(A) Refuse storage and disposal.
(1) Containers required. The owner of any premises, and any other person having refuse as herein defined, must provide and keep on such premises sufficient containers for the storage of refuse accumulated on the premises between disposal or collection. Each such container must be water-tight, must have tight-fitting covers, must be impervious to pests and absorption of moisture and must not exceed 90 gallons in size unless otherwise specifically authorized in writing by the health authority. Refuse on any premises must be stored in the containers required. All refuse from demolition or construction sites must be stored in roll-off containers or dumpsters and may not be stored on the ground. Commercial, business, industrial or other such establishments having a refuse volume in excess of two cubic yards per week and all six-family and larger dwellings must provide approved bulk or box type refuse storage containers or approved equivalent. These containers must be so located as to be accessible to collection equipment and so as not to require an intermediate transfer.
(2) Sanitary disposal. Refuse must be disposed of in a sanitary manner as approved by the health authority and must not constitute a nuisance. Refuse must not be composted or buried; except that, composting in an approved rodent- and fly-proof device or filling operations using approved fill materials and methods may be permitted. In no case may garbage be composted or buried.
(3) Frequency and manner of collection. The contents of refuse containers must be collected once every week, or more frequently if necessary or required by the provisions of any other ordinance of the city, by a collector licensed hereunder. The collector must transfer the contents of the containers to the vehicle without spilling them, or if any spilling occurs, the collector must clean it up immediately and completely. Collection must be conducted in such a manner as to not create a nuisance. Upon each collection, the containers must be completely emptied and returned to the racks or stands where they are kept, and the covers of the containers must be replaced.
(4) Placement of containers.
(a) Refuse containers shall be stored either inside a building or outside not more than three feet from a building.
(b) Containers stored outside of a building shall be placed and kept in a neat and orderly manner.
(c) Containers may not be placed or maintained in such a way as to unreasonably interfere with the use of adjoining property.
(d) Containers kept outside must be placed in such a manner as not to permit entry of or harborage for pests and so maintained as not to be tipped over.
(e) Containers must be maintained in a reasonably clean condition at all times.
(f) Containers shall be placed at their assigned collection location the night before or the day of collection. Containers shall be removed no more than 12 hours after the scheduled collection day.
(g) Containers must not be placed on public sidewalks or interfere with the removal of snow from roadways; except, those properties with a sidewalk immediately behind the curb may place containers on that part of the sidewalk closest to the curb.
(5) Defective containers. If, upon inspection by the city, a container is found to be in poor repair, corroded or otherwise defective so as to permit pests to enter, or does not meet other requirements of this section, the city must notify the provider or user of the container of the deficiency and must require repair or replacement of the container and must state a compliance date in the notice. If the deficiency is not corrected by said compliance date, the city may condemn the deficient container and affix a tag so stating such condemnation. It is unlawful for any person to place or deposit refuse in a container which has been condemned.
(6) Dumpster location and requirements. A dumpster may not be located in any public place. A dumpster may not be located on any premises for more than three consecutive months during any 12-month period. The Administrator is authorized to issue temporary permits for placement of a dumpster on any premises for more than three consecutive months when, in the Administrator’s judgment, special circumstances exist justifying the issuance of the temporary permit and the purposes of this section will not be impaired thereby. The permit must be displayed on the dumpster or elsewhere on the premises. All dumpsters must have the current licensed collector’s name, address and phone number in clearly legible letters no less than three inches in height. No fee is required for the temporary permit.
(B) Refuse storage and disposal - commercial and industrial; dumpsters. Exterior storage of refuse, including recyclables, and refuse containers, including dumpsters, at buildings in property zoned for commercial or industrial uses must conform to the following rules.
(1) The refuse must be contained in a refuse enclosure or in the case of food establishments, in a refuse enclosure - food service.
(2) The exterior storage area must be constructed in compliance with the city code.
(C) Refuse littering prohibited. It is unlawful to throw, scatter or deposit, or cause or permit to be thrown, scattered or deposited, any refuse, handbills or other littering materials upon or in public or private lands, bodies of water, vehicles or structures within the city. A property owner must maintain the owner’s premises and abutting sidewalks and boulevard areas free of refuse litter.
(D) Public health nuisance and abatement. Unless stored in containers in compliance with this section, any accumulation of refuse at any time and on any premises creates a public health nuisance. Such accumulation of refuse may be abated by order of the health authority and the cost of abatement may be accessed against the property from which such accumulation was removed, as authorized in M.S. § 429.101, as it may be amended from time to time.
(E) Composting.
(1) General rule. A compost must be maintained or contained in a manner to prevent it from becoming a habitat for pests and create objectionable odors.
(2) Permitted contents. A compost may contain only plant material consisting of grass clippings, weeds, leaves, small twigs, evergreen cones and needles, wood chips, sawdust and herbaceous garden debris.
(3) Prohibited contents. The following materials may not be placed in a compost:
(a) Garbage;
(b) Refuse;
(c) Rubbish;
(d) Waste matter;
(e) Fecal material; and/or
(f) Any matter of animal origin.
(4) Compost; construction. A compost may be constructed of:
(a) Wood;
(b) Wire mesh;
(c) A combination of wood and wire;
(d) Metal barrels with ventilation; and/or
(e) Commercially fabricated bins or barrels.
(5) Compost; maintenance. The compost must periodically be mixed to incorporate air, properly mix wet and dry material and promote rapid biological degradation. The compost must provide for adequate air circulation to prevent objectionable odors. The contents of the compost must be completely removed at least once a year.
(6) Compost; location. A compost may not be placed closer than five feet from a property line. The compost may be located only in the rear yard of a residential lot and in the rear of commercial and industrial properties.
(7) Technical assistance. The Administrator is directed to prepare informational materials to assist persons operating a compost in the efficient and odor free operation of a compost and to offer technical assistance to those persons on the proper operation and maintenance of a compost.
(8) Nuisance. The operation of a compost in a manner that results in objectionable odors and the placing of prohibited materials in a compost is a public nuisance and may be abated as such under § 130.04(E) of this chapter.
(F) Wood piles.
(1) General rule. The outside storage of cut firewood for residential buildings is permitted in residential zoning districts of the city subject to the provisions of this division (F).
(2) Number of stacks. There may be four separate stacks of wood on one residential lot.
(3) Dimensions. Stacks of wood may not exceed five feet in height, four feet in width and ten feet in length. A stack must:
(a) Provide for at least a four-inch space between the ground and the first layer of wood by using decay-resistant material; or
(b) Be placed on a decay-resistant surface.
(4) Location. Stacks of wood governed by this division (F) may be located only in rear yards as defined in the zoning ordinance and may not be located on a property line.
(5) Screening. A stack of wood located within five feet of the lot property line must be screened with a solid wall or fence.
(Ord. 2009-13, passed 7-14-2009; Ord. 2015-02, passed 2-25-2015) Penalty, see § 130.99