HomeMy WebLinkAbout5521-11/04/2019 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5521
AN ORDINANCE AMENDING THE CITY OF WATERLOO CITY
CODE BY REPEALING CHAPTER 3, SOLID WASTE
COLLECTION AND DISPOSAL OF TITLE 4, PUBLIC HEALTH
AND SAFETY IN IT'S ENTIRETY AND ENACTING IN LIEU
THEREOF A NEW CHAPTER 3, SOLID WASTE COLLECTION
AND DISPOSAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA AS FOLLOWS:
That Chapter 3, Solid Waste Collection and Disposal of Title 4, Public Health and Safety
be repealed and enact in lieu thereof a new Chapter 3, Solid Waste Collection and Disposal of
Title 4, Public Health and Safety, as follows:
Chapter 3
SOLID WASTE COLLECTION AND DISPOSAL
4-3-1: DEFINITIONS:
4-3-2: ADMINISTRATION:
4-3-3: SPECIAL REFUSE DISPOSAL:
4-3-4: DISPOSAL SERVICES PROVIDED; EXCEPTIONS:
4-3-5: COLLECTION RULES AND REGULATIONS:
4-3-6: FEES FOR SERVICE:
4-3-7: PROHIBITED ACTS AND CONDITIONS:
4-3-8: SPECIAL EXCEPTIONS TO BURNING BAN:
4-3-9: VIOLATION; PENALTY:
4-3-10: NOTICE REGARDING NUISANCE:
4-3-11: PAYMENT,ASSESSMENT OF COSTS, APPEAL:
4-3-1: DEFINITIONS:
BUSINESS: Each separate establishment for carrying on any profit-seeking, institutional,
religious, governmental or nonresidential activity or enterprise, other than a"home occupation"
as defined in section 10-3-1 of the zoning ordinance.
DWELLING UNITS: Each household unit occupied by a single family.
EXCLUDED WASTE: Solid waste designed by the city as not appropriate for recycling,
including but not limited to hazardous materials, garbage, refuse, yard waste, special waste, and
other materials or waste identified in rules and regulations established by the public works
manager or designee and approved by resolution of the city council.
GARBAGE: All solid and semisolid putrescible animal, grain, fruit, or vegetable wastes
resulting from the handling,preparing, cooking, storing, serving, and consuming of food or of
material intended for use as food.
HAZARDOUS MATERIALS: Any hazardous waste or hazardous substance regulated by article
C of this chapter, including but not limited to materials that are hazardous, radioactive, volatile,
corrosive, highly flammable, explosive, biomedical, infectious, biohazardous,toxic or listed or
characteristic hazardous waste as defined by applicable law or otherwise regulated.
MULTIPLE DWELLING: A building or complex consisting of more than four(4) dwelling
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units.
PERSON: Each individual, firm, corporation,partnership or other entity, or any employee or
agent thereof.
PREMISES: The property occupied by a separate family or business unit, whether or not the
same be separately owned.
RECYCLING: Any process by which certain solid waste is collected, separated, and processed
or returned to use in the form of raw materials or products.
RECYCLING MATERIALS: Solid waste designated by the city as appropriate for recycling,
such as newsprint, magazines, catalogs, cardboard, metal cans, and plastic containers, as set forth
in the rules and regulations established by the public works manager or designee and approved by
resolution of the city council.
REFUSE: Putrescible and non-putrescible solid and semisolid wastes that are not "hazardous
materials", "garbage", "recycling materials" or "yard waste" as defined in this section, including,
but not limited to,trash, rubbish, wood that is not yard waste, glass, ashes, incinerator ash or
residue, street cleanings, market and industrial solid wastes, and building materials.
SOLID WASTE: Any garbage, rubbish, refuse, recycling materials, yard waste, and other
discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting
from industrial, municipal, commercial, construction, mining or agricultural operations, and
residential, community and institutional activities.
SOLID WASTE FEE SCHEDULE: A schedule of fees, costs and charges, as adopted and
modified from time to time by resolution of the city council,that are chargeable to customers in
connection with the solid waste collection and disposal program provided for in this chapter.
