Adoption of Code of Ordinances Supplement No. 2021 S-3City of Dubuque
City Council Meeting
Consent Items # 29.
Copyrighted
May 17, 2021
ITEM TITLE: Adoption of Code of Ordinances Supplement No. 2021 S-3
SUMMARY: City Clerk recommending adoption of Supplement No. 2021 S-3 to the
City of Dubuque Code of Ordinances that codifies Ordinances Nos. 52-
20 and 1-21 through 10-21.
RESOLUTION Adopting Supplement No. 2021 S-3 to the Code of
Ordinances of the City of Dubuque, Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Resolution Resolutions
Code of Ordinances Supplement No. 2021 S-3 Supporting Documentation
THE CITY OF
DUB E
Masterpiece on the Mississippi
Dubuque
City Clerk's Office
City Hall
All -Am q
50 W. 131h Street
All
Dubuque,lA 52001-4864
(563) 589-4100 office
(563) 589-0890 fax
ctyclerk@cityofdubuque.org
2007R2012�2013
www.cityofdubuque.org
2017*2019
TO: Honorable Mayor and City Council Members
FROM: Adrienne N. Breitfelder, City Clerk
SUBJECT: Adoption of Supplement No. 2021 S-3 to the Code of Ordinances
DATE: May 10, 2021
The attached resolution provides for the adoption of Supplement No. 2021 S-3 to the
City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 52-20 and 1-21
through 10-21 as approved by City Council through March 24, 2021. Supplements to
the Code of Ordinances are prepared by American Lega Publishing of Cincinnati, Ohio.
I respectfully request the City Council pass the resolution adopting Supplement No.
2021 S-3 as a part of the Code of Ordinances of the City of Dubuque.
/anb
Prepared by Adrienne N. Breitfelder, City Clerk, 50 W. 13 th St., Dubuque, ]A 52001, (563) 589-4100
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13 th St., Dubuque, IA 52001, (563) 589-4100
ADOPTING SUPPLEMENT NO. 2021 S-3 TO THE CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution,
become part of the Code of Ordinances.
Whereas, Code Supplements are prepared by the American Legal Publishing of
Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 2021 S-3 to the City of Dubuque Code of Ordinances,
which codifies Ordinance Nos. 52-20 and 1-21 through 10-21 as approved by City Council
through March 24, 2021 is hereby adopted and becomes part of the Code of Ordinances
of the City of Dubuque, Iowa.
Passed, approved and adopted this 17 th day of May, 2021.
Roy D . Buol, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
RECEIVED
DUBUQUE, IOWA
,l
Instruction Sheet
91 HAY 10 N o, 5
2021 S-3 Supplement - April
2021
City Clerk's 'Office
REMOVE OLD PAGES
INSERT NEW PGL °..
VOLUME I
Cover Page
Cover Page
Preface
Preface
2-58-1 through 2-513-131u (4 pages)
2-5E-1 through 2-5E-13D (4 pages)
VOLUME II
Cover Page
Cover Page
13-1C-1 through 13-1C-4C (4 pages)
13-1C-1 through 13-1C-4C (4 pages)
13-2C-1 through 13-2C-5A (4 pages)
13-2C-1 through 13-2C-5A (4 pages)
13-4-5 through 13-4-7A (2 pages)
13-4-5 through 13-4-7A (2, pages)
13-4-10 (with such covenant...) through
13-7-10 (with such covenant...)
13-4-13 (2 pages)
through 13-4-13 (2 pages)
13-5-1 through 13-5-1 (ILLICIT
13-5-1 through 13-5-1 (ILLICIT
CONNECTION) (2 pages)
CONNECTION) (2 pages)
13-5-1 (WASTEWATER) through
13-5-1 (WASTEWATER) through
13-5-9136 (4 pages)
13-5-9136 (4 pages)
13-6-1 through 13-6-9 (7 pages)
13-6-1 through 13-6-9 (7 pages)
13-6A-1 through;l3-6A-9 (11 pages)
13-6A-1 through 13-6A-9 (12 pages)
15-2-1 through 15-2-13 (4 pages)
15-2--1 through 15-2-13 (4 pages)
_
BAFB
4121
CITY CODE
of
Code current through:
Ord. 10-21, passed 3-24-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
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1-800-445-5588 -0- www.amlegal.com
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 10-21, passed March 24, 2021.
Ordinances of the City adopted after said ordinance
supersede the provisions of this code to the extent
that they are in conflict or inconsistent therewith.
Consult the City office in order to ascertain whether
any particular provision of the code has been
amended, superseded or repealed.
Sterling Codifiers
Cincinnati, Ohio
April 2021
City of Dubuque
2-513-1 2-513-3
CHAPTER 5
HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS
ARTICLE B. HOUSING COMMISSION
SECTION:
2-513- 1:
Commission Created
2-513- 2:
Purpose
2-56- 3:
Internal Organization And Rules
2-513- 4:
Procedures For Operation
2-513- 5:
Membership
2-513- 6:
Oath
2-513- 7:
Terms
2-513- 8:
Vacancies
2-513- 9:
Officers/Organization
2-513-10:
Meetings
2-513-11:
Compensation
2-513-12:
Removal
2-513-13:
Powers
2-513-14:
Project Approval
2-51=3-15:
Monitor Housing Program; Conduct Hearings On Grievances
2-513-1: COMMISSION CREATED:
There is hereby created the housing commission. (Ord. 67-15, 10-19-2015)
2-513-2: PURPOSE:
The purpose of the commission is to undertake and carry out studies and analysis
of housing needs and the meeting of such needs; to recommend proposed projects
in the area of low and moderate income housing for the citizens of the city; to
monitor the city's housing programs; and to conduct grievances regarding the rental
assistance program, except in the area of property maintenance code enforcement.
(Ord. 31-16, 6-20-2016, eff. 7-1-2016)
2-513-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
November 2016
Croy of Dubuque
2-5B-3
2-5B-6
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 67-15, 10-19-2015)
2-513-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 67-15, 10-19-2015)
2-513-5: MEMBERSHIP:
A. Number: The commission comprises ten (10) residents of the city.
B. Age: Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. At least three (3) members must be selected specifically on the basis of
experience in real estate development, banking, finance, accounting, funds
management, or other related areas of expertise.
2. One (1) member must be a person who is a recipient of tenant based
rental assistance under section 8 of the United States Housing Act of 1937,
whose name appears on a lease of section 8 property. If such member ceases
to be a recipient of rental assistance under section 8, the term of such member
is deemed terminated and a new member who meets the requirements of this
subsection must be appointed for the remainder of the term.
3. The remaining members are at -large members.
4. Cross -Representation:
a. One (1) member must be appointed by the commission, with city
council approval, to serve on the community development advisory
commission.
b. One (1) member must be appointed by the commission, with city
council concurrence, to serve on the long range planning advisory commission.
(Ord. 74-15, 12-7-2015; amd. Ord. 5-21, 2-15-2021)
2-513-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute
an oath of office at the first meeting of the commission following the appointment
April 2021
City of Dubuque
2-513-6 2-513-10
or reappointment or at the city clerk's office any time prior to the first meeting of the
commission. (Ord. 67-15, 10-19-2015)
2-513-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The terms of the cross representative
appointees to the community development advisory commission and the long range
planning advisory commission must coincide with their terms on the housing
commission. (Ord. 67-15, 10-19-2015; amd. Ord. 5-21, 2-15-2021)
2-58-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 67-15,
10-19-2015)
2-5 B-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term. (Ord. 67-15,
10-19-2015)
2-513-10: MEETINGS:
A. Regular Meetings: The commission must meet monthly.
B. Special Meetings: Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
April 2021
City of Dubuque
2-5B-10
2-5B-13
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
each meeting, or by the next regularly scheduled city council meeting,
whichever is later.
E. Quorum: Six (6) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 67-15,
10-19-2015)
2-58-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 67-15, 10-19-2015)
2-5B-12: REMOVAL:
Except as provided in subsection 2-5B-10D1 of this chapter, the city council may
remove any commissioner for good cause. (Ord. 67-15, 10-19-2015)
2-58-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To contribute as appropriate in the planning, coordinating, and review of
housing development;
B. To conduct public hearings to ensure meaningful citizen input in the planning,
implementation, and assessment of the city's housing programs;
C. To provide for and encourage the participation of low and moderate income
persons in the planning, implementation, and assessment of housing f
programs; \
D. To provide input into the community planning process and to assist in
accomplishing a coordinated and consistent housing development program of
the city in accordance. with present and future housing needs;
December 2015
City of Dubuque
of
Film al'IM11 0- 0
Code current through:
Ord. 10-21, passed 3-24-2021
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13-1 C-1 13-1 C-1
CHAPTER 1
WATER USE AND SERVICE
ARTICLE C. RATES
SECTION:
13-1C-1: Residential, Commercial, Industrial And All Other Uses
13-1 C-2: Fire Sprinkler Service
13-1 C-3: Construction Use
13-1 C-4: Payment Of Bills
13-1 C-1: RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL
OTHER USES:
A. Rates Established: The rates to be charged for water for residential,
commercial, industrial and all other uses and purposes by any person, firm or
corporation within the City shall be based on units of one hundred (100) cubic
feet (748 gallons) or per gallon as follows:
Monthly Consumption
(In Hundreds Of Cubic Feet)
Charge Per
Hundred Cubic Feet
First 30
$3.97
Next 120
3.23
Next 350
3.00
Next 500
2.65
Over 1,000
2.35
Monthly Consumption
(In Gallons)
Charge Per Gallon
First 22,440
$0.00527
Next 89,760
0.00432
Next 261,800
0.00403
Next 374,000
0.00355
[-over 748,000
0.00311
Rates shall be subject to the following minimum monthly charge according to
the size of the meter:
April 2021
City of Dubuque
13-1 C-1
13-1 C-1
Meter Size
(Inches)
Monthly
Consumption
(In Hundreds Of
Cubic Feet)
Monthly
Consumption
(In Gallons)
Minimum
Charge
5/8
2
1,496
$ 7.88
3/4
5
3,740
19.71
1
8
5,984
31.54
11/2
26
19,448
102.49
2
46
34,408
169.96
3
106
79,288
363.84
4
168
125,664
560.28
6
368
275,264
1,163.17
8
625
467,500
1,893.00
A property owner shall pay a fifty dollar ($50.00) disconnect fee for water
service that is disconnected by the City for a meter not in service. When a
tenant account is subject to disconnection due to delinquency, the tenant shall
pay the fifty dollar ($50.00) disconnect fee.
f.
A fifty dollar ($50.00) service call fee shall be charged to property owners or
tenant account for those service calls that are determined to be related to
customer negligence.
A seven dollars and twenty one cents ($7.21) minimum monthly charge shall
be assessed for meters not in service.
B. Rates Outside City Limits: The rates to be charged for water supplied by the
City to residential, commercial, industrial and other uses and purposes by any
person outside the corporation limits of the City, shall be at one hundred fifty
percent (150%) of the rates set forth in subsection A of this section.
C. Estimated Billings: For all meters in service, bills will be issued monthly. When
a meter is not read monthly for any reason, bills will be issued on estimated
consumption. For estimated billings, either on alternate months or when
readings are not obtainable for any reason, consumption will be predicated on
the monthly average of past usage for the meter. For estimated bills issued for
an account in which historical data is not available, billing will be predicated on
the minimum charge and related consumption identified for the size of the
meter in service for the particular account.
April 2021
City of Dubuque
13-1 C-1
13-1 C-2
D. Adjustments From Estimated Readings: Adjustments from estimated readings
will be made when an actual meter reading is obtained. The adjustment will be
reflected on the user's next regular bill.
E. Residential Rate Exception: The city manager shall establish a policy for
evaluating cases of extreme financial hardship and the city's ability to make
adjustments in the monthly residential rate as determined by the terms and
conditions of the policy and the funds allocated, and available, through the
budget process. (2007 Code § 44-201; amd. Ord. 15-19, 3-7-2019, eff.
7-1-2019; Ord. 14-20, 4-23-2020; Ord. 23-20, 6-1-2020; Ord. 6-21, 3-24-2021,
eff. 7-1-2021)
13-1 C-2: FIRE SPRINKLER SERVICE:
Customers who have fire sprinkler service shall be billed for this service on a
monthly basis. The monthly charge shall be as follows:
Current Number Of Heads
Monthly Charges
Up to 200 (minimum)
$ 24.17
200 - 299
29.02
300 - 399
33.79
400 - 599
38.68
600 - 799
43.47
800 - 999
48.33
1,000 - 1,199
53.18
1,200 - 1,399
57.96
1,400 - 1,599
62.80
1,600 - 1,799
67.65
1,800 - 1,999
72.44
2,000 - 2,199
77.29
2,200 - 2,399
82.12
2,400 - 2,599
86.96
2,600 - 2,799
91.79
2,800 - 2,900
96.74
April 2021
City of Dubuque
13-1 C-2
13-1 C-4
Current Number Of Heads Monthly Charges
3,000 - 3,499 101.44
Over 3,500 (for each additional 500 4.82
heads or fraction thereof)
(Ord. 16-19, 3-7-2019, eff. 7-1-2019; amd. Ord. 15-20, 4-23-2020; Ord. 7-21,
3-24-2021, eff. 7-1-2021)
13-1 C-3: CONSTRUCTION USE:
A. Application For Temporary Water Service; Deposit: When a temporary water
service is desired for construction work, application shall be made to the City
Manager. A deposit equal to the actual cost of the meter and fittings shall be
paid in advance. The applicant shall guarantee payment of such water service
charges and return said meter in good condition.
B. Installation Of Meter: The applicant shall thereupon install a suitable meter,
furnished by the City, and shall pay for all water furnished in accordance with
the then prevailing water rates including minimum monthly charges.
C. Payment Of Charge When Installation Of Meter Impractical: If it is the opinion
of the City Manager that placement of a meter is impractical, then the deposit
for meter and fittings shall not be required, but a charge, as determined by the
City Manager, after official publication, shall be made, but under no
circumstances shall water be used for sprinkling lawns, wetting down yards or
compacting of soil unless a meter has been installed on the service, or
arrangements have been made for such usage.
D. Water Rate For Various Other Purposes: The rate for water charged for other
purposes not mentioned herein, such as for circuses, carnivals, fairs, skating
rinks, swimming pools, tank wagons and filling cisterns will be made by the City
Manager when application is made for the same at the Water Office. (2007
Code § 44-203)
13-1 C-4: PAYMENT OF BILLS:
A. Locations For Payment Of Bills: Payment of bills may be made at locations that
have been designated by the City Manager, after official publication.
B. Due When Rendered: All utility bills are due when rendered. (Ord. 31-08,
5-5-2008)
C. Late Payments; Procedure Upon Delinquency:
April 2021
City of Dubuque
13-2C-1
13-2C-2
CHAPTER 2
SEWERS AND SEWAGE DISPOSAL
ARTICLE C. RATES
SECTION:
13-2C-1:
Purpose
13-2C-2:
Definitions
13-2C-3:
Rates Established
13-2C-4:
Areas Not Served By Public System
13-2C-5:
Lien For Failure To Pay
13-2C-5:
Cost Of Collection
13-2C-1: PURPOSE:
It is hereby determined and declared to be necessary and conducive to the
protection of the public health, safety, welfare and convenience of the City to levy
and collect just and equitable charges, rates or rentals upon all lots, parcels of real
estate and buildings that are connected directly or indirectly with the sanitary
sewage system of the City, the proceeds of such charges or rentals so derived to
be used for the purpose of constructing, operating, maintaining and repairing such
sewage treatment plant. (2007 Code § 44-82)
13-2C-2: DEFINITIONS:
The following words and terms, as used in this article, shall be deemed to mean and
be construed as follows:
CONTRIBUTOR: Any person responsible for the
production of domestic, commercial or
industrial waste which is directly or
indirectly discharged into the City's
sanitary sewer system.
SEWAGE SERVICE CHARGE: Any and all rates, charges, fees or
rentals levied against and payable by
the contributors, including special
contracts or agreements which have
been or may be negotiated by and
between the City, commercial
establishments, industries,
manufacturing plants or corporations
for the purpose of collecting rates,
charges, fees or rentals.
August 2020
City of Dubuque
13-2C-2
13-2C-3
SEWAGE TREATMENT PLANT
Any and all units of the Municipal
sewage treatment system owned and
operated by the City, including the
interceptor sewer system, the pumping
stations delivering sewage to the plant
and the outfall sewer system.
WATER DEPARTMENT: The City Water Department. (2007
Code § 44-81)
13-2C-3: RATES ESTABLISHED:
Contributors whose property lies within the corporate limits of the City, except as
otherwise provided in this article, shall pay to the City at the same time payment for
water services is made, a sewer service charge computed on water consumption
on the following rates:
A. Basic Charges:
1. The sewer rates and charges shall be based on the quantity of water used
on or in the property or premises. For all customers utilizing sewer service, bills
will be issued on estimated consumption. For estimated billings, either on
alternate months, or when a reading on a water meter is not obtainable for any
reason, consumption will be predicated on the monthly average of the past
usage for the metered account. For estimated bills issued for an account in
which historical data is not available, billing will be predicated on the minimum
charge and related consumption identified in subsection C7 of this section for
the size of the water meter in service for the particular account. (2007 Code
§ 44-83)
2. Basic Charge Exception: The city manager shall establish a policy for
evaluating cases of extreme financial hardship for residential customers and
the city's ability to make adjustments in the monthly basic charge for residential
customers as determined by the terms and conditions of the policy and the
funds allocated, and available, through the budget process.
B. Schedule Of Rates:
Rate per each 100 cubic feet
Rate per each gallon
C. Service Charge:
April 2021
$5.42
0.00725
City of Dubuque
13-2C-3
13-2C-3
r 1. When a parcel of real estate, property or building discharging sanitary
I
sewage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is not a user of water supplied
by the City Water Division and the water used thereon or therein is not
acceptable to the City, the amount of water used shall be determined by the
City in such a manner as the City Manager may elect to establish the rate of
charge as provided in this article, or the owner or other interested parties at
their expense, may install and maintain a meter acceptable to the City for said
purposes.
2. When a parcel of real estate, property or building discharging sanitary
sewerage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is a user of water supplied by
the City Water Division and in addition uses water from another source which
is not measured by a water meter or is measured by a water meter not
acceptable to the City, the amount of water used shall be determined by the
City in such a manner as the City Manager may elect in order to establish the
rate of charge as provided in this article, or the owner or other interested
parties at their expense may install and maintain a meter acceptable to the City
for said purposes.
3. When a parcel of real estate, property or building discharging sanitary
sewage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is not a user of water supplied
by the City Water Division, the amount of sanitary sewage, industrial wastes,
water or other approved waste discharged into the sanitary sewer system shall
be determined by the City in such a manner as the City Manager may elect in
order to establish the rate of charge as provided in this article, or the owner or
other interested parties at their expense, may install and maintain a sewage
meter acceptable to the City for said purposes.
4. The City Council may, in its discretion, when applicable, permit connection
to the City sanitary sewer system of properties located outside the corporate
limits upon such terms and conditions as it may establish; provided, however,
that such terms shall not be more favorable to such property than rates herein
established for City users.
5. In order that the rates and charges may be modestly and equitably
adjusted to the service rendered, the City shall have the right to base its
charges not only on volume, but also on the strength and content of the
sewage and wastes of the user. The City shall have the right to measure and
determine the strength and content of all sewage and wastes discharged either
directly or indirectly into the City's sanitary sewer system, in such manner and
by such methods as it may deem practicable in the light of the conditions and
circumstances of the case in order to determine the proper charge. Extra
charges will be applicable and negotiated with users on an individual account
basis when concentration of the sewage exceeds three hundred milligrams per
August 2020
City of Dubuque
13-2C-3
13-2C-5
liter (300 mg/L) of biochemical oxygen demand, three hundred fifty milligrams
per liter (350 mg/L) of suspended solids or two percent (2%) or more of the flow
rate into the sewage treatment plant.
6. The rates and charges may be billed to the tenant and tenants occupying
the properties served, unless otherwise requested in writing by the owners, but
such billings shall in no way relieve the owner from liability in the event payment
is not made as required in this article. (2007 Code § 44-83)
7. Where the quantity of water consumed is such that the minimum of service
is charged, the minimum sewer service charge, according to the size of the
meter, shall be as follows:
Meter maize
Minimum
Allowance
I
Allowance
(Inches)
Charge
(Cubic Feet)
(Gallons)
5/8
$10.85
200
1,496
3/4
27.12
500
3,740
1 or larger
43.38
800
5,984
(Ord. 10-17, 3-7-2017, eff. 7-1-2017; amd. Ord.17-19, 3-7-2019, eff. 7-1-2019; Ord.
16-20, 4-23-2020; Ord. 24-20, 6-1-2020; Ord. 8-21, 3-24-2021, eff. 7-1-2021)
13-2C-4: AREAS NOT SERVED BY PUBLIC SYSTEM:
The rates, service charges, rentals or fees as provided in this article shall become
effective at the time sewage from the contributors is first directed to the sanitary
sewer system. At the time sanitary sewers are constructed in areas not now served
by a sanitary sewer system, contributors shall be granted a reasonable time to
make connection to the sewer. The effective date of the sewage service charge and
the reasonable time to connect to the sanitary sewer system will be determined by
the City Manager. (2007 Code § 44-84)
13-2C-5: LIEN FOR FAILURE TO PAY:
A. Lien For Delinquent Rates And Charges: The city shall have a lien upon the
real property served by the sanitary system for all delinquent rates and
charges. Bills for sewage charges shall be delinquent when the same are
unpaid for a period of twenty five (25) days following the billing date, and if not
paid, a penalty of five percent (5%) shall be added to the sewage bill.
April 2021
City of Dubuque
13-4-5
13-4-5
13-4-5: SFU RATE, CHARGES; UTILITY REVENUES:
A. Square Feet Equivalency: For purposes of this chapter, an SFU shall be
equivalent to two thousand nine hundred seventeen (2,917) square feet of
impervious property.
B. Monthly Service Charge: Except as provided in this chapter, every contributor
owning or occupying a single-family residential property, multi -family residential
property, or a nonresidential property, other than exempt property, shall pay to
the city, at the same time payment is made for water service, sanitary sewer
or refuse, a stormwater management charge to be determined and billed as
provided in this chapter. In the event the owner and the occupant of a particular
property are not the same, the liability for payment of the stormwater
management charge attributable to that property shall be joint and several as
to the owner and occupant. The stormwater management charge shall be a
monthly service charge and shall be determined by this chapter and the SFU
rate which is established in this chapter and from time to time adjusted as
provided in this chapter.
C. Application And Computation: The stormwater management charges provided
in sections 13-4-6 through 13-4-8 of this chapter shall be applied and computed
for each contributor during the customary billing periods as to all bills mailed by
the city treasurer, and such charges shall thereafter be paid and collected as
provided in this chapter.
D. Rates Established: The SFU rate to be applied to residential and nonresidential
properties shall be $8.85 per SFU.
E. Authority To Adjust Rate: If at any time the director determines that the SFU
rate and/or the budget for the stormwater management utility system requires
adjustment, the director shall report such determination to the city manager and
city council. The city council may at any time adjust the SFU rate by adoption
of an ordinance amending this section, and may at any time adjust the budget
for the stormwater management utility system by adoption of an appropriate
resolution.
F. Policy On Expenditure Of Revenues: The city council hereby establishes a
formal policy regarding the expenditure of stormwater management utility
revenues as follows:
1. The city manager shall develop and implement a cost accounting system,
capable of accurately recording and segregating charges to the system by all
departments of the city, to include the cost of personnel, machinery, contract
equipment and construction, supplies, depreciation, and any and all
miscellaneous expenses and purchases.
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2. No revenues generated by the stormwater utility user fee shall be used for
any purpose other than stormwater expenses. (2007 Code § 44-274; amd. Ord.
16-14, 3-5-2014; Ord. 3-20, 1-21-2020; Ord. 21-20, 6-1-2020; Ord. 10-21,
3-24-2021)
13-4-6: SINGLE-FAMILY RESIDENTIAL PROPERTY:
A. Percentage Of SFU Rate: The stormwater management charge for a single-
family residential property shall be the following percentage of the SFU rate:
Impervious Area Of Property
(Square Feet)
SFU Rate
1,471 or less
50 percent
1,472 to 4,374
100 percent
4,375 or more
150 percent
B. Commencement Of Charge: As to a new single-family residence, the
stormwater management charge attributable to that residence shall commence
upon the earlier of the following:
The issuance of a permanent water meter.
2. If no water meter is issued for that development or if development has
halted, on the date that the director or the director's designee determines in
reasonable judgment that the development is substantially complete or has
been halted for at least three (3) months.
C. Charge Exception: The city manager shall establish a policy for evaluating
cases of extreme financial hardship for single-family residential customers and
the city's ability to make adjustments in the monthly charge for single-family
residential customers as determined by the terms and conditions of the policy
and the funds allocated, and available, through the budget process.
D. Appeal Determination Of Charge: Any owner or occupant of a residential
property aggrieved by the director's calculation of the stormwater management
charge as provided in this section may appeal such determination to the
director as provided in section 13-4-9 of this chapter. (2007 Code § 44-275;
amd. Ord. 21-20, 6-1-2020)
13-4-7: NONSINGLE-FAMILY RESIDENTIAL PROPERTY:
A. The stormwater management charge for a non-singlefamily residential property
shall be the following percentage of the SFU rate multiplied by the number of
dwelling units on the property:
r"
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with such covenant and shall certify the rate to the city manager. The city
manager shall inform the city council of the revised SFU rate at the time that
the resolution to take additional action for the issuance of such bonds is
submitted to the council for its review and approval. Upon council approval of
such resolution, the city manager shall publish the revised SFU rate once in a
newspaper of general circulation, shall give notice thereof to contributors if and
as required by applicable state or federal law, and shall proceed to impose and
collect the rate commencing with the next available billing cycle. (2007 Code
§ 44-281)
13-4-11: BILLING, DELINQUENT ACCOUNTS AND COLLECTION
PROCEDURES:
A. Billing Procedure: The procedures for billing of the stormwater management
service charges provided in sections 13-4-6 through 13-4-8 of this chapter and
for the collection of delinquent stormwater management service charges are
as provided in section 13-1 C-4 of this title.
B. Billing Directly For Stormwater Management Services: Contributors who are not
billed by the city for water, sanitary sewer or refuse will be directly billed for
stormwater management services by the city. In such instances, the billing and
collection of stormwater management charges is subject to the same rules and
procedures as to delinquency in payment, certification of delinquency, and
property lien as provided in section 13-1 C-4 of this title. (Ord. 55-12,
9-17-2012)
13-4-12: ANNUAL REVIEW OF SFU RATE:
Under this chapter, the director shall review the SFU rate annually and revise the
rate as necessary to ensure that the system generates adequate revenues to pay
total annual revenue requirements. (2007 Code § 44-283)
13-4-13: EXPENSES OF COLLECTION OF CHARGES:
The incremental cost of collecting and accounting for all stormwater management
charges, including reasonable compensation to the city treasurer; the maintenance
of all books and records; the employment of necessary personnel; the cost of all
books, records, materials and supplies; the obtaining and maintaining of all office
and storage space; and all other costs and expenses reasonably necessary in
connection therewith or incidental thereto, shall be a part of the cost of operating the
stormwater utility and shall be incurred when the city treasurer, in the exercise of his
April 2021 Repl.
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or her judgment, shall so determine. The incremental cost thereof shall be deducted
by the director of finance and budget, upon his or her certification as to the amount
thereof, from the remittance to which it relates, subject to the condition that any
proposed change in any method of computing such incremental cost may be
effective prospectively only and only after such proposed change shall have been
submitted to and approved by the city council. (2007 Code § 44-286; amd. Ord.
3-20, 1-21-2020)
April 2021 Repl.
City of Dubuque
13-5-1
13-5-1
CHAPTER
ILLICIT CONNECTIONS AND DISCHARGES
TO STORM SEWER SYSTEM
SECTION:
13-5- 1:
Definitions
13-5- 2:
Applicability
13-5- 3:
Responsibility For Administration
13-5- 4:
Severability
13-5- 5:
Ultimate Responsibility
13-5- 6:
Discharge Prohibitions
13-5- 7:
Suspension Of MS4 Access
13-5- 8:
Industrial Or Construction Activity Discharges
13-5- 9:
Monitoring Of Discharges
13-5-10:
Prevent, Control And Reduce Pollutants By Use Of BMPs
13-5-11:
Watercourse Protection
13-5-12:
Notification Of Spills
13-5-13:
Enforcement
13-5-14:
Appeal Of Notice Of Violation
13-5-15:
Enforcement Measures After Appeal
13-5-16:
Cost Of Abatement Of Violation
13-5-17:
Injunctive Relief
13-5-18:
Violations Deemed Public Nuisance
13-5-19:
Remedies Not Exclusive
13-5-1: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
BEST MANAGEMENT Schedules of activities, prohibitions of practices,
PRACTICES (BMPs): general good housekeeping practices, pollution
prevention and educational practices, maintenance
procedures, and other management practices to
prevent or reduce the discharge of pollutants directly
or indirectly to stormwater, receiving waters, or
stormwater conveyance systems. BMPs also include
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treatment practices, operating procedures, and
practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw
materials storage.
CITY MANAGER:
The city manager or the city manager's designee.
CLEAN WATER ACT:
The federal water pollution control act, 33 USC
section 1251 et seq., and any amendments thereto.
CONSTRUCTION
Activities subject to NPDES construction permits that
ACTIVITY:
result in disturbance of one acre or more. Such
activities include, but are not limited to, clearing and
grubbing, grading, excavating, filling, and demolition.
GEOTHERMAL PUMP
A system that uses a pump to extract water from an
AND DUMP SYSTEM:
underground aquifer, circulates the water through a
heating or cooling system, and discharges the water
as nonstormwater discharge.
HAZARDOUS
Any material, including any substance, waste, or
MATERIALS:
combination thereof, that because of its quantity,
concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute
to, a substantial present or potential hazard to
human health, safety, property, or the environment
when improperly treated, stored, transported,
disposed of, or otherwise managed.
ILLEGAL DISCHARGE:
Any director indirect nonstormwater discharge to the
municipal separate storm sewer system, orwaters of
the state except as exempted in subsection 13-5-613
of this chapter.
ILLICIT CONNECTION:
Either of the following:
A. Any drain or conveyance, whether on the
surface or subsurface, which allows an illegal
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WASTEWATER: Any water or other liquid, other than uncontaminated
stormwater, discharged from a facility.
WATERS OF THE Both surface waters and ground waters within the
STATE: boundaries of the state of Iowa and subject to its
jurisdiction. (2007 Code § 44-290; amd. Ord. 52-20,
12-21-2020)
13-5-2: APPLICABILITY:
This chapter shall apply to all water entering the MS4 generated on any developed
and undeveloped lands unless explicitly exempted by the city manager. (2007 Code
§ 44-291)
13-5-3: RESPONSIBILITY FOR ADMINISTRATION:
The city manager shall administer, implement, and enforce the provisions of this
chapter. (2007 Code § 44-292)
13-5-4: SEVERABILITY:
The provisions of this chapter are hereby declared to be severable. If any provision,
clause, sentence, or paragraph of this chapter or the application thereof to any
person, establishment, or circumstances shall be held invalid, such invalidity shall
not affect the other provisions or application of this chapter. (2007 Code § 44-293)
13-5-5: ULTIMATE RESPONSIBILITY:
The standards set forth herein and promulgated pursuant to this chapter are
minimum standards; therefore, this chapter does not intend nor imply that
compliance by any person will ensure that there will be no contamination, pollution,
nor unauthorized discharge of pollutants. (2007 Code § 44-294)
13-5-6: DISCHARGE PROHIBITIONS:
A. Prohibition Of Illegal Discharges: No person shall discharge or cause to be
discharged into the MS4 or watercourses any of the following:
1. Materials, including, but not limited to, pollutants, waters containing
pollutants, nonstormwater discharge, or those that cause or contribute to a
violation of applicable water quality standards.
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2. Geothermal pump and dump system discharges without the express
written consent of the city manager. The city manager may allow such
discharge if it does not present or will not present an imminent and substantial
danger to the operation of the MS4, public property, private property, the
environment, or to the health or welfare of persons, or waters of the state.
B. Exemptions: The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited except as described as
follows:
1. The following discharges are exempt from discharge prohibitions
established by this chapter: water line flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising ground
water, ground water infiltration to storm drains, sump pump discharge,
foundation or footing drains (not including active ground water dewatering
systems), crawl space pumps, air conditioning condensation, springs,
noncommercial washing of vehicles, natural riparian habitat or wetland flows,
swimming pools (if dechlorinated - typically less than 1 PPM chlorine),
firefighting activities, and any other water source not containing pollutants.
2. Discharges specified in writing by the city manager as being necessary to
protect public health and safety.
3. Dye testing is an allowable discharge, but requires a verbal notification to
the city manager prior to the time of the test.
4. The prohibition shall not apply to any nonstormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to the
discharger and administered under the authority of the environmental
protection agency, provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any
discharge to the storm drain system.
C. Prohibition Of Illicit Connections: The construction, use, maintenance or
continued existence of illicit connections to the storm drain system is prohibited.
1. This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible under
law or practices applicable or prevailing at the time of connection.
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2. A person is considered to be in violation of this chapter if the person
connects a line conveying sewage to the MS4, or allows such a connection to
continue. (2007 Code § 44-295; amd. Ord. 52-20, 12-21-2020)
13-5-7: SUSPENSION OF MS4 ACCESS:
A. Suspension Due To Illicit Discharges In Emergency Situations: The city
manager may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the MS4 or waters of
the United States. If the violator fails to comply with a suspension order issued
in an emergency, the city manager may take such steps as deemed necessary
to prevent or minimize damage to the MS4 or waters of the state, or to
minimize danger to persons.
B. Suspension Due To Detection Of Illicit Discharge: Any person discharging to
the MS4 in violation of this chapter may have the person's MS4 access
terminated if such termination would abate or reduce an illicit discharge. The
city manager shall notify a violator of the proposed termination of its MS4
access. The violator may petition the city manager for a reconsideration and
hearing.
C. Reinstatement Without Approval: A person commits an offense if the person
reinstates MS4 access to premises terminated pursuant to this section, without
the prior approval of the city manager. (2007 Code § 44-296)
13-5-8: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES:
Any person subject to an industrial or construction activity NPDES stormwater
discharge permit shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the city manager prior to
the allowing of discharges to the MS4. (2007 Code § 44-297)
13-5-9: MONITORING OF DISCHARGES:
A. Applicability: This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction activity.
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B. Access To Facilities: The city manager shall be permitted to enter and inspect
facilities subject to regulation under this chapter as often as may be necessary
to determine compliance with this chapter. If a discharger has security
measures in force that require proper identification and clearance before entry
into its premises, the discharger shall make the necessary arrangements to
allow access to representatives of the city manager.
1. Facility operators shall allow the city manager ready access to all parts of
the premises for the purposes of inspection, sampling, examination and
copying of records that must be kept under the conditions of an NPDES permit
to discharge stormwater, and the performance of any additional duties as
defined by state and federal law.
1 The city manager shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the city manager to conduct
monitoring and/or sampling of the facility's stormwater discharge.
3. The city manager shall have the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
4. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the
operator at the written or oral request of the city manager and shall not be
replaced. The costs of clearing such access shall be borne by the operator.
5. Unreasonable delays in allowing the city manager access to a permitted
facility is a violation of a stormwater discharge permit and of this chapter. A
person who is the operator of a facility with an NPDES permit to discharge
stormwater associated with industrial activity commits an offense if the person
denies the city manager reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this chapter.
6. If the city manager has been refused access to any part of
the premises from which stormwater is discharged, and he/she is
able to demonstrate probable cause to believe that there may be a
violation of this chapter, or that there is a need to inspect and/or sample as
City of Dubuque
13-6-1
13-6-1
CHAPTER6
SOLID WASTE
SECTION:
13-6-1:
Definitions
13-6-2:
Deposits On Other Public Or Private Property
13-6-3:
Container Requirements; Collection Restrictions
13-6-4:
Wrapping And Draining Of Certain Solid Wastes
13-6-5:
Unlawful Accumulations
13-6-6:
Storage And Accumulation Restricted
13-6-7:
Hazardous And Prohibited Wastes Regulated
13-6-8:
Vehicles Hauling Solid Waste
13-6-9:
Use Of State Approved Dump Site Or Disposal Project
13-6-1: DEFINITIONS:
For the purpose of this chapter the following definitions shall apply:
BUILDING MATERIALS: Any material such as lumber, floor coverings, brick,
plaster, sheet metal or any other substances
accumulated as a result of repairs or additions to
existing buildings, construction of new buildings or
demolition of existing structures.
CLASS I PREMISES: Shall mean and include the following properties in
the City of Dubuque:
A. Single-family dwellings.
B. Multiple -family dwellings up to and including six
(6) dwelling units.
C. Dwelling units in business or commercial
premises.
Where two (2) or more laterally connected or joined
dwelling units, including condominiums, townhouses
and row houses, in which each dwelling unit has
separate access and utility service, each dwelling
unit shall constitute a single-family dwelling.
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CLASS 11 PREMISES: Residential premises other than Class I residential
premises, located in the City of Dubuque, including:
A. Dwellings in trailer courts;
B. Schools, colleges, churches, convents, nursing
homes, rooming houses and other semiprivate
institutions; and
C. Multiple -family dwellings exceeding six (6)
dwelling units.
CLASS III PREMISES:
All business and commercial premises located in the
City of Dubuque, including that part of a residential
premises with a business or commercial use.
DWELLING:
Shall mean and include any building or portion
thereof containing one or more dwelling units.
DWELLING UNIT:
Shall mean and include one or more connected
rooms having complete kitchen facilities and
arranged, designed or used as living quarters for
one family only.
FOOD SCRAPS:
Solid, semisolid and liquid animal and vegetable
residuals resulting from the handling, preparing,
cooking, storing, serving and consuming of food.
GARBAGE:
All solid and semisolid, putrescible animal and
vegetable wastes resulting from the handling,
preparing, cooking, storing, serving and consuming
of food or of material intended for use as food, and
all offal, excluding useful industrial byproducts, and
shall include all such substances from all public and
private establishments and from all residences.
HAZARDOUS WASTES: Waste materials, including, but not limited to,
poisons, pesticides, herbicides, acids, caustics,
biohazardous wastes, flammable or explosive
materials and similar harmful wastes which require
special handling and which must be disposed of in
such a manner as to conserve the environment and
protect the public health and safety.
OTHER Napkins, plates, cups, bowls, towels, tissues, and
COMPOSTABLE takeout containers made from paper as well as other
MATERIALS: materials as approved by the city manager.
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OWNER: In addition to the record titleholder, any person
residing in, renting, leasing, occupying, operating or
transacting business in any premises and as
between such parties, the duties, responsibilities,
liabilities and obligations hereafter imposed shall be
joint and several.
PREMISES: A building or part of a building and its grounds
located in the City of Dubuque.
RECYCLABLE Materials, including, but not limited to, food container
MATERIALS: glass, aluminum, steel (tin) cans, no. 1 and no. 2
plastic bottles, uncontaminated newspapers and
glossy paper (magazines). Newspapers and glossy
paper shall be considered uncontaminated if they
have not been exposed to substances or conditions
rendering them unusable for recycling.
REFUSE: Putrescible and nonputrescible wastes including, but
not limited to, garbage, rubbish, ashes, incinerator
ash, incinerator residues, street cleanings, market
and industrial solid wastes and sewage treatment
wastes in dry or semisolid form.
RUBBISH: Nonputrescible solid waste consisting of combustible
and noncombustible wastes, such as furniture,
appliances, tires, building materials or similar
wastes.
SOLID WASTE: Garbage, refuse, rubbish, and other similar
discarded solid or semisolid materials, including, but
not limited to, such materials resulting from
industrial, commercial, agricultural, and domestic
activities. Solid waste includes vehicles. Solid waste
does not include toxic and hazardous wastes as
defined by the Iowa department of natural resources.
YARD WASTE: Debris such as grass clippings, leaves, garden
wastes, brush and trees as defined by the Iowa
Department of Natural Resources. Yard waste does
not include tree stumps. (Ord. 20-06, 3-2-2006, eff.
4-3-2006; amd. Ord. 17-20, 4-23-2020; Ord. 9-21,
3-24-2021, eff. 7-1-2021)
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13-6-2: DEPOSITS ON OTHER PUBLIC OR PRIVATE PROPERTY: f
A. Prohibition: No person shall throw, rake, deposit, dump, drop, spill or store
(other than the placement of containers for collection as provided herein) any
solid waste or toxic and hazardous wastes upon the streets, sidewalks, rights
of way or any public or private property within the city.
B. Exception: This section shall not apply to junk dealers, auto salvage dealers,
pawnbrokers or secondhand dealers licensed under title 4, chapter 6 of this
code. (2007 Code § 40-17)
13-6-3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS:
A. Disposal In Containers; Preparation Of Waste For Disposal: Solid waste shall
be placed in bags secured with tags or otherwise sealed and placed in suitable
containers. However, it shall not be necessary to place books, boxes,
magazines or newspapers in containers, provided they are securely tied in
bundles or completely contained in disposable boxes not more than twenty by
thirty by forty-eight inches (20" x 30" x 48"). Tree limbs and carpet shall be
securely tied in bundles not more than forty-eight inches (48") long and
eighteen inches (18") in diameter.
B. Container Standards: A standard solid waste container shall be not more than
thirty-five (35) gallons nor be less than five (5) gallons in capacity except when
only one container is used, in which case such container may be less than five
(5) gallons in capacity. All such containers shall be waterproof and fitted with
a tight lid and shall have handles, bails, or other suitable lifting devices.
