ORD 2024-07 Amending the City Code Regarding Fee Schedule, Solid Waste, Alcohol Licensing Peddlers, and Rental HousingCITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO: 2024-07
AN ORDINANCE AMENDING THE CITY CODE REGARDING THE FEE SCHEDULE; SOLID WASTE; ALCOHOL
LICENSING; PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS; AND RENTAL HOUSING
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 3-1-2.A of the City Code (Finances and Taxation; Schedule of Fees; Licenses) is
hereby amended to revise the following rows:
Peddlers, c^'� ^'��;T ar transient merchants
S�section 4-5-2 GB
$100.00/applicant
kense
Section 2. Section 3-1-2.A of the City Code (Finances and Taxation; Schedule of Fees; Licenses) is
hereby amended to amend the following rows:
Liquor:
Subsection 4-1-8.A.3
On -Sale 3.2 liquor
$100400
Off -Sale 3.2 liquor
$100400
Club
$75.00
On -sale intoxicating liquor
$4,500.00
Off -sale intoxicating liquor
$150.00
Intoxicating liquor (Sunday)
$200.00
Investigation Fee (single or corporation)
$500.00
Set-ups
No Ges
Wine
$150000
Consumption and display
100.00
Temporary liquor
$75.00
Small brewer (off -sale)
$150900
Brewpub o -sale
$200.00
Brewpub (off -sale)
200 00
Taproom
2 0
Cocktail Room
4 500.00
Microdistillery (off-salel
200.00
1
Farm Winery 200.00
Section 3. Section 341 2.D. of the City Code (Finances and Taxation; Schedule of Fees; Licenses)
is hereby amended to amend the following rows:
b. Otsego Creek I I $^,'�004 765.00/net acre
Section 4. 5ection 4-1-2 of the City Code (Business and License Regulations —Alcoholic Beverages;
Definitions) is hereby amended to revise following definitions:
RESTAURANT: A business under the control of a single proprietor or manager having a full service kitchen,
in consideration of payment, meals are regularly served ^++^"'�� *" to the general public with seating
facilities for not less than thirty (30) people and which employs an adequate staff to provide the usual and
suitable service to its guests, and part of the business of which is the serving of foods. S �^" establishmenthall have faeolities f9F seating not less than fifty (50) guests at one time.
Section 5. Section 4-1-4 ofthe City Code (Business and License Regulations —Alcoholic Beverages;
Types of Licenses) is hereby amended to add the following provisions with subsequent sections
renumbered accordingly.
G Off -Sale Microdistillery License: A microdistillery license may be issued for off -sale of distilled
spirits allowing the sale of up to a total of seven hundred fifty (7501 milliliters per customer per
day of product manufactured on site, in any size container or combination of containers approved
by the Alcohol and Tobacco Tax and Trade Bureau.
Section 6. Section 4-1-4.A of the City Code (Business and License Regulations —Alcoholic
Beverages; Types of Licenses) is hereby amended to read as follows:
A. Brewpub, Off -Sale License: An off -sale brewpub license may be issued only in accordance with
Minnesota Statutes 340A.24, Subd. 2.
Section 7. Section 4-1-4.B of the City Code (Business and License Regulations —Alcoholic
Beverages; Types of Licenses) is hereby amended to read as follows:
B. Brewpub, Off -Sale License: An off -sale brewpub license may be issued only in accordance with
Minnesota Statutes 340A.24, Subd. 1.
Section 8. Section 4-1-4.0 of the City Code (Business and License Regulations — Alcoholic
Beverages; Types of Licenses) is hereby amended to read as follows:
C. Cocktail Room License: A cocktail room license may be issued only in accordance with Minnesota
Statutes 340A.22. Subd. 2.(al.
Section 9. Section 4-1-4.H of the City Code (Business and License Regulations —Alcoholic
Beverages; Types of Licenses) is hereby amended to read as follows:
H. On -Sale Intoxicating Liquor License: An on -sale intoxicating liquor license may be issued only to
Festaw. those uses allowed by Minnesota Statutes 340A.404. Subd. 1. whose gFE)ss feed and
0
) attFibutable to the sale of fee4y
a copv of their food license from the Minnesota
Department of Health is submitted to the City with application for a license in accordance with
this chapter.
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Section 10. Section 4-1-4.1 of the City Code (Business and License Regulations —Alcoholic
Beverages; Types of Licenses) is hereby amended to read as follows:
I. On -Sale Sunday Liquor Sale License: An on -sale Sunday liquor sale license may be issued to
establishments holding an on -sale liquor license hereunder in accordance with Minnesota
{' Statutes 340A.504, Subd. 3. Sueh-REense sW^'ml-Fit-the ;^ ^�-�-; te beea,n;med-en
t,"�
A separate application for &ucAa Sunday liauor
sale license shall be made to the City in the same manner as applications for other licenses to sell
intoxicating liquor are made hereunder.
Section 11. Section 4-1-4.P.1.a of the City Code (Business and License Regulations —Alcoholic
Beverages; Types of Licenses) is hereby amended to read as follows:
a. Not more than four (4) consecutive days and no more than +"�^^ ��� ^ ^'^, f^�
(4) 3 day, eF (6) 2 day tempeFaFy ii m"iRatien net t^ ^)(E;ee 1
twelve (12) days per year to any one organization or registered political
committee, or for any one location, within a twelve (12) month period.
Section 12. Section 4-1-4.P.5 of the City Code (Business and License Regulations —Alcoholic
Beverages; Types of Licenses) is hereby amended to read as follows:
Temporary licenses shall first be approved by the Citv before beine subject to review and
approval of Commission of Public Safety before they become valid.
Section 13. Section 4-1-5.A of the City Code (Business and License Regulations —Alcoholic
Beverages; Term of License) is hereby amended to read as follows:
A. License Term: All liquor licenses shall be issued for a term not greater than one year and shall
expire on June 30 each year, except for temporary licenses reeulated by Section 4-1-4.P of this
cha ter.
Section 14. Section 4-1-6.A.3 of the City Code (Business and License Regulations —Alcoholic
Beverages; Conditions of License) is hereby amended to read as follows:
3. Area Of License: No license shall be effective beyond the areas approved in the license for
which it was granted, except for off -sale delivery as fie -allowed in accordance with
Minnesota Rules 7515.0580.
Section 15. Section 4-1-6.C.1 of the City Code (Business and License Regulations —Alcoholic
Beverages; Conditions of License) is hereby amended to read as follows:
1. Hours Of Operation:
a. The allowed hours _of_sale shall be as set forth by the provisions of Minnesota
sb. Persons other than employees of the licensee may not be in the premises from
thirty (30) minutes after the sale of malt liquor or intoxicating liquor is prohibited
until thirty (30) minutes before the sale is permitted.
Section 16. Section 4-1-6.C.3.b of the City Code (Business and License Regulations —Alcoholic
Beverages; Conditions of License) is hereby amended to read as follows:
b. Performance Standards:
(1) The patio shall not be enclosed in such a manner that the space becomes
an indoor area as defined by Minnesota Statute.
