10 40 - Collection and Disposal of Garbage Refuse Yard Waste and Recyclables§ 10.40 Golden Valley City Code Page 1 of 6 Section 10.40: Collection and Disposal of Garbage, Refuse, Yard Waste, and Recyclables Subdivision 1. Definitions The following terms, as
used in this Section, shall have the meanings stated: Source: Ordinance No. 296, 2nd Series Effective Date: 5-28-04 A. Compost: A mixture of decayed organic matter. B. Composting: An
above ground microbial process that converts yard waste to organic soil or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. C. Container:
means a container designed to hold either garbage, litter, refuse, yard waste, or recyclables. D. Garbage: means animal and vegetable wastes resulting from the handling, preparation,
cooking and consumption of food. E. Hauler: means any person who shall offer to, or engage in the collection and/or transportation of garbage, refuse, yard waste or recycling from any
house, apartment, public or private institution, or commercial establishment within the City, includ?????ing all activities up to the time when the waste is delivered to a waste facility.
F. Litter: means garbage, recyclables and refuse. G. Recyclables: means items of refuse designated by the Hennepin County Department of Environment and Energy to be part of an authorized
recycling program and which are intended for processing and remanufacture or reuse. H. Refuse: means all wastes (except body wastes), including but not limited to rubbish, paper, cardboard,
ashes, rocks and construction material, normally resulting from the operation of a household or business establishment, but not including garbage, recyclables or yard waste. I. Woody
Yard Waste: Hedge or tree trimmings and twigs (1/4 inch diameter or greater) or Christmas trees which can be hauled to a commercial compost facility.
§ 10.40 Golden Valley City Code Page 2 of 6 J. Yard Waste: Grass/lawn clippings, leaves, weeds, garden waste (tomato vines, carrot tops, cucumber vines, etc.) softbodied plants (flower
and vegetable plants), hedge or tree trimmings and twigs (1/4 inch diameter maximum), pine cones and needles. Relettering Source(A-J): Ordinance No. 361, 2nd Series Effective Date: 1-12-07
Subdivision 2. Littering Prohibited It is unlawful for any person who does not own, occupy, or control a parcel of property within the City to throw or deposit litter, yard waste or
woody yard waste on any such property. Subdivision 3. Owner to Maintain Premises Free of Litter -Disposal Required The owner, occupant, and/or person in control of any private property,
whether occupied or vacant, shall at all times maintain the premises free of litter; provided, however, that this Section shall not prohibit the storage of litter in receptacles which
meet the requirements of this Section. Except to the extent permitted as composting under this Section, every such person shall also provide for the regular disposal of garbage, recyclables,
refuse, yard waste, and woody yard waste, which may accumulate upon such private property, including garbage, recyclables, refuse, yard waste and woody yard waste stored in receptacles
which comply with this Section, which disposal shall be accomplished in a sanitary manner. Subdivision 4. Garbage, Recyclables and Refuse Storage The owner, occupant, and/or person in
control of any private property, business establishment, or industry, shall be responsible for the satisfactory storage of all garbage, recyclables and refuse accumulated at the premises,
business establishment, or industry. A. Garbage shall be stored in durable, rust-resistant, nonabsorbent, watertight, rodent-proof, and easily cleanable containers, with close-fitting,
fly-tight covers. B. Refuse shall be stored in durable containers or as otherwise provided in this Section. Where garbage is stored in combination with refuse, containers for the storage
storage of the mixture shall meet the requirements for garbage containers. C. Toxic or hazardous wastes shall be stored in the proper containers which are adequately labeled in a safe
location and in compliance with the regulations of Federal, State and City governments, and their regulatory agencies. D. All containers for the storage of garbage, recyclables and refuse
shall be maintained in such a manner as to prevent the creation of a nuisance or
§ 10.40 Golden Valley City Code Page 3 of 6 menace to public health. Containers that are broken or otherwise fail to meet requirements of this Section shall be replaced with acceptable
containers. Source: Ordinance No. 296, 2nd Series Effective Date: 5-28-04 E. Garbage, recyclables, refuse, yard waste or woody yard waste objects or materials too large or otherwise
unsuitable for storage containers shall be stored in a sanitary manner, in compliance with the regulations of Federal and State government and their regulatory agencies, and in compliance
with the City Code. The owner, occupant and/or person in charge of the premises, business establishment, or industry shall arrange the disposal of such garbage, recyclables, refuse,
yard waste or woody yard waste objects or materials as soon as practically possible; provided, however, that, except for yard waste and woody yard waste which shall be accomplished in
forty (40) days, in all other cases such disposal shall be accomplished within ten (10) days of the date on which such materials were first stored on such premises, business establishment,
or industry, unless a longer period of storage is specified by the regulations of a Federal or State government, or their regulatory agencies, or unless such owner, occupant, and/or
person in charge of such premises, business establishment, or industry obtains a permit to store such garbage, recyclables, refuse, yard waste or woody yard waste objects or materials
for a longer period from the City Manager’s designee. The City Manager’s designee shall issue a permit for a longer period of storage only upon a showing of need for such storage and
satisfactory evidence that such storage will not endanger the health or safety of any person or create a nuisance. Subdivision 5. Location of Containers – Residential Zoning Districts
Containers shall be stored no more than three (3) feet from the primary or accessory structure and shall at all times be located behind the front of the primary structure. Containers
may be placed at the curb from 5 pm the day prior to collection to 9 pm the day of collection. Subdivision 6. Location of Containers -Commercial Establishments and Multiple Dwelling
Units Any bulk or box type container used for the storage of solid waste or recyclables must be fully screened from view of the public right-of-way, public park, or residential area.
