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Commission tightens municipal garbage pickup rules, preserves limited service for most current properties

City of South Miami City Commission · February 17, 2026
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Summary

After months of analysis and public testimony from multifamily residents, the commission adopted amendments to the municipal garbage and trash code (5–0), establishing an up‑to‑20‑unit standard with a one‑year implementation window and directed staff and counsel to study grandfathering and cost‑plus service options.

The City Commission adopted on second reading an ordinance amending municipal garbage and trash service parameters with a 5–0 vote. The ordinance establishes a clearer threshold for which multifamily properties receive municipal collection and includes a one‑year transition period for affected properties.

Director Munoz said staff analyzed three scenarios (thresholds that would include properties up to 9 units, up to 20 units, or up to 50 units). He reported that the up‑to‑20 scenario would preserve the majority of the nine currently served properties that exceeded the old cap, with an estimated modest fiscal impact (staff reported roughly $29,000 in modeled effects); by contrast, an up‑to‑50 policy would have added roughly 450 units to the city portfolio and required adding a crew and truck, with an annual operating cost near $210,000 plus a one‑time vehicle capital cost of approximately $400,000–$450,000.

Several residents from the Banyans and Miller 67 testified that they have received continuous city service since the 1970s and would face substantial compliance costs (up to an estimated $200,000 for physical enclosure work) if forced to modify on‑site infrastructure or to contract privately for haulers. Rick Katz, representing Banyans residents, said the community would mobilize politically and legally if the change removed service they said had continued since their certificate of occupancy in 1977.

The commission approved the ordinance but also directed three follow‑ups: the city attorney will research whether a legal basis exists to grandfather the Banyans and Miller 67; staff will document the current level of service and number of cans/dumpsters so that, if lawful, the properties can be grandfathered at their present LOS; and staff will study a municipal, cost‑plus service option that would let the city offer pickup on a reimbursable basis to avoid punitive private‑market quotes. The council set May 19 as a deadline to return with the requested analysis.

Mayor Fernandez stressed the board’s intent to treat residents fairly while rectifying inconsistent historical practices. "We didn't want to be willy‑nilly about this," he said during discussion, adding that staff sought a rational, fiscally informed line for service allocation.

Action: Ordinance adopted on second reading (vote 5–0).