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Home My WebLink About1993-06-08 Ordinance 0U' \ ,1,,' ',.,.-.>., . *\ ',.~: ; ',., \~l" ""." \ ; ':"~':;','.~:. \"",.;'.., , ,', ,.'71, ", '-t-", "f+/ ", ,:1 ,"- ,,':,' .. "",,' " ''',~ 1/..' 1"'-"" .'..." . \. '"I, :~: :'<:;.j~;':~'"/l'(,~,~:.' :'..\., ~;,,, .. ~;'.':': ; ,,:" '>.:,\ . ',:' ~ ': ;" ' '('.,' rn./~ ORDINANCE NO. 93-3577 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE LAND USE REGULATIONS OF APPROXIMATELY 71.05 ACRES OF LAND LOCATED NORTH OF ROHRET ROAD BETWEEN HUNTERS RUN AND SOUTHWEST ESTATES SUBDIVISIONS FROM ID.RS, INTERIM DEVELOPMENT SINGLE.FAMIL Y RESIDENTIAL, TO AS.S, LOW DENSITY SINGLE.FAMIL Y RESIDENTIAL. WHEREAS, the applicant, Kennedy- Hilgenberg Enterprises, has requested that the City rezone approximately 71.05 acres of land located north of Aohret Road between Hunters Run and Southwest Estates Subdivisions from ID,RS, Interim Development Slngle,Famlly Residential, to RS-5, low Density Single-Family Residential; and WHEREAS, developmenl of the subject tract at this time is considered out-of'sequence under the residential development sequence schedule of the 1989 Comprehensive Plan Update; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting the applicant's rezoning request, over and above existing regulations, to salisfy public needs directly caused by the requested change; and WHEREAS, the Public Works Department has determined that development of the subject tract will require an upgrade of the Wests Ide Trunk Sewer; and WHEREAS, the applicant has agreed to develop this area in accordance with the terms and conditions of the Conditional Zoning Agreement, allached hereto and made a part hereof by this reference; and WHEREAS, the applicant acknowledges that the terms and conditions contained In the Conditional Zoning Agreement are reasonable to Impose on the land under Iowa Code g41405 (1991) and salisfy public needs directly caused by the requested zoning change. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVALo Subject to the terms and condillons of the atlached Conditional Zoning Agreement as aulhorlzed by g41405, Code of Iowa (1991), the property described I I l"gS , , , ~:~:':o::,':l1/:-,";~(:jCJ::: ,:,..',.,,' ",,': ::,:" :<<' . ' " , ..,," 'r" "!}'T/ ,IUf. ' , ", , " ",' , :'. : ;"),.;;/:"d . ~~~;,\!:.' ,'1:1,,,\ '1,1, ",'.' :," " . '.'.~ . _ '" Ordinance No. q1-1177 Page 2 below Is hereby reclassffled from Ks present class~lcatlon of IO-RS, Interim Development Single-Fam~y Residential, to RS-5, Low OensUy Single-Family Residential; Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence NOO'53'42'E, 374,89 feel along the west line of the Southwest Quarter of said Section 18 to a point on the centerline of Rohrel Road and the point of beginning, Thence NOO'53'42'E, 2265.59 feet along said west line, said line also being the easterly line of Southwest Estates, Parts 1 through 4, to the Northwest Corner of the Southwest Quarter of said Section 18; thence N01'06'12"E, 616.40 feet along the west line of the Northwest Quarter of said Secllon 18; thence SB9'23'40"E, 1541002 feet; thence SOO'19'07"W, 595.28 feet to a point on the north line of HunterOs Run Subdivision; thence SB9'47'32"W, 223,35 feet to the Northwesterly Corner of Hunter's Run Subdivision; thence SOI'23'49'W, along the west line of Hunter's Run Subdivision 1961.15 feelto a point on the centerline of Rohret Road; thence S77'02'16'W along said centerline 1197.92 feet; thence southwesterly 152043 feet along said centerline on a 1910.00 foot radius curve, concave southeasterly, whose 152,36 foot chord bears S74'45'07'W to the point of beglnnlngo Said tract of land contains 8503 acres, more or less, and Is subject to easements and restrictions of record, and excluding the following: Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 West of the Filth Principal Meridian, thence NOO'53'42"E, along the west line of the Southwest Quarter 374.89 feel to a point on the centerline 01 Rohret Road; thence Northeasterly 152.43 feet, along said centerline on a 1910000 foot radius curve, concave southeasterly, whose 152036 foot chord bears N74'45'07'E; thence N77'02016"E, 221.44 feel along said centerline to the point of beginning; thence N12'57'44"W, 135039 feet; thence N02'17'44'W, 16D.43 feet; thence NOO'53'42'E, 749006 feet along a line parallel I i r i /~t5 - --- .......