Section IV - Garbage, Rubbish & Nuisances
SECTION IV
GARBAGE, RUBBISH & NUISANCES
4.01 Definitions
4.02 Sanitation collection service required
4.03 Container required; placement
4.04 Meddling with trash receptacle prohibited
4.05 Containers to be kept sanitary and secure
4.06 Unauthorized private collections prohibited
4.07 Sanitation service: city options
4.08 Rates and charges; collection and late payment
4.09 Removal of building materials
4.10 Prohibited acts
4.11 Non-residential customers; container types; collection schedules
4.12 Manner of collection and transportation
4.13 Licensing for collection
4.14 CollectIon of leaves, trees or tree limbs
4.01 DEFINITIONS.
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARBAGE. Organic refuse resulting from the preparation of food, and decayed and spoiled food from any source.
RUBBISH. All inorganic refuse matter such as tin cans, glass, paper, ashes and the like.
4.02 SANITATION COLLECTION SERVICE REQUIRED.
Every person owning, managing, operating, leasing or renting any premises or any place where garbage or rubbish accumulates shall subscribe to a sanitation collection serVIce.
Penalty, see Section XII
4.03 CONTAINER REQUIRED; PLACEMENT.
a) All refuse and garbage placed for collection shall be placed in such
container or bag as is provided for by the city and sold to individuals residents.
4.04 MEDDLING WITH TRASH RECEPT ABLES PROHIBITED.
a) It shall be unlawful to meddle with garbage cans, trash or rubbish
receptacles or in any way pilfer, search or scatter contents of garbage cans or rubbish receptacle in or upon any street or alley within the city limits.
b) This section shall not apply to persons authorized by the city or persons
authorized by state or federal law to search or otherwise meddle with trash receptacles. Penalty, see Section XII
4.05 CONTAINERS TO BE KEPT SANITARY AND SECURE.
All containers shall be kept clean and free from accumulation of any substance remaining attached to the inside of the container which would attract or breed flies, mosquitoes, or other insects. The area surrounding garbage containers shall be maintained in a clean and sanitary condition. The contents of all receptacles shall be protected so that the wind cannot scatter the contents over the streets, alleys or other property within the city. All containers shall be securely closed in a manner as to prevent the scattering of the contents and to make them inaccessible to insects, rodents and other animals.
Penalty, see Section XII
4.06 UNAUTHORIZED PRIVATE COLLECTIONS PROHIBITED.
a) It shall be unlawful for any person to transport garbage or refuse for hire
which has been collected from any premises within the city over any public street within the city.
b) This section shall not apply to any person who at the time of the activity is
operating under a valid contract or franchise granted by the city which authorizes that person to use the public streets to conduct that activity.
Penalty, see Section XII
4.07 SANITATION SERVICE: CITY OPTIONS.
The City Council may provide for sanitation collection services within the city by use of city employees and vehicles, or it may grant licenses under the terms and conditions of Section 4.13, or it may contract with one or more contractors for the provision of these services under the terms and conditions negotiated with the contractors, except that the provisions for insurance under Section 4.13(e) shall always apply.
4.08 RATES AND CHARGES;COLLECTION AND LATE PAYMENT.
If the city collects charges for the collection, removal and disposal of garbage and trash within the city, the following provisions apply:
a) Generally. The monthly charge for the collection, removal and disposal
of garbage and trash from residences and businesses within the corporate limits of the city shall be as established by the Ordinance Establishing Fees and Charges adopted pursuant to Section II of this code, as that ordinance may be amended from time to time.
b) Collection of Charges. The charges fixed herein for the collection,
removal and disposal of all garbage and trash shall be entered in their respective amounts on the utility bill. The city may discontinue all utility services, including water, sewer and garbage and trash services, for failing to pay any assessed charges and until the charges have been paid in full under conditions and procedures detailed in division (c) of this section.
c) Disconnection for Late Payment.
1. It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The city's form for application for utility service and all bills shall contain, in addition to the title, address, room number and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
a) That all bills are due and payable on or before the date set forth on the bill;
b) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and
c) That any customer disputing the correctness of his or her bill shall have a right to a hearing at which time he or she may be represented in person and by counselor any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint.
2) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.
3) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge as established by the Ordinance Establishing Fees and Charges adopted pursuant to Section II of this code, as that ordinance may be amended from time to time.