(2) The patio shall be a�ae located on the same property as the
licensed premises "". Sh.;;re "+ least one E)n wall with the iieeRsed
pFepmses building in aeee.rd.aanee. with Minnesota Statute; t be
adjacent to, but not required to be attached to, the principal building.
and shall not be part of a public street, sidewalk, or other public
gFesproperty or right-of-way.
44
EWA
(43) Screening may be required if the premises is adjacent to a residential
district established by the zoning ordinance, consistent with the
fencing/screening/landscaping provisions of the zoning ordinance.
(�4) Liquor and food may be served, dispensed, possessed, displayed, or
furnished on a patio located within one hundred fifty feet (150') of a
residential district between the hours of seven o'clock (7:00) A.M. and
ten o'clock (10400) P.M. Sunday through Thursday, and between the
hours of seven o'clock (7:00) A.M. and eleven o'clock (11:00) P.M. on
Friday and Saturday.
(g5) The patio shall be in compliance with the noise amplification and outdoor
entertainment provisions of this Code.
5
(�6) The premises shall be in compliance with the following provisions oft#e
^nlRg ardonanGetitle 11 of this code, including, but not limited, to the
following:
(A) Exterior lighting.
(B) Screening and landscaping.
(�C) Off street parking.
(GD) Signs.
Section 17. Section 4-1-6.C,3.c of the City Code (Business and License Regulations —Alcoholic
Beverages; Conditions of License) is hereby amended to read as follows:
c. The patio site plan shall be subject to review by the City Clerl<, Zoning
Administrator, Emergency Services Director, and Building Official for compliance
with applicable City codes and the zoning ordinance.
Section 18. Section 4-1-6.C.6.a of the City Code (Business and License Regulations —Alcoholic
Beverages; Conditions of License) is hereby amended to read as follows:
a ^���^��f{'� �^^+,T e City Clerk. Zoning Administrator. Emergency Services
Dim Building Official. deputies of the Wright County
Sheriff's Office, or any properly designated officer or employee of the City shall
have the unqualified right to enter, inspect, and search the premises of any
licensee hereunder at any time without a warrant.
Section 19. Section 4-1-7.A of the City Code (Business and License Regulations —Alcoholic
Beverages; Securities) is hereby amended to read as follows:
A. All applicants for ane-eii^r, �.2 ^^.-,.^„+ w,.,l+ Us.,^:� or ,.,;.,^ w,,.�+a
license under this chapter shall, as a condition to the issuance of the license, maintenance of the
license and renewal of the license, demonstrate to the City proof of financial responsibility as set
forth in Minnesota Statutes section 340A.409 with regard to liability imposed by Minnesota
Statutes section 340A.801.
Section 20. Section 4-1-8.D of the City Code (Business and License Regulations —Alcoholic
Beverages; Administration of Licenses) is hereby amended to read as follows:
D. Investigations: At the time of making an initial application, renewal application, or request for a
new operating officer, the applicant shall, in writing, authorize the City Clerk and/or Wright
0
County Sheriffs Office to investigate all facts set out in the application and do a personal
background and felony criminal record check on the applicant. The applicant shall further
authorize the City Clerk and/or Wright County Sheriff's Office to release information received
from such investigation to the City Council.
Section 21. Section 4-1-8.F.2.a of the City Code (Business and License Regulations —Alcoholic
Beverages; Administration of Licenses) is hereby amended to read as follows:
a. Except in the case of a golf course, licenses shall only be issued �efor a efined
space that is compact and contiguous and issued only for the exact rooms, patios,
and square footage described in license the application.
Section 22. Section 4-5-1 of the City Code (Business and License Regulations —Peddlers, Solicitors
and Transient Merchants; Definitions) is hereby amended to add the following definitions:
CITY CLERK: The Otsego city clerk appointed by the city council, or their designee.
NON -COMMERICAL DOOR-TO-DOOR ADVOCATE: A person who goes door-to-door for the primary
purpose of disseminating religious, political, social, or other ideological beliefs. For purpose of this
ordinance the term door-to-door advocate shall fall under the term solicitor and include door-to-door
canvassing and pamphleteering intended for non-commercial purposes.
REGULAR BUSINESS DAY: Anv day during which the city hall is normally open for the purpose of conducting
public business, not including holidays defined by Federal or State law.
Section 23. Section 4-5-1 of the City Code (Business and License Regulations —Peddlers, Solicitors
and Transient Merchants; Definitions) is hereby amended to revise following definitions:
Ala a
UP
AS Aft
•• • • out of
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Section 24. Section 4-5-2.6 of the City Code (Business and License Regulations —Peddlers,
Solicitors and Transient Merchants; Licensing of Peddlers and Transient Merchants) is hereby amended to
read as follows:
Be
Application For License: Application for a license to conduct business as a peddler or transient
merchant shall be made at least �^�*^^^ ��"fifteen 115)115) regular business days before the
7
applicant desires to begin conducting business within the City limits. Application for a license shall
be made on a form provided by the City. All applications shall be signed by the applicant. Any
fraud, misrepresentation, or false statement on the application shall constitute a violation of this
chapter. All applications shall include the following information:
1. Applicant's full legal name, and any other names used or known by in the past;.
2. All other names under which the applicant e-ts-has or does conduct businessf or to
which the applicant officially answers;_
3. A physical description ofthe applicant (hair color, ey_e color, height, weight, distinguishing
marks and features, etc.) ;_
4. Full address of the applicant's permanent residence;_
5. Telephone number of the applicant's permanent residence;=
6. Full legal name of any and all business operation(=) owned, managed, or operated by the
applicant, or for which the applicant is an employee or agent;_
7. Full address of the applicant's regular place of business (if any) ;,
8. Any and all business related telephone number(=) of the applicant;. including cellular
phones and facsimile machines and e-mail addresses
9. The type of business for which the applicant is applying for a license;
10. The dates during which the applicant intends to conduct business and the number of days
he or she will be conducting business in the City;_
11. Any and all address(es) and telephone number(s) where the applicant can be reached
while conducting business within the City, including the location where a transient
merchant intends to set up business;_
12. A statement as to whether or not the applicant has been convicted within the last five (5)
rye s of any felony, gross misdemeanor or misdemeanor, for violation of any State or
Federal Statute or any local ordinance, other than traffic offenses;_
13. A list of the five -(5three 3 most recent locations where the applicant has conducted
business as a peddler or transient merchant;:
14. Written permission of the property owner or the property owner's agent for any property
to be used by a transient merchant;,
0
�915. License plate number, ate -registration information, Vehicle Identification Number (VIN)
and physical description for any vehicle to be used in conjunction with the licensed
business and a sGiciptien of the „eh 4o.
�A16. The applicant's driver's license number or other acceptable form of identification;_
��. Recent passport style photograph of the applicant;_
2318. Written consent authorizing the City to request a criminal history background
investigation in accordance with title 1, chapter 6 of this Code.
