Introduced by the President of the Council at the Request of the Duval County Housing Finance

Amended 8/26/08

Introduced by Council President Davis at the request of the Mayor and amended by the Rules Committee:

ORDINANCE 2008-513-E

AN ORDINANCE AMENDING THE FOLLOWING ORDINANCE CODE CHAPTERS TO CORRECT THE TITLES OF THE DEPARTMENTS PURSUANT TO THE REORGANIZATION LEGISLATION; AMENDING CHAPTER 111 (SPECIAL REVENUE AND TRUST ACCOUNTS), ORDINANCE CODE; AMENDING CHAPTER 119 (STATE REVOLVING FUND LOANS), ORDINANCE CODE; CHAPTER 123 (PUBLIC FEES), ORDINANCE CODE; AMENDING CHAPTER 128 (RISK MANAGEMENT PROGRAM), ORDINANCE CODE; AMENDING CHAPTER 158 (EMERGENCY AND NONEMERGENCY MEDICAL TRANSPORTATION SERVICES), ORDINANCE CODE; AMENDING CHAPTER 162 (BATHING ESTABLISHMENTS), ORDINANCE CODE; AMENDING CHAPTER 173 (CEMETERIES), ORDINANCE CODE; AMENDING CHAPTER 197 (RIDING ACADEMIES), ORDINANCE CODE; AMENDING CHAPTER 204 (SPEEDWAYS), ORDINANCE CODE; AMENDING CHAPTER 206 (SWILL GARBAGE), ORDINANCE CODE; AMENDING CHAPTER 220 (VEHICLES FOR HIRE), ORDINANCE CODE; AMENDING CHAPTER 260 (DISPOSAL OF WASTE TIRES), ORDINANCE CODE; AMENDING CHAPTER 320 (GENERAL PROVISIONS), ORDINANCE CODE CHAPTER 360 (ENVIRONMENTAL REGULATION), ORDINANCE CODE; AMENDING CHAPTER 362 (AIR AND WATER POLLUTION), ORDINANCE CODE; AMENDING CHAPTER 365 (HAZARDOUS REGULATED SUBSTANCE PROGRAM), ORDINANCE CODE; AMENDING CHAPTER 366 (GROUNDWATER RESOURCE MANAGEMENT), ORDINANCE CODE; AMENDING CHAPTER 368 (NOISE CONTROL), ORDINANCE CODE; AMENDING CHAPTER 376 (ODOR CONTROL), ORDINANCE CODE; AMENDING CHAPTER 380 (SOLID WASTE MANAGEMENT), ORDINANCE CODE; AMENDING CHAPTER 382 (WASTE COLLECTION AND DISPOSAL SERVICE BY CONTRACTORS AND CITY), ORDINANCE CODE; AMENDING CHAPTER 386 (WASTE FLOW CONTROL), ORDINANCE CODE; AMENDING CHAPTER 420 (GENERAL PROVISIONS), ORDINANCE CODE; AMENDING CHAPTER 460 (HEALTH CODE), ORDINANCE CODE; AMENDING CHAPTER 463 (CHILDREN’S ACCESS TO TOBACCO PRODUCTS), ORDINANCE CODE; AMENDING CHAPTER 470 (INDIVIDUAL SEWAGE DISPOSAL SYSTEMS), ORDINANCE CODE; AMENDING CHAPTER 472 (RODENTS AND INSECTS), ORDINANCE CODE; CHAPTER 474 (SLUDGE DISPOSAL OR UTILIZATION SITES), ORDINANCE CODE; AMENDING CHAPTER 636 (TRAFFIC AND PARKING), ORDINANCE CODE; AMENDING CHAPTER 651 (EXPEDITED PERMITTING), ORDINANCE CODE; AMENDING CHAPTER 654 (CODE OF SUBDIVISION REGULATIONS), ORDINANCE CODE; AMENDING CHAPTER 655 CONCURRENCY MANAGEMENT SYSTEM), ORDINANCE CODE; AMENDING CHAPTER 656 (ZONING CODE), ORDINANCE CODE; AMENDING CHAPTER 674 (DISASTER PREPAREDNESS AND CIVIL EMERGENCY), ORDINANCE CODE; AMENDING CHAPTER 680 (MOTOR VEHICLE SAFETY INSPECTION PROGRAM), ORDINANCE CODE; AMENDING CHAPTER 710 (CABLE TELEVISION), ORDINANCE CODE; AMENDING CHAPTER 744 (STREET CONSTRUCTION REGULATIONS), ORDINANCE CODE; AMENDING CHAPTER 751 (SEPTIC TANK SUPERFUND), ORDINANCE CODE; AMENDING CHAPTER 804 (JACKSONVILLE TRAFFIC CODE), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED by the Council of the City of Jacksonville:

