Code of Ordinances - Adoption of Supplement No. 25 Copyrighted
June 5, 2017
City of Dubuque Consent Items # 24.
ITEM TITLE: Code of Ordinances -Adoption of Supplement No. 25
SUMMARY: City Clerk recommending adoption of Supplement No. 25
to the City of Dubuque Code of Ordinances.
RESOLUTION Adopting Supplement No. 25 to the Code
of Ordinances of the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Resolution Resolutions
Code Supplement No. 25 Supporting Documentation
THE CITY OF Dubuque
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DUB E
Masterpiece on the Mississippi 2047-2012-2013
TO: Honorable Mayor and City Council Members
FROM: Kevin S. Firnstahl, City Clerk
SUBJECT: Adoption of Supplement No. 25 to the Code of Ordinances
DATE: May 24, 2017
INTRODUCTION
The purpose of this memorandum is to submit to City Council a resolution adopting
Supplement No. 25 to the Code of Ordinances of the City of Dubuque.
DISCUSSION
The attached resolution provides for the adoption of Supplement No. 25 to the City of
Dubuque Code of Ordinances, that codifies Ordinance Nos. 4-17, 5-17, 7-17 through
10-17 and 16-17 as adopted by the City Council through April 2017.
Supplements to the Code of Ordinances are prepared by Sterling Codifiers, Inc., of
Coeur d'Alene, Idaho.
ACTION STEP
The requested action is for the City Council to pass the resolution adopting Supplement
No. 25 as a part of the Code of Ordinances of the City of Dubuque.
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Prepared by Kevin Firnstahl. City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
RESOLUTION NO. 190-17
ADOPTING SUPPLEMENT NO. 25 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance
No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its
entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by
resolution, become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 25 to the City of Dubuque Code of Ordinances, that
codifies Ordinance Nos. 4-17, 5-17, 7-17 through 10-17 and 16-17 as adopted by the
City Council through April 2017, prepared by the Sterling Codifiers, Inc.; and filed in the
Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes
part of the Code of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 5th day of June, 2016.
Roy D. Buol, Mayor
Attest:
Kevin . FirnstafiI, City Clerk
ROVED
STERLING CODIFIERS MAY 118 PM12; 211
3906 Schreiber Way
Coeur d'Alene, IO 83815 '` �jT(; ,?
(208) 665-7193 f
INSTRUCTION SHEET: DUBUQUE, Iowa
Supplement No.'-25/May, 2017
(� Includes Ordinances: 447, 5-17, 7-17 through 10-17 and 1647
REMOVEPAGE HEADED INSERT NEW PAGE HEADED
VOLUME I
Preface Preface
TITLE 6:
6-5-1, Chapter 5, Noises 6-5-1, Chapter 5, Noises
and following two pages and following two.pages
VOLUME II
TITLE 13
13-10-1, Chapter 1, Article C. Rates 13'-1C_1, Chapter 1, "Article C Rates
and following page and following page
13-2C-1, Chapter 2, Article C,. Rates 13-2C-1, Chapter 2, Article,C. Rates
and following page and following page
13=6A-4, D. Early Placement:All solid waste 13-6A-4, p. Early Placement: All solid waste
TITLE 14 .
14-1J-3y e. The city manager may waive the 1471J-3, e. The.city manager:may waive the
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PREFACE
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This city code of the city of Dubuque, as supple-
mented, contains ordinances up to and including
ordinance 16-17, passed April 17, 2017. Ordi-
nances of the city adopted after said ordinance l
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.
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Sterling Codifiers
Coeur d'Alene, Idaho
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6-5-1 6-5-1
CHAPTER 5
NOISES
SECTION:
6-5-1: Prohibited Noises
6-5-2: Unlawful Use Of Buildings
6-5-3: Exempt Noises
6-5-4: Residential Air Conditioners 1
6-5-5: City Contracts, Contractors And Subcontractors
6-5-6: Enforcement
6-5-7: Variance Permits
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6-5-1: PROHIBITED NOISES: No person shall cause or permit any j
loud and excessive noise that results in annoyance or dis-
comfort to a reasonable person of normal sensitivities. Without limiting or
precluding enforcement of any other provision of this chapter or this code,
the following are hereby prohibited:
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A. Horns, Signaling Devices: The sounding of any horn or signaling
device such as that on any automobile, motorcycle, bus or other
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vehicle on any street or public place of the city, except as a danger p
warning, or the sounding of any such device for an unnecessary and
unreasonable period of time.
