§ 50.04  COLLECTION OF BULK WASTE, YARD WASTE AND RECOVERED MATERIALS.
   (A)   Bulk waste and yard waste.
      (1)   Acceptable material.
         (a)   To qualify as bulk waste material for collection by the city, bulk waste shall, in its entirety, meet the definition as set forth in § 50.01 and shall not exceed six cubic yards per collection pick-up. Bulk waste in excess of six cubic yards will not be picked up unless prior arrangements have been made and a fee has been paid either by check, money order, or charge to the customer’s city utility account or to a major credit card which is acceptable to the city. The customer may also contract with any franchised hauler approved by the city for the same removal service.
         (b)   To qualify as yard waste material for collection by the city, the yard waste shall, in its entirety, meet the definition set forth in § 50.01 and shall not exceed four cubic yards per collection pick-up. Yard waste in excess of four cubic yards will not be picked up unless prior arrangements have been made and a fee has been paid either by check, money order, or charge to the customers' city utility account or to a major credit card that is acceptable to the city. The customer may also contract with any franchised hauler approved by the city for the same removal service.
         (c)   Bulk waste will be picked up once per month as specified in the advertised collection schedule posted on the city's website. Yard waste will be picked up once per week as specified in the advertised collection schedule posted on the city's website. This schedule may be subject to change.
      (2)   Unacceptable material.
         (a)   Any bulk waste or yard waste not meeting the definition set forth in § 50.01 is deemed unacceptable and will not be collected.
         (b)   Professional tree trimmers, lawn maintenance companies, arborists, landscapers, etc. are required to arrange for disposal of cuttings, branches, grass and leaves.  They shall not leave these materials for pick up by the City Environmental Services Division unless arrangements have been made for payment of all fees required for these services.  They are not considered City Environmental Services customers.  These professionals are required to obtain all necessary local business tax receipts.
      (3)   Proper placement.
         (a)   Alleys.  In areas having service alleys that provide safe access for collection vehicles, all bulk waste and yard waste shall be placed for collection at the rear of the private property affected, in a location easily accessible to the collection crews and must not impede the flow of traffic through the service alley.  To allow for the safe operation of equipment, where possible, the bulk waste or yard waste is not to be placed near or under guy wires or adjacent to utility poles, trees, water meters, cable boxes, fences or other structures.  In the event that construction work in alleys is necessary by outside entities or city projects, residents will be notified of temporary closures of the alley(s) prior to the work and will be required to place bulk waste and yard waste to the curbside for collection during the temporary closure period. Placement of bulk waste or yard waste is the responsibility of the property owner, and any damages to these items due to the improper placement of bulk waste or yard waste will be charged to the owner of the premises and if unpaid for a period in excess of 30 days after billing, shall constitute a nonpayment as described in § 50.09.
         (b)   Swales.  Any residential property owner whose residence does not abut an alley shall place all bulk waste or yard waste for collection on the swale or unpaved portion of the right-of-way adjacent to his or her property.  This placement shall not interfere in any way with pedestrian or vehicular traffic flow or line of sight.  To allow for the safe operation of equipment, where possible, the bulk waste or yard waste shall not be placed near or under any guy wires, or adjacent to utility poles, trees, water meters, cable boxes, telephone boxes, fences, or other structures.  Placement of bulk waste or yard waste is the responsibility of the property owner, and any damage to these items due to the improper placement of bulk waste or yard waste will be charged to the owner of the premises and if unpaid for a period in excess of 30 days after billing, shall constitute a nonpayment as described in § 50.09.
         (c)   Prohibitions.
            1.   It shall be unlawful for the owner, tenant, or any person living on or in charge of any improved or vacant property to place or allow bulk waste or yard waste, waste material, junk, or other debris to be placed upon or to remain upon the public right-of-way abutting such property except as provided in §§ 50.02(C), 50.04(A)(3) and 101.05(C) and (D).
            2.   It shall be unlawful for any person to deposit any commingled waste or any other waste or junk material on any vacant property for any purpose, whatsoever.
            3.   It shall be unlawful for any person to cause yard waste to be deposited onto the street or into storm drains.
            4.   It shall be unlawful for any person to place material on the swales and alleys for city pick up which did not originate from the abutting property.  Any person placing bulk waste or yard waste onto the swale or adjacent to alleys for city pick up which did not originate from the abutting property shall be assessed a fee for removal and disposal of improperly placed material.
