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HomeMy WebLinkAboutOrd. 102 - Garbage Haulers CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 102A AN ORDINANCE AMENDING ORDINANCE NO. 102 REGULATING THE STORAGE, COLLECTION AND TRANSPORTATION OF GARBAGE, RECYCLABLES AND REFUSE WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: Ordinance No. 102 is hereby amended as follows: Section 3. General Regulations Subd. 2. Scattering of Refuse; Composting. No person shall bury any refuse in the City except in an approved sanitary landfill. a. Compost upon private property. Yard waste and easily biodegradable, non poisonous garbage may be composted on the premises, where such yard waste/refuse has been accumulated or on private property with the owner's consent. a. Composting. Composting is permitted on private property if all of the following conditions are met: 1) Only organic materials. yard wastes and easily biodegradable. non poisonous garbage may be composted. 2) Composting shall be placed in a container(s) or a pile (pile not to exceed thirty-six (36) square feet in area and shall not exceed three (3) feet in height). 3) The compost pile or container(s) shall be located in the rear yard at least five (5) feet from any property line or twenty (20) feet to a side yard lot line if adjacent to any public street right-of-way. If a rear yard location is unavailable or impractical the compost materials may be placed in another location approved by the City Administrator or authorized desi~ee. 4) All compost piles and containers shall be fully screened so as not to be visible from adiacent properties and public right-of-ways 5) Compost materials shall be maintained so as not to create odors. rodent harboralie. fire hll7.l1rds or other nuisances. Amortization: A thirty (30) day amortization shall be established for all non-conforminli compostinli uses from the date the ordinance amendment is adopted. All other sections of this ordinance shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover this .l6ili day of 00, 19.26.. CITY OF ANDOVER ~ !f;/L Attest: Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. 102 AN ORDINANCE REGULATING THE STORAGE, COLLECTION AND TRANSPORTATION OF GARBAGE, RECYCLABLES AND REFUSE WITHIN THE CITY OF ANDOVER. SECTION 1. PURPOSE. It is the purpose of this Ordinance to protect the public health, safety and general welfare of the citizens of the City by requiring each residential, commercial or industrial property to properly store and dispose of garbage, recyclables and refuse as defined in this Ordinance. The Ordinance will also require that all garbage, recycling and refuse collectors operating within the City be licensed. SECTION 2. DEFINITIONS. Subd. 1. For the purposes of Section 1 et seq., the terms defined in this section shall have the meanings given them in the subdivisions which follow: Subd. 2. "Compost" means yard waste and other biodegradable matter which under proper conditions will be converted to a soil-like substance used as a soil conditioner. Subd. 3. "Garbage" shall mean animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food. Subd. 4. "Recyclables" includes newsprint, corrugated cardboard and office paper, plastics, tin cans, aluminum, used motor oil, glass and other metal goods and other items identified as reusable or reprocessable materials. Subd. 5. "Rubbish" means all inorganic solid waste such as ashes and other non-reusable waste. Subd. 6. "Refuse" includes garbage and rubbish. Subd. 7. "Yard Waste" means the garden wastes, leaves, lawn cuttings, weeds, and prunings generated at residential, commercial and industrial properties. SECTION 3. GENERAL REGULATIONS Subd. 1. Refuse in Streets, etc. No person shall place any refuse, recyclables and yard wastes in any street or public place upon any private property except in proper containers for collection. No person shall throw or deposit refuse, recyclables and yard waste in any body of water or in such manner as to cause litter or contamination of the environment. Subd. 2. Scattering of Refuse; Composting. No person shall bury any refuse in the City except in an approved sanitary landfill. Page Two a. Compost upon private property. Yard waste and easily biodegradable, non poisonous garbage may be composted on the premises, where such yard waste/refuse has been accumulated or on private property with the owner's consent. Subd. 3. Disposal Required. Every household or occupant or owner of any residence, commercial or industrial establishment shall, in a sanitary manner, dispose of refuse and recyclables that may accumulate upon the owner or occupant's property through a collection service licensed by. the City on a weekly basis or by other methods approved by the City. Recyclables shall be collected at a minimum on a biweekly basis. SECTION 4. REFUSE COLLECTION Subd. 1. License Required. It is unlawful to collect, haul or convey refuse from any premises in the City, other than from one's own residence, without a valid license thereof. Each such vehicle so used, except for personal disposal, must be licensed for such activity. Subd. 2. Application for license. The applicant for a collector's license or renewal of such license shall provide the following: a. The name and address of the owner of the collection service who is to be the licensee; b. A description of each piece of equipment proposed to be