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HomeMy WebLinkAboutOrdinance No. 1578ORDINANCE NO.1578 BEING AN ORDINANCE AMENDING ORDINANCE 1490, CITY CODE OF 2005, RELATING TO THE REFUSE AND RECYCLING SECTION: CHAPTERS 4, 5, AND 8 The City of Columbia Heights does ordain: Chapter 4 -Municipal Services of the City Code shall include: CHAPTER 4: MUNICIPAL SERVICES -Article VII. Refuse and Recycling Services 4.701 General Operations, § 4.702 Definitions, § 4.703 Garbage General Requirements, § 4.704 Recycling General Requirements, § 4.705 Other Refuse General Requirements, and § 4.706 Refuse Service Rates and Rules. Entire Article is new. § 4.701 GENERAL OPERATIONS A. 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 Service Provider. The City reserves the discretion to add other entities (Nan-municipal) as agreed to by Council resolution. E. The Service Provider shall collect refuse, recycling, yardwaste/brush, white goods, electronics, and all other permissible household refuse at designated collection points as permitted by section 8.301 (E}. C. Ail collection service shall. be conducted Monday through Friday. When holidays fall on a weekday, the collection shall be made within the next day. D. Whenever a residence notifies the Service Provider of locations which have not received scheduled service, the Service Provider is required io service such locations before 6:'u'0 p.m. of the same day when notified prior to noon. When notified after noon, the Service Provider shall service such locations not Later than noon of the following day, excluding Sundays. E. Residents who are elderly or physically disabled and are unable to place their containers at the designated location, may request "walk-up" service from the Service Provider, whereby the driver will service those containers from the house access that is nearest the designated collection point. F. The Service Provider shall direct all requests for service level changes to the City. The size and numbers of containers shall be selected by the resident/owner (through the City), who may change their level of service monthly at no additional charge. Official changes will be made through the City and the Service Provider will be notified. The Service Provider may remove containers from properties when the City discontinues service to a residence. G. All refuse and recycling materials placed for collection shall be owned by and be the responsibility of the occupants of the residential properties until collection by the Service Provider. Upon collection of the refuse materials by the Service Provider, the solid waste becomes the property and responsibility of the Service Provider. AlI Garbage and Refuse shall be transported to, weighed-in at, and disposed of at a solid waste facility that is approved by the City. H. The Service Provider customer service office shall be staffed from at Least 7:00 a.m. to 4:30 p.m., Monday through Friday (except holidays). § 4.702 DEFINITIONS A. Residence shall mean all single-family dwellings, double bungalows/duplexes, apartments, town homes, condominiums and other living quarters. B. Multi-dwelling properties mean any residence with more than four separate living quarters including, but not limited to, apartments. C. Garbage shall mean organic (non-hazardous) waste resulting from any source. D. Rubbish shall mean all inorganic (non-hazardous) refuse matter that accumulates in the ordinary operation of a household including but not limited to stone, sod, earth, concrete, and building materials resulting from remodeling a residence on the property at which these materials have been placed, along with mattresses, chairs, couches, tables, and other such items of furniture. E. Recyclable Materials shall mean newsprint, glass bottles and jars, aluminum, steel and tin cans, cardboard, plastic beverage bottles, mix paper, phone books, magazines, and any other materials as required by the City and agreed to by the Service Provider. F. hard waste shall mean garden waste, leaves, lawn cuttings, weeds, and brush. G. Brush shall mean branches, trees and shrubs of less than four (4) inches in diameter. H. Receptacle, unless specifically provided otherwise, whether referred to as `cart,' `garbage can,' `plastic bag,' `suitable container,' `cans,' or `containers,' shall be of such size and form as to permit Collection and handling by one person. A single cart shall not exceed 100 gallons. Container capacities are defined as Large (90-100 gallon}, Medium (60-70 gallon), or small (30-40 gallon}. I. Tipping Fee shall mean the charge per tan assessed to the Service Provider by the City approved solid waste disposal facility for disposing Refuse and Garbage. Tipping Fee excludes any taxes and/or surcharges. J. Electronics shall mean televisions, stereos, VCR's, DVD players, computers, computer monitors, and any other similar device so defined by the State of Minnesota. Ike White Goods shall mean household appliances including but not limited to clothes washers aiid dryers, dsirwasiiers, water iieaiers, gai'rsage disposals, ti'asli