Garbage, Yard Waste etc. increase
DUB~
~<k~
MEMORANDUM
March 2, 2005
TO:
FROM:
Michael C. Van Milligen, City Manager
Don Vagi, Public Works Director ~
SUBJECT: Proposed Revisions to City of Dubuque Code of Ordinances Sections 40-
34 Placement for Containers for Collection, 40-37 Charges-Amounts;
Exceptions and 40-39 Yard Waste
INTRODUCTION
The purpose of this memorandum is to submit to you three proposed ordinances for
your review and recommendation to the City Council. The ordinances would revise
paragraph (e) of Section 40-34, paragraphs (a), (b), (c), (d) and (e) of Section 40-37,
and paragraph (d) of Section 40-39.
DISCUSSION
Chapter 40 of the Code of Ordinances is entitled "Solid Waste". Section 40-34 is
entitled "Placement of Containers for Collection", Section 40-37 is entitled "Charges-
Amounts; Exceptions", and Section 40-39 is entitled "Yard Waste".
Staff recommends the following revisions to Chapter 40:
. Section 40-34(e} to reflect the recommended adoption of a new schedule of
penalties for non-compliance, effective April 4, 2005;
· Section 40-37(a}, (b), (c), (d) and (e) approving the proposed $8.70 monthly
solid waste collection base fee and other related, volume-based, refuse
collection and special collection fees for fiscal year 2006; and
. Section 40-39(d} approving the proposed yard waste collection fee increases for
fiscal year 2006.
Attached are copies of Sections 40-34,40-37 and 40-39, with the proposed deletions
lined out and the proposed additions underlined. Also attached are copies of the
ordinances as recommended.
ACTION STEP
Staff recommends that the proposed ordinances be approved by you and
recommended to the City Council for adoption with the fiscal year 2006 budget.
Attachments
ORDINANCE NO. 15-05
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-34
PLACEMENT FOR CONTAINERS FOR COLLECTION BY ADDING A NEW
PARAGRAPH (e) PROVIDING FOR A FEE SCHEDULE ESTABLISHED BY THE
CITY MANAGER FOR THE REMOVAL OF SOLID WASTE.
NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Section 40-34 (e) of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 40-34. Placement Of Containers For Collection:
(a) Where collections are made from alleys, solid waste containers shall be placed in
one location for each dwelling, in clear view and at the owner's property line
abutting the alley and on the days designated in said schedule.
(b) Where collections are made from the street, solid waste containers shall be
placed in one location for each dwelling, in clear view and in the street right of
way on the owner's property side of the curb and on the days designated in said
schedule. Such containers shall be placed so as not to interfere with vehicular
and pedestrian traffic and when emptied shall be promptly removed by the
owner.
(c) No person shall place solid waste at the street for collection more than twenty
four (24) hours before the scheduled collection day.
(d) 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) Any solid waste placed for collection but not collected because it is not in
compliance with this section 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. An owner who fails to remove such solid waste within such twenty-
four (24) hour period shall, in addition to the penalty for such violation, be
charged a fee for the removal of the solid waste based on a schedule established
by the City Manager after written notice by the City Manager.
Section 2. This ordinance shall take effect on the 4th day of April, 2005.
Passed, approved and adopted this 8th day of March, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider
City Clerk
EFFECT OF AMENDMENT
Sec. 40-34. Placement Of Containers For Collection:
(a) Where collections are made from alleys, solid waste containers shall be placed in
one location for each dwelling, in clear view and at the owner's property line abutting the
alley and on the days designated in said schedule.
(b) Where collections are made from the street, solid waste containers shall be
placed in one location for each dwelling, in clear view and in the street right of way on
the owner's property side of the curb and on the days designated in said schedule. Such
containers shall be placed so as not to interfere with vehicular and pedestrian traffic and
when emptied shall be promptly removed by the owner.
(c) No person shall place solid waste at the street for collection more than twenty-
four (24) hours before the scheduled collection day.
