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Supplement No. 09 - Code of Ordinances - June 2012STERLING CODIFIERS 3906 Schreiber Way Coeur d'Alene, ID 83815 (208) 665-7193 VED JUN l:5 City C,perk Dubuque, INSTRUCTION SHEET: REMOVE PAGE HEADED Preface TITLE 4: • 4-4-1, Chapter 4 TITLE 9: 9-12-321.432, DUBUQUE, Iowa Supplement No. 9/June, 2012 Includes Ordinances: 21-12, 22-12, 23-12, 24-12, 25-12, 29-12, 31-12 and 32.-12 VOLUME I INSERT NEWPAGE HEADED Preface Central Market 4-4-1, Chapter 4, Central Market horn or other warning TITLE 10: 10-2-4, 10-2-4: Interference With Traffic VOLUME II TITLE 13: 13-1C-1, Chapter 1, Article C. Rates and following page 13-2C-1, Chapter 2, Article C. Rates and following page 13-4-5, 13-4-5: SFU Rate, Charges; Utility 13-6A-4, D. Early Placement: All solid and 'following two pages 9-12-321.432, horn or other warning and following page 10-2-4, 10-2-4: Interference With Traffic 13-1C-1, Chapter 1, Article C. Rates and following page 13-2C-1, Chapter 2, Article C. Rates and following page 13-4-5, 13-4-5: SFU Rate, Charges; Utility 13-6A-4, D. Early Placement: All solid and following two pages PREFACE This city code of the city of Dubuque, as supple- mented, contains ordinances up to and including ordinance 20-12, passed March 5, 2012. Ordi- nances of the city adopted after said ordinance supersede the provisions of this city code to the extent that they are in conflict or inconsistent therewith. Consult the city office in order to ascertain whether any particular provision of the code has been amended, superseded or repealed. Sterling Codifiers Coeur d'Alene, Idaho April 2012 City of Dubuque 4-4-1 4-4-2 SECTION: 4-4- 1: 4-4- 2: 4-4- 3: 4-4- 4: 4-4- 5: 4-4- 6: 4-4- 7: 4-4- 8: 4-4- 9: 4-4-10: CHAPTER 4 CENTRAL MARKET Market Area Delineated Farmers' Market; Display Of Merchandise Market Stalls Established; Issuance Of Permits Restricted Parking In Central Market Display Permit Restricted To Central Market Area Revocation Of Permit Market Master Designated; Duties Generally Traffic Regulations Inspection; Confiscation Of Food Unfit For Consumption Weights And Measures 4-4-1: MARKET AREA DELINEATED: The property of the city adjacent to the city hall, together with such parts of the streets and sidewalks located within the area bounded by the south side of Eleventh Street, the north side of Thirteenth Street, the west side of Central Avenue and the east side of Main Street, and such distances on Iowa Street between Thirteenth and Fourteenth Streets on both sides thereof as may be necessary for three (3) standard auto parking stalls, shall constitute and be known as the Central Market. (2007 Code § 31-21) 4-4-2: FARMERS' MARKET; DISPLAY OF MERCHANDISE: The Central Market shall be a "farmers' market" as provided for in rule 481-30.2 of the Iowa administrative code and shall be subject to the rules relating thereto. Inspections may be conducted by the city manager who is under contract with the state department of inspections and appeals. Subject to such regulation and the limitations and prohibitions set forth hereinafter, any person, firm or corporation may display, offer for sale or sell on the streets or sidewalks of the Central Market, flowers, arts, crafts or food items which have been raised, produced or crafted by the vendor and which are displayed and sold at a stall for which a permit has been issued as provided for in this chapter. (2007 Code § 31-22) City of Dubuque 4-4-3 4-4-7 4-4-3: MARKET STALLS ESTABLISHED; ISSUANCE OF PERMITS: A. Spaces For Stalls Established; Fees: The city manager is authorized to establish spaces for stalls in the Central Market as may be necessary and to issue permits for the use of such stalls. The fees for such permits shall be established by the city manager. B. Use Of Metered Parking Spaces: When a permit holder uses a metered parking space on days other than authorized by the holder's permit, the permit holder shall comply with the parking meter requirements of this code. (2007 Code § 31-23) 4-4-4: RESTRICTED PARKING IN CENTRAL MARKET: When stalls in the Central Market have been established by the city manager and signs are erected giving notice thereof, no person shall park a vehicle in such stall between the hours of six o'clock (6:00) A.M. and twelve o'clock (12:00) noon on Saturdays in the months of May through October unless the vehicle has on display a permit as described in this chapter. (2007 Code § 31-23.1) 4-4-5: DISPLAY PERMIT RESTRICTED TO CENTRAL MARKET AREA: A market stall permit authorizes a person to display foods or crafts only in the Central Market area as provided in this chapter. (2007 Code § 31-24) 4-4-6: REVOCATION OF PERMIT: In any case where it is found that items displayed, offered for sale or sold have not been raised, produced or crafted by the vendor, or have been processed, manufactured or crafted by the vendor