8025-09
ORDINANCE NO. 8025-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING
TO THE SCHEDULE FOR SOLID WASTE COLLECTION SERVICES;
AMENDING ARTICLE VII, SOLID WASTE MANAGEMENT, SECTIONS
32.271 THROUGH 32.322, APPENDIX A, SCHEDULE OF FEES, RATES
AND CHARGES, ARTICLE XXV, PUBLIC WORKS-FEES, RATES AND
CHARGES, SECTION; (3)(c) SOLID WASTE COLLECTION RATES
THROUGH SOLID WASTE ROLL-OFF CONTAINER OR WASTE
RECEPTACLE SERVICE (5)(b)(ii)(7), CLEARWATER CODE OF
ORDINANCES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is determined to be fair and reasonable to establish fees,
rates and service charges based on the cost to serve the various classes of
customers; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article VII, Solid Waste Management, Section 32.271 through Section
32.322, Clearwater Code of Ordinances, is hereby amended as follows:
DIVISION 1. GENERALLY
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Sec. 32.2715. Definitions.
As used in this chapter:
(1) Commercial container means any container approved by the Solid Waste/General
Services Department solid waste department and serviced by a commercial collection
vehicle.
(2) Commercial establishment means a property or properties zoned or used for
commercial or industrial uses, or used by an entity exempt from federal income taxation
under section 501 (c)(3) of the Internal Revenue Code. The term excludes property or
properties zoned or used exclusivelv for single-family residential or multi:family
residential uses of four units or less.
(3) Compactor means any mechanical hydraulic or electrical machine designed and used
specifically for compacting refuse or recyclables.
(4) Compacted means refuse or garbage condensed by a compactor.
(5) Construction debris means discarded building materials and rubble including but not
limited to earth, cement, brick, wire, cans, flooring materials, lumber, plaster, roofing
materials and any other waste resulting from construction, remodeling, repair or
demolition of any structure or pavement. Such construction debris may be either
commercial or residential in character.
Ordinance No. 8025-09
(6) Containerized service means collection of solid waste or recyclables in city-
approved containers.
(7) Contamination means when more than de mininis non-recyclable items (such
as trash. food waste. alass. putrescible aarbaae) are included with recyclables. or
when two or more different types of recyclables are comminaled in a container
intended for one.
{ID(6t-Customer means owner, occupant, tenant, or other person having control of the
improved real property.
(9) Eviction or move-out refuse means any refuse that is left for collection resultina
from an eviction or a move-out.
(10) E-Waste means inoperative or discarded electronic eQuipment includina. but
not limited to televisions. computer CPUs. monitors and peripherals. and handheld
and desktop telecommunications eQuipment.
!11lfft Hazardous material means material which is radioactive, volatile, flammable,
explosive, infectious, toxic or otherwise hazardous, including but not limited to material
designated as hazardous in any Federal, Florida, Pinellas County, or Clearwater st3tuto
or rogul3tion law or ordinance; also that waste which is determined to be hazardous by
the United States Environmental Protection Agency, or any other federal agency.
(12) Late payment means any payment remitted after the reQuired due date.
~(8t-Materials recovery facility means a solid waste management facility that provides
for the extraction from solid waste of recyclable materials, materials suitable for use as a
fuel or soil amendment, or any combination of such materials.
~fQt-Putrescible waste garbago means household or commercial solid waste that will
putrefy.
(15)(4Qt Recovered materials means metal, fiber. ~, glass, plastic, textile or rubber
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 subsequent
processing or separation from each other, but does not include materials destined for any
use that constitutes disposal. Recovered materials are not solid waste.
!1.IDfl--B Recovered materials dealer means any person or entity who handles,
purchases, receives, recovers, sells, or is an end-user of recovered materials.
11Ilf1-2t Recovered materials processing facility means a facility engaged solely in the
receivina, storage, processing, resale or reuse of recovered materials. Such a facility is
not a solid waste management facility if it meets the definitions of section 403.7045(1)(f),
Florida Statutes.
11ID~ Recyclable means those materials which are capable of being recycled and
which would otherwise be processed or disposed of as solid waste.
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11IDf441 Recycling means the collection, processing, marketing, reprocessing and resale
or reuse of any material which would otherwise be processed or disposed of as solid
waste.
(20)ft-at-Recycling bin means any container issued by the city for the purpose of
recycling.
@(4et Refuse means all putrescible and non-putrescible solid waste.
(22)f=t-7) Residential refuse container means a city issued automated container and/or a
city-approved 32-gallon container or other container approved by the director of Solid
WastelGeneral Services solid v.':Jste.
(23) Roll-off container means any larae capacity container used for commercial or
industrial service. or for special purposes. includina but not limited to. containers
with capacities between (10) ten and forty (40) cubic yards and which are
transported with their contents by vehicle to a solid waste disposal site.
(24) Servicina means any interaction with Solid WastelGeneral Services with
reaards to includina. but not limited to. installina cleanina. deodorizina. pullina.
removina. or repairina damaae to waste receptacles
(25)~ Solid waste means sludge not regulated under the Federal Clean Water Act or
Clean Air Act; sludge from a waste treatment works, water supply treatment plant, or air
pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded
material, including solid, liquid, semisolid or contained gaseous material resulting from
domestic, industrial, commercial, mining, agricultural or governmental operations. The
term does not include recovered materials as defined in this section or in section
403.703(7), Florida Statutes.
(26)(2Qt Solid Waste/General Services Solid waste director means the person
authorized to exercise and enforce the provisions of this ordinance.
(27)fWt-Solid waste management means the process by which solid waste is collected,
transported, stored, separated, processed or disposed of according to an orderly,
purposeful and planned program which includes closure and long-term maintenance.
(28)~Solid waste management facility means any solid waste disposal area, volume
reduction plant, transfer station, materials recovery facility or other facility, the purpose of
which is resource recovery or the disposal, recycling, processing or storage of solid
waste. The term does not include recovered materials processing facilities which meet
the requirements of Section 403.7046(4), Florida Statutes, except the portion of such
facilities, if any, that is used for the management of solid waste.
(29)f22t-Source-separated means that recovered materials are separated from solid
waste where the recovered materials and solid waste are generated. The term does not
require that various types of recovered materials be separated from each other and
recognizes that de minimis solid waste, in accordance with industry standards and
practices, may be included in the recovered materials.
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(30)~Special wastes means solid waste that can require special handling and
management, including, but not limited to, white goods, waste tires, used oil, lead-acid
batteries, construction and demolition debris, ash residue, e-waste. paint Y3rd tr3sh, and
biological wastes.
illit24t Trash means any waste accumulation of paper, sweepings, rags, bedding or
other matter of any kind, other than garbage, which is usually attendant to housekeeping,
except recyclables.
(32) Waste receJJtacle means any vehicle or container. but is not limited to trailers.
roll-off containers. compactors or any other functionally eQuivalent containers.
used to collect. transfer or haul solid waste or construction debris from one
location to another.
(33)(~White goods means inoperative and discarded refrigerators, ranges~ water
heaters, freezerfs} and other similar domestic and commercial large appliances of any
color.
(34)~ Yard waste means vegetative matter resulting from landscaping and
maintenance.
Sec. 32.272. Collection by city; exceptions.
