City Council Ordinance 694ri 10 1 �L', I
ORDINANCE AMENDINT TITLE 7, CHAPTER 6 — GARBAGE, REFUSE, AND
RECYCLING
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS AS FOLLOWS:
1. Section 1: Title 7, Chapter 6, is hereby amended to read as follows:
7-6-1: DEFINITIONS: For the purpose of this chapter, certain words and terms are defined
as follows:
Compostable Bae: The term Ocomnostable bat"" shall can either a J)aDer
gr plastic bat that meets the American Societv for Testing Materials Standard
Specification for Compostable Plastics (D6400).
Enforcement Officer: The term "enforcement officer" shall mean any
inspector or any other representative duly appointed by the Council.
Garbage: The word "garbage" shall mean all animal and vegetable waste and
all putrescible matter.
Private Dump: The term "private dump" shall mean all parcels of land on
which nonputrescible refuse is accepted for deposit or permitted to be deposited
regardless of whether a charge is made therefore.
Recycling: The process of collecting and preparing recyclable materials and
reusing the materials in their original form or using them in manufacturing processes
that do not cause the destruction of recyclable materials in a manner that precludes
further use.
Refuse: The word "refuse" shall mean all waste substances, including
garbage.
Sanitary Landfill: The term "sanitary landfill" shall mean a type of operation
in which refuse is deposited by plan on a specified portion of open land, is compacted
by forces applied by mechanical equipment, and then is covered by a layer of earth,
ashes, or suitable covering material to a depth of at least two feet (T).
Yard Waste: The term I'vard waste" shall mean anv leaves and gLass
clipuin2s.
COMPOST FACILITIES:
(A)
Onvard waste and cole ba2s, as specificaltv identified on the ba2 as
ASTM 6400, mav be accepted at the compost facilitv.
(B) All residents who ba2 their leaves for curbside pickup are :`Liv. ,•a1 to use
Romoostable ba2s (identified on the ba2 as ASTM 6400).
7-6-78: OFFICER RESPONSIBLE: The officer responsible for the enforcement of the
MONTICELLO CITY ORDINANCE TITLE VII, CHAPTER 6, PAGE I
provisions of this chapter shall be appointed by the Council. He shall provide
adequate and frequent inspections of the sanitary landfill sites and to this end shall be
authorized to call upon the Planning Commission for assistance in making inspections.
He shall notify any permit holder who is violating the provisions of this chapter of the
specific mam-ier in which the chapter is being violated. Unless said violation is
corrected within twenty-four (24) hours after notice in writing to the permit holder by
the inspector, the inspector shall notify the Council of any violation of the provisions
of this chapter that the Council may, after a public hearing to which the violator shall
have been invited, suspend or revoke any permit for noncompliance or violation of
any of the provisions of this chapter or when satisfied that the landfill or dump
constitutes a real menace and nuisance to the health, safety, and welfare of the
immediate residents in the neighborhood in which it is located. In the event the permit
bolder refuses to correct the violation within twenty-four (24) hours after notice in
writing by the inspector, the inspector may, if he deems it necessary in the interest of
public health, enter upon the premises of the dump or landfill and, either with the
equipment and by employees of the license holder, or with the City -owned or leased
equipment and City employees, do such work as is necessary to correct any condition
violative of this chapter, and which in his opinion if left uncorrected may be hazardous
to the public health. The cost to the City of correcting such condition in privately
owned dumps or landfills shall be assessed against the permit holder who shall be
required to pay all the costs and expenses of the City in correcting said conditions.
7-6-89: REVOCATION: Any permit or license granted hereunder may be revoked or
suspended at any time for any failure to pay the license fee or the cost of correcting
hazardous conditions as hereinbefore set forth or whenever, in the opinion of the
inspector, the continuance of the landfill or other means of final disposal of refuse
would endanger the health, welfare, or safety of the public, provided that no such
permit or license shall be revoked or suspended except for to pay the fee, or the cost of
correcting hazardous conditions as herein provided except after public hearing before
the Council after the notice of said hearing, and the purpose thereof shall have been
sent to the permit holder at least ten (10) days prior to the date of said hearing, at
which hearing any person interested in said landfill shall have the right to be heard.
7-6-910: GARBAGE/REFUSE/RECYCLING SERVICES
(A) SERVICE RATES: The City operates an organized garbage collection and
disposal program for all residential properties within the city of Monticello
under the authority of Minnesota State Statute 443. The City hereby
establishes a per unit service charge for garbage/refuse/recycling collection and
related services for each residential property unit that is individually served.
I A service charge for garbage/refuse/recycling collection, disposal, and
container rental provided to residential units within the city shall be
billed at the rates as established by City Council.
