(A) Refuse disposal.
(1) Prior to the issuance of a building permit, all building contractors and persons acting in the capacity of a building contractor, engaged in building or remodeling operations shall certify in writing that they shall make the necessary arrangements to provide for cleanup and legal disposal of all trash and refuse as required by this chapter.
(2) Prior to the issuance of a certificate of occupancy for any residential, commercial, or industrial building, both a statement from the building division that the provisions of this chapter have been complied with and verification of compliance with this chapter must be provided to the building division.
(B) Receptacles required. It shall be unlawful for any construction and/or demolition contractor to fail to provide roll-off bulk containers, dump trailers, dump trucks, metal refuse containers, or anchored wire mesh container(s) on the construction/demolition site sufficient for the storage and collection of loose debris, paper, building material waste, scrap material, and other trash produced by those working on the construction/ demolition site. All such material shall be containerized. The number of containers required at the work site, and the frequency of disposal shall be determined by the volume of refuse produced.
(C) Adjacent areas. Dirt, sand, construction materials, or other debris cast or scattered upon any adjacent public or private property as a result of construction or demolition activities shall be removed by the construction/demolition site contractor no later than the end of the work day of the incident or earlier if the materials shall cause a public nuisance.
(D) Engaging in business of construction and demolition (C&D) debris collection and disposal; issuance of non-exclusive franchise agreements to private collectors.
(1) No person, firm or corporation shall place and/or service roll-off containers for the collection and transport of C&D debris in the city without first applying for and receiving a non-exclusive franchise from the city to carry on such a business. The non-exclusive franchise required by this section shall be in addition to any occupational and other license(s) which otherwise may be required by law.
(2) It shall be unlawful for any C&D debris collector to provide roll off container service to any property located within the corporate limits of the city between the hours of:
(a) 12:00 a.m. and 7:00 a.m. on Monday;
(b) 7:00 p.m. and 7:00 a.m. Monday through Saturday;
(c) 7:00 p.m. and 12 p.m. on Saturday; and
(d) At anytime on Sunday.
(3) No franchise granted pursuant to this section shall be deemed the property of the holder thereof.
(4) The city reserves the power to revoke all franchises granted pursuant to this section, to change or limit the rights granted or to otherwise modify such franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking of a property, or an impairment of contract or right of any franchisee. It is the express intention of this section to reserve unto the city the power, in its sole discretion, to alter the methods of C&D debris collection and disposal employed in the city, and the manner in which C&D debris services may be provided within the city.
(5) The franchise(s) shall be granted only after the applicant for the franchise has filed with the Public Works Department an application and such other documentation as may reasonably be required to establish that the applicant meets all of the requirements delineated in this section.
(6) Franchise period. A franchise shall be issued for five (5) years. Application for renewal is required on or before September 30.
(7) Applications for a non-exclusive franchise (or renewal) shall be made to the city upon such form and in such manner as shall be prescribed by the Public Works Director to elicit the following information and to be accompanied by supporting documents and such other information as may be required by the city:
(a) Name of applicant. If the applicant is a legal entity, the names and business addresses of the principal officers and stockholders and other persons having any financial or controlling interest in the partnership or corporation; provided, however, that if the corporation is a publicly owned corporation having more than twenty-five (25) shareholders, then only the names and business addresses of the local managing officers shall be required.
(b) Qualifications of applicant. The applicant for a franchise under this section, if an individual, or in the case of a legal entity, any person having any financial, controlling or managerial interest therein, shall provide the following information, which shall be submitted by the applicant:
1. Performance history. The names and telephone numbers of the contact persons in other communities or agencies who can provide information about the applicant’s past performance.
2. Business history. Whether such applicant has operated a C&D debris roll off container service business under a franchise, permit or license, and if so, where, when, and whether such franchise, permit or license has ever been revoked or suspended and the reasons therefor.
3. Existence of business entity. If the applicant is a legal entity, applicant shall submit proof of good standing in the state of organization and, if a foreign legal entity, applicant shall provide information certifying that applicant is qualified to do business in the state. If applicant is operating under a fictitious name, applicant shall be required to submit information that such fictitious name is registered and held by applicant.
