Claim Response Schadler, Roger
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BAR R Y A. L I N D A H L, ESQ.
CORPORATION COUNSEL, CITY
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OF DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE:
September 9, 2005
RE:
Claim Against the City of Dubuque by Roger Schadler
Claimant
Date of Claim
Date of Loss
Nature of Claim
Roger Schadler
08/31/05
08/31/05
Property Damage
This is a claim in which the claimant alleges that City refuse crew emptied and seized his
35 gallon fiber drum container.
According to the report of Paul Schultz, Solid Waste Management Supervisor, claimant
set out an illegal container for collection. Mr. Schultz reports that the container is
awkward to handle and puts the hands of the person dumping the container at risk.
However, Mr. Schultz states that claimant should have been issued a warning before
the illegal container was seized.
It is therefore the recommendation of Paul Schultz to approve this claim for the amount of
$36.45. The Legal Department concurs with this recommendation.
SAL:tls
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Paul Schultz, Solid Waste Management Supervisor
Roger Schadler
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SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org
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MEMORANDUM
September 2,2005
TO:
Barry A. Lindahl, Esq., Corporation Council
FROM:
Paul F. Schultz, Solid Waste Management Supervisor
SUBJECT:
Claim of Roger Schadler
The claim and estimate is approved.
Mr. Schadler set out an illegal container for collection and attached a
green single use sticker to the container. The illegal container was a 35-gallon
fiber barrel that Mr. Schadler said he used to collect sawdust from his workshop.
The container is not acceptable according to city ordinance since it does not
have external handles and it is not manufactured for solid waste disposal. This
type of container is awkward to handle and puts the hands of the person
dumping the container at risk.
However, even though the container was illegal, I recommend honoring
the claim since the container should not have been seized and disposed of the
first time it was setout. Mr. Schadler should have had the container emptied by
the crew and then been issued a warning tag indicating that the container was
unacceptable in the future for solid waste collection.
However, if this claim is approved this replacement sawdust container
should not be setout for solid waste collection. It is illegal and will not be
collected in the future. The sawdust should be transferred to an acceptable solid
waste disposal container for collection.