(d) 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) Any solid waste placed for collection but not collected because it is not in
compliance with this section ordin::mce 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. (Ord. 5-1
93, ~ 1, 9 20 1993)
An owner who fails to remove such solid waste within such twenty four (24) hour period
shall. in addition to the penalty for such violation, be charqed a fee for the removal of
the solid waste based on a schedule established by the City Manaqer after written
notice by the City Manaqer.
ORDINANCE NO.
16
-05
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37
PARAGRAPHS (a), (b), (c), (d) and (e) ESTABLISHING CHARGES FOR THE
COLLECTION AND DISPOSAL OF SOLID WASTE MATERIALS
NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 40-37 (a), (b), (c), (d), and (e) of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
Sec. 40-37. Charges-Amoun1s; Exeeptions1:
(a) Class I Premises: Except as qualified below, a fee of eight dollars and seventy
cents ($8.70) 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 (112) 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 (112) 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 eight dollars and seventy cents ($8.70) 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 eight dollars and seventy cents ($8.70) 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) Class I, II Or III Premises: 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
($5.00) 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 ($5.00) each per month. The four (4) subscription periods are July,
August and September; October, November and December; January, February
and March; and, 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 ($2.00) 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 seven dollars
($7.00) 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 seven
dollars ($7.00) each per month. The four (4) subscription periods are July,
August and September; October, November and December; January, February
and March; and, April, May and June. A subscription may not be canceled.
(6) Solid waste carts, owned by the city for semi automated 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 eighteen dollars and fifty cents ($18.50) each per
month. The fee for a ninety five (95) gallon city cart shall)twenty seven dollars
($27.00) each per month. he
(7) Official city of Dubuque single use stickers costing one dollar and twenty
cents ($1.20) 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.
(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 six dollars ($6.00) 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 four dollars ($4.00) 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 and 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.
Section 2. This ordinance shall take effect on the 1st day of July, 2005.
Passed, approved and adopted this 8th day of March, 2005.
Attest:
~'v
Jeanne F. Schneider, CMC
City Clerk
EFFECT OF AMENDMENT
Sec. 40-37. Charges-Amounts; Exceptions1:
(a) Class I Premises: Except as qualified below, a fee of eiQht dollars and fifty one
cents ($8.51) eight dollars and seventy cents ($8.70) 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 1/ Premises: A fee of eiQht dollars and fifty one cents ($8.51) eight dollars
and seventy cents ($8.70) per month shall be paid to the city by the property
owner of each class 1/ 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 ofthe next billing period after such fourteen (14) day notice period.
(c) Class III Premises: A fee of eiQht dollars and fifty one cents ($8.51) eight dollars
and seventy cents ($8.70) per month shall be paid to the city by the property
owner of each class III premises for such services. Said fee shall be in payment
for collection and disposal of one 35-gallon can or one 35-gallon trash bag of
"solid waste" as defined. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as defined.
The owner of a class III premises served by city solid waste collection may
provide the city manager with not less than fourteen (14) days' written notice of
intent to terminate the service. Such termination of service shall be effective at
the beginning of the next billing period after such fourteen (14) day notice period.
(d) Class I, II Or III Premises: Collection options and charges under unit based
pricing for class I, II and III premises are as follows:
(1) A yearly subscription for weekly collection of an additional standard solid
waste container, or containers, may be subscribed for an additional four dollars
and thirty three cents ($"1.33) five dollars ($5.00) 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 futH:
dollars and thirty three cents ($1.33) five dollars ($5.00) each per month. The
four (4) subscription periods are July, August and September; October,
November and December; January, February and March; and, 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 one dollar and eiQhty cents ($1.80) two
dollars ($2.00) 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 five--.GeUafs
and fifty cents ($5.50) seven dollars ($7.00) 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 five
dollars and fift\' cents ($5.50) seven dollars ($7.00) each per month. The four (4)
subscription periods are July, August and September; October, November and
December; January, February and March; and, April, May and June. A
subscription may not be canceled.
