HomeMy WebLinkAbout4482-05/29/2001 BLACK HAWK COUNTY IOWA:SS 028126
MISCFiled for record JUN 27 , 2001 at
INDEX 4:00 p.M. and recorded in Book 343
MARGIN • of SSC Page 132
PROOF •
COMPA Recorder
Fee 1-50.00/
CITY 07= WATERLOO
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4482
AN ORDINANCE AMENDING THE 2001 CODE OF ORDINANCES
OF THE CITY OF WATERLOO, IOWA, BY: CHANGING THE
NAME OF CHAPTER 3 , GARBAGE AND REFUSE, OF TITLE
4, PUBLIC HEALTH AND SAFETY, TO CHAPTER 3 , SOLID
WASTE COLLECTION AND DISPOSAL; AND REPEALING THE
DEFINITION OF "HEALTH DEPARTMENT" UNDER SECTION
4-3-1, DEFINITIONS, SECTION 4-3-2 , SANITATION AND
RECYCLING DEPARTMENT, SECTION 4-3-5, COLLECTION
RULES AND REGULATIONS, AND SECTION 4-3-8,
EXCEPTIONS TO BURNING YARD WASTES, ALL UNDER
CHAPTER 3 , GARBAGE AND REFUSE, OF TITLE 4, PUBLIC
HEALTH AND SAFETY; AND ENACTING IN LIEU THEREOF A
NEW DEFINITION OF "HEALTH DEPARTMENT" UNDER
SECTION 4-3-1 , DEFINITIONS, SECTION 4-3-2 , WASTE
MANAGEMENT SERVICES DEPARTMENT, SECTION 4-3-5,
COLLECTION RULES AND REGULATIONS, AND SECTION 4-
3-8 , EXCEPTIONS TO BURNING YARD WASTES, ALL UNDER
CHAPTER 3 , SOLID WASTE COLLECTION AND DISPOSAL,
OF TITLE 4 , PUBLIC HEALTH AND SAFETY; AND
REPEALING THE DEFINITION OF "ENFORCEMENT
AUTHORITY" UNDER SECTION 4-4-1, DEFINITIONS,
SUBSECTION B OF SECTION 4-4-3 , ADMINISTRATION AND
ENFORCEMENT, AND 4-4-5, RECEPTACLES AND
CONTAINERS, ALL OF CHAPTER 4 , LITTER CONTROL, OF
TITLE 4, PUBLIC HEALTH AND SAFETY; AND ENACTING
IN LIEU THEREOF A NEW DEFINITION OF "ENFORCEMENT
AUTHORITY" UNDER SECTION 4-4-1, DEFINITIONS; AND
REPEALING THE ABBREVIATION OF "WP/FC" , THE
DEFINITION OF "ADMINISTRATOR, " AND THE DEFINITION
OF "SUPERINTENDENT" OF SECTION 8-3-3 ,
DEFINITIONS, SECTION 8-3-4 , ADMINISTRATION,
SUBSECTION A OF SECTION 8-3-5, SUPERINTENDENCE,
AND SECTION 8-3-19, TERMINATION OF SERVICE, ALL
OF CHAPTER 3 , SEWER REGULATIONS, OF TITLE 8 ,
PUBLIC UTILITIES; AND ENACTING IN LIEU THEREOF A
NEW ABBREVIATION OF "WMSD" , THE DEFINITION OF
"ADMINISTRATOR, " AND THE DEFINITION OF
"SUPERINTENDENT" OF SECTION 8-3-3 , DEFINITIONS,
SECTION 8-3-4 , ADMINISTRATION, SUBSECTION A OF
SECTION 8-3-5, SUPERINTENDENCE, AND SECTION 8-3-
19, TERMINATION OF SERVICE, ALL OF CHAPTER 3 ,
SEWER REGULATIONS, OF TITLE 8 , PUBLIC UTILITIES;
AND REPEALING SUBSECTION A4 OF SECTION 8-3A-2 ,
DETERMINATION OF RATES AND CHARGES, OF ARTICLE A,
USER CHARGES AND FEES, OF CHAPTER 3 , SEWER
REGULATIONS, OF TITLE 8 , PUBLIC UTILITIES; AND
ENACTING IN LIEU THEREOF A NEW SUBSECTION A4 OF
