01-00 Garbage

ORDINANCE NUMBER 01-00

GARBAGE

THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:

Section 1         DEFINITIONS.

Subd. 1            For the purpose of this Ordinance, the term “garbage” means all putrescible wastes, including animal offal and carcasses of dead animals, but excluding human excreta, sewage and other water carried wastes.

Subd. 2            For the purpose of this Ordinance, the term “other refuse” means ashes, crockery, paper boxes, rags, old clothing and all similar non-putrescible wastes; but does not include earth, sand, brick, stone, plaster or other similar substances that may accumulate as a result of construction operations.

Subd. 3            For the purpose of this Ordinance, the term “recyclables” means newspapers, glass, aluminum and steel/bi-metal beverage cans, #1 and #2 plastic and corrugated cardboard.

Section 2         DEPOSIT OF REFUSE RESTRICTED.

 Subd. 1           No person shall deposit or cause to be deposited, any garbage, other refuse or recyclables upon any street, alley, vacant lot or upon any ground appurtenant to any building or other City property, except in the manner provided by this Ordinance.  No persons, excepting duly authorized City collectors, shall transport garbage, other refuse or recyclables over any street or alley in the City or disturb, collect, or in any manner interfere with garbage, other refuse or recyclables placed in City authorized containers.

Subd. 2            Unauthorized Deposit of Solid Waste.  No person shall:

1. Deposit Solid Waste, Recyclable Materials, Demolition Debris or Yard Waste upon any public or private highway, street, road or right-of-way; deposit Solid Waste, Recyclable Materials, Demolition Debris or Yard Waste upon or within any river, creek, stream, lake, waterway or other body of water of any kind or character; or deposit Solid Waste, Recyclable Materials, Demolition Debris or Yard Waste on the property of another; or
2. Cause, maintain or permit the accumulation of Solid Waste which creates an unsanitary condition or permits or encourages the accumulation or breeding of rats, insects or other vermin; or
3. Deposit Solid Waste, Recyclable Materials, Demolition Debris or Yard Waste within the City in any manner that violates the provision of this Ordinance.

Section 3         STORAGE OF GARBAGE, OTHER REFUSE AND RECYCLABLES.

Subd. 1            Except as otherwise provided in this section, all garbage, other refuse and recyclables shall be placed and kept in those containers authorized or provided by the City, which shall be the only kind and type permitted for keeping, storage and holding of garbage, other refuse and recyclables.  All garbage, other refuse and recyclables shall be drained of liquid so far as practical.   Said City supplied containers shall be placed in those portions of the streets or alleyways, as the City may deem necessary and proper or upon private property pursuant to the agreement with the property owner.  Recyclables shall be stacked in an accessible location on the premises for pickup according to a schedule established by the City Council or disposed of at a location designated by the City.  The City of Mountain Iron’s policy for the provision, maintenance and replacement of authorized garbage containers shall be as follows:

1. The City shall provide the only authorized garbage containers to be used by its residents.
2. The City shall provide the first container, at City expense, to all of its residents at such time as the owner/occupant of the property takes up residence.
3. The City shall make minor repairs in regards to the lids, handles and wheels of the containers at City expense as may be necessary.
4. The City shall replace containers damaged beyond repair while in the possession of the property owner/occupant, at the property owner’s/occupant’s expense.
5. The cost of the replacement can will be added to the resident’s monthly fees and be subject to normal penalties and interest charges for non-payment.

Section 4         COLLECTION OF GARBAGE, OTHER REFUSE AND RECYCLABLES.

Subd. 1            The City shall provide for a method of collection of all garbage, other refuse and recyclables from the premises within the City.  Collections for garbage and other refuse shall be made at least one time each week from restaurants, hotels, and other commercial establishments, except those which in the judgment of the County Health Department would not create a health menace or other nuisance if less frequent collections were provided.  Collections for garbage and other refuse shall be made from all occupied residential premises at least once each week.  The City shall initially furnish authorized containers and shall replace said containers as may be necessary.  However, the City Council may, by Resolution, provide rules and regulations wherein the cost to replace such containers shall be paid by the owner/occupant of the residence, business or other establishment requiring the replacement. Such cost, if imposed upon the owner/occupant, shall be added to the monthly charges.

Subd. 2            All garbage, other refuse and recyclables shall be transported on the streets or alleys in the City in vehicles with leak-proof boxes of easily cleanable construction and completely covered with metal or heavy canvas.  The vehicle shall be so operated that the contents shall not spill or drip upon streets, alleys or otherwise create a nuisance. 

Subd. 3            No garbage or other refuse shall be disposed of other than at the a State approved landfill facility or through an incinerator installed or maintained by a permit from the County Health Department or through a garbage disposal or grinder.

Subd. 4            The City Refuse and Recycling Department shall not collect garbage, other refuse or recyclables from any premises within the City limits if such premises has been designated by the City Council as being impractical from which to make collections.

