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Code of Ordinances Amendment - Title 13_Solid Waste Rates and Charges FY15THE CITY OF Dui Masterpiece on the Mississippi Dubuque kittld All -America City hill? 2007 • 2012 • 2013 TO: Michael C. Van Milligen, City Manager FROM: Donald J. Vogt, Public Works Director DSV SUBJECT: Proposed Revisions to Section 13-6A-6 of the Code of Ordinances DATE: February 18, 2014 INTRODUCTION The purpose of this memorandum is to submit a proposed ordinance for your review and approval. This ordinance would revise paragraphs A, B, and C of Section 13-6A-6. DISCUSSION Title 13 of the Code of Ordinances is entitled "Public Utilities". Chapter 6 of Title 13 is entitled "Solid Waste". Chapter 13-6A-6 is entitled "Rates and Charges Established; Exceptions". I recommend revision of paragraphs A, B and C of Section 13-6A-6 upon the City Council's approval of the $13.24 base monthly refuse and recyclables collection service fee proposed for fiscal year 2015. Attached are the recommended ordinance and Effect of Amendment detailing the changes proposed for Section 13-6A-6. RECOMMENDATION Staff recommends that the proposed ordinance be approved by the City Manager and the City Council. Attachments ORDINANCE NO. 20-14 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 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 thirteen dollars twenty- four cents ($13.24) 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 Tess 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 (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 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 ofhouseholdon July 1 of each year to verify annual income and eligibility. B. Class II Premises: 1. A fee of thirteen dollars twenty-four cents ($13.24) 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 becollected containing acceptable "recyclable materials" as defined. 2. The owner of a class II_ premises served by the city solid waste collection may provide the citymanager 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: 1. A fee of thirteen dollars twenty-four cents ($13.24) 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. 2. 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: 1. A yearly subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. 2. 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 five dollars ($5.00) 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. 3. A yearly subscription for weekly collectionof an additional oversized solid waste container, or containers, may be subscribed for an additional twelve dollars ($12.00) each per month. 4. 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- four (64) gallon city cart shall be twenty-two dollars ($22.00) each per month. The fee for a ninety-six (96) gallon city cart shall be thirty- three dollars ($33.00) each per month. 5. Official city of Dubuque single use stickers costing one dollar fifty cents ($1.50). 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). 6. 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 I'ocation 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. 7. 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. 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 ten dollars ($10.00) 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 twelve dollars fifty cents ($12.50) 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 ten dollars ($10.00) 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. 13-13, 2-28-2013, eff: 7-1-2013) Section 2. This Ordinance shall take effect on the 1st day of July, 2014. Passed, approved and adopted this 5th day of March, 2014. ,OD Roy D. B , Mayor Attest: K- in S. Firnst-hl, ' y Clerk EFFECT OF AMENDMENT 13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of thirteen twelve -dollars twenty - seventy four cents ($13.24 12.74) 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 (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 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: 1. A fee of thirteen twelve -dollars twenty covonty four cents ($13.2112.7.1) 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 III Premises: 1. A fee of thirteen tie -dollars twenty soventyfour cents ($13.2112.71) per month shall be paid to the city by the property owner of each class!!! 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 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. OFFICIAL PUBLICATION ORDINANCE NO. 20-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERV- ICE, SECTION 13-6A-6 RATES AND CHARGES ESTABLISHED; EX- CEPTIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10 - WA: Section 1. Section 13- 6A-6 of the City of Du- buque Code of Ordi- nances is hereby amended to read as follows: 13-6A-6: RATES AND CHARGES ESTABLISH- ED; EXCEPTIONS: A. Class I Premises: Except as qualified be- low, a fee of thirteen dollars • twenty-four cents ($13.24) per dwelling unit per• month shall be paid to the city by the proper- ty owner of each class I premises for such services. Said fee shall be in payment for col- lection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as de- fined in this chapter. There is no limit on the number of bins allowed to be collected contain- ing acceptable "recy- clable materials" as defined in this chapter. Exceptions to the col- lection charges for class I premises are as follows: 1. When a class I premises has been va- cant for a period not less than three (3) con- secutive months, the owner may apply to the city manager for a credit under proce- dures to be established by the city manager. Such credit shall con- tinue 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 annu- al income equal to or less than the income standards used by HUD for its "section 8 hous- ing program" for one and two (2) 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 ap- plication shall be made by the head of house- hold 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 manag- er shall have the au- thority to require such proof of vacancy, fi- nancial status, age or extreme hardship, as the city manager may deem necessary. 