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HomeMy WebLinkAbout1989-11 05-03 AP CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of May,-:1989, at 7 p.in. at City Hall, 6301 Shingle Creek Parkway, to con- A siderana Chapter POST PUBLICATIONS Auxiliary aids for handicapped persons are available upon request at AFFIDAVIT OF PUBLICATION least 96 hours in advance. Please notify the personnel coordinator at 561-5440 to make arrangements. ORDINANCE NO. AN ORDINANCE 'AMENDING CHAPTER 7 OF THE BROOKLYN CENTER CODE RELATING TO STATE OF MINNESOTA COLLECTION OF RECYCLABLE MATERIALS AND YARD WASTES COUNTY OF HENNEPIN SS. PROHIBITING SCAVENGING OF RECYCLABLE MATERIALS; AUTHORIZING COLLECTION DIS- TRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 7 of the City. Or- dinances of the City of Brooklyn Cen- �.7 ter is hereby amended in the follow Walter D. Roach ing manner: being duly swor on oath y that h F e i he pu en'G b l Pos isher or uthori ed ews Section 7-101. DEFINITIONS. O yn d [Whenever used in This ordinance agent and employee of the publisher of the newspaper known as the words shall] For purposes of Sections and has full knowledge of the facts which are stated below: 7.101 to 7 -112, the following terms have the [following] meanings given (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as them: provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. [A.] Subdivision 1. Approved [shall mean] 'means acceptable to the health authority following Ar [his] the health authority's (B) The print-4 Ordinance N o. Amending Chapter 7 of determination as to compliance with established public health practices and standards. Subdivision 2. Carryout Collec- Brooklvn Center Code relatino to coUect iDM__O_f tion Service means the collection of c umulated in recycling con- recyclable ma'cr'o► an- c recyclable materials yard wastes tainers from a location at a- which is attached was cut from the columns of said newspaper, and was printed and published once a week, for dwelling unit other than the t location designated by the Wednesday 3rd recycling authority for regular successive weeks; it was first published on the play of collection. [B.1 Subdivision 3. Council [shall mean] means the Bov- e r n i n g body of the M ay 19 and was thereafter printed and published on every [municipality] City. Subdivision 4. Dwelling Unit means a residential structure in to and including the day of -19 the City that is designated by the and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- recycling authority to receive ing the size and kind of type used in the com recycling collection services. position and publication of the notice: [C.] Subdivision S. Garbage abcdefghijklmnopgrstuvwxyz [includes) means all putrescible animal, vegetable or other mat- ter that attends the preparation, consumption, display, dealing n or storage of meat, fish, fowl, birds, fruit or vegetables, in- cluding the cans, containers or P wrappers wasted along with BY such materials, but not including recyclable materials. Subdivision 6. Generator has the General Manager meaning given it in Minnesota TITLE Statutes Section 115A.03, sub- division 12. Acknowledged before me on (D.] Subdivision 7. Health Auth- ority [shall mean] means the [municipal] city public health sanitarian or [his] an author thi. 4th Alt day of 1�1aV 79 B9 ized representative.. [E.) Subdivision S. Manager [shall mean] means the ad- i U ministrative head for the [municipality] City. NoTar PubI X .u. Subdivision 9. Mixed Municipal 1.y 9 Solid Waste has the meaning given it in Minnesota Statutes Kr N t 1^ OTA Section 115A.03, subdivision 21. [F.) Subdivision -10. Open Burn ing [shall mean) means the burning of any matter whereby the resultant combustion pro- ducts are emitted directly to the open atmosphere w­­ pass- ing through an adeciva•e stack, RATE INFORMATION duct, iV chimney. 7 40 [G.I Subdivis ion 11. Owner fist means any person, [firm, cor (1) Lowest classified rate paid by commercial users for com poration, or other partnership or parable space. (Line) organization] who alone, jointly, t 4 or several) with others .[shalt be in ownership of,) owns or (2) Maximum rate allowed bylaw for the above matter. [have] has charge, care or con- (Line) trol of[,] any .premises or busi 'ness within` the [municipality] (3) Rate actually charged for the above matter. City as 'owner, employee "or (Line) agent of the owner, or as trustee or guardian of the estate or per son of the title holder: (H.) Subdivision 12. person [is] means any [person] individual, firm, partnership, association, corporation, company, or organ ization of any kind. [I.) Subdivision 13. Premises [is] means any dwelling, house, building, or other stucture or parcel of property. [is] means any and all streets, tag so stating suct"condemna- sidewalks, boulevards, alleys, Class IV Lion. It [shall bet is unlawful for parks, public buildings, and Rubbish and Waste Matter Col• any person to place or deposit other public ways. (C.1 Subdivision 3. Frequency lection Vehicle