Chapter 40 Solid Waste Code RevisionsDubu Ue
q Public Works Department
925 Kerper Boulevazd
THE CITY OF Dubuque, Iowa 52001-2405
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publicworksQcityofdubuque.org
Masterpiece on the Mississippi 2007 www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Don Vogt, Public Works Director ~~
SUBJECT: Proposed Revisions to Sections 40-37 and 40-39 of the Code of
Ordinances
DATE: March 3, 2008
INTRODUCTION
The purpose of this memorandum is to submit to you proposed ordinances for
your review and approval. These ordinances would revise paragraphs (a), (b),
(c) and (d) of Section 40-37 and paragraph (e) of Section 40-39 of the Code of
Ordinances.
DISCUSSION
Chapter 40 of the Code of Ordinances is entitled "Solid Waste". Section 40-37 is
entitled "Charges -Amounts; Exceptions 1 ". Staff recommends revision of
paragraphs (a), (b), and (c) of Section 40-37 upon City Council's approval of the
proposed $10.35 monthly solid waste collection service base fee for fiscal year
2009. Staff recommends revision of paragraph (d) upon City Council's approval
of the Washington Street Neighborhood Cart Program. Section 40-39 is entitled
"Yard Waste and Food Scraps". Staff recommends revision of paragraph (e)
upon City Council's approval of making the food scrap collection program a
permanent service, with a new fee schedule.
Attached are copies of Section 40-37 and Section 40-39 with the proposed
deletions noted and the additions underlined. Also attached are copies of the
ordinances as recommended.
RECOMMENDATION
Staff recommends that the proposed ordinances be approved by the City
Manager and City Council upon approval of the fiscal year 2009 budget.
Attachments
Service People Integrity Responsibility Innovation Teamwork
ORDINANCE NO. 18-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37
PARAGRAPHS (a), (b), and (c) ESTABLISHING CHARGES FOR THE COLLECTION
AND DISPOSAL OF SOLID WASTE MATERIALS
NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 40-37, paragraphs (a), (b), and (c) of the City of Dubuque Code of
Ordinances are hereby amended to read as follows:
Sec. 40-37. Charges-Amounts; Exceptions1:
(a) Class I Premises: Except as qualified below, a fee of ten dollars and thirty-five
cents ($10.35) per dwelling unit per month shall be paid to the city by the
property owner of each class I premises for such services. Said fee shall be in
payment for collection and disposal of one 35-gallon can or one 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. Exceptions to the collection charges for class I premises
are as follows:
(1) When a class I premises has been vacant for a period not less than three (3)
consecutive months, the owner may apply to the city manager for a credit under
procedures to be established by the city manager. Such credit shall continue only
so long as the class I premises is vacant.
(2) Class I premises when the head of the household is sixty five (65) years of
age or older and has an annual income equal to or less than the income
standards used by HUD for its "section eight (8) housing program" for one- and
two-person households may, upon application to the city manager, be exempted
from one-half (1/2) the established collection charge. After the initial application,
annual application shall be made by the head of household on July 1 of each
year to verify annual income and eligibility.
(3) 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 vacancy, financial
status, age or extreme hardship, as the city manager may deem necessary.
(4) Class I premises when a family household of five (5) or more persons has an
annual income equal to or less than the income standards used by HUD for its
"section eight (8) housing program" for the size of that household may, upon
application to the city manager, be exempted from one-half (1/2) the established
collection charge. After the initial application, annual application shall be made by
the head of household on July 1 of each year to verify annual income and
eligibility.
(b) Class II Premises: A fee of ten dollars and thirty-five cents ($10.35) per month
shall be paid to the city by the property owner of each class II premises for such
services. Said fee shall be in payment for collection and disposal of one 35-
gallon can or one 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.
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.
(c) Class III Premises: A fee of nine ten dollars and thirty-five cents ($10.35) 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
35-gallon can or one 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.
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.
Section 2. This ordinance shall take effect on the 1st day of July, 2008.
Passed, approved and adopted this 13th day of March, 2008.
~:~ ,
Roy . Buol
Mavor
Attest:
Jeanne F. Schneider
City Clerk
ORDINANCE NO. 19-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37
PARAGRAPH (d) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL
OF SOLID WASTE MATERIALS RELATED TO THE PILOT SOLID WASTE PILOT CART
PROJECT WITHIN THE BOUNDARIES OF THE WASHINGTON STREET
NEIGHBORHOOD ASSOCIATION WITH SETOUTS IN THE ALLEYS.
NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 40-37 of the City of Dubuque Code of Ordinances is hereby amended by
adding Section 40-37, paragraph (d) (9) to read as follows:
Sec. 40-37. Charges-Amounts; Exceptions:
(d) Unit Based Pricing: Collection options and charges under unit based pricing for class I,
It and III premises are as follows:
(9) In a pilot project area within the boundaries of the Washington Street Neighborhood
Association, solid waste carts, owned by the city for semi-automated lifting, are required
to be subscribed by owners, tenants and/or property managers of class I, II, and III
premises where the approved setout location is in an alley. The customer shall choose
the number and size of the cart(s). Such carts shall be subscribed according to a fee
schedule and program requirements as approved by the city manager.
Section 2. This ordinance shall take effect on the 1st day of July, 2008.
Passed, approved and adopted this 13th day of March, 2008.
Roy . Buol
Mayor
Attest:
Jeanne F. Schneider
City Clerk
ORDINANCE NO. 20-08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-39 BY
AMENDING PARAGRAPH (e), ESTABLISHING CHARGES FOR THE
COLLECTION AND DISPOSAL OF FOOD SCRAPS AND OTHER
HOUSEHOLD COMPOSTABLE MATERIALS WITH YARD WASTE
MATERIALS.
NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 40-39 (e) of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 40-39. Yard Waste And Food Scraps:
(e) Subscribers to the food scrap collection program shall set out city-owned
carts containing food scraps and other compostable materials.
(1) Such carts shall be co-collected with yard waste from April through
November.
(2) Such carts shall be subscribed according to a fee schedule and
program requirements as approved by the city manager.
(3) 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.
Section 2. This ordinance shall take effect on the 7th day of April, 2008.
Passed, approved and adopted this 13th day of March, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC
City Clerk
EFFECT OF AMENDMENT
Sec. 40-37. Charges-Amounts; Exceptions1:
(a) Class I Premises: Except as qualified below, a fee ofxen dollars and thirtv-five __
cents ($10.35) per dwelling unit per month shall be paid to the city by the
property owner of each class I premises for such services. Said fee shall be in
payment for collection and disposal of one 35-gallon can or one 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. Exceptions to the collection charges for class I premises
are as follows:
(1) When a class I premises has been vacant for a period not less than three (3)
consecutive months, the owner may apply to the city manager for a credit under
procedures to be established by the city manager. Such credit shall continue only
so long as the class I premises is vacant.
(2) Class I premises when the head of the household is sixty five (65) years of
age or older and has an annual income equal to or less than the income
standards used by HUD for its "section eight (8) housing program" for one- and
two-person households may, upon application to the city manager, be exempted
from one-half (1/2) the established collection charge. After the initial application,
annual application shall be made by the head of household on July 1 of each
year to verify annual income and eligibility.
(3) 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 vacancy, financial
status, age or extreme hardship, as the city manager may deem necessary.
(4) Class I premises when a family household of five (5) or more persons has an
annual income equal to or less than the income standards used by HUD for its
"section eight (8) housing program" for the size of that household may, upon
application to the city manager, be exempted from one-half (1/2) the established
collection charge. After the initial application, annual application shall be made by
the head of household on July 1 of each year to verify annual income and
eligibility.
t Deleted: nine dollars and forty-six
l cents ($s.46)
-----~
r---------- --- -- ---,
(b) Class II Premises: A fee of ten dollars and thirtv-five cents ($10 35),per month _ _ _..- ;Deleted: nine dollars and forty-six
shall be paid to the city by the property owner of each class II premises for such ~ cents ($s.as~
services. Said fee shall be in payment for collection and disposal of one 35-
gallon can or one 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.
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.
(c) Class III Premises: A fee~en dollars and thirty-five cents ($10 35) per month shall roeietea nnedouars and rorty-S~X..___._..,;
-- - ;cents (SS.as)
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 35-
gallon can or one 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.
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.
ORDINANCE NO. -08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37
PARAGRAPHS (a), (b), and (c) ESTABLISHING CHARGES FOR THE COLLECTION
AND DISPOSAL OF SOLID WASTE MATERIALS
NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 40-37, paragraphs (a), (b), and (c) of the City of Dubuque Code of
Ordinances are hereby amended to read as follows:
Sec. 40-37. Charges-Amounts; Exceptions1:
(a) Class I Premises: Except as qualified below, a fee of ten dollars and thirty-five
cents ($10.35) per dwelling unit per month shall be paid to the city by the
property owner of each class I premises for such services. Said fee shall be in
payment for collection and disposal of one 35-gallon can or one 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. Exceptions to the collection charges for class I premises
are as follows:
(1) When a class I premises has been vacant for a period not less than three (3)
consecutive months, the owner may apply to the city manager for a credit under
procedures to be established by the city manager. Such credit shall continue only
so long as the class I premises is vacant.
