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O-57-161 ORDINANCE NO. /61, . -- AN ORDINANCE ESTABLISHING A MUNICIPAL SERVICE FOR THE COLLECTION AND DISPOSAL OF ALL GARBAGE AND TRASH ACCUMULATED IN THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA;. SETTING FORTH THE AUTHORITY OF THE CITY SUPERINTENDENT; PRESCRIBING REGULATIONS FOR THE STORAGE AND COLLECTIONS OF GARBAGE AND TRASH; PROVIDING FOR THE UAINTENANCE OF SANITARY CONDITIONS ON PUBLIC AND PRIVATE PREMISES IN THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA; PROVIDING FOR THE IMPOSITION AND COLLECTION AND BILLING BY THE CITY OF FEES FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND TRASH; AND PRESCRIBING FOR OTHER MATTERS RELATING THERETO; AND PRESCRIBING PENALTIES FOR VIOLA~ TIONS OF ITS PROVISIONS. BE IT ORDA1£NED AND ESTABLISHED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA: SECTION 1. TITLE. This Ordinance shall be known and may be cited and otherwise referred to as the "MUNICIPAL REFUSE COLLECTION SERV!te'Jj:': ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA". SECTION 1.01. SHORT TITLE. This Ordinance shall also be known and may be cited and otherwise referred to as the "GARBAGE ORDINANCE OF CLER}10NT". SECTION 2. DEFINITIGNS. For the purpose of this Ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future words in the plural number, include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "City" is the City of Clermont, Lake County, Florida. (b) "Garbage" is putrescib1e animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food and all other waste materials resulting from the normal manage- ment of a domicle or food handling establishment. (c) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (d) "Refuse" is all putrescible and nonputrescible solid wastes (except bpdy wastes), including garbage and trash and dead animals. (e) "Trash" is worthless or waste matter of any kind resulting from yard maintenance or construction waste. // (f) "Council" is the City Council of the City of Clermont, Lake County, Florida. (g) "Director" is the Street Superintendent of the City of Clermont. -e. -- SECTION 3. Collect~on by City. All refuse accumu- lated in the City shall be collected, conveyed and disposed of by the City. No person shall collect, convey over any of the streets or alleys of the City, or dispose of any refuse accumu- lated in the City. (a) Exception for Actual Producers. This Ordinance sijall not prohibit the actual producers of garbage or trash, or the owners of premises upon which garbage or trash has accumulated, from personally collecting, conveying and disposing of such refuse, provided such producers or owners comply with the provisions of this Ordinance and with any other governing law or ordinances. (b) Exception for Outside Collectors. This Ordinance shall not prohibit collectors of garbage or trash from outside the City from hauling such garbage or trash over the City streets, provided such collectors comply with the provisions of this Ordinance and with any other governing law or ordinances. SECTION 4. Collection Supervised by Street Superintendent. All garbage or trash accumulated in the City shall be collected, conveyed and disposed of by the City under the supervision of the Director of Highways. The Director shall have the authority to" make "regula- tions concerning the days of collection, type and location of garbage containers and such other matters pertaining to the collection, conveyance and disposal as he shall find necessary, and to change and modify the same after notice as required by law, provided such regulations are not contrary to the provisions hereof. (a) Appeals. Any person aggrieved by a regulation of, or fee charged by, the Director shall have the right of appea 1 to the City Council of the City of Clermont, who shall have the authority to confirm, modify or revoke any such regulation or fee. SECTION 5. Precollection Practices. .. (a) Separation of Garbage and Trash. Garbage and Trash shall be placed and maintained in separate containers. (b) Preparation of Garåage. (1) Garbage. All garbage before being placed in garbage cans for collection shall have drained from it all free liquids and may be wrapped in paper. (2) Trimmings and Clippings. Tree trimmings, hedge clippings and similar material shall be cut to length not to exceed four feet. (c) Garbage Containers. (l) Duty to Provide and Maintain in Sanitary Condition. Garbage containers shall be provided by the owner, tenant, lessee or occupant of the premises. Garbage contain- ers shall be maintained in good condition. Any container that does not conform to the provisions of this Ordinance or that may have ragged or sharp edges or any other defect liable to hamper or injure the persons coll- ecting the contents thereof shall be promptly replaced upon notice. The Director shall have the authority to refuse collection service for failure to comply herewith. ., (2') Garbage. of metal, and tight tight. Garbage containers 5h~ll be made equipped with suitab!ê handles fitting covers, and shall be water .. (3) Capacity. Garbage containers shall have a capacity of not more than 30 gallons. (4) Sanitation. Garbage containers shall be of a type approved by the Director and shall be kept in a clean, neat and sanitary condition at all times. .. (d) Storing of Refuse. (l) Public Places. No person shall place any refuse in any street, alley or other public place, or upon any private property whether owned by such person or not, within the City except it be in proper containers for col- lection or under express approval granted by the Director. Nor shall any person throw or deposit any refuse in any stream or other body of water. (2) Unauthorized Accumulation. Any unauthorized accumulation of refuse on any premises is here- with declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of refuse within thirty days after the effective date of this Ordinance shall be deemed a violation of this Ordinance. (3) Scattering of Garbage. No person shal1cast, place, sweep or deposit anywhere within the City any garbage in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied pre- miseswithin the City. (4) The burning of garbage is prohibited within the city limits of Clermont. (e) Points of Collection. Refuse containers should be placed for collection at ground level at the curb line in front of the property. At no time may they be placed within the curb boundaries or on the im- proved, paved or hard-surfaced area of any street, public-way, alley or thoroughfare. The Director may under separate rules or regulations, approved by the City Council, provide other areas for the placing of these containers and when any person is so advised such rule or regulations shall be mandatory upon such person. It is contemplated in this provisionthat for safety, health, sanitary reasons, as well as for con- venience of the property owner and the City that cer- tain properties should have different designated areas from others. -3- -- SECTION 6. Collection Practices. (a) Frequency of Collection. (1) Residential. Refuse accumulated by resi- dences shall be collected at least twice each week. (2) Commercial. Hotels, rewtaurants and such other businesses and institutions as deem it necessary may enter into an agreement for a greater frequency of collections. Where necessary to protect the pµblic'hea1th, the Director shall have the authority to require that more frequent collections be made. Otherwise a minimum of two weekly collections shall be made. (b) Limitation of Quantity. (1) Residential. The Director shall collect a reasonable accumulation of refuse of each family during a collection period'for the stamdard charge. (2) Commercial. The Director shall collect a reasonable accumulation of refuse of hotels, restaurants and other businesses and in- stitutions during the collection period at a fair charge based upon the average weight or volume. The Director shall have the authority to refuse to collect unreasonable amounts or to make an additional charge for such amounts. (c) Special Refuse Problems. (1) Contagious Disease Refuse., The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases havé prevailed should be performed under the supervision and direc- tion of the Director. Such refuse shall not be placed in containers for regular collections. (2) Inflammable or Explosive Refuse. Highly in- flammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the Director at the expense of the owner or possess- or thereof. . (3) Construction Wastes. Owners of all property on which buildings of any kind are being constructed shall remove all refuse, trees, limbs and all other rubbish, including rubbish accumulated thereon during construction. If the owner desires the City to remove sam~, the Director will determine the number of loads at $6.00 per load and notify the owner or contractor who shall pay same. This provision shall apply to all of the owners' contractors. -4- (4) An excessive accumulation of trash such as trees, limbs and branches from trees, trim- mings or other rubbish from pruning of trees, plants, hedges, et'cetera shall be removed by the owner at his expense when so notified by the Director or the Director may notify the owner of the removal cost on the basis of $6.00 per load, which siall be immediately paid by the owner to the City Clerk of the City of Clermont. -- Whenever the Uirector shall so notify the owner and the "owner shall fail or refuse for any reason to remove said excessive accumulated trash, the Director shall cause same to be re- moved from the property by the City crews and shall direct the City Clerk to bill the owner in the usual manner for the monthly billing of garbage,and trash, and if not paid, the City may enforce collection thereof, as provided herein, or the City may claim a lien upon the premises and enforce same, as provided under the appropriate Statutes of the State of Florida and/or the Charter or Ordinances of the City of Clermont covering such lien enforcement. The load cost shall be based on the maximum load that may be placed in or upon any truck used by the City in such collection o~ remov- al, except a truck commonly known as "Pick-up Truck". (d) Collection by Actual Producers and Outside COllectors. (l) (~ Requirements for Vehicles. The actual producers of refuse or the owners of premises upon which refuse is aaccumulated who desire personally to collect and dispose of such refuse, persons who desire to dispose of waste material not included in the definition of refuse and collectors of refuse from outside the City who desire to haul over the streets of the City, shall use a water- tight vehicle providedwith a tight cover ana so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled. Disposal. Disposal of refuse by persons so per- mitted under subsection (l) above shall ve made outside the City limits, unless otherwise spec- ifically authorized by the Director. The Direc- tor shall have the authority to permit the dis- posal of such materials on the City Dump. (3) Rules and Regulations. The Director shall have the authority to make such other reasonable reg- ulations concerning individual collection and disposal and relating to the hauling of refuse over City streets by outside collectors as he shall find necessary, subject to the right of appeal as set forth in Section 4 hereof. ~ " (e) Refuse propertr of City. Ownership of refuse material set out for co lection or deposited on the City Dump shall be vested in the City. -5- SECTION 7. FEES - Billin~ . Payment (a) The fees for collection and disposal of refuse placed for collection, as provided in Section 5 and/or 6, shall be as follows: -- (l) Residential and Commercial. A minimum charge of ~2.00 per month, which shall include two (2) "pick-ups" per week, but not in excess of sixty (60) gallons per pick-Up or one hundred twenty (l20) gallons per week - shall be made to each property owner having a municipal water service meter connection to the City's Water & storage System or Plant. (2) Residential and Commercial. Any owner as de- fined in Section 2 of this Ordinance and as parti. cularly designated in Paragraph (l) immediately herein above, having an excess of l20 gallons per week, shall pay an