All solid waste generated within the geographic boundaries of Pompano Beach shall be collected by the franchise collector and disposed of as directed by the city disposal agreement. All materials shall be generated from the property on which the materials are placed for removal.
(A) Residential customer - house, duplex and triplex dwellings.
(1) Shall keep and maintain roll cart(s) provided by the city contractor bags in which garbage or program recyclables shall be deposited for collection. Roll cart(s) shall be sufficient in number to meet the requirements of collecting materials generated at the site as per the schedule described in § 96.11, unless otherwise specified herein.
(2) Vegetative material must be placed into the garbage roll cart(s) for collection. Items in such a size and/or quantity that precludes or complicates the materials to be containerized for normal solid waste collection service shall be placed out for collection as bulk trash.
(3) Program recyclables will be collected once per week and should be placed into the appropriate recycling roll cart for collection.
(4) All materials shall be placed into the roll cart(s) while allowing for the lid to properly close. Bagged or loose materials placed outside the roll cart(s) will not be collected. Collection may be made by way of alleys where such are available, but not in any case shall they be placed on any public street, alley, road, sidewalk, parkway, or part thereof.
(5) On collection day roll cart(s) shall be placed curbside and located at points in an area adjacent to a driveway and not over five feet from the curb line at the edge of the pavement or edge of a travelway, in such a manner that does not obstruct, interfere or endangers pedestrian or vehicular traffic. Roll cart(s) should face forward with lid opening toward the pavement.
(6) Bulk trash.
(a) Bulk trash shall be placed at the curb for collection one time per week and shall coincide with a solid waste collection day.
1. Bulk trash shall be placed for collection at a single, readily-accessible location in an area adjacent to a driveway, not within five feet of an abutting property and not over five feet from the curb line or edge of the pavement or edge of a travel way.
2. Bulk trash shall not be placed for collection earlier than 5:00 p.m. on the day prior to the scheduled collection day or later than 7:00 a.m. on the scheduled collection day, and should not be placed so as to block any storm drain or access to utility service or meters.
3. With the exception of palm fronds, vegetative materials must be less than six feet long and bagged and/or bundled and be no greater than 50 pounds in weight.
4. Materials must be capable of being managed manually by a two person crew.
5. Bulk waste shall be limited to a maximum of four cubic yards per week.
6. On an annual basis (January - December) the city will provide two complimentary excess bulk collections for materials that exceed the amount set forth in subsection 5. above. Each complimentary excess bulk collection shall not exceed 16 cubic yards. The city must be contacted prior to placing the materials for removal. After the two complimentary excess bulk collections are exhausted, the resident may contact the city to receive a quotation for removal of materials in excess of four cubic yards. The fee for any additional service needs to be paid prior to services being rendered.
(b) Residents may deliver bulk trash to the residential drop-off station on each Saturday.
1. Materials only accepted between the hours of 8:00 a.m. and 3:00 p.m.
2. Materials shall only be accepted from residential customers in non-commercial cars and pickup trucks (with a bed no larger than four feet by eight feet).
3. Garbage shall not be accepted.
(7) Roll cart(s) shall not be placed for collection earlier than 5:00 p.m. on the day prior to the scheduled collection day or later than 7:00 a.m. on the scheduled collection day, and all roll cart(s) shall be removed from curbside on the day of collection and returned to a location that is away from public view.
(8) The Public Works Director or designee shall make the determination upon considering damage as a result of solid waste service, garbage overflow from receptacles and failure to timely remove receptacles from curb, or other matters as they pertain to this chapter. All issues are subject to being forwarded to Code Compliance for enforcement.
(B) Residential customers - multifamily dwellings and mobile home trailers.
(1) All multifamily dwellings and mobile home trailers shall obtain and utilize service from the city contractor for the collection of all solid waste using roll cart(s) or dumpster containers. The service shall be at a level necessary for removal of all solid waste from the premises, but in no event less than the minimum level of service required in § 96.11 and as may be additionally required to prevent violations of this chapter. Such locations, subsequently, may be required to have dumpster containers if determined necessary to meet the requirements of this chapter by the Public Works Director or his designee. Dumpster container service shall then be governed by the provisions on dumpster containers. Those requirements shall be applicable unless otherwise specified herein and to the extent that they do not conflict with federal and state law.