Containers shall be of a type originally manufactured for refuse or garbage,
with tapered sides for easy emptying, and shall be of lightweight and sturdy
construction. The weight of any individual standard container and its contents
shall not exceed forty (40) pounds. Galvanized steel and similar metal
containers, rubber containers, and plastic containers which do not become
brittle in cold weather, may be used. Oil or grease drums, paint cans, and
similar salvaged containers shall not be used. Disposable bags manufactured
for garbage and solid waste disposal shall be acceptable unless they are left
unattended for such a period of time or in such a location as to become a
health hazard.
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C. Healthcare Waste:
1. Except for Class 11 premises, healthcare waste shall be placed in suitable
containers separately from all other solid waste. Sharp objects such as
hypodermic needles, syringes and lancets shall be securely contained in hard
plastic or metal disposable containers with screw on or tightly secured lids for
collection. Broken glass and similar materials shall be placed in disposable
boxes with a secure closure. Other healthcare waste such as soiled bandages,
disposable sheets and medical gloves shall be placed in thick disposable
plastic bags or shall be double bagged.
2. Class II premises shall comply with all occupational safety health
administration (OSHA) regulations concerning the disposal of potentially
infectious wastes.
D. Unacceptable Items For Collection: A basket, box or noncomplying solid waste
container shall be considered disposable solid waste and shall be removed by
the collection crews if it is the proper size and otherwise acceptable for
collection. It shall be left uncollected if it is larger than the allowable size or
otherwise unacceptable for collection.
E. Recycling Containers Provided: One curbside recycling container shall be
provided by the city to each dwelling unit in Class I premises for the collection
of recyclable materials.
F. Large And Bulky Rubbish: Large and bulky rubbish such as furniture and
appliances shall not be collected except when a special collection is established
by the city manager for the collection of such items. (2007 Code § 40-18; amd.
Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6-4: WRAPPING AND DRAINING OF CERTAIN SOLID WASTES:
All solid waste consisting of waste animal and vegetable matter which may attract
flies, dogs, cats, rodents and other animals shall be drained of all excess liquid,
wrapped in paper or disposable containers, and placed or stored, until collected, in
covered suitable containers as described in section 13-6-3 of this chapter. (2007
Code § 40-19)
13-6-5: UNLAWFUL ACCUMULATIONS:
A. Health Or Sanitation Hazard: It shall be unlawful for any person to permit to
accumulate on any premises, improved or vacant, or on any public place in the
city, such quantities of solid waste, either in containers or not, that shall
constitute a health or sanitation hazard.
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B. Storage Within Or Close To Buildings: It shall be unlawful for any person to
accumulate quantities of refuse, papers, garbage, ashes or other solid waste
within or close to any building in the city, unless the same is stored in
containers in such a manner as not to create a health or fire hazard. (2007
Code § 40-20)
13-6-6: STORAGE AND ACCUMULATION RESTRICTED:
A. Storage In Metal Containers: Within the corporate limits of the city, all garbage
or refuse consisting of waste animal or vegetable matter upon which rats may
feed, and all small dead animals, shall be placed and stored until collected in
covered metal containers of a type prescribed by the health officer.
B. Dumping On Premises Or Waterways Prohibited: It is unlawful for any person
to dump or place on any premises, land or waterway, any dead animals, or any
waste vegetable or animal matter of any kind.
C. Providing Harborage For Rats: It shall be unlawful for any person to place,
leave, dump, or permit to accumulate any garbage, rubbish or trash in any
building or on any premises, improved or vacant, or on any open lot or alley in
the city so that the same shall or may afford food or harborage for rats.
D. Lumber And Boxes Placed On Elevated Racks: It shall be unlawful for any
person to permit to accumulate on any premises, improved or vacant, or on any
open lot or alley in the city any lumber, boxes, barrels, bottles, cans, containers
or similar material that may be permitted to remain thereon unless same shall
be placed on open racks that are elevated not less than eighteen inches (18")
above the ground, and evenly piled or stacked. (2007 Code § 31-74; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6-7: HAZARDOUS AND PROHIBITED WASTES REGULATED:
A. Deposits Prohibited Except For Special Collection: No person shall deposit in
a solid waste container or otherwise offer for city collection any hazardous
wastes or prohibited wastes, except when a special collection is established by f
the city manager under subsection 13-6-3F of this chapter.
B. Transportation By Owner: Hazardous wastes and prohibited wastes shall be
transported by the owner to a sanitary disposal project licensed by the Iowa
Department of Natural Resources to accept such wastes.
C. Prohibited Wastes Described: "Prohibited wastes" includes, but is not limited
to, waste oils, lead acid batteries and tires. (2007 Code § 40-21; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
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13-6-8: VEHICLES HAULING SOLID WASTE:
A. Dropping, Sifting Or Leaking Of Load: No person shall haul any solid waste
upon the streets, alleys or public places of the city unless the vehicle used for
such purpose is so constructed or loaded or the load securely covered as to
prevent any of its load from dropping, sifting, leaking, or otherwise escaping or
its load covering from dropping from the vehicle, except that materials may be
dropped for the purpose of securing traction, or water or other substance may
be applied on a roadway in cleaning or maintaining such roadway.
B. Sanitary Condition: All vehicles, containers and dumpsters used for the
collection and removal of solid waste shall be kept in a clean, inoffensive, and
sanitary condition. All solid waste shall be handled in such a way as to prevent
the scattering, spilling or leakage of same. (2007 Code § 40-22)
13-6-9: USE OF STATE APPROVED DUMP SITE OR DISPOSAL PROJECT:
A. State Licensed Project: No person shall haul or cause to be hauled any solid
waste to any sanitary disposal project, dump site or any other area unless such
disposal project, dump site or other area is licensed by and in full compliance
with all regulations in the state in which it is located.
B. Filling Or Excavating; Permit Required: No person shall use dirt, stone, brick,
concrete or similar inorganic material forfiil, landscaping, excavation or grading
without first obtaining a building permit, if required by other provisions of this
code, and only in conformance with all provisions of the zoning and subdivision
ordinances of this code. (2007 Code § 40-23)
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CHAPTER6
SOLID WASTE
ARTICLE A. CITY OR PRIVATE COLLECTION SERVICE
SECTION:
13-6A-1:
City Manager's Authority Generally
13-6A-2:
Availability Of Collection Service
13-6A-3:
Frequency, Time And Areas Of Collection
13-6A-4:
Placement Of Containers For Collection
13-6A-5:
Ownership Of Materials; Unauthorized Collecting Prohibited
13-6A-6:
Rates And Charges Established; Exceptions
13-6A-7:
Charges; Billing And Collection
13-6A-8:
Yard Waste And Food Scraps
13-6A-9:
Private Collection Service
13-6A-1: CITY MANAGER'S AUTHORITY GENERALLY:
The City Manager is hereby authorized and directed to employ City owned vehicles
and equipment and the necessary operating personnel to collect solid waste, yard
waste and recyclable materials and to collect fees and administer the program as
provided for in this article in the City, upon the terms and conditions of this article.
(2007 Code § 40-31)
13-6A-2: AVAILABILITY OF COLLECTION SERVICE:
A. Collection service is provided within the City of Dubuque to residents and
businesses located within city limits as outlined below. The City Manager may
consider requests for service outside of city limits, in the City Manager's sole
discretion.
�. B. Class I Premises: City solid waste collection from residential premises as
defined in section 13-6-1 of this chapter shall be mandatory.
C. Class II Premises: Class II premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The
collection rate shall be determined according to the fee schedule set forth in
section 13-6A-6 of this article.
D. Class III Premises: Class III premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The
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collection rate shall be determined according to the fee schedule set forth in
section 13-6A-6 of this article.
E. Recycling Services: Class II premises not serviced by City solid waste
collection service and Class III premises may apply to the City Manager for
such recycling services. The collection rate shall be determined according to
the fee schedule set forth in section 13-6A-6 of this article.
F. Refusal Of Service: The City Manager may refuse solid waste collection service
or recycling services because of quantities or characteristics beyond the
capacity or capability to be handled efficiently or safely by City personnel and
equipment. (Ord. 14-19, 3-7-2019, eff. 7-1-2019; amd. Ord. 17-20, 4-23-2020;
Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-3: FREQUENCY, TIME AND AREAS OF COLLECTION:
A. Frequency And Time Of Collection: Collections shall be made not more than
once weekly at such time and in such areas of the City as shall be determined
and set out in schedules prepared by the City Manager in accordance with the
provisions of this article. All collections shall be made between the hours of six
o'clock (6:00) A.M. and nine o'clock (9:00) P.M.
B. Collection Schedule: The collection schedule shall not include official City
holidays unless otherwise determined by the City Manager. However, a
Saturday may be substituted as the collection day to replace the collection
which would otherwise be made on the day of the week the holiday occurs.
C. Authority To Change Schedule: The City Manager is hereby authorized and
empowered to change or amend the collection schedules from time to time as
the City Manager may deem necessary. (2007 Code § 40-33; amd. Ord. 17-20,
4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-4: PLACEMENT OF CONTAINERS FOR COLLECTION:
A. Alleys: Where collections are made from alleys, solid waste containers shall be
placed in one location for each dwelling, in clear view and at the owner's
property line abutting the alley and on the days designated in said schedule.
B. Streets: Where collections are made from the street, solid waste containers
shall be placed in one location for each dwelling, in clear view and in the street
right-of-way on the owner's property side of the curb and on the days
designated in said schedule. Such containers shall be placed so as not to
interfere with vehicular and pedestrian traffic and when emptied shall be
promptly removed by the owner.
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E C. Time Limit For Placement Of Containers On Streets: No person shall place
solid waste or recycling at the street for collection more than twenty-four (24)
hours before the scheduled collection day. No person shall leave solid waste
containers or recycling containers at the street for more than twenty-four (24)
hours after the scheduled collection day.
D. Early Placement: All solid waste shall be placed at the designated collection
location for City collection by six o'clock (6:00) A.M. on the scheduled collection
day.
E. Duty When Solid Waste Not Collected: Any solid waste not in compliance with
this chapter shall not be collected by the City and shall be removed by the
owner within twenty-four (24) hours after the scheduled collection day and
stored in such a manner as not to create a health, safety or fire hazard. (Ord.
27-17, 6-5-2017; amd. Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff.
7-1-2021)
13-6A-5: OWNERSHIP OF MATERIALS; UNAUTHORIZED COLLECTING
PROHIBITED:
From the time of placement for collection as provided in section 13-6A-4 of this
article, all solid waste and recyclable materials and recycling containers which meet
the requirements of this chapter placed for collection by the City shall become and
be the property of the City and it shall be a violation of this section for any person
other than authorized personnel of the City to collect, pick up, or cause to be
collected or picked up, any such materials. (2007 Code § 40-35)
13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. Class I Premises:
1. Base Fee And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per dwelling unit per month
shall be paid to the City by the property owner of each Class I premises for
such solid waste collection services. Said fee shall be in payment for collection
and disposal of one (1) thirty five (35) gallon can or one (1) thirty five (35)
gallon trash bag of "solid waste" as defined in this chapter. There is no limit on
the number of bins allowed to be collected containing acceptable "recyclable
materials" as defined in this chapter.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
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(1) Carts Required: Alley carts, owned by the City for semiautomated'
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class I premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty-four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class I
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34), 4
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to f
alley carts and multifamily dwellings opting to subscribe to solid waste cart(s)
must provide a minimum of thirty (30) gallons of capacity for each dwelling unit.
The City may, in its sole discretion, require additional capacity per unit if thirty
(30) gallons for each dwelling unit is insufficient. The City shall notify the
applicable account holder in writing of the additional capacity requirement.
3. Class I Premises Exceptions:
a. When a Class I premises has been vacant for a period not less than
two (2) consecutive months, the owner may apply to the City Manager for a
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credit under procedures to be established by the City Manager. Such credit
shall continue only so long as the Class I premises is vacant.
b. In cases of extreme financial hardship, the City Manager may, and is
hereby authorized and empowered to, make adjustments in the monthly
collection charges as the City Manager may deem appropriate. In such cases,
the City Manager shall have the authority to require such proof of financial
status or extreme hardship, as the City Manager may deem necessary.
c. When resident(s) of a Class I premises has an annual income equal
to or less than the income standards used by HUD for its "Section 8 Housing
Program" for the size of that household may, upon application to the City
Manager or designee, be exempted from one-half (1/2) the established
collection charge. After the initial application, annual application shall be made
by the account holder of the City of Dubuque utility bill for the premises to verify
annual income and eligibility.
B. Class II Premises:
1. Base Fees And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per month shall be paid to the
City by the property owner of each Class II premises for such solid waste
collection services. Said fee shall be in payment for collection and disposal of
one (1) thirty five (35) gallon can or one (1) thirty five (35) gallon trash bag of
"solid waste" as defined. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as defined.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
(1) Carts Required: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class II premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty- four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
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b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class II
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to
alley carts and multifamily dwellings opting to subscribe to solid waste cart(s)
must provide a minimum of thirty (30) gallons of capacity for each dwelling unit.
3. Termination: The owner of a Class II premises served by the City solid
waste collection may provide the City Manager with not less than fourteen (14)
days' written notice of intent to terminate the service. Such termination of
service shall be effective at the beginning of the next billing period after such
fourteen (14) day notice period.
4. Recycling Only: Upon approval of an application for City recycling
collection a fee of six dollars ($6.00) per month per unit shall be paid to the City
by the property owner of each Class II premises not serviced by City solid
waste collection services for recycling collection.
C. Class III Premises:
1. Base Fees And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per dwelling per month shall be
paid to the City by the property owner of each Class III premises for such
services. Said fee shall be in payment for collection and disposal of one (1)
thirty five (35) gallon can or one (1) thirty five (35) gallon trash bag of "solid
waste" as defined. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as defined.
2. Solid Waste Cart Subscriptions:
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a. Mandatory Subscription Alleys:
(1) Required Carts: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class III premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty-four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class III
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine and dollars ($29.00) per month.
3. Termination: The owner of a Class III premises served by City solid waste
collection may provide the City Manager with not less than fourteen (14) days'
written notice of intent to terminate the service. Such termination of service
shall be effective at the beginning of the next billing period after such fourteen
(14) day notice period.
4. Recycling Only: Upon approval of an application for City recycling
collection a fee of six dollars ($6.00) per month per unit shall be paid to the City
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by the property owner of each Class III premises not serviced by City solid
waste collection services for recycling collection.
D. Unit Based Pricing: Collection options and charges under unit -based pricing for
Class I, II and III premises are as follows:
1. A yearly subscription for weekly collection of an additional standard solid
waste container, or containers, may be subscribed for an additional eight
dollars ($8.00) each per month.
2. Oversized, nonstandard rigid solid waste containers of up to fifty (50)
gallons in capacity may be subscribed as the one container covered under the
base monthly solid waste fee for an additional five dollars ($5.00) per month.
Such containers shall be holders for standard trash bags for manual removal
by City crews, shall not contain any loose material, and shall not be lifted and
dumped by crews. Individual trash bags held in the oversized container shall
weigh no more than forty (40) pounds.
3. A yearly subscription for weekly collection of an additional oversized solid
waste container, or containers, may be subscribed for an additional twelve
dollars ($12.00) each per month.
4. Official City of Dubuque single -use stickers costing one dollar and fifty
cents ($1.50) shall be applied to each additional standard solid waste container
or small bulky or bundled item in excess of the one standard solid waste
container collected under the base monthly solid waste fee or any additional
subscribed container(s).
5. Multiple -family dwellings of three (3), four (4), five (5), and six (6) dwelling
units as well as Class II or Class III premises sharing a common set out
location with other City solid waste customers shall only use approved rigid
solid waste containers with permanent identification as to the specific premises.
However, for the two (2) weeks following Christmas, excess solid waste may
be set out in trash bags with applied City of Dubuque single use stickers. The
capacity must be a minimum of thirty (30) gallons per dwelling unit.
E. Special Collection: The charge for a special collection service for large and
bulky rubbish to each dwelling unit receiving such service when requested by
the owner shall be as follows:
1. A fee of ten dollars ($10.00) shall be paid by the owner for each time the
service is provided for up to the equivalent of three (3) cubic yards of solid
waste.
2. An additional fee of twelve dollars and fifty cents ($12.50) shall be paid for
each additional three (3) cubic yards of solid waste.
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3. An additional fee for tires, equal to the disposal fees charged at the
Dubuque Metro Landfill, shall be paid to the City by the owner for each tire.
4. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each appliance collected in the service.
5. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for service
on a day not receiving weekly collection at the service address.
6. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for
immediate service or whenever crews are sent back to the service address to
collect items that were not properly set out on time as previously scheduled.
7. An additional fee of twenty dollars ($20.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for collection
of electronics including one device with an electronic screen (laptops, monitors,
TVs, etc.). An additional fifteen -dollar ($15.00) fee will apply for each additional
device with an electronic screen set out per collection. (Ord. 14-19, 3-7-2019,
eff. 7-1-2019; amd. Ord. 17-20, 4-23-2020; Ord. 22-20, 6-1-2020; Ord. 9-21,
3-24-2021, eff. 7-1-2021)
13-6A-7: CHARGES; BILLING AND COLLECTION:
A. City Billing: The City Manager is authorized to bill tenants upon the written
request of the property owner and according to a procedure to be established
by the City Manager. The property owner in such cases shall provide any
information on each tenant's mailing address to aid in the collection of fees for
City services. In all cases, the property owner shall remain liable for the
payment of all charges required by this chapter.
B. Monthly Billing: All accounts shall be billed monthly. The payment of bills is
subject to the terms of section 13-1 C-4 of this title.
C. Unpaid Billing For Class I Premises: The collection of solid waste provided
Class I premises and the maintenance of the availability of such service,
whether or not such service is used regularly or not at all by the owner of such
Class I premises, is hereby declared a benefit to said premises at least equal
to the monthly charges specified, and in case of failure to pay the monthly
charge when billed as heretofore provided, then the monthly charge shall
become a lien against the property benefited or served and shall be collected
in the same manner as general Property Taxes.
D. Certify Delinquent Accounts To County Treasurer: It is the duty of the City
Treasurer to certify the actual rates and fees plus the costs of administration
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to the County Treasurer as provided in section 13-1 C-4 of this title and all such
costs will constitute a lien against said property and be collected with and in the
same manner as general Property Taxes on said property. (Ord. 29-08,
5-5-2008; amd. Ord. 56-12, 9-17-2012; Ord. 3-20, 1-21-2020)
13-6A-8: YARD WASTE AND FOOD SCRAPS:
A. Separation Of Yard Waste: Yard waste shall be separated by the owner of a
premises from all other solid waste.
B. Composting: An owner may compost such person's own yard waste and food
scraps on such person's own premises, provided the same is stored in such a
manner as to not create a fire, health or safety hazard.
C. Collection Schedule For Yard Waste: Yard waste that has not been composted
shall be collected by the City not more than once each week according to the
collection schedule established by the City Manager.
D. Preparation Of Waste: Containerized yard waste collected by the City shall be
placed in degradable paper bags with an affixed single use sticker or in rigid
waste containers with an affixed single use tag or in permanent waste
containers with an affixed annual yard waste decal or in a subscribed sixty-five
(65) gallon City owned yard waste cart or be contained by tying devices
approved by the City Manager. The charges for collection and disposal of "yard
waste" as defined shall be as follows:
1. The fee for tying devices approved by the City Manager shall be one dollar
thirty cents ($1.30) each.
2. The fee paid to the City by a customer of record with the City for an annual
yard waste decal for a rigid waste container shall be thirty-five dollars ($35.00)
each through June 30 of each year. The fee shall be reduced by one-half (1/2)
on July 1 of each year and again by one-half (1/2) on September 1 of each
year. A decal shall only be used by the customer of record with the City who
purchased it.
3. The fee for single use stickers shall be one dollar and thirty cents ($1.30)
each.
4. The fee paid to the City for subscription to a sixty-five (65) gallon City
owned yard waste cart shall be eleven dollars ($11.00) per month.
5. The minimum fee paid to the City for collection of a scheduled leaf rake out
is twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile of
leaves in the parking lane at the curb.
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p E. Food Scrap Collection Program Subscribers: Subscribers to the food scrap
collection program shall set out City owned carts containing food scraps and
other compostable materials.
SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES
Customer Class
Cart Size
Monthly Rates
City refuse customers and K - 12 schools
13 gallon
$1.00
48 gallon
$8.00
64 gallon
$11.00
Commercial customers without City refuse collection
13 gallon
$4.00
48 gallon
$15.00
64 gallon
$20.00
1. Such carts shall be co -collected with yard waste. The customer shall
choose the number and size of the cart(s).
2. Such carts shall be set out weekly to reduce potential nuisance concerns.
Failure to use, store or set out the cart properly shall cause the subscription to
be terminated.
F. Deposits In Public Rights -Of -Way Prohibited: No person shall deposit any yard
waste or food scraps in any public right-of-way. (Ord. 4-16, 3-14-2016, eff.
7-1-2016; amd. Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-9: PRIVATE COLLECTION SERVICE:
A. License Required: No person shall engage in the business of removing or
hauling solid waste from the premises of another person without a license to
do so from the City Manager. The issuance of such license shall be in the
manner prescribed and subject to the terms of title 4, chapter 1 of this Code.
(2007 Code § 40-46)
B. Application For License; Fee: Application for such license shall specify the type
of equipment and vehicles to be used, the routes to be traveled, the places to
be served and the name and residence of the applicant. Such person shall pay,
at the Office of the City Treasurer, an annual license fee of twenty-five dollars
($25.00) per year for each vehicle engaged in such business. (2007 Code
§ 40-47)
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C. Display Of License Number On Vehicle: No person shall operate a vehicle
licensed under this section unless the license number is prominently displayed
on the lower portion of the driver's side of the windshield in clear view. Such
license number shall be affixed to the vehicle not less than five (5) days after
the day of issue. (2007 Code § 40-48)
D. Separability Of Provisions: It is the intention of the City Council that each
subsection, paragraph, sentence, clause and provision of this section is
separable, and if any provision is held unconstitutional or invalid for any reason,
such decision shall not affect the remainder of this section nor any part thereof
other than that affected by such decision. (2007 Code § 40-50; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
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CHAPTER 2
LONG RANGE PLANNING ADVISORY COMMISSION
SECTION:
15-2-
1:
Commission Created
15-2-
2:
Purpose
15-2-
3:
Internal Organization And Rules
15-2-
4:
Procedures For Operation
15-2-
5:
Membership
15-2-
6:
Oath
15-2-
7:
Terms
15-2-
8:
Vacancies
15-2-
9:
Officers/Organization
15-2-10:
Meetings
15-2-11:
Compensation
15-2-12:
Removal
15-2-13:
Powers
15-2-1: COMMISSION CREATED:
There is hereby created the long range planning advisory commission. (Ord. 62-15,
9-21-2015)
15-2-2: PURPOSE:
The purpose of the commission is to foster the community planning process,
develop policies, goals, plans, and management tools based on a consensus of
community values, and help guide the community's future development, public
policies, and decision making. (Ord. 62-15, 9-21-2015)
15-2-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 62-15, 9-21-2015)
December 2015
City of Dubuque
15-2-4
15-2-8
15-2-4: PROCEDURES FOR OPERATION:
l
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 62-15, 9-21-2015)
15-2-5: MEMBERSHIP:
A. Composition: The commission comprises seven (7) residents of the city,
appointed by the city council.
B. Age: Residents must be eighteen (18) years of age or older.
C. (qualifications:
1. All members must be qualified by their knowledge, experience, and ability
to contribute to the city's long range planning and development efforts.
2. Cross -Representation: One (1) member must be appointed by and from
the membership of the Housing Commission, with concurrence of the city
council. (Ord. 62-15, 9-21-2015; amd. Ord. 4-21, 2-15-2021)
15-2-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute
an oath of office at the first meeting of the commission following the appointment
or reappointment or at the city clerk's office any time prior to the first meeting of the
commission. (Ord. 62-15, 9-21-2015)
15-2-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The term of the cross -representative
appointee to the Long Range Planning Advisory Commission must coincide with
their term on the Housing Commission. (Ord. 62-15, 9-21-2015; amd. Ord. 4-21,
2-15-2021)
15-2-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 62-15,
9-21-2015)
April 2021
City of Dubuque
15-2-9 15-2-12
15-2-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers forthe remainder of the officer's unexpired term. (Ord. 62-15, 9-21-2015)
15-2-10: MEETINGS:
A. Meetings: Meetings may be called by the Chairperson or at the written request
of a majority of the Commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance:
1. In the event a Commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
Chairperson, such absence will be grounds for the commission to recommend
to the City Council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes: A copy of the minutes of all meetings of the commission must be filed
with the City Council within ten (10) working days after each meeting, or by the
next regularly scheduled City Council meeting, whichever is later.
E. Quorum: Four (4) Commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the Commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 46-16,
9-19-2016)
15-2-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the City administrative policies
and budget. (Ord. 62-15, 9-21-2015)
15-2-12: REMOVAL:
Except as provided in subsection 15-2-10C1 of this chapter, the City Council may
remove any Commissioner for good cause. (Ord. 62-15, 9-21-2015)
April 2021
City of Dubuque
15-2-13
15-2-13
15-2-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To provide a leadership role in the planning, coordinating, and sponsoring of
a periodic community planning process;
B. To coordinate and supervise the preparation and maintenance of the
Comprehensive Plan;
C. To provide input to the City Manager in the preparation of the City Manager's
recommended multiyear Capital Improvement Program;
D. To make comprehensive studies of the present condition and the future growth
of the City to provide input into the community planning process and to guide
and accomplish a coordinated, consistent, and harmonious development in
accordance with the present and future needs thereof to the end that the
health, safety, morals, order, convenience, prosperity, and general welfare may
be promoted;
E. To make or cause to be made such surveys, studies, maps, plans, or charts of
the City with due regard to its relation to neighboring territory as may be
determined as necessary to carry out the purposes of the commission;
F: To recommend amendments to all or parts of the Comprehensive Plan in
response to the community planning process, upon its own initiative or upon
recommendation presented by the Zoning Advisory Commission, but only after
a public hearing;
G. To review proposed urban renewal plans and urban revitalization plans for
consistency with the Comprehensive Plan;
H. To undertake public information efforts to enhance public understanding of the
community planning process generally and the Comprehensive Plan
specifically; and
I. To undertake from time to time other specific long range planning projects
which may be referred to the commission by the City Council. (Ord. 41-17,
9-5-2017)
April 2021
City of Dubuque
DUBUQUE, IOWA
Instruction Sheet
2021 S-3 Supplement - April 2021
REMOVE OLD PAGES
INSERT NEW PAGES
VOLUMEI
Cover Page
Cover Page
Preface
Preface
2-513-1 through 2-513-131) (4 pages)
2-511-1 through 2-51 -131) (4 pages)
VOLUME 11-
Cover Page
Cover Page
13-1C-1 through"13-1C-4C (4 pages)-`
13-1C-1 through 13-1C-4C (4 pages)
13-2C-1 through 13-2C-5A (4 pages)
13-2C-1 through 13-2C-5A (4 pages)
13-4-5 through 13-4-7A; (2 pages)
13-4-5 through 13-4-7A (2 pages)
13-4710 (with such covenant...) through
13-7-10 (with such covenant...)
13-4-13 (2 pages)
through 13-4-13 (2 pages)
13-5-1 through 13-5-1 (ILLICIT
13-5-1 through 13-5-1 (ILLICIT
CONNECTION) (2 pages)
CONNECTION) (2 pages)
13-5-1 (WASTEWATER) through
13=5-1 (WASTEWATER) through
13-5-986 (4 pages)
13-5-9136 (4 pages)
13-6-1 through 13-6-9 (7 pages)
13-6-1 through 13-6-9 (7 pages)
13-6A-1 through 13-6A-9 (11 pages)
13-6A-1 through 13-6A-9 (12 pages)
15-2-1 through 15-2-13 (4 pages)
15-271 through 15-2-13 (4 pages)
awa
( 4121
f
�_
(.
CITY CODE
of
F-11ORK110
Code current through:
Ord. 10-21, passed 3-24-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street 4 Suite 310 4 Cincinnati, Ohio 45202
1-800-445-5588 O www.amlegal.com
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 10-21, passed March 24, 2021.
Ordinances of the City adopted after said ordinance
supersede the provisions of this code to the extent
that they are in conflict or inconsistent therewith.
Consult the City office in order to ascertain whether
any particular provision of the code has been
amended, superseded or repealed.
Sterling Codifiers
Cincinnati, Ohio
April 2021
City of Dubuque
2-513-1 2-513-3
CHAPTER 5
HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS
ARTICLE B. HOUSING COMMISSION
SECTION:
2-58- 1:
Commission Created
2-56- 2:
Purpose
2-513- 3:
Internal Organization And Rules
2-5E3- 4:
Procedures For Operation
2-513- 5:
Membership
2-513- 6:
Oath
2-513- 7:
Terms
2-58- 8:
Vacancies
2-513- 9:
Officers/Organization
2-513-10:
Meetings
2-513-11:
Compensation
2-513-12:
Removal
2-513-13:
Powers
2-58-14:
Project Approval
2-513-15:
Monitor Housing Program; Conduct Hearings On Grievances
2-513-1: COMMISSION CREATED:
There is hereby created the housing commission. (Ord. 67-15, 10-19-2015)
The purpose of the commission is to undertake and carry out studies and analysis
of housing needs and the meeting of such needs; to recommend proposed projects
( in the area of low and moderate income housing for the citizens of the city; to
monitor the city's housing programs; and to conduct grievances regarding the rental
assistance program, except in the area of property maintenance code enforcement.
(Ord. 31-16, 6-20-2016, eff. 7-1-2016)
2-513-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
November 2016
City of Dubuque
2-5B-3
2-58-6
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 67-15, 10-19-2015)
2-513-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 67-15, 10-19-2015)
2-513-5: MEMBERSHIP:
A. Number: The commission comprises ten (10) residents of the city.
B. Age: Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. At least three (3) members must be selected specifically on the basis of
experience in real estate development, banking, finance, accounting, funds
management, or other related areas of expertise.
2. One (1) member must be a person who is a recipient of tenant based
rental assistance under section 8 of the United States Housing Act of 1937,
whose name appears on a lease of section 8 property. If such member ceases
to be a recipient of rental assistance under section 8, the term of such member
is deemed terminated and a new member who meets the requirements of this
subsection must be appointed for the remainder of the term.
3. The remaining members are at -large members.
4. Cross -Representation:
a. One (1) member must be appointed by the commission, with city
council approval, to serve on the community development advisory
commission.
b. One (1) member must be appointed by the commission, with city
council concurrence, to serve on the long range planning advisory commission.
(Ord. 74-15, 12-7-2015; amd. Ord. 5-21, 2-15-2021)
2-513-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute
an oath of office at the first meeting of the commission following the appointment
April 2021
City of Dubuque
2-513-6 2-513-10
or reappointment or at the city clerk's office any time prior to the first meeting of the
commission. (Ord. 67-15, 10-19-2015)
2-513-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The terms of the cross representative
appointees to the community development advisory commission and the long range
planning advisory commission must coincide with their terms on the housing
commission. (Ord. 67-15, 10-19-2015; amd. Ord. 5-21, 2-15-2021)
2-58-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 67-15,
10-19-2015)
2-5 B-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
U its officers for the remainder of the officer's unexpired term. (Ord. 67-15,
10-19-2015)
2-5B-10: MEETINGS:
A. Regular Meetings: The commission must meet monthly.
B. Special Meetings: Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
April 2021
City of Dubuque
2-5B-10
2-5B-13
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
each meeting, or by the next regularly scheduled city council meeting,
whichever is later.
F. Quorum: Six (6) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 67-15,
10-19-2015)
2-513-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 67-15, 10-19-2015)
2-58-12: REMOVAL:
Except as provided in subsection 2-513-10D1 of this chapter, the city council may
remove any commissioner for good cause. (Ord. 67-15, 10-19-2015)
2-513-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To contribute as appropriate in the planning, coordinating, and review of
housing development;
B. To conduct public hearings to ensure meaningful citizen input in the planning,
implementation, and assessment of the city's housing programs;
C. To provide for and encourage the participation of low and moderate income
persons in the planning, implementation, and assessment of housing
programs,
D. To provide input into the community planning process and to assist in
accomplishing a coordinated and consistent housing development program of
the city in accordance with present and future housing needs;
December 2015
City of Dubuque
of
Code current through:
Ord. 10-21, passed 3-24-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street 4 Suite 310 4 Cincinnati, Ohio 45202
1-800-445-5588 4 www.amlegal.com
r'
r
13-1 C-1
13-1 C-1
CHAPTER 1
WATER USE AND SERVICE
ARTICLE C. RATES
SECTION:
13-1 C-1:
Residential, Commercial, Industrial And All Other Uses
13-1 C-2:
Fire Sprinkler Service
13-1 C-3:
Construction Use
13-1 C-4:
Payment Of Bills
13-1 C-1:
RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL
OTHER USES:
A. Rates Established: The rates to be charged for water for residential,
commercial, industrial and all other uses and purposes by any person, firm or
corporation within the City shall be based on units of one hundred (100) cubic
feet (748 gallons) or per gallon as follows:
Monthly Consumption
(In Hundreds Of Cubic Feet)
Charge Per
Hundred Cubic Feet
First 30
$3.97
Next 120
3.23
Next 350
3.00
Next 500
2.65
Over 1,000
2.35
Monthly Consumption
(In Gallons)
Charge Per Gallon
First 22,440
$0.00527
Next 89,760
0.00432
Next 261,800
0.00403
Next 374,000
0.00355
Over 748,000
0.00311
Rates shall be subject to the following minimum monthly charge according to
the size of the meter:
April 2021
City of Dubuque
13-1 C-1
13-1 C-1
Meter Size
(Inches)
Monthly
Consumption
(In Hundreds Of
Cubic Feet)
Monthly
Consumption
(In Gallons)
Minimum
Charge
5/8
2
1,496
$ 7.88
3/4
5
3,740
19.71
1
8
5,984
31.54
11/2
26
19,448
102.49
2
46
34,408
169.96
3
106
79,288
363.84
4
168
125,664
560.28
6
368
275,264
1,163.17
8
625
467,500
1,893.00
A property owner shall pay a fifty dollar ($50.00) disconnect fee for water
service that is disconnected by the City for a meter not in service. When a
tenant account is subject to disconnection due to delinquency, the tenant shall
pay the fifty dollar ($50.00) disconnect fee.
A fifty dollar ($50.00) service call fee shall be charged to property owners or
tenant account for those service calls that are determined to be related to
customer negligence.
A seven dollars and twenty one cents ($7.21) minimum monthly charge shall
be assessed for meters not in service.
B. Rates Outside City Limits: The rates to be charged for water supplied by the
City to residential, commercial, industrial and other uses and purposes by any
person outside the corporation limits of the City, shall be at one hundred fifty
percent (150%) of the rates set forth in subsection A of this section.
C. Estimated Billings: For all meters in service, bills will be issued monthly. When
a meter is not read monthly for any reason, bills will be issued on estimated
consumption. For estimated billings, either on alternate months or when
readings are not obtainable for any reason, consumption will be predicated on
the monthly average of past usage for the meter. For estimated bills issued for
an account in which historical data is not available, billing will be predicated on
the minimum charge and related consumption identified for the size of the
meter in service for the particular account.
April 2021
City of Dubuque
13-1 C-1
13-1 C-2
D. Adjustments From Estimated Readings: Adjustments from estimated readings
will be made when an actual meter reading is obtained. The adjustment will be
reflected on the user's next regular bill.
E. Residential Rate Exception: The city manager shall establish a policy for
evaluating cases of extreme financial hardship and the city's ability to make
adjustments in the monthly residential rate as determined by the terms and
conditions of the policy and the funds allocated, and available, through the
budget process. (2007 Code § 44-201; amd. Ord. 15-19, 3-7-2019, eff.
7-1-2019; Ord. 14-20, 4-23-2020; Ord. 23-20, 6-1-2020; Ord. 6-21, 3-24-2021,
eff. 7-1-2021)
13-1 C-2: FIRE SPRINKLER SERVICE:
Customers who have fire sprinkler service shall be billed for this service on a
monthly basis. The monthly charge shall be as follows:
Current Number Of Heads
Monthly Charges
Up to 200 (minimum)
$ 24.17
200 - 299
29.02
300 - 399
33.79
400 - 599
38.68
600 - 799
43.47
800 - 999
48.33
1,000 - 1,199
53.18
1,200 - 1,399
57.96
1,400 - 1,599
62.80
1,600 - 1,799
67.65
1,800 - 1,999
72.44
2,000 - 2,199
77.29
2,200 - 2,399
82.12
2,400 - 2,599
86.96
2,600 - 2,799
91.79
2,800 - 2,900
96.74
April 2021
City of Dubuque
13-1 C-2
13-1 C-4
Current Number Of Heads Monthly Charges
3,000 - 3,499 101.44
Over 3,500 (for each additional 500 4.82
heads or fraction thereof)
(Ord. 16-19, 3-7-2019, eff. 7-1-2019; amd. Ord. 15-20, 4-23-2020; Ord. 7-21,
3-24-2021, eff. 7-1-2021)
13-1 C-3: CONSTRUCTION USE:
A. Application For Temporary Water Service; Deposit: When a temporary water
service is desired for construction work, application shall be made to the City
Manager. A deposit equal to the actual cost of the meter and fittings shall be
paid in advance. The applicant shall guarantee payment of such water service
charges and return said meter in good condition.
B. Installation Of Meter: The applicant shall thereupon install a suitable meter,
furnished by the City, and shall pay for all water furnished in accordance with
the then prevailing water rates including minimum monthly charges.
C. Payment Of Charge When Installation Of Meter Impractical: If it is the opinion
of the City Manager that placement of a meter is impractical, then the deposit
for meter and fittings shall not be required, but a charge, as determined by the
City Manager, after official publication, shall be made, but under no
circumstances shall water be used for sprinkling lawns, wetting down yards or
compacting of soil unless a meter has been installed on the service, or
arrangements have been made for such usage.
D. Water Rate For Various Other Purposes: The rate for water charged for other
purposes not mentioned herein, such as for circuses, carnivals, fairs, skating
rinks, swimming pools, tank wagons and filling cisterns will be made by the City
Manager when application is made for the same at the Water Office. (2007
Code § 44-203)
13-1 C-4: PAYMENT OF BILLS:
A. Locations For Payment Of Bills: Payment of bills may be made at locations that
have been designated by the City Manager, after official publication.
B. Due When Rendered: All utility bills are due when rendered. (Ord. 31-08,
5-5-2008)
C. Late Payments; Procedure Upon Delinquency:
April 2021
City of Dubuque
13-2C-1
13-2C-2
CHAPTER
SEWERS AND SEWAGE DISPOSAL
ARTICLE C. RATES
SECTION:
13-2C-1:
Purpose
13-2C-2:
Definitions
13-2C-3:
Rates Established
13-2C-4:
Areas Not Served By Public System
13-2C-5:
Lien For Failure To Pay
13-2C-5:
Cost Of Collection
13-2C-1: PURPOSE:
It is hereby determined and declared to be necessary and conducive to the
protection of the public health, safety, welfare and convenience of the City to levy
and collect just and equitable charges, rates or rentals upon all lots, parcels of real
estate and buildings that are connected directly or indirectly with the sanitary
sewage system of the City, the proceeds of such charges or rentals so derived to
be used for the purpose of constructing, operating, maintaining and repairing such
sewage treatment plant. (2007 Code § 44-82)
13-2C-2: DEFINITIONS:
The following words and terms, as used in this article, shall be deemed to mean and
be construed as follows:
CONTRIBUTOR: Any person responsible for the
production of domestic, commercial or
industrial waste which is directly or
indirectly discharged into the City's
sanitary sewer system.
SEWAGE SERVICE CHARGE: Any and all rates, charges, fees or
rentals levied against and payable by
the contributors, including special
contracts or agreements which have
been or may be negotiated by and
between the City, commercial
establishments, industries,
manufacturing plants or corporations
for the purpose of collecting rates,
charges, fees or rentals.
August 2020
City of Dubuque
13-2C-3
13-2C-2
SEWAGE TREATMENT PLANT: Any and all units of the Municipal
sewage treatment system owned and
operated by the City, including the
interceptor sewer system, the pumping
stations delivering sewage to the plant
and the outfall sewer system.
WATER DEPARTMENT: The City Water Department. (2007
Code § 44-81)
13-2C-3: RATES ESTABLISHED:
Contributors whose property lies within the corporate limits of the City, except as
otherwise provided in this article, shall pay to the City at the same time payment for
water services is made, a sewer service charge computed on water consumption
on the following rates:
A. Basic Charges:
1. The sewer rates and charges shall be based on the quantity of water used
on or in the property or premises. For all customers utilizing sewer service, bills
will be issued on estimated consumption. For estimated billings, either on
alternate months, or when a reading on a water meter is not obtainable for any
reason, consumption will be predicated on the -monthly average of the past
usage for the metered account. For estimated bills issued for an account in
which historical data is not available, billing will be predicated on the minimum
charge and related consumption identified in subsection C7 of this section for
the size of the water meter in service for the particular account. (2007 Code
§ 44-83)
2. Basic Charge Exception: The city manager shall establish a policy for
evaluating cases of extreme financial hardship for residential customers and
the city's ability to make adjustments in the monthly basic charge for residential
customers as determined by the terms and conditions of the policy and the
funds allocated, and available, through the budget process.
B. Schedule Of Rates:
Rate per each 100 cubic feet $5.42
Rate per each gallon 0.00725
C. Service Charge:
April 2021
City of Dubuque
13-2C-3
13-2C-3
1. When a parcel of real estate, property or building discharging sanitary
sewage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is not a user of water supplied
by the City Water Division and the water used thereon or therein is not
acceptable to the City, the amount of water used shall be determined by the
City in such a manner as the City Manager may elect to establish the rate of
charge as provided in this article, or the owner or other interested parties at
their expense, may install and maintain a meter acceptable to the City for said
purposes.
