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2020-O-37 - Chapter 19 ORDINANCE NO. 2020-0-37 AN ORDINANCE AMENDING AND RESTATING CHAPTER 19 (UTILITIES AND SERVICES), ARTICLE V (SOLID WASTE COLLECTION AND DISPOSAL), DIVISION 1. — GENERALLY and DIVISION 2. — RECYCLABLE MATERIALS, OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On September 14, 2020 and September 28, 2020 City Council approved Ordinance No. 2020-0-28 which restated Chapter 19 (Utilities and Services), Article V (Solid Waste Disposal), Division 1. —Generally AND Division 2. — Recyclable Materials, of the Code of Ordinances to include changes reflecting the use of carts and other updates. 2. There was a scrivener's error in Division 1.—Generally, Section 19-66. 3. There were a couple of scrivener's error in Division 2. —Recyclable Materials, Sections 19-74 (Unauthorized collection of recycling containers or recyclable materials) and Section 19- 75 (Recycling containers). 3. Ordinance No. 2020-0-37 will correct the scrivener's errors in Sections 19-66, 19-74 and 19-75. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: PART A. AMEND AND RESTATE CHAPTER 19 (UTILITIES AND SERVICES), ARTICLE V (SOLID WASTE DISPOSAL), DIVISION 1. — GENERALLY and DIVISION 2.—RECYCLABLE MATERIALS, OF THE CODE OF ORDINANCES, CITY OF EDGEWATER,FLORIDA Vt.. h' passages are deleted. Underlined passages are added. H2020-0-37 Chapter 19 (Utilities and Services), Article V (Solid Waste Disposal) is amended and restated to now read Chapter 19 (Utilities and Services, Article V (Solid Waste Collection and Disposal), Division 1. — Generally and Division 2. - Recyclable Materials, pursuant to Exhibit "A",which is attached and incorporated herein. PART B. CONFLICTING PROVISIONS All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. PART D. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; provided,however,that Parts B through F shall not be codified. PART E. EFFECTIVE DATE This ordinance shall take effect upon adoption. PART F. ADOPTION After Motion to approve by Councilwoman O'Keefe, with Second by Councilwoman Power,the vote on the first reading of this ordinance held on December 7,2020,was as follows: Strunk-through passages are deleted. 2 Underlined passages are added. #2020-0-37 AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilwoman Megan O'Keefe X Councilman Jonah Powers n �- X n After Motion to approve by Ccu LlooY1 (k wer with Second by l i rre .�}yy, r nll ©t �ej fe the vote on the public hearing/second reading of this ordinance held on JQ numy ,2021 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power X Councilwoman Gigi Bennington _ Councilwoman Megan O'Keefe Councilman Jonah Powers PASSED AND DULY ADOPTED this I11-n day of , Ot 1„t µk 4 , 2021. ;fI r- ATTEgT I rt CITY CO CIL OF THE -"' o I i C WA L LORIDA )\) Bonnie Brown,CMC 4 ke Tho trim City Clerk For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this ` 1±/Th legality by: Aaron R. Wolfe, Esquire day of 2021 under Agenda City Attorney Item#8 Doran, Sims, Wolfe& Yoon e•v^14-0 g' passages are deleted. 3 Underlined passages are added. #2020-0-37 EXHIBIT"A" CHAPTER 19. (UTILITIES and SERVICES) ARTICLE V. (SOLID WASTE COLLECTION AND DISPOSAL) DIVISION I. GENERALLY Sec. 19-60. Definitions. (a) Biohazardous waste means any solid waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, non-liquid human tissue and body parts, laboratory and veterinary wastes which contain human disease-causing agents, used disposable sharps, human blood, human blood products and body fluids, and other materials which represent a significant risk of infection to persons outside the generating facility. (b) Bulk waste means all large household items that do not require extraordinary management including, but not limited to, sofas, tables, bathroom fixtures, bedroom and living room furniture, appliances not considered white goods, ladders and carpet. (c) City means the City of Edgewater, FL. (d) Collection means the process of picking up, transporting, and dropping off waste at the appropriate disposal facility. (e) Commercial service means service provided to lodges, clubs, schools, churches, hospitals, nursing or convalescent homes, multiple dwelling units and mobile home parks being billed against a master water meter and all other nonresidential establishments at which refuse may be generated. Persons requiring commercial service shall deposit all refuse in cans, bins, receptacles, storage rooms or containers in such a manner and at such locations as may be required by the Environmental Services Department. (f) Construction and demolition debris means the non-putrescible solid waste and debris resulting from those construction or demolition activities that require a building permit. The wood and vegetative debris from land clearing on any lot is also considered to be construction and demolition debris. (g) Director means