            5.   It shall be unlawful for any person to cause bulk waste or yard waste to be placed on streets, alleys, or city rights-of-way.  Penalties for violation of this section shall be pursuant to § 10.99 or Chapter 36 of the Code of Ordinances.
            6.   It shall be unlawful for any person to place bulk waste or yard waste out on the swale(s) and/or alleys for city collection no sooner than noon (12 p.m.) on the day prior to the customer’s regularly scheduled collection day. Any person placing bulk waste or yard waste out earlier than this shall be assessed a fee for the city to remove the bulk waste or yard waste if the bulk waste or yard waste is not removed within 24 hours of first notification of violation.
      (4)   Collection schedule.  Bulk waste shall be picked as specified in the advertised collection schedule posted on the city's website. Yard waste shall be picked up as specified in the advertised collection schedule posted on the city's website.
      (5)   Special pick up procedure.
         (a)   Any person owning, living on or being in charge of any real property in the city, who is an Environmental Services Division customer, may arrange with the Environmental Services Division of the Public Works Department for an individual bulk waste or yard waste special pick up. A fee shall be charged for an individual bulk waste or yard waste special pick up, provided that the bulk waste or yard waste shall have been properly piled on the swale or in the alley adjacent to the property to facilitate pick up. Such fee shall be established by resolution of the City Commission and shall be added to the next regular utility bill mailed by the Utility Accounting Division to the location at which the special pick up was requested, or paid by the person maintaining a utility account requesting the special pick up. Except where an individual bulk waste or yard waste special pick up shall have been arranged as provided above, where bulk waste or yard waste has been placed or stored on such property, the city shall post a notice in a conspicuous place on the property giving the owner, tenant or other person living on or being in charge thereof 24 hours to remove such bulk waste or yard waste or to arrange for its removal by the city. Unless the bulk waste or yard waste shall have been removed within such 24-hour period or an arrangement for its removal by the city shall have been made within such time, the city shall pick up such bulk waste or yard waste in accordance with division (c) below.
         (b)   Where bulk waste or yard waste is placed or stored on vacant real property or on improved real property in the city where utility service is not provided, the city shall post a notice in a conspicuous place on the property giving the owner or other person in charge thereof 24 hours to remove such bulk waste or yard waste. Unless removed within such 24-hour period, the city may remove the bulk waste or yard waste in accordance with division (c) below.
         (c)   In the event any person required by the terms of this section fails to properly pile the bulk waste or yard waste on the swale or in the alley as provided in division (a) above, or fails to remove the bulk waste or yard waste as provided in divisions (a) and (b) above, the city may cause such removal of the bulk waste or yard waste to be done and shall charge the cost of such services to that person. Such actions by the city shall be deemed as abating a nuisance in accordance with division (d) below, and falls within § 38.04. There shall also be an administrative charge established by resolution of the City Commission for each service that the city is required to perform. Charges for such removal, along with any administrative or interest charge, shall be a lien upon such real property, and whenever a bill for such charges remains unpaid for 20 days after it has been rendered, the Finance Director shall file and record a claim of lien in the public records of Broward County and with the Clerk of the Circuit Court for Broward County. This claim of lien statement shall contain a legal description of the premises, the expenses and costs incurred, the date of such expenses, and a notice that the city claims a lien for this amount. For purposes of this section, incurred costs shall encompass, in addition to the abatement cost of the nuisance, all administrative, legal, postal and publication expenses, as well as all other direct or indirect costs associated therewith. All such unpaid charges shall bear interest after 20 days at the rate provided in F.S. § 55.03(1) for interest on judgments. The claim of lien statement shall further provide notice that interest on the unpaid charge shall accrue at the rate provided for in F.S. § 55.03(1) for interest on judgments. A copy of the claim of lien shall be mailed to the owner of the property, if his or her address is available. The city may pursue all legal means available to collect those liens, including but not limited to imposing a special assessment and collecting such in accordance with § 38.04. The costs incurred for collection, including legal fees, shall be recovered along with all amounts due the city under the lien. The remedies provided above shall be cumulative with all other remedies provided by this section and the election of any one shall not preclude the use of any other. Written notice of the assessment shall be given to the property owner, and if applicable, the agent, custodian, lessee or occupant. Such notice shall be by certified mail, return receipt requested and shall set forth the following:
            1.   A description of the violation, a description of the action taken by the city to abate the nuisance, and the fact that the property has been assessed for the costs incurred by the city in abating the nuisance;
            2.   The aggregate amount of such costs and an itemized list of such costs;
            3.   The intent of the city to place the assessment on the tax roll as a non-ad valorem assessment if not paid by the following August 1;
            4.   The potential for the property to be subject to the sale of a tax certificate, bearing interest by law at the rate as high as 18% per annum, if the non-ad valorem assessment is not paid as part of the tax bill on the property; and
            5.   The potential for the property to be sold and conveyed by tax deed if the tax certificate is not redeemed by payment of the non-ad valorem assessment, in full, plus interest, as required by Florida law.
