HomeMy WebLinkAbout1396-19 Sanitation INSTR#2019210831 OR BK 10021 PG 276 Page 1 of 13
12/12/2019 10:24 AM Rcpt;2116543 Rec:112.00 DS:0.00 IT:0.00
Nikki Alvarez-Sowles,Esq.!,Pasco County Clerk&Comptroller
ORDINANCE NO.1396-19
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS REPEALING AND
REPLACING CHAPTER 50 OF THE ZEPHYRHILLS CITY CODE TO
UPDATE THE GARBAGE AND REFUSE PROCEDURES AND
PRACTICES FOR THE CITY OF ZEPHYRHILLS SANITATION
DIVISION OF THE PUBLIC WORKS DEPARTMENT; PROVIDING FOR
SEVERABILITY,AN EFFECTIVE DATE.
WHEREAS , the City Council has authority to adopt(this ordinance through general
home rule powers pursuant to Article VIII of the 1968 Florida Constitution,and Chapters 166
and 163,Florida Statutes;and
WHEREAS,the City Council has determined that it is in the City's interest to update
the City's Code of Ordinances from time to time to assure that the Code of Ordinances
adequately meet the needs of the City;and
WHEREAS,the City Council hereby finds and declares that this Ordinance is in the
best interest of the public health,safety,and welfare,and that it advances a valid and important
public purpose.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Zephyrhills,Florida,as follows:
SECTION 1. RECITALS.
The Whereas Clauses above are true and accurate and are incorporated by reference and
made part of this Ordinance.
SECTION 2. CHAPTER 50:CITY OF ZEPHYRHILLS SANITATION ORDINANCE:
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L` 50.01.DEFINITIONS. The following terms and phrases, when used in this chapter, shall
have the meanings as described to them by this section:
Apartment—The term"apartment" shall mean a building having four(4) or more living units.
Individual living units within motels or hotels that contain kitchens shall,for the purpose of this
ordinance,not be considered apartments.
Bulky Waste—The term "bulky waste"shall mean large items of solid waste,other than white
goods, which because of their bulk/size, require special collection and management. Examples
include stumps,furniture,hot water heater,furnace,auto parts and small amounts of remodeling
waste from residential sources,Bulky wastes are normally generated by residential sources.
Business Unit—The term"business unit"shall include each business within an office complex,
shopping center,medical or professional office.Each separate person,firm,or activity operating
within a single building or sharing the same space shall be considered a separate business unit for
the purpose of billing. The requirement for an occupational license shall be used to define a
business unit.
Commercial—The term"commercial"shall include all commercial establishments including but
t--; not limited to motels,hotels, office buildings,restaurants, and all other places not classified as
,. residential.
Construction and Demolition Waste(C & D Waste)—The term"construction and demolition
waste"shall mean waste and debris from brick,concrete,block,lumber and roofing materials or
debris and waste accumulated from land clearing,excavating,building,rebuilding and altering of
buildings,structures,roads,streets,sidewalks or parkways.
Container—The term"container"shall mean the automated cart(Z-Cart)as provided by the City.
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OR BK 10021 PG 277 Page 2 of 13
Curbside Collection—The term"curbside collection"refers to collection from that area within
unobstructed arms reach of the public street or alley.Containers placed behind any structure such
as a fence or wall or placed in a vault below the ground surface are not included in this definition
and shall be excluded from curbside service.
Department— The term "department" shall mean the Department of Sanitation of the City of
Zephyrhills.
Designated Disposal Facility — The term "designated disposal facility" shall mean a facility
designated by the director for delivery of solid waste collected within the City and destined for
disposal.
Director— The term "director" shall mean the City of Zephyrhills' Public Works Director or
designee thereof.
Dumpster—The term "dumpster" shall mean a large metal box for commercial, industrial, or
institutional solid waste or recyclable material,usually of the two(2)cubic yard to eight(8)cubic
yard size,lifted mechanically by trucks in order to empty.
Enterprise Fund—The term"enterprise fund"shall mean a fund for a specific purpose that is self-
supporting from the revenues generated.
Hauler—The term"hauler"is universally used in North America to describe any organization
(publicly or privately owned and operated)that collects solid waste.Most often used however,to
describe a privately owned organization.
Hazardous Wastes — The term "hazardous wastes" shall mean materials or combinations of
materials which require special management techniques because of their acute and/or chronic
effects on air and water quality;on fish,wildlife,or other biota;and on the health and welfare of
the public.These materials include,but are not limited to,volatile)chemical,biological,explosive,
flammable,radioactive,and toxic materials.
Industrial Wastes—The words "industrial wastes" shall mean the waste products of canneries,
slaughterhouses or packing plants, condemned food products, agricultural waste products,other
solid waste products generated from industrial processing or manufacturing.