4) Cold Weather Rule. Pursuant to M.S. Section 2l6B.097, as it may be amended from time to time, no service of a residential customer shall be disconnected if the disconnection affects the primary heat source for the residential unit when the disconnection would occur during the period between October 15 and April 15, the customer has declared inability to pay on forms provided by the city, the household income of the customer is less than 185% of the federal poverty level as documented by the customer to the city, and the customer's account is current for the billing period immediately prior to October 15 or the customer has entered into a payment schedule and is reasonably current with payments under the schedule. The City Clerk shall, between August 15 and October 15, of each year, notify all residential customers of these proVISIOns.
4.09 REMOVAL OF BUILDING MATERIALS.
Waste from building operations, rock waste, building materials or other refuse resulting from building or remodeling operations or resulting from a general cleanup of vacant or improved property shall be removed by the building contractor, owner or occupant of the building at his or her own expense. It shall be unlawful for any person to place those materials in any dumpster or other trash receptacle for disposal by the city or any agent or contractor of the city.
Penalty, see Section XII
4.10 PROHIBITED ACTS.
a) It shall be unlawful for any person to sweep, throw or deposit any garbage, trash, debris, stagnant water or dead animal into, upon or along any public property or private property of another, except as may be specifically provided by this chapter.
b) It shall be unlawful for any person owning or otherwise in control of any premises within the city to permit any of the conditions described in division (a) to exist upon property owned or controlled by him or her after having actual or constructive notice thereof.
c) It shall be unlawful for any person to place in any container any material other than as specifically provided in this chapter.
d) It shall be unlawful for any person to deposit or maintain garbage or trash except as provided for by this chapter.
e) It shall be unlawful for any person to deposit any burning match, charcoal, ember or other material in any container used for the disposal of garbage. Penalty, see Section XII
4.11 NON-RESIDENTIAL CUSTOMERS; CONTAINER TYPES; COLLECTION SCHEDULES.
a) It shall be the duty of the owner or person otherwise in charge of multi-family, institutional or industrial premises within the city to cause all garbage and trash accumulated on the premises to be placed in disposal containers, or commercial type containers. Commercial type containers may be used and may be placed at a location on the premises as arranged between the customer and the collector, but subject to review by the city at any time.
b) Disposable containers shall be placed at a location on the premises which is readily accessible to the collector.
c) The amount and character of garbage shall be considered in establishing size of commercial containers and frequency of pickup. The city shall have final authority to establish the size and frequency based on the history of amount and type of garbage generated by the customer. The collection and removal of garbage and trash from premises used for commercial, institutional or industrial purposes shall be made as often as necessary in order to maintain the premises free of accumulations. Garbage, except dry trash in contractor supplied containers, shall be collected not less than one time each week, except for roll-off containers which shall not be subject to this provision so long as they are used solely for brush and dry trash.
Penalty, see Section XII
4.12 MANNER OF COLLECTION AND TRANSPORTATION.
a) The collection, removal and disposal of all garbage, trash and brush shall be carried on in a systematic, efficient manner to keep the city in a clean and sanitary condition.
b) All vehicles used for the collection and transportation of garbage and trash shall be equipped with suitable covers which shall be used to prevent blowing or scattering of refuse while garbage and trash are being transported for disposal. Penalty, see Section XII
4.13 LICENSING FOR COLLECTION.
a) Purpose. In order to provide for a continuous system of refuse collection and disposal in a manner which meets the needs and conveniences of the residents of the city and in order to protect the area from the problems of uncoordinated, unsanitary and improper solid wast disposal, the City Council may determine that it is in the best interests of the residents of the city to require licenses of persons collecting or hauling garbage and rubbish for hire, reserving to the city the right and authority to contract with one or more operators to provide these services.
b) Licensing. No person may collect or haul garbage or rubbish within the city without first obtaining a written license from the City Council. An application for a license shall be submitted in writing to the City Clerk, and shall contain the following information:
1. Name and address of the applicant;
2. Description of the equipment which will be used within the city by the applicant.
3. A schedule of the rate that will be charged by the applicant for the various categories of customers within the city.
4. Evidence of compliance with the other applicable sections of this chapter.
c) Franchise. The City Council may exercise its reserved right to contract with one or more operators for the collection of garbage and rubbish within the city.
d) Suspension of License or Contract. A contract or license issued under the provisions of this section may be revoked or suspended for a violation of this chapter or other applicable regulations of law upon a showing that the contractor or licensee has failed to comply with that regulation.
