§ 8-35. Private collection services for residential construction and demolition debris and waste.
(1)
Permit. No person shall remove or transport construction and demolition debris and waste from single-family and multi-family residential construction sites over the streets or public rights-of-way of the city or its real property for hire or salvage without first applying for and receiving from the city a permit for hauling residential construction and demolition debris and waste. Residential construction and demolition debris and waste for the purposes of this section includes recyclable construction material. The permit required by this section shall be in addition to and not satisfied by any occupational license which may be required.
(2)
Application. Applications for a permit required by this section shall be made to the city upon such form and in such manner as prescribed by the city. The application shall be in such form to elicit the following information and such other information as may be required from time to time:
(a)
Character of applicant. The applicant for a permit, if an individual, or in the case of a firm, corporation, partnership, association or organization, any person having any financial, controlling or managerial interest therein, shall be in good standing. In making such determination, the following information, which shall be submitted by the applicant, shall be considered:
1.
If the applicant is a partnership or corporation, the name and business address of the principal officers and stockholders and other persons having any financial or controlling interest in the partnership or corporation. Provided, however, that if the corporation is a publicly owned corporation having more than twenty-five (25) shareholders, then only the name and business addresses of the local managing officers shall be required.
2.
If the applicant is an individual, a record of all convictions and the reasons therefor shall be provided by the applicant. If the applicant is other than an individual, then the record of all convictions and the reason therefor of the principal controlling officers of the applicant shall be provided. Provided, however, that in the case of a publicly held corporation having twenty-five (25) or more shareholders, then only the aforementioned information applicable to its local managing officers shall be required.
3.
Whether such applicant has operated a solid waste collection-removal business in this or another state under a franchise, permit or license and, if so whether such franchise, permit or license has ever been revoked or suspended and the reasons therefor.
4.
If the applicant is a corporation, the applicant shall submit proof of incorporation in good standing in the State of Florida and, if a foreign corporation, the applicant shall provide information certifying that the applicant is qualified to do business in the State of Florida. If the applicant is other than a corporation and is operating under a fictitious name, the applicant shall be required to submit information that such fictitious name is registered in the State of Florida and held by the applicant.
(b)
Equipment and method of operation.
1.
The applicant for a permit shall possess equipment capable of providing safe and efficient service. In making such a determination the following will be considered and the applicant shall furnish to the building department information as to:
a.
The type and number of pieces of equipment to be used.
b.
A description of the method of collection and removal to be employed.
c.
License plate number for each vehicle.
d.
Commercial drivers license numbers for operators of vehicles.
2.
All portable waste containers (dumpster or roll-off), shall be imprinted with the owner's name in block letters which are at least two (2) inches high.
(c)
Signatures; submission. An application for a permit for hauling residential construction and demolition debris shall be signed by the individual submitting the application or, in the case of a corporation, by a corporate officer thereof or, in the case of a partnership or other association, by a member of the partnership or association. Provided, however, that for a publicly held corporation which has twenty-five (25) or more shareholders, the signatures of the local managing officer shall be sufficient. The completed application shall be submitted to the director of the building department.
(d)
Upon providing the necessary information, applicants shall be entitled to a permit for a period of up to one (1) year from the date of issuance; provided, however, the permit shall be for the period of October 1 through September 30 of each calendar year. The following requirements must be met:
1.
The applicant has paid the city the permit fee as required by this section.
2.
The applicant has furnished proof of insurance as required by this section.
3.
The applicant has executed a license agreement with the city, which shall include, but is not limited to a condition, that the applicant shall dispose of all residential construction debris and waste at designated locations, hours of collection, indemnification provisions, termination provisions, collection equipment, and insurance provisions, and a condition that all such disposal shall be in accordance with all federal, state and local laws and ordinances. Such agreement shall be executed on behalf of the city by the director of the building department.
(3)
Annual permit fees. The applicant shall pay the city the annual permit fee of three thousand dollars ($3,000.00). For each permit obtained between October 1st and March 31st, the full fee for one (1) year shall be paid. For each permit obtained from April 1st to September 30th, one-half (½) of the full fee for one (1) year shall be paid. A decal issued by the city shall be affixed on the windshield (driver's side) on each waste hauler vehicle operated within the city.
(4)
Insurance requirements. Before commencing service under a license agreement to haul residential construction and demolition debris and waste, each licensee shall maintain insurance as required by city and shall furnish proof of insurance to the city's risk manager.
(5)
Renewal. Upon the recommendation of the director of public works, or his designee, a permit for the collection of residential construction debris and waste required by this section may be renewed from year to year by the director of the building department. Any such renewal shall be subject to the same terms and conditions applicable to the issuance of the permit as specified in this section.
