A special magistrate concluded that trash was removed from Pura Vida, 6 South Ocean Boulevard, by an individual not authorized under the city's exclusive franchise agreement and assessed a one-time $4,000 fine.
Why it matters: The city maintains an exclusive contract for municipal refuse removal. Code enforcement said outside removal risks contamination, creates alley congestion and undermines the franchise contract.
Evidence and testimony: Code Enforcement Officer James Easley and nuisance-abatement officer Tarrant (Todd) McCoy testified they observed photos and received reports that, on June 9, a white pickup truck with a red trailer was seen loading dumpster contents and departing the site. McCoy said he personally approached the individual at the scene and was told the pickup was making an “emergency pickup” for the restaurant; McCoy told the operator he was not authorized to do so and reported the incident.
Respondent testimony: Representatives for the restaurant and the billing/brokerage firm said the broker’s role is billing consolidation and management, not hauling, and that the individual in the video “should not have been pulling anything out.” The broker said Waste Management continues to provide contracted service and that crews have since been re-educated.
Magistrate's ruling: Magistrate Wagner found a violation of City Code section 51.15, assessed a $4,000 one-time fine (reduced from the city's $5,000 request), and ordered payment within 30 days or the city may place a lien. Wagner noted the city could seek higher penalties for repeat offenses but reduced the fine here because the respondent engaged with the city and took corrective steps.
Next steps: Payment due within 30 days; the magistrate instructed city staff to monitor compliance and warned of stronger sanctions on recurrence.