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08-26 Bill No 2025-051 City of Richfield August 26, 2025 County of Hennepin State of Minnesota BILL NO. 2025-05 Motion by: Coleman-Woods Seconded by: Burk AN ORDINANCE AMENDING SECTION 601 OF THE RICHFIELD CODE OF ORDINANCES PERTAINING TO SOLID WASTE DISPOSAL, COLLECTION, AND HAULING THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Sub-section 601.01 of the Richfield Code of Ordinances is hereby amended by adding the new subdivision 6 with the double-underlined language below and re-numbering other subdivisions as necessary such that the definitions are in alphabetical order: Subd. 6. “Commercial building.” Any building, or portion of a building, containing one or more commercial establishments that is subject to the requirements of the building and fire codes approved for an occupancy use other than residential occupancy. Section 2. Sub-section 601.01 of the Richfield Code of Ordinances is hereby amended by adding the new subdivision 12 with the double-underlined language below and re-numbering other subdivisions as necessary such that the definitions are in alphabetical order: Subd. 12. “Dwelling unit.” One or more rooms physically arranged so as to create and independent housekeeping establishment for occupancy by one household with separate toilets and facilities for cooking and sleeping. Section 3. Sub-section 601.01 of the Richfield Code of Ordinances is hereby amended by adding the new subdivision 20 with the double-underlined language below and re-numbering other subdivisions as necessary such that the definitions are in alphabetical order: Subd. 20. “Multifamily residential building.” Any residential building consisting of four or more dwelling units, for purposes of this Section 601. Section 4. Subdivision 21 of sub-section 601.01 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language and deleting the following struckthrough language below: Subd. 21. "Non-residential dwelling unit" or "non-RDU". Properties other than RDUs consisting of multi-family residential buildings, residential dwellings in homeowners associations, and commercial, industrial, and institutional establishments buildings that contract directly for their own solid waste collection services, and properties owned by persons or occupants who have received City approval to opt-out of base level solid waste collection services. Home occupations operating in a one-, two-, or three-unit building within the City are not commercial establishments buildings for the purposes of this definition and must comply with all duties of RDU occupants described in subsection 601.07. including utilizing the base level solid waste collection services from a solid waste hauler as contracted by the City. Section 5. Sub-section 601.03 of the Richfield Code of Ordinances is hereby amended by deleting the following struckthrough language below: 601.03. City hauling license required for RDUS and non-RDUS. 2 City of Richfield August 26, 2025 County of Hennepin State of Minnesota BILL NO. 2025-05 No person shall engage in the business of solid waste collection services for RDUs or non-RDUs in the City unless all federal, state, county, or City requirements are met and all necessary approvals, permits, and licenses are secured. Section 6. Sub-section 601.05 of the Richfield Code of Ordinances is hereby amended by deleting the following struckthrough language below: 601.05. Contract required for hauling solid waste from RDUS. All solid waste collected, conveyed, and disposed of by haulers for RDUs shall be pursuant to a written contract with the City that shall specify the hauling districts, base level solid waste collection services, collection hours, additional collection services for residents, extended leave or "snowbird" policies, cart ownership, organics collection, overflow trash policies, and any other details required by the City for any and all solid waste collection services. No person or entity shall engage in the business of solid waste collection services for RDUs in the City unless it is pursuant to a contract with the City. All previous private contracts between solid waste haulers and RDUs shall be considered null and void on October 4, 2021. Section 7. Sub-section 601.07(4) of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language and deleting the following struckthrough language below: 601.07. Duties of all RDUs and non-RDUS generally. It shall be the joint and several responsibility of every occupant of an RDU and non- RDU to perform the following duties: . . . (4)Set out yard waste in either a compostable bag or yard waste cart at curbside for collection by a hauler, self-hauled, or removed by a lawn or landscape business. If yard waste is self-hauled, it shall be taken in a sanitary manner to a county- or City-approved site. If yard waste is kept on the site of an RDU or non- RDU on-site, it is subject to the private composting requirements in this section. . . . Section 8. Sub-section 601.09(1) and (2) of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language and deleting the following struckthrough language below: 601.09. Specific duties of RDU occupants. In addition to the duties described in subsection 601.07, it shall be the joint and several responsibility of every occupant of an RDU to perform the following duties: (1)Utilize the base level solid waste collection services from a solid waste hauler as contracted by the City. No occupant of an RDU shall dispose of solid waste in a cart that is not on their property. If an occupant of an RDU wishes to self-haul, the occupant shall first obtain approval from the City using the process and form provided by the City to apply for permission to self-haul any solid