5219-920
ORDINANCE NO. 5219-92
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO UTILITIES; AMENDING SECTIONS 54.20 THROUGH
54.22 AND 54.24 THROUGH 54.26, CODE OF ORDINANCES, TO
PROVIDE THAT THE PERMIT AND FEE REQUIREMENTS FOR ROLL-
OFF CONTAINER SERVICE APPLY TO THE PLACEMENT OR
SERVICING OF ROLL-OFF CONTAINERS WHETHER INSTALLED
PERMANENTLY OR TEMPORARILY WITHIN THE CITY, TO INCREASE
THE PERMIT FEE FROM $5.00 TO $50.00; TO DELEGATE TO THE
CITY MANAGER THE AUTHORITY TO APPROVE PERMIT
APPLICATIONS, AND TO REVOKE OR SUSPEND SUCH PERMITS; !
REPEALING SECTION 54.23, RELATING TO SURETY BONDS;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 54.20 through 54.22 and 54.24 through 54.26, Code of
Ordinances, are amended to read:
Sec. 54.20 64--20. Required.
A permit is required under this - rtiele for persons placing or servicing
roil-off containers-, whether installed permanently or temporarily, within the
aR
i
citv.
Sec. 54.21 94-3. Application.
Every person required to procure the permit provided for in section 54.20
shall submit an application for such permit to the director of public works
ra4}e°d°nt of ° nitatien. 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 a permit fee in the amount of the fu!4 ameant of
thefee ehar-geabl^ for such permitj,the--pe-rinit -fee shal, fifty f-i*& dollars
($5000 &rGG);
(4) Be submitted to the city manager by the director of public works
lk
5?lf r J?
r-::- ., : :? -era ?3cy• ..E4t?"yy,,`i?.s+"?
W
super4tendent of sanitation together with all pertinent information required in
this chapter, in order that a determination can be made by the city manager
(5) Contain a complete record of all arrests and convictions against the
applicant and every partner, officer or director of the applicant for violations
of any and all laws and ordinances of the city, coin state or federal
government;
s (6) Contain the .names(s) flame of employee(s) responsible for the
operation of applicant's business, meaning those who will manage, administer and
supervise the business under the permit when issued, including the amount of
experience possessed by each such employee. If such employee is other than a
partner or director of the applicant, then each such employee shall must complete
a city police department background information report, executed under oath, and
submit to a background investigation, photograph, and fingerprints.
-- 1
(7) Contain the following additional information:
a
a. Number, type and size of waste collection vehicles in use te be used,
b. The number of employees to be assigned to each waste collection
vehicle;
C. The name and location of every establishment _in _the_city- including
short-term construction sites, where
roll-off containers are to be placed and serviced by the_appl_7cant.
Sec. 54.22. Prerequisites to issuance.
in determining whether or not a permit for the placement or placing --a
servicing of roll-off containers should be issued, the city manager
shall consider and base his 4t-s, decision on the following;
(1) A review Review of the material submitted pursuant to section 51.21
2
5?a/ 9-f.;2-
Y.#';,r"w: '?,'=:v„?:: ? ? '.. „,v. ?'t. x's3 ??t73'f 1`.. .?.f+}:taaF??j;.,r,..?,?,r.' ?f?:': a ,n•?.. ..
.:.aa J??? i. .??; a' 7!°..:i '.'?•s`.• .{ti??t ,.?F`a'^?`2?°'s ai x''.'i "?_^.."!l.`c+?.?.'.
L?
40
(2) A review of all convictions of the applicant, the reasons therefor
and the conduct of the applicant subsequent to release;
(3) The license history of each x-m" applicant;
(4) The certificate of approval of the director_ of public works
5uper4RteRdent-caf saR-4&t4n to the effect that the applicant has satisfied the
following:
a. The adequacy of the equipment to be used;
b. That the applicant has agreed to remit to the city each month a fee
calculated in the following manner: Fifteen (15) per cent of the gross revenue
billed ?^T ed by the applicant from the installation or servicing of roll-off
containers within the city for the preceding calendar month, including roll-off
containers installed permanently and tem oraril and has agreed to furnish a
duplicate copy of the applicant's monthly billing;
C. The applicant has agreed to make all books and records applicable to
the business conducted under the permit required by seet4en 54.29 available to
the city or its designee for inspection and audit;
i
d. The applicant has provided a copy of a certificate of insurance
demonstrating that the applicant's employees performing work pursuant to the
permit are covered by workers' compensation insurance.
' Sec. 54.24. Liability insurance.
The holder of a permit issued under this article shall maintain in effect
at all times public liability insurance in the minimum amounts of five hundred
thousand ene hundred theusapA dollars C$500,000_.00) single limit
for- -injui e s t e en e per-son, two hundred thousand ollars ($200,099,04 for
personal injuries 4*juiz} arising out of one occurrence and one hundred thousand
fir- thousand dollars ($100,000.40) X000 00? property damage, and sha11
3
rF ,
,5 / % - ?.a
Cl
0
furnish the city a certificate evidencing such 44& insurance. The.city shall be
named as an additional insured under such insurance.^ The permit holder shall
furniish?a_certificate or certificates of insurance demonstrating compliance with
the requirements of this section.
Sec. 54.25. Termination, denial and renewal; restrictions on issuance or
renewal.
(a) All annual permits under this article shall be valid for not more
than one (I) year and shall terminate on September 30 of each-year the last
to ea l-l ect , --rem,?. a er dispose of all aeeumulatlens.
(b) Each permit holder shall make a written application for renewal on
forms provided by the director of public works super=ntendent of san4tat;"n on
or before October first of each calendar year, which renewal application shall
update the information-provided by eenta substantially t''?°°me infer-mat'
11
the initial application and shall be accompanied by a fee in the amount required
for initial applications the required fee.
l
(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,"' ineluding these
utstanding getober 1, 1981 and no new permit shall be issued to any
pe+,son,_ unless the director _of public works supers-ntenden { ran i°n
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 applications and such findings shall be
considered in this issuance or renewal process.
(e) Such permit may be terminated or denied by the director of public
works superintendent of sanitati" but only after the procedure set out in
4
section 71.12(9) of the Clearwater Code of'Ordinances has been followed.
(f) The granting or renewal of a permit pursuant to this article shall
not be construed as a grant of a franchise or of vested rights.
Sec. 54.26. Revocation or suspension.
The city manager eomffljss4eR, after affording the permit holder notice of
the charges and opportunity to be heard with respect to any revocation
proceedings, may, if the city manager 4-t- finds this chapter to have been violated
or that false statements were made on any application or application for renewal
or on any submittal required by this article by the permit holder, agent or
employee, revoke the permit in its entirety, suspend the permit for a stated
period of time, place the permit holder on probation, or place other conditions
thereon as the city manager finds necessary.
Section 2. Section 54.23, Code of Ordinances, is hereby repealed.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING September 3, 1992
s
PASSED ON SECOND AND FINAL READING
AND ADOPTED
September 17, 1992
J&A.P?
Rita Garvey
Mayor-Commissioner
Attest: Approved as to form and correctness:
e-
Cy?bia E. Goudeau M. A. Galbraith,
Ci Cler!< City Attorney
5
.tea/I-5_L