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HomeMy WebLinkAbout2019-12-05 Ordinance Amending Chapter 2 and 20 Edina City Code Concerning Organics RecyclingAFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ) SS Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SC Edina with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 12/05/2019 and the last insertion being on 12/05/2019. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 12/05/2019 by Darlene MacPherson. • Notary Pu i lic JJJWJJvJWvvvvvvv JN/J, ♦M'r, MARLENE M. MITCHELL Notary Public Minnesota roy Commission Expires Jan 31, 2020 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 999959 CITY OF EDINA ORDINANCE NO. 2019-15 AN ORDINANCE AMENDING CHAPTERS 2 AND 20 OF EDINA CITY CODE CONCERNING ORGANICS RECYCLING THE CITY OF EDINA ORDAINS: SECTION 1, The following sections of Chapter 20 Article IV of Edina City Code are amended to provide as follows: Chapter 20, Article IV. - RECYCLABLES AND ORGANICS Section 20-164. - Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dwellings means those dwellings described in subsections (1), (2) and (3) of the definition of premises in this section. Premises means: (1) All single-family dwellings now or hereafter located in the Single Dwelling Unit District (R-1); (2) All double dwellings now or hereafter located in the Double Dwelling Unit District (R-2); (3) All dwelling units in a building in a Planned Residence District (PRD or PSR) or Mixed Development District, except, however, those in a building in the PRD-5 subdistrict; (4) All buildings in a PRD-5 subdistrict; (5) All buildings or parts of buildings now or hereafter owned by or leased to the city and located in the city, except, however, park shelters or park toilet buildings; and (6) All buildings or parts of buildings now or hereafter owned by or leased to the school district and located within the city. The location of a dwelling or a building in any zoning district and definitions of terms used in this subsection shall be as set forth in chapter 36. Organic material - as defined in article ID of this chanter excludi g yard waste which is regulated in Minnesota Statute, section 115A,931 • Recyclables means newsprint, corrugated paper, glass containers, aluminum foil and cans, tin cans, steel cans, bi-metal cans and plastic bottles reasonably free of food, dirt and other contaminants. Also included as a recyclable is any other material that the city may hereafter be required to collect as a recyclable by the county. For purposes of this article, recyclables and organics shall not be refuse, as defined in article III of this chapter. Resident means: (1) Every person who is an owner or occupant of a dwelling; (2) The city as to the buildings or parts of the building described in subsection (5) of the definition of premises in this section; and (3) The school district as to buildings or parts described in subsection (6) of the definition of premises in this section. School district means Independent School District No. 273. DIVISION 2. - SEPARATION AND STORAGE OF RECYCLABLES AND ORGANICS Section 20-182. - Responsibility of separating recyclables and organics Every resident of every premises, except the premises described in subsection (4) of the definition of premises in section 20-164, shall separate the recyclables from their respective premises from all other refuse, as defined in article III of this chapter. As to the premises described in subsection (4) of the definition of premises in section 20-164, it shall be the obligation and responsibility of the manager or owner of such premises, and not of the individual occupants, to separate recyclables and organics as required by this section. Section 20-183. - Containers for recyclables and organics. Containers for storage of recyclables and organics shall be kept in the same location as is designated by article III of this chapter for refuse containers. Residents of those dwellings described in subsections (1) and (2) of the definition of premises in section 20-164, residents of townhouses, as defined in chapter 36, and residents of dwelling units in buildings with eight units or less (in this Code called "multiunit buildings"), not earlier than 12 hours prior to the day scheduled for collection of their recyclables, shall place the container holding the recyclables next to the street or at the curb adjoining the dwelling property or multiunit property or at the alley if the dwelling or multiunit building has refuse collection service at the alley. Within 12 hours after the scheduled collection, the containers and any material not collected shall be retumed by the resident of such dwelling to the same location designated for storage by this section. Section 20-184. - Storage of recyclables and organics Recyclables shall be stored in containers designed for the storage of recyclables. Organics shall be stored in containers designed for the storage of organics. The contents of such containers shall be regularly collected and disposed of in accordance with sections 20-207 through 20-211. The containers and surrounding area shall be maintained in such condition and manner so as to prevent rodent and insect harborage. Any accumulation of recyclables and organics not maintained as provided in this section is declared to be a nuisance and shall be abated and costs charged to the property in which the nuisance is located in accordance with section 20-129. Division 3. - COLLECTION OF RECYCLEABLES AND ORGANICS Section 20-207. - Selecting and paying hauler. Collection of recyclables and organics