(1) Generally. All refuse accumulated in the city shall be collected, conveyed and
disposed of by the city government. Following receipt and referral by the City Council
Commission of annexation petitions, the city shall, upon request by the petitioners, collect
refuse accumulated on properties being annexed by the city. Any residential.
commercial. or industrial property within the City that is beina constructed. is
occupied. or is capable of beina occupied. shall be presumed to be aeneratina
solid waste for collection.
(2) Exception for commercial establishments. This chapter shall not prohibit the actual
producers of solid waste or the owners of premises upon which solid waste has
accumulated, from personally collecting, conveying and disposing of such solid waste
provided such producers or owners comply with the provisions of this chapter and with all
other governing laws and ordinances. This paragraph shall not be construed to provide
for or as allowing collection by subcontract. An owner or producer of refuse or recyclable
materials may sell or donate these materials but may not enter into any disposal
agreement whereby the owner or producer pays for the use of the container or for
hauling.
(3) Exception for outside collectors. This chapter shall not prohibit solid waste collectors
from outside of the city from hauling such solid waste over city streets prescribed by the
director of public works provided such collectors comply with the provisions of this
chapter and all other governing laws and ordinances.
(4) Exception for private collectors with roll-off containers, comJJactors or waste
receJJtacles. This ch3pter sh311 not prohibit 3 priv3te collector holding 3 permit from the
pl3cing 3nd servicing roll off oont3incrs f-or commeroi31 3nd industri31 solid w3ste issued
by the city th3t the city docs not choose to collect 3nd 3pproves f-or collection by outside
contr3ct. A private collector who currently holds a city issued permit for placina
Ordinance No. 8025-09
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and servicina roll-off containers, compactors, or waste receptacles for commercial
and industrial waste, may continue to provide said service for the duration of all
existina customer contracts. The private collector shall provide the city with
evidence of all such contracts. This exception shall only apply to contracts entered
into on or before June 4, 2009. Moreover, the City may honor an existina private
refuse contract for existina development which annexes into the City for the
remainder of the contract term or for five (5) years from the date of annexation,
whichever is shorter.
(5) ExceJJtion for bulky items. The city has the right to refuse garbage service of any
unusual or extremely bulky item or to require the owner or producer of waste to reduce it
to such size and weight as can be handled by city equipment.
Sec. 32.273. Director of Solid Waste/General Services solid '.vaste; powers; appeals
from action.
ill All solid waste and recyclables accumulated in the city shall be collected, conveyed,
and disposed of or otherwise managed by the city under the supervision of the director of
Solid Waste/General Services solid w~ste.
ill The director of Solid Waste/General Services solid w~ste shall have the authority to
establish the type of container, the frequency of collection, location of container, amount
of solid waste and recycling collection or disposal service needed, so lona as such
chanae does not fall below any minimum standards set forth by Federal and
Florida law or local ordinance.
Sec. 32.274. Unlawful practices generally.
It is hereby declared unlawful and a violation of this chapter for any person to do or
permit to be done any of the following acts or practices:
(1) To deposit on or bury in, or cause to be deposited in or buried in, any property, public
or private, and any street, alley, the waters of Clearwater Bay, or any creek, watercourse,
storm sewer, or ditch within the corporate limits of the city, any solid waste or other
noxious, malodorous or offensive matter;
(2) To fail or neglect to keep or cause to be kept clean and sanitary or tightly covered and
in good state of repair all containers and trash receptacles;
(3) To place or allow to be placed upon the streets, alleys, curbs, bicycle paths or
sidewalks of the city any rubbish, sweepings, debris, trash or waste materials of any kind,
which constitutes a menace to traffic, both vehicular and pedestrian, or a health or
aesthetic problem, or which impairs the proper operation of the city's sewer or drainage
system;
(4) To remove recyclables or any marketable materials from solid waste placed out for
collection. Such an act is declared "scavenging" and is punishable by a fine of $500.00
per incident. An incident is deemed to be the removal of such materials from a single
premises;
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(5) To dispose of any paint, hazardous material, acid, explosive material, Inflammable
liquids, burning substance or any dangerous or highly corrosive material, used oil or
biohazardous wastes in any refuse container which might be detrimental or harmful to
any person or persons. The city will not be responsible for the collection or disposal of
these materials or of special industrial wastes. Damage to city-owned containers as a
result of the above will be repaired at the expense of the user; Gf
(6) To place or deposit or cause to be placed or deposited upon any of the streets,
sidewalks, parkways, thoroughfares, public parks, or other public places of the city, any
tree trunks or limbs, any trash, debris, papers, litter, solid waste, or other discarded
matter of whatever kind, except as specifically provided within the rules and regulations'i-.i.
(7) To brina any solid waste into the city from outside the city limits. or transfer
solid waste oriainatina from one party to another party within the city. for the
purpose of collection and removal by Solid Waste/General Services: or
(8) It shall be unlawful for any third party or contractor to create or leave
construction debris. yard waste or refuse subseauent to the performance of any
work on private property for the city to collect. No materials from such operations
shall be placed in any residential container. commercial container. waste
receptacle or set out curbside for collection by the City without prior authorization
by the Solid Waste/General Services director.
Sec. 32.275. Prohibited materials.
(1) Building materials. Except for roll-off container or waste receptacle services, the city
shall not be responsible for the collection of dirt, rock, sod, plaster, lumber, metal or other
construction or building material originating from private property preliminary to, during or
subsequent to the construction of new buildings, or alterations or additions to existing
buildings. Such material shall be removed by the owner of the property or by the
contractor. No certificate of occupancy shall be issued until such material has been
removed by the owner or contractor.
(2) Contagious disease solid '1/-asro. The remov31 of clothing, bedding or other solid
.....3StO from homes or other places 'Nhore highly infectious or cont3gious dis03S0S have
pre\'3iled Sh311 be performed by 3 licensed medic31 'I.'asto collector registered with the
director of solid '....3ste. Such solid 'Naste sh311 not be placod for collection and shall not be
collected by solid waste personnel.
rn~ Inflammable or explosive materials. Highly flammable or potentially explosive
materials or toxic substances shall not be placed in containers for regular collections, but
shall be disposed of as directed by the director of Solid Waste/General Services selid
'Naste at the expense of the owner or possessor thereof.
mt4t Prohibited materials. Biohazardous waste, flammable liquids, motor oil, pesticides,
herbicides and other hazardous materials shall not be placed for collection, and shall not
be collected by solid waste personnel.
Sec. 32.276. Enforcement.
Ordinance No. 8025-09
6
The director of Solid Waste/General Services solid w3ste is authorized to exercise
limited police powers to enforce the provisions of this chapter. These limited police powers
shall include the authority to issue a notice of violation of a provision of this chapter and,
following a reinspection after the time specified in the notice for corrective action, if there has
not been substantial compliance with the notice of violation, or if the violation has been
corrected but reoccurs, the director of Solid Waste/General Services solid w3ste may cause
a summons to be issued by a sworn police officer, code enforcement officer, or
desiqnated Solid Waste/General Services emplovee of the city for appearance in county
court, or may notify the code enforcement board and request a hearing pursuant to sections
7-102 of the Clearwater Community Development Code 2.218 3nd 2.219. A notice of
violation shall describe the nature of the violation, the corrective action necessary to cure the
violation, and the time within which corrective action shall be taken. A notice of violation shall
be served in the manner set forth in section 162.12. ~ Florida Statutes.
