19-040 ORDINANCE NO. 19-040
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING CHAPTER 10 OF THE CITY'S
• CODE OF ORDINANCES, "GARBAGE, TRASH AND
OFFENSIVE CONDITIONS," ARTICLE II, "REFUSE,
GARBAGE AND TRASH", SECTION 10-23,
"DEFINITIONS" AND SECTION 10-24, "SINGLE
• FAMILY RESIDENTIAL REFUSE COLLECTION"
11 CLARIFYING MANDATORY SERVICE CHARGE TO
1 CURTAIL ILLEGAL DUMPING; PROVIDING FOR
1 CONFLICTS, SEVERABILITY, CODIFICATION AND
1 AN EFFECTIVE DATE.
1
1• WHEREAS, illegal dumping and early setout of bulk trash and vegetation prior to
1: scheduled pickup day have become a chronic issue for the City and the Solid Waste division;
1 and
1: WHEREAS, in an effort to curtail illegal dumping, staff is proposing the changes to
1. improve the appearance of the City as well as the efficiency of daily operations; and
21 WHEREAS, the City Commission finds the adoption of the proposed ordinance is
2 in the best interest of the health, safety, and welfare of the citizens and residents of the City
2. of Boynton Beach.
2 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
2, COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
2' Section 1. Each "Whereas" clause set forth above is true and correct and
2: incorporated herein by this reference.
2 Section 2. Chapter 10, Garbage, Trash and Offensive Conditions, Article II,
2: Refuse, Garbage and Trash, Section 10-23 is amended as follows:
2' ARTICLE II. REFUSE, GARBAGE AND TRASH*
3I
3 Sec. 10-23. Definitions.
3
3 Mandatory Service Charge means an automatic fifty dollar($50.00) service
3- charge,. which will be assessed for any bulk trash/vegetation that is placed for pickup
3 on the wrong day.
34
1
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3 Special pickup, and costs referenced herein, shall apply when residential solid
3: waste, exclusive of construction debris, greater than six (6) cubic yards must be
3' collected and disposed of separate from other provisions of this Article. Special
41 pickups will be coordinated with the resident and a Solid Waste Supervisor as to
4 time, place, date, and items to be picked up. Items to be picked up will not be
4. deposited at the curbside more than twenty-four(24) hours prior to the scheduled
4 special pickup. All special pickups shall be at additional cost to the resident. An
4, estimate of the cost of the special pickup should be obtained by contacting the office
4• of the Director of Public Works. Special pickups will be made as soon as practicable
4: upon acceptance of the cost estimate by the owner. The minimum fee for this
4 service is seventy five dollars ($75.00).
4:
4' Section 3. Chapter 10, Garbage, Trash and Offensive Conditions, Article II,
5: Refuse, Garbage and Trash, Section 10-24 is amended as follows:
5 Sec. 10-24. Single family residential refuse collection.
5.
5 (a) The City will collect non:containerized residential refuse under the following
5' conditions:
5' (1) Garbage will be collected twice per week at curbside only from each single
5: family residential unit in the City provided with roll-out garbage carts. The
5 placement of household garbage in a loose and uncontained manner on the roadside,
5: swale or other locations adjacent to the roadway with the expectation of collection
5' shall be strictly prohibited. There will be an automatic mandatory service charge for
61 loose household bulk trash not bagged or processedwhich will require cleanup after
6 the pile has been serviced. All material intended for disposal with the roll-out
6. garbage carts shall be placed inside the cart, and the lid of the cart must be closed.
6 All refuse cans and carts shall be aboveground, placed off the street, but within three
6, (3) feet of the curb or edge of pavement and shall be located a minimum of three (3)
6' feet from any obstruction that may interfere with routine collection. Yard trash and
6 combustible trash will not be collected with household garbage, but will be picked
6 up once per week on a scheduled trash pickup day. Yard trash and combustible trash
6: capable of being containerized should be placed in a standard garbage can, roll-out
6' garbage cart,plastic bag, or disposable container, only yard waste generated by
7 n residential property will be eligible for collection. Collection of yard trash should be
7 piled separately from all other trash at curbside. Any mixing of household garbage,
7. combustible, noncombustible, or bulk trash with the yard trash shall be strictly
7 prohibited. Materials classified as hazardous material will not be collected by the
7, City. Household garbage, trash or any type of other material intended for collection,
7 shall not be set out prior to the day proceeding the scheduled pickup. Placing of bulk
7:. trash/vegetation on vacant lots is strictly prohibited. Bulk trash'vegetation shall not
7 exceed 3 (three) cubic yard and must be properly processed and placed away from
7:. obstacles such as cars. garbage carts, overhead wires, and low-hanging trees.
