§ 12-12. Collection and disposal by the City of Lake Worth or its franchisee.

(a)

Requirements during construction. Prior to the issuance of a building permit by the city building department for the renovation or modification of a structure or the construction of a new structure, provisions must be made by the property owner or the owner's agent for the on-site storage and handling of refuse. Such arrangement shall provide access to containers by mechanized equipment at all times. Acting jointly with the department of public services, the city building department and the builder-owner-occupant, as applicable, shall mutually arrive at a satisfactory arrangement to meet these requirements.

(b)

Responsibility for removal of construction wastes. Builders, building contractors and construction tradesmen shall be responsible for removing from the site all construction and demolition debris as defined in section 12-11 emanating from their work and shall use vehicles designed or outfitted so as to prevent the wastes carried therein from being blown, dropped or spilled from said vehicle. Any site where greater than four (4) cubic yards of construction or demolition waste will be produced will be required to use a roll off container as provided by section 12-11.1.

(c)

Responsibility for removal of waste by producer . It shall be unlawful for any person upon vacating or moving from any dwelling, storeroom or any other building situated within the corporate limits, to fail to remove all garbage, rubbish, white goods, and construction and demolition debris from such building and premise and grounds appurtenant thereto or to fail to place said waste in an approved sanitary container for disposal in accordance herewith. Failure of a lessee or occupant to comply with this requirement shall obligate the property owner or his designee to fulfill the responsibility of compliance with this article.

(d)

Transportation over city streets . Collectors of commercial refuse and collectors of refuse collected from outside the city desiring to haul over the streets of the city may do so provided they use vehicles designed or outfitted so as to prevent the refuse carried therein from being blown, dropped or spilled from said vehicle. Garbage shall be transported in watertight containers or in a vehicle provided with a tight-fitting cover and so constructed as to prevent offensive odors from escaping therefrom. Spillage shall be removed immediately from the public right-of-way. Cleanup fees may be assessed if the city or a contractor employed by the city removes the spillage from the public right-of-way.

(e)

Franchise required . It shall be unlawful for any person, firm or corporation to engage in the business of collecting and transporting garbage, refuse or waste through or over the streets or alleys of the city without having first secured a franchise therefor.

(f)

Tree trimmers, etc. Privately employed tree trimmers, tree surgeons, landscape contractors and operators of tree and shrubbery maintenance services shall remove all trash and debris over four (4) cubic yards from the premises upon which they are working, including but not limited to limbs, tree trunks, roots, shrubbery clippings and other debris emanating from their work. All grass clippings and leaves shall be placed in approved bags.

(g)

Exclusive collection of commercial refuse within the city . The city shall be the sole collector of solid waste within the city. The following provisions shall apply within the designated area or within the entire city:

(1)

It is a violation of this section for the property owner, the utility account holder, and person or entity in possession of the property to use commercial refuse collection services from any entity other than the city. The property owner, utility account holder, and person or entity in possession of the property shall be jointly and severally liable for the violations. Such violations shall be civil infractions and shall be fined the amounts as follows:

1.

For a first violation the violator shall receive a fine of two hundred fifty dollars ($250.00);

2.

For a second violation, the fine shall be three hundred fifty dollars ($350.00);

3.

For a third or subsequent violation, the fine shall be five hundred dollars ($500.00).

(2)

Each day in violation shall constitute a separate offense.

(3)

The public services waste division employees shall accept designated fines and issue receipts therefore. They shall further provide a uniform citation form for notifying alleged violators to appear and answer to charges of violations.

(4)

Payment shall be made, either by mail or in person, to the public services waste division within the time specified on the citation. If a person follows this procedure, s/he shall be deemed to have admitted the infraction and to have waived his/her right to a hearing on the issue of commission of the infraction.

(5)

Any person who fails to make payment within the specified period shall be deemed to have waived his/her right to pay the civil penalty as set forth in the citation.

(6)

Any person who elects to appear before a hearing officer or special magistrate to contest the citation shall be deemed to have waived his/her right to pay the civil penalty. The hearing officer or special magistrate, after a hearing, shall make a determination as to whether a violation has occurred and may impose a civil penalty not to exceed five hundred dollars ($500.00) plus court costs.

(7)

If a person fails to pay the civil penalty, or fails to appear before the hearing officer or special magistrate to contest the citation, s/he shall be deemed to have waived his/her right to contest the citation; and in such case, the hearing officer or special magistrate shall enter a fine at the time of the scheduled hearing, and the city may pursue a judgment against the violator for the maximum civil penalty.

(8)

Any person cited for an infraction under this article shall sign and accept the citation indicating a promise to pay the fine or appear at a hearing before the hearing officer or special magistrate.

(9)

The provisions of this section are an additional and supplemental means of enforcing this article. Nothing contained herein shall prohibit enforcement by any other means, including, but not limited to, emergency injunctive action to enforce the provisions of this section.

(Ord. No. 83-28, § 1, 1-3-84; Ord. No. 93-1, § 1, 2-3-93; Ord. No. 99-10, § 1, 5-4-99; Ord. No. 2005-16, § 1, 6-7-05; Ord. No. 2009-02, § 2, 1-6-09; Ord. No. 2015-10, § 2, 9-15-15)