Any person owning real property abutting upon any street in the city shall keep that part of the street between the property line and curblines of the street upon which such property abuts in a clean and sanitary condition and free from litter or trash of any kind.

(Ord. No. 94-0-13, § 2, 4-25-94; Ord. No. 22-O-01, § 1, 1-10-2022)

State Law reference— Nuisances injurious to health, § 386.04, Florida Statutes.

Editor's note— Ord. No. 22-O-01, § 1, adopted January 10, 2022, repealed § 9-97, which pertained to food and industrial waste and derived from Ord. No. 94-0-13, adopted April 25, 1994.

The purpose and intent of this article is to prohibit the discarding, abandoning, or accumulating of garbage, trash, junk, debris, or other abandoned property within the incorporated areas of the city except at duly authorized and maintained disposal sites.

(Ord. No. 94-0-13, § 2, 4-25-94; Ord. No. 22-O-01, § 1, 1-10-2022)

For the purposes of this article the following words shall have the meanings indicated unless their context clearly requires otherwise:

Abandoned property means wrecked or derelict property having other than nominal salvage value, if any, and which has been left abandoned and unprotected from the elements and shall include inoperative or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, and other similar articles.

Debris means fragments of or accumulations of pieces of metal cloth, rubber, plastic, lumber, or any other natural or manufactured mineral or vegetative matter.

Enforcement officer means the building and zoning official of Crystal River or his duly authorized assistants.

Garbage means any waste parts or food or other discarded animal or vegetable matter subject to bacterial decay.

Junk means pieces or parts or discarded whole units of metal, rubber, plastics, glass, lumber, or other objects manufactured either from mineral or vegetative materials.

Public property means lands and improvements owned by the federal government, the State of Florida, the county, or municipalities, lying within the city limits, and includes buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way, and other similar property.

Trash means broken parts of trees, pruning, clippings, or any other pieces or fragments of vegetative matter.

(Ord. No. 94-0-13, § 2, 4-25-94; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

The discarding or accumulation of debris, junk, trash, garbage or abandoned property upon any public or private property within the city other than at places specifically designated as garbage dumps or disposal areas, is hereby prohibited.

(b)

The storage or parking of any inoperative, unregistered or partially dismantled motor vehicle, trailer, or boat on any public or private property, outside of a completely enclosed building, is hereby prohibited.

(Ord. No. 94-0-13, § 2, 4-25-94; Ord. No. 03-0-11, § 1, 4-28-2003; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

Junk yards. The accumulation of junk, debris, or other abandoned property may occur within the confines of lawfully established junk yards, wrecking yards, storage yards or other establishments which are legally licensed and zoned for the operation of such types of business and which fully comply with all federal and state laws and regulations pertaining to operation of such businesses. The yard shall be enclosed with a six (6) feet high opaque privacy fence.

(b)

Repair businesses. Partially dismantled motor vehicles, boats and trailers actively undergoing repair may be parked outside of a completely enclosed building on the premises of any establishment located in a nonresidential zoning district, which is lawfully conducting a business of repairing such motor vehicles, boats, or trailers.

(c)

Private disposal. Owners of property may dispose of on private property items as set forth in these regulations providing such disposal is carried out in accordance with the provisions of Chapter 170 C-10 of the Sanitary Code of Florida and with the approval of the Citrus County Health Department.

(Ord. No. 94-0-13, § 2, 4-25-94; Ord. No. 03-0-11, § 1, 4-28-2003; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

Upon notice from an enforcement officer of the city, the owners of property upon which there are accumulations of debris, trash, junk, garbage or abandoned property shall remove the same within the time allotted by such notice. Upon failure of the owner to do so, the enforcement officer may cause the same to be removed and the cost of such removal shall be charged to the owner. Such charge until paid shall be a lien upon the property when notice thereof is recorded on the public records of Citrus County.

(b)

Abandoned articles on public property.

(1)

Whenever an enforcement officer of the city shall ascertain that an article or articles of abandoned property are present on public property within the limits of the city, the officer may, in addition to any other code enforcement action authorized in this code, cause a notice to be placed on such article(s) in substantially the following form:

NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY

This property, to-wit (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location) and must be removed within ten (10) days from date of this notice, otherwise it shall be presumed to be abandoned property and will be removed and disposed of by order of the City of Crystal River. If you wish to appeal this notice, you must do so in writing at the office of the city manager, 123 N.W. Hwy. 19, Crystal River, FL, within ten (10) days of the date of this notice. Dated this: (setting forth the date of posting of notice). Signed: (setting forth name, title, address, and telephone number of enforcement officer).

(2)

Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the enforcement officer shall make reasonable effort to ascertain the name and address of the owner and if such is reasonably available to the enforcement officer, the officer shall mail a copy of such notice to the owner on or before the date of posting.