coiipactoi's, coiiveiitioiial and microwave ovens, ranges and staves, air conditioners, dehumidifiers, refrigerators, and freezers. L,. Refuse shall mean garbage, rubbish, yard waste, brush, electronics, and white goods, and recyclable materials if discarded in the non-recycling container by the residence. M. Full service means collection of large household items such as, furniture, extra garbage, and rubbish that does not fit into the provided container (although still limited to three garbage truck hopper loads) as part of the regular service charge. N. Limited Service means additional fee-based service for the collection of household items, furniture, extra garbage, and rubbish that does not fit into the provided container and is not part of the regular service charge. d. Livingquarter means single family home and each separate rental unit of amulti-dwelling property. § 4.703 GARBAGE GENERAL REQUIREMENTS A. Each residence shall have its refuse and all other permissible items collected a minimum of once each week. B. The Service Provider shall provide each residence with a garbage container (wheeled carts with attached lids) or dumpsters that meet federal standards and have fly-tight lids. Except as otherwise set forth herein, all containers furnished by Service Provider, shall while in the possession and control. of the residences and multiple dwelling units, remain the property of Service Provider. Residents and multiple dwelling units shall use the containers only for the purposes for which 3t is intended herein and shall not make any alterations to the containers. Residents and multiple dwelling units shall be responsible for loss or damage to the containers in excess of ordinary wear and tear. In the event a resident requests more than one container or a replacement container due to theft or damage beyond ordinary wear and tear, Service Provider shall provide additional containers and charge the Resident or Multiple dwelling unit directly far the cost of the container and delivery thereof C. Full Service Collection for non-multiple dwelling properties, shall consist of one large or one medium capacity garbage container with full service sticker, provided by the Service Provider. Service Provider shall only collect up to 250 gallons (3 -large gallon carts) or 1.5 cubic yards of extra material outside a residence cart. Collection of materials in excess of this amount can be provided by the Service Provider at an additional cost to the resident. Additional Fu11 Service Collection includes: l . Christmas tree collection during the first two weeks of January, per living quarter unit. 2. Additional amounts of non-garbage household rubbish (within the limits described above}, such as stone, sod, earth, concrete, and building materials resulting from remodeling of the residence on the property at which these materials have been placed. where practicable, such items will be bagged, boxed, or bundled. 3. Carpeting, carpet padding, mattresses, chairs, couches, tables, and other such items of furniture. These items must have come from the property where placed far collection. 4. One white good item each calendar year for each living quarter unit at no charge (tracked by the Service Provider}. I3. Limited service will consist of one medium capacity container, as provided by the Service Provider. All materials subject to collection shall be fully contained in the designated container with closed lids. Collection of materials outside of the provided container can be provided by the Service Provider at an additional cost to the resident. Additional Limited service includes, Christmas trees and white goods collection as described in C- 1 & 4 above. E. Low-volume collection service shall consist of one small capacity garbage container, as provided by the Service Provider. All materials subject to collection shall be fully contained in the designated container with closed lids. Collection of materials outside of the provided container can be provided by the Service Provider at an additional cost to the resident. Additional Law-volume service includes, Christmas trees and white goods collection as described in C- 1 & 4 above. F. Multiple dwelling properties. Service Provider shall provide each multiple dwelling with at least one standard dumpster (1 cubic yard capacity) or equivalent number of large containers and collections, a minimum of once/week. Multiple dwelling properties may nat have extra garbage or rubbish outside of the provided container, except for large household items such as furniture items, carpet, padding, and mattresses. Property owner/manager must call the Service Provider in advance of collection. Collection of materials outside of the provided container (other than previously noted} can be provided by the Service Pravider at an additional cost to the owner. Additional services/living quarter unit includes, Christmas trees and white goods collection as described in C- 1 & 4 above. § 4.704 RECYCLING GENERAL REQUIREMENTS A. Items designated for recycling shall be listed by the City Manager to be part of an authorized recycling