It is hereby unlawful for any person, firm or
corporation to transport or collect garbage and refuse for hire in
the City of Breckenridge, Minnesota, without first obtaining a license
to do so.
Any person, firm or corporation desiring a license
to collect garbage or refuse shall submit a written application to
the City Council for a license which said application shall contain
the following:
A. The name and address of the applicant and the trade
name, if any, under which he or she proposes to operate.
B. The street address of the applicant's office in the
City of Breckenridge.
C. A list and a description of the equipment and the
number of personnel the applicant proposes to use in making such collection.
D. A schedule of rates proposed to be charged for the
collection of garbage and refuse from single-family dwellings, apartment
houses, multiple-family dwellings and any commercial establishments
with which the applicant has had experience.
E. A statement that as to all commercial establishments
whose rates are not listed in the application and as to all commercial
establishments not in existence at the time of the application, the
applicant agrees to charge a reasonable rate subject to the supervision
of the Public Utilities Commission of the City of Breckenridge.
F. A schedule of the pickups proposed to be made from
all premises.
G. A statement that the applicant agrees to be bound
by all applicable ordinances, laws and regulations and to faithfully
and continuously provide garbage and refuse collection service to
all persons in the City of Breckenridge, Minnesota, desiring such
service during the period of the license.
[Amended 6-4-1979 by Ord. No. 356; 7-18-1983 by Ord. No. 383]
A. The City Council shall consider such applications.
If it finds that the applicant is a responsible person and has the
proper equipment, facilities, resources and personnel to provide an
adequate collection service and that the rates proposed to be charged
are reasonable and that it would be in the public interest to do so,
it may direct the City Administrator or his/her designee to issue
such license.
[Amended 5-7-2018 by Ord.
No. 499]
B. Before any such license may be issued, the applicant
shall, if the application is approved by the City Council, condition
that he or she will faithfully and continuously provide the garbage
and refuse collection service specified in the application. The applicant
shall also pay a license fee in the amount of as determined yearly
by the City Council.
[Amended 2-7-2002 by Ord.
No. 440]
C. The City Council may, at its discretion, establish
mandatory pickup, including but not limited to those residences or
commercial businesses to be part of the mandatory pickup, and a billing
procedure as a part of the public utilities bill on behalf of the
licensed hauler. All licenses shall be issued for a period of 11 years.
[Amended 6-4-1979 by Ord. No. 356]
A. From and after the effective date of this chapter,
it shall be the duty of the Public Utilities Commission of the City
of Breckenridge, Minnesota, to supervise the activities of all persons,
firms or corporations licensed to collect garbage and refuse in the
City of Breckenridge. The Utilities Commission shall at least annually
review the performance of licensees under this chapter and shall report
its findings to the City Council. Should the Utilities Commission
find the performance of a licensee to be inadequate, it shall then
institute either suspension or revocation proceedings pursuant to
this section. In the event the performance of a licensee is inadequate
and the Utilities Commission does not institute suspension or revocation
proceedings as provided herein, the City Council may then cause such
proceedings to be heard before it in the manner provided herein.
B. A license granted pursuant to this chapter may be
suspended or revoked for cause by the Utilities Commission following
notice of the alleged violation or infraction and public hearing thereon.
A license may be suspended or revoked under this section for failure
to comply with the reasonable rules and regulations of the city, for
negligent or hazardous operation of equipment by the licensee or his
or her employees, for failure to provide the required services in
a diligent manner and for any other valid and substantial reason.
C. Any decision of the Utilities Commission may be reviewed,
affirmed or reversed by the City Council if within 10 days of the
date of the Utilities Commission's decision any interested party,
including the licensee, files a written notice of appeal in the office
of the City Administrator or his/her designee. The Council shall hear
and determine the appeal at its next regular meeting, and the Utilities
Commission's decision shall be stayed until the appeal is determined
by the City Council. In the event a notice of appeal is not filed,
the Utilities Commission's decision shall be final and effective 11
days after the decision is issued.
[Amended 5-7-2018 by Ord.
No. 499]
[Amended 6-4-1979 by Ord. No. 316; 5-7-2018 by Ord. No.
499]
All licensees shall carry liability insurance
on all garbage collection vehicles in such amount as determined by
the Utilities Commission from time to time but not less than $25,000
for property damage, $100,000 per personal injury and $300,000 per
occurrence. The licensee shall display evidence of insurance coverage
whenever requested by the Utilities Commission or City Administrator
or his/her designee, and should a licensee fail to have insurance
in the aforesaid amounts in effect, the license granted under authority
of this chapter may be suspended or revoked as provided above.
In a case where a dispute arises between the
licensed collector and the customer pertaining to any matter, including
rates and the application or interpretation of regulations or ordinances,
the Public Utilities Commission shall give both parties thereto an
opportunity to come before it and be heard and shall thereafter make
its decision which shall be binding upon both parties thereto.
No established rate as listed in the application
of the licensee may be changed without the approval of the Public
Utilities Commission.
All rates established or decided by the Public
Utilities Commission for the collection of garbage and refuse shall
be reasonable rates taking into consideration the services furnished.
The Public Utilities Commission may, if it deems
necessary, require the licensee to change the schedule of pickups
or to increase the number of pickups. If additional services are required
to be rendered by the licensee, the licensee may apply for and be
granted an increase in rates.
The licensee may not discontinue service to
any customer without first notifying the Public Utilities Commission
in writing, which said notice shall contain the name and address of
the customer and the reason for the discontinuance of service.