Master Meter Customers—The term"master meter customers"shall mean residential units served
by a refuse bin or dumpsters collected at centrally designated points.
Private Sanitation Service—The term"private sanitation service's shall mean any person,firm or
corporation involved in the business of collection and disposal ofl solid wastes.
Prohibited Wastes—The term"prohibited wastes"shall mean solid wastes the department will not
collect,including biohazardous waste,sharps,flammable liquids,explosives,motor oil,pesticides,
herbicides,and other hazardous materials.
Recyclable Materials—The term"recyclable materials"shall mean materials separated,at the point
of generation by the generator or its agent,and donated or sold by the generator for purposes of
recycling;said materials to include,but not be limited to,newsprint,cardboard,aluminum,glass,
plastic, and ferrous metals; recyclable materials shall not include, however, any materials once
placed in a refuse bin provided by the City.
Refuse Bin—The term"refuse bin"shall mean a large metal box for commercial solid waste or
recyclable material,usually of the two(2)cubic yard to eight(8)cubic yard size,and roll-off boxes
of larger capacities,lifted mechanically by trucks in order to empty.
Residential Collection—The term"residential collection"shall mean the departmental collection
services for residents.
Residential Solid Waste—The term"residential solid waste"shall refer to solid waste generated
from single and multifamily sources;frequently called household solid waste,or household wastes.
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OR BK 10021 PG 278 Page 3 of 13
Residential Unit—The term"residential unit"shall include each single family home,and each unit
within a duplex, triplex, and multiple family structure, condominium, apartment, mobile home,
trailer,or recreational vehicle parks.
Roll-Off Container (Roll-off) — The term "roll-off container" or "roll-off" shall mean a non-
compacting or compacting refuse bin,normally ten to forty yards of capacity,used for the storage,
collection and transport of commercial,institutional or industrial solid waste.Frequently referred
to as a"box".
Sharps—The term"sharps"shall mean items used in animal or human patient care or treatment or
in medical research or industrial laboratories including hypodermic needles, syringes (with or
without the needles), Pasteur pipettes, scalpel blades, blood vials,needles with attached tubing,
lancets,cultures dishes(regardless of presence of infectious agents).Also included are other types
of broken or unbroken glassware that were in contact with infectious agents,such as used slides
and cover slips.
Solid Waste—The term"solid waste"is a general term that includes the specific terms"garbage",
"yard trash","rubbish","industrial wastes","construction and demolition wastes",and"hazardous
wastes",but excludes all recyclable materials as herein defined.
Special Services — The term "special services" shall mean the collection upon request from
residential or commercial customers of certain solid waste placed at curbside in larger quantities
than that authorized to be collected under the ordinary fixed rates. Such collection is only available
upon request and for an additional charge as set forth herein.
Transfer Station—The term"transfer station"shall mean a facility where the transfer of collected
solid wastes from collection vehicles to transfer vehicles takes place.
Transfer Vehicle—The term"transfer vehicle"shall mean a transportation unit which is used for
the long haul of solid waste from a transfer station to a distant solid waste management facility.
White Goods —The term "white goods" is used to denote large household appliances such as
refrigerators,stoves,ranges,air conditioners,dryers and washing machines.
50.02. PROHIBITED ACTS.
It shall be unlawful and offense against the City for any person to do any of the following:
(a) To place or cause to be placed any solid waste upon the property of another without
his consent.
(b) To convey or cause to be conveyed over and upon any of the streets and alleys of
the City any solid waste without a permit or license,or both such permit and license,as may be
required by the regulations affecting the collection and disposal of solid waste.
(c) To deposit or dispose of any solid waste in or upon any public street, sidewalk,
right-of-way or alleyway,or any stream,ditch,river,pond,bay,creek,park or public place in the
City except at such incinerators,sanitary landfills or transfer stations as shall be designated.
(d) To deposit, dump, or dispose of any solid waste at, upon, or in any incinerator,
sanitary landfill or transfer station as shall be designated by the director without first obtaining the
:.; authorization of the custodian thereof.
(e) To burn or dispose of any solid waste generated cr brought within the City,except
at a facility designated by the director.
(1) To produce or accumulate any yard trash, construction and demolition waste,
industrial waste, junk or other solid waste at any residence, commercial establishment, or
institution while such person is acting in the capacity of a contractor without removing same to a
designated disposal facility.
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OR BK 10021 PG 279 Page 4 of 13
(g) To place containers out for curbside collection any earlier than sunset of the day
prior to a scheduled collection or to leave such containers out adjacent of the street any later than
sunset of the date the containers are emptied.
