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ORDINANCE NO. 3562-84
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SECTION 54.21, APPLICATION, AND SECTION
54.25, TERMINATION AND RENEWAL; RESTRICTIONS ON
ISSUANCE OR RENEWAL, OF ARTICLE II, PERMIT FOR
ROLL-OFF CONTAINER SERVICES, OF CHAPTER 54, SOLID
WASTE MANAGEMENT AND WEED CONTROL, OF TITLE V,
UTILITIES, OF THE CODE OF ORDINANCES, CITY OF
CLEARWATER, FLORIDA, TO.REQUIRE DISCLOSURE OF SUPER-
VISORY AND MANAGEMENT EMPLOYEES AND TO REQUIRE THEM
TO SUBMIT TO A BACKGROUND INVESTIGATION; TO PROVIDE
AUTHORITY FOR SUPERINTENDENT OF SANITATION TO
TERMINATE AND THE PROCEDURE THEREOF; PROVIDING FOR
THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR THE SEPARABILITY
OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER
NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR
THE EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF CLEARWAER, FLORIDA:
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Section 1. That Section 54.21, Application, of Article II,
Permit for Roll-Off Container Services, of Chapter 54, Solid Waste
Management and Weed Control, of Title V, Utilities, of the Code of
Ordinances, City of Clearwater, be and the same is hereby amended
and supplemented to add a new paragraph 6 and re-number the succeeding
paragraphs, as follows:
Sec.-54.21. Application.
Every person required to procure the permit provided
for in section 54.20 shall submit an application for
such permit to the superintendent of sanitation. The
application shall:
(1) Be a written statement upon forms provided by the
city (such application form shall include an affidavit
to be sworn to by the applicant before a notary
public of the state);
(2) Require the disclosure of all information necessary
in compliance with this chapter;
(3) Be accompanied by the full amount of the fee
chargeable for such permit; the permit fee shall
be five dollars ($5.00);
(4) Be submitted to the city manager by the superintendent
of sanitation together with all pertinent information
required in this chapter, in order that a determination
can be made by the city commission;
(5) Contain a complete record of all arrests and con-
victions against the applicant and every partner,
officer or director of the applicant for violations
of any and all laws and ordinances of the city, state
or federal government;
(6) Name of em to ee(s) responsible for o eration
of applicant's business meaning those who will
manage, administrate and supervise the business
under the permit when issued including the amount
of experience possessed b each such employee. If
such employee is other than a partner or director
of the a 1 cant then each such employee must
complete a City al ce de artment background
•: ord. 3562-84 _?_ 6-7-84
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information report, executed under oath
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(7) f 0 Contain the following additional information:
a. Number, type and size of waste collection
vehicles to be used;
b. The number of employees to be assigned to each
waste collection vehicle;
C. The name and loction of commercial and industrial
establishments where roll-off containers are to
be placed and serviced.
Section 2. That Section 54.25, Termination and renewal;
restrictions on issuance or renewal, of Article III, Permit for
Roll-Off Container Services, of Chapter 54, Solid Waste Management
and Weed Control, of Title V, Utilities, of the Code of Ordinances,
City of Clearwater, be and the same is hereby amended to read as
follows:
Sec. 54.25. Termination, denial and renewal;
restrictions on issuance or renewal.
(a) All annual permits under this article shall terminate
on the last day of the fiscal year of the city; or at
such time as the city acquires the ability to collect,
remove and dispose of all accumulations.
(b) Each permit holder shall make a written application for
renewal on forms provided by the superintendent of
sanitation on or before October first of each calendar
year, which application shall contain substantially the
same information as the initial application and shall be
accompanied by the required fee.
(c) Applications for renewal shall be processed in the
same manner as an initial application.
(d)
No permits required by this article,shall be renewed,
including those outstanding October 1; 1981, and no
such permit shall be issued to any person unless the
superintendent of sanitation determines that the city is
unable to collect, remove or dispose of certain garbage,,
rubbish and other accumulations. In such case, he then
shall submit his written findings to accompany the appli-
cations and.such findings shall be considered in this
issuance or renewal process.
Such ermit ' ma be terminated .,or denie ?;b, i)the-..superintendent of
sanitation but only after the procedure set out in
Section 71,12 (9) of the Clearwater Code of ordinances
has-been followed.
(f) 4e}' The granting or 'renewal of a permit pursuant to this
artcle,shall not be construed as a grant of a franchise
or of'vested rights.
Section 3'. should any part or provision of this ordinance be
'declared by a court'of competent jurisdiction to be invalid, the
same shall not affect the validity of the ordinance as.a whole,
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, or.any.part thereof other than the part declared to be invalid.
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Section 4. All ordinances or parts of ordinances in conflict
herewith are to the extent of such conflict hereby repealed.
Section 5. Notice of the proposed enactment of this ordinance
has been properly advertised in a newspaper of general circulation
in accordance with Section 166.041, Florida Statutes.
Section 6. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING May 17, 1984
PASSED ON SECOND AND FINAL
READING AND ADOPTED June 7, 1984
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Attest:,"
City ;Clerk's - T
11 Mayor-Comm ssi ner