2/11/2013 12:49:00 PM ORDINANCE NO. 112, 2ND SERIES
AN ORDINANCE OF THE CITY OF DODGE CENTER, MINNESOTA,
AMENDING CITY CODE CHAPTER 8 ENTITLED "CHAPTER 8 OTHER BUSINESS REGULATION AND LICENSING"
BY CHANGING PROVISIONS RELATING TO HAULER LICENSEE REQUIREMENTS
ORDINANCE NO. 112, 2ND SERIES
AN ORDINANCE OF THE CITY OF DODGE CENTER, MINNESOTA,
AMENDING CITY CODE CHAPTER 8 ENTITLED
"CHAPTER 8 OTHER BUSINESS REGULATION AND LICENSING"
BY CHANGING PROVISIONS RELATING TO
HAULER LICENSEE REQUIREMENTS
SECTION 1. The Dodge Center City Council Ordains existing City Code, Section 8.25 entitled "Garbage and Refuse Haulers" is hereby repealed in its entirety and is amended to read:
SEC. 8.25. GARBAGE AND REFUSE HAULERS.
Subd. l. Definitions. The following terms, as used in this Section, shall have the meanings stated:
A. "Garbage" means all putrescible wastes, including animal offal and carcasses of dead animals but excluding human excreta, sewage and other water carried wastes.
B. "Other refuse" means ashes, glass, crockery, cans, paper, boxes, rags and similar non putrescible wastes but excluding sand, earth, brick, stone, concrete, trees, tree branches and wood.
C. "Residential solid waste collection service(s)" means the collection, for disposal, of garbage and other refuse from residential properties in the City
D. "Rates" means the amount charged by a garbage and refuse hauler for solid waste collection services and recycling collection services. It includes any fuel or environmental fees, charges, or surcharges billed by a refuse hauler as well as any termination of service fees, trash can collection fees or any other fees or charges. It does not include taxes.
Subd. 2. License Required. It is unlawful for any person to haul garbage or other refuse for hire without a license therefore from the City, or to haul garbage or other refuse from his own residence or business property other than as herein excepted.
Subd. 3. Exception. Nothing in this Section shall prevent persons from hauling garbage or other refuse from their own residences or business properties provided the following rules are observed: (l) that all garbage is hauled in containers that are water tight on all sides and the bottom and with tight fitting covers on top, (2) that all other refuse is hauled in vehicles with leak proof bodies and completely covered or enclosed by canvas or other means or material so as to completely eliminate the possibility of loss of cargo, and, (3) that all garbage and other refuse shall be disposed of at a licensed sanitary landfill.
Subd. 4. Hauler Licensee Requirements.
A. Hauler licenses shall be granted only upon the condition that the licensee have water tight, packer type vehicles in good condition to prevent loss in transit of liquid or solid cargo, that the vehicle be kept clean and as free from offensive odors as possible and not allowed to stand in any street longer than reasonably necessary to collect garbage or refuse, and that the same be dumped or disposed of only at the designated sanitary land fill, and strictly in accordance with regulations relating thereto.
B. Hauler licenses shall be granted only upon completion of an application for license. Such application shall include the following information:
1. Business Name
2. Business Address
3. Mailing Address
4. Business Contact Person and Job Title
5. Business Contact Person Telephone and Fax Numbers
6. Federal Tax Number
7. State Tax Number
8. Certificate of Compliance showing proof of Workers' Compensation coverage during the license term.
9. A description of vehicles and other equipment to be used to meet the requirements of Subdivision 4(A) of this section.
C. Before a garbage and refuse hauler's license shall be issued, the applicant shall file with the Clerk Administrator evidence that he has provided public liability insurance in an amount equal to or greater than the tort liability limits specified in Chapter 466 of the Minnesota Statutes. This insurance policy shall also name the City of Dodge Center as an additional insured. The policy shall also require that the City be notified at least 30 days prior to the termination of coverage.
D. Residential Solid Waste Collection Rates.
1. Prior to the initial issuance of a license and as part of each license renewal application, each garbage and refuse hauler licensed by the City shall file annually with the Clerk Administrator a schedule of its rates for residential solid waste collection services. Haulers shall identify all rates that are subject to any state solid waste management taxes or Dodge County waste-energy services charges. All rates shall be submitted in a format defined by the City.
2. In lieu of identifying rates subject to state or county taxes or charges, a garbage and refuse hauler may elect to file with the city a total monthly charge amount for each volume of collection service offered so long as this total includes all taxes, fees, charges, surcharges or other billed items that appear on a monthly or quarterly bill.
3. All rates charged for solid waste collection charged by a licensee shall increase with the volume or weight of the solid waste collected. If weight is to be used to calculate rates for residential solid waste collection services, the licensee shall provide an explanation as to how the weight of each container is to be calculated for billing purposes.
4. All rates charged by a licensee shall comply with any and all state, county, or local statutes, ordinances, or regulations pertaining to solid waste collection.
5. No licensee shall charge a rate other than one that has been submitted to the Dodge Center City Council.
6. Nothing herein shall prevent a licensee from amending their rates during the license period, provided that an updated schedule of rates is filed with the City Council prior to the effective date of the rates.
E. The number of licenses issued by the City shall not exceed four.
F. All licenses shall expire on March 1 of each year and shall be renewed prior to that date. All license renewal applications shall follow the same procedure and fees as those used for the initial application.
G. No license shall be granted to any applicant who fails to meet the requirements of this section or to any applicant whose license has been revoked within two years.
a. All licensees shall pay an annual license fee, which shall be by ordinance of the City Council.
Subd. 5. License Revocation
A. Upon a determination by the City Council that a garbage hauler has violated the requirements of this section, a garbage hauler's license may be revoked using the following procedure:
1. The City Council shall approve a finding of fact detailing the alleged violation(s) of this section and shall provide the findings to the license holder, along with a notice that a license holder is entitled to a hearing to challenge the alleged violation, that if no hearing is requested within fourteen (14) days, that the licensee forfeits its right to challenge the findings and that the City will take action with respect to the license, which can include, among other things, revocation of the license.
2. The notice of the right to hearing shall be mailed, first class, postage prepaid to the address shown on the current application on file with the City, unless another address has been filed in writing with the City. Notice of the hearing shall be deemed given, three (3) business days after the date of mailing. The hearing, if requested, shall be held within fourteen (14) days of the request for hearing.
3. After the hearing, if one is requested, based upon the information presented, the City Council shall determine if a violation exists, and shall adopt a resolution confirming, modifying or reversing the findings. If a violation is found to exist, the Council shall determine if revocation of license is an appropriate step or if other remedial actions are appropriate. The licensed hauler may propose remedial action to the Council. If no hearing is requested the City Council shall take action and impose a remedy deemed appropriate, based on the previously issued findings, at the next City Council meeting following expiration of the notice period.
4. If the Council determines that revocation of license is appropriate, the City Council shall cause written notice, in the manner set forth above, to be issued to the licensed hauler advising them of the revocation and providing them with thirty (30) days to cease all operations covered by the license. This thirty day period shall start upon expiration of the fourteen (14) day appeal period if no appeal is made or immediately upon revocation of a license by the City Council.
5. Licensees who fail to apply for a license renewal shall cease operations immediately upon the expiration of their license. Haulers may continue operations for up to 21 days after the expiration of their license, provided that a renewal application is on file with the City.
This amendment shall be effective from and after its adoption and publication.