(3)

If at the end of ten (10) days after posting such notice the owner or any person interested in the abandoned article or articles described in such notice, has not removed the article or articles from public property and has not filed a timely appeal of the notice requiring such removal to the city manager, the enforcement officer may cause the article or articles of abandoned property to be removed and disposed of and the salvage value, if any, of such article or articles shall be retained by the city to be applied against the cost of removal and disposal thereof. If an appeal to the city manager is timely filed and denied, the appellant shall have ten (10) days after the denial of the appeal in which to comply with the notice before the article or articles are removed and disposed of by the city.

(c)

Abandoned articles on private property.

(1)

Whenever an enforcement officer of the city shall ascertain that an article or articles of abandoned property are present on private property within the limits of the city in violation of any zoning ordinance or regulation, anti-litter ordinance or other similar ordinance or regulation of the city, the enforcement officer, in addition to any other code enforcement action authorized in this Code, may cause a notice to be placed upon such article(s) in substantially the following form:

NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY

This property, to-wit (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is in violation of (setting forth ordinance or regulation violated) and must be removed within ten (10) days from date of this notice. Otherwise, it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Crystal River. If you wish to appeal this notice, you must do so in writing at the office of the city manager, 123 N.W. Hwy. 19, Crystal River, FL, within ten (10) days of the date of this notice. Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address, and telephone number of enforcement officer).

(2)

Such notice shall not be less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of ten (10) days. In addition to posting, the enforcement officer shall mail a copy of the notice to the owner of the real property upon which the abandoned article or articles are located as shown by the real estate tax records used by the county on or before the date of posting such notice.

(3)

If at the end of ten (10) days after posting such notice, the owner or any person interested in the abandoned article or articles in such notice, has not removed the article or articles and complied with the ordinance or regulation cited in the notice, and has not filed a timely appeal of the notice requiring such removal to the city manager, the enforcement officer may cause the article or articles of abandoned property to be removed and disposed of and the salvage value, if any, of such article or articles shall be retained by the city to be applied against the cost of removal thereof. The cost of such removal, less salvage value, shall be charged to the owner of the property upon which the article or articles were located. Such charge until paid shall be a lien upon the property when notice thereof is recorded on the public records of Citrus County. If an appeal to the city manager is timely filed and denied, the appellant shall have ten (10) days after the denial of the appeal in which to comply with the notice before the article or articles are removed and disposed of by the city.

(d)

Appeals to city manager. Appeals to the city manager filed pursuant to this section shall specify the grounds for the appeal and any reasons why the appellant believes the article or articles to which the notice was attached is not abandoned and is lawfully upon the property on which it is located. The written appeal shall identify the appellant, the appellant's mailing and residence addresses, and day and night telephone numbers where the appellant may be reached. The city manager shall notify the appellant of a hearing day and time by personal service or by regular first class mail to the mailing and residence addresses provided by the appellant. Within five (5) days after the hearing, the city manager shall provide a copy of a written decision upholding or rescinding the appealed notice by personal service or by regular first class mail to the mailing and residence addresses provided by the appellant.

(Ord. No. 94-0-13, § 2, 4-25-94; Ord. No. 03-0-22, § 1, 9-22-2003; Ord. No. 22-O-01, § 1, 1-10-2022)

Any enforcement officer or any person authorized by the enforcement officer shall be immune from prosecution, civil or criminal, for reasonable good faith trespass upon real property while in the discharge of duties imposed by this article.

(Ord. No. 94-0-13, § 2, 4-25-94; Ord. No. 22-O-01, § 1, 1-10-2022)

This chapter, adopted under the provisions and authority of the general laws of Florida, and all sections contained herein, shall be construed as remedial legislation having been adopted in the interest of the public health, safety, and general welfare of the people of the city.

(Ord. No. 04-0-03, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

For the purposes of this article, the following words and phrases shall have the meanings indicated unless their context clearly requires otherwise:

Biohazardous waste: Any solid waste or liquid waste which may present a threat of infection to humans. The term includes but is not limited to nonliquid human tissue and body parts; laboratory and veterinary waste which contains human disease-causing agents; discarded sharps; human blood, human blood products and body fluids. The following are also included:

(1)

Used, absorbent materials, such as bandages, gauzes, or sponges, having the potential to drip or splash with blood or body fluids, from areas such as operating rooms, delivery rooms, trauma centers, emergency rooms or autopsy rooms;

(2)

Devices which retain visible blood adhering to inner surfaces after use and rinsing such as intravenous tubing, hemodialysis filters and catheters. Medical devices used in the treatment of hepatitis B virus or human immunodeficiency virus suspected or positive patients shall be segregated as biohazardous waste;

(3)

Other contaminated solid waste materials which represent a significant risk of infection because they are generated in medical facilities which are for persons suffering from diseases requiring strict isolation criteria and listed by the U.S. Department of Health and Human Services, Centers for Disease Control, CDC Guideline for Isolation Precautions in Hospitals, July/August 1983.

Bulk waste or bulky items: Any waste that requires additional management due to its bulk or weight, including, but not limited to, automobile parts, furniture, bicycles, lawn mowers and white goods.

