96-21 ORDINANCE NO. 96-21
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE ISSUANCE OF SOLID WASTE
COLLECTION FRANCHISES; REQUIRING FRANCHISE
FOR SOLID WASTE COLLECTIONS; IMPOSING
FRANCHISE FEE FOR SOLID WASTE COLLECTION
ACTIVITIES; AWARDING FRANCHISES TO CERTAIN
PERMITTED PRIVATE HAULERS; PROVIDING FOR
SEVERABILITY, PENALTY AND AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") has the authority to require persons
and entities engaging in the business of the collection of solid waste in the City to obtain a
franchise from the City and to pay solid waste collection franchise fees imposed by the
City; and
WHEREAS, the City Council desires to issue such franchises and to impose such
franchise fees, as a percentage of gross receipts, as set forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. The City of Aventura Solid Waste Franchise Ordinance is hereby
created to read as follows:
Section 1.01. Definitions.
The following words and phrases, when used in this
Ordinance, shall have the meanings ascribed to them in this
section.
(a) Commercial Establishment: Any structure used or
constructed for use for business operations. For purposes of
this Ordinance, hotels and motels are commercial
establishments. The term "commercial establishment" shall
not include any residential unit or multi-family residential
establishment.
(b) Customer: A person who uses the solid waste or
recycling services of a Private Hauler.
(c) Multi-family Residential Establishment: Any structure
other than a residential unit which is used, or constructed for
use, as a multiple dwelling facility. Multi-family residential
establishments shall include, without limitation, rooming
house, tourist court, trailer park, apartment building with rental
or cooperative apartments, or multiple story condominiums
with common means of ingress and egress.
(d) Franchisee: The named person who obtains a franchise
from the City pursuant to this Ordinance.
(e) Person: Any natural person, individual, public or private
corporation, firm, partnership, association, joint venture,
municipality, or any combination of such, jointly or severally.
(f) Private Solid Waste Hauler (Collector); Private Hauler;
Hauler: Any person, entity, corporation or partnership that
removes, collects and transports for disposal for hire any solid
waste over the streets or public rights-of-way within the
incorporated area of the City.
(g) Residential Unit: Any structure which is used, or
constructed for use, as a single-family dwelling, duplex,
cluster house or townhouse, and which is located on a single
lot, parcel or tract of land. For the purposes of this chapter,
any condominium structure composed of privately-owned,
single family housing units with separate means of ingress of
egress and containing no more than two stories shall be
considered a residential unit. The term "Residential Unit"
shall not include any multi-family residential establishment.
(h) Solid Waste: Garbage, trash, litter, yard trash, hazardous
waste, construction and demolition debris, industrial waste, or
other discarded material, including solid or contained gaseous
material resulting from domestic, industrial, commercial,
mining, agricultural or governmental operations.
(i) Solid Waste Disposal: Disposition of solid waste by
means of combustion, land filling or other final method of
discard.
Section 1.02. Franchise Required by the City for
Solid Waste Collection.
(1) It shall be unlawful for any Person to remove, collect and
transport for disposal from any Commemial Establishment,
Multi-family Residential Establishment or Residential Unit in
the City, Solid Waste or recyclable material over the streets or
public right-of-way within the incorporated area of the City
without first applying for and receiving the appropriate Solid
Waste Franchise from the City to carry on such business.
(2) The Franchise required by this section shall be in addition
to any other permits, registration or occupational license
which may be required by federal, state or local law.
Section 1.03. Application for Franchise.
Applications for a Franchise shall be made to the City upon
such form and in such manner as shall be prescribed by the
City Manager, said form to elicit the following information and
to be accompanied by supporting documents and such other
information as may be required by the City Manager from time
to time:
(a) Name of applicant, if the applicant is a partnership or
corporation, the name(s) and business address(es) of
the principal officers and stockholders and other
persons having any financial or controlling interest in
the partnership or corporation. Provided, however, that
if the corporation is a publicly owned corporation
having more than twenty-five (25) shareholders, then
only the names and business addresses of the local
managing officers shall be required.