2. When a parcel of real estate, property or building discharging sanitary
sewerage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is a user of water supplied by
the City Water Division and in addition uses water from another source which
is not measured by a water meter or is measured by a water meter not
acceptable to the City, the amount of water used shall be determined by the
City in such a manner as the City Manager may elect in order to establish the
rate of charge as provided in this article, or the owner or other interested
parties at their expense may install and maintain a meter acceptable to the City
for said purposes.
3. When a parcel of real estate, property or building discharging sanitary
sewage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is not a user of water supplied
by the City Water Division, the amount of sanitary sewage, industrial wastes,
water or other approved waste discharged into the sanitary sewer system shall
be determined by the City in such a manner as the City Manager may elect in
order to establish the rate of charge as provided in this article, or the owner or
other interested parties at their expense, may install and maintain a sewage
meter acceptable to the City for said purposes.
4. The City Council may, in its discretion, when applicable, permit connection
to the City sanitary sewer system of properties located outside the corporate
limits upon such terms and conditions as it may establish; provided, however,
that such terms shall not be more favorable to such property than rates herein
established for City users.
i 5. In order that the rates and charges may be modestly and equitably
adjusted to the service rendered, the City shall have the right to base its
charges not only on volume, but also on the strength and content of the
sewage and wastes of the user. The City shall have the right to measure and
determine the strength and content of all sewage and wastes discharged either
directly or indirectly into the City's sanitary sewer system, in such manner and
by such methods as it may deem practicable in the light of the conditions and
circumstances of the case in order to determine the proper charge. Extra
charges will be applicable and negotiated with users on an individual account
basis when concentration of the sewage exceeds three hundred milligrams per
August 2020
City of Dubuque
13-2C-3
13-2C-5
liter (300 mg/L) of biochemical oxygen demand, three hundred fifty milligrams
per liter (350 mg/L) of suspended solids or two percent (2%) or more of the flow
rate into the sewage treatment plant.
6. The rates and charges may be billed to the tenant and tenants occupying
the properties served, unless otherwise requested in writing by the owners, but
such billings shall in no way relieve the ownerfrom liability in the event payment
is not made as required in this article. (2007 Code § 44-83)
7. Where the quantity of water consumed is such that the minimum of service
is charged, the minimum sewer service charge, according to the size of the
meter, shall be as follows:
Meter Size
Minimum
Allowance
Allowance
(Inches)
Charge
(Cubic Feet)
(Gallons)
5/8
$10.85
200
1,496
3/4
27.12
500
3,740
1 or larger
43.38
800
5,984
(Ord. 10-17, 3-7-2017, eff. 7-1-2017; amd. Ord.17-19, 3-7-2019, eff. 7-1-2019; Ord.
16-20, 4-23-2020; Ord. 24-20, 6-1-2020; Ord. 8-21, 3-24-2021, eff. 7-1-2021)
13-2C-4: AREAS NOT SERVED BY PUBLIC SYSTEM:
The rates, service charges, rentals or fees as provided in this article shall become
effective at the time sewage from the contributors is first directed to the sanitary
sewer system. At the time sanitary sewers are constructed in areas not now served
by a sanitary sewer system, contributors shall be granted a reasonable time to
make connection to the sewer. The effective date of the sewage service charge and
the reasonable time to connect to the sanitary sewer system will be determined by
the City Manager. (2007 Code § 44-84)
13-2C-5: LIEN FOR FAILURE TO PAY:
A. Lien For Delinquent Rates And Charges: The city shall have a lien upon the
real property served by the sanitary system for all delinquent rates and
charges. Bills for sewage charges shall be delinquent when the same are
unpaid for a period of twenty five (25) days following the billing date, and if not
paid, a penalty of five percent (5%) shall be added to the sewage bill.
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13-4-5
13-4-5: SFU RATE, CHARGES; UTILITY REVENUES:
A. Square Feet Equivalency: For purposes of this chapter, an SFU shall be
equivalent to two thousand nine hundred seventeen (2,917) square feet of
impervious property.
B. Monthly Service Charge: Except as provided in this chapter, every contributor
owning or occupying a single-family residential property, multi -family residential
property, or a nonresidential property, other than exempt property, shall pay to
the city, at the same time payment is made for water service, sanitary sewer
or refuse, a stormwater management charge to be determined and billed as
provided in this chapter. In the event the owner and the occupant of a particular
property are not the same, the liability for payment of the stormwater
management charge attributable to that property shall be joint and several as
to the owner and occupant. The stormwater management charge shall be a
monthly service charge and shall be determined by this chapter and the SFU
rate which is established in this chapter and from time to time adjusted as
provided in this chapter.
C. Application And Computation: The stormwater management charges provided
in sections 13-4-6 through 13-4-8 of this chapter shall be applied and computed
for each contributor during the customary billing periods as to all bills mailed by
the city treasurer, and such charges shall thereafter be paid and collected as
provided in this chapter.
D. Rates Established: The SFU rate to be applied to residential and nonresidential
properties shall be $8.85 per SFU.
E. Authority To Adjust Rate: If at any time the director determines that the SFU
rate and/or the budget for the stormwater management utility system requires
adjustment, the director shall report such determination to the city manager and
city council. The city council may at any time adjust the SFU rate by adoption
of an ordinance amending this section, and may at any time adjust the budget
for the stormwater management utility system by adoption of an appropriate
resolution.
F. Policy On Expenditure Of Revenues: The city council hereby establishes a
formal policy regarding the expenditure of stormwater management utility
revenues as follows:
1. The city manager shall develop and implement a cost accounting system,
capable of accurately recording and segregating charges to the system by all
departments of the city, to include the cost of personnel, machinery, contract
equipment and construction, supplies, depreciation, and any and all
miscellaneous expenses and purchases.
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2. No revenues generated by the stormwater utility user fee shall be used for
any purpose other than stormwater expenses. (2007 Code § 44-274; amd. Ord.
16-14, 3-5-2014; Ord. 3-20, 1-21-2020; Ord. 21-20, 6-1-2020; Ord. 10-21,
3-24-2021)
13-4-6: SINGLE-FAMILY RESIDENTIAL PROPERTY:
A. Percentage Of SFU Rate: The stormwater management charge for a single-
family residential property shall be the following percentage of the SFU rate:
Impervious Area Of Property
(Square Feet)
SFU Rate
1,471 or less
50 percent
1,472 to 4,374
100 percent
4,375 or more
150 percent
B. Commencement Of Charge: As to a new single-family residence, the
stormwater management charge attributable to that residence shall commence
upon the earlier of the following:
The issuance of a permanent water meter.
2. If no water meter is issued for that development or if development has
halted, on the date that the director or the director's designee determines in
reasonable judgment that the development is substantially complete or has
been halted for at least three (3) months.
C. Charge Exception: The city manager shall establish a policy for evaluating
cases of extreme financial hardship for single-family residential customers and
the city's ability to make adjustments in the monthly charge for single-family
residential customers as determined by the terms and conditions of the policy
and the funds allocated, and available, through the budget process.
D. Appeal Determination Of Charge: Any owner or occupant of a residential
property aggrieved by the director's calculation of the stormwater management
charge as provided in this section may appeal such determination to the
director as provided in section 13-4-9 of this chapter. (2007 Code § 44-275;
amd. Ord. 21-20, 6-1-2020)
13-4-7: NONSINGLE-FAMILY RESIDENTIAL PROPERTY:
A. The stormwater management charge for a non-singlefamily residential property
shall be the following percentage of the SFU rate multiplied by the number of
dwelling units on the property:
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with such covenant and shall certify the rate to the city manager. The city
manager shall inform the city council of the revised SFU rate at the time that
the resolution to take additional action for the issuance of such bonds is
submitted to the council for its review and approval. Upon council approval of
such resolution, the city manager shall publish the revised SFU rate once in a
newspaper of general circulation, shall give notice thereof to contributors if and
as required by applicable state or federal law, and shall proceed to impose and
collect the rate commencing with the next available billing cycle. (2007 Code
§ 44-281)
13-4-11: BILLING, DELINQUENT ACCOUNTS AND COLLECTION
PROCEDURES:
A. Billing Procedure: The procedures for billing of the stormwater management
service charges provided in sections 13-4-6 through 13-4-8 of this chapter and
for the collection of delinquent stormwater management service charges are
as provided in section 13-1 C-4 of this title.
B. Billing Directly For Stormwater Management Services: Contributors who are not
billed by the city for water, sanitary sewer or refuse will be directly billed for
stormwater management services by the city. In such instances, the billing and
collection of stormwater management charges is subject to the same rules and
procedures as to delinquency in payment, certification of delinquency, and
property lien as provided in section 13-1 C-4 of this title. (Ord. 55-12,
9-17-2012)
13-4-12: ANNUAL REVIEW OF SFU RATE:
Under this chapter, the director shall review the SFU rate annually and revise the
rate as necessary to ensure that the system generates adequate revenues to pay
total annual revenue requirements. (2007 Code § 44-283)
13-4-13: EXPENSES OF COLLECTION OF CHARGES:
The incremental cost of collecting and accounting for all stormwater management
charges, including reasonable compensation to the city treasurer; the maintenance
of all books and records; the employment of necessary personnel; the cost of all
books, records, materials and supplies; the obtaining and maintaining of all office
and storage space; and all other costs and expenses reasonably necessary in
connection therewith or incidental thereto, shall be a part of the cost of operating the
stormwater utility and shall be incurred when the city treasurer, in the exercise of his
April 2021 Repl.
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13-4-13
or herjudgment, shall so determine. The incremental cost thereof shall be deducted f
by the director of finance and budget, upon his or her certification as to the amount
thereof, from the remittance to which it relates, subject to the condition that any
proposed change in any method of computing such incremental cost may be
effective prospectively only and only after such proposed change shall have been
submitted to and approved by the city council. (2007 Code § 44-286; amd. Ord.
3-20, 1-21-2020)
April 2021 Repl.
City of Dubuque
13-5-1
13-5-1
CHAPTER 5
ILLICIT CONNECTIONS AND DISCHARGES
TO STORM SEWER SYSTEM
SECTION:
13-5- 1:
Definitions
13-5- 2:
Applicability
13-5- 3:
Responsibility For Administration
13-5- 4:
Severability
13-5- 5:
Ultimate Responsibility
13-5- 6:
Discharge Prohibitions
13-5- 7:
Suspension Of MS4 Access
13-5- 8:
Industrial Or Construction Activity Discharges
13-5- 9:
Monitoring Of Discharges
13-5-10:
Prevent, Control And Reduce Pollutants By Use Of BMPs
13-5-11:
Watercourse Protection
13-5-12:
Notification Of Spills
13-5-13:
Enforcement
13-5-14:
Appeal Of Notice Of Violation
13-5-15:
Enforcement Measures After Appeal
13-5-16:
Cost Of Abatement Of Violation
13-5-17:
Injunctive Relief
13-5-18:
Violations Deemed Public Nuisance
13-5-19:
Remedies Not Exclusive
13-5-1: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
BEST MANAGEMENT Schedules of activities, prohibitions of practices,
PRACTICES (BMPs): general good housekeeping practices, pollution
prevention and educational practices, maintenance
procedures, and other management practices to
prevent or reduce the discharge of pollutants directly
or indirectly to stormwater, receiving waters, or
stormwater conveyance systems. BMPs also include
City of Dubuque
13-5-1
13-5-1
treatment practices, operating procedures, and
practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw
materials storage.
CITY MANAGER:
The city manager or the city manager's designee.
CLEAN WATER ACT:
The federal water pollution control act, 33 USC
section 1251 et seq., and any amendments thereto.
CONSTRUCTION
Activities subject to NPDES construction permits that
ACTIVITY:
result in disturbance of one acre or more. Such
activities include, but are not limited to, clearing and
grubbing, grading, excavating, filling, and demolition.
GEOTHERMAL PUMP
A system that uses a pump to extract water from an
AND DUMP SYSTEM:
underground aquifer, circulates the water through a
heating or cooling system, and discharges the water
as nonstormwater discharge.
HAZARDOUS
Any material, including any substance, waste, or
MATERIALS:
combination thereof, that because of its quantity,
concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute
to, a substantial present or potential hazard to
human health, safety, property, or the environment
when improperly treated, stored, transported,
disposed of, or otherwise managed.
ILLEGAL DISCHARGE:
Any direct or indirect nonstormwater discharge to the
municipal separate storm sewer system, orwaters of
the state except as exempted in subsection 13-5-613
of this chapter.
ILLICIT CONNECTION:
Either of the following:
A. Any drain or conveyance, whether on the
surface or subsurface, which allows an illegal
April 2021
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13-5-1
13-5-6
WASTEWATER: Any water or other liquid, other than uncontaminated
stormwater, discharged from a facility.
WATERS OF THE Both surface waters and ground waters within the
STATE: boundaries of the state of Iowa and subject to its
jurisdiction. (2007 Code § 44-290; amd. Ord. 52-20,
12-21-2020)
13-5-2: APPLICABILITY:
This chapter shall apply to all water entering the MS4 generated on any developed
and undeveloped lands unless explicitly exempted by the city manager. (2007 Code
§ 44-291)
13-5-3: RESPONSIBILITY FOR ADMINISTRATION:
The city manager shall administer, implement, and enforce the provisions of this
chapter. (2007 Code § 44-292)
13-5-4: SEVERABILITY:
The provisions of this chapter are hereby declared to be severable. If any provision,
clause, sentence, or paragraph of this chapter or the application thereof to any
person, establishment, or circumstances shall be held invalid, such invalidity shall
not affect the other provisions or application of this chapter. (2007 Code § 44-293)
13-5-5: ULTIMATE RESPONSIBILITY:
The standards set forth herein and promulgated pursuant to this chapter are
minimum standards; therefore, this chapter does not intend nor imply that
compliance by any person will ensure that there will be no contamination, pollution,
nor unauthorized discharge of pollutants. (2007 Code § 44-294)
13-5-6: DISCHARGE PROHIBITIONS:
A. Prohibition Of Illegal Discharges: No person shall discharge or cause to be
discharged into the MS4 or watercourses any of the following:
1. Materials, including, but not limited to, pollutants, waters containing
pollutants, nonstormwater discharge, or those that cause or contribute to a
violation of applicable water quality standards.
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13-5-6
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2. Geothermal pump and dump system discharges without the express
written consent of the city manager. The city manager may allow such
discharge if it does not present or will not present an imminent and substantial
danger to the operation of the MS4, public property, private property, the
environment, or to the health or welfare of persons, or waters of the state.
B. Exemptions: The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited except as described as
follows:
1. The following discharges are exempt from discharge prohibitions
established by this chapter: water line flushing or other potable water sources, -
landscape irrigation or lawn watering, diverted stream flows, rising ground 1,
water, ground water infiltration to storm drains, sump pump discharge,
foundation or footing drains (not including active ground water dewatering
systems), crawl space pumps, air conditioning condensation, springs,
noncommercial washing of vehicles, natural riparian habitat or wetland flows,
swimming pools (if dechlorinated - typically less than 1 PPM chlorine),
firefighting activities, and any other water source not containing pollutants.
2. Discharges specified in writing by the city manager as being necessary to
protect public health and safety.
3. Dye testing is an allowable discharge, but requires a verbal notification to
the city manager prior to the time of the test.
4. The prohibition shall not apply to any nonstormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to the
discharger and administered under the authority of the environmental
protection agency, provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any
discharge to the storm drain system.
C. Prohibition Of Illicit Connections: The construction, use, maintenance or
continued existence of illicit connections to the storm drain system is prohibited.
1. This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible under
law or practices applicable or prevailing at the time of connection.
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13-5-6
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ti 2. A person is considered to be in violation of this chapter if the person
connects a line conveying sewage to the MS4, or allows such a connection to
continue. (2007 Code § 44-295; amd. Ord. 52-20, 12-21-2020)
13-5-7: SUSPENSION OF MS4 ACCESS:
A. Suspension Due To Illicit Discharges In Emergency Situations: The city
manager may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the MS4 or waters of
the United States. If the violator fails to comply with a suspension order issued
in an emergency, the city manager may take such steps as deemed necessary
to prevent or minimize damage to the MS4 or waters of the state, or to
minimize danger to persons.
B. Suspension Due To Detection Of Illicit Discharge: Any person discharging to
the MS4 in violation of this chapter may have the person's MS4 access
terminated if such termination would abate or reduce an illicit discharge. The
city manager shall notify a violator of the proposed termination of its MS4
access. The violator may petition the city manager for a reconsideration and
hearing.
C. Reinstatement Without Approval: A person commits an offense if the person
reinstates MS4 access to premises terminated pursuant to this section, without
the prior approval of the city manager. (2007 Code § 44-296)
13-5-8: INDUSTRIAL. OR CONSTRUCTION ACTIVITY DISCHARGES:
Any person subject to an industrial or construction activity NPDES stormwater
discharge permit shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the city manager prior to
the allowing of discharges to the MS4. (2007 Code § 44-297)
13-5-9: MONITORING OF DISCHARGES:
A. Applicability: This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction activity.
April 2021
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13-5-9
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B. Access To Facilities: The city manager shall be permitted to enter and inspect
facilities subject to regulation under this chapter as often as may be necessary
to determine compliance with this chapter. If a discharger has security
measures in force that require proper identification and clearance before entry
into its premises, the discharger shall make the necessary arrangements to
allow access to representatives of the city manager.
1. Facility operators shall allow the city manager ready access to all parts of
the premises for the purposes of inspection, sampling, examination and
copying of records that must be kept under the conditions of an NPDES permit
to discharge stormwater, and the performance of any additional duties as
defined by state and federal law.
2. The city manager shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the city manager to conduct
monitoring and/or sampling of the facility's stormwater discharge.
3. The city manager shall have the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
4. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the
operator at the written or oral request of the city manager and shall not be
replaced. The costs of clearing such access shall be borne by the operator.
5. Unreasonable delays in allowing the city manager access to a permitted
facility is a violation of a stormwater discharge permit and of this chapter. A
person who is the operator of a facility with an NPDES permit to discharge
stormwater associated with industrial activity commits an offense if the person
denies the city manager reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this chapter.
6. If the city manager has been refused access to any part of
the premises from which stormwater is discharged, and he/she is
able to demonstrate probable cause to believe that there may be a
violation of this chapter, or that there is a need to inspect and/or sample as
City of Dubuque
13-6-1
13-6-1
CHAPTER 6
SOLID WASTE
SECTION:
13-6-1:
Definitions
13-6-2:
Deposits On Other Public Or Private Property
13-6-3:
Container Requirements; Collection Restrictions
13-6-4:
Wrapping And Draining Of Certain Solid Wastes
13-6-5:
Unlawful Accumulations
13-6-6:
Storage And Accumulation Restricted
13-6-7:
Hazardous And Prohibited Wastes Regulated
13-6-8:
Vehicles Hauling Solid Waste
13-6-9:
Use Of State Approved Dump Site Or Disposal Project
13-6-1: DEFINITIONS:
For the purpose of this chapter the following definitions shall apply:
BUILDING MATERIALS: Any material such as lumber, floor coverings, brick,
plaster, sheet metal or any other substances
accumulated as a result of repairs or additions to
existing buildings, construction of new buildings or
demolition of existing structures.
CLASS l PREMISES: Shall mean and include the following properties in
the City of Dubuque:
A. Single-family dwellings.
B. Multiple -family dwellings up to and including six
(6) dwelling units.
C. Dwelling units in business or commercial
premises.
Where two (2) or more laterally connected or joined
dwelling units, including condominiums, townhouses
and row houses, in which each dwelling unit has
separate access and utility service, each dwelling
unit shall constitute a single-family dwelling.
April 2021
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13-6-1 13-6-1
CLASS II PREMISES: Residential premises other than Class I residential
premises, located in the City of Dubuque, including:
A. Dwellings in trailer courts;
B. Schools, colleges, churches, convents, nursing
homes, rooming houses and other semiprivate
institutions; and
C. Multiple -family dwellings exceeding six (6)
dwelling units.
CLASS III PREMISES:
All business and commercial premises located in the
City of Dubuque, including that part of a residential
premises with a business or commercial use.
DWELLING:
Shall mean and include any building or portion
thereof containing one or more dwelling units.
DWELLING UNIT:
Shall mean and include one or more connected
rooms having complete kitchen facilities and
arranged, designed or used as living quarters for
one family only.
FOOD SCRAPS:
Solid, semisolid and liquid animal and vegetable
residuals resulting from the handling, preparing,
cooking, storing, serving and consuming of food.
GARBAGE:
All solid and semisolid, putrescible animal and
vegetable wastes resulting from the handling,
preparing, cooking, storing, serving and consuming
of food or of material intended for use as food, and
all offal, excluding useful industrial byproducts, and
shall include all such substances from all public and
private establishments and from all residences.
HAZARDOUS WASTES: Waste materials, including, but not limited to,
poisons, pesticides, herbicides, acids, caustics,
biohazardous wastes, flammable or explosive
materials and similar harmful wastes which require
special handling and which must be disposed of in
such a manner as to conserve the environment and
protect the public health and safety.
OTHER Napkins, plates, cups, bowls, towels, tissues, and
COMPOSTABLE takeout containers made from paper as well as other
MATERIALS: materials as approved by the city manager.
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OWNER:
In addition to the record titleholder, any person
residing in, renting, leasing, occupying, operating or
transacting business in any premises and as
between such parties, the duties, responsibilities,
liabilities and obligations hereafter imposed shall be
joint and several.
PREMISES:
A building or part of a building and its grounds
located in the City of Dubuque.
RECYCLABLE
Materials, including, but not limited to, food container
MATERIALS:
glass, aluminum, steel (tin) cans, no. 1 and no. 2
plastic bottles, uncontaminated newspapers and
glossy paper (magazines). Newspapers and glossy
paper shall be considered uncontaminated if they
have not been exposed to substances or conditions
rendering them unusable for recycling.
REFUSE:
Putrescible and nonputrescible wastes including, but
not limited to, garbage, rubbish, ashes, incinerator
ash, incinerator residues, street cleanings, market
and industrial solid wastes and sewage treatment
wastes in dry or semisolid form.
RUBBISH:
Nonputrescible solid waste consisting of combustible
and noncombustible wastes, such as furniture,
appliances, tires, building materials or similar
wastes.
SOLID WASTE:
Garbage, refuse, rubbish, and other similar
discarded solid or semisolid materials, including, but
not limited to, such materials resulting from
industrial, commercial, agricultural, and domestic
activities. Solid waste includes vehicles. Solid waste
does not include toxic and hazardous wastes as
defined by the Iowa department of natural resources.
YARD WASTE: Debris such as grass clippings, leaves, garden
wastes, brush and trees as defined by the Iowa
Department of Natural Resources. Yard waste does
not include tree stumps. (Ord. 20-06, 3-2-2006, eff.
4-3-2006; amd. Ord. 17-20, 4-23-2020; Ord. 9-21,
3-24-2021, eff. 7-1-2021)
April 2021
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13-6-2
13-6-2: DEPOSITS ON OTHER PUBLIC OR PRIVATE PROPERTY:
13-6-3
A. Prohibition: No person shall throw, rake, deposit, dump, drop, spill or store
(other than the placement of containers for collection as provided herein) any
solid waste or toxic and hazardous wastes upon the streets, sidewalks, rights
of way or any public or private property within the city.
B. Exception: This section shall not apply to junk dealers, auto salvage dealers,
pawnbrokers or secondhand dealers licensed under title 4, chapter 6 of this
code. (2007 Code § 40-17)
13-6-3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS:
A. Disposal In Containers; Preparation Of Waste For Disposal: Solid waste shall
be placed in bags secured with tags or otherwise sealed and placed in suitable
containers. However, it shall not be necessary to place books, boxes,
magazines or newspapers in containers, provided they are securely tied in
bundles or completely contained in disposable boxes not more than twenty by
thirty by forty-eight inches (20" x 30" x 48"). Tree limbs and carpet shall be
securely tied in bundles not more than forty-eight inches (48") long and
eighteen inches (18") in diameter.
B. Container Standards: A standard solid waste container shall be not more than
thirty-five (35) gallons nor be less than five (5) gallons in capacity except when f
only one container is used, in which case such container may be less than five
(5) gallons in capacity. All such containers shall be waterproof and fitted with
a tight lid and shall have handles, bails, or other suitable lifting devices.
Containers shall be of a type originally manufactured for refuse or garbage,
with tapered sides for easy emptying, and shall be of lightweight and sturdy
construction. The weight of any individual standard container and its contents
shall not exceed forty (40) pounds. Galvanized steel and similar metal
containers, rubber containers, and plastic containers which do not become
brittle in cold weather, may be used. Oil or grease drums, paint cans, and
similar salvaged containers shall not be used. Disposable bags manufactured
for garbage and solid waste disposal shall be acceptable unless they are left
unattended for such a period of time or in such a location as to become a
health hazard.
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C. Healthcare Waste:
1. Except for Class II premises, healthcare waste shall be placed in suitable
containers separately from all other solid waste. Sharp objects such as
hypodermic needles, syringes and lancets shall be securely contained in hard
plastic or metal disposable containers with screw on or tightly secured lids for
collection. Broken glass and similar materials shall be placed in disposable
boxes with a secure closure. Other healthcare waste such as soiled bandages,
disposable sheets and medical gloves shall be placed in thick disposable
plastic bags or shall be double bagged.
2. Class II premises shall comply with all occupational safety health
administration (OSHA) regulations concerning the disposal of potentially
infectious wastes.
D. Unacceptable Items For Collection: A basket, box or noncomplying solid waste
container shall be considered disposable solid waste and shall be removed by
the collection crews if it is the proper size and otherwise acceptable for
collection. It shall be left uncollected if it is larger than the allowable size or
otherwise unacceptable for collection.
E. Recycling Containers Provided: One curbside recycling container shall be
provided by the city to each dwelling unit in Class I premises for the collection
of recyclable materials.
F. Large And Bulky Rubbish: Large and bulky rubbish such as furniture and
appliances shall not be collected except when a special collection is established
by the city manager for the collection of such items. (2007 Code § 40-18; amd.
Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6-4: WRAPPING AND DRAINING OF CERTAIN SOLID WASTES:
All solid waste consisting of waste animal and vegetable matter which may attract
flies, dogs, cats, rodents and other animals shall be drained of all excess liquid,
wrapped in paper or disposable containers, and placed or stored, until collected, in
covered suitable containers as described in section 13-6-3 of this chapter. (2007
Code § 40-19)
13-6-5: UNLAWFUL ACCUMULATIONS:
A. Health Or Sanitation Hazard: It shall be unlawful for any person to permit to
accumulate on any premises, improved or vacant, or on any public place in the
city, such quantities of solid waste, either in containers or not, that shall
constitute a health or sanitation hazard.
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B. Storage Within Or Close To Buildings: It shall be unlawful for any person to
accumulate quantities of refuse, papers, garbage, ashes or other solid waste
within or close to any building in the city, unless the same is stored in
containers in such a manner as not to create a health or fire hazard. (2007
Code § 40-20)
13-6-6: STORAGE AND ACCUMULATION RESTRICTED:
A. Storage In Metal Containers: Within the corporate limits of the city, all garbage
or refuse consisting of waste animal or vegetable matter upon which rats may
feed, and all small dead animals, shall be placed and stored until collected in
covered metal containers of a type prescribed by the health officer.
B. Dumping On Premises Or Waterways Prohibited: It is unlawful for any person
to dump or place on any premises, land or waterway, any dead animals, or any
waste vegetable or animal matter of any kind.
C. Providing Harborage For Rats: It shall be unlawful for any person to place,
leave, dump, or permit to accumulate any garbage, rubbish or trash in any
building or on any premises, improved or vacant, or on any open lot or alley in
the city so that the same shall or may afford food or harborage for rats.
D. Lumber And Boxes Placed On Elevated Racks: It shall be unlawful for any
person to permit to accumulate on any premises, improved or vacant, or on any
open lot or alley in the city any lumber, boxes, barrels, bottles, cans, containers
or similar material that may be permitted to remain thereon unless same shall
be placed on open racks that are elevated not less than eighteen inches (18")
above the ground, and evenly piled or stacked. (2007 Code § 31-74; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6-7: HAZARDOUS AND PROHIBITED WASTES REGULATED:
A. Deposits Prohibited Except For Special Collection: No person shall deposit in
a solid waste container or otherwise offer for city collection any hazardous
wastes or prohibited wastes, except when a special collection is established by
the city manager under subsection 13-6-31F of this chapter.
B. Transportation By Owner: Hazardous wastes and prohibited wastes shall be
transported by the owner to a sanitary disposal project licensed by the Iowa
Department of Natural Resources to accept such wastes.
C. Prohibited Wastes Described: "Prohibited wastes" includes, but is not limited
to, waste oils, lead acid batteries and tires. (2007 Code § 40-21; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
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13-6-8: VEHICLES HAULING SOLID WASTE:
A. Dropping, Sifting Or Leaking Of Load: No person shall haul any solid waste
upon the streets, alleys or public places of the city unless the vehicle used for
such purpose is so constructed or loaded or the load securely covered as to
prevent any of its load from dropping, sifting, leaking, or otherwise escaping or
its load covering from dropping from the vehicle, except that materials may be
dropped for the purpose of securing traction, or water or other substance may
be applied on a roadway in cleaning or maintaining such roadway.
B. Sanitary Condition: All vehicles, containers and dumpsters used for the
collection and removal of solid waste shall be kept in a clean, inoffensive, and
sanitary condition. All solid waste shall be handled in such a way as to prevent
the scattering, spilling or leakage of same. (2007 Code § 40-22)
13-6-9: USE OF STATE APPROVED DUMP SITE OR DISPOSAL PROJECT:
A. State Licensed Project: No person shall haul or cause to be hauled any solid
waste to any sanitary disposal project, dump site or any other area unless such
disposal project, dump site or other area is licensed by and in full compliance
with all regulations in the state in which it is located.
B. Filling Or Excavating; Permit Required: No person shall use dirt, stone, brick,
concrete or similar inorganic material for fill, landscaping, excavation or grading
without first obtaining a building permit, if required by other provisions of this
code, and only in conformance with all provisions of the zoning and subdivision
ordinances of this code. (2007 Code § 40-23)
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CHAPTER
SOLID WASTE
ARTICLE A. CITY OR PRIVATE COLLECTION SERVICE
SECTION:
13-6A-1:
City Manager's Authority Generally
13-6A-2:
Availability Of Collection Service
13-6A-3:
Frequency, Time And Areas Of Collection
13-6A-4:
Placement Of Containers For Collection
13-6A-5:
Ownership Of Materials; Unauthorized Collecting Prohibited
13-6A-6:
Rates And Charges Established; Exceptions
13-6A-7:
Charges; Billing And Collection
13-6A-8:
Yard Waste And Food Scraps
13-6A-9:
Private Collection Service
13-6A-1: CITY MANAGER'S AUTHORITY GENERALLY:
The City Manager is hereby authorized and directed to employ City owned vehicles
and equipment and the necessary operating personnel to collect solid waste, yard
waste and recyclable materials and to collect fees and administer the program as
provided for in this article in the City, upon the terms and conditions of this article.
(2007 Code § 40-31)
13-6A-2: AVAILABILITY OF COLLECTION SERVICE:
A. Collection service is provided within the City of Dubuque to residents and
businesses located within city limits as outlined below. The City Manager may
consider requests for service outside of city limits, in the City Manager's sole
discretion.
B. Class I Premises: City solid waste collection from residential premises as
defined in section 13-6-1 of this chapter shall be mandatory.
C. Class II Premises: Class II premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The
collection rate shall be determined according to the fee schedule set forth in
section 13-6A-6 of this article.
D. Class III Premises: Class III premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The
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collection rate shall be determined according to the fee schedule set forth in
1
section 13-6A-6 of this article.
E. Recycling Services: Class II premises not serviced by City solid waste
collection service and Class III premises may apply to the City Manager for
such recycling services. The collection rate shall be determined according to
the fee schedule set forth in section 13-6A-6 of this article.
F. Refusal Of Service: The City Manager may refuse solid waste collection service
or recycling services because of quantities or characteristics beyond the
capacity or capability to be handled efficiently or safely by City personnel and
equipment. (Ord. 14-19, 3-7-2019, eff. 7-1-2019; amd. Ord. 17-20, 4-23-2020;
Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-3: FREQUENCY, TIME AND AREAS OF COLLECTION:
A. Frequency And Time Of Collection: Collections shall be made not more than
once weekly at such time and in such areas of the City as shall be determined
and set out in schedules prepared by the City Manager in accordance with the
provisions of this article. All collections shall be made between the hours of six
o'clock (6:00) A.M. and nine o'clock (9:00) P.M.
B. Collection Schedule: The collection schedule shall not include official City
holidays unless otherwise determined by the City Manager. However, a 4
Saturday may be substituted as the collection day to replace the collection
which would otherwise be made on the day of the week the holiday occurs.
C. Authority To Change Schedule: The City Manager is hereby authorized and
empowered to change or amend the collection schedules from time to time as
the City Manager may deem necessary. (2007 Code § 40-33; amd. Ord. 17-20,
4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-4: PLACEMENT OF CONTAINERS FOR COLLECTION:
A. Alleys: Where collections are made from alleys, solid waste containers shall be
placed in one location for each dwelling, in clear view and at the owner's
property line abutting the alley and on the days designated in said schedule.
B. Streets: Where collections are made from the street, solid waste containers
shall be placed in one location for each dwelling, in clear view and in the street
right-of-way on the owner's property side of the curb and on the days
designated in said schedule. Such containers shall be placed so as not to
interfere with vehicular and pedestrian traffic and when emptied shall be
promptly removed by the owner.
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C. Time Limit For Placement Of Containers On Streets: No person shall place
solid waste or recycling at the street for collection more than twenty-four (24)
hours before the scheduled collection day. No person shall leave solid waste
containers or recycling containers at the street for more than twenty-four (24)
hours after the scheduled collection day.
D. Early Placement: All solid waste shall be placed at the designated collection
location for City collection by six o'clock (6:00) A.M. on the scheduled collection
day.
E. Duty When Solid Waste Not Collected: Any solid waste not in compliance with
this chapter shall not be collected by the City and shall be removed by the
owner within twenty-four (24) hours after the scheduled collection day and
stored in such a manner as not to create a health, safety or fire hazard. (Ord.
27-17, 6-5-2017; amd. Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff.
7-1-2021)
13-6A-5: OWNERSHIP OF MATERIALS; UNAUTHORIZED COLLECTING
PROHIBITED:
From the time of placement for collection as provided in section 13-6A-4 of this
article, all solid waste and recyclable materials and recycling containers which meet
- the requirements of this chapter placed for collection by the City shall become and
be the property of the City and it shall be a violation of this section for any person
other than authorized personnel of the City to collect, pick up, or cause to be
collected or picked up, any such materials. (2007 Code § 40-35)
13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. Class I Premises:
1, Base Fee And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per dwelling unit per month
shall be paid to the City by the property owner of each Class I premises for
such solid waste collection services. Said fee shall be in payment for collection
and disposal of one (1) thirty five (35) gallon can or one (1) thirty five (35)
gallon trash bag of "solid waste" as defined -in this chapter. There is no limit on
the number of bins allowed to be collected containing acceptable "recyclable
materials" as defined in this chapter.
2. Solid Waste Cart Subscriptions:
Mandatory Subscription Alleys:
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(1) Carts Required: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class I premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
(2) Mandatory Ailey Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty-four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class I
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to
alley carts and multifamily dwellings opting to subscribe to solid waste cart(s)
must provide a minimum of thirty (30) gallons of capacity for each dwelling unit.
The City may, in its sole discretion, require additional capacity per unit if thirty
(30) gallons for each dwelling unit is insufficient. The City shall notify the
applicable account holder in writing of the additional capacity requirement.
3. Class I Premises Exceptions:
a. When a Class I premises has been vacant for a period not less than
two (2) consecutive months, the owner may apply to the City Manager for a
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credit under procedures to be established by the City Manager. Such credit
shall continue only so long as the Class I premises is vacant.
b. In cases of extreme financial hardship, the City Manager may, and is
hereby authorized and empowered to, make adjustments in the monthly
collection charges as the City Manager may deem appropriate. In such cases,
the City Manager shall have the authority to require such proof of financial
status or extreme hardship, as the City Manager may deem necessary.
c. When resident(s) of a Class I premises has an annual income equal
to or less than the income standards used by HUD for its "Section 8 Housing
Program" for the size of that household may, upon application to the City
Manager or designee, be exempted from one-half (1/2) the established
collection charge. After the initial application, annual application shall be made
by the account holder of the City of Dubuque utility bill for the premises to verify
annual income and eligibility.
B. Class II Premises:
1. Base Fees And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per month shall be paid to the
City by the property owner of each Class II premises for such solid waste
collection services. Said fee shall be in payment for collection and disposal of
one (1) thirty five (35) gallon can or one (1) thirty five (35) gallon trash bag of
"solid waste" as defined. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as defined.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
(1) Carts Required: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class II premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty- four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
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Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class II
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to
alley carts and multifamily dwellings opting to subscribe to solid waste cart(s)
must provide a minimum of thirty (30) gallons of capacity for each dwelling unit.
3. Termination: The owner of a Class II premises served by the City solid
waste collection may provide the City Manager with not less than fourteen (14)
days' written notice of intent to terminate the service. Such termination of
service shall be effective at the beginning of the next billing period after such
fourteen (14) day notice period.
4. Recycling Only: Upon approval of an application for City recycling
collection a fee of six dollars ($6.00) per month per unit shall be paid to the City
by the property owner of each Class II premises not serviced by City solid
waste collection services for recycling collection.
C. Class III Premises:
1. Base Fees And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per dwelling per month shall be
paid to the City by the property owner of each Class III premises for such
services. Said fee shall be in payment for collection and disposal of one (1)
thirty five (35) gallon can or one (1) thirty five (35) gallon trash bag of "solid
waste" as defined. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as defined.
2. Solid Waste Cart Subscriptions:
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a. Mandatory Subscription Alleys:
(1) Required Carts: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class III premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
{' (2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty-four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class III
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine and dollars ($29.00) per month.
3. Termination: The owner of a Class III premises served by City solid waste
collection may provide the City Manager with not less than fourteen (14) days'
written notice of intent to terminate the service. Such termination of service
shall be effective at the beginning of the next billing period after such fourteen
(14) day notice period.
4. Recycling Only: Upon approval of an application for City recycling
collection a fee of six dollars ($6.00) per month per unit shall be paid to the City
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by the property owner of each Class III premises not serviced by City solid
waste collection services for recycling collection.
D. Unit Based Pricing: Collection options and charges under unit -based pricing for
Class I, II and III premises are as follows:
1. A yearly subscription for weekly collection of an additional standard solid
waste container, or containers, may be subscribed for an additional eight
dollars ($8.00) each per month.
2. Oversized, nonstandard rigid solid waste containers of up to fifty (50)
gallons in capacity may be subscribed as the one container covered under the -
base monthly solid waste fee for an additional five dollars ($5.00) per month.
Such containers shall be holders,for standard trash bags for manual removal
by City crews, shall not contain any loose material, and shall not be lifted and
dumped by crews. Individual trash bags held in the oversized container shall
weigh no more than forty (40) pounds.
3. A yearly subscription for weekly collection of an additional oversized solid
waste container, or containers, may be subscribed for an additional twelve
dollars ($12.00) each per month.
4. Official City of Dubuque single -use stickers costing one dollar and fifty
cents ($1.50) shall be applied to each additional standard solid waste container
or small bulky or bundled item in excess of the one standard solid waste
container collected under the base monthly solid waste fee or any additional
subscribed container(s).
5. Multiple -family dwellings of three (3), four (4), five (5), and six (6) dwelling
units as well as Class 11 or Class III premises sharing a common set out
location with other City solid waste customers shall only use approved rigid
solid waste containers with permanent identification as to the specific premises.
However, for the two (2) weeks following Christmas, excess solid waste may
be set out in trash bags with applied City of Dubuque single use stickers. The
capacity must be a minimum of thirty (30) gallons per dwelling unit.
E. Special Collection: The charge for a special collection service for large and
bulky rubbish to each dwelling unit receiving such service when requested by
the owner shall be as follows:
1. A fee of ten dollars ($10.00) shall be paid by the owner for each time the
service is provided for up to the equivalent of three (3) cubic yards of solid
waste.
2. An additional fee of twelve dollars and fifty cents ($12.50) shall be paid for
each additional three (3) cubic yards of solid waste.
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3. An additional fee for tires, equal to the disposal fees charged at the
Dubuque Metro Landfill, shall be paid to the City by the owner for each tire.
4. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each appliance collected in the service.
5. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for service
on a day not receiving weekly collection at the service address.
6. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for
immediate service or whenever crews are sent back to the service address to
collect items that were not properly set out on time as previously scheduled.
7. An additional fee of twenty dollars ($20.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for collection
of electronics including one device with an electronic screen (laptops, monitors,
TVs, etc.). An additional fifteen -dollar ($15.00) fee will apply for each additional
device with an electronic screen set out per collection. (Ord. 14-19, 3-7-2019,
eff. 7-1-2019; amd. Ord. 17-20, 4-23-2020; Ord. 22-20, 6-1-2020; Ord. 9-21,
3-24-2021, eff. 7-1-2021)
13-6A-7: CHARGES; BILLING AND COLLECTION:
A. City Billing: The City Manager is authorized to bill tenants upon the written
request of the property owner and according to a procedure to be established
by the City Manager. The property owner in such cases shall provide any
information on each tenant's mailing address to aid in the collection of fees for
City services. In all cases, the property owner shall remain liable for the
payment of all charges required by this chapter.
B. Monthly Billing: All accounts shall be billed monthly. The payment of bills is
subject to the terms of section 13-1 C-4 of this title.
