Require waste franchisees to remove bulky trash from contract properties

City of Miami File ID: 16743 (Revision: A) Printed On: 3/4/2025 AGENDA ITEM SUMMARY FORM File ID: #16743 Date: 10/04/2024 Requesting Department: Department of Solid Waste Commission Meeting Date: 03/13/2025 Sponsored By: Type: Ordinance District Impacted: All Subject: Amend Code - Chapter 22 - Article II - Franchisee Bulky Waste Purpose of Item: An Ordinance of the Miami City Commission amending Chapter 22 /Article II of the Code of the City of Miami, Florida, as amended, titled “Garbage and Other Solid Waste / Regulation of Persons Engaged in Commercial Waste Collection” providing for an additional requirement that Franchisees also be required to remove bulky waste from commercial properties. Background of Item: Currently, the City of Miami “(City”) has a Franchisee contract system in place for vendors who remove solid waste and recycle materials from commercial properties pursuant to Chapter 22, Article III of the Code of the City of Miami. These Franchisees are not required to remove bulky waste which leads to bulky waste being left illegally dumped on private property and City public rights of way. Bulky waste when illegally dumped in other areas of the City, becomes a financial burden to other private property owners and more regularly, the City. It is in the best interest of the businesses and residents of the City of Miami that properties which are required to use Franchisee services also be responsible for the removal of the bulky trash from their premises as well. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Item is NOT an Expenditure Total Fiscal Impact: N/A Reviewed By City Commission Joseph Castro Meeting Completed 11/21/2024 9:00 AM Department of Solid Waste Wade Sanders Department Head Review Completed 12/03/2024 9:05 AM City Manager’s Office Arthur Noriega V City Manager Review Completed 12/03/2024 9:19 AM Office of Management and Budget Aniska Elliott Budget Analyst Review Completed 12/03/2024 9:25 AM Office of Management and Budget Marie Gouin Budget Review Completed 12/03/2024 10:13 AM City of Miami File ID: 16743 (Revision: A) Printed On: 3/4/2025 City Manager’s Office Natasha Colebrook-Williams Deputy City Manager Review Completed 12/03/2024 1:32 PM City Manager’s Office Barbara Hernandez Assistance City Manager Review Completed 12/03/2024 1:56 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 12/03/2024 2:37 PM Office of the City Attorney Rachel Dooley ACA Review Completed 12/03/2024 2:55 PM Office of the City Attorney George K. Wysong III Approved Form and Correctness Completed 12/03/2024 3:49 PM City Commission Teri Samuels Meeting Completed 12/12/2024 9:00 AM City Commission Maricarmen Lopez Meeting Completed 01/23/2025 9:00 AM City Commission Maricarmen Lopez Meeting Completed 02/13/2025 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 02/24/2025 3:50 PM Office of the City Attorney Rachel Dooley ACA Review Completed 02/28/2025 11:29 AM Office of the City Attorney George K. Wysong III Approved Form and Correctness Completed 02/28/2025 12:26 PM City Commission Todd B. Hannon Meeting Pending 03/13/2025 9:00 AM City of Miami File ID: 16743 (Revision: A) Printed On: 3/4/2025 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Ordinance Enactment Number File Number: 16743 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED “GARBAGE AND OTHER SOLID WASTE/REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION” PROVIDING FOR AN ADDITIONAL REQUIREMENT THAT FRANCHISEES ALSO BE REQUIRED TO REMOVE BULKY TRASH FROM CONTRACT PROPERTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, currently the City of Miami “(City”) has a Franchisee contract system in place for vendors who remove Solid Waste and Recycle materials from commercial properties pursuant to Chapter 22, Article III of the Code of the City of Miami, Florida, as amended (“City Code”); and WHEREAS, these Franchisees are not required to also remove bulky trash which leads to bulky trash being left illegally dumped on private property and City public rights of way; and WHEREAS, Bulky Waste is defined as, among other things, large items of refuse such as appliances, furniture and large tree cutbacks; and WHEREAS, when illegally dumped in other areas of the City, this ends up becoming the financial burden of other private property owners and more regularly, the City; and WHEREAS, residents should not have to bear the extra costs of this bulky waste; and WHEREAS, other municipalities and counties require their Solid Waste Franchisees to include bulky trash pick as a part of their agreement in order to be able to do business within the jurisdiction; and WHEREAS, the City Commission believes it is in the best interest of the businesses and residents of the City of Miami that properties which are required to use Franchisee services also be responsible for the removal of the bulky trash from their premises as well;