- _.--- -.. - .... -- ,.-~---......-,--- - --:""....... r 'IF '" ',. .~....: ,,'t'tl" :,,' ~" "'5tI-'~ _:,,,:,;~:,,";,,'" ;,;.';',,':' :.,., . \' ,. . I ......., '. " . . L" ''';''"",,,''o, .~"^<\~;:; " '::1 j ..,'\. ;"".,:.',..:.:.' ,'~'.,' f :. I ,,-="', \,........~ ~ ~ 'II ... . . ,1" ," _, "',.' I, ". . 1 r;',:",', '. "~'~',' , 'I . ." . .' . Ordinance Noo 93-3577 Page 3 \ with the west line of the Southwest Quarter; thence S89'31'00"E, 675.85 feet; thence S01'23'49"W, 412.19 feet; thence S24'08'31 oW, 147059 feet; thence S13'13'45"W, 109.01 feet; thence SOI'42'03'E, 109.10 feet; thence SI2'37'44'E, 141.32 feet to a point on the centerline of Rohret Road; thence Sn'02'16"W, 606075 feet along said centerline to the point of beglnnlngo Said tract of land contains 14.25 acres, more or less, and Is subject to easements and restrictions of recordo SECTION II. ZONING MAP. The Building Inspector Is hereby authorized and directed to change the Zoning Map of the City of Iowa Cny, Iowa, to conform to this amendment upon final passage, approval, and publication of this Ordinance as provided by law. SECTION III, CERTIFICATION AND RECORDING. The Mayor Is hereby authorized and directed to sign, and the City Clelk to attest the Condnlonal Zoning Agreement between the owners of the property and the City, and to certify a copy of this Ordinance and Conditional Zoning Agreement for recordation in the Johnson County Recorder's Ollice, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances In conflict with the provisions of this Ordinance are hereby repealedo SECTION V. SEVERABILITY. II any seclion, provision or part of the Ordinance shall be adjudged to be Invalid or unconslltutional, such adjudication shall not attect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged Invalid or unconstitutional. SECTION VI. EFFECTIVE DATEo This Ordinance shall be In efiect after Its final passage, approval and publication as required by law. I I l~t5 "...... --...,.....-----....--..... __ ~T ,',:. ,- ,'", ,,',,' -'(" -",' " ",' , , ""i;J-' t~/' ", ~ ' 'f I " ',,".: ' " ' , . ' .' " ,'1" .. ,,' I ,',," -,'" ,~;,' " '. .n I"'" ", 'I ;"';!:' . ,,',: ,., ,': ..!. :',' .' , ': ',',l', T' ....= ....\..... ......... '." " "l ." ,.' : " l. ' '" ~, , J' ':' L, l' .' " . J. " Ordinance No. q 1-1 S 77 Page 4 u'''''' d., of ,,", MAYOR ~ ATTEST: ~ -II. .J!a.tA) CI LERK I I Fill- ,/q 3 /~g5 - "~'l 'tf'...... \ ..........- V""' - - ".-----.. ~-- .... r "-y - - '..........,..,--.... ,.--- .... .... --,..---~ ",' "-,",,, ,,'~ ,'. ::,,:,~-:' :: ,; I",,'., ~ ':':'::" ,"::--:'~,\,:-:,..; '"' .~:. t':I" 'I" '" ' '" p' . ',' ..' " I:.: ' I '. : .' " " :" 'I," , I : _ ~ ~'.:: _ ~ ' ' ." 1__ ....... "I . .. . ,- '-'-, '.' -. ,.' It was moved by HcDonald and seconded by HorOldtz as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: --K- - Ambrisco x Courtney - - X Horowitz - - x Kubby - - - - -X- - McDonald -X- - Novick First Consideration Vote for passage: Courtney. NAYS: None. 5/11/93 AYES: Horowitz, ABSENT: None. Kubby, HcDonald, NoviCk,Ambrisco, Second Consideration Vote for passage: ----------------------- Date published 6/16/93 Hoved by HcDonald, , seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consid- eration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Courtney, HoroWitz, Kubby, HcDonald, Novick, Ambrisco. NAYS: None. ABSENT: None. /~85 , - ....'......~..... y-'-- .. .. ..----,.-..,,- -.- .,....-----..-----r---.......-,~ .. ...--.,.------.-- ",;'\ '~~I:""/:l~I':,o:,l'Zi':' .. ,;01:. :,,:,: ' ':",' :-:'::'::':':'.':-<." .:. '~"""'V "':Gl''''''lt~. "\""..,, , ..'" :'" ~ :.:,~~Pjf.;~,:,~t~.~:: .:\' :~~,',' ~ '::~~< "'.' > ,,:,'; . _ : ;', 1\ ,~~,,""',' ~..: /.\'. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between Kennedy-Hilgenberg Enterprises (hereInafter "Owner"), and the City of Iowa City, a Municipal Corporation (hereinafter "City"). WHEREAS, Owner has requested the City to rezone approximately 71.05 acres of land located north of Rohret Road between Hunters Run and Southwest Estates Subdivisions from ID-RS, Interim Development Single-Family Residential, to RS-5 Low Density Single-Family Residential; and WHEREAS, Iowa Code g 414.5 (1991) provides that the City of Iowa City may Impose reasonable conditions on granting Owner's rezoning request, over and above existing regulations, In order to satisfy public need directly caused by the request change; and WHEREAS, the 1989 Update of the Comprehensive Plan considers development of the subject area as out-of-sequence; and WHEREAS, the Public Works Department has determined that development of this area will require an upgrade of the Westslde Trunk Sewer. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Kennedy-Hilgenberg Enterprises Is the owner and legal title holder of an approximately 71.05 acre tract of land located north of Rohret Road between Hunters Run and Southwest Estates Subdivisions, more particularly described as follows: \ Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence NOO'53'42"E, 374.89 feet along the west line of the Southwest Quarter of said Section 1 8 to a point on the centerline of Rohret Road and the point of beginning. Thence NOO'53'42"E, 2265059 feet along said west line, said line also being the' easterly line of Southwest Estates, Parts 1 through 4, to the Northwest Corner of the Southwest Quarter of said Section 18; thence N01 '06'12"E, 616.40 feet along the west line of the Northwest Quarter of said Section 1 8; thence S89'23'40"E, 1541.02 feet; thence S00'19'07''W, 595.28 feet to a point on the north line of Hunter's Run Subdivision; thence S89'47'32''W, 223035 feet to the Northwesterly Corner of Hunter's Run Subdivision; thence S01'23'49'W, along the west line of Hunter's Run Subdivision 1961015 feet to a point on the centerline of Rohret Road; thence S77'02'16''W along said centerline 1197.92 feet; thence southwesterly 152.43 feet along said centerline on a 1910.00 foot radius curve, concave southeasterly, whose 152.36 foot chord bears S74'45'07''W to the point of beglnnlngo Said tract of land contains 8503 acres, more or less, and Is subject to easements and restrictions of record, and excluding the following: i I Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian, thence NOO'53'42"E, along the west line of the Southwest Quarter 374089 feet to a point on the l~t5 -...-:~".... "... --" V'"""- - r ---------..-~_ ....r ., __ _ _ . _......... _ _ __ ~_ -- ~-.,. -:" r -.- ---.-.,.. ....------ I.,.:'>:~,.....:, ';f~' '!:~'" ',.-..' ,"'\. .,~', <:'.\........,,;~., , '".~', ",Wo. ..[D, , , ,;zj" , " '''" ..' , ~\...;.:ff",,~:?::,~ r~ I I;',..' :~:71);;., 'i:.::g; ':'.: :-':., " ....1..: '1:: ';<' ':,".<. '. ". ~ '", .~~{~. ..J j'."" .........,. ,1.~1 '. /,'." (, t.. . . I, " " , ".'> -". ' I. '.:' , ...... "'.: 2 centerline of Rohret Road; thence Northeasterly 152.43 feet, along said centerline on a 1910.00 foot radius curve, concave southeasterly, whose 152.36 foot chord bears N74'45'07'E; thence N77'02'16'E, 221.44 feet along said centerline to the point of beginning; thence N12'57'44'W, 135039 feet; thence N02'17'44'W, 160.43 feet; thence NOO'53'42'E, 749.06 feet along a line parallel with the west line of the Southwest Quarter; thence S89'31 'OO'E, 675.85 feet; thence S01 '23'49'W, 412.19 feet; thence S24'08'31'W, 147.59 feet; thence S13'13'45"W, 109.01 feet; thence S01'42'03'E, 109.10 feet; thence S12'37'44'E, 141032 feet to a point on the centerline of Rohret Road; thence S77'02'16'W, 606.75 feet along said centerline to the point of beginning. Said tract of land contains 14.25 acres, more or less, and is subject to easements and restrictions of record. 2. The Parties acknowledge that development of the above-described land Is considered out- of-sequence under the residential development sequence schedule set forth In the 1989 Comprehensive Plan Update and, therefore, subject to the developer paying the costs associated with the development of the subject tract. 