(c) Equipment and method of operation. The applicant for a franchise shall possess equipment capable of providing safe and efficient service. In making such a determination and approving the method of operation for each applicant, the city shall require the following information:
1. The type, description, and estimated number of all equipment to be used by the applicant for providing service.
2. The number of employees to be used in providing services.
3. A sworn and notarized statement that the applicant will use only disposal sites approved by the appropriate county/state/federal regulatory agencies for disposing of all C&D debris.
(d) Insurance requirements. The applicant for a franchise shall be required to maintain at all times, and provide appropriate certificates of insurance to the city for, a commercial general liability insurance policy to cover liability for damages because of bodily injury to any person or persons, and to cover liability damage of property of any person arising from or in connection with C&D debris roll-off container service within the city. Such insurance shall be carried with the minimum limits of coverage being of not less than one million dollars ($1,000,000) for bodily injury in any one (1) occurrence, and not less than one million dollars ($1,000,000) in any occurrence and one million dollars ($1,000,000) in the aggregate for damage to property.
(e) Application form. Each application for a franchise (or renewal) shall be made on a standard form promulgated by the Public Works Department and shall include an affirmation that the applicant shall comply with the requirements of this section and the franchise agreement and shall be notarized.
(f) Fee. An application fee in the amount of five hundred dollars ($500) shall accompany each application for a franchise (or renewal).
(g) The provisions of subparagraph (d) shall be inapplicable to the city’s exclusive franchise collector for solid waste since such collector provides insurance, bonding and other services to the city pursuant to such exclusive franchise.
(8) Review and issuance. The completed application along with the appropriate fee(s) shall be submitted to the city. Upon receipt of a completed application and fee(s), the Public Works Director shall provide for the review of said application and the city shall either grant or deny the application (or renewal).
(9) Denial of application. The city shall have the discretion to deny any application for a non-exclusive franchise (or renewal) under any of the following circumstances:
(a) Failure to comply with any of the requirements of this section and/or the franchise agreement;
(b) Evidence that the applicant’s franchise with the city was previously terminated within five (5) years prior to the date of the application;
(c) Evidence that the applicant previously operated a C&D debris roll off container service in the city without holding a valid franchise after the effective date of this section; or
(d) A finding that the applicant lacks sufficient experience, equipment, staff, or disposal plan to safely comply with the requirements of this section and/or the franchise agreement.
In the event the Public Works Director denies an application for a franchise, the applicant shall be notified, by certified mail, of the denial and the reasons for the denial.
(10) Appeal from the Public Works Director of the denial of a franchise (or renewal).
(a) The denial of a franchise (or renewal) by the Public Works Director may be appealed to the City Manager. The applicant shall pay a non-refundable appeal fee of one hundred dollars ($100) and the appeal shall be filed in writing with the City Manager no later than fourteen (14) days after the receipt of the mailing of the certified letter advising the applicant of the denial.
(b) The City Manager shall either affirm the decision of the Public Works Director or forward the application to the City Council for issuance of the franchise (or renewal). A decision of the City Manager to affirm the decision of the Public Works Director may be appealed to the City Council. The decision by the City Council shall be final.
(11) Identification of equipment. All equipment utilized to collect and transport C&D debris in the city must be conspicuously marked on both sides of the automotive unit with the name of the franchisee, and roll-off containers shall be conspicuously marked with the name of the franchisee. All markings must be in letters and numerals at least two (2) inches in height.
(12) Placement and maintenance of containers. Roll off containers shall not be placed in the public right-of-way. Equipment and other franchisee property shall be maintained, and all operations shall be conducted, in compliance with this chapter. The city, in its discretion, may require a change in the location of, or replacement of, a container if it becomes an unsightly nuisance, causes a code violation to occur, poses a threat to the surrounding environment, threatens the health and/or safety of the city’s population, or becomes unsanitary and/or inoperable.