(2) Failure of the city contractor and customer to agree upon appropriate levels of service as required shall result in the matter being referred to the city's Public Works Director or designee for a recommendation as to service, in an effort to resolve any such dispute and to avert potential violations. Failure of the customer to comply with the recommendation may result in violations of the requirements contained herein. No reduction in the level of established service shall occur until such time as the dispute process herein has been completed.
(3) Roll cart(s) shall be kept in a single location easily accessible to collection crews and vehicles. The owner or occupant of the property shall keep and maintain roll cart(s) provided by the city contractor in which garbage or program recyclables shall be deposited for collection. Roll cart(s) shall be sufficient in number to meet the requirements of collecting materials generated at the site as per the schedule described in § 96.11, unless otherwise specified herein.
(4) Program recyclables will be collected once per week and should be placed into the appropriate recycling roll cart for collection.
(5) All materials placed into the roll cart(s) or dumpster shall allow for the lid to properly close. Bagged or loose materials placed outside the roll cart(s) or dumpster will not be collected. Receptacles shall be kept in an easily accessible location to the collection vehicle, but not in any case shall they be placed on any public street, alley, road, sidewalk, parkway, or part thereof.
(6) Vegetative material must be placed into the garbage roll cart(s) or dumpster container for collection, or removed by contractor that performed the service.
(7) In such cases where items are in such a size and/or quantity that precludes or complicates the materials to be containerized for normal solid waste collection, a member of the HOA Board of Directors or Property Manager may contact the city for removal. On an annual basis (January - December) the city will provide two complementary bulk collections for the complex. The city must be contacted prior to set out. After complementary bulk collections are exhausted, a member of the HOA Board of Directors or Property Manager may contact the city to receive a quotation for removal of materials. At any time, a resident of the complex may contact the city for a price quote for removal of materials. The fee for service needs to be paid prior to services rendered.
(8) Residents may deliver bulk trash to the residential drop-off station on each Saturday, between the hours of 8:00 a.m. and 3:00 p.m. Materials shall only be accepted from residential customers in non-commercial cars, pickup trucks (with a bed no larger than four feet by eight feet). Garbage is not accepted.
(9) Multiple dwellings using roll cart(s) shall be billed by the number of apartment units.
(10) The Public Works Director or designee shall make the determination upon considering damage as a result of solid waste collection service, garbage overflow from receptacles and failure to timely remove receptacles from curb, or other matters as they pertain to this chapter. All issues are subject to being forwarded to Code Compliance for enforcement.
(C) Commercial or business establishments.
(1) All commercial or business establishments or locations with multiple commercial establishments shall obtain and utilize service from the city contractor for the collection of all solid waste using roll cart(s), dumpster or roll-off containers. The service shall be at a level necessary for removal of all solid waste from the premises but in no event less than the minimum level of service required in § 96.11 and as may be additionally required to prevent violations of this chapter locations may be required to have dumpster containers. Dumpster container service shall then be governed by the provisions on dumpster containers. Those requirements shall be applicable unless otherwise specified herein and to the extent that they do not conflict with federal and state law.
(2) Failure of the city contractor and customer to agree upon appropriate levels of service as required shall result in the matter being referred to the City Public Works Director or designee for a recommendation as to service, in an effort to resolve any such dispute and to avert potential violations. Failure of the customer to comply with the recommendation may result in violations of the requirements contained. No reduction in the level of established service shall occur until such time as the dispute process herein has been completed.
(3) Roll cart(s) shall be kept in a single location easily accessible to collection crews and vehicles. The owner or occupant of the property shall keep and maintain roll cart(s) provided by the city contractor in which garbage shall be deposited for collection. Roll cart(s) shall be sufficient in number to meet the requirements of collecting materials generated at the site as per the schedule described in § 96.11, as amended, unless otherwise specified herein.
(4) All materials described herein for disposal or recycling shall be placed into the roll cart(s) or dumpster shall allow for the lid to properly close. Bagged or loose materials placed outside the roll cart(s), dumpster or roll-off container will not be collected. Receptacles shall be kept in an easily accessible location to the collection vehicle but not in any case shall they be placed on any public street, alley, road, sidewalk, parkway, or part thereof.