Call backs or special collection services: Service provided by the city or its contractor on an unscheduled basis at commercial or residential curbside, which is required as a result of customer negligence or an inability of the city to collect the waste at the scheduled time through no fault of the city. Such service shall be considered a special collection service and shall be assessed at the rate specified for such service in accordance with the rate resolution in effect.

City: The City of Crystal River, Florida.

Collection: The process of picking up the solid waste and program recyclables that are set out by a customer and then transporting and delivering the solid waste and program recyclables to a designated facility.

Collection containers: Garbage cans, garbage carts, recycling carts, dumpsters, and/or roll off containers.

Collection services: One (1) or more of the services provided by the contractor for the collection of solid waste and program recyclables pursuant to a contract or franchise agreement. Collection service includes residential collection service and commercial collection service.

Commercial collection service: Garbage collection services provided to hotels, motels, rooming houses, timeshares, business establishments, churches, schools, office buildings, multifamily residential uses utilizing centralized dumpster service, and any other commercial establishments whatsoever except for other residential uses. The term "commercial establishment" shall mean any building devoted to retail or wholesale uses, warehousing uses, institutional uses, religious uses, governmental uses, or other nonresidential uses.

Commercial customer: A person that owns or occupies improved property that does not or should not receive collection services at the curbside from the contractor pursuant to the franchise agreement in effect, which includes hotels, motels, rooming houses, timeshares, business establishments, churches, schools, office buildings, multifamily residential uses utilizing centralized dumpster service, and any other establishments whatsoever except for other residential uses.

Construction and demolition debris: The meaning as set forth in Section 403.703, Florida Statutes, which in general means materials, nonhazardous in nature, from a construction or demolition project, generally considered not to be water soluble, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber.

Contractor: The person or business with which the city has entered into a contract or exclusive franchise agreement to provide collection services in the city.

Curbside: The designated physical location for the placement of refuse accumulations intended for residential service collections and disposal by the city. These designated locations shall be as near as possible to the traveled streets or alleys normally serviced by city collection vehicles, but in no case upon the traveled portion of such streets or alleys. The intention of a curbside designation is to allow collection by the city waste personnel in a rapid manner with walking and reaching being held to a minimum. In all cases, the city shall have the authority to approve or specify the precise location for such curbside placement.

Department: City of Crystal River Public Works Department.

Director: The director of the department.

Dumpster: A steel container with a lid having a capacity of not less than two (2) cubic yards, or more than eight (8) cubic yards, designed to facilitate collection services either by hydraulic lift or cable winch pull-off mechanism.

Dwelling unit: Any type of structure or building, or a portion thereof, intended for or capable of being used for residential living. A dwelling unit includes a room or rooms constituting a separate, independent living area with a kitchen or cooking facilities, a separate entrance, and bathroom facilities, which are physically separated from other dwelling units, whether located in the same structure or in separate structures. However, a room in a licensed hotel or motel is not a dwelling unit.

Exclusive franchise agreement: An exclusive franchise agreement entered into between the city and contractor for the provision of residential collection service and commercial collection service.

Exempt waste: materials that are exempt from the city contractor's exclusive franchise agreement.

Garbage and rubbish (collectively referred to herein as garbage): Refuse accumulation of animal, fruit, vegetable or other matter that attends the preparation, use, cooking, storage of and dealing in meats, fish, fowl, fruit and vegetables and any other matter of any nature whatsoever which is subject to decay, putrefaction and the generation of noxious odors or offensive gases or which during or after decay may serve as feeding and breeding places for flies or other germ-carrying insects; and any bottles, cans, or other containers which, due to their ability to retain water and other elements, may serve as the breeding places for mosquitoes or other water-breeding types of insects. Waste resulting from normal housekeeping activities at a residential customer or commercial customer location including discarded trash, rags, sweepings, packaging, recyclable materials that are not source separated, and similar materials.

Garbage can: A galvanized metal, plastic or other standard can, with a cover to fit, of the type commonly sold as a garbage can, of not less than five (5) nor more than thirty-two (32) gallon capacity and not exceeding, when filled, fifty (50) pounds in weight. Such receptacle shall have two (2) handles upon the sides thereof by which it may be readily lifted for purposes of easily emptying into a garbage truck. The cover shall be tight-fitting and kept in place on the can for the purpose of preventing stenches or other nuisances.

Garbage cart: A garbage container that is made with heavy-duty hard plastic or other impervious material, with an enclosed bottom and sides, mounted on two (2) wheels, equipped with a tight-fitting hinged lid, having a capacity of approximately ninety six (96) gallons or less, and used for the automated or semi-automated collection of garbage.

Hazardous waste: Materials or combinations of material which require special management techniques because their acute chronic effect on air and water quality, on fish, wildlife, or other biota, and on the health and welfare of the public. These materials may include, but are not limited to, volatile, chemical, biological, explosive, flammable, radioactive and toxic materials.

