Fort Walton Beach Ordinance — 1807 - construction & demolition debris hauling services — reading text

READING DATE 1st 2nd ORDINANCE 1807 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 8, LICENSES & BUSINESS REGULATIONS BY ADOPTING A NEW CHAPTER 8. 12, ENTITLED CONSTRUCTION & DEMOLITION DEBRIS HAULING SERVICES; REQUIRING PERMITTING OF OWNERS AND OPERATORS; REGULATING CONSTRUCTION & DEMOLITION DEBRIS HAULING SERVICES ON PRIVATE PROPERTY; REPEALING CONFLICTING PROVISIONS; AND SETTING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. AUTHORITY The authority for enactment of this Ordinance is section 166. 021 ( 1)( 6) and 166. 043, Florida Statutes ( 2009). SECTION 2. INTENT Section 166. 043, of the Florida Statutes allows the City to enact service rates otherwise authorized by law, including water, sewer, solid waste, public transportation, taxicab, and port rates. SECTION 3. ENACTMENT OF NEW CHAPTER 8. 12 REGARDING CONSTRUCTION AND DEMOLITION DEBRIS HAULING SERVICES. Volume II of the Code of Ordinances, City of Fort Walton Beach, Florida, is hereby amended by adding a new chapter 8. 12, entitled " Construction & Demolition Debris Hauling Services," regarding the off-loading, pickup, and hauling of construction and demolition debris containers from any commercial and/or residential property located within the jurisdictional boundaries of the City of F ort Walton Beach. The provisions, policies, rates, and requirements for chapter 8. 12 shall be enacted as follows: 8. 12 Construction & Demolition Debris Services Haulin!! 8. 12. 01 Definitions The following: words. terms and phrases. when used in this chapter. shall have the meanings ascribed to them in this section. except where the context clearly indicates a different meaning: Construction and demolition debris: Discarded materials generally considered to be not water- soluble and nonhazardous in nature including. but not limited to. steel. brick. concrete. asphalt roofing material. pipe. gypsum wallboard. and lumber from the construction or demolition proiect or from the renovation of a structure: and including rocks. soil. tree remains. trees. and other shrubbery.. vegetative matter that normally results from clearing or land development operations for a construction project. including such debris from construction of structures at a site remote from the construction or demolition project site. Construction and demolition debris collection vehicle: A vehicle specifically designed for the collection and transport of Construction and Demolition Debris. Such vehicle may be eauipped with a permanently mounted debris collection or equipped with a detachable container capable of being ofi1oaded. container.. loaded. and transported to and from the construction and demolition debris collection {>oint. All vehicles approved for this type of service shall be equipped with appropriate dust/debris covers to ensure that collected materials are secured within the container during transport. Construction and demolition debris container: A container used for the and transport of construction and demolition debris to and collection.. storing.. from commercial. and industrial properties within the incorporated residential.. boundaries of the City of F ort Walton Beach. F or the purposes defined herein. such container shall either be detached and able to be hauled to and from the service site by a motor or permanently attached to a motor vehicle for vehicle.. and disposal. loading.. transport.. Construction and demolition debris hauler: A business enterprise properly licensed through the City of Fort Walton Beach and operated for the expressed purpose of collecting. transporting. and disposing of construction and demolition debris. Business tax receipt: That license and the fees {>aid that are associated with a construction and demolition debris hauling operating. within the city limits.. service. being more particularly described in the city' s rehensive Fee Com{> Appendix A. Page Contractors".. " Category A". Schedule.. 1.. " 8. 12. 02 Owner and vehicle re2istration provisions. It shall be unlawful for any person. either as principal. agent or employee. to perform any services associated with the and transportation collection.. storage.. of construction and demolition debris without first obtaining a business tax receipt from the City' s Customer Services Division and registering the owner.. company.. and service vehicles with the City' s Solid Waste Division. using a format approved by the City Manager. The information for registration shall include. but not be limited the license plate number. model and manufacturer' s serial to.. make.. number of each vehicle that will be used or deployed in the city limits: the date each vehicle was put into service in the city limits: the driver's license number of the owner and any operator for each vehicle: the name of the insurance company or companies with which the owner and operators have liability insurance other coverage for the operation of the vehicle as required by law: and such information as may be required. Ord. 1807 Page 2 of 4 8. 12. 03 Permitted Activity Those business enterprises with a valid business tax receipt and that are properly registered with the city to perform construction and demolition debris hauling services shall be permitted for the following activities within the corporate boundaries of the City of F ort Walton Beach: 1) The right to contract directly with residential property owners or tenants. commercial property owners or tenants. and industrial property owners or tenants for the collection. storage. and transportation of construction and demolition debris. 2) After entering into a contract for services with the owner or the tenant.. right to deposit a construction and demolition debris container on a residential. commercial. or industrial property for the express puroose of collecting construction and demolition debris. 3) After entering into a contract for services with the owner or tenant. the right to store construction and demolition debris materials in an a{> proved container as outlined in 8. 12. 03( 2) for a period not to exceed 30 calendar days. 4) After entering into a. contract for services with the owner or tenant. the rightto transport collected construction and demolition debris materials from the point of collection through the city to an approved construction and demolition debris receiving vrovided safeguards are in place to ensure that station.. collected materials remain in place within the hauling container during transport. 8. 12. 04 Prohibited Activity Those business enterprises properly registered with the City of Fort Walton Beach to perform construction and demolition debris hauling services are prohibited from performing any other service or activity. within the city limits. unless such hauling service has obtained the proper business tax receipt. Other service or activity shall be construed to mean those hauling services that are consistent with other forms of solid waste collection and disposal including. but not limited to. collection and disposal of garbage/ recyclables other than refuse.. construction and demolition debris. white goods. hazardous or the wastes.. operation of a solid waste transfer station or landfill disposal site. 8. 12.05 Insurance Requirements It is a violation of this chapter to operate a construction and demolition debris collection vehicle without maintaining insurance coverage in the following minimum amounts: 1) General liability insurance in an amount of not less than $ 300. 000 combined single limit liability. 2) Bodily injury liability insurance and property damage liability insurance in amounts of: not less than $ 50.000. 00 per occurrence for a construction and demolition debris collection vehicle with a gross vehicle weight of less than 35. 000 pounds: not less than $ 100.000. 00 per occurrence for a construction and demolition debris collection vehicle with a gross vehicle weight of 35. 000 pounds or more but less than 000 pounds: and not less than 44.. Ord. 1807 Page 3 of4  000. 00 per occurrence for a construction and demolition debris collection 300.. vehicle with a grOSS weight of more than 44. 000 pounds. 8. 12. 06 Violations Violations of this or section shall be prosecuted pursuant to chapter 1. 05 of the city code. SECTION 4. REPEAL OF CONFLICTING PROVISIONS In the event any ordinance or parts of ordinances are in conflict with any other provision of the Code, the provisions of this Ordinance shall prevail. SECTION 5. SEVERABILITY Should any provision or portion of any provision in this ordinance be declared to be invalid by a court of competent jurisdiction, such decision shall not affect the other provisions of this ordinance. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. AdOP~ c16 2010 kieAA G7 Mike Anderson, Mayor Ap roved for fo~ and legal sufficiency. New language is underlined. Deleted language is striekea. Codification Instructions: Sections 1. 4. 6 are not codified. 2.. 5.. Section 3 is codified as indicated within this ordinance. DISPOSITION Ord. 1807 Page 4 of 4  MORjHWEH HORWf, Daily