(5) The franchise collector shall offer commercial recovered materials collection to all its commercial customers in the service area and provide such collection upon request by the customer, the city, or through the solicitation efforts of the franchise collector. Franchise collector may provide these services at competitive rates that shall not be controlled by any agreement. However, commercial recovered materials collection is not exclusive to the franchise collector, as currently defined in F.S. § 403.7046, or as may be amended in the future. To be considered recovered materials, a commercial container may contain only a de minimis amount of solid waste. If a commercial container contains more than a de minimis amount of solid waste, all materials in the container shall be considered solid waste and shall be collected by the franchise collector and delivered as per the term of the disposal agreement. Preprocessing of these materials is not allowed. If it is determined that the container continuously contains more than a de minimis amount of solid waste, the container shall be classified as a solid waste container, subsequently be under the jurisdiction of the franchise collector. Regardless of the level of recovered materials collection, there shall be an adequate level of solid waste service to capture the non-recovered materials generated.
(6) The Public Works Director or designee shall make the determination upon considering damage as a result of solid waste service, garbage overflow from receptacles and failure to timely remove receptacles from curb, or other matters as they pertain to this chapter. All issues are subject to being forwarded to Code Compliance for enforcement.
(D) Construction & demolition.
(1) The lawful disposal of construction debris shall be the responsibility of the owner, and the owner may utilize its own containers and/or equipment, including motor vehicles, to properly dispose of construction debris; provided, however, that the owner shall not be permitted to subcontract the removal and disposal of such debris to persons other than the city's contractor if the construction, renovation or demolition project shall generate a cumulative total of more than ten cubic yards. Only the franchise collector shall be permitted to remove or dispose of construction debris if the construction, renovation or demolition project shall generate a cumulative total of more than ten cubic yards for the entire project.
(2) Stockpiling shall not be permitted and to prevent stockpiling the owner shall utilize the containers of the city's contractors and/or equipment, including motor vehicles, to properly dispose of the construction debris if the owner does not have the ability, that is, the ownership of containers and/or equipment, to prevent stockpiling.
(3) The owner of any construction, renovation, or demolition project shall be permitted to utilize the services of any hauling and/or disposal service which holds an approved business tax receipt from the city, when the construction, renovation or demolition project shall generate a cumulative total of ten cubic yards of construction debris or less for the entire project.
(4) For the purposes of this subsection, the term OWNER shall be defined as the owner, the owner's employees or the owner's building or demolition contractors.
(5) The franchise collector shall offer commercial recovered materials collection to all its commercial customers in the service area and provide such collection upon request by the customer, the city, or through the solicitation efforts of the franchise collector. Franchise collector may provide these services at competitive rates that shall not be controlled by any agreement. However, commercial recovered materials collection is not exclusive to the franchise collector, as currently defined in F.S. § 403.7046, or as may be amended in the future. To be considered recovered materials, a commercial container may contain only a de minimis amount of solid waste. If a commercial container contains more than a de minimis amount of solid waste, all materials in the container shall be considered solid waste and shall be collected by the franchise collector and delivered as per the term of the disposal agreement. Preprocessing of these materials is not allowed. If it is determined that the container continuously contains more than a de minimis amount of solid waste, the container shall be classified as a solid waste container, subsequently be under the jurisdiction of the franchise collector. Regardless of the level of recovered materials collection, there shall be an adequate level of solid waste service to capture the non-recovered materials generated.
(6) A 12% franchise fee will be imposed on all temporary construction and demolition roll-off containers. This fee is based on gross revenue from receipts (excluding franchise fees), and shall include collection and disposal fees. The franchise fee will be collected and submitted by the franchise collector to the city as per the terms of the agreement between parties.
(E) Miscellaneous.
(1) Service to be withheld where receptacles do not comply with standards. No service shall be given where the material to be collected is not placed in receptacles, or containers as specified in this subchapter. No service shall be given where the receptacles are defective or are missing handles or contain excessive amounts of water.
(2) Extra collections. Where necessary to protect public health, the city shall have the authority to require more frequent collections, modify size of dumpster or additional container(s) and require the user to pay for the additional services.
(a) The customer may be assessed a special service fee from the franchise collector applied to its account. This special service fee may be assessed for the collection and disposal of material overloading the container in a manner that its contents are not contained within. The special service fee shall compensate for the additional time required for the driver to clean up materials spilled during collection due to an overloaded container and for disruption to the service schedule. The special service fee charge of $175 per incident shall be capped at $700 per month. The
franchise collector shall take date/time stamped photos of the overloaded container, and the photos of the overloaded container will be provided to the customer.