C. Unpaid Billing For Class I Premises: The collection of solid waste provided
Class I premises and the maintenance of the availability of such service,
whether or not such service is used regularly or not at all by the owner of such
Class I premises, is hereby declared a benefit to said premises at least equal
to the monthly charges specified, and in case of failure to pay the monthly
charge when billed as heretofore provided, then the monthly charge shall
become a lien against the property benefited or served and shall be collected
in the same manner as general Property Taxes.
D. Certify Delinquent Accounts To County Treasurer: It is the duty of the City
Treasurer to certify the actual rates and fees plus the costs of administration
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to the County Treasurer as provided in section 13-1 C-4 of this title and all such
costs will constitute a lien against said property and be collected with and in the
same manner as general Property Taxes on said property. (Ord. 29-08,
5-5-2008; amd. Ord. 56-12, 9-17-2012; Ord. 3-20, 1-21-2020)
13-6A-8: YARD WASTE AND FOOD SCRAPS:
A. Separation Of Yard Waste: Yard waste shall be separated by the owner of a
premises from all other solid waste.
B. Composting: An owner may compost such person's own yard waste and food
scraps on such person's own premises, provided the same is stored in such a
manner as to not create a fire, health or safety hazard.
C. Collection Schedule For Yard Waste: Yard waste that has not been composted
shall be collected by the City not more than once each week according to the
collection schedule established by the City Manager.
D. Preparation Of Waste: Containerized yard waste collected by the City shall be
placed in degradable paper bags with an affixed single use sticker or in rigid
waste containers with an affixed single use tag or in permanent waste
containers with an affixed annual yard waste decal or in a subscribed sixty-five
(65) gallon City owned yard waste cart or be contained by tying devices
approved by the City Manager. The charges for collection and disposal of "yard t
waste" as defined shall be as follows:
1. The fee for tying devices approved by the City Manager shall be one dollar
thirty cents ($1.30) each.
2. The fee paid to the City by a customer of record with the City for an annual
yard waste decal for a rigid waste container shall be thirty-five dollars ($35.00)
each through June 30 of each year. The fee shall be reduced by one-half (1 /2)
on July 1 of each year and again by one-half (1/2) on September 1 of each
year. A decal shall only be used by the customer of record with the City who
purchased it.
3. The fee for single use stickers shall be one dollar and thirty cents ($1.30)
each.
4. The fee paid to the City for subscription to a sixty-five (65) gallon City
owned yard waste cart shall be eleven dollars ($11.00) per month.
5. The minimum fee paid to the City for collection of a scheduled leaf rake out
is twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile of
leaves in the parking lane at the curb.
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E. Food Scrap Collection Program Subscribers: Subscribers to the food scrap
collection program shall set out City owned carts containing food scraps and
other compostable materials.
SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES
Customer Class
Cart Size
Monthly Rates
City refuse customers and K - 12 schools
13 gallon
$1.00
48 gallon
$8.00
64 gallon
$11.00
Commercial customers without City refuse collection
13 gallon
$4.00
48 gallon
$15.00
64 ga►Ion
$20.00
1. Such carts shall be co -collected with yard waste. The customer shall
choose the number and size of the cart(s).
2. Such carts shall be set out weekly to reduce potential nuisance concerns.
Failure to use, store or set out the cart properly shall cause the subscription to
be terminated.
F. Deposits In Public Rights -Of -Way Prohibited: No person shall deposit any yard
waste or food scraps in any public right-of-way. (Ord. 4-16, 3-14-2016, eff.
7-1-2016; amd. Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-9: PRIVATE COLLECTION SERVICE:
A. License Required: No person shall engage in the business of removing or
hauling solid waste from the premises of another person without a license to
do so from the City Manager. The issuance of such license shall be in the
manner prescribed and subject to the terms of title 4, chapter 1 of this Code.
(2007 Code § 40-46)
B. Application For License; Fee: Application for such license shall specify the type
of equipment and vehicles to be used, the routes to be traveled, the places to
be served and the name and residence of the applicant. Such person shall pay,
at the Office of the City Treasurer, an annual license fee of twenty-five dollars
($25.00) per year for each vehicle engaged in such business. (2007 Code
§ 40-47)
April 2021
City of Dubuque
13-6A-9
13-6A-9
C. Display Of License Number On Vehicle: No person shall operate a vehicle
licensed under this section unless the license number is prominently displayed
on the lower portion of the driver's side of the windshield in clear view. Such
license number shall be affixed to the vehicle not less than five (5) days after
the day of issue. (2007 Code § 40-48)
D. Separability Of Provisions: It is the intention of the City Council that each
subsection, paragraph, sentence, clause and provision of this section is
separable, and if any provision is held unconstitutional or invalid for any reason,
such decision shall not affect the remainder of this section nor any part thereof
other than that affected by such decision. (2007 Code § 40-50; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
April 2021
City of Dubuque
15-2-1
15-2-3
CHAPTER
LONG RANGE PLANNING ADVISORY COMMISSION
SECTION:
15-2-
1:
Commission Created
15-2-
2:
Purpose
15-2-
3:
Internal Organization And Rules
15-2-
4:
Procedures For Operation
15-2-
5:
Membership
15-2-
6:
Oath
15-2-
7:
Terms
15-2-
8:
Vacancies
15-2-
9:
Officers/Organization
15-2-10:
Meetings
15-2-11:
Compensation
15-2-12:
Removal
15-2-13:
Powers
15-2-1: COMMISSION CREATED:
There is hereby created the long range planning advisory commission. (Ord. 62-15,
9-21-2015)
15-2-2: PURPOSE:
The purpose of the commission is to foster the community planning process,
develop policies, goals, plans, and management tools based on a consensus of
community values, and help guide the community's future development, public
policies, and decision making. (Ord. 62-15, 9-21-2015)
15-2-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 62-15, 9-21-2015)
December 2015
City of Dubuque
15-2-8
15-2-4
15-2-4: PROCEDURES FOR OPERATION:
7
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 62-15, 9-21-2015)
15-2-5: MEMBERSHIP:
A. Composition: The commission comprises seven (7) residents of the city,
appointed by the city council.
B. Age: Residents must be eighteen (18) years of age or older.
C
C. Qualifications:
1. All members must be qualified by their knowledge, experience, and ability
to contribute to the city's long range planning and development efforts.
2. Cross -Representation: One (1) member must be appointed by and from
the membership of the Housing Commission, with concurrence of the city
council. (Ord. 62-15, 9-21-2015; amd. Ord. 4-21, 2-15-2021)
15-2-6: OATH:
Each person; upon appointment or reappointment to the commission, must execute
an oath of office at the first meeting of the commission following the appointment
or reappointment or at the city clerk's office any time prior to the first meeting of the
commission. (Ord. 62-15, 9-21-2015)
15-2-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The term of the cross -representative
appointee to the Long Range Planning Advisory Commission must coincide with
their term on the Housing Commission. (Ord. 62-15, 9-21-2015; amd. Ord, 4-21,
2-15-2021)
15-2-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 62-15,
9-21-2015)
April 2021
City of Dubuque
15-2-9 15-2-12
15-2-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers forthe remainder of the officer's unexpired term. (Ord. 62-15, 9-21-2015)
15-2-10: MEETINGS:
A. Meetings: Meetings may be called by the Chairperson or at the written request
of a majority of the Commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance:
1. In the event a Commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
Chairperson, such absence will be grounds for the commission to recommend
to the City Council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes: A copy of the minutes of all meetings of the commission must be filed
with the City Council within ten (10) working days after each meeting, or by the
next regularly scheduled City Council meeting, whichever is later.
E. Quorum: Four (4) Commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the Commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 46-16,
9-19-2016)
15-2-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the City administrative policies
and budget. (Ord. 62-15, 9-21-2015)
15-2-12: REMOVAL:
Except as provided in subsection 15-2-10C1 of this chapter, the City Council may
remove any Commissioner for good cause. (Ord. 62-15, 9-21-2015)
April 2021
City of Dubuque
15-2-13
15-2-13
i,.
15-2-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To provide a leadership role in the planning, coordinating, and sponsoring of
a periodic community planning process;
B. To coordinate and supervise the preparation and maintenance of the
Comprehensive Plan;
C. To provide input to the City Manager in the preparation of the City Manager's
recommended multiyear Capital Improvement Program;
D. To make comprehensive studies of the present condition and the future growth
of the City to provide input into the community planning process and to guide
and accomplish a coordinated, consistent, and harmonious development in
accordance with the present and future needs thereof to the end that the
health, safety, morals, order, convenience, prosperity, and general welfare may
be promoted;
E. To make or cause to be made such surveys, studies, maps, plans, or charts of
the City with due regard to its relation to neighboring territory as may be
determined as necessary to carry out the purposes of the commission;
F. To recommend amendments to all or parts of the Comprehensive Plan in
response to the community planning process, upon its own initiative or upon
recommendation presented by the Zoning Advisory Commission, but only after
a public hearing;
G. To review proposed urban renewal plans and urban revitalization plans for
consistency with the Comprehensive Plan;
H. To undertake public information efforts to enhance public understanding of the
community planning process generally and the Comprehensive Plan
specifically; and
I. To undertake from time to time other specific long range planning projects
which may be referred to the commission by the City Council. (Ord. 41-17,
9-5-2017)
April 2021
City of Dubuque
DUBUQUE, IOWA
Instruction Sheet
2021 S-3 Supplement - April 2021
REMOVE OLD PAGES
INSERT NEW PAGES
VOLUME I
Cover Page
Cover Page
Preface
Preface
2-513-1 through 2-513-13D (4 pages)
2-513-1 through 2-513-131) (4 pages)
VOLUME II:
Cover Page
Cover Page
13-IC-1 through 13-1C-4C (4 pages)
13-1C-1 through 13=1C-4C (4 pages)
13-2C-1 through 13-2C-5A (4 pages)
13-2C-1 through 13-2C-5A (4 pages)
13-4-5 through 13-4-7A (2 pages)
1374-5through 13-4-7A (2 pages);
13-4-10 (with such covenant...) through
13-7-10 (with such covenant...)
13-4-13 (2 pages)
through 13-4-13 (2 pages)
13-5-1 through 13-5-1 (ILLICIT
13-5-1 through 13-5-1 (ILLICIT '
CONNECTION) (2 pages)
CONNECTION) (2 pages)
13-5-1 (WASTEWATER) through
13-5-1 (WASTEWATER); through
13-5-9136 (4 pages)
13-5-9136 (4 pages)
13-6-1 through 13-6-9 (7 pages)
13-6-1 through 13-6-9 (7 pages)
13=6A-1 through 13-6A-9 (11 pages)
13-6A-1 through 13'-6A-9 (12 pages) _
15-2-1 through 15-2713 (4 pages)
15-2-1 through 15-2-13 (4 pages)
BNB
4121
1
CITY CODE
or`
Code current through:
Ord. 10-21, passed 3-24-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street � Suite 310 O Cincinnati, Ohio 45202
1-800-445-5588 4 www.amlegal.com
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 10-21, passed March 24, 2021.
Ordinances of the City adopted after said ordinance
supersede the provisions of this code to the extent
that they are in conflict or inconsistent therewith.
Consult the City office in order to ascertain whether
any particular provision of the code has been
amended, superseded or repealed.
Sterling Codifiers
Cincinnati, Ohio
April 2021
City of Dubuque
2-513-1 2-513-3
CHAPTER 5
HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS
ARTICLE B. HOUSING COMMISSION
SECTION:
2-5B- 1:
Commission Created
2-5B- 2:
Purpose
2-513- 3:
Internal Organization And Rules
2-5B- 4:
Procedures For Operation
2-513- 5:
Membership
2-5B- 6:
Oath
2-5B- 7:
Terms
2-5B- 8:
Vacancies
2-5B- 9:
Officers/Organization
2-5B-10:
Meetings
2-5B-11:
Compensation
2-5B-12:
Removal
2-513-13:
Powers
2-513-14:
Project Approval
2-58-15:
Monitor Housing Program; Conduct Hearings On Grievances
2-513-1:
COMMISSION CREATED:
There is hereby created the housing commission. (Ord. 67-15, 10-19-2015)
2-513-2: PURPOSE:
The purpose of the commission is to undertake and carry out studies and analysis
of housing needs and the meeting of such needs; to recommend proposed projects
in the area of low and moderate income housing for the citizens of the city; to
monitor the city's housing programs; and to conduct grievances regarding the rental
assistance program, except in the area of property maintenance code enforcement.
(Ord. 31-16, 6-20-2016, eff. 7-1-2016)
2-513-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
November 2016
City of Dubuque
2-5B-3
r : .
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 67-15, 10-19-2015)
2-513-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 67-15, 10-19-2015)
2-513-5: MEMBERSHIP:
A. Number: The commission comprises ten (10) residents of the city.
B. Age: Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. At least three (3) members must be selected specifically on the basis of
experience in real estate development, banking, finance, accounting, funds
management, or other related areas of expertise.
2. One (1) member must be a person who is a recipient of tenant based
rental assistance under section 8 of the United States Housing Act of 1937,
whose name appears on a lease of section 8 property. If such member ceases
to be a recipient of rental assistance under section 8, the term of such member
is deemed terminated and a new member who meets the requirements of this
subsection must be appointed for the remainder of the term.
3. The remaining members are at -large members.
4. Cross -Representation:
a. One (1) member must be appointed by the commission, with city
council approval, to serve on the community development advisory
commission.
b. One (1) member must be appointed by the commission, with city
council concurrence, to serve on the long range planning advisory commission.
(Ord. 74-15, 12-7-2015; amd. Ord. 5-21, 2-15-2021)
2-513-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute
an oath of office at the first meeting of the commission following the appointment
April 2021
City of Dubuque
2-513-6 2-513-10
or reappointment or at the city clerk's office any time prior to the first meeting of the
commission. (Ord. 67-15, 10-19-2015)
2-513-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The terms of the cross representative
appointees to the community development advisory commission and the long range
planning advisory commission must coincide with their terms on the housing
commission. (Ord. 67-15, 10-19-2015; amd. Ord. 5-21, 2-15-2021)
2-58-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 67-15,
10-19-2015)
2-5 B-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term. (Ord. 67-15,
10-19-2015)
2-58-10: MEETINGS:
A. Regular Meetings: The commission must meet monthly.
B. Special Meetings: Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
April 2021
City of Dubuque
2-5B-10
2-5B-13
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
each meeting, or by the next regularly scheduled city council meeting,
whichever is later.
F. Quorum: Six (6) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 67-15,
10-19-2015)
2-5B-11: COMPENSATION: j
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 67-15, 10-19-2015)
2-513-12: REMOVAL:
Except as provided in subsection 2-5B-10D1 of this chapter, the city council may
remove any commissioner for good cause. (Ord. 67-15, 10-19-2015)
f
2-513-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To contribute as appropriate in the planning, coordinating, and review of
housing development;
B. To conduct public hearings to ensure meaningful citizen input in the planning,
implementation, and assessment of the city's housing programs;
C. To provide for and encourage the participation of low and moderate income
persons in the planning, implementation, and assessment of housing
i
programs; k
D. To provide input into the community planning process and to assist in
accomplishing a coordinated and consistent housing development program of
the city in accordance with present and future housing needs;
December 2015
City of Dubuque
of
ammITA12
Code current through:
Ord. 10-21, passed 3-24-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street O Suite 310 � Cincinnati, Ohio 45202
1-800-445-5588 4 www.amlegal.com
13-1 C-1 13-1 C-1
CHAPTER1
WATER USE AND SERVICE
ARTICLE C. RATES
SECTION
13-1 C-1:
Residential, Commercial, Industrial And All Other Uses
13-1 C-2:
Fire Sprinkler Service
13-1 C-3:
Construction Use
13-1 C-4:
Payment Of Bills
13-1 C-1: RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL
OTHER USES:
A. Rates Established: The rates to be charged for water for residential,
commercial, industrial and all other uses and purposes by any person, firm or
corporation within the City shall be based on units of one hundred (100) cubic
feet (748 gallons) or per gallon as follows:
Monthly Consumption
(In Hundreds Of Cubic Feet)
Charge Per
Hundred Cubic Feet
First 30
$3.97
Next 120
3.23
Next 350
3.00
Next 500
2.65
Over 1,000
2.35
Monthly Consumption
(In Gallons)
Charge Per Gallon
First 22,440
$0.00527
Next 89,760
0.00432
Next 261,800
0.00403
Next 374,000
0.00355
Over 748,000
0.00311
Rates shall be subject to the following minimum monthly charge according to
the size of the meter:
April 2021
City of Dubuque
13-1 C-1
13-1 C-1
Meter Size
(Inches)
Monthly
Consumption
(In Hundreds Of
Cubic Feet)
Monthly
Consumption
(In Gallons)
Minimum
Charge
5/8
2
1,496
$ 7.88
3/ 4
5
3,740
19.71
1
8
5,984
31.54
11/2
26
19,448
102.49
2
46
34,408
169.96
3
106
79,288
363.84
4
168
125,664
560.28
6
368
275,264
1,163.17
8
625
7,500
1,893.00
A property owner shall pay a fifty dollar ($50.00) disconnect fee for water
service that is disconnected by the City for a meter not in service. When a
tenant account is subject to disconnection due to delinquency, the tenant shall
pay the fifty dollar ($50.00) disconnect fee.
A fifty dollar ($50.00) service call fee shall be charged to property owners or
tenant account for those service calls that are determined to be related to
customer negligence.
A seven dollars and twenty one cents ($7.21) minimum monthly charge shall
be assessed for meters not in service.
B. Rates Outside City Limits: The rates to be charged for water supplied by the
City to residential, commercial, industrial and other uses and purposes by any
person outside the corporation limits of the City, shall be at one hundred fifty
percent (150%) of the rates set forth in subsection A of this section.
C. Estimated Billings: For all meters in service, bills will be issued monthly. When
a meter is not read monthly for any reason, bills will be issued on estimated
consumption. For estimated billings, either on alternate months or when
readings are not obtainable for any reason, consumption will be predicated on
the monthly average of past usage for the meter. For estimated bills issued for
an account in which historical data is not available, billing will be predicated on
the minimum charge and related consumption identified for the size of the
meter in service for the particular account.
April 2021
City of Dubuque
13-1 C-1
13-1 C-2
D. Adjustments From Estimated Readings: Adjustments from estimated readings
will be made when an actual meter reading is obtained. The adjustment will be
reflected on the user's next regular bill.
E. Residential Rate Exception: The city manager shall establish a policy for
evaluating cases of extreme financial hardship and the city's ability to make
adjustments in the monthly residential rate as determined by the terms and
conditions of the policy and the funds allocated, and available, through the
budget process. (2007 Code § 44-201; amd. Ord. 15-19, 3-7-2019, eff.
7-1-2019; Ord. 14-20, 4-23-2020; Ord. 23-20, 6-1-2020; Ord. 6-21, 3-24-2021,
eff. 7-1-2021)
13-1 C-2: FIRE SPRINKLER SERVICE:
Customers who have fire sprinkler service shall be billed for this service on a
monthly basis. The monthly charge shall be as follows:
Current Number Of Heads
Monthly Charges
Up to 200 (minimum)
$ 24.17
200 - 299
29.02
300 - 399
33.79
400 - 599
38.68
600 - 799
43.47
800 - 999
48.33
1,000 - 1,199
53.18
1,200 - 1,399
57.96
1,400 - 1,599
62.80
1,600 - 1,799
67.65
1,800 - 1,999
72.44
2,000 - 2,199
77.29
2,200 - 2,399
82.12
2,400 - 2,599
86.96
2,600 - 2,799
91.79
2,800 - 2,900
96.74
April 2021
City of Dubuque
13-1 C-2
13-1 C-4
Current Number Of Heads Monthly Charges
3,000 - 3,499 101.44
Over 3,500 (for each additional 500 4.82
heads or fraction thereof)
(Ord. 16-19, 3-7-2019, eff. 7-1-2019; amd. Ord. 15-20, 4-23-2020; Ord. 7-21,
3-24-2021, eff. 7-1-2021)
13-1 C-3: CONSTRUCTION USE:
A. Application For Temporary Water Service; Deposit: When a temporary water
service is desired for construction work, application shall be made to the City
Manager. A deposit equal to the actual cost of the meter and fittings shall be
paid in advance. The applicant shall guarantee payment of such water service
charges and return said meter in good condition.
B. Installation Of Meter: The applicant shall thereupon install a suitable meter,
furnished by the City, and shall pay for all water furnished in accordance with
the then prevailing water rates including minimum monthly charges.
C. Payment Of Charge When Installation Of Meter Impractical: If it is the opinion
of the City Manager that placement of a meter is impractical, then the deposit
for meter and fittings shall not be required, but a charge, as determined by the
City Manager, after official publication, shall be made, but under no
circumstances shall water be used for sprinkling lawns, wetting down yards or
compacting of soil unless a meter has been installed on the service, or
arrangements have been made for such usage.
D. Water Rate For Various Other Purposes: The rate for water charged for other
purposes not mentioned herein, such as for circuses, carnivals, fairs, skating
rinks, swimming pools, tank wagons and filling cisterns will be made by the City
Manager when application is made for the same at the Water Office. (2007
Code § 44-203)
13-1 C-4: PAYMENT OF BILLS:
A. Locations For Payment Of Bills: Payment of bills may be made at locations that
have been designated by the City Manager, after official publication.
B. Due When Rendered: All utility bills are due when rendered. (Ord. 31-08,
5-5-2008)
C. Late Payments; Procedure Upon Delinquency:
April 2021
City of Dubuque
13-2C-1
13-2C-2
CHAPTER 2
SEWERS AND SEWAGE DISPOSAL
ARTICLE C. RATES
SECTION:
13-2C-1:
Purpose
13-2C-2:
Definitions
13-2C-3:
Rates Established
13-2C-4:
Areas Not Served By Public System
13-2C-5:
Lien For Failure To Pay
13-2C-6:
Cost Of Collection
13-2C-1: PURPOSE:
It is hereby determined and declared to be necessary and conducive to the
protection of the public health, safety, welfare and convenience of the City to levy
and collect just and equitable charges, rates or rentals upon all lots, parcels of real
estate and buildings that are connected directly or indirectly with the sanitary
sewage system of the City, the proceeds of such charges or rentals so derived to
be used for the purpose of constructing, operating, maintaining and repairing such
sewage treatment plant. (2007 Code § 44-82)
13-2C-2: DEFINITIONS:
The following words and terms, as used in this article, shall be deemed to mean and
be construed as follows:
CONTRIBUTOR: Any person responsible for the
production of domestic, commercial or
industrial waste which is directly or
indirectly discharged into the City's
sanitary sewer system.
SEWAGE SERVICE CHARGE: Any and all rates, charges, fees or
rentals levied against and payable by
the contributors, including special
contracts or agreements which have
been or may be negotiated by and
between the City, commercial
establishments, industries,
manufacturing plants or corporations
for the purpose of collecting rates,
charges, fees or rentals.
August 2020
City of Dubuque
13-2C-2
13-2C-3
SEWAGE TREATMENT PLANT: Any and all units of the Municipal
sewage treatment system owned and
operated by the City, including the
interceptor sewer system, the pumping
stations delivering sewage to the plant
and the outfall sewer system.
WATER DEPARTMENT: The City Water Department. (2007
Code § 44-81)
13-2C-3: RATES ESTABLISHED:
Contributors whose property lies within the corporate limits of the City, except as
otherwise provided in this article, shall pay to the City at the same time payment for
water services is made, a sewer service charge computed on water consumption
on the following rates:
A. Basic Charges:
1. The sewer rates and charges shall be based on the quantity of water used
on or in the property or premises. For all customers utilizing sewer service, bills
will be issued on estimated consumption. For estimated billings, either on
alternate months, or when a reading on a water meter is not obtainable for any
reason, consumption will be predicated on the monthly average of the past
usage for the metered account. For estimated bills issued for an account in
which historical data is not available, billing will be predicated on the minimum
charge and related consumption identified in subsection C7 of this section for
the size of the water meter in service for the particular account. (2007 Code
§ 44-83)
2, Basic Charge Exception: The city manager shall establish a policy for
evaluating cases of extreme financial hardship for residential customers and
the city's ability to make adjustments in the monthly basic charge for residential
customers as determined by the terms and conditions of the policy and the
funds allocated, and available, through the budget process.
B. Schedule Of Rates:
Rate per each 100 cubic feet $5.42
Rate per each gallon 0.00725
C. Service Charge:
April 2021
City of Dubuque
13-2C-3
13-2C-3
1. When a parcel of real estate, property or building discharging sanitary
sewage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is not a user of water supplied
by the City Water Division and the water used thereon or therein is not
acceptable to the City, the amount of water used shall be determined by the
City in such a manner as the City Manager may elect to establish the rate of
charge as provided in this article, or the owner or other interested parties at
their expense, may install and maintain a meter acceptable to the City for said
purposes.
2. When a parcel of real estate, property or building discharging sanitary
sewerage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is a user of water supplied by
the City Water Division and in addition uses water from another source which
is not measured by a water meter or is measured by a water meter not
acceptable to the City, the amount of water used shall be determined by the
City in such a manner as the City Manager may elect in order to establish the
rate of charge as provided in this article, or the owner or other interested
parties at their expense may install and maintain a meter acceptable to the City
for said purposes.
3. When a parcel of real estate, property or building discharging sanitary
sewage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is not a user of water supplied
by the City Water Division, the amount of sanitary sewage, industrial wastes,
water or other approved waste discharged into the sanitary sewer system shall
be determined by the City in such a manner as the City Manager may elect in
order to establish the rate of charge as provided in this article, or the owner or
other interested parties at their expense, may install and maintain a sewage
meter acceptable to the City for said purposes.
4. The City Council may, in its discretion, when applicable, permit connection
to the City sanitary sewer system of properties located outside the corporate
limits upon such terms and conditions as it may establish; provided, however,
that such terms shall not be more favorable to such property than rates herein
established for City users.
5. In order that the rates and charges may be modestly and equitably
adjusted to the service rendered, the City shall have the right to base its
charges not only on volume, but also on the strength and content of the
sewage and wastes of the user. The City shall have the right to measure and
determine the strength and content of all sewage and wastes discharged either
directly or indirectly into the City's sanitary sewer system, in such manner and
by such methods as it may deem practicable in the light of the conditions and
circumstances of the case in order to determine the proper charge. Extra
charges will be applicable and negotiated with users on an individual account
basis when concentration of the sewage exceeds three hundred milligrams per
August 2020
City of Dubuque
13-2C-3
13-2C-5
liter (300 mg/L) of biochemical oxygen demand, three hundred fifty milligrams
per liter (350 mg/L) of suspended solids or two percent (2%) or more of the flow
rate into the sewage treatment plant.
6. The rates and charges may be billed to the tenant and tenants occupying
the properties served, unless otherwise requested in writing by the owners, but
such billings shall in no way relieve the ownerfrom liability in the event payment
is not made as required in this article. (2007 Code § 44-83)
7. Where the quantity of water consumed is such that the minimum of service
is charged, the minimum sewer service charge, according to the size of the
meter, shall be as follows: j
Meter maize
(Inches)
Minimum
Charge
Allowance
(Cubic Feet)
Allowance
(Gallons)
5/8
$10.85
200
1,496
3/4
27.12
500
3,740
1 or larger
43.38
800
5,984
(Ord.10-17, 3-7-2017, eff. 7-1-2017; amd. Ord. 17-19, 3-7-2019, eff. 7-1-2019; Ord.
16-20, 4-23-2020; Ord. 24-20, 6-1-2020; Ord. 8-21, 3-24-2021, eff. 7-1-2021)
13-2C-4: AREAS NOT SERVED BY PUBLIC SYSTEM:
The rates, service charges, rentals or fees as provided in this article shall become
effective at the time sewage from the contributors is first directed to the sanitary
sewer system. At the time sanitary sewers are constructed in areas not now served
by a sanitary sewer system, contributors shall be granted a reasonable time to
make connection to the sewer. The effective date of the sewage service charge and
the reasonable time to connect to the sanitary sewer system will be determined by
the City Manager. (2007 Code § 44-84)
13-2C-5: LIEN FOR FAILURE TO PAY:
A. Lien For Delinquent Rates And Charges: The city shall have a lien upon the
real property served by the sanitary system for all delinquent rates and
charges. Bills for sewage charges shall be delinquent when the same are
unpaid for a period of twenty five (25) days following the billing date, and if not
paid, a penalty of five percent (5%) shall be added to the sewage bill.
April 2021
City of Dubuque
13-4-5 13-4-5
13-4-5: SFU RATE, CHARGES; UTILITY REVENUES:
A. Square Feet Equivalency: For purposes of this chapter, an SFU shall be
equivalent to two thousand nine hundred seventeen (2,917) square feet of
impervious property.
B. Monthly Service Charge: Except as provided in this chapter, every contributor
owning or occupying a single-family residential property, multi -family residential
property, or a nonresidential property, other than exempt property, shall pay to
the city, at the same time payment is made for water service, sanitary sewer
or refuse, a stormwater management charge to be determined and billed as
provided in this chapter. In the event the owner and the occupant of a particular
property are not the same, the liability for payment of the stormwater
management charge attributable to that property shall be joint and several as
to the owner and occupant. The stormwater management charge shall be a
monthly service charge and shall be determined by this chapter and the SFU
rate which is established in this chapter and from time to time adjusted as
provided in this chapter.
C. Application And Computation: The stormwater management charges provided
in sections 13-4-6 through 13-4-8 of this chapter shall be applied and computed
for each contributor during the customary billing periods as to all bills mailed by
the city treasurer, and such charges shall thereafter be paid and collected as
provided in this chapter.
D. Rates Established: The SFU rate to be applied to residential and nonresidential
properties shall be $8.85 per SFU.
E. Authority To Adjust Rate: If at any time the director determines that the SFU
rate and/or the budget for the stormwater management utility system requires
adjustment, the director shall report such determination to the city manager and
city council. The city council may at any time adjust the SFU rate by adoption
of an ordinance amending this section, and may at any time adjust the budget
for the stormwater management utility system by adoption of an appropriate
resolution.
F. Policy On Expenditure Of Revenues: The city council hereby establishes a
formal policy regarding the expenditure of stormwater management utility
revenues as follows:
1. The city manager shall develop and implement a cost accounting system,
capable of accurately recording and segregating charges to the system by all
departments of the city, to include the cost of personnel, machinery, contract
equipment and construction, supplies, depreciation, and any and all
miscellaneous expenses and purchases.
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City of Dubuque
13-4-5
13-4-7
2. No revenues generated by the stormwater utility user fee shall be used for
any purpose other than stormwater expenses. (2007 Code § 44-274; amd. Ord.
16-14, 3-5-2014; Ord. 3-20, 1-21-2020; Ord. 21-20, 6-1-2020; Ord. 10-21,
3-24-2021)
13-4-6: SINGLE-FAMILY RESIDENTIAL PROPERTY:
A. Percentage Of SFU Rate: The stormwater management charge for a single-
family residential property shall be the following percentage of the SFU rate:
Impervious Area Of Property
(Square Feet)
SFU Rate
1,471 or less
50 percent
1,472 to 4,374
100 percent
4,375 or more
150 percent
B. Commencement Of Charge: As to a new single-family residence, the
stormwater management charge attributable to that residence shall commence
upon the earlier of the following:
The issuance of a permanent water meter.
2. If no water meter is issued for that development or if development has
halted, on the date that the director or the director's designee determines in
reasonable judgment that the development is substantially complete or has
been halted for at least three (3) months.
C. Charge Exception: The city manager shall establish a policy for evaluating
cases of extreme financial hardship for single-family residential customers and
the city's ability to make adjustments in the monthly charge for single-family
residential customers as determined by the terms and conditions of the policy
and the funds allocated, and available, through the budget process.
D. Appeal Determination Of Charge: Any owner or occupant of a residential
property aggrieved by the director's calculation of the stormwater management
charge as provided in this section may appeal such determination to the
director as provided in section 13-4-9 of this chapter. (2007 Code § 44-275;
amd. Ord. 21-20, 6-1-2020)
13-4-7: NONSINGLE-FAMILY RESIDENTIAL PROPERTY:
A. The stormwater management charge for a non-singlefamily residential property
shall be the following percentage of the SFU rate multiplied by the number of
dwelling units on the property: F'
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City of Dubuque
13-4-10
13-4-13
with such covenant and shall certify the rate to the city manager. The city
manager shall inform the city council of the revised SFU rate at the time that
the resolution to take additional action for the issuance of such bonds is
submitted to the council for its review and approval. Upon council approval of
such resolution, the city manager shall publish the revised SFU rate once in a
newspaper of general circulation, shall give notice thereof to contributors if and
as required by applicable state or federal law, and shall proceed to impose and
collect the rate commencing with the next available billing cycle. (2007 Code
§ 44-281)
13-4-11: BILLING, DELINQUENT ACCOUNTS AND COLLECTION
PROCEDURES:
A. Billing Procedure: The procedures for billing of the stormwater management
service charges provided in sections 13-4-6 through 13-4-8 of this chapter and
for the collection of delinquent stormwater management service charges are
as provided in section 13-1 C-4 of this title.
B. Billing Directly For Stormwater Management Services: Contributors who are not
billed by the city for water, sanitary sewer or refuse will be directly billed for
stormwater management services by the city. In such instances, the billing and
collection of stormwater management charges is subject to the same rules and
procedures as to delinquency in payment, certification of delinquency, and
property lien as provided in section 13-1 C-4 of this title. (Ord. 55-12,
9-17-2012)
13-4-12: ANNUAL REVIEW OF SFU RATE:
Under this chapter, the director shall review the SFU rate annually and revise the
rate as necessary to ensure that the system generates adequate revenues to pay
total annual revenue requirements. (2007 Code § 44-283)
13-4-13: EXPENSES OF COLLECTION OF CHARGES:
The incremental cost of collecting and accounting for all stormwater management
charges, including reasonable compensation to the city treasurer; the maintenance
of all books and records; the employment of necessary personnel; the cost of all
books, records, materials and supplies; the obtaining and maintaining of all office
and storage space; and all other costs and expenses reasonably necessary in
connection therewith or incidental thereto, shall be a part of the cost of operating the
stormwater utility and shall be incurred when the city treasurer, in the exercise of his
April 2021 Repl.
City of Dubuque
13-4-13
13-4-13
or her judgment, shall so determine. The incremental cost thereof shall be deducted
by the director of finance and budget, upon his or her certification as to the amount
thereof, from the remittance to which it relates, subject to the condition that any
proposed change in any method of computing such incremental cost may be
effective prospectively only and only after such proposed change shall have been
submitted to and approved by the city council. (2007 Code § 44-286; amd..Ord.
3-20, 1-21-2020)
April 2021 Repl.
City of Dubuque
13-5-1
13-5-1
CHAPTER
ILLICIT CONNECTIONS AND DISCHARGES
TO STORM SEWER SYSTEM
SECTION:
13-5- 1:
Definitions
13-5- 2:
Applicability
13-5- 3:
Responsibility For Administration
13-5- 4:
Severability
13-5- 5:
Ultimate Responsibility
13-5- 6:
Discharge Prohibitions
13-5- 7:
Suspension Of MS4 Access
13-5- 8:
Industrial Or Construction Activity Discharges
13-5- 9:
Monitoring Of Discharges
13-5-10:
Prevent, Control And Reduce Pollutants By Use Of BMPs
13-5-11:
Watercourse Protection
13-5-12:
Notification Of Spills
13-5-13:
Enforcement
13-5-14:
Appeal Of Notice Of Violation
13-5-15:
Enforcement Measures After Appeal
13-5-16:
Cost Of Abatement Of Violation
13-5-17:
Injunctive Relief
13-5-18:
Violations Deemed Public Nuisance
13-5-19:
Remedies Not Exclusive
13-5-1: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
BEST MANAGEMENT Schedules of activities, prohibitions of practices,
PRACTICES (BMPs): general good housekeeping practices, pollution
prevention and educational practices, maintenance
procedures, and other management practices to
prevent or reduce the discharge of pollutants directly
or indirectly to stormwater, receiving waters, or
stormwater conveyance systems. BMPs also include
City of Dubuque
13-5-1
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treatment practices, operating procedures, and
practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw
materials storage.
CITY MANAGER:
The city manager or the city manager's designee.
CLEAN WATER ACT:
The federal water pollution control act, 33 USC
section 1251 et seq., and any amendments thereto.
CONSTRUCTION
Activities subjectto NPDES construction permits that
ACTIVITY:
result in disturbance of one acre or more. Such
activities include, but are not limited to, clearing and
grubbing, grading, excavating, filling, and demolition.
GEOTHERMAL PUMP
A system that uses a pump to extract water from an
AND DUMP SYSTEM:
underground aquifer, circulates the water through a
heating or cooling system, and discharges the water
as nonstormwater discharge.
HAZARDOUS
Any material, including any substance, waste, or
MATERIALS:
combination thereof, that because of its quantity,
concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute
to, a substantial present or potential hazard to
human health, safety, property, or the environment
when improperly treated, stored, transported,
disposed of, or otherwise managed.
ILLEGAL DISCHARGE:
Any direct or indirect nonstormwater discharge to the
municipal separate storm sewer system, or waters of
the state except as exempted in subsection 13-5-613
of this chapter.
ILLICIT CONNECTION:
Either of the following:
A. Any drain or conveyance, whether on the
surface or subsurface, which allows an illegal
April 2021
City of Dubuque
13-5-6
13-5-1
WASTEWATER: Any water or other liquid, other than uncontaminated
stormwater, discharged from a facility.
WATERS OF THE Both surface waters and ground waters within the
STATE: boundaries of the state of Iowa and subject to its
jurisdiction. (2007 Code § 44-290; amd. Ord. 52-20,
12-21-2020)
13-5-2: APPLICABILITY:
This chapter shall apply to all water entering the MS4 generated on any developed
and undeveloped lands unless explicitly exempted by the city manager. (2007 Code
§ 44-291)
13-5-3: RESPONSIBILITY FOR ADMINISTRATION:
The city manager shall administer, implement, and enforce the provisions of this
chapter. (2007 Code § 44-292)
13-5-4: SEVERABILITY:
The provisions of this chapter are hereby declared to be severable. If any provision,
clause, sentence, or paragraph of this chapter or the application thereof to any
person, establishment, or circumstances shall be held invalid, such invalidity shall
not affect the other provisions or application of this chapter. (2007 Code § 44-293)
13-5-5: ULTIMATE RESPONSIBILITY:
The standards set forth herein and promulgated pursuant to this chapter are
minimum standards; therefore, this chapter does not intend nor imply that
compliance by any person will ensure that there will be no contamination, pollution,
nor unauthorized discharge of pollutants. (2007 Code § 44-294)
13-5-6: DISCHARGE PROHIBITIONS:
A. Prohibition Of Illegal Discharges: No person shall discharge or cause to be
discharged into the MS4 or watercourses any of the following:
1. Materials, including, but not limited to, pollutants, waters containing
pollutants, nonstormwater discharge, or those that cause or contribute to a
violation of applicable water quality standards.
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13-5-6
13-5-6
2. Geothermal pump and dump system discharges without the express
written consent of the city manager. The city manager may allow such
discharge if it does not present or will not present an imminent and substantial
danger to the operation of the MS4, public property, private property, the
environment, or to the health or welfare of persons, or waters of the state.
B. Exemptions: The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited except as described as
follows:
1. The following discharges are exempt from discharge prohibitions
established by this chapter: water line flushing or other potable water sources, �-
landscape irrigation or lawn watering, diverted stream flows, rising ground
water, ground water infiltration to storm drains, sump pump discharge,
foundation or footing drains (not including active ground water dewatering
systems), crawl space pumps, air conditioning condensation, springs,
noncommercial washing of vehicles, natural riparian habitat or wetland flows,
swimming pools (if dechlorinated - typically less than 1 PPM chlorine),
firefighting activities, and any other water source not containing pollutants.
2. Discharges specified in writing by the city manager as being necessary to
protect public health and safety.
3. Dye testing is an allowable discharge, but requires a verbal notification to
the city manager prior to the time of the test.
4.. The prohibition shall not apply to any nonstormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to the
discharger and administered under the authority of the environmental
protection agency, provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any
discharge to the storm drain system.
C. Prohibition Of Illicit Connections: The construction, use, maintenance or
continued existence of illicit connections to the storm drain system is prohibited.
1. This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible under
law or practices applicable or prevailing at the time of connection.
City of Dubuque
13-5-6
13-5-9
2. A person is considered to be in violation of this chapter if the person
connects a line conveying sewage to the MS4, or allows such a connection to
continue. (2007 Code § 44-295; amd. Ord. 52-20, 12-21-2020)
13-5-7: SUSPENSION OF MS4 ACCESS:
A. Suspension Due To Illicit Discharges In Emergency Situations: The city
manager may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the MS4 or waters of
the United States. If the violator fails to comply with a suspension order issued
in an emergency, the city manager may take such steps as deemed necessary
to prevent or minimize damage to the MS4 or waters of the state, or to
minimize danger to persons.
B. Suspension Due To Detection Of Illicit Discharge: Any person discharging to
the MS4 in violation of this chapter may have the person's MS4 access
terminated if such termination would abate or reduce an illicit discharge. The
city manager shall notify a violator of the proposed termination of its MS4
access. The violator may petition the city manager for a reconsideration and
hearing.
C. Reinstatement Without Approval: A person commits an offense if the person
reinstates MS4 access to premises terminated pursuant to this section, without
the prior approval of the city manager. (2007 Code § 44-296)
13-5-8: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES:
Any person subject to an industrial or construction activity NPDES stormwater
discharge permit shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the city manager prior to
the allowing of discharges to the MS4. (2007 Code § 44-297)
13-5-9: MONITORING OF DISCHARGES:
A. Applicability: This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction activity.
April 2021
City of Dubuque
13-5-9
13-5-9
B. Access To Facilities: The city manager shall be permitted to enter and inspect
facilities subject to regulation under this chapter as often as may be necessary
to determine compliance with this chapter. If a discharger has security
measures in force that require proper identification and clearance before entry
into its premises, the discharger shall make the necessary arrangements to
allow access to representatives of the city manager.
