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