refuse in a container which has held securely over the loaded Subdivision As. Recyclable Ma- and Manner of Collection. The Classy been condemned. refuse. Every -veade [shall] teraalsbas the meaning given it contents of The containers Rendering Collection Vehicle, Subdivision 6. Preparation of must be equipped with the nec- R in Minnesota Statutes Section [shall] must be collected once [D.1 Subdivision 4. tnsurance. Yard wastes. Yard wastes must essary hand tools for cleaning up IISA.o3, subdivision 25a. every week, or more frequently Applicants for licenses or be bagged separtely from other spills- Subdivision 16. Recycling has if necessary or. required by the renewals of licenses (shall] garbage, refuse, and waste mat- [G.1 Subdivision 7. Vehicle the meaning given it in Min- provisions of any other ordh ter and must be placed 3 to 6 feet Maintenance. Every licensed nesota Statutes Section I15A.03, nance of the [municipality] must file with each application a from garbage and other refuse vehicle [licensed 'hereunder subdivision25b. City, by a collector licensed copy of an insurance policy or on collection day. shall] must be kept well painted, Subdivision 17. Recycling Auth- (hereunder) under this Chapter. policies and an endorsement, Section 3. Section 7 -103 of the clean, and in good repair. Every ority means the official desig- [He shall] The collector must under which there is coverage as Brooklyn Center Code is amended to nated by the manager to per- transfer the contents of the con• to each vehicle to be used for read [such] vehicle used for collec- asfollows: tang v l e or swill [shall] farm the powers and duties of tainers to this) the collection, loss or damage to persons in the Section 7 -103. REFUSE HAULERS must be cleaned every week or I the recycling authority: as pro vehicle without spilling them, amount of $100,000 for each per REGULATIONS. oftener as necessary to prevent vided in this chapter. The' and if any spilling occurs the son and $300,000 for each acci- [A.) Subdivision 1. License Re- persistent odors and [shalll recycling authority may be the shall) the collector must clean It dent; and for loss or damage to quired. No person [shall engage must be cleaned before being; administrator of the Hennepin up Immediately and completely, property In the amount of in hauling or conveying) haul or usedforanyotherpurposes. Recycling Group joint powers Collection [Shall] must be con. $50,000. Every such policy convey refuse from any entity of which, the City is a ducted in [such] a manner as to [shall]' must provide that it premises in the City, other than [H.1 S u b d i v i s i o n S. Vehicle member. not create a nuisance. Collection [shall] may not be cancelled or ]hisl the person's own domicile, Loading, Garbage, refuse, rub- Subdivision 18. Recycling Con- In residential tones [shall] must terminated for any reason [in the municipality] unless bish, or other waste matter tainer means a .receptacle des- be between the hours of 6:30 without at least 10 [days) days' [he] the person holds a valid [shall] must be so loaded that ignated by the recycling author- a.m. and 8:30 P.M. Upon each prior written notice (thereof license [hereunder]. [Each none of such materials can jar ity for the accumulation and col- collection the containers [shall] first) being given to the such vehicle so used must be loose and fall to the ground or lection of recyclable materials at must be completely emptied and municiplity. licensed.] A license is required street when the vehicle is in mo- a dwelling unit.' returned to the racks or stands [E.) Subdivision S Vehicle for each vehicle used to haul or Lion. Loose paper, trash, and Subdivision 19. Recycling Col where they are kept, and the lids License Decals. Whenever a convey refuse. similar materials [shall) must lection Services means the col- of the containers [shall] must license or .renewal has been 18.1 Subdivision 2. License Pro- be so secured that they cannot be lection of recyclable materials be replaced. granted [hereunder] the health cedure. The provisions of Sec' displaced by the wind or fall out accumulated in �recyclitig con- [D.1 Subdivision 4. Placing of authority [shall] must furnish Lions 23 -001 through 23 -013 of the of the vheicle. Containers used to tainers from a location at a Containers. The containers to the licensee a decalcomania City Ordinances [shalll a❑ ❑Iv in carry refuse in or on any vehicle dwelling unit that is designated [shall] must be' placed in the for each vehicle. The dec- [shall] must comply with The all licenses required by the recycling authority for rear of the premises or [in such calcomania (shall be so worded this or- requirements of [Section 2 regular collection. a manner as to bet out of view as to signify] must indicate that dinance and the holders of hereunder] Section 7 -102 of this Subdivision 20. Recycling Ser• from the street in front of the the vehicle is licensed by the [such] the liceenn se. et forth Code. [I.1 Subdivision l as s vices means recycling collection