1. Facility operators shall allow the city manager ready access to all parts of
the premises for the purposes of inspection, sampling, examination and
copying of records that must be kept under the conditions of an NPDES permit
to discharge stormwater, and the performance of any additional duties as
defined by state and federal law.
Z The city manager shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the city manager to conduct
monitoring and/or sampling of the facility's stormwater discharge.
3. The city manager shall have the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
4. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the
operator at the written or oral request of the city manager and shall not be
replaced. The costs of clearing such access shall be borne by the operator.
5. Unreasonable delays in allowing the city manager access to a permitted
facility is a violation of a stormwater discharge permit and of this chapter. A
person who is the operator of a facility with an NPDES permit to discharge
stormwater associated with industrial activity commits an offense if the person
denies the city manager reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this chapter.
6. If the city manager has been refused access to any part of
the premises from which stormwater is discharged, and he/she is
able to demonstrate probable cause to believe that there may be a
violation of this chapter, or that there is a need to inspect and/or sample as
City of Dubuque
13-6-1
13-6-1
CHAPTER 6
SOLID WASTE
SECTION:
13-6-1:
Definitions
13-6-2:
Deposits On Other Public Or Private Property
13-6-3:
Container Requirements; Collection Restrictions
13-6-4:
Wrapping And Draining Of Certain Solid Wastes
13-6-5:
Unlawful Accumulations
13-6-6:
Storage And Accumulation Restricted
13-6-7:
Hazardous And Prohibited Wastes Regulated
13-6-8:
Vehicles Hauling Solid Waste
13-6-9:
Use Of State Approved Dump Site Or Disposal Project
13-6-1: DEFINITIONS:
For the purpose of this chapter the following definitions shall apply:
BUILDING MATERIALS: Any material such as lumber, floor coverings, brick,
plaster, sheet metal or any other substances
accumulated as a result of repairs or additions to
existing buildings, construction of new buildings or
demolition of existing structures.
CLASS I PREMISES: Shall mean and include the following properties in
the City of Dubuque:
A. Single-family dwellings.
B. Multiple -family dwellings up to and including six
(6) dwelling units.
C. Dwelling units in business or commercial
premises.
Where two (2) or more laterally connected or joined
dwelling units, including condominiums, townhouses
and row houses, in which each dwelling unit has
separate access and utility service, each dwelling
unit shall constitute a single-family dwelling.
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13-6-1
13-6-1
CLASS II PREMISES: Residential premises other than Class I residential t.
premises, located in the City of Dubuque, including:
A. Dwellings in trailer courts;
B. Schools, colleges, churches, convents, nursing
homes, rooming houses and other semiprivate
institutions; and
C. Multiple -family dwellings exceeding six (6)
dwelling units.
CLASS III PREMISES: All business and commercial premises located in the
City of Dubuque, including that part of a fesidential
premises with a business or commercial use.
DWELLING: Shall mean and include any building or portion
thereof containing one or more dwelling units.
DWELLING UNIT: Shall mean and include one or more connected
rooms having complete kitchen facilities and
arranged, designed or used as living quarters for
one family only.
FOOD SCRAPS: Solid, semisolid and liquid animal and vegetable
residuals resulting from the handling, preparing,
cooking, storing, serving and consuming of food.
GARBAGE: All solid and semisolid, putrescibie animal and
vegetable wastes resulting from the handling,
preparing, cooking, storing, serving and consuming
of food or of material intended for use as food, and
all offal, excluding useful industrial byproducts, and
shall include all such substances from all public and
private establishments and from all residences.
HAZARDOUS WASTES: Waste materials, including, but not limited to,
poisons, pesticides, herbicides, acids, caustics,
biohazardous wastes, f►ammable or explosive
materials and similar harmful wastes which require
special handling and which must be disposed of in
such a manner as to conserve the environment and
protect the public health and safety.
OTHER Napkins, plates, cups, bowls, towels, tissues, and
COMPOSTABLE takeout containers made from paper as well as other
MATERIALS: materials as approved by the city manager.
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City of Dubuque
13-6-1
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OWNER: In addition to the record titleholder, any person
residing in, renting, leasing, occupying, operating or
transacting business in any premises and as
between such parties, the duties, responsibilities,
liabilities and obligations hereafter imposed shall be
joint and several.
PREMISES: A building or part of a building and its grounds
located in the City of Dubuque.
RECYCLABLE Materials, including, but not limited to, food container
MATERIALS: glass, aluminum, steel (tin) cans, no. 1 and no. 2
plastic bottles, uncontaminated newspapers and
glossy paper (magazines). Newspapers and glossy
paper shall be considered uncontaminated if they
have not been exposed to substances or conditions
rendering them unusable for recycling.
REFUSE: Putrescible and nonputrescible wastes including, but
not limited to, garbage, rubbish, ashes, incinerator
ash, incinerator residues, street cleanings, market
and industrial solid wastes and sewage treatment
wastes in dry or semisolid form.
RUBBISH: Nonputrescible solid waste consisting of combustible
and noncombustible wastes, such as furniture,
appliances, tires, building materials or similar
wastes.
SOLID WASTE: Garbage, refuse, rubbish, and other similar
discarded solid or semisolid materials, including, but
not limited to, such materials resulting from
industrial, commercial, agricultural, and domestic
activities. Solid waste includes vehicles. Solid waste
does not include toxic and hazardous wastes as
defined by the Iowa department of natural resources.
YARD WASTE: Debris such as grass clippings, leaves, garden
wastes, brush and trees as defined by the Iowa
Department of Natural Resources. Yard waste does
not include tree stumps. (Ord. 20-06, 3-2-2006, eff.
4-3-2006; amd. Ord. 17-20, 4-23-2020; Ord. 9-21,
3-24-2021, eff. 7-1-2021)
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13-6-2
13-6-3
13-6-2: DEPOSITS ON OTHER PUBLIC OR PRIVATE PROPERTY:
4
A. Prohibition: No person shall throw, rake, deposit, dump, drop, spill or store
(other than the placement of containers for collection as provided herein) any
solid waste or toxic and hazardous wastes upon the streets, sidewalks, rights
of way or any public or private property within the city.
B. Exception: This section shall not apply to junk dealers, auto salvage dealers,
pawnbrokers or secondhand dealers licensed under title 4, chapter 6 of this
code. (2007 Code § 40-17)
13-6-3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS:
A. Disposal In Containers; Preparation Of Waste For Disposal: Solid waste shall
be placed in bags secured with tags or otherwise sealed and placed in suitable
containers. However, it shall not be necessary to place books, boxes,
magazines or newspapers in containers, provided they are securely tied in
bundles or completely contained in disposable boxes not more than twenty by
thirty by forty-eight inches (20" x 30" x 48"). Tree limbs and carpet shall be
securely tied in bundles not more than forty-eight inches (48") long and
eighteen inches (18") in diameter.
B. Container Standards: A standard solid waste container shall be not more than
thirty-five (35) gallons nor be less than five (5) gallons in capacity except when
only one container is used, in which case such container may be less than five
(5) gallons in capacity. All such containers shall be waterproof and fitted with
a tight lid and shall have handles, bails, or other suitable lifting devices.
Containers shall be of a type originally manufactured for refuse or garbage,
with tapered sides for easy emptying, and shall be of lightweight and sturdy
construction. The weight of any individual standard container and its contents
shall not exceed forty (40) pounds. Galvanized steel and similar metal
containers, rubber containers, and plastic containers which do not become
brittle in cold weather, may be used. Oil or grease drums, paint cans, and
similar salvaged containers shall not be used. Disposable bags manufactured
for garbage and solid waste disposal shall be acceptable unless they are left
unattended for such a period of time or in such a location as to become a
health hazard.
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'r C. Healthcare Waste:
ti
1. Except for Class II premises, healthcare waste shall be placed in suitable
containers separately from all other solid waste. Sharp objects such as
hypodermic needles, syringes and lancets shall be securely contained in hard
plastic or metal disposable containers with screw on or tightly secured lids for
collection. Broken glass and similar materials shall be placed in disposable
boxes with a secure closure. Other healthcare waste such as soiled bandages,
disposable sheets and medical gloves shall be placed in thick disposable
plastic bags or shall be double bagged.
2. Class II premises shall comply with all occupational safety health
administration (OSHA) regulations concerning the disposal of potentially
infectious wastes.
D. Unacceptable Items For Collection: A basket, box or noncomplying solid waste
container shall be considered disposable solid waste and shall be removed by
the collection crews if it is the proper size and otherwise acceptable for
collection. It shall be left uncollected if it is larger than the allowable size or
otherwise unacceptable for collection.
E. Recycling Containers Provided: One curbside recycling container shall be
provided by the city to each dwelling unit in Class I premises for the collection
of recyclable materials.
F. Large And Bulky Rubbish: Large and bulky rubbish such as furniture and
appliances shall not be collected exceptwhen a special collection is established
by the city manager for the collection of such items. (2007 Code § 40-18; amd.
Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6-4: WRAPPING AND DRAINING OF CERTAIN SOLID WASTES:
All solid waste consisting of waste animal and vegetable matter which may attract
flies, dogs, cats, rodents and other animals shall be drained of all excess liquid,
wrapped in paper or disposable containers, and placed or stored, until collected, in
covered suitable containers as described in section 13-6-3 of this chapter. (2007
Code § 40-19)
13-6-5: UNLAWFUL ACCUMULATIONS:
A. Health Or Sanitation Hazard: It shall be unlawful for any person to permit to
accumulate on any premises, improved or vacant, or on any public place in the
city, such quantities of solid waste, either in containers or not, that shall
constitute a health or sanitation hazard.
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B. Storage Within Or Close To Buildings: It shall be unlawful for any person to '
accumulate quantities of refuse, papers, garbage, ashes or other solid waste
within or close to any building in the city, unless the same is stored in
containers in such a manner as not to create a health or fire hazard. (2007
Code § 40-20)
13-6-6: STORAGE AND ACCUMULATION RESTRICTED:
A. Storage In Metal Containers: Within the corporate limits of the city, all garbage
or refuse consisting of waste animal or vegetable matter upon which rats may
feed, and all small dead animals, shall be placed and stored until collected in
covered metal containers of a type prescribed by the health officer.
B. Dumping On Premises Or Waterways Prohibited: It is unlawful for any person
to dump or place on any premises, land or waterway, any dead animals, or any
waste vegetable or animal matter of any kind.
C. Providing Harborage For Rats: It shall be unlawful for any person to place,
leave, dump, or permit to accumulate any garbage, rubbish or trash in any
building or on any premises, improved or vacant, or on any open lot or alley in
the city so that the same shall or may afford food or harborage for rats.
D. Lumber And Boxes Placed On Elevated Racks: It shall be unlawful for any
person to permit to accumulate on any premises, improved or vacant, or on any
open lot or alley in the city any lumber, boxes, barrels, bottles, cans, containers
or similar material that may be permitted to remain thereon unless same shall
be placed on open racks that are elevated not less than eighteen inches (18")
above the ground, and evenly piled or stacked. (2007 Code § 31-74; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6-7: HAZARDOUS AND PROHIBITED WASTES REGULATED:
A. Deposits Prohibited Except For Special Collection: No person shall deposit in
a solid waste container or otherwise offer for city collection any hazardous
wastes or prohibited wastes, except when a special collection is established by
the city manager under subsection 13-6-317 of this chapter.
B. Transportation By Owner: Hazardous wastes and prohibited wastes shall be
transported by the owner to a sanitary disposal project licensed by the Iowa
Department of Natural Resources to accept such wastes.
C. Prohibited Wastes Described: "Prohibited wastes" includes, but is not limited
to, waste oils, lead acid batteries and tires. (2007 Code § 40-21; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
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13-6-8: VEHICLES HAULING SOLI) WASTE:
A. Dropping, Sifting Or Leaking Of Load: No person shall haul any solid waste
upon the streets, alleys or public places of the city unless the vehicle used for
such purpose is so constructed or loaded or the load securely covered as to
prevent any of its load from dropping, sifting, leaking, or otherwise escaping or
its load covering from dropping from the vehicle, except that materials may be
dropped for the purpose of securing traction, or water or other substance may
be applied on a roadway in cleaning or maintaining such roadway.
B. Sanitary Condition: All vehicles, containers and dumpsters used for the
I/ collection and removal of solid waste shall be kept in a clean, inoffensive, and
sanitary condition. All solid waste shall be handled in such a way as to prevent
the scattering, spilling or leakage of same. (2007 Code § 40-22)
13-6-9: USE OF STATE APPROVED DUMP SITE OR DISPOSAL PROJECT:
A. State Licensed Project: No person shall haul or cause to be hauled any solid
waste to any sanitary disposal project, dump site or any other area unless such
disposal project, dump site or other area is licensed by and in full compliance
with all regulations in the state in which it is located.
B. Filling Or Excavating; Permit Required: No person shall use dirt, stone, brick,
concrete or similar inorganic material forfill, landscaping, excavation or grading
without first obtaining a building permit, if required by other provisions of this
code, and only in conformance with all provisions of the zoning and subdivision
ordinances of this code. (2007 Code § 40-23)
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CHAPTER6
SOLID WASTE
ARTICLE A. CITY OR PRIVATE COLLECTION SERVICE
SECTION:
13-6A-1:
City Manager's Authority Generally
13-6A-2:
Availability Of Collection Service
13-6A-3:
Frequency, Time And Areas Of Collection
13-6A-4:
Placement Of Containers For Collection
13-6A-5:
Ownership Of Materials; Unauthorized Collecting Prohibited
13-6A-6:
Rates And Charges Established; Exceptions
13-6A-7:
Charges; Billing And Collection
13-6A-8:
Yard Waste And Food Scraps
13-6A-9:
Private Collection Service
13-6A-1: CITY MANAGER'S AUTHORITY GENERALLY:
The City Manager is hereby authorized and directed to employ City owned vehicles
and equipment and the necessary operating personnel to collect solid waste, yard
waste and recyclable materials and to collect fees and administer the program as
provided for in this article in the City, upon the terms and conditions of this article.
(2007 Code § 40-31)
13-6A-2: AVAILABILITY OF COLLECTION SERVICE:
A. Collection service is provided within the City of Dubuque to residents and
businesses located within city limits as outlined below. The City Manager may
consider requests for service outside of city limits, in the City Manager's sole
discretion.
B. Class I Premises: City solid waste collection from residential premises as
defined in section 13-6-1 of this chapter shall be mandatory.
C. Class II Premises: Class II premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The
collection rate shall be determined according to the fee schedule set forth in
section 13-6A-6 of this article.
D. Class III Premises: Class III premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The
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collection rate shall be determined according to the fee schedule set forth in
section 13-6A-6 of this article.
E. Recycling Services: Class II premises not serviced by City solid waste
collection service and Class III premises may apply to the City Manager for
such recycling services. The collection rate shall be determined according to
the fee schedule set forth in section 13-6A-6 of this article.
F. Refusal Of Service: The City Manager may refuse solid waste collection service
or recycling services because of quantities or characteristics beyond the
capacity or capability to be handled efficiently or safely by City personnel and
equipment. (Ord. 14-19, 3-7-2019, eff. 7-1-2019; amd. Ord. 17-20, 4-23-2020; -
Ord. 9-21, 3-24-2021, eff. 7-1-2021) E
13-6A-3: FREQUENCY, TIME AND AREAS OF COLLECTION:
A. Frequency And Time Of Collection: Collections shall be made not more than
once weekly at such time and in such areas of the City as shall be determined
and set out in schedules prepared by the City Manager in accordance with the
provisions of this article. All collections shall be made between the hours of six
o'clock (6:00) A.M. and nine o'clock (9:00) P.M.
B. Collection Schedule: The collection schedule shall not include official City
holidays unless otherwise determined by the City Manager. However, a
Saturday may be substituted as the collection day to replace the collection
which would otherwise be made on the day of the week the holiday occurs.
C. Authority To Change Schedule: The City Manager is hereby authorized and
empowered to change or amend the collection schedules from time to time as
the City Manager may deem necessary. (2007 Code § 40-33; amd. Ord. 17-20,
4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-4: PLACEMENT OF CONTAINERS FOR COLLECTION:
A. Alleys: Where collections are made from alleys, solid waste containers shall be
placed in one location for each dwelling, in clear view and at the owner's
property line abutting the alley and on the days designated in said schedule.
B. Streets: Where collections are made from the street, solid waste containers
shall be placed in one location for each dwelling, in clear view and in the street
right-of-way on the owner's property side of the curb and on the days
designated in said schedule. Such containers shall be placed so as not to
interfere with vehicular and pedestrian traffic and when emptied shall be
promptly removed by the owner.
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C. Time Limit For Placement Of Containers On Streets: No person shall place
solid waste or recycling at the street for collection more than twenty-four (24)
hours before the scheduled collection day. No person shall leave solid waste
containers or recycling containers at the street for more than twenty-four (24)
hours after the scheduled collection day.
D. Early Placement: All solid waste shall be placed at the designated collection
location for City collection by six o'clock (6:00) A.M. on the scheduled collection
day.
E. Duty When Solid Waste Not Collected: Any solid waste not in compliance with
this chapter shall not be collected by the City and shall be removed by the
owner within twenty-four (24) hours after the scheduled collection day and
stored in such a manner as not to create a health, safety or fire hazard. (Ord.
27-17, 6-5-2017; amd. Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff.
7-1-2021)
13-6A-5: OWNERSHIP OF MATERIALS; UNAUTHORIZED COLLECTING
PROHIBITED:
From the time of placement for collection as provided in section 13-6A-4 of this
article, all solid waste and recyclable materials and recycling containers which meet
the requirements of this chapter placed for collection by the City shall become and
be the property of the City and it shall be a violation of this section for any person
other than authorized personnel of the City to collect, pick up, or cause to be
collected or picked up, any such materials. (2007 Code § 40-35)
13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. Class I Premises:
1. Base Fee And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per dwelling unit per month
shall be paid to the City by the property owner of each Class I premises for
such solid waste collection services. Said fee shall be in payment for collection
and disposal of one (1) thirty five (35) gallon can or one (1) thirty five (35)
gallon trash bag of "solid waste" as defined in this chapter. There is no limit on
the number of bins allowed to be collected containing acceptable "recyclable
materials" as defined in this chapter.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
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(1) Carts Required: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class I premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty-four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class I
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to
alley carts and multifamily dwellings opting to subscribe to solid waste cart(s)
must provide a minimum of thirty (30) gallons of capacity for each dwelling unit.
The City may, in its sole discretion, require additional capacity per unit if thirty
(30) gallons for each dwelling unit is insufficient. The City shall notify the
applicable account holder in writing of the additional capacity requirement.
3. Class I Premises Exceptions:
a. When a Class I premises has been vacant for a period not less than
two (2) consecutive months, the owner may apply to the City Manager for a
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credit under procedures to be established by the City Manager. Such credit
shall continue only so long as the Class I premises is vacant.
b. In cases of extreme financial hardship, the City Manager may, and is
hereby authorized and empowered to, make adjustments in the monthly
collection charges as the City Manager may deem appropriate. In such cases,
the City Manager shall have the authority to require such proof of financial
status or extreme hardship, as the City Manager may deem necessary.
c. When resident(s) of a Class I premises has an annual income equal
to or less than the income standards used by HUD for its Section 8 Housing
Program" for the size of that household may, upon application to the City
Manager or designee, be exempted from one-half (1/2) the established
collection charge. After the initial application, annual application shall be made
by the account holder of the City of Dubuque utility bill for the premises to verify
annual income and eligibility.
B. Class II Premises:
1. Base Fees And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per month shall be paid to the
City by the property owner of each Class II premises for such solid waste
collection services. Said fee shall be in payment for collection and disposal of
one (1) thirty five (35) gallon can or one (1) thirty five (35) gallon trash bag of
"solid waste" as defined. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as defined.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
(1) Carts Required: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class II premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty- four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
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b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class II
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid -
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to
alley carts and multifamily dwellings opting to subscribe to solid waste cart(s)
must provide a minimum of thirty (30) gallons of capacity for each dwelling unit.
3. Termination: The owner of a Class II premises served by the City solid
waste collection may provide the City Manager with not less than fourteen (14)
days' written notice of intent to terminate the service. Such termination of
service shall be effective at the beginning of the next billing period after such
fourteen (14) day notice period.
4. Recycling Only: Upon approval of an application for City recycling
collection a fee of six dollars ($6.00) per month per unit shall be paid to the City
by the property owner of each Class II premises not serviced by City solid
waste collection services for recycling collection.
C. Class III Premises:
1. Base Fees And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per dwelling per month shall be
paid to the City by the property owner of each Class Ili premises for such
services. Said fee shall be in payment for collection and disposal of one (1)
thirty five (35) gallon can or one (1) thirty five (35) gallon trash bag of "solid
waste" as defined. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as defined.
2. Solid Waste Cart Subscriptions:
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a. Mandatory Subscription Alleys:
(1) Required Carts: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class III premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
y (2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty-four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class III
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine and dollars ($29.00) per month.
3. Termination: The owner of a Class III premises served by City solid waste
collection may provide the City Manager with not less than fourteen (14) days'
written notice of intent to terminate the service. Such termination of service
shall be effective at the beginning of the next billing period after such fourteen
(14) day notice period.
4. Recycling Only: Upon approval of an application for City recycling
collection a fee of six dollars ($6.00) per month per unit shall be paid to the City
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by the property owner of each Class III premises not serviced by City solid
waste collection services for recycling collection.
D. Unit Based Pricing: Collection options and charges under unit -based pricing for
Class I, II and III premises are as follows:
1. A yearly subscription for weekly collection of an additional standard solid
waste container, or containers, may be subscribed for an additional eight
dollars ($8.00) each per month.
2. Oversized, nonstandard rigid solid waste containers of up to fifty (50)
gallons in capacity may be subscribed as the one container covered under the
base monthly solid waste fee for an additional five dollars ($5.00) per month.
Such containers shall be holders for standard trash bags for manual removal
by City crews, shall not contain any loose material, and shall not be lifted and
dumped by crews. Individual trash bags held in the oversized container shall
weigh no more than forty (40) pounds.
3. A yearly subscription for weekly collection of an additional oversized solid
waste container, or containers, may be subscribed for an additional twelve
dollars ($12.00) each per month.
4. Official City of Dubuque single -use stickers costing one dollar and fifty
cents ($1.50) shall be applied to each additional standard solid waste container
or small bulky or bundled item in excess of the one standard solid waste
container collected under the base monthly solid waste fee or any additional
subscribed container(s).
5. Multiple -family dwellings of three (3), four (4), five (5), and six (6) dwelling
units as well as Class II or Class III premises sharing a common set out
location with other City solid waste customers shall only use approved rigid
solid waste containers with permanent identification as to the specific premises.
However, for the two (2) weeks following Christmas, excess solid waste may
be set out in trash bags with applied City of Dubuque single use stickers. The
capacity must be a minimum of thirty (30) gallons per dwelling unit.
E. Special Collection: The charge for a special collection service for large and (.
bulky rubbish to each dwelling unit receiving such service when requested by
the owner shall be as follows:
1. A fee often dollars ($10.00) shall be paid by the owner for each time the
service is provided for up to the equivalent of three (3) cubic yards of solid
waste.
2. An additional fee of twelve dollars and fifty cents ($12.50) shall be paid for
each additional three (3) cubic yards of solid waste.
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3. An additional fee for tires, equal to the disposal fees charged at the
Dubuque Metro Landfill, shall be paid to the City by the owner for each tire.
4. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each appliance collected in the service.
5. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for service
on a day not receiving weekly collection at the service address.
6. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for
immediate service or whenever crews are sent back to the service address to
collect items that were not properly set out on time as previously scheduled.
7. An additional fee of twenty dollars ($20.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for collection
of electronics including one device with an electronic screen (laptops, monitors,
TVs, etc.). An additional fifteen -dollar ($15.00) fee will apply for each additional
device with an electronic screen set out per collection. (Ord. 14-19, 3-7-2019,
eff. 7-1-2019; amd. Ord. 17-20, 4-23-2020; Ord. 22-20, 6-1-2020; Ord. 9-21,
3-24-2021, eff. 7-1-2021)
13-6A-7: CHARGES; BILLING AND COLLECTION:
A. City Billing: The City Manager is authorized to bill tenants upon the written
request of the property owner and according to a procedure to be established
by the City Manager. The property owner in such cases shall provide any
information on each tenant's mailing address to aid in the collection of fees for
City services. In all cases, the property owner shall remain liable for the
payment of all charges required by this chapter.
B. Monthly Billing: All accounts shall be billed monthly. The payment of bills is
subject to the terms of section 13-1 C-4 of this title.
C. Unpaid Billing For Class I Premises: The collection of solid waste provided
Class I premises and the maintenance of the availability of such service,
whether or not such service is used regularly or not at all by the owner of such
Class I premises, is hereby declared a benefit to said premises at least equal
to the monthly charges specified, and in case of failure to pay the monthly
charge when billed as heretofore provided, then the monthly charge shall
become a lien against the property benefited or served and shall be collected
in the same manner as general Property Taxes.
D. Certify Delinquent Accounts To County Treasurer: It is the duty of the City
Treasurer to certify the actual rates and fees plus the costs of administration
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to the County Treasurer as provided in section 13-1 C-4 of this title and all such
costs will constitute a lien against said property and be collected with and in the
same manner as general Property Taxes on said property. (Ord. 29-08,
5-5-2008; amd. Ord. 56-12, 9-17-2012; Ord. 3-20, 1-21-2020)
13-6A-8: YARD WASTE AND FOOD SCRAPS:
A. Separation Of Yard Waste: Yard waste shall be separated by the owner of a
premises from all other solid waste.
B. Composting: An owner may compost such person's own yard waste and food
scraps on such person's own premises, provided the same is stored in such a
manner as to not create a fire, health or safety hazard.
C. Collection Schedule For Yard Waste: Yard waste that has not been composted
shall be collected by the City not more than once each week according to the
collection schedule established by the City Manager.
D. Preparation Of Waste: Containerized yard waste collected by the City shall be
placed in degradable paper bags with an affixed single use sticker or in rigid
waste containers with an affixed single use tag or in permanent waste
containers with an affixed annual yard waste decal or in a subscribed sixty-five
(65) gallon City owned yard waste cart or be contained by tying devices
approved by the City Manager. The charges for collection and disposal of "yard
waste" as defined shall be as follows:
1. The fee for tying devices approved by the City Manager shall be one dollar
thirty cents ($1.30) each.
2. The fee paid to the City by a customer of record with the City for an annual
yard waste decal for a rigid waste container shall be thirty-five dollars ($35.00)
each through June 30 of each year. The fee shall be reduced by one-half (1/2)
on July 1 of each year and again by one-half (1/2) on September 1 of each
year. A decal shall only be used by the customer of record with the City who
purchased it.
3. The fee for single use stickers shall be one dollar and thirty cents ($1.30)
each.
4. The fee paid to the City for subscription to a sixty-five (65) gallon City
owned yard waste cart shall be eleven dollars ($11.00) per month.
5. The minimum fee paid to the City for collection of a scheduled leaf rake out
is twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile of
leaves in the parking lane at the curb.
April 2021
City of Dubuque
13-6A-8
13-6A-9
E. Food Scrap Collection Program Subscribers: Subscribers to the food scrap
collection program shall set out City owned carts containing food scraps and
other compostable materials.
SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES
Customer Class
Cart Size
Monthly Rates
City refuse customers and K - 12 schools
13 gallon
$1.00
48 gallon
$8.00
64 gallon
$11.00
Commercial customers without City refuse collection
13 gallon
$4.00
48 gallon
$15.00
64 gallon
1 77$720.�00
1. Such carts shall be co -collected with yard waste. The customer shall
choose the number and size of the cart(s).
2. Such carts shall be set out weekly to reduce potential nuisance concerns,
Failure to use, store or set out the cart properly shall cause the subscription to
be terminated.
F. Deposits In Public Rights -Of -Way Prohibited: No person shall deposit any yard
waste or food scraps in any public right-of-way. (Ord. 4-16, 3-14-2016, eff.
7-1-2016; amd. Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-9: PRIVATE COLLECTION SERVICE:
A. License Required: No person shall engage in the business of removing or
hauling solid waste from the premises of another person without a license to
do so from the City Manager. The issuance of such license shall be in the
manner prescribed and subject to the terms of title 4, chapter 1 of this Code.
(2007 Code § 40-46)
B. Application For License; Fee: Application for such license shall specify the type
of equipment and vehicles to be used, the routes to be traveled, the places to
be served and the name and residence of the applicant. Such person shall pay,
at the Office of the City Treasurer, an annual license fee of twenty-five dollars
($25.00) per year for each vehicle engaged in such business. (2007 Code
§ 40-47)
April 2021
City of Dubuque
13-6A-9
13-6A-9
C. Display Of License Number On Vehicle: No person shall operate a vehicle
licensed under this section unless the license number is prominently displayed
on the lower portion of the driver's side of the windshield in clear view. Such
license number shall be affixed to the vehicle not less than five (5) days after
the day of issue. (2007 Code § 40-48)
D. Separability Of Provisions: It is the intention of the City Council that each
subsection, paragraph, sentence, clause and provision of this section is
separable, and if any provision is held unconstitutional or invalid for any reason,
such decision shall not affect the remainder of this section nor any part thereof
other than that affected by such decision. (2007 Code § 40-50; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
April 2021
City of Dubuque
15-2-1
15-2-3
CHAPTER 2
LONG RANGE PLANNING ADVISORY COMMISSION
SECTION:
15-2-
1:
Commission Created
15-2-
2:
Purpose
15-2-
3:
Internal Organization And Rules
15-2-
4:
Procedures For Operation
15-2-
5:
Membership
15-2-
6:
Oath
15-2-
7:
Terms
15-2-
8:
Vacancies
15-2-
9:
Officers/Organization
15-2-10:
Meetings
15-2-11:
Compensation
15-2-12:
Removal
15-2-13:
Powers
15-2-1: COMMISSION CREATED:
There is hereby created the long range planning advisory commission. (Ord. 62-15,
9-21-2015)
15-2-2: PURPOSE:
The purpose of the commission is to foster the community planning process,
develop policies, goals, plans, and management tools based on a consensus of
community values, and help guide the community's future development, public
policies, and decision making. (Ord. 62-15, 9-21-2015)
15-2-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 62-15, 9-21-2015)
December 2015
City of Dubuque
15-2-4
15-2-8
15-2-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 62-15, 9-21-2015)
15-2-5: MEMBERSHIP:
A. Composition: The commission comprises seven (7) residents of the city,
appointed by the city council.
B. Age: Residents must be eighteen (18) years of age or older.
C. Qualifications:
1. All members must be qualified by their knowledge, experience, and ability
to contribute to the city's long range planning and development efforts.
2. Cross -Representation: One (1) member must be appointed by and from
the membership of the Housing Commission, with concurrence of the city
council. (Ord. 62-15, 9-21-2015; amd. Ord. 4-21, 2-15-2021)
15-2-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute
an oath of office at the first meeting of the commission following the appointment
or reappointment or at the city clerk's office any time prior to the first meeting of the
commission. (Ord. 62-15, 9-21-2015)
15-2-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The term of the cross -representative
appointee to the Long Range Planning Advisory Commission must coincide with
their term on the Housing Commission. (Ord. 62-15, 9-21-2015; amd. Ord. 4-21,
2-15-2021)
15-2-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 62-15,
9-21-2015)
April 2021
City of Dubuque
15-2-9 15-2-12
15-2-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers forthe remainder of the officer's unexpired term. (Ord. 62-15, 9-21-2015)
15-2-10: MEETINGS:
A. Meetings: Meetings may be called by the Chairperson or at the written request
of a majority of the Commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance:
1. In the event a Commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
Chairperson, such absence will be grounds for the commission to recommend
to the City Council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes: A copy of the minutes of all meetings of the commission must be filed
with the City Council within ten (10) working days after each meeting, or by the
next regularly scheduled City Council meeting, whichever is later.
E. Quorum: Four (4) Commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the Commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 46-16,
9-19-2016)
15-2-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the City administrative policies
and budget. (Ord. 62-15, 9-21-2015)
15-2-12: REMOVAL:
Except as provided in subsection 15-2-10C1 of this chapter, the City Council may
remove any Commissioner for good cause. (Ord. 62-15, 9-21-2015)
April 2021
City of Dubuque
15-2-13
15-2-13
15-2-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To provide a leadership role in the planning, coordinating, and sponsoring of
a periodic community planning process;
B. To coordinate and supervise the preparation and maintenance of the
Comprehensive Plan;
C. To provide input to the City Manager in the preparation of the City Manager's
recommended multiyear Capital Improvement Program;
D. To make comprehensive studies of the present condition and the future growth
of the City to provide input into the community planning process and to guide
and accomplish a coordinated, consistent, and harmonious development in
accordance with the present and future needs thereof to the end that the
health, safety, morals, order, convenience, prosperity, and general welfare may
be promoted;
E. To make or cause to be made such surveys, studies, maps, plans, or charts of
the City with due regard to its relation to neighboring territory as may be
determined as necessary to carry out the purposes of the commission;
F: To recommend amendments to all or parts of the Comprehensive Plan in
response to the community planning process, upon its own initiative or upon
recommendation presented by the Zoning Advisory Commission, but only after
a public hearing;
G. To review proposed urban renewal plans and urban revitalization plans for
consistency with the Comprehensive Plan;
H. To undertake public information efforts to enhance public understanding of the
community planning process generally and the Comprehensive Plan
specifically; and
I. To undertake from time to time other specific long range planning projects
which may be referred to the commission by the City Council. (Ord. 41-17,
9-5-2017)
April 2021
City of Dubuque
DUBUQUE, IOWA
Instruction Sheet
2021 S-3 Supplement - April 2021
REMOVE OLD PAGES
INSERT NEW PAGES
VOLUME I
Cover Page
Cover Page
Preface
Preface
2-5E-1 through 2-513-1313 (4 pages)
2-5I3-1 through 2-513-13I3 (4 pages)
VOLUME II
Cover Page
CoverPage
13-1C-1 through 13-1C-4C (4 pages)
13-1C-1 through 13` 1C-4C (4 pages)
13-2C-1 through 13-2C-5A (4 pages)
13-2C'-1 through 13=2C-5A (4 pages)
13-4-5 through 13-4-7A (2 pages)
13-4-5 through 13-4-7A (2 pages)
13-4-10 (with such covenant..',) through
13-7-10 (with such covenant...)
13-4-13 (2 pages)
through 13-4-13 (2 pages)
13-5-1 through 13-5-1 (ILLICIT
13-5-1 through 13-5-1 (ILLICIT
CONNECTION) (2 pages)
CONNECTION) (2 pages)
13-5-1 (WASTEWATER) through
13-5-1 (WASTEWATER);` through
13-5-9136 (4 pages)
13-5-9136 (4 pages)
13-6-1 through 13-6-9 (7 pages)
13-6-1 through 13-6-9 (7 pages)
13-6A-1 through'13-6A-9 (11pages)
13-6A-1 through 13-6A-9`(12 pages)
15-2-1 through 15-2-13 (4 pages)
15-2-1 through 15-2-13 (4 pages)
BNB
4121
(
of
IN
Code current through:
Ord. 10-21, passed 3-24-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street � Suite 310 � Cincinnati, Ohio 45202
1-800-445-5588 � www.amlegal.com
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 10-21, passed March 24, 2021.
Ordinances of the City adopted after said ordinance
supersede the provisions of this code to the extent
that they are in conflict or inconsistent therewith.
Consult the City office in order to ascertain whether
any particular provision of the code has been
amended, superseded or repealed.
Sterling Codifiers
Cincinnati, Ohio
City of Dubuque
April 2021
2-58-1 2-513-3
CHAPTER
HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS
ARTICLE B. HOUSING COMMISSION
SECTION:
2-513- 1:
Commission Created
2-56- 2:
Purpose
2-58- 3:
Internal Organization And Rules
2-5E3- 4:
Procedures For Operation
2-513- 5:
Membership
2-513- 6:
Oath
2-58- 7:
Terms
2-513- 8:
Vacancies
2-56- 9:
Officers/Organization
2-513-10:
Meetings
2-513-11:
Compensation
2-56-12:
Removal
2-58-13:
Powers
2-513-14:
Project Approval
2-513-15:
Monitor Housing Program; Conduct Hearings On Grievances
2-513-1: COMMISSION CREATED:
There is hereby created the housing commission. (Ord. 67-15, 10-19-2015)
2-513-2: PURPOSE:
The purpose of the commission is to undertake and carry out studies and analysis
of housing needs and the meeting of such needs; to recommend proposed projects
in the area of low and moderate income housing for the citizens of the city; to
monitor the city's housing programs; and to conduct grievances regarding the rental
assistance program, except in the area of property maintenance code enforcement.
(Ord. 31-16, 6-20-2016, eff. 7-1-2016)
2-513-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
November 2016
City of Dubuque
2-5B-3
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 67-15, 10-19-2015)
2-5B-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 67-15, 10-19-2015)
2-513-5: MEMBERSHIP:
A. Number: The commission comprises ten (10) residents of the city.
B. Age: Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. At least three (3) members must be selected specifically on the basis of
experience in real estate development, banking, finance, accounting, funds
management, or other related areas of expertise.
2. One (1) member must be a person who is a recipient of tenant based
rental assistance under section 8 of the United States Housing Act of 1937,
whose name appears on a lease of section 8 property. If such member ceases
to be a recipient of rental assistance under section 8, the term of such member
is deemed terminated and a new member who meets the requirements of this
subsection must be appointed for the remainder of the term.
3. The remaining members are at -large members.
4. Cross -Representation:
a. One (1) member must be appointed by the commission, with city
council approval, to serve on the community development advisory
commission.
b. One (1) member must be appointed by the commission, with city
council concurrence, to serve on the long range planning advisory commission.
(Ord. 74-15, 12-7-2015; amd. Ord. 5-21, 2-15-2021)
2-513-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute
an oath of office at the first meeting of the commission following the appointment
April 2021
City of Dubuque
2-513-6 2-5B-10
a' or reappointment or at the city clerk's office any time prior to the first meeting of the
commission. (Ord. 67-15, 10-19-2015)
2-5B-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The terms of the cross representative
appointees to the community development advisory commission and the long range
planning advisory commission must coincide with their terms on the housing
commission. (Ord. 67-15, 10-19-2015; amd. Ord. 5-21, 2-15-2021)
2-58-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 67-15,
10-19-2015)
2-5 B-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term. (Ord. 67-15
10-19-2015)
2-5B-10: MEETINGS:
A. Regular Meetings: The commission must meet monthly.
B. Special Meetings: Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
April 2021
City of Dubuque
2-5B-10
2-5B-13
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
each meeting, or by the next regularly scheduled city council meeting,
whichever is later.
F. Quorum: Six (6) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 67-15,
10-19-2015)
2-513-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 67-15, 10-19-2015)
2-5B-12: REMOVAL:
Except as provided in subsection 2-5B-10D1 of this chapter, the city council may
remove any commissioner for good cause. (Ord. 67-15, 10-19-2015)
2-58-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To contribute as appropriate in the planning, coordinating, and review of
housing development;
B. To conduct public hearings to ensure meaningful citizen input in the planning,
implementation, and assessment of the city's housing programs;
C. To provide for and encourage the participation of low and moderate income
persons in the planning, implementation, and assessment of housing
programs;
D. To provide input into the community planning process and to assist in
accomplishing a coordinated and consistent housing development program of
the city in accordance. with present and future housing needs;
December 2015
City of Dubuque
CITY CODE
OT
Code current through:
Ord. 10-21, passed 3-24-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street 4 Suite 310 � Cincinnati, Ohio 45202
1-800-445-5588 -0- www.amlegal.com
c
13-1 C-1
13-1 C-1
CHAPTER 1
WATER USE AND SERVICE
ARTICLE C. RATES
SECTION:
13-1 C-1:
Residential, Commercial, Industrial And All Other Uses
13-1 C-2:
Fire Sprinkler Service
13-1 C-3:
Construction Use
13-1 C-4:
Payment Of Bills
13-1 C-1:
RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL
OTHER USES:
A. Rates Established: The rates to be charged for water for residential,
commercial, industrial and all other uses and purposes by any person, firm or
corporation within the City shall be based on units of one hundred (100) cubic
feet (748 gallons) or per gallon as follows:
Monthly Consumption
(In Hundreds Of Cubic Feet)
Charge Per
Hundred Cubic Feet
First 30
$3.97
Next 120
3.23
Next 350
3.00
Next 500
2.65
Over 1,000
2.35
Monthly Consumption
(In Gallons)
Charge Per Gallon
First 22,440
$0.00527
Next 89,760
0.00432
Next 261,800
0.00403
Next 374,000
0.00355
Over 748,000
0.00311
Rates shall be subject to the following minimum monthly charge according to
the size of the meter:
April 2021
City of Dubuque
13-1 C-1
13-1 C-1
Meter Size
(Inches)
Monthly
Consumption
(In Hundreds Of
Cubic Feet)
Monthly
Consumption
(In Gallons)
Minimum
Charge
5/8
2
1,496
$ 7.88
3/4
5
3,740
19.71
1
8
5,984
31.54
11/2
26
19,448
102,49
2
46
34,408
169.96
3
106
79,288
363.84
4
168
125,664
560.28
6
368
275,264
1,163.17
8
625
467,500
1,893.00
A property owner shall pay a fifty dollar ($50.00) disconnect fee for water
service that is disconnected by the City for a meter not in service. When a
tenant account is subject to disconnection due to delinquency, the tenant shall
pay the fifty dollar ($50.00) disconnect fee.
A fifty dollar ($50.00) service call fee shall be charged to property owners or
tenant account for those service calls that are determined to be related to
customer negligence.
A seven dollars and twenty one cents ($7.21) minimum monthly charge shall
be assessed for meters not in service.
