New City of Miami Beach Recycling 2013 Ordinance for Multifamily Residences and Commercial Establishments http://web.miamibeachfl.gov/recycle/scroll.aspx?id=71525
ORDINANCE NO. 2012-3768
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI BEACH CITY CODE, ENTITLED ” SOLID WASTE,” BY AMENDING THE DEFINITIONS IN ARTICLE I, ENTITLED ” IN GENERAL,” BY AMENDING SECTION 90-2, ENTITLED ” DEFINITIONS”; BY AMENDING ARTICLE II, ENTITLED ” ADMINISTRATION” BY AMENDING THE PENALTIES FOR SOLID WASTE VIOLATIONS AND TO PROVIDE PROVISIONS AND PENALTIES RELATIVE TO RECYCLING FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS; BY CREATING ARTICLE V, TO BE ENTITLED ” CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS,” TO PROVIDE PROVISIONS FOR RECYCLING REQUIREMENTS AND ENFORCEMENT, A PUBLIC EDUCATION PROGRAM, A WARNING PERIOD, AN ENFORCEMENT DATE, REQUIREMENTS FOR RECYCLING CONTRACTORS, PENALTIES, AND SPECIAL MASTER APPEAL PROCEDURES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the recycling of recyclable materials is in the – best interest of the environment, City residents, and in maintaining the City’ s prominence as a world class resort destination; and
WHEREAS, by managing solid waste and conserving material resources through reduction, reuse, and recycling, the City will help minimize impacts to the quality and safety of the local environment, reduce costs of waste disposal, and decrease the carbon footprint associated with the production use, and disposal of materials; and
WHEREAS, the City seeks to establish a Citywide Recycling Program for multifamily residences and commercial establishments that provides standards that are equivalent to or exceed the minimum recycling requirements of Miami- Dade County; and
WHEREAS, pursuant to Sections 15- 2.2 through 15- 2.4 of the Miami- Dade County Code, the City and Miami- Dade County have agreed that the following Citywide Recycling Program meets the minimum standards set forth in section 15- 2. 5 of the Miami- Dade County Code and, in conjunction with the passage of this Ordinance, the City and Miami- Dade County
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article I, entitled ” In General,” of Chapter 90 of the Miami Beach City Code, entitled ” Solid Waste,” is hereby amended as follows:
CHAPTER 90
SOLID WASTE
ARTICLE I. IN GENERAL
Sec. 90-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial establishment means an establishment dealing in an exchange of goods or services for money or barter. For purposes of this chapter, the term shall include churches, synagogues and schools.
Multifamily residence means a building occupied or intended to be occupied by two (2) or more families living separately, with separate kitchens in each unit.
Offense means a notice of violation that has not been appealed timely or a finding of a violation by a special master following the appeal of a violation.
Premises means real property and includes any buildings or structures thereon.
Recyclable materials means those materials capable of being recycled and which would otherwise be processed or disposed of as solid waste. Any recyclable material mixed with solidwaste shall be considered to be solid waste.
Recycling means any process by which recyclable materials are collected, separated, or processed to be reused or returned to use in the form of raw materials or products.
Recycling container means a container approved by the city manager for collection of recyclable material by a recycling contractor.
Recycling contractor means a private contractor licensed by the city and state who collects recyclable materials and transports same to a state or county-licensed recycling facility for processing. Recycling contractors must provide their customers with a separate recycling container for recyclable materials.
Single-stream recycling means a process by which certain recyclable materials are mixed together instead of being sorted into separate recycling containers in the collection process.
SECTION 2. That Article II, entitled ” Administration,” of Chapter 90 of the Miami Beach City Code entitled ” Solid Waste,” is hereby amended as follows:
CHAPTER 90
SOLID WASTE
ARTICLE II. ADMINISTRATION
Sec. 90- 36. Enforcement of chapter; notice of violation.
(a) The city manager is hereby authorized and directed to enforce all the provisions of this chapter regulating and governing the accumulation, collection., and disposal of solid waste. The city manager shall have the power to delegate duties to employees working under his authority (including, without limitation, the city’ s public works director) in the enforcement of the provisions of this chapter.
(b) Upon presentation of proper credentials, an inspector designated by the city manager may enter any building, structure, lot or other premises for the purpose of inspection, or to prevent violations of this chapter.