e) Financial responsibility. The licensee or contractor shall show financial responsibility or a certificate of insurance coverage prior to obtaining the license or franchise whereby each vehicle to be used by the licensee or contractor shall be covered against loss or injury in the following amounts: $300,000 when the claim is one for death by wrongful act or omission and $300,000 to any claimant in any other case; $1,000,000 for any number of claims arising out of a single occurrence. The licensee or contractor shall hold the city harmless and agrees to defend and indemnify the city, and the city's employees and agents, for any claims, damages, losses and expenses related to the work under the license or contract. The city shall be named as an additional insured under that insurance for the services provided under the license or contract. The licensee's or contractor's insurance shall be the primary insurance for the city and the licensee or contractor shall provide a certificate of insurance on the city's approved form which verifies the existence of the insurance required, including provisions to hold the city harmless and defend and indemnify the city. The licensee or contractor shall also provide evidence of workers compensation insurance for employees. These insurance policies shall be for the full term of the license or franchise and shall provide for the giving of ten days prior notice to the city of the termination or cancellation of these policies. In case any policies are terminated or canceled, the license or contract shall be automatically revoked upon receipt by the City Clerk of the termination or cancellation.
f) Design of equipment. All trucks or motor vehicles used by the licensee or contractor shall be water tight so as not to allow the leakage of liquids or refuse while hauling the same and shall be covered with a covering to prevent the scattering of its contents upon the public streets or private properties in the city.
g) Inspections. All vehicles used for garbage or rubbish shall be made available for inspection within the city at the times and places as the City Council may designate.
h) Bond. The contractor or licensee may be required to furnish a surety bond in an amount as the City Council deems necessary running to and approved by the City Council, guaranteeing the franchisee's or licensee's faithful and continuous performance of the terms of the franchise, license or contract and of this chapter.
No person shall keep, deposit or store any debris on any premises within the City of Barrett, unless it is kept within a building and is so kept or stored therein as to prevent any danger of fire and so as not to be injurious to health and so as not to be in violation of any other ordinance or law. All debris kept, deposited or stored in violation of this chapter is hereby declared to be a nuisance.
No person shall keep, maintain or permit to be maintained unsightly property as defined herein.
Definitions.
Debris, for purposes of this ordinance, includes garbage, refuse, used or broken lumber, wreckage from buildings or other structures, used or broken or junked automobiles, trucks or dismantled parts of bodies thereof, piles of dirt of other material, and old iron and other junk material. All vehicles and trucks which have not been in operating condition for a period of 30 days or more, shall be considered debris, as well as vehicles not displaying current state license registration.
Unsightly Conditions shall include noxious weeds, rank growths of vegetation, tree branches or other materials which may pose a threat of fire or other public safety hazards.
This chapter shall not apply to garbage kept within covered metal or plastic flyproof containers which are periodically removed and disposed of at intervals not exceeding one week.
Violations.
A. Violations of this ordinance shall be reported to the local law enforcement agency. The law enforcement agency shall investigate and if it deems it appropriate, shall give notice of a violation to the person responsible for the violation. A reasonable time shall be afforded the responsible person to abate such nuisance and this time shall be stated in the notice of violation.
B. If such person fails to abate such nuisance within such time as stated in the notice, the City Council may, in addition to any other penalty provided in this chapter, cause such nuisance to be abated at the expense of the owner and occupant of such property.
C. The cost of abating such nuisance shall be a perpetual lien against the property on which the nuisance is maintained.
D. If the City Council abates such nuisance, it shall immediately send a report of the costs thereof, to the City Clerk/Treasurer. The City Clerk/Treasurer shall promptly bill the owner and occupant for the cost thereof and if payment is not promptly made, the cost thereof shall be levied as a special assessment against the property.
E. Notwithstanding anything in this section, to the contrary, in the event the owner or the occupant of the property cannot be located, no notice need be given.
Violations and Penalties.
Any person who maintains a nuisance in violation of the provisions of this chapter, or who fails to abate such nuisance when notified by the local law enforcement agency within the time stated in such notice, shall be guilty of a misdemeanor and upon conviction thereof shall be punished pursuant to the laws of the State of Minnesota.
3.14 COLLECTION OF LEAVES, TREES OR TREE LIMBS.
Nothing in this chapter shall be construed to prevent the collection for hire by other persons of leaves, trees or tree limbs.