Improved property: Any cleared, graded, or drained property in the city upon which a building or structure is erected and occupied or capable of being occupied (i.e., a certificate of occupancy has been issued) for residential, commercial, institutional, or industrial use.

Land clearing debris: The trees, tree trunks, limbs, stumps, bushes, vegetation, rocks, soil, and other materials resulting from a land clearing or lot clearing operation.

Multifamily residential: Establishments with two (2) or more attached residential units, each with separate cooking facilities, including apartments.

Program recyclables: The recovered materials that are acceptable in the city's program as delineated in the collection services exclusive franchise agreement, and that are separated from the solid waste at the location where they are generated (e.g., residential customers) and then set out for collection at that location.

Recovered materials: Metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled and have been diverted and source separated or have been removed from the solid waste stream for sale, use or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste. A recovered material does not include any material or substance that does not fit within one (1) of the six (6) categories described in this definition (metal, paper, glass, plastic, textile, or rubber). Among other things, construction and demolition debris is not a recovered material.

Recyclable material: Those materials that are capable of being recycled and would otherwise be processed or disposed of as solid waste.

Recycling cart: A container that is made of heavy-duty hard plastic or other impervious material, with enclosed sides and a bottom, mounted on two (2) wheels, equipped with a tight-fitting hinged lid, having a capacity of approximately ninety-six (96) gallons or less, and used for the automated or semi-automated collection of program recyclables.

Recycling: A process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

Residential collection service: Collection services provided to any single-family residence, mobile home developments/subdivisions, and all other residential type dwelling units which do not have consolidated, centralized collection receptacles, and which receive individual curbside collection service, and which are billed individually or on a per unit basis for such service. Residential collection service includes the collection of garbage, program recyclables, yard waste, bulky items, and white goods from residential customers.

Residential customer: A customer that receives collection service at curbside. A residential customer may reside in: (a) a single-family dwelling unit; (b) a duplex, triplex, quadruplex, or mobile home; or (c) a multifamily dwelling that cannot or should not receive collection service with a dumpster or roll off container.

Roll off container: A large metal container (i.e., typically with a capacity of ten (10), twenty (20), thirty (30) or forty (40) cubic yards) used for the collection of solid waste, which is rolled-off of a motor vehicle when the container is placed at a site and then rolled onto the vehicle when the container is ready to be transported to another location.

Single-family residential: One (1) residential dwelling unit in one (1) building.

Solid waste: Sludge unregulated under the federal Clean Water Act or Clean Air Act, Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Solid waste includes biomedical waste, bulky items, construction and demolition debris, disaster debris, electronic equipment, garbage, hazardous material, land clearing debris, radioactive waste, recyclable materials, rubbish, white goods, and yard waste.

Special collection service: Collection service provided on a "call back" or special collection basis or which exceeds the uniform level of service provided, to include the disposal of bulk solid waste or refuse not containerized, under commercial, residential curbside or residential centralized service systems or such service which is provided on an "on call" basis, and for which a special collection service charge is applied.

White goods: Large, discarded appliances (e.g., refrigerators, ranges, washing machines, clothes dryers, water heaters, freezers, microwave ovens, and air conditioners) that are generated by a residential customer on the customer's improved property where the white goods are collected.

Yard waste: Vegetative matter resulting from yard and landscaping maintenance, including but not limited to shrub and tree trimmings, grass clippings, palm fronds, and branches, but does not include land clearing debris.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 05-0-01, § 1, 1-24-2005; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

All solid waste, except for exempt wastes, accumulated in the city shall be collected, conveyed, and disposed of by the city government or a licensed commercial hauler approved by the city via contract or exclusive franchise agreement. No person shall collect, convey over any of the streets or alleys of the city, or dispose of any solid waste accumulated in the city without a written contract with the city. However, nothing in this article shall prohibit the actual producer of the solid waste or the owner of premises upon which solid waste has accumulated from personally collecting, conveying, and disposing of such solid waste on an occasional basis, provided such producers or owners comply with the applicable provisions of this article and with all other governing laws and ordinances.

(b)

Exempt wastes and recovered materials. The following types of exempt waste are not subject to the city contractor's exclusive franchise agreement. These exempt wastes may be collected by the owner or occupant of the improved property where the exempt waste is generated, or by their agent, and taken to any facility that is licensed to receive such materials.

(1)

Land clearing debris.

(2)

Yard waste generated by a commercial lawn care company or plant nursery.

(3)

Roofing materials generated, collected, and transported by a roofing company.

(4)

Recovered materials that are generated on the premises of a commercial customer and source separated by the commercial customer.

(5)

Excavated fill and earthen material.

(6)

Solid waste and by-products generated from an industrial process.

(7)

Liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

(8)

Animal bedding, animal wastes, and other trash and materials resulting from farming, equestrian, or agricultural operations.

(9)

Wrecked, scrapped, mined, or dismantled motor vehicles or motor vehicle parts, including used oil, tires, and lead-acid batteries.