premises or placed in a garage [municipality] City. The license fee shall be o 9- Service bye city council may y set services, carryout collection located on the premises, except licensee [shall] must apply the establish Cancellation. The collector services, and any other services fs may be reasonable and im- decalcomania to the left forward the annual license fee from time [shall] must cancel service to to time by resolution. The term of each license hereunder [s tainer or containers thereon any premises when The only con provided to a dwelling unit in mediately necessary for collet- side of the body of the .sp dhall accordance with this chapter. Lion. In no event [shall] may propriate licensed vehicle as in• of is from July 1 through June [K.1 Subdivision 21. Refuse containers be placed or main- dicated by the health authority, have been condemned and may 30. cancel service for cause or when means all solid waste products fained [such) away [as tot Old, expired, or otherwise Invl• The applictions for license or the party charged for the collec- so those having the character of that unreasonably [interfere] id de calco m ani a (Shall] mutt b be renewal of license [shall] must lion service i solids rather than liquids in that interferes with the use of adjoin- re(flovedfromthevehicle. and two months or they will not flow readily without ing property. Containers kept (F.) Su division 6. Vehicle Spec• a description of the types more overdue i n paying for such additional liquid and which are outside [shall] must be placed locations. Every vheicle used to and makes of motor vehicles services. When any collector composed wholly or partly of in [such] a manner [as] that collect refuse [shall) mutt have used for collection, schedule s- .cancels service to any premises, such materials as garbage, swill, does not [to] permit entry of or the name of the owner or opera. services To be made a to the cus- written notice [thereof shall] Comers, the frequency of service must be served upon or mailed sweepings, cleanings, trash, harborage for animals, insects tar on the body or placed on a P rubbish, litter, industrial solid or other vermin, [and so main- durable metal or wood plaque to be rendered, and'rull informs- to the occupant, manager or wastes or domestic solid wastes; fained as not to be] or permit the attached to the body. (Said] The Lion where and how the material owner of the premises and a organic wastes or residue of container to be tipped over. Con any other information lettering (shall] must be at collected will be disposed animals sold as meat, fruit or tainers [shall] must be main least three Inches In height and on th e h ealth h and copy of the notice [shall] must be mailed to the health author .other vegetable or animal mat- tianed in a reasonable clean the color of the lettering and of authority [shall) may require. Applicants fof licenses after ity ter from kitchen, dining room, condition at all times. the background [shall] mutt be [J.1 Subdivision 10. Vehicle market, food establishment or [E.] Subdivision S. Defective contrasting.. July 1, 1970,1 to provjde routine Storage and Parking. No person any place dealing in or handling Containers. If, upon inspection The body of every- vehicle weekly collection and removal of e [shall] may at any time park or meal, fowl, fruit, grain, or by the health authority, a con- refuse from residences [shall] store any refuse collection veha- vegetables; offal, an(rAal ex- tainer is found to be in poor "licensed (hereunder shall] must must provide [as. required under de on any premises zoned for creta, or the carcass of animals; repair, corroded or otherw(de he constructed entirely of metal this ordinance,] complete col- use as a single or multiple resi- [tree or shrub trimmings, or defective so as to permit insects, or the space in All refuse on lection of all refuse which nor- dente dwelling, within one hun- an y grass clippings,) brick, plaster, vermin or rodents to enter, or premises shall] must be malty results from r -day sto dred feet of [any aforemention- wood, metal or other waste mat- does not meet other require- stored in [the] required con- use of (this type oft residential ed] the premises or within two nt ter resulting fro the demoli- ments of this ordinance, the tainers [required herein, except property except furnishings, ap- hundred feet of any food tion, alteration or construction of health authority [shall notify the if the same may bet unless it is pliances, building or, construc- establishment, for purpose other immediately consumed or tion wastes and similar bulky than, or for periods inconsistent buildings or structures; ac- provider or user Of The container disposed of on (such) the wastes for which individuals with, providing refuse collection cumulated waste materials, of the deflcieh w cy shall re- premises in an approved in- must make special arrange- w at [said) the premises. No per cans, containers, junk vehicles, quire repair or replacement of cirerator: mints. The health authority may