in violation of any city ordinance or permit agreement, the permit may be revoked by the city manager. (2007 Code § 31-25) 4-4-7: MARKET MASTER DESIGNATED; DUTIES GENERALLY: The city manager shall establish and carry out such procedures, policies and rules relating to the Central Market and its operations as are necessary to provide for acceptable sanitation and to protect the public health, safety and welfare. (2007 Code § 31-26) City of Dubuque 9-12-321.432 9-12-321.437 horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall, when reasonably necessary to ensure safe operation, give audible warning with such driver's horn but shall not otherwise use such horn when upon a street. (Ord. 44-08, 6-16-2008) 9-12-321.433: SIRENS AND BELLS PROHIBITED: No vehicle shall be equipped with, nor shall any person use upon a vehicle, any siren, whistle, or bell, except as otherwise permitted in this section. It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal. Any authorized emergency vehicle may be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than five hundred feet (500') and of a type approved by the department, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound such siren when necessary to warn pedestrians and other drivers of the approach thereof. (Ord. 44-08, 6-16-2008) 9-12-321.434 — 9-12-321.435: RESERVED: (Ord. 44-08, 6-16-2008) 9-12-321.436: MUFFLERS, PREVENTION OF NOISE: Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive noise or annoying smoke. Notwithstanding the foregoing, no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle upon a street. (Ord. 44-08, 6-16-2008) 9-12-321.437: MIRRORS: Every motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the street for a distance of at least two hundred feet (200') to the rear of such vehicle. Any motor vehicle so loaded or towing another vehicle in such manner as to obstruct the view in a rearview mirror located in the driver's compartment shall be equipped with a side mirror so located that the view to the rear will not be obstructed. (Ord. 44-08, 6-16-2008) City of Dubuque 9-12-321.438 9-12-321.440 9-12-321.438: WINDSHIELDS AND WINDOWS: A. A person shall not drive a motor vehicle equipped with a windshield, side wings, or side or rear windows which do not permit clear vision. B. A person shall not operate on the highway a motor vehicle equipped with a front windshield, a side window to the immediate right or left of the driver, or a side wing forward of and to the left or right of the driver which is excessively dark or reflective so that it is difficult for a person outside the motor vehicle to see into the motor vehicle through the windshield, window, or side wing. C. Every motor vehicle except a motorcycle or a vehicle included in the provisions of section 321.383 or section 321.115 of the code of Iowa shall be equipped with a windshield in accordance with section 321.444 of the code of Iowa. (Ord. 44-08, 6-16-2008) 9-12-321.439: WINDSHIELD WIPERS: The windshield of every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be constructed as to be controlled or operated by the driver of the vehicle. (Ord. 44-08, 6-16-2008) 9-12-321.440: RESTRICTIONS AS TO TIRE EQUIPMENT: A. Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch (1") thick above the edge of the flange of the entire periphery. Any pneumatic tire on a vehicle shall be considered unsafe if it has: 1. Any part of the ply or cord exposed; 2. Any bump, bulge, or separation; 3. A tread design depth of less than one -sixteenth inch (1/16") measured in any two (2) or more adjacent tread grooves, exclusive of tie bars or, for those tires with tread wear indicators, worn to the level of the tread wear indicators in any two (2) tread grooves; 4. A marking "not for highway use", "for racing purposes only", "unsafe for highway use"; City of Dubuque 10-2-4 10-2-7 10-2-4: INTERFERENCE WITH TRAFFIC: Any work done under a permit provided for in section 10-2-1 of this chapter shall be performed in such a manner as to cause the least possible interference with the movement of traffic. On main thoroughfares, there shall be at all times sufficient traffic lanes open to permit a substantially normal traffic flow; otherwise the work shall be confined to the hours between nine o'clock (9:00) A.M. and four o'clock (4:00) P.M. or between twelve o'clock (12:00) midnight and seven o'clock (7:00) A.M. In the event the work is of an emergency nature, the city manager may authorize work during other hours under such conditions as the city manager shall determine appropriate. (2007 Code § 41-49) 10-2-5: TIME PERIOD FOR COMMENCEMENT OF WORK: The work shall be started within one week from the date of the issuance of the permit required by section 10-2-1 of this chapter. (2007 Code § 41-50) 10-2-6: MANNER OF PERFORMING WORK: Any work done under a permit required by section 10-2-1 of this chapter shall be done expeditiously and in a good and professional manner and subject to the direction and supervision of the city manager. (2007 Code § 41-51) 10-2-7: EXEMPTIONS: The provisions of this chapter shall not apply to city departments or to persons performing work under a contract with the city but any such contract shall require a substantial compliance with the provisions of this chapter. (2007 Code § 41-53) City of Dubuque 13-1C-1 13-1C-1 SECTION: 13-1C-1: 13-1C-2: 13-1 C-3: 13-1C-4: CHAPTER 1 WATER USE AND SERVICE ARTICLE C. RATES Residential, Commercial, Industrial And All Other Uses Fire Sprinkler Service Construction Use Payment Of Bills 13-1C-1: RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL OTHER USES: A. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred (100) cubic feet (748 gallons) or per gallon as follows: Monthly Consumption (In Hundreds Of Cubic Feet) Charge Per Hundred Cubic Feet First 30 $2.31 Next 120 1.89 Next 350 1.75 Next 500 1.55 Next 1,000 1.37 Monthly Consumption (In Gallons) Charge Per Gallon First 22,440 $0.00309 Next 89,760 0.00252 Next 261,800 0.00235 Next 374,000 0.00208 Next 748,000 0.00183 May 2011 City of Dubuque 13-1C-1 13-1C-1 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size (Inches) Monthly Consumption (In Hundreds Of Cubic Feet) Monthly Consumption (In Gallons) Minimum Charge 5/8 2 1,496 $ 4.62 3/4 5 3,740 11.56 1 8 5,984 18.49 11/2 26 19,448 60.09 2 46 34,408 99.50 3 106 79,288 212.60 4 168 125,664 327.18 6 368 275,264 678.74 8 625 467,500 1,105.25 A property owner shall pay a thirty dollar ($30.00) disconnect fee for water service that is disconnected by the city for a meter not in service. When a tenant account is subject to disconnection due to delinquency, the tenant shall pay the thirty dollar ($30.00) disconnect fee. A five dollar ($5.00) minimum monthly charge shall be assessed for meters not in service. (Ord. 22-11, 3-10-2011, eff. 7-1-2011) B. Rates Outside City Limits: The rates to be charged for water supplied by the city to residential, commercial, industrial and other uses and purposes by any person outside the corporation limits of the city, shall be at one hundred fifty percent (150%) of the rates set forth in subsection A of this section. C. Estimated Billings: For all meters in service, bills will be issued monthly. When a meter is not read monthly for any reason, bills will be issued on estimated consumption. For estimated billings, either on alternate months or when readings are not obtainable for any reason, consumption will be predicated on the monthly average of past usage for the meter. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the May 2011 City of Dubuque 13-1C-1 13-1C-2 minimum charge and related consumption identified for the size of the meter in service for the particular account. D. Adjustments From Estimated Readings: Adjustments from estimated readings will be made when an actual meter reading is obtained. The adjustment will be reflected on the user's next regular bill. (2007 Code § 44-201) 13-1C-2: FIRE SPRINKLER SERVICE: Customers who have fire sprinkler service shall be billed for this service on a monthly basis. The monthly charge shall be as follows: Number Of Heads Current Monthly Charges Up to 200 (minimum monthly charge) $14.13 200 — 300 16.96 300 — 400 19.76 400 — 600 22.60 600 — 800 25.41 800 — 1,000 28.25 1,000 — 1,200 31.08 1,200 — 1,400 33.87 1,400 — 1,600 36.71 1,600 — 1,800 39.54 1,800 — 2,000 42.35 2,000 — 2,200 45.17 2,200 — 2,400 47.99 2,400 — 2,600 50.83 2,600 — 2,800 53.66 2,800 — 3,000 56.54 3,000 — 3,500 59.29 Over 3,500 (for each additional 500 heads or fraction thereof) 2.82 (Ord. 23-11, 3-10-2011, eff. 7-1-2011) May 2011 City of Dubuque 13-1C-3 13-1C-3: CONSTRUCTION USE: 13-1C-4 A. Application For Temporary Water Service; Deposit: When a tempo- rary water service is desired for construction work, application shall be made to the city manager. A deposit equal to the actual cost of the meter and fittings shall be paid in advance. The applicant shall guarantee payment of such water service charges and return said meter in good condition. B. Installation Of Meter: The applicant shall thereupon install a suitable meter, furnished by the city, and shall pay for all water furnished in accordance with the then prevailing water rates including minimum monthly charges. C. Payment Of Charge When Installation Of Meter Impractical: If it is the opinion of the city manager that placement of a meter is impractical, then the deposit for meter and fittings shall not be required, but a charge, as determined by the city manager, after official publication, shall be made, but under no circumstances shall water be used for sprinkling lawns, wetting down yards or compact- ing of soil unless a meter has been installed on the service, or arrangements have been made for such usage. D. Water Rate For Various