Fort Walton Beach Council agenda — 01-26-2010 Regular — reading text

limited to, steel brick concrete asphalt roofing material, pipe, 45 gypsum wallboard, and lumber from the construction or demolition project Toni L. Craig 1 92_ 46 or from the renovation of a structure; and including rocks, soil, tree 47 remains,, trees shrubbery and other vegetative matter that normally results 48 from clearing or land development operations for a construction project. 49 including such debris from construction of structures at a site remote from 50 the construction or demolition project site. 51 52 Construction and demolition debris. collection vehicle: A vehicle 53 specifically designed for the collection and transport of Construction and 54 Demolition Debris Such vehicle may be equipped with a permanently 55 mounted debris collection container, or equipped with a detachable 56 container capable of being offloaded loaded, and transported to and from 57 the construction and demolition debris collection point. All vehicles 58 approved for this type of service shall be equipped with appropriat 59 dust/ debris covers to ensure that collected materials are secured within the 60 container during transport. 61 62 Construction and demolition debris container: A container used for the 63 collection storing and transport of construction and demolition debris to 64 and from residential commercial, and industrial properties within the 65 incorporated boundaries of the City of Fort Walton Beach. For the 66 purposes defined herein such container shall either be detached and able 67 to be hauled to and from the service site by a motor vehicle, or 68 permanently attached to a motor vehicle for loading„ . transport, and 69 disposal. 70 71 Construction and demolition debris hauler: A business enterprise 72 propert licensed through the City of Fort Walton Beach and operated for 73 the expressed purpose of collecting, transporting,, and disposing of 74 construction and demolition debris. 75 76 Business tax receipt: That license and the fees paid that are associated 77 with operating, within the city lam, a construction and demolition debris 78 hauling service being more particularly described in the city' s 79 Comprehensive Fee Schedule, Appendix A. Page 1 " Contractors"} 80 " Cate&= A" 81 82 83 8. 12.02 Owner and vehicle registration provisions. 84 It shall be unlawful for any person6 either as rinci al, agent or 85 employee, to perform any services associated Vith the collection, stogy 86 and transportation of construction and demolition debris without first 87 obtaining a business tax recut from the Pity' s Customer Services 88 Division and registering the conmL owner and service vehicles with 89 the City's Solid Waste Divisiom using a format approved by the City Toni L. Craig 93-  90. Manager.. The information for registration shall include but not be limited 91 tor- license plate number, make model and manufacturer's serial 92 number of each vehicle that will be used or deployed in the ci , limits; the 93 date each vehicle was put into service in the city limits; the driver' s license 94 , number of the owner and any operator for each vehicle; the name of the 95 insurance company or companies with which the owner and operators 96 have liability insurance caverae for the operation of the vehicle as 97 required by law; and such other information as may be required. 98 99 S. 12.03 Permitted Activity 100 Those business enterprises with a valid business tax receipt and 101 that are .properly registered with the city to Perform construction and 102 demolition debris hauling services shall be permitted for the following 103 activities, within the corporate boundaries of the City of Fort Walton 104 Beach: 105 _ l)The right to contract directly with residential property owners 106 or tenants, commercial property owners or tenants, and industrial property 107 owners or tenants for the collection, storage, and transportation of 108 construction and demolition debris, 109 _; >. After entering into a contract for services with the owner or 110 tenant, ie right to deposit a construction and demolition debris container 111 on a residential, commercial, or industrial property for the ess r Purpose . 112 of collecting construction and demolition debris. 113 _ 3) After entering into a contract for services with the owner or 114 tenan the right to store construction and demolition debris materials in an 115 Approve container as outlined in 8. 12. 