Sec. 10-26. Roll-off services.

   (a)   Construction sites. All construction, renovation, remodeling, and repair sites, requiring a permit from the City for work being conducted, shall be maintained in a clean and sanitary condition at all times. Each construction site shall be provided with solid waste containers adequate in size and sufficient in number to accommodate the accumulation of solid waste during the interval between scheduled removals of solid waste from the project site. The number and type of refuse containers shall be subject to the approval of the Public Works Department. The owner of the property, or the contractor conducting the operations, shall have the right to provide the material removal service with his own containers and equipment. In all other cases, the owner or contractor shall be required to obtain such removal services from the City. The Public Works Department shall determine exclusively whether this service would require the use of roll-off containers, or the service could be adequately provided by some other means.

   (b)   Stop work. During the construction of any site project the Building Official may at his/her discretion, issue a written order to stop work on a construction project for failure to maintain the construction site in a clean and sanitary condition, or for failing to adhere to the requirement of this chapter.

   (c)   Final cleanup. Solid waste shall be removed from the construction, renovation, remodeling, or repair site, and the area properly cleaned to thesatisfaction of the Director of Public Works within five (5) workdays following the completion and final inspections of the work performed under a permit, and in all instances prior to the issuance of a certificate of occupancy by the Building Department.

   (d)   Roll-off location. All roll-off containers shall be placed on the customer's property in a location accessible for service. Roll-offs may be placed in the public right-of-way only if a permit to do so is issued by the Engineering Department. Roll-off containers not serviced within thirty (30) days of issuance may be removed from the property by the City at the Public Works Director’s discretion.

(Ord. No. 04-030, § 2, 5-18-04; Ord. No. 14-022, § 2, 9-16-14)

Sec. 10-27. General regulations.

   (a)   Predetermination of refuse storage sites required. Prior to the issuance of a building permit by the City Building Department for the renovation, modification or erection of a new structure, provisions must be made for the storage and handling of refuse. Such arrangements shall provide free access to containers by mechanized equipment at all times. Acting jointly, the Public Works Department and the City Building Department and the builder-owner- occupant, as applicable, shall mutually arrive at a satisfactory arrangement to meet collection requirements.

   (b)   Refuse from containerized residential units will be collected twice a week or as necessary. Such frequency of service shall be determined exclusively by the Director of Public Works to ensure public safety, health, cleanliness and appearance. In the case of the commercial establishment, the customer will be billed for the amount of service required to meet the solid waste standards.

   (c)   Duty to record and bill users of City system. The Director of Public Works shall cause to be kept, an accurate record of all persons using the services and facilities of the said municipal refuse collection and disposal system and make charges in accordance with the rates and charges herein established. The City may choose to not provide solid waste services because of non-payment.

   (d)   [Unlawful deposits.] It shall be unlawful for any person to deposit on, or bury in, or cause to be deposited on or buried in, upon any land, vacant or unoccupied premises in the City or upon any occupied property public square, or upon any street, alley, park, parkway, or in any canal, waterway, bridge, easement, or other public passageway, or right-of-way, or any storm drain, rock pit and sand pit, pool or lake within the City any noxious, filthy, malodorous or offensive liquid or solid materials, garbage, refuse, or rubbish anywhere within the limits of the City in any vessel or receptacle other than in an approved refuse container which is collected regularly. Nothing in this provision shall prohibit private, backyard, nuisance-free composting practices for home gardening purposes. No person shall burn or cause to be burned any refuse or waste anywhere within the City limits, except as otherwise provided by law.

   Cross references-Depositing litter in bodies of water, § 15-30; polluting park waters, § 16-26.

   (e)   Mulch or compost piles permitted. Horticultural trash and refuse containing no combustible matter, or which will not, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the residential premises upon which the material is accumulated. Bringing material from offsite onto the property for the sake of composting will be prohibited. Composting for commercial purpose, or composting to develop a marketable product shall be prohibited except for those cases allowed by commercial enterprise, and properly licensed to conduct such operations.

   (f)   Ownership of collection refuse and waste.

      (1)   Ownership of refuse and waste material shall be vested in the City at the time of collection.

      (2)   Recycling material to be collected, such as newspaper, newspaper/grade papers, and/or other materials, shall become the property of the City from the time of placement at the curb by the customer, and it shall be a violation of this Article for any person, firm, corporation, or partnership other than the City, to tamper with or to take or remove, or to convert to its own use in any way, such material. Each such collection in violation hereof from one (1) or more residences or businesses during such period shall constitute a separate and distinct offense.

   (g)   Dead animals. It shall be unlawful to place any dead animal or parts thereof in any solid waste container for collection; however, this section shall not apply to animal parts from food preparation for human consumption.

   (h)   Incinerators. No private incineration units shall be erected or operated within the City from the date of this Article except upon approval of the City Commission, and the issuance of the proper permits and licenses from any and all regulating agencies.

