Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
title
Ordinance 23-28, Public Hearing, An Ordinance Amending Chapter 50, of the City’s Code of Ordinances Relating to Solid Waste and Recyclable Materials Collection Service, Solid Waste Code Violation Enforcement, Solid Waste Citations and Civil Penalties
body
Submitted By: Carmen A. Capezzuto, Director of Neighborhood Services
Strategic Plan Link: The City’s Mission to provide exceptional municipal services.
Executive Summary (General Business): In response to an increase in solid waste code violations observed throughout the city since the inception of city’s new franchise hauler, it is necessary to update the city’s Solid Waste Ordinance to authorize a civil process to enforce compliance with the solid waste collection code. The revised ordinance includes updated definitions, updated prohibited acts, establishment of an enforcement process, penalties, and alternate remedies, and other changes to clarify any ambiguous language present in the current version of the solid waste ordinance.
Presentation Information: Presentation by Carmen A. Capezzuto, Neighborhood Services Director, estimated at 10-minutes.
Staff Recommendation: Move that the Council adopt the ordinance as presented.
Alternate Recommendations:
1. Move that the Council amend the recommendation and propose additional changes to the attached solid waste ordinance and direct staff to modify the document for approval on the Second Reading of Ordinances on April 10, 2023.
2. Move that the Council not approve the changes to the ordinance and provide staff direction.
Background: In response to an increase in solid waste code violations observed throughout the city since the inception of the city’s new franchise hauler, Council directed the Department to establish an enforcement process for solid waste code violations. Per city code and pursuant to Florida Statute Chapter 162, code enforcement violations are enforced, noticed, and heard through a special magistrate. Typically, the process for disposition of a code violation occurs over a period of thirty (30) days or more.
The Department has observed an increase in violations of the solid waste code from carts continuing to remain curbside after collection, garbage improperly prepared and placed, bulk and yard waste set out on non-collection dates, and egregious accumulation of solid waste on a non-collection day. The Department has been limited to the removal of only egregious bulk waste and/or move out piles under its emergency authority.
Given the nature of solid waste code violations and the need to remedy the violation to avoid threats to public health, safety, and welfare, an enforcement process that permits a quicker response and remedy is necessary. Enforcement of the solid waste code violations will require a civil enforcement process that authorizes an expedient but efficient method for adherence to the city’s requirement for solid waste collection and disposal.
Issues/Analysis: In summary, ordinance changes include: a revised definition section that is consistent with the new Franchise Agreement and enforcement provisions; further defining prohibited acts; establishing an enforcement provision which includes authorizing solid waste citations for prescribed solid waste code violations; authorizing the appeal of citations to special magistrates; authorizing the city to correct the violation when the violation has not been corrected; authorizing the city to abate the violation in emergency situations; setting forth civil penalties for solid waste offenses; and setting forth alternate enforcement and remedies including judicial remedies to recover costs, enjoin and prohibit violations or compel the performance of actions as warranted.
Financial Information: N/A
Special Consideration: N/A
Location of Project: City-wide
Attachments: 1. Proposed Ordinance Revisions
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: N/A
Legal Sufficiency Review:
Reviewed by Camille Wallace, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.