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O#274ORDINANCE #274 AN ORDINANCE OF THE CITY OF BOYNTON BEACH RE~LATING THE ACCUMULATION, P~EMOVAL AND DISPOSAL OF GARBAGE, TRASH AND GARDEN ~H IN THE CITY OF BOYNTON BEACH PROVIDING FOR THE FEES AND THE REMOVAL AND DISPOSAL OF GARBAGE, TRASH AND GARDEN TRASH BY THE CITY OF BOYNTON BEACH; PRESCRIBING LICENSE FEES AND CONDITIONS UNDER WHICH REMOVAL AND DISPOSAL~AY BE MADE BY PERSONS OTHER THAN EMPLOYEES OF THE CITY; REQUIRING LAN~ IN SAID CITY TO BE KEPT FREE OF TRASH, GROWTH AND ~N~; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING PENALTIES FOR VIOLATION HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE cITY OF BOYNTON BEACH, AS FOLLOWS: SECTION i. DEFINITIONS: For the purpose of this chapter: (a) Refuse. The word "refuse"' is hereby defined to mean garbage, household trash and garden trash, as herein defined. (b) Garbage. The word "garbage" is hereby defined to mean every refuse accumulation of'animal, fruit, or begetable matter that attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl, fruits, or vegetables, and any other matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects. (c) Household trash. The term "household trash" shall mean refuse accumulation~of paper, wooden or paper boxes, tin cans, bottles or other containers, sweepings, and all other accumulations of a nature other than garbage, Which' are usual to housekeeping. (d) Garden trash. The term "garden trash" shall mean ail accumulations of grass, tree or shrubbery cuttings, and other refuse incident to the'care of lawns, shrubbery, trees or vines. (e) Garbage cans. The term "garbage can" shall be defined to mean a galvanized iron can of the type commonly sold as a "garbage can", of a capacity not to exceed twenty-five gallons, or of the'type Commonly sold as an "ash can" of a capacity not to exceed thi~ty gallons, and in either case, such c~s shall have two handles upon the sides of the can, or a bail by which it may be lifted, and shall have a tight fitting metal top. (f) Trash container. The term "trash container' shall mean any wood ormetallic container of a size not to exceed five cubic feet in capacity, for the purpose of storing household trash as hereinabove defined. Such container need not have a cover, but in the case of Ordinance #274 Page 2 metal containers without covers, the bottom of the container shall be perforated to prevent the accumulation of water. (~) Household. ?ne term 'household" shall he defined to mean any ~amily living unit, and where two families are living upon the same ~emises, each shall be considered as a houo_hold.~ (h) Month. ?ne term "month" as used in this chapter is hereby defined to mean anyLcalendar month of the year. SECTION 2, GAP~BAGE CARS REQUIRED. 'l~e occupant of each household in the City is hereby required to provide a garbage can or cans of sufficient~apaclty' to hold four days' accumulation of garbage from each household. SECTION 3. TRASH CONTAINERS REQUIRED. The occupant of each household in the City is hereby re- ~ired to provide a trash container or containers o~ sufficient capacity to hold ~our days' ~ ~ accumu_at~on of household trash from such household. SECTION~. SEPAP~TION OF GARBAGE FROM HOUSEHOLD TRASH; CANS TO BE KEPT TIGHTLY COVE~ED. All wet garbage matter shall be wrapped in paper before being placed in garbage cans. All garbage, after having be~n so wrapped and drained of all liquids, shall be daily deposited in the garbage cans herein required. Tin cans, bottles, and other containers shall first be drained of all liquid, and all household trash shall be deposited in trash co*ntainers. No household or garden trash shall be deposited in garbage cans and no garbage shall be deposited in trash containers. All garbage cans shall be kept tightly covered at all times except when it becomes necessary to lift the cover for the purpose of de- positing garbaqe in the garbage can or for the purpose of emptying such can into agarbage truck. SECTION 5. ACCESSIBILITY, ~&~NNER AND TI~E OF PLACING FOR COLLECTION. No garbage can or trash container shall be kept or main- tained ~pon or adjacent to anyLstreet, sidewalk, parkway, front yard, side yard or other place within the view of persons using the City's streets or sidewalks, exfept that: 1. Not earlier than six o'clock P.M. of the day preceding ~hat upon which garbage-and trash collections are customarily made from such premises, such garbage cans and trash containers may and shall be placed within five feet of the street for the purpose of permitting the collection of garbage and trash therefrom, and which garbage cans and trash containers shall be permitted to remain in such places only for and during the