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Establishing Solid Waste Rates and Additional Proposed Revisions under City of Dubuque Code of Ordinances for Fiscal Year 2025 Copyrighted April 15, 2024 City of Dubuque Action Items # 04. City Council Meeting ITEM TITLE: Establishing Solid Waste Rates and Additional Proposed Revisions under City of Dubuque Code of Ordinances for Fiscal Year 2025 SUM MARY: City Manager recommending City Council adopt an ordinance establishing solid waste rates and additional proposed revisions under City of Dubuque Code of Ordinances for Fiscal Year 2025.Additional information is located in the City Manager's memo for Public Hearing #4. ORDINANCE Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA DISPOSITION: ATTACHMENTS: Description Type Memo-Proposed Revisions to Title 13 Chapter 6 of the Staff Memo Code of Ordinance Ordinance Ordinance Dubuque THE CITY OF � All-A�eerica Cipr Du8 E ,� r:,,, k�� � � � � I�► Maste iece on the Mississi i z°°'"z°�z�z°s3 �`P PP zoi�*zoi9 TO: Michael C. Van Milligen, City Manager FROM: Arielle Swift, Public Works Director SUBJECT: Proposed Revisions to Title 13 Chapter 6 of the Code of Ordinance DATE: April 11, 2024 INTRODUCTION The purpose of this memorandum is to submit a proposed ordinance for your review and approval. This ordinance would remove 13-6-3, Section 13-6A-8, and Paragraph E of Section 13-6A-10; add Section 13-6A-3, Section 13-6A-4, Section 13-6A-5, Section 13-6A-6, Paragraphs E, F, G, H, I, and J of Section 13-6A-8, and Paragraph E and F of Section 13-6A-11; and revise Section 13-6-1, Section 13-6-3, Section 13-6-5, Paragraph D of Section 13-6-6, Section 13-6A-1, Paragraphs A, B, C, D, E, and F of Section 13- 6A-2, Paragraphs A, and C of Section 13-6A-8, and Paragraphs A, B, C, and D of Section 13-6A-10. DISCUSSION Title 13 of the Code of Ordinances is entitled "Public Utilities." Chapter 6 of Title 13 is entitled "Solid Waste." Removals Removed Section titles are as follows: - 13-6-3 Container Requirements; Collection Restrictions - 13-6A-8 Yard Waste and Food Scraps - 13-6A-10 Rates and Charges Established; Exceptions I recommend removal of Section 13-6-3. This Section removes outdated customer owned container requirements due to implementing city issued refuse collection service carts. Any Paragraphs applicable to other collection services provided are now held within Section 13-6A-3, Section 13-6A-4, Section 13-6A-5 or Section 16-6A-8. I recommend removal of Section 13-6A-8. This Section is now held within Section 13- 6A-5. I recommend removal of Paragraph E of Section 13-6A-10. This Paragraph is now held in Paragraphs A, B, C, and D of Section 13-6A-10. Additions Additional Section titles are as follows: 1 - 13-6A-3 Refuse Collection Service - 13-6A-4 Recycling Collection Service - 13-6A-5 Organic Waste Collection Service - 13-6A-6 Bulky Item Collection Service - 13-6A-8 Storage, Containment, and Set-Out Locations of Solid Waste - 13-6A-11 Charges; Billing and Collection I recommend additions of Section 13-6A-3, Section 13-6A-4, Section 13-6A-5, and Section 13-6A-6. These Sections outline specific requirements within Refuse Collection Services, Recycling Collection Services, Organic Waste Collection Services, and Bulky Item Collection Services. These additional Sections group collection requirements within separate collection services for clarification and set the rates. Other changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. I recommend additions of Paragraphs E, F, G, H, I, and J of Section 13-6A-8. These additions provide clarification and requirements regarding city issued carts and include city issued cart exemption guidance. Other changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. I recommend additions of Paragraph E and F of Section 13-6A-11. These additions provide guidance on applications of fee relief for customers who may qualify. Other changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. Revisions Revised Section titles are as follows: - 13-6-1 Definitions - 13-6-3 Wrapping and Draining of Certain Solid Wastes - 13-6-5 Storage and Accumulation Restricted - 13-6A-1 City Manager's Authority Generally - 13-6A-2 Availability of Collection Service - 13-6A-8 Storage, Containment, and Set-Out Locations of Solid Waste I recommend revisions of Section 13-6-1, Section 13-6-3, Section 13-6-5, Section 13- 6A-1, Paragraphs A, B, C, D, E, and F of Section 13-6A-2, and Paragraphs A, and C of Section 13-6A-8. The changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. I recommend revisions of Paragraph D of Section 13-6-6. Revisions to Paragraph D identify a more comprehensive list of materials city solid waste collection service will not collect. Other changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. I recommend revisions of Paragraph A, B, C, and D of Section 13-6A-10. These revisions group collection requirements and establishes associated fees within separate 2 collection services for clarification. Other changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. Additions Additional Section titles are as follows: - 13-6A-3 Refuse Collection Service - 13-6A-4 Recycling Collection Service - 13-6A-5 Organic Waste Collection Service - 13-6A-6 Bulky Item Collection Service - 13-6A-8 Storage, Containment, and Set-Out Locations of Solid Waste - 13-6A-11 Charges; Billing and Collection I recommend additions of Section 13-6A-3, Section 13-6A-4, Section 13-6A-5, and Section 13-6A-6. These Sections outline specific requirements within Refuse Collection Services, Recycling Collection Services, Organic Waste Collection Services, and Bulky Item Collection Services. These additional Sections group collection requirements within separate collection services for clarification. Other changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. I recommend additions of Paragraphs E, F, G, H, I, and J of Section 13-6A-8. These additions provide clarification and requirements regarding city issued carts and include city issued cart exemption guidance. Other changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. I recommend additions of Paragraph E and F of Section 13-6A-11. These additions provide guidance on applications of fee relief for customers who may qualify. Other changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. Proposed Ordinance and Effect of Amendment detailing changes are enclosed. RECOMMENDATION I recommend City Manager and City Council approve the proposed