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HomeMy WebLinkAboutOrdinance 1231ORDZITANCE NO. 1231 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1181, ANBlqDING ORDINANCE NO. 853, CITY CODE OF ~977v PERTAINING TO 8OLID W~BTE The City of Columbia Heights does ordain: Section 1: Chapter 8 Article III: Section 1: 8. 301 (1) 8.301 (2) Chapter 8, Article III Section 1 of Ordinance No. 1181, passed March 27, 1989, which currently reads as follows, to wit: Public Health and Safety Garbage and Rubbish and Recyclable Material Storage Containers Every person who owns or occupies property within the City for business, commercial, industrial or residential purposes shall dispose of all garbage, rubbish and recyclable material as defined herein, which may accumulate upon such property at least once a week. For purposes of this code: (a) "Garbage" shall be defined as organic refuse resulting from the preparation of food and decayed and spoiled food from any source. (b) "Rubbish" shall refer to all inorganic refuse matter such as tim cans, glass, paper, ashes, etc. (c) "Recyclable Materials" shall mean all items of refuse designated by the City Manager to be a part of an authorized recycling program and which are intended for transportation, processing and remanufacturing or reuse. Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish and garbage shall provide for the storage of such matter between periods of collection, one or more fly-tight metal or thermoplastic garbage containers of up to thirty- two (32) gallon or seventy-five (75) pound (3) 8.301 (4) capacity. The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermin infestation and shall be provided with handles for ease of lifting. One authorized thermoplastic recycling container for the collection and storage of recyclable material shall be distributed to each unit in residential buildings of eleven (11) or fewer units. The authorized recycling container is the property of the City. No person, firm or corporation, unless authorized by the City Manager, may remove a recycling container from the premises on which the unit is located. Notwithstanding the provisions of 8.301 (2), persons responsible under this section for the disposal of rubbish or garbage at all apartment structures containing three (3) or more units, and at each commercial and industrial establishment, or restaurant necessitating the storage and disposal of garbage and rubbish, shall utilize a vat service in lieu of the above requirements. Such vats shall be designed with the proper attachments for lifting onto refuse trucks. Ail accumulations of garbage and rubbish must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) Leaves, grass or rubbish in water-proof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.) in weight; (c) bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e) small household items including small appliances, tools, and articles of furniture weighing less than thirty-five pounds (35 lbs.); and 2 3Ol 3ol (6) s.301 (7) (f) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; shall be placed on pick-up day next to the garbage cans where alley pick-up is available or at the curb line in areas where no alleys exist. Where alleys are platted and open for traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided, however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible to the front of the house. All authorized City recycling containers shall be paced at the curb line on pick-up day regardless of existing alleys. Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located immediately adjacent to the buildings which the containers serve. The location of the containers shall be in such proximity to the property that their appearance will not be evident from the street. (a) Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. (b) Where it is physically impossible to place the containers behind the rear line of the main building, the containers shall be placed as inconspicuously as possible along the side or front of the building with appropriate screening or in such place as the Council may require. The presence of any garbage or rubbish on any property other than within a structure permittad by the Zoning Code within the City or in any container other than a container authorized by this section or in the presence of containers not conforming with the requirements of this section, except as specifically authorized by this section, shall constitute a public nuisance under this section and shall constitute an offense punishable under Section 8.301 (9). 8.301 (8) Every household and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes within the City must use the garbage and rubbish collection service as is made available by contract by the City of Columbia Meights and its designated garbage and rubbish hauler. 8. 301 (9) Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Seven Hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. is herewith amended to read as follows: Chapter 8 Public Health and Safety Article III Garbage, Rubbish and Recyclable Material Section 1: Storage Containers 8.301 Every person who owns or occupies property within the City for business, commercial, industrial or residential purposes shall dispose of all garbage, rubbish and recyclable material as defined herein, which may accumulate upon such property at least once a week. Yard waste as defined herein, which may accumulate upon such property shall be disposed of at least once a week during the yard waste season as determined by the City Manager. This provision does not apply to composting permitted by section 8.30 (6). For purposes of this code: (a) "Garbage" shall be defined as organic refuse resulting from the preparation of food and decayed and spoiled food from any source. 4 (b) "Rubbish" shall refer to all inorganic refuse matter such as tim cans, glass, paper, ashes, etc. (c) (d) "Recyclable Materials" shall mean all items of refuse designated by the City Manager to be a part of an authorized recycling program and which are intended for transportation, processing and remanufacturing or reuse. "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waste, and soft bodied green herbaceous material under one inch (1") in diameter. (e) "Composting" shall mean any above ground microbial process that converts yard waste to organic soil amendment or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. (f) "Sheet Composting" shall mean the spreading, incorporation or application of raw or composted yard waste onto land. 8.301 (2) Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish and garbage shall provide for the storage of such matter between periods of collection, one or more fly-tight metal or thermoplastic garbage containers of up to thirty- two (32) gallon or seventy-five (75) pound capacity. The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermin infestation and shall be provided with handles for ease of lifting. Containers for the storage of garbage and rubbish shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken or otherwise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. Disposal of yard waste shall be from plastic or paper biodegradable bags no larger than thirty- five (35) gallon garbage can liner size not exceeding thirty-five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly- right metal or thermoplastic container which is 5 s.301 (3) 8. 