusive provider of garbage service within its jurisdiction. United Sanitation Services of Hillsborough, Inc. v. City of Tampa, 302 So. 2d 435 (Fla. 2nd DCA 1974); and WHEREAS, the City Commission desires to emphasize that the City has the exclusive right to regulate solid waste collection and disposal within the jurisdictional limits of the City in accordance with law; and WHEREAS, section 19-2(a) of the Winter Springs Code provides that all property owners shall be required to utilize the solid waste services provided by the city in accordance with any applicable solid waste franchise awarded by the city and in accordance with other applicable law; and WHEREAS, the City Commission finds that the intrusion of any person, private or governmental entity or organization into the field of solid waste collection and disposal in violation of the City Code or any applicable City's franchise ordinance is a substantial threat to the public health, safety and welfare of the City and its residents and property owners and the legitimate governmental interest of the City to exclusively provide for the efficient and proper methods of collecting and disposing of solid waste within the jurisdictional boundaries of the City of Winter Springs. See Pahokee Housing Authority, Inc. v. South Florida Sanitation Company, 478 So. 2d 1107 (Fla. 4th DCA 1985) (rejecting housing authority's claim that state law exempted housing authority from county's exclusive solid waste franchise); United Sanitation Services of Hillsborough, Inc. v. City of Tampa, 302 So. 2d 435 (Fla. 2d DCA 1974) (garbage enterprise may not only be regulated but also exclusively performed as an essential part City of Winter Springs Ordinance 2013-17 Page 1 of 3 of a public service by a municipality even if the exclusive collection of garbage results in the complete preclusion of other such collections); West Coast Disposal Service. Inc. v. Smith, 143 So. 2d 352 (Fla. 2d DCA 1962); and WHEREAS, the City Commission declares that it is the City's intention to continue to exercise its authority to regulate the collection and disposal of solid waste within the City and to honor any franchise ordinance and agreement which is awarded by the City; and WHEREAS,although section 1-15 of the City Code currently provides that any violation of City ordinances is subject to a fine of not more than $500, the City Commission desires to expressly authorize the use of civil citations as a more efficient and supplemental means of enforcing the City's right to regulate the collection and disposal of solid waste within the City and any duly approved franchise ordinance against persons and entities that intrude into the field of solid waste collection and disposal in violation of any franchise ordinance and City Code; and WHEREAS, the City Commission of Winter Springs also finds that this Ordinance is in the best interests 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 deemed true and correct and constitute legislative findings of the City Commission of Winter Springs. Section 2. Section 19-3 City Code Adopted. The City of Winter Springs Code of Ordinances, Section 19-3 is hereby created follows (underlined type indicates additions to the City Code): Sec. 19-3 Solid Waste Collection and Disposal Authority; Establishment of Civil Citation Penalty for Violations. (a) All solid waste accumulated on real property within the City shall be collected, conveyed and disposed of by the City or its designated agents, licensees, or franchisees pursuant to the terms and conditions adopted by the City for the collection,conveyance and disposal of solid waste in accordance with law. (b) It shall be unlawful for any person or entity to provide solid waste collection and disposal services to real property located within the jurisdictional limits of the City without having first obtained a franchise or license from the City. The City shall have the right to impose a franchise or license fee for the use of City rights- of-way,roads, streets, and other public ways. (c) It shall be unlawful for any person or entity to provide solid waste collection and disposal services to real property within the jurisdictional limits of the City in violation of any applicable solid waste franchise awarded and adopted by the City. City of Winter Springs Ordinance 2013-17 Page 2 of 3 (d) A violation of subsection(b)or(c) shall constitute a Class III violation($300) and shall be subiect to the Citv's civil code enforcement ordinance § 2-66 et. seq. Each refuse container, trash receptacle, rolloff container, mechanical cart, or mechanical container collected in violation of subsection (b) or (c) shall constitute a separate violation. Section 3. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 4. Repeal of Prior Inconsistent Ordinances. Upon the effective date of this Ordinance, Ordinance No. 2013-16 shall be deemed automatically repealed and no longer of full force and effect. 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 and as provided by City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida on this day of November, 2013. Charles Lacey,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 City of Winter Springs Ordinance 2013-17 Page 3 of 3