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)

ARTICLE A. PRIVATE COLLECTORS AND HAULERS

SECTION:

4-3A-1: Collectors Authorized

4-3A-2: Permit Required; Inspection Fee

4-3A-3: Vehicle Requirements

4-3A-4: Rules And Regulations

4-3A-5: Revocation Of Permit

4-3A-1: COLLECTORS AUTHORIZED:

All who use private collectors for the hauling of garbage, refuse, recycling material or yard waste shall use only collectors licensed by the city as provided in this article. (Ord. 3705, 4-2-1990; amd. Ord. 5521, 11-4-2019)

4-3A-2: PERMIT REQUIRED; INSPECTION FEE:

   A.   No person shall engage in the business of collecting and hauling garbage, refuse, recycling material or yard waste in the city without first obtaining a permit from the city. The permit shall be issued when the equipment for hauling garbage, refuse, recycling material or yard waste shall meet the requirements of this article, such equipment shall have been inspected and an inspection fee paid to the city. The inspection fee shall be fifty dollars ($50.00) per vehicle per year. The license shall be valid for one year unless sooner revoked as provided in this article. All licenses are due May 1 of each year.

   B.   An application for a permit shall be filed with the health department and shall contain the following information:

      1.   The name and address of the applicant;

      2.   The vehicle to be used;

      3.   General information concerning the routes to be traveled and places to be served.

   C.   No permit issued pursuant to this article shall be transferable from one person to another, or from one vehicle to another. (Ord. 3705, 4-2-1990; amd. Ord. 5521, 11-4-2019)

4-3A-3: VEHICLE REQUIREMENTS:

No permit shall be issued or renewed unless the vehicles to be used have been inspected by the health department. The vehicles must meet the following requirements:

   A.   Construction of the vehicles shall be such that rubbish or bulk material loaded therein or transported thereby shall be securely contained. Trucks with open sides, such as a stake body truck must have some type of paneling installed on the interior of the stakes to prevent the loss of any rubbish or bulk material. Plywood or hardboard may be used to line the interior; however, large sections of cardboard will not be acceptable.

   B.   All vehicles shall be equipped with a permanently attached covering over the bed of the vehicle, or with a suitable tarpaulin. The tarpaulin must be constructed in such a manner so that both sides and the end of the tarpaulin can be securely tied down or loaded to prevent the rubbish or bulk material from being blown or allowed to escape.

   C.   All vehicles other than stake body types must be equipped with a tailgate of rigid construction of at least one and one-half feet (11/2') in height which, when closed shall securely hold and contain all rubbish and bulk material. Acceptable paneling as indicated above may be used in lieu of the tailgate only on stake body vehicles.

   D.   Any compaction type vehicle must be equipped with a tight fitting tarpaulin or other means to prevent rubbish or other material from being blown or allowed to escape from the hopper area.

   E.   All vehicles inspected and licensed under this section shall prominently display the permit number on the upper or lower left corner of the windshield of the vehicle upon a decal to be furnished by the health department. (Ord. 3705, 4-2-1990; amd. Ord. 5521, 11-4-2019)