ordinance changes to Title 13 Chapter 6. Enclosure(s) Proposed Ordinance Effect of Amendment CC: Jennifer Larson, Chief Financial Officer Paul Davis, Field Operations Supervisor Jake Jansen, Resource Management Supervisor 3 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4113 ORDINANCE NO. 13 - 24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 13, Chapter 6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-6-1: DEFINITIONS: For the purpose of this chapter the following definitions shall apply: Any material such as lumber, floor coverings, brick, plaster, sheet metal or any other substances BUILDING MATERIALS: accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures. Any items that do not fit into a city -issued refuse cart and BULKY ITEM(S) that are larger than three feet by two feet or weigh more than 40 pounds. Shall mean and include the following properties in the City of Dubuque - Single -family dwellings. Multiple -family dwellings up to and including six (6) dwelling units. CLASS I PREMISES: 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. Residential premises other than Class I residential premises, located in the City of Dubuque, including: CLASS 11 PREMISES: Dwellings in trailer courts; Schools, colleges, churches, convents, nursing homes, rooming houses and other semiprivate institutions; and Multiple -family dwellings exceeding six 6 dwelling units. All business and commercial premises located in the City CLASS iII PREMISES: 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. Shall mean and include one or more connected rooms DWELLING UNIT: having complete kitchen facilities and arranged, designed, or used as living quarters for one family only. Solid, semisolid, and liquid animal and vegetable FOOD SCRAPS: residuals resulting from the handling, preparing, cooking, storing, serving and consuming of food. All solid and semisolid, putrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material GARBAGE: 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. Waste materials, including, but not limited to, poisons, pesticides, herbicides, acids, caustics, biohazardous wastes, flammable or explosive materials and similar HAZARDOUS WASTES: 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. Any biodegradable waste material originating from plants, animals, or other natural sources that can be decomposed or broken down into simpler organic compounds through biological processes. This includes ORGANIC WASTE: but is not limited to food scraps, yard waste, paper products, and other biodegradable materials. Organic waste does not include materials such as plastics, metals, or glass which do not readily decompose under natural conditions. In addition to the record titleholder, any person residing in, renting, leasing, occupying, operating, or transacting OWNER: 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. Materials, as designated by the City of Dubuque and set RECYCLABLE out in this chapter, which would otherwise become solid MATERIALS: waste that can be source separated, collected, processed, and returned to the economic stream in the form of raw materials or products. All landfilled material generated by occupiers of land REFUSE: within the City of Dubuque corporate limits, whether recyclable or nonrec clable material. Garbage, refuse, rubbish, recyclable materials, organic waste, and other similar discarded solid or semisolid SOLID WASTE- materials, including, but not limited to, such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste does not include toxic or hazardous materials. Organic materials generated from routine maintenance and landscaping activities within residential, commercial, or public properties. This includes grass clippings, YARD WASTE: leaves, branches, shrub trimmings, and other vegetative matter originating from the maintenance of lawns, gardens, and outdoor landscapes. Yard waste does not include materials such as soil, rocks, or construction debris. 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. 13-6-3: 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. 13-6-4: 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. 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. 13-6-5: STORAGE AND ACCUMULATION RESTRICTED: A. 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. 13-6-6: 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. 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. D. The City of Dubuque solid waste collection service will not collect, including but not limited to, the following materials: Industrial waste; oil soaked rags, solvents, liquid paints, acids, chemicals, or other explosive or highly combustible or flammable or hazardous materials; caustics, poisons, pesticides or herbicides; radioactive or toxic waste, biomedical waste; liquids, including motor oil; gaseous waste; septage, raw sewage, sludge and industrial process sludge; manure contaminated hay and straw or animal feces unless properly bagged; carcasses, viscera, or entrails of animals, unless properly contained, wrapped, or packaged; hot ashes; and building materials. 13-6-7: 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. 13-6-8: 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. ARTICLE A. CITY OR PRIVATE COLLECTION SERVICE 13-6A-1: CITY MANAGER'S AUTHORITY GENERALLY: The City Manager, or designee, is hereby authorized and directed to employ City owned vehicles and equipment and the necessary operating personnel to collect refuse, recyclable materials, organic waste, and bulky items 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. 13-6A-2: AVAILABILITY OF COLLECTION SERVICE: A. Collection service is provided within to City residents and businesses as described in this Chapter. The City Manager may consider requests for service outside of city limits, at the City Manager's sole discretion. B. Class I Premises: City solid waste collection services 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. 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. E. Recycling Services: Class II premises not serviced by City solid waste collection services and Class I II premises may apply to the City Manager for such recycling services. F. Refusal Of Service: The City Manager may refuse solid waste collection services or recycling services because of quantities or characteristics beyond the capacity or capability to be handled efficiently or safely by City personnel and equipment. 