SECTION 8-3A-2 , DETERMINATION OF RATES AND
CHARGES, OF ARTICLE A, USER CHARGES AND FEES, OF
CHAPTER 3 , SEWER REGULATIONS, OF TITLE 8 , PUBLIC
UTILITIES; AND REPEALING SECTION 8-3C-1-5, LIMIT
OF AUTHORITY, OF ARTICLE C, DISCHARGES INTO
SYSTEM, OF CHAPTER 3 , SEWER REGULATIONS, OF TITLE
egoK 0343 PAGE 132
Ordinance No. 4482
Page 2
8 , PUBLIC UTILITIES; AND ENACTING IN LIEU THEREOF
A NEW SECTION 8-3C-1-5, LIMIT OF AUTHORITY, OF
ARTICLE C, DISCHARGES INTO SYSTEM, OF CHAPTER 3 ,
SEWER REGULATIONS, OF TITLE 8, PUBLIC UTILITIES;
AND REPEALING SUBSECTION B OF SECTION 7-5B-2 ,
NUISANCE DECLARED, SECTION 7-5B-4 , WEED
COMPLAINTS, AND SECTION 7-5B-5, NOTICE TO
PROPERTY OWNERS, ALL OF ARTICLE B, WEEDS, OF
CHAPTER 5, VEGETATION, OF TITLE 7, PUBLIC WAYS
AND PROPERTY; AND ENACTING IN LIEU THEREOF A NEW
SUBSECTION B OF SECTION 7-5B-2 , NUISANCE
DECLARED, SECTION 7-5B-4 , WEED COMPLAINTS, AND
SECTION 7-5B-5, NOTICE TO PROPERTY OWNERS, ALL OF
ARTICLE B, WEEDS, OF CHAPTER 5, VEGETATION, OF
TITLE 7, PUBLIC WAYS AND PROPERTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That the name of Chapter 3 , Garbage and Refuse, of Title 4 ,
Public Health and Safety, be changed to Chapter 3 , Solid Waste
Collection and Disposal .
CHAPTER 3
SOLID WASTE COLLECTION AND DISPOSAL
That the definition of "Health Department" under Section 4-
3-1, Definitions, Section 4-3-2 , Sanitation and Recycling
Department, Section 4-3-5, Collection Rules and Regulations, and
Section 4-3-8, Exceptions To Burning Yard Wastes, all under
Chapter 3 , Garbage and Refuse, of Title 4 , Public Health and
Safety, are hereby repealed in their entirety; that a new
definition of "Health Department" under Section 4-3-1,
Definitions, Section 4-3-2 , Waste Management Services
Department, Section 4-3-5, Collection Rules and Regulations, and
Section 4-3-8 , Exceptions To Burning Yard Wastes, all under
Chapter 3 , Solid Waste Collection and Disposal , of Title 4 ,
Public Health and Safety, are hereby enacted in lieu thereof as
follows :
4-3-1 : DEFINITIONS :
For the purpose of this chapter the following words and phrases
shall have the meanings ascribed to them in this section unless
different meanings are clearly indicated by the context : ...
HEALTH DEPARTMENT: Black Hawk County Health Department, the
agency authorized to act for the City of Waterloo.
goox 0343 PAGE 133
Ordinance No. 4482
Page 3
4-3-2 : WASTE MANAGEMENT SERVICES DEPARTMENT:
A. Created: The Waste Management Services Department is
hereby established.
