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04-030 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 ORDINANCE NO. 04 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 10. GARBAGE, TRASH AND OFFENSIVE CONDITIONS, PROVIDING FOR RATE MODIFICATION AND CLARIFICATION OF LANGUAGE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, over the past several months staff has met and reviewed the Code for the purpose of revising provisions related to garbage and trash within the City of Boynton Beach; and WHEREAS, it has been determined that over the past two years, the Solid Waste fund balance, has exceeded revenues received for the services provided; and WHEREAS, staff has looked at all options available to evaluate sources of enhanced revenue, as well as identifying outdated provisions within the Solid Waste Code that make it extremely difficult for Code Compliance staff to enforce a number of provisions throughout the community; and WHEREAS, the City Commission has determined, upon recommendation of staff, that Chapter 10 Garbage, Trash and Offensive Conditions be amended to provide for a rate modification, as well as by deletion of outdated material and clarification of sections of the Code, which will enhance the efforts of all City departments to work together. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. That Chapter 10 Garbage, Trash and Offensive Conditions is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as set forth in Composite Exhibit "A" attached hereto and made a part hereof. Section 3. Each and every other provision of Chapter 10, not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 same are hereby repealed. Section 5. · Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective during the first full billing cycle after the adoption of the Ordinance on Second Reading. FIRST READING this ~ day of April, 2004. SECOND, FINAL READING AND PASSAGE ~ mu 2004. 1 ATTEST: i~Clerk (C( this [~ day of CITY OF BOYNTON BEACH, FLORIDA "Commis(~ion~-., ~ S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 COMPOSITE EXHIBIT "A" Chapter 10 GARBAGE, TRASH AND OFFENSWE CONDITIONS* Art. Art. Art. Art. I. In General, §8 10-1--10-21 II. Refuse, Garbage and Trash, 88 10-22--10-49 Abandoned Property, §§ 10-50--10-54 IV. Reserved, 88 10-55--10-61 *Cross references-o ........... Solid Waste placed within ~,~,. .......... Department of public Public ;:'c, rksWorks, § 2-2; removal of dead animals, §§ 4-10, 4-11; nuisances arising from keeping of animals, § 4-13; open burning, § 9-3; stench bombs and other offensive matter, § 15-11; litter, § 15-26 et seq.; disposal of refuse and trash on beaches and in parks, § 16-49. ARTICLE I. IN GENERAL Sec. 10-1. Reserved. Editor's note-Section 2 of Ord. No. 88-39, adopted Sept. 7, 1988, repealed former § 10-1, which pertained to penalties and derived from Code 1958, § 13-42. Sec. 10-2. Lands to be kept free from trash or filth. The owners of lands within the c4ty-City shall keep the sameland and one-half of any abutting street, alley or easement free from any accumulation of trash or filth, broken tree limbs or branches, uncontained garbage or refuse, any containers or materials which could hold or conceal pools of water, and heavy dense or dank growth of weeds, grass, underbrush, palmettos, Florida holly trees, or other uncultivated vegetation, or other dead or living plant life, which might constitute a fire hazard, serve as a breeding place for or harbor insects, rodents, wild animals, snakes or other pests or vermin, or-give off an offensive odor, or which otherwise is considered to be a hazard to the health and safety of individuals residing or workin_o on neighboring propertx/ and the general public, bvhieh-}3vhich, shall in each S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage. Trash and Offensive Conditions.doc 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 constitute a nuisance when any parts or accumulation of growth are located within fifty (50) feet of the boundary of any developed or maintained adjacent property located in the corporate limits of the City of Boynton Beach. In vt, ................... ~,,, .............. t, fu~her found and decl~ed that s~d accumulation and growth ~e detrimental to the econo~c welf~e of the adjacent prope~y, and injurious to the public safety, health and welf~e of the City of Boynton Beach and its inhabitants. Said nuisances also adversely affect econo~c growth, stability and prospehty of said city and its inhabitants. It is fu~her found and declared that dense, undergrowth, weeds and vegetation either cultivated or uncultivated that are allowed to grow so as to impede and obstruct the no~al view of intersections, railroad crossings or traffic signs from streets, roads and highways ~e traffic h~ds and ~e hereby declared to be a nuisance. (Code 1958, }} 13-15, 13-18, 13-27; Ord. No. 80-27, { 1, 7-15-80; Ord. No. 82-28, } 1, 9-21-82) Sec. 10-3.Lands to be kept free from matter occasioning hurricane hazards. All lands in the c-4~City shall be kept free from debris, vegetation (including trees) or any other matter, which by reason of height, proximity to neighboring structures, physical condition_, or other peculiar characteristics, might, in time of hurricane winds, cause damage to life or property within 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 be a nuisance. (Code 1958, § 13-17) Sec. 10-4. Inspection of lands to determine violation. The c-i~City maaager-Manager or his the designated representative shall, as often as may be necessary, inspect lands within the e4W-City to determine if violation of this chapter exists. (Ord. No. 89-47, § 1, 12-5-89) Sec. 10-5. Notice of violation required. If the c4vpCity mamage~Manager or h:s the designated representative shalt-determine5 that a public nuisance exists: in accordance with the standards set forth in these sections on any lot, tract, parcel, or other real property, within the e-ktyCity, whether improved or unimproved, hethe City Manager, or the desi_onated representative, shall fo:~?,vit~ notify the owner of the property= as the ownership appears upon the last complete records of the county tax assessor. The notice shall be given in writing by first class mail, postage prepaid, which shall be effective and complete when properly addressed as set forth above and deposited in S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 the United States mail with postage prepaid, and shall be considered sufficient notice. In case of multiple or joint ownership, service as herein provided on any one (1) owner shall be sufficient. The personal hand delivery by the c-i~y-City manager-Manager or his the designated representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed notice is returned by the postal authorities, the c4t~City ~Manager or his the designated representative shall cause a copy of the notice to be servedhand delivered upon the occupant of the property_, or upon any agent of the owner thereof. In the event that personal service upon the occupant of the property or upon any agent of the owner thereof cannot be performed after reasonable search, the notice shall be given by a physical posting of the notice on the subject property. (Ord. No. 89-47, § 2, 12-5-89) Sec. 10-6. Content and form of notice. (a) The Notice provided for in section 10-5 shall notify the owner of the land of the following: (1) That tit has been determined that a public nuisance exists on histhe land, and what constitutes that nuisance. (2) __ That ri:the owner of the land shall have a maximum t>lS-no more than ten (10) days ..... ~""~ ..... "" ............. ~ ,; ..... ~,.~.~;.~a 57 '~ ~ .... from the date of receipt of the notice to remove the condition causing the nuisance on the land. (3) __ _ That tif the conditions are not corrected or removed, the ~ity shall have them conditions corrected or removed at the expense of the owner, including, but not limited to all administrative and inspection costs, of i n spection and adm i n i strati on. (4) That :l:the owner£s) have no more than a m'axim'.:n: of ten (10) days ~ ~ .............. ~'ana"e~ ~o,s ......... v date of ~[eceipt, or deliver, or posting of the notice to bhng the prope~y into confo~ance with the City's Code of Ordinances, to file a written pefit4o~appeal mwith the c4t-y-City mae, ager-Manager or designee for a heating before a three-person appeal panel. ~oardThe three-person appeal panel which shall be composed of the c-i~City manag~Manager, the ~Director of -"~;~ Public ..... v .... · v .............. -Works, and the c-ode-Code c-ompl4~mc~-Compliance ............... Adnnnlstrator, or their designees: The, which hearing regarding the owner's appeal shall be held within ~ five (-105) days of the date the petition is received by the c4D~City ~Manager. S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (5) That the written appeal shall address the followino_, issues: ~ Whether the conditions do in fact exist; (b) Why the City should not abate the conditions on the property, eCg-at the expense of the owner, and (c) The time limits for the abatement. That the source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner. (aw'7~,,,,~_, That .... tif. after a hearing_, the board determines that the conditions which exist on the property constitute a public nuisance, the board may grant the owner of the property such sba!! have an additional time maximum o( ........ r~ ~ ............ ~-'-t .... r ,-u~- '~-~ as the board should deem as appropriate to correct or remove the conditions after which the oily-City shall have the fight to have the conditions abated at the expense of the property owner. If the owner does has not requested a hearing within the designated time allottedlml-q44~}-do~, the cqt~City shall have the right to have the objectionable condition corrected or removed at the expense of the owner. If the c4t-~City has the condition abated and payment is not received within thirty (30) days after the mailing of a notice of assessment for the cost of the work together with all costs of inspection and administration, the e~ity shall have a lien placed against the property for the cost of the work, including inspection and administration costs, plus interest at the rate of eight percent (8%) per annum, pe~ent, plus reasonable attorney's fees, and other costs of collecting the sums, without further hearing by the board or commission. NOTICE OF PUBLIC ~,~JISANCE TO: S:\CA\Ordinances\draft ordinancekChapter 10 - Garbage, Trash and Offensive Conditions.doc 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 the date of this -^';~ tc correct er tc remove ,h .... a;,;~, causing the -"; or re_~Io;'e tt' .... ............ Ait;~,~ at the within ten t'"llTV (~1:;' l:ll-'t%r-NTT(¥~T DC 3, ('~LI (Ord. No. 89-47, § 3, 12-5-89; Ord. No. 02-033, § 1, 8-20-02) S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 (a) (b) Sec. 10-7. Hearing. The owner of the property shall have the right: to file a written petition with the City Mana~zer for a hearine no later than with, in a maximum of ten (10) days o~ the~,~c;"' ~.,~,,~s~, ......... or ,,.~ ~,,~,.,,~'~'~°; ...... ~ .~.~ .............. from the date of the notice of bli p d fo thi h pt n~ ..... ~,, .....;,~ ..... ;,.. ,h~ .;., pu c nuisance rovide r in s c a eh to .............., ~ ..................... ~.~ ~; .......... Manager c ...... The being shall be held before a three-person bo~d composed of the ~City ~Manager, the ~Director of ~,,~uo v ..... Public works Works~ngineer and the ~Code ~Compliance ~,., ...... The he~ng shall be held administratcrAd~nistrator, or their designees. "&:-'~ no later than within ten (10) days after the City Manager receives the petition.~' The issues to be determined at the hearing are whether the conditions do in fact exist: and why the conditions should not be abated by the c4W-City at the expense of the owner, and the time limits for the abatement. The source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner. (Ord. No. 89-47, § 4, 12-5-89; Ord. No. 02-033, § 1, 8-20-02) Sec. 10-8.Abatement by e__City; notice of estimated cost. (a) If.. after a hearing, as provided for in section 10-7, the board determines that the conditions which exist on the property constitute a public nuisance, the owner of the property shall have ...... ~-~;~; ..... , .... ; ..... c ...... ~v~ ,~.. ........... ~,.,~ ..... sx-m-haddiitonal time as the board should deem as appropriate to remove or correct the conditions, after which the e ty ........ ~ .......... ; ................... ar ageats or ............ · ..... ~; .... ~ ~,, ,~ ..: ...... ~,~:.;,.,~.,,;~. shall have the fight to have the conditions abated at the expense of the prope~y owner. If the owner has not h ~ "~;'~;~ ~'~x ~ ....,~ ~u~,,-~ ,:~ th ~City ~ requested a e ng ......... o~.~.~ ..... ~,, ~,j ...................... e , '~:"~ ...... ~ .... shall have the right to have the objectionable condition co~ected or removed at the expense of the owner. If the ~City has the condition abated and payment is not received within thiay (30) days after the mailing of a notice of assessment for the work together with all costs of inspection and ad~nistration, the ~City shall assess the costs have a n~ ~ ..... ~ .... ~" 'h ...... ~'- for cast of the work,~ainst the property, as, provided in this Chapter, including inspection and administration costs, plus interest at the rate of eight percent (8~) per annum percent, plus reasonable attorney's fees, and other costs of collecting (b) ~ ..... r~ ,4 .... pPri by ...... ~, ~ ,~.,jo or to the condition being corrected , · ..... *~' ........ oc the eC__ity, notice shall be delivered or sent by first class mail, postage prepaid, to the owner appmqmgnotifying the owner of the estimated cost of abating ementt, h~ S:\CA\Ordinances\draft ordinancekChapter 10 - Garbage, Trash and Offensive Conditions.doc 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 condition ........~ ............ "-- th, e...t,~"" ;~= shaq ...... ;" ~ ~i"t o'c"~e ' coi ...... by. .................................. prices bid. violat~-/e of t~i'; c~a~ter. (Ord. No. 89-47, ~ 5, 12-5-89) If ' ....... : ....... o ............................................. e ~-ov ....A copy of Sec. 10-~4_9.Assessment of costs, interest, and attorney's fees; lien. As soon ..... as possible after the. abatement...~;oo;~.takes place. ~o'~ ;,.,o c=,.,om]~.~.o,=,~, the c-it4j-City ~Manager shall report to the C~ty .............. Commission the cost of the abatement, S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 including the costs of inspection and administration. Thereafter, the commission City Commission shall_, by resolution~ assess the costs against the subject parcel. This resolution shall describe the property assessed, show the costs_ of the abatement, including costs of inspection and administration, and indicate that the assessment shall bear interest at the rate of eight percent (8%) peme~ per annum plus, if collection proceedings are necessary, that the property owner would be required to pay the cost of the proceedings including a reasonable attorney's fee. This resolution shall become effective thirty (30) days from the date of adoption, and the assessment contained therein shall become due and payable thirty (30) days after the mailing date of the notice of the assessment. In the event that payment has not been received within thirty (30) days after the mailing date of the notice of assessment, the c-i+y City clerk Clerk shall record a certified copy of the resolution in the public records of .Palm Beach County, the coumy, and upon the date and time of recording the certified copy of the resolution, a lien shall become effective on the subject property which shall secure the cost of abatement, including costs of inspection and administration, and collection costs including a reasonable attorney's fee. At the time the c-i~City c-4er~Clerk sends the certified copy of the resolution for recording_, the Clerk shall also notify the prope~xy owner that the City is recordin~ a certified copy of the resolution in the public records of Palm .Beach County.a Date TO: ADDRESS: tc~IW'V t'D,T~ I:)(~V'~T"T'[~]%T l:}l=~ A BY: S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (Ord. No. 89-47, § 8, 12-5-89) Sec. lO--l-glO. Enforcement of assessment. The c4~City may enforce the assessment by either an action at law or foreclosure of the lien provided in section 10-11, which shall be foreclosed in the same manner as mortgages are foreclosed under state law. In either type of action, the city shall be entitled to interest at the rate of eight percent (8%) per annum pememr-from the date of assessment, in addition to collection costs, and reasonable attorney's fees. (Ord. No. 89-47, § 9, 12-5-89) Secs. 10-t-311m10-21. Reserved. ARTIC! JE 1I. REFUSE, GARBAGE AND TRASH* *Editor's note-Ord. No. 82-29, § 1, enacted Sept. 21, 1982, repealed former Art. II, §§ 10- 22--10-39, relative to refuse, garbage and trash, and enacted in lieu thereof a new Art. II, pertaining to the same subject matter. Former Art. H was derived from Code 1958, §§ 13-2-- 13-6, 13-9, 13-11, 13-13, 13-33--13-41, and Ord. No. 80-20, § 1, adopted June 3, 1980. Sec. lO-22.City to collect and dispose of garbage; supervision; regulatory authority. All refuse, garbage~ ami-some-trash of all types, and hcgic',:Itural refusevegetative tra. sh, recycling, qonstruction and demolition material accumulated in the c4~Ci.ty., shall be exclusively collected, conveyed and disposed of by the c-it-y-City under the supervision of the t- ..... we, rks directorDirector of Public Works. The public ..... vo ,4~ ...... Director of Public Works shall have authority to make administrative regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal not otherwise set by the ~City ccmmissicn Commission or the c4t-y-City mmmger--Manager as he shall find necessary, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. (Ord. No. 82-29, § 1, 9-21-82) Sec. 10-23. Definitions. For the purpose of this article, the following words and terms are defined as follows: S:\CA\Ordinances\drafl ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 11 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Additional pickup means a collection of garbage, combustible trash, noncombustible trash:,~. ....... v,,.,~ vegetative trash, or bulk trash required due to the inappropriate container, lack of containerization and/or size or type of material placed out for pickup. Service charges shall be assessed against the customer for additional pickups. Commercial means any public or private places, building and/or enterprise or of business devoted in whole or in part to a business enterprise, whether nonprofit or profit-making in nature, including, but not limited to hotels, motels, restaurants, offices, industries, stores, markets, theaters, hospitals and other institutions locations which hold themselves out to the public as places of business, services