(c) The existence of solid waste shall be prima facie evidence that the same was created or placed there by the occupant of the dwelling or commercial establishment; or the owner; or the operator or manager. The existence of the same garbage inside the same garbage containers for four (4) consecutive days upon premises serviced by a private waste contractor shall be prima facie evidence of a violation of this chapter by the contractor. For purposes of this section premises serviced by a private waste contractor shall not include accounts that have been discontinued by the contractor when notice of discontinued service has been mailed to the owner, occupant; or operator or manager, as well as to the city, prior to the accumulation of the garbage.
(d) Whenever a designated city inspector observes a violation (or violations) of this chapter regarding solid waste or an accumulation of solid waste that creates a health hazard, environmental hazard, or nuisance, the inspector shall order the violation( s) to be corrected within a specified period of time by serving a written notice of violation( s) upon the person causing, or responsible for, such violation and/ or health hazard, environmental hazard, or nuisance. Such person shall immediately cease or abate the violation(s).
(e) A T4: e notice of violation shall be served personally or by certified mail upon the property owner or upon the persons in lawful possession of the premises, and/ or upon the waste contractor servicing the premises. If the person addressed with such notice cannot be found by the city after making reasonable good faith effort, such notice shall be sent by certified mail to the last known address of such person, and a copy of the notice shall be posted in a conspicuous place on the premises. Such notice shall be deemed the equivalent of personal service.
(f) The notice shall specify any fine(s) that may be due in connection with the violation(s)., the time specified by the inspector to correct the violations, and the procedure for timely payment or appeal of the fine(s).
(g) If the inspector determines that the conditions constitute an immediate threat to the health, safety or welfare of the public, he/ she may order the immediate correction of the 3 violation(s) at the expense of the occupant; owner; or operator or manager and the city shall have the right to recover such expenses as provided in section 90- 4-36 37.
(h) The enforcement of the recycling requirements for the citywide recycling program for multifamily residences and commercial establishments provided for in Article V of this chapter, and the penalties for violations of Article V, are provided in sections 90-345 through 90-347 of this chapter.
Sec. 90- 37. Removal of waste by city; penalties for violations.
If the person served with a notice of violation pursuant to section 90- 36 does not correct the violation within the specified time, the city manager may do the following:
1) For violations involving failure to remove solid waste, the city manager may cause the waste to be removed from the premises and charge the actual costs to the owner; occupant; or operator or manager, on a force account basis. Any fine due pursuant to section 90- 39 or 90-40 shall also be charged to the owner; occupant; or operator or manager. Failure to pay such costs and fines or to appeal pursuant to section 90- 38 within fifteen (15) days of receipt of the notice shall result in the imposition of a lien upon the property, in the amount of such costs and fines. Such liens shall be treated as special assessment liens against the subject real property and, until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such liens shall be enforced by any of the methods provided in Ch. 86, Florida Statutes; or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Ch. 173; Florida Statutes; or the collection and enforcement or payment thereof may be accomplished by any other method authorized by law. The owner; occupant; or operator or manager shall pay all costs of collection, including reasonable attorneys fees incurred in the collection of fines, and other charges, penalties, and liens imposed by virtue of this chapter.
2) For violations of this chapter for which no fine is specified in sections 90-39 and 90-40, the city attorney may prosecute the violators pursuant to section 1- 14.
Fines for such offenses shall be as follows:
a. First offense, $ 350. 00.
b. Second offense, $ 500. 00.
c. Third offense, $ 1, 000. 00.
d. Fourth or subsequent offense, $ 5,000.00.
3) For violations which present a serious threat to the health, safety or welfare of the public and/or violations that are GGRtinwally Fepeated constitute a fourth or subsequent offense by the same violator, the city attemey may seek injunctive relief and/ or, in the case of commercial establishments, revoke the business tax receipt and/ or certificate of use of the establishment and/ or premises, in addition to the penalties set forth in sec. 90- 37(2),
Sec. 90- 38. Appeal to special master.
(a) Any person receiving a notice of violation pursuant to section 90- 36 and/ or a notice of fine pursuant to sections 90- 39 and/ or 90-40 may request, within fifteen (15) days of receipt of the notice, an administrative hearing before a special master, appointed as provided in article II of chapter 30, to appeal the decision of the city inspector resulting in the issuance of the notice. Procedures and application fee for the scheduling and conduct of the hearing shall be as provided in sections 102- 384 and 102- 385. Failure to appeal within the prescribed time period shall constitute a waiver of the violator’s right to an administrative hearing. A waiver of the right to an administrative hearing shall be treated as an admission of the violation, as noticed, and fines and penalties may be assessed accordingly.