YARD WASTE: Vegetative wastes resulting from the care and maintenance of residential yards,
flowerbeds, and gardens, including, but not limited to, grass clippings, leaves,tree limbs, bark,
garden waste, brush and small twigs, and branches not exceeding two and one-half inches (21/2")
in diameter and three and one-half feet(31/2') in length. Yard waste shall not include the
following:
A. Tree stumps, tree roots, trunks, logs, and branches that are more than two and one-half inches
(21/2") in diameter or three and one-half feet(31/2') in length.
B. Material meeting the definition of"garbage" or "refuse" as provided in this section.
C. Flower and decorative products manufactured or fabricated, or the waste byproducts incidental
to their manufacture or fabrication, which include organic materials and other nonorganic wastes
which are not practically separable. Examples of this exemption include, but are not limited to,
things such as flower arrangements, decorated potted plants, wreaths, bouquets, garlands, and
small bedding flats.
D. Metal, plastic,rock, dirt, wire, fencing, weed barriers or other underlayment, bordering
materials, stone, brick, masonry, or other inorganic material. (Ord. 4829, 8-14-2006; amd. Ord.
5075, 9-19-2011)
4-3-2: ADMINISTRATION:
A. Oversight: The public works department shall have the duty and responsibility of overseeing
the collection of garbage, refuse, recycling materials and yard waste within the corporate limits of
the city and see that all garbage, refuse, recycling materials and yard waste is disposed of in a
sanitary manner, whether by the city, by contracted entities or by private persons, in order to
protect the health of the citizens thereof
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B. Collection: The city 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 collection of garbage, refuse, recycling materials and yard waste by and in the city. (Ord.
5203, 3-3-2014)
4-3-3: SPECIAL REFUSE DISPOSAL:
A. Contagious Disease Refuse: The removal of clothing, bedding or other refuse from homes or
other places where highly infectious diseases have prevailed shall be performed under the
supervision and direction of a licensed physician and health authority. Such refuse shall not be
placed in containers for city collection.
B. Hypodermic Instruments: No person shall dispose of or discard any hypodermic syringe,
hypodermic needle or any instrument or device for making hypodermic injections before first
breaking, disassembling, destroying or otherwise rendering inoperable and incapable of reuse
such hypodermic syringe, needle, instrument or device, and without safeguarding the disposal
thereof by wrapping or securing same in a suitable manner so as to avoid the possibility of
causing injury to the collection personnel. (Ord. 4034, 8-22-1994)
C. Ashes: Ashes that are to be hauled by the city must have been wetted and cool to the touch
prior to collection. Ashes shall be placed in suitable containers of such size and weight that they
can be handled by one person.
D. Cardboard Boxes and Cartons: Prior to depositing refuse for collection in authorized
containers or receptacles or in commercial containers, the person disposing of any such boxes or
cartons or the person in charge of the premises shall collapse all cardboard boxes, cartons and
crates. (Ord. 2958, 3-27-1978)
4-3-4: DISPOSAL SERVICES PROVIDED; EXCEPTIONS:
The city shall provide, to every premises within the corporate limits of the city, disposal service
for garbage, refuse, recycling materials and yard waste, with the following exceptions:
A. Business establishments shall have a private licensed collector remove garbage and refuse.
B. Multiple dwellings shall have a private licensed collector remove garbage and refuse.
C. Hazardous materials shall not be accepted for disposal by the city or private haulers licensed
under this chapter. (Ord. 4943, 6-15-2009)
D. The city shall not provide collection and disposal of recycling materials or yard waste for
multiple dwellings or business establishments as defined in 4-3-1, but the occupants of multiple
dwellings may dispose of recycling materials and yard waste at drop-off sites maintained by the
city for that purpose.
4-3-5: COLLECTION RULES AND REGULATIONS:
A. Containers: Except as set forth in this chapter, 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, and other rules, regulations and policies for solid waste collection
shall be as set forth in the administrative policy, organization and procedures prepared by the
public works manager 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, recycling materials,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. For customers of disposal services
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provided by the city, only containers provided by the city shall be used. A customer of city
disposal services shall not alter any container, use it for any purpose other than its intended use,
or move it to a different address.