3. The Parties acknowledge that development of the subject tract will require an upgrade of the Wests Ide Trunk Sewer and the Owner therefore agrees to certain conditions over and above City regulations to lessen the Impact of the development on the area. 4. In consideration of the City's rezoning of the subject property from ID-RS, Interim Development Slngle.Famlly Residential, to RS-5, Low Density Single-Family Residential, the Owner agrees that development and use of the subject property will conform to the requirements of the RS-5 zone, as well as the following additional conditions: \ A. Owner shall pay all costs associated with development of the above-described land Including the costs of streets, sidewalks, water mains, sanitary sewer, storm sewer, and storm water detention. Owner further agrees to pay those out-of- sequence costs typically subsidized or reimbursed by the City Including those for oversized water mains, sanitary sewer lines and storm sewer lines and the cost of overwldth paving. B. Owner shall pay a pro rata share of the cost to upgrade the Westslde Trunk Sewer. The City Engineer will calculate the Owner's pro rata share of the sewer upgrade for the approximately 71.05 acres described above based upon a service area of approximately 700 acres. C. No building permits for lots on the property described above will be issued until the upgrade of the Westslde Trunk Sewer Is completedo D. After completion of the Westslde Trunk Sewer upgrade, Owner may obtain building permits for no more than 52 lots on the property described above prior to December 31, 1995, or the upgrade of Rohret Road, whichever occurs first. The 52 lots for which building permits may be Issued must be located generally contiguous to the public school site. IbiS .... .... ".- .. - \";";',:~i!"-':'''''~:!,'I:' 'fti'-'''''':::~' ," ""',,, ":",,,i"" ,,'" ~<'~r-~).,', :.,"'~ '",} . ,,"".",~'.:,,"." " .,." ,'. I -t ~ ,I , " , _,' ~"" \ ' :'.. ":,"~~ .',~..\:;\~,,:'t''':':'~'''''''.' I,. '_'~ ." _ ' .: ',.: ,.>,;.....,....\, ,^; ..' 3 50 The Owner acknowledges that the conditions contained herein are reasonable conditions to Impose on the land pursuant to ~ 41405 (1991) and that said conditions are appropriate to satisfy public needs directly caused by the requested zoning change. 6. The Owner acknowledges that In the event the subject property Is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 7. The Parties acknowledge that this Agreement shall be deemed to be a covenant running with the land and with the title to the land, and shall remain In full force and effect as a covenant running with the tltie to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall Inure to the benefit of and bind all successors, representatives and assigns of the Parties. B. The Owner acknowledges that nothing In this Agreement shall be construed to relieve the Owner from complying with all applicable local, state and federal regulations. 90 The Parties agree that this Conditional Zoning Agreement shall be Incorporated by reference Into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded In the Johnson County Recorder's Offlceo Dated this <(~ day of .::t:;"... , 1993. \ KENNEDY-HILGENBERG ENTERPRISES Attest; ~.I~tJ k: ~A/1.J Ma n K.Karr, City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ~I, -r On this Y day of ..J l.",-t. , 1993, before me, Scoodr'i );',.\- , a Notary Public In and for the State of Iowa, personally appeared Darrel Go Courtney and Marian Ko Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing Instrument Is the corporate seal of the corporation, and that the Instrument was signed and sealed on behalf of the corporation, by authority of Its City I ! , I~as ,. - '-:~:,:' ,-":l~l""':'!:'~;:'-:o:<c:{",' ",.',: ,-:' \' :.",. :,o!: . .. I"~ "". '''[:'~,' . ~',-?l" ~:B'!. " " 'f, . "- ,,-, -.),> .~~~ ":'.:".\~: '\':-, ,,~ ",,' '~"""!.