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12-06-1957 Regular Meeting ADJOURNED MEETING ~ ~ !J /d C G/J1 rJ 'E.R An adjourned meeting, adjourned from Novemeor 3rd, 1957, was held at the city hall on Friday, ~~~f 6, 1957. The meeting was called to ortter by Council chairman Harold Turville at 5:30 P. M. with the following Council members present: Turville, Roe and Carrington. Absent: Van Nostrand and Bishop. Mr. Roe offered, and moved that it be passed, AN ORDINANCE ESTABLISHING A MUNI~IPAL SERVICE FOR THE COLLECTION AND DISPOSAL OF ALL GARBAGE AND TRASH ACCUMULATED IN THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA; SETTING FORrH THE AUTHORITY OF THE CITY SUPERINTENDENT; PRESCRIBING REGULATUON;3 FOR THE STORAGE .AND COLLECTION OF GARBAGE AND TRASH; PROVIDING FOR THE MAINTENANCE OF SANITARY CONDITIONS ON PUBLIC AND PRIVATE PREMISES IN THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA; PROVINING FOR THE IMPOSITION AND COLLECTING 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 THE VIOLATIONS OF ITS PROVISIONS: The motion was seconded by Mrs. Carrington and unanmmously carried. Mr. Roe then moved that the rules be waived and that the Ordinance be read the second time by title only. The motion was seconded by Mrs. Carrington and unanimously carried. After the second reading of the Ordinance by title only, Mr. Roe moved that thr nules be further waived and the Ordinance be placed upon its passage. The motion was seconded by Mrs. Carrington and unanamously carried. Thereupon the Ordinance was read in full for the third time and upon roll call vote the ayes were Turville, Roe and Carrington. Nayes: none. Absent: Bishop and Van Nostrand. The Ordinance passed, title as stated and was ordered placed in the Ordinance book and numbered 161. A copy of the Ordinance in full appears immediately following these minutes. Mrs. Carrington offered and moved that it be passed AND ORDINANCE AM~NDING THE LAST SENTENCE OF SECTION 16 OF CHAPTER 1 V OF THE REVISED GENERAL ORDINANCES OF THE CITY OF CLEilllONT, LAKE COUNTY, FLORIDA, BY INCREASING TH:t~ CLERK'S AND INSPECTOR'S FEES IN ALL ELECTIONS FROM $2.00 to $8.00 EACH; PROVIDING FOR INC~~ASE TO INCLUDE ALL LIKE FEES NOW DUE AND TO BECOME DUE HEREAFTER,; PROVIDING FOR EFFECTIVE DATE. The motion was seconded by Mr. Roe and unanimously carried. Mrs. Carrington then moved that the rules be waived and that the Ordinance be read the second time by title only. The motion was seconded by ~~. Roe and unanimously carried. After the second reading of the Ordinance by title only, Mrs. Carrington moved that the rules be further waived and that the Ordinance be placed upo~ its passage. The motion was seconded by Mr. Roe and unanimously carried. Thereupon the Ordinance was read in full for the third time and upon roll call vote the ayes were Turville, Carrington and Roe. Nayes: none. Absent: Bishop and Van Nostrand. The Ordinance passed, titl& as stated,and was ordered recorded in the Ordinace book and numbered 162. A copy of the Ordinance in full appears immediately following these minutes. ~ ~ Motion by Carrington, seconded by Roe md carried that meeting adjourn until Tuesday, November 17, 1957. Chairman of the Council / ORDINANCE NO. I(D/~ ., ..... ~ AN ORDINA..~CE ESTABLISHING A IIUNICIPAL SERVICll1 FOR TilE COLLECTION AND DISPOSAL OF ALL GARBAGE AND TRASH ACCUMULATED IN 'I'i~E CITY OF CLERMONT, LAKE COUNTY, FLORIDA; SETTING FORTH mE AUTHORITY OF THE CITY SUPERINTENDENT; PRESCRIBING REGULATIONS FORTRE STORAGE AND COLLECTIONS OF GARBAGE AND TRASH; PROVIDING FOR THE llAINTENANCE OF SANITARY CONDITIONS ON PUBLIC AND PRIVATE PREmlISES IN TI~ CITY OF CLEID-lONT; LAKE COUNTY, FLORIDA'; PROVIDING FOR l.'llE IMPOSITION AND COLLECTION AND BILLING BY THE CITY OF FEES FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND TRASH r A~TD PRESCRIBING FOR OTHER HATTERS RELATIllG TUERETO; AND PRESCRIBING PENALTIES FOR VIOLAlli TIONS OF ITS PROVISIONS. BE IT ORDAINED AND ESTABLISHED BY THE CITY COUNCIL OF THE CITY OF CLEIUIONT, LAKE COUNTY, FLORIDAs SECTION 1. TITLE. This Ordinance shall be known and may be cited and otherwise referred to as the "MUNICIPAL REFUSE COLLECTION SIi:RV'IC.E ORDINANCE OF TUE CITY OF CLElill.ONT, 