ORDINANCE 17 – 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 Citys organized collection service shall not be granted, except in unique circumstances which include:
(i) The property owner/applicant for the exemption has never been a participant in the Citys organized collection service due to clerical or other error on the Citys part;
(ii) 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 Citys 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 Administrators decision within ten (10) calendar days of that decision.
(e) Revocation of exemption. Exemptions from the Citys organized collection service may be revoked by the City Administrator if the City becomes aware that household waste generated on the applicants 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.
(f) Termination of exemption. Exemptions from the Citys organized collection service shall automatically terminate if the property owner/applicant to whom the exemption is granted sells or transfers either the residential property subject to the organized collection ordinance and/or the abutting commercial property to another person or entity.
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
Tina Allard, City Clerk
Published in the
September 23, 2017