used in the collection operation; c. A schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the City; d. A schedule of varying rates based on the volume or weight of the refuse collected shall be kept on file in the office of the City Clerk indicating the charge for each size container or other schedule of charges to be applied by the licensee (the City may designate the number of categories in regard to the size of the containers); e. The frequency of service to be rendered; f. The place to which the refuse is to be hauled; g. The manner in which the refuse is to be disposed; h. Proof of insurance as required in Subd. 4; and i. Any other information the City deems necessary. Subd. 3. Processing of Application. Applications for a license hereunder shall be submitted to the City for review and recommendation. If the Council is satisfied that the public need, convenience and good order will be served thereby, it may grant a license to such applicant. Page Three Subd. 4. Insurance. No license shall be issued until the applicant files with the City a current copy of the policy of public liability insurance. The public liability insurance shall be in the amount of at least $100,000 for injuries, including accidental death, to anyone person and in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of $50,000. Every such policy shall provide that it shall not be cancelled, terminated or amended for any reason without at least ten (10) days written notice given to the City. Subd. 5. License Fee. Licenses shall be issued for a period of one year, expiring on March 31st of each year. The license fee shall be established by Council resolution and may be adjusted. Subd. 6. Collection Requirements. a. Each licensee shall provide weekly collection and removal of refuse from residences within the City and complete collection of all refuse which normally results from day to day use of the type of property, except furnishings, appliances, construction waste and similar bulky waste for which individuals shall make special arrangements. b. Each licensee shall provide curbside recycling to each residential property within the City on at least a biweekly basis. The licensee shall provide monthly pick-ups of at least four broad types (plastics, glass bottles, metal cans and newspaper) of recyclable materials. The licensee shall also provide to the city by July 10th and January 10th of each year a report on the tonnage of recyclable materials collected. c. The licensee shall transfer the contents of the containers to their vehicle without spilling them. If any spilling occurs, he/she shall clean it immediately and completely. Vehicles shall be equipped with brooms and shovels for cleaning and spills associated with collecting or hauling garbage, recyclables or refuse. d. Collection shall be conducted in such a manner as to not create a nuisance. e. Collection in residential zones shall be between the hours of 7:00 A.M. and 6:00 P.M. No collection whatsoever shall be permitted in residential districts on Sundays. Violation of these collection conditions shall constitute a misdemeanor. f. Upon each collection the containers shall be completely empty and replaced with lids in place. Page Four g. Whenever a container is in poor repair, or otherwise defective so as to permit insects, vermin or rodents to enter, it shall be replaced. Notice shall be given to the owner of the defective container which shall state the deficiency and require repair or replacement on or before the next collection date. If the deficiency is not corrected a tag shall be affixed stating such condemnation. It is unlawful for any person to place or deposit refuse in a condemned container. h. Vehicles used by the licensee to collect or transport garbage over any City street shall have a fully enclosed metal body which is tightly sealed and properly maintained, and operated to prevent offensive odors escaping therefrom, and solids or liquids from leaking, spilling, dropping, or blowing from the vehicle. Vehicles used to transport recyclables or refuse over City streets shall completely contain said recyclables or refuse in a tightly sealed unit, to prevent the recyclables or refuse from leaking, spilling, dropping, or blowing from the vehicle. Subd. 5. Revocation of license. Any license issued hereunder may be revoked or suspended by the City Council if false statements have been made in the application therefor and may be revoked upon failure of a licensee to comply with the requirements of the ordinances of the City of Andover. SECTION 5. ENFORCEMENT. The City Administrator or his authorized representatives shall have the primary responsibility for the enforcement of the provisions of this Ordinance. The City Health Inspector shall assist in the enforcement of the provisions of this Ordinance and when requested by the City Administrator shall make inspections or investigations as is necessary to determine whether an immediate health hazard exists as a result of a violation of this Ordinance. The findings of the City Health Inspector shall be reported to the City Administrator. The City Health Inspector may enter upon any land without the consent of the owner and without being subject to any action of trespass, provided, however, that should entry into an enclosed building be necessary to perform his/her duty, the Health Inspector, prior to entry, shall obtain