C. Container Specifications and Replacement: Containers other than those provided by the city
shall be of safe construction and design. All containers 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, or likely to cause spillage
of contents, shall be promptly replaced upon notice. If said containers, after proper notice, have
not been replaced, the public works department shall have the authority to order their
replacement. After initial delivery of a container by the city or its contractor, if a new container
is delivered, or an existing container is removed or exchanged, for reasons other than damage or
loss caused by city or its collection contractor,the customer shall pay a fee as set forth in the
solid waste fee schedule. A customer shall also be liable for the cost of a new container if the
container is destroyed or otherwise rendered unsuitable for continued use by the customer or
anyone for whom the customer is responsible. (Ord. 5203, 3-3-2014)
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 public works department. (Ord. 4482, 5-29-2001)
E. Points of Collection: Containers for refuse, recycling materials and yard waste shall be placed
for collection at ground level within three (3) feet of the curb or alley line and with unobstructed
access for automated equipment.No collection shall occur where containers cannot be reached
by collection equipment or 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. Any container not properly placed
for collection will not be emptied, and a return visit to the property to empty a container at
customer request shall incur a fee as set forth in the solid waste fee schedule. The public works
department shall have the authority to determine the proper receptacle or container location on
private property. (Ord. 5203, 3-3-2014)
F. Recycling Materials and Yard Wastes:
1. Recycling materials and yard waste shall each 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. Recycling materials and yard waste shall be disposed of in containers provided by the city
specifically for that purpose. Disposal of recycling materials or yard waste for city pick up in
other containers shall be prohibited. (Ord. 4482, 5-29-2001)
G. Authorized Collectors: No person other than the agents of the city or persons so authorized by
it pursuant to article A of this chapter shall collect or transport garbage, refuse, recycling
materials or yard waste through or upon the streets or alleys of the city. (Ord. 5075, 9-19-2011)
H. Securing Accumulations; Removal Of Same By Private Collectors: Any multiple dwelling
and any business shall have garbage and refuse collected by a private licensed collector and may
have recycling materials or yard waste hauled by a private licensed collector. This shall not
preclude the provisions of subsection F 1 of this section. All containers for collection of the
garbage, refuse, recycling materials or yard waste of any multiple dwelling or any business shall
be securely fastened in a closed position at all times, except when the container is opened for
depositing additional accumulations or when the container is being emptied by a private licensed
collector.No person other than the owner of the premises, its authorized agents, or a private
licensed collector may remove garbage, refuse, recycling materials or yard waste from any
container intended for collection of same. (Ord. 4943, 6-15-2009)
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I. Disposition Areas Established By City Council: Disposition of garbage, refuse, recycling
materials 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. (Ord. 4482, 5-29-2001)
J. Vehicle Requirements: Any person, including, but not limited to, employees or contractors 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 suitable cover of durable material
and shall keep such cover over the load carrying portion of the vehicle at all times, as necessary
to prevent waste 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. If any of the material falls off or blows off or out of the vehicle,the person
hauling the same shall promptly clean up all of such materials. (Ord. 5203, 3-3-2014)
K. Suspension of Recycling Service: Collection of recycling materials may be suspended or
delayed if the city or its contractor is unable to collect or process recycling materials due to
mechanical failures, significant weather events, or any other cause beyond the reasonable control
of the city or its contractor. In addition, the city may elect to suspend collection service to a
particular customer in the event of a delinquent account, repeated mixing of excluded materials
with recycling materials, or other cause as determined by the public works manager or designee
in the exercise of his or her reasonable discretion.
4-3-6: FEES FOR SERVICE:
A. Fees Established: The expense of solid waste disposal services as determined by the city
council shall become a charge against the owner or occupant of every dwelling unit to which
service is made available. Fees for the services described below shall be set forth in the solid
waste fee schedule.
1. Disposal of Garbage: A fixed sum per month shall be charged to all dwelling units and
shall entitle each customer to dispose of one standard garbage container per week on an
automated garbage route.A fee shall be charged for one additional thirty(30) gallon plastic
bag placed upon the lid of the garbage cart per week. The fee shall be collected by requiring
the purchase of a tag that must be affixed to the plastic bag placed out for disposal. The fee or
charge for this tag shall be as set forth in the solid waste fee schedule.
2. Disposal of Yard Waste: A fixed sum per month shall be charged to each customer
participating in the voluntary yard waste disposal program and shall entitle the customer to
dispose of a standard container of yard waste according to the ordinary collection schedule.
Yard waste shall be collected from mid-April through November each year, during at least 18
weeks as scheduled each year. There is no yard waste collection December through March.
Schedules shall be mailed to voluntary subscribers each December for the next year's service.