Section 1. Amending the Ordinance Code. The Ordinance Code is hereby amended as follows:

CHAPTER 111. SPECIAL REVENUE AND TRUST ACCOUNTS.

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PART 7. ENVIRONMENT AND CONSERVATION.

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Sec. 111.750. Air Pollution Control Trust Fund.

There is established within the General Trust and Agency Funds an account to be known as the Air Pollution Control Trust Fund , into which shall be deposited the fees returned to the City, as Duval County, by the State Department of Environmental Protection pursuant to F.S. § 320.03(6). The funds in this account are subject to appropriation by the Council and shall be used only for air pollution control programs relating to the control of emissions from mobile sources of air pollution and toxic and odor emissions, air quality monitoring and facility inspections pursuant to F.S. Ch. 403 or pursuant to local law. The Director of Administration and Finance is authorized and directed to make disbursements from this fund upon the written requisition of the Director of Health, Welfare and Bio-Environmental Services Environmental Compliance Department or his designee.

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CHAPTER 119. STATE REVOLVING FUND LOANS.

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Sec. 119.109. Dispute resolution procedure.

The Director of Public Utilities JEA Managing Director or Director of Water and Waste Water or his designee shall insert the following dispute resolution procedure in the contract specifications for all projects under State Revolving Fund Loans:

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(b) If there has been no satisfactory resolution of the dispute under paragraph (a) of this Section, the party may request the following review procedure:

(1) Within five workdays of the receipt of the project engineer's or the design professional's decision, the party shall file a request for review with the Director of Public Utilities JEA Managing Director or Director of Water and Waste Water or his designee. The request for review shall be in writing and shall state, with particularity, all reasons for review of the decision. A copy shall be served upon the project engineer or design professional and such service shall be certified.

(2) Within five workdays after the filing of the request for review, the City and the project engineer or design professional shall file, with the Director of Public Utilities JEA Managing Director or Director of Water and Waste Water or his designee, a reply to the request for review. Such reply shall, to the extent possible, answer each and every reason for review stated by the party. Copies shall be served upon the party and service shall be certified.

(3) Within five workdays of receiving the City's reply, the Director of Public Utilities JEA Managing Director or Director of Water and Waste Water, or his designee, shall arrange for the appointment, by the General Counsel, of an impartial hearing officer, from the pool of environmental hearing officers, to consider the review process.

Sec. 119.110. JEA and the Water and Sewer Expansion Authority authorization.

To the extent allowed by law, the JEA and the Water and Sewer Expansion Authority shall be and is hereby authorized to exercise the rights granted in this Chapter for the purposes stated therein to rehabilitate and construct water and sewer facilities. For the purposes of this Chapter 119 the word Mayor shall also mean the Managing Directors of the JEA and the Water and Sewer Expansion Authority (or other such person as designated by the JEA and the Water and Sewer Expansion Authority); the word city shall also mean the JEA and the Water and Sewer Expansion Authority; and the term Director of Public Utilities shall mean the Directors of Water and Wastewater, JEA and the Water and Sewer Expansion Authority.

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CHAPTER 123. PUBLIC FEES.

PART 1. IN GENERAL.

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Sec. 123.102. Fees established.