or accommodations. Containers or receptacles/ .... ~s- ......... :,;/&,,,s ,~ ~:mi!v : (]) "Noncontalnenzed means the use of a s'anaar tight fitfi g into a sanitation vehicle "roll-out cart" provided by the City for the use of g~bage collection pu~oses. The c~ as defined will be of a special design and construction as to allow for the mechanical or automation of collection of g~bage. (2) "Containerized" or "Dumpster" means a detachable metal container provided by the city designed and intended to be mechanically dumped into a packer~type san/tat/on Solid Waste vehicle and varying in size from two (2) cubic yards to eight (8) cubic yards adaptable to e4t~City equipment. This type receptacle is normally associated with collection service for Commercial or Multifamily developments. (3) "Containerized or Dumpster with wheels" are containers supplied by the occupants, business, or institution who choose to use them inside buildings and roll them to the designated outside location for pickup. This type receptacle is normally associated with multifamily or commercial developments. (4) "Compactor" is a mechanical device to accept garbage, trash, and other types of materials, mechanically press or compact the material into a more dense form, and to be serviced by City trucks designed for such operations. The compactor shall be the property of the business, institution, or customer, and shall not be owned, maintained, or repaired by the City. The City shall service the compactor to the extent of collecting and disposal of the material, and will not be responsible for the mechanical operation, repair, energy to operate, or longevity of the device. The customer shall be responsible for consulting with the City prior to purchasing a compactor to assure the compactor and the City trucks used to service the compactor are compatible. Failure on the part of the customer to conduct such coordination shall not waive the requirement that the compactor is to be serviced by City equipment. The City will bear no responsibility for modifying either the S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 compactor, or its equipment to offer the necessary service. This type receptacle can be associated with commercial, mobile home parks, or institutional type of customers. "Roll-out garbage carts" are specialized garbage carts provided exclusively by the City as a part of the residential garbage collection service. The carts are of a design that would allow the City to mechanically collect the garbage, .or to automate the garbage collection process. (6) "Roll-off containers" are various sized metal containers specially designed for the collection of noncombustible trash, construction, demolition, cleaning, renovation, industrial or garbage wastes, normally associated with construction projects or special events. The containers are provided by the City upon request and qualification of the customer, and shall be serviced by the City exclusively on an as needed basis. Dispose means to deliver to approved landfill or transfer station or other approved disposal method. Director of Public Works means the Director of Public Works and/or the duly authorized agent. Recycling means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. Refuse shall mean any or all of the following: garbage, combustible trash, noncombustible trash, and yard vegetative trash, contaminated yard trash, bulk trash, construction and demolition material, hazardous, industrial waste, infectious waste, and recycling material. Such items are hereby further defined as follows: S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc "Garbage:" Every accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables, and any other matter, of any nature which is subject to decay, putrefaction and generation of noxious or offensive gases or odors, or which, during or after decay may serve as a breeding or feeding material for flies or other germ carrying insects; and any bottles, cans or other containers, except recyclable containers, which due to their ability to retain water, may serve as a breeding place for mosquitoes or other insects. Garbage shall not include human solid waste. Garbage is collected from each residential unit in the City twice a week, and from each commercial establishment as requested by the customer or as required by the Director of Public Works when public safety or appearance is jeopardized. 13 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (2) "Combustible trash:" Accumulations of paper, rags or wooden or paper boxes, sweepings, small appliances, furniture, toys, and other accumulations of a nature other than garbage which are usual to housekeeping and the operation of stores, offices, and other business places up to an accumulation of one cubic yard. Accumulations of ~. eater than one cubic yard of this material will be considered as bulk trash. Combustible trash shall be collected on scheduled pickup days once a week at all residential units throughout the City. (3) (4) (5) (6) (7) "Non-combustible trash:" Materials that are not burnable at ordinary incineration temperatures, such as metals, mineral matter, metal furniture and auto bodies and parts, dirt, bricks, paving and other types of building or demolition materials. The City shall not collect non-combustible trash on a scheduled, routine basis. "Yard trash:" Shall mean vegetative matter resulting from gardening, ~--'-~ .... :~ mare ......................... 6 -,v ......... including accumulation of lawn, grass, shrubbery cuttings, dry leaf rakings, palm fronds, small tree branches not to exceed four (4) inches in diameter or four (4) feet in length. Accumulations of subject material up to two cubic yards shall be considered as ,yard trash". Accumulations in excess of two cubic yards or the material, or shall be considered as bulk trash. Yard trash shall be collected on scheduled pickup days once a week at all residential units throughout the City. All yard trash generated by privately contracted yard services shall be considered as commercial material and shall be disposed of by the private contractor responsible for generation of the material. "Contaminated yard waste:" Shall mean any yard and garden waste pile containing material other than containerized grass or leaves, shrubbery cuttings, or vegetative matter of any type incidental to the care of residential lawns and gardens, including limbs and branches less than four (4) inches in diameter or four (4) feet in length. "Bulk trash:" Shall mean large objects and items, however not necessarily limited to the following: washers, dryers, furniture (including mattresses and springs), rugs, cabinets, wooden boxes, and other types of household items of size and volume less than two cubic yards. Bulk trash shall also include owner generated construction debris less than one (1) cubic yard. Also included shall be trees, tree stumps, and tree limbs less than four (4) inches in diameter and less than four (4) feet in length except for palm fronds, and the accumulation of such yard waste type material lessin excess of than two cubic yards. "Construction and demolition material:" Commonly referred to as C&D debris, shall be any byproduct material from either the construction or demolition or S:\CA\Ordinances[draft ordinanceXChapter 10 - Garbage. Trash and Offensive Conditions.doc remodeling, or repair of any type building, structure, or roadway, or driveway materials. Material would commonly contain, but not be limited to, sand, building materials, rubble, stone, brick, earthwork, paving materials, concrete, blocks, wood, roofing materials or all types, metal, piping, asphalt, dirt, rocks, HVAC 14 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 ducting, heating and air conditioning equipment, plumbing fixtures and the like. This material will not be collected routinely by the City. The customer should contact the Director of Public Works to schedule the removal, or arrange for a roll-off container to be provided but the City. The cost of this service will be in accordance with the type of materials and the cost of associated disposal. (8) "Hazardous material:" Shall be any type material or product whose chemical or biological nature make it dangerous to the human health if disposed improperly, or that could cause harm to the environment. This includes any material which requires special handling due to its acute or chronic effects on air and water quality, on fish, wildlife, or other biota and on the health and welfare of the public, including but not limited to explosives, pathological wastes, radioactive materials, oil based paints, thinners, fluorescent bulbs, auto fluids, pesticides, flares, pool chemicals, sharps or needles, batteries, and acidic, caustic, toxic or highly flammable chemicals. The City will not collect hazardous material on any regular Solid Waste services. Arrangements for the special disposal shall be made by the customer for the proper, safe, and legal disposal of hazardous material by calling the Solid Waste Authority. (9) "Infectious waste:" Is any type of waste material resulting from the operation of medical clinics, hospitals, abattoirs, and .other facilities producing waste which may consist of human and/or parts contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves. The City will not routinely collect infectious waste. Arrangements for special disposal shall be made privately by the customer for the proper, safe, and legal