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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