(b) Character of applicant. The applicant for a permit
under this section, if an individual or in the case of a
firm, corporation, partnership, association or
organization, any person having any financial,
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controlling or managerial interest therein, shall be of
good moral character. In making such determination,
the following information, which shall be submitted by
applicant, shall be considered:
(1) Penal history. If the applicant is an individual, a
record of all conviction and the reasons therefor
shall be provided by the applicant. If the
applicant is other than an individual, then the
record of all convictions and the reason therefor
of the principal controlling officers of applicant
shall be provided. Provided, however, that in
the case of a publicly held corporation having
twenty-five (25) or more shareholders, then only
the aforementioned information applicable to its
local managing officers shall be required.
(2) Business history. Whether such applicant has
operated a solid waste collection-removal
business in this or another state under a
franchise, permit or license and if so, where and
whether such franchise, permit or license has
ever been revoked or suspended and the
reasons therefor.
(3) Existence of business entity. If applicant is a
corporation, applicant shall submit proof of
incorporation in good standing in the state of
incorporation and, if a foreign corporation,
applicant shall provide information certifying that
applicant is qualified to do business in the State
of Florida. If applicant is other than a
corporation and is operating under a fictitious
name, applicant shall be required to submit
information that such fictitious name is
registered and held by applicant.
(c) Equipment and method of operation. The applicant for
a Franchise shall possess equipment capable of
providing safe and efficient service. In making such a
determination and approving the method of operation
for each applicant, the City Manager shall require the
following information:
(1) The type, number and complete description of
all equipment to be used by the applicant for
providing service pursuant to this chapter.
(2) A statement that the applicant will use Dade
County approved facilities for disposing of all
solid waste which the applicant collects and
removes, or those facilities not owned by the
County which have been approved by the State
Department of Environmental Regulation.
(3) The names of customers and addresses of
each location served. Franchisees applying for
renewals shall not be required to submit the
information specified in Section 1.03(c)(3)
above, but shall instead be required to submit
the information specified in Section 1.09.
(d) Insurance requirements. The applicant for a Franchise
shall maintain insurance as specified herein and shall
furnish a public liability policy to the City and also file
with the City a certificate of insurance for all policies
written in the applicant's name. This certificate shall
provide that the policies contain an endorsement
requiring that the City shall be furnished with ten (10)
days' written notice by registered mail prior to
cancellation or material changes in the policies.
(1) Comprehensive general liability. The applicant
shall carry in his own name a policy covering his
operations in an amount not less than three
hundred thousand dollars ($300,000.00) per
occurrence for bodily injury and Two hundred
thousand dollars ($200,000.00) per occurrence
for property damage liability.
(2) Vehicle liability insurance. Applicants for a
permit shall maintain vehicle liability insurance
covering each vehicle utilized in the business of
solid waste collection and disposal in an amount
not less than one million dollars ($1,000,000.00)
combined single limit per occurrence.
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(3) Liability of the City. The above insurance
requirements shall not be construed as imposing
upon the City or any official or employee thereof
any liability or responsibility for injury to any person
or property by the insured, his agents or
employees.
(e) Customer List. The applicant for a Franchise shall
provide a list of existing customers in the City and
service levels.
(f) Proof of County and/or State Permits and Licenses.
The applicant for a Franchise shall provide proof of
county and/or state permits and licenses.
(g) The completed application shall be submitted to the
City. Upon receipt of a completed application, the City
Manager or his designated representative shall review
said application and, if satisfactory in all respects, and
after payment of required application fee of One
Thousand ($1,000.00) Dollars, shall issue the
Franchise.
Section 1.04. Denial of Franchise.
Should the City Manager deny an application for a Franchise,
he shall notify the applicant of such denial by certified mail not
later than fourteen (14) days after taking such action. The
notice of denial shall contain a statement of the reasons why
the application was denied.
Section 1.05. Appeal from City Manager's denial of
Franchise; appeal from revocation of
Franchise under Section 1.11.
The denial or revocation of a Franchise by the City Manager
may be appealed to the City Council. The notice of appeal
shall be filed in writing with the City Manager no later than
fourteen (14) days after the receipt of the certified letter
advising applicant of the denial or revocation.