(h) To place any solid waste out for collection in any location not serviced by the
department unless a permit to do so is first obtained from the director.
(i) To do any act prohibited or to fail to do any act required by the regulations affecting
solid waste within the City.
•
(j) To remove solid waste or recyclable materials from any refuse bin,container,from
a collection location,or from curbside.
(k) To park in front of or otherwise block access to a dumpster or container so as to
prevent the pickup or collection of solid waste.
50.03. PLACING OR PERMITTING SOLID WASTE ON STREETS,VACANT LOTS,IN
STREAMS,ETC.
No person shall place or accumulate or cause to be placed or accumulated any solid waste
in or upon any premises or lot owned by him or in his control nor shall any person place,
accumulate or cause to be placed or accumulated any solid waste in or upon the premises of
another, or any public street, sidewalk, right-of-way or other public place or any pond, stream,
ditch or body of water,except as provided in this chapter.
50.04. LITTERING IN PARKS AND PUBLIC PLACES.
(a) It shall be unlawful for any person to litter, which is hereby defined to include
throwing or depositing solid waste in or upon any public square,street,sidewalk,unoccupied lot,
beach, parkway, park, alley, the waters of the City, or other public area in the City, except in
receptacles provide for that purpose.
(b) Persons placing solid waste in receptacles in public areas shall do so in such a
manner as to prevent it from being carried or deposited by the elements upon any street,sidewalk,
beach,parkway,park or other public area. Where such receptacles are not provided,all such solid
waste shall be carried away from the park,beach or public area by the person responsible for its
presence,and properly disposed of elsewhere.
50.05. LICENSE AND PERMIT REQUIREMENTS FOR PRIVATE SANITATION
SERVICES.
(a) It shall be unlawful for any person to engage in the business of collection,
transportation,or disposal of solid waste within the City without first making written application
for and obtaining the appropriate occupational license from the City and a permit from the
department for service at a specific address.Private haulers applying for or receiving a permit shall
pay fees as required in Section 22. The following activities shall not require a permit from the
department:
(1) The collection,transportation,and disposal of yard trash from residential or
commercial property by privately employed tree trimmers,tree surgeons,landscape services,and
yard maintenance operations.
(2) The collection,transportation,and disposal of construction and demolition
waste unless such waste is mixed with other types of solid waste.
(b) Application for a permit to engage in the business of collection,transportation or
disposal of solid waste from a specific address within the City shall be on a form provided by the
department which shall show the name and address and authorization of the customer to be served,
the name of the person or persons to be granted the permit,or in case of a corporation,the names
of the principal officers and the names of the local operating managers who are actually responsible
for performing such services for the corporation,together with the business address and telephone
number of each such person;a description of the type of equipment to be used in such collection,
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OR BK 10021 PG280 Page 5of13
transportation,and disposal,and the exact location of disposal. The granting of such permit shall
not be construed as the grant of a franchise or of vested rights nor shall such permit become coupled
with an interest,such permit may be revoked by the City at any time.
(c) A permit may be granted to a person to engage in the business of collection,
transportation or disposal of solid waste within the City when, by reason of the nature, size,
volume,shape or character of the solid waste generated or produced at particular premises,it is
not possible,safe,feasible or practicable within the discretion of the director for said solid waste
to be collected,transported or disposed of by the equipment and facilities of the department. Any
such permit shall limit the recipient to collection, transportation or disposal of solid waste
_ generated or produced from such particular premises specified in the permit.
(d) Whenever by reason of the nature, size,volume, shape,or character of any solid
waste it shall not be possible, safe, feasible, or practicable for said solid waste to be collected,
transported,and disposed of by the equipment and facilities of the department,and the owner or
occupant of the premises which generated or produced such solid waste does not choose to use a
private sanitation service,such owner or occupant may,upon written application therefore,upon
forms to be provided by the department,obtain a permit from the department to collect,transport,
and dispose of the same himself. Said application shall indicate the manner of collection,
transportation and disposal to be utilized and the exact location of disposal.
(e) Any person holding one or more permits or licenses to engage in the business of
collection,transportation or disposal,of solid waste,or recycling or recyclable materials,within
the City shall,on or before September 30 of each year,deliver to the department a complete report
detailing the size,service frequency,and location of all refuse bins,including all permitted refuse
bins as well as bins for recyclable materials,located within the City,and controlled by that person
on the preceding October 1,and shall provide,within thirty(30)days,such other reports as may
be requested by the department. Failure to deliver timely and accurate reports shall be cause for
the revocation of such person's occupational license and all permits issued pursuant to this section.