B. Crying Of Wares: The sale by outcry within any area of the city ri
zoned for residential uses. However, this subsection shall not be
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construed to prohibit uie selling by outcry of merchandise, food and
beverages at licensed sporting events, parades, fairs, circuses and
other similar licensed public entertainment events, nor to prohibit the
selling of newspapers by outcry.
C. Animals And Fowl: The keeping of, upon any premises owned, occu-
pied or controlled by any person, any animal or fowl otherwise per-
mitted to be kept which, by any sound or cry, shall cause annoyance
or discomfort to a reasonable person of normal sensibilities.
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6-5-1 6-5-1
D. Loading, Unloading, Opening Boxes: The creation of any loud and
excessive noise in connection with loading or unloading any vehicle
or the opening and destruction of bales, boxes, crates and contain-
ers.
E. Schools, Courts, Churches, Hospitals: The creation of any loud and
excessive noise on any street adjacent to any school, institution of
learning, church or court while same is in use, or adjacent to any
hospital, which unreasonably interferes with the workings of such
institution, or which disturbs or unduly annoys patients in the hospi-
tal
F. Construction Or Repair Of Buildings: The creation of any loud or
excessive noise resulting from erection, excavation, demolition,
alteration or repair of any structure or building except between the
hours of seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M.,
Monday through Friday, and nine o'clock (9:00) A.M. and six o'clock
(6:00) P.M. on Saturday and Sunday. f
G. Pile Drivers, Hammers: The operation of any pile driver, pneumatic
hammer, derrick, power hoist or other construction equipment,
except between the hours of eight o'clock (8:00) A.M. and six o'clock
(6:00) P.M., Monday through Friday, and nine o'clock (9:00) A.M.
and six o'clock (6:00) P.M., Saturday and Sunday, and when so
permitted, only if equipped with an effective muffling device.
H. Refuse Or Recyclables Collection: The collection of garbage, trash,
refuse or recyclables in any area zoned residential except between f
the hours of six o'clock (6:00) A.M. and nine o'clock (9:00) P.M. of
any day and, when so permitted, only in a manner so as not to
create a loud or excessive noise.
I. Vehicle Repairs: The creation of loud and excessive noise resulting
from the repair or rebuilding of any motor vehicle within any residen-
tial area of the city except between the hours of nine o'clock (Q:nni
A.M. and nine o'clock (9:00) P.M. daily but only in such a manner
that a reasonable person of normal sensitivities residing in the area
will not be caused discomfort or annoyance.
J. Exhausts: The discharge into the open air of the exhaust of any
engine, including a steam engine, internal combustion engine, motor-
boat or motor vehicle or the discharge of air or other gases except
through a muffler or other device that will effectively prevent loud or
explosive noises therefrom.
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6-5-1 6-5-3
K. Stationary Machinery, Equipment And Fans: The operation of any
immobile machine, equipment, pump, fan or similar mechanical
device in any manner so as to create any loud and excessive noise.
L. Loud, Unnecessary Or Unusual Noise: Notwithstanding any other
provision of this chapter or code, and in addition thereto, it shall be
unlawful for any person to make or continue or cause to be made or
continued any loud, unnecessary, or unusual noise which disturbs p
the peace or quiet of any neighborhood or which causes discomfort
or annoyance to any reasonable person of normal sensitivities.