Other Purposes: The rate for water charged for other purposes not mentioned herein, such as for circuses, carnivals, fairs, skating rinks, swimming pools, tank wagons and filling cisterns will be made by the city manager when application is made for the same at the water office. (2007 Code § 44-203) 13-1C-4: PAYMENT OF BILLS: A. Locations For Payment Of Bills: Payment of bills may be made at locations that have been designated by the city manager, after official publication. B. Due When Rendered: All utility bills are due when rendered. C. Late Payments; Procedure Upon Delinquency: 1. If a bill remains unpaid twenty five (25) days following the billing date, there shall be added to the bill a penalty of five percent (5%) of the total utility bill for late payment. May 2011 City of Dubuque 13-2C-1 13-2C-2 SECTION: 13-2C-1: 13-2C-2: 13-2C-3: 13-2C-4: 13-2C-5: 13-2C-6: CHAPTER 2 SEWERS AND SEWAGE DISPOSAL ARTICLE C. RATES Purpose Definitions Rates Established Areas Not Served By Public System Lien For Failure To Pay Cost Of Collection 13-2C-1: PURPOSE: It is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to levy and collect just and equitable charges, rates or rentals upon all lots, parcels of real estate and buildings that are connected directly or indirectly with the sanitary sewage system of the city, the proceeds of such charges or rentals so derived to be used for the purpose of constructing, operating, maintaining and repairing such sewage treatment plant. (2007 Code § 44-82) 13-2C-2: DEFINITIONS: The following words and terms, as used in this article, shall be deemed to mean and be construed as follows: CONTRIBUTOR: Any person responsible for the production of domestic, commercial or industrial waste which is directly or indirectly discharged into the city's sanitary sewer system. SEWAGE SERVICE CHARGE: Any and all rates, charges, fees or rentals levied against and payable by the contributors, including special contracts or agreements which have been or may be negotiated by and between the city, commercial establishments, City of Dubuque May 2011 13-2C-2 13-2C-3 SEWAGE TREATMENT PLANT: industries, manufacturing plants or corporations for the purpose of collecting rates, charges, fees or rentals. Any and all units of the municipal sewage treatment system owned and operated by the city, including the interceptor sewer system, the pumping stations delivering sewage to the plant and the outfall sewer system. WATER The city water department. (2007 Code § 44-81) DEPARTMENT: 13-2C-3: RATES ESTABLISHED: Contributors whose property lies within the corporate limits of the city, except as otherwise provided in this article, shall pay to the city at the same time payment for water services is made, a sewer service charge computed on water consumption on the following rates: A. Basic Charges: The sewer rates and charges shall be based on the quantity of water used on or in the property or premises. For all customers utilizing sewer service, bills will be issued on estimated consumption. For estimated billings, either on alternate months, or when a reading on a water meter is not obtainable for any reason, consumption will be predicated on the monthly average of the past usage for the metered account. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identi- fied in subsection C7 of this section for the size of the water meter in service for the particular account. (2007 Code § 44-83) B. Schedule Of Rates: 1. Rate per each one hundred (100) cubic feet shall be two dollars ninety seven cents ($2.97). 2. Rate per each gallon shall be $0.00397. (Ord. 24-11, 3-10-2011, eff. 7-1-2011) C. Service Charge: 1. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, May 2011 City of Dubuque 13-2C-3 13-2C-3 either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water division and the water used thereon or therein is not acceptable to the city, the amount of water used shall be determined by the city in such a manner as the city manager may elect to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a meter acceptable to the city for said purposes. 2. When a parcel of real estate, property or building discharging sanitary sewerage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is a user of water supplied by the city water division and in addition uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the city, the amount of water used shall be determined by the city in such a manner as the city manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense may install and maintain a meter acceptable to the city for said purposes. 3. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water division, the amount of sanitary sewage, industrial wastes, water or other approved waste discharged into the sanitary sewer system shall be determined by the city in such a manner as the city manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a sewage meter acceptable to the city for said purposes. 