§ 51.45. CONSTRUCTION AND DEMOLITION SITES AND COLLECTION OF CONSTRUCTION AND DEMOLITION DEBRIS.

(A)

It shall be unlawful for any construction or demolition contractor to fail to provide onsite suitable receptacles, bulk containers or detachable containers for loose debris, paper, building material waste, scrap building material and other trash produced by those working on the site. All material shall be containerized by the end of each day, and the site shall be kept in a reasonably clean and litter-free condition. The number of receptacles, bulk containers or detachable containers shall be determined by the City Manager or his/her designee. Construction sites shall be kept reasonably clean and orderly at all times. When roll-off containers are used it shall be in accordance with Subsection (B) of this Section.

(B)

Engaging in business of Construction and Demolition (C&D) debris collection and disposal; issuance of non-exclusive franchise agreement to C&D Debris Service Providers.

(1)

[Franchise Required.] 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 business tax and other license(s) which otherwise may be required by law.

(2)

[Times of Service.] It shall be unlawful for any C&D Debris Service Provider to provide roll-off container service to any property located within the corporate limits of the City except between the hours of 6:00 a.m. to 6:00 p.m. Monday through Friday, and 7:00 a.m. to 6:00 p.m. on Saturday.

(3)

[Franchise Restrictions.] No franchise granted pursuant to this Section shall be deemed the property of the holder thereof.

(4)

[Franchise Revocation, Change, Limitation.] 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)

[Application Materials.] The franchise(s) shall be granted only after the applicant for the franchise has filed with the Community Improvement 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. No franchise shall be issued for more than one year, and all franchises shall expire on September 30 of each year. Application for renewal is required on or before September 30.

(7)

Franchise Fees. For each franchise granted on or between October 1 and March 31 of any year, the full franchise fee as specified herein, for one year shall be paid. For each franchise granted on or between April 1 and June 30, one-half of the full fee for one year shall be paid. For each franchise granted on or between July 1 and September 30, one-fourth of the full amount for one year shall be paid. Upon payment of the applicable fee and approval of the application for a franchise (or renewal), the City will enter into a franchise agreement, in a form acceptable to the City, which franchise shall expire at the end of the period for which such franchise is granted as hereinabove specified. It shall be no defense of nonpayment of the franchise fee that a franchisee has not received any bill or notice from the City. The franchise fees are as follows:

Annual Permit Fee —Three thousand dollars ($3,000.00).

Application Fee —One thousand dollars ($1,000.00).

Franchise Activity Fee —Ten (10) percent of gross revenue from C&D collection (to be paid monthly).

(8)

[Manner and Form of Application.] 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 Community Improvement 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 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 the submitted by the applicant:

i.

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.

ii.

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.

iii.

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 of Florida. 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:

i.

The type, description, and estimated number of all equipment to be used by the applicant for providing service.

ii.

The number of employees to be used in providing services.

iii.

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 and Bonding Requirements.

i.

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 of in connection with C&D debris roll-off container service within the City in the amounts as follows:

Worker's Compensation Insurance: Worker's Compensation coverage must be maintained in accordance with statutory requirements as well as employer's liability coverage in an amount not less than one hundred thousand dollars ($100,000.00) per each accident, one hundred thousand dollars ($100,000.00) by disease and five hundred thousand dollars ($500,000.00) aggregate by disease.

Liability Insurance: The applicant shall, during the term of this agreement, and any extensions hereof maintain in full force and effect commercial general liability insurance policy and automobile liability insurance policy, which specifically covers all exposures incident to the applicant's operations under this contract. Such insurance shall be with a company acceptable to the City and each policy shall be in an amount of not less than one million dollars ($1,000,000.00) combined single limit for personal bodily injury, including death, and property damage liability and the general liability shall include but not be limited to coverage for premises/operations, products/completed operations, contractual, to support the applicant's agreement or indemnity and fire legal liability. In addition to the above liability limits, the applicant shall maintain a five-million-dollar ($5,000,000.00) umbrella and/or excess liability coverage. Policy(ies) shall be endorsed to show the City, a municipal corporation in the State of Florida, as an additional insured as its interests may appear: and shall also provide that insurance shall not be canceled, limited or nonrenewed until after thirty (30) days' written notice has been given to the City. Current certificates of insurance evidencing required coverage must be on file with the City at all times.

ii.

Cash or a letter of credit in an amount of fifteen thousand dollars ($15,000.00) for the first year of the franchise issuance. In subsequent years the amount shall be equal to the applicant's previous twelve-month franchise fee(s) paid to the City or fifteen thousand dollars ($15,000.00), whichever is greater, as security for any fee(s) due to the City under the franchise agreement(s) conditioned upon the compliance of the terms of this Section in such form as acceptable to the City Attorney.

e.

Application Form. Each application for a franchise (or renewal) shall be made on a standard form promulgated by the Community Improvement Department and shall include an affirmation that the applicant shall comply with the requirements of this section and any agreements entered into between the City and the applicant.