M. Outdoor Music Or Amplified Noise: The making or continuing to j
make any outdoor music or amplified noise between the hours of ten
o'clock (10:00) P.M. on Sunday and nine o'clock (9:00) A.M. on
Monday, ten o'clock (10:00) P.M. on Monday and nine o'clock (9:00) j
A.M. on Tuesday, ten o'clock (10:00) P.M. on Tuesday and nine r
o'clock (9:00) A.M. on Wednesday, ten o'clock (10:00) P.M. on
Wednesday and nine o'clock (9:00) A.M. on Thursday, ten o'clock
(10:00) P.M. on Thursday and nine o'clock (9:00) A.M. on Friday,
twelve o'clock (12:00) midnight on Friday and nine o'clock (9:00)
A.M. on Saturday and twelve o'clock (12:00) midnight on Saturday rI
and nine o'clock (9:00) A.M. on Sunday, when the person making or
causing to make such music or noise knows or reasonably should j
know the music or noise would disturb the peace of a reasonable
person. (Ord. 4-17, 2-6-2017)
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6-5-2: UNLAWFUL USE OF BUILDINGS: No person owning or in
possession of or in control of any building or premises shall
use the same, permit the use of the same, or rent the same to be used by
any business, employment or other use, or for any purpose of pleasure or
recreation, if such use shall, by the noise generated therefrom, disturb or
interfere with the peace of the neighborhood in which such building or
premises is situated. (2007 Code § 33-47)
6-5-3: EXEMPT NOISES: The following noises are exempt from the
provisions of this chapter:
A. Emergency Operations: Emergency short term operations that are
necessary to protect the health and welfare of the citizens, such as
emergency utility and street repair, fallen tree removal or emergency
fuel oil delivery, shall be exempt from the prohibition of section 6-5-1
of this chapter; provided, that reasonable steps shall be taken by
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6-5-3 6-5-5
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those in charge of such operations to minimize noise emanating from I
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the same.
B. Noise Required By Law: The prohibition of section 6-5-1 of this chap-
ter shall not apply to any noise required specifically by law for the
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protection or safety of people or property.
C. Lawn Mowers, Garden Tools: Powered equipment, such as lawn
mowers, small lawn and garden tools, riding tractors and snow
removal equipment that is necessary for the maintenance of prop-
erty, if kept in good repair and maintenance, shall be exempt from
the prohibition of section 6-5-1 of this chapter. No person shall
operate such equipment, however, with the exception of snow
removal equipment, except between the hours of eight o'clock (8:00)
A.M. and sunset, Monday through Friday, and nine o'clock (9:00)
A.M. to sunset, Saturday and Sunday.
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D. Residential Air Conditioners: Noise emitted by residential air condi-
tioners shall be governed by section 6-5-4 of this chapter.
E. Airplanes: Aircraft operations that are controlled specifically by
federal law shall be exempt from the prohibition of this chapter. j
F. Bells, Chimes: Bells, chimes and similar devices that signal the time
of day and operate during the daytime hours for a duration of no
longer than five (5) minutes in any given one hour period shall be
exempt from the prohibition of section 6-5-1 of this chapter. (Ord.
5-17, 2-6-2017)
6-5-4: RESIDENTIAL AIR CONDITIONERS: No person shall install,
operate or use any residential air conditioner, or combination
of residential air conditioners, that create a loud and excessive noise level
at a lot line of any dwelling located on any adjacent premises. (2007 Code
6-5-5: CITY CONTRACTS, CONTRACTORS AND SUBCONTRAC-
TORS: It is the policy of the city to comply with the noise
standards, as set forth in this chapter, in its own operations and the opera-
tions of its contractors and subcontractors. All contractors and subcontrac-
tors shall be required to comply with the provisions of this chapter. (2007
Code § 33-50)
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6-5-6 6-5-7
6-5-6: ENFORCEMENT: It shall be the duty of the city manager or
the city manager's designee to enforce the provisions of this
chapter. (2007 Code § 33-51)
6-5-7: VARIANCE PERMITS:
A. Issuance: Variance permits may be issued, pursuant to the provi-
sions of this chapter, by the city manager or the city manager's
designee from the noise prohibitions of this chapter.
B. Temporary Variance Permit: A temporary variance permit may be N
issued upon request; provided, that the work producing such noise is
necessary to promote the public health and/or welfare and reason-
able steps are taken to keep such noise at the lowest possible prac-
tical level.
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C. Special Events: A temporary variance permit may be issued for
special events, such as circuses, Fourth Of July celebrations and
similar community events that are limited in duration and are
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generally acceptable to the people of the community; provided, that
precautions are taken to maintain the noises produced at the lowest F
practical level.