3. Disposal of Recycling Materials: A fixed sum per month shall be charged to each customer
participating in the voluntary recycling program and shall entitle the customer to dispose of a
standard container of recycling material on a bi-weekly basis.
4. Collection Sites: All customers will be charged a fee, as set forth in the solid waste fee
schedule, for operation of yard waste and satellite recycling sites maintained by the city,
whether or not the customer is participating in a voluntary recycling or yard waste collection
program.
5. Bulk Item Collection Services: Curbside collection of up to ten(10) large, bulky refuse
items, such as tires, appliances, furniture, bedding, etc., can be scheduled on a specific work
order form available at the public works department. No yard waste, hazardous waste,
recycling materials or garbage shall be collected. The fee or charge for this service shall be as
set forth in the solid waste fee schedule. Fabric covered items such as couches, chairs or
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mattresses shall be wrapped in plastic to prevent the spread of any possible insect infestation
(Ord. 5203, 3-3-2014)
Special environmentally restricted waste bulk items: Refrigerator, freezer, air conditioner,tires,
etc., must be disposed of by the city at a state licensed decertification business or a licensed tire
recycling business. All tags must be purchased from the city for those items to be picked up by
the city.
B. Exemptions: An individual may be granted a partial exemption to the fees and costs for
garbage and refuse collection set forth in subsection A of this section by annually making
application to the city clerk and by meeting criteria established by the finance committee of the
city council. The exemption shall be on a calendar year basis.
C. Delinquent Charges: There shall be assessed a one-time penalty of five percent(5%) if the bill
for solid waste disposal service is not paid at the time indicated on the bill.
D. Change In Fees: The city may change and adjust the solid waste disposal schedule from time
to time by resolution of the city council as it becomes necessary to be sufficient in each year for
the payment of expenses of operation and for repair, maintenance and replacement of solid waste
disposal equipment. (Ord. 4129, 9-18-1995)
E. Collection of Fees:
1. The municipal waterworks office is hereby authorized and directed to render and collect
fees or service charges for disposal services in accordance with the fees established in
subsection A of this section. The charge shall be collected with the consumer's regular
monthly and/or quarterly water and sewer bill, and shall be shown as a separate item on the
bill. The owner or manager of a dwelling unit who provides and pays for the water and sewer
consumption charges of his tenants shall also be responsible and pay for the garbage and
refuse service charges of his tenants. Collection policies shall be the same as the other city
utility services.
When a fee is six (6) months delinquent,the unpaid fee for city solid waste disposal services
shall be assessed against the property benefited, as provided for under Iowa Code section
384.84(3). Amounts collected for solid waste disposal services shall be deposited with the
city. (Ord. 4640, 9-2-2003)
2. It shall be at the discretion of the municipal waterworks office to decide on vacancies and
partial use of dwelling units in connection with monthly and/or quarterly billing amounts
pertaining to solid waste collections. (Ord. 3705, 4-2-1990; amd. 2001 Code)
4-3-7: PROHIBITED ACTS AND CONDITIONS:
A. Disposal On Public Property: It shall be unlawful for any person to deposit any garbage,
refuse, recycling materials or yard waste in any location within the city unless such refuse be
deposited as provided in this chapter.
B. Unlawful To Permit Hazardous Accumulations: It shall be unlawful for any person to permit
accumulation on any premises, improved or vacant, or any public place in the city, of any
quantities of garbage, refuse, recycling materials or yard waste, whether in containers or not,that
shall, in the opinion of code enforcement, constitute a health or sanitation hazard or nuisance.
Any quantity of garbage, refuse, recycling materials or yard waste in a container that exceeds the
capacity of the container when closed shall be deemed a nuisance and shall be subject to
abatement as provided in this chapter.
C. Rubbish And Trash Near Buildings:
1. Accumulation And Burning: Any person who shall throw, deposit or place in or about any
Ordinance No. 5521
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building or cellar or in or upon any street or alley or allow to remain in such building or cellar
or upon any such street or alley, any solid waste of any kind or character whatsoever, shall be
deemed guilty of an offense. Solid waste which has been thrown, deposited or placed in or
about any building or cellar, street, or alley in the city, or which has accumulated in such
places, including such waste materials as are placed in an appropriate container and exceed
the capacity of the container when closed, shall be deemed a nuisance and may be abated. All
open burning of solid waste shall be prohibited.