(6) Solid waste carts, owned by the city for semi automated 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 seventeen dollars ($17.00) eighteen dollars
and fifty cents ($18.50) each per month. The fee for a ninety-five (95) gallon
city cart shall be twenty five dollars ($25.00) twenty seven dollars ($27.00)
each per month.
(7) Official city of Dubuque single use stickers costing one dollar and fifteen cents
($1.15) one dollar and twenty cents ($1.20) 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" 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.
(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) six dollars ($6.00) shall be paid by the owner
for each time the service is provided for up to the equivalent of six (6) three
(3) cubic yards of solid waste.
(2) An additional fee of two dollars ($2.00) four dollars ($4.00) 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 often dollars ($10.00) twelve dollars and fifty cents
($12.50) shall be paid to the city by the owner for the first each appliance
collected in the service.
(5) An additional fee of nine dollars ($9.00) sholl be paid to the citv bv the owner
for each additional appliance collected in the service. 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.
ORDINANCE NO. 17-05
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-39
PARAGRAPH (d) ESTABLISHING CHARGES FOR THE COLLECTION AND
DISPOSAL OF YARD WASTE MATERIALS
NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 40-39 (d) of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 40-39. Yard Waste:
(a) Yard waste shall be separated by the owner of a premises from all other
solid waste.
(b) An owner may compost such person's own yard waste 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.
(c) Yard waste that has not been composted by the owner of the premises
shall be collected by the city not more than once each week according to
the collection schedule established by the dty manager from April through
November each year. Christmas trees shall be collected separately from
all other solid waste once each week for two (2) weeks after the Christmas
holiday according to the provisions of this chapter.
(d) Yard waste collected by the city shall be placed in degradable paper bags
with an affixed single use tag or in permanent waste containers with an
affixed single use tag or in permanent waste containers with an affixed
annual yard waste permit 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 and 20 cents ($1.20) each.
(2) The fee paid to the dty by a property owner for an annual yard waste
permit for a permanent waste container shall be twenty six dollars
($26.00) 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 permit shall only be used by the property
owner who purchased it.
..
(3) The fee for single use tags shall be one dollar and twenty cents ($1.20)
each.
(e) No person shall deposit any yard waste in any public right of way. (Ord.
54-93, ~ 1, 9-20-1993; Ord. 16-95, ~ 1, 3-8-1995; Ord. 16-96, ~ 1, 3-18-
1996; Ord. 14-02, ~ 3, 3-5-2002)
Section 2. This ordinance shall take effect on the 1st day of July, 2005.
Passed, approved and adopted this 8th day of March, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EFFECT OF AMENDMENT
Sec. 40-39. Yard Waste:
(a) Yard waste shall be separated by the owner of a premises from all other
solid waste.
(b) An owner may compost such person's own yard waste 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.
(c) Yard waste that has not been com posted by the owner of the premises
shall be collected by the city not more than once each week according to the
collection schedule established by the city manager from April through November
each year. Christmas trees shall be collected separately from all other solid
waste once each week for two (2) weeks after the Christmas holiday according to
the provisions of this chapter.
(d) Yard waste collected by the city shall be placed in degradable paper bags
with an affixed single use tag or in permanent waste containers with an affixed
single use tag or in permanent waste containers with an affixed annual yard
waste permit 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 GAe- dollar
five cents ($1.05) one dollar and twenty cents ($1.20) each.
(2) The fee paid to the city by a property owner for an annual yard waste permit
for a permanent waste container shall be tvlentv five dollars ($25.00) twenty-six
dollars ($26.00) each through June 30 of each year. The fee shall be reduced by
one-half (112) on July 1 of each year, and again by one-half (112) on September 1
of each year. A permit shall only be used by the property owner who purchased
it.
(3) The fee for single use tags shall be one dollar five cents ($1.05) one dollar
and twenty cents ($1.20) each.
(e) No person shall deposit any yard waste in any public right of way. (Ord.
54-93, ~ 1, 9-20-1993; Ord. 16-95, ~ 1, 3-8-1995; Ord. 16-96, ~ 1, 3-18-1996;
Ord. 14-02, ~ 3,3-5-2002)