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2021-18 Code Amendment - Garbage Collection and DisposalORDINANCE NO. 2021-18 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, "GARBAGE TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING DIVISION 2, "GARBAGE COLLECTION AND DISPOSAL," TO REMOVE REFERENCES TO COMMERCIAL AND RESIDENTIAL FEES FROM THE CODE AND REMOVE AND MODIFY OUTDATED PROVISIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff recommended amendments to Chapter 14 of the Village Code of Ordinances to: remove references to commercial and residential fees in the Code; remove mandatory levels of service for commercial collections; and remove and modify outdated provisions; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests of the health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Chapter 14, "Health and Sanitation," Article II, "Garbage, Trash and Refuse," of the Village Code of Ordinances by amending Division 2 to read as follows (additional language is underlined and deleted language is strieke + tIff .ugh : DIVISION 2. GARBAGE COLLECTION AND DISPOSAL Sec. 14-23. Definition. As used in this division, "commercial garbage" shall mean every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl, fruits or vegetables, and any other matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ -carrying insects. Sec. 14-24. Garbage cans—Required. Garbage containers at each commercial establishment within the village and at each multifamily dwelling which contains three (3) or more units shall provide dumpster-type garbage containers which can be collected by village garbage vehicles using the dumpster collection method. Page 1 of 6 Sec. 14-25. Same—To be kept covered. All commercial garbage cans shall be kept tightly covered at all times, except when necessary to lift the covers for the purpose of depositing garbage in the garbage can or for the purpose of emptying such garbage into a garbage truck. .IFIMFIIMI�.- ..i .- . �.. -- .: W1.0 WA -- - - - :MANk AS .� &VJL 1. - :- W&MU - - - - - IMMEJO M&M WAq 0 V U :- .. .... .. : . . ... . . ME . .. . -- -- . . . .: - -- -- - - - .. .. . . . MIRTM . �.. -- .: W1.0 WA -- - - - :MANk AS .� &VJL . - - ._ _. Page 2 of 6 Sec. 14-3826. Commercial use property waste disposal fees and collection procedures. (1) For purposes of this section, commercial use property shall include all property parcels in the village upon which a building exists with the exception of residential use property, village -owned property and other property used for governmental purposes. (2) Annual disposal fees for garbage and trash and all other refuse collected by the Village of North Palm Beach shall be charged as provided in the master fee schedule adopted annually as part of the village budget, except as otherwise stated. (3) Waste disposal fees shall be due and payable to the village yearly in advance on October 1 of each year regardless of occupancy or use of the property charged. The fees shall be billed to the property owner of record as shown on the county tax rolls. Failure to pay the fees when due may result in the discontinuance of the waste removal service and/or the placing of a lien by the village council in the amount of the fees due against the property to which service is available, and/or action by the village code enforcement board special magistrate. (4) The collection of garbage and trash by a private person, firm, or corporation hired for such purpose is prohibited except where the village is unable to meet service demands. Page 3 of 6 Sec. 14-3127. Collection of residential yard waste. (a) Definition. For the purposes of this section, yard waste shall include grass clippings, leaves, shrub trimmings, palm fronds and tree limbs. Yard waste shall not include dirt, rocks and similar materials removed from property utilizing mechanical equipment or other waste resulting from land clearing activities. (b) Requirements for collection. (1) Loose yard waste. Loose yard waste, such as grass clippings and leaves, shall be placed in cans that are no greater than the standard thirty-two (32) to fifty (50' gallon cans or sealed plastic bags, with each container weighing less than fifty (50) pounds. (2) Branches, tree limbs, shrub clippings and palm fronds. a. All branches, tree limbs, shrub clippings and palm fronds shall be cut into lengths not exceeding four (4) feet prior to being placed in the swale for collection. Each single item shall weigh less than fifty (50) pounds. b. On any scheduled yard waste collection day, branches, tree limbs, shrub clippings and palm fronds shall be limited to one (1) pile not exceeding right (8) cubic yards, measuring approximately four (4) feet wide by fifteen (15) feet long by four (4) feet tall. (3) No property owner shall generate yard waste for collection once any portion of the village has been placed under a hurricane or tropical storm watch or warning by the national hurricane center of the national oceanic and atmospheric association (NOAA). (4) All providers of commercial tree trimming and/or landscape maintenance services retained to perform services within the village shall be registered with the village's community development department and shall be required to remove all yard waste generated by such tree trimming and/or landscape maintenance activities. For the purpose of this section, a provider of commercial tree trimming and/or landscape maintenance services shall be defined as a person, group of persons, or entity that routinely engages in, and markets itself as a provider of, such services for a fee. (c) Violations. The provision of this section shall be enforced by the village's public works department and/or the code compliance division or dam. Each performance of any act prohibited by this section or Page 4 of 6 failure to perform an act required by this section shall constitute a separate offense. (d) Assessment of costs. (1) In addition to any fines imposed through the code enforcement process for violations of this section, property owners shall be required to pay the costs associated with the collection of. (i) yard waste in excess of the maximum amount set forth in subsection (b)(2) above; (ii) yard waste placed for collection as prohibited by subsection (b)(3) above; or (iii) yard waste placed for collection by persons, corporations or firms paid a fee to perform tree trimming or landscape maintenance activities as prohibited by subsection (b)(4) above. The village council shall establish a schedule of such costs by resolution. (2) The village manager or village public works director shall certify the amount of the costs and mail such certification to the property owner via certified mail, return receipt requested, and regular U.S. mail. The property owner shall have fifteen (15) days from the date of mailing in which to pay the costs or challenge the imposition and amount of the costs by requesting a hearing before the village code enforcement board special magistrate. (3) If the property owner fails to pay the costs or if the property owner requests a hearing and the boa -rd special magistrate decides adversely to the property owner, the village shall assess the costs against the property owner and record the assessment in the public records. The recording of the assessment shall create and constitute a lien against such property for the amount of the assessment, payable to the village. (4) The assessment shall bear interest at the current legal rate of interest per annum as provided by law and shall constitute a lien upon the land from the date of the recording of the assessment. Lien assessments may be enforced by civil action in the appropriate court of competent jurisdiction. The lien shall continue in full force until discharged by payment or otherwise or until settled and released by the community development director or the village manager. Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Page 5 of 6 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 8TH DAY OF SEPTEMBER, 2021. OND, FINAL READING AND PASSED THIS 23,'D DAY OF SEPTEMBER, 2021. P��- RTN: „ �411age Seal) FLORIDA Cn '.TEST. ; GE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 6 of 6 AYOR