(b) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of a lien pursuant to section 90- 37 or 90- 136, or enforcement procedures pursuant to section 90- 36, until thirty (30) days after the issuance of a written determination by the special master. Any amounts of money due the city pursuant to such determination must be received by the city within thirty (30) days after the issuance of the determination, or a lien shall be imposed upon the property in question, and any other enforcement or collection procedures commenced, as provided by this chapter or under state law.
SECTION 3. That Article V, to be entitled ” Citywide Recycling Program for Multifamily Residences and Commercial Establishments,” of Chapter 90 of the Miami Beach City Code, entitled ” Solid Waste,” is hereby created as follows:
CHAPTER 90
SOLID WASTE
ARTICLE V.
CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS
Sec. 90- 340. Recycling program and separation of recyclable materials from solid waste stream required for multifamily residences of nine (9) dwelling units or more; owner/association liability; recycling contractors’ assistance.
(a) As of January 1, 2013, every multi-family residence of nine (9) dwelling units or more shall provide a recycling program pursuant to this section or a City approved modified recycling program pursuant to section 90- 344. The property owner shall be liable for the failure to provide a recycling program or a modified recycling program approved by the City, provided, however, that a condominium or cooperative apartment having a condominium association or a cooperative apartment association shall be liable, rather than the individual unit owner(s), for a violation of this subsection. Further, recycling contractors shall assist and provide written notice to the director of public works in identifying multifamily residences subject to this article which do not have a recycling program or, in the alternative, which have allowed a recycling program to lapse or expire.
(b) As of January 1, 2013, every multifamily residence of nine (9) dwelling units or more shall be required to use a single stream recycling process to separate, from all other solid waste, the five (5) following recyclable materials:
- Newspaper. Used or discarded newsprint, including any glossy inserts;
- Glass. Glass jars, bottles, and containers of clear, green or amber brown) color of any size or shape used to store and/ or package food and beverage products for human or animal consumption, and/ or used to package other products, which must be empty and rinsed clean of residue. This term excludes ceramics, window or automobile glass, mirrors, and light bulbs;
- Metal food and beverage containers. All ferrous and nonferrous ( i. e., including, but not limited to, steel, tin- plated steel, aluminum and bimetal) food and beverage containers ( i. e., including, but not limited to, cans, plates, and trays) of any size or shape used to store and/ or package food and beverage products suitable for human or animal consumption, which must be empty and rinsed clean of residue;
- Other metal containers. All other ferrous and non ferrous containers used to package household products including, but not limited to, paint cans and aerosol cans, which must be empty and rinsed clean of residue,
- Plastics. All high density polyethylene ( HDPE) and/ or polyethylene terephthalate (PET) bottles, iuqs, jars, cartons, tubs, and/ or other containers, and lids, of any size or shape used to package food, beverages, and/ or other household products, or crankcase oil, which must be empty and rinsed clean of residue. This term excludes all plastic film, plastic baps, vinyl, rigid plastic ( i. e., toys), and plastic foam materials; and
c) Every multifamily residence of nine (9) dwelling units or more shall be serviced by a recycling contractor licensed by the city and state.
Sec. 90- 341. Recycling program and separation of recyclable materials from solid waste stream required for commercial establishments; joint and several liability; recycling contractors’ assistance.
(a) As of January 1, 2013, every commercial establishment shall provide a recycling program pursuant to this section or a City approved modified recycling program pursuant to section 90-344. The failure of a commercial establishment to provide a recycling program or a modified recycling program shall result in joint and several liability for the property owner(s) and the owner(s) and operator(s) of the commercial establishment. Further, recycling contractors shall assist and provide written notice to the director of public works in identifying commercial establishments which do not have a recycling program or, in the alternative, which have allowed a recycling program to lapse or expire.
(b) As of January 1, 2013, every commercial establishment shall be required to use a single stream recycling process to separate, from all other solid waste, three ( 3) of the following seven (7) recyclable materials.
