HomeMy WebLinkAbout5203-03/03/2014Prepared by James E. Walsh, Jr., City Attorney, 715 Mulberry
Street, Waterloo, IA, 50703.
ORDINANCE NO. 5203
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
AMENDING SECTION 6 OF CHAPTER 2, NUISANCES,
OF TITLE 4, PUBLIC HEALTH AND SAFETY, AND BY
AMENDING SECTIONS 2, 3, 5, 6, 8 AND 10 OF
CHAPTER 3, SOLID WASTE COLLECTION AND
DISPOSAL, OF TITLE 4, PUBLIC HEALTH AND
SAFETY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
1. That Title 4, Public Health and Safety, of the 2007 Code of
Ordinances is amended as set out herein.
2. That Section 6, Eviction Nuisance Abatement, of Chapter 2,
Nuisances, of said Title 4 is hereby stricken in its
entirety and a new Section 6 is substituted in place
thereof, as follows:
4-2-6: EVICTION NUISANCE ABATEMENT:
Upon receiving notification of an eviction from the Black
Hawk County sheriff's office, or being otherwise advised
that an eviction has occurred, the public works department
will allow an evicted party twenty-four (24) hours to claim
and/or clean up their belongings from the public right of
way. Following the initial twenty-four (24) hour period,
the public works department will allow either the evicted
party or the landlord twenty-four (24) hours to clean up
and/or remove any remaining personal belongings on the
public right of way. Following this period, should any
belongings remain on the public right of way, the public
works department may, but is not required to, clean up and
remove the belongings. If the public works department
elects to remove the evicted party's belongings, the
landlord shall be charged a one hundred dollar ($100.00)
administrative fee plus the actual costs of collection and
disposal of the property. If such charges are not paid
within sixty (60) days of the time the invoice is mailed to
the landlord, the city may have such charge assessed
against the property as provided by law. At the discretion
of the city attorney, any violation of this section may
also be pursued as a municipal infraction. Each calendar
day a violation is allowed to continue shall constitute a
separate and distinct violation.
3. That Section 2, Administration, of Chapter 3, Solid Waste
Collection and Disposal, of said Title 4 is hereby stricken
in its entirety and a new Section 2 is substituted in place
thereof, as follows:
Ordinance No. 5203
Page 2
4-3-2: ADMINISTRATION:
A. Oversight: The public works department shall have the
duty and responsibility of overseeing 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 manner, whether
by the city, by contracted entities or by private
persons, in order to protect the health of the citizens
thereof.
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, and yard waste by and in the city.
4. That Section 3, Department Finances, of Chapter 3, Solid
Waste Collection and Disposal, of said Title 4 is hereby
stricken in its entirety and a new Section 3 is substituted
in place thereof, as follows:
4-3-3: Reserved.
5. That subsections A, B, C, E and J of Section 5, Collection
Rules and Regulations, of Chapter 3, Solid Waste Collection
and Disposal, of said Title 4 are hereby stricken in their
entirety and new subsections A, B, C, E and J of said
Section 5 are substituted in place thereof, as follows,
with all other subsections of said Section 5 remaining
unmodified:
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 director of public works 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 public works
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.
C. Container Construction And Design: All receptacles and
containers as required herein shall be of safe
construction and design and shall be maintained in good
Ordinance No. 5203
Page 3
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 public works and/or health shall have
the authority to order their replacement.
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 departments of public works
and/or health shall have the authority to determine the
proper receptacle or container location on private
property.
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
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. 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.
6. That the first subparagraph of paragraph 3 of subsection A
of Section 6, Fees for Service, of Chapter 3, Solid Waste
Collection and Disposal, of said Title 4, is stricken in
its entirety and a new first subparagraph of said paragraph
3 is substituted in place thereof, as follows, with the
second subparagraph and the fee schedule said forth in said
paragraph 3 to remain unmodified:
3. Bulk Item Collection Services: Large, bulky refuse
items, such as tires, appliances, furniture,
bedding, etc., can be scheduled for city collection
at curbside on a specific work order form available
at the public works department. No yard waste,
hazardous waste or garbage shall be collected. The
Ordinance No. 5203
Page 4
fee or charge for this service is ten dollars
($10.00) per scheduled collection up to ten (10)
listed items.
7. That subsection B of Section 8, Special Exceptions to
Burning Ban, of Chapter 3, Solid Waste Collection and
Disposal, of said Title 4 is hereby stricken in its
entirety and a new subsection B of said Section 8 is
substituted in place thereof, as follows:
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.
8. That Section 10, Notice Regarding Nuisance, of Chapter 3,
Solid Waste Collection and Disposal, of said Title 4 is
hereby stricken in its entirety and a new Section 10 is
substituted in place thereof, as follows:
4-3-10: NOTICE REGARDING NUISANCE:
A. Upon receipt of a complaint or observation by code
enforcement or by the public works director 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 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
Ordinance No. 5203
Page 5
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 director 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.
INTRODUCED:
February
17, 2014
PASSED
lst CONSIDERATION:
February
17, 2014
PASSED
2nd CONSIDERATION:
February
24, 2014
PASSED
3rd CONSIDERATION:
March 3,
2014
PASSED
AND ADOPTED this 3rd
day of March, 2014.
ATTEST:
uzy S ares, CMC
City Clerk
Z
est G. Clark, Mayor
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 5203 as passed and adopted by the City Council
of the City of Waterloo, Iowa, on the 3rd day of March, 2014.
Witness my hand and seal of office this 3rd day of March,
2014.
SEAL u z y
ares, CMC
City lerk