ashes, tires, junk, or other such the container and shat' state .a All commerical, business, indus- require vehicle inspection before son [shall]- y any time an substance which may become a compliance date In the notice) park or store any loaded ded or par nuisance, but not includin may require the container to bs trial or other such establish- processing The license applica- tially loaded refuse collection g ments having a refuse volume in Tion.' vehicle on any premises within recyclable materials. repaired or replaced by notifying excess of two cubic yards per A p p l i c a t i o n s for license the [municipality] City, except [L.] Subdivision 22. Rubbish' is the provider or user of the con- week, and all six family and [hereunder shall) must be nonputrescible solid wastes such tainer of the deficiency and larger dwellings, [shall] must submitted to the health authority for the purpose of and for as wood, leaves, trimmings from stating a compliance date In the periods consistent with providing shrubs,. dead trees or branches stating 1} the deficiency Is not provide aproved bulk or box type for review and recommendation. refuse collection at that parcel. of refuse storage containers or al)- If the council is satisfied That the thereof, shavings, sawdust, ex- corrected by (said) the com- property. elsior, wooden waste, printed pliance date, the health author- proved equivalent. [Those] The public need, convenience, and Subdivision I1. Collection Dis- board, itY [shall) may condemn the e c matter, paper, paper containers [shall] must be [so] good order will be served there- tricts. The City, under, located so as to be accessible Co by, it may grant a license to any Lion of the mana or his direc Pasteboard, grass, rags, straw, deficient container .clod affix a, Y mans g collection equipment and so as [such] applicant meeting the designee, shall establish specific boots, shoes, hats, and all other tag so stating such condemna not to require an intermediate requirements of this ordinance. refuse and recylcing collection combustibles not included under Tion. I t (shall be] Is unlawful for transfer. [C.) S u b d i v i s;i o n 3. License districts and specific days of col the term garbage, but not in- any person to place or. deposit [B.1 S u b d i v i s i o n 2 S a n i t a r y Classification. (Applicants for cluding recyclable l refuse to a container, which has: Disposal. All. refuse [shall] [M.)Subdivisbdivisi 23, Swill l lection within these districts for i licenses issued hereunder shall all licenses. The purpose of this d beencondemned. bet Licenses are issued for the provision is. to coordinate and dudes that particular Swill particular garbage ge must be disposed of in a Subdivision 6. Preparation of sanitary manner as approved by which Is wholly or nearly edible following classes of operation: facilitate same day collection yard wastes. Yard wastes must the health authority and [shall] within said districts throughout Class I food vlaue for and usable a food and has be bagged separtely from other may hot constitute a muisance. Residential Refuse Collection the City. Said coordination is animals or fowl, garbage, refuse, and waste mat Refuse [shall] may not be fly necessary to encourage citizen accumulating from animal, ter and must be placed 3 to 6 feet proof device and /or filling Vehicle participation in The City's vegetable or other matter from garbage and other refuse operations materials a usin effort, to insure com approved fill Class I Commer ial and Business Ref- recycling wasted from clubs, hotels, hOf• on collection day. nd metho c ds may be use Collection pliance with state mandates for pitals, restaurants, and public Section 3. Section 7 -103 of the permitted. In no case [can] a b Class III solid waste m bish anagement as set Residential and Commercial eating places. Brooklyn Center Code is amended. To may garbage be composted or mercial forth an Mi anage T Statutes Refuse Collection Com (N.] Subdivision 24. Vehicle Is read as follows: buried. Chapter 115A and to insure com e every device in, upon, or by Section 7 -103. REFUSE HAULERS [C.) Subdivision 3. Frequency Class IV pliance of the City's contractual which any person or property is REGULATIONS. and Manner of Collection. The and Waste Matter Col- obligations e a member of the lection Rubbish de Hennepin Recycling Group par- Classy He or may be tansported or drawn (A.] Subdivision 1., License Re- contents of the containers upon a thoroughfare including quired. No person [shall engage [shall] must be collected once nt to The Joint and Coopera- Rendering devices used exclusively upon in hauling or conveying] haul or every week, or more frequently Collection Vehicle five Agreement for Solid Waste stationary fails or tracks.. convey refuse from any if necessary or required by the [O.l Subdivision 25, Waste Mat- premises in the City, other than provisions of any other ordi- (D.) Subdivision 4. Insurance. Disposal. Also, said coordination will s beneficial al To The health, ter is non utrescible solid