The City Manager shall fix the date and time for hearing the
appeal. Said hearing shall be held not less then fourteen (14)
nor more than sixty (60) days after receipt of the notice of
appeal. The City Council shall either affirm the decision of the
City Manager or direct the City Manager to issue or reinstate
the Franchise.
Section 1.06. Term of Franchise.
Franchises awarded pursuant to the provisions of this
Ordinance shall expire one (1) year from the date of issuance.
Section 1.07 Renewal of Franchise,
A Franchise may be renewed from year to year by the City
Manager. Any such renewal may be subject to the same
terms and conditions applicable to the issuance of the original
Franchise. The City Manager shall charge and collect
renewal permit fees in the amount of One Thousand
($1,000.00) Dollars.
Section 1,08. Transfer of Franchise prohibited.
No Franchise for the collection of solid waste issued under the
provisions of this ordinance may be assigned or transferred.
In the event of any change in ownership and/or name of the
corporation or partnership, formal notification shall be given
the City Manager within thirty (30) days thereof. That upon
any sale, a new Franchise license shall be obtained from the
city.
Section 1.09. Information required of Franchisee,
At least annually, but not more frequently than quarterly as
determined by the City Manager, each Franchisee shall
supply the following information on a form and in the manner
prescribed by the City Manager:
(a) A listing, which is organized as prescribed by the City
Manager, as of the reporting date, of the names and
addresses of Customers, and the addresses of each
location served. For each customer on the list, the
Private Hauler will indicate the following: (1) whether
the Customer served is a Multi-family Residential or
Commemial Establishment; and (2) whether the
service provided is solid waste collection, recycling, or
a combination of both; and (3) a listing of those
materials being recycled at each Customer location;
and (4) the name of a Customer contact person who
can provide additional information regarding the
recycling program.
(b) A summary of the number of cubic yards of solid waste
collected quarterly based on scheduled service, as of
the reporting date.
(c) ^ summary of the number of tons and/or cubic yards of
recyclable material collected and marketed quarterly,
on a schedule and format prescribed by the City
Manager.
Section '1.10. Disposal required at County-approved
facilities.
Any and all Solid Waste collected by a Franchisee within the
City shall be disposed of only at the solid waste disposal
facilities provided, operated and designated or approved by
the Dade County Department of Solid Waste Management
and at no other location or facility except those which have
heretofore been approved by the Department of
Environmental Regulation.
Section 1.11. Revocation of Franchise.
(a) The following shall constitute cause for revocation of a
solid waste Franchise by the City Manager: (1) the violation
of any of the provisions of the Ordinance of City or the Code
of Metropolitan Dade County which violation endangers the
public health, safety or welfare; or (2) the violation of any of
terms or conditions of the Franchise; or (3) the failure to
promptly pay the Franchise fee provided for in this Ordinance.
(b) The City Manager may revoke a Franchise for a violation
or violations. Upon a determination by the City Manager that
a Franchise shall be revoked, the affected person shall
provided with written notice of such revocation and the
reasons therefor. Upon receipt of such notice, the affected
person may appeal said revocation to the City Manager and
the appeal and hearing thereon shall be conducted in
accordance with the procedures set forth in Section 1.05.
Section 1.12. Solid Waste Collection Franchise Fee
Payable to City.
It shall be unlawful for any Private Hauler operating in the City
to either collect, remove, or transport from properties in the
City solid waste for disposal without payment of a solid waste
Franchise fee to the City.
Commencing upon the effective date of this Ordinance, and
continuing monthly thereafter on the 15th day of each and
every month, each Private Hauler operating in the City shall:
a) file a report with the City Manager. The report shall
designate the names and addresses of each account located
in the City that was provided Solid Waste collection and
disposal service by the Private Hauler for the preceding
month. The report shall include the gross monthly solid waste
collection and disposal service fee receipts of all such
accounts, which report shall be subject to audit by the City;
and b) Simultaneously with the filing of such report, each
Private Hauler shall pay to the City a Franchise fee equal to
ten (10%) percent of the total gross monthly solid waste
collection and disposal service fee receipts of all of its
accounts which are located in the City, as reflected on each
monthly report.
