2006 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443.01 [Repealed, 1949 c 119 s 110]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.
History: 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443.02 [Repealed, 1973 c 702 s 26]

443.03-443.07 [Repealed, 1947 c 154 s 2]

443.08-443.13 [Repealed, 1957 c 608 s 2]

443.14 [Repealed, 1976 c 44 s 70]

443.15 [Repealed, 1976 c 44 s 70]

443.16 [Repealed, 1976 c 44 s 70]

443.17 [Repealed, 1976 c 44 s 70]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.
History: (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.
History: (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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 1945 c 185 s 10