the consent of the owner, occupant, or person in control of such premises to enter the building. If permission cannot be obtained, the Inspector shall obtain a warrant to enter the building. The City Administrator, City Health Inspector and their representatives shall carry and produce at the request of any owner, occupant, or person in control of the premises upon which such officials request access in the performance of their duties under this Ordinance, identification in a form approved by the City Council. Page Five Section 6. IMMEDIATE HEALTH HAZARDS - ABATEMENT BY CITY. Should the City Administrator or his authorized representatives determine that a violation of the provisions of Section 3 of this Ordinance exists on any premises, the City Health Inspector upon receiving a report describing such violation shall make an immediate inspection or investigation of the premises to determine whether the violation presents an immediate hazard to the health or safety of any person. If a violation is determined to exist by the City Health Inspector he/she shall prepare a written notice of the violation. The notice shall contain the following information: a. The street address of the premises where the violation exists. b. The name of the owner(s) of the premises as shown on the records of the Anoka County Auditor or Treasurer. c. An itemized list of the conditions which constitute the violation. d. A statement of the actions necessary to remedy the violation. e. The date and time by which such violation must be corrected. Such period for correcting the violation shall be not less than two hours nor more than two days from the time such notice is posted as provided in this Section. The notice shall also state that if the violation is not remedied within the period stated, the City will take actions necessary to remedy the violation as set forth in the notice. The owner, occupant, or person in control of the premises, or any and all of them, will be billed for the actual cost incurred by the City, including the costs of inspection. The notice of violation shall be immediately posted on the premises where the violation is located. A copy of the notice shall be mailed certified with return receipt requested to the owner and the occupant or person in control of the premises. If the return receipt is not returned the posting of the notice on the premises is sufficient grounds for the City to remedy the violation and charge the costs thereof to the owner, occupant, or person in control of the premises. Page Six If the violation has not been remedied within the period specified on the notice, the City Health Inspector or his authorized representative shall arrange for immediate disposal of the conditions creating the hazard. An itemized statement of the disposal costs shall be prepared by the Health Inspector and forwarded to the City Clerk. The City Clerk shall bill the owner, occupant and or person in control of such premises or any of them for such costs. If such costs are not paid within thirty (30) days the City Clerk will certify such costs to the County Auditor as an assessment against the property pursuant to Minnesota Statutes 443.31 and 443.29. SECTION 7. MISDEMEANOR Any person, firm, or corporation who violates any of the provisions of this Ordinance is guilty of a misdemeanor, and each day in which such person continues to violate the provisions of this shall constitute a separate offense. SECTION 8. VALIDITY AND EFFECTIVE DATE. This Ordinance shall be effective from and after its passage and publication according to law. Adopted this 15th day of December, 1992, by the City Council of the City of Andover. ATTEST: Vi~VO~ity Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 102 B AN ORDINANCE REGULATING THE STORAGE, COLLECTION AND TRANSPORTATION OF GARBAGE, RECYCLABLES AND REFUSE WITHIN THE CITY OF ANDOVER. The City of Andover does ordain that Section 3 of Ordinance 102 shall be amended as follows (underlined words are added, striken words will be deleted): Section 3. General Regulations Subd. 2.b. Composting. Compostilll! shall be allowed only on properties where there is a sinl.?:le family detached dwellinl.?: or propertv operated by the Citv as an essential service. Composting is permitted on private property if all of the following conditions are met: 1. Only organic materials, yard wastes and easily biodegradable,non poisonous garbage may be composted. 2. Composting shall be placed in a container or pile not to exceed fifty (50) square feet in are and shall not exceed three (3) feet in height. 3. The compost piles or container(s) shall be located in the rear yard at least five (5) feet from any property line or twenty (20) feet to a side lot line if adjacent to any public street right-of-way. If a rear yard location is unavailable or impractical, the compost materials may be placed in another location approved by the City Administrator or authorized designee. 4. All compost piles and containers shall be fully screened so as not to be visible from adjacent properties and public right-of-ways. 5. Compost containers and compost materials shall be maintained so as not to create odors, rodent harborage, fire hazard and other nuisances. Adopted by the City Council of the City of Andover this 5th day of August, 2002. Attest: CITY OF ANDOVER Z~A!'cz1~ chael R. Gamache - Mayor ,~I1~ Victoria V olk - City Clerk