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 CLEID.lONT". SECTION 2. DEFINITIONS. For the purpose of this Ordinance the fOllowing tel".ll.s, 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 wordsin the singular nuaber 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 putrescible animal and vegetable wastes resulting from the handling, prepara'i;ion, 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 bOdy wastes), including, garbage and trash and dead animals. (e) "Trash" is worth1ess- 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. SECTION 3. Collection bf Cit~. All refuse accumu- lated in the Citt shall be co1 ecte . conveyed and disposed of by the City. No person shall collect, convey over any of the street. or alleys of the City, or dispose of any refuse aocumu- 1ated in the City. ~tion for Actual Producers. This Ordinance sUall not prohibit the actual prod.ucers of garbage or trash,or the owners of premises upon which garbage or trash has aocumu1ated, 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. Exception for 06t8id8 Collect.ors. This Ordinance shall not prohl it collectors of garbage or trash from outside the City froa 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 bl Street Suterintendent. All garbage or trash accumulate in the Ci y shall be COllected, conveted and disposed of by the City under the supervision of the Direotor 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 lIodify the same after notice as required by law., provided such regulations are not oontrary to the provisions hereof. ~ ~ (a) (b) (a) ~.alS. Ant person aggrieved by a regulation of, or ee oharged 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.. Separation of Garbage and Trash. Garbage and Trash shall be placed and maintained in separate containers. Preparation of Garkage. (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) Trimainfj and Clippings. Tree trimmings, hedge c pplngs and s1~11ar material shall be cut to length not to exceed four feet. (e) Garbage Containers. (a) (b) ~ ~ Precol1ection Practice8. (1) Duty to Provide and Maintain in Sanitar1 CondItion. Garbage containers shall be provided hj 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 co11eotion service for failure to co.ply herewith. -2- (2) ~ ....,. (8) Garbafe · of me a1, and tight tight. Garbage container~ shall be made equipped with suitable handles fitting covers, and shall be water Capacity. Garbage containers shall have a capacity of not more than 80 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 tiaes. (1) (d) StorinR of Refuse. Scattering of Garbage. No person shallc8st, 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- miseswlthin the City. The burning of garbage is prohibited within the c1 ty limits of Clermont-. Points of Collection. Refuse containers should be placed for collection at ground level at the curb line in front of the property. At no tim. 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 provieionthat 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. (2) (8) (4) (e) ~ ....,. 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. Unauthorized Accumulation. Any unauthorized acoUJIulationof 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 after7the effective date of this Ordinance shall be deemed a violation of this Ordinance. -8- ...... ., '. "7 ...... .,., SECTION 6. Co1lection:Practices. (a) Fre9uency of Collection. (1) (2) Residential. Refuse accumulated by resi- dences shall be collected at least twice each week. Commercial. Hotels, re.taurants 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 public health, the Director shall have the authority to require that more frequent collections be made. Otherwise a minimum of' t'Wo weekly collections shall be made. (1) (b) Limitation of Quantity. (2) Residential. The Director $hall collect a reasonable accumulation of refuse ot each familY during a collection period for the staadard charge. Commercial. The Director 8hall 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. (1) (c) Special Refuse Problems .- (2) (3) Contagious Oisease Refuse. The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direc- tion of the Director. Such refuse shall not be placed in containers for regular collections. 