Loading...
Ordinance_Establishing Charges for Collection and Disposal of Solid Waste MaterialsMasterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Don Vogt, Public Works Director D1/ SUBJECT: Proposed Revisions to Section 13 -6A of the Code of Ordinances DATE: February 22, 2010 Attachments Dubuque All- AmericaCity 11111, 2007 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, D and E of Section 13 -6A -6 and paragraph D of Section 13 -6A -8 of the Code of Ordinances. DISCUSSION Title 13 of the Code of Ordinances is entitled "Public Utilities ". Chapter 6 of Title 13 is entitled "Solid Waste ". Section 13 -6A -6 is entitled "Rate and Charges Established; Exceptions ". Section 13 -6A -8 is entitled "Yard Waste and Food Scraps ". Staff recommends revision of paragraphs A, B, C, D and E of Section 13 -6A -6 and paragraph D of Section 13 -6A -8 upon City Council's approval of the proposed solid waste collection service fees for fiscal year 2011. Attached is a copy of Section 13 -6A -6 and Section 13 -6A -8 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 2011 budget. ORDINANCE NO. 16 -10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13 -6A -6 RATES AND CHARGES ESTABLISHED; EXCEPTIONS; AND AMENDING SECTION 13- 6A -8(D) YARD WASTE AND FOOD SCRAPS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13 -6A -6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13 -6A -6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of eleven dollars nine cents ($11.09) 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 application to the city manager, be exempted from one - half ( 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 8 housing program" for the size of that household may, upon application to the city manager, be exempted from one -half ( 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 eleven dollars nine cents ($11.09) 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 eleven dollars nine cents ($11.09) 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. 2. The owner of a class 111 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 111 premises are as follows: (Ord. 15 -09, 3 -9 -2009, eff. 7 -1 -2009) 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. A 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. 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 ($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. (Ord. 21 -06, 3 -2- 2006, eff. 7 -1 -2006) 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. (Ord. 15 -09, 3 -9 -2009, eff. 7 -1 -2009) 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. 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. 21 -06, 3 -2 -2006, eff. 7 -1- 2006). Section 2. Section 13- 6A -8(D) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13 -6A -8: YARD WASTE AND FOOD SCRAPS: 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 ( on July 1 of each year and again by one -half ( on September 1 of each year. A decal shall only be used by the customer of record with the city who purchased it. 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 one -time nonrefundable start up fee of twenty dollars ($20.00). Section 3. This Ordinance shall take effect on the 1 day of July, 2010. Passed, approved and adopted this 9th day of March, 2010. Attest: 3. The fee for single use stickers shall be one dollar thirty cents ($1.30) each. eanne F. Schneider, CMC City Clerk B. Class II Premises: EFFECT OF AMENDMENT 13 -6A -6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of eleven dollars nine cents ($11.09) 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 1 premises are as follows: 1. When a class 1 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 1 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 application to the city manager, be exempted from one -half ( 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 8 housing program" for the size of that household may, upon application to the city manager, be exempted from one -half ( 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. 1. A fee of eleven dollars nine cents ($11.09) 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 6 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 eleven dollars nine cents ($11.09) 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. 2. The owner of a class 111 premises served by city solid waste collection may provide the city manager with not Tess 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 1, 11 and 111 premises are as follows: (Ord. 15 -09, 3 -9 -2009, eff. 7 -1- 2009) 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. A 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 7 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. 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 ($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. (Ord. 21 -06, 3 -2 -2006, eff. 7 -1 -2006) 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. (Ord. 15 -09, 3 -9 -2009, eff. 7 -1 -2009) 8 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. 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. 21 -06, 3 -2 -2006, eff. 7 -1- 2006). Section 2. Section 13- 6A -8(D) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13 -6A -8: YARD WASTE AND FOOD SCRAPS: 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 dollar thirty cents ($1.30) each. 9 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 ( on July 1 of each year and again by one -half ( 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 one -time nonrefundable start up fee of twenty dollars ($20.00). 10