(2) Class I premises when the head of the household is sixty five (65) years of
age or older and has an annual income equal to or less than the income
standards used by HUD for its "section eight (8) housing program" for one- and
two-person households may, upon application to the city manager. be exempted
from one-half (1/2) the established collection charge. After the initial application,
annual application shall be made by the head of household on July 1 of each
year to verify annual income and eligibility.
(3) 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 vacancy, financial
status, age or extreme hardship, as the city manager may deem necessary.
(4) Class I premises when a family household of five (5) or more persons has an
annual income equal to or less than the income standards used by HUD for its
"section eight (8) housing program" for the size of that household may, upon
application to the city manager, be exempted from one-half (1/2) the established
collection charge. After the initial application, annual application shall be made by
the head of household on July 1 of each year to verify annual income and
eligibility.
(b) Class II Premises: A fee of ten dollars and thirty-five cents ($10.35) per month
shall be paid to the city by the property owner of each class II premises for such
services. Said fee shall be in payment for collection and disposal of one 35-
gallon can or one 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.
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.
(c) Class III Premises: A fee of nine ten dollars and thirty-five cents ($10.35) 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
35-gallon can or one 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.
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.
Section 2. This ordinance shall take effect on the 1st day of July, 2008.
Passed, approved and adopted this 13th day of March, 2008.
Roy D. Buol
Mayor
Attest:
Jeanne F. Schneider
City Clerk
EFFECT OF AMENDMENT
Sec. 40-37. Charges-Amounts; Exceptions:
(d) Unit Based Pricing: Collection options and charges under unit based pricing for class I,
II and III premises are as follows:
(9) In a pilot project area within the boundaries of the Washington Street Neighborhood
Association, solid waste carts owned by the city for semi-automated lifting are required
to be subscribed by owners tenants and/or property managers of class I II and Ill
premises where the approved setout location is in an alley The customer shall choose
the number and size of the cart(s). Such carts shall be subscribed according to a fee
schedule and program requirements as approved by the city manager
ORDINANCE NO. -08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37
PARAGRAPH (d) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL
OF SOLID WASTE MATERIALS RELATED TO THE PILOT SOLID WASTE PILOT CART
PROJECT WITHIN THE BOUNDARIES OF THE WASHINGTON STREET
NEIGHBORHOOD ASSOCIATION WITH SETOUTS IN THE ALLEYS.
NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Section 40-37 of the City of Dubuque Code of Ordinances is hereby amended by
adding Section 40-37, paragraph (d) (9) to read as follows:
Sec. 40-37. Charges-Amounts; Exceptions:
(d) Unif Based Pricing. Collection options and charges under unit based pricing for class I,
II and III premises are as follows:
(9) In a pilot project area within the boundaries of the Washington Street Neighborhood
Association, solid waste carts, owned by the city for semi-automated lifting, are required
to be subscribed by owners, tenants and/or properly managers of class I, II, and III
premises where the approved setout location is in an alley. The customer shall choose
the number and size of the cart(s). Such carts shall be subscribed according to a fee
schedule and program requirements as approved by the city manager.
Section 2. This ordinance shall take effect on the 1st day of July, 2008.
Passed, approved and adopted this 13th day of March, 2008.
Roy D. Buol
Mayor
Attest:
Jeanne F. Schneider
City Clerk
EFFECT OF AMENDMENT
Sec. 40-39. Yard Waste And Food Scraps:
(e) Subscribers to the food scrap collection,prograrrkshall set out city-owned
- -- --
carts containing food scraps and other compostable materials.
(1) Such carts shall be co-collected with yard waste from April through
November.
(2) Such carts. shall be subscribed according to a fee schedule and
------- -----
program requirements as approved by the city manager.
(3) 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.
Deleted: pilot I
Deleted: ,commencing April 3
2006, and ending November 30,
2007, i
Deleted set out with attached
annual yard waste permits or single J
use tags
ORDINANCE NO. -08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-39 BY
AMENDING PARAGRAPH (e), ESTABLISHING CHARGES FOR THE
COLLECTION AND DISPOSAL OF FOOD SCRAPS AND OTHER
HOUSEHOLD COMPOSTABLE MATERIALS WITH YARD WASTE
MATERIALS.
NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 40-39 (e) of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 40-39. Yard Waste And Food Scraps
~ (e) Subscribers to the food scrap collection program shall set out city-owned
carts containing food scraps and other compostable materials.
(1) Such carts shall be co-collected with yard waste from April through
November.
(2) Such carts shall be subscribed according to a fee schedule and
program requirements as approved by the city manager.
(3) 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.
Section 2. This ordinance shall take effect on the 7th day of April, 2008.
Passed, approved and adopted this 13th day of March, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne Schneider, CMC
City Clerk