Fort Walton Beach Ordinance — 1336--Amend Code--Solid Waste Collection — reading text

City of Fort Walton Beach Americar Most Geautiful Beaches Vv G5 BOTW Ordinance _*** AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR THE AMENDMENT OF CHAPTER 36 OF THE CITY OF FORT WALTON BEACH CODE OF ORDINANCES, ARTICLE VI, SOLID WASTE, DIVISION 1. GENERALLY; AMENDING SECTION 36-273 TO ESTABLISH A TIMETABLE FOR ISSUING PERMITS FOR PRIVATE COLLECTION AND TRANSPORTATION; AMENDING SECTION 36-280 ACCUMULATIONS OF DEPOSITS AT THE CURB SIDE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. SECTION 1. The authority for the enactment of this ordinance is Section 1-5 of the City Code, and Section 166.041, Florida Statutes. SECTION 2. Chapter 36 of the City of Fort Walton Beach Code of Ordinances, Article VI, Solid Waste; Section 36-273 is amended to read: SECTION 36-273. PRIVATE COLLECTION AND TRANSPORTATION PROHIBITED; EXCEPTION. (a) The hauling or transportation of garbage from residences or places of business by private persons is prohibited. It is the intent and purpose of this section to prohibit any agency, other than the City, from hauling or transporting garbage in the City. (b) The City Manager may issue a permit to allow private individuals or companies to service commercial accounts upon a finding that the City's equipment is either inadequate to service the proposed account or it is not economically feasible for the City to service the account. Permits will be issued in October of each year. The permit fee is $100 per year. {c) The City Manager may, at any time, revoke any permit issued pursuant to subsection (b) of this section upon a finding that the City either has obtained the equipment necessary to service the account or that it has become economically feasible for the City to service such account. (d) The business that is issued the permit shall compensate the City by _paying the City, on a quarterly basis, a percentage of the gross revenue of the customers being serviced in the City by such business. Such compensation shall be based not only on standard container customers, but on any other type of collection service approved by the City for the customers and commercial hauler. The percentage of the gross revenue payable to the City shall be ten percent. Only businesses in compliance with the section may be issued a permit. SECTION 3. Chapter 36 of the City of Fort Walton Beach Code of Ordinances, Article VI, Solid Waste; Section 36-280 is amended to read: Section 36-280. ACCUMULATIONS OF DEPOSITS LIMITED. (a) No person shall accumulate garbage or trash upon any premises in the city for a period longer than eight days. Garbage or trash at the curb side or right-of-way shall be treated as an intended sanitation pick-up on the regularly scheduled day. For oversized or excess volume, a billing work order will be issued and payment is due upon issuance. This service will be assessed as per section 36-296 (2)b.5 (b) No persons shall deposit garbage, trash or yard trash upon any vacant or unoccupied premises, in any waterway, pit or pool, or upon the property or premises of another person. The removal of any refuse located on an unoccupied or vacant piece of property is the responsibility of the owner. If the City is requested to remove any refuse, it must be in accordance with section 36-296(4). LITHO BY VITRO PRESS SECTION 4. SEVERABILITY. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable. If any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid, unconstitutional or unenforceable by the valid judgment or decree of the court of competent jurisdiction, such invalidity, unconstitutionally or unenforceability shall not affect any of the remaining phrases, clauses, paragraphs and sections of this Ordinance. SECTION 5. CONFLICTS. All other ordinances or parts of ordinances in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 6. EFFECTIVE DATE. THIS ORDINANCE SHALL TAKE EFFECT UPON ADOPTION BY THE COUNCIL AND SIGNATURE BY THE MAYOR. The form and legal sufficiency of the foregoing has been reviewed and approved by the city DISPOSITIC:: Rud\ie (Hs (li Mar. | Ls | CITY OF FORT WALTON BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinance at 7:00 p.m. on Tuesday, October 14, 1997, in the Council Chamber at Fort Walton Beach City Hall, 107 Miracle Strip Parkway, SW, at whk the City Council will consider its adoption into law. The ord: its entirety may be inspected at the Office of the City Cler regular working hours. All interested parties may appear meeting and be heard with respect to this proposed ordinance. ORDINANCE NO. 1336 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR THE AMENDMENT OF CHAPTER 36 OF THE CITY OF FORT WALTON BEACH CODE OF ORDINANCES, ARTICLE VI, SOLID WASTE, DIVISION 1, GENERALLY; AMENDING SECTION 37-273 TO ESTABLISH A TIMETABLE FOR ISSUING PERMITS FOR PRIVATE COLLECTION AND TRANSPORTATION; AMENDING SECTION 36-280 ACCUMULATIONS OF DEPOSITS AT THE CURB SIDE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Any person who decides to appeal any decision made with respect matter considered at such hearing will need a record of the pro and for such purpose may need to ensure that a verbatim record | proceedings is made, which record includes the testimony and ev which the appeal is to be based. Leg. 1006 : . CITY OF. FORT WALTON ‘BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following pro- posed ordinance at 7:00 p.m. on Tuesday, October 14, 1997, in the Council Cham- ber at Fort Walton Beach City Hall, 107 Miracle Strip Park- way, SW, at which time the City Council will consider its adoption into law. The ordi- nance in its entirely may be inspected at the Office of the City Clerk during regular working hours. All interested parties may appear at the meeting and be heerd with respect to this proposed ordi- nance. ORDINANCE NO. 1336 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR THE AMENDMENT OF CHAPTER 36 OF THE CITY OF FORT WALTON BEACH CODE OF ORDINANCES, ARTICLE Vi, SOUD WASTE, DIVISION . GENERALLY; AMENDING - SECTION 37-273 TO ESTAS- LISH A TIMETABLE FOR ISSU- The City of Fort Walton Beach adheres to the Americans with Dis - COLECTION AND TRANS- Act and will make reasonable modifications for access to this m request. Please call the City Clerk, Helen Spencer at 850-833-_ a request. For Hearing Impaired 1-~800~955-8771 (TDD) or 1~-800-9 (VOICE). Requests must be received at least 48 hours in advance meeting in order to allow the City time to provide requested ser Helen Spencer City Clerk 833-9509 WG PERMITS FOR PRIVATE PORTATION; AMENDING SECTION 36-280 AC- CUMULATIONS OF DEPOSITS AT THE CURB SIDE; PROVID- ING FOR SEVERABILITY; PRO- VIDING FOR CONFLICTS; AND PROVIDING AN EFFEC- TIVE DATE. Any person who decides to appeal any decision made with respect to any matter considered at such hearing will need a record of the pro- ceedings, and for such pur- pose may need to ensure that a verbatim record of the pro- ceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. e City of Fort Walton Beach adheres to the Americans with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call the City Clerk, Helen Spencer at 850-, 833-9509 to make a request. For Hearing Impaired 1-800- 955-8771 (TDD) or 1-800- 955-8770 (VOICE). Requests must be received at least 48 hours in advance of the meet- ing in order-to allow the City fime to provide requested ser- Felon Spencer Qoerk 833-9509 Leg. 1006 Oct. 3, 1997