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... Construe'tion 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 same, 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, at cetera shall be removed by the owner at his expense when so notified by the Director or the Direotor may notify the owner of 'the removal oost on the basis of $6.00 per load,which slall be immediately paid by t~e owner to the City Clerk of the City of Clermont. \lbenever the Sirector 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, a8 provided under the appropriate Statutes of the State of Plorida and/or the Charter or Ordinances of the City of Clermont covering such lien enforcement. The load cost shall be based on the maximwa load that may be placed in or upon any truck used by the City in such collection or remov- al, except a truck commonly known as ttpick-up TruCk" . (d) Collection bi Actual Producers and Outside Collectors. (1) Requit"ements 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 dispos'e 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, ehall use a water- tight vehicle providedwitb a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped' or spilled. Di8\0881. Disposal of refuse by persons so per- mlt ed under subsection (1) above shall be 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. ...... ~ (e) (2') (8) Rules and Regulations., Tile Director shall bave 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. hereof. Refuse Properti of City. Ownership of-refuse material set out for co laction or deposited on the ~ity Dump shall be vested in the City. -5- ..... ., SECTION 7. F~IT5 ....Billing -Payment (a) Tbe fees for collection and disposal of refuse placed for collection, as provided in Section 5 and/or 6, shall be as follows: (1) Residential and Commercial. A minimum charge of '2.00 per month, which shall include two (2) npick~ups" per week, but not in excess of 5.ixtY (60) tal10ns per pick-Up or one hundred. twenty (120) 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. Residential and Commercial. Any owner as de- rined in Section 2 of this Ordinance and as parti- cularly designated in Paragraph (1) immediately herein above, having an excess of 120 gallons per week, shall pay an additional 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 120 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 Ord.inance. (2) (8) COJllDlercial. For hotels, motels; restaurants, apartment houses, duplexes and other businesses and institutions having art average weekly col- lection in excess of 120 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. Residences baving an excess of 120 gallons weekly to bec011ected 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%. (b) 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 ueney 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 wster service shall also result in discontinuance of the services provided in this Ordinanoe. ..... ~ -6.. .. ....,. - However, if water is beine furnished the premises of any owner and tbere is no service under this Ordinance furnished because of no improve~ents on the premises or because of vacancy for over one (1) 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 cred! t shall be given for the fraction~~l part of a month on said fees. Fractional parts of two (2) succeeding months sball be considered two (2) full months. All accounts delinquent for a period of thirty (80) days are subject to stoppage of tbe service under this Ordinance without furtber notice. . Le,al Remedy. The stoppage of services herein- be ore authorized for non-payment of collection charges shall be in addition to the riypt of the City.to proceed for the collection of su<:h unpaid charges in a manner proviced by law for the col- lection of a municipal Claim. SECTIO~ 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 (SO) 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. . (c) (d) SECTION 9. PENALTIES. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed gui1ity of a misdemeanor and upon conviction thereof shall be tined in an amount not exceeding $50.00 or be im- prisoned in the City jail for a period not exceeding ten (1,0) days or by both such fine and imprisonment. Each day such violation is committed or permitted to continue, shall con- stitute a separate offen$e and shall be punishable as such hereunder. ....,. SECTION 10. 