program. B. Ownership of recyclable materials set out for the purpose of participating in a curbside recycling program shall remain with the person who set out the materials until removed by the authorized collector. The person who set out the material is totally responsible for their proper preparation, handling and storage. Ownership and responsibility for the proper handling of the recyclable materials shall vest in the authorized collector upon removal thereof by the collector. C. Recyclable Materials generated fram residences with single sort containers will be collected a minimum of once every other week. D. The Service Provider shall be responsible for distributing all properly labeled (with instructions) recycling containers (wheeled carts with attached lids} to the residents/property owners. All containers furnished by Service Provider, shall while in the possession and control of the residences and multiple dwelling units, remain the property of Service Provider. Residents and multiple dwelling units shall use the containers only for the purposes for which it is intended herein and shall not make any alterations to the containers. Residents and multiple dwelling units shall be responsible for loss or damage to the containers in excess of ordinary wear and tear. In the event a resident requests more than one container or a replacement container due to theft or damage beyond ordinary wear and tear, Service Provider shall provide additional containers and charge the Resident or Multiple dwelling unit directly far the cost of the container and delivery thereof. E. The Service Provider shall be responsible for collection of recyclable materials from containers at residential properties in the City. Additional recyclable materials will be collected outside of the container when bagged or boxed that meets Service Provider specified procedures. F. If the Service Provider determines a recycling container is too contaminated with non- recyclable materials, Service Provider may collect the material as refuse. The contactor will notify the resident of contamination issues and provide information for proper preparation of recycling. Collection of contaminated recycling materials can be provided by the Service Provider at an additional cast to the resident. Cr. City of Columbia Heights Recycling Center. All items collected curbside will also be collected at the recycling center with the addition of scrap metal, used oil, oil filters, and rimless tires. The Center may be utilized by area businesses and residents. Used oil, oil filters, and rimless tires may be delivered only by Columbia Heights residents for non- business purposes. Further, rimless tires are limited to four car or light truck tires per resident far every year. The City may, at the City's option, add or remove Recyclable items collected at the Drop-Off Recycling Center or discontinue the Program entirely. § 4.705 OTHER REFUSE GENERAL REQUIREMENTS A. The Service Provider shall organize residential collection of electronic devices that are banned from the solid waste stream by the State of Minnesota, Anoka County, and the City of Columbia Heights. The Service Provider shall provide each residence and multi-dwelling living quarter unit an electronics (including those items not banned} curb-side collection service weekly, although this service will be fee-based and negotiated directly between the Service Provider and the resident requesting the service. B. The Service Provider is responsible for weekly collection of yard waste and brush from non- multiple dwelling properties during the growing season (April 1 -November 30}. Yard waste and brush collected from non-multiple dwelling properties shall occur on the same collection day as refuse. C. Yard Waste collection shall be limited to only those materials placed in authorized disposable containers that meet State of Minnesota, Anoka County, and City of Columbia Heights requirements. The Service Provider shall notify residents on the specifications for Brush collection. D. Each property is authorized one white good item each calendar year, for each living quarter unit, at no charge (tracked by the Service Provider}. Additional items can be charged by the Service Provider at an additional cost to the resident. Arrangements and billings for appliance collections will be handled directly by the Service Provider. § ,4.706 REFUSE SERVICE RATES AND RULES (A} Charges. The Council shall by resolution fix ail charges and penalties for refuse and recycling service rates for dwellings and shall similarly fix the rates by which such charges shall be computed. All such utility bills may be collected as provided for refuse billing by division (C} of this section. (B} Owner liability for charges. In billing refuse service the rates shall be applied by container size and service level. The property owner shall be liable for refuse and recycling service to the property owner's property, whether the owner is occupying the property or not, and any charges unpaid shall be a lien upon the property. (C) Statements; delinquent