8() (2) All garbage cans provided by the individual customer shall be subject to
2
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8 inspection and approval by the Director of Public Works or designee at all times. A
8. container not approved by the Director of Public Works and which is set out for
8 collection will have a notice placed upon the container, handed to the owner or
84 occupant, or left at his residence and the occupant shall no longer use the container
85 for collection.
8:
8 (3) Special waterproof disposable refuse bags or any other containers may be
8: used for vegetative materials. When such bags or any other containers are used,the
8' responsibility for protection of either the bag or the container and the contents shall
9 i rest with the individuals occupying or residing on the property. Rupture of, or
9 damage to the bag or container, from any cause which results in the scattering of
9. refuse prior to the arrival of City collection personnel will obligate the user to
9 reassemble all of the refuse in an undamaged bag or container prior to pickup by the
9, City.
9'
9; (4) No yard trash shall be placed on property owned or occupied by others
9 without permission.
9:
9' (5) Refuse containers, cans, and carts shall not be kept or maintained upon or
101 adjacent to any street, sidewalk, parkway, front yard, side yard or other place within
10 the view of persons using any street or sidewalk located within the City, except as
10. provided herein. Protection of the containers placed for collection is the
10 responsibility of the resident.
10,
10. (6) Curbside residential recycling service will be given to each residential
10; dwelling unit with the City, once a week. The City shall provide each resident with
10 two (2)recycling bins or carts. One shall be used for the accumulation of plastic
10: containers, glass, aluminum and other allowable co-mingled materials. The other
10' shall be used for newspaper, magazines, glossy paper, office grade paper, and
11; corrugated cardboard. The bins shall be set out on the designated collection day.
11
11 (7) Where the resident of a dwelling unit is physically unable to deliver
11 residential solid waste to curbside the resident can complete an application for
11- request for reasonable accommodation. The Public Works Director or his or her
11. designee shall review the request and make a determination on the request for
11: reasonable accommodation based upon a finding that the proposed accommodation
11 is reasonable, and the applicant is an individual with a disability as defined in 42
11: U.S.C. § 12102 of the Americans with Disabilities Act. The applicant will be notified
11' in writing of the decision on the request for reasonable accommodation. Regardless
12; of any accommodation made pursuant to the facts described in this paragraph,
12 vegetative waste must continue to be placed at curbside.
12
12 (8) Hazardous wastes, infectious wastes, construction and demolition material,
12, dead animals and any other prohibited waste shall not be placed in garbage cans,
12' bags, or any other types of containers or placed loose on the ground with the
12: expectation of having the material collected by the City. These materials are not part
3
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12 of Single Family Residential Refuse Collection Service. The resident and/or property
12: owner should contact the Director of Public Works in order to inquire-as to the
12' proper disposal method for such materials.
131
13 (9) Mandatory Service Charge:
13.
13 The mandatory service charge is set forth to prevent the unlawful disposal of
13, bulk trash/vegetation material, at the curbside on the wrong service da
13'
13 Immediately upon observance of this condition, the Public Works Director shall
13 cause the pile to be removed and the mandatory service charge will be assessed.
13:
13' The utilities account holder and/or property owner will be rt vons1ble Forth _...
141 payment of mandatory service charge, which will be automatically added to the
14 water bill.
14
14
14, Section 4. Each and every other provision of Chapter 10, not herein specifically
14' amended shall remain in full force and effect as previously enacted.
14; Section 5. All ordinances or parts of ordinances in conflict herewith be and the
14 same are hereby repealed.
14: Section 6. Should any section or provision of this ordinance or portion hereof,any
14' paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
151' such decision shall not affect the remainder of this ordinance.
15 Section 7. Authority is hereby granted to codify said ordinance.
15. Section 8. This ordinance shall become effective immediately upon its passage
15 and adoption.
