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Home My WebLink About107-13 Refuse Haulers \- I'RIO (-I~~<:;' 4646 Dakota Steee[ S.E. u ^ Prior Lake. MN 55372-1714 -, I"rJ - - -- ClrrOF-PR'IOR LAKE ~ ORDINANCE NO. 107-13 "\\;L~()AN ORDINANCE AMENDING SUBSECTION 601 OF THE PRIOR LAKE CITY CODE RELATING TO HEALTH AND SANITATION The City Council of the City of Prior Lake hereby ordains that Section 601, subsection 601.300 and 601.1000 are amended to read as follows: 601.300: 601.301 601.302 GARBAGE AND REFUSE COLLECTORS: Licenses Required: Any individual, corporation, partnership or other form of business entity that desires to engage in the business of waste management or refuse hauling is required to first make application to the City Clerk for a license which application shall be on a form provided by the City and shall include but not be limited to the following information: . Letter of Credit . License Fee . The name of the owner and licensee . A description of each motor vehicle to be used for hauling, including the license number thereof . The manner and kind of services to be provided to customers and the cost of pick-ups . Certificate of insurance Requirements of the Licensee: 601.302.1 Insurance Required: No license shall be issued until the applicant provides the City with a current policy of insurance covering all vehicles to be used by the applicant in its business. The minimum limits of coverage for such insurance is a combined style limit for bodily injury and property damage of $500,000. 601.302.2 Letter of Credit: Before each license is granted, the applicant shall furnish to the City and deposit with the City Clerk a Letter of Credit in the sum of $1,000. The purpose of the Letter of Credit is to assure compliance with all the provisions and requirements of this subsection and all applicable sanitary rules and regulations. 601.302.3 Reduction of Letter of Credit: If the City finds that the licensee has violated this Section, the City may reduce the Letter of Credit by $500 as a penalty for such violation. Civil Enforcement: The license holder shall be responsible for the conduct of its agents or employees. Any violation of this section shall be considered an act of the license holder for the purposes of imposing a civil penalty, license suspension or revocation. Each violation, and every day which the violation occurs or continues, shall constitute a separate offense. 601.303.1 Notice of Violation. Upon the occurrence of a suspected violation, the Finance Department shall inform the City Manager of the suspected violation. The City Manager shall then send the license holder a written notice of civil violation. The notice shall advise the license holder of the penalty and the license holder's right to request a hearing regarding the violation of this ordinance www.cityofpriorlake.com COUi'JCiLORD,j',;ijC2007\'I07-13Refuse l-iaulsPH'One 952.447.9800 / Fax 952.447.4245 601.303 pursuant to Section 601.400. 601.303.2 Civil Penalties. Each license issued hereunder shall be subject to suspension or revocation for violation of any provisions of this section or the laws of the State of Minnesota as follows: a. First Violation. The first violation of this section is punishable by a civil penalty of $500. b. Second Violation. A second violation of this section within any 36-month period shall be punishable by a civil penalty of $500. c. Subsequent Violation. A third or subsequent violation of this section within any 36-month period shall be punishable by revocation of the license. Any licensee whose license is revoked under this section shall not be eligible for renewal for a period of two license years after revocation. Any civil penalty, suspension or revocation or combination thereof under this section does not preclude criminal prosecution under this Ordinance or Minnesota Statutes Section 609.685. 601.304 Hearing on Violation: Following receipt of a notice of violation and penalty issued under Subsection 601.303, a license holder may request a hearing. A request for a hearing shall be made by the license holder in writing and filed with the City Manager within ten (10) days of the mailing of the notice of alleged violation. Following receipt of the written request for hearing, the license holder shall be afforded an opportunity for a hearing within 30 days. The hearing for a violation as set forth in 601.303.2 a and b shall be conducted by the City Manager. The hearing for a violation of 601.303.2 c shall be conducted by the City Council. 601.304.1 Findings. If after the hearing, the license holder is found in violation of this ordinance, the City Manager or City Council may affirm the denial, impose a fine, issue a suspension or revocation or impose any combination thereof as set forth in Subsection 601.303. 