bills, stop-service for non payment; resumption of services. (I) Accounting. The administration services of the city shall provide for a method of periodic accounting and recording of refuse service Level at each location throughout the city. Bills shall then be calculated to include penalty and extra service charges; minimum charges for availability of refuse services, regardless of usage; and other charges as necessary and appropriate for revenue for the maintenance and operation of the city refuse budgets. (2} Statements. The administrative service shall mail said utility bills to the owner at the address listed for each specified location or to such address as the owner of record may request in writing. (3) Due date. Utility bills are due and payable on the tenth day of the month following the date of the postmark. Any bill not paid by the close of business on the tenth day of the month following its mailing is delinquent, at which time a charge established by the City Council shall be added to the billing. Partial payments shall be considered as payment towards most dated amounts billed. (4} Delinquent bills. The administrative service shall ascertain all utility bills that are delinquent after the tenth day of the month and mail notice of such delinquency to the occupant of the Iocatian by the twentieth day of the same month. if such bill remains unpaid at the last day of the month in which the delinquency notice was sent, the administrative service shall send a second written notice of such delinquency. Said notice shall include a statement that refuse service will be discontinued unless full payment is received by the tenth day of the month following the month in which the first delinquency notice was mailed. Before the refuse and recycling service will ~e coniinued, the entire account, including any current charges must r}e paid along with and including the charge established by the Council far penalties. Refuse service will only be provided during regular working hours. if utility bills are not paid, the bills may be levied against the property owner prior to continuing refuse service, and proof of levy payment must be provided to the administrative service prior to said service being turned back on. (5) Shz~t-off for non payment. Refuse and recycling service inay be discontinued at any time thereafter, subject to the following exceptions: Service may not be discontinued in this manner for: (a) Any tenant, lessee, or individual occupant of a multiple dwelling or commercial building which does not have a separate utility bill for each separate tenant, lessee, or occupant unit. (b) Any person who has filed with the Finance Director a written protest of the amount billed, either in whole or in part, together with the reasons or basis for such protest. (6) Shitt-off for non payment under subdivision (C)(S)(a). (a) Refuse and recycling service may be discontinued under circumstances described in subdivision (C}(5}(a} by providing 30 days` written "Final Notice" to each individual tenant, lessee or occupant. (b) Upon expiration of 25 days of said 30-day period, additional written notice shall be provided to each individual tenant, lessee, or occupant indicating whether the delinquent utility bills remain unpaid. (7) Shut-off for ~zon payment under subdivision (C)(S)(b). Under circumstances described in subdivision (C}(5)(b), the administrative service shall investigate the basis for the protest and issue a report of its findings to the aggrieved party. When so warranted by the results of the investigation, refuse and recycling service may thereafter be terminated upon 24 hours' notice. (8) Certification of delingzent bills. The Council may certify unpaid and delinquent refuse bills to the County Auditor annually for collection pursuant to the provisions of M.S. § 444.075, as it may be amended from time to time. (D) Utility service bills payable at Finance Department. All bills for water and other services are payable at the office of the Finance Department during regular working hours, or as otherwise provided by said Finance Department. Chapter 5 -Commercial Licensing of the City Code shall be amended as follows: CHAPTER 5: COMMERCIAL LICENSING -Article VI. Consumer Services, Miscellaneous Businesses 5.603 GARBAGE COLLECTIONS. Paragraph (B) GARBAGE. Organic refuse resulting from the storage or preparation of food and decayed or spoiled food, anal any other organic refuse from any source. RUBBISH. Ail inorganic refuse, such as, but not limited to, metals, glass, packaging materials, and ashes. Paragraphs (E} and (F) have been removed. Chapter SA -Property Maintenance Code of the City Code shall be amended as follows: CHAPTER SA: PROPERTY MAINTENANCE CODE -Article II. Minimum Standards Q JH.LtiJ tClJtStSi~11, lif1KBE~l_r~, tCt',l~ Yl,LiiylT, A1V1J 1..V1V11'l)llilVl.a.raragrapn (t5) Disposal of Rzzbbish. Every occupant of a structure shall dispose of all rubbish. in a clean and sanitary manner as established by city code. Rubbish, garbage, recycling, yard waste, and appliances shall be placed in accordance with Chapter 8, Article III of the city code. Chapter 8 - Publie Health and Safety of the City Code shall be amended as follows: CHAPTER 8: PUBLIC HEALTH AND SAFETY. Article III. Garbage and Rubbish § 8.301 STORAGE CONTAINERS (A) (1) 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. (2) 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 division (F) of this section. (3) For purposes of this code: COMPOSTING. 