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01-19ORIGlNAL Council File # _9 ��_ Ordinance # Green Sheez # l0 fe � 3(0 ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By 2 0 6 7 9 10 11 12 13 14 15` 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Referred To Committee Date : An Ordinance to provide for the collection of refuse and the assessment and collection ofservice charges for such services. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: �� YY�2.Y�c� e � — �at�w.r c�-y� 3c�Gt \ V Section 1 A new Chapter 32 of the Saint Paul Legislative Code is hereby enacted: Chauter 32. Collecfion of Municipal Solid Waste for residential properties and User Charge. Section 32.01. Findings and purpose. The citv council finds that some rp °pertv owners within the citv of Saint Paul faii to obtain Qarbage collection services for their buildinQS. This failure results in an unsi¢htly and unsanitary accumulation of refixse, sometimes on park or boulevard nro�eriv and vacant lots and in violation of Section 34.08. In some cases it burdens owners who do contract for refuse services because refuse is dumped in refuse containers on their �ro�erties. Therefore. it is the intent of the citv council, bv the adoption of secrions 32A1 through 32.06, to requixe gazbaee services and to imnose and collect the costs associated with earba¢e service from those propertv owners who fail to obtain garbage service. The collection of such costs shall be by assessment �ainst the real prope requiring the earba�e service.�ursuant to Section 14A 12 of the Saint Paul Charter, wkrich empowers the council to abate nuisances and collect the costs of such abatement bv special assessment. Nothing herein shttll prevent the c� from using the authoritv and procedures in an ov ther provision o,[the charter. cit�ordinance or statute. including but not Zimited to Minnesota Statutes. Chapter 429, as allowed bv Section 14.02 ofthe Saint Paul Charter. Section 32.02. Definitions. For the purpose of this chanter, the terms defined in this section shall have the meanings ascribed to them: Q �,�� Administrative costs. "Administrative costs" mean the fee to be nnnosed for azg ba�e � 1 • o� collection services. The fee includes but is not limited to, the salaries of cit�nersonnel in setting i up earbage service. the prorata cost of citv ec�ui�ment, and the cost of repairuie citypronertv and 2 equi ment. � �� q 3 4 BuildinQ 'Buildine," means a structure suitable for huxnan sheiter, a commercial 5 structure that is maintained for business activities that involve human occupation, and includes 6 the real nronertv on which the structure in located. 8 Owner. "Owner" means the person or persons in whose name or names the building is 9 recorded with the Raznsey Countv De�artment of Propertv �eke�for tasation �ur�oses. IQ Qacc�a.�c a� �c�tct��.�, 11 Section 32.03. Garba¢e Service. The owner of anybuildin se hall nrovide for the collecfion of 12 municipal solid waste in accordance with Secrion 34.11 and Secfion 357.05(f] of the Code. Said 13 owner shall be responsible and liable hereunder whether or not the said owner occupies or resides 14 in the buildin�, and whether or not said building is leased or rented to another. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Secrion 32.04. Inspection by enforcement officer; written notice. �) Written notice of violations. When an enfarcement officer conducts an inspection of a buildinQ and determines that a violation of Section 32.03 exists, the enfarcement officer shall, in addirion to anv other action the enforcement officer may undertake, serve written norice of the violation in conformance with the requirements set forth in this cha�ter. (bl Notice for collection of garbaee service fees. If the enforcement officer intends to iniriate garbaQe collecrion services and collect the city costs for such services, then the written notice must state: � That if the violations are not conected within the time �eriod or periods required in the notice, or if additional violations of Section 32.03 aze discovered bv enforcement officers within the next 12 months, the ci� may provide a.arba¢e service to the buildin¢�ursuant to Section 357.07. The citd s costs in providinQ refuse service for thepropertv will be collected from the owner or owners rather than being paid by the tax pavers of the city; and p � �.� �2� That such future costs will be collected bv assessment against ihe� as defined. (cl The written notice shall be served b�personal service on the owner or bv first class mail at the�ast�a�e�n-address of the owner o.«�:.w k� -Eti��,, co.:...�, D��p�. Secrion 32.05. Initiation of garbage service. �) If, after written notice has been served under Section 32.04 on the owner, cit� enforcement officers find violations of Section 32.03 which are either new violations or the failure to comply with previous orders within the twelve (12� month period be�nnin¢ on the date of service of the written notice, the city reserves the right to initiate a refuse collection service for the �ro�ertv in accordance with Chapter 357. � The earbaQe collection service will commence after the compliance date listed on the oripinal notice or the date ofnoncompliance within the twelve-month period. Q� i 2 � Except as provided in para�ranh (3), the �arbage collection service will 3 continue until the owner provides the citv with adequate proof that the 4 garbage will be coilected in accordance with Chapter 357. Upon 5 presentatian of such evidence, the citv will stop providing �arbas?e service 6 for thatbuilding. 10 11 12 13 14 15 � If a�rogertv is transferred and the city receives norice that iransfer is recorded durine thegarbaQe collection period, the citv will teiminate the arg bage coliection service when the new owner provides the citv with proof of �azbaee collection in accordance with Chapter 357. (bl The costs of providing such gazba�e service shall be assessed against the,�zouertv and collected as nrovided in Section 32.06. 16 �cl The costs for eazba�e collection service shall be a debt owed to the citv and shall be 17 collected by special assessment under the authoritkin Section 14A1.2 of the Saint Paul Citv 18 Charter. 19 20 21 22 23 24 (dl Acrion under this section does not preclude the use of any other civil or criminal enforcement mechanism bkthe citv. Section 32.06 Cost: collection 25 (a) Costs. The costs of conlractin�far such Qarbage services shall include the actual fees 26 chazged bv licensed haulers for garba�e collection as well as the citv's administrative costs 27 associated with conh with licensed refuse haulers to nrovide the service to propertv 28 owners. If ihe city provides �arbag_e service pursuant to Secrion 357A7, the costs shall include 29 the city's costs in nrovidin¢ such a service to the �rovertv inciuding, but not limited to 30 administrarive costs as defined in Section 32.02. 31 D`,�;s;ar., a� a�aa� 32 33 34 35 36 37 38 39 40 41 42 43 44 45 for ,g�ba�e services, the name and address of the owner, and costs associated with �rovidinQ the service to the �ropeity owner, and shall report such information to the director of financial services. T�c�aw\o,�1wv�� N�c.vw e � , _or h.s�h�cd� cost of garbaee services provided during the previous �ear and the nortion of such costs to be assessed a¢ainst each lot and parcel of uropertv benefitted from such service. Upon recei�t thereof the council shall by resolution fix a date for a hearine before the legislative hearing officer pursuant to Secrion 32.06(d) and a date far public hearin¢ at which time the council shall consider adopting and lev�nng the service charees. The date of �ublic hearine shall be at least twenty �201 davs after adontion of said resolution. 