At its January 13, 2021 meeting, the City Commission approved a referral to the Land Use and Sustainability Committee (LUSC) to discuss and review City Code Section 90-277 ("Permits Required"), concerning any containers or dumpsters ("roll-off" container or a "portable" container) located within the City requiring a permit.

The referral originated from a concerned resident, who in recent weeks had received a citation for having an unpermitted trailer dumpster or roll off container inside her property as part of a private construction activity.  She would have the container transported outside of her gate whenever it was full to unload it, and have it brought back onto her property when it was empty.  During one of these instances, a Code Compliance Officer approached the resident and requested to see a permit for the container, which she did not have, and as a consequence, was cited.  The resident appears to have differences of opinion with regards to the interpretation of the relevant City Code of Ordinances, and brought it up to a Commissioner's office so there could be further discussions at Committee.

According to Sec. 90-277, Permits Required, of the City Code, any activity pertaining to the removal or disposal of construction/demolition debris or large quantities of bulky waste (via rolloff containers, dumpsters or portable containers) from any premises into the City right-of-way (ROW), requires a permit.  Further, failure to secure a ROW permit for this activity is subject to a $100 penalty, per location.

However, in order to ensure the public's safety and to prevent traffic hazards, there are certain location restrictions (Sec. 90-279) as listed below, where these containers can not be used:

1 -Alleys, lanes, bridges

2 -Ocean Drive, from Biscayne Street to 15th Street

3 -Collins Avenue, from Biscayne Street to 87th Terrace

4 -Washington Avenue, from Biscayne Street to 17th Street

5 -41st Street, from Collins Avenue to Alton Road

6 -71st Street, from Collins Avenue to Bay Drive

In order for rolloff containers, dumpsters or portable containers to be allowed in the City ROW, waste container contractors must meet the following requirements:  

1 -Have a business license to be operating within our City’s limits (pursuant to Section 90-192)

2 -Have a permit to place a roll-off container and/or portable container within the City’s limits (pursuant to Sections  90-276 and 90-277).

There are additional fees and requirements listed under Sec. 90-278 for rolloff container and grapple service contractors (City Code attached).

As the City Code currently stands, Public Works staff do not have the flexibility to waive the permit requirements for activities related to removal or disposal of construction and demolition debris.   As such, the Administration requests guidance from Committee members in terms of any modifications or exception they would like to have incorporated into the current City Code.