13-6A-3: REFUSE COLLECTION SERVICE: A. All City of Dubuque solid waste customers shall use a city -issued cart for collection. The base rate gives access to a 35-gallon tipper cart for weekly refuse collection. B. In cases where a customer may choose multiple refuse carts or a cart larger than the base rate 35-gallon cart, the customer may choose from three additional cart sizes of forty-eight (48), sixty-four (64), or ninety-six (96) gallons. C. Excess Refuse: Official City of Dubuque single -use refuse stickers shall be applied to each additional standard 35-gallon solid waste container, bag, or small item (not exceeding 3 feet by 2 feet or heavier than 40 pounds) which does not fit in the subscribed cart. D. Electronics or items larger than 3 feet by 2 feet or heavier than 40 pounds must be scheduled as a bulky item pick-up. E. The City Manager may require additional cart capacity if the subscribed cart is insufficient. The City shall notify the applicable account holder in writing of the additional capacity requirement, deliver the larger cart, and adjust the monthly bill. F. All refuse placed into City -issued carts must be in tied bags. G. Except for Class II premises, biomedical 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. Other biomedical waste, such as soiled bandages, disposable sheets, and medical gloves, shall be placed in thick disposable plastic bags or shall be double -bagged. H. Glass and similar materials shall be placed in puncture -resistant boxes and securely closed. 13-6A-4: RECYCLING COLLECTION SERVICE: A. One City owned curbside recycling container shall be provided by the City to each dwelling for the collection of recyclable materials. if additional recycling capacity is needed, a second container may be issued. B. The following types of solid waste are curbside recyclable materials: Rigid plastics with a recycling symbol between #1 — 5, Paper/cardboard/newspaper, and metal materials (such as cans, clean foil, pans). C. When a customer's recycling container is frequently contaminated with nonrecyclable material and violations persist, the City may remove the container and stop the weekly collection. 13-6A-5: ORGANIC WASTE COLLECTION SERVICE: A. All organic waste shall be separated from all other solid waste and shall be composted on the premises or placed in yard waste collection containers for collection. B. Any premises composting on site shall maintain all compost plies in accordance with Title 6, Chapter 4 of this Code. C. Organic waste shall be collected according to the schedule established by the City Manager. D. The following materials may be collected curbside: branches and tree limbs - less than 5 feet long (must be bundled), flowers and potted plants (no pots), food scraps - fruit and vegetables, peels, pits, coffee grounds, eggshells, bread, and grain products, grass clippings, leaves, plants, weeds, brush, natural Christmas trees, and non -wax coated paper products. E. Preparation Of Organic Waste: Organic waste collected by the City shall be placed in biodegradable paper bags no more than 35-gallons, bundled branches, privately owned 35-gallon containers, subscribed city -issued 64-gallon organic waste carts, or subscribed city issued 13-gallon organic waste carts. F. Organic waste set -out in a biodegradable paper bag requires single use stickers. The bags shall be no more than 35-gallon capacity, minimum two-ply weatherized material, and designed for yard waste collection capacity. G. Disposable organic waste bags shall not exceed 40 pounds without tearing or falling apart. Cardboard boxes or plastic bags shall not be used for organic waste collection. H. Organic waste set out in privately owned 35-gallon cans require a single -use yard waste sticker or an annual decal. 13-6A-6: BULKY ITEM COLLECTION SERVICE: A. No person shall place bulky items that are larger than 3 feet by 2 feet in diameter or weigh over 40 pounds out for collection except in accordance with the provisions of this chapter. B. Premises receiving City solid waste collection service are eligible to set out bulky items for collection provided the customer schedules in advance of their collection. Items which are placed out for collection which have not been previously scheduled for collection will not be collected and the property owner shall be responsible for their removal. 13-6A-7: 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 6:00 A.M. and 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. 13-6A-8: STORAGE, CONTAINMENT, AND SET -OUT LOCATIONS OF SOLID WASTE: 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. 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. C. Time Limit For Placement Of Containers On Streets: No person shall place solid waste or recycling at the street for collection more than 24 hours before the scheduled collection day. No person shall leave solid waste containers or recycling containers at the street for more than 24 hours after the scheduled collection day. All solid waste shall be placed at the designated collection location for City collection by 6:00 A.M. on the scheduled collection day. D. 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 24 hours after the scheduled collection day and stored in such a manner as not to create a health, safety, or fire hazard. E. Solid waste collection containers stored in the right-of-way for longer than 24 hours after the scheduled collection day may be subject to removal at the property owner's expense. F. The City may make exceptions for the storage and set out of solid waste containers for elderly or disabled persons upon application to the Public Works Department. G. On collection days, solid waste containers shall be placed in plain view at a point within two feet of the curb or alley line. H. If a customer would like to change the location of the normal set -out for collection, it must be approved by the City. 1. Containers must have a two -foot radius around each container, and the lid of the container must open toward the street or alley. J. Material not intended for collection shall not be kept on or near the curb or alley line. The city shall not be responsible for any material so placed which is collected for disposal. 13-6A-9: OWNERSHIP OF MATERIALS; UNAUTHORIZED COLLECTING PROHIBITED: From the time of placement for collection as provided in section 13-6A-8 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. 