disposal of infectious waste according to standards within the relevant industry. (10) "Recyclable materials:" Shall mean newspaper (including inserts), aluminum, plastic containers, glass bottle and jars. milk and juice cartons, aseptic containers, corrugated cardboard, brown paper bags, mixed paper, tin, and ferrous cans, household dry-cell batteries (no wet-cell batteries) and other type materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require materials would include items that are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Recycled material shall be collected on a scheduled routine basis from each residential unit in the City. Residential dwelling unit means any structure or shelter, house, apartment, building, or any part thereof used or constructed ~for human habitation and shall include bath and culinary accommodations for one or more families. (1) "Single-family Dwelling:" means a residential dwelling unit designed to contain only one (1) family, or any residential dwelling unit, or any number of residential dwelling units receiving Solid Waste service for each individual dwelling unit. S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (2) "Multi-family Dwelling:" means a residential dwelling unit designed to contain more than one family, and received containerized Solid Waste service. Sani:ation supervisorDirector of Public Works means the dir-ecior-Director of ~ Public works Works and his the duly authorized agents of the Director of PuNic Works. Sp pi kup ecial c ~shall be to ~t,~p bli 11 cted ......... t~ ................. ev,~ . o~ ..... ~ .....v .......... ~Ot CO e routine ...... ....... ~,'-o,.o ~v~a ........ ._.~.,.. Special pickups will be coordinated with the resident and the sanitarian o.v ....... D~rector of Public Works as to time, place, date and items to be picked up. Items to be picked up will not be deposited at curbside more th~ 24 hours prior to approval the scheduled af the sanitation supervisar~. All special pickups shall be at additional cost to the resident. An estimate of the cost of the 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 special pickup should be obtained by contacting the office of the Director of Public Works. Special pickups will be made as soon as practicable upon acceptance of the cost estimate by the owner. u/ ............ :~ ..... and includes san ,. .... , ~, · (Ord. No. 82-29, ~ 1, 9-21-82; Ord. No. 92-12, ~ 1, 6-2-92; Ord. No. 94-28, } 1, 9-9-94) Sec. 10-24.Single Family Refuse ........... Collection. Residential x=,x,~,m'~('~ The e_City will collect noncontainerized residential refuse under the following J conditions: (1) S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc Garbage and combustible trash will be collected twice per week at curbside only from each single family residential unit& in the City provided with roll- out garbage carts, onlystandard *~';-~-' * ....... ~' ............ ~,~a t,~,o ...... j .... gallon ~, .... o ............... ~o _~...,;.[.;. ~;.,~ rq~ ~. ^r .... ~'~;'~ The placement of household garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent to the roadway with the expectation of collection shall be strictly ro e. .......................~,, v ..................................... .. . j ~;,,~.,,~ r~<~/ ..... u~-,,~o.~o All material intended for disposal with the roll-out g~bage 16 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 carts shall be placed inside the cart, and the lid of the cart must be closed. All c-oniaitaer~refuse cans and carts shall be aboveground, placed off the street, but within three (3) feet of the curb or edge of pavement and shall be located a minimum of f-g,e4-~three (3) feet from any obstruction that may interfere with routine collection ~.a ........ a ~^...,. ........ ~. ..... a ~,~ o, ...... ~ ~ .... e~, = .......... g .......... o ......~ ............... :o. ~ tras an combustible trash will not be collected with household g~bage, but will be picked up once per week on a scheduled trash pickup day. Y~d trash and combustible trash capable of being containerized should be placed in a stand~d garbage can, roll-out garbage caa, plastic bag, or disposable cont~ner. Yard trash must nat ~e .... :..~ ,.,;mh ..... h~ ~.~ Collection of y~d trash should be piled sep~ately from ail other trash at curbside. Any mixing of household garbage, combustible, noncombustible, or bulk trash with the yard trash shall ~ strictly prohibited. Placing of y~d trash or combustible trash in the paved ~ea of the street or on vacant lots is ...... ~ ............ w~v ..... ~ ..... Material classified as hazardous material will not be collected by the City. Household garbage, trash or any type of other material intended for collection, shall not set out prior to 6:00 PM of the day proceeding the scheduled pickup. (2) All garbage cans provided by the individual customer shall be subject to inspection and approval by the public works director Director of Public Works or ~esignee at all times. A container not approved by the pubt~ v,~r-tfs-dit~-t~/Director of Public Works and which is set out for collection will have a notice placed upon the container, handed to the owner or occupant, or left at his residence and the occupant shall no longer use the container for collection. (4-)(3) Special waterproof disposable refuse bags or any other containers may be used for vegetative materials. When such bags or any other containers are used, the responsibility for protection of either the bag or the container and the contents shall rest with the individuals occupying or residing on the property._ occupants. Rupture of~ or damage to the bag or container~ from any cause which results__mg--in the scattering of refuse prior to the arrival of City collection personnel will obligate the user to reassemble all of the refuse in t ..... .,,,,~ .an undamaged bag or container prior to pickup by the c-it-yCity. S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 17 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 not ~ ...... '~ fron&.) Accumulations of y~d trash shall be stacked in compact piles not to exceed two (2) cubic ~ar~s in volume at curbside within the confines of residents' or owners' side prope~y lines. Deposits of trash shall not obst~ct pedesthan or vehicul~ trifle. The ~C!ty will not collect y~d trash produced fro~ co~emial tree t~ing operations, landscape and lawn maintenance operators. Tree thmmers, or phvately employed tree t6mmers, tree arbohsts, landscape contractors and operators of tree and sh~bberv m~ntenance services shall remove ail trash and debhs from the premises upon which they are working, including but not limited to limbs, tree t~nks, roots, sh~bber~ clippings, and o~her debhs emanating their work. Disposal o~ ~ard trash produced by commercial operations or those paid to conduct such operations shah be sthctl~ prohibited. No trash shall be placed on prope~y owned or occupie~ by others without pe~ssion. Ye ::Refuse_ c-omai-ner~ontainers, cans, ovand carts shall not be kept or maintained upon or adjacent to any street, sidewalk, parkway, front yard, side yard or other place within the view of persons using the ..:t;'o City's streets or sidewalks, except as provided herein. ~ ....... ~' ...... "* '-" ";~ pti to s~c~ cel!ecticn is ma~e. Protection of the containers placed for collection is the responsibility of the resident. I S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (Ord. No. 82-29, § 1, 9-21-82; Ord. No. 92-12, §§ 2--4, 6-2-92; Ord. No. 94- 28, § 2, 9-9-94) (6) Curbside residential recycling service will be given to each residential dwelling unit with the City, once a week. The City shall provide each resident with two (2) recycling bins or carts. One shall be used for the accumulation of plastic containers, glass, aluminum and other allowable co-mingled materials. The other shall be used for newspaper, magazines, glossy paper, office grade paper, and corrugated cardboard. The bins shall be set out on the designated collection day. (7) The responsibility for proper placement and preparation of solid waste materials for collection shall be that of the resident of the dwelling unit. It shall be unlawful for any person, upon vacating or moving from any dwelling, storeroom, or any other building in the City, to fail to remove all garbage, rubbish, and debris from such building and premises, and grounds appurtenant thereto, or to fail to place said waste in an approved sanitary container for disposal in accordance, herewith. Failure of a renter, lessee, and/or tenant to comply with this requirement shall obligate the property owner of record to fulfill the responsibility of compliance with this aArticle. (8) Hazardous wastes, infectious wastes, construction and demolition material, dead animals and any other .prohibited waste shall not be placed in garbage cans, bags, or any other types of containers or placed loose on the ground with the expectation of having the material collected by the City. These materials are not part of Single Family Residential Refuse Collection Service. The resident and/or property owner should contact the Director of Public Works in order to inquire as to the proper disposal method for such materials. Sec. lO-25.Containerized commercial and collection. residential (a) Regulations governing containerized service: (1) Containerized refuse service shall be carded out by the eCity at commercial or multifamily residential establishments in the promotion of improved sanitary