4. Class I premises when a family house- hold of five (5) or more persons has an annual income equal to or less than the Income stand- ards used by HUD for its "section 8 housing program" for the size of that household may, upon application to the city manager, be ex- empted 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: 1. A fee of thirteen dollarstwenty-four cents ($13.24) per month shall be paid to the city by the proper- ty owner of each class II premises for such services. Said fee shall be in payment for col- lection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as de- fined. 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 .man- ager with not less than fourteen (14) days' written notice of intent to terminate the serv- ice. Such termination of service shall be ef- -feetive—at-the—begin ning of the next billing period after such four- teen (14) day notice period. C. Class III Premises: 1. A fee of thirteen dollars twenty-four cents ($13.24) per month shall be paid to the city by the proper- ty owner of each class III 'premises for such' services. Said fee shall be In payment for col- lection and disposal Of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as de- fined. 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 III premises served by city solid waste collection may provide the city man- ager with not less than fourteen (14) days' buque single use stick- written notice of intent ers. to terminate the serv- 7. In alleys where sol - ice. Such termination id waste carts, owned of service shall 'be et- by the city for fective at the ,begin semlautomated lifting, ning of the next billing ! are required to be sub - period after such four- , scribed by owners, ten - teen (14) day notice ants and/or property period. managers of class I, II,' D. Unit Based Pricing:� and 111 premises where Collection options and , the approved set out charges under unit '.location is in an alley. based pricing for class ' The customer shall I, II and III premises are choose the number and as follows: size of the cart(s). 1. A yearly subscrip Such carts shall be tion for weekly collec- subscribed according tion of an additional I to a fee schedule and standard solid waste program requirements container, or contain- as approved by the city ers, may be subscribed manager. for an additional eight , ' E. Special Collection: dollars ($8.00) each per The charge for a spe- " month. -tial collection service 2. Oversize, nonstan- ' for large and bulky dard rigid solid waste rubbish to each dwell, containers of up to fifty ing unit receiving such (50) gallons in capacity service when request:- may equest-may be subscribed as ed by the owner shall the one container cov- be as follows: ered under the base• 1. A fee of ten dollars monthly solid waste ($10.00) shall be paid fee for an additional by the owner for each five dollars ($5.00) per time the service is pro - month, Such contain -I vided for up to the ers shall be holders for equivalent of .three (3) standard trash bags for manual removal by city crews, shall not con- i tain 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. 3. A yearly subscrip- tion for weekly collec- tion of an additional oversized solid waste container or contain- ers, maybe subscribed cubic yards of solid waste. 2. An additional fee of twelve dollars fifty cents ($12.50) shall be 1 paid for each addition- al 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 ten dollars ($10.00) for an additional twelve dollars ($12.00) each per month. 4. Solid waste carts, owned by the city for shall be paid to the city by the owner for each. appliance collected in the service. 5. An additional fee of semiautomated lifting, ten dollars ($10.00) may be subscribed by , shall be paid to the city owners and/or proper- by the owner for each ty managers of class I, collection requested by II and III premises. The the owner to be sched- customer shall choose uled for service on a the number andsize of day not receiving the cart. The fee for a weekly collection at sixty-four (64) gallon the service address. city cart shall be 6: An additional fee of twenty-two dollars, ten dollars ($10.00) ($22.00) each per shall be paid to the city, month. The fee for a ,.by the owner for each ninety-six (96) gallon collection requested by city cart shall be thirty- the owner to be sched- three dollars ($33.00), uled for immediate each per month. service or whenever 5. Official city of Du- creWs are sent back to buque single use stick- the service address to ers costing one dollar collect items that were fifty cents ($1.50) shall not properly set out on be applied to each ad- time as previously ditional standard solid scheduled. (Ord. 13-13, waste container or 2-28-2013, eff. 7 -1 - small bulky or bundled 2013) • item In excess of the Section 2. This Ord!, one standard solid , nance shall take effect waste container col- on the 1st day of July, lected under the based 2014. Passed, approved monthly solid waste and adopted' this 5th fee .or any additional day of March, 2014. subscribed contain- er(s): 6. Multiple -family /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk dwellings of three (3), Published officially in four (4), five (5), and the Telegraph Herald six (6) dwelling units newspaper on the llth as well as class II or day of March, 2014. class III premises shar- /s/Kevin S. Firnstahl, Ing a common set out CMC, City Clerk location with other city It 3/11 solid, waste customers • shall only use ap- proved rigid solid waste containers with permanent Identifica- tion as to•the specific premises. However, for the two (2) weeks fol- lowing Christmas, ex- cess solid waste may be set out in trash bags with applied city of Du-, IN THE DISTRICT COURT OF IOWA IN AND FOR DUBUQUE COUNTY Certification of Publication See attached Document I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa. "hereby certify that the attached notice was published in said newspaper on the following date(s): I r �( (c 4't 11) 001e, and for which the charge is $ g 7, 51 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /f day of avae4 , 20/j7 . nFti' K. WESTERMEYER S c: .ommission Number 154885 Comm, Exp. FEB. 1, 2017 Notary ublic in and for Dubuque ounty, Iowa