46 (d)Legislative hearing o�cen Prior to the public hearine, the leeislative hearin�officer 47 aupointed bv the council president shall hold a meeting to discuss the assessments to the affected 48 propertv. The legislative hearine officer mav submit to the council a recommendation based on 49 information obtained at such a meetine. 6 � - l`l 50 51 (e Notice of council hearing. Followinp the ado�tion of the resolution �rovided in 2 dailv newspaper of the city at least five LZdays nrior to the public hearing before council. The 3 notice shall state the date. time and place of hearing, thepmpose of the hearin , identify the 4 services nrovided and the pro�er[v to be assessed a service charge therefor and shall state the 5 proposed rates of service chaz�es to be considered bv the council. 6 7 (fl Notice to ownerts). At least ten f 101 davs before the hearing, norice thereof shall be 8 mailed bY first class mail to everv lrnown owner subiect to the assessment . at his or her last 9 l�own address. Such nofice shall also inform the recipient of the notice (i) of the procedures he 10 or she must follow under the charter in order to appeal the assessments to the district court, and ll (ii) of the provision of Minnesota Statutes_ Section 435193 to 435.195 and the existence of an� 12 deferment procedure established pursuant thereto. 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 o� -�`l (gl PubZic hearingLadoQtion ofassessment ro11. On the date of public hearing the council shall meet to consider the adovtion of the proposed service charges. The council shall hear all interested parties conceming the proposed chazges. At such meerine or at anv adjonmment thereof. the council mav amend the proposed service chazges. and shall, by resolution, adopt the service chazees as a special assessment against the properties deemed benefitted by the service. � _ Q`c��ro Tccc�i.rw\csv "-'^�. M.�r.o.a�m<v�Scrv,�aS Cr <r E �5 0.hd ¢ � aV�v. C.� �ar along with current taYes. d �y �'�4� ��.e. 6 '. r�s't 27 (i) Appeal. Within twenty (20) davs after adoption of the resolution adopting the service 28 char eg s_any person aegrieved mav appeal to the district court in the manner set forth in Cha t�er 29 14 of the City Charter. 30 31 32 33 Secfion 2 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publicarion. Requested by Department of: 0 ��`� By: Form Approved by C' y Attorn By_ � " Approved by Ma or Eox Submission to Co cil sy: � . g � sr � By' Approved by Mayor: Date � G`I �-s!Y( By: PUB»S�F_D �t 1 '�1 ORIGINAL Adopted by Covncil: nate �� ap�'� i Adoption Certified by Council Secretary �� o �-�� Council File #�� Ordinance # Presented By Refened To Green Sheet � l0 � � 3(e ORDINANCE CITY OF SAINT PAUL, MINNESOTA 33 Committee Dafe : 1 An Ordinance to provide for the collection of refuse and the 2 assessment and co[lection ofservice charges for such services. 3 4 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIPI: 5 6 Section 1 7 8 A new Chapter 32 of the Saint Paul Legislative Code is hereby enacted: 9 10 Chaoter 32. Collection of Municipal Solid Waste for residential properties and User 11 CharQe. i3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 32.01. FindinQS and,purnose The citv councii finds that some prooerty owners within the citv of Saint Paul fail to obtain earba2e collection services for their buildinea This failure results in an unsi�htiv and unsanttarv accumulation of refuse sometimes on vark ot boulevard prooerty_and vacant lots and m violat�on of Section 34.08. In some cases it burdens owners who do contract for refuse services because refuse is dumoed in refuse containers on their Qroperties Therefore it is the mtent of the citv council bv the adoption of sections 32 Ol throu�h 32 06 to require�arba2e services and to �moose and collect the costs associated with aQ rba�e service from those propertv owners who fail to obtain earbaee service The collection of such costs shall be bv assessment a�amst the real orone requirine the arbaQe service pursuant to Section 14 01 2 of the Saint Paul Charter, which emoowers the council to abate nuisances and collect the costs of such abatement bv soecial assessment NothinQ herein shall prevent the cin from using the authoritx and Drocedures 1n anv other Drovision of the charter citv ordinance or statute including but not !:»i:ted to Minnesota Statutes. ChaDter 429 as allowed by Section 14 0� o{the Saint Paul Charter. Section 32.02. Defiuitions. For the nuroose of this chanter the terms defined in this section shall have the meanings ascribed to them: �' ., , 35 Administrative costs. "Administrative costs" mean the fee to be im�osed for arbaee � 36 collection services. The fee includes but is not limited to the salaries ofcit ersonnel in settin � 4 5 6 7 uv earbaee service. the nrorata cost ofcit�quioment and the cost ofreoairine citv propertv and equipment. Q 1 _ l - Buildine. "Buildine" means a structure suita le for human shelter a commercial structure that ts mazntamed for business activiries that involve human occu ation and includes the real nrooertv on which the structure in located ner. "Owner" means the erson or ersons in whose name or names the buildin is ..I �L aL _ t� _ � . � lU �� 12 13 14 IS 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 s c�.rtd' K�ve�uE? municinat sotid wasfe in accordance with Section 34 11 and Section 357 OS(fl of the Code Said owner shall be resnons�ble and liable hereun@er ivhether or not the said owner occupies or resides 1n the buildine. and whether or not sazd buildine is leased or rented to another SecYion 32.04. Iusuection by enforcement officer• written notice ja) Written notice of violations When an enforcement officer conducts an inspection of a buiidin¢ and determines that a violation of Section 32 03 exists the enforcement officer shall in addrtion to anv other act�on the enforcement officer may undertake serve written notice ofthe v�oIahon in conformance wrth the reQUirements set forth in this chapter 1b) Notice for coltection of earba¢e service fees If the enforcement officer intends to initiate Qazbaee coliection services and collect the citv costs for such services then the written I�otice must state: L� L1 That if Yhe viotations are not corrected within the fime eriod or eriods reauired in the notice or if additional violations of Section 32 03 ate dtscovered bv enforcement officers within the next 12 months the citv mav nrovide eazbaee service to the building �ursuant to Section 357 07 The c�tv's costs in providiae refuse service for the prapertv will be collected from the owner or owners rather than bein aid b the tax pavers of the city and � r �� .(..� �� TL_a _.__L �_.__ . .... .. . as defined. - -� v �� v��va va V 111J1 V36 J mail at the�e�va address ofthe owner.. ��6FG�d 'CibE�(�5�,( �� I 1 zG �-�" �f Section 32.05. Initiation of garbage service � - ��P� of ��G�r�' �.f�ED 5 �a) If, after written notice has been served under Section 32 04 on the owner citv�� enforcement officers find violations of Section 32.03 which aze either new violations or the failure to comolv with orevious orders within the twelve (121 month period beeinnine on the date of service of the wntten nohce. the citv reserves the right to initiate a refuse collecfion service for the nropertv in accordance w�th Chanter 357 �l,i The earbaQe coitection service will commence after the compliance date listed on the onQinal notice or the date of noncompliance within the twelve-month neriod k8C tif l ��-1� or she must follow under the charter in order to appeal the assessments to the district court and ,. . - !fl Notice to owner(s) At least ten (101 davs before the hearine notice thereofshall be (21 Public heariny adoDtion ofassessment rotl On the date of public hearin the council shall meet to consider the ado�tion of the pro�osed service chazQes The council shall benefitted bv the service [ � 1� r 6lf e �LCT � �.