additiónal charge to the City of Clermont as determined by the Director. The owner will be notified of the additional charge by the Director and the basis for same; the base rate to determine same being $ , for each a dd- itional l20 gallons per week or fraction thereof. Appeal from this determination by the Director shall be to the Council as provided in Section 4(a) of this Ordinance. (3) Commercial. For hotels, motels, restaurants, apartment houses, duplexes and other businesses and institutions having an average weekly col- lection in excess of l20 gallons, as provided for hereinabove, the Director may arrive at a monthly charge, including the minimum charge, which shall be based upon the average amount of refuse material collected and the frequency of collection, and same shall be paid by the owner, subject to the right of appeal to the Council. Such rates shall be for not less than six (6) months period. (b) Residences having an excess of l20 gallons weekly to be collected may come within this commercial rate as provided hereinabove. (4) If the services provided within this Ordinance are extended to any resident or commercial es. tablishment outside of the City of Clermont the fees and charges hereinabove established or provided for shall be increased by 25%. All collection fees shall be billed by the City, together with and as a part of the monthly water bill and these fees shall not be payable unless and until the water bill is paid. The Council may desig- nate this bill as water and sanitation, although set out separately from the water account on said bill. Deliq uency of these fees shall be equal to and the same as being delinquent for water billed and the City may discontinue water service until these fees are fully paid. Likewise, discontinuance of water service shall also result in discontinuance of the services provided in this Ordinance. .. .6. .. However, if water is being furnished the premises of any owner and there is no service under this Ordinance furnished because of no improvements on the premises or because of vacancy for over one (l) calendar month, no fee will be charged under this Ordinance, Provided the City Clerk of the City has been notified in writing on the first of the current month. No credit shall be given for the fractional part of a month on said fees. Fractional parts of two (2) succeeding months shall be considered two (2) full months. (c) All accounts delinquent for a period of thirty (30) days are subject to stoppage of the service under this Ordinance without further notice. Legal Remedy. The stoppage of services herein- before authorized for non-payment of collection charges shall be in addition to the right of the ,City to proceed for the collection of such unpaid charges in a manner proviced by law for the Qol- lection of a municipal claim. SECTION 8. All rates and charges established in this Ordinance may be increased on motion or resolution, duly passed or adopted by the City Council of Clermont after post- ing or publishing notice of proposed increase for at least thirty (30) days in advance. All rates and charges established in this Ordinance may be decreased at any time without the required notice; however, if same are to be increased there" after, said notice shall be required. All rates and charges established by this Ordinance and as subseq uently decreased or increased shall at all times be posted in the City Hall. (d) SECTION 9. PENALTIES. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guility of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $50.00 or be im- . prisoned in the City jail for a period not exceeding ten (lO) days or by both such fine and imprisonment. Each day such violation is committed or permitted to continue, shall con- stitute a separate offense and shall be punishable as such hereunder. SECTION 10. This Ordinance shall take effect on the first day of January, 1958 at l2:0l A. M. In addition to being posted this Ordinance shall be published one (1) time in the Clermont Press. SECTION ll. SEPARABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separ- ate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. .. SECTION l2. ORDINANCES REPEALED. All Ordinances and parts of Ordinances in conflict with the provisions of this. Ordinance are hereby repealed. SECTION l3. The Council finding the costs of garbage and trash collection have increased because of labor, equip- ment and operating charges, now find it necessary to separ- ate garbage and trash collection charges from the water charges. The Council also having changed and/or reduced the water charges and rates, and in order to provide for expenditures already budgeted find it necessary to now pass this Ordinance and provide for its becoming effective on the date above provided. -7- ..- . Therefore, this Ordinance is passed as an emergency measure, and the Council does, by the vote by which this Ordinance is passed, hereby declare that an emergency exists, which makes it imperative that this Ordinance should become effective forthwith in order that the public health, welfare and safety might most effectively be provided for. .. -.. - - - - - - - -- - - - - - - - - - - - - - - - - -- PASS~D by the City Council of the City of Clermont at its Adjourned Regular Meeting held at $:30 P. M. in the City Hall on Friday, December 6, 1957. :/{/h;b¿ Z;~/?~ßh ~p~:~~~ the City Council ATTEST: I /# " ~n(Þ¡ I - - - ~¡. , Cil~~/lerk ------ ... ... .. ... ------ ... .. ... ... .. _ _ M _ . .. _ .. RECEIVED AND APPROVED by me this December 6, 1957. C/vf{:{~ Mayor of the City of Clermont, Florida - ... - - ... - - ... ... - ... ... - - ... .. ... .. ... ... ... ... ... - - -- - - - - - I HEREBY CERTIFY the foregoing Ordinance No. /1/ was posted as required by the Charter and/or Ordinance~the City of Clermont in effect at the time of the passage and approval thereof; and pmblished one (l) time in the Clermont Press on December l2, 1957. DATED /1 J.., 1957. ~ CitYCl~¡k, City of L/ ~lOrida. ~- ,; Clermont, .. .. - - -- - - ... - - - ... - .. .. - ... - .. .. - - - .. ----- -8- / . " . , . , .' ;:;. .,j. " , . ,.-- , .. " . "