13-6A-10: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Refuse, 1. Base Fee and Conditions: A fee of $17.25 per dwelling unit per month shall be paid to the City by the account holder for solid waste collection services. The fee shall be in payment for collection and disposal of one (1) 35-gallon City owned cart per month per cart. 2. Optional Carts: The fee for a 48-gallon solid waste cart shall be $19.31 per month. The fee for a 64-gallon solid waste cart is $23.16 per month per cart. The fee for a 96- gallon solid waste cart is $32.53 per month per cart. 3. Alley Cart Fees: The fee for a 48-gallon solid waste cart is $17.25 per month per cart. The fee for a 64-gallon solid waste cart is $18.76 per month per cart. The fee for a 96-gallon solid waste cart is $26.92 per month per cart. 4. Shared Carts: In multifamily dwellings, where the property owner is the account holder, the owner can opt to using shared 96-gallon carts. Each unit will be billed the basic service, and the number of units will share one or more 96-gallon carts. 5. Single -use Refuse stickers: The fee for a single use refuse sticker shall be $2,00 and shall be applied to each additional standard solid waste container, bag, or small item. 6. A fee of $20.00 shall be paid to the City for each removal of refuse containers from the curb. B. Recycling. 1. For Class II premises not serviced by City solid waste collection services for recycling collection, upon approval of an application for City recycling collection a fee of $7.00 per month per 96-gallon container (or volume equivalence) shall be paid to the City by the property owner of each. 2. A fee of $20.00 shall be paid to the City for each removal of recycling containers from the curb. C. Organic Waste. 1. The fee for single -use brush -tie shall be $1.50 each. 2. The fee for single use stickers shall be $1.50 each, 3. The fee paid to the City by a customer of record with the City for an annual yard waste decal for a privately -owned rigid 35-gallon container shall be $40.00 each. A decal shall only be used by the customer of record with the City who purchased it. 4. The fee paid to the City for subscription to a 64-gallon City -issued organic waste cart shall be $10.00 per cart per month. 5. The minimum fee paid to the City for collection of a scheduled leaf rake out is $20.00 for a forty (40) standard leaf bag equivalent pile of leaves in the parking lane at the curb. 3. A fee of $20.00 shall be paid to the City for each removal of organic waste containers from the curb. D. Bulky Waste. 1. A fee of $13.00 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 $13.00 shall be paid for each additional three (3) cubic yards of solid waste. 3. A fee of $6.00 shall be paid to the City for each tire. 4. A fee of $20.00 shall be paid to the City by the owner for each appliance collected in the service (such as stoves, microwaves, dishwashers, refrigerators, and dehumidifiers). 5. A fee of $6.00 shall be paid to the City for metal material that is larger than 2 feet by 3 feet and or heavier than 40 pounds (such as grills, bed rails, exercise bikes). 6. A fee of $20.00 shall be paid to the City for each collection of a TV or monitor. 7. A fee of $6.00 shall be paid to the City for the collection of items with a plug in/chord per pick-up (such as VCR's, computer tower, or computer printer), Excluding TVs and monitors. 8. A fee of $20.00 shall be paid to the City for each collection requested by the for service on a day not receiving weekly collection at the service address in which the collection crew is not in that service area or is not a current weekly solid waste customer of the City. Service 35-Gallon Cart 48-Gallon Cart 64-Gallon Cart 96-Gallon Cart 48-Gallon - ALLEY CART Refuse 64-Gallon - ALLEY CART 96-Gallon - ALLEY CART Shared Cart Fee Per Unit Single -Use Trash Sticker Discount for Income Eligible Customers (see Paragraph F of Section 13-6A-F Oraanic Waste Annual Yard Waste Decal FY25 Rates $17.25 $19.31 $23.16 $32.53 $17.25 $18.67 $26.92 $17.25 $2.00 ($8.63) $40.00 64-Gallon Cart 13-Gallon Cart Leaf Rake -Out Yard Waste Brush Ties Single -Use Yard Waste Sticker Recycling Recycling Only - Residential & Commercial $10.00 $1.00 $20.00 $1.50 $1.50 $7.00 1 Hopper - 3 Cubic Yd of Refuse Tire Bulky Items Large Metal Material Pick -Up Appliance TV and Monitors Electronic Pick -Up Off-Route/Non-Customer Fee Miscellaneous Right -Of -Way Removal Fee $13.00 $6.00 $6.00 $20.00 $20.00 $6.00 $20.00 $20.00 13-6A-11: 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 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. E. In cases of extreme financial hardship, the City may make adjustments in the monthly collection charges as deemed appropriate. In such cases, the City may require proof of financial status or extreme hardship, as the City may deem necessary. F. When resident(s) of a Class I premises meets the HUD "Section 8" guidelines for the size of the household may, upon application to the City Manager or designee, be exempted from one-half (112) the established 35-gallon refuse collection service rate. After the initial application, annual review is required. 13-6A-12: 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. 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 persons shall pay, at the Office of the City Treasurer, an annual license fee of $25.00 per year for each vehicle engaged in such business. 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. 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. Section 2. This ordinance shall take effect July 1, 2024. Passed, approved, and adopted this 15th day of April, 2024. bad Cavanag��or Attest: e�z� A "Z Adrienne Breitfelder, City Clerk EFFECT OF AMENDMENT 13-6-1: DEFINITIONS: For the purpose of this chapter the following definitions shall apply: Any material such as lumber, floor coverings, brick, plaster, sheet metal or any other substances BUILDING MATERIALS: accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existin structures. Any items that do not fit into a city-issued refuse cart and BULKY ITEM(S) that are larger than three feet by two feet or weigh more than 40 pounds. 