301 (4) clearly identified as containing yard waste and weighing no more than seventy-five pounds (75 lbs.). Containers for the storage of yard waste shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken or otherwise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. One authorized thermoplastic recycling container for the collection and storage of recyclable material shall be distributed to each unit in residential buildings of eleven (11) or fewer units. The authorized recycling container is the property of the City. No person, firm or corporation, unless authorized by the City Manager, may remove a recycling container from the premises on which the unit is located. Notwithstanding the provisions of 8.301 (2), persons responsible under this section for the disposal of rubbish or garbage at all apartment structures containing three (3) or more units, and at each commercial and industrial establishment, or restaurant necessitating the storage and disposal of garbage and rubbish, shall utilize a vat service in lieu of the above requirements. Such vats shall be designed with the proper attachments for lifting onto refuse trucks. Ail accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) Leaves, grass or rubbish in water-proof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.) in weight; (c) bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); 8. 301 (5) (d) Christmas trees up to six feet (6') in length (during January); (e) small household items including small appliances, tools, and articles of furniture weighing less than thirty-five pounds (35 lbs.) (f) Yard waste in plastic or paper biodegradable bags (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly-right metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs.) with handles; and (g) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; shall be placed on pick-up day next to the garbage cans where alley pick-up is available or at the curb line in areas where no alleys exist. Where alleys are platted and open for traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided, however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. Garbage cans must be removed from your curb line within twenty-four (24) hours after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. All authorized yard waste containers shall be placed on the alley line, where alleys are platted and open, separated from garbage and refuse, or at the curb line in areas where no alleys exist. All authorized City recycling containers shall be paced at the curb line on pick-up day regardless of existing alleys. 7 8. 301 (6) Composting is prohibited for any owner or occupant of property within the City for business, commercial, industrial or residential purposes, except as hereinafter provided: (a) Composting shall be established in such a manner so as not to create an odor or other condition that is a nuisance; (b) Composting may consist only of yard waste, wood ash, and sawdust generated from the site on which the composting is located; (c) Composting must be in a back yard and must be five (5) feet from any side or rear yard lot line and no closer than twenty (20) feet to any habitable building, other than the resident's own home, or less than two (2) feet from the alley if any alley exists; (d) Composting shall be conducted within an enclosed container(s) not to exceed a total of one hundred (100) cubic feet in volume for city lots less than ten thousand (10,000) square feet, and five (5) feet high, the container(s) shall be of a durable material such as wood, block, or sturdy metal fencing material; (e) Sheet composting shall cover no more than .025 of the total lot area, and in no case exceed 500 square feet, must be in a back yard, and must be five (5) feet from any side or rear yard lot line. Sheet composting must be incorporated directly into the soil; and (f) None of the following materials shall be placed in the composting container(s): meat, bones, fat, oils, dairy products and other kitchen wastes, whole branches or logs, plastics, synthetic fibers, human or pet wastes or diseased plants. 8.301 (7) Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located immediately adjacent to the buildings which the containers serve. The location of the containers shall be in such proximity to the property that their appearance will not be evident from the street. 8. 301 (8) 8. 301 (9) 8.301 (a) Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. (b) Where it is physically impossible to place the containers behind the rear line of the main building, the containers shall be placed as inconspicuously as possible along the side or front of the building with appropriate screening or in such place as the Council may require. Major appliances are managed as a separate waste stream under Minnesota Statute 115A.9561. Major appliances are defined as: clothes washers and dryers, dishwashers, hot water heaters, garbage disposals, trash compactors, conventional ovens, ranges and stores, air conditioners, refrigerators, freezers, humidifiers, dehumidifiers and any other appliances specified in Minnesota Waste Management Act amendments. The City will establish a collection and disposal program for major appliances. Every household and every occupant or owner of any dwelling, house, boarding house, apartment buildings, or other structure utilized for dwelling purposes within the City of Columbia Heights must use the major appliance program made available by contract by the City of Columbia Heights. The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than a container authorized by this section or in the presence of containers not conforming with the requirements of this section, except as specifically authorized by this section, shall constitute a public nuisance under this section and shall constitute an offense punishable under Section 8.301 (9). Every household and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes within the City must use the garbage and rubbish collection service as is made available by contract by the City of Columbia Heights and its designated garbage and rubbish hauler. 9 8.301 Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Seven Hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Se~&~ber September ~, 1~1 Offered by: Ruett;mann Seconded by: Peter son Roll Call: All ayes -An~e Student, ~ouncil Secretary Edward Carlson, Mayor 10