B. Rates Outside City Limits: The rates to be charged for water supplied by the
City to residential, commercial, industrial and other uses and purposes by any
person outside the corporation limits of the City, shall be at one hundred fifty
percent (150%) of the rates set forth in subsection A of this section.
C. Estimated Billings: For all meters in service, bills will be issued monthly. When
a meter is not read monthly for any reason, bills will be issued on estimated
consumption. For estimated billings, either on alternate months or when
readings are not obtainable for any reason, consumption will be predicated on
the monthly average of past usage for the meter. For estimated bills issued for
an account in which historical data is not available, billing will be predicated on
the minimum charge and related consumption identified for the size of the
meter in service for the particular account.
April 2021
City of Dubuque
13-1 C-1
13-1 C-2
D. Adjustments From Estimated Readings: Adjustments from estimated readings
will be made when an actual meter reading is obtained. The adjustment will be
reflected on the user's next regular bill.
E. Residential Rate Exception: The city manager shall establish a policy for
evaluating cases of extreme financial hardship and the city's ability to make
adjustments in the monthly residential rate as determined by the terms and
conditions of the policy and the funds allocated, and available, through the
budget process. (2007 Code § 44-201; amd. Ord. 15-19, 3-7-2019, eff.
7-1-2019; Ord. 14-20, 4-23-2020; Ord. 23-20, 6-1-2020; Ord. 6-21, 3-24-2021,
eff. 7-1-2021)
13-1 C-2: FIRE SPRINKLER SERVICE:
Customers who have fire sprinkler service shall be billed for this service on a
monthly basis. The monthly charge shall be as follows:
Current Number Of Heads
Monthly Charges
Up to 200 (minimum)
$ 24.17
200 - 299
29.02
300 - 399
33.79
400 - 599
38.68
600 - 799
43.47
800 - 999
48.33
1,000 - 1,199
53.18
1,200 - 1,399
57.96
1,400 - 1,599
62.80
1,600 - 1,799
67.65
1,800 - 1,999
72.44
2,000 - 2,199
77.29
2,200 - 2,399
82.12
2,400 - 2,599
86.96
2,600 - 2,799
91.79
2,800 - 2,900
96.74
April 2021
City of Dubuque
13-1 C-2
13-1 C-4
Current Number Of Heads Monthly Charges
3,000 - 3,499 101.44
Over 3,500 (for each additional 500 I 4.82
heads or fraction thereof)
(Ord. 16-19, 3-7-2019, eff. 7-1-2019; amd. Ord. 15-20, 4-23-2020; Ord. 7-21,
3-24-2021, eff. 7-1-2021)
13-1 C-3: CONSTRUCTION USE:
A. Application For Temporary Water Service; Deposit: When a temporary water
service is desired for construction work, application shall be made to the City
Manager. A deposit equal to the actual cost of the meter and fittings shall be
paid in advance. The applicant shall guarantee payment of such water service
charges and return said meter in good condition.
B. Installation Of Meter: The applicant shall thereupon install a suitable meter,
furnished by the City, and shall pay for all water furnished in accordance with
the then prevailing water rates including minimum monthly charges.
C. Payment Of Charge When Installation Of Meter Impractical: If it is the opinion
of the City Manager that placement of a meter is impractical, then the deposit
for meter and fittings shall not be required, but a charge, as determined by the
City Manager, after official publication, shall be made, but under no
circumstances shall water be used for sprinkling lawns, wetting down yards or
compacting of soil unless a meter has been installed on the service, or
arrangements have been made for such usage.
D. Water Rate For Various Other Purposes: The rate for water charged for other
purposes not mentioned herein, such as for circuses, carnivals, fairs, skating
rinks, swimming pools, tank wagons and filling cisterns will be made by the City
Manager when application is made for the same at the Water Office. (2007
Code § 44-203)
13-1 C-4: PAYMENT OF BILLS:
A. Locations For Payment Of Bills: Payment of bills may be made at locations that
have been designated by the City Manager, after official publication.
B. Due When Rendered: All utility bills are due when rendered. (Ord. 31-08,
5-5-2008)
C. Late Payments; Procedure Upon Delinquency:
April 2021
City of Dubuque
13-2C-1
13-2C-2
CHAPTER 2
SEWERS AND SEWAGE DISPOSAL
ARTICLE C. RATES
SECTION:
13-2C-1:
Purpose
13-2C-2:
Definitions
13-2C-3:
Rates Established
13-2C-4:
Areas Not Served By Public System
13-2C-5:
Lien For Failure To Pay
13-2C-8:
Cost Of Collection
13-2C-1: PURPOSE:
It is hereby determined and declared to be necessary and conducive to the
protection of the public health, safety, welfare and convenience of the City to levy
and collect just and equitable charges, rates or rentals upon all lots, parcels of real
estate and buildings that are connected directly or indirectly with the sanitary
sewage system of the City, the proceeds of such charges or rentals so derived to
be used for the purpose of constructing, operating, maintaining and repairing such
sewage treatment plant. (2007 Code § 44-82)
13-2C-2: DEFINITIONS:
The following words and terms, as used in this article, shall be deemed to mean and
be construed as follows:
CONTRIBUTOR: Any person responsible for the
production of domestic, commercial or
industrial waste which is directly or
indirectly discharged into the City's
sanitary sewer system.
SEWAGE SERVICE CHARGE:
Any and all rates, charges, fees or
rentals levied against and payable by
the contributors, including special
contracts or agreements which have
been or may be negotiated by and
between the City, commercial
establishments, industries,
manufacturing plants or corporations
for the purpose of collecting rates,
charges, fees or rentals.
August 2020
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13-2C-2
13-2C-3
SEWAGE TREATMENT PLANT: Any and all units of the Municipal
sewage treatment system owned and
operated by the City, including the
interceptor sewer system, the pumping
stations delivering sewage to the plant
and the outfall sewer system.
WATER DEPARTMENT: The City Water Department. (2007
Code § 44-81)
13-2C-3: RATES ESTABLISHED:
Contributors whose property lies within the corporate limits of the City, except as
otherwise provided in this article, shall pay to the City at the same time payment for
water services is made, a sewer service charge computed on water consumption
on the following rates:
A. Basic Charges:
1 o The sewer rates and charges shall be based on the quantity of water used
on or in the property or premises. For all customers utilizing sewer service, bills
will be issued on estimated consumption. For estimated billings, either on
alternate months, or when a reading on a water meter is not obtainable for any
reason, consumption will be predicated on the monthly average of the past
usage for the metered account. For estimated bills issued for an account in
which historical data is not available, billing will be predicated on the minimum
charge and related consumption identified in subsection C7 of this section for
the size of the water meter in service for the particular account. (2007 Code
§ 44-83)
2. Basic Charge Exception: The city manager shall establish a policy for
evaluating cases of extreme financial hardship for residential customers and
the city's ability to make adjustments in the monthly basic charge for residential
customers as determined by the terms and conditions of the policy and the
funds allocated, and available, through the budget process.
B. Schedule Of Rates:
Rate per each 100 cubic feet $5.42
Rate per each gallon 0.00725
C. Service Charge:
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13-2C-3
13-2C-3
1. When a parcel of real estate, property or building discharging sanitary
sewage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is not a user of water supplied
by the City Water Division and the water used thereon or therein is not
acceptable to the City, the amount of water used shall be determined by the
City in such a manner as the City Manager may elect to establish the rate of
charge as provided in this article, or the owner or other interested parties at
their expense, may install and maintain a meter acceptable to the City for said
purposes.
2. When a parcel of real estate, property or building discharging sanitary
sewerage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is a user of water supplied by
the City Water Division and in addition uses water from another source which
is not measured by a water meter or is measured by a water meter not
acceptable to the City, the amount of water used shall be determined by the
City in such a manner as the City Manager may elect in order to establish the
rate of charge as provided in this article, or the owner or other interested
parties at their expense may install and maintain a meter acceptable to the City
for said purposes.
3. When a parcel of real estate, property or building discharging sanitary
sewage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is not a user of water supplied
by the City Water Division, the amount of sanitary sewage, industrial wastes,
water or other approved waste discharged into the sanitary sewer system shall
be determined by the City in such a manner as the City Manager may elect in
order to establish the rate of charge as provided in this article, or the owner or
other interested parties at their expense, may install and maintain a sewage
meter acceptable to the City for said purposes.
4. The City Council may, in its discretion, when applicable, permit connection
to the City sanitary sewer system of properties located outside the corporate
limits upon such terms and conditions as it may establish; provided, however,
that such terms shall not be more favorable to such property than rates herein
established for City users.
5. In order that the rates and charges may be modestly and equitably
adjusted to the service rendered, the City shall have the right to base its
charges not only on volume, but also on the strength and content of the
sewage and wastes of the user. The City shall have the right to measure and
determine the strength and content of all sewage and wastes discharged either
directly or indirectly into the City's sanitary sewer system, in such manner and
by such methods as it may deem practicable in the light of the conditions and
circumstances of the case in order to determine the proper charge. Extra
charges will be applicable and negotiated with users on an individual account
basis when concentration of the sewage exceeds three hundred milligrams per
August 2020
City of Dubuque
13-2C-3
13-2C-5
liter (300 mg/L) of biochemical oxygen demand, three hundred fifty milligrams
per liter (350 mg/L) of suspended solids or two percent (2%) or more of the flow
rate into the sewage treatment plant.
6. The rates and charges may be billed to the tenant and tenants occupying
the properties served, unless otherwise requested in writing by the owners, but
such billings shall in no way relieve the ownerfrom liability in the event payment
is not made as required in this article. (2007 Code § 44-83)
7. Where the quantity of water consumed is such that the minimum of service
is charged, the minimum sewer service charge, according to the size of the
meter, shall be as follows:-
Meter maize
(Inches)
Minimum
Charge
Allowance
(Cubic Feet) I
Allowance
(Gallons)
5/8
$10.85
200
1,496
3/4
27.12
500
3,740
1 or larger
43.38
800
5,984
(Ord. 10-17, 3-7-2017, eff. 7-1-2017; amd. Ord. 17-19, 3-7-2019, eff. 7-1-2019; Ord.
16-20, 4-23-2020; Ord. 24-20, 6-1-2020; Ord. 8-21, 3-24-2021, eff. 7-1-2021)
13-2C-4: AREAS NOT SERVED BY PUBLIC SYSTEM:
The rates, service charges, rentals or fees as provided in this article shall become
effective at the time sewage from the contributors is first directed to the sanitary
sewer system. At the time sanitary sewers are constructed in areas not now served
by a sanitary sewer system, contributors shall be granted a reasonable time to
make connection to the sewer. The effective date of the sewage service charge and
the reasonable time to connect to the sanitary sewer system will be determined by
the City Manager. (2007 Code § 44-84)
13-2C-5: LIEN FOR FAILURE TO PAY:
A. Lien For Delinquent Rates And Charges: The city shall have a lien upon the
real property served by the sanitary system for all delinquent rates and
charges. Bills for sewage charges shall be delinquent when the same are
unpaid for a period of twenty five (25) days following the billing date, and if not
paid, a penalty of five percent (5%) shall be added to the sewage bill.
April 2021
City of Dubuque
13-4-5
13-4-5
13-4-5: SFU RATE, CHARGES; UTILITY REVENUES:
A. Square Feet Equivalency: For purposes of this chapter, an SFU shall be
equivalent to two thousand nine hundred seventeen (2,917) square feet of
impervious property.
B. Monthly Service Charge: Except as provided in this chapter, every contributor
owning or occupying a single-family residential property, multi -family residential
property, or a nonresidential property, other than exempt property, shall pay to
the city, at the same time payment is made for water service, sanitary sewer
or refuse, a stormwater management charge to be determined and billed as
provided in this chapter. In the event the owner and the occupant of a particular
property are not the same, the liability for payment of the stormwater
management charge attributable to that property shall be joint and several as
to the owner and occupant. The stormwater management charge shall be a
monthly service charge and shall be determined by this chapter and the SFU
rate which is established in this chapter and from time to time adjusted as
provided in this chapter.
C. Application And Computation: The stormwater management charges provided
in sections 13-4-6 through 13-4-8 of this chapter shall be applied and computed
for each contributor during the customary billing periods as to all bills mailed by
the city treasurer, and such charges shall thereafter be paid and collected as
provided in this chapter.
D. Rates Established: The SFU rate to be applied to residential and nonresidential
properties shall be $8.85 per SFU.
E. Authority To Adjust Rate: If at any time the director determines that the SFU
rate and/or the budget for the stormwater management utility system requires
adjustment, the directorshall report such determination to the city manager and
city council. The city council may at any time adjust the SFU rate by adoption
of an ordinance amending this section, and may at any time adjust the budget
for the stormwater management utility system by adoption of an appropriate
resolution.
F. Policy On Expenditure Of Revenues: The city council hereby establishes a
formal policy regarding the expenditure of stormwater management utility
revenues as follows:
1. The city manager shall develop and implement a cost accounting system,
capable of accurately recording and segregating charges to the system by all
departments of the city, to include the cost of personnel, machinery, contract
equipment and construction, supplies, depreciation, and any and all
miscellaneous expenses and purchases.
April 2021
City of Dubuque
13-4-5
13-4-7
2. No revenues generated by the stormwater utility user fee shall be used for
any purpose other than stormwater expenses. (2007 Code § 44-274; amd. Ord.
16-14, 3-5-2014; Ord. 3-20, 1-21-2020; Ord. 21-20, 6-1-2020; Ord. 10-21,
3-24-2021)
13-4-6: SINGLE-FAMILY RESIDENTIAL PROPERTY:
A. Percentage Of SFU Rate: The stormwater management charge for a single-
family residential property shall be the following percentage of the SFU rate:
Impervious Area Of Property
(Square Feet)
SFU Rate
1,471 or less
50 percent
1,472 to 4,374
100 percent
4,375 or more
150 percent
B. Commencement Of Charge: As to a new single-family residence, the
stormwater management charge attributable to that residence shall commence
upon the earlier of the following:
The issuance of a permanent water meter.
2. If no water meter is issued for that development or if development has
halted, on the date that the director or the director's designee determines in
reasonable judgment that the development is substantially complete or has
been halted for at least three (3) months.
C. Charge Exception: The city manager shall establish a policy for evaluating
cases of extreme financial hardship for single-family residential customers and
the city's ability to make adjustments in the monthly charge for single-family
residential customers as determined by the terms and conditions of the policy
and the funds allocated, and available, through the budget process.
D. Appeal Determination Of Charge: Any owner or occupant of a residential
property aggrieved by the director's calculation of the stormwater management
charge as provided in this section may appeal such determination to the
director as provided in section 13-4-9 of this chapter. (2007 Code § 44-275;
amd. Ord. 21-20, 6-1-2020)
13-4-7: NONSINGLE-FAMILY RESIDENTIAL PROPERTY:
A. The stormwater management charge for a non-singlefamily residential property
shall be the following percentage of the SFU rate multiplied by the number of
dwelling units on the property:
April 2021
City of Dubuque
13-4-10
13-4-13
with such covenant and shall certify the rate to the city manager. The city
manager shall inform the city council of the revised SFU rate at the time that
the resolution to take additional action for the issuance of such bonds is
submitted to the council for its review and approval. Upon council approval of
such resolution, the city manager shall publish the revised SFU rate once in a
newspaper of general circulation, shall give notice thereof to contributors if and
as required by applicable state or federal law, and shall proceed to impose and
collect the rate commencing with the next available billing cycle. (2007 Code
§ 44-281)
13-4-11: BILLING, DELINQUENT ACCOUNTS AND COLLECTION
PROCEDURES:
A. Billing Procedure: The procedures for billing of the stormwater management
service charges provided in sections 13-4-6 through 13-4-8 of this chapter and
for the collection of delinquent stormwater management service charges are
as provided in section 13-1 C-4 of this title.
B. Billing Directly For Stormwater Management Services: Contributors who are not
billed by the city for water, sanitary sewer or refuse will be directly billed for
stormwater management services by the city. In such instances, the billing and
collection of stormwater management charges is subject to the same rules and
procedures as to delinquency in payment, certification of de►inquency, and
property lien as provided in section 13-1 C-4 of this title. (Ord. 55-12,
9-17-2012)
13-4-12: ANNUAL REVIEW OF SFU RATE:
Under this chapter, the director shall review the SFU rate annually and revise the
rate as necessary to ensure that the system generates adequate revenues to pay
total annual revenue requirements. (2007 Code § 44-283)
13-4-13: EXPENSES OF COLLECTION OF CHARGES:
( The incremental cost of collecting and accounting for all stormwater management
charges, including reasonable compensation to the city treasurer; the maintenance
of all books and records; the employment of necessary personnel; the cost of all
books, records, materials and supplies; the obtaining and maintaining of all office
and storage space; and all other costs and expenses reasonably necessary in
connection therewith or incidental thereto, shall be a part of the cost of operating the
stormwater utility and shall be incurred when the city treasurer, in the exercise of his
April 2021 Repl.
City of Dubuque
13-4-13
13-4-13
or her judgment, shall so determine. The incremental cost thereof shall be deducted
by the director of finance and budget, upon his or her certification as to the amount
thereof, from the remittance to which it relates, subject to the condition that any
proposed change in any method of computing such incremental cost may be
effective prospectively only and only after such proposed change shall have been
submitted to and approved by the city council. (2007 Code § 44-286; amd. Ord.
3-20, 1-21-2020)
April 2021 Repl.
City of Dubuque
13-5-1
13-5-1
CHAPTER
ILLICIT CONNECTIONS AND DISCHARGES
TO STORM SEWER SYSTEM
SECTION:
13-5- 1:
Definitions
13-5- 2:
Applicability
13-5- 3:
Responsibility For Administration
13-5- 4:
Severability
13-5- 5:
Ultimate Responsibility
13-5- 6:
Discharge Prohibitions
13-5- 7:
Suspension Of MS4 Access
13-5- 8:
Industrial Or Construction Activity Discharges
13-5- 9:
Monitoring Of Discharges
13-5-10:
Prevent, Control And Reduce Pollutants By Use Of BMPs
13-5-11:
Watercourse Protection
13-5-12:
Notification Of Spills
13-5-13:
Enforcement
13-5-14:
Appeal Of Notice Of Violation
13-5-15:
Enforcement Measures After Appeal
13-5-16:
Cost Of Abatement Of Violation
13-5-17:
Injunctive Relief
13-5-18:
Violations Deemed Public Nuisance
13-5-19:
Remedies Not Exclusive
13-5-1: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
BEST MANAGEMENT Schedules of activities, prohibitions of practices,
PRACTICES (BMPs): general good housekeeping practices, pollution
prevention and educational practices, maintenance
procedures, and other management practices to
prevent or reduce the discharge of pollutants directly
or indirectly to stormwater, receiving waters, or
stormwater conveyance systems. BMPs also include
City of Dubuque
13-5-1
13-5-1
treatment practices, operating procedures, and
practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw
materials storage.
CITY MANAGER:
The city manager or the city manager's designee.
CLEAN WATER ACT:
The federal water pollution control act, 33 USC
section 1251 et seq., and any amendments thereto.
CONSTRUCTION
Activities subject to NPDES construction permits that
ACTIVITY:
result in disturbance of one acre or more. Such
activities include, but are not limited to, clearing and
grubbing, grading, excavating, filling, and demolition.
GEOTHERMAL PUMP
A system that uses a pump to extract water from an
AND DUMP SYSTEM:
underground aquifer, circulates the water through a
heating or cooling system, and discharges the water
as nonstormwater discharge.
HAZARDOUS
Any material, including any substance, waste, or
MATERIALS:
combination thereof, that because of its quantity,
concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute
to, a substantial present or potential hazard to
human health, safety, property, or the environment
when improperly treated, stored, transported,
disposed of, or otherwise managed.
ILLEGAL DISCHARGE:
Any director indirect nonstormwater discharge to the
municipal separate storm sewer system, orwaters of
the state except as exempted in subsection 13-5-613
of this chapter.
ILLICIT CONNECTION:
Either of the following:
A. Any drain or conveyance, whether on the
surface or subsurface, which allows an illegal
April 2021
City of Dubuque
13-5-1
13-5-6
WASTEWATER: Any water or other liquid, other than uncontaminated
stormwater, discharged from a facility.
WATERS OF THE Both surface waters and ground waters within the
STATE: boundaries of the state of Iowa and subject to its
jurisdiction. (2007 Code § 44-290; amd. Ord. 52-20,
12-21-2020)
13-5-2: APPLICABILITY:
i" This chapter shall apply to all water entering the MS4 generated on any developed
and undeveloped lands unless explicitly exempted by the city manager. (2007 Code
§ 44-291)
13-5-3: RESPONSIBILITY FOR ADMINISTRATION:
The city manager shall administer, implement, and enforce the provisions of this
chapter. (2007 Code § 44-292)
13-5-4: SEVERABILITY:
The provisions of this chapter are hereby declared to be severable. If any provision,
clause, sentence, or paragraph of this chapter or the application thereof to any
person, establishment, or circumstances shall be held invalid, such invalidity shall
not affect the other provisions or application of this chapter. (2007 Code § 44-293)
13-5-5: ULTIMATE RESPONSIBILITY:
The standards set forth herein and promulgated pursuant to this chapter are
minimum standards; therefore, this chapter does not intend nor imply that
compliance by any person will ensure that there will be no contamination, pollution,
nor unauthorized discharge of pollutants. (2007 Code § 44-294)
13-5-6: DISCHARGE PROHIBITIONS:
A. Prohibition Of Illegal Discharges: No person shall discharge or cause to be
discharged into the MS4 or watercourses any of the following:
1. Materials, including, but not limited to, pollutants, waters containing
pollutants, nonstormwater discharge, or those that cause or contribute to a
violation of applicable water quality standards.
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City of Dubuque
13-5-6
13-5-6
2. Geothermal pump and dump system discharges without the express
written consent of the city manager. The city manager may allow such
discharge if it does not present or will not present an imminent and substantial
danger to the operation of the MS4, public property, private property, the
environment, or to the health or welfare of persons, or waters of the state.
B. Exemptions: The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited except as described as
follows:
1. The following discharges are exempt from discharge prohibitions
established by this chapter: water line flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising ground
water, ground water infiltration to storm drains, sump pump discharge,
foundation or footing drains (not including active ground water dewatering
systems), crawl space pumps, air conditioning condensation, springs,
noncommercial washing of vehicles, natural riparian habitat or wetland flows,
swimming pools (if dech►orinated - typically less than 1 PPM chlorine),
firefighting activities, and any other water source not containing pollutants.
2. Discharges specified in writing by the city manager as being necessary to
protect public health and safety.
3. Dye testing is an allowable discharge, but requires a verbal notification to
the city manager prior to the time of the test.
4. The prohibition shall not apply to any nonstormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to the
discharger and administered under the authority of the environmental
protection agency, provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any
discharge to the storm drain system.
C. Prohibition Of Illicit Connections: The construction, use, maintenance or
continued existence of illicit connections to the storm drain system is prohibited.
1. This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible under
law or practices applicable or prevailing at the time of connection.
City of Dubuque
13-5-6
13-5-9
2. A person is considered to be in violation of this chapter if the person
connects a line conveying sewage to the MS4, or allows such a connection to
continue. (2007 Code § 44-295; amd. Ord. 52-20, 12-21-2020)
13-5-7: SUSPENSION OF MS4 ACCESS:
A. Suspension Due To Illicit Discharges In Emergency Situations: The city
manager may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the MS4 or waters of
the United States. If the violator fails to comply with a suspension order issued
in an emergency, the city manager may take such steps as deemed necessary
to prevent or minimize damage to the MS4 or waters of the state, or to
minimize danger to persons.
B. Suspension Due To Detection Of Illicit Discharge: Any person discharging to
the MS4 in violation of this chapter may have the person's MS4 access
terminated if such termination would abate or reduce an illicit discharge. The
city manager shall notify a violator of the proposed termination of its MS4
access. The violator may petition the city manager for a reconsideration and
hearing.
C. Reinstatement Without Approval: A person commits an offense if the person
reinstates MS4 access to premises terminated pursuant to this section, without
the prior approval of the city manager. (2007 Code § 44-296)
13-5-8: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES:
Any person subject to an industrial or construction activity NPDES stormwater
discharge permit shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the city manager prior to
the allowing of discharges to the MS4. (2007 Code § 44-297)
13-5-9: MONITORING OF DISCHARGES:
A. Applicability: This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction activity.
April 2021
City of Dubuque
13-5-9
13-5-9
B. Access To Facilities: The city manager shall be permitted to enter and inspect
facilities subject to regulation under this chapter as often as may be necessary
to determine compliance with this chapter. If a discharger has security
measures in force that require proper identification and clearance before entry
into its premises, the discharger shall make the necessary arrangements to
allow access to representatives of the city manager.
1. Facility operators shall allow the city manager ready access to all parts of
the premises for the purposes of inspection, sampling, examination and
copying of records that must be kept under the conditions of an NPDES permit
to discharge stormwater, and the performance of any additional duties as
defined by state and federal law.
2. The city manager shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the city manager to conduct
monitoring and/or sampling of the facility's stormwater discharge.
3. The city manager shall have the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
4. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the
operator at the written or oral request of the city manager and shall not be
replaced. The costs of clearing such access shall be borne by the operator.
5. Unreasonable delays in allowing the city manager access to a permitted
facility is a violation of a stormwater discharge permit and of this chapter. A
person who is the operator of a facility with an NPDES permit to discharge
stormwater associated with industrial activity commits an offense if the person
denies the city manager reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this chapter.
6. If the city manager has been refused access to any part of
the premises from which stormwater is discharged, and he/she is
able to demonstrate probable cause to believe that there may be a
violation of this chapter, or that there is a need to inspect and/or sample as
City of Dubuque
13-6-1
13-6-1
CHAPTER 6
SOLID WASTE
SECTION:
13-6-1:
Definitions
13-6-2:
Deposits On Other Public Or Private Property
13-6-3:
Container Requirements; Collection Restrictions
13-6-4:
Wrapping And Draining Of Certain Solid Wastes
13-6-5:
Unlawful Accumulations
13-6-6:
Storage And Accumulation Restricted
13-6-7:
Hazardous And Prohibited Wastes Regulated
13-6-8:
Vehicles Hauling Solid Waste
13-6-9:
Use Of State Approved Dump Site Or Disposal Project
13-6-1: DEFINITIONS:
For the purpose of this chapter the following definitions shall apply:
BUILDING MATERIALS: Any material such as lumber, floor coverings, brick,
plaster, sheet metal or any other substances
accumulated as a result of repairs or additions to
existing buildings, construction of new buildings or
demolition of existing structures.
CLASS I PREMISES: Shall mean and include the following properties in
the City of Dubuque:
A. Single-family dwellings.
B. Multiple -family dwellings up to and including six
(6) dwelling units.
C. Dwelling units in business or commercial
premises.
Where two (2) or more laterally connected or joined
dwelling units, including condominiums, townhouses
and row houses, in which each dwelling unit has
separate access and utility service, each dwelling
unit shall constitute a single-family dwelling.
April 2021
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13-6-1 13-6-1
CLASS II PREMISES: Residential premises other than Class I residential
premises, located in the City of Dubuque, including:
A. Dwellings in trailer courts;
B. Schools, colleges, churches, convents, nursing
homes, rooming houses and other semiprivate
institutions; and
C. Multiple -family dwellings exceeding six (6)
dwelling units.
CLASS III PREMISES:
All business and commercial premises located in the
City of Dubuque, including that part of a residential
premises with a business or commercial use.
DWELLING:
Shall mean and include any building or portion
thereof containing one or more dwelling units.
DWELLING UNIT:
Shall mean and include one or more connected
rooms having complete' kitchen facilities and
arranged, designed or used as living quarters for
one family only.
FOOD SCRAPS:
Solid, semisolid and liquid animal and vegetable
residuals resulting from the handling, preparing,
cooking, storing, serving and consuming of food.
GARBAGE:
All solid and semisolid, putrescible animal and
vegetable wastes resulting from the handling,
preparing, cooking, storing, serving and consuming
of food or of material intended for use as food, and
all offal, excluding useful industrial byproducts, and
shall include all such substances from all public and
private establishments and from all residences.
HAZARDOUS WASTES: Waste materials, including, but not limited to,
poisons, pesticides, herbicides, acids, caustics,
biohazardous wastes, flammable or explosive
materials and similar harmful wastes which require
special handling and which must be disposed of in
such a manner as to conserve the environment and
protect the public health and safety.
OTHER Napkins, plates, cups, bowls, towels, tissues, and
COMPOSTABLE takeout containers made from paper as well as other
MATERIALS: materials as approved by the city manager.
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13-6-1
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OWNER: In addition to the record titleholder, any person
residing in, renting, leasing, occupying, operating or
transacting business in any premises and as
between such parties, the duties, responsibilities,
liabilities and obligations hereafter imposed shall be
joint and several.
PREMISES: A building or part of a building and its grounds
located in the City of Dubuque.
RECYCLABLE Materials, including, but not limited to, food container
MATERIALS: glass, aluminum, steel (tin) cans, no. 1 and no. 2
plastic bottles, uncontaminated newspapers and
glossy paper (magazines). Newspapers and glossy
paper shall be considered uncontaminated if they
have not been exposed to substances or conditions
rendering them unusable for recycling.
REFUSE: Putrescible and nonputrescible wastes including, but
not limited to, garbage, rubbish, ashes, incinerator
ash, incinerator residues, street cleanings, market
and industrial solid wastes and sewage treatment
wastes in dry or semisolid form.
RUBBISH: Nonputrescible solid waste consisting of combustible
and noncombustible wastes, such as furniture,
appliances, tires, building materials or similar
wastes.
SOLID WASTE: Garbage, refuse, rubbish, and other similar
discarded solid or semisolid materials, including, but
not limited to, such materials resulting from
industrial, commercial, agricultural, and domestic
activities. Solid waste includes vehicles. Solid waste
does not include toxic and hazardous wastes as
defined by the Iowa department of natural resources.
YARD WASTE: Debris such as grass clippings, leaves, garden
wastes, brush and trees as defined by the Iowa
Department of Natural Resources. Yard waste does
not include tree stumps. (Ord. 20-06, 3-2-2006, eff.
4-3-2006; amd. Ord. 17-20, 4-23-2020; Ord. 9-21,
3-24-2021, eff. 7-1-2021)
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13-6-2: DEPOSITS ON OTHER PUBLIC OR PRIVATE PROPERTY:
v
A. Prohibition: No person shall throw, rake, deposit, dump, drop, spill or store
(other than the placement of containers for collection as provided herein) any
solid waste or toxic and hazardous wastes upon the streets, sidewalks, rights
of way or any public or private property within the city.
B. Exception: This section shall not apply to junk dealers, auto salvage dealers,
pawnbrokers or secondhand dealers licensed under title 4, chapter 6 of this
code. (2007 Code § 40-17)
13-6-3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS:
A. Disposal In Containers; Preparation Of Waste For Disposal: Solid waste shall
be placed in bags secured with tags or otherwise sealed and placed in suitable
containers. However, it shall not be necessary to place books, boxes,
magazines or newspapers in containers, provided they are securely tied in
bundles or completely contained in disposable boxes not more than twenty by
thirty by forty-eight inches (20" x 30" x 48"). Tree limbs and carpet shall be
securely tied in bundles not more than forty-eight inches (48") long and
eighteen inches (18") in diameter.
B. Container Standards: A standard solid waste container shall be not more than
thirty-five (35) gallons nor be less than five (5) gallons in capacity except when
only one container is used, in which case such container may be less than five
(5) gallons in capacity. All such containers shall be waterproof and fitted with
a tight lid and shall have handles, bails, or other suitable lifting devices.
Containers shall be of a type originally manufactured for refuse or garbage,
with tapered sides for easy emptying, and shall be of lightweight and sturdy
construction. The weight of any individual standard container and its contents
shall not exceed forty (40) pounds. Galvanized steel and similar metal
containers, rubber containers, and plastic containers which do not become
brittle in cold weather, may be used. Oil or grease drums, paint cans, and
similar salvaged containers shall not be used. Disposable bags manufactured
for garbage and solid waste disposal shall be acceptable unless they are left
unattended for such a period of time or in such a location as to become a
health hazard.
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C. Healthcare Waste:
1. Except for Class II premises, healthcare waste shall be placed in suitable
containers separately from all other solid waste. Sharp objects such as
hypodermic needles, syringes and lancets shall be securely contained in hard
plastic or metal disposable containers with screw on or tightly secured lids for
collection. Broken glass and similar materials shall be placed in disposable
boxes with a secure closure. Other healthcare waste such as soiled bandages,
disposable sheets and medical gloves shall be placed in thick disposable
p►astic bags or shall be double bagged.
2. Class II premises shall comply with all occupational safety health
administration (OSHA) regulations concerning the disposal of potentially
infectious wastes.
D. Unacceptable Items For Collection: A basket, box or noncomplying solid waste
container shall be considered disposable solid waste and shall be removed by
the collection crews if it is the proper size and otherwise acceptable for
collection. It shall be left uncollected if it is larger than the allowable size or
otherwise unacceptable for collection.
E. Recycling Containers Provided: One curbside recycling container shall be
provided by the city to each dwelling unit in Class I premises for the collection
of recyclable materials.
F. Large And Bulky Rubbish: Large and bulky rubbish such as furniture and
appliances shall not be collected except when a special collection is established
by the city manager for the collection of such items. (2007 Code § 40-18; amd.
Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6-4: WRAPPING AND DRAINING OF CERTAIN SOLID WASTES:
All solid waste consisting of waste animal and vegetable matter which may attract
flies, dogs, cats, rodents and other animals shall be drained of all excess liquid,
wrapped in paper or disposable containers, and placed or stored, until collected, in
covered suitable containers as described in section 13-6-3 of this chapter. (2007
Code § 40-19)
13-6-5: UNLAWFUL, ACCUMULATIONS:
A. Health Or Sanitation Hazard: It shall be unlawful for any person to permit to
accumulate on any premises, improved or vacant, or on any public place in the
city, such quantities of solid waste, either in containers or not, that shall
constitute a health or sanitation hazard.
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B. Storage Within Or Close To Buildings: It shall be unlawful for any person to
accumulate quantities of refuse, papers, garbage, ashes or other solid waste
within or close to any building in the city, unless the same is stored in
containers in such a manner as not to create a health or fire hazard. (2007
Code § 40-20)
13-6-6: STORAGE AND ACCUMULATION RESTRICTED:
A. Storage In Metal Containers: Within the corporate limits of the city, all garbage
or refuse consisting of waste animal or vegetable matter upon which rats may
feed, and all small dead animals, shall be placed and stored until collected in
covered metal containers of a type prescribed by the health officer.
B. Dumping On Premises Or Waterways Prohibited: It is unlawful for any person
to dump or place on any premises, land or waterway, any dead animals, or any
waste vegetable or animal matter of any kind.
C. Providing Harborage For Rats: It shall be unlawful for any person to place,
leave, dump, or permit to accumulate any garbage, rubbish or trash in any
building or on any premises, improved or vacant, or on any open lot or alley in
the city so that the same shall or may afford food or harborage for rats.
D. Lumber And Boxes Placed On Elevated Racks: It shall be unlawful for any
person to permit to accumulate on any premises, improved or vacant, or on any
open lot or alley in the city any lumber, boxes, barrels, bottles, cans, containers
or similar material that may be permitted to remain thereon unless same shall
be placed on open racks that are elevated not less than eighteen inches (18")
above the ground, and evenly piled or stacked. (2007 Code § 31-74; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6-7: HAZARDOUS AND PROHIBITED WASTES REGULATED:
A. Deposits Prohibited Except For Special Collection: No person shall deposit in
a solid waste container or otherwise offer for city collection any hazardous
wastes or prohibited wastes, except when a special collection is established by
the city manager under subsection 13-6-317 of this chapter.
B. Transportation By Owner: Hazardous wastes and prohibited wastes shall be
transported by the owner to a sanitary disposal project licensed by the Iowa
Department of Natural Resources to accept such wastes.
C. Prohibited Wastes Described: "Prohibited wastes" includes, but is not limited
to, waste oils, lead acid batteries and tires. (2007 Code § 40-21; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
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13-6-8: VEHICLES HAULING SOLID WASTE:
A. Dropping, Sifting Or Leaking Of Load: No person shall haul any solid waste
upon the streets, alleys or public places of the city unless the vehicle used for
such purpose is so constructed or loaded or the load securely covered as to
prevent any of its load from dropping, sifting, leaking, or otherwise escaping or
its load covering from dropping from the vehicle, except that materials may be
dropped for the purpose of securing traction, or water or other substance may
be applied on a roadway in cleaning or maintaining such roadway.
B. Sanitary Condition: All vehicles, containers and dumpsters used for the
collection and removal of solid waste shall be kept in a clean, inoffensive, and
sanitary condition. All solid waste shall be handled in such a way as to prevent
the scattering, spilling or leakage of same. (2007 Code § 40-22)
13-6-9: USE OF STATE APPROVED DUMP SITE OR DISPOSAL PROJECT:
A. State Licensed Project: No person shall haul or cause to be hauled any solid
waste to any sanitary disposal project, dump site or any other area unless such
disposal project, dump site or other area is licensed by and in full compliance
with all regulations in the state in which it is located.
F. B. Filling Or Excavating; Permit Required: No person shall use dirt, stone, brick,
concrete or similar inorganic material forfill, landscaping, excavation or grading
without first obtaining a building permit, if required by other provisions of this
code, and only in conformance with all provisions of the zoning and subdivision
ordinances of this code. (2007 Code § 40-23)
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CHAPTER 6
SOLID WASTE
ARTICLE A. CITY OR PRIVATE COLLECTION SERVICE
SECTION:
13-6A-1:
City Manager's Authority Generally
13-6A-2:
Availability Of Collection Service
13-6A-3:
Frequency, Time And Areas Of Collection
13-6A-4:
Placement Of Containers For Collection
13-6A-5:
Ownership Of Materials; Unauthorized Collecting Prohibited
13-6A-6:
Rates And Charges Established; Exceptions
13-6A-7:
Charges; Billing And Collection
13-6A-8:
Yard Waste And Food Scraps
13-6A-9:
Private Collection Service
13-6A-1: CITY MANAGER'S AUTHORITY GENERALLY:
The City Manager is hereby authorized and directed to employ City owned vehicles
and equipment and the necessary operating personnel to collect solid waste, yard
waste and recyclable materials and to collect fees and administer the program as
provided for in this article in the City, upon the terms and conditions of this article.
(2007 Code § 40-31)
13-6A-2: AVAILABILITY OF COLLECTION SERVICE:
A. Collection service is provided within the City of Dubuque to residents and
businesses located within city limits as outlined below. The City Manager may
consider requests for service outside of city limits, in the City Manager's sole
discretion.
B. Class I Premises: City solid waste collection from residential premises as
defined in section 13-6-1 of this chapter shall be mandatory.
C. Class II Premises: Class II premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The
collection rate shall be determined according to the fee schedule set forth in
section 13-6A-6 of this article.
D. Class III Premises: Class III premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The
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collection rate shall be determined according to the fee schedule set forth in
section 13-6A-6 of this article.
E. Recycling Services: Class it premises not serviced by City solid waste
collection service and Class III premises may apply to the City Manager for
such recycling services. The collection rate shall be determined according to
the fee schedule set forth in section 13-6A-6 of this article.
F. Refusal Of Service: The City Manager may refuse solid waste collection service
or recycling services because of quantities or characteristics beyond the
capacity or capability to be handled efficiently or safely by City personnel and
equipment. (Ord. 14-19, 3-7-2019, eff. 7-1-2019; amd. Ord. 17-20, 4-23-2020;
Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-3: FREQUENCY, TIME AND AREAS OF COLLECTION:
A. Frequency And Time Of Collection: Collections shall be made not more than
once weekly at such time and in such areas of the City as shall be determined
and set out in schedules prepared by the City Manager in accordance with the
provisions of this article. All collections shall be made between the hours of six
o'clock (6:00) A.M. and nine o'clock (9:00) P.M.
B. Collection Schedule: The collection schedule shall not include official City
holidays unless otherwise determined by the City Manager. However, a
Saturday may be substituted as the collection day to replace the collection
which would otherwise be made on the day of the week the holiday occurs.
C. Authority To Change Schedule: The City Manager is hereby authorized and
empowered to change or amend the collection schedules from time to time as
the City Manager may deem necessary. (2007 Code § 40-33; amd. Ord. 17-20,
4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-4: PLACEMENT OF CONTAINERS FOR COLLECTION:
A. Alleys: Where collections are made from alleys, solid waste containers shall be
placed in one location for each dwelling, in clear view and at the owner's
property line abutting the alley and on the days designated in said schedule.
B. Streets: Where collections are made from the street, solid waste containers
shall be placed in one location for each dwelling, in clear view and in the street
right-of-way on the owner's property side of the curb and on the days
designated in said schedule. Such containers shall be placed so as not to
interfere with vehicular and pedestrian traffic and when emptied shall be
promptly removed by the owner.
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C. Time Limit For Placement Of Containers On Streets: No person shall place
solid waste or recycling at the street for collection more than twenty-four (24)
hours before the scheduled collection day. No person shall leave solid waste
containers or recycling containers at the street for more than twenty-four (24)
hours after the scheduled collection day.
D. Early Placement: All solid waste shall be placed at the designated collection
location for City collection by six o'clock (6:00) A.M. on the scheduled collection
day.
E. Duty When Solid Waste Not Collected: Any solid waste not in compliance with
this chapter shall not be collected by the City and shall be removed by the
owner within twenty=four (24) hours after the scheduled collection day and
stored in such a manner as not to create a health, safety or fire hazard. (Ord.
27-17, 6-5-2017; amd. Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff.
