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HomeMy WebLinkAbout2021-06-30-213A1 ASSESSING OF FEES OR CHARGES FOR THE COLLECTION, PROCESSING AND MARKETING OF SOLID WASTE AND RECYCLABLE MATERIALS §213A.1 Purpose. The purpose of this ordinance is to provide for the collection and disposal of fees or charges to pay for expenses incurred in the collection, processing and marketing of solid waste and recyclable materials in Waukee. §213A.2 Definitions. For use in these chapters the following terms are defined: 1. “Collector” means any person authorized to gather solid waste from public and private places pursuant to Chapter 213 of the Waukee Municipal Code. 2. “Director” means the director of the State Department of Natural Resources or any designee. (Code of Iowa, Sec. 455B.101[2b]) 3. “Discard” means to place, cause to be placed, throw, deposit or drop. (Code of Iowa, Sec. 455B.361[2]) 4. “Dwelling unit” means any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating. 5. “Garbage” means all solid and semisolid, putrescible animal and vegetable waste resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial by-products, and includes all such substances from all public and private establishments and from all residences. (IAC, 567-100.2) 6. “Landscape waste” means any vegetable or plant waste except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings. (IAC, 567-20.2[455B]) 7. “Litter” means any garbage, rubbish, trash, refuse, waste materials or debris. (Code of Iowa, Sec. 455B.361[1]) 8. “Owner” means, in addition to the record titleholder, any person residing in, renting, leasing, occupying, operating or transacting business in any premises, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several. 9. “Refuse” means putrescible and non-putrescible waste, including but not limited to garbage, rubbish, ashes, incinerator residues, street cleanings, market and industrial solid waste and sewage treatment waste in dry or semisolid form. (IAC, 567-100.2) 10. “Residential premises” means a single-family dwelling and any multiple- family dwelling up to and including two (2) separate dwelling units. 11. “Residential waste” means any refuse generated on the premises as a result of 2 residential activities. The term includes landscape waste grown on the premises or deposited thereon by the elements, but excludes garbage, tires, trade wastes and any locally recyclable goods or plastics. (IAC, 567-20.2[455B]) 12. “Rubbish” means non-putrescible solid waste consisting of combustible and non-combustible waste, such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery or litter of any kind. (IAC, 567-100.2) 13. “Sanitary disposal” means a method of treating solid waste so that it does not produce a hazard to the public health or safety or create a nuisance. (IAC, 567-100.2) 14. “Sanitary disposal project” means all facilities and appurtenances including all real and personal property connected with such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of solid waste without creating a significant hazard to the public health or safety, and which are approved by the Director. (Code of Iowa, Sec. 455B.301) 15. “Solid waste” means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste may include vehicles, as defined by subsection one of Section 321.1 of the Code of Iowa. (Code of Iowa, Sec. 455B.301) §213A.3 Sanitary Disposal Required. It is the duty of each owner to provide for the sanitary disposal of all refuse accumulating on the owner’s premises before it becomes a nuisance. Any such accumulation remaining on any premises for a period of more than seven (7) days shall be deemed a nuisance and the City may proceed to abate such nuisances in accordance with the provisions by initiating proper action in district court. §213A.4 Health and Fire Hazard. It is unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any public place, such quantities of solid waste that constitute a health, sanitation or fire hazard. §213A.5 Separation of Yard Waste Required. All yard waste shall be separated by the owner or occupant from all other solid waste accumulated on the premises and shall be composted on the premises or placed in acceptable containers. As used in this section, “yard waste” means any debris such as grass clippings, leaves, garden waste, brush and trees. Yard waste does not include tree stumps. §213A.6 Littering Prohibited. No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose. When litter is 3 discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter. (Code of Iowa, Sec. 455B.363) §213A.7 Open Dumping Prohibited. No person shall dump or deposit or permit the dumping or depositing of any solid waste on the surface of the ground or into a body or stream of water at any place other than a sanitary disposal project approved by the Director, unless a special permit to dump or deposit solid waste on land owned or leased by such person has been obtained from the Director. However, this section does not prohibit the use of dirt, stone, brick or similar inorganic material for fill, landscaping, excavation, or grading at places other than a sanitary disposal project. (Code of Iowa, Sec. 455B.307 and IAC, 567-100.2) §213A.8 Toxic and Hazardous Waste. No person shall deposit in a solid waste container or otherwise offer for collection any toxic or hazardous waste. Such materials shall be transported and disposed of as prescribed by the Director. As used in this section, “toxic and hazardous waste” means waste materials, including but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological waste, flammable or explosive materials and similar harmful waste which requires special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety. (IAC, 567-100.2) (IAC, 567-102.14[2] and 400-27.14[2]) §213A.9 Waste Storage Containers. Every person owning, managing, operating, leasing or renting any premises, dwelling unit or any place where refuse accumulates shall provide and at all times maintain in good order and repair portable containers for refuse in accordance with the following: 1. Container Specifications. Waste storage containers shall comply with the following specifications: A. Residential. Residential waste containers as provided by the contract hauler. Said container(s) shall remain the property of the hauler and shall remain at the property at all times. The property owner shall be responsible for maintaining the container in good working order and shall be responsible for the costs of replacing any container that becomes un-useable for any reason whatsoever in the hauler’s sole discretion, or is lost or stolen. B. Commercial. Every person owning, managing, operating, leasing or renting any commercial premises where an excessive amount of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers approved by the City. 4 2. Storage of Containers. Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the City to use public property for such purposes. The storage site shall be well drained; fully accessible to collection equipment, public health personnel and fire inspection personnel. All owners of residential and commercial premises shall be responsible for proper storage of all garbage and yard waste to prevent materials from being blown or scattered around neighboring yards and streets. 3. Location of Containers for Collection. Containers for the storage of solid waste awaiting collection shall be placed at the curb or alley line by the owner or occupant of the premises served. Containers or other solid waste placed at the curb line shall not be so placed more than twelve (12) hours in advance of the regularly scheduled collection day and shall be promptly removed from the curb line following collection. 4. Nonconforming Containers. Solid waste containers (other than the ones provided by the City) which are not adequate will be collected together with their contents and disposed of after due notice to the owner. Residential Waste Containers whether they be reusable, portable containers or heavy-duty disposable garbage bags, shall be of sufficient capacity, and leakproof and waterproof. The total weight of any container and contents shall not exceed fifty (50) pounds. Disposable containers shall be securely fastened, and reusable containers shall be fitted with a fly-tight lid which shall be kept in place except when depositing or removing the contents of the container. Reusable containers shall also be lightweight and of sturdy construction and shall have suitable lifting devices. §213A.10 Exclusive Disposal Site Designation. All unrecycled solid waste generated within the city shall be transported to the Metro Park West (North Dallas Landfill) unless written permission is received from the Landfill to dispose of said waste at another permitted site. May 18, 2009 – Ordinance 2646 March 22, 2010 – Ordinance 2665 §213A.11 Recycling Program. The collection of recyclable materials from residential premises shall be provided in accordance with an agreement entered into with Waste Management and in accordance with the rules and regulations of the recycling program as established by North Dallas Landfill Commission. Recyclables shall be separated by the owner or occupant from all other solid waste, shall be prepared in accordance with said rules and regulations and placed in recycling containers supplied by City of Waukee and set out for collection. 5 §213A.12 Provision for Collection. The City Council may by contract or otherwise, provide for the collection, processing and marketing of solid waste and recyclable materials in Waukee. §213A.13 Collection Charges. The fees or charges to pay for expenses incurred in the collection, processing and marketing of solid waste, and yard waste to be collected between April 1 and November 30 each year, and recyclables shall be: A.For each single family residence and a dwelling of two (2) or more, the fees will be$17.00 per month beginning July 1, 2019. B.Any multi-family dwelling containing four (4) or more units having a commercial type of container serviced by a commercial hauler must follow Waukee Municipal Code provisions relating thereto, covering the mandating of Recycling at Apartments. A fee of three dollars ($3.00) per month, per unit, will be billed by and paid to the City. C.Changes in provisions for fees set out in this ordinance may be made by resolution of the City Council. April 21, 2008 – Ordinance 2628 May 5, 2014 – Ordinance 2762 April 4, 2016 – Ordinance 2804 April 15, 2019 – Ordinance 2926 §213A.14 Collection Fees - Due Date - Penalty. All disposal and recycling fees or charges shall be due and payable monthly on the 20th day of the month. In the event any person fails to pay such fee or charge after it becomes due and payable, such fee or charge shall be considered delinquent and a penalty of one and one-half percent of such fee or charge shall be added thereto. §213A.15 Delinquent Charges - Collection and Penalties. All disposal and recycling fees or charges including penalties described under §213A.16 and §213A.17 shall constitute a lien upon the real property of the premises served until such fees or charges are paid and shall constitute a debt and obligation of the record owner(s) of the property and of the person(s) occupying such premises, to the City. Such lien and charges may be certified by the City Clerk to the County Treasurer and collection in the same manner as taxes. Any partial payments made on delinquent accounts shall be prorated to the charges on the utility bill for natural gas, water, sewer, garbage and recycling services in the same ratio as each utility charge bears to the total bill. 6 §213A.16 Violation - Penalty. Any person, firm or corporation violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not more than seven hundred fifty dollars ($750.00) or imprisonment in the County Jail for not more than thirty days. Every day of such violation shall constitute a separate offense. August 7, 1995 – Ordinance 2207 June 3, 2002 – Ordinance 2386 October 6, 2003 – Ordinance 2432 March 14, 2005 – Ordinance 2507 Chapter repealed, replaced in entirety March 20, 2006 – Ordinance 2570