'this Ordinance shall take effect on the first day of January, 1958 at 12:01 A. M. In addition to being posted this Ordinance shall be published one (1) time in the Clermont Press. SECTION 11.' 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 12. ORDINANCES REPEALED. All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 13. 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- TheretoJ:'e, this Ordl!!ancc is passed as an emer&ency me"sun., and the Council does, by the vote. by which this O,rc1inance is paesed, hereby d.eclare that an emergency exists, which makes it imperative that this Ordinance should become effective forthwith in order that thepub1ic health, welfare ...... and safety might most effeotively be provided for. . ,., . .. - .. .. - .. - ~ ... - - - - - ~ - - - - - - .. - - - - - - - - - PASSED by the City Council of the City ot Clermont at its Adjourned Reg...lar Heeting held at 5.80 P. )1. in the City Hall on Friday, December 6, 1957. the City Council ATTEST; . . . City Clerk - - - - - - - . - . . - . - - - - - - - . - . - . - - . - - - . RECEIVED AND APPROVED by me this DeceD1ber 6, 1957. -~ Hayor of the City of Clermont, . Plorida _ w ~ _ _ _ _ _ _ _ _ ~ - . _ - ~ . _ _ ~ _ _ _ _ -_ - . - . _ I HEREBY CERTIFY the foregoing Ordinance No. '. was posted as required by the Oharter and/or Ordinances of the Citl ot Clermont in effect at the time of the passage and approval thereof; and piblished one (1) ti.e in the Clermont Press on December 12, 1957. DATED 1957. City elerk'pCity of Clermont, lorida. ...... ~ - - - - - - - - - - - - . ~ - - - - . - - - - - - - - - - - - - -8- ORDINANCE NO. I it; ~ . ~ ~ AN ORDINANCE AMENDING THE LAST SENTENCE OF SECnON 16 OF CHAPTER IV OF THE RBVlSFD GENERAL ORDINANCES OF THB CITY OF CLERMONT, LAKE COUNTY, fLORIDA, BY INCREASING THE CLERK'S AND INSPECTOR'S PEES IN ALL ELECTIONS FROM $2.00 TO $8.00 EACH; PROVIDING FOR INCREASE TO INCUJDB ALL LIKE FEES NOW DUE AND TO BECOMB DUE HEREAFTER; PROVIDING FOR EFFSC'I1VB DATE. 8E IT ORDAINED AND EST ABl.,lSHF..D BY TIlE COUNCIL OP THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA: SSGnON 1: The last $entence of Section 16 of Chapter IV of the Revised General Otdlnanc'es of the City ot Clermont, Lake County, Florida, is hereby amended by lncreu1ttg the $2.00 fee to be pai,d the Qerk and Inspectors of Election to $8.00 each. SECTION 11. This ordinance shall become effective immediately upon Ita paasage and a like sum ahall be paid to all petsOIUJ who }have served in 8uc::b <:apab1ty but to date have notlbeen paid. SECnON W: The CouncU finds that prior CouncUa have without Ord1n*Ulce authority increased the fee of Clerk and Inspectora of elections becauae they could not find qualified .tnd1vlduals wiU1ng to serve fot a $2.00 fee, expeclally since County and State fees for 11ke purposes have increased. Therefore, this Ordinance 1$ pas$ed as an emergency measure, and the Councu does>> by the vote by which thls Ordinance is pasaedF hereby dec:1are that an emergency exiat8; which make. it imperative that tbis Otdin. ance should become effective forthwith in order that the public health, welfare and safetY might molt effectively be provided tor. - ~ . . . . . -- - . . - . ~ - . - . . - ~ .. .- ~ ~ . - - - - ~ . ~ PASSED by the City CouncU of the City of Clennont at its Adjourned Regular M eerlng held in the City Hall on Friday, December 6. 1957. -1'2; 4 ~ ,/ ..-;' 'I'~ ; . o )' . ... ~U?Jfi';f<1 !4 Y!/I~ Pi~City COuncU ArrEST: City Clerk . - . - ~ . . ~ . . . -- ~ ~ . ~ - ~ ~ - - - . ~. . ~ . . .. - - ~ - . . ~ ~ ....,. 'RECEIVED AND APPROVFD by me tI:1ts December 6, 1957. ~nt. Flo1"lda ~ . . - . . - - . - ~ . . . ~ ~ ~ . - - - . . ~ - . . - . - - . - . . ~ . I HEREBY CERTIFY that the foregoing Ordinance No. was posted 8IJ required by the Charter and/or Orc:Unances of the City of Clermont, ..... ~ ~ ....,. Lake County, Plorida. Dated 1958. ~ity Cletl(, CltyQf Clermont, 'Floriaa' , t ' . . . - ~ . . ~ ~ . ~ . ~ ~ ~ . . - ~ . . ~ . .' '. ~ - . - . ~ . ~ . ...2...