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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