Personnel Employees authorized by the city manager or desiqnee as code enforcement
officers or solid waste personnel are hereby designated as the investigating and enforcing
authority pursuant to this article. The code enforcement officers or solid waste personnel
are authorized and directed to receive all complaints, make inspections to determine if a
violation of this article exists, gather all relevant information concerning such complaints,
conduct field investigations and inspections of real property, and enter upon real property,
with or without a warrant as required by law, in the conduct of official business pursuant to
this article.
It shall be unlawful for any person to interfere, harass, or otherwise impede a city code
enforcement officers or solid waste personnel employee who are is carrying out or acting
within the scope of his/her duties. A law enforcement official shall have the authority to arrest
an individual in violation of Article VII this section.
Sec. 32.277. Penalties.
(1) Any person or entity found to be in violation of the provisions of this article shall be
prosecuted as provided in section 1.12.
(2) Imposition of a penalty or fine does not prevent the code enforcement b03rd
appropriate City desianee from proceeding or from revoking or suspending a license or
permit.
(3) In addition to the penalties provided in subsection (a) of section 1.12, any condition
caused or permitted to exist in violation of any of the provisions of this Code can be
deemed a public nuisance, and may be abated by the city as provided by law. If action to
remedy the condition is taken by the city, the actual costs of such action plus
administrative costs of up to $200.00 shall be owed by the owner to the city and shall
constitute a lien against the property until paid.
(4) If a customer has not removed extra or nonconforming solid waste or other industrial
waste, hazardous waste or noncombustible refuse within 24 hours after notification by
solid waste, the director of Solid Waste/General Services solid '//3ste may order such
removal and all costs incurred shall be placed against the customer's utility account.
(5) Failure to remove a container tagged with a warning by the Solid Waste/General
Services Department code enforcement/solid w3ste dep3rtment within the specified
Ordinance No. 8025-09
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period of time subjects the customer to a fine of $10.00 per day, which is placed on the
customer's utility bill. Repeat offenders, at the discretion of the director of Solid
Waste/General Services solid 'A'3cte, may be placed on side or rear yard premium
service at the appropriate fee.
(6) In the event a roll-off container or waste receptacle becomes a danaer or
nuisance. the roll-off container or waste receptacle shall be impounded and owner
aiven notice. if reasonablv possible. and owner shall be responsible for claimina
such roll-off container or waste receptacle at owner's own expense as detailed in
subsection 7.
(7) Roll-offs containers and/or waste receptacles located on city property and/or
riahts-of-wav that are not reQistered shall be hauled to a city site and an initial fee
Q!j300.00 and a $50.00 a day storaae fee shall be assessed aaainst the owner of
such eQuipment. If such eQuipment is not recovered after thirty (30) days. after the
City has (lone throuQh reasonable efforts to provide the owner notice. then such
eQuipment may be disposed of.
(8) Roll-off container and/or waste receptacle Permittee shall incur a 1 % penaltv
charQe on the total amount of remittance. as specified in Appendix A of this code
and referred to in section 32.290(2)(b) of this division. for every month that the
remittance is past due. Furthermore. Permittee shall incur a 1% penaltv charQe on
the total amount of remittance for every month that the Permittee fails to provide
invoice copies and monthlv service reports. as reQuired bv section 32.290(2)(b).
Failure to complv with the permit submission reQuirements may result in
revocation or denial of issuance or renewal of a permit.
Sec. 32.278. Service fees and charges.
(1) The fact that any place of abode or any place of business is occupied shall be prima
facie evidence that refuse is being produced and accumulated upon such premises and
that fees for the collection and disposal thereof are due the city.
(2) See Appendix A for solid waste management system deposits, fees, service charges,
and rate schedules.
(3) The solid waste collection and disposal charges are applicable until all municipal
utilities including lawn (water) meters are disconnected.
(4) For accounts payable, see section 32.066.
(5) Additional service charges may be levied at the discretion of the director of Solid
Waste/General Services solid waste.
Sec. 32.279. Duty of property owner to supply receptacle; exception.
It shall be the duty of all owners of residences, businesses, professional offices, and
other commercial establishments in the city to supply each of such establishments with seliG
waste receptacles containers except where furnished by the city.
Ordinance No. 8025-09
8
Sec. 32.280. Duty of property owner; precollection practices.
(1) Preparation of solid waste.
(a) Garbage. All garbage shall be drained of liquid and shall be wrapped or bagged
in paper or plastic before being placed in any container for collection.
(b) Trash. All trash shall be drained of liquid before being deposited for collection.
(c) Recyclables. Recyclables shall be prepared for collection in accordance with
existing policies that ef the city provides. as part of the recycling education
program.
(d) Yard waste. Loose yard waste shall be placed inside a container, other than the
city-issued container, approved by the city and placed f-or recycling collection at
curbside, separate from other trash. Such containers shall not be filled above the rim
of the container. Single articles such as palm fronds, tree branches and limbs shall
be cut or broken into pieces which are less than four (4) inches in diameter and four
(4) feet long and shall be stacked at curbside for recycling collection. It shall not be
the responsibility of the solid waste personnel to clean UP de minimis debris
resultina from standard collection. Larger articles may be collected by speoial
pickup upon request and approval by the director of solid waste.
(e) Scrap metal and appliances. Scrap metal and appliances shall be placed at the
curb for recycling collection separate from other trash. Freezers, refrigerators, clothes
washers, clothes dryers, dishwashers or similar airtight units shall have the doors
removed or secured before being placed for collection. All stand-up items shall be
laid flat. Scrap metal such as poles, pipes and antennas shall be cut or bent into
pieces not longer than six (6) feet.
(f) Crates and cardboard boxes. Crates and cardboard boxes shall be collapsed prior
to being placed for collection.
(g) Dangerous material. All dangerous material collected manually such as broken
glass, light bulbs, and razor blades, and fluorescent tubes shall be deposited in a
disposable container and placed at curbside for collection.
(h) None of the above may be placed out prior to twenty-four (24) forty eight (48)
hours in advance of a scheduled pick-up.
(2) Containers.
(a) Duty to provide and maintain in sanitary condition. Except in the case of
containers provided by the city.. all containers shall be provided by the owner, tenant,
or occupant of the premises. Containers shall be maintained in good condition and
shall be subject to inspection and approval of conditions by city code enforcement
inspectors and others having jurisdiction. Routine maintenance of canfs}, carts~ and
waste receptacles dumpsters in a sanitary manner is the responsibility of the user.
Ordinance No. 8025-09
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Any container that does not conform to the provisions of this chapter or that may
have ragged or sharp edges or any other defect liable to hamper or injure the person
collecting the contents thereof, shall be promptly replaced by the customer upon
written notice by the city. The director of Solid Waste/General Services solid waste
shall have the authority to discontinue collection service for failure to comply. In the
event of damage to a container provided by the city caused by a user of the
container, the cost of repair or replacement shall be charged to the customer's
account.
(b) Specifications. Containers shall be made of durable plastic or metal, equipped
with suitable handles and tight-fitting covers, and shall be water:tight. Except in the
case of containers provided by the city, each container shall have a capacity of not
more than thirty-two (32) gallons, and shall weigh not more than sixty {60} pounds
when full.
(c) Commercia/ trash bins. No commercial trash bins or trash rooms shall be used
without written permission of the director of Solid Waste/General Services seliG
'Nasto. No existing bin shall continue to be used, and no new bin shall be permitted
for use, unless it is completely enclosed and watertight.
