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HomeMy WebLinkAboutOrdinance - 6-2008 - Amending City Code Section 9.01 - 07/01/2008 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 6-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING SECTION 9.01 OF THE CITY CODE RELATING TO THE STORAGE, DEPOSIT AND COLLECTION OF REFUSE, YARD WASTE, AND SOLID WASTE AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 9 — Section 9.01 entitled "Storage, Deposit and Collection of Refuse, Yard Waste, and Solid Waste" is amended in its entirety to read as follows: SECTION 9.01. STORAGE,DEPOSIT AND COLLECTION OF REFUSE,YARD WASTE, RECYCLABLE WASTE AND SOLID WASTE Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that the practice of disposing of Recyclable Waste in land disposal facilities commonly referred to as landfills is unacceptable because such disposal is detrimental to the long-term capacity of public and private landfills and is detrimental to the environment in that it causes pollution and contamination of underground and surface waters, air and natural flora and fauna; is harmful to the health and safety of persons and property because it generates noxious and dangerous odors and gases, including methane gas and; blowing of airborne particles and contaminants causes social and/or economic harm to persons who reside, and property which is, in proximity to landfills and should be done only in the absence of reasonably-available alternatives. In an effort to extend the life of landfill capacity as well as to ameliorate the social, economic and physical harm cased by the disposal of Recyclable Waste in landfills, the Council of the City herby adopts the following provisions relating to Recyclable Waste. Subd. 2. Definitions. For purposes of this subsection, the following terms have the meanings indicated: A. Association — Association means all cooperative organizations of residential dwelling owners formed for the purpose of joint management of property or services. B. Collection—Collection means the aggregation of Solid Waste or Recyclable Wastes from the place at which it is generated and includes all activities up to the time when the material is delivered to the facility designated by the owner of the Single Family Dwelling, Multiple Family Dwelling, Commercial Establishment or Licensee. C. Compost - The product of a managed process through which microorganisms naturally break down organic materials, including Yard Waste, fruit or vegetable matter, eggshells or coffee grounds, by bacteria, fungi and other organisms into more available forms 1 suitable for application to the soil and is used to improve soil structure and provide nutrients to the soil. D. Compost Area—A defined area used for composting. E. Composting - Any above ground microbial process that converts decaying organic materials to compost, humus or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. F. Garden — A well-defined ground area used for cultivation of flowers, vegetables and shrubs. G. Yard Waste - Yard waste means solid waste generated from landscaping and lawn care activities such as mowing, trimming, gardening or raking consisting of grass clippings, twigs, tree and brush clippings, straw, pine needles, tree branches, soft vegetative garden waste and leaves.. The definitions applicable to Section 5.36 shall govern any terms used but not defined herein. Subd. 3. Storage. A. Storage containers for Single Family Dwellings, Multiple Family Dwellings or Commercial Establishments must be stored at least twenty (20) feet from the property line. Storage containers stored within a front yard must be screened from the public street with an opaque fence or coniferous landscape material. For the purposes of this ordinance, a corner lot shall be defined as having two front yards. B. Storage containers for Solid Waste, Recyclable Materials or Yard Waste may be set curbside 24 hours prior to the scheduled pickup. The storage containers must be removed from curbside within 24 hours after the scheduled pickup. C. It is unlawful for the owner or occupant of a Single Family Dwelling to store Solid Waste at the dwelling for more than one week unless it is being composted in accordance with the provisions of Subd. 6 herein. All such storage shall be in five to one hundred gallon metal or plastic containers with tight-fitting covers, which shall be maintained in a clean and sanitary condition. D. It is unlawful for the owner or occupant of a Single Family, Multiple Family Dwelling or Commercial Establishment to store Yard Waste at the dwelling or establishment for more than one week unless it is being composted in accordance with the provisions of Subd. 6 herein. E. It is unlawful for the owner or occupant of a Multiple Family Dwelling to store Solid Waste at the dwelling for more than one (1) week unless it is being composted in accordance with the provisions of Subd. 6 herein. All such storage shall be in containers 2 as for Single-Family Dwellings, except that so-called "dumpsters" or Roll Off Containers with tight-fitting covers may be substituted. F. It is unlawful for the owner or occupant of a Commercial Establishment to store Solid Waste at the establishment for more than one week unless it is being composted in accordance with the provisions of Subd. 6 herein. All such storage shall be in containers as for Single Family Dwellings, except that so-called "dumpsters" or Roll Off Containers with tight-fitting covers may be substituted. G. It is unlawful to store Solid Waste, except fruit or vegetable waste, eggshells or coffee grounds, in a Compost Area pursuant to Subd. 6 hereof, unless it is drained and wrapped and in enclosed containers with tight-fitting covers. H. No Yard Waste or