4-3-5: COLLECTION RULES AND REGULATIONS:

   A.   Containers: Except as set forth in this chapter, 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, and other rules, regulations and policies for solid waste collection shall be as set forth in the administrative policy, organization and procedures prepared by the public works manager 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, recycling materials, 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. For customers of disposal services provided by the city, only containers provided by the city shall be used. A customer of city disposal services shall not alter any container, use it for any purpose other than its intended use, or move it to a different address.

   C.   Container Specifications And Replacement: Containers other than those provided by the city shall be of safe construction and design. All containers shall be maintained in good 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, or likely to cause spillage of contents, shall be promptly replaced upon notice. If said containers, after proper notice, have not been replaced, the public works department shall have the authority to order their replacement. After initial delivery of a container by the city or its contractor, if a new container is delivered, or an existing container is removed or exchanged, for reasons other than damage or loss caused by city or its collection contractor, the customer shall pay a fee as set forth in the solid waste fee schedule. A customer shall also be liable for the cost of a new container if the container is destroyed or otherwise rendered unsuitable for continued use by the customer or anyone for whom the customer is responsible.

   D.   Loading And Unloading Areas: All loading and unloading areas shall be provided with refuse receptacles for loose debris, paper, packaging materials and other trash. The number of containers necessary for each area shall be as required to maintain clean, neat and sanitary premises as directed by the public works department.

   E.   Points Of Collection: Containers for refuse, recycling materials and yard waste shall be placed for collection at ground level within three (3) feet of the curb or alley line and with unobstructed access for automated equipment. No collection shall occur where containers cannot be reached by collection equipment or 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. Any container not properly placed for collection will not be emptied, and a return visit to the property to empty a container at customer request shall incur a fee as set forth in the solid waste fee schedule. The public works department shall have the authority to determine the proper receptacle or container location on private property.

   F.   Recycling Materials And Yard Wastes:

      1.   Recycling materials and yard waste shall each be separated from all other wastes by the owner, occupant or agent of all premises in the city. Specific requirements for disposal shall be as set forth in this chapter and the administrative policies referred to in subsection A of this section.

      2.   Recycling materials and yard waste shall be disposed of in containers provided by the city specifically for that purpose. Disposal of recycling materials or yard waste for city pick up in other containers shall be prohibited.

   G.   Authorized Collectors: No person other than the agents of the city or persons so authorized by it pursuant to article A of this chapter shall collect or transport garbage, refuse, recycling materials or yard waste through or upon the streets or alleys of the city.

   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 recycling materials or yard waste hauled by a private licensed collector. This shall not preclude the provisions of subsection F1 of this section. All containers for collection of the garbage, refuse, recycling materials or yard waste 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, refuse, recycling materials or yard waste fromany container intended for collection of same.

   I.   Disposition Areas Established By City Council: Disposition of garbage, refuse, recycling materials and yard waste shall be in areas designated by the council. Disposition of solid construction rubble such as concrete, brick, stone, sand or dirt, shall be in areas approved by the city as set forth in article B of this chapter.

   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 suitable cover of durable material and shall keep such cover over the load carrying portion of the vehicle at all times, as necessary to prevent waste 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.

   K.   Suspension Of Recycling Service: Collection of recycling materials may be suspended or delayed if the city or its contractor is unable to collect or process recycling materials due to mechanical failures, significant weather events, or any other cause beyond the reasonable control of the city or its contractor. In addition, the city may elect to suspend collection service to a particular customer in the event of a delinquent account, repeated mixing of excluded materials with recycling materials, or other cause as determined by the public works manager or designee in the exercise of his or her reasonable discretion. (Ord. 4482, 5-29-2001; amd. Ord. 4943, 6-15-2009; Ord. 5075, 9-19-2011;Ord. 5203, 3-3-2014; Ord. 5521, 11-4-2019)

4-3-6: FEES FOR SERVICE:

   A.   Fees Established: The expense of solid waste disposal services as determined by the city council shall become a charge against the owner or occupant of every dwelling unit to whom service is made available. Fees for the services described below shall be set forth in the solid waste fee schedule.