°.. �4tc� !1�'�t E�h :s deemed � �, 6e.(`6rcc�s e`,�ts i ��sc�nee solution nfthe alonQ with current taxes f� �' J, ., {, � a �� _ _!. � �� n � {K '�t� �� lG �il ADneal. Within riventv (201 davs after adoption of the resolution adoptin¢ the service �� t charees, anv nerson aeeneved mav anoeal to the district court in the manner set forth in ha,pter 14 of the City Charter Section 2 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. � notice shall state the_date. time and place of hearing, the purpose of the hearine identifv the sennces orovided and the oro�artv to be asaessed a service charee therefor and shall state the vronosed rates of service charQes to be considered bv the council 2 � Exceoi as nrovided in naragraph (3) the a� rbaoe cotIection service wilI ° � � �4 3 continue until ihe owne�rovides'the citv with adequate proof that the 4 �arbaee will be coliected in accordance with Cha�ter 357 Upon ' presentation of such evidence the citv witl stop providing earbaQe setvice � for that buildinQ 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ^5 28 29 30 31 32 33 34 35 36 37 38 39 �3.� If a aronertv is transferred and the ciiv receives notice that transfer is recorded durine the Qarbage collection period the citv will terminate the �arba�e collection service when tfie new owner provides the city with proofof eazbaQe cotlection in accordance with Chapter 357 (b) The costs oforovidine such earbaee service shall be assessed a�aittst the property and collected as provtded in Section 32 06 (cl The costs for Qarbase collection service shall be a debt owed to the citv and shall be collected bv snecial assessment under the authority in Section 14 Ol 2 of the Saint Paul Citv Charter. {d) Action under this section does not preclude the use of anv other civil or criminal enforcement mechanism b the ci . Section_32.06 Cost; collection (al Costs, The costs of contractin� for such earbaQe services shall include the actual fees char¢ed bv licensed haulers for ¢arba�e collection as well as the citv's administrative costs associated with contractine with licensed refuse haulers to provide the service to vr�ertv owners. If the cttv nrovides ¢arbaee service pursuant to Section 357 07 the costs shall include the citv's costs itt nrovidinQ such a service to the propertv includine but not limited to administrative costs as defined in Section 32.02. D►v�5ivn n� �t rop�r�� for eazbaee services the name and address ofthe owner and costs assocaated withprovidine the services. �� r,��.�,��,�.d' ,d� n�S h� ��s� nee ,.... ^- -t _��_ 1 40 assessed a¢ainst each lot and narcel of oropertv benefitted from such senice Upon receiQ 41 thereof, the council sha(I bv resolution fix a date for a hearine before the ie�isiative hearine 42 officer oursaant to Section 32.06(d) and a date for pubtic hearina at which time the council shall 43 constder adoatin2 and lewine the service charQes The date ofpublic he2rinQ shall be at least 44 iwentv (201 davs after adop[ion of said resolution 45 46 �d)Le¢islative hearinQ o�cer Prior to the public hearine tbe leeislative hearin officer "� apvointed bv the counci[ vresident shall hold a meetin� to discuss the ass ssments to the affected Qropertv. The leeislative hearin2 officer mav submit to the councii a recommendation based on 49 infonnation obtained at such a meetine 50 � 51 (e) Notice o(cot�nci! hearinQ. Followine the adoption of the resolution provided in Adoptioa Certified by Couacil Secretary By: Approved by Mayor; Date ey: Requested by Department of: 8y; Foxm ApproVed by C' y Attozn Hy: ��P Approved by Ma r for Slibmission to C cil Hy: O\�\� � Adopted by Couacil: Date a f ' TMQ S sosc �� CONfACT % #' Rens MUSf BE Of, { �� f" t �uh��un e�yprove �n) pr nepa PIANNING CAMMISSION CIB COMMIT'fEE CML SERVICE COMM(SS(ON FW th& penoNfvtn w�r�wrimd un6r � ead�act br tM de0�7 . YES NO Fies Nk penorvlGm w�t bs.� � cRY �eepby�a9 YES NO �� D�+�m potsxs � r'd� rot mmdrypo�s�ad hY ��1/ R+ia�t dlY emO�oYee7 YF3 HO N Wa P�� 1�psbd wdcY7 VE9 . !K1 AMOUNTOFTRANSACiIONf C0.S7/REVFNUEBUOOETED(GRCLEqtE� YEt ►p 10 SOURCE ARryfiy NUMBR �L WFORtuTiOH (F)tPlNN11) • . . , �� _ .+ � wn rrtu�� . � � � s Office 3 Januar Zoo� 'GREEN.SHEET_ - tvo-_106136 t pFiONE � - - - � 266-8661 ,v m,.ew�o.�_ �l AGEf70A BY (OA7Fj Ili�101t ' 11lII��fIt1�01t d�Y�Tt01lIlY ❑ titTCtOK � RqRyq " ' ' O�lOF11 ❑ IM41CYLtYNICtl i ❑ IMYltl/il �fR1RIGCTi , . . • . ❑Y�'R'RI�YalTNR1 ❑ � 70TA1 * OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) Garbage Collection Ordinance ORIGlNAL Council File # _9 ��_ Ordinance # Green Sheez # l0 fe � 3(0 ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By 2 0 6 7 9 10 11 12 13 14 15` 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Referred To Committee Date : An Ordinance to provide for the collection of refuse and the assessment and collection ofservice charges for such services. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: �� YY�2.Y�c� e � — �at�w.r c�-y� 3c�Gt \ V Section 1 A new Chapter 32 of the Saint Paul Legislative Code is hereby enacted: Chauter 32. Collecfion of Municipal Solid Waste for residential properties and User Charge. Section 32.01. Findings and purpose. The citv council finds that some rp °pertv owners within the citv of Saint Paul faii to obtain Qarbage collection services for their buildinQS. This failure results in an unsi¢htly and unsanitary accumulation of refixse, sometimes on park or boulevard nro�eriv and vacant lots and in violation of Section 34.08. In some cases it burdens owners who do contract for refuse services because refuse is dumped in refuse containers on their �ro�erties. Therefore. it is the intent of the citv council, bv the adoption of secrions 32A1 through 32.06, to requixe gazbaee services and to imnose and collect the costs associated with earba¢e service from those propertv owners who fail to obtain garbage service. The collection of such costs shall be by assessment �ainst the real prope requiring the earba�e service.�ursuant to Section 14A 12 of the Saint Paul Charter, wkrich empowers the council to abate nuisances and collect the costs of such abatement bv special assessment. Nothing herein shttll prevent the c� from using the authoritv and procedures in an ov ther provision o,[the charter. cit�ordinance or statute. including but not Zimited to Minnesota Statutes. Chapter 429, as allowed bv Section 14.02 ofthe Saint Paul Charter. Section 32.02. Definitions. For the purpose of this chanter, the terms defined in this section shall have the meanings ascribed to them: Q �,�� Administrative costs. "Administrative costs" mean the fee to be nnnosed for azg ba�e � 1 • o� collection services. The fee includes but is not limited to, the salaries of cit�nersonnel in setting i up earbage service. the prorata cost of citv ec�ui�ment, and the cost of repairuie citypronertv and 2 equi ment. � �� q 3 4 BuildinQ 'Buildine," means a structure suitable for huxnan sheiter, a commercial 5 structure that is maintained for business activities that involve human occupation, and includes 6 the real nronertv on which the structure in located. 