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. CLASS I PREMISES: 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. Residential premises other than Class I residential premises, located in the City of Dubuque, including: A. Dwellings in trailer courts; CLASS II PREMISES: B. Schools, colleges, churches, convents, nursing homes, rooming houses and other semiprivate institutions; and C. Multiple-family dwellings exceeding six (6) dwellin units. All business and commercial premises located in the City CLASS III PREMISES: 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 containin one or more dwelling units. Shall mean and include one or more connected rooms DWELLING UNIT: having complete kitchen facilities and arranged, desi ned, or used as livin quarters for one famil onl . Solid, semisolid, and liquid animal and vegetable FOOD SCRAPS: residuals resulting from the handling, preparing, cooking, storing, serving and consuming of food. All solid and semisolid, putrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material GARBAGE: 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. Waste materials, including, but not limited to, poisons, pesticides, herbicides, acids, caustics, biohazardous HAZARDOUS WASTES: 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 safet . Any biodegradable waste material originating from plants, animals, or other natural sources that can be decomposed or broken down into simpler organic compounds through biological processes. This includes ORGANIC WASTE: but is not limited to food scraps, yard waste, paper products, and other biodegradable materials. Organic waste does not include materials such as plastics, metals, or glass which do not readily decompose under natural conditions. In addition to the record titleholder, any person residing in, renting, leasing, occupying, operating, or transacting OWNER: 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. Materials, as designated by the City of Dubuque and set RECYCLABLE out in this chapter, which would otherwise become solid MATERIALS: waste that can be source separated, collected, processed, and returned to the economic stream in the form of raw materials or roducts. All landfilled material generated by occupiers of land REFUSE: within the City of Dubuque corporate limits, whether recyclable or nonrec clable material. Garbage, refuse, rubbish, recyclable materials, organic SOLID WASTE: waste, and other similar discarded solid or semisolid materials, includin , but not limited to, such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste does not include toxic or hazardous materials. Organic materials generated from routine maintenance and landscaping activities within residential, commercial, or public properties. This includes grass clippings, leaves, YARD WASTE: branches, shrub trimmings, and other vegetative matter originating from the maintenance of lawns, gardens, and outdoor landscapes. Yard waste does not include materials such as soil, rocks, or construction debris. 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. 13-6-3: 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. 13-6-4: 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. 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. 13-6-5: STORAGE AND ACCUMULATION RESTRICTED: A. 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. � 13-6-6: 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. B. Transportation By Owner: Hazardous wastes and prohibited wastes shall be transported by the owner to a sanitary disposal project licensed by the lowa 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. D. The City of Dubuque solid waste collection service will not collect, including but not limited to, the following materials: Industrial waste; oil soaked rags, solvents, liquid paints, acids, chemicals, or other explosive or highly combustible or flammable or hazardous materials; caustics, poisons, pesticides or herbicides; radioactive or toxic waste, biomedical waste; liquids, including motor oil; gaseous waste; septage, raw sewage, sludge and industrial process sludge; manure contaminated hay and straw or animal feces unless properly bagged; carcasses, viscera, or entrails of animals, unless properly contained, wrapped, or packaged; hot ashes; and building materials. 13-6-7: 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. � 13-6-8: 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. ARTICLE A. CITY OR PRIVATE COLLECTION SERVICE 13-6A-1: CITY MANAGER'S AUTHORITY GENERALLY: The City Manager, or designee, is hereby authorized and directed to employ City owned vehicles and equipment and the necessary operating personnel to collect refuse, recyclable materials, organic waste, and bulky items 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. 13-6A-2: AVAILABILITY OF COLLECTION SERVICE: A. Collection service is provided within to City residents and businesses as described in this Chapter. The City Manager may consider requests for service outside of city limits, at the City Manager's sole discretion. � B. Class I Premises: City solid waste collection services 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. 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. E. Recycling Services: Class II premises not serviced by City solid waste collection � services and Class I I I premises may apply to the City Manager for such recycling services. � F. Refusal Of Service: The City Manager may refuse solid waste collection services or recycling services because of quantities or characteristics beyond the capacity or capability to be handled efficiently or safely by City personnel and equipment. 13-6A-3: REFUSE COLLECTION SERVICE: A. All City of Dubuque solid waste customers shall use a city-issued cart for collection. The base rate gives access to a 35-gallon tipper cart for weekly refuse collection. B. In cases where a customer may choose multiple refuse carts or a cart larger than the base rate 35-gallon cart, the customer may choose from three additional cart sizes of forty-eight (48), sixty-four (64), or ninety-six (96) gallons. C. Excess Refuse: Official City of Dubuque single-use refuse stickers shall be applied to each additional standard 35-gallon solid waste container, bag, or small item (not exceeding 3 feet by 2 feet or heavier than 40 pounds) which does not fit in the subscribed cart. D. Electronics or items larger than 3 feet by 2 feet or heavier than 40 pounds must be scheduled as a bulky item pick-up. E. The City Manager may require additional cart capacity if the subscribed cart is insufficient. The City shall notify the applicable account holder in writing of the additional capacity requirement, deliver the larger cart, and adjust the monthly bill. F. All refuse placed into City-issued carts must be in tied bags. G. Except for Class II premises, biomedical 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. Other biomedical waste, such as soiled bandages, disposable sheets, and medical gloves, shall be placed in thick disposable plastic bags or shall be double-bagged. H. Glass and similar materials shall be placed in puncture-resistant boxes and securely closed. 