R5V - Modify Waste Collection Thresholds

Ordinances - R5 V

R5 V AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE III, ENTITLED "COLLECTION AND DISPOSAL," BY AMENDING DIVISION 2, ENTITLED “COLLECTION,” BY AMENDING SECTION 90-97 THEREOF, ENTITLED "GARBAGE COLLECTION SERVICES," TO MODIFY THE THRESHOLD NUMBER OF UNITS IN A MULTIFAMILY RESIDENCE FOR PURPOSES OF DETERMINING WHETHER SOLID WASTE MUST BE COLLECTED AND DISPOSED OF BY A SINGLE-FAMILY WASTE CONTRACTOR OR A FRANCHISE WASTE CONTRACTOR; AND BY AMENDING ARTICLE IV, ENTITLED “PRIVATE WASTE CONTRACTORS,” BY AMENDING DIVISION 4, ENTITLED “SPECIALTY CONTRACTORS,” BY AMENDING SUBDIVISION II, ENTITLED “ROLLOFF/PORTABLE WASTE CONTAINER CONTRACTORS,” BY AMENDING SECTION 90-278 THEREOF, ENTITLED “FEES AND REQUIREMENTS; PENALTIES FOR NON-PAYMENT,” TO MODIFY THE THRESHOLD NUMBER OF UNITS IN A MULTIFAMILY RESIDENCE APPLICABLE TO A POTENTIAL EXEMPTION FROM OBTAINING A SITE-SPECIFIC CONSTRUCTION AND DEMOLITION COLLECTION PERMIT AND THE PAYMENT OF CONSTRUCTION AND DEMOLITION COLLECTION FEES UPON COMPLIANCE WITH CERTAIN CRITERIA FOR CONSISTENCY WITH THE AMENDMENTS TO SECTION 90-97; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Applicable Area:

COMMISSION MEMORANDUM

DATE:

RECOMMENDATION

BACKGROUND/HISTORY

ANALYSIS

The proposed Ordinance, sponsored by Commissioner Alex J. Fernandez, has been submitted for consideration by the Mayor and City Commission.

Presently, pursuant to Section 90-97 of the City Code, the City of Miami Beach (“City”) provides solid waste collection services to single-family residences, and multifamily residences with a maximum of 8 units, through a City-negotiated contract with a single-family waste hauler. However, larger multifamily properties (with 9 units or more) are currently required to contract independently with private, franchise waste haulers for solid waste collection and disposal services without City oversight or involvement.

Under the City-negotiated waste collection agreement, the City maintains direct oversight and enforcement authority over the waste contractor, enabling the City to assist in resolving

complaints and ensuring consistent service delivery. The proposed Ordinance would increase the maximum number or mass threshold of multifamily buildings eligible for collection by the City’s single-family waste hauler under Section 90-97 from 8 units to 16 units. This amendment will benefit more residents and promote greater efficiency, fairness, and accountability in solid waste services, while maintaining high environmental and service standards Citywide.

Multifamily residential buildings with seventeen (17) or more units, including large condominium buildings, will continue to negotiate their own waste collection agreements as such larger buildings are generally in a better position to negotiate favorable terms with franchise waste haulers due to their size, administrative capacity, and bargaining power.

Also, pursuant to Section 90-278, there is currently an exemption from Construction and Demolition permits and collection fees for small renovations or repairs involving less than 1,000 square feet for single family residences, multifamily buildings with up to 8 units where the renovation or repair work and the work area are less than 1,000 square feet, and multifamily buildings with 9 or more units where the work area is less than 1,000 square feet. The revisions to Section 90-278, increasing the maximum number from 8 units to 16 units eligible for Construction and Demolition exemptions, are being made to ensure consistency with the revised classification of multifamily residential building sizes as set forth in Section 90-87 of the City Code.

FISCAL IMPACT STATEMENT

The sponsor of this item requests that the Administration be prepared to address the fiscal impact of this proposed measure, if any, at the City Commission meeting.

Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

City Attorney

Sponsor(s)

Commissioner Alex Fernandez

Co-sponsor(s)

Condensed Title

11:15 a.m. 1st Rdg PH, Add Multifamily to Residential Waste Agreement. (Fernandez) CA

Previous Action (For City Clerk Use Only)