2. Burning Tires: Any tire fires on any property shall be presumed to be set by the property
owner, or if said property owner does not reside there,the occupant of the property. It shall be
the sole responsibility of the property owner or occupant to report who was responsible for
the fire if said fire was not set by said owner or occupant. (Ord. 4943, 6-15-2009)
D. Excluded Waste: It shall be a violation for any customer of the voluntary disposal program for
recycling materials to place any excluded waste in the recycling container. If a container is found
to contain excluded waste at the time of collection, the container will not be emptied until the
next scheduled collection date when the excluded waste has been removed.
4-3-8: SPECIAL EXCEPTIONS TO BURNING BAN:
A. The city, in burning trees, tree trimmings, or the like generated by the forestry department,
street department, or other city departments in their normal course of work or resulting from a
natural disaster declared as such by the city council, shall not be subject to the burning ban stated
in subsection 4-3-7C1 of this chapter. For purposes of this subsection, "trees" means all parts of a
tree or shrub, including, but not limited to, trunks, limbs, branches, stumps, and roots or root
masses. (Ord. 4829, 8-14-2006)
B. The city council shall have the authority, consistent with this section, to grant exceptions to
the ban on open burning and to allow the burning of certain vegetative matter and solid wastes
under special limited conditions. An application for exception must be filed with the city clerk's
office, reviewed by the fire department(which may consult with the leisure services and public
works departments when appropriate), and forwarded to the city council for approval. An
exception may be granted in cases when burning of native vegetation is a recognized
management technique. (Ord. 5203, 3-3-2014)
C. Said application must contain the following information and any other information deemed
appropriate by the city:
1.Name of applicant;
2. Address and telephone number of applicant;
3. Location and size of area to be burned;
4. Dates and times of burning;
5. Description of vegetation;
6. Description of management technique; and
7. Containment procedures.
A fee of fifty dollars ($50.00) must be filed with the application. In addition to the
application fee, the fire department shall charge for standby services and extinguishment of
intentionally set fires as contained in section 9-2A-12 of this code.
D. The fire department will determine for each exception whether:
1. Atmospheric conditions are proper to allow the burning;
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2. Applicable provisions of state law or regulation are complied with; and
3. Standby vehicles are needed to ensure the safety of life and property adjacent to the site.
E. Any individual who claims to be adversely affected by allowance of the exception may file a
statement with the city clerk containing information to support the claim. If the city council finds
that sufficient controversy exists regarding such application, a public hearing may be held.
F. In determining whether to grant or deny the application, the city council shall balance the
following: hardship to the applicant,the community and other persons resulting from the denial
of the exception against the adverse impact on the health, safety and welfare of persons affected,
the adverse impact on property affected, and any other adverse impacts of granting the exception.
Applicants for exceptions and persons contesting exceptions may be required to submit any
information/document reasonably required by the city council. In granting or denying an
application, the city council shall place on public file a copy of the decision and the reasons for
denying or granting the exception.
G. Exceptions shall be granted by notice to the applicant containing all necessary conditions,
including a time limit on the permitted activity. Any exception shall not become effective until
all conditions are agreed to in writing by the applicant. Noncompliance with any condition of the
exception may result in termination of the grant of exception.
H. Applications for exceptions shall be treated as an application for an initial exception.
I. Exceptions must be filed for each occurrence.
J. Appeals of an adverse decision of the city council shall be made to the district court in and for
Black Hawk County. Review of the court shall be de novo limited to whether or not the decision
is supported by substantial evidence. (Ord. 4829, 8-14-2006)
4-3-9: VIOLATION; PENALTY:
A. For any customer whose solid waste container has been found to contain excluded waste,
penalties shall be as follows for any occurrence within a given period of twenty-four(24)
months:
1. First occurrence: Notification of violation
2. Second occurrence: $50.00 fine
3. Third occurrence: $100.00 fine
4. Any subsequent occurrence: See subsection B.
In addition, if the city or its contractor discovers excluded waste after it has been collected, such
waste may be transported, handled and disposed of in accordance with applicable law, and the
customer may be charged all costs incurred due to the transportation, handling and disposal of the
excluded waste and all related actions.
