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This section governs the terms of City provided residential and commercial/ industrial service.
1. Mandatory Service. The owner or occupant of every property shall dispose of covered solid waste by City provided collection and disposal service, or, if a self-hauler, ensure that the disposal of covered solid waste is carried out in an environmentally suitable manner.
A. City May Promulgate Regulations. The City may from time to time establish regulations governing the size and type of containers, requirements for maintenance of cans, limitation of materials and placement for collection applicable within one or more solid waste zones. The City may from time to time establish regulations providing that certain classes of property or waste shall be handled as nonresidential waste, or shall be subject to special collection and disposal requirements.
B. Recycling Regulations. The City may from time to time establish regulations governing recycling for residential and commercial/industrial waste generators.
2. Minimum Required City Service. The City may establish a minimum level of City provided service for residential and nonresidential properties for each district. The City may establish the amount and frequency of service which will be received by users within the district in return for the minimum service charge.
A. Minimum Service Fee. The City may establish a minimum service fee payable in a Solid Waste Zone. The fee may vary within the zone according to location, type of residence, classification of property, volume of covered solid waste, or other relevant factors.
B. Billing. Any service fee payable to the City shall be billed in a manner established by resolution of the Council.
C. Fees for Services Beyond Minimum Required Service. Haulers in any zone may offer services beyond the minimum level of service required by the City. Fees for such service may be negotiated between the hauler and the individual customer.
If an owner or any person obligated to pay a service fee owed to the City fails to pay the fee in the manner prescribed, the City, for itself or on behalf of its contractors, may recover unpaid fees due under this chapter in any manner authorized by law, including, but not limited to, the following:
1. Certification to the County Treasurer. All rates or charges for solid waste collection services owed to the City, if not paid as provided by this chapter, shall be a lien upon the property or premises served by any of these services, upon certification to the County Treasurer that the rates or charges are due, pursuant to the provisions of Chapter 384.84 of the Code of Iowa.
2. Civil Action. In addition to each and every other remedy available to the City, unpaid service fees, penalties and interest may be recovered in a civil action in the name of the City or its Contractor(s).
In the event that court of competent jurisdiction determines that any provision of this chapter, including any of the service options included in this chapter, are unlawful or unauthorized by law, this chapter shall nonetheless survive, and the City shall select service options from the remaining options. If any court of competent jurisdiction shall rule that the application of any provision of this chapter is invalid to a particular person or property, such judgment shall not affect the application of said provision to any other person or property not specifically included in the judgment.
The regulations contained in this section govern violations or threatened violations and provide mechanisms for the City to use in attaining compliance with this chapter.
1. Any person, firm or corporation who violates any of the provisions of this chapter, or who fails, neglects or refuses to comply with the provisions of this chapter, or who knowingly makes any false statement in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor. Each day that a violation occurs will constitute a separate offense.
2. In the event of a violation or a threatened violation of this chapter, the City, in addition to other remedies, may institute appropriate action or proceedings to prevent, prosecute, restrain or abate such violation(s) or threatened violation(s), and it shall be the duty of the City Attorney to commence such action.
Appendix A to Chapter 105
Residential Collection Zones
Zone 1
Beginning at intersection of 6th Street and Main Street; thence northerly along Main Street to Randall Road; then following the degree of curve of Main Street to its intersection with Grant Road near Lakewood Drive; thence north on Grant Road to 30th Street; thence easterly along 30th Street to a point where 30th Street intersects with the extended line of Monterey Drive; thence south along said extended line of Monterey Drive to the intersection of 8th Street; thence westerly along 8th Street to the intersection of Grant Road; thence continuing northwesterly on 8th Street to East Street; thence southwesterly along East Street to 6th Street, thence northwesterly along 6th Street to the point of beginning at Main Street.
Zone 2
Beginning at a point at the intersection of Grant Road and 1st Street; thence westerly along 1st Street to its intersection with East Street; thence northerly along East Street to 8th Street; thence easterly along the extended line of 8th Street to Grant Road; thence south on Grant Road to 1st Street to the point of beginning.
Zone 3
Beginning at the intersection of Grant Road and 1st Street; thence south on Grant Road to Pleasant Ridge Road; thence west on Pleasant Ridge Road to Highway 71; thence north on Highway 71 to West Anthony Street; thence east on West Anthony Street to Peeble Lane; thence following Peeble Lane to its intersection with Main Street; thence north on Main Street to Bluff Street; thence east on Bluff Street to Walnut Street; thence north on Walnut Street to 1st Street; thence east on 1st Street to Grant Road to the point of beginning.
Zone 4
Beginning at the intersection of 6th and East Street; thence following 6th Street westerly to Highway 71; thence south along Highway 71 to the point of intersection with the extended line of Bluff Street; thence bearing easterly along said line of Bluff Street to Walnut Street; thence northerly on Walnut Street to 1st Street; thence westerly on 1st Street to East Street; thence northerly on East Street to 6th Street to the point of beginning.
Zone 5
Beginning at the intersection of 4th Street and Highway 71; thence westerly along 4th Street to Washington Street; thence north on Washington Street to 6th Street; thence east on 6th Street to Highway 71; thence south on Highway 71 to the point of beginning.
Zone 6
Beginning at the intersection of Highway 30 and Quint Avenue; thence northwesterly along Highway 30 to Highway 71; thence north on Highway 71 to 21st Street; thence east on 21st Street to North West Street; thence south on North West Street to 18th Street; thence west on 18th Street to Terrace Drive; thence south on Terrace Drive to 17th Street; thence continuing south on Simon Avenue to 15th Street; thence west on 15th Street to Quint Avenue; thence southerly on Quint Avenue to Highway 30, to the point of beginning.
Zone 7
Beginning at the intersection of Highway 30 and Main Street; thence westerly along Highway 30 to Quint Avenue; thence northerly on Quint Avenue to 15th Street; thence east on 15th Street to Simon Avenue; thence north on Simon Avenue to 17th Street; thence continuing north on Terrace Drive to 18th Street; thence east on 18th Street to North West Street; thence north on North West Street to Randall Road; thence easterly on Randall Road to Main Street; thence southerly on Main Street to Highway 30, to the point of beginning.
Appendix B to Chapter 105
Commercial and Industrial Zone
The entire City is hereby adopted as the single Commercial and Industrial Zone.