(d) Commercia/ containers. Containers shall be of such size and shape as to be
capable of being lifted and emptied into city collection vehicles. Commercial front end
containers provided by the owner and used in conjunction with compactors shall first
be approved by the director of Solid Waste/General Services solid '.vaste, such
approval to relate to the ability of the city to service such equipment.
(3) Storing of solid waste.
(a) Public places. No person shall place any solid waste in any street, alley or other
public place or upon any private property whether owned by such person or not,
unless it is in containers for collection. No person shall place any solid waste at the
curb for collection except on his or her property, and such placement shall be behind
the curb or where the curb should be. Any person having a corner lot may use the
side yard curb, subject to the director of Solid Waste/General Services' seliG
'Nasto's approval. No person shall throw or deposit any solid waste in any ditch,
stream or body of water.
(b) Unauthorized accumulation. Any unauthorized accumulation of solid waste on
any lot or premises is hereby declared to be a nuisance and is prohibited. Failure to
remove any accumulation of solid waste following notice to the owner or tenant and a
reasonable opportunity to take corrective action shall be deemed a violation of this
chapter.
(c) Reserved.
(d) Commercial establishments. All commercial establishments shall secure solid
waste accumulated upon the premises so as to eliminate wind-driven debris and
unsightly litter conditions in and about the establishment.
Ordinance No. 8025-09
10
(e) Public parking lots. All public parking lots shall be provided with containers in
sufficient quantity so that there shall be at least one container for every 50 parking
spaces. This requirement shall apply to parking lots with a capacity in excess of 25
spaces. It shall be the responsibility of the owner or the manager of the parking lot to
collect the material deposited in the containers and deposit the material in a
container for collection. As used in this subsection the term "public parking lot" shall
mean a privately owned lot open to the general public.
(f) Construction sites. All construction sites shall use utilized city-approved waste
receptacles trash containers, the number of which shall be determined according to
the size of the job at the discretion of the director of the building division.
Construction sites shall be kept clean and orderly at all times and the building director
may suspend or red tag a construction job until the premises are brought up to a
satisfactory sanitary condition. Anv waste receptacle used to collect refuse that is
not supplied bv the City shall be required to be reaistered with the director of
Solid Waste/General Services.
(4) Waste receptacles, compactors, roll-off containers and baling machines.
(a) Registration. Prior to the placement of compactors, roll-off containers, waste
receptacles, and baling machines such equipment shall be registered with the
director of Solid Waste/General Services solid 'Naste.
(b) Storage of compacted trash. Compacted cardboard, trash or by-products thereof
as described in this section which have been compacted into bales shall be stored in
fireproof structures or buildings at all times unless awaiting transport to ultimate
disposal.
(c) Transporting compacted or roll-off trash. No person shall transport compacted
trash or recyclable materials. collected within the City of Clearwater. over streets
and roadways in the corporate city limits without prior registration with the director of
Solid Waste/General Services solid waste.
Sec. 32.281. Duty of property owner; collection practices.
(1) Frequency of collection.
(a) Residential and small businesses. Solid waste accumulated by residences and
small businesses shall be collected twice each week on regularly scheduled days
except Saturdays, Sundays and holidays.
(b) Commercial. Motels, hotels, restaurants, supermarkets, hospitals, schools and
other establishments may have daily collection services to fit their respective needs
at the regular rates charged. therefore. Where necessary to protect the public health,
the director of Solid Waste/General Services seliG waste or an authorized health
department official may require more frequent collections.
(c) Special collections. Restaurants and all other establishments having putrescible
waste whioh has an off-onsive odor or '.viii oonstitute a nuicanoe may shall be
collected. at minimum. once a week. If the waste becomes offensive in odor or
becomes a nuisance. it shall be collected as often as deemed necessary to
Ordinance No. 8025-09
11
address the offensive odor or nuisance, at the discretion of ::md upon the
3pprov31 of the director of Solid Waste/General Services solid 'N:lstO.
All waste receptacles within the city limits that contain putrescible refuse shall,
at the discretion of the Solid Waste/General Services Director, be reauired to
have a minimum of one collection per week.
(2) Collection locations.
f!l Curbside oickuo (c) SIdo or roar building. Solid waste containers shall be placed
for collection on the ground at the curbline, immediately in front of and contiguous to
owner's property and at least ten (10) feet away from any permanent structure or
vehicle and cannot obstruct pedestrian passage. Solid waste containers shall be
placed for collection at qround level on the property, not within the riqht-of-way
of a street or alley, and shall be accessible without enterina into a buildinq or
shelter of any type. Exceptions may be granted with the approval of the director of
Solid Waste/General Service solid W:lsto.
(b) Handicapped and elderly. Any person who has been certified by a physician as
being unable to place a solid waste container at the curb shall be entitled to have the
solid waste collected at the side or rear of the building at no extra charge.
{g fgLSide or rear yard oremium service buIlding colloction. A fee as stated in
Appendix A will be charqed to customers who wish to have the containers
pulled out and placed back for them by solid waste personnel. Solid waste
cont3iners_sh311 be pl30ed f{)r collection 3t ground lovel on the property, not within the
right of W3Y of 3 street or 311ey, 3nd shall be 3ccessible without entering into 3
building or shelter of 3ny type. No solid ,,':osle sh311 be collected unless oont3iners
3re readily accessible by solid 'Naste personnel without unlocking 3 door, gate or
other obstacle Exceptions thereto m3Y be 3ppro'led in 'tJriting by the director of solid
'I.'3ste provided th3t an 3ddition31 p3yment for the extr3 servioe is agreed upon by
both p3rties.
(3) Container placement and removal.
(a) Residential refuse and/or recyclinq containers and yard waste placed near the
curb, street or alley shall be placed there no earlier than 7:00 p.m. on the evening
preceding the collection day and must be removed to a point at the side or rear of the
structure by 7:00 a.m. of the following day. Any container not removed will be tagged
by the Solid Waste/General Services Department code enforcement/solid waste
dep3rtment with a warning. Second violators will be subject to a fine of $10.00 per
day, which will be placed on the customer's utility bill. Repeat offenders will be placed
on side or rear yard premium service at the stipulated rate.
(4) Eviction/Move Out Refuse.
The property owner shall be responsible for time and material charqes as stated in
Appendix A for any refuse clean up resultinq from an eviction or move out.
Ordinance No. 8025-09
12
Sec. 32.282. Yard waste/bulk collections.
(1) It is the responsibility of all tree surgeons, nurseries, lawn care services and
landscaping contractors, or any individual or company doing work on private property, to
remove from the premises all residue and rubbish resulting from said work. Failure to
comply will result in a fine in the amount of not less than the existing cost for removal plus
an administrative fee not to exceed $200.00, for the first infraction. A second infraction
may result in the loss of the occupational license.
(2) All white goods~ doors must be removed or secured before being set out for
collection.
(3) Items for collection should be placed out no earlier than 24 48 hours in advance of a
scheduled pick-up and should not present a health or safety hazard to the general public.
**********
Sec. 32.284. Waste receptacle Dumpst-cr enclosures/storage of containers.
(1) Enc/osure required.
(a) Customers who receive containerized service and who are not subject to the
requirements of paraqraph 5 subsection (b) of this section shall meet the following
requirements with respect to waste receptacle Dumpster enclosures.
(b) The enclosure will be constructed and maintained in such a manner as to ensure
that the waste receptacle Dumpster is not visible from ground level.
