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Ordinance FY 2010 Collection and Disposal of Solid Waste Materials ChargesTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: Michael C. Van Milligen, City Manager FROM: Don Vogt, Public Works Director DaV SUBJECT: Proposed Revisions to Section 40-37 of the Code of Ordinances DATE: February 28, 2009 INTRODUCTION The purpose of this memorandum is to submit to you a proposed ordinance for your review and approval. This ordinance would revise paragraphs (a), (b), (c) and (d) of Section 40-37 of the Code of Ordinances. DISCUSSION Chapter 40 of the Code of Ordinances is entitled "Solid Waste". Section 40-37 is entitled "Charges -Amounts; Exceptions 1 ". Staff recommends revision of paragraphs (a), (b), and (c) of Section 40-37 upon City Council's approval of the proposed $10.60 monthly solid waste collection service base fee for fiscal year 2010. Staff recommends revision of paragraph (d) upon City Council's approval of the expanded Alley Cart Program. Attached is a copy of Section 40-37 with the proposed changes noted. Also attached is the recommended ordinance. RECOMMENDATION Staff recommends that the proposed ordinance be approved by the City Manager and City Council upon approval of the fiscal year 2010 budget. Attachments ORINDANCE NO. 15-09 AMENDING CITY OF DUBUQWEU CODE OF ORDINANCES SECTION 40-37 PARAGRAPHS (a), (b), and (c) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATERIALS; AND AMENDING SECTION 40-37 PARAGRAPH (d) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATERIALS RELATED TO THE SOLID WASTE ALLEY CART PROGRAM NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 40-37 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 40-37. Charges-Amounts; Exceptions: (a) Class I Premises: Except as qualified below, a fee of ten dollars and sixty cents 010.60) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35- gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: (1) When a class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so long as the class I premises is vacant. (2) Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its section eight (8) housing program" for one- and two-person households ,may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (3) In cases of extreme financial hardship, the city manager, may and is hereby..authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the city manager may deem necessary. (4) Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section eight (8) housing program" for the size of that household may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (b) Class II Premises: A fee of ten dollars and sixty cents ($10.60) per month shall be paid to the city by the property owner of each class II premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. The owner of a class II premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. (c) Class III Premises: A fee of ten dollars and sixty cents ($10.60) per month shall be paid to the city by the property owner of each class III premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials', as defined. The owner of a class III premises served by city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. (d) Unit Based Pricing: Collection options and charges under unit based pricing for class I, 11 and III premises are as follows: (9) In alleys where solid waste carts, owned by the city for semi- automated lifting, are required to be subscribed by owners, tenants and/or property managers of class I, II, and III premises where the approved setout location is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. Section 2. This ordinance shall take effect on the 1st day of July, 2009. Passed, approved and adopted this 9th day of March, 2009. ~{l Roy D~uol, Mayor Attest: `n ,w-~ .~ eanne F. Schneider, CMC City Clerk EFFECT OF AMENDMENT Sec. 40-37. Charges-Amounts; Exceptions: (a) Class I Premises: Except as qualified below, a fee of ten dollars and ($10.605) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: (1) When a class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so long as the class I premises is vacant. (2) Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section eight (8) housing program" for one- and two-person households may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (3) In cases of extreme financial hardship, the city manager, may and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the city manager may deem necessary. (4) Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by ~~ HUD for its "section eight (8) housing program for the size of that household may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (b) Class II Premises: A fee of ten dollars and sixt +"fie cents ($10.605) per month shall be paid to the city by the property owner of each class II premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. The owner of a class II premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. (c) Class III Premises: A fee ten dollars and sixty. ""+@ cents ($10.605) per month shall be paid to the city by the property owner of each class III premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. The owner of a class III premises served by city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. (d) Unit Based Pricing: Collection options and charges under unit based pricing for class I, II and III premises are as follows: (9) In alleys where ,solid waste carts, owned by the city for semi-automated lifting, are required to be subscribed by owners, tenants and/or property managers of class I, II, and III premises where the approved setout location is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. ®. `~„~ o ~ ~ ~•~ ~,~ `~ ~ 3 O U ~ p cd U ~ U ~ ® ~" ~". 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