the Environmental Services Director for the City of Edgewater, FL. (h) Dumpster means a large metal (or plastic) box used for storage of garbage, usually one to eight cubic yards in size that is lifted and emptied mechanically by trucks. (i) Dwelling unit means one or more rooms designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. (j) Garbage means wastes resulting from the preparation, use, cooking and serving of food; wastes from the handling, storage and sale of produce, meats, fish or fowl; and papers, bags, sacks, cartons, boxes, cans, bottles or other containers; and other small rubbish, accumulated about residential premises, business establishments or public institutions. Industrial process wastes from manufacturing or processing plants are not classified as garbage for the purpose of this article. (k) Garbage can means a galvanized metal can or plastic receptacle used to collect solid waste, with a capacity of 35 gallons or less and a loaded weight not to exceed 50 pounds. Such can ei UI. passages are deleted. 4 Underlined passages are added. #2020-0-37 or receptacle shall have two handles upon the sides of the can or receptacle or a rail by which same may be lifted and shall have a tight-fitting metal or plastic lid. Plastic bags designed to store refuse may be used, provided such bags are strong enough to support the weight of the contents without tearing or splitting when lifted by the top and are securely tied to prevent spillage. The total weight of such bags and contents shall not exceed 40 pounds. (I) Garbage cart means a garbage cart issued to the account holder by the city. (m)Hazardous waste means solid wastes or a combination of solid wastes which because of 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. Such wastes include, but are not limited to, paint, gasoline, chlorine bleach, ammonia,motor oil, muriatic acid, fertilizer,etc. (n) Multiple family dwelling units means a group of more than two adjoining dwelling units. Multiple-family dwelling units individually billed are considered residential. Multiple- family dwelling units being billed against a master water meter are deemed commercial. (o) Person means any and all persons, natural or artificial, including any individual, firm or association, partnership, joint venture, or other entity of any king, type or description engaging in the conduct or activity with which this section is concerned. (p) Program recyclables means recovered materials included in the city's recycling program, as determined by the Director or their designee. (q) Recovered materials means metal, paper, glass, plastic, textile or rubber materials that have known recycling potential, can be feasibly recycled and have been diverted and source separated or have been removed from the solid waste stream for sale, use or reuse as raw materials,whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste. (r) Recyclables or recyclable material means any of those materials such as newsprint, glass jars/bottles, aluminum cans, cardboard, office paper and junk mail, phone books, magazines, catalogs and plastic containers which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. (s) Recycling bin means containers owned and provided by the city or subcontractor for the collection of program recyclables from residential customers. (t) Refuse means garbage and rubbish. Industrial process wastes from manufacturing or processing plants are not classified as refuse for the purpose of this article. (u) Residential service means solid waste collection service that is individually billed to single- family dwellings, mobile homes, two-family dwellings and multiple-family dwelling units, and other buildings used for residential purposes. (v) Single stream recycling means a system in which all paper fibers, plastics, metals and other containers are mixed in a collection truck instead of being sorted by the depositor into separate commodities. (w)Solid waste means sludge unregulated under the Federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, refuse, special waste or other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining,agricultural, or governmental operations. Recyclable materials are not solid waste. Stwekthrough passages are deleted. 