2. Recycling services are provided for all residential units in the city of
Monticello as per the City's requirernents under the City of Monticello
Recycling Plan approved and adopted by the City Council on February
13, 1989, including any amendments thereto.
3. Garbage/refuse/recycling bills shall be payable monthly with the utility
MONTICELLO CITY ORDfNANCE TITLE VII, CHAPTER 6, PAGE 2
bill by the date specified on the bill. Mobile home parks shall be billed
in aggregate to the owner of the mobile home park. For other clustered
individually served residential units such as townhomes, the city has
the discretion to bill either a home owner association in aggregate or
each homeowner. Monthly charges apply to temporarily vacated
property. The charge is for service rendered in the month of the bill.
Penalties will be assessed on delinquent garbage/refuse/recycling
charges at the same rate as other -utility charges.
1. All charges for garbage/refuse/recycling service shall be due by the due
date stated on the utility bill. Any bill not paid by the due date shall be
deemed delinquent. Thereafter, the delinquent garbage/refuse/recycling
service charge shall be certified to the City Clerk who shall prepare an
assessment roll each year providing for assessment of the delinquent
amounts against the properties involved. The assessment roll shall be
delivered to the City Council for adoption before October 30 of each
year. Upon such adoption, the City Clerk, shall certify the assessment
roll to the County Audition for collection along with taxes.
2. The City reserves the right to discontinue service to any customer for
nonpayment of charges or bills whose account is more than 90 days
past due. Such discontinuance of service shall not be made without
written notice. If service is disconnected, it shall not be resumed
except upon payment of the charges or bills accrued together with
interest and penalty thereon.
(C) REVISION OF GARBAGE/REFUSE/RECYCLING RATES AND
RECYCLING PLAN: The City Council reserves the right to adjust the rates
charged from time to time and to amend the City's garbage/refuse/recycling
policy.
(#195, 8/27/90)
(#214, 10/28/91)
(#317, 9/28/98)
(#520, 9/13/10)
(#688, 12/11/17)
7-6-4-011: OWNERSHIP OF RECYCLABLE MATERIALS SET OUT FOR CURB -SIDE
COLLECTION: The intent of this article is to prevent the unauthorized collection of
materials that are designated as recyclables and set out as part of the City of
Monticello's curb -side recycling program. The theft of these materials will deprive the
contractor of their market value and forces overall costs to go up. These costs will
eventually be passed on to the citizens of the city of Monticello. The City will also be
deprived of credit for recycling tonnage reported to Wright County and the State of
Minnesota.
(A) For the purposes of this article, the following words and phrases will have the
meanings respectively ascribed to them:
MONTICELLO CITY ORDINANCE TITLE VII, CHAPTER 6, PAGE 3
Contractor: Any person/finn that has entered into a written contract
with the City of Monticello for the collection of garbage, rubbish, recyclables,
and yard waste.
Curb -Side Recycling Program: The organized collection of items
designated as recyclable by the contractor in accordance with the City of
Monticello's plan.
Items Designated as Recyclable: Items agreed upon by the City and
the contractor to be collected in the curb -side recycling program.
Set Out for Collection: The placing of materials designated as
recyclables by the residents of Monticello at curb side for collection by the
contractor.
Unauthorized Collection (Scavenging): The collection by any
person(s) other than the contractor or his authorized representative of materials
that are designated as recyclables and set out for collection by the residents.
1. The materials designated as recyclable shall be the sole property of the
City of Monticello from the time of set out for collection by the
resident or when placed in the designated containers in the case of
multiple units until collection by the contractor. At the time of
collection, items designated as recyclable shall become the sole
property of the contractor.
2. The designation of recyclables shall be accomplished by mutual
agreement between the City of Monticello and the contractor.
It shall be unlawful for any person(s) other than the authorized
contractor or his representative to collect any items that are designated
as recyclables and set out for collection as part of the City of
Monticello's curb -side recycling program. Any person violating any
provision of this ordinance is guilty of a misdemeanor and upon
conviction shall be punished not more than the maximum penalty for a
misdemeanor as prescribed by state law.
Section 2; This ordinance shall take effect upon its passage and publication.
Adopted by the Monticello City Council this 12111 day of March, 2018.
MONTICELLO CITY ORDINANCE TITLE VII, CHAPTER 6, PAGE 4
Brian Stumpf, Mayor
Jeff O'?',/ei19 'C/ity Administrator
Voting in Favor: Davidson, Fair, Gabler, Hilgart, and Stumpf
Voting in Opposition: None.
MONTICELLO CITY ORDINANCE TITLE VII, CHAPTER 6, PAGE 5