   (i)   Landfills. It shall be unlawful for any person to create, use, own, or operate any landfill or dump within the corporate limits of the City.

   (j)   Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, storm drains, canals, lakes, other bodies of water, of any public or private property within the City except as provided herein.

   (k)   Non-interference. It shall be unlawful for any person to interfere with any employee of the City while in the performance of their duties as authorized by this chapter.

(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 14-022, § 2, 9-16-14)

   Editor's note-Subsection 10-26(h), relative to the disposal of construction or industrial wastes, had been deleted as being duplicative of § 10-30.

Sec. 10-28. Reserved.

   Editor's note-Provisions designated § 10-28, and enumerating certain violations, have been deleted by the editor as being duplicative of § 10-31.

Sec. 10-29. Purpose of rates and charges.

   The rates and charges herein set forth are imposed to provide revenue for the purpose of paying the costs of the operation and maintenance of the refuse collection and disposal system of the City and extensions thereof and replacements thereto and for any other lawful purpose as so determined by the City Commission.

(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 94-28, § 3, 9-9-94; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 14-022, § 2, 9-16-14)

Sec. 10-30. Rates and charges for City service.

   The rates and charges for refuse collection service provided by the City shall be as follows:

   Current rate schedules shall be maintained on file in the Office of the City Clerk and shall be available, without charge, to the public. Fees shall be paid according to the fee schedule approved by the City Commission. All Solid Waste Division fees are subject to amendment by resolution by the City Commission.

(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 83-36, § 1, 10-18-83; Ord. No. 85-55, § 1, 11-15-85; Ord. No. 86-36, § 2, 10-21-86; Ord. No. 90-36, § 1, 9-18-90; Ord. No. 91-63, § 1, 9-19-91; Ord. No. 92-49, § 1, 10-8-92; Ord. No. 93-33, §§ 1, 2, 9-21-93; Ord. No. 94-28, § 4, 9-9-94; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 04-072, § 2, 8-17-04; Ord. No. 05-055, § 2, 9-20-05; Ord. No. 06-077, § 2, 9-6-06; Ord. No. 08-012, § 2, 6-3-08; Ord. No. 08-032, § 2, 11-18-08; Ord. No. 14-022, § 2, 9-16-14; Ord. No. 18-021, § 2, passed 9-6-18; Ord. No. 19-020, § 2, 7-16-19)

Sec. 10-31. Violations and enforcement.

   It is hereby declared unlawful and a violation of this Article for any person to do or permit to be done any of the following acts or practices:

      (1)   To deposit or place in or cause to be deposited or placed in a trash container any materials other than those defined in this Article as refuse.

      (2)   To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and in good state of repair, all refuse containers.

      (3)   To use or supply garbage cans and refuse containers other than those defined and provided for in this Article.

      (4)   To collect or permit to be collected by anyone, the garbage from any garbage container other than by persons regularly employed by the City for that purpose unless specifically authorized by the City Commission.

   It shall be unlawful for any person to fail, neglect, or refuse to comply with and abide by each provision of this Article. The performance on each day of any prohibited act or practice shall constitute a separate offense, and shall be punishable as such.

(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 14-022, § 2, 9-16-14)

Sec. 10-32. Disaster-generated debris removal management plan; authority, priorities and limitations.

   The City Manager, or designee, shall have the authority, to remove disaster-generated debris located within the City of Boynton Beach on city-owned property, county/state-owned roads, and private roads after the declaration of any state of emergency pursuant to this article. The removal of such disaster-generated debris is authorized only after a major disaster or a catastrophic disaster and upon the determination by the City Manager, or designee, that such removal is reasonable necessary to (i) eliminate immediate threats to life, public health, and safety; (ii) eliminate immediate threats of significant damage to city property or facilities; or (iii) ensure economic recovery of the affected community to the benefit of the community-at-large.

   (1)   An immediate threat to life, public health, and safety shall be deemed to exist if any one of the following conditions is satisfied:

      a.   There is a significant likelihood that rescue vehicles will be significantly hindered from rendering emergency services if the disaster-generated debris is allowed to remain in place;

      b.   The type of disaster-generated debris is such that it may reasonably cause disease, illness, or sickness which could injure or adversely affect the health, safety, or general welfare of those residing and working in the area if it is allowed to remain;

      c.   The removal of the disaster-generated debris is necessary to effectuate orderly and expeditious restoration of city-wide utility services including, but not limited to, power, water, sewer, telephone and solid waste collection;

      d.   The disaster-generated debris is determined by the City of Boynton Beach Building Official or Public Health Official to be dangerous or hazardous;

      e.   The disaster-generated debris prevents garbage collection, thereby creating a public health and safety hazard;