- Newspaper, Cardboard, Magazines, and Catalogues, Telephone Books and/or Directories, and Office Paper. As defined, but not limited to, the same type(s) of recyclable materials as provided in Section 90- 340( b)( 1);
- Glass. As defined and including the same type(s) of recyclable materials as provided in Section 90- 340( b)( 1)( 2);
- Metal food and beverage containers. As defined and including the same type(s) of recyclable materials as provided in Section 90-340( b)( 3);
- Other metal containers. As defined and including the same type(s) of recyclable materials as provided in Section 90-340( b)( 4), but also, for purposes of this subsection (4), including scrap metal, which shall mean used or discarded items suitable for recycling, consistinq predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof including, but not limited to, bulk metals such as large metal fixtures and appliances ( including white goods such as washing machines, refrigerators, etc.), but excluding metal containers utilized to store flammable or volatile chemicals, such as fuel tanks;
- Plastics. As defined and including the same type( s) of recyclable materials as provided in section 90- 340( b)( 5);
- Textiles;
- Wood. Clean wood waste and/ or pieces generated as by-products from manufacturing of wood products. It excludes clean yard waste and clean waste (i. e. natural vegetation and minerals such as stumps, brush, blackberry vines, tree branches, and associated dirt, sand, tree bark, sand and rocks), treated lumber, wood pieces, or particles containing chemical preservatives, composition roofing, roofing paper, insulation, sheetrock, and glass,
(c) Every commercial establishment shall be serviced by a recycling contractor licensed by the city and state.
Sec. 90- 342. Unauthorized collection of designated recyclable materials.
Only those recycling contractors that have been authorized and licensed by the city and the state to collect designated recyclables in the city shall be authorized to collect recyclable materials under this article. All recycling contractors shall comply with all applicable state and city laws and regulations.
Sec. 90-343. Public education program; requirements for recycling contractors; warning period; enforcement date.
a) Beginning June 1, 2012, the city shall engage in public education efforts and the city shall not prosecute individuals who unknowingly fail to provide a recycling program or acity approved modified recycling program, or unknowingly fail to separate recyclable materials from all other solid waste materials required to be separated by this article, until as provided in subsections (c) and (d) of this section.
b) All recycling contractors must appropriately designate the recycling collection containers they provide to customers. The containers must contain the appropriate signage and information, as shall be established and approved by the city pursuant to subsection (c) below, that allows users to clearly and easily identify the container for recycling.
c) Beginning January 1, 2013, the city shall provide for a six (6) month warning period, through and including BesembeF 34, 204-2, June 30, 2013, in which warning tickets shall be issued to persons who fail to provide a recycling program, or a City approved modified recycling program, or fail to separate recyclable materials from all other solid waste materials, regardless of knowledge or intent.
d) Beginning July 1, 2013, this article shall be enforced and penalties shall be applied and imposed for violations of this article as provided in sections 90- 345 and 90- 346. Notwithstanding the foregoing, prior to July 1, 2013, the City Manager shall bring the enforcement provisions of Article V to the City Commission for its review and consideration.
Sec. 90- 344. Modified recycling programs.
a) Recycling programs which incorporate modifications, substitutions or reductions to the requirements of Sections 90-340 and 90-341 may be submitted to the city’ s public works director (” director”) for approval. Approval, resection, or approval with conditions of the proposed modified recycling program shall be determined by the director. The director shall consider the following factors in evaluating the proposed modified recycling program:
- Whether the establishment operates a recycling program, and is self-hauling the materials to a recyclable material vendor.
- Whether the establishment generates a lesser number of recyclable materials than the required minimum types of recyclables required in Sections 90-340 or 90- 341, as applicable.
- Whether the establishment generates and recycles materials not listed in Section 90- 340 or Section 90- 341, as applicable.
- Whether the establishment is contracting with a permitted private hauler for collection services, which services provide for a post- collection separation of recyclable material, and which:
(i) recyclable materials which comply, in kind and quantity, with the
recycling requirements provided for in Section 90- 340 or Section 90- 341, as applicable; and
(ii) utilize a materials separation facility which is permitted in accordance with all applicable federal, State and local laws.
b) Any person seeking approval of a modified recycling program shall submit an application in such form as is prescribed by the director. All modified recycling programs shall be reviewed on an annual basis and applicants shall be required to confirm or revise the information contained in their applications at that time. An application for approval of a modified recycling program shall include, but not be limited to, the following documentation, as appropriate to the specific application:
- Supporting documentation to evidence self-haul activities, which shall include proof of source- separation activities and copies of receipts from recyclable material purchasers.
- A waste composition study of the waste generated by the applicant, which shall cover a representative time period of no shorter than one (1) week.
- A copy of the applicable contract with a post-collection separation facility, specifying materials and volumes recycled which are attributable to the applicant.
Sec. 90- 345. Enforcement.
(a) The city manager is hereby authorized and directed to enforce all the provisions of this article regulating and governing the accumulation, collection, recycling, and disposal of recyclable materials. The city manager shall have the power to delegate duties to employees working under his authority in the enforcement of the provisions of this article.