(10)

Boats, boat motors, and boat trailers.

(11)

Disaster debris.

(12)

Hazardous material, biomedical waste, and radioactive waste.

(13)

Sludge.

(14)

Materials and wastes similar to those listed above, when designated by the city manager or his/her designee.

(c)

Commercial maintenance businesses, tree trimmers, landscapers and lawn maintenance operators shall dispose of all waste produced by their operations.

(d)

Removal and disposal of garbage, program recyclables, yard waste, bulky items and white goods from residential establishments shall be the responsibility of the city. The owner of any such premises not being served by the city or its contractor must contact the city to request service.

(e)

Exception for outside collectors. This article shall not prohibit collectors of solid waste or recyclable materials, which have been collected outside city limits, from hauling said materials over city streets, provided such collectors comply with the provisions of this article and with other applicable governing laws or ordinances.

(f)

Exception for actual producers. This article does not prohibit the actual producers of recyclable materials or the owners of premises upon which recyclable materials accumulated from personally collecting, conveying, and disposing of such recyclable materials, provided such producers and owners comply with the provisions of this article and with other applicable governing laws or ordinances.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

The city council shall have the authority to establish ordinances, resolutions and fees related to the collection of solid waste.

(b)

The city manager shall have the authority to make, change or modify general regulations concerning the days of collection, type and location of containers, types of recyclable materials, recycling programs, and other matters pertaining to the collection, conveyance and disposal of solid waste and recyclable materials by the contractor after notice published in a newspaper of general circulation at least ten (10) days in advance of the effective date of such regulation change or modification. The city manager shall also have the authority to establish policies for the collection of fees and charges due to the city, to terminate utility service for non-payment of fees and charges, and to determine the number and size of containers and frequency of collection for commercial collection service if a customer and the city or its contractor cannot agree on same. Nothing in this subsection shall authorize the city manager to regulate service level or fees or to change any regulation, policy or requirement established by the city council by resolution or ordinance.

(c)

With regard to the solid waste and program recyclables collected by the city contractor under the exclusive franchise agreement, title to such waste shall pass to the city when the waste is collected by the contractor. Nonetheless, the contractor shall be solely responsible and liable for the proper handling and lawful management of such waste until it is delivered to and accepted by a facility. Upon acceptance, title to such waste shall pass to the owner of the facility. Furthermore, it shall be a violation of this article for any person (other than the contractor) to collect, pick up, or cause to be collected or picked up, any such waste.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 05-0-02, § 1, 1-24-2005; Ord. No. 22-O-01, § 1, 1-10-2022)

The collection, conveyance, and proper disposal, in accordance with all applicable laws and regulations, of all construction and demolition debris or land clearing debris, resulting from construction projects or land clearing projects and all shingles, felt and other debris resulting from the removal, repair or replacement of any roof, shall be the responsibility of the owner and person performing the work. No materials from such projects shall be placed in any residential or commercial collection container or placed for curbside pickup or collection service by the city or its contractor. Service for such activities and debris may be supplied by the city or its contractor through construction roll-off service, which is not exclusive to the city or its contractor.

(Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

No owner, manager or occupant of any premises shall permit any accumulation of garbage upon the premises for a period longer than four (4) days for residential customers and seven (7) days for commercial customers, without having arranged for disposal of such accumulation by the city's contractor.

(b)

The placement of hazardous waste, appliances, yard waste, tires or construction and demolition debris into a collection container intended for garbage or program recyclables collection shall be unlawful. The city will not be responsible for the emptying of the container where this occurs. The city's contractor may leave non-collection notices for improper set-outs as described in the exclusive franchise agreement for collection services.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

The existence of any dwelling unit or any place of business, where food is prepared and in operation, regardless of whether or not a certificate of occupancy therefore has been issued by the city, shall be prima facie evidence that garbage is being produced and accumulated on such premises.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 05-0-01, § 1, 1-24-2005; Ord. No. 22-O-01, § 1, 1-10-2022)

The city manager or the code enforcement officer shall inspect such premises and require the removal of all garbage found, and the city manager shall direct that the appropriate fees be charged to such owner, manager, occupant, or resident. The code enforcement officer shall report to the city manager any violation of this article and may appear as a witness for the city in any action which results from the report of violation.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 05-0-01, § 1, 1-24-2005; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

No person shall burn garbage, trash, rubbish, biohazardous waste, construction or demolition debris, hazardous waste, or yard waste within the city. This prohibition against burning shall apply to ground fires, campfires, burn pits, bonfires, open pit fires, burn barrels, and similar devices. For the purposes of this section, yard waste shall be defined as vegetative debris such as grass clippings, brush, leaves, tree limbs (of any diameter), and palm fronds. Burning of tree limbs or any part thereof, absent other types of yard waste, within an indoor fireplace or an outdoor fireplace, specifically designed for that purpose, shall not be prohibited. An "outdoor fireplace" is defined as an outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay, or other noncombustible material, which may be portable. An "outdoor fireplace" may be open in design, as long as it is equipped with a wire mesh cover, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.

