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revenue, as well as identifying outdated provisions within the Solid Waste Code that make it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modification, as well as by deletion of outdated material and clarification of sections of the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same are hereby repealed.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