13-6A-4: RECYCLING COLLECTION SERVICE: A. One City owned curbside recycling container shall be provided by the City to each dwelling for the collection of recyclable materials. If additional recycling capacity is needed, a second container may be issued. B. The following types of solid waste are curbside recyclable materials: Rigid plastics with a recycling symbol between #1 —5, Paper/cardboard/newspaper, and metal materials (such as cans, clean foil, pans). C. When a customer's recycling container is frequently contaminated with nonrecyclable material and violations persist, the City may remove the container and stop the weekly collection. 13-6A-5: ORGANIC WASTE COLLECTION SERVICE: A. All organic waste shall be separated from all other solid waste and shall be composted on the premises or placed in yard waste collection containers for collection. B. Any premises composting on site shall maintain all compost piles in accordance with Title 6, Chapter 4 of this Code. C. Organic waste shall be collected according to the schedule established by the City Manager. D. The following materials may be collected curbside: branches and tree limbs - less than 5 feet long (must be bundled), flowers and potted plants (no pots), food scraps - fruit and vegetables, peels, pits, coffee grounds, eggshells, bread, and grain products, grass clippings, leaves, plants, weeds, brush, natural Christmas trees, and non-wax coated paper products. E. Preparation Of Organic Waste: Organic waste collected by the City shall be placed in biodegradable paper bags no more than 35-gallons, bundled branches, privately owned 35-gallon containers, subscribed city-issued 64-gallon organic waste carts, or subscribed city issued 13-gallon organic waste carts. F. Organic waste set-out in a biodegradable paper bag requires single use stickers. The bags shall be no more than 35-gallon capacity, minimum two-ply weatherized material, and designed for yard waste collection capacity. G. Disposable organic waste bags shall not exceed 40 pounds without tearing or falling apart. Cardboard boxes or plastic bags shall not be used for organic waste collection. H. Organic waste set out in privately owned 35-gallon cans require a single-use yard waste sticker or an annual decal. 13-6A-6: BULKY ITEM COLLECTION SERVICE: A. No person shall place bulky items that are larger than 3 feet by 2 feet in diameter or weigh over 40 pounds out for collection except in accordance with the provisions of this chapter. B. Premises receiving City solid waste collection service are eligible to set out bulky items for collection provided the customer schedules in advance of their collection. Items which are placed out for collection which have not been previously scheduled for collection will not be collected and the property owner shall be responsible for their removal. � 13-6A-7: 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 6:00 A.M. and 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. � 13-6A-8: STORAGE, CONTAINMENT, AND SET-OUT LOCATIONS OF SOLID WASTE: 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. 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. C. Time Limit For Placement Of Containers On Streets: No person shall place solid � waste or recycling at the street for collection more than 24 hours before the scheduled collection day. No person shall leave solid waste containers or recycling containers at the � street for more than 24 hours after the scheduled collection day. All solid waste shall be placed at the designated collection location for City collection by 6:00 A.M. on the scheduled collection day. D. 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 24 hours after the scheduled collection day and stored in such a manner as not to create a � health, safety, or fire hazard. E. Solid waste collection containers stored in the right-of-way for longer than 24 hours after the scheduled collection day may be subject to removal at the property owner's expense. F. The City may make exceptions for the storage and set out of solid waste containers for elderly or disabled persons upon application to the Public Works Department. G. On collection days, solid waste containers shall be placed in plain view at a point within two feet of the curb or alley line. H. If a customer would like to change the location of the normal set-out for collection, it must be approved by the City. I. Containers must have a two-foot radius around each container, and the lid of the container must open toward the street or alley. J. Material not intended for collection shall not be kept on or near the curb or alley line. The city shall not be responsible for any material so placed which is collected for disposal. � 13-6A-9: OWNERSHIP OF MATERIALS; UNAUTHORIZED COLLECTING PROHIBITED: � From the time of placement for collection as provided in section 13-6A-8 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. � 13-6A-10: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Refuse. 1. Base Fee and Conditions: A fee of $17.25 per dwelling unit per month shall be paid to the City by the account holder for solid waste collection services. The fee shall be in payment for collection and disposal of one (1) 35-gallon City owned cart per month per cart. 2. Optional Carts: The fee for a 48-gallon solid waste cart shall be $19.31 per month. The fee for a 64-gallon solid waste cart is $23.16 per month per cart. The fee for a 96-gallon solid waste cart is $32.53 per month per cart. 3. Alley Cart Fees: The fee for a 48-gallon solid waste cart is $17.25 per month per cart. The fee for a 64-gallon solid waste cart is $18.76 per month per cart. The fee for a 96-gallon solid waste cart is $26.92 per month per cart. 4. Shared Carts: In multifamily dwellings, where the property owner is the account holder, the owner can opt to using shared 96-gallon carts. Each unit will be billed the basic service, and the number of units will share one or more 96-gallon carts. 5. Single-use Refuse stickers: The fee for a single use refuse sticker shall be $2.00 and shall be applied to each additional standard solid waste container, bag, or small item. 6. A fee of$20.00 shall be paid to the City for each removal of refuse containers from the curb. B. Recycling. 