      1.   Disposal Of Garbage: A fixed sum per month shall be charged to all dwelling units and shall entitle each customer to dispose of one (1) standard garbage container per week on an automated garbage route. A fee shall be charged for one (1) additional thirty (30) gallon plastic bag placed upon the lid of the garbage cart per week. The fee shall be collected by requiring the purchase of a tag that must be affixed to the plastic bag placed out for disposal. The fee or charge for this tag shall be as set forth in the solid waste fee schedule.

      2.   Disposal Of Yard Waste: A fixed sum per month shall be charged to each customer participating in the voluntary yard waste disposal program and shall entitle the customer to dispose of a standard container of yard waste according to the ordinary collection schedule. Yard waste shall be collected from mid-April through November each year, during at least eighteen (18) weeks as scheduled each year. There is no yard waste collection December through March. Schedules shall be mailed to voluntary subscribers each December for the next year’s service.

      3.   Disposal Of Recycling Materials: A fixed sum per month shall be charged to each customer participating in the voluntary recycling program and shall entitle the customer to dispose of a standard container of recycling material on a bi-weekly basis.

      4.   Collection Sites: All customers will be charged a fee, as set forth in the solid waste fee schedule, for operation of yard waste and satellite recycling sites maintained by the city, whether or not the customer is participating in a voluntary recycling or yard waste collection program.

      5.   Bulk Item Collection Services: Curbside collection of up to ten (10) large, bulky refuse items, such as tires, appliances, furniture, bedding, etc., can be scheduled on a specific work order form available at the public works department. No yard waste, hazardous waste, recycling materials or garbage shall be collected. The fee or charge for this service shall be as set forth in the solid waste fee schedule. Fabric covered items such as couches, chairs or mattresses shall be wrapped in plastic to prevent the spread of any possible insect infestation.

   Special environmentally restricted waste bulk items: Refrigerator, freezer, air conditioner, tires, etc., must be disposed of by the city at a state licensed decertification business or a licensed tire recycling business. All tags must be purchased from the city for those items to be picked up by the city.

   B.   Exemptions: An individual may be granted a partial exemption to the fees and costs for garbage and refuse collection set forth in subsection A of this section by annually making application to the city clerk and by meeting criteria established by the finance committee of the city council. The exemption shall be on a calendar year basis.

   C.   Delinquent Charges: There shall be assessed a one-time penalty of five percent (5%) if the bill for solid waste disposal service is not paid at the time indicated on the bill.

   D.   Change In Fees: The city may change and adjust the solid waste disposal schedule from time to time by resolution of the city council as it becomes necessary to be sufficient in each year for the payment of expenses of operation and for repair, maintenance and replacement of solid waste disposal equipment.

   E.   Collection Of Fees:

      1.   The municipal waterworks office is hereby authorized and directed to render and collect fees or service charges for disposal services in accordance with the fees established in subsection A of this section. The charge shall be collected with the consumer's regular monthly and/or quarterly water and sewer bill, and shall be shown as a separate item on the bill. The owner or manager of a dwelling unit who provides and pays for the water and sewer consumption charges of his tenants shall also be responsible and pay for the garbage and refuse service charges of his tenants. Collection policies shall be the same as the other city utility services.

   When a fee is six (6) months delinquent, the unpaid fee for city solid waste disposal services shall be assessed against the property benefitted, as provided for under Iowa Code section 384.84(3). Amounts collected for solid waste disposal services shall be deposited with the city.

   2.   It shall be at the discretion of the municipal waterworks office to decide on vacancies and partial use of dwelling units in connection with monthly and/or quarterly billing amounts pertaining to solid waste collections. (Ord. 3705, 4-2-1990; amd. Ord. 4129, 9-18-1995; 2001 Code; Ord. 4640, 9-2-2003; Ord. 4687, 4-19-2004; Ord. 5203, 3-3-2014; Ord. 5521, 11-4-2019)

4-3-7: PROHIBITED ACTS AND CONDITIONS:

   A.   Disposal On Public Property: It shall be unlawful for any person to deposit any garbage, refuse, recycling materials or 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, recycling materials or yard waste, whether in containers or not, that shall, in the opinion of code enforcement, constitute a health or sanitation hazard or nuisance. Any quantity of garbage, refuse, recycling materials 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 solid waste of any kind or character whatsoever, shall be deemed guilty of an offense. Solid waste 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 an appropriate container and exceed the capacity of the container when closed, shall be deemed a nuisance and may be abated. All open burning of solid 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.

