ORD 17-17ver
Ordinance 17 - n
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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 4 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.
(c) Exemptions from organized collection. Exemptions from the City's organized collection
service shall not be granted except in unique circumstances which include:
(il The property owner/applicant for the exemption has never been a participant in the
City's organized collection service due to clerical or other error on the City's part;
a The propeM, 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 Cijy Administrator may be appealed to the City Council by
(e) Revocation of exemption. Exemptions from the City's 's organized collection service may
(0 Termination of exemption. Exemptions from the City's organized collection service shall
collection ordinance and/or the abutting commercial property to another person or
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Last Updated March 2014
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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 Member, 2017.
ATTEST:
Tina Allard, City Clerk
Last Updated March 2014
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AFFIDAVIT OF PUBLICATION CITY OF ELK RIVER
ORDINANCE 17 - 17
STATE OF MINNESOTA ) ss AN ORDINANCE AMENDING
COUNTY OF SHERBURNE CHAPTER 58, SECTION
58-36, PROPER STORAGE
AND DISPOSAL OF THE
Charlene Vold being duly sworn on an oath, CITY OF ELK RIVER,
states or affirms that he/she is the Publisher's MINNESOTA, CITY CODE
Designated Agent of the newspaper(s) known The City Council the City of
EIll River does herebb y ordain as
as: follows:
SECTION 1. That § 58-36, Prop -
Star News er storage and disposal of the City
of Elk River Code of Ordinances
shall be amended to read as fol -
with the known office of issue being located lows:
in the county of: (a) Every person shall, in a san-
SHERBURNE itary manner, store and dispose of
with additional circulation in the counties of: refuse that may accumulate upon
WRIGHT property owned or occupied by him
in accordance with the terns of this
and has full knowledge of the facts stated Article. Garbage shall be collected
below: or otherwise lawfully disposed of,
(A) The newspaper has complied with all of at least once per week.
(b) Organized collection. All res -
the requirements constituting qualifica- idential single-family and duplex
tion as a qualified newspaper as provided homes shall utilize the City orga-
by Minn. Stat. §331A.02. need collection service and shall
(B) This Public Notice was printed and pub- pay the duly -established service
lished in said newspapercharge.s) once each (c) Exemptions from organized
week, for 1 successive week(s); the first collection. Exemptions from the
insertion being on 09/23/2017 and the last City's organized collection service
insertion being on 09/23/2017. shall not be granted, except in
unique circumstances which in-
clude:
MORTGAGE FORECLOSURE NOTICES @ The property owner/applicant
Pursuant to Minnesota Stat. §580.033 for the exemption has never been
relating to the publication of mort a e a participant in the city's organized
g g collection service due to clerical or
foreclosure notices: The newspaper complies other error on the City's part;
with the conditions described in §580.033, (i) The property owner/appll-
subd. 1, clause (1) or (2). If the newspaper's cant can demonstrate that he/she
known office of issue is located in a count has legally disposed of solid waste
Y generated on the property and will
adjoining the county where the mortgaged continue to do so in the future.
premises or some part of the mortgaged (d)Process. Applications for ex -
premises described in the notice arelocated, emption from the City's organized
a substantial onion of the newspaper's collection service shall be made to
Pthe City Administrator, who shall
circulation is in the latter county. make findings of fact and a deci-
sion on the application. Decisions
of the City Administrator may be
appealed to the City Council by
By:C_IkQkulu�(j _ filing a letter addressed to the City
Designated Agent Council appealing the City Admin-
istrator's decision within ten (10)
calendar days of that decision.
Subscribed and sworn to or affirmed before (e) Revocation of exemption.
me on 09/23/2017 by Charlene Vold. Exemptions from the City's orga-
nized collection service may be
revoked by the City Administrator
if the City becomes aware that
household waste generated on
.0 pie applicant's property is being
Notary Public 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 exemp-
tion.
(f) Termination of exemption.
Exemptions from the City's orga-
r.. DARLENE MARIE MACPHERSDN nized collection service shall auto-
matically terminate if the property
Notary Publ�•Mlnnesota owner/applicant to whom the ex-
MyCorlmissonExplreeJen31,2818 emption is granted sells or Gans-
fers either the residential property
subject to the organized collection
ordinance and/or the abutting com-
mercial property to another person
Rate Information: or entity.
(I) Lowes[ classified rate paid by commercial users SECTION 2. That this ordinance
shall take effect upon adoption and
for comparable space: be published as provided by law.
$23.00 per column inch
Ad ID 735774
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
Published in the
Star News
September 23, 2017
735774
OCT � 01 201Y