8131-10
ORDINANCE NO. 8131-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CLEARWATER CODE OF
ORDINANCES SECTION 32.2715 OF ARTICLE VII,
WASTE MANAGEMENT, EXCLUDING TREE TRIMMINGS
AND VEGETATIVE MATTER FROM THE DEFINITION OF
CONSTRUCTION DEBRIS; AMENDING SECTIONS
32.272(4) AND 32.288 OF ARTICLE VII, SOLID WASTE
MANAGEMENT, PROVIDING THE CITY OF
CLEARWATER EXCLUSIVITY IN THE BUSINESS OF
COLLECTING, REMOVING, OR DISPOSING OF
CONSTRUCTION DEBRIS, WHETHER COMMERCIAL OR
RESIDENTIAL IN NATURE, OR PUTRESCIBLE WASTE
GENERATED BY COMMERCIAL ESTABLISHMENTS
WITHIN THE CITY LIMITS; DELETING THE
REQUIREMENT THAT COPIES OF SERVICE
CONTRACTS ACCOMPANY ALL ROLL-OFF/WASTE
RECEPTACLE PERMIT APPLICATIONS IN SECTION
32.289, ARTICLE VII, SOLID WASTE MANAGEMENT;
AMENDING SECTION 32.293(8) OF ARTICLE VII, SOLID
WASTE MANAGEMENT, REITERATING THAT PERMITS
WILL ONLY BE ISSUED AFTER FEBRUARY 18, 2013, OR
THREE (3) YEARS FROM THE DATE OF ADOPTION OF
THIS ORDINANCE, WHICHEVER IS LATER, TO PRIVATE
COLLECTORS THAT EITHER COLLECT REFUSE THAT
THE CITY HAS FIRST REFUSED TO COLLECT OR
THOSE THAT ONLY SERVICE INDIVIDUAL TRAILERS
OR OTHER SIMILAR RUBBER TIRE VEHICLES NO
LARGER THAN FIFTEEN (15) CUBIC YARDS, NO
OTHER PERMITS WILL BE ISSUED OR BE HELD VALID
AFTER SUCH DATE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, section 32.288 of the Clearwater Code of Ordinances (the Code)
requires any "persons or companies placing or servicing roll-off containers, whether
installed permanently or temporarily within the city," to obtain a permit (the Permit
Program), and
WHEREAS, the administration of the Permit Program has become inefficient
and too costly to maintain in its current state, and
WHEREAS, to reduce departmental operational costs, it is the City of
Clearwater's intent to reduce access to the Permit Program only to private collectors
that are willing and able to collect refuse that the City of Clearwater has had the first
opportunity to refuse, or to private collectors in the business of servicing only
Ordinance No. 8131-10
individual trailers or other similar rubber tire vehicles that are no larger than fifteen
(15) cubic yards, and
WHEREAS, according to section 403.70605, Florida Statutes, the City of
Clearwater's intended reduction to the Permit Program constitutes "displacement" of
private collectors that currently hold or could hold a city-issued permit for the placing
and servicing of refuse collected, and
WHEREAS, complying with the requirements of section 403.70605, Florida
Statutes, the City has provided at least forty-five (45) days written notice to all
entities known to be servicing within City limits affording them the opportunity to
comment on the adoption of this ordinance, and
WHEREAS, the City shall not take steps to enforce the reduced permitting
program until after February 18, 2013 or three (3) years have elapsed after the final
public hearing adopting this ordinance, whichever is later, and
WHEREAS, private collectors that solely collect tree trimmings and other
vegetative remains resulting from site work or land clearing will not have to procure a
permit and shall continue to conduct such activity legally after the adoption of this
ordinance, and
WHEREAS, with the reduction in the permitting program it would be
unnecessary to require Permitees to submit copies of all service contracts involving
properties serviced within the limits of the City of Clearwater, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Chapter 32, Utilities, Section 32.2715 be amended by
adding the underlined language as follows:
Sec. 32.2715. Definitions.
(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. A collection of solelv tree trimminas and
veaetative remains resultina from site work or land c1earina is not
considered construction debris for purposes of this definition: however. if
mixed with construction debris. the entire collection of material is
considered construction debris.
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Ordinance No. 8131-10
Section 2. That Chapter 32, Utilities, Section 32.272 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 32.272. Collection by city; exceptions.