1. For Class II premises not serviced by City solid waste collection services for recycling collection, upon approval of an application for City recycling collection a fee of $7.00 per month per 96-gallon container (or volume equivalence) shall be paid to the City by the property owner of each. 2. A fee of $20.00 shall be paid to the City for each removal of recycling containers from the curb. C. Organic Waste. 1. The fee for single-use brush-tie shall be $1.50 each. 2. The fee for single use stickers shall be $1.50 each. 3. The fee paid to the City by a customer of record with the City for an annual yard waste decal for a privately-owned rigid 35-gallon container shall be $40.00 each. A decal shall only be used by the customer of record with the City who purchased it. 4. The fee paid to the City for subscription to a 64-gallon City-issued organic waste cart shall be $10.00 per cart per month. 5. The minimum fee paid to the City for collection of a scheduled leaf rake out is $20.00 for a forty (40) standard leaf bag equivalent pile of leaves in the parking lane at the curb. 3. A fee of$20.00 shall be paid to the City for each removal of organic waste containers from the curb. D. Bulky Waste. 1. A fee of $13.00 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 $13.00 shall be paid for each additional three (3) cubic yards of solid waste. 3. A fee of $6.00 shall be paid to the City for each tire. 4. A fee of $20.00 shall be paid to the City by the owner for each appliance collected in the service (such as stoves, microwaves, dishwashers, refrigerators, and dehumidifiers). 5. A fee of $6.00 shall be paid to the City for metal material that is larger than 2 feet by 3 feet and or heavier than 40 pounds (such as grills, bed rails, exercise bikes). 6. A fee of$20.00 shall be paid to the City for each collection of a TV or monitor. 7. A fee of $6.00 shall be paid to the City for the collection of items with a plug in/chord per pick-up (such as VCR's, computer tower, or computer printer), Excluding TVs and monitors. 8. A fee of$20.00 shall be paid to the City for each collection requested by the for service on a day not receiving weekly collection at the service address in which the collection crew is not in that service area or is not a current weekly solid waste customer of the City. Service Type FY25 Rates 35-Gallon Cart $17.25 48-Gallon Cart $19.31 64-Gallon Cart $23.16 96-Gallon Cart $32.53 48-Gallon - ALLEY CART $17.25 Refuse 64-Gallon - ALLEY CART $18.67 96-Gallon - ALLEY CART $26.92 Shared Cart Fee Per Unit $17.25 Single-Use Trash Sticker $2.00 Discount for Income Eligible Customers (see ��g.63) Para raph F of Section 13-6A-F Annual Yard Waste Decal $40.00 64-Gallon Cart $10.00 Organic Waste 13-Gallon Cart $1.00 Leaf Rake-Out $20.00 Yard Waste Brush Ties $1.50 Single-Use Yard Waste Sticker $1.50 Recycling Recycling Only - Residential & Commercial $7.00 1 Hopper - 3 Cubic Yd of Refuse $13.00 Tire $6.00 Bulky Items Large Metal Material Pick-Up $6.00 Appliance $20.00 TV and Monitors $20.00 Electronic Pick-Up $6.00 Off-Route/Non-Customer Fee $20.00 Miscellaneous Right-Of-Way Removal Fee $20.00 13-6A-11: 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 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. E. In cases of extreme financial hardship, the City may make adjustments in the monthly collection charges as deemed appropriate. In such cases, the City may require proof of financial status or extreme hardship, as the City may deem necessary. F. When resident(s) of a Class I premises meets the HUD "Section 8" guidelines for the size of the household may, upon application to the City Manager or designee, be exempted from one-half (1/2) the established 35-gallon refuse collection service rate. After the initial application, annual review is required. � 13-6A-12: 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. 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 persons shall pay, at the Office of the City Treasurer, an annual license fee of $25.00 per year for each vehicle engaged in such business. 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. 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. STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 05/02/2024 and for which the charge is 131.65 Subscribed to before me, a Notary Publ• m and for Dubuque County, Iowa, this 2nd day of May, 2024 Notary Pin and for Dubuque County, Iowa. q r t s JANET K. PAPE o Y. Commission Number 199659 ? r My Commission Expires /ow, 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION EXECUTIVE SUMMARY ORDINANCE NO. 13 - 24 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE THE ORDINANCE IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF THE CITY CLERK, 50 W. 13TH STREET, DUBUQUE, AND MAY BE VIEWED DURING NORMAL BUSINESS HOURS OF 8:00 AM TO 5:00 PM MONDAY to FRIDAY. The following is a summary of amendments to the ordinance: Removals Removed Section titles are as follows: -" 13-6-3"Container Require-ments; Collection Restrictions - " 13-6A-8"Yard Waste and Food Scraps -" 13-6A-10"Rates and Charges Established; Exceptions Section 13-6-3 was removed to eliminate outdated customer owned container requirements due to implementing city issued refuse collection service carts. Any Paragraphs applicable to other collection services provided are now held within Section 13-6A-3, Section 13-6A-4, Section 13-6A-5 or Section 16-6A-8. Section 13-6A-8 was removed due to the section now held within Section 13-6A-5. Paragraph E of Section 13-6A-10 was removed due to this paragraph now held in Paragraphs A, B, C, and D of Section 13-6A-10. Additions Additional Section titles are as follows: - " 13-6A-3"Refuse Collection Service -" 13-6A-4"Recycling Collection Service -" 13-6A-5 "Organic Waste Collection Service -" 13-6A-6"Bulky Item Collection Service - " 13-6A-8"Storage, Containment, and Set -Out Locations of Solid Waste - " 13-6A-11"Charges; Billing and Collection The additions of Section 13-6A-3, Section 13-6A-4, Section 13-6A-5, and Section 13-6A-6 outline specific requirements within Refuse Collection Services, Recycling Collection Services, Organic Waste Collection Services, and Bulky Item Collection Services. These additional Sections group collection requirements within separate collection services for clarification and set the rates. Other changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. Additions of Paragraphs E, F, G, H, I, and J of Section 13-6A-8 provide clarification and