7-1-2021)
13-6A-5: OWNERSHIP OF MATERIALS; UNAUTHORIZED COLLECTING
PROHIBITED:
From the time of placement for collection as provided in section 13-6A-4 of this
article, all solid waste and recyclable materials and recycling containers which meet
the requirements of this chapter placed for collection by the City shall become and
be the property of the City and it shall be a violation of this section for any person
other than authorized personnel of the City to collect, pick up, or cause to be
collected or picked up, any such materials. (2007 Code § 40-35)
13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. Class I Premises:
1. Base Fee And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per dwelling unit per month
shall be paid to the City by the property owner of each Class I premises for
such solid waste collection services. Said fee shall be in payment for collection
and disposal of one (1) thirty five (35) gallon can or one (1) thirty five (35)
gallon trash bag of "solid waste" as defined in this chapter. There is no limit on
the number of bins allowed to be collected containing acceptable "recyclable
materials" as defined in this chapter.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
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(1) Carts Required: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class I premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a sixty-four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class I
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to
alley carts and multifamily dwellings opting to subscribe to solid waste cart(s)
must provide a minimum of thirty (30) gallons of capacity for each dwelling unit.
The City may, in its sole discretion, require additional capacity per unit if thirty
(30) gallons for each dwelling unit is insufficient. The City shall notify the
applicable account holder in writing of the additional capacity requirement.
3. Class I Premises Exceptions:
a. When a Class I premises has been vacant for a period not less than
two (2) consecutive months, the owner may apply to the City Manager for a
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r
credit under procedures to be established by the City Manager. Such credit
shall continue only so long as the Class I premises is vacant.
b. In cases of extreme financial hardship, the City Manager may, and is
hereby authorized and empowered to, make adjustments in the monthly
collection charges as the City Manager may deem appropriate. In such cases,
the City Manager shall have the authority to require such proof of financial
status or extreme hardship, as the City Manager may deem necessary.
c. When resident(s) of a Class I premises has an annual income equal
to or less than the income standards used by HUD for its "Section 8 Housing
Program" for the size of that household may, upon application to the City
Manager or designee, be exempted from one-half (1/2) the established
collection charge. After the initial application, annual application shall be made
by the account holder of the City of Dubuque utility bill for the premises to verify
annual income and eligibility.
B. Class II Premises:
1. Base Fees And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per month shall be paid to the
City by the property owner of each Class II premises for such solid waste
collection services. Said fee shall be in payment for collection and disposal of
one (1) thirty five (35) gallon can or one (1) thirty five (35) gallon trash bag of
"solid waste" as defined. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as defined.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
(1) Carts Required: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class II premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee fora forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty- four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
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b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class II
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month. t.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to
alley carts and multifamily dwellings opting to subscribe to solid waste cart(s)
must provide a minimum of thirty (30) gallons of capacity for each dwelling unit.
3. Termination: The owner of a Class II premises served by the City solid
waste collection may provide the City Manager with not less than fourteen (14)
days' written notice of intent to terminate the service. Such termination of
service shall be effective at the beginning of the next billing period after such
fourteen (14) day notice period.
4. Recycling Only: Upon approval of an application for City recycling
collection a fee of six dollars ($6.00) per month per unit shall be paid to the City
by the property owner of each Class II premises not serviced by City solid
waste collection services for recycling collection.
C. Class III Premises:
1. Base Fees And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per dwelling per month shall be
paid to the City by the property owner of each Class III premises for such
services. Said fee shall be in payment for collection and disposal of one (1)
thirty five (35) gallon can or one (1) thirty five (35) gallon trash bag of "solid
waste as defined. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as defined.
2. Solid Waste Cart Subscriptions:
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a. Mandatory Subscription Alleys:
(1) Required Carts: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class III premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty-four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: in the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class III
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine and dollars ($29.00) per month.
3. Termination: The owner of a Class III premises served by City solid waste
collection may provide the City Manager with not less than fourteen (14) days'
written notice of intent to terminate the service. Such termination of service
shall be effective at the beginning of the next billing period after such fourteen
(14) day notice period.
4. Recycling Only: Upon approval of an application for City recycling
collection a fee of six dollars ($6.00) per month per unit shall be paid to the City
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by the property owner of each Class III premises not serviced by City solid
waste collection services for recycling collection.
D. Unit Based Pricing: Collection options and charges under unit -based pricing for
Class I, II and III premises are as follows:
1. A yearly subscription for weekly collection of an additional standard solid
waste container, or containers, may be subscribed for an additional eight
dollars ($8.00) each per month.
2. Oversized, nonstandard rigid solid waste containers of up to fifty (50)
gallons in capacity may be subscribed as the one container covered under the
base monthly solid waste fee for an additional five dollars ($5.00) per month.
Such containers shall be holders for standard trash bags for manual removal
by City crews, shall not contain any loose material, and shall not be lifted and
dumped by crews. Individual trash bags held in the oversized container shall
weigh no more than forty (40) pounds.
3. A yearly subscription for weekly collection of an additional oversized solid
waste container, or containers, may be subscribed for an additional twelve
dollars ($12.00) each per month.
4. Official City of Dubuque single -use stickers costing one dollar and fifty
cents ($1.50) shall be applied to each additional standard solid waste container
or small bulky or bundled item in excess of the one standard solid waste }`
container collected under the base monthly solid waste fee or any additional
subscribed container(s).
5. Multiple -family dwellings of three (3), four (4), five (5), and six (6) dwelling
units as well as Class II or Class III premises sharing a common set out
location with other City solid waste customers shall only use approved rigid
solid waste containers with permanent identification as to the specific premises.
However, for the two (2) weeks following Christmas, excess solid waste may
be set out in trash bags with applied City of Dubuque single use stickers. The
capacity must be a minimum of thirty (30) gallons per dwelling unit.
E. Special Collection: The charge for a special collection service for large and
bulky rubbish to each dwelling unit receiving such service when requested by
the owner shall be as follows:
1. A fee of ten dollars ($10.00) shall be paid by the owner for each time the
service is provided for up to the equivalent of three (3) cubic yards of solid
waste.
2. An additional fee of twelve dollars and fifty cents ($12.50) shall be paid for
each additional three (3) cubic yards of solid waste.
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3. An additional fee for tires, equal to the disposal fees charged at the
Dubuque Metro Landfill, shall be paid to the City by the owner for each tire.
4. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each appliance collected in the service.
5. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for service
on a day not receiving weekly collection at the service address.
6. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for
immediate service or whenever crews are sent back to the service address to
collect items that were not properly set out on time as previously scheduled.
7. An additional fee of twenty dollars ($20.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for collection
of electronics including one device with an electronic screen (laptops, monitors,
TVs, etc.). An additional fifteen -dollar ($15.00) fee will apply for each additional
device with an electronic screen set out per collection. (Ord. 14-19, 3-7-2019,
eff. 7-1-2019; amd. Ord. 17-20, 4-23-2020; Ord. 22-20, 6-1-2020; Ord. 9-21,
3-24-2021, eff. 7-1-2021)
13-6A-7: CHARGES; BILLING AND COLLECTION:
A. City Billing: The City Manager is authorized to bill tenants upon the written
request of the property owner and according to a procedure to be established
by the City Manager. The property owner in such cases shall provide any
information on each tenant's mailing address to aid in the collection of fees for
City services. In all cases, the property owner shall remain liable for the
payment of all charges required by this chapter.
B. Monthly Billing: All accounts shall be billed monthly. The payment of bills is
subject to the terms of section 13-1 C-4 of this title.
C. Unpaid Billing For Class I Premises: The collection of solid waste provided
Class I premises and the maintenance of the availability of such service,
whether or not such service is used regularly or not at all by the owner of such
Class I premises, is hereby declared a benefit to said premises at least equal
to the monthly charges specified, and in case of failure to pay the monthly
charge when billed as heretofore provided, then the monthly charge shall
become a lien against the property benefited or served and shall be collected
in the same manner as general Property Taxes.
D. Certify Delinquent Accounts To County Treasurer: It is the duty of the City
Treasurer to certify the actual rates and fees plus the costs of administration
April 2021
City of Dubuque
13-6A-7
13-6A-8
to the County Treasurer as provided in section 13-1 C-4 of this title and all such Y'
costs will constitute a lien against said property and be collected with and in the
same manner as general Property Taxes on said property. (Ord. 29-08,
5-5-2008; amd. Ord. 56-12, 9-17-2012; Ord. 3-20, 1-21-2020)
13-6A-8: YARD WASTE AND FOOD SCRAPS:
A. Separation Of Yard Waste: Yard waste shall be separated by the owner of a
premises from all other solid waste.
B. Composting: An owner may compost such person's own yard waste and food
scraps on such person's own premises, provided the same is stored in such a /
manner as to not create a fire, health or safety hazard.
C. Collection Schedule For Yard Waste: Yard waste that has not been composted
shall be collected by the City not more than once each week according to the
collection schedule established by the City Manager.
D. Preparation Of Waste: Containerized yard waste collected by the City shall be
placed in degradable paper bags with an affixed single use sticker or in rigid
waste containers with an affixed single use tag or in permanent waste
containers with an affixed annual yard waste decal or in a subscribed sixty-five
(65) gallon City owned yard waste cart or be contained by tying devices
approved by the City Manager. The charges for collection and disposal of "yard
waste" as defined shall be as follows:
1. The fee for tying devices approved by the City Manager shall be one dollar
thirty cents ($1.30) each.
2. The fee paid to the City by a customer of record with the City for an annual
yard waste decal for a rigid waste container shall be thirty-five dollars ($35.00)
each through June 30 of each year. The fee shall be reduced by one-half (1/2)
on July 1 of each year and again by one-half (1/2) on September 1 of each
year. A decal shall only be used by the customer of record with the City who
purchased it.
3. The fee for single use stickers shall be one dollar and thirty cents ($1.30)
each.
4. The fee paid to the City for subscription to a sixty-five (65) gallon City
owned yard waste cart shall be eleven dollars ($11.00) per month.
5. The minimum fee paid to the City for collection of a scheduled leaf rake out
is twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile of
leaves in the parking lane at the curb.
April 2021
City of Dubuque
13-6A-8
13-6A-9
E. Food Scrap Collection Program Subscribers: Subscribers to the food scrap
collection program shall set out City owned carts containing food scraps and
other compostable materials.
SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES
Customer Class
Cart Size
Monthl Rates
City refuse customers and K - 12 schools
13 gallon
$1.00
48 gallon
$8.00
64 gallon
$11.00
Commercial customers without City refuse collection
13 gallon
$4.00
48 gallon
$15.00
64 gallon
$20.00
1. Such carts shall be co -collected with yard waste. The customer shall
choose the number and size of the cart(s).
2. Such carts shall be set out weekly to reduce potential nuisance concerns.
Failure to use, store or set out the cart properly shall cause the subscription to
be terminated.
F. Deposits In Public Rights -Of -Way Prohibited: No person shall deposit any yard
waste or food scraps in any public right-of-way. (Ord. 4-16, 3-14-2016, eff.
7-1-2016; amd. Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-9: PRIVATE COLLECTION SERVICE:
A. License Required: No person shall engage in the business of removing or
hauling solid waste from the premises of another person without a license to
do so from the City Manager. The issuance of such license shall be in the
manner prescribed and subject to the terms of title 4, chapter 1 of this Code.
(2007 Code § 40-46)
B. Application For License; Fee: Application for such license shall specify the type
of equipment and vehicles to be used, the routes to be trave►ed, the places to
be served and the name and residence of the applicant. Such person shall pay,
at the Office of the City Treasurer, an annual license fee of twenty-five dollars
($25.00) per year for each vehicle engaged in such business. (2007 Code
§ 40-47)
April 2021
City of Dubuque
13-6A-9
13-6A-9
C. Display Of License Number On Vehicle: No person shall operate a vehicle
licensed under this section unless the license number is prominently displayed
on the lower portion of the driver's side of the windshield in clear view. Such
license number shall be affixed to the vehicle not less than five (5) days after
the day of issue. (2007 Code § 40-48)
D. Separability Of Provisions: It is the intention of the City Council that each
subsection, paragraph, sentence, clause and provision of this section is
separable, and if any provision is held unconstitutional or invalid for any reason,
such decision shall not affect the remainder of this section nor any part thereof
other than that affected by such decision. (2007 Code § 40-50; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
t
April 2021
City of Dubuque
15-2-1
15-2-3
CHAPTER
LONG RANGE PLANNING ADVISORY COMMISSION
SECTION:
15-2-
1:
Commission Created
15-2-
2:
Purpose
15-2-
3:
Internal Organization And Rules
15-2-
4:
Procedures For Operation
15-2-
5:
Membership
15-2-
6:
Oath
15-2-
7:
Terms
15-2-
8:
Vacancies
15-2-
9:
Officers/Organization
15-2-10:
Meetings
15-2-11:
Compensation
15-2-12:
Removal
15-2-13:
Powers
15-2-1: COMMISSION CREATED:
There is hereby created the long range planning advisory commission. (Ord. 62-15,
9-21-2015)
15-2-2: PURPOSE:
The purpose of the commission is to foster the community planning process,
develop policies, goals, plans, and management tools based on a consensus of
community values, and help guide the community's future development, public
policies, and decision making. (Ord. 62-15, 9-21-2015)
15-2-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 62-15, 9-21-2015)
December 2015
City of Dubuque
15-2-4 15-2-8
15-2-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 62-15, 9-21-2015)
15-2-5: MEMBERSHIP:
A. Composition: The commission comprises seven (7) residents of the city,
appointed by the city council.
B. Age: Residents must be eighteen (18) years of age or older.
C. Qualifications:
1. All members must be qualified by their knowledge, experience, and ability
to contribute to the city's long range planning and development efforts.
2. Cross -Representation: One (1) member must be appointed by and from
the membership of the Housing Commission, with concurrence of the city
council. (Ord. 62-15, 9-21-2015; amd. Ord. 4-21, 2-15-2021)
15-2-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute
an oath of office at the first meeting of the commission following the appointment
or reappointment or at the city clerk's office any time prior to the first meeting of the
commission. (Ord. 62-15, 9-21-2015)
15-2-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The term of the cross -representative
appointee to the Long Range Planning Advisory Commission must coincide with
their term on the Housing Commission. (Ord. 62-15, 9-21-2015; amd. Ord. 4-21,
2-15-2021)
15-2-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 62-15,
9-21-2015)
April 2021
City of Dubuque
15-2-9 15-2-12
15-2-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers forthe remainder of the officer's unexpired term. (Ord. 62-15, 9-21-2015)
15-2-10: MEETINGS:
A. Meetings: Meetings may be called by the Chairperson or at the written request
of a majority of the Commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance:
1. In the event a Commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
Chairperson, such absence will be grounds for the commission to recommend
to the City Council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes: A copy of the minutes of all meetings of the commission must be filed
with the City Council within ten (10) working days after each meeting, or by the
next regularly scheduled City Council meeting, whichever is later.
E. Quorum: Four (4) Commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the Commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 46-16,
9-19-2016)
15-2-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the City administrative policies
and budget. (Ord. 62-15, 9-21-2015)
15-2-12: REMOVAL:
Except as provided in subsection 15-2-10C1 of this chapter, the City Council may
remove any Commissioner for good cause. (Ord. 62-15, 9-21-2015)
April 2021
City of Dubuque
15-2-13
15-2-13
15-2-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To provide a leadership role in the planning, coordinating, and sponsoring of
a periodic community planning process;
B. To coordinate and supervise the preparation and maintenance of the
Comprehensive Plan;
C. To provide input to the City Manager in the preparation of the City Manager's
recommended multiyear Capital Improvement Program;
D. To make comprehensive studies of the present condition and the future growth
of the City to provide input into the community planning process and to guide
and accomplish a coordinated, consistent, and harmonious development in
accordance with the present and future needs thereof to the end that the
health, safety, morals, order, convenience, prosperity, and general welfare may
be promoted;
E. To make or cause to be made such surveys, studies, maps, plans, or charts of
the City with due regard to its relation to neighboring territory as may be
determined as necessary to carry out the purposes of the commission;
F: To recommend amendments to all or parts of the Comprehensive Plan in l
response to the community planning process, upon its own initiative or upon
recommendation presented by the Zoning Advisory Commission, but only after
a public hearing;
G. To review proposed urban renewal plans and urban revitalization plans for
consistency with the Comprehensive Plan;
H. To undertake public information efforts to enhance public understanding of the
community planning process generally and the Comprehensive Plan
specifically; and
I. To undertake from time to time other specific long range planning projects
which may be referred to the commission by the City Council. (Ord. 41-17,
9-5-2017)
April 2021
City of Dubuque
DUBUQUE, IOWA
{ Instruction Sheet
2021 S-3 Supplement - April 2021
REMOVE OLD PAGES
INSERT NEW PAGES
VOLUME I'
Cover Page
Cover Page
Preface
Preface
2-533-1 through 2-5B-13D (4 pages)
2-513-1 through 2-5B-'i3B (4 pages)
VOLUME II
Cover Page
Cover Page
13-1C-1 through 13-1C-4C (4 pages)
13-1C-1 through 13-IC-4C (4 pages)
13-2C-1 through 13-2C-5A (4 pages)
13-2C-1 through 13-2C-5A (4 pages)
13-4-5 through 13-4-7A (2 pages)
13-4-5 through 13-4-7A (2 pages)
13-4-10 (with such covenant...) through
13-7-10 (with such covenant...)
13-4-13.(2 pages)
through 13-4-13 (2 pages)
13-5-1 through 13-5-1 (ILLICIT
13-5-1 through 13-5-1 (ILLICIT -
CONNECTION) (2 pages)
CONNECTION) (2 pages)
13-5-1 (WASTEWATER) through
13-5-1 (WASTEWATER) through
13-5-986 (4 pages)
13-5-9136 (4 pages)
13-6-1 through 13-6-9 (7 pages)
13-6-1 through 13-6-9 (7;pages)
13-6A-1 through 13-6A-9 (11 pages)
13-6A-1 through 13-6A-9 (12 pages)
15-2-1 through 15-2-13 (4 pages)
15-2-1 through 15-2-13 (4 pages)
BNB
4121
CITY CODE
OT
Code current through:
Ord. 10-21, passed 3-24-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street 4 Suite 310 � Cincinnati, Ohio 45202
1-800-445-5588 � www.amlegal.com
/ _
t
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 10-21, passed March 24, 2021.
Ordinances of the City adopted after said ordinance
supersede the provisions of this code to the extent
that they are in conflict or inconsistent therewith.
Consult the City office in order to ascertain whether
any particular provision of the code has been
amended, superseded or repealed.
Sterling Codifiers
Cincinnati, Ohio
City of Dubuque
April 2021
2-513-1 2-513-3
u� CHAPTER 5
HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS
ARTICLE B. HOUSING COMMISSION
SECTION:
2-513- 1:
Commission Created
2-513- 2:
Purpose
2-513- 3:
Internal Organization And Rules
2-513- 4:
Procedures For Operation
2-513- 5:
Membership
2-513- 6:
Oath
2-513- 7:
Terms
2-513- 8:
Vacancies
2-513- 9:
Officers/Organization
2-513-10:
Meetings
2-513-11:
Compensation
2-513-12:
Removal
2-513-13:
Powers
2-513-14:
Project Approval
2-513-15:
Monitor Housing Program; Conduct Hearings On Grievances
2-513-1: COMMISSION CREATED:
There is hereby created the housing commission. (Ord. 67-15, 10-19-2015)
2-513-2: PURPOSE:
The purpose of the commission is to undertake and carry out studies and analysis
of housing needs and the meeting of such needs; to recommend proposed projects
in the area of low and moderate income housing for the citizens of the city; to
monitor the city's housing programs; and to conduct grievances regarding the rental
assistance program, except in the area of property maintenance code enforcement.
(Ord. 31-16, 6-20-2016, eff. 7-1-2016)
2-513-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
November 2016
City of Dubuque
2-5B-3
2-5B-6
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 67-15, 10-19-2015)
2-5B-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 67-15, 10-19-2015)
2-58-5: MEMBERSHIP:
A. Number: The commission comprises ten (10) residents of the city.
B. Age: Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. At least three (3) members must be selected specifically on the basis of
experience in real estate development, banking, finance, accounting, funds
management, or other related areas of expertise.
2. One (1) member must be a person who is a recipient of tenant based
rental assistance under section 8 of the United States Housing Act of 1937,
whose name appears on a lease of section 8 property. If such member ceases
to be a recipient of rental assistance under section 8, the term of such member
is deemed terminated and a new member who meets the requirements of this
subsection must be appointed for the remainder of the term.
3. The remaining members are at -large members.
4. Cross -Representation:
a. One (1) member must be appointed by the commission, with city
council approval, to serve on the community development advisory
commission.
b. One (1) member must be appointed by the commission, with city
council concurrence, to serve on the long range planning advisory commission.
(Ord. 74-15, 12-7-2015; amd. Ord. 5-21, 2-15-2021)
2-5B-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute
an oath of office at the first meeting of the commission following the appointment
April 2021
City of Dubuque
2-513-6 2-5B.-10
or reappointment or at the city clerk's office any time prior to the first meeting of the
commission. (Ord. 67-15, 10-19-2015)
2-513-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The terms of the cross representative
appointees to the community development advisory commission and the long range
planning advisory commission must coincide with their terms on the housing
commission. (Ord. 67-15, 10-19-2015; amd. Ord. 5-21, 2-15-2021)
2-513-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 67-15,
10-19-2015)
2-5 B-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term. (Ord. 67-15,
10-19-2015)
2-513-10: MEETINGS:
A. Regular Meetings: The commission must meet monthly.
B. Special Meetings: Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
April 2021
City of Dubuque
2-5B-10
2-5B-13
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
each meeting, or by the next regularly scheduled city council meeting,
whichever is later.
F. Quorum: Six (6) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 67-15,
10-19-2015)
2-56-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 67-15, 10-19-2015)
2-5B-12: REMOVAL:
Except as provided in subsection 2-513-10D1 of this chapter, the city council may
remove any commissioner for good cause. (Ord. 67-15, 10-19-2015)
2-58-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To contribute as appropriate in the planning, coordinating, and review of
housing development;
B. To conduct public hearings to ensure meaningful citizen input in the planning,
implementation, and assessment of the city's housing programs;
C. To provide for and encourage the participation of low and moderate income
persons in the planning, implementation, and assessment of housing
programs;
D. To provide input into the community planning process and to assist in
accomplishing a coordinated and consistent housing development program of
the city in accordance. with present and future housing needs;
December 2015
City of Dubuque
CITY CODE
of
0
Code current through:
Ord. 10-21, passed 3-24-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street � Suite 310 O Cincinnati, Ohio 45202
1-800-445-5588 4 www.amlegal.com
13-1 C-1 13-1 C-1
CHAPTER1
WATER USE AND SERVICE
ARTICLE C. RATES
SECTION:
13-1C-1: Residential, Commercial, Industrial And All Other Uses
13-1 C-2: Fire Sprinkler Service
13-1 C-3: Construction Use
13-1 C-4: Payment Of Bills
13-1 C-1: RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL
OTHER USES:
A. Rates Established: The rates to be charged for water for residential,
commercial, industrial and all other uses and purposes by any person, firm or
corporation within the City shall be based on units of one hundred (100) cubic
feet (748 gallons) or per gallon as follows:
Monthly Consumption
(In Hundreds Of Cubic Feet)
Charge Per
Hundred Cubic Feet
First 30
$3.97
Next 120
3.23
Next 350
3.00
Next 500
2.65
Over 1,000
2.35
Monthly Consumption
(In Gallons)
Charge Per Gallon
First 22,440
$0.00527
Next 89,760
0.00432
Next 261,800
0.00403
Next 374,000
0.00355
Over 748,000
0.00311
Rates shall be subject to the following minimum monthly charge according to
the size of the meter:
April 2021
City of Dubuque
13-1 C-1
13-1 C-1
Meter Size
(Inches)
Monthly
Consumption
(In Hundreds Of
Cubic Feet)
Monthly
Consumption
(In Gallons)
Minimum
Charge
5/8
2
1,496
$ 7.88
3/4
5
3,740
19.71
1
8
5,984
31.54
11/2
26
19,448
102.49
2
46
34,408
169.96
3
106
79,288
363.84
4
168
125,664
560.28
6
368
275,264
1,163.17
8
625
467,500
1,893.00
A property owner shall pay a fifty dollar ($50.00) disconnect fee for water
service that is disconnected by the City for a meter not in service. When a
tenant account is subject to disconnection due to delinquency, the tenant shall
pay the fifty dollar ($50.00) disconnect fee.
A fifty dollar ($50.00) service call fee shall be charged to property owners or
tenant account for those service calls that are determined to be related to
customer negligence.
A seven dollars and twenty one cents ($7.21) minimum monthly charge shall
be assessed for meters not in service.
B. Rates Outside City Limits: The rates to be charged for water supplied by the
City to residential, commercial, industrial and other uses and purposes by any
person outside the corporation limits of the City, shall be at one hundred fifty
percent (150%) of the rates set forth in subsection A of this section.
C. Estimated Billings: For all meters in service, bills will be issued monthly. When
a meter is not read monthly for any reason, bills will be issued on estimated
consumption. For estimated billings, either on alternate months or when
readings are not obtainable for any reason, consumption will be predicated on
the monthly average of past usage for the meter. For estimated bills issued for
an account in which historical data is not available, billing will be predicated on
the minimum charge and related consumption identified for the size of the
meter in service for the particular account.
April 2021
City of Dubuque
13-1 C-1
13-1 C-2
D. Adjustments From Estimated Readings: Adjustments from estimated readings
will be made when an actual meter reading is obtained. The adjustment will be
reflected on the user's next regular bill.
E. Residential Rate Exception: The city manager shall establish a policy for
evaluating cases of extreme financial hardship and the city's ability to make
adjustments in the monthly residential rate as determined by the terms and
conditions of the policy and the funds allocated, and available, through the
budget process. (2007 Code § 44-201; amd. Ord. 15-19, 3-7-2019, eff.
7-1-2019; Ord. 14-20, 4-23-2020; Ord. 23-20, 6-1-2020; Ord. 6-21, 3-24-2021,
eff. 7-1-2021)
13-1 C-2: FIRE SPRINKLER SERVICE:
Customers who have fire sprinkler service shall be billed for this service on a
monthly basis. The monthly charge shall be as follows:
Current Number Of Heads
Monthly Charges
Up to 200 (minimum)
$ 24.17
200 - 299
29.02
300 - 399
33.79
400 - 599
38.68
600 - 799
43.47
800 - 999
48.33
1,000 - 1,199
53.18
1,200 - 1,399
57.96
1,400 - 1,599
62.80
1,600 - 1,799
67.65
1,800 - 1,999
72.44
2,000 - 2,199
77.29
2,200 - 2,399
82.12
2,400 - 2,599
86.96
2,600 - 2,799
91.79
2,800 - 2,900
96.74
April 2021
City of Dubuque
13-1 C-2
13-1 C-4
Current Number Of Heads Monthly Charges
3,000 - 3,499 101.44
Over 3,500 (for each additional 500 4.82
heads or fraction thereof)
(Ord. 16-19, 3-7-2019, eff. 7-1-2019; amd. Ord. 15-20, 4-23-2020; Ord. 7-21,
3-24-2021, eff. 7-1-2021)
13-1 C-3: CONSTRUCTION USE:
A. Application For Temporary Water Service; Deposit: When a temporary water
service is desired for construction work, application shall be made to the City
Manager. A deposit equal to the actual cost of the meter and fittings shall be
paid in advance. The applicant shall guarantee payment of such water service
charges and return said meter in good condition.
B. Installation Of Meter: The applicant shall thereupon install a suitable meter,
furnished by the City, and shall pay for all water furnished in accordance with
the then prevailing water rates including minimum monthly charges.
C. Payment Of Charge When Installation Of Meter Impractical: If it is the opinion
of the City Manager that placement of a meter is impractical, then the deposit
for meter and fittings shall not be required, but a charge, as determined by the
City Manager, after official publication, shall be made, but under no
circumstances shall water be used for sprinkling lawns, wetting down yards or
compacting of soil unless a meter has been installed on the service, or
arrangements have been made for such usage.
D. Water Rate For Various Other Purposes: The rate for water charged for other
purposes not mentioned herein, such as for circuses, carnivals, fairs, skating
rinks, swimming pools, tank wagons and filling cisterns will be made by the City
Manager when application is made for the same at the Water Office. (2007
Code § 44-203)
13-1 C-4: PAYMENT OF BILLS:
A. Locations For Payment Of Bills: Payment of bills may be made at locations that
have been designated by the City Manager, after official publication.
B. Due When Rendered: All utility bills are due when rendered. (Ord. 31-08,
5-5-2008)
C. Late Payments; Procedure Upon Delinquency:
April 2021
City of Dubuque
13-2C-1
13-2C-2
CHAPTER 2
SEWERS AND SEWAGE DISPOSAL
ARTICLE C. RATES
SECTION:
13-2C-1:
Purpose
13-2C-2:
Definitions
13-2C-3:
Rates Established
13-2C-4:
Areas Not Served By Public System
13-2C-5:
Lien For Failure To Pay
13-2C-6:
Cost Of Collection
13-2C-1: PURPOSE:
It is hereby determined and declared to be necessary and conducive to the
protection of the public health, safety, welfare and convenience of the City to levy
and collect just and equitable charges, rates or rentals upon all lots, parcels of real
estate and buildings that are connected directly or indirectly with the sanitary
sewage system of the City, the proceeds of such charges or rentals so derived to
be used for the purpose of constructing, operating, maintaining and repairing such
sewage treatment plant. (2007 Code § 44-82)
13-2C-2: DEFINITIONS:
The following words and terms, as used in this article, shall be deemed to mean and
be construed as follows:
CONTRIBUTOR: Any person responsible for the
production of domestic, commercial or
industrial waste which is directly or
indirectly discharged into the City's
sanitary sewer system.
SEWAGE SERVICE CHARGE: Any and all rates, charges, fees or
rentals levied against and payable by
the contributors, including special
contracts or agreements which have
been or may be negotiated by and
between the City, commercial
establishments, industries,
manufacturing plants or corporations
for the purpose of collecting rates,
charges, fees or rentals.
August 2020
City of Dubuque
13-2C-2
13-2C-3
SEWAGE TREATMENT PLANT
Any and all units of the Municipal
sewage treatment system owned and
operated by the City, including the
interceptor sewer system, the pumping
stations delivering sewage to the plant
and the outfall sewer system.
WATER DEPARTMENT: The City Water Department. (2007
Code § 44-81)
13-2C-3: RATES ESTABLISHED:
Contributors whose property lies within the corporate limits of the City, except as
otherwise provided in this article, shall pay to the City at the same time payment for
water services is made, a sewer service charge computed on water consumption
on the following rates:
A. Basic Charges:
1. The sewer rates and charges shall be based on the quantity of water used
on or in the property or premises. For all customers utilizing sewer service, bills
will be issued on estimated consumption. For estimated billings, either on
alternate months, or when a reading on a water meter is not obtainable for any
reason, consumption will be predicated on the monthly average of the past
usage for the metered account. For estimated bills issued for an account in
which historical data is not available, billing will be predicated on the minimum
charge and related consumption identified in subsection C7 of this section for
the size of the water meter in service for the particular account. (2007 Code
§ 44-83)
2. Basic Charge Exception: The city manager shall establish a policy for
evaluating cases of extreme financial hardship for residential customers and
the city's ability to make adjustments in the monthly basic charge for residential
customers as determined by the terms and conditions of the policy and the
funds allocated, and available, through the budget process.
B. Schedule Of Rates:
Rate per each 100 cubic feet
Rate per each gallon
C. Service Charge:
April 2021
City of Dubuque
$5.42
0.00725
13-2C-3
13-2C-3
1. When a parcel of real estate, property or building discharging sanitary
sewage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is not a user of water supplied
by the City Water Division and the water used thereon or therein is not
acceptable to the City, the amount of water used shall be determined by the
City in such a manner as the City Manager may elect to establish the rate of
charge as provided in this article, or the owner or other interested parties at
their expense, may install and maintain a meter acceptable to the City for said
purposes.
2. When a parcel of real estate, property or building discharging sanitary
sewerage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is a user of water supplied by
the City Water Division and in addition uses water from another source which
is not measured by a water meter or is measured by a water meter not
acceptable to the City, the amount of water used shall be determined by the
City in such a manner as the City Manager may elect in order to establish the
rate of charge as provided in this article, or the owner or other interested
parties at their expense may install and maintain a meter acceptable to the City
for said purposes.
3. When a parcel of real estate, property or building discharging sanitary
sewage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is not a user of water supplied
by the City Water Division, the amount of sanitary sewage, industrial wastes,
water or other approved waste discharged into the sanitary sewer system shall
be determined by the City in such a manner as the City Manager may elect in
order to establish the rate of charge as provided in this article, or the owner or
other interested parties at their expense, may install and maintain a sewage
meter acceptable to the City for said purposes.
4. The City Council may, in its discretion, when applicable, permit connection
to the City sanitary sewer system of properties located outside the corporate
limits upon such terms and conditions as it may establish; provided, however,
that such terms shall not be more favorable to such property than rates herein
established for City users.
5. In order that the rates and charges may be modestly and equitably
adjusted to the service rendered, the City shall have the right to base its
charges not only on volume, but also on the strength and content of the
sewage and wastes of the user. The City shall have the right to measure and
determine the strength and content of all sewage and wastes discharged either
directly or indirectly into the City's sanitary sewer system, in such manner and
by such methods as it may deem practicable in the light of the conditions and
circumstances of the case in order to determine the proper charge. Extra
charges will be applicable and negotiated with users on an individual account
basis when concentration of the sewage exceeds three hundred milligrams per
August 2020
City of Dubuque
13-2C-3
13-2C-5
liter (300 mg/L) of biochemical oxygen demand, three hundred fifty milligrams
per liter (350 mg/L) of suspended solids or two percent (2%) or more of the flow
rate into the sewage treatment plant.
6. The rates and charges may be billed to the tenant and tenants occupying
the properties served, unless otherwise requested in writing by the owners, but
such billings shall in no way relieve the owner from liability in the event payment
is not made as required in this article. (2007 Code § 44-83)
7. Where the quantity of water consumed is such that the minimum of service
is charged, the minimum sewer service charge, according to the size of the
meter, shall be as follows: /
Meter Size
(Inches)
Minimum
Charge
Allowance
(Cubic Feet)
Allowance
(Gallons)
5/8
$10.85
200
1,496
3/4
27.12
500
3,740
1 or larger
43.38
800
5,984
(Ord. 10-17, 3-7-2017, eff. 7-1-2017; amd. Ord. 17-19, 3-7-2019, eff. 7-1-2019; Ord.
16-20, 4-23-2020; Ord. 24-20, 6-1-2020; Ord. 8-21, 3-24-2021, eff. 7-1-2021)
r
13-2C-4: AREAS NOT SERVED BY PUBLIC SYSTEM:
The rates, service charges, rentals or fees as provided in this article shall become
effective at the time sewage from the contributors is first directed to the sanitary
sewer system. At the time sanitary sewers are constructed in areas not now served
by a sanitary sewer system, contributors shall be granted a reasonable time to
make connection to the sewer. The effective date of the sewage service charge and
the reasonable time to connect to the sanitary sewer system will be determined by
the City Manager. (2007 Code § 44-84)
13-2C-5: LIEN FOR FAILURE TO PAY:
A. Lien For Delinquent Rates And Charges: The city shall have a lien upon the
real property served by the sanitary system for all delinquent rates and
charges. Bills for sewage charges shall be delinquent when the same are
unpaid for a period of twenty five (25) days following the billing date, and if not
paid, a penalty of five percent (5%) shall be added to the sewage bill.
April 2021
City of Dubuque
13-4-5
13-4-5
q 13-4-5: SFU RATE, CHARGES; UTILITY REVENUES:
A. Square Feet Equivalency: For purposes of this chapter, an SFU shall be
equivalent to two thousand nine hundred seventeen (2,917) square feet of
impervious property.
B. Monthly Service Charge: Except as provided in this chapter, every contributor
owning or occupying a single-family residential property, multi -family residential
property, or a nonresidential property, other than exempt property, shall pay to
the city, at the same time payment is made for water service, sanitary sewer
or refuse, a stormwater management charge to be determined and billed as
provided in this chapter. In the event the owner and the occupant of a particular
property are not the same, the liability for payment of the stormwater
management charge attributable to that property shall be joint and several as
to the owner and occupant. The stormwater management charge shall be a
monthly service charge and shall be determined by this chapter and the SFU
rate which is established in this chapter and from time to time adjusted as
provided in this chapter.
C. Application And Computation: The stormwater management charges provided
in sections 13-4-6 through 13-4-8 of this chapter shall be applied and computed
for each contributor during the customary billing periods as to all bills mailed by
the city treasurer, and such charges shall thereafter be paid and collected as
provided in this chapter.
D. Rates Established: The SFU rate to be applied to residential and nonresidential
properties shall be $8.85 per SFU.
E. Authority To Adjust Rate: If at any time the director determines that the SFU
rate and/or the budget for the stormwater management utility system requires
adjustment, the director shall report such determination to the city manager and
city council. The city council may at any time adjust the SFU rate by adoption
of an ordinance amending this section, and may at any time adjust the budget
for the stormwater management utility system by adoption of an appropriate
resolution.
F. Policy On Expenditure Of Revenues: The city council hereby establishes a
formal policy regarding the expenditure of stormwater management utility
revenues as follows:
1. The city manager shall develop and implement a cost accounting system,
capable of accurately recording and segregating charges to the system by all
departments of the city, to include the cost of personnel, machinery, contract
equipment and construction, supplies, depreciation, and any and all
miscellaneous expenses and purchases.
April 2021
City of Dubuque
13-4-5
13-4-7
2. No revenues generated by the stormwater utility user fee shall be used for
any purpose other than stormwater expenses. (2007 Code § 44-274; amd. Ord.
16-14, 3-5-2014; Ord. 3-20, 1-21-2020; Ord. 21-20, 6-1-2020; Ord. 10-21,
3-24-2021)
13-4-6: SINGLE-FAMILY RESIDENTIAL PROPERTY:
A. Percentage Of SFU Rate: The stormwater management charge for a single-
family residential property shall be the following percentage of the SFU rate:
Impervious Area Of Property
(Square Feet)
SFU Rate
1,471 or less
50 percent
1,472 to 4,374
100 percent
4,375 or more
150 percent
B. Commencement Of Charge: As to a new single-family residence, the
stormwater management charge attributable to that residence shall commence
upon the earlier of the following:
The issuance of a permanent water meter.
2. If no water meter is issued for that development or if development has
halted, on the date that the director or the director's designee determines in
reasonable judgment that the development is substantially complete or has
been halted for at least three (3) months.
C. Charge Exception: The city manager shall establish a policy for evaluating
cases of extreme financial hardship for single-family residential customers and
the city's ability to make adjustments in the monthly charge for single-family
residential customers as determined by the terms and conditions of the policy
and the funds allocated, and available, through the budget process.
D. Appeal Determination Of Charge: Any owner or occupant of a residential
property aggrieved by the director's calculation of the stormwater management \.
charge as provided in this section may appeal such determination to the
director as provided in section 13-4-9 of this chapter. (2007 Code § 44-275;
amd. Ord. 21-20, 6-1-2020)
13-4-7: NONSINGLE-FAMILY RESIDENTIAL PROPERTY:
A. The stormwater management charge for a non-singlefamily residential property
shall be the following percentage of the SFU rate multiplied by the number of
dwelling units on the property:
April 2021
City of Dubuque
13-4-10
13-4-13
with such covenant and shall certify the rate to the city manager. The city
manager shall inform the city council of the revised SFU rate at the time that
the resolution to take additional action for the issuance of such bonds is
submitted to the council for its review and approval. Upon council approval of
such resolution, the city manager shall publish the revised SFU rate once in a
newspaper of general circulation, shall give notice thereof to contributors if and
as required by applicable state or federal law, and shall proceed to impose and
collect the rate commencing with the next available billing cycle. (2007 Code
§ 44-281)
13-4-11: BILLING, DELINQUENT ACCOUNTS AND COLLECTION
PROCEDURES:
A. Billing Procedure: The procedures for billing of the stormwater management
service charges provided in sections 13-4-6 through 13-4-8 of this chapter and
for the collection of delinquent stormwater management service charges are
as provided in section 13-1 C-4 of this title.
B. Billing Directly For Stormwater Management Services: Contributors who are not
billed by the city for water, sanitary sewer or refuse will be directly billed for
stormwater management services by the city. In such instances, the billing and
collection of stormwater management charges is subject to the same rules and
procedures as to delinquency in payment, certification of delinquency, and
property lien as provided in section 13-1 C-4 of this title. (Ord. 55-12,
9-17-2012)
13-4-12: ANNUAL REVIEW OF SFU RATE:
Under this chapter, the director shall review the SFU rate annually and revise the
rate as necessary to ensure that the system generates adequate revenues to pay
total annual revenue requirements. (2007 Code § 44-283)
13-4-13: EXPENSES OF COLLECTION OF CHARGES:
The incremental cost of collecting and accounting for all stormwater management
charges, including reasonable compensation to the city treasurer; the maintenance
of all books and records; the employment of necessary personnel; the cost of all
books, records, materials and supplies; the obtaining and maintaining of all office
and storage space; and all other costs and expenses reasonably necessary in
connection therewith or incidental thereto, shall be a part of the cost of operating the
stormwater utility and shall be incurred when the city treasurer, in the exercise of his
April 2021 Repl.
City of Dubuque
13-4-13
13-4-13
or her judgment, shall so determine. The incremental cost thereof shall be deducted
by the director of finance and budget, upon his or her certification as to the amount
thereof, from the remittance to which it relates, subject to the condition that any
proposed change in any method of computing such incremental cost may be
effective prospectively only and only after such proposed change shall have been
submitted to and approved by the city council. (2007 Code § 44-286; amd. Ord.
3-20, 1-21-2020)
April 2021 Repl.