03( 2) for a period not to exceed 30 116 calendar days. 117 mil) After entering into a contract for services with the owner or 118 tenant, the right to transport collected construction and demolition debris 119 materials from the point of collection through the city to an = roved 120 construction and demolition debris receiving statigAp ovided safeguards 121 are in pl rce ; to ensure that collected materials remain in lac?, within the 122 haulingcontainer during trannWort. 123 124 8. 12.04 Prohibited Activity 125 Those business enterprises properly registered with the City of Fort 126 Walton Beach to perform construction and demolition debris hauling 127 services are prohibited from performing any other service or activity 128 within the city limits, unless such hauling service has obtained the proper 129 business tax_receipt. Other service or activity shall be construed to mean 130 those hauling services that are consistent with other forms of solid waste 131 collect]o2i and disposal including, but not limited . to} collection and 132 disposal of &@tb elrefM recyclables other than construction and Toni L. Craig 94- 133 demolition debris, white goods, hazardous wastes, or the operation of a 134 solid waste transfer station or landfill disposal site. 135 136 8. 12. 05 Insurance Requirements 137 It is a violation of this chapter to operate a construction and 138 demolition debris collection vehicle without maintaining insurance 139 coverage in the following minimum amounts: 140 1) General liability insurance in an amount of not less than 141 300000 combined single limit liability. 142 2 ) Bodily injury liability insurance and property damage liability 143 insurance in amounts of not less than $ 50,000.00 per occurrence for a 144 construction and demolition debris collection vehicle with a gross vehicle 145 weight of less than 35, 000 pounds not less than $ 100,000. 00 per 146 occurrence for a construction and demolition debris collection vehicle 147 with a gross vehicle weight of 35, 000 pounds or more but less than 44,000 148 pounds; and not less than $ 300,000.00 per occurrence for a construction 149 and demolition debris collection vehicle with a gross weight of more than 150 44,000 pounds. 151 152 8. 12. 06 Violations 153 Violations of this section shall be prosecuted pursuant to chapter 154 1. 05 ofthe city code. 155 156 157 SECTION 4. REPEAL OF CONFLICTING PROVISIONS 158 In the event any ordinance or parts of ordinances are in conflict with any other 159 provision of the Code, the provisions of this Ordinance shall prevail. 160 161 SECTION 5. SEVERABILTTY 162 Should any provision or portion of any provision in this ordinance be declared to 163 be invalid by a court of competent jurisdiction, such decision shall not affect the other 164 provisions of this ordinance. 165 166 SECTION 6. EFFECTIVE DATE. 167 This Ordinance shall take effect immediately upon approval by the City Council 168 and signature of the Mayor. 169 170 171 Adopted: , 2010 172 Mike Anderson, Mayor 173 174 175 Attest: Approved for form and legal 176 sufficiency. Toni L. Craig 4 95- 177 178 179 Helen A. Spencer, City Clerk Toni L. Crai& City Attorney 180 181 182 New language is underlined. 183 Deleted language is stfi 184 185 Codification Instructions: Sections 1.` 2, 4i 5, 6 are not codified. k 186 Section 3 is codified as indicated within this ordinance. 187 Toni L. Craig 5 96-  Page 1 of 2 John Hofstad From: Toni Craig (toni@tonicraig.info] Sent: Tuesday, January 05, 2010 5: 50 PM To: John Hofstad; Laraine Van Etten Cc: Michael Beedie; Allen Lassiter Subject: RE: Ord. 1792, Solid Waste Ordinance The attached revised C& D ordinance is legally sufficient I've attached the red l-ined version for your convenience in tracking the changes. This ordinance cannot be number 2792; that is the ordinance number for the solid waste ordinance itself. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig.info From: John Hofstad [ mailto jhofstad@fwb.org] : Sent: Monday, December 28, 2009 2:22 PM To: Laraine Van Etten Cc: Michael Beedie; Alien Lassiter; Toni Craig: Subject: RE: Ord. 1792, Solid Waste Ordinance Ordinance 1792 will not go until the last meeting in January. The attached Ordinance (1807), however, will likely go on the 12th (if we get the City Attorney' s approval). This ordinance must be approved on first reading by Council before we bring Ordinance 1792 back on second reading. if 1807 is approved on first reading on the 12th, then we Intend to bring both (1792 & 1807) for 26th. approval on second reading on the 11th My last day with the City will be the of January, so Michael will likely be the one. bringing these issues before