" (f) Audit of records: By acceptance of a permit and in consideration of the receipt
fi
1: • thereof,the permit holder shall make available,within five business days after notice,all records
of the permit holder which pertain to any container or refuse bin placed within the City,including
but not limited to contracts,trip tickets,invoices and any documents supporting the information
compiled within the supplemental filings required by subsection(i),for inspection, copying and
auditing by the City.
(g) Penalties:Should the City find conditions of the permit have been violated,or if it
determines false statements were made on the application,application for renewal or any submittal
required by the permit application or permit,the City may revoke the permit in its entirely,suspend
the permit for a period of time,or place other conditions on the permit as it finds necessary.
(h) Permits: Permits shall be renewed annually on or prior to October 1 and shall be
valid only for servicing those establishments identified in the application and subsequent addenda
to the application
(i) Subsequent filings:The permitee shall file,on a monthly basis,a supplement to its
application,disclosing any new locations of service and the dates such service went into effect,as
well as any service locations which have been discontinued and the date of termination of service.
(j) Insurance: The permitee shall obtain and provide an insurance certificate
documenting commercial/general liability insurance written on an occurrence basis, with a
!; ! single combined sin a limit of$500,000.00,auto liability insurance covering any auto,hired auto,and
j':�:• non-owned auto, with a combined single limit of$500,000.00 and workers compensation and
employees' liability insurance as per statutory limits. The certificate shall list the City as
additionally insured.
50.06. SCAVENGING.
It shall be unlawful for any unauthorized person to remove materials from a permitted
refuse bin,a container at a collection location,or at curbside.
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OR BK 10021 PG 281 Page 6 of 13
50.07. OWNERSHIP OF SOLID WASTE; RECOVERY OF RECYCLABLE
MATERIALS.
All solid waste and any recyclable materials mixed therein,except hazardous wastes,once
placed in a permitted refuse bin,in a container at a collection location,or at curbside,becomes the
exclusive property of the City. Recovery of recyclable materials from any solid waste generated
or brought within the City must occur prior to the placing of such solid waste in a permitted refuse
bin, in a container at a collection location, or at curbside,and such recovery shall be subject to
state and local public health and safety laws.
50.08. COLLECTION.
Containers or refuse bins required;cleanliness.
(a) The City shall provide or arrange for containers or refuse bins with proper well-
fitting covers, adequate to contain the solid waste generated or produced by such establishment
and shall place all such solid waste therein.
(1) The owner or occupant shall use container or refuse bin as provided by the
City.
(2) Plastic bags of at least one and one-half mill thickness maybe used if they
are tied or sealed to prevent spillage,do not exceed thirty-two(32)gallons in capacity,and do not
weigh more than thirty(30)pounds when filled.Plastic bags shall be placed inside the container
provided by the City.
(3) The owner or occupant shall maintain the containers or refuse bins and the
area of their location in a clean,sanitary and operational condition.
(4) Spillage from improper containers or refuse bin over-spillage will not be
picked up by the department.
(5) No more than(10)ten plastic bags or bundles of yard trash will be picked -
up per request. A request must be generated to the department via telephone or email for the
collection of yard waste.
(b) Any container or refuse bin which is in disrepair due to the lack of a well-fitting lid
/cover or the presence of holes,cracks or tears in the bottom or sides may be condemned and so
marked by department employees. Any containers so marked must be immediately replaced by
the owner or occupant with acceptable containers as specified herin. Such condemned containers
or refuse bins may be picked up and removed by department collection crews at any scheduled
collection following the marking of the container or refuse bin with the condemnation card if not
replaced as specified herein.
(c) Service may be rendered by either containers or by refuse bins,at the department's
option.
(d) No service shall be given to any residential or commercial premises permitting
persons, objects, obstructions or vehicles to hinder in any way whatsoever the servicing of the
container or refuse bin by department vehicles and personnel. If service is obstructed and the
customer requests a return trip,then a separate charge will be made.
(e) Any solid waste which,by reason of its bulk or shape, cannot be placed within a
container or refuse bin shall be tied in a bundle and placed at the owner or occupants normal pick
up location for collection.A request must be generated to the department via telephone or email
for the collection of bulky waste.The owner or occupant shall receive four(4)bulky waste pickups
per calendar year at no additional cost. Excess bulky waste pickups(exceeding(4)per calendar
year)shall incur a$15.00 fee per additional request.
(f) Yard trash in excess of six(6)cubic yard per month or any other solid waste not
placed in containers or refuse bins shall be collected as a special service and for an additional
charge as set forth herein.
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OR BK 10021 PG 282 Page 7 of 13
50.09. SANITATION DEPARTMENT TO PROVIDE FOR SOLID WASTE REMOVAL
EXCLUSIVELY.