~; ,. ,'j' ':. . ~',: ~,', . .:' ..: J" ..... ~ 4 Council, as contained In Ordinance No. r3. .3S7? passed by the City Council on the 'i f~ day of :r.:;".l , 19~, and that Darrel Go Courtney and Marian K. Karr acknowledged the execution of the Instrument to be their voluntary act and deed and the voluntary act and deed or the corporation, by It voluntarily executed. Sc-rAlV ~ Notary Public In and for the State of Iowa STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this .J.. day of March, 1993, before me, the undersigned, a Notary Public In and for the State of Iowa, personally appeared Jerry Hilgenberg, to me personally known, who being by me duly sworn did say that he Is a partner In Kennedy-Hilgenberg Enterprises executing the within and foregoing Instrument, that said Instrument was signed on behalf of the partnership by authority of Its Partnership Agreement; and that Jerry Hilgenberg as partner acknowledged the axecutlon of the foregoing Instrument to be the voluntary act and deed of the partnership, by It and by him voluntarily executed. ppdadmln\kannedy,cza Approved By 41ft I AlvA ({ ~ J~tJ--. City Attorney's 0 ce 3/493 i i ~,.~~'n_____ ----.----. ,I STATE OF IOWA ) )SS: JOHNSON COUNTY ) ~( On this i!. day of ~ ,1993, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared J. R. Kennedy, to me personally known, who being by me duly sworn did say that he Is a partner in Kennedy.Hllgenberg Enterprises executing the within and foregoing Instrument, that said instrument was signed on behalf of the partnership by authority of Its Partnership Agreement; and that J. R. Kennedy as partner acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the partnership, by It and by him voluntarily executedo , ~ 1;.\7 Nota;y Public in and for the State of Iowa /bi5 --~........ "....... 0"\)' v-.~ .. r~...-...... ~_ ........-".----,........ - - '.r- -- ,- ~..'~!...'. :.'~', ...........,,/. ,-,''''.:''-'J' " .:...',....'. "..,...;il, "'f,"'~' 14" ',:;.;:-: " ,\...: 'OW,,';' t <"','1 '.: '~I '.'" ,'~.'.:'-,"""..' '(~' '. -",".1' ," . (".' t' "',f ~','~', ,,~J ' . ~.......:' _,... \ ,,'. .:, \ " ," .: l , , ......" fl........ , '". I,',',' .' RECEIVED JUt,j 2 - 1993 June 1, 1993 Mayor and City Council Civic Center 410 E. Washington Street Iowa City, Iowa 52240 Rei Kennedy-Hilgenberg Enterprises Dear Mayor and Members of City Councilr I formally request that you give expedited consideration to rezoning application REZ92-0016, by placing Second and Third Consideration on your agenda for your June 8, 1993 meeting. Thank you for your coneideration of this request. Very truly yours, a,~~ u~~~ J. R. Kennedy Kennedy-Hilgenberg Enterprises ~ . .". - .. .........-- /~85 - ..,...-:... ,.- \ ~j o ;.' c ,', :"7'1'-'0 ,:.t~I"C . '~' ...~: ' ','''':1.'': . ,;" " ,',' '; :, " , "~' ..'", I' '0,., "",,., ",' ?~:('.':, "'~,,'i,J.~ \ ," .. ',....~ '.:, "':''; ; .., .:. '\.:, ',',,'. ,- . I '.'\........1 .,~,. ...... ',.., c ' ',' " .' '''''''' . ..,' ",", " . , .,' IY\I-~ ORDINANCE NO. 93-3578 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF APPROXIMATELY 13098 ACRES OF LAND LOCATED SOUTHWEST OF TEG DRIVE AND EAST OF THE WESTERN SECTION OF ABER AVENUE, IOWA CITY, IOWAo WHEREAS, the City has initiated a zone change from Low Density Single-Family ResidentiallRS.51 to Public IP) zone; and WHEREAS, the subject property has been dedicated to the City of Iowa City by John and Allegra Dane; and WHEREAS, Section 36-30Ig1121 of the zoning ordinance specifies that property owned by governments shall be zoned P. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. APPROV ALo That the property described on Exhibit 'A' attached, is hereby reclassified from its present classification of RS-5 to P. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION 111. CERTIFICATION AND RECORDINGo The City Clerk Is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALERo All ordinances and parts of ordinances In conflict with the provision of this Ordinance are hereby repealedo SECTION V. SEVERABILlTYo If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as'a whole or any section, provision or part thereof not adjudged invalid or unconstitutlonalo SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as required by law. IOe7 \ ", " '..:"'71,', .'; 'tlj";',' " ,:~~.;..