§ 28.08. Commercial Premises.

(1)

Schedule of Fees.

(a)

Non-City Containers. A minimum fee of Twenty-Five and 58/100 Dollars ($25.58) per month shall be charged for commercial solid waste collection service without the use of City-furnished commercial containers. Any and all non-City furnished commercial containers are subject to the review and approval of the Solid Waste Division Manager prior to use and the Solid Waste Division Manager shall determine whether such service can be provided without the use of City-furnished commercial containers.

(b)

City-Furnished Containers. A fee of Five and 88/100 Dollars ($5.88) per cubic yard shall be charged for commercial solid waste collection service using City-furnished commercial containers; provided, however, that each commercial premise shall pay a minimum fee of Twenty-Five and 58/100 Dollars ($25.58) per month.

(i)

Commercial recycling collection service using City-furnished commercial recycling containers shall be charged a fee set by the Solid Waste Division Manager that is less than the fee charged for solid waste collection, and which shall be based on both operational costs and the current processing rate for recycled materials.

(c)

Compacted Solid Waste. Where the collection of compacted solid waste is approved by the Solid Waste Division Manager, the fee shall be Twelve and 37/100 Dollars ($12.37) per cubic yard.

(2)

Collection Frequency. Owners of commercial premises shall enter into an agreement with the Solid Waste Division Manager for the frequency of solid waste collection. When solid waste collection frequency, container size, and/or solid waste container type are affected by commercial recycling, the Solid Waste Division Manager shall have the sole authority to determine the effect and/or change caused by commercial recycling on solid waste collection frequency, container size and/or solid waste container type. Where deemed necessary by the Solid Waste Division Manager, the Solid Waste Division Manager shall also have the authority to require that more frequent solid waste collections be made.

(3)

Approved Containers.

(a)

Furnished by City. Where deemed necessary by the Solid Waste Division Manager, the City will furnish a commercial container to a customer subject to the rules and regulations governing the use of City-owned commercial containers.

(b)

Furnished by Customer. Where deemed necessary by the Solid Waste Division Manager, due to volume, weight or content of solid waste, the customer shall be required to furnish the commercial container, the type and use of which may be specified by the Solid Waste Division Manager.

(4)

Location of Commercial Containers for Collection.

(a)

Location. The location of commercial containers serviced by the City, its designated agents, licensees, franchisees or contract representatives shall be designated by the Solid Waste Division Manager.

(b)

Change of Location. Once the location of the commercial container has been designated by the Solid Waste Division Manager, no change of location is permissible without the approval of the Solid Waste Division Manager.

(c)

Location Requirements. The owner-occupant of commercial premises needing solid waste collection shall provide the Division with location(s) for the placement of commercial container(s) that meet the requirements of City Code Sections 58.951—58.955 and other safety and accessibility standards determined by the Solid Waste Division Manager. All costs of preparation of the commercial container sites and safe access routes shall be paid by the owner-occupant.

(5)

Unauthorized Use of Containers.

(a)

It shall be unlawful for any person to dispose of solid or industrial waste in any commercial container unless such person has contracted with the City for the use of the commercial container, or the person has been given authority to use the commercial container by the person who has contracted with the City for the use of the commercial containers. Any person found guilty of violating this provision shall pay a fine of not more than fifty dollars ($50.00).

(b)

Sharing Commercial Containers. The Solid Waste Division Manager may require commercial premises to share the use of commercial containers provided by the City.

(c)

It shall be unlawful for any unauthorized person to remove any solid waste from an approved commercial container. Any person found guilty of violating this provision shall pay a fine of not more than one hundred dollars ($100.00).

(6)

Trespass in Commercial Containers.

(a)

It shall be unlawful for any unauthorized person to enter and/or be inside of any commercial container furnished by the City.

(b)

For purposes of this section, it shall be prima facie evidence that a solid waste container is a commercial container furnished by the City if it has one or more of the following sets of words on its exterior surface:

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"CITY OF ORLANDO"

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"TOW AWAY ZONE—CARS BLOCKING THIS CONTAINER WILL BE REMOVED AT OWNERS EXPENSE"

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"$50 FINE FOR UNAUTHORIZED USE"

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"$50 FINE FOR DUMPING HOUSEHOLD GARBAGE IN THIS CONTAINER"

(Ord. of 2-25-1985, Doc. #19234; Ord. of 4-3-1989, Doc. #22899; Ord. of 12-9-1991, Doc. #25331; Ord. of 11-15-1993, Doc. #27049; Ord. of 11-28-1994, Doc. #28062; Ord. of 6-21-2004, § 2, Doc. #040621910; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9 , § 6, 3-11-2019, Doc. #1903111202)