B. Control of Superintendent : The Department shall be under
the control of the Superintendent of Waste Management
Services appointed by the Mayor with the approval of the
City Council and be directly responsible to the Mayor. The
Department shall have the duty and responsibility of the
collection of garbage, refuse, and yard waste within the
corporate limits of the City and see that all garbage,
refuse and yard waste is disposed of in a sanitary matter,
whether by the City or by private persons, in order the
protect the health of the citizens thereof .
C. Composition of Department : The Department shall consist of
such employees as may be necessary or provide other means
in order to efficiently handle the collection of garbage,
refuse and yard waste . The Superintendent of Waste
Management Services may employ such employees at such
compensation as may be deemed right and necessary.
D. Administration; Collection: The Council shall , from time
to time by resolution, provide such other policies, rules
and regulations in addition to the provisions of this
chapter as may be deemed necessary for the proper
administration of the Department and the collection of
garbage, refuse, and yard waste by and in the City.
4-3-5 : COLLECTION RULES AND REGULATIONS :
A. Containers : The specific requirements for the number and
type of containers, placement of items for collection, size
of containers, weight of containers or items placed out for
collection, etc . , shall be as set forth in the
administrative policy, organization and procedures prepared
by the Superintendent of Waste Management Services and
adopted by resolution of the City Council .
B. Containers Required: It shall be required of every person
in possession, charge or control of any place in or from
which building materials, business trash, garbage,
household trash, industrial waste, tree and shrubbery
trimmings and yard trash is accumulated or produced to
provide and at all times to keep in a suitable place,
adequate and suitable receptacles and containers capable of
holding all such waste materials which would ordinarily
accumulate between the times of successive collections .
The departments of waste management services and/or health
are designated as the agencies to determine the quantity
and location of said receptacles and to determine whether
said receptacles and containers are serviceable .
ox 343 194
Ordinance No. 4482
Page 4
C. Container Construction and Design: All receptacles and
containers as required hereunder shall be of safe
construction and design and shall be maintained in good and
serviceable condition at all times . Any receptacles or
containers which do not conform to the provisions of this
chapter or which have ragged or sharp edges or any other
defects likely to hamper or injure the person collecting
the contents thereof, or public, shall be promptly replaced
upon notice . If said containers, after proper notice, have
not been replaced, the departments of waste management
services and/or health shall have the authority to order
their replacement .
D. Loading and Unloading Areas : All loading and unloading
areas shall be provided with refuse receptacles for loose
debris, paper, packaging materials and other trash. The
number of containers necessary for each area shall be as
required to maintain clean, neat and sanitary premises as
directed by the department of health.
E. Points of Collection: Refuse containers shall be placed for
collection at ground level on the property and with access
without the need for walking or carrying a refuse container
over, under or around some yard or property obstacle . No
refuse shall be collected where refuse containers cannot be
reached by collection personnel without unlocking or
opening a door, gate or any similar obstacle, encountering
a dog, or otherwise being denied reasonable access by
parked vehicles, yard tools and equipment, or other similar
objects . No refuse receptacles or containers shall be
stored in front of a home or in front of the building line
closest to the street . The department of waste management
services and/or health shall have the authority to
determine the proper receptacle or container location on
private property.
F. Yard Wastes :
1 . Yard waste shall be separated from all other wastes by
the owner, occupant or agent of all premises in the City.
Specific requirements for disposal shall be as set forth in
this chapter and the administrative policies referred to in
subsection A of this section.
2 . Yard waste shall be disposed of in containers provided
by the City specifically for that purpose . Disposal of
yard waste for City pickup in other containers shall be
prohibited.
G. Authorized Collectors : No person other than the agents of
the city or persons so authorized by it shall collect or
transport garbage through or upon the streets or alleys of
the city.
BOOK 0343 PAGE 135
Ordinance No. 4482
Page 5
H. Removal of Accumulations by Private Collectors : Any
multiple dwelling and any business shall have garbage and
refuse collected by a private licensed collector and may
have yard waste hauled by a private licensed collector.
