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7.11. SR 09-18-2017 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.11 Agenda Section Meeting Date Prepared by Public Hearin s ISeptember 18, 2017 Amanda Bednar,Environmental Coordinator Item Description Reviewed by Ordinance Amendment: Solid Waste Exemptions Tina Allard, City Clerk from Organized Collection Reviewed by Cal Portner, City Administrator Action Requested Adopt by motion, an ordinance amending Elk River City Code, 58-36, as it relates to solid waste exemptions. Background/Discussion During the August 14, 2017,work session, Council directed staff to amend Chapter 58, Solid Waste, of the city code to allow for exemptions from the city's organized collection of trash and recycling. Organized collection was adopted by the city in 1991 and a Refuse Appeal Board was created to consider appeals. It was abolished in 1996. The proposed ordinance amendment would allow exemptions to be reviewed by the city administrator based on specific criteria. The ordinance outlines criteria for granting an exemption including applicant must never have participated in city service before and contract individually with a hauler for proper waste disposal. The exemption may be revoked if the household illegally disposes of waste and the exemption will automatically terminate when the property is sold. Financial Impact None Attachments ■ Solid Waste Ordinance Amendment The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAMIRE1 �jStfikethfoughs to be removed Underlines to be added City of Elk -�-� River Ordinance 17 - An Ordinance Amending Chapter 58, Section 58-36, Proper Storage and Disposal of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That§ 58-36, Proper storage and disposal of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) Every person shall,in a sanitary manner, store and dispose of refuse that may accumulate upon property owned or occupied by him in accordance with the terms of this Article. Garbage shall be collected or otherwise lawfully disposed of, at least once per week. (b) Organized collection. All residential single-family and duplex homes shall utilize the City organized collection service and shall pay the duly-established service charge. (c) Exemptions from organized collection. Exemptions from the Ci 's organized collection service shall not be granted, except in unique circumstances which include: 01 The property owner/applicant for the exemption has never been a participant in the Ci 's organized collection service due to clerical or other error on the Cit)�'s part; O The property owner/applicant can demonstrate that he/she has legally disposed of solid waste generated on the property and will continue to do so in the future. (d) Process. Applications for exemption from the City's organized collection service shall be made to the City Administrator,who shall make findings of fact and a decision on the application. Decisions of the City Administrator may be appealed to the City Council by filing a letter addressed to the City Council appealing the City Administrator's decision within ten (10) calendar days of that decision. (e) Revocation of exemption. Exemptions from the City's's organized collection service may be revoked by the City Administrator if the City becomes aware that household waste generated on the applicant's property is being disposed of illegally. Decisions of the City Administrator revoking an exemption may be appealed to the City Council by the same process for appealing denial of an exemption. (fl Termination of exemption. Exemptions from the Ci 's organized collection service shall automatically terminate if the property owner/applicant to whom the exemption is granted sells or transfers either the residential proper subject to the organized collection ordinance and/or the abutting commercial property to another person or enti . URE Last Updated il7asch 2014 INATJ Stfikethfoughs to be removed Underlines to be added SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 18th day of September, 2017. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk URE Last Updated il7asch 2014 INATI a r -• �e+AL� mow; � }y Ordinance Amendment City of Elk River Solid Waste Exemptions for Organized Collection City of Elk River C Why Proposed? ■ Ord. requires all households to have city contracted trash and recycling since adoption in 1991 ■ Refuse Appeal Board was created to review appeals but abolished in 1996 ■ Additional territory acquisitions, becoming aware of some households that have never had city contracted trash and recycling C Ordinance Changes ■ Apply for exemption ■ Unique circumstances only ■ Never been participant in City's collection service ■ Demonstrates legal disposal of solid waste and recycling ■ May be revoked if household waste is not disposed of properly ■ Terminated if property owner changes C fks.: Action Requested ■ Adopt by motion, an ordinance amending Elk River City Code, 58-36, as it relates to solid waste exemptions.