period of the day upon which such collection was made. Ordinance #274 Page 3 2. The owner or occupant of any premises may erect or construct and maintain upon any portion of his own premises, a per- manent bin, pit or other structure in which garbage cans and trash containers may be kept; provided, that such bin, pit or other structure · is maintained in a cleo_n, sanitary and sightly condition. Garbage cans and trash containers shall not be kept upon neighboring property not in ownership or tenancy of the person by whom 'the garbage or trash is acc,mmulated, irrespective of whether or not such neighboring property be ~acant or improved. Where the premises abut upon a used alley, garbage cans and trash containers shall be placed within easy and convenient access to such alley. SECTION 6. REMOVAL OF GARDEN TRASH. Garden trash shall be deposited upon the parkway immediately in front of the premises of the person by whom such accumulation is made, or where such premises are located upon a used alley, at a point easily accessible to and readily notice~ble from such alley, on the days prior to the dates specified, from time to time, by the city, for the collection of trash from such premises. It Shall be unlawful for any person to deposit such garden trash upon and adjoining lot or premises, whether vacant or improved, occupied orunoccupied, or upon any other lot or premises, or street, alley or park, or in any canal or waterway,~ lake or p~,l within the city. Garden trash containing no com~ustihle matter, or which will not, during decay, give off offensxve odors, may'~e accumulated hy the owner as a mulch or compost pile in the rear of the premises upon which accumulated. SECTION 7. INSPECTION OF GARBAGE CANS AND TRASH CONTAINERS; CONDEMNATION. All garbage cans and trash containers shall be subject to inspection andapprove or dondemnation by the inspectors of the public works department and the health officers of the city. No appeal from such condemnation shall be possible except to the superintendent of public works end to the health officer of the city. SECTION 8. SEMIWEEKLY DISPOSAL. All garbage cans and trash containers shall be emptied at least twice in.eac~ week, and the contents thereof shall be disposed of at least twice xn each week, in a~anner which shall not conflict with the terms of this chapter. SECTION 9. UNLAWFUL TO BURY CERTAIN MATERIALS IN GROUND. It shall be unlawful for any person to bury in the ground any refuse, garbage, household Stash or garden trash except in places to be approved by the Supermntendents of the Department of Public Works of the City and the Health Office in writing. Ordnance #274 Page 4 SECTION 10. ,~HECITY. REMOVAL BY PERSONS OTHER THAN EMPLOYEES OF In all cases in which garbage or trash is removed or disposed of by persons other than the employees of the department of public works of the City, the owner or occupant of the premises from which such removal,is made, shall prey iously report to the superintendent of the d~artment of ~ublic works and the health office of the city, the name and address of the persons by which such removal is to be made, the description of the vehicle in which it is to be transported, the location at which and the manner in which the ultimate disposition of the garbage and trash is to be accomplished. No person shall contract or permit himself to be employed for such private disposition of garbage and trash unless he shall have first procured a license or permit therefor from the superintendent of the department of public wofzs of the city. SECTION 11. DEPOSITING GARBAGE, ETC., UPON VACANT OR UNOCCI~PIED PREMISES, STREETS, PARKS, ETC. It shall be unlawful for any person to deposit garbage, household trash or garden trash upon any vacant or unoccupied premises in the city or upon any>street, alleys, parks, parkways, or in any canal, waterway, rock pit, sand pit, pool or lake within the city. SECTION 12. TRANSPORTATION OF GARBAGE THROUGH STREETS. It shall be unlawful for any person to transport garbage thromgh or over the stre~ts~or alleys of the city without making a report thereof to the superimtendent of the department of public works and the health officer of the city, or without first having secured a license or permit thereforJ SECTION 13. HOUSEHOLD TRASH TO BE COVERED OR '~EISHTED. .All household trash deposited in trash containers shall either be covered, or the trash in such cdntainers shall be weighted down, so that the ligh~e~r materials cannot be blown from such con- tainers. SECTION 14. SERVICE CHARGE OR FEE. A service charge or fee shall be fixed, from time to time, by resolution of the city commission, and shall be posted in the office of the city clerk. Such service