(b)

The burning of plant material is likewise prohibited except in circumstances involving the clearing of an area in excess of two (2) acres by a licensed land clearing firm when that firm has obtained a burn permit from the Division of Forestry to conduct a burn utilizing appropriate safety controls, or as part of a managed burn by a federal, state, or local government agency.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 05-0-01, § 1, 1-24-2005; Ord. No. 07-O-02, 1-22-2007; Ord. No. 11-0-07, § 3, 6-13-2011; Ord. No. 22-O-01, § 1, 1-10-2022)

No person shall bury solid waste within the city.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

All dumpsters in the city shall be subject to regular inspection and approval by the department as to usability, capacity, and enclosures. It shall be unlawful to open, enter or place material into or take material out of any dumpster without the express written consent of the owner or consignee.

(b)

The unsafe overloading of a collection container shall be unlawful. The city will not be responsible for the emptying of the container where this occurs. There shall be no credits or adjustments of charges for these businesses, and the removal of said unlawful loading of containers shall become the responsibility of the owner or manager of said business. Disposal of such accumulations will be made by special arrangements and charges added onto the customer's monthly bill.

(c)

Dumpster pads, built to city specifications, must be provided by new businesses and renovated business sites. Dumpster pad options do not allow storage. Pad site area shall be indicated separately from storage area on site plan. Enclosures and gates are required by the city and must be built to city specifications.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

Use of permanent dumpsters or permanent roll-off containers for any residential use, except for multifamily uses being provided with centralized dumpster service, shall be prohibited. Dumpsters and roll-off containers must be placed on a stable, firm, and level surface and must be easily accessible for pickup and collection. The dumpster or roll-off container shall be placed in the rear of the property whenever possible and when not possible in an area as inconspicuous as possible. At no time shall a dumpster or roll-off container be placed on the city right-of-way. All dumpsters and roll-off containers visible from a public road or residential area are to be completely enclosed from ground level view and will have an opening adequate for collection. Any structure used to enclose a dumpster or roll-off container must be permitted by the city building and zoning department. It is the responsibility of the resident, organization or business using the dumpster or roll-off container to provide for and maintain the enclosure and to maintain the enclosed area in a neat and orderly manner. Lids on permanent dumpsters must remain closed at all times except when depositing garbage, waste, or other refuse into the dumpster. All dumpsters and roll-off containers will be placed in an area designated by the city and shall be no closer than twenty (20) feet to any structure without the written approval of the building official and fire inspector.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

It shall be unlawful for any person to place any solid waste upon any property belonging to another, whether vacant or improved, occupied or unoccupied, or upon the traveled portion of any street or alley, or in any plaza or park, or in any of the waters lying within the city.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

No person shall deposit garbage in the collection container of another. Tenants of business uses may deposit garbage in shared collection containers provided by the contractor. Multifamily dwellings of fewer than eight (8) units may deposit garbage in shared garbage cans, for which the owner or manager of the respective establishment pays the collection service fee, and which have been authorized, by the owner or manager, for use by the tenant.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

Size, design requirements. All garbage, wastes or other refuse placed upon city property shall be in containers of the type required by this article. All residential users, except multifamily using dumpsters, shall use garbage cans as defined in this article with sufficient capacity to hold four (4) days' accumulation of garbage and shall use contractor-provided recycling carts for program recyclables. Multifamily residential uses of eight (8) or more units and those multifamily developments which choose to have centralized dumpster service shall use dumpsters provided by the city or its contractor. Commercial users shall use garbage carts or dumpsters or permanent roll-off containers provided by the city or its contractor. All garbage cans, garbage carts and recycling carts will be cleaned and maintained by the customer; all dumpsters and roll-off containers will be sanitized by the city's contractor at each collection event and the city shall not be responsible for damage to containers. All container enclosures must be designed to facilitate collection.

(b)

Location of containers. Commercial customers shall locate all containers so as to allow ready, reasonable, and safe access by city collection vehicles or the collection vehicles of the city's contractor. The commercial customer shall be responsible for maintaining the container, its location, and access route over private property. Service frequency for garbage collection will be established to meet the commercial customer's needs. Where necessary to protect the public health, the city manager shall have the authority to require more frequent collections or larger container(s). All commercial customers shall apply for approval, by the city, for the location(s) and construction of any enclosures, through the city's permit process.

(c)

Underground containers prohibited. No collection container shall be installed below grade.

(d)

Container to be safe. All containers as required hereunder shall be of safe construction and design and shall be maintained in good and serviceable condition. Containers which do not conform to the provisions of this article and the current collection services exclusive franchise agreement, or which have ragged or sharp edges or any other defects likely to hamper or injure persons collecting the contents or the public generally, shall be promptly replaced upon notice to the customer by the city or its contractor.