8 Owner. "Owner" means the person or persons in whose name or names the building is 9 recorded with the Raznsey Countv De�artment of Propertv �eke�for tasation �ur�oses. IQ Qacc�a.�c a� �c�tct��.�, 11 Section 32.03. Garba¢e Service. The owner of anybuildin se hall nrovide for the collecfion of 12 municipal solid waste in accordance with Secrion 34.11 and Secfion 357.05(f] of the Code. Said 13 owner shall be responsible and liable hereunder whether or not the said owner occupies or resides 14 in the buildin�, and whether or not said building is leased or rented to another. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Secrion 32.04. Inspection by enforcement officer; written notice. �) Written notice of violations. When an enfarcement officer conducts an inspection of a buildinQ and determines that a violation of Section 32.03 exists, the enfarcement officer shall, in addirion to anv other action the enforcement officer may undertake, serve written norice of the violation in conformance with the requirements set forth in this cha�ter. (bl Notice for collection of garbaee service fees. If the enforcement officer intends to iniriate garbaQe collecrion services and collect the city costs for such services, then the written notice must state: � That if the violations are not conected within the time �eriod or periods required in the notice, or if additional violations of Section 32.03 aze discovered bv enforcement officers within the next 12 months, the ci� may provide a.arba¢e service to the buildin¢�ursuant to Section 357.07. The citd s costs in providinQ refuse service for thepropertv will be collected from the owner or owners rather than being paid by the tax pavers of the city; and p � �.� �2� That such future costs will be collected bv assessment against ihe� as defined. (cl The written notice shall be served b�personal service on the owner or bv first class mail at the�ast�a�e�n-address of the owner o.«�:.w k� -Eti��,, co.:...�, D��p�. Secrion 32.05. Initiation of garbage service. �) If, after written notice has been served under Section 32.04 on the owner, cit� enforcement officers find violations of Section 32.03 which are either new violations or the failure to comply with previous orders within the twelve (12� month period be�nnin¢ on the date of service of the written notice, the city reserves the right to initiate a refuse collection service for the �ro�ertv in accordance with Chapter 357. � The earbaQe collection service will commence after the compliance date listed on the oripinal notice or the date ofnoncompliance within the twelve-month period. Q� i 2 � Except as provided in para�ranh (3), the �arbage collection service will 3 continue until the owner provides the citv with adequate proof that the 4 garbage will be coilected in accordance with Chapter 357. Upon 5 presentatian of such evidence, the citv will stop providing �arbas?e service 6 for thatbuilding. 10 11 12 13 14 15 � If a�rogertv is transferred and the city receives norice that iransfer is recorded durine thegarbaQe collection period, the citv will teiminate the arg bage coliection service when the new owner provides the citv with proof of �azbaee collection in accordance with Chapter 357. (bl The costs of providing such gazba�e service shall be assessed against the,�zouertv and collected as nrovided in Section 32.06. 16 �cl The costs for eazba�e collection service shall be a debt owed to the citv and shall be 17 collected by special assessment under the authoritkin Section 14A1.2 of the Saint Paul Citv 18 Charter. 19 20 21 22 23 24 (dl Acrion under this section does not preclude the use of any other civil or criminal enforcement mechanism bkthe citv. Section 32.06 Cost: collection 25 (a) Costs. The costs of conlractin�far such Qarbage services shall include the actual fees 26 chazged bv licensed haulers for garba�e collection as well as the citv's administrative costs 27 associated with conh with licensed refuse haulers to nrovide the service to propertv 28 owners. If ihe city provides �arbag_e service pursuant to Secrion 357A7, the costs shall include 29 the city's costs in nrovidin¢ such a service to the �rovertv inciuding, but not limited to 30 administrarive costs as defined in Section 32.02. 31 D`,�;s;ar., a� a�aa� 32 33 34 35 36 37 38 39 40 41 42 43 44 45 for ,g�ba�e services, the name and address of the owner, and costs associated with �rovidinQ the service to the �ropeity owner, and shall report such information to the director of financial services. T�c�aw\o,�1wv�� N�c.vw e � , _or h.s�h�cd� cost of garbaee services provided during the previous �ear and the nortion of such costs to be assessed a¢ainst each lot and parcel of uropertv benefitted from such service. Upon recei�t thereof the council shall by resolution fix a date for a hearine before the legislative hearing officer pursuant to Secrion 32.06(d) and a date far public hearin¢ at which time the council shall consider adopting and lev�nng the service charees. The date of �ublic hearine shall be at least twenty �201 davs after adontion of said resolution. 46 (d)Legislative hearing o�cen Prior to the public hearine, the leeislative hearin�officer 47 aupointed bv the council president shall hold a meeting to discuss the assessments to the affected 48 propertv. The legislative hearine officer mav submit to the council a recommendation based on 49 information obtained at such a meetine. 6 � - l`l 50 51 (e Notice of council hearing. Followinp the ado�tion of the resolution �rovided in 2 dailv newspaper of the city at least five LZdays nrior to the public hearing before council. The 3 notice shall state the date. time and place of hearing, thepmpose of the hearin , identify the 4 services nrovided and the pro�er[v to be assessed a service charge therefor and shall state the 5 proposed rates of service chaz�es to be considered bv the council. 6 7 (fl Notice to ownerts). At least ten f 101 davs before the hearing, norice thereof shall be 8 mailed bY first class mail to everv lrnown owner subiect to the assessment . at his or her last 9 l�own address. Such nofice shall also inform the recipient of the notice (i) of the procedures he 10 or she must follow under the charter in order to appeal the assessments to the district court, and ll (ii) of the provision of Minnesota Statutes_ Section 435193 to 435.195 and the existence of an� 12 deferment procedure established pursuant thereto. 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 o� -�`l (gl PubZic hearingLadoQtion ofassessment ro11. On the date of public hearing the council shall meet to consider the adovtion of the proposed service charges. The council shall hear all interested parties conceming the proposed chazges. At such meerine or at anv adjonmment thereof. the council mav amend the proposed service chazges. and shall, by resolution, adopt the service chazees as a special assessment against the properties deemed benefitted by the service. � _ Q`c��ro Tccc�i.rw\csv "-'^�. M.�r.o.a�m<v�Scrv,�aS Cr <r E �5 0.hd ¢ � aV�v. C.� �ar along with current taYes. d �y �'�4� ��.e. 6 '. r�s't 27 (i) Appeal. Within twenty (20) davs after adoption of the resolution adopting the service 28 char eg s_any person aegrieved mav appeal to the district court in the manner set forth in Cha t�er 29 14 of the City Charter. 