B. Except as set forth in subsection A, persons violating the provisions of this chapter shall be
guilty of a municipal infraction and upon conviction thereof shall be punished in accordance with
the provisions of subsection 1-3-2C of this code. (Ord. 4441, 10-16-2000)
4-3-10: NOTICE REGARDING NUISANCE:
A. Upon receipt of a complaint or observation by code enforcement or by the public works
manager or his/her designee of a violation of this chapter, a notice shall be issued to the property
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 first such
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notice issued in any calendar year shall demand abatement of the nuisance within seven(7) days
from the date of service as evidenced on the return, or if by certified mail, from the date of
mailing. Any subsequent notices issued in the same calendar year shall demand abatement within
one day from the date of personal service or mailing as stated above. Failure of the owner to
abate the nuisance may result in the city's abating it and assessing all costs associated therewith
against the affected property. Costs associated with abating a nuisance include, but are not
limited to, landfill fees, mileage reimbursement at the standard IRS business rate use then in
effect, and the hourly rate of truck operator time (minimum 1 hour) as determined by the public
works committee of the city council from time to time.
B. Notice required herein shall be made by certified mail or by the issuing officer by personal
service as provided by applicable law, stating that the property is in violation of this chapter and
that failure of the owner, agent, and/or person in possession of said property to abate the nuisance
within the time frame set forth herein may result in the city's abating the nuisance and assessing
costs of said action against the property. If the public works manager or his/her designee, code
enforcement, or the fire or health departments declare the nuisance to be an emergency, the city
may perform any action required to abate the nuisance without 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, agent, and/or person in possession which constitutes a health,
safety, or fire hazard to anyone. (Ord. 5203, 3-3-2014)
4-3-11: PAYMENT, ASSESSMENT OF COSTS, APPEAL:
A. Fees And Charges: Upon completion of the abatement of a hazard or nuisance as provided for
herein, the city clerk shall demand payment for the costs of such abatement from the property
owner by mailing a statement of the fee to the last known address of the owner and/or person in
possession as shown by the records of the county.Notice shall be by ordinary mail. Said
statement shall be due and payable upon mailing and shall become delinquent if not paid within
ten(10) days of date of mailing the notice. Any delinquent fees and charges may be assessed
against the property for collection in the same manner as a property tax, as provided in state law.
B. Reserved.
C. Appeal: A property owner in receipt of a statement of fees and charges for an abatement who
contests the statement may file a written appeal with the city clerk within ten(10) days of the
postmarked date of the statement. An administrative filing fee of fifty dollars ($50.00)must be
paid when the appeal is filed. Failure to file the appeal and pay the administrative filing fee
within said ten(10) days shall constitute a waiver of the right to a hearing, and the statement of
fees and charges shall thereupon become final. Hearing on the appeal before the city council or
its designated committee shall be scheduled for a date within thirty(30) days of filing the appeal
and shall be scheduled for no more than thirty(30)minutes in length, or such additional time as
the city council or committee in its discretion may deem necessary. If the appellant desires
additional time, he or she must make application to the city council or committee at least seven
(7) days prior to the hearing date. The appeal hearing shall be simple and informal, without
regard to technicalities of procedure or rules regarding admissibility
of evidence. The city council
or committee may consider any evidence it considers credible, including testimony of city
employees, written summaries and other secondary sources, and give such weight to the evidence
as it considers warranted. After such hearing, the city council or committee shall determine
whether the amount of the assessment should be affirmed, reduced, or waived. Such
determination shall be contained in a written decision and shall be filed with the city clerk within
ten(10) days after the hearing, or any continued session thereof. In the event the assessment is
waived by over half, the administrative filing fee for the appeal will be refunded to the appellant.
(Ord. 4943, 6-15-2009)
ARTICLE A. PRIVATE COLLECTORS AND HAULERS
4-3A-1: COLLECTORS AUTHORIZED:
4-3A-2: PERMIT REQUIRED; INSPECTION FEE:
4-3A-3: VEHICLE REQUIREMENTS:
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Page 10
4-3A-4: RULES AND REGULATIONS:
4-3A-5: REVOCATION OF PERMIT:
4-3A-1: COLLECTORS AUTHORIZED:
All who use private collectors for the hauling of garbage, refuse, recycling material or yard waste
shall use only collectors licensed by the city as provided in this article. (Ord. 3705, 4-2-1990)
4-3A-2: PERMIT REQUIRED; INSPECTION FEE:
A. No person shall engage in the business of collecting and hauling garbage, refuse, recycling
material or yard waste in the city without first obtaining a permit from the city. The permit shall
be issued when the equipment for hauling garbage, refuse, recycling material or yard waste shall
meet the requirements of this article, such equipment shall have been inspected and an inspection
fee paid to the city. The inspection fee shall be fifty dollars ($50.00) per vehicle per year. The
license shall be valid for one year unless sooner revoked as provided in this article. All licenses
are due May 1 of each year.