4. The city council may, in its discretion, when applicable, permit connection to the city sanitary sewer system of properties located outside the corporate limits upon such terms and conditions as it may establish; provided, however, that such terms shall not be more favorable to such property than rates herein established for city users. 5. In order that the rates and charges may be modestly and equitably adjusted to the service rendered, the city shall have the right to base its charges not only on volume, but also on the strength and content of the sewage and wastes of the user. The city shall have the right to measure and determine the strength and content of all sewage and wastes discharged either directly or indirectly into the May 2011 City of Dubuque 13-2C-3 13-2C-4 city's sanitary sewer system, in such manner and by such methods as it may deem practicable in the light of the conditions and circumstances of the case in order to determine the proper charge. Extra charges will be applicable and negotiated with users on an individual account basis when concentration of the sewage exceeds three hundred milligrams per liter (300 mg/I) of biochemical oxygen demand, three hundred fifty milligrams per liter (350 mg/I) of suspended solids or two percent (2%) or more of the flow rate into the sewage treatment plant. 6. The rates and charges may be billed the tenant and tenants occupying the properties served, unless otherwise requested in writing by the owners, but such billings shall in no way relieve the owner from liability in the event payment is not made as required in this article. (2007 Code § 44-83) 7. Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size (Inches) Minimum Charge Allowance (Cubic Feet) Allowance (Gallons) 5/8 $ 5.96 200 1,496 3/4 14.85 500 3,740 1 or larger 23.77 800 5,984 (Ord. 24-11, 3-10-2011, eff. 7-1-2011) 13-2C-4: AREAS NOT SERVED BY PUBLIC SYSTEM: The rates, service charges, rentals or fees as provided in this article shall become effective at the time sewage from the contributors is first directed to the sanitary sewer system. At the time sanitary sewers are constructed in areas not now served by a sanitary sewer system, contribu- tors shall be granted a reasonable time to make connection to the sewer. The effective date of the sewage service charge and the reasonable time to connect to the sanitary sewer system will be determined by the city manager. (2007 Code § 44-84) May 2011 City of Dubuque 13-4-5 13-4-5 13-4-5: SFU RATE, CHARGES; UTILITY REVENUES: A. Square Feet Equivalency: For purposes of this chapter, an SFU shall be equivalent to two thousand nine hundred seventeen (2,917) square feet of impervious property. B. Monthly Service Charge: Except as provided in this chapter, every contributor owning or occupying a single-family residential property, multi -family residential property, or a nonresidential property, other than exempt property, shall pay to the city, at the same time payment is made for water service, sanitary sewer or refuse, a stormwater management charge to be determined and billed as provided in this chapter. In the event the owner and the occupant of a particular property are not the same, the liability for payment of the stormwater management charge attributable to that property shall be joint and several as to the owner and occupant. The stormwater management charge shall be a monthly service charge and shall be determined by this chapter and the SFU rate which is established in this chapter and from time to time adjusted as provided in this chapter. C. Application And Computation: The stormwater management charges provided in sections 13-4-6 through 13-4-8 of this chapter shall be applied and computed for each contributor during the customary billing periods as to all bills mailed by the finance director -city treasurer, and such charges shall thereafter be paid and collected as provided in this chapter. (2007 Code § 44-274) D. Rates Established: The SFU rate to be applied to residential and nonresidential properties shall be as follows: Time Period Rate Per SFU July 1, 2011 through June 30, 2012 July 1, 2012 through June 30, 2013 July 1, 2013 through June 30, 2014 July 1, 2014 through June 30, 2015 July 1, 2015 through June 30, 2033 (Ord. 25-11, 3-10-2011) $5.60 6.44 6.79 7.81 7.90 E. Authority To Adjust Rate: If at any time the director determines that the SFU rate and/or the budget for the stormwater management utility system requires adjustment, the director shall report such May 2011 City of Dubuque 13-4-5 13-4-6 determination to the city manager and city council. The city council may at any time adjust the SFU rate by adoption of an ordinance amending this section, and may at any time adjust the budget for the stormwater management utility system by adoption of an appropriate resolution. F. Policy On Expenditure Of Revenues: The city council hereby estab- lishes a formal policy regarding the expenditure of stormwater management utility revenues as follows: 1. The city manager shall develop and implement a cost accounting system, capable of accurately recording and segregating charges to the system by all departments of the city, to include the cost of personnel, machinery, contract equipment and construction, supplies, depreciation, and any and all miscellaneous expenses and purchases. 