Section 25. Section 4-5-2.D of the City Code (Business and License Regulations —Peddlers,
Solicitors and Transient Merchants; Licensing of Peddlers and Transient Merchants) is hereby amended to
read as follows:
D. Procedure:
1. The Citv Clerl<shall determine if an aaalication for a license under this chapter is complete
within fifteen (15) days of receipt of the application and payment of the license fee: Aan
application shall be determined to be complete only if all required information is
provided.
2. If the City Clerk determines that an application is incomplete, +tthey shall inform the
applicant in writing of the information required to be provided prie�to R.
1'eensecomplete the aaalication.
�3. a. The City shall review the application and order any investigation, including
background investigations, necessary to verify the information provided with the
application.
b
a. Applicants for a license under this chapter shall be subject to a criminal history
background investigation, as required by subsection 1-6-2C of this Code and
processed in accordance with section 1-6-3 of this Code.
The City Clerl< shall either approve or deny the license within thirty (30) �-days
after receipt of a complete application.
certioF.aFI.Denial of an applications,
Ihe city clerk shall provide an applicant
application for license having been denied stating the reasons for the action and the right
of the applicant to request a hearing to appeal the decision.
b.
Upon receiving
the
notice
of an application
for
license
being denied.
the
applicant
shall
ten (10)
days to
request
a
hearing
to appeal
the
decision.
c. If
reauested
by an applicant
within
the
allowed
timeframe. a
hearing shall
be scheduled
within thirty
(30) days
from
the date
of
the request.
d. Hearing:
(1) The hearing shall be conducted by the city council.
12) The applicant shall be provided opportunity to refute the reasons for the
application having been denied, to plead for issuance of the license, or to justify
the actions for which the city denied the license, including the cross examination
of witnesses that testify against the applicant_ and the right to produce witnesses
on their behalf.
131 The city council shall give full consideration to all evidence presented during the
hearing and make a determination whether to deny or issue the reauested
license.
(4) The city clerk shall notify the applicant via first class U.S. Mail of the city council
decision stating, in detail. the reasons for the action within ten (10) days of the
close of the hearing,
e. Appeal. Anv person whose license is denied following a hearing by the city council
shall have the right to appeal that decision to Court of Aaaeals.
Section 26. Section 4-5-4 of the City Code (Business and License Regulations —Peddlers, Solicitors
and Transient Merchants; Exemptions from License) is hereby amended to read as follows:
4-5-4: EXEMPTIONS
A. For the purpose of this chanter. the terms peddler, solicitor. and transient merchant shall not
a I to:
1 Non-commercial door-to-door advocates. Nothing within this ordinance shall be
interpreted to prohibit or restrict non-commercial door-to-door advocates. Person
engaging in non-commercial door-to-door advocacy shall not be required to register as a
solicitor under Section 7.
2. Any person
5
selling
or
attempting
to sell
at
wholesale
any goods,
wares,
products.
merchandise.
or
other
personal property
to
a
retail
seller
of the
items
being
sold by
the
s]
wholesaler.
3 Any person who makes initial contacts with other people for the purpose of establishing
or trying to establish a regular customer delivery route for the delivery of perishable food
and dairy products, such as baked goods or milk.
4. Anv person making deliveries of perishable food and dairy products to the customers on
his or her established delivery route,
5. Anv person making deliveries of newspapers, newsletters. or other similar publications
on an established customer delivery route, when attempting to establish a regular
delivery route, or when publications are delivered to the community at large.
6. Anv person conducting the type of sale commonly Known as garage sales, rummage sales.
or estate sales.
7. Anv person participating in an organized multi -person bazaar or flea market.
8. Anv person conducting an auction as a properly licensed auctioneer.
9. Anv officer of the court conducting acourt-ordered sale.
B. The licensing requirements of this chapter shall not apply to:
1. Any person selling or attempting to sell, or to take or attempt to take orders for, any
product grown, produced, cultivated, or raised on any farm or garden within the City,,
subiect to compliance with Title 11_of this code and other applicable regulations. Sueh
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2. Persons exercising that person'= State or Federal constitutional rights, except if that
person'= exercise of constitutional rights is merely incidental to a commercial activity;_
3. Persons selling personal property at wholesale to retailers;_
4. Daily newspaper sales;=
5. Merchants or their employees or agents delivering goods in the regular course of
business;,
6. Persons age eighteen (18) years or younger soliciting for school -sponsored activities or
for youth organizations where persona age eighteen (18) years or younger are the
members of the organization where the proceeds of the sale benefit the school or youth
organization;_
Section 27. Section 4-5-5 of the City Code (Business and License Regulations —Peddlers, Solicitors
and Transient Merchants; Ineligibility for License) is hereby amended to read as follows:
11
4=5-5: INELIGIBILITY FOR LICENSE: The following shall be grounds for denying a license or registration
under this chapter:
A. The failure of the applicant to obtain and show proof of having obtained any required license;.
B. The failure of the applicant to truthfully provide any of the information requested by the City as
a part of the application, or the failure to sign the application, or the failure to pay the required
fee at the time of application;_
C. T#e� conviction e#-t#e�t within the oast five (51 vears of the date of application for any
violation of any Federal or State Statute or regulation, or of any local ordinance, which adversely
reflects on the person's ability to conduct the business for which the license is being sought in an
honest and legal manner that will not adversely affect the health, safety, and welfare of the
residents of the City:,Ssuch violations shall include, but not be limited to: burglary, theft, larceny,
swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm
against another person;;-e�
D. The revocation within the past five (5) years of any license issued to the applicant for the purpose
of conducting business as a peddler, solicitor, or transient merchant.
E When an applicant has a bad business reputation: evidence of a bad business reputation shall
include, but is not limited to, the existence of more than three (3) complaints against an applicant
with the Better Business Bureau, the Office of the Minnesota Attorney General or other state
attorney general's office, or other similar business or consumer rights office or agency. with the
preceding twelve (12) months, or three (3) complaints filed with the city against an applicant
within the preceding five (5) years,
Section 28. Section 4-5-7 of the City Code (Business and License Regulations- Peddlers, Solicitors
and Transient Merchants; Transient Merchants) is hereby amended to read as follows:
A. Transient merchants are specifically prohibited within the City except in the following
circumstances:
1. Transient merchants operating within a building;
2. The sale of plants, flowers or Christmas trees;
3. Persons selling local farm or garden products; and
4. Persons selling personal property at wholesale to retailers, to daily newspaper sales, to
merchants or their employees or agents delivering goods in the regular course of
business, or to a person selling or peddling the products of the farm or garden.
12
B. Transient merchants that are not prohibited ff+wj�Fs a I comply with the 61ty's wing ^Fu"nanee
provisions of title 11 of this code and any other applicable ordinances.
Section 29. Title 4, Chapter 5 of the City Code (Business and License Regulations —Peddlers,
Solicitors and Transient Merchants) is hereby amended to add the following section with subsequent
sections renumbered accordingly:
4-5-8: REGISTRATION: All solicitors and any person exempt from the licensing requirements of this
ordinance under 4-5-4 of this chapter shall be required to register with the city prior to engaging in those
activities.