5 Underlined passages are added. #2020-0-37 (x) Solid waste collection service means the collection of refuse, yard trash,program recyclables, bulk waste, and white goods from residential service customers and the collection of refuse and yard trash from commercial service customers. (y) Solid Waste Division means the Solid Waste Division of the City of Edgewater within the Environmental Services Department. (z) Special waste means solid wastes which require special handling and management and include but are not limited to, white goods,whole tires, used oil and lead acid batteries. (aa) White goods means inoperative and discarded refrigerators, ranges, freezers, water heaters and other similar domestic and commercial large appliances. (bb) Yard trash means trimmings from yard grass, shrubbery and trees, leaves and other vegetative waste materials, resulting from ordinary maintenance and care of homes and businesses. For the purpose of this article, two distinct types of yard trash are defined as follows: (1) Bulk yard trash means wood matter, including tree branches, larger than four inches in diameter and greater than four feet long. (2) Regular yard trash means leaves, grass and shrubbery clippings and smaller tree trimmings. Sec. 19-61. Refuse/recycling utility fees. (a) All bills for refuse/recycling utility fees shall be incorporated into the consolidated statement or shall be incorporated into the annual tax bill as a non-advalorem assessment. The refuse/recycling utility fee shall become effective upon the issuance of the certificate of occupancy (CO). In the event of annexation of an existing building, service will be effective upon discontinuance of service by the County of Volusia. (b) The established fees shall be applicable irrespective of whether the customer is using said service. The city shall make an initial determination of the number of units within multiple building units and shall be billed for solid waste service(s) on the basis of the units or lots therein. The city may adjust the number of billable units when it shall determine that the actual number of units or lots has changed during the billing period. (c) Any business conducted upon or in a homestead may be charge as a single residence or as a business or commercial customer, as determined by the Director or designee. Sec. 19-62. Garbage and yard trash containers required. (a) The occupants of each residence, multiple dwelling, business or commercial enterprise and trailer park are required to provide garbage cans and yard trash containers to sufficiently hold the accumulation of garbage and yard trash from each such residence, multiple dwelling,business or commercial establishment or trailer park between the times of said garbage and yard trash is collected. Such cans shall have a maximum capacity of 35 gallons; have a tight-fitting cover/lid and handles on the sides or a rail by which it may be lifted. (b) Carts provided by the City 1. Carts provided by the City are the property of the City. Each customer will be provided one cart per equivalent residential unit. Additional carts may be obtained by paying a deposit for the additional cart. »gh passages are deleted. 6 Underlined passages are added. #2020-0-37 2. Upon issuance of a cart from the City, each customer shall use the cart for disposal of household garbage and trash. 3. New account holders will be required to pay a deposit and be offered a choice as to what size cart they will need. Such deposit will be held in a non-interest bearing account and will be refunded when the account is closed and the cart is found to be on premises and in good condition or is returned to the Environmental Services Department. 4. Each account holder shall have the option of requesting a different size cart one time within a 24 month period free of charge. Additional requests to exchange a cart will be charged a service fee as outlined in the fee resolution. 5. Carts shall be of sufficient size to hold the accumulation of garbage and trash from each residence. The Director of Environmental Services, or designee shall have the right to exchange a smaller cart for a larger cart. 6. Carts are to be rinsed out and cleaned by the customer as necessary to minimize odors and discourage animals. 7. Carts are to remain with the premises. At no time shall a cart be transported to another premise without the express consent of the Environmental Services Department. 8. Stolen carts are to be reported to the City of Edgewater Police Department. No cart will be replaced until such time as a police report number is provided to the Environmental Services Department and the proper form filled out. Sec. 19-63. Wrapping and preparation of garbage; keeping covered_ (a) All household garbage matter shall be wrapped in paper or plastic before being placed in carts. Tin cans, bottles and other containers shall be first drained of all liquids prior to being placed in carts or recycling containers. (b) All broken or shattered glass shall be placed in a separate container from other garbage and trash and said container shall be legibly marked indicating that contents thereof are broken glass and should be handled with caution. (c) All garbage cans and carts shall be kept tightly covered at all times except when it becomes necessary to lift the covers for the purpose of depositing garbage in the garbage can or for the purpose of emptying such can in a garbage truck. (d) Carts shall not be used for disposal of biohazardous or hazardous waste or construction debris. Weight limits of the carts will be made at the discretion of the Director or designee. c. -'-' passages are deleted. 