This shall not preclude the provisions of subsection Fl of
this section.
I . Disposition Areas Established by City Council : Disposition
of garbage, refuse, and yard waste shall be in areas
designated by the Council . Disposition of solid
construction rubble such as concrete, brick, stone, sand or
dirt, shall be in areas approved by the City as set forth
in article B of this chapter.
J. Vehicle Requirements : Any person, including employees of
the city hauling trash, refuse, garbage, offal or other
offensive substances in a vehicle of any kind over the
streets of the city, shall equip the vehicle with a metal
or canvas cover and shall keep such cover over the load-
carrying portion of the vehicle at all times, as necessary
to prevent material from escaping. The cover shall be of
sufficient size to fully cover any refuse being carried in
the vehicle and to keep the refuse in place on such
vehicle . The vehicle shall be so constructed that no
drippings or seepings from any refuse carried therein can
escape from the vehicle .
4-3-8 : EXCEPTIONS TO BURNING YARD WASTES :
A. The city council shall have the authority, consistent with
this section, to grant exceptions and allow the burning of
yard waste under special limited conditions . These special
limit conditions shall consist of cases when burning of
native vegetation is a recognized management technique . An
application for exception must be filed with the clerk' s
office, reviewed by the leisure services, fire, and waste
management services departments and forwarded to the city
council for approval .
That the definition of "Enforcement Authority" under
Section 4-4-1, Definitions, Subsection B of Section 4-4-3 ,
Administration and Enforcement, and 4-4-5, Receptacles and
Containers, all of Chapter 4 , Litter Control , of Title 4 , Public
Health and Safety, are hereby repealed in their entirety; and
that a new definition of "Enforcement Authority" under Section
4-4-1, Definitions, is hereby enacted in lieu thereof as
follows :
ENFORCEMENT AUTHORITY: The Black Hawk County health department
and the building department code enforcement officers .
That the abbreviation of "WP/FC" , the definition of
"Administrator, " and the definition of "Superintendent" of
Section 8-3-3 , Definitions, Section 8-3-4 , Administration,
Subsection A of Section 8-3-5 , Superintendence, and Section 8-3-
19, Termination of Service, all of Chapter 3 , Sewer Regulations,
of Title 8 , Public Utilities, are hereby repealed in their
entirety; that a new abbreviation of "WMSD" , the definition of
eooKO343 ma 136
Ordinance No. 4482
Page 6
"Administrator, " and the definition of "Superintendent" of
Section 8-3-3 , Definitions, Section 8-3-4, Administration,
Subsection A of Section 8-3-5, Superintendence, and Section 8-3-
19, Termination of Service, all of Chapter 3 , Sewer Regulations,
of Title 8 , Public Utilities, are hereby enacted in lieu thereof
as follows :
8-3-3 : DEFINITIONS :
The following abbreviations shall have the designated meanings :
WMSD Waste Management Services Department
ADMINISTRATOR: Superintendent of Waste Management Services
Department or designated representative .
SUPERINTENDENT: The superintendent of the city' s waste
management services department or his designated representative.
8-3-4 : ADMINISTRATION:
The POTW is under the authority, management and control of the
City of Waterloo who shall employ a full-time superintendent of
the Waste Management Services Department and other employees as
are necessary for the operation and maintenance of the POTW and
the administrative activities incidental thereto.
8-3-5 : SUPERINTENDENCE :
A. Administrator: The Superintendent of the Waste Management
Services Department shall be the administrator of the
system and, as such, is empowered to implement and enforce
the provisions of this chapter.