(4) Exception for private collectors with roll-off containers, comoactors or
waste receotacles. This ch3pter sh311 not prohibit 3 priv3te collector
holding 3 permit from the pl3cing 3nd Gervicing roll off cont3iners for
commerci31 3nd industri31 solid w3ste issued by the city th3t the city does
not choose to collect 3nd 3pproves for collection by outside contr3ct. A
private collector currentlv holdinq or eliqible to obtain a City-issued permit
for placinq and servicinq roll-off containers. compactors. or waste
receptacles for sites qeneratinq construction debris or commercial
establishments qenerating putrescible waste. may acquire such permit or
continue renewinq such permit to leqallv provide said service onlv until
February 18. 2013. or three (3) years from the date of adoption of
Ordinance 8131-10. whichever is later. After the aforementioned deadline.
permits shall onlv be issued to private collectors that are able or willinq to
collect. remove or dispose of a particular type or volume of refuse. onlv
after the City has first determined that it is unable to service such type or
volume of refuse; or for such private collectors that onlv service individual
trailers or other similar rubber tire vehicles that are no larqer than fifteen
(15) cubic yards. Moreover. the City may honor an existinq private refuse
contract for existinq 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.
Section 3. That Chapter 32, Utilities, Section 32.288 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 32.288. Required.
/\ permit is required by this division f{)r persons or comp3nies placing or
servicing roll off cont3iners, 'Nhether inst311ed perm3nently or tempor3rily
within the city.
Pursuant to section 32.272(1). it shall be unlawful for any party. other than
the City. to enaaqe in the business of collectina. removina. or disposinq of
construction debris. whether commercial or residential in nature. or
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Ordinance No. 8131-10
putrescible waste qenerated bv commercial establishments. However. a
sole proprietor or corporate entity placinq or servicinq a roll-off container
or waste receptacle for the purpose of collectinq. removinq or disposing of
construction debris. whether commercial or residential in nature. or
putrescible waste qenerated bv commercial establishments shall be
required to procure a permit to leqallv continue such business activity
without penaltv. and hereinafter be known as Permittee. onlv under the
followinq circumstances: (1) when a new Permitee or a renewing Permitee
satisfies all permit application requirements in section 32.289: however.
such Permitee takes permit understandinq that it will continue to provide
said service onlv until February 18. 2013. or three (3) years from the date
of adoption of Ordinance 8131-10. whichever is later; (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) a permit may be issued to a sole proprietor or
corporate entity that onlv services individual trailers or other similar rubber
tire vehicles that are no larqer than fifteen (15) cubic yards.
Section 4. That Chapter 32, Utilities, Section 32.289 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 32.289. Application.
(7) Be ::lCoompanied by copies of all contracts or options for the servicing
or placing of roll off oontainers or waste reoeptacles '.\'ithin the City of
Clearv:ater. For permitting purposes only, the City shall honor existing
private servicing oontracts for the remainder of the contract term or f-or five
(5) years from the date of execution, '.\'hichever is shorter, provided that
suoh oontraot or option 'lias in eff-ect on or bef-ore June 4, 2009. If the
applicant is unable to provide copies of contracts or options, as required
by this seotion, applicant shall be ineligible to obtain a permit.
fStaLDisclose all previous business names, current subsidiaries, parent
companies or any successors. if applicable.
Section 5. That Chapter 32, Utilities, Section 32.293 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 32.293. Roll-off and/or waste receptacle permit application,
termination, denial.
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Ordinance No. 8131-10
(8) Only private collectors that are able or willinq to collect. remove or
dispose of a particular type or volume of refuse that the City has first
determined that it is unable or unwillinq to service or private collectors that
only service individual trailers or other similar rubber tire vehicles that are
no larqer than fifteen (15) cubic yards. may be eliQible to acquire or
continue to renew a permit after February 18. 2013. or three (3) years
from the date of adoption of Ordinance 8131-10. whichever is later. No
other permits shall be issued nor be considered valid after such date. Ne
permit shall be issued after all permitee's contracts or options to service or
place roll off containers and/or ,<vaste reoeptaoles within the City of
Clemv.(ater have terminated or such contracts cease to be enforceable.
Section 6. The City Clerk is hereby directed to place this ordinance on
the agenda within one year for the purpose of reviewing private hauler
compliance with the permitting and regulatory requirements.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
AS AMENDED
February 4, 2010
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 18, 2010
\~p(~
Frank V. Hibbard
Mayor
Attest:
Camilo A. Soto
Assistant City Attorney
thia E. Goudeau
Clerk
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Ordinance No. 8131-10