(9)

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 Community Improvement Director shall provide for the review of said application and the City shall either grant or deny the application (or renewal).

(10)

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 any agreements thereto;

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 Community Improvement Director denies an application for a franchise, the applicant shall be notified, by certified mail, of the denial and the reasons for the denial.

(11)

Appeal from the Community Improvement Director of the Denial of a Franchise (or Renewal).

a.

The denial of a franchise (or renewal) by the Community Improvement Director may be appealed to the City Manager. The applicant shall pay the appeal fee of five hundred dollars ($500.00) and the appeal shall be filed in writing with the City Manager no later than fourteen (14) days after the mailing of the certified letter advising the applicant of the denial.

b.

The City Manager shall either affirm the decision of the Community Improvement Director or issue the franchise (or renewal). A decision of the City Manager to affirm the decision of the Community Improvement Director shall be final.

(12)

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, tare weight and cubic-yard capacity. All markings must be in letters and numerals at least two (2) inches in height. All containers shall display the City's franchise sticker provided by the City at the issuance of a franchise. This sticker shall be in a position to be seen from the abutting street at all times.

(13)

Placement and Maintenance of Containers. Roll-off containers may only be placed, or allowed to remain, on a property for which a building permit has been issued, has not expired, and otherwise remains in full force and effect. 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 Chapter 51 of the Code of Ordinances. 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.

(14)

Information Required of Franchisees.

a.

Monthly Filings. Within ten (10) days from the first day of each month, franchisees shall deliver to the City a true and correct monthly report of gross receipts generated during the previous month from accounts within the City. This detailed monthly report shall include the customer names, service addresses, account numbers and the actual amount billed to each customer.

b.

Annual Filings. Franchisees shall, on or before November 1 of every year, upon request, deliver to the City a statement reflecting annual gross receipts generated from accounts within the corporate limits of the City, compiled by an independent certified public accountant, for the preceding October 1 through September 30. This report shall include the customer names, service addresses, account numbers and the actual amount billed to each customer.

c.

Audit of Records. By acceptance of a franchise and in consideration of the receipt thereof, the franchisee shall make available, within three (3) business days after notice, all records of the franchisee which pertain to any container placed within the City, including, but not limited to, contracts, trip tickets, invoices, State and Federal tax returns, and any documents supporting the information compiled within the supplemental filings required by subsections a. and b. above, for inspection and auditing by the City. This information shall include, but not be limited to, copies of the following: billing rates, billing amounts, and accounts receivable. Additionally, the City's auditors may communicate directly with customers of the franchisee for the purpose of confirming compliance with this section. In the event any audit reveals that a franchisee has failed to pay the full franchise fee, the franchisee shall pay a franchise fee of three (3) times the original amount due. Additionally, the franchisee shall reimburse the City for all expenses incurred by the City pursuant to this paragraph, including audit costs, court costs, and reasonable attorneys' fees.

d.

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 Community Improvement Director.

(15)

[Disposal Sites; Recycling.] 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. Recycling of such solid waste material is encouraged by the City.

(16)

[Compliance.] All franchisees shall comply with the provisions of this Section. The City may use the reports required in this Section and other information available to determine compliance of franchisees.

(17)

[Franchise Activity Fee.] All franchises shall pay a monthly non-exclusive franchise activity fee as specified by this Section based on a percentage of the franchisee's total gross revenue for the preceding month for all charges for service, including charges for furnishing containers, disposal costs and charges for transport of containers.

(18)

Revocation and Suspension of Non-Exclusive Franchise. The Community Improvement Director may, in his/her discretion, revoke or suspend a non-exclusive franchise pursuant to the following:

a.

The Community Improvement 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 of any agreement between the City and franchisee shall be cause for revocation or suspension of a franchise.

c.

In the event the franchisee fails to cure the violation within five (5) business days, the Community Improvement 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, (i) the cash or letter of credit funds posted pursuant to this section shall be forfeited; and (ii) 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 fails to remove same within five (5) business days, such failure shall constitute a violation of this Section.

(19)

Appeal from the Community Improvement Director of the Revocation or Suspension of Franchise.

a.

The revocation or suspension of a franchise by the Community Improvement Director may be appealed to the City Manager. The applicant shall pay an appeal fee of five hundred dollars ($500.00) and the appeal shall be filed in writing with the City Manager no later than fourteen (14) days after 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 Community Improvement Director or direct the Community Improvement Director to reinstate the franchise. The decision of the City Manager shall be final.

(20)

No Assignment or Transfer. No applicant shall be allowed to assign or transfer a non-exclusive franchise permit to collect C&D in the City without first obtaining the City's written consent.

(21)

Violation.

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 nonfranchised C&D debris service providers from any parcel of land which the general contractor holds a building permit.

(Ord. No. 33-96, passed 9/17/96; Am. Ord. No. 55-96, passed 11/19/96; Ord. No. 15-02, § 6, passed 6/4/02; Ord. No. 31-08, § 8, passed 8/5/08)

Cross reference

Penalty, § 51.99.