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HomeMy WebLinkAbout0753 Ord (Garbage and Rubbish) e ORDINANCE NO. 753 AN ORDINANCE AMENDING CHAPTER 30 OF THE STILLWATER CITY CODE "GARBAGE AND RUBBISH" THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1) AMENDING. Chapter 30 of the Stillwater City Code is amended to hereafter read as follows: 30.01. GARBAGE AND RUBBISH REMOVAL Subd. 1. DEFINITIONS. "Normal household waste" is defined as food waste, paper, plastics, metal beverage and food cans, glass, household hazardous waste, packaging material for household items and other mixed municipal waste typically generated by the normal household. "Extra household waste" is defined as bagged yard waste, tree branches and bundled brush not exceeding four feet in length or forty pounds per bundle, appliances, furniture, doors, windows and construction material of reasonable quantities generated from handywork performed by a resident on their dwelling. e The items listed in each definition shall be considered examples of the type of solid waste within each category. All other terms or phrases used in this contract shall have the meaning given to the terms in the Solid Waste Management Plan as approved by City Council Resolution No. "91-239, dated December 3, 1991 . Subd. 2. PURPOSE. The purpose of this ordinance is to maintain and protect the public health and sanitation by the removal of garbage and rubbish from residences in the City of Stillwater and to prevent the unregulated and unrestricted hauling of garbage and rubbish by other means than through the garbage and rubbish collection system established by this ordinance so as to eliminate the dispersal of garbage and rubbish along the streets, road and other properties in and near the City of Stillwater Subd. 3. COLLECTION BY THE CITY. All garbage and rubbish accumulated in residences in the City shall be collected, conveyed and disposed of by the City or by its duly authorized contractor. No person shall collect or dispose of any garbage or rubbish accumulated on residential premises of the City except the City or its designated contractor. e ~-- e e e Subd. 4. GARBAGE AND RUBBISH CONTAINERS. Garbage and rubbish containers shall be only those authorized by the City and provided to the consumer by the City contractor and shall be equipped with suitable handles and tight fitting covers and shall be watertight. Subd. 5. CONSUMER REGULATIONS. a) Except on days scheduled for collection garbage and rubbish containers shall be stored out of view of the public street and on the day of collection shall be made readily accessible to the collector by placing the container at curbside. b) That the consumer shall be responsible for the damage or loss of a container and shall be liable to the contractor for this damage, except that reasonable wear is expected. c) That no mixing of household waste, yard waste, hazardous waste or other solid waste be permitted. d) That no container be unreasonably compacted by stuffing or otherwise. e) That a 30 gallon bag of waste not exceed 30 pounds and a bag of yard waste not exceed 40 pounds. f) That all bags be closed at the top and the lid fit securely shut on each container. Subd. 6. COLLECTION PRACTICES. 1. Frequency of collection. Garbage and rubbish shall be collected at least once a week according to a schedule to be determined and notice given by the City from time to time. 2. The pick up of both normal or extra household waste shall be unlimited in quantity. However, the fee for collection of normal household waste shall be as provided in Subd. 8. There shall be no charge for the collection of extra household waste. Normal and extra household waste does not include rocks, sod, cement, dirt or construction material accumulated from substantial work performed on a dwelling by a general contractor or from substantial remodeling done by a resident/homeowner. Subd. 7. STORAGE OF GARBAGE AND RUBBISH. No person shall place any garbage or rubbish in any street, alley or other public place or upon any private property, whether owned by such person or not, within the limits of the City of Stillwater, unless it is in proper containers for collection, nor shall any person throw or deposit any garbage or rubbish in any stream or other body of water. Any unauthorized accumulation of garbage or rubbish on any premises is hereby declared to be a nuisance