Solid Waste may be buried without prior written permission from the City of Eden Prairie. I. Only one (1) Roll Off Container for collection of Solid Waste or construction debris is allowed for Single Family Dwelling at a single time and for no more than 90 days unless previously approved in writing by the City Manager or his/her designee. J. Roll Off Containers shall be placed on a hard surfaced driveway when feasible. If the Roll-Off Container must be placed on a grassed or landscaped surface in accordance with the Permit conditions approved under City Code Section 6.03 Subdivision 1, the surface shall be stabilized by seeding (if prior to September 15), sodding, mulching, or other equivalent measure pre-approved in writing by the City within 60 days of removal of the Roll Off Container unless approved otherwise in writing by the City Manager or his/her designee. Subd. 4. Recyclable Waste Collection. Owners, Associations or other management entities for Multiple Family Dwellings must, by, or not later than July 1, 2008, make available to the occupants of all dwelling units on the premises services for the Collection of Recyclable Waste which accumulates on the premises in accordance with the following provisions. A. Schedule. The Collection services must be available on the premises and must be provided on a regularly-scheduled basis. The owner and owner's employees may provide the Collection services personally, or the owner may utilize a Licensee as in Section 5.36. B. Recycling Information Required. The owner of a Multiple Family Dwelling must provide information to the occupants of each dwelling unit which notifies the occupants of the availability of Collection services, clearly describes and lists the procedures required to prepare the Recyclable Waste for Collection, and identifies the dates and times of Collection. C. Container Requirements. The owner of a Multiple Family Dwelling must provide containers for the Collection of Recyclable Waste and must maintain the containers in a clean and sanitary condition. The containers must be sufficient in number and size to 3 meet the demands for recycling services created by the occupants. The owner must replace stolen or broken containers and purchase additional containers as needed. Containers must be placed in a location on the premises which permits access for Collection purposes but which does not obstruct pedestrian or vehicular traffic and must comply with the City's zoning ordinance. D. Transportation and Disposal. Upon Collection by the owner, owner's employees, or Licensee, Recyclable Wastes must be delivered to a recyclable material processing center, an end market for sale or reuse, or to an intermediate Collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of Recyclable Waste in a solid waste disposal facility. Recyclable Wastes must be transported in a covered vehicle so that the recyclables do not drop or blow onto any public or private property during transport. Subd. 5. Anti-scavenging. It is unlawful for any person other than the owner or owner's authorized employees or contractors to scavenge, collect, remove, or dispose of Solid Waste and/or Recyclable Waste after the materials have been placed or deposited for Collection at the curb or in areas designated for the separation of Recyclable Waste. Subd. 6. Compost Requirements. It is prohibited for any person to engage in Composting on public, commercial, office or industrial property without prior written permission from the City. It is prohibited for the owner or occupant of a Single Family or Multiple Family Dwelling to engage in Composting except as hereinafter provided. A. A Compost Area shall be established in such a manner so as not to create an odor or other condition that is a nuisance; B. A Compost Area may consist only of Yard Waste, fruit or vegetable waste, eggshells or coffee grounds generated from the site on which the compost is located. C. A Compost Area may not occupy any front yard setback and must be ten (10) feet from any side or rear yard lot line. D. Fruit or vegetable waste, eggshells or coffee grounds must be enclosed in a container or other manner which will prevent animals from disturbing or removing the contents. E. A Compost Area shall not be larger than .025 to the total lot area and in no case exceed five hundred (500) square feet or four (4) feet in height. Every Compost Area must be contained within a fenced area or enclosed container, except a Compost Area consisting of yard waste not exceeding eighteen (18) inches in height may be placed upon a Garden without a fence or closed container. Subd. 7. Deposit of Solid Waste. It is unlawful for any person to deposit Solid Waste from any source, rubbish, offal, or the body of a dead animal in any place other than a sanitary landfill or licensed disposal facility. 4 Subd. 8. Solid Waste Collection Contract. Every occupant of Single Family Dwellings, Multiple Family Dwellings, and Commercial Establishments shall be a party to, or the beneficiary of, a contract for the collection of the Solid Waste generated on or within such Single Family Dwelling, Multiple Family Dwelling, or Commercial Establishment. Subd. 9. Penalties for Violation. Violation of this subsection is a Petty Misdemeanor. A fourth or subsequent violation of this subsection is a Misdemeanor. Section 2 - Effective Date - This Ordinance shall take effect upon its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 12`h day of February, 2008 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4ch day of Mar Ai, 2008. Kathl en Porta, City Clerk Ph oung, Mayor 5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 6-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 9,SECTION 9.01 RELATING TO REGULATIONS RELATING TO THE STORAGE, DEPOSIT AND COLLECTION OF REFUSE, YARD WASTE AND SOLID WASTE AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF. The following is only a summary of Ordinance No. 6-2008. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. The Ordinance amends City Code Section 9.01 to clarify and expand the requirements for providing recycling services and for composting organic materials. The revisions include the following: • Multiple Family Dwellings must make available and provide a location for collection of Recyclable Waste by July 1, 2008. • Multiple Family Dwelling owners must provide information on recycling to the occupants of their dwelling units. • Roll Off Containers may be substituted for solid waste containers at multiple-family and commercial establishments provided they have tight-fitting covers. • Storage containers may be set curbside 24 hours prior to the scheduled pick up and must be removed within 24 hours after scheduled pickup. • Yard Waste or Solid Waste may not be stored at a dwelling for more than one week unless it is being composted. • Storage containers stored in the front yard must be at least 20 feet from the property line and must be screened from public streets • Containers must be maintained in a clean and sanitary condition. • Containers must not obstruct pedestrian or vehicular traffic. • Only one roll off container may be stored at a single family dwelling at a time, and for no more than 90 days. • Roll off containers must be placed on hard surfaced driveways when feasible. If the container is placed on grassed or landscaped surfaces the area shall be stabilized by seeding, sodding or mulching unless approved otherwise by the City when removed. • Yard waste and Compost definitions were clarified. • Anti-scavenging provisions for Solid Waste and Recyclable Waste were added. This Ordinance incorporates,by reference,City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect on July 1, 2008. ATTEST- Ka Teen Porta, City Clerk Phi dun?, r PUBLISHED in the Eden Prairie News on //�` �3 , 2008. --- ---- --- - CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARYO008 ORDINANCE 6-2 Affidavit of Publication s-zoos AN ORDINANCE OFTHE CITY A EDEN NDINGPRAIRIE,CITY ESODE Southwest Newspapers AMENDING CITY CODE CHAPTER 9, SECTION 9.01 RELATING TO REGULATIONS RELATING TO THE STORAGE,DEPOSIT AND COLLECTION OF State of Minnesota ) REFUSE, YARD WASTE AND SOLID WASTE AND PROVIDING )SS. FOR PENALTIES FOR County of Hennepin ) VIOLATION THEREOF. The following is only a summary of Ordinance No.6.2WS. The full text is available for public inspection by any person during Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the regular oi3lce hours at the Office of publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts the City Clerk. herein stated as follows: The Ordinance amends City Code Section 9.01 to clarify and A This newspaper has com lied with the requirements constituting qualification as a legal expand the.,requirements for OP 9 S 9 g providin$recyeling services andfor newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as composting organic materials.The amended. revisions include the following: Multiple Family Dwellings (B)The printed public notice that is attached to this Affidavit and identified as No. must make available and provide a was published on the date or dates and in the newspaper stated in the attached Notice and said location for collection of Recyclable Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of Waste by July 1,2008. the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both Multiple Family Dwelling inclusive,and is hereby acknowledged as being the kind and size of a used in the composition owners must provide information y g g type P on recycling to the occupants of and publication of the Notice: their dwelling units. Roll Off Containers may be abcdefghijkhnnopgrstuvwxyz substituted for solid waste containers at multiple family and commercial establishments , provided they have tight-fitting By: covers. Laurie A.Hartmann Storage containers may be set curbside 24 hours prior to the scheduled pick up and must be removed within 24 hours after Subscribed and sworn before me on scheduled pickup. Yard Waste or Solid Waste may not be stored at a dwelling for more than one week unless it is being this day of �2� 2008 composted. GWEN M.MENZ Storage containers stored inthe NOTARY PUBLIC-MINNESOTA front yard must be at least 20 feet ,v.31,2010 from the property line and must be My Ccmmisslon Expires screened from public streets Containersmust be maintained in a clean and sanitary condition. Notary Public Containers must not obstruct U pedestrian or vehicular trefffc. Only one roll off container may be stored at single familydweWW at a time,and for no more than 90 days. Roll off containers must be RATE INFORMATION placed on hard surfaced driveways when feasible. If the container is Lowest classified rate paid by commercial users for comparable space....$40.00 per column inch placed on grassed landscaped surfaces the area shallll be.stabilisad Maximum rate allowed by law for the above matter................................$40.00 per column inch by seeding, sodding or mulching Rate actually charged for the above matter...............................................$12.19 per column inch unless approved otherwise by the City when removed. Yard waste-and Compost definitions were clarified. Anti-scavenging provisions fbr Solid Waste and Recyclable Waste were added. EplEF�ATIt This Ordinance s all talcs effect on July 1,2008. Phil Young,Mayor Attest: Kathleen Ports,City Clerk (A full copy of the text of this Ordinance is available from City Clerk.) ( irieNewg on Thursday,March�2008;No, 3371)