Solid waste produced in the City shall be removed exclusively under the direction of the
sanitation department pursuant to the terms and provisions of this ordinance.
50.10. CONTAINERS TO BE PLACED FOR CONVENIENT COLLECTION; ALLEY
SERVICES;EXCEPTION.
(a) All residential City provided containers shall be set out for collection in a
convenient and accessible location in the front of the residence adjacent to and within unobstructed
arm's reach of a public street or alley serviced by the department or such other place as may be
designated by the department for removal by curbside collection. No such containers shall be
placed in any street or alley or upon any sidewalk.Containers shall be placed a minimum of(3')
three feet from any other container(s),obstruction,vehicle,mailbox,post,utility pole etc.
50.11. YARD TRASH TO BE PROPERLY PREPARED FOR COLLECTION;
DEPOSITING ON STREET PROHIBITED;SPECIAL SERVICES DESCRIBED.
(a) All logs,tree limbs,brush,palm fronds and other yard trash shall be cut in four(4)
foot lengths or less,six(6)inches in diameter and placed in city provided cart or tightly bundled
for collection. Each bag or bundle shall not exceed forty(40)pounds in weight. Any yard trash
which by reason of its bulk,weight or shape cannot be placed within a container, or cannot be
bundled as required herein shall be collected if placed out for collection in the same location as
other residential solid waste as a special pick-up for an additional charge as set forth herein.Special
pickups require notification to the department via telephone or email.
(b) Solid waste produced by construction,repairs,or demolition of buildings shall be
the responsibility of the contractor or owner / occupant to remove and dispose of same. The
department provides construction debris removal services for an additional charge set forth herein.
(c) It is the responsibility of all the tree surgeons, nurseries, lawn services and
landscaping contractors,or any individual or company doing work on private property,to remove
from the premises all residue and rubbish resulting from said work.Failure to comply will result
in a fine in the amount of not less than the actual cost for removal plus an administrative fee not
to exceed $200.00, for the first infraction. A second infraction may result in the loss of the
occupational license. The property owner shall be ultimately responsible for removal and any
associated costs.
50.12. IMPROPERLY PREPARED CURBSIDE ACCUMULATIONS OF SOLID WASTE.
It shall be unlawful to place solid waste out for curbside collection other than in the manner
prescribed in this ordinance. The department shall cause violators to be notified and upon
notification such violators shall, within seven (7) days, comply with the requirements of this
Ordinance relating to placement of solid waste for collection. In the alternative,the department
may cause notice of violation to be given but may collect the improperly placed solid waste at
additional charge to the customer for special service as set forth herein,which additional charge
shall be included in the customer's bill in the next billing period.
50.13. HAZARDOUS AND PROHIBITED WASTES.
It shall be unlawful to place out for collection by the department any hazardous or
prohibited waste as defined herein.
(a) Building material—The City shall not be responsible for the collection of dirt,rock,
sod,plaster, lumber, metal or other construction and demolition waste originating from private
property preliminary to,during or subsequent to the construction of new buildings,or alterations
or additions to existing buildings.Such material shall be remover by the owner of the property or
by the contractor.
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OR BK 10021 PG 283 Page 8 of 13
(b) Contagious disease solid waste—The removal of clothing,bedding or other solid
waste from homes or places where highly infectious or contagious diseases have prevailed shall
be performed by a licensed medical waste collector registered with the building department.Such
solid waste shall not be placed for collection and shall not be collected by department personnel.
(c) Inflammable or explosive materials—highly flammable or potentially explosive
materials or toxic substances shall not be placed in containers for regular collections,but shall be
disposed of at the expense of the owner or possessor thereof.
(d) Prohibited waste — Biohazardous waste, sharps, flammable liquids, motor oils,
pesticides,herbicides,and other hazardous materials shall not placed for collection,and shall not
be collected by department personnel.Wet paint shall not be collected unless dried to a solid and
lids removed from the paint container.
50.14. COMMERCIAL CONTAINER REGULATIONS
(a) All commercial establishments shall be charged a monthly fee for solid waste
collection and disposal services according to the level of service and as specified in herein.
Exceptions to these charges shall be made only with an approved contract from an authorized
permitee.
(b) Safe and accessible container or refuse bin locations, as approved by the director
shall be provided by the owner/occupant of the establishment.I Dumpsters shall be located a
minimum of ten(10)feet from buildings,overhangs and overhead utility lines to prevent damage
during the dumping process.Dumpster enclosures shall be properly permitted and compliant with
the City's latest dumpster enclosure specifications. Each gate shall be equipped with a positive
stop rod to hold the gate open.Site and enclosure shall be approved by the director or designee.
(c) City dumpsters shall not be moved without the express permission of the director.
