Ordinance No. 55-12-36 v ORDINANCE NO. 55 -12 -36
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 16, SOLID WASTE AND
RECYCLING, ARTICLE II. FRANCHISE AGREEMENT
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. The following sections of the Code of Ordinances of the City of
Atlantic Beach, Florida, Chapter 16. Solid Waste and Recycling, Article II. Franchise
Agreement, are hereby amended to read as follows:
Sec. 16 -18. Private Refuse Collectors: Collection of Commercial Recycling and
Construction and Demolition Debris
All persons and organizations desiring to engage in the business or activity of
collecting Construction and Demolition (C &D) materials or commercial recycling within
the City shall, as a prerequisite to doing so, obtain a Construction and Demolition and/or
Recycling Collection Franchise Permit from the City Manager or his designee. No
person or organization shall engage in such business or activity within the City without
first having obtained such a permit. This service will be performed under a separate
contract between the Contractor and the user. The Contractor will bill the user directly
for delivery, rental, collection and disposal. The rates for this service shall be agreed
upon in advance including per pull and delivery costs, and costs for disposal. Contractors
will pay a 20% Franchise Fee to the City and will submit the Fee to the City quarterly.
Contractors shall provide the City records identifying the address, volume of collection,
and such other information as requested by the City on the first (1st) of each month.
Sec. 16-19. City's collection exempt from Sections 16.10 through 16.18.
The provisions of these sections shall not apply to refuse, C &D materials or
recycling collection services performed by the City whether directly or indirectly or by
contract. The City's franchise service provider is exempt from this article.
Sec. 16.20. Application: fee action by City Commission
Persons other than the City's franchise Contractor desiring Construction and
Demolition or Recycling Collection Permits shall complete and submit to the City
Manager or his designee a Franchise Application form, together with an application fee in
the amount of Two Thousand Five Hundred and 00 /100s Dollars ($2,500.00). The form
of application shall be prescribed by the City Manager and furnished to applicants by the
City Manager or his designee. Sufficient information shall be provided to give the City
reasonable assurance that proposed hauling activities will not create noise, dust, odor,
litter or other noxious conditions, that materials collected will be properly disposed of at
authorized facilities and that the applicant has sufficient resources to carry out the
proposed hauling activities. Any permit granted by the City Manager pursuant to this
section shall not exceed one year in term.
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Sec. 16.21. Issuance of permit.
The City Manager or his designee shall issue Franchise Permits for Construction
and Demolition or Recycling Collection subject to the following requirements.
Sec. 16 -22. Permit requirements and rules.
All Franchise Permit holders shall comply with the following requirements
and rules:
(a) Liability insurance. Each permit holder shall secure and maintain a public
liability insurance policy in the amount of not less than $1,000,000.00 for one
(1) person injured, and $2,000,000.00 for more than one (1) person injured, and
property damage liability insurance of not less than $1,000,000.00. In addition
each permit holder must secure a total umbrella insurance policy of not less than
$1,000,000.00. All policies must have the City listed as additional insured.
Evidence of such insurance shall be deposited with the City Manager or his
designee prior to issuance of the permit. Upon request by the City, the
permittee shall produce evidence of such continued coverage during the
term of the permit.
(b) Equipment. Permit holders within the City limits shall use only packer -type
equipment or appropriate trucks for safely hauling roll -off type containers.
(c) Sanitary conditions. Each permit holder shall clean the trucks and all
containers from which they collect refuse as needed, but in no event less
than once each month.
(d) Customers. Permit holders shall serve only those customers who have signed an
agreement for services provided. Such agreement shall specify the fee to be
charged and any extra charges that may occur as a result of services being
provided.
(e) Identification of equipment. Each permit holder shall place and maintain the
name, telephone number and permit number in a conspicuous place and
display the same in a conspicuous manner on each vehicle operated by the
company and each container serviced by them within the City.
(f) Inspection. The City shall have the right to inspect all equipment used and all
containers serviced by permit holders within the City. In the event any such
equipment or containers are determined to be unsafe or unsanitary, the
permit holder shall have twenty -four (24) hours after notice of the deficiency
within which to correct the deficiency. The permit holder shall have the right to
appeal the decision of the City's inspector to the City Commission. The safety
requirements referred to are not meant to suspend any other requirement of
the City code or state law.
(g) Personnel. Each permit holder shall devote sufficient personnel, time and
attention to his refuse operation to assure a sanitary and safe operation within
the City. To this end, the permit holder shall employ competent and sober
personnel within the City. The permit holder shall employ no person convicted
of a felony crime within two (2) years. Each permittee will prepare a written
policy as part of its application, addressing hiring and retention of its employees
with regard to driving violations and random testing for use of illegal substances.
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(h) Compliance with laws. Each permit holder shall comply with all applicable
state and federal laws and regulations and especially those relating to
wages and hours, and all other applicable laws pertaining to employment
and protection of employees, now or hereafter in effect.
(i) Disposal of construction and demolition materials and recyclables. Each
permit holder shall dispose of all construction and demolition materials or
recyclables collected within the City at an approved and licensed disposal
site. An alternate site may be used if approved the City Manager or his
designee.
(j) Permit Renewal. Fee for renewing an active permit shall be one thousand five
hundred dollars ($1,500.00) for one year. Documentation of continued
insurance coverage is required for permit renewal. If the Franchise permit
expires, the full application, including fee, will be required.
Sec. 16 -29. Enforcement
The Police Department, the Public Works Department, the Commission, the City
Manager or his designee, the Building Official and the Code Enforcement Officer, shall
enforce this chapter. All parties herein referred to are hereby authorized to sign
complaints for a violation of this chapter.
Sec. 16 -30. Violations and penalties.
The violation of any provision of this chapter shall be punished by a fine of two
hundred fifty dollars ($250.00) per day. Each calendar day may be considered a separate
violation. Said fine may be imposed on both the Contractor or Property Owner hiring the
non - Franchised hauler and against the hauler for placing an unauthorized container
within the City Limits of Atlantic Beach.
SECTION 2. This Ordinance shall take effect immediately upon its final passage
and adoption.
PASSED by the City Commission on first reading this 13th day of August 2012.
P SSED by the City Commission on second and final reading this °?' day of
2012.
A "1'1 "EST:
Donna L. Bartle, CMC Louis Borno, Jr.
City Clerk Mayor, Presiding Officer
Approve...: to form and correctness:
. C. ensen, Esquire
Ci , A • orney
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