§ 15-5. Duty to dispose of solid waste and prevent accumulations.

(a)

Prohibited acts. It shall be unlawful for the owner, manager, occupant, lessee, or other person responsible for any lot, parcel or tract of land in any unincorporated area of the County, to deposit, store, keep, or maintain, or let, allow, cause, permit or suffer to be deposited, stored, kept or maintained, solid waste which is not containerized, upon such property, or adjoining right-of-way, easements or alleys except as specifically authorized in this chapter. All solid waste containers shall be placed at curbside or other designated collection area only on scheduled collection days no later than 7:00 a.m. and shall be removed on the day of collection. Yard trash or vegetative food waste which is being maintained for the purpose of composting may be kept uncontainerized on any lot, parcel or tract of land in the unincorporated area of the county, provided that the yard trash or vegetative food waste is not located on any right-of-way, alley or front yard area.

(b)

Enforcement. Failure to comply with the provisions of this section shall constitute a violation of this chapter. Whenever it is evident that there is a violation of this section, the enforcement officer shall do one (1) or more of the following:

(1)

Serve a notice of violation, in a form prescribed by the Director and approved by the Board of Miami-Dade County Commissioners, upon the owner, manager, occupant, resident, lessee or other responsible person by personal service, by certified mail or by posting a copy in a conspicuous place on the premises on which the violation exists. The notice shall specify a reasonable time, not to exceed fourteen (14) days, in which the violation shall be rectified or stopped, commensurate with the circumstances. In the event said notice is not complied with in the specified time, the enforcement officer shall proceed with the issuance of a uniform civil violation notice or direct removal as outlined below.

(2)

Cause a uniform civil violation notice to be issued, in a form prescribed by the Director and approved by the Board of Miami-Dade County Commissioners, upon the owner, manager, occupant, resident, lessee or other responsible person as prescribed in Section 8CC-3, Code of Miami-Dade County, Florida, as may be amended from time to time. This uniform civil violation notice may be issued each day until the violation is rectified.

(3)

Direct the Department of Solid Waste Management to remove the violation and charge the property owner for a special collection service in accordance with Section 15-14 of this chapter.

(c)

Prima facie evidence. In any prosecution charging a violation of a provision of this chapter, proof that the solid waste offense described in the complaint occurred on the property, including adjoining right-of-way, identified by the address thereon, together with proof that the owner, manager, occupant, resident, lessee or other responsible person identified in the complaint was notified of the violation as prescribed in this chapter, shall constitute in evidence a rebuttable presumption that such person was responsible for the violation.

(Ord. No. 59-12, § 5.01, 6-9-59; Ord. No. 67-65, § 1, 9-6-67; Ord. No. 71-60, § 1, 7-6-71; Ord. No. 72-6, § 3, 2-1-72; Ord. No. 72-26, § 1, 5-16-72; Ord. No. 81-108, § 1, 9-15-81; Ord. No. 82-105, § 1, 11-2-82; Ord. No. 89-5, § 2, 1-17-89; Ord. No. 91-95, § 5, 9-16-91; Ord. No. 92-43, § 3, 5-19-92; Ord. No. 99-91, § 3, 7-27-99)