(b) The customer will then have an opportunity to adjust the container size or service days to properly accommodate its solid waste needs to avoid any future overloads. Upon the adjustment, the franchise hauler will credit any special service fee charge paid.
(c) Alternatively, the customer may request to appeal the imposition of the special service fee within 30 days of the date of invoice, by providing written request for a hearing before the city's Special Magistrate for Code Compliance, delivered to the city's Solid Waste Manager. Following review of all evidence, the Special Magistrate may uphold or reverse the assessment of the special service fee and may impose an additional assessment for the cost of the proceeding should the special service fee be upheld.
(3) All containers provided for in this chapter, with the exception of those containers specifically of identified in this section, shall be provided, serviced and maintained exclusively by the city contractor.
(4) Franchise collector is not required to collect hazardous waste, but may offer such service within the city, outside of this agreement. The terms of such collection shall be as agreed between franchise collector and the customers.
(5) Authorized waste haulers. It shall be unlawful for any person or entity to engage in the collection and hauling of solid waste within the city, unless the person or entity has been authorized by a contract with the city as the city contractor for collection or hauling of solid waste.
(6) Failure to comply with any of the requirements of this chapter shall constitute a violation for each such requirement. Each and every calendar day not in compliance shall constitute a separate violation.
(7) Violation of any provision of this chapter may be prosecuted before a Special Magistrate for code enforcement under the provisions contained in Chapter 37, or in the County Court punishable under § 10.99, or by a combination of both. The city may also pursue additional remedies for any such violations as provided by law including, but not limited to, abatement of any accumulation of any solid waste which constitutes a public nuisance pursuant to the provisions of this chapter.
(8) In addition, garbage, trash or bulk trash placed adjacent to a driveway or travel way at any time other than the time periods authorized or materials placed for bulk collection in violation of § 96.12, may be removed by the city or its contractor if not corrected within 48 hours after issuance of a violation notice by the city. A fee consistent with the fees set forth in § 96.13(D) shall be charged for such collection and all charges shall be to the nearest whole cubic yard. The fee shall be placed on the water bill of the adjacent property and shall be the responsibility of the account holder and property owner. If the property does not receive water service from the city, then a separate bill for this service charge shall be sent to the property owner. Failure to pay any such charges may result in same being forwarded to an outside agency for collection or may be subject to the provisions of § 96.13(E). If a violation of any subsection listed above is repeated, the city shall notify the violator but is not required to provide reasonable time to correct the violation.
(9) Any person assessed a collection fee pursuant to this chapter, may contest the imposition of the fee by submitting a written request for a hearing to the Special Magistrate Clerk's Office, which must be received in that office no later than 14 days after the bill date listed on the bill that imposed the fee. The matter will be set and heard by the Special Magistrate for Code Enforcement at the next available hearing date. The Special Magistrate may either uphold or remove the fee based solely upon the determination whether the conditions in violation of this chapter did exist.
(10) Dumpster containers. The charges for dumpster containers shall be billed to and payable by the owner or lessee of the building or buildings which the bulk container serves or to the person requesting the collection service. However, where one bulk container serves more than one building and the buildings are owned or leased by different persons, the owners or lessees shall determine among themselves who shall be responsible for the payment of the service charge. Charges will be billed directly from the city contractor.
(‘58 Code, § 17.03) (Ord. 71-30, passed 6-22-71; Am. Ord. 73-98, passed 9-28-73; Am. Ord. 76-99, passed 9-7-76; Am. Ord. 85-17, passed 1-8-85; Am. Ord. 91-55, passed 6-4-91; Am. Ord. 92-08, passed 11-5-91; Am. Ord. 95-59, passed 4-25-95; Am. Ord. 2000-60, passed 5-23-00; Am. Ord. 2005-37, passed 2-8-05; Am. Ord. 2007-15, passed 11-28-06; Am. Ord. 2007- 37, passed 3-13-07; Am. Ord. 2007-57, passed 7-10-07; Am. Ord. 2011-23, passed 2-8-11; Am. Ord. 2012-66, passed 9-11-12; Am. Ord. 2013-62, passed 5-28-13; Am. Ord. 2016-45, passed 2-23-16; Am. Ord. 2016-78, passed 9-27-16; Am. Ord. 2019-56, passed 4-9-19; Am. Ord. 2020-03, passed 10-7-19) Penalty, see § 10.99