8-3-19 : TERMINATION OF SERVICE :
A. When ordered by the City Council or when fees and
surcharges remain unpaid ninety (90) days after having been
billed, the following notice shall be forwarded by
registered mail , return receipt requested, certified mail,
or personal service to the occupants at the address of the
building being served by the City:
NOTICE OF INTENT TO TERMINATE SERVICE
You are hereby notified that due to (insert reason for
termination) , the wastewater service to the building
located at (insert address) will be terminated within
thirty (30) days hereafter unless you have corrected
the above situation. Your service will be
disconnected and your building will be red-tagged as
unfit for human occupancy on the thirty-fifth (35th)
day after date of this notice . Dated
WASTE MANAGEMENT
SERVICES DEPARTMENT
CITY OF WATERLOO, IOWA
BY:
Superintendent
EOOK 0343 PAGE 137
Ordinance No. 4482
Page 7
B. The City hereby declares that it is against public policy
for a building to be occupied by human inhabitants which
has been red-tagged by the Waste Management Services
Department after appropriate notice has been given that the
building is "a public nuisance and unfit for human
occupancy. "
C. In the event that such user fails to correct the cause for
the above-notice, the following notice shall be forwarded
by registered mail , return receipt requested, certified
mail , or personal service to the occupants of the building
and also affixed to the building or housing unit within a
building:
NOTICE OF TERMINATION
You are hereby notified that there has been no
response to the Notice of Intent to Terminate Service
and the thirty (30) day period stated therein has
lapsed. You are hereby notified that on (here insert
date five days after service of this notice) , the City
will physically disconnect the building sewer to your
building from the sewage system to which it is
connected and will red-tag the building located at
(here insert address) as "unfit for human occupancy. "
Dated
WASTE MANAGEMENT
SERVICES DEPARTMENT
CITY OF WATERLOO, IOWA
BY:
Superintendent
D. The manner of severance and procedure for disconnection
shall be determined by the Waste Management Services
Department . Upon completion of said disconnection, the
Administrator shall forward to the occupant of the building
by registered mail, return receipt requested, certified
mail, or personal service a bill for the cost of making the
disconnection, including all costs for labor and materials
and a one hundred dollar ($100 . 00) service charge for City
supervision.
That Subsection A4 of Section 8-3A-2 , Determination of
Rates and Charges, of Article A, User Charges and Fees, of
Chapter 3 , Sewer Regulations, of Title 8 , Public Utilities, is
hereby repealed in its entirety; that a new Subsection A4 of
Section 8-3A-2 , Determination of Rates and Charges, of Article
A, User Charges and Fees, of Chapter 3 , Sewer Regulations, of
Title 8 , Public Utilities, is hereby enacted in lieu thereof as
follows :
8-3A-2 : DETERMINATION OF RATES AND CHARGES :
BOOK 0343 PAGE 138
Ordinance No. 4482
Page 8
A. Each connection to the POTW shall pay user charges in
accordance with the following schedule .
4 . If the rates as specified in this ordinance are not paid
when due as required by this ordinance, there shall be
added to the rates a penalty of five (5) percent . The
Clerk shall certify to the County Treasurer all sewer
rates, charges or rentals and penalties delinquent .
That Section 8-3C-1-5, Limit of Authority, of Article C,
Discharges into System, of Chapter 3 , Sewer Regulations, of
Title 8 , Public Utilities, is hereby repealed in its entirety;
that a new Section 8-3C-1-5, Limit of Authority, of Article C,
Discharges into System, of Chapter 3 , Sewer Regulations, of
Title 8, Public Utilities, is hereby enacted in lieu thereof as
follows :
8-3C-1-5 : LIMIT OF AUTHORITY:
Nothing in this section 8-3C-1 shall be construed to limit the
authority of the Waste Management Services Department, Black
Hawk County Health Department or other health authorities to
define wastes as being infectious and, with the concurrence of
the superintendent, to require that they will not be discharged
to the POTW.