In no event shall containers be placed next to the street or be placed or maintained in such a way as to unreasonably interfere with the use of adjoining property. Recycling containers
less than one (1) cubic yard in capacity do not need to be screened from view of the public right-of-way, but must be placed on a paved surface. Baled recyclables must be stored out
of view from the public right-of-way other than a twenty-four (24) hour time period before a scheduled collection. Source: Ordinance No. 361, 2nd Series Effective Date: 1-12-07
§ 10.40 Golden Valley City Code Page 4 of 6 Subdivision 7. Composting Composting is permitted only on residential properties having up to four (4) dwelling units provided that all of
the following conditions are met: A. Permitted Composting Materials. Only yard waste, straw, fruit and vegetable scraps, coffee grounds or egg shells generated from the site on which
the compost is located are permitted composting materials. In addition, commercially available ingredients specifically designed to speed or enhance decomposition can be placed in the
composting structure. B. Prohibited Composting Materials. The following materials shall not be placed in the composting structure: woody yard waste, meat, bones, fat oils, whole eggs,
dairy products, unshredded branches or logs, weeds heavily loaded with seeds, plastics, synthetic fibers, human or pet wastes, diseased plants, or any other garbage or refuse except
for those permitted above in "A." C. Composting Structure. All composting materials must be contained in a a bin which may be constructed of wood, wire mesh, a combination of wood and
wire or in commercially fabricated compost bins designed to contain composting materials. Maximum of one structure is allowed per lot. D. Composting Structure Size. Composting shall
be conducted within an enclosed structure not to exceed a total of five hundred (500) cubic feet (for example, 10'x10'x5') in volume. Maximum height of the composting structure shall
be five (5) feet. E. Location. The composting structure shall be located in the rear yard of the property, and be at least five (5) feet from the property line, or thirty-five (35) feet
if the property line is also a street line, and no closer than twenty (20) feet to any habitable building, other than the residents' own home. F. Maintenance. The compost shall be managed
in keeping with standard compost practices which include providing adequate air circulation to prevent combustion and objectionable odors to adjacent properties. G. Nuisance. The operation
of composting in a manner that results in objectionable odors and/or the placing of prohibited materials in a composting structure to create a health hazard is considered a public nuisance.
Source: Ordinance No. 296, 2nd Series Effective Date: 5-28-04 Subdivision 8. Enforcement The City Manager’s designee, has responsibility for the enforcement of provisions of this Section.
Source: Ordinance No. 361, 2nd Series Effective Date: 1-12-07
§ 10.40 Golden Valley City Code Page 5 of 6 A. Warnings. The City or any of its haulers may issue a warning notice to any person observed not in compliance with any provisions of this
Section. Such warning may serve as the basis to reject noncompliant waste materials for collection. Source: Ordinance No. 296, 2nd Series Effective Date: 5-28-04 B. Inspections. The
City Manager’s designee shall inspect or investigate as necessary to determine whether an immediate health hazard exists as a result of a violation to this Section. Such official may
enter upon any land without the consent of the owner and without being subject to any action for trespass. However, if entry into enclosed buildings is necessary, such official shall
obtain the consent of the owner, occupant, or person in control of such premises beforehand. If such permission cannot be obtained, such official shall obtain a warrant to enter said
building based upon probable cause to believe that a violation of this Section exists. The City Manager’s designee shall carry identification, in a form approved by the Council, and
produce it at the request of any owner, occupant, or person in control of said premises. Source: Ordinance No. 361, 2nd Series Effective Date: 1-12-07 C. City Removal. 1. If the owner
of private property fails to maintain the property free of litter, refuse, yard waste or woody yard waste as required under this Section, the City may remove the same and assess the
cost for said removal. 2. Prior to City removal of litter, refuse, yard waste or woody yard waste, the head of the Department of Public Safety, or his or her designee, shall prepare
and serve the property owner with a notice: a) describing the property and the violation; b) setting forth a date by which the litter or waste must be removed (which in no event shall
be earlier than 30 days from the date of notice); c) providing the option for a hearing before the Council (and setting forth the procedure for obtaining said hearing); and d) warning
that cost of City removal may be be assessed against the property. 3. If the property owner desires a Council hearing, the hearing must be initiated by the property owner before the
City commences abatement, and upon owner's request for a hearing the City Staff shall take no action to abate the alleged violation.
§ 10.40 Golden Valley City Code Page 6 of 6 4. If a Council hearing is conducted, the Council may hear evidence from any interested party. If the Council determines a violation exists,
it shall order a time period within which removal is required of the property owner and if said order is not fully complied with, then the City Staff shall proceed to abate the violation
and assess the costs therefore against the property. Source: Ordinance No. 296, 2nd Series Effective Date: 5-28-04 5. If no hearing before the Council is requested by the owner of the
property and at least 30 days have lapsed since the notice date, the City may enter the property, remove the litter, refuse, yard waste or woody waste and assess the cost of removal
against the property owner. If the City has removed said materials from property one or more time in the past 2 (two) years, the notice as stated herein and in item 2 shall be reduced
to a period of not more than ten (10) days. Source: Ordinance No. 361, 2nd Series Effective Date: 1-12-07 Renumbering Source (Sub. 7-8): Ordinance No. 361, 2nd Series Effective Date:
1-12-07