There are hereby established for the departments listed below the indicated fees for the indicated permits, materials or services:

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(c) Regulatory and Environmental Services Environmental and Compliance Department:

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CHAPTER 128. RISK MANAGEMENT PROGRAM.

Sec. 128.101. Program created; coverages provided.

There is hereby authorized and created a risk management program for the City and such of its independent agencies as elect to participate in the program as provided in Section 128.103. The purpose of this risk management program is to provide uniform and centralized self-insurance for automobile liability, general liability and workers' compensation and, for the Mosquito Control Activity, Regulatory and Environmental Services Environmental and Compliance Department, aircraft physical damage, and for such other risks as may from time to time be added by the Director as provided in Section 128.119.

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CHAPTER 158. EMERGENCY AND NONEMERGENCY MEDICAL TRANSPORTATION SERVICES.

PART 1. FINDINGS AND INTENT OF COUNCIL; EXERCISE OF COUNTY POWERS; DEFINITIONS.

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Sec. 158.103. Definitions.

As used in this Chapter:

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(h) Director means the Director of Regulatory and Environmental Services Fire and Rescue Department.

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CHAPTER 162. BATHING ESTABLISHMENTS.

Sec. 162.101. Definitions.

As used in this chapter:

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(c) Departmentmeans the Regulatory and Environmental Services Duval County Health Department.

(d) Directormeans the Director of Regulatory and Environmental Services the Duval County Health Department.

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CHAPTER 173. CEMETERIES.

Sec. 173.101. Definitions.

As used in this chapter:

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(c) Directormeans the Director of Regulatory and Environmental Services Planning and Development.

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Sec. 173.103. Cemetery plats.

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(c) Plat recordation. Cemetery plats approved by the Council shall include a dedication of the land for use as a cemetery and shall be recorded among the public records of Duval County at the expense of the applicant. A copy of the plat shall be filed with the Regulatory and Environmental Services Planning and Development Departments.

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CHAPTER 197. RIDING ACADEMIES.

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Sec. 197.102. Permit required.

No person shall engage in business as a riding academy without a permit issued by the Director of Regulatory and Environmental Services Duval County Health Department.

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CHAPTER 204. SPEEDWAYS.

Sec. 204.101. Definitions.

For purposes of this chapter, the following terms and phrases are defined as follows:

(a) Director means the Director of Regulatory and Environmental Services Environmental and Compliance.

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CHAPTER 206. SWILL GARBAGE.

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Sec. 206.102. Permit required.

No person shall use a vehicle to remove, dispose of, convey or transport swill garbage without a permit issued by the Director of Regulatory and Environmental Services the Public Works Department for each vehicle. No permit shall be required to a person operating a garbage collection service under a franchise granted or a certificate of public convenience and necessity issued by the city.

Sec. 206.103. Inspection of vehicles; grounds for suspension and revocation of permits.

(a) An applicant for a permit, and a permittee, shall produce each vehicle for which a permit is sought, or which is operated under a permit, for inspection or reinspection at such reasonable times and places as the Regulatory and Environmental Services Public Works Department (hereinafter referred to as Department) shall require. Failure to produce a vehicle for inspection shall constitute an abandonment of an application for a permit, or shall result in automatic suspension of a permit until the vehicle is produced for inspection. If, on subsequent inspections, the vehicle complies with this chapter, the permit may be issued or reinstated as applicable.

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CHAPTER 220. VEHICLES FOR HIRE.

PART 1. GENERAL PROVISIONS.

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Sec. 220.102. Definitions.

As used in this Chapter:

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(b) Departmentmeans the vehicle-for-hire regulatory activity of the Regulatory and Environmental Services Environmental and Compliance Department.

(c) Directormeans the Director of Regulatory and Environmental Services Environmental and Compliance.

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CHAPTER 260. DISPOSAL OF WASTE TIRES.

PART 1. GENERAL PROVISIONS.

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Sec. 260.103. Definitions.