NOW, THEREFORE,

BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 22/Article II of the City Code is amended in the following particulars:1 1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami File ID: 16743 (Revision: A) Printed On: 3/4/2025 “CHAPTER 22 GARBAGE AND OTHER SOLID WASTE * * * ARTICLE II. REGULATION OF PERSONS ENGAGED IN COMMERICAL WASTE COLLECTION * * * Sec. 22-51. Recycling and Bulky Trash requirements for franchisees. (a) Each and every Recycle franchisee shall submit the following to the solid waste director at the following intervals: (1) Annually, an "annual recycling plan" that describes recycling activities and services available to commercial and residential establishments in the city that are offered by the franchisee. (2) Annually, an "annual recycling report" that describes resources and money of the franchisee utilized in connection with the recycling program, a list of recycling accounts, and a list of accounts that do not avail themselves of the franchisee's recycling opportunities and reasons for same. (3) Quarterly, a report describing recycling and diversion goals and recycling/diversion accomplishments. (4) Annually, copies of literature provided to each customer in English, Spanish, and Creole describing the franchisee's recycling programs and services available. (b) Bulky Trash Requirement for Franchisees. All City Solid Waste Franchisees are required to include Bulky Trash for each and every customer they service. (1) For purposes of this Subsection and Franchisees, Bulky Trash shall be defined as trash including, but not be limited to, large items of refuse such as appliances, furniture, accumulations from major tree cutbacks (exceeding ten inches in diameter and four feet in length and weighing more than 50 pounds), large crates and like articles. (2) Bulky Trash pickup by Franchisee shall: (A) Be completed in an “on demand” manner requiring the customer to request the pick up from the Solid Waste Franchisee and such pickup shall be accomplished within 48 hours, excluding Sundays and holiday. (B) The Bulky Trash may only be placed on site and not in any public right of way or swale area, and the site of placement must be predetermined and signage placed by the Solid Waste Franchisee with the following or similar language: 1. Solid Waste Bulky Trash Pick-Up Site; City of Miami File ID: 16743 (Revision: A) Printed On: 3/4/2025 2. NO Bulky Trash May be Placed Here Until an On-Demand Request for Pick-Up has been made; 3. Please Call XXX-XXX-XXXX to make an On-Demand Request; 4. Any Bulky Trash Left Out for More than 48 Hours will cause the Property and/or any identifiable Person to be ticketed up to $500.00 pursuant to Chapter 22 of the City Code; and 5. This Bulky Trash Pick-Up Site is Authorized pursuant to Section 22-51 of the Code of the City of Miami. Solid Waste Franchises can opt to add any other relevant language that is in compliance the City Code as necessary. (C) A Solid Waste Franchisee may use a subcontractor for Bulky Trash Pick- Up however, that subcontractor is required to be approved by the City and any subcontractor truck being used will be required to obtain a City provided front windshield decal. This decal shall be renewed each year at a cost of $5.00 per truck and coincide with the City’s fiscal year. Any approved subcontractor will be required to have a valid City issued Business Tax Receipt and, if offices are located in the City, a valid Certificate of Use. Subcontractor approval is further subject to any other necessary requirements as determined by the City Manager or Designee. Any franchisee servicing an address that engages in the sale of produce located within the produce market shall, no later than October 1, 2016, offer an organic waste recycling program. Said program shall utilize composting and/or any other organic waste recycling program which diverts organic waste from a disposal site to a city waste-to-energy facility. All franchisees shall divert, at a minimum, a portion of organic waste collected to the city's waste-to-energy facility, should said facility become available in the future. The minimum required organic waste contribution to the city's waste-to-energy facility shall be set by the solid waste director as a percentage of the franchisee's total solid waste tonnage each year, effective October 1 of that year. Said percentage formula shall be uniform for all franchisees. * * *” Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become immediately after its adoption and signature of the Mayor.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami File ID: 16743 (Revision: A) Printed On: 3/4/2025 APPROVED AS TO FORM AND CORRECTNESS: