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Item 7BAGENDA ITEM # 7B JUNE 9, 2008 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: An Ordinance correcting Chapter 16, Solid Waste And Recycling, of the Municipal Code of Ordinances of the City of Atlantic Beach, Florida; and establishing an effective date. SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: June 2, 2008 ~~ BACKGROUND: At the May 27'h meeting, the Commission directed Staff to prepare a revision to Chapter 16 which includes several proposed changes incorporated into the March 2007 rewrite that were inadvertently left out of the final version of the Ordinance. Attachment 1 is the current ordinance, with the proposed changes underlined for clarity. These changes were included in the first reading of Ordinance No. 55- 07-31, but omitted when the ordinance came to the Commission for second reading. BUDGET: No budget impact. Garbage, yard waste and recyclable collection is funded from account 420-4201-534-3401 (Pick-up and Haul Contract). RECOMMENDATION: Staff recommends the Commission approve Chapter 16 with the changes. ATTACHMENTS: 1. Underline correction version of Ordinance REVIEWED BY CITY MANAGER: June 9"', 2008 Regular Meeting AGENDA ITEM # 7B JiJNE 9, 2008 ORDINANCE NO. 55-08-33 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 16, SOLID WASTE AND RECYCLING, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 16. Solid Waste and Recycling The following sections of the Code of Ordinances of the City of Atlantic Beach, Florida, are hereby amended to read as follows: (1) "Sec. 16-1. Definitions" Yard waste receptacle shall mean every receptacle equal to those specified above as residential and commercial solid waste, rubbish or refuse c-at~ containers or plastic bags having a capacity not in excess of forty (40) gallons and of sufficient physical strength to hold and contain their contents while being lifted and handled during collection. (2) "Sec. 16-3. Garbage and trash containers" (b) Set out and storage. No person shall place a container or yard waste in front of a residential unit in which he does not reside. Nor shall containers or yard waste be placed in a city park or right of way adjoining a park or in a road median. Garbage containers set out for garbage collection shall be placed at the curb of the street from which garbage service is rendered except as otherwise provided herein. Garbage and yard waste containers shall be set out no earlier than 6:00 p.m. the day prior to collection and shall be returned to their regular place of storage no later than 12:00 midnight on the day of collection. Yard waste such as leaves or rass cli pins shall be set out in a yard waste rece tacle Bulk (uncontainerized) yard waste such as tree limbs or palm fronds may be set out when generated Garbage container blinds, which are in architectural harmony with the building, or underground containers, may be placed anywhere between the building and the street from which garbage service is rendered, but in no case shall they be located on public right of way or public property. If garbage is stored underground or behind a garbage container blind that is not located at the curb, the garbage container must be moved to the curb for pickup. Any residence or commercial unit to which this section creates a hardship to either the resident of the property or the franchisee for placement of containers for garbage service shall apply to the Public Works Director or his designee, who shall thereupon determine the location at which garbage containers shall be placed. Garbage containers located other than as described in this section shall not be emptied. In cases where lots run from street to street, the provisions of this section applicable to front yards shall also apply to rear yards. (c) Inspection and approval. Only toters supplied by the City or the Cites Franchisee may be used for household garbage. ^" ~~ * ' Receptacles used for yard trash shall be subject to inspection and approval or condemnation by the Public Works Director Appeals of his decisions maybe made to the City Manager. Ordinance No. 55-08-33 Page 1 of 2 AGENDA ITEM # 76 JiINE 9, 2008 (d) Dumpsters required. All Commercial units, other than Commercial Hand pickup, and Multi-family Residential units shall be required to have a commercial dumpster for disposal of garbage and trash. It shall be the duty of the Public Works Director to determine the size dumpster required. Dumpsters shall not be filled past the maximum fill line. In cases where a commercial or multi-family unit is routinely overfilling the dumpster, the Public Works Director may direct an increase in either frequency of collection or container size. Appeals of his decisions may be made to the City Manager. The Public Works Director will approve requests from Commercial and Multi-family Residential units for mechanical compacting dumpsters. Rates for these services will be set by Ordinance. Dumpster enclosures meeting design standards provided by the Public Works Director are required for all new or redeveloped commercial and multi-family residential units. Owners and residents with dumpsters are required to keep installed gates closed at all times except when necessary for access. (3) "Sec. 16-5. Hazardous or Electronic Waste" The City holds twice-yearly hazardous waste collection events at City Hall, which include collection of electronic waste (e-waste). Otherwise, Duval County residents may recycle electronic waste at the City of Jacksonville Household Hazardous Waste Facility at 2675 Commonwealth Ave. Hours of operation are Tuesday through Saturday, 8 a.m. until 5 p.m. The facility is closed on Sunday and Monday. For more information, call 387-8847. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2008. PASSED by the City Commission on second and final reading this day of 2008. ATTEST: Donna L. Bartle, CMC City Clerk Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney John S. Meserve Mayor, Presiding Officer Ordinance No. 55-08-33 Page 2 of 2