A. Registration shall be made on the same form required for a license application, but no fee shall
be required.
B. Immediately upon completion of the registration form. the city clerk shall issue to the registrant
a certificate of registration as proof of the registration. Certificates of registration shall be non
transferrable.
C. Individuals that will be engaging in non-commercial door-to-door advocacy shall not be required
to register.
Section 30. Section 4-5-8 of the City Code (Business and License Regulations —Peddlers, Solicitors
and Transient Merchants; Exclusion by Placard) is hereby amended to read as follows:
4-5-8: EXCLUSION BY PLACARD:
• • • •
shall enter the property of another for the purpose of conducting business as a peddler, solicit
or transient merchant, non�commercial door4oAoor advg�a or other similar activfty when t
'r, solicit
When tl
property is marked with a sign or placardat
three and thFee fewahs inehes 0031, wide with pFint ef at least 48 peint n so;% stat4ng�41%1
B The sign or placard shall:
1. Be at least four (4) inches long.
2. Be least four (4) inches wide.
3. Have a font size of at least forty eight (481 point.
13
4. State No Peddlers. Solicitors. or Transient Merchants". "Peddlers. Solicitors. and
Transient Merchants Prohibited", or other comparable statement
C. No person other than the property owner or tenant shall remove, deface, or otherwise tamper
with any sign or placard under this section.
Section 31. Section 4-5-9 of the City Code (Business and License Regulations —Peddlers, Solicitors
and Transient Merchants; Prohibited Activities) is hereby amended to read as follows:
4-5-9: PROHIBITED ACTIVITIES: No peddler, solicitor, or transient merchant. non-commercial door-to-
door advocate, or other person engaged in other similar activities shall conduct business in any of the
following manners:
A. Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk, or
other public right -of- way.
B. Conducting business in such a way as to create a threat to the health, safety, or welfare of any
I
ndividual or the general public
business •- •• OOffinegVht
• •: OOof • day, unless suGh peFseR has been expicessly invited te de so
D. Failing to provide proof of license or registration and identification when requested or using the
license or registration of another person.
E. Failing to wear or display the certificate of registration or licensure provided by the City on the
licensed or registered individual's outermost clothing or to return the certificate to the City in
accordance with the requirements of this chapter.
F. �IyAlleeine false or misleading statements about the product or service being sold,
including untrue statements of endorsement:�Alno peddler, solicitor, or transient merchant shall
claim to have the endorsement of the City solely based on the City having issued a license or
certificate of registration to that person.
G. Remaining on the property of another when requested to leave, or to otherwise conduct business
in a manner a reasonable person would find obscene, threatening, intimidating, or abusive.
H. Entering upon any premises or attempting to enter in or upon any premises wherein a sign or
placard bearing the notice "peddlers or solicitors prohibited" or language similar thereto, is
located.
Selling or soliciting sales by transient merchants from public property or right-of-way or from
private property unless he owns the property or has written permission from the owner.
14
J Calling attention to the business or the items to be sold by means of blowing any horn or whistle,
ringing any bell crying out, or by any other noise, so as to be unreasonably audible within an
enclosed structure.
Section 32. Section 4-5-11 of the City Code (Business and License Regulations —Peddlers,
Solicitors and Transient Merchants; Suspension or Revocation of License or Registration) is hereby
amended to read as follows:
MVP
Pr
Mr
sv�.
_
NIL
"Id
15
1 1
4-5-11: ENFORCEMENT:
A. Violation:
1. Any license issued under this chanter may be subject to enforcement action at the
discretion of the City Council for violation of any of the following:
a. Fraud, misrearesentation, orincorrect statements on the aapiication form:
b. Fraud. misrearesentation. or false statements made during the course of the
license activity.
c. Subsequent conviction of anv offense for which granting of a license could have
been denied under this chapter.
d, Violation of anv provision of this chanter or other provisions of the city code
2. A separate offense shall be deemed to have been committed upon each day during on or
which a violation occurs or continues.
B, susaension and/or Revocation:
1. Notice:
a. A licensee shall be given written notice sent via first class U.S. mail of a susaension
or revocation action stating the charges against the licensee and the right to
request a hearing to appeal the suspension or revocation.
b. The notice shall provide the following information:
(1) State the alleged violation(s).
(21 Inform the licensee that the city council will consider suspending or
revoking the license.
(31 Identify the date, time, and location of the hearing.
2. Hearing:
a. A hearing shall be scheduled within thirty (30) days from the date of the notice to
16
4-5-11: ENFORCEMENT:
A. Violation:
1. Any license issued under this chanter may be subject to enforcement action at the
discretion of the City Council for violation of any of the following:
a. Fraud, misrearesentation, orincorrect statements on the aapiication form:
b. Fraud. misrearesentation. or false statements made during the course of the
license activity.
c. Subsequent conviction of anv offense for which granting of a license could have
been denied under this chapter.
d, Violation of anv provision of this chanter or other provisions of the city code
2. A separate offense shall be deemed to have been committed upon each day during on or
which a violation occurs or continues.
B, susaension and/or Revocation:
1. Notice:
a. A licensee shall be given written notice sent via first class U.S. mail of a susaension
or revocation action stating the charges against the licensee and the right to
request a hearing to appeal the suspension or revocation.
b. The notice shall provide the following information:
(1) State the alleged violation(s).
(21 Inform the licensee that the city council will consider suspending or
revoking the license.
(31 Identify the date, time, and location of the hearing.
2. Hearing:
a. A hearing shall be scheduled within thirty (30) days from the date of the notice to
16
the licensee is issued.
b. The hearing shall be conducted by the city. council.
c. The licensee shall be provided opportunity to refute the alleged violations. to
plead for retention of the license, or to justify the actions for which the city. is
seeking to suspend or revoke the license, including the cross examination of
witnesses that testify against the licensee and the right to produce witnesses on
their behalf.
d. The city. council shall give full consideration to all evidence presented during the
hearing and make a determination whether to suspend or revoke a license as oaf
a specific date by adoption of a resolution based on a finding that a violation has
occurred.
P. The city. clerk shall notify. the applicant_ of the city. council decision stating, in
detail, the reasons for the action within ten (10) days of the close of the hearing
via first class U.S. Mail.
3. Multiple Persons Under One License. The suspension or revocation of any. license issued
for the purpose of authorizing multiple persons to conduct business as peddlers or
transient merchants on behalf of the licensee shall serve as a suspension or revocation of
each authorized person's authority to conduct business as a peddler or transient
merchant on behalf of the licensee whose license is suspended or revoked.
4. Appeal. Any. person whose license is suspended or revoked following a hearing by the
city council shall have the right to appeal that decision to Court of Appeals.
C. Criminal Penalties:
1. Any. person who fails to comp_Iv w_ ith any. provision of this chapter shall be deemed to have
committed a penal violation.
2. The penalty. for violation of this chapter shall be a misdemeanor per Minnesota Statutes
14 2.231.