charge or fee shall be based onuthe number of cubic feet, or fraction thereof, for the services rendered by the city in the collection and disposition of garbage and trash, as defined by this chapter from anykstore, shop, restaurant, boardinq or apartment house, warehouse or other place of business in the city. Such service charae or fee shall be payable at the oflice of the city treasurer on or befo~enthe first day of each month, in advance, during which such services are to be rendered by the city provided, however, that, ~6~ ~zhe purpose of determining the amount of trash and garbage to be collected at each store, shop, restaurant, hotel, boarding or Ordinance #274 Page 5 apartment house, warehouse or other place of business, should there he a disagreement between the department of public works of the city and the person liable for the payment of su'ch service charge or fee the superintendent of public works shall designate one of his employees to measure such trash and garbage collected from such place of business during a week to be designated by such person and the number of cubic feet of trash and garbage measured and collected during such week, multiplied hy twelve shall be taken and considered by the department of public works as the amount of trash and garbage to he charged for during such quarter at the prescribed rate per cubic foot. The owner or operator of any store, shop, restaurant, hotel, boarding or apartment ~house, warehouse or other place of business in the city shall have the right and option, in lieu of having his trash and garbage collected hy the city, to haul or'cause his garbage or trash to be hauled, to the city's disposal plant, to he incinerated, upon the payment of a service charge or fee in such amount as may be from time to time, hy resolution of the city commission, which fee shall he imposed for the services rendered hy the city. The payment of the service charge or fee shall entitle the person paying the same to garbage and trash collection and disposal services hy the city from the premises for which such payment shall have been made, and only to the extent of such advance payment. SECTION 15. DISPOSAL. LICENSE, ETC., REQUIRED FOR PIRVATE GARBAGE No person shall remove garbage or trash from any household in the city, or transport garbage or trash through the streets, alleys or other public ways of the city or dump, incinerate, or in any other manner dispose of garbage or trash originating in the city, or contract for-or permit himself to he employed or engaged for any such removal, transportation or disposal, without having first secured a licem, se for such service from the tax collector of the city, evidencing the payment to the city of the fee prescribed by the license schedule. Before issuing any such license, the tax collector shall require the execution of an application form to he furnished by him, showing the name or names of the person to be licensed, or in the case of a corporation, the names of the principal officers, and the names of the person or persons who are to actually perform such service for the corporation together with the business and home addresses of each of such persons; the description of the equipment to be used for such removal, transportation and disposal the exact location of and the method of disposal. The application shall he first submitted to the superintendent of the department of public works and the health officer of the city. Such superintendent and health officer shall make a full investigation of the application, and if they ascertain and determine that such garbage and trash are to he removed and dis- posed of by the applicant in a clean and sanitary manner, and in such a way as not to adversely affect the public health of the city, they shall prove the s~a~.e. Otherwise, they shall disapprove such application. en such applxcation speu. ifies a point of disposal beyond the limit of the city, the health officer and superintendent of the department Ordinance #274 Page 6 of public works shall ascertain whether or not the disposal of garbage at the point named, and by the method described in the application, are satisfactory to the proper authorities of~ Palm Beach County, or of the municipality, if such point be within another municipality. No license under this section shall change any of the personnel named in such application, nor any of the equipment used for the removal or transportation of refuse, nor the location or method of its disposal as described in such application, without having first reported such changes to the superintendent of the department ~ p.