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HomeMy WebLinkAbout4943-06/17/2009 (RECORDED)I IIIIIII IIIIII III ILII VIII III VIII VIII 1 ILII VIII VIII VIII ILII illi nil Doc ID: 003927890005 Type: GEN Kind: ORDINANCE Recorded: 10/07/2009 at 11:27:59 AM Fee Amt: $29.00 Pape 1 of 5 Instr# 200900010516 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER Book 1080 Pape 87193 - 87197 File2010_00007266 This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4943 AN ORDINANCE AMENDING THE 2007 WATERLOO CODE OF ORDINANCES BY REPEALING SECTION 4-3-4, DISPOSAL SERVICES PROVIDED; EXCEPTIONS; SUBSECTION (H), REMOVAL OF ACCUMULATION BY PRIVATE COLLECTORS, OF SECTION 4-3-5, COLLECTION RULES AND REGULATIONS; AND SECTION 4-3-7, PROHIBITED ACTS AND CONDITIONS; OF CHAPTER 3, SOLID WASTE COLLECTION AND DISPOSAL; REPEALING SECTION 4-4-1, DEFINITIONS OF BUSINESS ESTABLISHMENT; OF CHAPTER 4, LITTER CONTROL, OF TITLE 4, PUBLIC HEALTH & SAFETY; AND ENACTING IN LIEU THERE OF A NEW SECTION 4-3-4, DISPOSAL SERVICES PROVIDED; EXCEPTIONS; A NEW SUBSECTION (H), SECURING ACCUMULATIONS; OF SECTION 4-3-5, COLLECTION RULES AND REGULATIONS; A NEW SECTION 4-3-7, PROHIBITED ACTS AND CONDITIONS; A NEW SECTION 4-3-10, NOTICE REGARDING NUISANCE; A NEW SECTION 4-3-11, PAYMENT, ASSESSMENT OF COSTS; APPEAL; OF CHAPTER 3, SOLID WASTE COLLECTION AND DISPOSAL; A NEW SECTION 4-4-1, DEFINITIONS OF BUSINESS ESTABLISHMENT, OF CHAPTER 4, LITTER CONTROL, OF TITLE 4, PUBLIC HEALTH & SAFETY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, That Section 4-3-4, Disposal Services Provided; Exceptions; Subsection (H), Removal of Accumulation By Private Collectors, of Section 4-3-5, Collection Rules and Regulations; and Section 4-3- 7, Prohibited Acts and Conditions; of Chapter 3, Solid Waste Collection and Disposal; Repealing Section 4-4-1, Definitions of Business Establishment; of Chapter 4, Litter Control, of Title 4, Public Health & Safety; of the 2007 Code of Ordinances of the City of Waterloo, Iowa, be and the same hereby repealed in their entirety; that a new Section 4-3-4, Disposal Services Provided; Exceptions; a new Subsection (H), Securing Accumulations; of Section 4-3-5, Collection Rules and Regulations; a new Section 4-3-7, Prohibited Acts and Conditions; a new Section 4-3-10, Notice Regarding Nuisance; a new Section 4-3-11, Payment, Assessment of Costs; Appeal; of Chapter 3, Solid Waste Collection and Disposal; a new Section 4-4-1, Definitions of Business Establishment, of Chapter 4, Litter Control, of Title 4, Public Health & Safety, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, are hereby enacted in lieu thereof as follows: CHAPTER 4 LITTER CONTROL 4-3-4: DISPOSAL SERVICES PROVIDED; EXCEPTIONS: The city shall provide garbage, refuse and yard waste disposal service to every premises within the corporate limits of the city, with the following exceptions: A. Business establishments shall have a private licensed collector remove garbage and refuse, unless the establishment has first secured a low-volume exemption from the waste management services department upon a showing that the garbage and refuse disposed of by the Jr Ordinance No. 4943 Page 2 establishment can be accommodated by weekly disposal service provided by the city. A business establishment approved for an exemption shall otherwise comply with the requirements of this chapter. B. Multiple dwellings shall have a private licensed collector remove such garbage and refuse. C. Hazardous materials shall not be accepted for disposal by the city or private haulers licensed under this chapter. (Ord. 3705, 4-2-1990) 4-3-5: COLLECTION RULES AND REGULATIONS: 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 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 and refuse 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 or refuse from any container intended for collection of same. 4-3-7: PROHIBITED ACTS AND CONDITIONS: A. Disposal On Public Property: It shall be unlawful for any person to deposit any garbage, refuse and 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 or yard waste, whether in containers or not, that shall, in the opinion of the department of health or code enforcement, constitute a health or sanitation hazard or nuisance. Any quantity of garbage, refuse 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 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 boxes, paper, garbage, refuse, yard waste or other rubbish of any kind or character whatsoever, shall be deemed guilty of an offense. Boxes, papers, garbage, refuse, yard waste, or other rubbish 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 a container and exceed the capacity of the container when Ordinance No. 4943 Page 3 closed, shall be deemed a nuisance and may be abated. All open burning of garbage, refuse and yard 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. 4-3-10: NOTICE REGARDING NUISANCE: A. Upon receipt of a complaint or observation by code enforcement or by the superintendent of waste management services 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 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 (1) 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 including 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 one 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 superintendent of waste management services 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. 4-3-11: PAYMENT, ASSESSMENT OF COSTS, APPEAL: A. 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. Ordinance No. 4943 Page 4 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. If the city is required to abate another hazard or nuisance at the same street address in the same calendar year, an administrative fee of one hundred dollars ($100.00) will be charged to the property owner in addition to the actual cost of abatement. For each and every subsequent abatement for the same street address in the same calendar year, the administrative fee will increase by an additional one hundred dollars ($100.00), up to a maximum administrative fee of five hundred dollars ($500.00) per abatement. 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 of 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. 4-4-1: DEFINITIONS: BUSINESS ESTABLISHMENT: Any retail, manufacturing, wholesale, institutional, religious, governmental or other nonresidential establishment, or a multiple dwelling as defined in section 4-3- 1, at which garbage or trash may be generated. Ordinance No. 4943 Page 5 INTRODUCED: June 15, 2009 PASSED 1St CONSIDERATION: June 15, 2009 PASSED 2nd CONSIDERATION: June 15, 2009 PASSED 3rd CONSIDERATION: June 15, 2009 PASSED AND ADOPTED bythe City Council of the City of Waterloo, Iowa, on the 15t day of June, 2009, and approved by the Mayor on the 17th day of June, 2009. Tim Hurley, Mayor ATTEST: lu Nancy Eck , CMC City Clerxj 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. 4943 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 15th day of June, 2009. Witness my hand and seal of office this 17th day of June, 2009. SEAL ' ��, Nancy Ec CMC City Cle k