(d) All raw garbage shall be placed in leak-proof bags before being placed in City
dumpsters for collection. Liquid waste is prohibited in City dumpsters. All loose paper or other
materials that pose a"fly-away"hazard during the dumping process shall be placed in tied bags
prior to being deposited in the City dumpster.
(e) No hazardous, infectious,prohibited, or industrial waste shall be placed in City
dumpsters. This includes waste cooking oils/grease,major auto parts,and large items which hang
outside the perimeter of the dumpster.
(f) Care,cleaning and sanitation of City-owned dumpsters is the responsibility of the
establishment(s)using the assigned dumpster(s). Upon request,dumpsters will be steam cleaned
by the department for a fee of$75.00 per dumpster.
(g) City employees will not be required to collect refuse stacked above the side panels
of the dumpster which would prevent the lids from closing. City employees may remove material
stacked above the side panels and set it aside in order to safely dump the dumpster. They will not
reload the material removed.
(h) Material stacked in front of or around a dumpster which prevents the dumpster from
being safely emptied shall constitute a "blocked dumpster" and will not be dumped until the
material is relocated by the establishment(s)assigned to the dunipster. An extra trip charge will _ .
be charged to the appropriate establishment assigned to the dumpster as set forth herein.
(i) The director may authorize an unscheduled chargeable extra trip for dumpsters
found to be overflowing,the charge for which is noted in Section 21(b)(7).
(j) Any dumpster that is believed to have not been emptied on the scheduled day shall
be brought to the attention of the department within 24 hours of the scheduled dump day or the
next regular business day.
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OR BK 10021 PG 284 Page 9 of 13
(k) Extra pick-ups that are requested by the users of a dumpster will occur the same
day if the department is notified by phone before 10:30 a.m.and the work order is signed,by fax
or in person. If the request is received and the work order signed after 10:30 a.m.,the pickup will
occur the next business day.The extra trip rate is as noted in Section 21(b)(7).
(1) It is the responsibility of the establishment to ensure the dumpsters are not blocked
on the scheduled collection day. Dumpsters that are inaccessible due to obstructive parking or
other reasons beyond the control of the department may require a chargeable extra pick-up before
the next scheduled collection day.
(m) All gate's enclosures must be unlocked and gates to enclosures opened not later
than 7 a.m.on the service day.Drivers are not permitted to close gates or push dumpsters.
(n) Special service items,such as furniture and yard trash in excess of four(4)feet in
length or six(6)inches in diameter,shall not be placed in dumpsters.
(o) Every customer receiving dumpster service shall assume all risk and shall
indemnify, defend,and save harmless the City of Zephyrhills from and against all loss,damage,
cost or expense for enclosure.
50.15. JURISDICTION OVER VIOLATIONS;CORRECTIVE ACTION.
(a) Employees authorized by the City Manager as code enforcement officers are hereby
designated as the investigating and enforcing authority pursuant to this article. The code
enforcement officers are authorized and directed to receive all complaints,make inspections to
determine if a violation of this article exists, gather all relevant information concerning such
complaints, conduct field investigations and inspections of real property, and enter upon real
property,with or without a warrant as required by law,in the conduct of official business pursuant
to this article.
(b) It shall be unlawful for any person to interfere,harass,or otherwise impede a City enforcement officer or solid waste employee who is carrying out or acting within the scope
of his/her duties. A law enforcement official shall have the authority to arrest an individual in
violation of this section.
50.16 THROUGH 50.20 RESERVED.
50.21. RATES AND CHARGES ESTABLISHED.
The department is operated as an Enterprise Fund. There are hereby fixed and prescribed
monthly rates and charges (herein sometimes called the service charges) for the service and
facilities furnished and to be furnished by the department for collection and disposal of solid waste
to be paid by the owner,tenant,or occupant of each premise or parcel of land which shall use or
be served by such services and facilities,which rates and charges shall be payable monthly for
services rendered as follows:
(a) Residential dwellings.
(1) Effective October 1,2019 through September 30,2020,for residential units
where the solid waste is collected curbside in individual container ;the rate shall be Eleven Dollars
and Eighty Nine Cents($11.89)per month for each residential unit. Beginning October 1,2019
and each year thereafter,the rate shall be adjusted pursuant to Section 21(d).
(2) Beginning October 1, 2007, for residential units where the solid waste is
collected curbside in individual containers,a Fifteen Dollar($15.00)Turn-on Fee shall be charged
when service is initiated and a Fifteen Dollar($15.00)Turn-off Fee shall be charged when service
is stopped.
