Item Coversheet
Commission Agenda Item
 

MEETING DATE:  9/26/2016

SUBJECT:  Ordinance 16-17; Second and Final Reading, Amending and Restating in Total Chapter 30 - Solid Waste

PREPARED BY:  G.B.Wilson, Compliance and Risk Management Director

RECOMMENDED ACTION:

Adopt Ordinance 16-17 on second and final reading.

 

Summary

Chapter 30, Residential and Commercial Solid Waste, was first adopted in 1967 and partially amended in only six separate years over nearly 50 years. The Chapter is out of date and is, for example, in conflict with several sections of the City Commission subsequently adopted International Property Maintenance Code.

 

City staff also reviewed Chapter 30 with focus on bringing definitions in Sec. 30-1, the first section, in line with the existing City contract with the provider of residential solid waste service and the language of commercial solid waste franchises. Language changes were required to accommodate the new residential cart system and to modify, extend and facilitate renewal of commercial service franchises.

 

The review of Chapter 30 also revealed that a copy of the existing Residential Solid Waste Contract, executed in 2008 is included in the Codification of the City Code of Ordinances adopted September 27, 2010. The Contract is out of date, absent the last three amendments since its execution and, as a contract concerning the daily business of the City, not appropriate for inclusion in the City Code of Ordinances.

 

Staff has included in Ordinance 16-17 a provision to remove the contract from the franchise section of the Appendix of the Code of Ordinances.

 

The City Commission directed at the First Reading of this Ordinance at the scheduled City Commission Meeting held September 12, 2016, that language be added to expand and clarify Section 30-35 , Use and Placement of Containers. The following sentence in Section 30-35 was, therefore, amended to read:

 

"The containers shall be removed and kept, except during the hours herein permitted for the placement of containers for collection, at a location screened by a building, solid fence constructed of wood, masonry, stone, non-reflective metal or similar materials, or  opaque evergreen landscaping, to block view of containers from any contiguous property or any public street. It shall be unlawful and punishable as herein provided for any owner or occupant to place, permit the placing of or allow the location of garbage, household trash, or containers in any location or at any time not provided for in this section."

 
FINANCIAL IMPACT: No
BUDGETED: No
 
COMMISSION GOALS:
Economic Development, Strengthen Community Services

 
ATTACHMENTS:
Description
Ordinance 16-17 Solid Waste Strikethrough and Underline
Ordinance 16- 17 Solid Waste Final
Advertisement Second Reading
Ordinance 16- 17 SIGNED