D. Rights Reserved. The citv reserves the right to all means of administrative, civil. and/or criminal
enforcement for violations of the provisions of this chapter.
Section 33. Section 4-6-4.A of the City Code (Business and License Regulations —Rental Housing;
License Requirements) is hereby amended to read as follows:
A. License Required:
1. No person, firm, or corporation shall operate a rental dwelling unit without first having
obtained a license to do so from the City as provided in this chapter.
�7
2. Single family, two-family, townhouse dwelling units where there is more than one (1)
owner within a single building, and condominium multiple family dwelling units shall
require a separate license for each dwelling unit.
3. Townhouse dwelling units owned by one (11 owner within one building and �4multiple
family dwellings shall require one license per principal building as defined by the zoning
ordinance under single ownership.
4. State licensed boarding care homes, nursing homes, and, residential care facilities,
Including memory care, whether a principal use or as incorporated within a multiple
family building shall be exempt from the requirements of this chapter.
Section 34. Section 4-64 of the City Code (Business and License Regulations — Rental Housing;
License Requirements) is hereby amended to include the following provisions with subsequent sections
renumbered accordingly:
E. Procedure:
1. The City Clerk shall determine if an application for a license under this chanter is complete
within fifteen (15) days of receipt of the application and payment of the license fee; an
application shall be determined to be complete only if all required information is
provided.
2.
If
the
Citv
Clerl<
determines
that
an application
is
incomplete,
they
shall
inform
the
applicant
in writing of
the
information
required
to be
provided
to complete
the
application.
3. The
Citv
shall
review the
application
and
order
any
investigation.
including
background
investigations,
necessary
to
verify the information
provided
with the application.
4. The Citv Clerl< shall either approve or deny the license within thirty 1301 days after receipt
of a complete application.
5. Denial of an application:
a The city clerk shall provide an applicant written notice sent via first class U.S. mail of a
application for license having been denied stating the reasons for the action and the right
f the applicant to request a hearing to appeal the decision.
c. If requested by an applicant within the allowed timeframe, a hearing shall be scheduled
within thirty (30) days from the date of the request.
d. Hearing;
I- 1-. I• • •I• -• • nvARLRJM
2) The applicant shall be provided opportunity to refute the reasons for the
application having been denied, to plead for issuance of the license, or to justify
the actions for which the city denied the license, including the cross examination
of witnesses that testify against the applicant and the right to produce witnesses
on their behalf.
(3) The city council shall give full consideration to all evidence presented during the
hearing and make a determination whether to deny or issue the requested
i qe. s
(4) The city clerk shall notify the applicant via first class U.S. Mail of the city council
decision stating, in detail, the reasons for the action within ten (10) days of the
close of the hearing.
e. Appeal. Anv person whose license is denied following a hearing by the city council
all have the right to appeal that decision to Court of Appeals.
Section 35. Section 4-6-12 of the City Code (Business and License Regulations —Rental Housing;
Penalties and Violations) is hereby amended to read as follows:
VAJESONSF
NAME AMEN
AN MSAMWA%"
�mom-a-
� I
E
I�
=:Wwaaol
0111
AM
ZWAL�Ak
A. Violation:
1. Anv
license
issued
under
this
chapter
may
be
subject
to enforcement action at the
discretion of the Citv
Council for violation
of
any
of
the following:
a, Fraud, misrepresentation, or incorrect statements on the application form -
Fraud misrepresentation or false statements made during the course of the
license activity.
19
c. Subsequent
conviction
of any
offense
for which
granting of
a
license could
have
been denied
under
this
chapter:
d. Violation of any provision of this chapter or other provisions of the city code
2. A separate offense shall be deemed to have been committed upon each day during on or
which a violation occurs or continues.
B Suspension and/or Revocation
1. Notice:
a. A licensee shall be given written notice sent via first class U.S. mail of a suspension
or revocation action stating the charges against the licensee and the right to
request a hearing to appeal the suspension or revocation.
b The notice shall provide the following information•
(11 State the alleged violation(sl.
(2) Inform the licensee that the city council will consider suspending or
revoking the license.
(3) Identify the date, time. and location of the hearing.
2. Hearing:
a. A hearing shall be scheduled_ _within thirty (301 days from the date of the notice to
the licensee is issued,
b. The hearing shall be conducted by the city council.
c. The licensee shall be provided opportunity to refute the alleged violations. to
plead for retention of the license, or to iustifv the actions for which the city is
seeking to suspend or revoke the license. including the cross examination of
witnesses that testify against the licensee and the right to produce witnesses on
their behalf.
d. The city council shall give full consideration to all evidence presented during the
hearing and make a determination whether to suspend or revoke a license as opf
a specific date by adoption of a resolution based on a finding that a violation has
occurred.
e. The city clerk shall notify the applicant of the city council decision stating. in
detail, the reasons for the action within ten (101 days of the close of the hearing
via first class U.S. Mail.
20
3 Appeal. Any person whose license is suspended or revoked following a hearing by the
city council shall have the right to appeal that decision to Court of Appeals.
C. Criminal Penalties:
1. Anv person who fails to comply with any provision of this chapter shall be deemed to have
committed a penal violation.
2. The penalty for violation of this chapter shall be a misdemeanor per Minnesota Statutes
412, 231,
D Rights Reserved The city reserves the right to all means of administrative. civil, and/or criminal
enforcement for violations of the provisions of this chapter
Section 36. Section 5-3-1 of the City Code (Health, Sanitation, and Environment —Solid Waste
Collectors; Definitions) is hereby amended to add the following definitions:
CITY CLERK: The Otsego city clerk appointed by the city council, or their designee.
COMPOST or COMPOSTING: The controlled biological decomposition and manaEement of selected solid
waste to produce an innocuous, humus -like material, which can be used as a soil conditioner.
COMPOSTABLE MATERIAL: Anv material that is primarily organic and can be decomposed through
biological activity.
COMPOSTING FACILITY: A site or facility used to compost or co -compost solid waste including all
structures or processing equipment used to control drainage, collect and treat leachate. and storage areas
for the incoming waste, the final product, and residuals resulting from the composting process.
DEMOLITION WASTE: Solid waste resulting from construction. remodeling. repair. erection and
demolition of buildings. roads and other artificial structures, including: concrete, brick. bituminous
concrete untreated wood, masonry, glass, trees, rock. plastic building parts plumbing fixtures, roofing
materials, wallboard, and built-in cabinetry. Demolition waste does not include: asbestos waste: auto
glass: wood treated with chemical preservatives: furniture: lighting equipment: vermiculite: contaminated
soil• firebrick; food waste: machinery: engine parts: liquid paints: paint thinners or solvents: varnishes:
street sweepings: tar: carpet/padding if not affixed to a structure: mattresses: adhesives, caulking,
sealants and applicators, brushes, containers, tubes, filters contaminated with these materials:
sandblasting materials: agricultural chemicals or containers (including empty pesticide, herbicide. and
insecticide containers): chemical containers: animal carcasses, parts, or rendering and slaughterhouse
wastes; appliances (including white goods and brown goods): ashes or hot wastes that could
spontaneously combust or ignite other wastes due to high temperatures: ash from incinerators, energy
recovery facilities and power plants: batteries: carbon filters: fluorescent tubes and ballasts: high -intensity
discharge lamps• foundry wastes: hazardous waste: household refuse or garbage: infectious waste: liquids
(any type) liquid nonhazardous materials: medical waste: mercury containing wastes (thermostats.
switches): PCB contaminated wastes: petroleum products and their containers or filters (including oil.
grease or fuel): radioactive waste (unless natural materials at normal background levels): septage: sludges
21
(including ink, lime, wood, sewage or paper): live coal tar (including applicators, containers, and tubes);
waste tires; vehicles; yard waste; and packaging materials, including cardboard, paper, shrink-wrap and
-
stvrofoam A mixture of demolition waste with other solid waste is not demolition waste.