(3) Effective October 1, 2018 through September 30, 2019, for master meter
customers,the rate shall be Eight Dollars and Twenty three Cents($8.23)per month per residential
unit. Beginning October 1,2008 and each year thereafter, the rate shall be adjusted pursuant to
Section 11-21(d).
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OR BK 10021 PG 285 Page 10of13
(4) Missing containers / carts or severely damaged beyond repair shall be
replaced at the owner's/occupant's expense. The occupant/owner shall incur a Sixty Dollar
($60.00)replacement fee to cover the cost of the container,delivery and processing.This applies
to both residential and commercial customers.
(5) Stolen carts shall require the owner to submit a stolen cart form to the
Zephyrhills Police Department for investigation and assignment of a case number.The Zephyrhills
Police Department will then forward the complete form to the sanitation department for cart
replacement at the City's expense.This applies to both residential and commercial customers.
(b) Commercial
(1) Effective October 1, 2019 through September 30, 2020, for commercial
premises where the solid waste is collected curbside in individual containers,the rate shall be Ten
Thirteen Dollars and Seventy Two Cents($13.72)per month for each business unit. Beginning
October 1,2019 and each year thereafter,the rate shall be adjusted pursuant to Section 21(d).
(2) Effective October 1, 2019 through September 30, 2020 for commercial
premises served by refuse bins or dumpsters,the rate shall be greater of than Thirteen Dollars and
Seventy Two Cents($13.72)per month per business unit served!or a monthly rate based on the
volume of the refuse bin in cubic yards and the frequency of collection per week as noted below.
Beginning October 1,2019 and each year thereafter,the rates shall be adjusted pursuant to Section
21(d).
The following monthly rates shall apply from October 1, 2019 through September 30,
2020:
Dumpster Size Frequency of pick-ups per week
Cubic Yard 2 3 4 5 6
2 $61.49 $93.51 $124.24 $154.96 -
3 $93.51 $139.60 $185.69 $233.08 -
4 $124.24 $185.69 $248.46 $309.94 -
6 $185.69 $279.19 $372.68 $466.18 -
8 $224.13 $335.53 $446.98 $558.39 $650.68
(3) The City may require the use of dumpsters in lieu of conventional garbage
cans for other than single family residential use.
(4) The number of pickups required by users,together with requirement as to
container size and capacity for dumpsters,shall be determined by the director.
(5) For installation of new containers,it is the responsibility of the customer to
provide adequate access and dumpster enclosure approved by the director,as set forth in Section
14(b).
(6) There shall be a charge of Twenty-Five Dollars ($25.00) for delivering,
removing,exchanging or placement of a dumpster for users.
(7) An additional charge of Twelve Dollars($12.00)per cubic yard times the
size of the refuse bin shall be made for extra trips or pick-ups,or return trips due to over-spillage.
(8) Refunds. There shall be no refund of any service charge prescribed herein
on account of partial vacancy.
(9) There may be a refund of service charges,not to exceed charges assessed
for a one year period,for total vacancy of the premises provided that the owner of the premises
requests the refund from the department in writing and the department determines that no service
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OR BK 10021 PG 286 Page 11 of 13
has been rendered from the premises for the period for which the refund is requested. No refunds
or credits are authorized for partial vacancies for sixty(60)days or less.
(10) Free service. There shall be no free services rendered by the department for
the collection,transportation or disposal of solid waste.
(11) Deposit: For commercial accounts, a deposit for solid waste services will
be charged equal to two times the monthly service charge. That deposit level must be maintained
-„ at all times.
(c) Special Services.
(1) The term"special services"shall include but not be limited to the collection
of yard trash in excess of six(6)cubic yards per month;the collection of junk,bulky waste,white
goods,or rubbish not placed within containers or refuse bins;or the collection of yard trash,junk,
bulky waste,white goods,or rubbish from lots,or property not paying a monthly fee for collection
services.
(2) The additional charge for special services shall be Two Hundred Dollars
($200.00)per hour,billed in quarter hour increments,plus the actual disposal charge.
(d) Rate Adjustments.
(1) Consumer Price Index adjustment: On October 1, 200& 2019, and on
October 1 of each subsequent year,the rate schedules provided in subsections(a)and(b)of this
section shall be escalated in accordance with the Consumer Price Index for all Urban Consumers
(CPI-U): South Urban, All Items (unadjusted). In no event shall the base rates be adjusted
downwards absent affirmative action by the City Council.
(2) Any rate schedule adjustments, other than that provided for in subsection
(d)(1)of this section,shall be made only upon authorization by the City Council.A public hearing
shall be had by the City Council regarding such change in the rate schedule, and notice of such
public hearing shall be duly published at least fifteen(15)days1 prior to the date of such public
hearing.
50.22.LICENSING FEES—PRIVATE SANITATION SERVICES.