      f.   The disaster-generated debris contains contaminants which have a reasonable likelihood of leeching into the soil and/or aquifer of the city;

      g.   The disaster-generated debris has a substantial negative impact upon public health and safety by preventing or adversely affecting emergency repairs to buildings and/or property;

      h.   The disaster-generated debris presents a reasonable danger of being transported by wind and/or water to neighboring properties, thereby increasing the cost of recovery and removal;

      i.   The disaster-generated debris is significantly likely to produce mold or may otherwise cause disease, illness, or sickness which could injure or adversely affect the health, safety, or general welfare of the public;

      j.   The presence of the disaster-generated debris significantly adversely impacts the city’s recovery efforts;

      k.   The disaster-generated debris significantly interferes with drainage or water runoff, so as to be a significant hazard in the event of significant rainfall;

      l.   The sheer volume of the disaster-generated debris is such that it is impractical and unreasonable to remove in an orderly and efficient manner absent action by the city; or

      m.   The type, extent and nature of the disaster-generated debris is such that it would cause much greater damage if not removed immediately.

   (2)   An immediate threat of significant damage to city property or facilities shall be deemed to exist if the cost to remove the disaster- generated debris is less than the cost of potential damage to the city property or facility, thereby being a cost effective removal.

   (3)   In removing disaster-generated debris from county-owned or state owned property and rights-of-way, the highest priority shall initially be given to responding to immediate threats to life, public health, and safety; eliminating immediate threat of significant damage to county and state property or facilities; and pushing or removing disaster-generated debris from county/state rights-of-way to permit safe passage.

   (4)   The removal of disaster-generated debris shall begin as soon as functionally feasible after the occurrence of a major disaster or catastrophic disaster. The primary operation of the city work forces will be to cut and toss disaster-generated debris depositing it along county or state rights-of-way, thereby creating access to the major arterial roadways to allow for expedited search and rescue efforts as well as recovery efforts. Upon completion of the cut and toss operation, city work forces will begin the removal of other disaster-generated debris. The owners of private property, or those individuals otherwise in possession of private property, adjoining county/state rights-of-way may place disaster-generated debris in the county and/or state right-of-way. The community-at-large will be notified via press releases, city web-page, local media of the initial start date for removal of disaster-generated debris by city work forces and will subsequently be notified prior to the last removal pass by city work forces. After the last such removal pass, city residents will be responsible for the removal of any remaining disaster-generated debris in compliance with pre-disaster collection requirements whether they be self-provided, provided through a private contractor, or provided through regular waste disposable services.

   (5)   The city shall, subject to the restrictions and requirements of F.S. Section 768.28, indemnify and hold the federal government, its agencies and employees, harmless from any claims arising from or based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty on the part of any federal agency or any employee of the federal government in carrying out the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act).

   (6)   The owners of private property, or those individuals otherwise in possession of private property, shall be responsible for assuring that the placement of any disaster-generated debris in city/county/state rights-of-way or on private roads for removal by city work forces satisfies the following conditions:

      a.   The disaster-generated debris shall be neatly stacked, piled, or placed with its leading edge lying within the three-foot roadside shoulder area on either side of the travel lanes of the road.

      b.   The disaster-generated debris shall be separated into stacks or piles of the following types of debris as defined in this article:

         1.   Putrescent debris and mixed common household items.

         2.   Vegetative debris.

         3.   Construction and demolition debris.

         4.   White goods.

         5.   Hazardous household waste and electronic waste.

      c.   The disaster-generated debris shall be placed so that it is not under any power lines, not on top of any water meters, or not within three feet of any power poles, fire hydrants, vehicles, mailboxes, or fences.

   (7)   Any damage to personal property by city work forces resulting from the placement of disaster-generated debris in a manner inconsistent with this section shall be the responsibility of the private property owner, or individual otherwise in possession of private property, who misplaced such debris.

   (8)   Any owners of private property, or any individuals otherwise in possession of private property, who stack, pile, or otherwise place anything for removal on city/county/state rights-of-way or on private roads which is deemed not to be disaster-generated debris, shall be responsible for removing such unauthorized debris no later than 24 hours after notification of such removal requirement by a member of the city work forces. Any such owner or other individual who fails to timely comply with such removal requirement shall thereafter be responsible for any costs associated with the removal of such unauthorized debris by city work forces.

   (9)   Removal of hazardous trees or hazardous limbs. The removal of disaster-generated debris consisting of either hazardous trees or hazardous limbs overhanging or otherwise endangering a private road shall be deemed to be the responsibility of the adjacent private property owners and, as such, the city work forces shall not be authorized to remove or to otherwise act upon such disaster-generated debris unless it is necessary to eliminate an immediate threat to the safety of city work forces.

(Ord. No. 13-021, § 2, 7-2-13; Ord. No. 14-022, § 2, 9-16-14)