7 Underlined passages are added. #2020-0-37 Sec. 19-64. Preparation of yard trash. (a) Leaves, grass clippings, branches and other landscaping maintenance debris must be separately bagged or contained in the required yard trash containers, and shall not be blown, swept or placed into public or private roadways, swales, retention ponds or adjacent properties. Yard trash containing no combustible matter, which will deteriorate or decay without giving off offensive odors, may be accumulated by the owner as mulch or compost at the rear of the premises provided that such is maintained in a neat, orderly and sightly condition. (b) Piles of larger yard trash shall be stacked in piles not to exceed four feet in height, four feet in width, and four feet in length. (c) No yard trash pickups will be made from vacant lots; provided however, the owner of any vacant lot may make arrangements with the city for pickup of yard trash, and a reasonable charge for such service shall be determined by the city as established by resolution by the city council. (d) Yard trash which is not prepared as required herein will not be picked up until additional fees are paid in accordance with the fee resolution and may be a violation of this division. Sec. 19-65. Location of containers. Garbage and yard trash containers, including city owned carts, when not in use shall be kept away from the front of any building or premises. No garbage or yard trash container or cart shall be kept or maintained upon or adjacent to any street, sidewalk, parkway or front yard and shall not be placed within five feet of any property line.No garbage can or yard trash container or cart shall be deposited upon any adjoining lot, or premises, whether vacant or improved, occupied or unoccupied, or in any street, alley or park in the city. Garbage and yard trash containers and carts may be placed in front of the building or premises after 4:00 pm the evening before the scheduled pick-up service. Garbage and trash containers and carts shall be placed at a location on the premises, or on right-of-way immediately adjacent to the premises, which is easily accessible to employees of the Solid Waste Division and which location is no more than five feet from the curb, street pavement or other transportation surface immediately fronting the premises. No carts shall be placed on sidewalks, streets or other locations where interference with public travel may occur, nor shall carts be placed on or in front of neighboring property not in the ownership or tenancy of the person by whom such refuse are accumulated. All garbage and yard trash containers shall be removed from the front of any building or premises receiving garbage and yard trash pick-up not later than 11:00 p.m. of the day of the scheduled pick-up. Sec. 19-66. Inspection of garbage cans and yard trash containers,condemnation. All garbage cans and yard trash containers shall be subject to the approval and condemnation of by_the City's Solid Waste Division Staff. Upon condemnation of any garbage can, a notice of condemnation will be placed on the can. The owner or occupant of such premises shall immediately provide a new can or request an additional cart from the City per the requirements of the fee resolution. If a cart is deemed to be condemned, the City will provide a new cart. However, carts intentionally damaged or broken shall be charged a fee for replacement of the Struck ough passages are deleted. 8 Underlined passages are added. #2020-0-37 cart as outlined in the fee resolution. No appeal for such condemnation shall be possible except to the Special Magistrate of the City of Edgewater. Sec. 19-67. Builders, building contractors and privately employed tree trimmers and tree surgeons. Builders, building contractors and privately employed tree trimmers and tree surgeons must remove all yard trash and debris from the premises upon which they are working at their own expense, which shall include limbs, tree trunks, roots, concrete slabs, concrete blocks, wood, dry wall, bricks and all other materials used by contractors in the course of building and/or alterations. If builders, building contractors or privately employed tree trimmers and tree surgeons fail to remove all trash and debris, it shall be the property owner's responsibility to remove such at their own expense. Sec. 19-68. Transporting and disposing of solid waste. (a) It shall be unlawful for any person other than city employees to transport solid waste through or over the streets or alleys of the city, unless as exempted below. (b) It shall be unlawful for any person to allow accumulations of broken or used appliances, furniture, bedding, building materials or other unsightly accumulations to exist upon any such premises; and it shall be the duty of said person to make