waste (his) the Applicants for licenses or safety, and welfare of Brooklyn P person's domicile, nance of the collector renewals of licenses [shall] such as soil, earth, sand, day, [in The municipality] unless City,' by a collector licensed Center residents and streets by gravel, loam, stone, "brick, (he] the person holds a valid [hereunder] under this Chapter. must file with each application a limiting the number of refuse plaster, crockery, glass, license [hereunder). [Each copy of an insurance policy or glassware, ashes,' cinders; such vehicle so used must be [He shall]. The collector must policies and an endorsement, and recycling vehicles using said shells, metal, and other non- licensed.] A license is required transfer the contents of the con- under which there is coverage as streets at any one time. The fol- combustible material which has for each vehicle used to haul or tainers to this] the collection to each vehicle to be used for lowing considerations will be been or Is to be discarded, but convey refuse. vehicle without spilling them, loss or damage to persons in the utilized by the city manager or not including recyclable mater- [B•) Subdivision 2: License Pro- and if any spilling occurs [he amount of $100,000 for each per- his designee to establish the col ials. cedure. The provisions of Sec- shall] the collector must clean it son and $300,000 for each acci- lection districts: Subdivision 26. Yard Waste has dons 23.001 through 23-013 of the up immediately and completely. dent; and for loss or damage to a. household counts within the The meaning given it in Min City Ordinances [shall] apply to Collection [shall) must be con- property in the amount of districts; nesota Statutes, Section all licenses required by this or- ducted in (such] a manner as to $50,000. Every such policy b. compatibility with the 115A.931. dinance and to the holders of not create a nuisance. Collection [shall] must provide that it licensees existing refuse collec- Section 2. Section 7.102 of the [such] the license, The [annual in residential zones [shall] must [shall] may not be cancelled or tion stops to the extent possible; Brooklyn Center Code is amended to license fee shall be as set forth be between the hours of 6:30 terminated for any reason c. compatibility with municipal read as follows: by] City Council may establish a.m. and 8:30 p.m. Upon each without at least 10 [days] days' boundaries to the extent possi- Seetion 7 -102. REFUSE STORAGE the annual license fee from time collection the containers [shall] prior written notice [thereof ble; ANDDISPOSAL. to time by resolution. The term must be completely emptied and first] being given to the d. coordination with recycling [A.] Subdivision 1. Containers of each license hereunder [shall returned to the racks or stands municiplity. collection to the extent possible. Required. The owner of any be) if from July 1 .through June where they are kept, and the lids E.1 S u b d i v i s i o n 5. Vehicle Subdivision 12. Collection within premises, and any other person 30, of the containers [shall] must License Decals. Whenever a Districts. Where an approved having refuse as herein defined, The applletl0ns for license Or be replaced. license or renewal has been collection district has been es- (shall] must provide and keep renewal of license [Shall] mutt [D.1 Subdivision 4. Placing of granted [hereunder] the health tablished, licensed refuse on such promises sufficient con- contain a description of the types' Containers. The containers authority [shall) must furnish haulers must establish their tainers for the storage of refuse and makes of motor vehicles [shall] must be' placed in the to the licensee a decalcomania regular collection routes and accumulated on the premises used for collection, a schedule of rear of the premises or [in such for each vehicle. The dec- days of collection in a manner between disposal or collection. services to be made to the cus• a manner as to bet out of view calcomania [shall be so worded consistent with the approved col Each [such] container [shall] tomers, the frequency of service fom the street in front of the as to signify] must indicate that lection district and specified must be watertight, [shall) to be rendered, and full Informa• premises or placed in a grage the vehicle is licensed by the days of collection. Violation of must have a tight fitting lid, tionwhereandhowthematerial located on the premises, except [mun The this subsection is grounds for icipality] City. [shall] must be impervious to collected will be disposed of, and as may be reasonable and im- licensee {shalll must apply the revocation of the hauler's Insects, rodents, vermin, and any other information the health mediately necessary for collet- decalcomania to the left forward license. It is not a violation of absorption of mot or recyclable materials on a day and authority [snail] may require. wire. tits- In no event (shall] may side of The body of the al) this subsection to collect refuse [Shall] may not exceed 30 Applicants for licenses f,r after containers be placed or main- propriate licensed vehicle as in- .ther than the specified collet gallons In Size unless otherwise July 1, 1970,3 To provide routine tained in [such] a way [as tot dicated by the health authority. s To i on day; n the collection is for he le specifically- aUthorized in writing weekly collection and removal of that unreasonably [interfere] Old, expired, or otherwise inval- missed pick co l e ins week i by the health authorlty. refuse from residences [shall] interferes with the use of adjoin- id decalcomania [shall) must be which legal holiday occurs. All refuse on any premises must provide (as required under ing property. Containers kept removed from the vehicle. Section 4. Section 7 -104 of the [shall] must be stored in [the] this ordinance,) complete col- outside [shall] must be placed [FA Subdivision 6. Vehicle Spec- I P r a Censer Code is amended to s (required lection of all refuse which nor (such] ificatons. very v e use quired Containers [re in (h) a manner [as] that i Every to q read ti follows: he ING PROHIBITED. except if the same me molly nesulis from day -day does not [To] permit �eniry of or collect refuse [shall] must have Y Section n REFUSE LITTER- be] antes! It if Immediately use of [this type oft residential' harborage for animals, insects the name of the owner or opera- person B BITED. No person consumed or disposed of on property except furnishings, al)- or other vermin, [and so main- for on the body or placed on a (shall] may throw, scatter or depos- (such] the premises in an a P pliances, builds t# g or construc- tained as not to bet or permit the durable metal ur wood plaque Proved Incinerator. tion wastes an it, [nor] or cause or permit to be similar bulky container to be Tipped over. Con attached to the body. [Said) The thrown, scattered or deposited any All commerical, business, Indus• wastes for which individuals tainers (shall] must be main- lettering [shall] must be at refuse, handbills, or other littering trial, or other Such establish- must make special arrange- tianed in a reasonable clean least three inches in height and materials upon or in any public or ments having a refuse volume In ments. The health authority may condition at all times. the color of the lettering and of ve- e lands, bodies of titer, water excess of two cubic _yards per require vehicle inspection before [E-1 Subdivision 5. Defective the background ishal[l must be private or structures w The week, and ail Six family and processing the license applica- Containers. If, upon inspection contrasting. [municipality] City, Every person larger dwellings, (shall) must Lion, by the health authority, aeon- The body of every vehicle [shall] must maintain his or her provide aproved bulk or box type Applications for license tainer is found to be in poor licensed [hereunder shall] must premises and abutting sidewalks and [hereunder shall] must be repair, or otberwide be constructed entirely of metal refuse storage containers or al)- boulevard areas free of refuse litter. b sumitted to the health authority defective so as to permit insects, or the space in the vehicle in .proved equivalent. [Those) The Y Section S. Section 7 -105 of the for review and recommendation. vermin or rodents to enter, or ,which refuse [shall be] is kept containers [shall) Must be [so] en Brooklyn Center Code is amended to located so as To be accessible to If the council Is satisfied that the does not meet other require- [shall] must be completely lin- read as follows: collection equipment and so as Public need, convenience, and ed with metal. All joints [shall] not to require an intermediate good order will be served there- ments of this ordinance, The must be effectively closed so Section 7 1 0 5 N U I S A N C E Transfer, by, it may grant a license to any health authoirty [shall notify the ABATEMENT. .provider or user of the container that no dripping o leaking or Subdivision 1. Any accumulation of [6.1 Subdivision 2. S a n i t a r [such] applicant meeting the drain off of water, liquids or any Y of the deficiency and shall re- requiremenTSOf.thisordinance. substance can occur. The refuse er any premises not stored in Disposal. All refuse [shall] quire repair or replac mint of containers which tom ly with this must be disposed of In a [C.1 Subdivision 3. License q Q loading space [shall] must be P the container and shall state a ordinance, or any accumulation of sanitary manner as approved Classification. [Applicants for provided with a tight metal hood nd (shall] by compliance date the notice] refuse on any premises [which has the health authority and [shall] licenses issued hereunder shall i fitted with having an opening e wi may not constitute a nuisance. may require the container to be remained thereon] for more than one f bet �leenw! are Issued for the metal doors, or [shall] must be week is hereby declared to be a Refuse [shall] may not be com- repaired or replaced by notifying following classes of the provider or user of the con- provided