That Subsection B of Section 7-5B-2 , Nuisance Declared,
Section 7-5B-4 , Weed Complaints, and Section 7-5B-5, Notice To
Property Owners, all of Article B, Weeds, of Chapter 5,
Vegetation, of Title 7, Public Ways and Property, are hereby
repealed in their entirety; that new Subsection B of Section 7-
5B-2 , Nuisance Declared, Section 7-5B-4 , Weed Complaints, and
Section 7-5B-5, Notice To Property Owners, all of Article B,
Weeds, of Chapter 5, Vegetation, of Title 7, Public Ways and
Property, are hereby enacted in lieu thereof as follows :
7-5B-2 : NUISANCE DECLARED:
B. Nuisance Prohibited: It shall be unlawful for any owner of
any property within the corporate city limits to maintain,
cause, or permit weeds, grasses, or other herbaceous
vegetation to grow under such circumstances that said
vegetation is a "nuisance" and "weed hazard" as defined in
this article . Such determination shall be made by the
superintendent of waste management services or designee .
7-5B-4 : WEED COMPLAINTS :
A. The waste management services department shall be
responsible for the administration of this article
including the receiving, processing, and inspection of weed
complaints on private property.
B. The superintendent of waste management services, with the
approval of the public works committee of the city council,
shall be authorized to prepare a form for the resolution of
weed complaints . The documents contained in this form shall
become known as the Waterloo weed complaint policies . A
written weed complaint may be filed with the city by an
individual complainant .
BOOK 0343 PAGE 139
Ordinance No. 4482
Page 9
C. The implementation of the provisions of this article and
the Waterloo weed complaint policies shall be the
responsibility of the superintendent of waste management
services or his designee . The superintendent or his
designee shall have the authority to cause the procedures
of this article to be enforced and shall be authorized to
direct the removal of any weeds, grasses, or other
herbaceous vegetation if such vegetation is located on
private property and is declared a nuisance or hazard in
accordance with this article .
7-5B-5 : NOTICE TO PROPERTY OWNERS :
A. Upon receipt of a complaint or observation by the
Superintendent of Waste Management Services or his/her
designee, a notice shall be issued to the owner (as shown
by the official records of Black Hawk County) , agent,
and/or person in possession of said property, describing
the nuisance or hazard on said property. The notice shall
request the abatement of the nuisance or hazard within five
(5) days from the date of service as evidenced on the
return, or if by certified mail, from the date of mailing
as evidenced by the certified mail book at the post office
where mailed. Failure of the owner to abate the growth
within the time frame set forth herein may result in the
City' s abating said growth and assessing all costs
associated therewith against the affected property. Any
repeat violations on the same property within the same
growing season may result in an increase in costs by an
amount equal to the number of incidents multiplied by the
base administrative fee as determined by the Superintendent
of Waste Management Services or his/her designee .
B. Notice required herein shall be by ordinance or certified
mail, stating that the property is in violation of this
Article, and that failure of the owner, agent, and/or
person in possession of said property to abate the growth
within the time frame set forth herein may result in the
City' s abating the growth and assessing costs of said
action against the property. If the Superintendent of Waste
Management Services or his/her designee or the Fire or
Health departments declare the growth to be an emergency,
the City may perform any action required to abate said
growth within prior notice, and assess any and all costs of
said action to the property as provided herein. An
emergency shall be any act or omission of the property
owner which constitutes a health, safety, or fire hazard to
anyone .
INTRODUCED: May 29, 2001
PASSED 1st CONSIDERATION: May 29, 2001
PASSED 2nd CONSIDERATION: May 29, 2001
PASSED 3rd CONSIDERATION: May 29, 2001
BoQX 0340 MGE 140
Ordinance No. 4482
Page 10
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 29th day of May, 2001, and approved by the
Mayor on the 31St day of May, 2001 .
4Ir
John R. R-.off, Mayor ill
ATTEST:
- P;12i21-4-
Nancy Ecke , City Clerk
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Ordinance No. 4482 , as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 29th day of May, 2001 .
Witness my hand and seal of office this 31st day of May,
2001 .
ffil_ex)L-
Nancy Eck t, City Clerk
SEAL
j 4
BOOK 0343 Pela 141