         (d)   In the event that any property shall require the city to provide the services described above more than once in any 30-day period, an additional fee as established by resolution of the City Commission will be added to the second and each subsequent bill.
         (e)   All liens created pursuant to this section shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid. The amount of such fees shall constitute a lien against the premises to the same extent, character and priority as a lien for special assessments and with the same penalties and the same rights of collection, foreclosure, sale or forfeiture as obtained by special assessment liens and may be handled in the same manner by the city.
         (f)   In addition to the remedies prescribed above, if it shall be brought to the attention of the City Commission and it shall be determined that the accumulation of bulky waste or yard waste on private property within the city is a nuisance and is likely to have an immediate adverse effect upon the public health or safety, the City Commission may, by appropriate resolution or motion, order such nuisance summarily abated by the city in an orderly manner.
      (6)   Access through alleys and rights-of-way. All alleys and rights-of-way used for sanitation, maintenance and utilities services shall be clear of any obstruction.  All vegetation, shrubs, trees and over-hanging branches shall be removed from an alley right-of-way to facilitate access for service vehicles.  It is the responsibility of the immediately adjacent property owner or occupant to remove obstructions from the alley and/or the adjacent right-of-way. Failure to remove overgrowth or obstructions shall constitute a violation. If any obstruction has not been removed within seven working days after notification, the obstacle shall be removed and the owner assessed the total removal costs plus an administrative fee established by resolution of the City Commission to be billed according to § 50.08.  If said fee shall remain unpaid for a period in excess of 30 days after billing, the amount due shall constitute a nonpayment as described in § 50.09.
   (B)   Recycling.
      (1)   Single-family, duplex and triplex owners, renters, and occupants of these units.
         (a)   Recovered materials.  The city shall provide a curbside recycling bin for the purpose of recycling the following materials:
            1.   Glass (brown, green, and clear) food and beverage containers;
            2.   Plastic beverage bottles and jugs such as soda bottles, milk, water, detergent and shampoo bottles without lids or caps;
            3.   Metal cans (steel, tin, and aluminum);
            4.    Aseptics, including milk cartons and juice boxes;
            5.    Newspapers, including inserts, should be placed in a brown paper bag or bound with twine to prevent littering;
            6.    Flattened corrugated card-board, maximum dimensions of two feet by three feet;
            7.    Magazines, books, junk mail, catalogs, and office paper;
            8.    Paperboard boxes, such as cereal and cookie boxes; and
            9.   Any other items deemed an acceptable recyclable item by the Director of Public Works or his or her designee.
         (b)   Requirements.  Food and beverage containers must be rinsed clean of residue.  Caps, pumps, and lids must be discarded.  Plastics should be flattened.
         (c)   Unacceptable materials.  Unacceptable materials for recycling curbside are:
            1.   Window glass, mirrors, and ceramics;
            2.   Plastic bags, films, and wrap;
            3.    Plastics, including bags, styrofoam, flower pots, and microwave containers; or
            4.   Metal and plastic hangers;
            5.   Wire, tin foil, and other pieces of metal;
            6.   Empty containers that held motor oil, bleach, household cleaners, pesticides, automobile fluids, fertilizers, and the like;
            7.   Aerosol and paint cans; or
            8.   Garbage.
         (d)   Scavenging.  Once material is placed in the bin and set in the alley or at the curb, it becomes property of the City of Hollywood.  Persons other than city crews or city- authorized haulers removing any materials shall be fined a penalty of $100 for the first occurrence and $500 for all other occurrences.
      (2)   Dwellings of more than two units.
         (a)   All new and existing multi-family unit owners, landlords, agents, and associations shall be responsible for implementing an on-site recycling program which must be source separated for each of their multi-family units no later than October 1, 2015, unless otherwise noted and excepted.