30 31 32 33 Secfion 2 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publicarion. Requested by Department of: 0 ��`� By: Form Approved by C' y Attorn By_ � " Approved by Ma or Eox Submission to Co cil sy: � . g � sr � By' Approved by Mayor: Date � G`I �-s!Y( By: PUB»S�F_D �t 1 '�1 ORIGINAL Adopted by Covncil: nate �� ap�'� i Adoption Certified by Council Secretary �� o �-�� Council File #�� Ordinance # Presented By Refened To Green Sheet � l0 � � 3(e ORDINANCE CITY OF SAINT PAUL, MINNESOTA 33 Committee Dafe : 1 An Ordinance to provide for the collection of refuse and the 2 assessment and co[lection ofservice charges for such services. 3 4 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIPI: 5 6 Section 1 7 8 A new Chapter 32 of the Saint Paul Legislative Code is hereby enacted: 9 10 Chaoter 32. Collection of Municipal Solid Waste for residential properties and User 11 CharQe. i3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 32.01. FindinQS and,purnose The citv councii finds that some prooerty owners within the citv of Saint Paul fail to obtain earba2e collection services for their buildinea This failure results in an unsi�htiv and unsanttarv accumulation of refuse sometimes on vark ot boulevard prooerty_and vacant lots and m violat�on of Section 34.08. In some cases it burdens owners who do contract for refuse services because refuse is dumoed in refuse containers on their Qroperties Therefore it is the mtent of the citv council bv the adoption of sections 32 Ol throu�h 32 06 to require�arba2e services and to �moose and collect the costs associated with aQ rba�e service from those propertv owners who fail to obtain earbaee service The collection of such costs shall be bv assessment a�amst the real orone requirine the arbaQe service pursuant to Section 14 01 2 of the Saint Paul Charter, which emoowers the council to abate nuisances and collect the costs of such abatement bv soecial assessment NothinQ herein shall prevent the cin from using the authoritx and Drocedures 1n anv other Drovision of the charter citv ordinance or statute including but not !:»i:ted to Minnesota Statutes. ChaDter 429 as allowed by Section 14 0� o{the Saint Paul Charter. Section 32.02. Defiuitions. For the nuroose of this chanter the terms defined in this section shall have the meanings ascribed to them: �' ., , 35 Administrative costs. "Administrative costs" mean the fee to be im�osed for arbaee � 36 collection services. The fee includes but is not limited to the salaries ofcit ersonnel in settin � 4 5 6 7 uv earbaee service. the nrorata cost ofcit�quioment and the cost ofreoairine citv propertv and equipment. Q 1 _ l - Buildine. "Buildine" means a structure suita le for human shelter a commercial structure that ts mazntamed for business activiries that involve human occu ation and includes the real nrooertv on which the structure in located ner. "Owner" means the erson or ersons in whose name or names the buildin is ..I �L aL _ t� _ � . � lU �� 12 13 14 IS 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 s c�.rtd' K�ve�uE? municinat sotid wasfe in accordance with Section 34 11 and Section 357 OS(fl of the Code Said owner shall be resnons�ble and liable hereun@er ivhether or not the said owner occupies or resides 1n the buildine. and whether or not sazd buildine is leased or rented to another SecYion 32.04. Iusuection by enforcement officer• written notice ja) Written notice of violations When an enforcement officer conducts an inspection of a buiidin¢ and determines that a violation of Section 32 03 exists the enforcement officer shall in addrtion to anv other act�on the enforcement officer may undertake serve written notice ofthe v�oIahon in conformance wrth the reQUirements set forth in this chapter 1b) Notice for coltection of earba¢e service fees If the enforcement officer intends to initiate Qazbaee coliection services and collect the citv costs for such services then the written I�otice must state: L� L1 That if Yhe viotations are not corrected within the fime eriod or eriods reauired in the notice or if additional violations of Section 32 03 ate dtscovered bv enforcement officers within the next 12 months the citv mav nrovide eazbaee service to the building �ursuant to Section 357 07 The c�tv's costs in providiae refuse service for the prapertv will be collected from the owner or owners rather than bein aid b the tax pavers of the city and � r �� .(..� �� TL_a _.__L �_.__ . .... .. . as defined. - -� v �� v��va va V 111J1 V36 J mail at the�e�va address ofthe owner.. ��6FG�d 'CibE�(�5�,( �� I 1 zG �-�" �f Section 32.05. Initiation of garbage service � - ��P� of ��G�r�' �.f�ED 5 �a) If, after written notice has been served under Section 32 04 on the owner citv�� enforcement officers find violations of Section 32.03 which aze either new violations or the failure to comolv with orevious orders within the twelve (121 month period beeinnine on the date of service of the wntten nohce. the citv reserves the right to initiate a refuse collecfion service for the nropertv in accordance w�th Chanter 357 �l,i The earbaQe coitection service will commence after the compliance date listed on the onQinal notice or the date of noncompliance within the twelve-month neriod k8C tif l ��-1� or she must follow under the charter in order to appeal the assessments to the district court and ,. . - !fl Notice to owner(s) At least ten (101 davs before the hearine notice thereofshall be (21 Public heariny adoDtion ofassessment rotl On the date of public hearin the council shall meet to consider the ado�tion of the pro�osed service chazQes The council shall benefitted bv the service [ � 1� r 6lf e �LCT � �.°.. �4tc� !1�'�t E�h :s deemed � �, 6e.(`6rcc�s e`,�ts i ��sc�nee solution nfthe alonQ with current taxes f� �' J, ., {, � a �� _ _!. � �� n � {K '�t� �� lG �il ADneal. Within riventv (201 davs after adoption of the resolution adoptin¢ the service �� t charees, anv nerson aeeneved mav anoeal to the district court in the manner set forth in ha,pter 14 of the City Charter Section 2 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. � notice shall state the_date. time and place of hearing, the purpose of the hearine identifv the sennces orovided and the oro�artv to be asaessed a service charee therefor and shall state the vronosed rates of service charQes to be considered bv the council 2 � Exceoi as nrovided in naragraph (3) the a� rbaoe cotIection service wilI ° � � �4 3 continue until ihe owne�rovides'the citv with adequate proof that the 4 �arbaee will be coliected in accordance with Cha�ter 357 Upon ' presentation of such evidence the citv witl stop providing earbaQe setvice � for that buildinQ 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ^5 28 29 30 31 32 33 34 35 36 37 38 39 �3.� If a aronertv is transferred and the ciiv receives notice that transfer is recorded durine the Qarbage collection period the citv will terminate the �arba�e collection service when tfie new owner provides the city with proofof eazbaQe cotlection in accordance with Chapter 357 (b) The costs oforovidine such earbaee service shall be assessed a�aittst the property and collected as provtded in Section 32 06 (cl The costs for Qarbase collection service shall be a debt owed to the citv and shall be collected bv snecial assessment under the authority in Section 14 Ol 2 of the Saint Paul Citv Charter. {d) Action under this section does not preclude the use of anv other civil or criminal enforcement mechanism b the ci . Section_32.06 Cost; collection (al Costs, The costs of contractin� for such earbaQe services shall include the actual fees char¢ed bv licensed haulers for ¢arba�e collection as well as the citv's administrative costs associated with contractine with licensed refuse haulers to provide the service to vr�ertv owners. If the cttv nrovides ¢arbaee service pursuant to Section 357 07 the costs shall include the citv's costs itt nrovidinQ such a service to the propertv includine but not limited to administrative costs as defined in Section 32.02. D►v�5ivn n� �t rop�r�� for eazbaee services the name and address ofthe owner and costs assocaated withprovidine the services. �� r,��.