D. Application For Permit: Applications for temporary variance permits
shall be made in writing to the city manager or the city manager's
designee and shall contain such information as requested by the city
manager or the city manager's designee, including, but not limited
to, the following:
1. Dates requested;
2. Time and place of operation;
Q. Equipment and vperatioii involved;
4. Necessity for such permit;
5. Steps to be taken to minimize noise; and
6. Name and telephone number of responsible person(s) who will be
present at the operation site while the noise is produced. (2007 Code
§ 33-52)
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13-1C-1 13-1 C-1
CHAPTERI
WATER USE AND SERVICE
ARTICLE C. RATES
SECTION:
13-1C-1: Residential, Commercial, Industrial And All Other Uses
13-1 C-2: Fire Sprinkler Service
13-1 C-3: Construction Use
13-1 C-4: Payment Of Bills
13-1C-1: RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL
OTHER USES:
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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 �I
one hundred (100) cubic feet (748 gallons) or per gallon as follows:
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Monthly Consumption Charge Per
(In Hundreds Of Cubic Feet) Hundred Cubic Feet
First 30 $3.67
Next 120 2.90
Next 350 2.69
Next 500 2.38
Next 1,000
Monthly Consumption
(In Gallons) Charge Per Gallon
First 22,440 $0.00474
Next 89,760 0.00387
Next 261,800 0.00361
Next 374,000 0.00319
Next 748,000 0.00280
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13-1 C-1 13-1C-1
Rates shall be subject to the following minimum monthly charge
according to the size of the meter:
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Monthly L
Consumption Monthly
Meter Size (In Hundreds Of Consumption Minimum
(Inches) Cubic Feet) (In Gallons) Charge
5/S 2 1,496 $ 7.09 14
3/4 5 3,740 17.72
1 8 5,984 28.36
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1'/z 26 19,448 92.14 E
2 46 34,408 152.67
3 106 79,288 326.48
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4 168 125,664 502.49
6 368 275,264 1,041.79
8 625 467,500 1,696.28
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A property owner shall pay a fifty dollar ($50.00) disconnect fee for
water service that is disconnected by the city for a meter not in j
service. When a tenant account is subject to disconnection due to
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delinquency, the tenant shall pay the fifty dollar ($50.00) disconnect
fee.
A fifty dollar ($50.00) service call fee shall be charged to property
owners or tenant account for those service calls that are determined
to be related to customer negligence.
A five dollar fifty cent ($5.50) minimum monthly charge shall be
assessed for meters not in service. (Ord. 7-17, 3-7-2017, eff.
7-1-2017)
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
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13-1C-1 13-1 C-2
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reason, consumption will be predicated on the monthly average of
past usage for the meter. For estimated bills issued for an account in
which historical data is not available, billing will be predicated on the
minimum charge and related consumption identified for the size of
the meter in service for the particular account.
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)
13-1 C-2: FIRE SPRINKLER SERVICE: Customers who have fire
sprinkler service shall be billed for this service on a monthly
basis. The monthly charge shall be as follows:
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Current Number Of Heads Monthly Charges
Up to 200 (minimum) $21.70
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200 - 299 26.05
300 - 399 30.34
400 - 599 34.72
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600 - 799 39.02
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800 - 999 43.39
1,000 - 1,199 47.74
1,200 - 1,399 52.03
1,400 - 1,599 56.38
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1,600 - 1,799 60.73
1,800 - 1,999 65.03
2,000 - 2,199 69.39
2,200 - 2,399 73.72
2,400 - 2,599 78.07
2,600 - 2,799 82.41
2,800 - 2,999 86.84
3,000 - 3,499 91.07
Over 3,500 (for each additional 500 4.33
heads or fraction thereof)
( (Ord. 8-17, 3-7-2017, eff. 7-1-2017)
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13-1 C-3 13-1 C-4
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13-1 C-3: CONSTRUCTION USE: Q
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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.
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C. Payment Of Charge When Installation Of Meter Impractical: If it is
the opinion of the city manager that placement of a meter is imprac-
tical, then the deposit for meter and fittings shall not be required, but
a charge, as determined by the city manager, after official publica-
tion, shall be made, but under no circumstances shall water be used
for sprinkling lawns, wetting down yards or compacting of soil unless
a meter has been installed on the service, or arrangements have
been made for such usage.