waste. The form shall require proof to the City of the regular disposal of solid waste at a disposal facility or facilities 3 City of Richfield August 26, 2025 County of Hennepin State of Minnesota BILL NO. 2025-05 approved by the City and the county. Occupants of RDUs approved for self-hauling are required to dispose of their solid waste as specified on their individual form as approved by the City and otherwise are required to comply with the duties of RDU occupants described in subsection 601.07. (2) Follow the City's and hauler"s City and hauler guidelines and instructions for storing, disposing of, and setting out all solid waste, including placement of trash and recyclables in appropriate carts for each type of solid waste with the lid fully closed. Carts must be placed for curbside collection adjacent to the street or alley, unless the RDU has been approved for walk-up service collection. Solid waste shall be set out at ground- level and not obstruct the roadway. All solid waste must be set out and collected such that no solid waste is left adjacent to the street or alley after collection. . . . Section 9. Sub-section 601.11 of the Richfield Code of Ordinances is hereby repealed in its entirety and replaced with the double-underlined language below: 601.11. Specific duties of multi-family residential buildings. In addition to the duties described in sub-section 601.07 and sub-section 544.05 of the Richfield Zoning Code, it shall be the responsibility of each multi- family residential building and its owner or management to ensure: (1) Solid waste from a multi-family residential building shall be collected no less than once each week and as often as once each business day if necessary to protect public health. (2) In accordance with Minnesota Statutes, Section 115A.552 and Hennepin County Ordinance 13, available space for the collection of recyclable materials shall be sufficient to contain all recyclable materials generated from the building. (3) Weekly service capacity for recyclable materials shall be a minimum of .09 cubic yards per residential dwelling unit, or one cubic yard per 11 dwelling units. (4) In accordance with Hennepin County Ordinance 13, separate, labeled bins for the disposal of recyclable material, shall be located in close proximity to the collection point for garbage. (5) In accordance with Hennepin County Ordinance 13, instructions related to the collection of solid waste within the building shall be distributed in print or electronic form annually to each tenant located at the premises. Instructions must detail location of collection points, accepted recyclable materials, and, if provided, accepted organic materials. In the case of a service change, the responsible party shall offer new instructions no later than 30 days after the change. (6) Upon written request from the city, information related to sub-section 601.11(1) through (5) shall be provided to the city in written form or through a site inspection. Section 10. Section 601 of the Richfield Code of Ordinances is hereby amended by adding the new sub-section 601.13 with the double-underlined language below and re- numbering other sub-sections as necessary: 4 City of Richfield August 26, 2025 County of Hennepin State of Minnesota BILL NO. 2025-05 601.13. Specific duties of non-RDUs other than multi-family residential buildings. In addition to the duties described in sub-section 601.07, it shall be the joint and several responsibility of every occupant of a non-RDU other than multi-family residential buildings, as described in sub-section 601.11, to perform the following duties: (1) Arrange for the collection of solid waste by a hauler pursuant to a private contract that provides for at least weekly collection of the same in an approved disposal facility that has been approved by the City and the county. (2) Follow the City's guidelines and instructions for RDUs related to storing, disposing of, and setting out all solid waste, including placement of solid waste in suitable and sufficient carts or receptacles with tight fitting covers and with the lid fully closed. (3) Place carts or containers at curbside no more than 12 hours before, but no later than, the onset of the collection hours on collection day and remove the containers by the end of collection day. (4) Follow the County’s guidelines and instructions for commercial, industrial, and institutional buildings and establishments related to the collection of recyclable materials as outlined in Hennepin County Ordinance 13. Section 11. Sub-section 601.19 of the Richfield Code of Ordinances is hereby amended by deleting the following struckthrough language below: 601.19. Collection vehicles used for hauling. All haulers shall collect solid waste from RDUs and non-RDUs in appropriate vehicles approved by the City and shall be equipped to meet all federal, state, county, and City laws, statutes, regulations, ordinances, policies, and contracts concerning vehicles used on City streets and alleys and maintained to meet those standards. Section 12. Subdivision 1 of sub-section 601.21 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language and deleting the following struckthrough language below: 601.21. Hauling license application and renewal. Subdivision 1. Except for solid waste hauling pursuant to sub-section 601.05, A a City license is required for all haulers of solid waste operating in the City for RDUs and non-RDUs. . . . Section 13. Sub-section 601.27 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language and deleting the following struckthrough language below: 601.27. Hauler service and reporting requirements. Subdivision 1. Every hauler shall provide recycling service to each RDU or non- 5 City of Richfield