(e)

Containers to be kept covered. All containers, except those for the collection of construction and demolition debris or land clearing debris (i.e., open top roll-off containers), shall be kept tightly covered or closed at all times, except when actually placing in or removing materials from the container. It shall be unlawful for any person to have or permit on any premises under such person's ownership or control any such container which is not tightly covered or closed.

(f)

No garbage shall be removed by the city or its contractor from any premises unless the garbage is deposited in a proper collection container.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

No biohazardous waste shall be placed in any garbage can, garbage cart, dumpster or roll-off container which is subject to collection by the city or its contractor. Such material shall be disposed of, collected, and transported according to all applicable provisions of the Florida Administrative Code pertaining to biohazardous waste.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

Collection of yard waste will be provided once per week to residential customers as scheduled by the city or its contractor.

(b)

Yard waste shall not exceed five (5) feet in length or six (6) inches in diameter, and the total accumulation should not exceed two (2) cubic yards in size per weekly collection. Yard waste must either be tied in a bundle, neatly stacked, placed in a garbage can or a biodegradable bag, and each bundle, stack, garbage can, or biodegradable bag cannot exceed fifty (50) pounds in weight. Yard waste accumulations that exceed the size and weight restrictions may be collected by the contractor if the resident requests a special collection service for an additional fee.

(c)

No yard waste pickups will be made from vacant lots; provided, however, the owner of any vacant lot may make arrangements for the city or its contractor for pick-up of yard waste and a reasonable charge for service shall be determined by the city manager.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

Residents shall call the city's contractor for arrangements to collect excess yard waste and/or excess bulky items such as white goods, appliances, furniture, etc. that exceed the allowable amount for regular collection service. Bulky items and white goods from residential establishments may be separately placed at curbside for collection by the city or its contractor. Such bulky items and white goods shall not be co-mingled with yard waste or garbage and shall be placed separately so as to allow ten (10) feet of clearance from all obstacles, such as power poles, guy wires, signs, and fire hydrants, to allow mechanized pickup. The rates for special collection services are established by resolution of the city council and the city's contractor is responsible for scheduling, performing, and billing customers for special collection services.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

Where provided. Commercial collection service shall be provided to hotels, motels, rooming houses, business establishments, churches, schools, office buildings, and any other establishment whatsoever other than those that are defined as single-family residential or multifamily residential with less than eight (8) units.

(b)

Collection frequency and method. Customers of sites receiving commercial collection service from the city or its contractor shall enter into an agreement with the city's contractor for the frequency and method of garbage collection. Such agreement shall include the number and type of containers, which may be up to five (5) garbage carts or one or more appropriately sized dumpsters. When necessary to protect the public health or to enforce the purposes of this article, and when the customer and the city or its contractor cannot agree on the number or size of containers or the frequency of collection, the city manager shall have the authority to stipulate the frequency of collection and the number and size of containers. Collections which are agreed to but missed due to the customer's failure to maintain accessibility shall not constitute violation of agreement on the part of the city or its contractor, and customers requesting later or make-up service shall be billed for the cost of providing this added service. Customers are required to keep all the garbage in the container and to keep the container lids closed.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

Multifamily residential developments of fewer than eight (8) units, shall be provided and shall pay for residential collection service (i.e., curbside service) as defined in this chapter, unless the residents choose to contract for commercial collection service.

(b)

All multifamily developments of eight (8) units or more, and those smaller multifamily developments which choose to contract for centralized collection service, shall contact the city and service shall be coordinated with the city's contractor for commercial collection service and shall pay commercial rates and use the containers provided by the contractor.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

Commercial compactor service. The city or its contractor may provide garbage collection service by an onsite roll-off container attached to a compactor to those entities defined in this article as commercial who by virtue of the high volume of garbage generated have need of such type of garbage containerization.

(b)

Preparation, storage, and placement for collection. Garbage shall be drained free of all liquid to every extent possible prior to accumulation for collection. The customer will ensure that only personnel properly trained in the operations of the compactor will be allowed to operate the same. Storage areas and areas adjacent to the storage area shall be maintained by the customer in a neat, sanitary, and aesthetically pleasing manner. Collectors, whether city personnel, or contractor personnel, are not allowed to sweep, pick up or otherwise clean up storage areas unless such service has been specifically agreed to. Customers are responsible for maintaining the accessibility to the compactor area for collection purposes. Collections which are agreed to but are missed due to customer's failure to maintain accessibility shall not constitute a violation of agreement on the part of the city or contractor, if applicable, and customers requesting later or make-up service as a result, shall be billed according to the agreed upon cost of such service being provided. The compactor and associated facilities and equipment onsite will be maintained, by the party holding title of ownership to same, in such a manner that minimum interruption of service will be experienced as well as to provide the clean, healthful, and aesthetic level of acceptability required for such activities.

(c)

Providing for service. The city or its contractor shall have the right to provide commercial compactor service to any such commercial customers as shall be determined by the city to require such service.