and is prohibited. No person shall cast, place or deposit anywhere within the City any garbage or rubbish in such a manner that it . may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied premises within the City. Subd. 8. FEES. Effective July 1, 1992 The fee for collection per month shall be as follows: For each 30 Gallon Container For each 60 Gallon Container For each 90 Gallon Container Adjusted Accounts For each 30 gallon bag sticker $13.75 $17.75 $19.75 $12.00 (30 gallon container) $ 2.00 per sticker The minimum charge for each and every dwelling unit shall be based on the fee for a 30 gallon container. In the alternative, a residence may request a 60 or 90 gallon container, and after approval by the City Clerk, the contractor shall make either a 60 or 90 gallon container available to a residence. However, a residence shall not be entitled to change container size at intervals of less than 6 months and upon less than 30 days notice to the City. -- Multifamily residences of three or more units shall pay the mandatory rate for 30 gallon containers per dwelling unit unless a different rate is negotiated between the Contractor and the residence. In the event a residence desires collection of more than 30 gallons of normal household waste per week, it shall purchase stickers from the City for the cost of $2 per sticker and that shall entitle the residence to an additional 30 gallon bag of waste. In the event the City adopts a "fee for bag" system, in lieu of a sticker system for the handling of excess household waste the residence shall purchase bags provided by the City for the cost of $2 per bag and that shall likewise entitle the residence to an additional 30 gallon bag of normal household waste. No bag shall be collected unless a sticker is attached to it or unless it is of the kind purchased from the City. Subd. 9. RELIEF FOR SENIOR CITIZENS AND DISABLED. A) The City Council may, in its discretion, waive the payment of any charges for solid waste collection when it determines by majority vote as disclosed by an application for relief that not e more than two people reside within a household and that they head e of the household is 62 years of age or older or is retired by reason of permanent disability regardless of age, and that the payment of the solid waste charges and fees would be a hardship. B) APPLICATION FOR RELIEF. Persons seeking relief shall make application on a form prescribed by the city clerk setting forth the applicant's income and assets at the time of making of the application. C) TERMINATION OF RELIEF. Relief granted hereunder shall terminate upon the occurrence of any of the following events: 1) the death of eligible persons provided that the spouse is not otherwise eligible for the same relief; 2) if for any reason the City Council determines that the payment of the garbage fee would no longer be a hardship. e Subd. 10. FINANCING. The cost of operation of the solid waste and rubbish collection system herein established shall be paid from a separate fund here established for that purpose and known as the solid waste and rubbish collection fund. All receipts derived from fees herein established shall be deposited in said fund and said fund shall be used exclusively for the purpose of paying the cost of the maintenance and operation of the solid waste and rubbish collection system, including but not limited to the contracting for service, purchase of equipment and administrative expenses. Subd. 11. COLLECTION OF CHARGES. Monthly fees shall be due and payable quarterly in advance. Such charges shall be placed on the account of the owner or occupier of the premises so served or both and when paid, shall be deposited in the solid waste and rubbish collection fund. All accounts shall be delinquent if not paid within 90 days after the statement is rendered. Such charges shall be a charge against the owner, lessee or occupier of any residential unit any such charge properly billed and unpaid may be collected in a civil action in a court of competent jurisdiction or at the discretion of the City Council may be certified to the County Auditor with taxes against the property so served. A penalty charge of $5 or 10 percent of delinquent charges due, whichever is greater, shall be added to the amount to be certified to the County Auditor to reimburse the City for Administration expenses resulting from the