Subd. 5            Independent Contractors who provide garbage service to businesses within the City of Mountain Iron are hereby required to be licensed by the City of Mountain Iron and/or St. Louis County.  The license fee shall be set by Resolution of the City Council.  The license granted an Independent Contractor shall be withheld or revoked by the City Council for a transfer of ownership, substantial change in management, or a diminishing quality of service to Mountain Iron businesses. 

Section 5         DISPOSAL OF GARBAGE AND OTHER REFUSE.  The City Refuse and Recycling Department shall provide for the disposal of garbage and other refuse collected in a sanitary manner, so as not to cause a public health nuisance, the attracting of rats and flies, or other conditions detrimental to public health or comfort. Garbage must be bagged before putting it in garbage canisters to prevent garbage from blowing around when the canister is dumped.

Section 6 GARBAGE CHARGES.

Subd. 1            There is hereby imposed upon each residence, business or other establishments in the City of Mountain Iron, a monthly garbage charge in accordance with the schedule, established from time to time by Resolution of the City Council, and kept in a book of rate schedules in the office of the City Administrator.

Subd. 2            Charges shall be billed monthly to the owner of the premises on the 14th of each month, for the preceding month and shall be paid to the City of Mountain Iron on or before the fifth day of the month following the billing date.  When any charges remain unpaid after the due date, a penalty of 10% of the current bill shall be added to the delinquent amount due, for each month the unpaid balance remains.  The City of Mountain Iron by Resolution from time to time shall establish a fee to be imposed by the City for return of a customer’s refuse canister when such canister has been removed by the City because of prior delinquent sanitation bills. The customer shall be informed of the additional fee at the time when the notice is given that the canister will be removed unless the delinquent bill is paid.  If a customer’s container is picked up for delinquent sanitation bills, the customer will continue to be charged the monthly city garbage fee and the monthly County service fee.

Subd. 3            Charges in default of payment as of September first of each year may be certified by the City Council to the County Auditor and shall be collected and remitted to the City of Mountain Iron in the same manner as assessments for local improvements.  Such assessment will include the penalties provided herein.  Minnesota Statues, 1973, Chapter 443, titled Rubbish Removal as amended is hereby adopted and made a part of this Ordinance by reference as fully as it sets out at length herein and all amendments are hereby adopted.

Subd. 4            In addition to securing the approval of the County Health Department as herein provided, no person shall hereafter install an incinerator without first securing permission of the City Council, which permission may be withheld if in the opinion of the City Council, such incinerator would create an unhealthy, noxious or undesirable condition.  At the time of the granting of such permission, the City Council shall by Resolution establish a charge for each incinerator and shall after the passage of this Ordinance and keep such rates in a book of rate schedules in the office of the City Administrator.

Subd. 5            It is the intent of this Ordinance that all garbage and refuse hauling within the City of Mountain Iron be done by the City for all residents of Mountain Iron and for all commercial and industrial properties except where special circumstances warrant otherwise in the best interest of the City.  The City Council may, by Resolution, permit owners or occupants of commercial or industrial property to haul and dispose of their own garbage and other refuse, for which a license fee, set by Resolution of the City Council, will be charged; this charge being payable in advance and upon payment, a license will be issued to the applicant.  However, if a business so authorized to dispose of its own garbage and other refuse shall fail to remove its garbage and other refuse so as to maintain its premises in compliance with the requirements of the County Health Department, its license and authorization to so remove garbage and other refuse shall cease, and the City may then haul and dispose of such garbage and other refuse and make appropriate charges.

Subd. 6            Prohibited Disposal.  No person shall place or cause to be placed any rubbish, garbage, other refuse, construction materials, or anything they intend to dispose of or abandon within or next to a garbage can or dumpster or anywhere else unless they own or lease the receptacle, or have the permission of the property owner or tenant.  This does not prohibit the placement of recyclables within the approved recycling center.

Section 7  PENALTIES.

Penalties for Violation.  Any person who fails to comply with, or violates, any of the provisions of this Ordinance may be charged with a violation thereof and, upon conviction, may be sentenced to payment of a fine not to exceed $700 and/or imprisonment for not more than 90 days.  A separate offense shall occur for each day on which a violation occurs or continues.

Section 8 REPEAL.   Chapter 57 of the Mountain Iron City Code and all Ordinances or Sections thereof inconsistent with this Ordinance are hereby repealed and replaced with the provisions of this Ordinance.

Section 9 INCORPORATED.  This Ordinance shall be incorporated in the Mountain Iron City Code as Chapter 57.

Section 10  ADOPTION.  This Ordinance shall be effective upon its adoption by the Mountain Iron City Council and publication according to law.

DULY ADOPTED BY THE CITY COUNCIL THIS 1^ST DAY OF MAY, 2000.

 

 

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Mayor Mitchell Brunfelt

ATTEST:

 

 

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City Administrator