requirements regarding city issued carts and include city issued cart exemption guidance. Other changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. Additions of Paragraph E and F of Section 13-6A-11. These additions provide guidance on applications of fee relief for customers who may qualify. Other changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. Revisions Revised Section titles are as follows: - " 13-6-1 "Definitions - 13-6-3"Wrapping and Draining of Certain Solid Wastes - " 13-6-5 "Storage and Accumulation Restricted - " 13-6A-1"City Managers Authority Generally - " 13-6A-2"Availability of Collection Service - " 13-6A-8"Storage, Containment, and Set -Out Locations of Solid Waste Revisions of Section 13-6-1, Section 13-6-3, Section 13-6-5, Section 13-6A-1, Paragraphs A, B, C, D, E, and F of Section 13-6A-2, and Paragraphs A, and C of Section 13-6A-8 add, remove, or modify language for clarification and consistency. Revision of Paragraph D of Section 13-6-6 identify a more comprehensive list of materials city solid waste collection service will not collect. Other changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. Revisions of Paragraph A, B, C, and D of Section 13-6A-10, which group collection requirements and establishes associated fees within separate collection services for clarification. Other changes in the identified Sections and Paragraphs only add, remove, or modify language for clarification and consistency. Full text of Section 13-6A-10 is listed below: 13-6A-10 RATES AND CHARGES ESTABLISHED; EXCEPTIONS A. "Refuse. 1."Base Fee and Conditions: A fee of $17.25 per dwelling unit per month shall be paid to the City by the account holder for solid waste collection services. The fee shall be in payment for collection and disposal of one (1) 35-gallon City owned cart per month per cart. 2. "Optional Carts: The fee for a 48-gallon solid waste cart shall be $19.31 per month. The fee for a 64-gallon solid waste cart is $23.16 per month per cart. The fee for a 96-gallon solid waste cart is $32.53 per month per cart. 3. "Alley Cart Fees: The fee for a 48-gallon solid waste cart is $17.25 per month per cart. The fee for a 64-gallon solid waste cart is $18.76 per month per cart. The fee for a 96-gallon solid waste cart is $26.92 per month per cart. 4. "Shared Carts: In multifamily dwellings, where the property owner is the account holder, the owner can opt to using shared 96-gallon carts. Each unit will be billed the basic service, and the number of units will share one or more 96-gallon carts. 5. "Single -use Refuse stickers: The fee for a single use refuse sticker shall be $2.00 and shall be applied to each additional standard solid waste container, bag, or small item. 6. "A fee of $20.00 shall be paid to the City for each removal of refuse containers from the curb. B. "Recycling. 1. "For Class II premises not serviced by City solid waste collection services for recycling collection, upon approval of an application for City recycling collection a fee of $7.00 per month per 96-gallon container (or volume equivalence) shall be paid to the City by the property owner of each. 2. "A fee of $20.00 shall be paid to the City for each removal of recycling containers from the curb. C. "Organic Waste. 1. "The fee for single -use brush -tie shall be $1.50 each. 2. The fee for single use stickers shall be $1.50 each. 3. The fee paid to the City by a customer of record with the City for an annual yard waste decal for a privately -owned rigid 35-gallon container shall be $40.00 each. A decal shall only be used by the customer of record with the City who purchased it. 4. The fee paid to the City for subscription to a 64-gallon City -issued organic waste cart shall be $10.00 per cart per month. 5. The minimum fee paid to the City for collection of a scheduled leaf rake out is $20.00 for a forty (40) standard leaf bag equivalent pile of leaves in the parking lane at the curb. 3. "A fee of $20.00 shall be paid to the City for each removal of organic waste containers from the curb. D. "Bulky Waste. 1. A fee of $13.00 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 $13.00 shall be paid for each additional three (3) cubic yards of solid waste. 3. A fee of $6.00 shall be paid to the City for each tire. 4. A fee of $20.00 shall be paid to the City by the owner for each appliance collected in the service (such as stoves, microwaves, dishwashers, refrigerators, and dehumidifiers). 5. A fee of $6.00 shall be paid to the City for metal material that is larger than 2 feet by 3 feet and or heavier than 40 pounds (such as grills, bed rails, exercise bikes). 6. A fee of $20.00 shall be paid to the City for each collection of a TV or monitor. 7. A fee of $6.00 shall be paid to the City for the collection of items with a plug in/chord per pick-up (such as VCR's, computer tower, or computer printer), Excluding TVs and monitors. 8. A fee of $20.00 shall be paid to the City for each collection requested by the for service on a day not receiving weekly collection at the service address in which the collection crew is not in that service area or is not a current weekly solid waste customer of the City. Service Type; FY25 Rates Refuse; 35-Gallon Cart; $17.25 Refuse ;48-Gallon Cart; $19.31 Refuse ;64-Gallon Cart; $23.16 Refuse ;96-Gallon Cart; $32.53 Refuse ;48-Gallon - ALLEY CART; $17.25 Refuse ;64-Gallon - ALLEY CART; $18.67 Refuse ;96-Gallon - ALLEY CART; $26.92 Refuse; Shared Cart Fee Per Unit; $17.25 Refuse; Single -Use Trash Sticker; $2.00 Refuse; Discount for Income Eligible Customers (see Paragraph F of Section 13-6A-F); ($8.63) Organic Waste; Annual Yard Waste Decal; $40.00 Organic Waste; 64-Gallon Cart; $10.00 Organic Waste; 13-Gallon Cart; $1.00 Organic Waste; Leaf Rake -Out; $20.00 Organic Waste; Yard Waste Brush Ties; $1.50 Organic Waste; Single -Use Yard Waste Sticker; $1.50 Recycling; Recycling Only - Residential & Commercial; $7.00 Bulky Items; 1 Hopper - 3 Cubic Yd of Refuse; $13.00 Bulky Items; Tire; $6.00 Bulky Items; Large Metal Material Pick -Up; $6.00 Bulky Items; Appliance; $20.00 Bulky Items; TV and Monitors; $20.00 Bulky Items; Electronic Pick -Up; $6.00 Miscellaneous; Off-Route/Non-Customer Fee; $20.00 Miscellaneous; Right -Of -Way Removal Fee; $20.00 This ordinance shall take effect July 1, 2024. Passed, approved, and adopted this 15th day of April, 2024. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 2nd day of May, 2024. /s/Adrienne N. Breitfelder, CMC, City Clerk 1t 5/2