Loading...
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)