Regulations governing collection service, collection vehicles, loading, frequency of collection, bulky rubbish, right of entry, contract requirements, collection fees, and liens for nonpayment of solid waste collection and disposal.
The City shall provide by contract for the collection of solid waste, except bulky rubbish as provided in Section 106.05, from residential premises only. The owners or operators of commercial, industrial or institutional premises shall provide for the collection of solid waste produced upon such premises.
Vehicles or containers used for the collection and transportation of garbage and similar putrescible waste or solid waste containing such materials shall be leakproof, durable and of easily cleanable construction. They shall be cleaned to prevent nuisances, pollution or insect breeding and shall be maintained in good repair.
(IAC, 567-104.9[455B])
Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak, or spill therefrom, and shall be covered to prevent blowing or loss of material. Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.
All solid waste shall be collected from residential premises at least once each week and from commercial, industrial and institutional premises as frequently as may be necessary, but not less than once each week.
Bulky rubbish which is too large or heavy to be collected in the normal manner of other solid waste may be collected by the collector upon request in accordance with procedures therefor established by the Council.
Solid waste collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this chapter; however, solid waste collectors shall not enter dwelling units or other residential buildings.
No person shall engage in the business of collecting, transporting, processing or disposing of solid waste from residential premises for the City without first entering into a contract with the City. This section does not prohibit an owner from transporting solid waste accumulating upon premises owned, occupied or used by such owner, provided such refuse is disposed of properly in an approved sanitary disposal project. Furthermore, a contract is not required for the removal, hauling, or disposal of earth and rock material from grading or excavation activities, provided that all such materials are conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported is spilled upon any public right-of-way.
The collection and disposal of solid waste as provided by this chapter are declared to be beneficial to the property served or eligible to be served and there shall be levied and collected fees therefor in accordance with the following:
(Goreham vs. Des Moines, 1970, 179 NW 2nd, 449)
1. Schedule of Fees. The fees for solid waste collection and disposal service, used or available, are:
A. For each residential premises – $12.00 per month
B. For each multi-housing unit – $1.00 per month, which fee shall be collected by the collector and reimbursed to the City on a monthly basis.
C. The Council may adjust collection fees by resolution.
2. Payment of Bills. All fees are due and payable under the same terms and conditions provided for payment for gas service as established in the Gas Service Rules and Regulations.
3. Exemptions. Household residents and residential property owners who are over 62 years of age and are on old age assistance or welfare relief shall be exempt from said service charge for a period of one year upon submission and approval of their application for relief by the Council. In other cases of hardship, the Council may, upon application and upon such further investigation and proof as the Council may deem proper, issue individual exemptions for a period of time, not to exceed one year. Individuals entitled to exemptions may refile said application upon expiration of said exemption.
(Ord. 324 – Mar. 05 Supp.)
The owner of the premises served and any lessee or tenant thereof are jointly and severally liable for fees for solid waste collection and disposal. Fees remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified to the County Treasurer for collection in the same manner as property taxes.
(Code of Iowa, Sec. 384.84)