2. No revenues generated by the stormwater utility user fee shall be used for any purpose other than stormwater expenses. (2007 Code § 44-274) 13-4-6: SINGLE-FAMILY RESIDENTIAL PROPERTY: A. Percentage Of SFU Rate: The stormwater management charge for a single-family residential property shall be the following percentage of the SFU rate: Impervious Area Of Property (Square Feet) SFU Rate 1,471 or less 50 percent 1,472 to 4,374 100 percent 4,375 or more 150 percent B. Commencement Of Charge: As to a new single-family residence, the stormwater management charge attributable to that residence shall commence upon the earlier of the following: 1. The issuance of a permanent water meter. May 2011 City of Dubuque 13-6A-4 13-6A-6 D. Early Placement: All solid waste shall be placed at the designated collection location for city collection by six o'clock (6:00) A.M. on the scheduled collection day. E. Duty When Solid Waste Not Collected: Any solid waste not in compliance with this chapter shall not be collected by the city and shall be removed by the owner within twenty four (24) hours after the scheduled collection day and stored in such a manner as not to create a health, safety or fire hazard. (2007 Code § 40-34) 13-6A-5: OWNERSHIP OF MATERIALS; UNAUTHORIZED COL- LECTING PROHIBITED: From the time of placement for collection as provided in section 13-6A-4 of this article, all solid waste and recyclable materials and recycling containers which meet the requirements of this chapter placed for collection by the city shall become and be the property of the city and it shall be a violation of this section for any person other than authorized personnel of the city to collect, pick up, or cause to be collected or picked up, any such materials. (2007 Code § 40-35) 13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of ten dollars seventy two cents ($10.72) 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 8 housing program" for one and two (2) person households may, upon applica- tion to the city manager, be exempted from one-half (1/2) the August 2011 City of Dubuque 13-6A-6 13-6A-6 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 appro- priate. 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 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: 1. A fee of ten dollars seventy two cents ($10.72) 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. 2. 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 111 Premises: 1. A fee of ten dollars seventy two cents ($10.72) per month shall be paid to the city by the property owner of each class 111 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. August 2011 City of Dubuque 13-6A-6 13-6A-6 2. 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. D. Unit Based Pricing: Collection options and charges under unit based pricing for class I, II and III premises are as follows: 1. A yearly subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars sixty cents ($5.60) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. 2. A three (3) month subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars sixty cents ($5.60) each per month. The four (4) subscription periods are: a) July, August and September; b) October, November and December; c) January, February and March; and d) April, May and June.? subscription may not be canceled. 3. Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an additional two dollars thirty cents ($2.30) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. 4. A yearly subscription for weekly collection of an additional oversized solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. 5. A three (3) month subscription for weekly collection of an additional oversize solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. The four (4) subscription periods are: a) July, August and September; b) October, November and December; c) January, February and March; and d) April, May and June. A subscription may not be canceled. August 2011 City of Dubuque 1 3-6A-6 1 3-6A-6 6. Solid waste carts, owned by the city for semiautomated lifting, may be subscribed by owners and/or property managers of class I, II and III premises. The customer shall choose the number and size of the cart. The fee for a sixty five (65) gallon city cart shall be twenty one dollars ($21.00) each per month. The fee for a ninety five (95) gallon city cart shall be thirty dollars ($30.00) each per month. 