2004 Minnesota Statutes

CHAPTER 443. Rubbish removal

  443.01 Repealed, 1949 c 119 s 110 

     443.015 Assessment to dispose of garbage in 
  certain cities. 

    The council of any statutory city or city of the fourth 
 class which shall provide by contract or otherwise for regular 
 collection and disposal of garbage or refuse from dwellings and 
 places of business in the statutory city or city of the fourth 
 class may by ordinance obligate the owners of all property 
 served to pay the proportionate cost of such service to their 
 respective properties, and in default of payment such city 
 council may annually levy an assessment equal to such unpaid 
 cost as of September first of each year, against each lot or 
 parcel of land so served for which the service charge is 
 unpaid.  Such assessment may include a penalty not to exceed ten 
 percent of the amount thereof and shall bear interest at such 
 amount not exceeding six percent per annum as the council shall 
 determine.  Such assessment shall be certified to the auditor of 
 the county in which the land assessed is situated and shall be 
 collected and remitted to the city treasurer in the same manner 
 as assessments for local improvements. 

    HIST: 1943 c 223 s 1; 1973 c 123 art 5 s 7 

  443.02 Repealed, 1973 c 702 s 26 

  443.03-443.07 Repealed, 1947 c 154 s 2 

  443.08-443.13 Repealed, 1957 c 608 s 2 

  443.14 Repealed, 1976 c 44 s 70 

  443.15 Repealed, 1976 c 44 s 70 

  443.16 Repealed, 1976 c 44 s 70 

  443.17 Repealed, 1976 c 44 s 70 

     443.18 May have garbage plant in first class city.  

    Any city of the first class in the state, is hereby 
 authorized and empowered to acquire, by purchase or 
 condemnation, lands on which to erect plants for the destruction 
 of garbage and other refuse matter; also to purchase, erect, 
 operate, and maintain such plants for the destruction of garbage 
 and other refuse matter, also to provide for the collection of 
 all such garbage or refuse matter and delivering the same to 
 such destruction plants or other places, and to pay and contract 
 to pay for the same in such annual installments and at such a 
 rate of interest on deferred payments as the council of the city 
 may determine.  Each and every act and thing authorized by 
 sections 443.18 and 443.19 shall receive at least a 
 three-fourths vote of all members of the council before the same 
 shall be effective for any purpose.  

    HIST: (1601) 1905 c 121 s 1 

     443.19 Limit of indebtedness; tax estimates.  

    The obligations incurred by any city of the first class in 
 the making of any such contracts shall not be considered as a 
 part of its indebtedness under the provisions of its governing 
 charter, or of any law of this state fixing the limit of amount 
 of its indebtedness; nor shall it be required, at any time 
 before making, or during the life of such contracts, to have 
 specifically provided for the same by previous tax estimates or 
 levy, or to provide for or have on hand in its treasury more 
 money applicable to such contracts than the amount to be paid 
 thereon during a single year.  

    HIST: (1602) 1905 c 121 s 2 

  443.20 Repealed, 1976 c 44 s 70 

  443.21 Repealed, 1976 c 44 s 70 

  443.22 Repealed, 1976 c 44 s 70 

  443.23 Repealed, 1976 c 44 s 70 

  443.24 Repealed, 1976 c 44 s 70 

  443.25 Repealed, 1976 c 44 s 70 

     443.26 Rates for rubbish disposal, cities first class.  

    Any city of the first class in the state of Minnesota, in 
 addition to the powers conferred upon it by its charter or any 
 law of this state, is hereby authorized to establish rates for 
 the removal, collection, and disposal from public or private 
 property of rubbish, and to collect the same in the manner set 
 forth in sections 443.26 to 443.35.  

    HIST: 1945 c 185 s 1 

     443.27 Definitions.  

    For the purpose of sections 443.26 to 443.35, the word 
 "rubbish" is defined as any one or all of the following 
 substances: offal, garbage, ashes, barnyard litter, manure, 
 rubbish, barnyard cleanings, dead animals, or any other foul or 
 unhealthy stuff or material.  For the purposes of such sections 
 all of said substances are hereinafter referred to as "rubbish". 

    The words "rubbish disposal" mean the removal, collection, 
 and disposal of "rubbish" from public or private property within 
 any such city.  

    Wherever the words "city council" are used in sections 
 443.26 to 443.35, they mean the chief governing body of any such 
 city.  

    Where the word "facilities" is used in sections 443.26 to 
 443.35, it means all mechanical apparatus, shop or office 
 equipment, and public or private grounds purchased, leased, or 
 otherwise permanently or temporarily acquired, for the disposal 
 of rubbish, including tax forfeited lands which may be acquired 
 and used for rubbish disposal, if the board of county 
 commissioners in the county wherein any such city is located 
 shall consider and determine that it is in the best interest of 
 the state that such tax forfeited lands will be enhanced in 
 value by such use.  Any such board of county commissioners may 
 add to the appraised value of any such lands the benefit they 
 determine has accrued to such lands by reason of the use thereof 
 for such purpose.  