from premises shall be by a hauler selected and paid by a resident of the premises or by a manager of the premises or by an association governing the premises, but which hauler is then duly licensed by the city under article IV of chapter 12 and other applicable provisions of this Code. The collection shall be done in compliance with all applicable provisions of this Code. Section 20-208. - City contract with hauler. The provisions set forth in section 20-207 notwithstanding, the city, at any time and from time to time, may contract with a hauler for collection of recyclables and organics from some or all premises. If the city so contracts, the recyclables and oroanics shall be collected from the premises covered by such contract by the hauler under contract with the city and on terms and conditions set out in such contract. Section 20-209. - Disposal by resident. Neither the provisions of section 20-207 or 20-208, or any other provisions of this article, shall prevent any resident from disposing of such resident's recyclables or organics without the use of a paid hauler or the city collector, but such resident shall comply with the provisions of section 20-211. Section 20-210. - Reporting recyclables and organics. The manager or governing association of premises, as defined in subsections (3) and (4) of the definition of premises in section 20-164, shall report to the manager, upon written request from time to time made by the manager or manager's designee, and on forms prescribed by the manager or manager's designee, such information relative to the program for separation, storage and collection of recyclables and organics then in effect for such premises as the manager or manager's designee shall request. Section 20-211. - Disposal of recyclables and organics. (a) Recyclables collected from premises shall not, in any event: (1) Be deposited in any landfill; (2) Be burned in any incinerator, or (3) Be deposited or distributed in any way or manner which is contrary to then applicable provisions of this Code or state law. (b) Provided, however, that the restrictions in subsections (a)(1) and (2) of this section shall not apply to recyclables and organics which are deposited in a landfill or burned pursuant to specific prior written approval granted by the county and consented to, in writing, by the city. Residents shall take such action as is reasonable under the circumstances to determine that recyclables and organics are not disposed of contrary to the provisions of this section Section 20-212. - Reports to the City As and when requested by the city, the city and school district shall require the haulers of their respective recyclables and organics who are not under contract with the city, to keep complete and accurate records of the total tons of recyclables collected each month from their respective premises, together with the actual weight or percentage of the total that organic material and each recyclable material represents, and the markets used for the sale of and primary purchasers of such recyclables. The records shall be sent to the city upon request. The city and school district shall also require their haulers, who are not under contract with the city, to prepare and submit to the city, at the request of the city, any other reports, data and Information relative to the separation, collection and disposal of recyclables or organics as may be required by provisions of this Code or state law as applicable, or which may be requested of the city by the county. All such records, reports, data and information, once received by the city, shall become the property of the city to be used, as it shall determine without obligation to any person. DIVISION 4. - RECYCLING AND ORGANIC SERVICE RATES AND CHARGES Section 20-235. - Purpose. The rates and charges established by this division are for the purpose of paying costs for the operation and administration of recycling and organic services provided by the city. Section 20-236. - Recycling and organics charges. (a) Classifications. The council may classify recycling and organics charges according to land use and density. All classifications shall be as set forth in section 2-724. (b) Rates. The rates for each classification shall be as set forth in section 2-724. Section 20-237. - Billing and payment. Recycling and organics charges shall be payable by the owners, lessee or occupant of each property to which recycling and organics services are made available by the city pursuant to section 20-208. Recycling and organics charges shall be computed every three months and included as a charge on bills issued by the city for water or sewer services pursuant to article 11, divisions 1 through 3 of chapter 28. If the property subject to recycling and organics charge is not served by city water or sewer, a separate bill shall be issued to the owner of the property every three months for the recycling and organics charge. All provisions for the billing, payment, notice and collection of delinquent accounts pursuant to sections 28-45 through 28-57 shall apply to charges made pursuant to this division. Section 2, The following described fees are added to Schedule A, City Code Chapter 2, Section 2-724: Chapter and Section Purpose of Fee/Charge Proposed 2020 Fee 20-236 Organics Recycling Fee $16.50 per household per quarter Section 3. This ordinance Is effective immediately upon its passage and publication. First Reading: November 19, 2019 Second Reading: Waive Attest: Sharon Allison, City Clerk James B. Hovland, Mayor Published in the Sun Current December 5, 2019 999959