(b) Whenever a designated city inspector observes a violation(s) of this article, or an accumulation of recyclable materials that creates a health hazard, environmental hazard, or nuisance, the inspector shall order the violation(s) to be corrected within a specified period of time by serving a written notice of violation( s) upon the property owner or upon the manager or other person in charge. Such person(s) shall immediately cease or abate the violation(s).
(c) If the inspector determines that the conditions constitute an immediate threat to the health, safety or welfare of the public, the inspector may order the immediate correction of the violation(s) at the expense of the property owner, manager, or other person in charge, and the city shall have the right to recover such expenses as provided in section 90- 37(1).
(d) A notice of violation shall be served personally or by certified mail upon the property owner, or upon the manager or other person in charge of the premises. If the person addressed with such notice cannot be found by the city after making a reasonable good faith effort, such notice shall be sent by certified mail to the last known address of such person, and a copy of the notice shall be posted in a conspicuous place on the premises. Such notice shall be deemed the equivalent of personal service.
(e) Beginning July 1, 2013, violators of sections 90-340 and 90-341 shall be issued one warning and shall correct the violation within 30 days. If the violation is not corrected within 30 days, a notice of violation shall be issued. After one warning, violators of sections 90- 340 and 90- 341 shall be issued a notice of violation. All notices of violations shall specify any fine or penalty that may be due in connection with the violation(s), the time specified by the inspector to correct the violation(s), and the procedure for timely payment or appeal of the fine or penalty.
Sec. 90-346. Penalties for violations of this article; removal of recyclable materials by
city; liens imposed for failure to pay fines or appeal.
(a) Penalties for violations of sections 90- 340(a) and 90- 341(a) shall be as follows:
(1) For the first violation, a fine of$ 350. 00.
(2) For the second violation, a fine of$ 500.00.
(3) For the third violation, a fine of$ 1000. 00.
(4) For the fourth violation, a fine of$ 2, 500.00.
(b) The penalty for violation of sections 90-340(b) and 90- 341(b) shall be as follows:
(1) For the first violation, no fine.
(2) For the second or subsequent violations, a fine of $100.00.
(c) The penalty for all other violations of this article shall be $ 250. 00 for each violation.
(d) Any penalty due pursuant to this article shall be charged to the person or entity as provided in section 90- 340(a) or section 90- 341(a). Failure to pay such costs and penalties, or to appeal pursuant to section 90- 347 within fifteen ( 15) days of receipt of the notice of violation shall result in the imposition of a lien upon the premises, in the amount of such costs and penalties. Such liens shall be treated as special assessment liens against the subject real property and, until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such liens shall be enforced by any of the methods provided in Ch. 86, Florida Statutes; or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Ch. 173; Florida Statutes; or the collection and enforcement or payment thereof may be accomplished by any other method authorized by law. The owner, occupant, operator, or manager of the premises shall pay all costs of collection, including reasonable attorneys fees incurred in the collection of fines, and other charges, penalties, and liens imposed by virtue of this chapter.
(e) For violations which (i) present a serious threat to the health, safety or welfare of the public, and/ or (ii) constitute a fourth or subsequent offense by the same violator under section 90- 346(a), the city may seek injunctive relief and/or, in the case of commercial establishments, revoke the business tax receipt and/ or certificate of use of the establishment and/or premises, in addition to the penalties set forth in section 90- 346(a), (b), or (c), as applicable.
Sec. 90- 347. Appeal to Special Master.
(a) Any person receiving a notice of violation pursuant to this article may request, within fifteen (15) days of receipt of the notice, an administrative hearing before a special master, appointed as provided in article II of chapter 30, to appeal the decision of the city inspector resulting in the issuance of the notice. The procedures and application fee for the scheduling and conduct of the hearing shall be as provided in sections 102-384 and 102- 385. Failure to appeal within the prescribed time period shall constitute a waiver of the violator’s right to an administrative hearing. A waiver of the right to an administrative hearing shall be treated as an admission of the violation, and fines and penalties may be assessed accordingly.
(b) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of a lien or enforcement procedures pursuant to section 90-347, until thirty (30) days after the issuance of a written determination by the special master. Any costs or penalty amounts due the city pursuant to such determination must be received by the city within thirty (30) days after the issuance of the determination, or a lien shall be imposed upon the premises, and any other enforcement or collection procedures may be commenced, as provided by this chapter or under state law.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 6. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word ” ordinance” may be changed to ” section,” article,” or other appropriate word.
SECTION7. EFFECTIVE DATE.
This Ordinance shall take effect the 16th day of June, 2012.
PASSED and ADOPTED this 6th day of June, 2012.
MAYOR MATTI HERRERA BOWER