(6)
Transferability. No permit issued pursuant to this section may be assigned or transferred.
(7)
Impoundment of vehicles.
(a)
A vehicle may be removed and impounded by enforcement personnel when a person continues to use a vehicle for the collection of residential demolition and construction debris under the following conditions:
1.
The permit issued to the waste hauler has been revoked by the city in accordance with the provisions of this section of the code; or
2.
The waste hauler has been issued a written warning for operating without the required permit, has been allowed ten (10) calendar days to apply for and receive the required permit and continues to operate without a permit.
3.
The waste hauler, has been issued a citation, after the written warning, and continues to operate without a permit.
Loading of such waste material into a portable waste container or on a truck or trailer licensed for road use shall be deemed to constitute collection.
(b)
Any vehicle removed or impounded shall be taken to a garage which has been designated and is maintained by the city for the storage of impounded vehicles.
(c)
The charge for towing or removal of any vehicle under this section and storage charges shall be based upon the actual expenses incurred in such towing and storage and shall be payable by the owner of such vehicle. If towing or storage is accomplished by the city, the cost thereof shall be a reasonable cost.
(d)
Whenever enforcement personnel remove an impounded vehicle as provided in this section, such personnel shall give notice to the owner of such vehicle of the fact of such removal, the reasons therefor and the place to which the vehicle has been removed. Provided, however, that if it is not possible to ascertain the name and address of the owner, then in that event enforcement personnel shall send a written report of the removal and impoundment to the commissioner of motor vehicles of the state and shall file a copy of such notice and report with the proprietor of the garage in which the vehicle, the date, time, and place it was impounded, the reasons for such removal and impoundment and the name of the garage or place where the vehicle is stored.
(e)
Any vehicle impounded pursuant to this section may be held by the city for a period of time not to exceed sixty (60) days; provided, however, that a vehicle shall be released when the owner thereof obtains a permit or has a revoked permit reinstated.
(f)
Vehicles shall be released upon the approval of the city manager. No vehicle shall be released until all expenses for towing and storage are paid. Any vehicle impounded and stored by the city and which is not claimed and removed by the owner thereof upon the expiration of a sixty-day period of time may be sold at public auction and the proceeds applied to towing and storage costs.
(8)
Violation; penalty.
(a)
Violation. Each violation of this section or any of its subsections is deemed a separate and distinct infraction of this Code; however, for the first violation of operating without a permit, the waste hauler shall be given a written warning and allowed ten (10) calendar days to apply for and receive the required permit.
(b)
Penalty. Any person who violates any provision of this section shall be punished as provided herein:
1.
Fine. Each violation of this section shall be punishable by a minimum civil penalty of two hundred fifty dollars ($250.00). A maximum civil penalty of five hundred ($500.00) may be assessed plus the costs associated with investigation and prosecution together with any equitable remedies deemed reasonable and proper by the court.
2.
Revocation. The violation of any of the terms and conditions of this section or the violation of any of the terms and conditions of the agreement required pursuant to this section may be cause for revocation of the permit. The city manager may revoke a permit for a violation as aforementioned and may immediately declare such permit null and void, and, upon such declaration, the hauler issued the permit shall immediately cease all operations and shall be considered to have forfeited such permit and the rights acquired thereunder. Should the city manager decide to revoke a permit, he shall provide the hauler with notice of such revocation and the reasons therefor. Such notice shall be sent certified mail, return receipt requested. Upon receipt of such notice, the hauler may appeal such revocation to the city commission, and the appeal and hearing thereon shall be conducted in accordance with the following procedures:
a.
Should a hauler seek appeal from the revocation of the permit, the applicant shall furnish notice of such request for appeal to the city clerk no later than twenty (20) calendar days after the date of receipt of the certified letter advising applicant of revocation of the permit.
b.
Upon receipt of a request for appeal, the city clerk shall thereupon fix the date and time at which the city commission shall hear the appeal, such hearing to be held not less than ten (10), nor more than sixty (60) calendar days subsequent to the date upon which such request for appeal was filed with the city clerk. Upon setting the matter for hearing, the city clerk shall notify the applicant of the date and time of such hearing. At the conclusion of the hearing, the city commission shall either sustain the decision of the city manager or direct the city manager to issue a permit.
3.
Other enforcement. Nothing in this section shall prohibit the city from enforcing this section by other means.
(9)
Effective October 1, 1993, a permit as described herein must be held by all haulers who provide collection services for residential construction and demolition debris and waste and all haulers shall enter into a license agreement with the city.
(Ord. No. 93-135, § 1, 9-7-93)