§ 28.09. General Provisions.

The following provisions of this section shall apply to the collection of residential and commercial solid waste and recovered materials within the City of Orlando:

(1)

Fees.

(a)

Payment of Fees. The charges established by Sections 28.07(1) and 28.08(1) of this Code shall be billed and collected in such a manner as the City Council shall from time to time arrange and determine.

(b)

Adjustment of Fees. The charges established in Sections 28.07(1) and 28.08(1) of this Code shall be automatically increased by four (4.0) percent on October 1 of each year unless City Council affirmatively acts not to impose the scheduled increase in any given year. This increase shall not apply to the Solid Waste deposit set forth in Section 28.07(1)(g).

(c)

Delinquent Accounts. All accounts shall be delinquent if not paid as provided in the invoice reflecting the charges for the service rendered. All delinquent accounts may result in the termination of collection service without notice. If a delinquent account is not paid within thirty (30) days, the Solid Waste Division Manager shall terminate all solid waste or recovered material collection for the account, unless otherwise directed by the Public Works Director.

(d)

Waiver of Fees. The Solid Waste Division Manager shall have the authority to waive the solid waste or recovered material collection fee(s) provided for in sections 28.07(1) and 28.08(1) should an investigation reveal that a commercial or residential premise does not generate any solid waste or recovered material, and thereby does not require solid waste or recovered material collection service by the City or any of its franchisees, licensees contract representatives, or other legally authorized person. If at any time during a billing period, it becomes necessary for the City to provide solid waste or recovered material collection service to a commercial or residential premise, the particular premise shall be billed as though it had utilized the solid waste or recovered material collection service for the whole billing period. This subsection shall not be construed to allow any person to violate any provisions of this or any other chapter of the City Code.

(e)

Newly Annexed Commercial Premises. The Solid Waste Division Manager shall also have the authority to deviate from the solid waste or recovered material collection fee(s) provided for in Section 28.08(1) allowing for a fee adjustment grace period for newly annexed commercial premises. The Solid Waste Division shall maintain solid waste or recovered material collection fee(s) currently in effect prior to said annexation for a one-year period, with a one-year extension at the sole option of the City, as determined by the Solid Waste Division Manager. The charges for solid waste collection of said premises shall be billed and collected in such a manner as the City Council shall from time to time establish. Delinquent accounts shall be handled in the manner provided for in Section 28.09(1)(c) herein. Notwithstanding anything else contained herein, the City shall comply with the applicable requirements in Section 171.062, Florida Statutes, when dealing with newly annexed areas.

(2)

Storing of Solid Waste or Recovered Material. No person shall place any solid waste or recovered material 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 in metal, plastic, or other type containers under express approval of the Solid Waste Division Manager. Nor shall any person throw or deposit any solid waste or recovered material in any lake, stream or other body of water.

(a)

Unauthorized Accumulation. Any unauthorized accumulation of solid waste or recovered material on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of solid waste or recovered material within such period as may be fixed in a written or printed notice by the Solid Waste Division Manager posted on the premises or delivered to the owner-occupant of the premises shall be deemed a violation of this article.

(b)

Scattering of Solid Waste or Recovered Material. No person shall cast, place, sweep or deposit anywhere within the City any solid waste or recovered material upon any street, sidewalk, alley, sewer, parkway or other public place or in any 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 premises within the City.

(3)

Preparation of Solid Waste or Recovered Material for Collection.

(a)

Solid Waste. All solid waste and recovered materials shall be drained of all liquid before being placed in approved containers for collection. All cans and bottles which have contained food or foodstuffs shall be thoroughly rinsed and drained before being placed in approved containers for collection.

(b)

Construction and Demolition Debris. Construction and Demolition Debris shall be consolidated by the owner thereof, or the owner of the premises, subject to the rules and regulations of the Solid Waste Division Manager.

(c)

Ashes. Containers for the deposit of ashes within shall be made of metal. Ashes must be cold before being placed in containers for collection.

(d)

Maintenance of Containers. It shall be the responsibility of the commercial establishment or the residential owner and occupants of a residential premise to maintain the containers, bags, bundles, piles, and other materials placed for collection.

(e)

Amendments. The Solid Waste Division Manager shall have the authority to amend the above preparation regulations if in his opinion such amendments would protect the public health, safety and welfare of the citizens of Orlando.

(4)

Yard Trash.

(a)

Collection Frequency. Yard trash accumulated by residential and commercial premises shall be collected pursuant to the schedule established by the Solid Waste Division Manager.

(b)

Approved Containers. Yard Trash shall be separated from other solid waste and placed in a plastic bag sealed with a tie, tape or other suitable fastener. If the yard trash will not fit into a plastic bag, then the yard trash may be neatly stacked and bound with a rope, string, or other non-metallic fastener, or placed in a cardboard box or other disposable container with the yard trash clearly visible or the container clearly labeled "Yard Trash" and sealed with a tie, tape or other suitable fastener.

(c)

Location of Containers/Bundles for Collection. The yard trash containers or bundles shall be placed upon the curbside no earlier than 5:00 p.m. of the day before the scheduled curbside collection and no later than 6:00 a.m. the day of the scheduled curbside collection. The Solid Waste Division Manager may approve the placement of such containers or bundles of yard trash upon the curbside at an earlier time as he deems necessary.

(d)

Limitation as to Quantity. Yard trash collected in a plastic bag shall not exceed forty (40) pounds in weight. Yard trash which is neatly stacked and bound shall not contain individual items more than four (4) inches in diameter, four (4) feet in length and forty (40) pounds in weight. Total amount collected shall not exceed 4 cubic yards per collection day. Excess or unbundled yard trash shall be collected for an additional fee of Ten Dollars ($10.00) per cubic yard.

(e)

Yard Trash; Accumulation Prohibited. It shall be unlawful for any person to permit or allow any yard trash to accumulate or remain upon any property located in the City if it would be hazardous to the health, safety or welfare of the citizens of the City.

(Ord. of 12-27-1973, § 1; Ord. of 5-13-1974, §§ 1, 2; Ord. of 12-30-1974, § 2; Ord. of 7-14-1975, §§ 1, 2; Ord. of 5-16-1977, § 1; Ord. of 4-23-1979, § 1; Ord. of 9-15-1980, §§ 1, 2; 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 2-26-1996, Doc. #29179; Ord. of 6-21-2004, § 3, Doc. #040621910; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9 , § 7, 3-11-2019, Doc. #1903111202)