(c) The enclosure shall have a gate that is of sufficient width so that the waste
receptacle Dumpster is easily accessible by a front-end loading refuse collection
truck. Said truck requires 12 feet of unobstructed access.
(d) The base of the enclosure shall contain a six-inch-thick reinforced concrete pad
of a size suitable for the waste receptacle Dumpster in use at that location.
(2) Those customers whose site receives containerized service and whose use of or
improvement to the service site requires site plan approval or approval of minor change
of use, shall also comply with the rules and regulations regarding enclosure dimensions,
materials, location, and other physical attributes, as may be promulgated and amended
from time to time by the director of Solid Waste/General Services solid waste_.
(3) Every containerized customer who receives containerized service shall assume all
risk and shall indemnify, defend, and save harmless the City of Clearwater from and
against all loss, damage, cost or expense for the enclosure which is not due to the
negligence of the City of Clearwater.
(4) No final building inspection shall be undertaken nor certificate of occupancy issued for
any site which has not complied with the enclosure requirements contained in this
section.
Ordinance No. 8025-09
13
(a) Any residential customer obtaining service for any multiple-family residence, and
who is not otherwise subject to the requirements of section 32.321, shall provide an
enclosure for recycling containers. These recycling enclosures shall be located so
that the recycling containers are easily accessible by the residents, and by the refuse
collectors, using front-end re::uloading vehicles. The enclosures shall be constructed
so that the recycling containers are not visible from any public right-of-way. In
addition, the director of Solid Waste/General Services solid waste or designee shall
have the authority to review the proposed location and construction of such
enclosures to ensure that they meet the criteria of this section, and also to ensure
that any applicable building and safety code provisions are complied with.
(5) The Solid Waste/General Services solid waste director shall have the authority to
waive some or all requirements of this section, except those relating to accessibility and
location, in those cases in which the customer demonstrates that:
(a) The waste receptacle Dumpster or recycling container would not be visible at
ground level from any adjacent right-of-way or property, due to the existences of
walls, fences, or other screening on site in compliance with this Code; or
(b) Enforcement of this section would result in extreme hardship.
(6) All enclosures are required to be constructed in accordance with the City of
Clearwater specifications.
(7) Placement of containers. Subscribers or private collectors authorized to
provide services under this article shall not place any container or receptacle for
solid waste or recyclina outside of any buildinq or structure without first havinq
obtained permission from the City approvinq location of such container.
Sec. 32.285. Collection and disposal by commercial establishments, private
individuals and outside collectors.
(1) Requirement for vehicles. All transported refuse shall be containerized or tarped, and
vehicles used for hauling shall be licensed by the city and approved by the director of
Solid Waste/General Services solid waste. The actual producers of solid waste or the
owners of premises upon which solid waste is accumulated who desire personally to
collect and dispose of such solid waste, persons who desire to dispose of waste material
not included in the definition of solid waste and solid waste collectors from outside of the
city who desire to haul solid waste over the streets of the city, shall use a water-tight
vehicle provided with a tight cover and shall operate the vehicle so as to prevent
offensive odors escaping therefrom and materials from being blown, dropped or spilled.
(2) Rules and regulations. The director of Solid Waste/General Services solid waste
shall have the authority to adopt reasonable and necessary regulations concerning
private collection and disposal and the hauling of solid waste over city streets by outside
collectors.
**********
Ordinance No. 8025-09
14
DIVISION 2. PERMIT FOR ROLL-OFF CONTAINER AND/OR WASTE RECEPTACLE
SERVICE
Sec. 32.288. Required.
,^.. permit is required by this division for persons or companies placing or servicing roll off
containers, 'Nhethcr installed permanently or temporarily within the city.
Pursuant to section 32.272(1), it shall be unlawful for any party, other than the City,
to enQaQe in the business of collectinQ, removinQ, or disposinQ of construction or
demolition debris and commercial or industrial waste. However, a sole proprietor or
corporate entity placinQ or servicina a roll-off container or waste receptacle for the
purpose mentioned in this section shall be reauired to procure a permit to leQally
continue such business activity without penalty, and hereinafter be known as
Permittee, only under the followina conditions: (1) yearlv application of an already
existina permit, so 10nQ as Permittee has adhered by all the permit application
reauirements in section 32.289, (2) a permit may be issued when, pursuant to section
32.293(3), the City first determines that it is unable or unwillinQ to collect. remove or
dispose of a particular type or volume of refuse, or (3) when such sole proprietor or
corporate entity only services individual trailers or other similar rubber tire vehicles
that are no larQer than fifteen (15) cubic yards.
Sec. 32.289. Application.
Every sole proprietor or corporate entity person required to procure the permit for roll-
off container. or waste receptacle service provided for in section 32.288 shall submit an
application for such permit to the city manager or desiQnee. 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 division.
(3) Be accompanied by a permit fee in the amount set out in appendix A to this Code.
(4) Be submitted to the city manager or desiQnee together with all pertinent information
required in this division, in order that a determination can be made by the city manager or
desianee.
(5) Contain a complete record of 011 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, county, state or f-ederal go'.'ernment.
IIDtej-Contain the names of employees 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 complete a city police department background information report,
executed under oath, and submit to a background investigation, photograph and
fingerprints.
{IDf7t-Contain the following additional information:
Ordinance No. 8025-09
15
(a) Number, type and size of waste collection vehicles in use;
(b) Number of employees assigned to each waste collection vehicle;
(c) Name and location of every establishment in the city, including short-term
construction sites, where roll-off containers or waste receptacles are placed and
serviced by the applicant.
(7) Be accompanied by copies of all contracts or options for the servicinq or
placinq of roll-off containers or waste receptacles within the City of Clearwater. For
permittinq purposes only, the City shall honor existinq private servicinq contracts
for the remainder of the contract term or for five (5) years from the date of
execution, whichever is shorter, provided that such contract or option was in effect
on or before June 4, 2009. If the applicant is unable to provide copies of contracts
or options, as required by this section, applicant shall be ineliqible to obtain a
permit.
(8) Disclose all previous business names, current subsidiaries, parent companies
or any successors.
Sec. 32.290. Prerequisites to issuance.
In determining whether or not a permit for the placement or servlcmg of ! roll-off
container or waste receptacle should be issued, the city manager or desiqnee shall
consider and base rns the decision on the following:
(1) A review of the material submitted pursuant to section 32.289;
(2) 1\ review of all convictions of the applioant, the reasons theref{)re and the conduct of
the applioant subsequent to release;
(3) The lioense history of eaoh applioant;
ill (4tThe certificate of approval of the city manager or desiqnee to the effect that the
applicant has satisfied the following:
(a) The adequacy of the equipment to be used, as used in this subsection,
adequacy of equipment shall mean that the roll-off container and/or waste
receptacle does not present a danqer or nuisance, is structurally sound,
and has markinqs identifvinq the current owner of such equipment, such
markinQs shall include the sole proprietor or corporate entity name, phone
number, and container number;
(b) The applicant has agreed to remit to the city each month a fee of 15% of the
monthly qross revenue billed by Permittee, as set out in Appendix A to this Code.!
accompanyinq the remittance, the Permittee shall supply invoice copies
corroboratinq the monthly qross revenue derived from servicinq locations
within the City of Clearwater. aM the applicant has agreed to furnish a duplicate
copy of tho applicant's monthly billing; Moreover, a Permittee shall also provide to
the director of Solid Waste/General Services a monthly report identifvina
Ordinance No. 8025-09
16
collections made within the City. toaether with the appropriate service
addresses for such collections. The report. remittance. and invoice copies are
due no later than the last business day of the followinQ month:
(c) The applicant has agreed to make all books and records applicable to the
business conducted under the permit required by section 32.288 available to the city
for inspection and audit;
(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. 32.292. Liability insurance.
