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code has been amended, superseded or repealed.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.
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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
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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.
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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.
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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.
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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
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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
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