    HIST: 1945 c 185 s 2 

     443.28 Powers of council.  

    The council of any such city is authorized to employ 
 present facilities, and to provide additional facilities, for 
 rubbish disposal.  Rates for such rubbish disposal, together 
 with regulations incident thereto, shall be established by 
 ordinance.  Such rates shall be as nearly as possible just and 
 reasonable, taking into account the character, kind, and quality 
 of service, of rubbish and method of disposition, the number of 
 people served at each place of collection, and all other factors 
 that enter into cost of service, including interest on 
 principal, investments, amortization of principal, depreciation, 
 and other overhead charges upon facilities now owned and 
 operated by any such city, or hereafter acquired for such use.  
 Said rates when fixed may be billed in such manner as the city 
 council may determine, or added to and collected with water 
 bills and bills for sewage disposal rendered to owners, lessees 
 or occupants of property, or as herein otherwise provided.  

    HIST: 1945 c 185 s 3 

     443.29 Rates a charge against premises.  

    The rates for rubbish disposal shall be a charge against 
 the premises from which rubbish is collected, and the owner, 
 lessee, or occupant of the premises, or against any or all of 
 them, and any claim for unpaid rates charged or rentals which 
 have been properly billed to the occupant of the premises may be 
 collected in a civil action in any court of competent 
 jurisdiction, or, in the discretion of the city council of the 
 city, may be certified to the county auditor with the taxes 
 against such property served, and shall be collected as other 
 taxes are collected.  Payment of delinquent rentals shall be 
 credited to the fund as are current funds for that purpose.  

    HIST: 1945 c 185 s 4 

     443.30 Publication of ordinance.  

    The ordinance establishing rates for rubbish disposal shall 
 be published in the official newspaper of the city, and shall 
 set forth the rates for each type of service, and shall contain 
 a notice to all persons or parties interested that the same will 
 be considered at a public hearing not less than 30 days from the 
 publication of said ordinance, upon which date a public hearing 
 shall be conducted at which any person affected by any rate 
 shall be given an opportunity to be heard as to the rate which 
 the person will be called upon to pay.  Said ordinance and the 
 rates established therein shall take effect at the conclusion of 
 said hearing, or at such other date as shall be fixed by such 
 ordinance.  

    HIST: 1945 c 185 s 5; 1986 c 444 

     443.31 Regulations.  

    The governing body in providing for rubbish disposal may by 
 the ordinance, or any amendment thereto, provide in what 
 districts or along which streets collection shall be made, and 
 volume of rubbish to be collected, leaving certain amounts or 
 types of rubbish to private disposal, but shall continue to have 
 the authority to regulate the time and manner of private 
 disposal, varied according to the nature of the rubbish 
 accumulated and disposed of.  Such regulation may provide for 
 immediate abatement of any condition which is a menace to public 
 health and safety.  In such cases notice may be given to the 
 owner or occupant of premises for the summary disposal of 
 rubbish or unhealthy or unsafe condition by posting upon the 
 premises notice of what is required.  If the notice be not 
 obeyed within the time fixed in said notice, the city shall have 
 the right to remove such rubbish or such unhealthy or unsafe 
 condition, charging such rates as are prescribed, or the cost 
 thereof, and shall have the right to collect the same as rates 
 and charges are herein authorized to be charged, made and 
 collected.  In lieu of such method, the city may, for adequate 
 compensation, by contract with the owner of any premises, 
 perform any service upon public or private property in the 
 removal of rubbish, covering with proper filling material any 
 foul, unhealthy or unsafe material, including low grounds, which 
 are or may become foul, unhealthy or unsafe.  

    HIST: 1945 c 185 s 6 

     443.32 Methods.  

    The city council shall have the authority to direct the 
 method of handling and storage of rubbish on public or private 
 premises, to require the owner, lessee, or occupant of the 
 premises to place the same at the most convenient place upon the 
 premises, and if convenience in the collection thereof requires 
 containers on premises for the handling thereof, the city 
 council may require the same.  

    HIST: 1945 c 185 s 7 

     443.33 Rubbish disposal fund.  

    Rates charged and collected, including compensation for 
 work under contract, shall be deposited in a fund separate and 
 distinct from any and all other city funds, to be designated 
 "Rubbish Disposal Fund", which shall be a continuing fund to 
 which shall be credited all receipts, and to which shall be 
 charged all costs, principal or current, incident to such 
 activity.  Moneys may be temporarily advanced to said fund from 
 any available unencumbered and unappropriated balance in any 
 other fund or funds, and as receipts permit, reimbursement of 
 moneys advanced from other funds shall be made.  

    HIST: 1945 c 185 s 8 

     443.34 Powers additional.  

    The provisions of sections 443.26 to 443.35 shall be 
 construed as an addition to existing charter or statutory powers 
 of any city of the first class and not as an amendment to or 
 repeal thereof, the purpose of these sections being to permit 
 any city of the first class to engage in the activities 
 hereinbefore authorized, to promote the public health, safety, 
 welfare, convenience, and prosperity of the city.  The activity 
 herein authorized shall be considered a public utility and such 
 activity may be merged and operated with any other city operated 
 utility, if deemed necessary and economical.  Accounting for the 
 activity herein authorized shall be separate as hereinbefore 
 directed.  

    HIST: 1945 c 185 s 9 

     443.35 Violations, penalties.  

    Any such city of the first class is hereby authorized by 
 ordinance to impose penalties and provide for punishment for 
 violation of any ordinance or regulation relative to the 
 accumulation of rubbish, its collection or disposition.  

    HIST: 1945 c 185 s 10