D. Water Rate For Various Other Purposes: The rate for water charged
for other purposes not mentioned herein, such as for circuses,
carnivals, fairs, skating rinks, swimming pools, tank wagons and
filling cisterns will be made by the city manager when application is
made for the same at the water office. (2007 Code § 44-203)
13-1 C-4: PAYMENT OF SILLS:
A. Locations For Payment Of Bills: Payment of bills may be made at
locations that have been designated by the city manager, after
official publication.
B. Due When Rendered: All utility bills are due when rendered. (Ord.
31-08, 5-5-2008)
C. Late Payments; Procedure Upon Delinquency:
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1. If a bill remains unpaid twenty five (25) days following the billing
date, there will be added to the bill a penalty of five percent (5%) of
the total utility bill for late payment.
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13-2C-1 13-2C-2 ,
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CHAPTER
SEWERS AND SEWAGE DISPOSAL
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ARTICLE C. RATES I!
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SECTION: f
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13-2C-1: Purpose
13-2C-2: Definitions
13-2C-3: Rates Established
13-2C-4: Areas Not Served By Public System
13-2C-5: Lien For Failure To Pay j
13-2C-6: Cost Of Collection
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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 Any and all rates, charges, fees or rentals
CHARGE: levied against and payable by the contributors,
including special contracts or agreements which
have been or may be negotiated by and
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13-2C-2 13-2C-3
between the city, commercial establishments,
industries, manufacturing plants or corporations
for the purpose of collecting rates, charges, G
fees or rentals.
SEWAGE Any and all units of the municipal sewage treat-
TREATMENT PLANT: ment 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:
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13-2C-3: RATES ESTABLISHED: Contributors whose property lies
within the corporate limits of the city, except as otherwise pro-
vided 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: (Ord. 10-17, 3-7-2017, eff. 7-1-2017)
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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:
Rate per each 100 cubic feet $4.89
Rate per each gallon 0.00654
(Ord. 10-17, 3-7-2017, eff. 7-1-2017)
C. Service Charge:
1. When a parcel of real estate, property or building discharging
sanitary sewage, industrial wastes, water or other approved waste,
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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
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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 5
water from another source which is not measured by a water meter E
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 man-
ner 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 u
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.
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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 g
have the right to measure and determine the strength and content of
all sewage and wastes discharged either directly or indirectly into the
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13-2C-3 13-2C-4
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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 y
three hundred milligrams per liter (300 mg/1) of biochemical oxygen
demand, three hundred fifty milligrams per liter (350 mg/1) of
suspended solids or two percent (2%) or more of the flow rate into :
the sewage treatment plant. I'
6. The rates and charges may be billed to the tenant and tenants
occupying the properties served, unless otherwise requested in
writing by the owners, but such billings shall in no way relieve the j
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:
I
Meter Size Minimum Allowance Allowance
(Inches) Charge (Cubic Feet) (Gallons)
6/3 $ 9.78 200 1,496
3/4 24.45 500 3,740
1 or larger 39.12 800 5,984
(Ord. 10-17, 3-7-2017, eff. 7-1-2017)
i
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 con-
structed in areas not now served by a sanitary sewer system, contributors
shall be granted a reasonable time to make connection to the sewer. The
effective date of the sewage service charge and the reasonable time to
connect to the sanitary sewer system will be determined by the city
manager. (2007 Code § 44-84)
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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. R
E. Duty When Solid Waste Not Collected: Any solid waste not in compli-
ance 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)
� t+
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)
{
ii
13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
fl
A. Class I Premises: Except as qualified below, a fee of fifteen dollars
eleven cents ($15.11) 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 G
defined in this chapter. There is no limit on the number of bins
allowed to be collected containing acceptable "recyclable materials" q
as defined in this chapter. Exceptions to the collection charges for
class I premises are as follows: (Ord. 9-17, 3-7-2017, eff. 7-1-2017) j
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 I
manager for a credit under procedures to be established by the city
manager. Such credit shall continue only so long as the class
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 estab-
lished collection charge. After the initial application, annual applica-
May 2017
City of Dubuque
I
13-6A-6 13-6A-6
tion shall be made by the head of household on July 1 of each year 1
to verify annual income and eligibility.
i
3. In cases of extreme financial hardship, the city manager may, and j
is hereby authorized and empowered to, make adjustments in the
i
monthly collection charges as the city manager may deem appropri-
ate. 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.
i
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 02) 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. (Ord. 4-16, 3-14-2016, eff. 7-1-2016)
B. Class II Premises:
is
1. A fee of fifteen dollars eleven cents ($15.11) 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 dis-
posal 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.