�,��,�.d' ,d� n�S h� ��s� nee ,.... ^- -t _��_ 1 40 assessed a¢ainst each lot and narcel of oropertv benefitted from such senice Upon receiQ 41 thereof, the council sha(I bv resolution fix a date for a hearine before the ie�isiative hearine 42 officer oursaant to Section 32.06(d) and a date for pubtic hearina at which time the council shall 43 constder adoatin2 and lewine the service charQes The date ofpublic he2rinQ shall be at least 44 iwentv (201 davs after adop[ion of said resolution 45 46 �d)Le¢islative hearinQ o�cer Prior to the public hearine tbe leeislative hearin officer "� apvointed bv the counci[ vresident shall hold a meetin� to discuss the ass ssments to the affected Qropertv. The leeislative hearin2 officer mav submit to the councii a recommendation based on 49 infonnation obtained at such a meetine 50 � 51 (e) Notice o(cot�nci! hearinQ. Followine the adoption of the resolution provided in Adoptioa Certified by Couacil Secretary By: Approved by Mayor; Date ey: Requested by Department of: 8y; Foxm ApproVed by C' y Attozn Hy: ��P Approved by Ma r for Slibmission to C cil Hy: O\�\� � Adopted by Couacil: Date a f ' TMQ S sosc �� CONfACT % #' Rens MUSf BE Of, { �� f" t �uh��un e�yprove �n) pr nepa PIANNING CAMMISSION CIB COMMIT'fEE CML SERVICE COMM(SS(ON FW th& penoNfvtn w�r�wrimd un6r � ead�act br tM de0�7 . YES NO Fies Nk penorvlGm w�t bs.� � cRY �eepby�a9 YES NO �� D�+�m potsxs � r'd� rot mmdrypo�s�ad hY ��1/ R+ia�t dlY emO�oYee7 YF3 HO N Wa P�� 1�psbd wdcY7 VE9 . !K1 AMOUNTOFTRANSACiIONf C0.S7/REVFNUEBUOOETED(GRCLEqtE� YEt ►p 10 SOURCE ARryfiy NUMBR �L WFORtuTiOH (F)tPlNN11) • . . , �� _ .+ � wn rrtu�� . � � � s Office 3 Januar Zoo� 'GREEN.SHEET_ - tvo-_106136 t pFiONE � - - - � 266-8661 ,v m,.ew�o.�_ �l AGEf70A BY (OA7Fj Ili�101t ' 11lII��fIt1�01t d�Y�Tt01lIlY ❑ titTCtOK � RqRyq " ' ' O�lOF11 ❑ IM41CYLtYNICtl i ❑ IMYltl/il �fR1RIGCTi , . . • . ❑Y�'R'RI�YalTNR1 ❑ � 70TA1 * OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) Garbage Collection Ordinance ORIGlNAL Council File # _9 ��_ Ordinance # Green Sheez # l0 fe � 3(0 ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By 2 0 6 7 9 10 11 12 13 14 15` 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Referred To Committee Date : An Ordinance to provide for the collection of refuse and the assessment and collection ofservice charges for such services. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: �� YY�2.Y�c� e � — �at�w.r c�-y� 3c�Gt \ V Section 1 A new Chapter 32 of the Saint Paul Legislative Code is hereby enacted: Chauter 32. Collecfion of Municipal Solid Waste for residential properties and User Charge. Section 32.01. Findings and purpose. The citv council finds that some rp °pertv owners within the citv of Saint Paul faii to obtain Qarbage collection services for their buildinQS. This failure results in an unsi¢htly and unsanitary accumulation of refixse, sometimes on park or boulevard nro�eriv and vacant lots and in violation of Section 34.08. In some cases it burdens owners who do contract for refuse services because refuse is dumped in refuse containers on their �ro�erties. Therefore. it is the intent of the citv council, bv the adoption of secrions 32A1 through 32.06, to requixe gazbaee services and to imnose and collect the costs associated with earba¢e service from those propertv owners who fail to obtain garbage service. The collection of such costs shall be by assessment �ainst the real prope requiring the earba�e service.�ursuant to Section 14A 12 of the Saint Paul Charter, wkrich empowers the council to abate nuisances and collect the costs of such abatement bv special assessment. Nothing herein shttll prevent the c� from using the authoritv and procedures in an ov ther provision o,[the charter. cit�ordinance or statute. including but not Zimited to Minnesota Statutes. Chapter 429, as allowed bv Section 14.02 ofthe Saint Paul Charter. Section 32.02. Definitions. For the purpose of this chanter, the terms defined in this section shall have the meanings ascribed to them: Q �,�� Administrative costs. "Administrative costs" mean the fee to be nnnosed for azg ba�e � 1 • o� collection services. The fee includes but is not limited to, the salaries of cit�nersonnel in setting i up earbage service. the prorata cost of citv ec�ui�ment, and the cost of repairuie citypronertv and 2 equi ment. � �� q 3 4 BuildinQ 'Buildine," means a structure suitable for huxnan sheiter, a commercial 5 structure that is maintained for business activities that involve human occupation, and includes 6 the real nronertv on which the structure in located. 8 Owner. "Owner" means the person or persons in whose name or names the building is 9 recorded with the Raznsey Countv De�artment of Propertv �eke�for tasation �ur�oses. IQ Qacc�a.�c a� �c�tct��.�, 11 Section 32.03. Garba¢e Service. The owner of anybuildin se hall nrovide for the collecfion of 12 municipal solid waste in accordance with Secrion 34.11 and Secfion 357.05(f] of the Code. Said 13 owner shall be responsible and liable hereunder whether or not the said owner occupies or resides 14 in the buildin�, and whether or not said building is leased or rented to another. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Secrion 32.04. Inspection by enforcement officer; written notice. �) Written notice of violations. When an enfarcement officer conducts an inspection of a buildinQ and determines that a violation of Section 32.03 exists, the enfarcement officer shall, in addirion to anv other action the enforcement officer may undertake, serve written norice of the violation in conformance with the requirements set forth in this cha�ter. (bl Notice for collection of garbaee service fees. If the enforcement officer intends to iniriate garbaQe collecrion services and collect the city costs for such services, then the written notice must state: � That if the violations are not conected within the time �eriod or periods required in the notice, or if additional violations of Section 32.03 aze discovered bv enforcement officers within the next 12 months, the ci� may provide a.arba¢e service to the buildin¢�ursuant to Section 357.07. The citd s costs in providinQ refuse service for thepropertv will be collected from the owner or owners rather than being paid by the tax pavers of the city; and p � �.� �2� That such future costs will be collected bv assessment against ihe� as defined. (cl The written notice shall be served b�personal service on the owner or bv first class mail at the�ast�a�e�n-address of the owner o.«�:.w k� -Eti��,, co.:...