         (b)   The on-site recycling program shall provide for recycling a minimum of the following materials:
            1.   Glass (brown, green, and clear) food and beverage containers;
            2.   Plastic beverage bottles and jugs such as soda bottles, milk, water, detergent and shampoo bottles without lids or caps;
            3.   Metal cans (steel, tin, and aluminum);
            4.    Aseptics, including milk cartons and juice boxes;
            5.    Newspapers, including inserts;
            6.    Corrugated card-board; and
            7.   Paper, magazines, catalogs, and junk mail.
         (c)   All multi-family unit owners, landlords, agents and associations shall be responsible for notifying and continually educating unit owners and tenants on recycling practices through formal and ongoing education programs. The multi-family unit owners, landlords, agents and associations shall submit evidence on a yearly basis that an on-site recycling program is in place and that ongoing education programs have occurred. General recycling information and current program recycling guidelines shall be distributed to new unit owners or tenants and to all existing unit owners and tenants on an annual basis.
         (d)   Exceptions or alternatives to the on-site recycling program requirement may be requested by the multi-family units owners, landlords, agents or associations in writing to the Director of Public Works or his or her designee. Said request will set forth the reasons why such on-site recycling program cannot be implemented and providing possible alternatives that the multi-family property may utilize. Upon receipt of the written request, the Director or his or her designee will evaluate the written request and determine if compliance with the on-site recycling programs requirements would result in an undue hardship to the property owner(s) and such need for an exception would not be shared generally by other multi-family properties. If such determination is made, the Director of Public Works may approve the exception and require an alternative recycling method be put in place unless all reasonable alternatives are not feasible.
      (3)   Commercial establishments.
         (a)   All new and existing commercial establishments shall implement an on-site recycling program which must be source separated no later than October 1, 2015, unless otherwise noted and excepted. However, commercial establishments that are on minimal waste service of one or fewer waste pickups per month, are exempt from providing an on-site recycling program. Buildings, commercial centers, or office parks with multiple commercial establishments may implement a single on-site recycling program shared by the commercial establishments.
         (b)   The program shall provide for recycling a minimum of the following materials:
            1.   Glass (brown, green, and clear) food and beverage containers;
            2.   Plastic food and beverage bottles and jugs;
            3.   Metal cans (steel, tin, and aluminum);
            4.    Aseptics, including milk cartons and juice boxes;
            5.    Newspapers, including inserts;
            6.    Corrugated cardboard;
            7.   Office paper, magazines, catalogs, and junk mail;
            8.   Used motor oil; and
            9.   Wood.
         (c)   Commercial establishments shall be responsible for notifying and continually educating employees on recycling practices through formal and ongoing education programs. The commercial unit owners, landlords, agents and associations shall submit evidence on a yearly basis that an on-site recycling program is in place and that ongoing education programs have occurred. General recycling information and current program recycling guidelines shall be distributed to new unit owners or tenants and to all existing unit owners and tenants on an annual basis.
         (d)   Exceptions or alternatives to the on-site recycling program requirement may be requested by the commercial establishments in writing to the Director of Public Works or his or her designee. Said request will set forth the reasons why such on-site recycling program cannot be implemented and providing possible alternatives that the commercial establishment may utilize. Upon receipt of the written request the Director or his/her designee will evaluate the written request and determine if compliance with the on-site recycling programs requirements would result in an undue hardship to the commercial establishment and such need for an exception would not be shared generally by other commercial establishments. If such determination is made, the Director of Public Works may approve the exception and require an alternative recycling method be put in place unless all reasonable alternatives are not feasible.
(‘72 Code, § 13-6)  (Ord. O-70-59; passed 7-1-70; Am. Ord. O-73-8, passed 1-17-73; Am. Ord. O-86-10, passed 2-5-86; Am. Ord. O-87-07, passed 2-18-87; Am. Ord. O-94-19, passed 6-1-94; Am. Ord. O-95-08, passed 2-15-95; Am. Ord. O-97-01, passed 2-5-97; Am. Ord. O-2004-15, passed 6-2-04; Am. Ord. O-2006-14, passed 5-3-06; Am. Ord. O-2007-07, passed 4-18- 07; Am. Ord. O-2008-02, passed 1- 16-08; Am. Ord. O-2010-35, passed 10-6-10; Am. Ord. O-2012-18, passed 9-5-12; Am. Ord. O-2012- 21, passed 11-7-12; Am. Ord. O- 2020-10, passed 9-2-20)  Penalty, see § 10.99