B. An application for a permit shall be filed with the health department and shall contain the
following information:
1. The name and address of the applicant;
2. The vehicle to be used;
3. General information concerning the routes to be traveled and places to be served.
C. No permit issued pursuant to this article shall be transferable from one person to another, or
from one vehicle to another. (Ord. 3705, 4-2-1990)
4-3A-3: VEHICLE REQUIREMENTS:
No permit shall be issued or renewed unless the vehicles to be used have been inspected by the
health department. The vehicles must meet the following requirements:
A. Construction of the vehicles shall be such that rubbish or bulk material loaded therein or
transported thereby shall be securely contained. Trucks with open sides, such as a stake body
truck must have some type of paneling installed on the interior of the stakes to prevent the loss of
any rubbish or bulk material. Plywood or hardboard may be used to line the interior; however,
large sections of cardboard will not be acceptable.
B. All vehicles shall be equipped with a permanently attached covering over the bed of the
vehicle, or with a suitable tarpaulin. The tarpaulin must be constructed in such a manner so that
both sides and the end of the tarpaulin can be securely tied down or loaded to prevent the rubbish
or bulk material from being blown or allowed to escape.
C. All vehicles other than stake body types must be equipped with a tailgate of rigid construction
of at least one and one-half feet(11/2') in height which, when closed shall securely hold and
contain all rubbish and bulk material. Acceptable paneling as indicated above may be used in lieu
of the tailgate only on stake body vehicles.
D. Any compaction type vehicle must be equipped with a tight fitting tarpaulin or other means to
prevent rubbish or other material from being blown or allowed to escape from the hopper area.
E. All vehicles inspected and licensed under this section shall prominently display the permit
number on the upper or lower left corner of the windshield of the vehicle upon a decal to be
furnished by the health department. (Ord. 3705, 4-2-1990)
4-3A-4: RULES AND REGULATIONS:
Ordinance No. 5521
Page 11
A. Transporting Waste Materials: No person shall haul,transport or otherwise convey any
garbage, rubbish, trash, waste, building material, tree or shrubbery branches or limbs, or any
other waste material within the city unless the same is contained in covered receptacles or is
otherwise secured either to or within the vehicle so that such material does not fall off or blow
off or out of the vehicle hauling the same. In the event any of the material falls off, blows off or
out of the vehicle,the person hauling the same shall clean up all of the waste material.
B. Dumping In Authorized Places: It shall be unlawful for any person to use any lot, open space,
street or roadway in the city instead of the location provided for and established by the city
council, for the dumping or depositing of dead animal matter, garbage matter, and offensive
materials and substances, and other refuse, rubbish, recycling material or yard waste.
C. Penalty: Any person who shall violate this section or any part thereof shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be punished as provided in section 1-3-1 of
this code. (Ord. 3705, 4-2-1990)
4-3A-5: REVOCATION OF PERMIT:
Persons licensed in accordance with the provisions of this article who fail or refuse to gather and
carry away, in covered receptacles, any deposit of garbage, refuse, recycling material or yard
waste in the proper manner from any place where the same is deposited for removal by them,
may have their license revoked by the city council after a hearing before the city council. The
licensee shall have at least five (5) days'notice prior to the hearing, and an opportunity to appear
and be heard. (Ord. 3705, 4-2-1990)
INTRODUCED: November 4, 2019
PASSED 1st CONSIDERATION: November 4, 2019
WAIVED 2nd CONSIDERATION: November 4, 2019
WAIVED 3rd CONSIDERATION: November 4, 2019
PASSED AND ADOPTED by this Council this 4th day of November 2019.
f f �
Quentin Hart, Mayor
AT FEST:
11 II Il
elley Felchle '
City Clerk
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. 5521 as passed and adopted by the City
Council of the City of Waterloo, Iowa, on the 4th day of November 2019.
Witness my hand and seal of office this 4th day of November 2019.
SEAL el ey Felch e
City Clerk