The holder of a permit for roll-off container and/or waste receptacle service issued
pursuant to this division shall maintain in effect at all times public liability insurance in the
minimum amounts of $500,000.00 single limit for personal injuries arising out of one
occurrence and $100,000.00 property damage, and shall furnish the city a certificate
evidencing such insurance. The city shall be named as an additional insured under such
insurance. The permit holder shall furnish a certificate of insurance demonstrating
compliance with the requirements of this section.
Sec. 32.293. Roll-off and/or waste receptacle permit application, l=termination, denial
re n (l'...~a I.
(1) All permits for roll-off container and/or waste receptacle service issued pursuant to
this division shall be valid for not more than one year and shall terminate on December
31st September 30 of each year. Reaardless of date of issuance. issuance fee shall
be the full amount as stated in Appendix A.
(2) Applicants E3Ch permit holder shall complete make a written application fer: renew31
on forms provided by the city manager or desiQnee on or before January 1 October 1 of
each calendar year. The application shall be accompanied bv the fee as stated in
Appendix A. '.vhioh renewal applio3tion Sh311 upd3te the inform3tion provided by the
initial 3pplio3tion 3nd shall be 3ooomp3nied by 3 f-oe in the amount required for initi31
3pplic3tions.
(3) Applic3tions f-or rene'oV3I Sh311 be processed in the S3me manner as an initi31
applio3tion.
Ql(4t No permits required by this division shall be rone',\'ed, and no nev: permit Sh311 be
issued to any sole proprietor or corporate entity person unless the city manager or
desianee determines that the city is unable or unwillinQ to collect, remove or dispose of
a particular type or volume of refuse. cert3in g3rb3ge, rubbish and other
acoumul3tions.
ID~ Such permit may be terminated or denied by the city manager but only after the
procedure set out in section 29.41 (2) has been followed. Notwithstanding the procedure
set out in section 29.41 (2), appeal of the city manager's decision to terminate or deny a
HeW permit or renewal shall be to the city council. commission
Ordinance No. 8025-09
17
lID fet The granting or renewal of a permit pursuant to this division shall not be construed
as a grant of a franchise or of vested rights.
(6) No permit shall be issued to any applicant who is delinauent in remittance of
franchise fees, penalties, or interest.
(7) The permit issued to the applicant shall not be transferable.
(8) No permit shall be issued after all Permittee's contracts or options to service or
place roll-off containers and/or waste receptacles within the City of Clearwater
have terminated or such contracts cease to be enforceable.
Sec. 32.294. Revocation or suspension.
The city manager or desiQnee, after affording the Permittee holder of a permit for roll-off
container or waste receptacle service notice of the charges and opportunity to be heard with
respect to any revocation proceedings, may, if the city manager finds this article to have been
violated or that false statements were made on any application or applioation for rene'Nal or
on any submittal required by this division by the permitee permit holder, agent or employee,
revoke the permit in its entirety, suspend the permit for a stated period of time, place the
Permittee permit holder on probation, or place other conditions thereon as the city manager
or desianee finds necessary.
Sec. 32.295. Rates.
Rates for roll-off container and or waste receptacle service are listed in Appendix A -
Schedule of Fees, Rates and Charges, Section XXV, Public Works Utility Fees, Rates and
Charges.
Sec. 32.296. Prohibition.
No hazardous or medical waste shall be placed in City of Clearwater roll-off containers
and/or waste receptacles compactors. Hazardous and/or medical waste shall be disposed
of by authorized contractors in compliance with federal, state and local laws and regulations.
DIVISION 3. RECOVERED MATERIALS DEALERS*
Sec. 32.311. Required.
(1) After February 1, 1994 A recovered materials dealer shall provide to the Solid
Waste/General Services solid 'Naste director of the city a copy of the certification
required by F.S. 9 403.7046, prior to engaging in business within the city. In addition, a
recovered materials dealer shall register with the Solid Waste/General Services setki
'Naste director of the city prior to engaging in business within the city.
(2) Recovered materials generated at commercial establishments within the city shall be
source-separated at the premises of the commercial establishment.
Ordinance No. 8025-09
18
Sec. 32.312. Prohibition.
(1) Any person.l. sole proprietor or corporate entity not certified under F.S. 9403.7046,
as required is expressly prohibited from doing business as a recovered materials dealer
within the city.
(2) The city expressly reserves the right to provide for the exclusive collection,
transportation and processing of recovered materials from single-family or multi:family
residential properties or to enter into an exclusive franchise for such services to these
properties, or any combination thereof, at the option of the city.
(3) Certified recovered materials dealers are limited to providing service to commercial
establishments only.
(4) Only recovered materials may be removed from the commercial solid waste stream.
Sec. 32.313. Recovered Materials Dealer registration. termination. denial.
Every sole proprietor person or corporate entity haulinQ. collectinQ. recelVlnQ.
and/or processinQ recovered materials shall be required to register as a recovered
materials dealer shall register with the director of Solid Waste/General Services. solid waste
The registration shall:
(1) Include a completed written reQistration on the forms provided bv the city
manaQer or desiqnee on or before October 1 of each year. 8e a written
statement upon forms pro'.'ided by the city. Such registration forms shall include an
affidavit to be sworn to by the registrant before a notary public. Reaardless of
issuance date. issuance fee shall be the full amount as stated in Appendix A.
ill (J) Be accompanied by a registration fee in the amount set out in Appendix A to
this Code.
(4) Be submitted to the city manager by the director of solid \Naste together with all
pertinent information required in this division, in order that a determination can be
made by the city manager .
rn fat Contain the name of the dealer, including the owner or operator of the dealer,
its general and limited partners if a partnership, its corporate officers and directors if a
corporation, its permanent place of business, evidence of certification under F .S.
9403.7046, and a certification that the recovered materials will be processed at a
recovered materials processing facility satisfying the requirements of F.S. 9403.7046.
(4) Reaistration may be terminated or denied bv the director of Solid
Waste/General Services upon compliance with the procedure set forth in
section 29.41 (2).
Ordinance No. 8025-09
19
(5) Reaistration pursuant to this division shall not be construed as a arant of a
franchise or vested interest.
(6) Reaistration shall not be transferable.
Sec. 32.314. Reporting.
Each certified recovered materials dealer registered with the city shall provide to the
director of Solid Waste/General Services solid 'N3ste a quarterly report identifying the types
and tonnages of recovered materials from the City of Clearwater that were collected,
recycled, or used during the reporting period; the approximate percentage of recovered
materials reused, stored or delivered to a recovered materials processing facility or disposed
of in the solid waste disposal facility; and the locations where any recovered materials were
disposed of as solid waste. Each quarterly report shall be due not later than the last business
day of the month following the end of each calendar quarter.
Scc.32.316. Termination, denial, rcncwal.
(1) /\11 registr3tions f-or recovered m3teri31s de31ers doing business within the city Sh311 be
v31id f-or not more th3n one ye3r, 3nd Sh311 termin3te on December 31 of e3ch ye3r.