601.304.2 Default. If the license holder has been provided written notice of violation and if no request for hearing is filed within the ten-day period, then the penalty, suspension or revocation imposed in 601.303 shall take immediate effect by default. The City Manager shall mail a notice of the fine, suspension or revocation to the license holder. The Police Department shall confirm compliance with the suspension or termination. 601.304,3 Severability. If any provision of this section is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this Section. This ordinance shall become effective upon passage and publication. Passed by the City Council of the City of Prior Lake this 16th day of July 2007. ATTEST: VJlL City Manager y ?!i #Gf< Mayor Published in the Prior Lake American on the 21 sl day of July 2007. I\COUi~CIL\ORDINM~C\2007\107 -13 Refuse Haulers.doc CITY OF PRIOR LAKE ORDINANCE NO. 107-13 AN ORDINANCE AMENDING SUBSECTION 601 OF THE PRIOR LAKE CITY CODE RELATING TO HEALTH AND SANITATION The City Council of the City of Prior Lake hereby ordains that Seetion 601, subsection 601.300 and 601.1000 are amended to read as follows: 601.300: Garbage And Refuse Collectors: Licenses. Required: Any individual, corporation, partnership or other form of business entity that desires to engage in the business of waste management or refuse hauling is required to first make application to the City Clerk for a license which application shall beonafonnprovided by the City and shall include but not be limited to thefollowinginfonnation: Letter of Credit License Fee Thenarne oftheoWJ1erandlicensee A description of each motor vehicle to be usedfor hauling, including the license number thereof The manner and kind of services to be provided to customers and the cost of pick-ups Certificate of insurance Requirements of the Licensee; Insurance Required: No license shall be issued until the applicant provides the City with a current policy of insurance covering all vehicles to be used by the applicantin its business. The minimum limits of coverage for such insurance is a combined style limit for bodily injury and property damage of $500,000. Letter of Credit: Before each license is granted, the applicant shall furnish to the City and deposit with the City Clerk a Letter of Credit in the sum of $1,000. The purpose of the Letter of Credit is to assure compliance with all the provisions and requirements of this subseetion and all applicable sanitary rules and regulations. Reduction of Letter of Credit: If the City finds that the licensee has violated this Section, the City may reduce the Letter of Credit by $500 as a penalty for such violation. Civil Enforcement: The license holder shall be responsible for the conduct of its agents or employees. Any violation of this section shall be considered an act ofthe license holder for the purposes of imposing a civil penalty, license suspension or revocation. Each violation, and every day which the violation occurs or continues, shall constitute a separate offense. Notice of Violation. Upon the occurrence of a suspected violation, the Finance Department shall infonn the City Manager of the suspected violation. The City Manager shall then send the license holder a written notice of civil violation. The notice shall advise the license holder of the penalty and the license holder's right to request a hearing regarding the violation of this ordinance pursuant to Section 601.400. Civil Penalties. Each license issued hereunder shall be subjeet to suspension or revocation for violation of any provisions ofthis section or the laws of the State of Minnesota as follows: First Violation. The first violation ofthis section is punishable by a civil penalty of $500. Seeond Violation. A second violation of this section within any 36-month period shall be punishable by a civil penalty of $500. Subsequent Violation. A third or subsequent violation of this section within any 36-month period shall be punishable byrevocationofthelicense. . An't11inD.Y'lcn."'tu'h......"'^ 1~......^.......^......~.... ....~~~~1__..J Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Scott ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher ofthe newspapers known as the Shakopee Valley News, Jordan Indepen- dent, Prior Lake American and Savage Pacer, and has full knowledge ofthe facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 1'111 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopqrstu~yz / .YAU.A",zt Ii. JJt{j)j;1U0;'L-t,) ',- By.1 -.....-.7. Laurie A. Hartmann Subscribed and sworn before me on thi, ;2/ <1!daY of ~ 2007 ,':{~~;(//It~~ Notary Public ;/f L ~~~""~N-..~"''''''.''~ G\^/EN ,M. R,A.DUEN~T~ f NOTNi'f Pi.;BUC - MINNESOTA My Commission Expb3S .Jan. 3iJ 2010 ~ RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter................................. $40.00 per column inch Rate actually charged for the above matter.............................................. $11.89 per column inch