HAULER: Anv person in the business of the collection and transportation of solid waste.
JUNK• Scrap copper brass rope rags batteries paper, trash, rubber debris ferrous material nonferrous
material, inoperable automobiles, farm and construction machinery and parts thereof.
LICENSE: Authorization by the city to conduct business services that may be limited to a specific period of
time, specific person, and/or a specific site in the city.
LICENSEE: The landowner. owner. operator. or other person or persons given authority by the Department
to establish, operate, and maintain a solid waste management activity, disposal site or facility.
MOTOR VEHICLE• Every vehicle that is self-propelled including, but is not limited to all -terrain vehicles,
buses, motorcycles passenger cars, recreational vehicles, semi -trucks, snowmobiles, boats and other
watercraft, trucks, and vehicles used for racing or demolition derbies.
NUISANCE• The creation of conditions or acts that unreasonably annoy injure or _endanger the safety
health, comfort, or repose of any number of members of the public.
SELF HAULER: A person who transports their own solid waste for solid waste management purposes.
SHORELAND: Land located within the following distances from the ordinary high water elevation of public
waters: 1,000 feet from ordinary high water level of a lake, pond, or flowage: and 300 feet of a river or
stream whichever is greater. The limits of shorelands may be reduced whenever waters involved are
bounded by topographic divides which extend landward from the waters for lesser distances and when
approved by the commissioner.
SOLID WASTE COLLECTION: Gathering of solid waste from public and private places.
SOLID
WASTE
HAULER:
Anv person
or persons
who
collects
or
transports
any
solid
waste:
except. an
individual resident
hauling his
or her
own
household
waste is
not
a solid
waste
hauler.
SOURCE SEPARATED COMPOSTABLE MATERIALS: Materials that: (1) are separated at the source by waste
generators forthe purpose of preparing them for use as Compost: (2) are collected separately from MSW:
(3) are comprised of food wastes, fish and animal waste, plant materials, and paper that is not recyclable
because the Department has determined that no other person is willing to accept the paper for recycling;_
and (4) are delivered to the Facility to undergo controlled microbial degradation to yield a humus -like
product meeting the MPCA's class l or class II, or equivalent, compost standards and where process
residues do not exceed 15 percent by weight of the total material delivered to the facility.
SOURCE SEPARATED MATERIALS: Solid waste that generators separate from mixed municipal solid waste,
solid waste that will be reused, used as substitutes for raw material in a manufacturing process. or
converted into a usable soil amendment.
22
Section 37. Section 5-3-1 of the City Code (Health, Sanitation, and Environment — Solid Waste
Collectors; Definitions) is hereby amended to revise the following definitions:
OPERATOR: The person or persons responsible for t e epertfene., t11e-10c.4i a rB'"
sUbpaFagFaph 7 3-managing the day to day physical handling of solid waste at a particular site or facility.
Jeed vendees, and contract for deed vendors,
PERSON: Any �-+}human being, municipality or other governmental or political subdivision
or other public agency, public or private corporation. partnership. firm. association. organization. receiver.
trustee, assignee, agent or other legal entity.
.._
Section 38. Section 5-3-4.6 of the City Code (Health, Sanitation, and Environment —Solid Waste
Collectors; License Requirements) is hereby amended to read as follows:
B. License Requirements:
VW W
Kip NMWMONAM��=A N�Xwmalwau
a. County License Reauired. Collectors of any solid waste within the city limits shall
first have obtained the appropriate license from the county if the county issues a
license for the activity.
b. Collectors of any solid waste within the city limits shall obtain a city collector's
license and no collector shall operate within the city without such a license.
c Issuance of the license does not constitute endorsement of the collector nor does
it indicate any intention on the citv's part to be bound or held liable for any
actions taken by the collector or the results of those actions.
23
2. Application For License.
a, Applicants for city collector licenses shall make application to the city on forms
provided by the city and thF u h „ r=ed Fes eFibed by the rot„ r,,wneli,
b. Fees:
111 The solid waste collector shall pay all license fees with the license
application and the license renewal application as required by section 3-
1-2 of this code
12) No license fee shall be prorated for a portion of a vear and no license fee
W!
11ZMMM,Talll
c. Information Required:
1. A list of all vehicles. including satellite_vehicles, to be used for solid waste
collection and transportation, specifying make, model, and year for each
vehicle: each vehicles rated capacity, tare weight, license plate number,
state issued registration number, and the designated facility number, if
applicable, exclusively issued for that specific vehicle.
2 The total number of commercial accounts in the city and the total
number of residential accounts in the city.
3. The days of the week solid waste is collected.
4. Certificatels) of insurance pursuant to Section 5-3-4.B.3 of this chapter.
d. The city clerk shall determine if an application for a license under this chapter is
complete within fifteen (151 days of receipt of the application and payment of the
license fees an application shall be determined to be complete only if all required
information is provided.
e. If the city clerk determines that an application is incomplete, they shall inform
the applicant in writing of the information required to be provided to complete
the application.
f Solid waste collector licenses shall be granted to any collector of solid waste upon
presentation to the Citv Clerk of evidence that a current State of Minnesota and
Wright County licenses have been obtained, and posting of a bond in the name
of the city of Otsego, provision of certificates of insurance meeting the
requirements of this chapter naming the city as an additional insured. and
compliance with the provisions of this chapter and other applicable regulations
of this code.
g. Denial of an application:
24
1)
The
city
clerk
shall
provide
an applicant
written notice sent
via
first class
U.S. mail
of
a
application
for license having been denied
stating the
reasons
for the
action
and
the right of the applicant to request
a hearing
to appeal
the decision,
(2)
Upon
receiving
the
notice
of an
application
for
license
being
denied,
the
applicant shall
ten (10)
days
to
request a hearing
to appeal
the decision.
a) The hearing shall be conducted by the city council.
(b) The applicant shall be provided opportunity to refute the reasons
for the application having been denied, to plead for issuance of
the license, or to iustifv the actions for which the city denied the
license, including the cross examination of witnesses that testify
against the applicant and the right to produce witnesses on their
behalf.