7. Official city of Dubuque single use stickers costing one dollar thirty cents ($1.30) shall be applied to each additional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 8. Multiple -family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class II or class III premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with permanent identification as to the specific premises. However, for the two (2) weeks following Christmas, excess solid waste may be set out in trash bags with applied city of Dubuque single use stickers. 9. In alleys where solid waste carts, owned by the city for semiautomated lifting, are required to be subscribed by owners, tenants and/or property managers of class I, II, and III premises where the approved set out 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. E. Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: 1. A fee of eight dollars ($8.00) 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 eight dollars ($8.00) shall be paid for each additional three (3) cubic yards of solid waste. 3. An additional fee for tires, equal to the disposal fees charged at the Dubuque metro landfill, shall be paid to the city by the owner for each tire. August 2011 City of Dubuque 13-6A-6 13-6A-7 4. An additional fee of twelve dollars fifty cents ($12.50) shall be paid to the city by the owner for each appliance collected in the service. 5. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for service on a day not receiving weekly collection at the service address. 6. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for immediate service or whenever crews are sent back to the service address to collect items that were not properly set out on time as previously scheduled. (Ord. 35-11, 6-27-2011, eff. 7-1-2011) 13-6A-7: CHARGES; BILLING AND COLLECTION: A. City Billing: The city manager is authorized to bill tenants upon the written request of the property owner and according to a procedure to be established by the city manager. The property owner in such cases shall provide any information on each tenant's mailing address to aid in the collection of fees for city services. In all cases, the property owner shall remain liable for the payment of all charges required by this chapter. B. Monthly Billing: All accounts shall be billed monthly. The payment of bills is subject to the terms of section 13-1C-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 shall be the duty of the city manager to certify the actual rates and fees to the city clerk who, in turn, shall certify such costs plus the costs of administration to the county treasurer and all such costs shall then constitute a lien against said property and be collected with and in August 2011 City of Dubuque 13-6A-7 13-6A-8 the same manner as general property taxes on said property. (Ord. 29-08, 5-5-2008) 13-6A-8: YARD WASTE AND FOOD SCRAPS: A. Separation Of Yard Waste: Yard waste shall be separated by the owner of a premises from all other solid waste. B. Composting: An owner may compost such person's own yard waste and food scraps on such person's own premises, provided the same is stored in such a manner as to not create a fire, health or safety hazard. (Ord. 22-06, 3-2-2006, eff. 4-3-2006) C. Collection Schedule For Yard Waste: Yard waste that has not been composted shall be collected by the city not more than once each week according to the collection schedule established by the city manager. (Ord. 78-08, 12-1-2008) D. Preparation Of Waste: Containerized yard waste collected by the city shall be placed in degradable paper bags with an affixed single use sticker or in rigid waste containers with an affixed single use tag or in permanent waste containers with an affixed annual yard waste decal or in a subscribed sixty five (65) gallon city owned yard waste cart or be contained by tying devices approved by the city manager. The charges for collection and disposal of "yard waste" as defined shall be as follows: 1. The fee for tying devices approved by the city manager shall be one dollar thirty cents ($1.30) each. 2. The fee paid to the city by a customer of record with the city for an annual yard waste decal for a rigid waste container shall be thirty dollars ($30.00) each through June 30 of each year. The fee shall be reduced by one-half (1/2) on July 1 of each year and again by one- half (1/2) on September 1 of each year. A decal shall only be used by the customer of record with the city who purchased it. 3. The fee for single use stickers shall be one dollar thirty cents ($1.30) each. 4. The fee paid to the city for subscription to a sixty five (65) gallon city owned yard waste cart shall be fourteen dollars fifty cents ($14.50) per month with a onetime nonrefundable start up fee of twenty dollars ($20.00). (Ord. 31-10, 6-21-2010, eff. 7-1-2010) August 2011 City of Dubuque