An additional monthly surcharge, equal to one (1) percent of
total gross monthly service fee receipts for the preceding
month, as reported to the City Manager, shall be payable to
the City if the ten (10%) percent Franchise fee is not paid by
the 15th of the month by the Private Hauler.
Section 1.13. Recordkeeping.
Each Private Hauler is hereby required to establish and
maintain appropriate records, showing in such detail as the
City Manager may prescribe, the amount of monthly solid
waste collection and disposal service fee receipts of each
account provided solid waste collection and disposal services
which is located in the City. All such records shall be open to
inspection by the City Manager or his duly authorized agent at
all reasonable times. The City Manager is hereby authorized
and empowered to promulgate from time to time such rules
and regulations with respect to the establishment and
maintenance of such records as he or she may deem
necessary to carry into effect the purpose and intent of the
provisions hereof.
Section 1.14. Franchise Granted, County Permit Holders,
Others.
A. Each Private Hauler who has held a permit in good
standing from Metropolitan Dade County on or immediately
prior to November 7, 1995 (date of incorporation of the City)
pursuant to County Code 15-17 shall be allowed to continue
to provide service in the City for a ninety (90) day period until
a Franchise application has been approved or denied by the
City, so long as the Private Hauler meets all of the
requirements of this Ordinance.
B. Each Franchise awarded pursuant to this ordinance is
subject to compliance with all of the terms and conditions
hereof except that the Franchisee eligible under Sec. 1.14A
may supplement the documentary materials and information
which was provided by Franchisee to secure a permit from
Metropolitan Dade County to meet the application
requirements of this Ordinance, as determined by the City
Manager. This shall not waive the fee required by Section
1.03 (g)
C. The Franchise granted shall confer to Franchisee the
right to operate upon the public streets of City to provide the
Solid Waste collection services in accordance with the terms
hereof.
Section 1.15 Restoration.
The Franchisee agrees to repair all property, public or private,
altered or damaged by it, its agents or employees in the
performance of its services herein in as good or better
condition as it was before being damaged or altered.
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Section 1.16 Compliance with Laws.
Franchisee shall conduct operations under this Ordinance in
compliance with all applicable laws.
Section 1,17 Services Provided.
Services provided by Franchisee shall comply with the City's
ordinance governing the time and frequency of Solid Waste
Collection and removal.
Section 1.18 Office and Collection Hours.
A. The Franchisee's office shall remain open Monday through
Friday from 8:30 a.m to 5:00 p.m. for the purpose of handling
complaints; and for that purpose, there shall be maintained an
adequate number of telephones and a responsible person in
charge during the hours specified above. These
requirements do not apply on legal holidays.
B. Collections shall normally be made in residential areas no
earlier than 6 a.m. and no later that 7 p.m. (or as otherwise
prescribed by City) with no service on Sunday, except in time
of emergency or to maintain schedules due to Holidays.
Changes to these hours must be approved by the City
Manager.
Section 1.19 Collection Equipment.
The Franchisee shall have on hand at all times sufficient
equipment in good working order to permit Franchisee to
perform its duties hereunder fully, adequately, and efficiently.
Equipment shall be purchased or manufactured from
nationally known and recognized manufacturers of garbage
collection and disposal equipment. Garbage collection
equipment shall be kept clean, sanitary, neat in appearance
and in good repair at all times. The Franchisee shall at all
times have available to it, reserve equipment which can be
put into service and operation within two (2) hours of any
breakdown. Such reserve equipment shall substantially
correspond, in size and capability, to the equipment normally
used by the Franchisee to perform its duties hereunder.
Section '1.20 Spillage and Litter.
The Franchisee shall not litter premises in the process of
making collection, but shall not be required to collect any
waste material that has not been placed in approved
containers or in a manner herein provided. During hauling, all
solid waste shall be contained, tied or enclosed so that
leaking, spilling or blowing are prevented. In the event of
spillage by the Franchisee, the Franchisee shall promptly
clean up the litter.
Section 1.21 Storms and Other Emergencies.