.(c)_ The city council shall eive full consideration to all evidence
presented during the hearing and make a determination whether
o deny or issue the requested license.
d).
The
city clerk
shall
notify
the
applicant
via
first
class
U.S. mail
of
the city council decision stating, in detail. the reasons for the
action within ten (10) days of the close of the hearing.
(5)
Appeal.
Anv person
whose
license
is denied
following
a
hearing
by the
city council
shall have the
right
to appeal
that
decision
to Court
of Appeals.
3. Insurance RequirementsIII
IN
i�i
obtain. maintain. and submit with the license application
certificates of insurance issued by insurers duly licensed by the State of
Minnesota providing the following coverage, or a self-insurance plan certified by
the Department of Commerce providing equivalent coverage.
r�nsrr�r�:�rsrrrnrer�c .......
.......
b. Workers Compensation Insurance:
applicable State Statutes.
(2)
Such
policy
shall
include
Employer's
Liability
Coverage
in
at
least
such
amount(s) as are customarily
issued
in Minnesota
and
an
All States
or
13) In the event a licensee is a sole proprietor and has elected not to provide
workers' compensation insurance, the licensee shall be required to
execute and submit to the city an affidavit of sole proprietorship in a form
acceptable to the city.
(a)
Commercial
general
liability
coverage, providing coverage on an
"occurrence", rather than on a "claims made" basis, which policy
shall include, but shall not be limited to. coverage for bodily
jnjurv. property damage, personal injury. contractual liability
applying to this contract). independent licensees. "XC&U" and
products -completed operations liability (if applicable).
(b)
equivalent
Such
coverage may
be provided
under
an equivalent
policy
form
for forms), so long as such equivalent form (or forms) affords
coverage that is at least as broad: an Insurance Services Office
"Comprehensive General Liability" policy that includes a "Broad
Form Endorsement", shall be considered to be an acceptable
policy form.
(c) The licensee shall maintain at all times during the period of the
icense a total combined general liability aolicv limit of at least
$1,000,000 for each occurrence and 52,000,000 aggregate.
applying to liability for bodily injury, personal Injury, and
property damage, which total limit may be satisfied by the limit
afforded under its "commercial general liability" policy, or
eauivalent policy, or by such policy in combination with the limits
afforded by an "umbrella" or "Excess Liability" policy (or policies).
provided, that the coverage afforded under any such "umbrella"
or "excess liability" policy is at least as broad as that afforded by
the underlving "commercial general liability policy (or eauivalent
(d) Such commercial general liability policy and "umbrella" or
"excess liability" policy (or policies) may provide aggregate limits
for some or all of the coverage afforded thereunder. so long as
such aggregate limits have not. as of the beginning of the term or
at any time during the term been reduced to less than the total
required limits stated above, and further. that the "umbrella" or
"excess liability" policy provides coverage from the point that
such aggregate limits in the underlying comprehensive genera
liability policy become reduced or exhausted
c. Automobile Liability:
(1) Business automobile liability insurance shall be obtained and shall cover
liability for bodily injury and property damage arising out of ownership.
use, maintenance. or operation of all owned, non -owned and hired
automobiles and other motor vehicles utilized by the licensee in
connection with performance under a license issued in accordance with
this section.
(2) Such policy shall provide total liability limits for combined bodily and/or
property damage in the amount of at least 51.500.000 per accident.
Which total limits may be satisfied by the limits afforded under such
policy, or by such policy in combination with the limits afforded by an
"Umbrella" or "Excess Liability" policy(jes) provided that the coverage
afforded under any such "Umbrella" or "Excess Liability" policy(ies) shall
be at least as broad with respect to such business automobile liability
Insurance as that afforded by the underlying policy.
(3) Unless included within the scope of the licensee's commercial general
liability policy. such business automobile liability shall also include
coverage for motor vehicle liability assumed under contract.
d. Evidence:
(1) A licensee shall provide the city with evidence that the Insurance
coverage required by this section is in full force and effect at least twenty
(20) days prior to the granting of a license by the city.
27
(2) At least thirty (30) days prior to termination of any such coverage.
licensee shall provide the city with evidence that such.coverage will be
renewed or replaced upon termination with insurance that compiles with
these provisions.
13) Such evidence of insurance shall be in the form of a "certificate of
insurance" or in such otherform as the city may reasonably request, and
shall contain sufficient information to allow the Department to
determine whether there is compliance with these provisions
(4) At the
request of the
city. the
licensee shall.
in addition
to providing such
evidence of insurance. promptly
furnish the city with a complete (and if
so requested, insurer
-certified) copy of each insurance policy intended to
provide coverage required by this section.
(51 All insurance policies required by this section shall be endorsed to require
that the insurer provide at least a sixty (60) day notice to the city prior to
e effective date of policy cancellation, non -renewal, or material
adverse change in coverage terms.
(6) The
licensee's
insurance agent
shall
certify
on the
certificate
of
insurance.
that
they
have error and omissions
coverage.
e. Insurers Policies:
(1)
All
policies
of
insurance required
by this
section shall
be issued
by
financially responsible insurers licensed to do business in the State of
Minnesota, and all such insurers shall be acceptable to the city: such
acceptance shall not be unreasonably withheld or delayed.
(2) An insurer with a current A:M. Best Company rating of at least A: VII shall
be conclusively deemed to be acceptable: in all other instances, the city
shall have twenty (20) business days for the date of _receipt of a licensee's
evidence of insurance to advise the licensee in writing of any insurer that
Is not acceptable to the city: if the city does not respond in writing within
such twenty (20) day period. the licensee's Insurer(s) shall be deemed to
be acceptable to the city.
Wait
wim::
AL
2ji All
Low am mommill
b4. Term Of Licensea4:
I'll C. •IM IS . •
date of issuance unless • earlier shall be Fenei.Vable upon applieatieR
b Application
for renewal
of
a
solid
waste
collection
license shall
be processed
in
accordance with section
5-3-4
B 2
of this
chapter.
g�. No Vested Right: No solid waste collector holding a city solid waste collector license
pursuant to this chapter shall acquire a vested right of any kind in that license. T=tne city
may, upon finding that public necessity requires, determine at anv time to establish other
means of Fefusesolid waste collection.
�36. Exemptions From license: The license requirements of this section shall not apply to
persons who haul garbage, refuse, or recyclables from their own residence or business
property. Provided the following conditions are met:
a. Garbage and refuse is hauled in containers meeting the standards established in
this chapter.
b. Garbage and refuse is disposed of only at designated sanitary landfills or other
facilities authorized by the County.
c. Recyclables are disposed of only at a recycling facility, an organized recycling
drive, or through licensed collectors.
d. Yard waste is privately composted, or is disposed of at a composting facility
.authorized by the government agency or political subdivision with jurisdiction to
do so.
Section 39. Section 5-3-4.0 of the City Code (Health, Sanitation, and Environment —Solid Waste
29
Collectors; License Requirements) is hereby amended to read as follows:
C. Duty To Provide Service:
1. A licensed collector of mixed Municipal solid waste shall pick up all such waste which has
been deposited for collection pursuant to this chapter and the contract between the
collector and the generator.