City of Dubuque
13-5-1
13-5-1
CHAPTER
ILLICIT CONNECTIONS AND DISCHARGES
TO STORM SEWER SYSTEM
SECTION:
13-5- 1:
Definitions
13-5- 2:
Applicability
13-5- 3:
Responsibility For Administration
13-5- 4:
Severability
13-5- 5:
Ultimate Responsibility
13-5- 6:
Discharge Prohibitions
13-5- 7:
Suspension Of MS4 Access
13-5- 8:
Industrial Or Construction Activity Discharges
13-5- 9:
Monitoring Of Discharges
13-5-10:
Prevent, Control And Reduce Pollutants By Use Of BMPs
13-5-11:
Watercourse Protection
13-5-12:
Notification Of Spills
13-5-13:
Enforcement
13-5-14:
Appeal Of Notice Of Violation
13-5-15:
Enforcement Measures After Appeal
13-5-16:
Cost Of Abatement Of Violation
13-5-17:
Injunctive Relief
13-5-18:
Violations Deemed Public Nuisance
13-5-19:
Remedies Not Exclusive
13-5-1: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
BEST MANAGEMENT Schedules of activities, prohibitions of practices,
PRACTICES (BMPs): general good housekeeping practices, pollution
prevention and educational practices, maintenance
procedures, and other management practices to
prevent or reduce the discharge of pollutants directly
or indirectly to stormwater, receiving waters, or
stormwater conveyance systems. BMPs also include
City of Dubuque
13-5-1
13-5-1
treatment practices, operating procedures, and
practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw
materials storage.
CITY MANAGER:
The city manager or the city manager's designee.
CLEAN WATER ACT:
The federal water pollution control act, 33 USC
section 1251 et seq., and any amendments thereto.
CONSTRUCTION
Activities subject to NPDES construction permits that
ACTIVITY:
result in disturbance of one acre or more. Such
activities include, but are not limited to, clearing and
grubbing, grading, excavating, filling, and demolition.
GEOTHERMAL PUMP
A system that uses a pump to extract water from an
AND DUMP SYSTEM:
underground aquifer, circulates the water through a
heating or cooling system, and discharges the water
as nonstormwater discharge.
HAZARDOUS
Any material, including any substance, waste, or
MATERIALS:
combination thereof, that because of its quantity,
concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute
to, a substantial present or potential hazard to
human health, safety, property, or the environment
when improperly treated, stored, transported,
disposed of, or otherwise managed.
ILLEGAL DISCHARGE:
Any direct or indirect nonstormwater discharge to the
municipal separate storm sewer system, or waters of
the state except as exempted in subsection 13-5-613
of this chapter.
ILLICIT CONNECTION:
Either of the following:
A. Any drain or conveyance, whether on the
surface or subsurface, which allows an illegal
April 2021
City of Dubuque
13-5-1
13-5-6
WASTEWATER: Any water or other liquid, other than uncontaminated
stormwater, discharged from a facility.
WATERS OF THE Both surface waters and ground waters within the
STATE: boundaries of the state of Iowa and subject to its
jurisdiction. (2007 Code § 44-290; amd. Ord. 52-20,
12-21-2020)
13-5-2: APPLICABILITY:
This chapter shall apply to all water entering the MS4 generated on any developed
and undeveloped lands unless explicitly exempted by the city manager. (2007 Code
§ 44-291)
13-5-3: RESPONSIBILITY FOR ADMINISTRATION:
The city manager shall administer, implement, and enforce the provisions of this
chapter. (2007 Code § 44-292)
13-5-4: SEVERABILITY:
The provisions of this chapter are hereby declared to be severable. If any provision,
clause, sentence, or paragraph of this chapter or the application thereof to any
person, establishment, or circumstances shall be held invalid, such invalidity shall
not affect the other provisions or application of this chapter. (2007 Code § 44-293)
13-5-5: ULTIMATE RESPONSIBILITY:
The standards set forth herein and promulgated pursuant to this chapter are
minimum standards; therefore, this chapter does not intend nor imply that
compliance by any person will ensure that there will be no contamination, pollution,
nor unauthorized discharge of pollutants. (2007 Code § 44-294)
13-5-6: DISCHARGE PROHIBITIONS:
A. Prohibition Of Illegal Discharges: No person shall discharge or cause to be
discharged into the MS4 or watercourses any of the following:
1. Materials, including, but not limited to, pollutants, waters containing
pollutants, nonstormwater discharge, or those that cause or contribute to a
violation of applicable water quality standards.
April 2021
City of Dubuque
13-5-6
13-5-6
2. Geothermal pump and dump system discharges without the express
written consent of the city manager. The city manager may allow such
discharge if it does not present or will not present an imminent and substantial
danger to the operation of the MS4, public property, private property, the
environment, or to the health or welfare of persons, or waters of the state.
B. Exemptions: The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited except as described as
follows:
1. The following discharges are exempt from discharge prohibitions
established by this chapter: water line flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising ground
water, ground water infiltration to storm drains, sump pump discharge,
foundation or footing drains (not including active ground water dewatering
systems), crawl space pumps, air conditioning condensation, springs,
noncommercial washing of vehicles, natural riparian habitat or wetland flows,
swimming pools (if dechlorinated - typically less than 1 PPM chlorine),
firefighting activities, and any other water source not containing pollutants.
2. Discharges specified in writing by the city manager as being necessary to
protect public health and safety.
3. Dye testing is an allowable discharge, but requires a verbal notification to
the city manager prior to the time of the test.
4. The prohibition shall not apply to any nonstormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to the
discharger and administered under the authority of the environmental
protection agency, provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any
discharge to the storm drain system.
C. Prohibition Of Illicit Connections: The construction, use, maintenance or
continued existence of illicit connections to the storm drain system is prohibited.
1. This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible under
law or practices applicable or prevailing at the time of connection.
City of Dubuque
13-5-6
13-5-9
2. A person is considered to be in violation of this chapter if the person
connects a line conveying sewage to the MS4, or allows such a connection to
continue. (2007 Code § 44-295; amd. Ord. 52-20, 12-21-2020)
13-5-7: SUSPENSION OF MS4 ACCESS:
A. Suspension Due To Illicit Discharges In Emergency Situations: The city
manager may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the MS4 or waters of
the United States. If the violator fails to comply with a suspension order issued
in an emergency, the city manager may take such steps as deemed necessary
to prevent or minimize damage to the MS4 or waters of the state, or to
minimize danger to persons.
B. Suspension Due To Detection Of Illicit Discharge: Any person discharging to
the MS4 in violation of this chapter may have the person's MS4 access
terminated if such termination would abate or reduce an illicit discharge. The
city manager shall notify a violator of the proposed termination of its MS4
access. The violator may petition the city manager for a reconsideration and
hearing.
C. Reinstatement Without Approval: A person commits an offense if the person
reinstates MS4 access to premises terminated pursuant to this section, without
the prior approval of the city manager. (2007 Code § 44-296)
13-5-8: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES:
Any person subject to an industrial or construction activity NPDES stormwater
discharge permit shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the city manager prior to
the allowing of discharges to the MS4. (2007 Code § 44-297)
13-5-9: MONITORING OF DISCHARGES:
A. Applicability: This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction activity.
April 2021
City of Dubuque
13-5-9
13-5-9
B. Access To Facilities: The city manager shall be permitted to enter and inspect
facilities subject to regulation under this chapter as often as may be necessary
to determine compliance with this chapter. If a discharger has security
measures in force that require proper identification and clearance before entry
into its premises, the discharger shall make the necessary arrangements to
allow access to representatives of the city manager.
1. Facility operators shall allow the city manager ready access to all parts of
the premises for the purposes of inspection, sampling, examination and
copying of records that must be kept under the conditions of an NPDES permit
to discharge stormwater, and the performance of any additional duties as
defined by state and federal law.
2. The city manager shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the city manager to conduct
monitoring and/or sampling of the facility's stormwater discharge.
3. The city manager shall have the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
4. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the '
operator at the written or oral request of the city manager and shall not be
replaced. The costs of clearing such access shall be borne by the operator.
5. Unreasonable delays in allowing the city manager access to a permitted
facility is a violation of a stormwater discharge permit and of this chapter. A
person who is the operator of a facility with an NPDES permit to discharge
stormwater associated with industrial activity commits an offense if the person
denies the city manager reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this chapter.
6. If the city manager has been refused access to any part of
the premises from which stormwater is discharged, and he/she is
able to demonstrate probable cause to believe that there may be a
violation of this chapter, or that there is a need to inspect and/or sample as
City of Dubuque
13-6-1
13-6-1
CHAPTER 6
SOLID WASTE
SECTION:
13-6-1:
Definitions
13-6-2:
Deposits On Other Public Or Private Property
13-6-3:
Container Requirements; Collection Restrictions
13-6-4:
Wrapping And Draining Of Certain Solid Wastes
13-6-5:
Unlawful Accumulations
13-6-6:
Storage And Accumulation Restricted
13-6-7:
Hazardous And Prohibited Wastes Regulated
13-6-8:
Vehicles Hauling Solid Waste
13-6-9:
Use Of State Approved Dump Site Or Disposal Project
13-6-1: DEFINITIONS:
For the purpose of this chapter the following definitions shall apply:
BUILDING MATERIALS: Any material such as lumber, floor coverings, brick,
plaster, sheet metal or any other substances
accumulated as a result of repairs or additions to
existing buildings, construction of new buildings or
demolition of existing structures.
CLASS I PREMISES: Shall mean and include the following properties in
the City of Dubuque:
A. Single-family dwellings.
B. Multiple -family dwellings up to and including six
(6) dwelling units.
C. Dwelling units in business or commercial
premises.
Where two (2) or more laterally connected or joined
dwelling units, including condominiums, townhouses
and row houses, in which each dwelling unit has
separate access and utility service, each dwelling
unit shall constitute a single-family dwelling.
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CLASS II PREMISES:
Residential premises other than Class I residential
premises, located in the City of Dubuque, including:
A. Dwellings in trailer courts;
B. Schools, colleges, churches, convents, nursing
homes, rooming houses and other semiprivate
institutions; and
C. Multiple -family dwellings exceeding six (6)
dwelling units.
CLASS III PREMISES:
All business and commercial premises located in the
City of Dubuque, including that part of a residential
premises with a business or commercial use.
DWELLING:
Shall mean and include any building or portion
thereof containing one or more dwelling units.
DWELLING UNIT:
Shall mean and include one or more connected
rooms having complete kitchen facilities and
arranged, designed or used as living quarters for
one family only.
FOOD SCRAPS:
Solid, semisolid and liquid animal and vegetable
residuals resulting from the handling, preparing,
cooking, storing, serving and consuming of food.
GARBAGE:
All solid and semisolid, putrescible animal and
vegetable wastes resulting from the handling,
preparing, cooking, storing, serving and consuming
of food or of material intended for use as food, and
all offal, excluding useful industrial byproducts, and
shall include all such substances from all public and
private establishments and from all residences.
HAZARDOUS WASTES: Waste materials, including, but not limited to,
poisons, pesticides, herbicides, acids, caustics,
biohazardous wastes, flammable or explosive
materials and similar harmful wastes which require
special handling and which must be disposed of in
such a manner as to conserve the environment and
protect the public health and safety.
OTHER Napkins, plates, cups, bowls, towels, tissues, and
COMPOSTABLE takeout containers made from paper as well as other
MATERIALS: materials as approved by the city manager.
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OWNER: In addition to the record titleholder, any person
residing in, renting, leasing, occupying, operating or
transacting business in any premises and as
between such parties, the duties, responsibilities,
liabilities and obligations hereafter imposed shall be
joint and several.
PREMISES: A building or part of a building and its grounds
located in the City of Dubuque.
RECYCLABLE Materials, including, but not limited to, food container
MATERIALS: glass, aluminum, steel (tin) cans, no. 1 and no. 2
plastic bottles, uncontaminated newspapers and
glossy paper (magazines). Newspapers and glossy
paper shall be considered uncontaminated if they
have not been exposed to substances or conditions
rendering them unusable for recycling.
REFUSE: Putrescible and nonputrescible wastes including, but
not limited to, garbage, rubbish, ashes, incinerator
ash, incinerator residues, street cleanings, market
and industrial solid wastes and sewage treatment
wastes in dry or semisolid form.
RUBBISH: Nonputrescible solid waste consisting of combustible
and noncombustible wastes, such as furniture,
appliances, tires, building materials or similar
wastes.
SOLID WASTE: Garbage, refuse, rubbish, and other similar
discarded solid or semisolid materials, including, but
not limited to, such materials resulting from
industrial, commercial, agricultural, and domestic
activities. Solid waste includes vehicles. Solid waste
does not include toxic and hazardous wastes as
defined by the Iowa department of natural resources.
YARD WASTE: Debris such as grass clippings, leaves, garden
wastes, brush and trees as defined by the Iowa
Department of Natural Resources. Yard waste does
not include tree stumps. (Ord. 20-06, 3-2-2006, eff.
4-3-2006; amd. Ord. 17-20, 4-23-2020; Ord. 9-21,
3-24-2021, eff. 7-1-2021)
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13-6-2: DEPOSITS ON OTHER PUBLIC OR PRIVATE PROPERTY:
A. Prohibition: No person shall throw, rake, deposit, dump, drop, spill or store
(other than the placement of containers for collection as provided herein) any
solid waste or toxic and hazardous wastes upon the streets, sidewalks, rights
of way or any public or private property within the city.
B. Exception: This section shall not apply to junk dealers, auto salvage dealers,
pawnbrokers or secondhand dealers licensed under title 4, chapter 6 of this
code. (2007 Code § 40-17)
13-6-3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS: l
A. Disposal In Containers; Preparation Of Waste For Disposal: Solid waste shall
be placed in bags secured with tags or otherwise sealed and placed in suitable
containers. However, it shall not be necessary to place books, boxes,
magazines or newspapers in containers, provided they are securely tied in
bundles or completely contained in disposable boxes not more than twenty by
thirty by forty-eight inches (20" x 30" x 48"). Tree limbs and carpet shall be
securely tied in bundles not more than forty-eight inches (48") long and
eighteen inches (18") in diameter.
B. Container Standards: A standard solid waste container shall be not more than
thirty-five (35) gallons nor be less than five (5) gallons in capacity except when
only one container is used, in which case such container may be less than five
(5) gallons in capacity. All such containers shall be waterproof and fitted with
a tight lid and shall have handles, bails, or other suitable lifting devices.
Containers shall be of a type originally manufactured for refuse or garbage,
with tapered sides for easy emptying, and shall be of lightweight and sturdy
construction. The weight of any individual standard container and its contents
shall not exceed forty (40) pounds. Galvanized steel and similar metal
containers, rubber containers, and plastic containers which do not become
brittle in cold weather, may be used. Oil or grease drums, paint cans, and
similar salvaged containers shall not be used. Disposable bags manufactured
for garbage and solid waste disposal shall be acceptable unless they are left
unattended for such a period of time or in such a location as to become a
health hazard.
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C. Healthcare Waste:
1. Except for Class 11 premises, healthcare waste shall be placed in suitable
containers separately from all other solid waste. Sharp objects such as
hypodermic needles, syringes and lancets shall be securely contained in hard
plastic or metal disposable containers with screw on or tightly secured lids for
collection. Broken glass and similar materials shall be placed in disposable
boxes with a secure closure. Other healthcare waste such as soiled bandages,
disposable sheets and medical gloves shall be placed in thick disposable
plastic bags or shall be double bagged.
2. Class II premises shall comply with all occupational safety health
administration (OSHA) regulations concerning the disposal of potentially
infectious wastes.
D. Unacceptable Items For Collection: A basket, box or noncomplying solid waste
container shall be considered disposable solid waste and shall be removed by
the collection crews if it is the proper size and otherwise acceptable for
collection. It shall be left uncollected if it is larger than the allowable size or
otherwise unacceptable for collection.
E. Recycling Containers Provided: One curbside recycling container shall be
provided by the city to each dwelling unit in Class I premises for the collection
of recyclable materials.
F
F. Large And Bulky Rubbish: Large and bulky rubbish such as furniture and
appliances shall not be collected except when a special collection is established
by the city manager for the collection of such items. (2007 Code § 40-18; amd.
Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6-4: WRAPPING AND DRAINING OF CERTAIN SOLID WASTES:
All solid waste consisting of waste animal and vegetable matter which may attract
flies, dogs, cats, rodents and other animals shall be drained of all excess liquid,
wrapped in paper or disposable containers, and placed or stored, until collected, in
covered suitable containers as described in section 13-6-3 of this chapter. (2007
Code § 40-19)
13-6-5: UNLAWFUL ACCUMULATIONS:
A. Health Or Sanitation Hazard: It shall be unlawful for any person to permit to
accumulate on any premises, improved or vacant, or on any public place in the
city, such quantities of solid waste, either in containers or not, that shall
constitute a health or sanitation hazard.
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B. Storage Within Or Close To Buildings: It shall be unlawful for any person to
accumulate quantities of refuse, papers, garbage, ashes or other solid waste
within or close to any building in the city, unless the same is stored in
containers in such a manner as not to create a health or fire hazard. (2007
Code § 40-20)
13-6-6: STORAGE AND ACCUMULATION RESTRICTED:
A. Storage In Metal Containers: Within the corporate limits of the city, all garbage
or refuse consisting of waste animal or vegetable matter upon which rats may
feed, and all small dead animals, shall be placed and stored until collected in
covered metal containers of a type prescribed by the health officer.
B. Dumping On Premises Or Waterways Prohibited: It is unlawful for any person
to dump or place on any premises, land or waterway, any dead animals, or any
waste vegetable or animal matter of any kind.
C. Providing Harborage For Rats: It shall be unlawful for any person to place,
leave, dump, or permit to accumulate any garbage, rubbish or trash in any
building or on any premises, improved or vacant, or on any open lot or alley in
the city so that the same shall or may afford food or harborage for rats.
D. Lumber And Boxes Placed On Elevated Racks: It shall be unlawful for any
person to permitto accumulate on any premises, improved orvacant, or on any F..
open lot or alley in the city any lumber, boxes, barrels, bottles, cans, containers
or similar material that may be permitted to remain thereon unless same shall
be placed on open racks that are elevated not less than eighteen inches (18")
above the ground, and evenly piled or stacked. (2007 Code § 31-74; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6-7: HAZARDOUS AND PROHIBITED WASTES REGULATED:
A. Deposits Prohibited Except For Special Collection: No person shall deposit in
a solid waste container or otherwise offer for city collection any hazardous
wastes or prohibited wastes, except when a special collection is established by
the city manager under subsection 13-6-3F of this chapter.
B. Transportation By Owner: Hazardous wastes and prohibited wastes shall be
transported by the owner to a sanitary disposal project licensed by the Iowa
Department of Natural Resources to accept such wastes.
C. Prohibited Wastes Described: "Prohibited wastes" includes, but is not limited
to, waste oils, lead acid batteries and tires. (2007 Code § 40-21; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
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13-6-8: VEHICLES HAULING SOLID WASTE:
A. Dropping, Sifting Or Leaking Of Load: No person shall haul any solid waste
upon the streets, alleys or public places of the city unless the vehicle used for
such purpose is so constructed or loaded or the load securely covered as to
prevent any of its load from dropping, sifting, leaking, or otherwise escaping or
its load covering from dropping from the vehicle, except that materials may be
dropped for the purpose of securing traction, or water or other substance may
be applied on a roadway in cleaning or maintaining such roadway.
B. Sanitary Condition: All vehicles, containers and dumpsters used for the
collection and removal of solid waste shall be kept in a clean, inoffensive, and
sanitary condition. All solid waste shall be handled in such a way as to prevent
the scattering, spilling or leakage of same. (2007 Code § 40-22)
13-6-9: USE OF STATE APPROVED DUMP SITE OR DISPOSAL PROJECT:
A. State Licensed Project: No person shall haul or cause to be hauled any solid
waste to any sanitary disposal project, dump site or any other area unless such
disposal project, dump site or other area is licensed by and in full compliance
with all regulations in the state in which it is located.
B. Filling Or Excavating; Permit Required: No person shall use dirt, stone, brick,
concrete or similar inorganic material forfill, landscaping, excavation or grading
without first obtaining a building permit, if required by other provisions of this
code, and only in conformance with all provisions of the zoning and subdivision
ordinances of this code. (2007 Code § 40-23)
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CHAPTER
SOLID WASTE
ARTICLE A. CITY OR PRIVATE COLLECTION SERVICE
SECTION:
13-6A-1:
City Manager's Authority Generally
13-6A-2:
Availability Of Collection Service
13-6A-3:
Frequency, Time And Areas Of Collection
13-6A-4:
Placement Of Containers For Collection
13-6A-5:
Ownership Of Materials; Unauthorized Collecting Prohibited
13-6A-6:
Rates And Charges Established; Exceptions
13-6A-7:
Charges; Billing And Collection
13-6A-8:
Yard Waste And Food Scraps
13-6A-9:
Private Collection Service
13-6A-1: CITY MANAGER'S AUTHORITY GENERALLY:
The City Manager is hereby authorized and directed to employ City owned vehicles
and equipment and the necessary operating personnel to collect solid waste, yard
waste and recyclable materials and to collect fees and administer the program as
provided for in this article in the City, upon the terms and conditions of this article.
(2007 Code § 40-31)
13-6A-2: AVAILABILITY OF COLLECTION SERVICE:
A. Collection service is provided within the City of Dubuque to residents and
businesses located within city limits as outlined below. The City Manager may
consider requests for service outside of city limits, in the City Manager's sole
discretion.
B. Class I Premises: City solid waste collection from residential premises as
defined in section 13-6-1 of this chapter shall be mandatory.
C. Class II Premises: Class II premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The
collection rate shall be determined according to the fee schedule set forth in
section 13-6A-6 of this article.
D. Class III Premises: Class III premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The
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collection rate shall be determined according to the fee schedule set forth in
section 13-6A-6 of this article.
E. Recycling Services: Class II premises not serviced by City solid waste
collection service and Class III premises may apply to the City Manager for
such recycling services. The collection rate shall be determined according to
the fee schedule set forth in section 13-6A-6 of this article.
F. Refusal Of Service: The City Manager may refuse solid waste collection service
or recycling services because of quantities or characteristics beyond the
capacity or capability to be handled efficiently or safely by City personnel and
equipment. (Ord. 14-19, 3-7-2019, eff. 7-1-2019; amd. Ord. 17-20, 4-23-2020;
Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-3: FREQUENCY, TIME AND AREAS OF COLLECTION:
A. Frequency And Time Of Collection: Collections shall be made not more than
once weekly at such time and in such areas of the City as shall be determined
and set out in schedules prepared by the City Manager in accordance with the
provisions of this article. All collections shall be made between the hours of six
o'clock (6:00) A.M. and nine o'clock (9:00) P.M.
B. Collection Schedule: The collection schedule shall not include official City
holidays unless otherwise determined by the City Manager. However, a
Saturday may be substituted as the collection day to replace the collection
which would otherwise be made on the day of the week the holiday occurs.
C. . Authority To Change Schedule: The City Manager is hereby authorized and
empowered to change or amend the collection schedules from time to time as
the City Manager may deem necessary. (2007 Code § 40-33; amd. Ord. 17-20,
4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-4: PLACEMENT OF CONTAINERS FOR COLLECTION:
A. Alleys: Where collections are made from alleys, solid waste containers shall be
placed in one location for each dwelling, in clear view and at the owner's
property line abutting the alley and on the days designated in said schedule.
B. Streets: Where collections are made from the street, solid waste containers
shall be placed in one location for each dwelling, in clear view and in the street
right-of-way on the owner's property side of the curb and on the days
designated in said schedule. Such containers shall be placed so as not to
interfere with vehicular and pedestrian traffic and when emptied shall be
promptly removed by the owner.
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s. C. Time Limit For Placement Of Containers On Streets: No person shall place
solid waste or recycling at the street for collection more than twenty-four (24)
hours before the scheduled collection day. No person shall leave solid waste
containers or recycling containers at the street for more than twenty-four (24)
hours after the scheduled collection day.
D. Early Placement: All solid waste shall be placed at the designated collection
location for City collection by six o'clock (6:00) A.M. on the scheduled collection
day.
E. Duty When Solid Waste Not Collected: Any solid waste not in compliance with
this chapter shall not be collected by the City and shall be removed by the
owner within twenty-four (24) hours after the scheduled collection day and
stored in such a manner as not to create a health, safety or fire hazard. (Ord.
27-17, 6-5-2017; amd. Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff.
7-1-2021)
13-6A-5: OWNERSHIP OF MATERIALS; UNAUTHORIZED COLLECTING
PROHIBITED:
From the time of placement for collection as provided in section 13-6A-4 of this
article, all solid waste and recyclable materials and recycling containers which meet
the requirements of this chapter placed for collection by the City shall become and
be the property of the City and it shall be a violation of this section for any person
other than authorized personnel of the City to collect, pick up, or cause to be
collected or picked up, any such materials. (2007 Code § 40-35)
13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. Class I Premises:
1. Base Fee And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per dwelling unit per month
shall be paid to the City by the property owner of each Class I premises for
such solid waste collection services. Said fee shall be in payment for collection
and disposal of one (1) thirty five (35) gallon can or one (1) thirty five (35)
gallon trash bag of "solid waste" as defined in this chapter. There is no limit on
the number of bins allowed to be collected containing acceptable "recyclable
materials" as defined in this chapter.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
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(1) Carts Required: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class I premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty-four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class I
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to
alley carts and multifamily dwellings opting to subscribe to solid waste cart(s)
must provide a minimum of thirty (30) gallons of capacity for each dwelling unit.
The City may, in its sole discretion, require additional capacity per unit if thirty
(30) gallons for each dwelling unit is insufficient. The City shall notify the
applicable account holder in writing of the additional capacity requirement.
3. Class I Premises Exceptions:
a. When a Class I premises has been vacant for a period not less than
two (2) consecutive months, the owner may apply to the City Manager for a
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credit under procedures to be established by the City Manager. Such credit
shall continue only so long as the Class I premises is vacant.
b. In cases of extreme financial hardship, the City Manager may, and is
hereby authorized and empowered to, make adjustments in the monthly
collection charges as the City Manager may deem appropriate. In such cases,
the City Manager shall have the authority to require such proof of financial
status or extreme hardship, as the City Manager may deem necessary.
c. When resident(s) of a Class I premises has an annual income equal
to or less than the income standards used by HUD for its "Section 8 Housing
Program" for the size of that household may, upon application to the City
Manager or designee, be exempted from one-half (1/2) the established
collection charge. After the initial application, annual application shall be made
by the account holder of the City of Dubuque utility bill for the premises to verify
annual income and eligibility.
B. Class II Premises:
1. Base Fees And Conditions: Unless subscribed to a solid waste cart, a fee
of fifteen dollars and thirty-eight cents ($15.38) per month shall be paid to the
City by the property owner of each Class II premises for such solid waste
collection services. Said fee shall be in payment for collection and disposal of
one (1) thirty five (35) gallon can or one (1) thirty five (35) gallon trash bag of
"solid waste" as defined. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as defined.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
(1) Carts Required: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class II premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty-four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
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b. Optional Cart Subscriptions: r
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class II
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid -
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to
alley carts and multifamily dwellings opting to subscribe to solid waste cart(s)
must provide a minimum of thirty (30) gallons of capacity for each dwelling unit.
3. Termination: The owner of a Class II premises served by the City solid
waste collection may provide the City Manager with not less than fourteen (14)
days' written notice of intent to terminate the service. Such termination of
service shall be effective at the beginning of the next billing period after such
fourteen (14) day notice period.
4. Recycling Only: Upon approval of an application for City recycling
collection a fee of six dollars ($6.00) per month per unit shall be paid to the City
by the property owner of each Class II premises not serviced by City solid
waste collection services for recycling collection.
C. Class III Premises:
1. Base Fees And Conditions: Unless subscribed to a solid waste cart, a fee �.
of fifteen dollars and thirty-eight cents ($15.38) per dwelling per month shall be
paid to the City by the property owner of each Class III premises for such
services. Said fee shall be in payment for collection and disposal of one (1)
thirty five (35) gallon can or one (1) thirty five (35) gallon trash bag of "solid
waste" as defined. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as defined.
2. Solid Waste Cart Subscriptions:
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a. Mandatory Subscription Alleys:
(1) Required Carts: Alley carts, owned by the City for semiautomated
lifting, are required to be subscribed to in certain alleys, by owners,
tenants, and/or property managers of Class III premises where the
approved set out location is in a mandated alley. Subscribers must
comply with program requirements as approved by the City Manager.
The customer shall choose the number and size of the cart. The
options include a thirty-four (34), forty-eight (48), sixty-four (64), or
ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars
and thirty-eight cents ($15.38) per month. The fee for a sixty-four (64)
gallon solid waste cart is sixteen dollars and sixty-five cents ($16.65)
per month. The fee for a ninety-six (96) gallon solid waste cart is
twenty-four dollars and seventy-eight cents ($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by
the City for semi -automated lifting, are not mandated carts may be
subscribed to by owners and/or property managers of Class III
premises. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the
number and size of the cart. The options include thirty-four (34),
forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid
waste cart is fifteen dollars and thirty-eight cents ($15.38) per month.
The fee for a forty-eight (48) gallon solid waste cart is seventeen
dollars and twenty-two cents ($17.22) per month. The fee for a
sixty-four (64) gallon solid waste cart is twenty dollars and sixty-five
cents ($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine and dollars ($29.00) per month.
3. Termination: The owner of a Class III premises served by City solid waste
collection may provide the City Manager with not less than fourteen (14) days'
written notice of intent to terminate the service. Such termination of service
shall be effective at the beginning of the next billing period after such fourteen
(14) day notice period.
4. Recycling Only: Upon approval of an application for City recycling
collection a fee of six dollars ($6.00) per month per unit shall be paid to the City
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by the property owner of each Class III premises not serviced by City solid
waste collection services for recycling collection.
D. Unit Based Pricing: Collection options and charges under unit -based pricing for
Class I, II and III premises are as follows:
1. A yearly subscription for weekly collection of an additional standard solid
waste container, or containers, may be subscribed for an additional eight
dollars ($8.00) each per month.
2. Oversized, nonstandard rigid solid waste containers of up to fifty (50)
gallons in capacity may be subscribed as the one container covered under the
base monthly solid waste fee for an additional five dollars ($5.00) per month.
Such containers shall be holders for standard trash bags for manual removal
by City crews, shall not contain any loose material, and shall not be lifted and
dumped by crews. Individual trash bags held in the oversized container shall
weigh no more than forty (40) pounds.
3. A yearly subscription for weekly collection of an additional oversized solid
waste container, or containers, may be subscribed for an additional twelve
dollars ($12.00) each per month.
4. Official City of Dubuque single -use stickers costing one dollar and fifty
cents ($1.50) shall be applied to each additional standard solid waste container
or small bulky or bundled item in excess of the one standard solid waste
container collected under the base monthly solid waste fee or any additional
subscribed container(s).
5. Multiple -family dwellings of three (3), four (4), five (5), and six (6) dwelling
units as well as Class II or Class III premises sharing a common set out
location with other City solid waste customers shall only use approved rigid
solid waste containers with permanent identification as to the specific premises.
However, for the two (2) weeks following Christmas, excess solid waste may
be set out in trash bags with applied City of Dubuque single use stickers. The
capacity must be a minimum of thirty (30) gallons per dwelling unit.
E. Special Collection: The charge for a special collection service for large and
bulky rubbish to each dwelling unit receiving such service when requested by
the owner shall be as follows:
1. A fee often dollars ($10.00) shall be paid by the owner for each time the
service is provided for up to the equivalent of three (3) cubic yards of solid
waste.
2. An additional fee of twelve dollars and fifty cents ($12.50) shall be paid for
each additional three (3) cubic yards of solid waste.
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3. An additional fee for tires, equal to the disposal fees charged at the
Dubuque Metro Landfill, shall be paid to the City by the owner for each tire.
4. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each appliance collected in the service.
5. An additional fee of ten dollars ($10.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for service
on a day not receiving weekly collection at the service address.
6. An additional fee of ten dollars ($10.00) shall be paid to the City by the
l owner for each collection requested by the owner to be scheduled for
immediate service or whenever crews are sent back to the service address to
collect items that were not properly set out on time as previously scheduled.
7. An additional fee of twenty dollars ($20.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for collection
of electronics including one device with an electronic screen (laptops, monitors,
TVs, etc.). An additional fifteen -dollar ($15.00) fee will apply for each additional
device with an electronic screen set out per collection. (Ord. 14-19, 3-7-2019,
eff. 7-1-2019; amd. Ord. 17-20, 4-23-2020; Ord. 22-20, 6-1-2020; Ord. 9-21,
3-24-2021, eff. 7-1-2021)
13-6A-7: CHARGES; BILLING AND COLLECTION:
A. City Billing: The City Manager is authorized to bill tenants upon the written
request of the property owner and according to a procedure to be established
by the City Manager. The property owner in such cases shall provide any
information on each tenant's mailing address to aid in the collection of fees for
City services. In all cases, the property owner shall remain liable for the
payment of all charges required by this chapter.
B. Monthly Billing: All accounts shall be billed monthly. The payment of bills is
subject to the terms of section 13-1 C-4 of this title.
C. Unpaid Billing For Class I Premises: The collection of solid waste provided
Class I premises and the maintenance of the availability of such service,
whether or not such service is used regularly or not at all by the owner of such
Class I premises, is hereby declared a benefit to said premises at least equal
to the monthly charges specified, and in case of failure to pay the monthly
charge when billed as heretofore provided, then the monthly charge shall
become a lien against the property benefited or served and shall be collected
in the same manner as general Property Taxes.
D. Certify Delinquent Accounts To County Treasurer: It is the duty of the City
Treasurer to certify the actual rates and fees plus the costs of administration
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to the County Treasurer as provided in section 13-1 C-4 of this title and all such
costs will constitute a lien against said property and be collected with and in the
same manner as general Property Taxes on said property. (Ord. 29-08,
5-5-2008; amd. Ord. 56-12, 9-17-2012; Ord. 3-20, 1-21-2020)
13-6A-8: YARD WASTE AND FOOD SCRAPS:
A. Separation Of Yard Waste: Yard waste shall be separated by the owner of a
premises from all other solid waste.
B. Composting: An owner may compost such person's own yard waste and food
scraps on such person's own premises, provided the same is stored in such a
manner as to not create a fire, health or safety hazard.
C. Collection Schedule For Yard Waste: Yard waste that has not been composted
shall be collected by the City not more than once each week according to the
collection schedule established by the City Manager.
D. Preparation Of Waste: Containerized yard waste collected by the City shall be
placed in degradable paper bags with an affixed single use sticker or in rigid
waste containers with an affixed single use tag or in permanent waste
containers with an affixed annual yard waste decal or in a subscribed sixty-five
(65) gallon City owned yard waste cart or be contained by tying devices
approved by the City Manager. The charges for collection and disposal of "yard
waste" as defined shall be as follows:
1. The fee for tying devices approved by the City Manager shall be one dollar
thirty cents ($1.30) each.
2. The fee paid to the City by a customer of record with the City for an annual
yard waste decal for a rigid waste container shall be thirty-five dollars ($35.00)
each through June 30 of each year. The fee shall be reduced by one-half (1/2)
on July 1 of each year and again by one-half (1/2) on September 1 of each
year. A decal shall only be used by the customer of record with the City who
purchased it.
3. The fee for single use stickers shall be one dollar and thirty cents ($1.30)
each.
4. The fee paid to the City for subscription to a sixty-five (65) gallon City
owned yard waste cart shall,be eleven dollars ($11.00) per month.
5. The minimum fee paid to the City for collection of a scheduled leaf rake out
is twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile of
leaves in the parking lane at the curb.
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E. Food Scrap Collection Program Subscribers: Subscribers to the food scrap
collection program shall set out City owned carts containing food scraps and
other compostable materials.
SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES
Customer Class
Cart Size
Monthly Rates
City refuse customers and K - 12 schools
13 gallon
$1.00
48 gallon
$8.00
64 gallon
$11.00
Commercial customers without City refuse collection
13 gallon
$4.00
48 gallon
$15.00
64 gallon
$20.00
1. Such carts shall be co -collected with yard waste. The customer shall
choose the number and size of the cart(s).
2. Such carts shall be set out weekly to reduce potential nuisance concerns.
Failure to use, store or set out the cart properly shall cause the subscription to
be terminated.
F. Deposits In Public Rights -Of -Way Prohibited: No person shall deposit any yard
waste or food scraps in any public right-of-way. (Ord. 4-16, 3-14-2016, eff.
7-1-2016; amd. Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
13-6A-9: PRIVATE COLLECTION SERVICE:
A. License Required: No person shall engage in the business of removing or
hauling solid waste from the premises of another person without a license to
do so from the City Manager. The issuance of such license shall be in the
manner prescribed and subject to the terms of title 4, chapter 1 of this Code.
(2007 Code § 40-46)
B. Application For License; Fee: Application for such license shall specify the type
of equipment and vehicles to be used, the routes to be traveled, the places to
be served and the name and residence of the applicant. Such person shall pay,
at the Office of the City Treasurer, an annual license fee of twenty-five dollars
($25.00) per year for each vehicle engaged in such business. (2007 Code
§ 40-47)
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C. Display Of License Number On Vehicle: No person shall operate a vehicle
licensed under this section unless the license number is prominently displayed
on the lower portion of the driver's side of the windshield in clear view. Such
license number shall be affixed to the vehicle not less than five (5) days after
the day of issue. (2007 Code § 40-48)
D. Separability Of Provisions: It is the intention of the City Council that each
subsection, paragraph, sentence, clause and provision of this section is
separable, and if any provision is held unconstitutional or invalid for any reason,
such decision shall not affect the remainder of this section nor any part thereof
other than that affected by such decision. (2007 Code § 40-50; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021)
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CHAPTER 2
LONG RANGE PLANNING ADVISORY COMMISSION
SECTION:
15-2-
1:
Commission Created
15-2-
2:
Purpose
15-2-
3:
Internal Organization And Rules
15-2-
4:
Procedures For Operation
15-2-
5:
Membership
15-2-
6:
Oath
15-2-
7:
Terms
15-2-
8:
Vacancies
15-2-
9:
Officers/Organization
15-2-10:
Meetings
15-2-11:
Compensation
15-2-12:
Removal
15-2-13:
Powers
15-2-1: COMMISSION CREATED:
There is hereby created the long range planning advisory commission. (Ord. 62-15,
9-21-2015)
15-2-2: PURPOSE:
The purpose of the commission is to foster the community planning process,
develop policies, goals, plans, and management tools based on a consensus of
community values, and help guide the community's future development, public
policies, and decision making. (Ord. 62-15, 9-21-2015)
15-2-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 62-15, 9-21-2015)
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15-2-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 62-15, 9-21-2015)
15-2-5: MEMBERSHIP:
A. Composition: The commission comprises seven (7) residents of the city,
appointed by the city council.
B. Age: Residents must be eighteen (18) years of age or older.
C. Qualifications:
1. All members must be qualified by their knowledge, experience, and ability
to contribute to the city's long range planning and development efforts.
2. Cross -Representation: One (1) member must be appointed by and from
the membership of the Housing Commission, with concurrence of the city
council. (Ord. 62-15, 9-21-2015; amd. Ord. 4-21, 2-15-2021) .
15-2-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute
an oath of office at the first meeting of the commission following the appointment
or reappointment or at the city clerk's office any time prior to the first meeting of the
commission. (Ord. 62-15, 9-21-2015)
15-2-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The term of the cross -representative
appointee to the Long Range Planning Advisory Commission must coincide with
their term on the Housing Commission. (Ord. 62-15, 9-21-2015; amd. Ord. 4-21,
2-15-2021)
15-2-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 62-15,
9-21-2015)
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15-2-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers forthe remainder of the officer's unexpired term. (Ord. 62-15, 9-21-2015)
15-2-10: MEETINGS:
A. Meetings: Meetings may be called by the Chairperson or at the written request
of a majority of the Commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance:
1. In the event a Commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
Chairperson, such absence will be grounds for the commission to recommend
to the City Council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes: A copy of the minutes of all meetings of the commission must be filed
with the City Council within ten (10) working days after each meeting, or by the
next regularly scheduled City Council meeting, whichever is later.
E. Quorum: Four (4) Commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the Commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 46-16,
9-19-2016)
15-2-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the City administrative policies
and budget. (Ord. 62-15, 9-21-2015)
15-2-12: REMOVAL:
Except as provided in subsection 15-2-10C1 of this chapter, the City Council may
remove any Commissioner for good cause. (Ord. 62-15, 9-21-2015)
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15-2-13: POWERS: y
The commission has the following powers, duties, and responsibilities:
A. To provide a leadership role in the planning, coordinating, and sponsoring of
a periodic community planning process;
B. To coordinate and supervise the preparation and maintenance of the
Comprehensive Plan;
C. To provide input to the City Manager in the preparation of the City Manager's
recommended multiyear Capital Improvement Program;
F
D. To make comprehensive studies of the present condition and the future growth
of the City to provide input into the community planning process and to guide
and accomplish a coordinated, consistent, and harmonious development in
accordance with the present and future needs thereof to the end that the
health, safety, morals, order, convenience, prosperity, and general welfare may
be promoted; .
E. To make or cause to be made such surveys, studies, maps, plans, or charts of
the City with due regard to its relation to neighboring territory as may be
determined as necessary to carry out the purposes of the commission;
F: To recommend amendments to all or parts of the Comprehensive Plan in
response to the community planning process, upon its own initiative or upon
recommendation presented by the Zoning Advisory Commission, but only after
a public hearing;
G. To review proposed urban renewal plans and urban revitalization plans for
consistency with the Comprehensive Plan;
H. To undertake public information efforts to enhance public understanding of the
community planning process generally and the Comprehensive Plan
specifically; and
I. To undertake from time to time other specific long range planning projects
which may be referred to the commission by the City Council. (Ord. 41-17,
9-5-2017)
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