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Regarding the mandatory refuse and recycling ordinance: <br />Minnesota Statutes Chapter 443.015 states that "The council <br />of any statutory city or city of the fourth class which shall <br />provide by contract or otherwise for regular collection and <br />disposal of garbage or refuse from dwellings and places of <br />business in the statutory city or city of the fourth class may by <br />ordinance obligate the owners of all property served to pay the <br />proportionate cost of such service to their respective <br />properties, and in default of payment such city council may <br />annually levy an assessment equal to such unpaid cost as of <br />September first of each year, against each lot or parcel of land <br />so served for which the service charge is unpaid." <br /> Keep in mind that I did not create any of the problems <br />associated with this street. The City has levied a special <br />assessment against my property. This violates Minnesota Statutes <br />for the following reasons: (1) The Council did not provide for <br />regular collection and disposal of garbage or refuse from my <br />dwelling. (2) I was not served and did not benefit. (3) The <br />City incurred no cost in respect to my property. (4) These <br />rates have been improperly billed and falsely certified to the <br />County Auditor. <br /> Chapter 443.27 states: "The words "rubbish disposal" means <br />the removal, collection, and disposal of "rubbish" from public or <br />private property within any such city." <br /> Chapter 443.29 states: "The rates for rubbish disposal shall <br />be a charge against the premises from which rubbish is <br />collected,...". <br /> Black's Law Dictionary defines special assessment: "An <br />assessment in the nature of a tax levied upon property according <br />to the benefits conferred on the property. A tax, intended to <br />offset cost of local improvements...". <br /> <br />Dwight Kirkeide <br />11230 173rd. Ave. NW. <br />Elk River, MN. 55330 <br /> <br /> <br />