2. Each collector shall have a telephone number listed in a telephone directory of general
circulation in the city or on a webpage accessible to the public. and shall provide
telephone answering service between the hours of nine o'clock (9:00) A.M. and four thirty
o'clock (4:30) P.M. Monday through Friday, except on legal holidays.
3.
If the
customer was not serviced
because the
waste containers
were not accessible
on
the
scheduled
collection
day,
the collection
shall be
made as soon as possible by
agreement between
the license
collector and
customer.
4. The licensed collector shall replace at its expense. containers which are damaged by the
licensed collector's carelessness or the carelessness of licensed collector's employees or
aa_
5 A
licensed
collector
is
prohibited
from
driving
the
collection
vehicle
upon
the
private
driveways
of residents
unless
written approval
is
first obtained
from
such
resident.
Section 40. Section 5-3-4 of the City Code (Health, Sanitation, and Environment —Solid Waste
Collectors) is hereby amended to include the following provisions with subsequent sections renumbered
accordingly:
E. Reporting Reauired:
1. All licensed solid waste collectors shall keen records and report annually no later than
January 15 of each year to the city information relating to the collection. processing, and
disposal of solid waste and recyclable materials collected by the solid waste collector
during the prior calendar year.
2. The annual report shall include the following information:
a. The volume or weight, type(s) of solid waste collected, such as residential, yard.
organic, commercial. industrial. construction, and demolition debris. or any other
general type of solid waste or recycling.
b. Number of residential and non-residential accounts.
c. Total weight of solid waste collected by type documented by a state certified
scale or other city approved documentation method.
30
d. Location(s) where solid waste was delivered, deposited, processed, or marketed
and the total amount of waste delivered to each solid waste facility or other
location.
In addition to the annual report required by this section* each licensed collector of
recyclable materials shall submit a quarterly report to the City as required by section 5111,3-
7 of this chapter.
Section 41. Section 5-3-6.B of the City Code (Health, Sanitation, and Environment —Yard Waste)
is hereby amended to read as follows:
B. Licensed Collector Required: Collectors of yard waste shall hold a valid city solid waste collector=s
license as provided for by section 5-34.6.2 of this chapter.
Section 42. Section 5-3-7.A of the City Code (Health, Sanitation, and Environment —Recycling) is
hereby amended to read as follows:
A. Licensed Collector Required: Collectors of recyclable materials shall hold a valid city solid waste
collectors -license as provided for by section 5-34,6.2 of this chapter.
Section 43. Section 5-3-8.6,3 of the City Code (Health, Sanitation, and Environment —Waste
Disposal Facilities and Methods) is hereby repealed in its entirety:
SAL
FASI
MEN
0 11
A
11
N
ALL as
A
a a
an
Nil
AM OAK
Section 44. Section 5-3-8.6.4 of the City Code (Health, Sanitation, and Environment —Waste
Disposal Facilities and Methods) is hereby repealed in its entirety:
OF F
AN r.TFv"WT7=
AMON
MIN
31
0
.�, r.�s�
■:tissrraw
Pan
Mm
. rass�na�:rer�n:�rs
now .0
as 1
32
. rass�na�:rer�n:�rs
now .0
as 1
32
. rass�na�:rer�n:�rs
now .0
as 1
32
32
LUAU
WIN
A.
Man
Section 45. Section 5-3-8.6.4 of the City Code (Health, Sanitation, and Environment —Waste
Disposal Facilities and Methods) is hereby repealed in its entirety:
zw
Ica
INNESSFORPRUMPMT93�e�
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Section 46. Section 5-3-10 of the City Code (Health, Sanitation, and Environment —Violations and
Penalties) is hereby amended to read as follows:
MA
M
IN 1110
NEW 0
34
Q. Violation:
1. _Any license issued under this chapter may be subject to enforcement action at the
discretion, of the City Council for violation of any of the following:
a. Fraud. misrepresentation. orincorrect statements on the application form:
b. Fraud. misrepresentation. or false statements made during the course of the
license activity.
c. Subsequent
conviction
of
anv
offense
for which
granting of
a
license could
have
been denied
under
this
chapter:
d. Violation of anv provision of this chapter or other provisions of the city code
A separate
offense
shall
be
deemed to
have been committed
upon each
day during on or
which
a violation occurs
or
continues.
B. Suspension and/or Revocation:
1. Notice:
if111• - - i i • #t�F�ill�iiFI1Q • - •
HOW
.i .l •
b. The notice shall provide the following information:
(11 State the alleged violation(sl.
21 Inform the licensee that the city council will consider suspending or
revol<in� the license.
(31 Identify the date. time. and location of the hearing.
2. Hearing:
ao
A hearing shall be scheduled within thirty (301 days from the date of the notice to
the licensee is issued.
b. The hearing shall be conducted by the city council.
c. The licensee shall be provided opportunity to refute the alleged violations. to
lead for retention of the license. or to justify the actions for which the city is
seeking
to suspend
or
revoke
the
license, including
the
cross examination
of
witnesses that
testify against
the licensee and the right
to
produce witnesses
on
35
their behalf.
d. The city council shall give full consideration to all evidence presented during the
hearing and make a determination whether to suspend or revoke a license as of
ecific date by adoption of a resolution based on a finding that a violation has
occurred.
e The
city
clerk
shall
notify
the
applicant
of
the
city
council
decision
stating. in
detail
the reasons
for the
action
within ten (10)
days
of the
close of the hearing
via first class U.S. Mail.
3. __Appeal.
Anv person whose
license
is suspended
or
revoked
following
a
hearing
by the
city
council
shall have the right
to appeal
that
decision
to Court of Appeals.
C. Criminal Penalties:
committed
. penal
violatign,
2. The penalty for violation of this chapter shall be a misdemeanor per Minnesota Statutes
1
D.
Rights
Reserved.
The
city reserves
the
right
to
all
means of
administrative,
civil.
and/or criminal
enforcement
for
violations of the
provisions
of
this
chapter.
Section 47. This Ordinance shall become effective immediately upon its passage and publication.
(Remainder of this page intentionally left blank)
ADOPTED by the Otsego City Council this 201 day of June, 2024.
MOTION BY: Moores
SECONDED BY: Dahl
IN FAVOR: Stockamp, Dahl, Dunlap, Goede, and Moores
OPPOSED: none
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerl<
37
SUMMARY OF ORDINANCE NO.: 2024-07
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING THE FEE SCHEDULE; SOLID WASTE; ALCOHOL
LICENSING; PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS; AND RENTAL HOUSING
NOTICE IS HEREBY GIVEN that on June 24, 2024, Ordinance 2024-07 was adopted by the City
Council of the City of Otsego, Minnesota,
NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends City Code
pertaining to the fee schedule; solid waste; alcohol licensing; peddlers, solicitors, and transient
merchants; and rental housing.
ADOPTED by the Otsego City Council this 24th day of June, 2024.
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in
summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerl<,
Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.
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