~uhlic works, and thehealth offic?r of the city, or without having rxrs= secured their approval and permlssion therefor. In the case of changes in the location and method of disposal, if beyond the limits of the.c~ty such changes shall also be first approved.by the proper authorities of Palm B&ach County, or of the municipality within which such disposal point is to be located. SECTION 16. LANDS TO BE KEPT FREE FROM DEBRIS, VEGETATION AND OTHER MATTER OCCASIONING HURRICANE HAZARDS. All lands in the city shall be kept'free from debris, vege- tation (including trees), or any other matter, which by rea~n of height, proximity to neigkboring~strUctures, physical condition, or other peculiar characteristic, might, in time of hurricane winds prevalent in this region, cause damage to life or property with- in the immediate area surrounding the same. The existence of any debris, vegetation or Other matter as shall create such a hazard is hereby declared to he a nuisance. SECTION 17. LANDS TO BE KEPT FREE FROM WEEDS. All land in the city shall be kept free from weeds of a height exceeding 18". The word "weeds" as used herein shall be held to include all rank vegetabl® growth which exhale obnoxious or unpleasant odors, or to which might he a source of disease or physical distress to human beings, and the word shall also be deemed to include all high and rank vegetables growth that may conceal pools of water, trash~ filth or any other deposits which may be detrimental to health. The existence of any such weeds is hereby declared to be a nuisance. SECTION 18. LANDS TO BE KEPT FREE PROM TRASH OR FILTH. All lands in the city shall be kept free from any kind of trash or filth including specifically, hut without limitation, any broken tree limbs, leaves or branches, any uncontained garbage or refuse or any other type of material which might conceal pools of wgter, create breeding grounds for mosquitoes or which might he other- wmse detrimental to the health or safety of the inhabitants of the city. The existence of any such trash or filth is hereby declared to be a nuisance. Ordinance #274 Page 7 SECTION 19. SURVEY OF LANDS. Periodically, the city Health Officer and the City Engineer shall make a survey report in writing to the City Manager describing any lots or parcels of land in the city wherein conditions such as specified in section 16, 17 and 18 above of this chapter shall exist. Such report shall he delivered to the City Attorney who shall, after search, indicate after each parcel the name of the owner of record. Thereupon, the City Manager shall submit survey report to the City CommisSion. SECTION 20. ACTION BY CITY COMNISSION ON SUCH SURVEY; NOTICE TO OWNER. The City Commission shall consider such survey report at a regular meeting and shall be authorized to hear such supporting data as it may require of the City Health Officer or Engineer in order to determine whether or not a nuisance does exist; and, if, in the opinion of the city commission, such a prima facie case showing the existance of such a nuisance is established, the city commission shall then adopt .a resolution to that effect,, thereby directing that the City Clerk send a written notice within 5 days thereafter to the last record owner of each of such parcels of land at the last available address for such owner, such notice to be in substantially the follow- ing form: NOTICE TO: ADDRESS: ...... PROPERTY: You, as the owner of record, of the property above described, are hereby notified that by resolution of the city commission of the City of Boynton Beach, Florida, adopted on . it has been determined by the city commission that a n~isance exists upon such property caused by (list briefly the details). You are hereby notified that on the day of ,19 at o'cloc~ -~.M., at -- , the city com~is~-i-gn will meet at which t~'~e you wil'l be-given a-n opportunity, personally or by agent or counsel, to show orally or in writing why such nuisance should not he abated. You are advised that if the city commission shall order the abatement of such nuisance, you will be allowed 80 days within which to effect the same, failing in which the city commission will have it done, and the cost thereof will be levied as an assessment against such property. BY ORDER OF THE CITY COMMISSION City' Clerk Ordinance #:274 Page 8 SECTION 21. HEARING BY CITY COMMISSION; DECISION THAT NUISANCE BE ABATED. At the hearing provided for in such notice, or at any adjourned session thereof, any of such owners may show all pertinent or material reasons or facts as to why the preliminary finding of the City Commission as to the existence of such a nuisance should not be amended or altered, or why the abatement of such nuisance should not he required, all at the cost of the owner. The city commission shall consider any such reasons or facts presented