(a) Permit fees: Any person or firm providing private sanitation services within the
City shall obtain a permit pursuant to Section 11-5 and pay an annual general operating permit fee
of Two Hundred Dollars($200.00).Each permit shall be purchased prior to October 1 of each year
and shall expire September 30 of each year.
(b) Service fees: Any person or firm issued a permit to provide private sanitation
services within the City shall pay a monthly service fee.
(1) The monthly service fee shall be equal to twenty percent (20%) of gross
revenues from collection, disposal, hauling, maintenance and all direct or indirect charges
associated with providing solid waste collection and disposal services to customers within the City
of Zephyrhills.
(2) Service fees shall be remitted to the City within 15 days of end of month
and a copy of all monthly invoices shall be included with each payment.
•
! t (3) Failure to abide with these terms may cause the hauler's permit to operate
in the City to be revoked.
(c) The issuance of a permit to provide private sanitation services to a residence or
business within the City shall not exempt that residence or business from the normal monthly
service fee charged by the City.
50.23. BILLING: PAYMENT:DELINQUENT ACCOUNTS.
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ORBK10021 PG287 Page 12of13
(a) The monthly charges provided for in Section 21 shall be billed on monthly
statements, issued by the City for water services; but shall be itemized separately on such
statement.
(b) Such garbage and trash collection charge herein provided for shall be paid within
twenty-one (21) days after the date of mailing of the statement, as stamped thereon; or such
collection service shall be discontinued until all of such charges shall be paid in full.
(c) No customer shall be allowed to terminate charges for garbage and trash fees unless
such customer also terminated water service to the premises.
50.24.BILLING PERIODS.
The monthly period upon which the solid waste service charge shall be computed and for
which they shall be paid for each premises or parcel of land shall:
(a) For premises or parcels of land served by the waterworks and/or sanitary sewer
system of the City,coincide with the monthly period upon and for which charges for the furnishing
of water and/or sanitary sewer service are computed,and;
(b) For premises or parcels of land not served by the waterworks or sanitary sewer
system of the City,the monthly period most convenient to the City.
50.25.DEPOSITS.
Any customer of the City not using sewer or water services shall be charged a deposit for
sanitation services which is equal to twice the expected monthly fee for sanitation services.
50.26.CHARGE TO CONSTITUTE DEBT.
The service charges hereinabove prescribed shall be and constitute a debt to the City for
which the owner,tenant,or occupant,shall be jointly and severally liable.The records of the City
shall be kept open for the inspection by the owner, tenant, or occupant and it shall be the
responsibility of each of them to ascertain that the prescribed service charges are paid or are being
paid. Service charges may be billed retroactively for up to twenty-four(24)months for services
rendered but unpaid.
50.27.OCCUPATION OF BUILDING PRIMA FACIE EVIDENCE OF SOLID WASTE.
The fact that any place of abode or any place of business is occupied shall be prima facie
evidence that solid waste is being produced and accumulated upon such premises and that service
charges for the collection and disposal thereof are due the City.
SECTION 3.SEVERABILITY.
If any part of this ordinance shall be declared unconstitutional or invalid by a court of
competent jurisdiction,the remaining provisions shall remain in full force and effect.
SECTION 4.REPEALER
Any ordinance and/or resolution,or part of any ordinance and/or resolution,in conflict herewith
is hereby repealed to the extent of any conflict.
SECTION 5.INCLUSION IN CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of the City of Zephyrhills,Florida.The sub-Ordinances of this Ordinance may
be renumbered or re-lettered and the word"ordinance"may be changed to"section","article"or
such other appropriate word or phrase in order to accomplish such.
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OR BK 10021 PG 288 Page 13 of 13
SECTION 6.EFFECTIVE DATE.
This ordinance shall become effective when passed on the third reading and signed by the
Mayor.
r 7 2
The.fprtglinig•wrongepse No. 1396-19 was read and passed on the first reading in an open and
regida •ineeting ohlISCity Council of the City of Zephyrhills, Florida, on this 18th day of
-;" 1\10\refilber2019.
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0 Lori Hillm*Fity Clerk - eth M.Burgess, (Coincil President
The foregoing foregoing Ordinance No. 1396-19Was read and passed on Ithe second reading, following a
public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills,
Florida4A titif Sdol.,day of December,2019.
.........
Att(e>gi: 44, X6., Ar„ ).
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Li:L.,Hillrnar4 City Clerk eth M.Burgess ' . 7 - it President
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The foregoing-Ordinance No. 1396-19 was approved by me this 9th day of December,2019.
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f': G Whitfield,May
Approved as to legal form and legal content
Matthew E.Maggard,City Attorney
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