with a heavy tarpaulin that posted or buried except Classy or equivalent cover fitted with composting in ana p stater of the deficiency and approved ro- Residential Refuse Collection eyes, grommets, tie ropes, or stating a, compliance date in the dent and fly proof device and /or Vehicle notice. If the deficiency is not hooks so that the cover can be filling operations using approved Class II corrected by (said] the com fill materials and methods may Commercial and Business Ref- pliance date, the health author be permitted. In no Case [can]. use Collection Vehicle ity [shall] may condemn the may garbage be composted or Class I I I buried. Residential and Commercial Refuse Collection Vehicle C Itl11Y1. M 11 V1itl 11{.0 IlltlY UC abated by order of the officer charged by the city manager with enforce- ment of this section, and the costs of abatement may be assessed against the' property on which the nuisance was found as [follows] provided in this section: [A.] Subdivision 2. In ail cases to which Minnesota Statutes, Sections 145A.04 and 145A.08 apply, the City [shall] will proceed under .those sec- tions. [A.] Subdivision 3. In all other cases, the officer charged with en. 'forcement [shall] must notify the Section 8. Section 7 -108. of the owner the property on which the Brooklyn Center Code is amended to nuisance a is found in writing, specify- read as follows: ing the nature of the nuisance and Section 7 -108. [PENALTY. Any ordering That the nuisance be abated. Notice [shall] must be served in per- person violating any of the provisions son or by mail. If the owner is of this ordinance shall, upon convic- unknown or cannot be located, notice tion, be guilty of a misdemeanor, and may be served by posting it on, the, subject to a fine of not more than $700 property. The notice [shall] must or by imprisonment for a period of not specify the steps to be taken to abate exceeding 90 days or both, together the nuisance and the time, not ex- with the costs of prosecution. Each ceeding ten (10) days, within which day that a violation exists shall con the nuisance [shall] must be abated. statute a separate offense.] If the owner does not comply with the RECYCLING RATES: BILLINGS. notice and order of the enforcement Subdivision 1. Rates. The city officer within the time specified council may establish rates for [therein], the city council may, after recycling services from time to time notice to the owner and the occupant by resolution. By resolution the city of the property if different from the council may also charge the cost of owner, and an opportunity to be recycling containers to owners or oc- heard, order that the nuisance be cupants of dwelling units as a recycl- abated by the City. The notice of ing service. hearing [shall] must be served in the Subdivision 2.'Biiling: Each owner same manner as the notice and order. or occupant of a dwelling unit must Of the enforcment officer and [shall] pay the rates of recycling collection must be given at least ten (10) days services. The rates for carryout col before the date specified for hearing lection services are payable by the of the matter by the city council. If owner or occupant of a dwelling unit notice is given by posting, at least who requests to receive the service thirty (30) days [shall] must elapse according to the procedure estab- between the date of ;posting and the lished by the recycling authority. The hearing. In an emergency cir- amounts payable for recycling ser cumstance where there is an -im- vices will be shown as a separate mediate threat to the public health or charge on the utility bill for the dwell safety or an immediate threat of ing unit and will be payable according serious property damage, the enforc- to the same terms as those provided ing officer may provide for abating in this Code for utility bills. the nuisance without action of The city Section 9. Section 7 of the Brooklyn council In such a.case,. the enforcing Center Code is amended by adding officer [shall]. must reasonably at- the following new sections: tempt to notify the owner and occu- Section 7 -109. ASSESSMENT OF Pant of, the intended action and The UNPAID BILLS. On or, before Sep- right to appeal The determination that tember l of each year, the city clerk a nuisance exists and the order to must list the total unpaid charges for abate the nuisance at the next regu- recycling services against each lot or .larlyscheduled city council meeting, parcel to which they are attributable. [In case of abatement of nuisances The city council may then spread the by the City, upon determination of the charges against the property cost' of abatement, including ad benefited as a special assessment in ministrative and other related ex- the same manner as provided for penses, The] The city clerk [shall] current services by Minnesota Stat- must prepare and mail a bill utes. Section 429.101. and other perti- [therefor] to the property owner for nent statutes for certification to the the aount of the costs incurred by the Director of Property