�, D��p�. Secrion 32.05. Initiation of garbage service. �) If, after written notice has been served under Section 32.04 on the owner, cit� enforcement officers find violations of Section 32.03 which are either new violations or the failure to comply with previous orders within the twelve (12� month period be�nnin¢ on the date of service of the written notice, the city reserves the right to initiate a refuse collection service for the �ro�ertv in accordance with Chapter 357. � The earbaQe collection service will commence after the compliance date listed on the oripinal notice or the date ofnoncompliance within the twelve-month period. Q� i 2 � Except as provided in para�ranh (3), the �arbage collection service will 3 continue until the owner provides the citv with adequate proof that the 4 garbage will be coilected in accordance with Chapter 357. Upon 5 presentatian of such evidence, the citv will stop providing �arbas?e service 6 for thatbuilding. 10 11 12 13 14 15 � If a�rogertv is transferred and the city receives norice that iransfer is recorded durine thegarbaQe collection period, the citv will teiminate the arg bage coliection service when the new owner provides the citv with proof of �azbaee collection in accordance with Chapter 357. (bl The costs of providing such gazba�e service shall be assessed against the,�zouertv and collected as nrovided in Section 32.06. 16 �cl The costs for eazba�e collection service shall be a debt owed to the citv and shall be 17 collected by special assessment under the authoritkin Section 14A1.2 of the Saint Paul Citv 18 Charter. 19 20 21 22 23 24 (dl Acrion under this section does not preclude the use of any other civil or criminal enforcement mechanism bkthe citv. Section 32.06 Cost: collection 25 (a) Costs. The costs of conlractin�far such Qarbage services shall include the actual fees 26 chazged bv licensed haulers for garba�e collection as well as the citv's administrative costs 27 associated with conh with licensed refuse haulers to nrovide the service to propertv 28 owners. If ihe city provides �arbag_e service pursuant to Secrion 357A7, the costs shall include 29 the city's costs in nrovidin¢ such a service to the �rovertv inciuding, but not limited to 30 administrarive costs as defined in Section 32.02. 31 D`,�;s;ar., a� a�aa� 32 33 34 35 36 37 38 39 40 41 42 43 44 45 for ,g�ba�e services, the name and address of the owner, and costs associated with �rovidinQ the service to the �ropeity owner, and shall report such information to the director of financial services. T�c�aw\o,�1wv�� N�c.vw e � , _or h.s�h�cd� cost of garbaee services provided during the previous �ear and the nortion of such costs to be assessed a¢ainst each lot and parcel of uropertv benefitted from such service. Upon recei�t thereof the council shall by resolution fix a date for a hearine before the legislative hearing officer pursuant to Secrion 32.06(d) and a date far public hearin¢ at which time the council shall consider adopting and lev�nng the service charees. The date of �ublic hearine shall be at least twenty �201 davs after adontion of said resolution. 46 (d)Legislative hearing o�cen Prior to the public hearine, the leeislative hearin�officer 47 aupointed bv the council president shall hold a meeting to discuss the assessments to the affected 48 propertv. The legislative hearine officer mav submit to the council a recommendation based on 49 information obtained at such a meetine. 6 � - l`l 50 51 (e Notice of council hearing. Followinp the ado�tion of the resolution �rovided in 2 dailv newspaper of the city at least five LZdays nrior to the public hearing before council. The 3 notice shall state the date. time and place of hearing, thepmpose of the hearin , identify the 4 services nrovided and the pro�er[v to be assessed a service charge therefor and shall state the 5 proposed rates of service chaz�es to be considered bv the council. 6 7 (fl Notice to ownerts). At least ten f 101 davs before the hearing, norice thereof shall be 8 mailed bY first class mail to everv lrnown owner subiect to the assessment . at his or her last 9 l�own address. Such nofice shall also inform the recipient of the notice (i) of the procedures he 10 or she must follow under the charter in order to appeal the assessments to the district court, and ll (ii) of the provision of Minnesota Statutes_ Section 435193 to 435.195 and the existence of an� 12 deferment procedure established pursuant thereto. 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 o� -�`l (gl PubZic hearingLadoQtion ofassessment ro11. On the date of public hearing the council shall meet to consider the adovtion of the proposed service charges. The council shall hear all interested parties conceming the proposed chazges. At such meerine or at anv adjonmment thereof. the council mav amend the proposed service chazges. and shall, by resolution, adopt the service chazees as a special assessment against the properties deemed benefitted by the service. � _ Q`c��ro Tccc�i.rw\csv "-'^�. M.�r.o.a�m<v�Scrv,�aS Cr <r E �5 0.hd ¢ � aV�v. C.� �ar along with current taYes. d �y �'�4� ��.e. 6 '. r�s't 27 (i) Appeal. Within twenty (20) davs after adoption of the resolution adopting the service 28 char eg s_any person aegrieved mav appeal to the district court in the manner set forth in Cha t�er 29 14 of the City Charter. 30 31 32 33 Secfion 2 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publicarion. Requested by Department of: 0 ��`� By: Form Approved by C' y Attorn By_ � " Approved by Ma or Eox Submission to Co cil sy: � . g � sr � By' Approved by Mayor: Date � G`I �-s!Y( By: PUB»S�F_D �t 1 '�1 ORIGINAL Adopted by Covncil: nate �� ap�'� i Adoption Certified by Council Secretary �� o �-�� Council File #�� Ordinance # Presented By Refened To Green Sheet � l0 � � 3(e ORDINANCE CITY OF SAINT PAUL, MINNESOTA 33 Committee Dafe : 1 An Ordinance to provide for the collection of refuse and the 2 assessment and co[lection ofservice charges for such services. 3 4 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIPI: 5 6 Section 1 7 8 A new Chapter 32 of the Saint Paul Legislative Code is hereby enacted: 9 10 Chaoter 32. Collection of Municipal Solid Waste for residential properties and User 11 CharQe. i3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 32.01. FindinQS and,purnose The citv councii finds that some prooerty owners within the citv of Saint Paul fail to obtain earba2e collection services for their buildinea This failure results in an unsi�htiv and unsanttarv accumulation of refuse sometimes on vark ot boulevard prooerty_and vacant lots and m violat�on of Section 34.08. In some cases it burdens owners who do contract for refuse services because refuse is dumoed in refuse containers on their Qroperties Therefore it is the mtent of the citv council bv the adoption of sections 32 Ol throu�h 32 06 to require�arba2e services and to �moose and collect the costs associated with aQ rba�e service from those propertv owners who fail to obtain earbaee service The collection of such costs shall be bv assessment a�amst the real orone requirine the arbaQe service pursuant to Section 14 01 2 of the Saint Paul Charter, which emoowers the council to abate nuisances and collect the costs of such abatement bv soecial assessment NothinQ herein shall prevent the cin from using the authoritx and Drocedures 1n anv other Drovision of the charter citv ordinance or statute including but not !:»i:ted to Minnesota Statutes. ChaDter 429 as allowed by Section 14 0� o{the Saint Paul Charter. Section 32.02. Defiuitions. For the nuroose of this chanter the terms defined in this section shall have the meanings ascribed to them: �' ., , 35 Administrative costs. "Administrative costs" mean the fee to be im�osed for arbaee � 36 collection services. The fee includes but is not limited to the salaries ofcit ersonnel in settin � 4 5 6 7 uv earbaee service. the nrorata cost ofcit�quioment and the cost ofreoairine citv propertv and equipment. Q 1 _ l - Buildine. "Buildine" means a structure suita le for human shelter a commercial structure that ts mazntamed for business activiries that involve human occu ation and includes the real nrooertv on which the structure in located ner. "Owner" means the erson or ersons in whose name or names the buildin is ..I �L aL _ t� _ � . � lU �� 12 13 14 IS 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 s c�.rtd' K�ve�uE? municinat sotid wasfe in accordance with Section 34 11 and Section 357 OS(fl of the Code Said owner shall be resnons�ble and liable hereun@er ivhether or not the said owner occupies or resides 1n the buildine. and whether or not sazd buildine is leased or rented to another SecYion 32.04. Iusuection by enforcement officer• written notice ja) Written notice of violations When an enforcement officer conducts an inspection of a buiidin¢ and determines that a violation of Section 32 03 exists the enforcement officer shall in addrtion to anv other act�on the enforcement officer may undertake serve written notice ofthe v�oIahon in conformance wrth the reQUirements set forth in this chapter 1b) Notice for coltection of earba¢e service fees If the enforcement officer intends to initiate Qazbaee coliection services and collect the citv costs for such services then the written I�otice must state: L� L1 That if Yhe viotations are not corrected within the fime eriod or eriods reauired in the notice or if additional violations of Section 32 03 ate dtscovered bv enforcement officers within the next 12 months the citv mav nrovide eazbaee service to the building �ursuant to Section 357 07 The c�tv's costs in providiae refuse service for the prapertv will be collected from the owner or owners rather than bein aid b the tax pavers of the city and � r �� .(..� �� TL_a _.__L �_.__ . .... .. . as defined. - -� v �� v��va va V 111J1 V36 J mail at the�e�va address ofthe owner.. ��6FG�d 'CibE�(�5�,( �� I 1 zG �-�" �f Section 32.05. Initiation of garbage service � - ��P� of ��G�r�' �.f�ED 5 �a) If, after written notice has been served under Section 32 04 on the owner citv�� enforcement officers find violations of Section 32.03 which aze either new violations or the failure to comolv with orevious orders within the twelve (121 month period beeinnine on the date of service of the wntten nohce. the citv reserves the right to initiate a refuse collecfion service for the nropertv in accordance w�th Chanter 357 �l,i The earbaQe coitection service will commence after the compliance date listed on the onQinal notice or the date of noncompliance within the twelve-month neriod k8C tif l ��-1� or she must follow under the charter in order to appeal the assessments to the district court and ,. . - !fl Notice to owner(s) At least ten (101 davs before the hearine notice thereofshall be (21 Public heariny adoDtion ofassessment rotl On the date of public hearin the council shall meet to consider the ado�tion of the pro�osed service chazQes The council shall benefitted bv the service [ � 1� r 6lf e �LCT � �.°.. �4tc� !1�'�t E�h :s deemed � �, 6e.(`6rcc�s e`,�ts i ��sc�nee solution nfthe alonQ with current taxes f� �' J, ., {, � a �� _ _!. � �� n � {K '�t� �� lG �il ADneal. Within riventv (201 davs after adoption of the resolution adoptin¢ the service �� t charees, anv nerson aeeneved mav anoeal to the district court in the manner set forth in ha,pter 14 of the City Charter Section 2 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. � notice shall state the_date. time and place of hearing, the purpose of the hearine identifv the sennces orovided and the oro�artv to be asaessed a service charee therefor and shall state the vronosed rates of service charQes to be considered bv the council 2 � Exceoi as nrovided in naragraph (3) the a� rbaoe cotIection service wilI ° � � �4 3 continue until ihe owne�rovides'the citv with adequate proof that the 4 �arbaee will be coliected in accordance with Cha�ter 357 Upon ' presentation of such evidence the citv witl stop providing earbaQe setvice � for that buildinQ 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ^5 28 29 30 31 32 33 34 35 36 37 38 39 �3.� If a aronertv is transferred and the ciiv receives notice that transfer is recorded durine the Qarbage collection period the citv will terminate the �arba�e collection service when tfie new owner provides the city with proofof eazbaQe cotlection in accordance with Chapter 357 (b) The costs oforovidine such earbaee service shall be assessed a�aittst the property and collected as provtded in Section 32 06 (cl The costs for Qarbase collection service shall be a debt owed to the citv and shall be collected bv snecial assessment under the authority in Section 14 Ol 2 of the Saint Paul Citv Charter. {d) Action under this section does not preclude the use of anv other civil or criminal enforcement mechanism b the ci . Section_32.06 Cost; collection (al Costs, The costs of contractin� for such earbaQe services shall include the actual fees char¢ed bv licensed haulers for ¢arba�e collection as well as the citv's administrative costs associated with contractine with licensed refuse haulers to provide the service to vr�ertv owners. If the cttv nrovides ¢arbaee service pursuant to Section 357 07 the costs shall include the citv's costs itt nrovidinQ such a service to the propertv includine but not limited to administrative costs as defined in Section 32.02. D►v�5ivn n� �t rop�r�� for eazbaee services the name and address ofthe owner and costs assocaated withprovidine the services. �� r,��.�,��,�.d' ,d� n�S h� ��s� nee ,.... ^- -t _��_ 1 40 assessed a¢ainst each lot and narcel of oropertv benefitted from such senice Upon receiQ 41 thereof, the council sha(I bv resolution fix a date for a hearine before the ie�isiative hearine 42 officer oursaant to Section 32.06(d) and a date for pubtic hearina at which time the council shall 43 constder adoatin2 and lewine the service charQes The date ofpublic he2rinQ shall be at least 44 iwentv (201 davs after adop[ion of said resolution 45 46 �d)Le¢islative hearinQ o�cer Prior to the public hearine tbe leeislative hearin officer "� apvointed bv the counci[ vresident shall hold a meetin� to discuss the ass ssments to the affected Qropertv. The leeislative hearin2 officer mav submit to the councii a recommendation based on 49 infonnation obtained at such a meetine 50 � 51 (e) Notice o(cot�nci! hearinQ. Followine the adoption of the resolution provided in Adoptioa Certified by Couacil Secretary By: Approved by Mayor; Date ey: Requested by Department of: 8y; Foxm ApproVed by C' y Attozn Hy: ��P Approved by Ma r for Slibmission to C cil Hy: O\�\� � Adopted by Couacil: Date a f ' TMQ S sosc �� CONfACT % #' Rens MUSf BE Of, { �� f" t �uh��un e�yprove �n) pr nepa PIANNING CAMMISSION CIB COMMIT'fEE CML SERVICE COMM(SS(ON FW th& penoNfvtn w�r�wrimd un6r � ead�act br tM de0�7 . YES NO Fies Nk penorvlGm w�t bs.� � cRY �eepby�a9 YES NO �� D�+�m potsxs � r'd� rot mmdrypo�s�ad hY ��1/ R+ia�t dlY emO�oYee7 YF3 HO N Wa P�� 1�psbd wdcY7 VE9 . !K1 AMOUNTOFTRANSACiIONf C0.S7/REVFNUEBUOOETED(GRCLEqtE� YEt ►p 10 SOURCE ARryfiy NUMBR �L WFORtuTiOH (F)tPlNN11) • . . , �� _ .+ � wn rrtu�� . � � � s Office 3 Januar Zoo� 'GREEN.SHEET_ - tvo-_106136 t pFiONE � - - - � 266-8661 ,v m,.ew�o.�_ �l AGEf70A BY (OA7Fj Ili�101t ' 11lII��fIt1�01t d�Y�Tt01lIlY ❑ titTCtOK � RqRyq " ' ' O�lOF11 ❑ IM41CYLtYNICtl i ❑ IMYltl/il �fR1RIGCTi , . . • . ❑Y�'R'RI�YalTNR1 ❑ � 70TA1 * OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) Garbage Collection Ordinance