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REMOVE AND MODIFY OUTDATED PROVISIONS; PROVIDING FOR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mandatory levels of service for commercial collections; and remove and modify outdated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.
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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.
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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.
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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
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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.
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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.
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�411age Seal)
FLORIDA Cn
'.TEST. ;
GE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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AYOR