Taxation of City in abating a nuisance, including Hennepin County and collection the administrative and other related ex- following year along with the current which penses. The bill [so determined which shall immediately taxes. be] due and Section 7 -110. OWNERSHIP OF RECYCLABLE MATERIALS: payable upon receipt In the event SCAVENGING PROHIBITED. [such] bill is t following the Sep the abate- Subdivision 1. Ownership. m, 1st next folloing Recyclable materials are the prop ment of the nuisance, the Costs of erty of the generator until collected abatement [shall] may be levied by authorized City employees, col against the property pursuant to lectors or haulers. Recyclable ma- Minnesota Statutes, Chapter 429. terials become The property of the Section 6.. Section 7 -106 of the City, authorized collector, or auth- Brooklyn Center Code is amended to orized hauler upon collection. readasfollowst Subdivision 2.. No Scavenging. It is Section 7 -106. MINNESOTA unlawful for a person, other than POLLUTION CONTROL AGENCY authorized employees of the City, or REGUL•ATIONSADOP'tED. authorized collectors or haulers to [A.] Subdivision 1. Regulation distribute, collect, remove or Adopted. Subject to specific modifi- dispose of recyclable materials cations and additons contained after the materials have been plac- herein, the [municipality] City ed or deposited for collection. hereby adopts by reference Air Pollu- Section 7.111. SEPARABILITY. If any tion Control Regulations Nos. 7 (In section, subsection, group, phrase, cinerators) and 8 (Open Burning sentence, or portion of this ordinance Restrictions) F;ontained in the Min- is for any reason held invalid or un- nesota. Pollution Control Agency constitutional, such portions shall be document' entitjed "Ambient Air deemed a separate, distinct, and in- Quality Standards and Air Pollution dependent provision and such holding Control Regulations adopted May shall not affect the validity of the re- 11, 1961; filed with the Secretary of maining portions hereof. State July 3, 1969, and filed with the Section 7 -112. PENALTY. Any per State, Depal'iment of Administration son violating any of the provisions of July 7, 1969, including all subsequent this ordinance is guilty of a misde- amendments thereto. Three copies of meanor and subject to a fine of not such regulations [shall] will be on more than $700 or imprisonment for a file and available for inspection in the period of not exceeding 90 days or office of the clerk. Thew regulations both, together with the costs of pro [shall] do not apply to wood burning secution. Each day that a violation fireplaces, nor fires used. solely for ex ists constitutes'a separate offense. preparation of food by barbecuing. Section 10. This ordinance shall [B.] Subdivision 2. Modifica- become effective after adoption and tions to APC Regulations. It is hereby upon thirty (30) days following its determined, effective July 1, 1970, legal publication. that adequate refuse collection ser Adoptedthi= day of_,_, vice is available to the [municipality] City. Open burning is Mayor [thereafter] prohibited after that date. Effective January. 1, 1971, no ATTEST: device or container for open burning Clerk Date Publication [shall] may be maintained on any Effective Darr premises. Exceptions to APC.Regula- [Boldface indicates new matter, tion No. 8 [shall] require written ap- brackets indicate matter to be proval of the municipal fire chief, deleted.] All incinerators of less than 2,000 lbs. /hr. capacity [shall] must comp- (Published in the Brooklyn Center Po Public May 3, 1989). ty with the provisions of APC Regula- tion No.. 7 on or before January 1, 1971. Section 7.. Section 7-107 of The Brooklyn Center Code Is amended to read as follows: Section 7 -107.. [SEPARABILITY. If any section, subsection, group, Phrase, sentence, or portion of This ordinance is for any reason held in- valid or unconstitutional, such por- tions shall be deemed a separate, dis- trict, and, independent provision and such holding shall not affect the va- lidity of the remaining portions hereof.] RECYCLING AUTHORITY: POWERS. The recycling authority is responsible for supervising and con- trolling the collection, removal, and disposal of recyclable materials from all dwelling units in the City. The recycling authority may contract with one or more collectors or haulers for the collection, removal and disposal of some or all types of recyclable ma- terials from dwelling. units: The recycling authority may adopt and enforce additional rules not inconsis- tent with this chapter as necessary for the collection, removal and disposal of recyclable ,materials, in- cluding but not limited to rules.goven- ing the days and hours of collection, the types of recyclable materials to be collected, the manner in which generators must prepare recyclable materials for collection, the recycling containers to be used, and The location of recycling containers for collection. The rules of the recycling authority are not effective until approved by the council.