(2) E3Ch registr3nt Sh311 m3ke 3 ':.'ritten 3pplic3tion for renew31 of registr3tion on forms
provided by the director of solid 'N3ste works on or before October 1 of e3ch c31end3r
yem, ..'-,hich rene'I.'3I 3pplic3tion Sh311 update the inf-orm3tion provided by the initial
3pplic3tion 3nd Sh311 be 3ccomp3nied by a foe in the 3mount required for initial
3pplic3tions.
(3) /\pplic3tions for renew31 Sh311 be processed in the S3me m3tter 3S 3n initi31
3pplic3tion.
(4) Registr3tion may be termin3ted, or 3n 3pplic3tions for rene'A'al m3Y be denied, by the
director of solid ':.'ork!; upon compli3nce with the prooedure set forth in section 29.41 (2).
(5) Registr3tion or the rene'I.'31 of 3 registr3tion pursu3nt to this division Sh311 not be
construed 3S 3 grant of 3 franchise or 3 vested right.
Sec. 32.31~i. Revocation or suspension.
The city manager or desianee, atter affording the registrant notice of the charges and an
opportunity to be heard with respect with to any revocation proceedings, may, if the city
manager finds this article to have been violated or that false statements were made on any
report, application or 3pplic3tion for renewal or on any submittal required by this division by
the applicant, agent or employee, revoke the registration in its entirety, suspend the
registration for a stated period of time, place the registrant on probation or place other
conditions thereon as the city manager or desianee finds necessary.
Ordinance No. 8025-09
20
DIVISION 4. RECYCLING BY CITY
Sec. 32.320. Curbside.
(1) Curbside recycling shall be provided maae available to residential, office, and
hotel/motel units which are served by rearloader or sideloader solid waste collection and
a fee shall be assessed in the amount set out in Appendix A to this Code.
(2) Curbside recycling collection will be once:weekly. A recycling container will be
furnished by the city along with instructional materials providing the necessary
information for proper participation to include the designation of the collection day.
(3) Curbside recycling containers placed near the curb, street or alley shall be placed
there no earlier than 7:00 p.m. on the evening preceding the collection day and must be
removed to a point at the side or rear of the structure by 7:00 a.m. of the following day.
Any container not removed will be tagged by the Solid Waste/General Services
Department ooae enf-orcementlsolid waste department with a warning. Repeat violators
will be subject to a fine in the amount set forth in section 32.281 (3)(a), which will be
placed on the customer's utility bill.
Sec. 32.321. Multi:family recycling.
Multi:family recycling shall be provided '1:i11 be offered to complexes within the city. +Re
program will be phased in by the solid waste department.
11l...A tAe-fee shall be assessed in the amount set out in schedule for multifamily
recycling will be provided Appendix A to this Code.
{6lMulti:family recycling may be '::ill be tailored to the needs of each complex and is-wiU
be integrated into a full-service solid waste management program.
(3) Repeated contamination of the recyclable materials collected by the Solid
Waste/General Services Department will result in a reiection of service, and the
recipient of said service shall still be responsible for payina all applicable fees as
stated in Appendix A to this code.
Sec. 32.322. Commercial recycling.
Commercial recycling may will be provided by the Ssolid Wwaste/General Services
Daepartment in competition with certified recovered materials dealers registered with the city.
The Solid Waste/ General Services Daepartment solid 'Naste will provide customized
recycling service to commercial establishments tailored to the needs of the establishment and
integrated into a total solid waste management program. Commercial recycling base rates
will be set out in Appendix A to this Code, and such base rates may be amended from time to
time by resolution adopted by the city council commission. The city manager or desianee
may adjust the rates upwards or downwards in order to be cost-competitive compete
effectively with private recovered materials dealers operating within the city.
**********
Ordinance No. 8025-09
21
Section 2. Appendix A, Article XXV Public Works - Fees, Rates and Charges is hereby
amended as follows:
* *********
(c) Solid waste collection rates.
1. Monthly charges for twice:weekly collection of solid waste in prescribed containers.
a. Single-family and multiple-family dwellings.
(i) Curbside pickup: One 90-gallon container will be provided for automated service for each
living unit. Additional 90-gallon containers will be provided at the discretion of the director of
Solid Waste/General Services solid ':I3ste at the rate specified below. Where routes are
automated, automated service shall be the only option.
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
Each living unit, $21 .48 $22.55 $23.68 $24.86 $26.10
minimum
Each additional 21 .48 22.55 23.68 24.86 26.10
container
(ii) Side or rear yard premium service building collection: Manual pickup has a limit of two
containers per living unit, each having a capacity no larger than 32 gallons. For each
additional 32-gallon or smaller container for rear yard pickup, the fee specified below will be
charged for side or rear building collection of each 90-gallon container.
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
Each living unit $42.96 $45.10 $47.36 $49.72 $52.20
Each additional 14.99 15.74 16.53 17.36 18.23
container
(iii) Base charge: The base charge will be included in the monthly charge for active accounts
as specified below. Dormant accounts will be assessed the base charge for each account.
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
Each account, $7.14 $7.50 $7.88 $8.28 $8.70
minimum
(iv) Service outside of the municipal limits. Accounts outside the City limits shall be
assessed 125% of the city's monthly charaes for curbside service for twice-weekly
collection for each unit.
b. Motels, apartment motels, or apartments renting by day or week; all containers serving
the premises shall be centrally located at one collection point.
(i) Curbside pickup:
First living unit, minimum
Ordinance No. 8025-09
22
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
$21 .48 $22.55 $23.68 $24.86 $26.10
All additional living units, per unit
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
$11 .25 $11.82 $12.41 $13.03 $13.68
(ii) Side or rear yard premium service building oollection:
First living unit, minimum
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
$42.96 $45.10 $47.36 $49.72 $52.20
All additional living units, per unit
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
$21.48 $22.55 $23.68 $24.86 $26.10
c. Motels, apartment motels, or apartments renting by day or week with commercial
containers. In accordance with the schedule in subsection (3)(c)2.a. of this section.
d. Commercial buildings of all types such as stores, hotels, factories, filling stations, service
establishments and the like with separate water metering for twice weekly collection.
(i) Curbside pickup, minimum
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
$21 .48 $22.55 $23.68 $24.86 $26.10
(ii) Side or rear yard premium service building oollcc-tion :
Two containers, minimum
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
$42.96 $45.10 $47.36 $49.72 $52.20
Each additional container
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
$14.99 $15.74 $16.53 $17.36 $18.23
(iii) Commercial containers: In accordance with the schedule in subparagraph (3)(c)2.c of this
section.
Ordinance No. 8025-09
23
e. Each building containing four or more separate business or professional offices and one
common water meter.
(i) Curbside pickup:
First eight containers
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
$89.88 $94.38 $99.10 $104.06 $109.26
Each container in excess of eight
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
$13.19 $13.85 $14.55 $15.28 $16.05
(ii) Side or rear yard premium service building collection:
First eight containers
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
$179.76 $188.76 $198.20 $208.12 $218.52
Each container in excess of eight
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
$26.36 $27.68 $29.06 $30.51 $32.04
(iii) Commercial containers: In accordance with the schedule in subparagraph (3)(c)2.c. of
this section.