delinquency. Subd. 12. PENALTY. Any person, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor. e 2. REPEALING. City Code Section 30.02, entitled "Rubbish Deposit System," is hereby repealed. e e e 3. EFFECTIVE DATE. This ordinance shall be in full force and effect after its publication according to law and on July 1, 1992 and thereafter. Adopted by the City Council this 18th day of February , 1992. w~~r~ ATTEST: M~JO~~ Published: by Summary April 2, 1992 .. ... e e e "-. Affidavit of Publication THE COURIER STATE OF MINNESOTA ) )llS. COUNTY (J' WASHINGTON ) Robert liberty, being duly sworn, on oath says that he Is the publisher or authorized agent and which are stated below: employee of the publisher of the newspaper known as The Courier, and has full knowledge of the lacts (A) The newspaper has complied with all of the requirements constituting qualification as a amended. qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as CITY OF STILLWATER (8) The prlnted------------m-------_____________________________m....__________m________......__________________ RESOLUTION NO. 92-26 -- -... ..-.. -....- --.. -.. --.. .....--- .... .... .........- -..-.... ----.. -.. --- ---..---....----- ..-....... --.. -.. .......-- _......-.... -..- ------. ..-...... --..........-.. ..-.. -.. -...-..- -.. -.... -- ---- ...........-....--........-.................-....-..........-------------....-..------..-..-----....---...--...-.....--.....------..-..-.......-...----..-..----....................-......-..............-........... which Is attached was cut from the columns of said newspaper, and was printed and published once 1 Thursday 2nd each week, for----------------successlve weeks: it was first published on----..-------.------, the __.______ April 92 day 01---.-.----.-----, 19--.-...--, and was thereafter printed and published on every...----.m..--------to and Including the-m------day 01 m__________________, 19------~--; and printed below is a copy of the lower case alphabetlrom A to Z, both Inclusive, which Is hereby acknowledged as befng the size and kind of type used In the composition and publica lion ollhe notice: ~ abcderghijklmnopqrstuvwxyz BY: ~--f- '-__ TrrLE: PublIsher SUbSCri~d and swom to before me on this -;)-~---day Of---fr-~r:.~_._~_________m__, 19--::t~. *.:':rc.,J"';:~'("'" ", , 'l" ~:tJ:,. RATE INFORMAllON ......- .....--....-.... -.... -.. -- ..-.. -....... ..........-.... -..- -.. --..... --...... -.. ....- -....- ..-...... -- -.. ....-..... -....-.. -......... .......... ....... ......- -....--........-- (1) Lowest classified rate paid by com- mercia/ users lor comparable space. (2) Maximum rate ailowed by law lor the above mailer (3) Rate actually charged lor the above mailer Received Payment---m-----mm__:___ 19---..---- The Courier 8 Y --- ----- ---.. _ -- ------.. . --.. -- --- __u_ --- $.__23_~J..~ (tJno,word orinchrate) $---.13. .Q Q- (L;"e, word, or inch rate) $-_LS.:.0J2.) (LIne, word, or lnce rate) OF~~T:h'. iV ve~::~~j~ thatan........-~t, byttt8~~~ Nelty C~ byame~~i' SOt_ Rubtllsh., and that'" COun- ell . of its member"doe$ find .that . the. at~ Title and Summary of the or(li- . nancee.prepared by the City Attorney, does clearly infOrm the pu~cofthelntent and eff.ep1 of the' fIlifihance and the form of P\lbllcatlol'l ill apprQ'i(l(\,This action is given as aulhorizedby the ~tlltwater City Chapter, Article V, ~,f. Tile form that $hall be P\lbIIsheOls as \lilt forth here. after: .TrfLE ANO SUMMAAY ORDINANCE NO. 753 AfilORDlNANCE AMENOING THE , . '..,..' CITY OF STILLWATER , ' , ' CITY QCOE BY AMENOING CHAPTE:R 30 ' <GARBAGE AND RU(3BISH.. ',. 1. The ordinance estabf18h9s definitions ~.. ,. will be u~ in .the future to describe .asper:I$ ,fJ. the SoIkl:Waste Man~t effort in the City; 2. The Ordinance est$bllshes certain reg\lla- tlonstl,Ul~lNilIllPply to consume~' of ~. City. who ~ to the solid waste. stream; .... · 3. ~;Ordinance control. and regulates the soiid .....con.ctor. . . 4. Thf::trdlnance establishes rates fcreon- tribu .. the system that will be in effect after July 1, . S. noncewiU be in effect after publl- calion , and alter July 1.. 1992. ' . ' E ,'.. " by the City Council of the City of Stlllw.\lir~s 18th day of February, 1992. . . Is! VIi allv Abrllhamson Wally Abrahamson, Mayor ATIES'{i.;)<.i. 'i~'.j~iii; .. Is! Mary tJ:iI:I'.~!it1~!';. " . .,,; \;;')!) Mary Lou JqnIt'\l6t\', tl~ .. 4/2 ,I )