(Ord. 9-17, 3-7-2017, eff. 7-1-2017)
I
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. (Ord. 4-16, j
3-14-2016_, eff. 7-1-2016)
C. Class III Premises:
1. A fee of fifteen dollars eleven cents ($15.11) 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.
(Ord. 9-17, 3-7-2017, eff. 7-1-2017)
May 2017
City of Dubuque
14-1J-3 14-1J-3
t .
e. The city manager may waive the program requirement upon
the submission of a written request by a property owner, manager, or
licensed real estate professional and after finding that:
(1) The property is properly licensed by the city of Dubuque;
(2) The property has no history of priority category designa-
tion or any founded code violations within the previous twelve
(12) months; and
(3) A waiver will not provide the property owner with an unfair
advantage in a competitive real estate market.
4. Criminal Background Checks:
a. The property owner, manager, or licensed real estate pro-
fessional agrees to conduct background checks for all prospective I�
tenants whose tenancy commences on or after July 1, 2011. A back-
ground check may be performed using the city's free background
check service or by another background check service approved by
the city manager.
b. The city manager may waive the criminal background check
requirement upon the submission of a written request by a property d
owner, manager, or licensed real estate professional and after a
finding that:
(1) The property is properly licensed by the city of Dubuque;
(2) The property has no history of priority category designa-
tion or any founded code violations within the previous twelve R
(12) months; and
i
(3) A waiver will not create a danger to nearby residents.
(Ord. 30-16, 6-20-2016, eff. 7-1-2016)
J. Suspension And Revocation Of Rental License:
1. Causes: The city manager may, for good cause, suspend or
revoke a rental license for a rental unit, and in the case of a multi-
family dwelling, suspend the license as to one or more rental units
for a period not to exceed one year for any of the following:
a. Conviction, judgment, plea of guilty, or finding of guilt of the
licensee for violation of any provision of the property maintenance
code;
May 2017
City of Dubuque
14-1 J-3 14-1J-3
b. Misrepresentation by the licensee of any material fact in the
application for a rental license;
c. Refusal by the licensee to permit inspection of the licensed
d
rental unit(s) by authorized city personnel;
d. Nonpayment of the fee for renewal of the rental license; f
e. Failure to attend the successful rental property management
class; or r
f. Failure to perform a required criminal background check on an
applicant for tenancy after July 1, 2011;
g. Failure of a priority category to comply with an inspection
schedule or pay inspection fees. Tenants will be relocated from the
rental unit at the priority category's expense.
2. Opportunity To Appeal: Prior to any suspension or revocation
under this subsection, the city manager must give notice in writing to
the property owner, manager, or licensed real estate professional
and provide for an opportunity to appeal.
3. Period Of Revocation Or Suspension: During the period of revoca-
tion or suspension, a unit for which the rental license was suspended
or revoked may not be relicensed.
4. Notice To Licensee: The city manager shall cause to be issued to
the licensee a notice that the license is suspended or revoked,
setting forth the reason(s) therefor. The notice shall be sent by
certified United States mail to the licensee at the address on file with
the city manager.
5. Appeal: The licensee may appeal the decision of the city manager
to the housing board of appeals. An appeal must be filed, in writing,
within twenty (20) days from the date of the notice of suspension or
revocation.
6. Notice To Tenant: Upon suspension or revocation the city man-
ager must give written notice of the suspension or revocation of the
license to each tenant, requiring the tenant to vacate the premises
within a time frame determined by the city manager. Any tenant who
fails to vacate the premises after such time shall be subject to penal-
ties under title 1, chapter 4 of this code. (Ord. 16-17, 4-17-2017)
May 2017
City of Dubuque