arrangements for a private contractor to collect and dispose of said accumulations or request a special pickup from the city for which a separate fee will be charged based on the amount of solid waste to be collected and as outlined in the fee resolution. (c) Exemptions from this section shall include the following. (1) Landscape maintenance contractors hauling yard trash to a permitted landfill or transfer station. (2) Private tree trimmers or tree surgeons hauling yard trash to a permitted landfill or transfer station. (3) Private residents hauling yard trash or construction debris to a permitted landfill or transfer station. (4) Permitted and licensed solid waste contractors providing solid waste service to businesses or transporting solid waste through the city in en route to a permitted landfill or transfer station. (5) Any organization or business that has an agreement, contract or franchise with the city to transport solid waste. c' ^' „' passages are deleted. 9 Underlined passages are added. #2020-0-37 Sec. 19-69. Miscellaneous Provisions. (a) It shall be unlawful for any customer to place any waste identified as biohazardous or hazardous waste in any solid waste container to be serviced by the City. Such waste shall be disposed of in accordance with local, state and federal laws. (b) It shall be unlawful for any person to throw, dump, deposit or place any trash, garbage or litter of any kind in or upon any of the lakes, lake bottoms or public parks or upon the property of another, without the express consent of the owner of such property within the City. Secs 19-70- 19-73. Reserved. DIVISION 2.-RECYCLABLE MATERIALS See. 19 74. of recyclin ntainers o dabs I . rec .:t-ine.s o1 re elable 11 aterials ple ed a the a el: me bui-ldifng-eF-femises—��e--recyc-l1 $entarin r shall be kepr ntained lot a ..hether . nt a ed ed a ed t t of the-scheduledpick up. Recycling containers e�laee ontorthe buil or premises after 1:00 pm the evening--befere-tie scheduledpick up-ser-viee. Recyc containers shell be pl„ce.d ..t a loc tion on the ght of way edi tely adjacent-te-the-premises, which is easily accessible-to employees--off e li ..t« ete „d .,hieh I at: the f. f et f e the rb st« et nt V VIM Nv�VI GL1IG1�r e travel may .r, not shell recycling co tainerr'ss be placed n f ont-of--rneighboring aecu ulated,-41l-recycling-containers-shad-be reed-from the-fit of^ny build Sec. 19-74. -Unauthorized collection of recycling containers or recyclable materials. (a) Prohibited. No person, firm or corporation shall be permitted to collect or remove either recycling containers or recyclable materialsplaced in or near the recycling containers or designated collection location unless previously authorized by the city. Stmek-thfauglh passages are deleted. 10 Underlined passages are added. #2020-0-37 (b) Penalties for unauthorized collection. Penalties for unauthorized collection of recycling containers or recyclable materials shall be to the extent permitted by law. Sec. 19-75. - Recycling containers. (a) Recycling containers shall be provided by the city or the city's designated contractor for the purpose of collecting recyclable materials. All recyclables shall be placed in the container. Any additional items over and above what the container can hold shall be placed near the recycling container in such a matter that the recyclables will not be scattered nor be obtrusive. (b) Recycling containers, when not in use, shall be kept away from the front of any building or premises. No recycling container shall be kept or maintained upon or adjacent to any street, sidewalk, parkway or front yard and shall not be placed within five feet of any property line. No recycling container shall be deposited upon any adjoining lot,or premises, whether vacant or improved, occupied or unoccupied, or in any street, alley or park in the city.. Recycling containers may be placed in front of the building or premises after 4:00 pm the evening before the scheduled pick-up service. Recycling containers shall be placed at a location on the premises, or on right-of-way immediately adjacent to the premises, which is easily accessible to employees of the recycling contractor and which location is no more than five feet from the curb, street pavement or other transportation surface immediately fronting the premises. No recycling container shall be placed on sidewalks, streets or other locations where interference with public travel may occur, nor shall recycling containers be placed on or in front of neighboring property not in the ownership or tenancy of the person by whom such recyclables are accumulated. All recycling containers shall be removed from the front of any building or premises receiving recycling pick-up not later than 11:00 p.m. of the day of the scheduled pick-up. Secs. 19-76— 19.79. Reserved. Struck passages are deleted. I 1 Underlined passages are added. #2020-0-37