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O-238-C . . CITY OF CLERMONT 6 CODE ORDINANCES / 238-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 10, GARBAGE AND TRASH DISPOSAL, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: Chapter 10, Garbage and Trash Disposal is hereby amended as follows: SECTION 1. Sec. 10-1. Definitions. For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein: (a) "Garbage" is animal and vegetable wastes resulting from the handling , preparation, cooking and consumption of food and all other waste materials resulting from the normal management of a domicile or food handling establishment. (b) "Refuse" is all solid wastes (except body wastes), including garbage and trash and dead animals. (c) "Trash" is worthless or waste matter of any kind generally resulting from yard maintenance. (d) "Director" is the Public Works Director of the City of Clermont. Sec. 10-2. Collection by City. All refuse accumulated in the City shall be collected, conveyed and disposed of by the City. No person not employed by or under a franchise agreement with the City 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. The actual producers of garbage or trash, or the owners of premises upon which garbage or trash has accumulated, may personally collect, conveyor dispose of such refuse, provided such producers or owners receive City Council approval and show proof they will comply with the provisions of this chapter and with any other governing law or ordinances. Sec. 10-3. Collection supervised by Director. All garbage or trash accumulated in the City shall be collected, conveyed and disposed of by the City under the supervision of the Director. The Director shall have the authority to make regulations concerning the days of collection, type and location of garbage con- tainers and such other matters pertaining to the collection, conveyance and disposal as he shall find necessary and to change and modify the same, subject to the approval of the City Manager and the City Council and provided such regulations are not contrary to the provisions of this chapter. Sec. 10-4. precollection practices defined. (a) Separation of garbage and trash. Garbage and trash shall be placed and maintained in separate containers. (b) Preparation of garbage and refuse. All garbage and refuse before being placed in garbage cans for collection shall have drained from it all free liquids and may be wrapped in paper. Tree trimmings, hedge clippings and similar material shall be cut to a length not to exceed four feet. (~) r-r~-a ~~n in-' r~' . ~ .- r- ~in-' ~ 11 r- - n"""" "'; -'" . h,· . CITY OF CLERMONT . CODE ORDINANCES 238-C tainers shall be maintained in good condition. Any container that does not conform to the provisions of this subsection or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. The Director shall have the authority to refuse collection service for failure to comply herewith. Garbage containers shall be made of metal or of other rigid water resistant materials, equipped with suitable handles and tight fitting covers and shall be watertight; shall have a capacity of not more than thirty gallons; 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. 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 collection 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. Any unauthorized accumulation of refuse on any premises is here- with declared to be a nuisance and is prohibited. No person shall cast, place, sweep or deposit anywhere within the City any refuse or trash in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, park- way or other public place, or into any occupied premises within the City. The burning of refuse is prohibited within the City Limits of Clermont, except as approved by the Fire Chief in accordance with appropriate State and Local Laws. (e) Points of collection. Refuse containers shall be placed for collection on the property at the place designated by the Director. At no time may they be placed within the curb boundaries or on the improved paved or hard-surfaced area of any street, public-way, alley, or thoroughfare in the City. Sec. 10-5. Collection practices. (a) Frequency of collection. Refuse accumulated by residents shall be collected at least twice each week. Hotels, restaurants 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 two weekly collections shall be made. (b) Limitation of quantity. The Director shall collect up to sixty gallons of refuse from each dwelling unit each time a collection is made. Trash shall be collected as long as it is properly bagged or cut. Tree limbs exceeding 6" in diameter shall not be collected. The Director shall have the authority to refuse to collect unreason- able amounts of trash or refuse that does not meet the standards of this ordinance or policies of the City. Such trash shall be removed by the owner. The Director shall have the authority to refuse service to multi- family residences or commercial customers when such customers cannot meet the standards of this chapter, and require they obtain container- ized collection. Containerized collection customers are not eligible for trash collection. (c) Special refuse problems. . CITY OF CLERMONT . CODE ORDINANCES 238-C (1) Contagious disease. 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 direction of the Director. Such refuse shall not be placed in containers for regular collections. (2) Inflammable or explosive refuse. Highly inflammable or explo- sive 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 possessor 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 there- on during construction. (4) Accumulation of trash. An excessive accumulation of trash such as trees, limbs and branches from trees, trimmings 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. (5) Failure of owner to remove. Whenever the Director shall so notify the owner and the owner shall fail or refuse for any reason to remove said excessive accumulated trash, the Director may cause same to be removed from the property pursuant to the procedures prescribed in Chapter 11, Article II, Weeds, Trash, Etc. Eradication, and 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, claim a lien upon the premises and enforce same, as provided under the appropriate statutes of the State of Florida or the City may take action under Section 1-8 of the City Code of Ordinances. (d) Collection by actual producers and outside collectors. The actual producers of refuse or the owners of premises upon which refuse is accumulated 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 watertight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled. All refuse and garbage must be disposed of at an approved sanitary landfill. The Director shall have the authority to make such other reasonable regulations 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 approval of the City Manager and the City Council. (e) Refuse property of City. Ownership of refuse material set out for collection shall be vested in the City. Sec. 10-6. Fees--Billing--Payment. (a) The fees for collection and disposal of refuse placed for collection shall be adopted by the City Council by Resolution or Miscellaneous Ordinance. (b) All collection fees shall be billed by the City, together with and as a part of the monthly utility bill and these fees shall not be payable until the utility bill payment is due. The Council may designate this bill as water and sanitation, although set out separately from the water and sewer account on said bill. Delinquency of these fees shall be equal to and the same as being delinquent for water billed and the City may discontinue water service . CITY OF CLERMONT . CODE ORDINANCES 238-C until these fees are fully paid. Likewise, discontinuance of water service shall also result in discontinuance of the services provided in this chapter. (c) ject to notice. All accounts delinquent for a period of thirty days are sub- stoppage of the service under this chapter without further The stoppage of services hereinbefore authorized for nonpayment 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 provided by law for the collection of a municipal claim or lien. Section 10-7. Exception for outside collectors. This chapter 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 chapter and with any other governing law or ordinances. SECTION 2. Chapter 10, Section lO-7 is hereby repealed. SECTION 3. All ordinances or parts of this ordinance in conflict herewith are hereby repealed. SECTION 4. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such ajudications shall not apply to or affect any other provision of this ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 5. This ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its second reading and final passage. FIRST READING THIS Z2~ DAY OF Y11H~ , 1983. SECOND READING THIS (1 th., DAY OF [j~ , 1983. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS /3~ ß~ ß~ CHARLES B. BEALS, MAYOR , 1983. ATTEST: lJaAA- k/~~~ WAi~'SAûNDERS, CITY CLERK