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. GARBAGE. Organic refuse resulting from the preparation of food and decayed, spoiled food, and other organic refuse from any source. RECYCLABLE MATERIALS. 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. RUBBISH. All inorganic refuse matter such as metals, glass, packaging material, ashes, and the like. SHEET COMPOSTING. The spreading, incorporation or application of raw or composted yard waste onto land. YARD WASTE. Grass, clippings, leaves, weeds, garden waste, twigs and branches less than four inches in diameter. (B) (1) Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish and garbage shall use containers for the storage of such matter between periods of collection, one or more garbage containers that meet State and Federal standards. Rubbish and garbage placed into the containers shall be properly enclosed (i.e. bagged or boxed} to prevent loose trash from spilling out of the container. 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. (2} Disposal of yard waste shall be from Anoka County and State of Minnesota approved bags, or a permanent ventilated flytight metal or thermoplastic container which is clearly identified as containing yard waste. 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. (C) Notwithstanding the provisions of division (B} of this section, persons responsible under this section for the disposal of rubbish or garbage 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. (D) All accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except those Residential properties that pay for "full service" through the municipal provided refuse service, may have extra bagged garbage and rubbish outside of the container on collection day. (E) (I) Where alleys are platted and open for traffic, garbage and recycling containers shall be placed at the rear of said property adjoining the alley. Where no alley exists, containers 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 and recycling containers must be removed from the curb line within 24 hours after scheduled collection, and cannot be placed on the curb line more than 24 hours before scheduled collection. (2) All yard waste, appliances, and electronicsshall be placed at the street curb line on collection day. (F) Composting. is prohibited for any owner or occupant of property within the city for business, commercial, industrial or residential purposes, except as hereinafter provided: (l } Composting shall be established in such a manner so as not to create an odor or other condition that is a nuisance; (2) Composting may consist only of yard waste, wood ash, and sawdust generated from the site on which the composting is located; (3) Composting must be in a back yard and must be ~ feet from any side or rear yard lot line and no closer than 20 feet to any habitable building, other than the resident's own home, or less than 2 feet from the alley if any alley exists; (4) Composting shall be conducted within an enclosed container(s) not to exceed a total of 1.00 cubic feet in volume for city lots less than 10,000 square feet, and five feet high, the container(s) shall be of a durable material such as wood, block, or sturdy metal fencing material; (5) Sheet composting shall cover no more than 0.025 of the total lot area, and in no case exceed 500 square feet, must be in a back yard, and must be five feet from any side or rear yard lot line. Sheet composting must be incorporated directly into the soil; and (6) None of the following materials shall be placed in the composting containers}: meat, bones, fat, oils, dairy products and other kitchen wastes, whole branches or logs, plastics, synthetic fibers, human or pet wastes or diseased plants. (G) 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. (1) Said containers shall be screened by appropriate fencing and/or shrubbery when adjacent to or across fram residential property. (2} 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, (H) 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, excepi as specifically authorized by this section, shall constitute a public nuisance under this section and shall constitute an offense punishable under this division. (I} 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, upon conviction thereof, shall be punished as provided in ~ i.yyti. Section 2: This ordinance shall be in full force and. effect fram and after 30 days after its passage. Firsts Reading: March 22, 2010 Second Reading: April 12, 2010 Dated of Passage: April 12, 2010 Offered by: Williams Seconded by: Nawrocki Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg _ `J Patricia Musco C City Clerk -~ Mayor Gary L.