conditions for the prevention of health hazard. Containers are supplied by and shall remain the property of the eCity. The aserlandowner is responsible for the protection of containers placed to serve histh__~e premises. The useHandowner shall be liable to the extent of the cost of repairs or replacement of containers when damaged by fire, negligence, vandalism or other forms of abuse. S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 19 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (2) (3) (4) (5) (6) Free dumping access to containers at all times shall be provided by the userlandowner. All containers shall be located so that the collection vehicle driver can dump containers without leaving the vehicle. Customers using garbage chutes or interior storage shall provide containers on rollers which will be the responsibility of the owner or occupant for maintenance. The landowner shall be responsible for placing (rolling) them to the proper position for emptying and in time for emptying. The size or number of containers shall be determined by the volume of refuse to be deposited and will be in direct relationship to the manner in which the user elects to utilize the space provided in said container or containers. Charges shall be assessed on the basis of cubic yards of refuse removed from premises whether manually compacted or loose. At each multifamily site. located adjacent to the dumpsters, or a location approved by the City, the City shall place a minimum of two (2) recycling carts. The carts are for the purpose of collecting recycling materials. The landowner must allow space for the carts adjacent to the dumpsters, and properly accessible by the City trucks for servicing. The residents of the multifamily development shall be encouraged to conduct recycling. The carts will be serviced a minimum of once a week. The placement of materials, garbage, yard trash, or any other material not approved in the definition of recyclable materials shall be strictly prohibited. This service is provided as a part of the garbage collection fee. Commercial, institutional, and any other type activity requiring containerized garbage collection., except for multifamily collection service, are encouraged to access the garbage and trash stream, to determine the benefits of recycling. The City will provide dumpsters, designated for cardboard and paper recycling. The service will be provided for a fee. (Ord. No. 82-29, § 1, 9-21-82) Sec. 10-26. Roll-Off Services. (a) Construction Sites. All construction, renovation, remodeling, and repair sites, requiring a permit from the City for work being conducted, shall be maintained in a clean and sanitary condition at all times. Each construction site shall be provided with solid waste containers adequate in size an sufficient in number to accommodate the accumulation of solid waste during the interval between scheduled removals of solid waste from the project site. The number and type of refuse containers shall be subject to the approval of the Public Works Department. The owner of the property, or the contractor conducti.ng the operations, shall have the right to provide the material removal service with his own containers and S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 (c) (d) (a) (b) (c) equipment. In all other cases, the owner or contractor shall be required to obtain such removal services from the City. The Public Works Department shall determine exclusively whether this service would require the use of roll-off containers, or the service could be adequately provided by some other means. Stop Work. During the construction of any site project the Building Official may at his/her discretion, issue a written order to stop work on a construction project for failure to maintain the construction site in a clean and sanitary condition, or for failing to adhere to the requirement of this chapter. Final Cleanup. Solid waste shall be removed from the construction, renovation, remodeling, or repair site, and the area properly cleaned to the satisfaction of the Director of Public Works within five (5) workdays following the completion and final inspections of the work performed under a permit, and in all instances prior to the issuance of a certificate of occupancy by the Building Department. Roll-off Location. All roll-off containers shall be placed on the customer's property in a location accessible for service. Roll-offs maybe placed in the public right-of-way only if a permit to do so is issued by the Engineering Department. Sec. 10-g627. General ,.~, ......... Regulations. Predeter~nination of refuse storage sites required. Prior to the issuance of a building permit by the c-ii, City ~gilding Building dopattmem-Department for the renovation, modification or erection of a new structure e,t~er than single family d-wegmgs, provisions must be made for the storage and handling of refuse. Such arrangements shall provide free access to containers by mechanized equipment at all times. Acting jointly, the puSlic Public works Works dopavtmem-Department and the c-its,-City ~uilding Building depanmom-Department and the builder-owner- occupant~ as applicable~ shall mutually arrive at a satisfactory arrangement to meet collection requirements. .^.~..~.~ .~;~ ................ · ...., ...~* o......~..~..°"";*~';"" ~........~..o.~'""'~"~° Refuse from containerized residential units will be collected twice a week or as necessary. Such frequency of service shall be determined exclusively by the Director of Public Works to ensure public safety, health, cleanliness and appearance. In the case of the commercial establishment, the customer will be billed for the amount of service required to meet the Solid Waste standards. Duty to record and bill users of ci~' City system. The sanitatie, n ~Director of Public Works shall cause to be kept, an accurate record of all persons using the services and facilities of the said municipal refuse collection and disposal system and make charges in accordance with the rates and charges S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 21 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 herein established. The City may choose to not provide solid waste services because of non-payment. (-e-l(d) [Unlawful deposits.] It shall be unlawful for any person to deposit on, or bury in, or cause to be deposited on or buried in,~ upon any land, vacant or unoccupied premises in the c-it-y-City or upon any occupied property public ..,:.~ ....... ;oo;^. ~ m ........ park square, ......... "'~ .... v ......................... or upon any street, alley, , parkway, or in any canal, waterway, bridge, easement, or other public passageway, or right-of-way, or any storm drain, rock pit and sand pit, pool or lake within the cityCity any noxious, filthy, malodorous or offensive liquid or solid materials, garbage, refuse, or rubbish anywhere within the limits of the City in any vessel or receptacle other than in an approved refuse container which is collected regularly. Nothing in this provision shall prohibit private, backyard, nuisance-free composting practices for home gardening purposes. No person shall bum or cause to be burned any refuse or waste anywhere within the City limits, except as otherwise provided by law. Cross references-Depositing litter in bodies of water, § 15-30; polluting park waters, § 16-26. 69(e) Mulch or compost piles permitted. Horticultural trash and refuse containing no combustible matter, or which will not, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the residential premises upon which the material is accumulated. Bringing material from offsite onto the property for the sake of composting will be prohibited. Composting for commercial purpose, or composting to develop a marketable product shall prohibited except for those cases allowed by commercial enterprise, and properly licensed to conduct such operations. (Ord. No. 82-29, ~ 1, 9-21-82) Editor's note-Subsection 10-26(h), relative to the disposal of construction or industrial wastes, had been deleted as being duplicative of ~ 10-30. S:XCA~Ordinances[~aft ordinanceXCMpter 10 - G~bage, Trash and Offensive Condifions.d~ 22 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 (h) (i) (j) (k) Ownership o£ collection re[hse and waste. (1) Ownership of refuse and waste material shall be vested in the City at the time of collection. (2) It shall be unlawful for any person, not authorized to do so, to open, remove, untie, or to interfere with the orderly and legitimate collection of any refuse container, or to collect, disturb, or scatter refuse stored in containers placed for collection and disposal. It shall be unlawful for any person to scavenge any solid waste within the City. (3) Recycling material to be collected, such as newspaper, newspaper/grade papers, and/or other materials, shall become the property of the City from the time of placement at the curb by the customer, and it shall be a violation of this article for any person, firm, corporation, or partnership other than the City, to tamper with or to take or remove, or to convert to its own use in any way, such material. Each such collection in violation hereof form one (1) or more residences or businesses during such period shall constitute a separate and district offense. Dead Animals. It shall be unlawful to place any dead animal or parts thereof in any solid waste container for collection; however, this section shall not apply to animal parts from food preparation for human consumption. Incinerators. No private incineration units shall be erected or operated within the City from the date of this article except upon approval of the City Commission, and the issuance of the proper permits and licenses from any and all regulating agencies. Landfills. It shall be unlawful for any person to create, use, own, or operate any landfill or dump within the corporate limits of the City. Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, storm drains, canals, lakes, other bodies of water, or any public or private property within the City except as provided herein. Non-Inter[erence. It shall be unlawful for any person to interfere with any employee of the City while in the performance of their duties as authorized by this Ordinance. Sec. 10-~28. Reserved. Editor's note-Provisions designated § 10-27, and enumerating certain violations, have been deleted by the editor as being duplicative of§ 10-31. S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 Sec. 10-;!829. 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. (Ord. No. 82-29, § I, 9-21-82; Ord. No. 94-28, § 3, 9-9-94) Sec. 10-g930.Rates and charges for c4t-y-City service. The rates and charges for refuse collection service provided by the city shall be as follows: [ (a) Commercial containerized, excluding multifamily residential units: (1) Monthly commercial charges shall consist of a total of the following three (3) items: a. Container rental charge-A monthly fiat fee c4aege to cover the I cost of the container by size as follows: 2003/2004 Rates: 2 cu. yd. container 3 cu yd. container 4 cu. yd. container 6 cu. yd. container 8 cu. yd. container __ __ $-1-9¢4020.00 per month $~m1-~425.00 per month $22.2130.00 per month $25.5235.00 per month $~0.00 per month The Public Works Director shall annually adjust these fees based upon changing purchase prices of new containers. ...... ~';- yard as Disposal charge-A fixed disposal charge v ....... c-h-ar-ged-~ set and modified from time to time .by the Palm Beach County Solid Waste Authority. The amount for FY !992 9'4. is ... ~;~ ...... ~¢~ n~ ...... ~; ..... n This price shall be passed on to the customer directly. c. Operating charge-A fixed charge per cubic yard to cover all other labor and equipment hauling expenses and charges of the °~":'~':^~ Solid Waste Departmentl~mdget rate in 2004 will be fixed at $3.00 per cubic y~d and will be S:XCAXOrdinancesX~aft ordin~mXChapter 10 - G~bage, Trash aad Offensive Condifions.d~ 24 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3'7 38 39 40 41 42 43 44 45 46 increased 4% annually thereafter at the beginning of each fiscal year. or as otherwise provided by the City Commission. (2) Partial monthly service will be charged on a prorated basis, based on the rates in subsection (la) above. { (3) Mechanical compressed or compactor refuse shall have the disposal rate computed at a three-to-one (3:1) ratio of the disposal rates set forth in subsection (lb). Containers with compactors shall be furnished by the owner, therefore, no rental cost shall be charged. (b) Noncontainerized commercial service: il~ ~jRefuse picked up from residential type cans at commercial establishments shall have their level of service negotiated by the ?ubl~c Public works Works~'-' v ".a'~'~=~r~e"a'~men~ ..,;,h ...... .~.,.;., ~ ...... ~ ~h~ .~..~ ~..~ (c) Residential rates (noncontainerized): (1) Ten dollars and fifty cents ($10.50) per month for single-family dwellings. (2) Ten dollars and fifty cents ($10.50) per month for each family unit duplex or triplex. (3) Ten dollars and fifty cents ($10.50) per month for each family unit for apartments and condominiums. (4) Trailer parks, ten dollars and fifty cents ($10.50) per month per trailer. (d) Residential rates (containerized, mult(fa~nily): (1) Six Nine dollars ($69.00) per month for each family unit for apartments and condominiums that are served by dumpster containers. (2) Six Nine dollars ($69.00) per trailer in trailer parks. (e) Special pickup: Special pickups of items not normally handled by the weekly garbage, trash or recycling pickup, whether due to the type of waste or the volume of waste, may be scheduled by contacting the public works department and the S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 rate for such pickup shall be established by the director depending on the size and type of removal needed. (f) ......... ~> ...... nRate schedule extra pickup o£ dumpsters at multifamil¥ locations: $3 per cubic yard. (g) Roll-off Rates: Rates for roll-off dumpsters used for construction and demolition debris shall be established and modified from time to time by the Director of Public Works based upon private markets conditions. 1 R p lti g' (Ord. No. 82-29, ~ 1, 9-21-82; Ord. No. 83-36, ~ 1, 10-18-83; Ord. No. 85-55, ~ 1, 11-15-85; Ord. No. 86-36, ~ 2, 10-21-86; Ord. No. 90-36, ~ 1, 9-18-90; Ord. No. 91-63, ~ 1, 9-19-91; Ord. No. 92-49, ~ 1, 10-8-92; Ord. No. 93-33, ~ 1, 2, 9- 21-93; Ord. No. 94-28, ~ 4, 9-9-94) S:XCAXOrdinancesX&afl ordinanceXChapter 10 - G~bage, Trash and Offensive Condifions.d~ 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 Sec. 10-3-~31. Violations and enforcement. It is hereby declared unlawful and a violation of this article for any person to do or permit to be done any of the following acts or practices: (1) To deposit or place in or cause to be deposited or placed in a trash container any materials other than those defined in this article as refuse. (2) To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and in good state of repair, all refuse containers. (3) To use or supply garbage cans and refuse containers other than those defined and provided for in this aA__~icle. [ (4) To collect or permit to be collected by anyone, the garbage from any garbage container other than by persons regularly employed by the city for that purpose unless specifically authorized by the eCity eCommission. (Ord. No. 82-29, § 1, 9-21-82) It shall be unlawful for any person to fail, negl~t, or refuse to comply with and abide by each provision of this C-J,,ap~. Article. These performance on each day of any prohibited act or practice shall constitute a separate offense, and shall be punishable as such. Secs. 10--3-231--10-49. Reserved. ARTICLE HI. ABANDONED PROPERTY* *Editor's note-Ord. No. 87-2, §§ 1, 2, adopted Feb. 3, 1987, repealed former Art. III, Abandoned, wrecked or junked vehicles, being §§ 10-50---10-56, as derived from the 1959 S :\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 27 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Code, §§ 29-5--29-8, and enacted in lieu thereof new provisions designated herein as Art. III, §§ 10-50--10-54. Sec. 10-50. Definitions. For the purposes of this a_.Article, the following words and phrases shall have the meaning set forth herein. According to context, words used in the present tense include the future, singular words include the plural, plural words include the singular, and masculine words shall include the feminine gender. Abandoned property means all tangible personal property which does not have an identifiable owner and which has been disposed on public property in a wrecked, inoperative, or partially dismantled condition or which has no apparent intrinsic value to the rightful owner. However, vessels determined to be derelict by the Department of Natural Resources in accordance with the provisions of Section 823.11, Florida Statutes, shall not be included in this definition. Antique motor vehicle is any motor vehicle of thirty-five (35) years or more which is registered with the State of Florida, pursuant to Florida Statutes, Section 320.086. CiG' is the City of Boynton Beach, Florida. Enforcement officer means those employees or other agents of the c-it-y-City designated by ordinance, or duly authorized and appointed by the c-ivy-City mamag~Manager, whose duty it is to enforce cAW-City c-odesCodes. This definition shall include, but not be limited to, law enforcement and code compliance officers. Inoperable motor vehicles. A motor vehicle shall be deemed inoperable and/or abandoned if a valid and current motor vehicle license is not affixed thereto in excess of thirty (30) calendar days; provided however, that this shall not apply to motor vehicles located on private property owned or leased by automobile dealers, new or used, possessing a current, valid, occupation license; nor shall this definition apply to any antique or collector vehicle which is registered with the State of Florida, pursuant to Florida Statutes, Section 320.086. Law enforcement officer means any full-time police officer employed by the e-i+y~Eity. Lost property means all tangible personal property which does not have an identifiable owner and which has been mislaid on public property, upon a public conveyance, on premises used at the time for business purposes, or in parks, places of amusement, public recreation areas, or other places open to the public in a substantially operable, functioning condition or which has an apparent intrinsic value to the rightful owner. S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 28 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Motor vehicle is a vehicle or conveyance which is self-propelled and designed to travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds, motorcycles, trucks, tractors, go-carts, golf carts, campers, motorhomes and trailers. Private property is any real property within the city City which is privately owned and { which is not defined as public property herein. Public proper~ means lands and improvements owned by the federal government, the State of Florida, a county or a municipality and includes sovereignty submerged lands located adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way, and other similar property. Wrecked motor vehicle is any motor vehicle the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its own power on a public street, or from which the wheels, engine, transmission or any substantial part thereof has been removed. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 87-29, § 1, 9-15-87) Sec. 10-51.Abandoned or lost property on public property, procedure. (a) Whenever a law enforcement officer of the c-4tff-City ascertains that an article of lost or abandoned property is present on public property and is of such nature that it can be easily removed, the officer shall take such article into custody and shall make a reasonable attempt to ascertain the rightful owner or lienholder pursuant to the provisions of this section. (b) Whenever a law enforcement officer ascertains that an article of lost or abandoned property is present on public property and is of such nature that it cannot be easily removed, the officer shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO T!ETHE OWNER AND Al J. PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location) and must be removed within 5 days, otherwise, it will be removed and disposed of pursuant to Chapter 705, Florida Statutes. The owner will be liable for the costs of removal, storage, and publication of notice. Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address and telephone number of law enforcement officer). Such notice shall be not less than seven (7) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the law enforcement officer shall make a reasonable effort to ascertain the name and address of the owner. If such is reasonably available to the officer, he shall mail a copy of such notice to the owner on or before the date of posting. If the property is a motor vehicle as defined in Section S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 29 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 320.01(1), Florida Statutes, or a vessel as defined in Section 327.02(27), Florida Statutes, the law enforcement agency shall contact the Department of Highway Safety and Motor Vehicles or the Department of Natural Resources, respectively, in order to determine the name and address of the owner and any person who has filed a lien on the vehicle or vessel as provided in Section 319.27(2) or (3) or Section 328.15(1), Florida Statutes. On receipt of this information, the law enforcement agency shall mail a copy of the notice by certified mail, return receipt requested, to the owner and to the lienholder, if any. If, at the end of five (5) days after posting the notice and mailing such notice, if required, the owner or any person interested in the lost or abandoned article or articles described has not removed the article or articles from public property or shown reasonable cause for failure to do so, the following shall apply: (1) For abandoned property, the,,.,~ ....... ,..,,.,,,,.,.,,...,,,v ........ , -~,-,,-%, ......... t-,it,,,_..~s may retain any or all of the property for its own use or for use by the state or unit of local government, trade such property to another unit of local government or state agency, donate the property to a charitable organization, sell the property, or notify the appropriate refuse removal service. (2) For lost property, the officer shall take custody and the agora. City shall retain the property for ninety (90) days and publish notice of the ag6mc-yCity's intended disposition of the property. If the City. agemvy¢lects to retain the property for its own use. ~ '-*~ ............. donate the property to a charitable organization, surrender such property to the finder, sell the property~ or trade the property to another unit of local government of state agency, notice of such election shall be given by an advertisement published once a week for two (2) consecutive weeks in a newspaper of general circulation in the-eoumy' · "~ ...... ~ ................... foundPalm Beach County b. If the ager~jCity elects to sell the property, it must do so at public sale by competitive bidding. Notice of the time and place of the sale shall be given by an advertisement of the sale published once a week for two (2) consecutive weeks in a newspaper of general circulation in Palm Beach ty "~' ...... ' ..... ~' .... '~' ..... ~ ;., ,.~ r.~ .~.~ Th d Coun. ....~....,,~.~ ............ ..~,,. : ............ e notice shall inclu e a statement that the sale shall be subject to any and all liens. The sale must be held at the nearest suitable place to that where the lost or abandoned property is held or stored. The advertisement must include a description of the goods and the time and place of the sale. The sale may take place no earlier than ten (10) days after the final publication.~ Notice of the ~City's intended disposition shall describe the prope~y in a manner reasonably adequate to pe~it the rightful owner of the propeay to identify it. S:XCAXOrdinancesX~aft ordin~ceXChapter 10 - G~bage, Trash and Offensive Condifions.d~ 30 ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 If the property is sold at public sale pursuant to subparagraph 10- 51(b)(2)b, the '~age,ae-y'City shall deduct from the proceeds the cost of transportation, storage, and publication of notice, and any balance of proceeds shall be deposited into an interest-bearing account not later than thirty (30) days after the date of the sale and held there for one (1) year. The ~City shall provide a bill of sale clearly stating that the sale is subject to any and all liens. The rightful owner of the property may claim the balance of the proceeds within one (1) year from the date of the above stated deposit by making application to the City. agency. If no rightful owner comes forward with a claim to the property within the designated year, the balance of the proceeds shall be deposited into the state school fund. The owner of any abandoned or lost property who, after notice as provided in this section, does not remove such property within the specified period shall be liable to the l ...... c .......... ~ ......... r~it,~ for all costs of removal, storage, and destruction of such property, less any salvage value obtained by disposal of the property. Upon final disposition of the property, the law enforcement officer shall notify the owner, if known, of the amount owed. In the case of an abandoned boat or motor vehicle, any person who neglects or refuses to pay such amount is not entitled to be issued a certificate of registration for such boat or motor vehicle, or any other boat or motor vehicle, until such costs have been paid. The law enf'~rccment ,,r~';.,.~..r'i,,,,,, ,,,.,, ,~L~ shall supply the Department of Natural Resources with a list of persons whose boat registration privileges have been revoked under this subsection and the Department of Motor Vehicles with a list of persons whose motor vehicle privileges have been revoked. Neither department nor any other person acting as agent thereof shall issue a certificate of registration to a person whose boat or motor vehicle registration privileges have been revoked, as provided by this subsection, until such costs have been paid. Whoever opposes, obstructs, or resists any law enforcement officer or any person authorized by the law enforcement officer in the discharge of his duties as provided in this section upon conviction is guilty of a misdemeanor of the second degree, punishable as provided in Section 755.083, Florida Statutes, as may be amended from time to time. Any law enforcement officer or any person authorized by-the law enforcement officer is immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section. g. The rightful owner shall be liable for the !aw enf-zrccment agencyC~tys costs for transportation and storage of lost or abandoned property and the &\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 ~City's cost for publication of notice of disposition of lost property. If the rightful owner does not pay such costs within thirty (30) days of making claim to the property, title to the property shall vest in the .City. ~w enforceme:~,t agency. (Ord. No. 87-2, § 2, 2-3°87; Ord. No. 87-29, §§ 2, 3, 9-15-87) Sec. 10-52.Storing, parking, or leaving wrecked or inoperable motor vehicles on private properly prohibited and declared a nuisance; exceptions. (a) No person shall park, store, leave or permit the parking, storing or leaving of any abandoned property or wrecked or inoperable motor vehicle of any kind, whether attended or not, upon any private property within the cityCity, except that, with respect to an inoperable motor vehicle, such vehicle may be parked, stored, or left on said property for a period of time not to exceed seventy- two (72) hours. The presence of such vehicles, or parts thereof, on private property is hereby declared a public nuisance which may be abated in accordance with provisions of this article. (b) This section shall not apply to: (1) Any motor vehicle which is completely enclosed within a building, or unless it is held in connection with a business enterprise lawfully licensed by the c-C_ity for the servicing and repair of such vehicles and properly operated in an appropriate business zone pursuant to the zoning ordinances of the e_City; (2) Nor shall this section apply to any antique or collector vehicle which is registered with the State of Florida, pursuant to Florida Statutes, Section 320.086. However, no more than two (2) antique motor vehicles may be retained by the same owner for collection purposes unless they are appropriately stored. (c) Whenever the enforcement officer of the c4t-y-City shall ascertain that an article or articles of abandoned property are present on private property within the limits of the City of Boynton Beach in violation of the provisions of this article, the enforcement officer shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is in violation of (setting forth ordinance or regulation violated) and must be removed within ten (10) days from the date of this notice unless a hearing has been demanded in accordance with the terms of Chapter 10, Article I, Boynton Beach Code of Ordinances within ten (10) days of the date of this notice; otherwise, it shall be presumed to be abandoned property and will be removed and destroyed by order of S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 the City of Boynton Beach and the owner will be liable for the costs of removal and destruction. Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address, telephone number of enforcement officer). Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of ten (10) days. In addition to posting the notice, on or before the date of posting the enforcement officer shall mail a copy of the net/ce Notice to the ewner Owner of the real property upon which the abandoned articles are located, as shown by the real estate tax records used by the City of Boynton Beach, and if the abandoned property is a motor vehicle or boat, shall make a reasonable effort to ascertain the name and address of the owner and shall mail a copy of a notice to such owner. The notice shall also advise the person to whom the notices are applicable that they have seven (7) days from the date of posting and/or mailing of the notice to correct the condition or file a written petition vox-with the c4~.City manager Manager or his the designee for a hearing as provided in Section 10-7 of the City's Code of Ordinances, before a three ..... -- ........ v .......Gem ante ..................................... -whmh ~heahng shall be held no later than ~ ........ ten (10) days ~afler the date the petition is received by the ~City managerManager. (d) Procedures: (1) Hearing. The issues to be determined at the said heating are whether the conditions creating a nuisance, do in fact exist; why the conditions should not be abated by the c-i+y-City at the expense of the owner; the time limits for such abatement. The source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner. If after a heating the board determines that the conditions which exist on the property constitute a public nuisance, the owner or owners of the property shall have a,qno more than additional-seven (7) days. from the date of the heating to correct or remove the conditions~ after whichsuch time, the c-it-y ?ity shall have the right to have the conditions abated at the expense of the property owner. (2) Removal. If the owner or other interested person has not requested a hearing within seven (7) days, the c4ty~., ity shall have the right to have the objectionable condition corrected or removed at the expense of the owner. If the c-i+~City has the condition abated and payment for the City's abatement costs is not received within thirty (30) days after the filing of a notice of assessment for the cost of such work together with all costs of inspection and administration, the c4t-y-City shall have a lien placed against the property for the cost of the work, including inspection and administration cost, plus interest at the rate of eight percent (8%) per annum. 'cent, plus reasonable attorney fees and other costs of collecting said sums without further heating. If, at the end of ~-,~ r~n, .... ~ ~,,~_seven (7) days S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage. Trash and Offensive Conditions.doc33 5 6 7 8 9 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 after posting or mailing such notice, the owner or any person interested in the abandoned article or articles describing such notice has not removed the article or articles and complied with the ordinance or regulations cited in the ~Notice, the enforcement officer may cause the article or articles of abandoned property to be removed or destroyed. The salvage value, if any, of such article or articles shall be retained by the local government to be applied against the cost of removal and destruction thereof, unless the cost of removal and destruction are paid by the owner as provided in Section 10-54. The owner of any abandoned motor vehicle or the owner of the real property upon which the vehicles or other abandoned property is located, who after notice is provided in this article, does not remove the vehicle or other property within the specified period then they shall be liable to the City of Boynton Beach for all costs of removal and destruction of such property, less any salvage value received by the local government. Upon such removal and destruction, the local government officer shall notify the owner of the amount owed and of the penalty provision of the section. (3) Notification of removal to owner and other interested parties. The enforcement officer, after taking possession of any motor vehicle pursuant to this article, shall furnish notice in accordance with this section by certified mail (return receipt requested) to the last known registered owner of the motor vehicle at his last known address within fifteen (15) days of the date of which possession of the motor vehicle is taken, with a copy of the notice to the owner or occupant of the property from which the vehicle is taken. The enforcement officer shall also contact the Department of Motor Vehicles, State of Florida, and such other agencies and departments of government in this and other states as are reasonably necessary to ascertain the names and addresses of other persons with record interests in the motor vehicle, including lien holders. Such other persons shall be given notice in the same manner as stated in the previous section. Notice under this section shall contain the following information: a. Year, make, model, and serial number of the motor vehicle. b. The name and address of the last known registered owner of the motor vehicle, if available. c. The vehicle registration number and the title registration number of the motor vehicle if available. d. The date on which the motor vehicle was removed. S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 34 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 e. The location from which the motor vehicle was removed. f. The location in which the motor vehicle is being stored or in the alternative a number to contact. The notice shall also advise the persons to whom it is given that the person who is entitled to possession of the motor vehicle may reclaim it upon payment to the eCity of all charges incurred by the eCity and the removal and storage of the motor vehicle, except that if such reclamation is not made within twenty (20) days after date of the notice, the right to reclaim the motor vehicle as well as all right, title and interest of said person in the vehicle, shall be deemed to be waived and that such person shall be deemed to have consented to the disposition of the motor vehicle by the c--it-yCity. If the c4~City is unable to identify properly the last registered owner of any motor vehicle or if unable to obtain with reasonable certainty the names and addresses of the owner or other interested parties, including lienholders, it shall be sufficient notice under this section to publish the notice once in one newspaper of general circulation in the City of Boynton Beach. Such notice by publication may contain multiple listings of motor vehicles. A copy of any notice required in this section, as well as a copy of any certificate of sale issue hereunder by the e_City or its designee shall be forwarded to the Division of Motor Vehicles, State of Florida. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 02-033, § 1, 8-20-02) Sec. 10-53. Nuisance abatement bid procedure. The services entailed in carrying out the abatement of nuisances under this aA.__~icle may be performed by the e_City or be performed by an independent contractor retained by the City pursuant to the City's procurement policies and procedures. ~;..,,. c,;,.,, ........ ,, ...... ,; ..... (O § 87) ,.,j ................. v ......... _ rd. No. 87-2.. 2, 2-3- COSt SACAXOrdinancesX~afl ordin~ceXChapter 10 - G~bage, Trash ~d Offensive Condifions.d~ 35 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOTICE OF ~ TO: ADDRESS: You ........... .~ ,~ ............ .... of k,= k ..... k. S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ARTICLE IV. RESERVED* *Editor's note-Ord. No. 90-16, §§ 1, 2, adopted July 3, 1990, abolished the nuisance abatement board and repealed Ord. No. 90-2; hence, Art. IV, pertaining to such subject matter has been deleted. Prior to deletion, Art. IV, §§ 10-55--10-61, derived from Ord. No. 87-39, § 1, adopted Oct. 20, 1987; as amended by Ord. No. 90-2, §§ 1 4, adopted Jan. 16, 1990. Secs. 10-55--10-61. Reserved. S:\CA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 37