As used in this part:

(a) Director means Director of the Department of Public Utilities Public Works Department, or his designee.

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CHAPTER 320. GENERAL PROVISIONS.

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PART 4. PERMITS.

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Sec. 320.403. Approval of other authorities.

In addition to verifying compliance with this building code, the Building Official shall require that the laws, rules and regulations of any other regulatory authority having jurisdiction, where the laws, rules and regulations are applicable and are known to him, shall be satisfied before a permit is issued. He shall require such evidence as in his opinion is reasonable to show the other approvals. The Building Official shall not thereby be held responsible for enforcement of the other regulations he is not specifically authorized to enforce. Following are some, but not necessarily all, of the other agencies having jurisdiction:

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(d) The Regulatory and Environmental Services Environmental and Compliance Department for:

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CHAPTER 360. ENVIRONMENTAL REGULATION.

PART 1. PUBLIC POLICY; GENERAL PROVISIONS.

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Sec. 360.106. Definitions.

As used in this chapter:

(a) Board means the Environmental Protection Board.

(b) Director means the Director of Regulatory and Environmental Services Environmental and Compliance.

(c) Department means the Regulatory and Environmental Services Environmental and Compliance Department.

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CHAPTER 362. AIR AND WATER POLLUTION.

PART 1. GENERAL PROVISIONS.

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Sec. 362.103. Definitions.

In this Chapter, or in rules adopted pursuant hereto, unless the context otherwise requires:

(a) Boardis the Environmental Protection Board.

(b) Directormeans the Director Regulatory and Environmental Services of Environmental and Compliance.

(c) Contaminantis a substance which is harmful to plant, animal or human life.

(d) Departmentis Regulatory and Environmental Services Environmental and Compliance Department.

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CHAPTER 365. HAZARDOUS REGULATED SUBSTANCE PROGRAM.

PART 1. GENERAL PROVISIONS.

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Sec. 365.102. Definitions and tables.

(a) Definitions. For the purpose of this ordinance, certain terms or words used herein shall be interpreted to have the following meanings unless the context indicates otherwise. The definitions found in F.S. § 376.301 are adopted herein. The word "shall" is mandatory; the word "may" is permissive.

Boardmeans the Jacksonville Environmental Protection Board.

Corrective Action Rulemeans proposed Corrective Action for Sold Waste Management Units at Hazardous Waste Management Facilities.

DEPmeans Florida Department of Environmental Protection.

Departmentmeans the Regulatory and Environmental Services Environmental and Compliance Department (RESD) of the City of Jacksonville.

Dielectric materialmeans a material that does not conduct direct electrical current.

Directormeans the Director of the Department.

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CHAPTER 368. NOISE CONTROL.

PART 1. GENERAL PROVISIONS.

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Sec. 368.104. Definitions.

In this chapter and the rules promulgated by the Board under this chapter, unless the context otherwise requires:

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(n) Noise Control Officermeans the Director of Regulatory and Environmental Services Environmental and Compliance, or his representative.

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CHAPTER 376. ODOR CONTROL.

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Sec. 376.104. Definitions.

In this chapter, unless the context otherwise requires:

(a) Boardmeans the Environmental Protection Board.

(b) Directormeans the Director of Regulatory and Environmental Services Environmental and Compliance.

(c) Departmentmeans the Regulatory and Environmental Services Environmental and Compliance Department.

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CHAPTER 380. SOLID WASTE MANAGEMENT.

PART 1. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.

Sec. 380.101. Purpose, intent and findings.

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(b) Findings. The City of Jacksonville has been delegated the responsibility and power to provide for the operation of an integrated solid waste disposal system to meet the needs of all incorporated and unincorporated areas of the County. One of the first steps necessary in carrying out that responsibility is the creation of an inventory of solid waste disposal or management facilities capable of helping the City meet its responsibility. A certificate of public convenience and necessity pursuant to this Chapter shall indicate resource availability to the City's Director of Public Utilities Public Works Department who is responsible for designation under Chapter 386, Ordinance Code.