15, FIRST READING this 5day of !v ov-ery ,e-, 2019.
15'
15;
4
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157 SECOND, FINAL READING AND PASSAGE this 3 day of
158 pp ,. \ e€- , 2019.
159
160 CITY OF BOYNTON BEACH, FLORIDA
16:
162 YES NO
163
164 Mayor—Steven B. Grant ✓
165 ✓
166 Vice Mayor—Justin Katz
167
168 Commissioner—Mack McCray '.V
169
170 Commissioner—Christina L. Romelus ✓
17.
172 Commissioner—Ty Penserga
173
174
17N VOTE �'0
176
177 ATTEST:
17
179
18044/74%
IBJ -7/01—
18: C tal Gibson, MMC
182 City Clerk
183
184
18S
1186 (Corporate Seal)
0'1Y Op
tt
'41 , -- c
5
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EXHIBIT"A,: I Formatted:Font 14 pt,Not Bold,Font color.Text 1
Sec. 10-23. Definitions. (Formatted:Font 16 pt
Mandatory Service Charge means an automatic fifty dollar($50.00)
service charge,,which will be assessed for any bulk trash/vegetation that Formatted:Font 16 pt
is placed for pickup on the wrong day.
Special pickup, and costs referenced herein, shall apply when
residential solid waste, exclusive of construction debris, greater than six
(6) cubic yards must be collected and disposed of separate from other
provisions of this Article. Special pickups will be coordinated with the
resident and a Solid Waste Supervisor as to time, place, date, and items
to be picked up. Items to be picked up will not be deposited at the
curbside more than twenty-four(24) hours prior to the scheduled special
pickup. All special pickups shall be at additional cost to the resident. An
estimate of the cost of the 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. -- -. - . _ . __ _ -• - .'_ • - . -- '. - -- - ... .
Sec. 10-24. Single family residential refuse collection.
(a) The City will collect non:containerized residential refuse under the
following conditions:
(1) Garbage will be collected twice per week at curbside only from
each single family residential unit in the City provided with roll-out garbage
carts. 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 prohibited. There will be
an automatic mandatory service charge for loose household bulk trash not
bagged or processed which will require cleanup after the pile has been
serviced. All material intended for disposal with the roll-out garbage carts Formatted:Font 16pt
shall be placed inside the cart, and the lid of the cart must be closed. All
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 three (3)feet from any obstruction that may interfere with
routine collection. Yard trash and combustible trash will not be collected
with household garbage, but will be picked up once per week on a
scheduled trash pickup day. Yard trash and combustible trash capable of
magazines, glossy paper, office grade paper, and corrugated cardboard.
The bins shall be set out on the designated collection day.
(7) Where the resident of a dwelling unit is physically unable to
deliver residential solid waste to curbside the resident can complete an
application for request for reasonable accommodation. The Public Works
Director or his or her designee shall review the request and make a
determination on the request for reasonable accommodation based upon
a finding that the proposed accommodation is reasonable, and the
applicant is an individual with a disability as defined in 42 U.S.C. § 12102
of the Americans with Disabilities Act. The applicant will be notified in
writing of the decision on the request for reasonable accommodation.
Regardless of any accommodation made pursuant to the facts described
in this paragraph, vegetative waste must continue to be placed at
curbside.
(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.
(9) Mandatory Service Charge: Formatted:Indent Left 0.31'
The mandatory service charge is set forth to prevent the unlawful - Formatted:Indent First line: 0.31'
disposal of bulk trash/vegetation,material, at the curbside on the wrong Formatted:Font:16 pt
service day.
Immediately upon observance of this condition, the Public Works
Director shall cause the pile to be removed and the mandatory service
Formatted:Font:16 pt
charge will be assessed.
{Formatted:Font.16 pt
{Formatted:Font:16 pt
The utilities account holder and/or property owner will be responsible -
Formatted:Font(Default)Arial,16 pt
for the payment of mandatory service charge,, which will be automatically }Formatted:Font:(Default)Arial,16pt
added to the water bill - i Formatted:Font(Default)Arial,16 pt
Formatted:Font(Default)Arial,16 pt
fFormatted:Font:16 pt
Formatted:Font(Default)Arial,16 pt
fFormatted:Font 16 pt
Formatted:Indent First line: 031'