August 26, 2025 County of Hennepin State of Minnesota BILL NO. 2025-05 RDU customer from whom solid waste is collected. Subd. 2. Every hauler shall report to the City’s Sustainability Solid Waste Specialist, within 30 days after the end of each calendar year, all weight receipts received from the county for solid waste collected from RDUs in the City. All haulers shall report any tonnage information requested by City staff as part of the license renewal application. Subd. 3. No hauler shall dispose of solid waste upon any lands in the City, except at an approved disposal site, such as a transfer station, county and City approved site, or waste processing facility. An approved disposal site in the City is a site for disposal of solid waste approved by the City, licensed by the county in accordance with Minnesota Statutes, section 473.811, subdivision 5a and operated and conducted in accordance with all federal, state, county, and city requirements. This Section shall not be construed as limiting the disposal of solid waste to sites only within the City or the county. Subd. 4. Every hauler shall comply with all requirements of this Section. Subd. 5 4. Every hauler for RDUs shall comply with all federal, state, county, and City laws, statutes, regulations, ordinances, policies, and contracts. Section 14. Sub-section 601.33 of the Richfield Code of Ordinances is hereby amended by deleting the following struckthrough language below: 601.33. Penalty. Violation of any provision of this Section shall be a misdemeanor. Civil penalties may also be issued pursuant to Section 12.15 of the City Charter and Section 1.19 of this Richfield Code of Ordinances. Nothing in this Section shall be constructed to limit the City's other available legal remedies for any violation of the law, including without limitation, criminal, civil and injunctive actions. Section 15. Sub-section 601.37 of the Richfield Code of Ordinances is hereby amended by adding the following double-underlined language and deleting the following struckthrough language below: 601.37. Delinquent RDU accounts. Subdivision 1. Each RDU owner or its duly authorized property manager paying for collection of solid waste and for other collection services, must pay the total amount set forth in the bill on or before the due date listed on the bill. Failure to make payment by the due date listed on the bill will result in a late fee assessment of five percent (5%) per month of the total amount due and owing. Subd. 2. Accounts shall be considered delinquent when any portion of the balance due exceeds thirty (30) days past the original due date. Subd. 3. By August 1st of each year, haulers must submit all unpaid RDU balances greater than one hundred dollars ($100.00) to the City, along with documentation of the hauler’"s hauler’s efforts to collect. City staff will verify the accuracy of the unpaid balance and send the unpaid balances list to the City Finance 6 City of Richfield August 26, 2025 County of Hennepin State of Minnesota BILL NO. 2025-05 Department for processing. If any RDU makes payment on a delinquent account after August 1 and before the City sends assessment letters in September, the hauler will notify the City of the amounts paid. Subd. 4. The Finance Department City will prepare an assessment roll for the delinquent amounts and will schedule a public hearing with the City Council in October of each year for adoption of the assessment roll. Subd. 5. If, prior to or following the public hearing, any hauler receives payment on any delinquent RDU account, the hauler will notify the City of the amounts paid. Subd. 6. After the public hearing in October, the City will reimburse the haulers for their respective total of delinquent amounts to be assessed by the City. After the public hearing, any payments received by the haulers on delinquent accounts must be submitted to the City. Subd. 7. The City Finance Department will accept track payments on delinquent accounts up until November 15 of each year. Thereafter, the City will certify all remaining delinquent charges to Hennepin County for assessment and collection along with property taxes. Subd. 8. The City reserves the right to change its assessment procedure described in this Section. The City will communicate any changes in its assessment procedure to the haulers in advance of the changes. Section 16. This ordinance will be effective in accordance with Section 3.09 of the City Charter. VOTING AYE VOTING NAY Supple, Mary Supple, Mary Burk, Walter Burk, Walter Christensen, Sharon Christensen, Sharon Coleman-Woods, Rori Coleman-Woods, Rori Hayford Oleary, Sean Hayford Oleary, Sean Adopted by the City of Richfield this 26th day of August, 2025. Mary Supple, Mayor ATTEST: Michelle Friedrich, City Clerk CITY OF RICHFIELD RESOLUTION NO. 12333 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING SECTION 601 OF THE RICHFIELD CITY CODE PERTAINING TO SOLID WASTE DISPOSAL, COLLECTION, AND HAULING WHEREAS, the City has adopted the above-referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. 2025-05 AN ORDINANCE AMENDING SECTION 601 OF THE CITY CODE This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance, which amends City Code Section 601: Solid Waste Disposal, Collection, and Hauling, related to Hennepin County Ordinance 13 detailing multi -unit recycling requirements that cities need to abide by, and include in their own code to be able to enforce. Copies of the ordinance are available for public inspection in the City Clerk’s office during normal business hours or upon request by calling the City Clerk at 612- 861-9739. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of August, 2025. Mary B. Supple, Mayor ATTEST: Michelle Friedrich, City Clerk