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ORDINANCE COMMITTEE
June 8, 2009
4:45 p.m.
Council Chambers
Members present: Mayor Pro Tem Reggie Schmitt, Getty, Hart, Steve Schmitt, Welper.
Members absent: Cole, Greenwood.
Moved by Steve Schmitt, seconded by Hart that the Agenda, as proposed, be approved. Ayes:
Five. Absent: Cole, Greenwood. Motion carried.
Councilperson Reggie Schmitt reviewed proposed changes to Chapter 3, Solid Waste Collection
and Disposal of the Waterloo Code of Ordinances. Section 4-3-4, Disposal Services Provided;
Exceptions, will allow business establishments to secure a low -volume exemption from the
Waste Management Services Department by showing that the garbage and refuse disposed of by
the establishment can be accommodated by weekly disposal services provided by the city.
Section 4-3-5, Collection Rules and Regulations, (H) Securing Accumulations, provides that all
containers for collection of the garbage and refuse of any multiple dwelling or any business must
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 the private
licensed collector. No person other than the owner of the premises, its authorized agents, or a
private licensed collector can remove garbage or refuse from any container.
Section 4-4-1, Definition, adds multiple dwelling to the definition of business establishment.
Section 4-3-7, Prohibited Acts and Conditions (B) Unlawful to Permit Hazardous
Accumulations, adds code enforcement and deems as a nuisance any quantity of garbage, refuse
or yard waste in a container that exceeds the capacity of the container when closed and subject to
abatement. Subsection (C), Rubbish and Trash Near Buildings, includes waste materials that are
placed in a container and exceeds the capacity of the container when closed.
Section 4-3-10, Notice Regarding Nuisance, (A) requires a notice to be issued to the property
owner of a nuisance or hazard. The first notice requires abatement of the nuisance within seven
days from the date of service. Any subsequent notices issued in the same calendar year shall
demand abatement within one day form the date of personal service or mailing. Failure of the
owner to abate the nuisance may result in the city's abating it and assessing all costs against the
affected property. Costs associated with abating the nuisance include landfill fees, mileage
reimbursement and the hourly rate of truck operator time. Subsection (B) requires the notice to
be made by certified mail or by the issuing officer by personal service. If the Superintendent of
Waste Management Services, 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 to the property.
Section 4-3-11, Payment, Assessment of Costs, Appeal (A), states that upon completion of the
abatement the city will mail a statement of the fee to the last known address of the owner or
person of record. Notice will require payment within ten days of mailing of the notice.
Subsection (B) adds an administrative fee of $100.00 if the city is required to abate another
hazard or nuisance at the same address in the same calendar year. For each and every subsequent
abatement for the same address in the same calendar year, the administrative fee will increase by
an additional $100.00, up to a maximum administrative fee of $500.00 per abatement.
Subsection (C) Appeal, sets out the appeal process and an administrative fee of $50.00 when
filing an appeal.
It was the consensus of the council to forward these changes to next week's council agenda.
With no further business before the council, it was moved by Getty, seconded by Welper that the
meeting be adjourned at 5:00 p.m. Ayes: Five. Absent: Cole, Greenwood. Motion carried.
Nancy Eckert
City Clerk