(13) Information required of franchisees. Change in required information. Each franchisee shall file any change in information which is required to be submitted to the city by filing the changed information with the Public Works Director.
(14) Any and all solid waste material collected by a franchisee within the city shall be disposed of only at disposal sites approved by the appropriate county/state/federal regulatory agencies.
(15) All franchisees shall comply with the provisions of this section. The city may use information available to determine compliance of franchisees.
(16) Revocation and suspension of non-exclusive franchise. The Public Works Director may, in his discretion, revoke or suspend a non-exclusive franchise pursuant to the following:
(a) The Public Works Director shall provide the franchisee with written notice reasonably specifying the reason(s) for the proposed revocation or suspension of the franchise, and the franchisee shall be afforded five (5) business days to cure the violation stated in such notice.
(b) The violation of any of the provisions of this section and/or the franchise agreement shall be cause for revocation or suspension of a franchise.
(c) In the event the franchise fails to cure the violation within five (5) business days, the Public Works Director may revoke or suspend a franchise and may immediately declare such franchise null and void, and upon such revocation or suspension, franchisee shall immediately cease all operations, and shall be considered to have forfeited said franchise and any rights acquired thereunder. The franchisee shall remove all C&D debris roll-off containers within ten (10) business days after the mailing of notice of revocation or suspension. In the event all C&D debris roll-off containers are not removed within ten (10) business days after the mailing of notice of revocation or suspension, the city shall order the property owner or general contractor to remove same within five (5) business days. In the event the property owner or the general contractor fail to remove same within five (5) business days, such failure shall constitute a violation of this section.
(17) Appeal from the Public Works Director of the revocation or suspension of franchise.
(a) The revocation or suspension of a franchise by the Public Works Director may be appealed to the City Manager. The applicant shall pay a non-refundable appeal fee of one hundred dollars ($100) and the appeal shall be filed in writing with the City Manager no later than fourteen (14) days after the receipt of the mailing of the certified letter advising the applicant of the revocation or suspension.
(b) The City Manager shall either affirm the decision of the Public Works Director or direct the Public Works Director to reinstate the franchise. The decision of the City Manager may be appealed to the City Council. The decision by the City Council shall be final.
(18) The Building Official shall collect a C&D Debris Collection and Disposal Surcharge ("C&D Surcharge") on all permits issued by the city pursuant to Section 170.008(A) of the Code of Ordinances of the city of Palm Bay. The C&D surcharge shall be computed at the rate of 0.25% of the value of the work permitted provided that no C&D surcharge shall be less than two dollars and fifty cents ($2.50) nor more than one hundred dollars ($100.00) for single-family or mobile home properties nor more than five hundred dollars ($500.00) for all other properties. The surcharge shall be deposited in the General Fund of the city.
(19) Nothing in this section shall prohibit a roll off container service provider who obtains a franchise from continuing to provide the same service that is provided prior to the effective date of this ordinance.
(E) Enforcement.
(1) Enforcement shall occur through the building division when the site is not clean. When notified by the building division, the contractor shall have twenty-four (24) hours to clean the site or all inspections shall be stopped. A re-inspection fee of fifty dollars ($50) shall be paid to determine compliance and to authorize inspections. The fee for a second re-inspection shall be one hundred dollars ($100). The fee for each subsequent re-inspection shall be two hundred dollars ($200). Re-inspections shall be counted based on the life of the permit.
(a) Persons with an interest in property. It shall be a violation for any person to permit collection of C&D debris by any non-franchised C&D debris service providers from any parcel of land owned or leased by, or in the control of, such person.
(b) General contractors. It shall be a violation for any general contractor to permit collection of C&D debris by any non-franchised C&D debris service providers from any parcel of land which the general contractor holds a building permit.
('74 Code, § 11-3(f)) (Ord. 91-24, passed 9-19-91; Am. Ord. 2006-68, passed 6-15-06; Am. Ord. 2010-20, passed 7-15-10; Am. Ord. 2010-55, passed 10-21-10)