by the owner or any other mate~al or pertinent evidence that may be adduced hy the City Health Officer or Engineer, rendering it a decision as soon after the conclusion of such hearing as possible. Such decision may be in the form of a resolution describing the land, the owner, the nature of the nuisance, and the fact that unless abated hy the owner within thirty days, the city will abate the nuisance and levy the cost of such work as an assessment against the property in question. The clerk shall send a copy of such decision to the record owners of the several parcels affected thereby at their last avail- able address within ten days after such decision. SECTION 22. TIME WITHIN WHICH OWNER MUST ABATE NUISANCE. In the case of any items of property as to which the decision requires abatement, if the proPerty owner or someone in his behalf has not abated the'nuisance within S0 days ~rom the date of such mailing by the clerk, the City shall forthwith abate the same and shall, through its employees, servants, agents or contractors he authorized to enter upon the property and take such steps as are reasonably required to effect abatement. SECTION 23. ASSESSMENT OF ABATEMENT COST AGAINST L~ND. As soon as such abatement as feasible, the cost thereof to the City as to each parcel shall be calculated and reported by the City Manager to the City Commission, thereupon, the city commission shall, ~y resolution, assess such cost against such parcel. Such resolution shall describe the land, the cost of abatement actually incurred by the city with reference thereto. SECTION 24. MEETING. NOTICE TO OWNER'OF ASSESSMENT AND EQUALIZATION As soon as poSsible after the adoption of the resolution pro- vided for in the foregoing paragraph, the clerk shall record a certi- fied copy of such resolution in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida, and the City Clerk shall mail a notice to the record owner of each of the parcels of land described in the resolution at the last available address for such owner which notice shall be in substantially the following form: Ordinance #274 Page 9 NOTICE TO: ADDRt[ss: ..... PROPERTY: You, as the record owner of the property above described are hereby advised that, after due notice to the owner, the city commission of the City of Boynton Beach, Florida, did by resolution on the day of ,19 order the abatement of a certain~ance ex~sting on the above p~operty, such nuisance being (herein describe briefly) A copy of such resolution has been heretofore sent you. You failed to abate such nuisance~hereupon it was abated by the city at a cost of $ Such cost has been, by resolution of the city commission ~ated levied against the above property. Ysu are advised that ? the.__~__vday 9f . ,19 at . o clock M., the'city commissmon wmll Sit az a b~'~d of_equa'lSzation at~ , Boynton Beach, Florida, to hear and consxder any and all complaints as to such assessment you or any other person may desire to make. BY ORDER OF THE CITY COMMISSION. SECTION 25. ASSESSMENT: "' City' Clerk ' EQUALIZATION OF ASSESSMENT: PAYMENT OF INTEREST ON SAME Upon the time and place named in the notice provided for in the foregoing section, the city commission shall meet as an equalizing borad to hear and consider any and all complaints as to such assess- ments, and shall adjust and equalize the same on a basis of justice and right, and when so equalized and approved, such assessments shall stand confirmed, and remain legal, valid and binding obligations, upon the property against which-made until paid. Such assessments shall he payable at once upon equalizing and shall draw interest from that date to 8 per cent until paid. SECTION 26. ENFORCEMENT OF ASSESSMENTS. Such assessments together with interest shall be enforceable by the city as provided by the general law of the state. Ordinance #274 Page !0 SECTION 27. PENALTIES. Any violation by any person, firm or corporation v~lating any of the provisions, sections, or sub-sections of this ordinance shall, upon conviction be punished by a fine of not less than $5.00 nor more than $500.00 or by imprisonment' for a period not to exceed 90 days, or both such fine and imprisonment. SECTION 28. SEPARABILITY. In any section, part of section, sentence, clause or phrase of this ordinance shall be held to be unconstitutional or invalid, the remaining provisions hereof shall nevertheless remain in full force and effect. SECTION 29. ORDINANCES R~PEALED. All ordinances or parts of ordinances inconsistent or in conflict herewith are hereby repealed insofar as there is conflict. First reading this 3rd day of October, 1955. Second reading and passed and adopted this 17th day of October, 1955. Mayor' - Conncilm ~ - - ~ Attest: