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HomeMy WebLinkAboutNo 271 Amending the Maplewood Code, Section 1403, Relating to Licensing Garbage CollectorsORDINANCE NO. 271 AN ORDINANCE AMENDING THE MAPLEWOOD CODE, SECTION 1403, RELATING TO LICENSING GARBAGE COLLECTORS. THE COUNCIL OF THE VILLAGE OF MAPLEWOOD 'DOES HEREBY ORDAIN AS FOLLOWS s Section 1. 1403.020 of the Maplewood Code is hereby amended to read as follows: 1403.020. APPLICATION AND FEE. Anyy person, firm or corporation desiring a license to collect garbs►go and/or rubbish or refuse shall maake a plication for the same to the Clerk upon as form prescribed by the Village Council. The application shall set forth: (1) The name and address of the applicant; (2) A list of the equipment which he proposes to use in such collection; (3) The place or places to which the garbage and/or rubbish is to be disposed of: (4) The manner in which said garbage and/or rubbish is to be disposed of; (5) The portion of the Village in which collections are to be made; (6) A five-year plan of disposal and conformity with the Minnesota Pollution Control Agency regulations. Said application shall be submitted to the h Officer for his investigation and report. If the Health Officer finds that the applicant is responsible and has proper equipment for such collection and that no nuisance is liable to be created by the granting of said license, he shall endorse his approval upon the application. Before any license may be issued the ap licant shall pay to the !'lark a license fee of Thirty•Five "'-ollars ip$35.00), which fee shall accompany the application. No license issued hereunder shall be for a longer period than oneyeaar, and all licenses shall expire on December 31st of eoch,year. Section 2. Section 1.403.050 of the Maplewood Code is hereby amended by adding the following Sectionss 1403.050. Before being grunted a license, the applicant shall provide a continuing performance bond in the amount of $3,000.00 (Three Thousand Dollars) for the benefit of the Village and its customers. It shall provide a certificate ofpublic liability insurance in the minimum amount of $300,000.00 (Three Hundred Thousand Dollars) for one injury and $500,000.00 (Five Hundred Thousand Dollars) for more than one injured person per accident and $100,000.00 (One Hundred Thousand Dollars) property damage coverage per accident on each and every vehicle used in the Village of Maplewood for the purpose of collecting garbage and rubbish provided that such bond and insurance policies shall be subject to the approval of the Village Manager; and where more than one vehicle is used, the applicant may provide an improved blanket policy of liability insurance with the minimum coverages as stated. 1403.060. Applicant shall consent to and follow a sched- ule of pick-up, setting the day and area of pick-up as established by the Village Manager, so as to limit area pick-ups to the same day per week each week. 1403.070. Each licensed hauler shall report any accum- ulations of garbage or rubbish in violation of the Ordinances of the Village to the Village Manager. 1.403.080. All rates of picking up rubbish or - -bagel including fees for additional pick-up, which were in effc as of the first day of November, 1970, shall remain in effect and continue in force until changed as hereinafter provided. The Council rgay, upon its own initiative, or shall, upon petition of the licensee, but not more often than once each year, review the operations of the licensee; and after a public hearing of which ten days' published notice shall be given as prescribed by ordin- ance, within sixty (60) days after the filing of such petition, the Council may establish reasonable rates which shall be the maximum, that the licensee may charge for such services. In the case of a new licensee, said licensee shall file with the Village Clerk and the Village Manager a copy of all rates and charges, including the charges for additional pick-ups; and if said proposes; rates are in excess of the then approved rates and charges, the license shall not be issued until either the rates are in co"formity with the approved maximum, charges or the applicant receives approval for said charges from the Village Council. 1403.090. Failure to comply with these regulations shall be grounds for revocation of the license brought by action of the Village Council after a hearing for said purpose. In the event the Village Manager finds violations and orders corrections of same which licensee fails to make, Village Manager may suspend the Licensee's right to operate under the terms of the license and order his appearance at the next regular meeting of the Village Council for thepurpose of hearing whether or not said suspension should continue in effect. Section 3. Section 3 of this amended ordinance. This ordinance shall take effect and be enforced from and after the 1st day of Novemaber, 1970, and its passange and publication. Attested by ,� � amu- E �_ ayor ail `age Cierk Ayes - Nays - ORDINANCE NO. 271 AN ORDINANCE AMENDING AFFIDAVIT OF PUBLICATION THE MAPLEWOOD CODE, SECTION 1403, RELATING TO LICENSING 1-5 GARBAGE COLLECTORS FI E D film Boo= THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: County of Ramsey Section 1. 1403.020 of the Maplewood Code is hereby amended to read as follows: 1403.02 APPLICATION AND FEE. Any firm T � ' 1i6---------------- being duly sworn, on oath bays person, firm or corporation desiring a -----------------------------" �' license to collect garbage and or rubbish or refuse steal I make application for the same he is and during all the times herein stated has been the __________________________________________ to the Clerk upon a form prescribed by the Village Council. The application shall set ________________ publisher and (printer of the newspaper known as Maplewood (Review, torah: and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the (1) The name and address of the English language in newspaper format and in column and sheet form equivalent in printed space to at applicant; least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (2) A list of the egLipment which he (3) Said .newspaper has 50 percent of its news columns devoted to news of local interest to the com- proposes to use in such collection; munity which it purports to serve and does not wholly duplicate any other publication and is not made (3) The place or places to which the up entirely of garbage and or rubbish is to be patents, plate matter and advertisements. (4) Said newspaper is circulated in and near disposed of; the municipality which it purports to serve, has at least 500 copies regularly delivered to paying (4) The manner in which said gar - subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than bage and or rubbish is hi h disposed three months in arrears and has entry as second-class matter in its local Dost -office. '(5) said newspaper of; purports to serve the Village of North St. Paul in the County of Ramsey and it has its known office 5) The of issue in the Village of Narth 'St. Paul in said county, established and open during its regular portion of the Village in which business hours for the g D collections are to be made; gathering of news, sale of advertisements and sale of subscriptions and main - (le ti five-year plan of disposal and tamed by the publisher of said newspaper or persons in his employ and subject to his direction and conformity with the Minnesota control during all such regular business hours at which said newspaper is printed. (6) Said news- conformity t)on Control Agency regulations. paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has said application shall a submitted o the complied with all the foregoing conditions for at least two years preceding the day or dates of publi- Health Officer for his investigation and cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior report. I(fic Health s, inn finds that the to January 1, 1986, and each January 1 thereafter an affidavit in the form prescribed by the Secretary applicant h responsible and has proper of State and signed by the publisher and sworn to before a notary public stating that the newspaper is a legal newspaper. equipment for such collection and that no nuisance is liable to be created by the He further states on oath that the printed --- QrdiTLanaeL_.N12.__2u___________________ granting of said license, he shall endorse his approval upon the application. Before any license may be issued, the applicant shall ----------------------------------------- hereto attached as a part hereof was cut from the columns pay to the Clerk a license fee of Thirty -Five of said newspaper, and was printed and published therein in the English language, once each week, for Dollars ($35.00), which fee shall accompany the application. No license issued 1______ successive weeks; that it was first so published on Wednesday the _71h hereunder shall be for a longer period than one year, and all licenses shall expire on day of ----- -------- 00t9_14)Q;'---------------- of 1970 and was thereafter printed and pub - December 31st of each year. Section 2. Section 1403.050 of the Maplewood Code is hereby amended by lished on every Wednesday to and including Wednesday the ________________ day Of _________________- adding the following Sections: 1403.050. Before being granted a license, ____________________________ .19____ and that the following is a printed copy of the lower case alphabet the applicant shall provide a continuing from A to Z, both inclusive, and is hereby aequowledged as being the size and kind of type used in performance bond in the amount of the composition and publication of said notice, to wit: $3,000.00 (Three Thousand Dollars) for the benefit of the Village and its customers. It abedefghijklmnopgrstuvwxyz shall provide a certificate of public liability ., insurance in the minimum amount of r $300,000.00 (Three Hundred Thousand ') Dollars) for one injury and $500,000.00 (Five / Hundred Thousand Dollars) for more than --------------------- YYY one injured person per accident and $100,000.00 (One Hundred Thousand Subscribed and sworn, to before me thig,___�ya.---- day of _____ Ob ______ 19,70 Dollars) property damage coverage per t V+i ` accident on each and every vehicle used in the Village of Maplewood for the purpose of collecting garbaae and rubbish provided that such bond and CARLENE C. WIESNER unty, Minnesota insurance policies shall Notary public, �Co be subject to the approval of the Village --�f�7 F'U6Ti� RTfYs2yCOUnfy, NI IM. ager; and where more than one vehicle My Commission Ejt�aN1YUSSlOtL�]Lj1LLeS.$={-JIr1f?-'--- 19 ---- the applicant may provide an ;blanket policy of liability in- Ith the minimum coverages as 1403.060. App itaTr3Fal �consenl to and follow a schedule of pick-up, setting the day and area of pick-up as established by the Village Manager, so as to limit area pick- ups to the same day per week each week. 1403.070. Each licensed hauler shall report any accumulations of garbage or rubbish in violation of the Ordinances of the Village to the Village Manager. 1403.080. All ratesof picking up rubbish or garbage, including fees for additional pick- up, which were in effect as of the f irst day of November, 1970, shall remain in effect and continue in force until changed as hereinafter provided. The Council may, upon its own initiative, or shall, upon petition of the licensee, but not more often than once each year, review the operations of the licensee; and after a public hearing of which ten days' published notice shall be given as prescribed by ordinance, within sixty (60) days after the filing of such petition, the Council may establish reasonable rates which shall be the maximum that the licensee may charge for such services. In the case of a new licensee, said licensee shall file with the Village Clerk and the Village Manager a copy Of all rates and charges, including the charges for ad- ditional pick-ups; and if said proposed rates are in excess of the then approved rates and charges, the license shall not be issued until either the rates are in conformity with the approved maximum charges or the ap- plicant receivesapprovalfor said charges from the Village Council. 1403.090. Failure to comply with these regulations shall be grounds for revocation of the license brought by action of the Village Council after a hearing for said purpose. In the event the Village Manager finds violations and orders corrections of same which licensee fails to make, Village Manager may suspend the licensee's right to operate under the terms of the license and order his appearance e next regular meeting of the Village Council for the purpose of hearing whether or not said suspension should continue in effect. Section 3. Section 3 of this amended or- dinance. This ordinance shall take effect and be enforced from and after the 1st day of November, 1970, and its passage and publication. Lester G. AxdahI Mayor Attested by: Lucille Aurelius Village Clerk Ayes -5 Nays -0 (Review: Oct. 7, 1970)