In case of an unusually severe storm or disruption caused by
other severe emergencies not caused by Franchisee, City
Manager may grant Franchisee reasonable variance from
regular schedules. As soon as practicable after such storm or
other emergency, Franchisee shall inform the City of the
estimated time required before regular schedules and routes
can be resumed and, upon request of City Manager,
Franchisee shall provide notice to residential premises in the
service area. In event of a storm or emergency requiring
mass cleanup operations, Franchisee, shall, upon direction of
City, participate in said cleanup to the extent directed by the
City. Where it is necessary for the Franchisee and the City to
acquire additional equipment and to hire extra crews to clean
the City of debris and refuse resulting from the storm or
disaster, the Franchisee shall work with the City in all ways
possible for efficient and rapid cleanup.
Section 1.22 Nondiscrimination Provision.
The Franchisee agrees that it has adopted and will maintain
and enforce a policy of nondiscrimination on the basis of race,
color, religion, sex, age, handicap, disability or national origin.
Said nondiscrimination policy shall apply to employment
practices of the Franchisee and the provisions of services.
Section 1.23 Complaints.
All complaints pertaining to pickup of waste shall be
responded to and resolved within twenty-four (24) hours. All
other service complaints shall be investigated and responded
to within twenty-four (24) hours. Franchisee shall supply the
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City Manager with copies of all Customer complaints on a
monthly basis and indicate disposition of each. Such records
shall be available for inspection by City at all times during
business hours specified herein. The form shall indicate the
day and hours on which the complaint was received and the
day and hour on which it was resolved. When a complaint is
received on the day preceding a holiday or on a Saturday, it
shall be serviced on the next working day. The Franchisee
shall establish procedures acceptable to City to insure that all
Customers are notified as to the complaint procedure.
Section 1.24 Franchise Non-Exclusive
A. Any Franchise granted by this Ordinance is non-
exclusive, and City reserves the right to award additional
Franchises or utilize other Solid Waste collection programs.
B. Nothing herein shall authorize collection of Solid Waste
in areas of the City serviced by Dade County prior to
November 7, 1995 without specific approval of the City.
Section 1.25 Rights Reserved.
City reserves the right to adopt ordinances regulating the
services provided hereunder.
Section 1.26 Surrender of Rights.
As a further consideration for the granting of the rights,
privileges and franchises granted hereby, the Company
surrenders all rights, privileges and franchises heretofore
granted by Dade County in the newly-incorporated City of
Aventura franchise area for any of the purposes stated in this
Ordinance and now enjoyed by the Franchisee in the
franchise area; provided, however, that such surrender shall
not be effective unless and until this Ordinance shall be finally
adopted and in effect and the rights, privileges and franchises
granted hereby shall be validly in force and effect.
Section '1.27 City's Right to Regulate Use of Streets
not Abrogated.
Nothing in this Ordinance shall be construed as a surrender
by the City of its right or power to pass ordinances regulating
the use of its streets in accordance with City's police powers
or property rights.
Section 1.28 Effective Date.
This ordinance shall take effect immediately upon its final
passage and adoption. Each Franchise granted pursuant to
this Ordinance shall become effective when the Franchise
application is granted and Franchisee files with City its written
acceptance thereof in a form approved by the City Attorney.
Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. Inclusion In the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of
the City of Aventura Code; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 4. Penalty. Any person who violates any provisions of this ordinance
shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment in the
County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day
that a violation continues shall be deemed a separate violation. This ordinance shall be
subject to enforcement under the Local Government Code Enforcement Act, Chapter
162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or
other appropriate relief in a court of competent jurisdiction.
Section 5. Effective Date. This ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert who moved its
adoption on first reading. The motion was seconded by Councilmember Cohen, and
upon being put to a vote, the vote was as follows:
C'ouncilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved
its adoption on second reading. The motion was seconded by Councilmember Perlow,
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
C.ouncilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 17th day of September, 1996.
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PASSED AND ADOPTED on second reading this 2"~ day of October, 1996.
ATTESt: ~ . ~
TERESA M. SMITH, CIVIC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:j~_~ ~h ~
CITY A'I-rORNEY
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