2. Monthly charges for daily commercial (except Saturday, Sunday and holidays) collection
for solid waste in prescribed containers.
a. Curbside pickup:
(i) One container, minimum
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
$56.19 $59.00 $61.95 $65.05 $68.30
(ii) Each additional container
TABLE INSET:
Effective 10/1/2008 10/1/2009 10/1/2010 10/1/2011
10/1/2007
$56.19 $59.00 $61.95 $65.05 $68.30
b. Side or rear yard premium service building collection:
(i) One container, minimum
**********
Ordinance No. 8025-09
24
4. The charges set forth above shall be subject to adjustment for increases or decreases in
the dump fee. Uniform increases or decreases shall be recommended by the director of
Solid Waste/General Services solid 'Naste and approved by the city manager, and a copy
of the adjusted charges shall be filed with the city clerk. Other increases or decreases shall
be subject to approval by the adoption of an ordinance by the city council commission_, upon
the recommendation of the city manager.
5. Each sinQle-family or multi-family dwellina customer will be allowed UP to 4 (four)
additional complimentary yard waste pick-ups beyond the once-weekly yard waste
collection implicit in 32.281(1)(a), per 12-month period providinQ the combined yardaQe
of the 4 (four) pick-ups does not exceed a total of 40 (forty) cubic yards durinQ that 12
month period.
6. Waste receptacles excludina residential refuse containers shall be eliaible for two
cleaninas per year at no charQe. Any subseauent cleanina shall incur a $100.00 per
waste receptacle charae .
(d) Recycling.
1. Recovered materials dealer annual application fee (effective 10/1/2007) . . . $57.50
2. Curbside recycling:
a. Monthly charges for curbside service for once-weekly collection for each unit
TABLE INSET:
Fiscal Year Beginning October 1,
2007 2008 2009 2010 2011
$2.01 $2.07 $2.13 $2.19 $2.44
b. Charge for additional curbside recycling bins or replacement of bins lost or damaged due
to negligence shall be: Cost plus $1.15 (effective 10/1/2007) handling charge per bin (one-
time charge per delivery).
c. Charge for a curbside recycling bin shall be: Cost plus $1.15 (effective 10/1/2007)
handling charge.
1.&a. Special collection of recyclables where ~Gity services a bin at the residence or carries
bin to curb, without physician's certification of medical necessity, shall be: Twice the curbside
recycling charge.
{Ql-e. Service outside of the municipal limits. Accounts outside the City limits shall be Rave
110% of a ten percent surcharge assessed over and ubove the city's monthly charges for
curbside service for once weekly collection for each unit.
3. Monthly charges for multi:family collection of prescribed service initiated before January
1,1996:
a. Service with semi-automated carts:
*********
Multi:family complexes serviced with one compartmentalized container cluster of four
equates to one three cubic-yard Daumpster.
4. Monthly charges for once-weekly collection of recyclables at each multi-family complex
offered after January 1, 1996, will be for each living unit
TABLE INSET:
I Effective
\10/1/2008
110/1/2009
110/1/2010
110/1/2011
Ordinance No. 8025-09
25
I ;~/::007 I $154 I $1.59 I $1.64 1$182
Billing for recycling service offered before June 1996, will commence June 1, 1996. Billing for
service offered after June 1, 1996, will commence in the appropriate billing cycle of the month
following.
5. Monthly charges for commercial collection represents the target level of commercial
recycling from which the Solid Waste/General Services Department solid ,,','aste division
will flex up or down to be cost-competitive with certified recovered materials dealers (private
recycling companies) operating within Clearwater.
a. The target level charge for service with semi-automated carts shall be charged on the
same basis as rates included in 3.a.
b. The target level charge for service with non-compacted commercial containers shall be
the same as rates included in 3.b. above.
*********
(5) Other miscellaneous charges:
**********
(b) Solid waste roll-off container or waste receotac/e service:
(i) Private service fees:
1. Permit fee to place or service roll-off containers or waste receptacles (9 32.292(3)),
(effective 10/1/2007) . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $56.50
2. Monthly fee of 15 percent of the gross revenue billed by permit holder Permittee for fFam
the installation, pull, disposal or any servicing of roll-off containers or waste receptacles
within the city for the preceding month including roll off containers installed permanently or
aM temporarily. For the purposes of this section aross revenues shall include but not
be limited to fuel surcharae, overweiaht or any other charaes excludina penalty and/or
late charaes. (9 32.293(4)(b)).
(ii) Public service fees:
1. Monthly fee of 15 percent of the gross revenue billed by permit holder the City for fFam
the installation, pull, disposal or any servicing of roll-off containers or waste receptacles
within the city for the preceding month including roll off oontainers installed permanently or
aM temporarily. For the purposes of this section, aross revenues shall include but not
be limited to fuel surcharae, overweiaht or any other charaes excludina penalty and/or
late charaes.
2. Pull charges. A pull being the hauling, dumping and returning of a roll-off container or
waste receptacle one round trip:
In the City of Clearwater
**********
3. Deposits.
a. Roll-off container/and or waste receptaclecomp3ctor. A $400.00 deposit will be
charged for each roll-off and/or waste receptacle compactor.
a. Open top container. ,'\ $400.00 deposit '.viII be charged f-or open top roll off containers.
Service charges will be assessed against the deposit until it is insufficient to cover the next
pull and disposal bill. At that time the customer will be required to make a payment on
account or replenish the deposit in order to cover the next service billing.
Ordinance No. 8025-09
26
RG. The initial deposit may be set at less than the normal two-month level upon determination
of being in business for two years or more or otherwise providing satisfactory credit
worthiness and by executing a special deposit/payment agreement approved by the director
of Solid Waste/General Services solid w3ste which provides for a more rapid payment
schedule than normal.
4. Billing. Roll-off containers and/or waste receptacle service will be billed for a
combination of the pull charge, disposal fee and any other roll off services rendered.
5. Other service charges.
a. Rental. A $3.40 (effective 10/1/2007) per day rental charge will be assessed for
containers not pulled and dumped a minimum of once each month.
b. Rinse and deodorize (effective 10/1/2007) . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. $24.57
c. Overload charge for any container loaded above the rim (effective 10/1/2007) . . .i56.50
d. Damage. Damage to container will be assessed at actual cost of repair.
e. Enforcement. Any charges assessed against a city roll-off vehicle for overweight or
overloading will be paid by the customer to whom the container service is provided.
f. Malfunction. Containers that are damaged and/or not maintained properly and cannot be
dumped will be returned to the owner for repair and a pull charge assessed for the trip. After
repair, a second pull charge will be assessed for the pull along disposal fee and other
appropriate charges.
g. Premium service. Any roll-off container or waste receptacle service required after duty
hours or on weekends or holidays where overtime must be paid will be billed to the customer
at time and one-half or 150 percent of the established charge.
h. Placement or retrieval. A $56.50 (effective 10/1/2007) charge will be assessed for the
placement or retrieval of a container requested and not used or returned without an
associated pull charge.
i. Lease and service rates. Lease and service rates for compactors will be based upon the
size, type and installation requirements of the compactor as determined by the director of
Solid Waste/General Services solid .....3StO.
6. Charges for roll-off container or waste receptacle service represents the target level of
charges for the services rendered from which the Ssolid Wwaste/General Services
Oaepartment will flex up or down to be cost-competitive eff-ecti'le while providing the most
economical service to customers.
* * * * * * * * *
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 4, 2009
Ordinance No. 8025-09
27
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Carnl
Assistant City Attorney
June 18. 2009
. ::L-eK~
Frank V. Hibbard
Mayor
Attest:
y~ Cat(
fit Cynthia E. Goudeau
City Clerk
Ordinance No. 8025-09
28