(d)

Rates for service. When the city's contractor shall provide the compactor service, such service shall be performed by a written agreement between the contractor and the customer. The agreement shall incorporate all applicable provisions of this chapter, and the fee for such service shall be assessed monthly in accordance with the schedule of rates established by resolution by the city council.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

It shall be unlawful for any person to enter or be inside of any collection container.

(b)

It shall be unlawful for any person to dispose of solid waste in any collection container unless such person has contracted with the contractor for the collection service or the person has been given authority to use the container by the person who has contracted with the contractor for the collection service.

(c)

It shall be unlawful for any unauthorized person to remove any solid waste or recyclable materials from a commercial solid waste container or a recyclable materials collection container, or to dispose of solid waste in a recyclable materials container.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

Editor's note— Ord. No. 22-O-01, § 1, adopted January 10, 2022, repealed § 9-56, which pertained to garbage containers and derived from Ord. No. 04-0-23, adopted November 16, 2004; and Ord. No. 05-0-01, adopted January 24, 2005.

Editor's note— Ord. No. 22-O-01, § 1, adopted January 10, 2022, repealed § 9-57, which pertained to requirements for collection of trash, and derived from Ord. No. 04-0-23, adopted November 16, 2004.

Editor's note— Ord. No. 22-O-01, § 1, adopted January 10, 2022, repealed § 9-58, which pertained to garbage container covers and derived from Ord. No. 04-0-23, adopted November 16.

(a)

Garbage cans, recycling cart and yard waste containers when not in use shall not be kept in the front of any building or premises. Except when placed in a designated curbside collection location, no garbage can, recycling cart or yard waste container shall be kept or maintained upon or adjacent to any street, sidewalk, parkway, or front yard and no such container shall be placed within five (5) feet of any property line.

(b)

Except when placed in a designated curbside collection location, no garbage can, recycling cart or yard waste container shall be deposited upon any adjoining lot or premises, whether vacant or improved, occupied or unoccupied, or in any street, alley, or park in the city.

(c)

Garbage cans, recycling carts and yard waste containers or bundles shall be neatly placed near, but not upon, the roadway on days of pickup so as to be convenient and accessible for collection.

(d)

Garbage cans, recycling carts and yard waste containers shall be removed from the curbside pickup area the day of collection.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

All garbage cans shall be subject to inspection by a city inspector and the contractor's driver. If the can is found to be out of compliance with the requirements of this article, the inspector or the driver will place a notice on the can and the owner shall be responsible for providing a new can by the next pickup day.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

All garbage cans shall be emptied twice each week (except for holidays) for the curbside residential collection service by the city.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

No person shall create or maintain with garbage, or the maintenance of a garbage receptacle, a nuisance, or a menace to public health.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)

(a)

Every resident, occupant, or owner of premises in the city shall have all accumulation of garbage, trash or debris removed and disposed of by the garbage collection service rendered, arranged for, or otherwise authorized by this article.

(b)

Charges for collection services shall not be terminated by any owner, tenant, or occupant.

(c)

Service charges and rates.

(1)

The city shall maintain and operate, or franchise, a service for the collection and disposal or processing of garbage, program recyclables yard waste, bulky items and white goods generated by residential customers and garbage generated by commercial customers, and all persons whose premises are serviced thereby shall pay for the use of such service such rates as are set by resolution adopted by the city council. The city or the city's contractor may bill the tenant or occupant of each premise for these services, but this will not relieve the owner of responsibility for payment.

(2)

All rates for garbage, program recyclables and yard waste collection service shall be reviewed and adjusted annually in conjunction with the preparation of the annual operating budget. Rates will be adjusted as determined necessary by the city council to ensure adequate revenue for the operation of the sanitation services and to satisfy the terms of the exclusive franchise agreement in effect as well as good accounting and business practices. Adjusted rates shall become effective as provided by resolution adopted by the city council.

(d)

The issuance of a certificate of occupancy to any residential improved property in the city is prima facie evidence of the need for collection service. All such residences within the city will be assessed a monthly collection charge regardless of whether the premises are being occupied and regardless of whether water and sewer services are being utilized. Such monthly charge will be the responsibility of the owner of record of the dwelling.

(e)

Should any person fail to pay the prescribed service charges when the same become due and payable, the city manager shall have the authority to disconnect and discontinue water service to the premises until all unpaid service charges are paid in full, together with established reconnection fees for water service.

(f)

For residential or commercial collection service, whenever there exists exceptional schedules of occupancy or use or the occupant desires collection service different from that ordinarily rendered, the city manager or his appointed deputy or the city's contractor is authorized to enter into agreements with the owners, lessees, or tenants as to the extra charges to be made for such collections, which agreements shall be uniform and nondiscriminatory.

(Ord. No. 22-O-01, § 1, 1-10-2022)

The city shall adopt or amend all rates and charges by resolution.

(Ord. No. 04-0-23, §§ 1, 2, 11-16-2004; Ord. No. 22-O-01, § 1, 1-10-2022)