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O94-28ORDINANCE NO. O94-~=~8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 10, ARTICLE II REFUSE, GARBAGE AND TRASH BY AMENDING SECTIONS 10-23 DEFINITIONS; SECTION 10-24 RESIDENTIAL NONCONTAINERIZED COLLECTION; SECTION 10-28 PURPOSE OF RATES AND CHARGES, SECTION 10-29 RATES AND CHARGES FOR CITY SERVICE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton beach desires to establish a method: and charge for service for users who do not conform to the City's regulations regarding the commingling of yard trash with household garbage, the disposal of construction debris and noncombustible trash, placing of garbage in approved containers, or the amount of waste placed for collection; and WHEREAS, it is deemed to be in the best interests of the City residents for public health concerns and to meet Palm Beach County's recycling and landfill disposal requirements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That Chapter 10, Article II Section 10-23 Definitions is hereby amended by creating a.new definition to be placed in alphabetical order within the section, as follows: Additional pick-up means a collection of garbage, combustible trash, noncombustible trash or yard trash required due to the inappropriate container, lack of containerization and/or size or ty_pe of material placed out for pick-up. ~ That Chapter 10,' Article II Section 10-24(b)(1) is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: (b) The city will collect... (1) Garbage and combustible trash will be collected twice per week at curbside from residential units, in standard thirty-two gallon garbage cans or sealed bags placed within five (5) feet of curbside. Maximum total weight per full container shall not exceed thirty-five (35) pounds. All containers shall be aboveground and shall be located a minimum of five (5) feet from any obstruction that may interfere with routine collection. Underground containers may be used for storage of garbage, but must be placed above ground on collection days. Yard trash will not b collected with household garbage, but will be picked up once per week on a scheduled trash pickup day. Yard trash capable of being containerized should be placed in a standard garbage can or disposable container. Yard trash must not be commingled with household garbage. Collection of yard trash should be piled separately from all other trash at curbside. Placing of yard trash in the paved area of the street or on vacancy lots is prohibited. Construction matefi~, debris autO, truck or motorcycle parts and hazardous waste material will not be picked up by the city and owners must make arrangements for proper disposal. ............ a~-~y ............................................ cod VIUI~.LIUI lb UI UI ti I1~ i;:t/~IUVt~ II=~LIII.;LIUI I~ Will U~:~ bUUJmL;t tU [JU~blUII~ Section 3. That Chapter 10, Article II Section 10-28 is hereby amended by adding the words and figures in underlined type, as follows: Sec. 10-28. Purpose of rates and charges. The rates and charges herein set forth are imposed to provide revenue for the purpose of paying the costs of the operation and maintenance of the refuse collection and disposal system of the city and extensions thereof and replacements thereto and for any other lawful purpose as so determined by the City Commission. Section 4, That Chapter 10, Article II Section 10-29 is hereby amended by adding the words and figures in underlined type, as follows: ~.~ Additional pickup: Additional pickups necessitated by the lack of adherence to the requirements set forth in Chapter 10: Article II shall be determined by the Public Works Director, with the first pick up requiring a warning notice of the violation being provided to the resident of the property and the second pickup resulting in an additional charge of $25.00. Subsequent pickups within a 12 month time r~eriod will also receive a charae of $25.00 Der r~ickur~. One warning notic® per every_ 12 months ~ill be afforded to'the ~roperty owner or tenant. Warninos shall consist of placement of a door hanoer on the r)ror~ertv rd~s a notice letter sent reoular mail to the nan~ed individ;~al 'listEd' on the City.'"s utility billin-g record at the service address. Section 5. hereby repealed. All ordinances or parts of ordinances in conflict herewith are Section 6. Should any section or provision of this ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section. 7. Authority is hereby given to codify this Ordinance. Section 8. That each and every other provision of Chapter 10 not hereinbefore specifically amended shall remain in full force and effect. Section 9, This ordinance shall become effective October 1, 1994. FIRST READING this /~ day of August, 1994. SECOND, FINAL READING AND PASSAGE this ~. day of September, 1994. CITY OF.B~N BEACH,, FLORIDA Mayor,~ Magor Pro ~ Commissioner ATTEST: Cit~ Clerk Commissioner