   D.   Excluded Waste: It shall be a violation for any customer of the voluntary disposal program for recycling materials to place any excluded waste in the recycling container. If a container is found to contain excluded waste at the time of collection, the container will not be emptied until the next scheduled collection date when the excluded waste has been removed. (Ord. 4943, 6-15-2009; amd. Ord. 5521, 11-4-2019)

4-3-8: SPECIAL EXCEPTIONS TO BURNING BAN:

   A.   The city, in burning trees, tree trimmings, or the like generated by the forestry department, street department, or other city departments in their normal course of work or resulting from a natural disaster declared as such by the city council, shall not be subject to the burning ban stated in subsection 4-3-7C1 of this chapter. For purposes of this subsection, "trees" means all parts of a tree or shrub, including, but not limited to, trunks, limbs, branches, stumps, and roots or root masses.

   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.

   C.   Said application must contain the following information and any other information deemed appropriate by the city:

      1.   Name of applicant;

      2.   Address and telephone number of applicant;

      3.   Location and size of area to be burned;

      4.   Dates and times of burning;

      5.   Description of vegetation;

      6.   Description of management technique; and

      7.   Containment procedures.

A fee of fifty dollars ($50.00) must be filed with the application. In addition to the application fee, the fire department shall charge for standby services and extinguishment of intentionally set fires as contained in section 9-2A-12 of this code.

   D.   The fire department will determine for each exception whether:

      1.   Atmospheric conditions are proper to allow the burning;

      2.   Applicable provisions of state law or regulation are complied with; and

      3.   Standby vehicles are needed to ensure the safety of life and property adjacent to the site.

   E.   Any individual who claims to be adversely affected by allowance of the exception may file a statement with the city clerk containing information to support the claim. If the city council finds that sufficient controversy exists regarding such application, a public hearing may be held.

   F.   In determining whether to grant or deny the application, the city council shall balance the following: hardship to the applicant, the community and other persons resulting from the denial of the exception against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions and persons contesting exceptions may be required to submit any information/document reasonably required by the city council. In granting or denying an application, the city council shall place on public file a copy of the decision and the reasons for denying or granting the exception.

   G.   Exceptions shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. Any exception shall not become effective until all conditions are agreed to in writing by the applicant. Noncompliance with any condition of the exception may result in termination of the grant of exception.

   H.   Applications for exceptions shall be treated as an application for an initial exception.

   I.   Exceptions must be filed for each occurrence.

   J.   Appeals of an adverse decision of the city council shall be made to the district court in and for Black Hawk County. Review of the court shall be de novo limited to whether or not the decision is supported by substantial evidence. (Ord. 4829, 8-14-2006; amd. Ord. 5203, 3-3-2014; Ord. 5521, 11-4-2019)

4-3-9: VIOLATION; PENALTY:

   A.   For any customer whose solid waste container has been found to contain excluded waste, penalties shall be as follows for any occurrence within a given period of twenty-four (24) months:

      1.   First occurrence: Notification of violation.

      2.   Second occurrence: Fifty dollar ($50.00) fine.

      3.   Third occurrence: One hundred dollar ($100.00) fine.

      4.   Any subsequent occurrence: See subsection B.

   In addition, if the city or its contractor discovers excluded waste after it has been collected, such waste may be transported, handled and disposed of in accordance with applicable law, and the customer may be charged all costs incurred due to the transportation, handling and disposal of the excluded waste and all related actions.

   B.   Except as set forth in subsection A, persons violating the provisions of this chapter shall be guilty of a municipal infraction and upon conviction thereof shall be punished in accordance with the provisions of subsection 1-3-2C of this code. (Ord. 4441, 10-16-2000; amd. Ord. 5521, 11-4-2019)

4-3-10: NOTICE REGARDING NUISANCE:

   A.   Upon receipt of a complaint or observation by code enforcement or by the public works manager 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 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 manager 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. (Ord. 5203, 3-3-2014; amd. Ord. 5521, 11-4-2019)

4-3-11: PAYMENT, ASSESSMENT OF COSTS, APPEAL:

   A.   Fees And Charges: 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. 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.   Reserved.

   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 or 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. (Ord. 4943, 6-15-2009; amd. Ord. 5521, 11-4-2019)