~ :::tI-' ;,," ,', ',: ',,,' ',' '-': ' ",: :.' ~, ,~ ':;~'I"" 'j ,";' " , ",: ',~ " ;.[ ::.~.-..:=,: ":.\...~r ':,~........::~I:l :1'-"'" ',":' '.} ',. :,:,1 Ordinance No. 93-3578 Page 2 Passed and approved this 8th day of ~~- MAYOR ATTEST: ~AJ~U j. tauJ CITY CL K ' d.n.'pub,ord Approved by C~ 4/L1/13 I I' t ! /087 -.....' v....... .. \ "........ ..,-.- - ..- -.--.,.-T...-r}----~~ -. ,- ~ "T ,,' ",'.-" ..."'0'-' ';t/-'" ":'" """'~" ,:' --:~'..: "'.'.c :,t:l< .. ,~;, : " -",', ' ,'. "" '",:,.' ~'. ,~"., ,.1 "',~,. , ',' .", ,,'J ": L' "", "', , ' "" ~; , ", ~~,j '~l-_' '.I'~:, .'~l~ ".1 :;, "" , .' .... . \ , 1,,,,,,-: ',' , I ,~ ,,' . .' . I'. . . It was moved by HcDonald and seconded by Ambrisco as read be adopted, and upon roll call there were: thaI the Ordinance AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby 1( McDonald x Novick I I I First Conslderallon 1/11/ q 1 Vote for passage: AYES: Ambrisco, Courtney, Horowitz, Kubby, HcDonald, Novick. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 6/16/93 Hoved by HcDonald, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Ambrisco, Courtney, HorOWitz, Kubby, HcDonald, Novick. NAYS: None. ABSENT: None. -------------------- I , , I I I i I I i I i , ! , I I , I I log? i,:,'., .-\,',:', "fit,' ::;' ;', ,;,,'t~' ",' :", ',':,,'.::' ,."::':',',:,:,,~'o , . o~;'I;" 't ," tti'., I ' -" ,', ' , , , , , """~"l~~;':"'\ :1,:."':\ 11:.:_;1 .'~':~-"',:,,.':""" ':""1 .' . ....' "..' '. \ ',.1._ ',' , '. I . It. ~':';.~"",' ;,e""l: ; I"~ - ( ',I ',,' (,",' " \ CommenCing at the Southeast Corner of Penny Bryn Addition Part Three, in accordance with the Plat thereOf, Recorded in Plat Book 14, at Page 58, of the Records of the Johnson County Recorder's Office; Thence S00037'02"E, along the West Line of Bryn Mawr Heights, Part 10, in accordance with the Plat thereOf, Recorded in Plat Book '16, at Page 17, Records of the Johnson County Recorder's Office, and the West Line of Bryn Mawr Heights, Part 12, in accordance with the Plat thereof Recorded in Plat Book 18, at Page 41, Records of the Johnson County Recorder's Office, 855.26 feet, to the Southwest Corner of said Bryn Mawr Heights, Part 12, and the Northwest Corner of Bryn Mawr Heights, Part 13, in accordance with the plat thereof recorded in Plat Book 21 at Page 71, Records of the Johnson County Recorder's Office; thence SOoo16'20'E, along the West Line of said Bryn Mawr Heights, Part 13, 310.62 feet, to the Point of Beginning; Thence Continuing 500016' 20 'E, along said West Line, 163.01 feet, to it's intersection with the North line of West Side Park, in accordance with the Plat thereof, Recorded in Plat Book 24, at Page 45:; Records of the Johnson County Recorder's Office; thence S89037'07''W, (A RECORDED BEARING), along said North Line, 1326.83 feet, to it's intersection with the East Line of Ty'n Cae, Part 3, in accordance with the Plat thereof Recorded in Plat Book 24, at Page 18, Records of the Johnson County Recorder's Office; thence N00037' 36 "w, along the said East Line, the East Line of Ty'n Cae, Part 1, in accordance with the Plat thereof, Recorded in Plat Book 17, at page 24, Records of the Johnson County Recorder's Office, and the Northerly Projection thereof, 1329.49 feet, to its intersection with the Westerly Projection of the South Lines of Penny Bryn Addition, Parts 2 and 3; Thence N89038 '40 "E, along said Westerly Projection, 11. 82 feet, to the Northwest Corner of Park West, Part One, in accordance with the Plat thereOf, Recorded in Plat Book 32, at Page 328, Records of the Johnson County Recorder's Office; Thence S00041'35"E, along the Westerly Line of said Park West, Part One, 5.39 feet; Thence Southeasterly 185.26 feet, along said Westerly Line on a 213.09 foot radius curve, concave Northeasterly, whose 179.48 foot chord bears S25036'00''E; Thence S50030'26"E, along said Westerly Line 155.18 feet; Thence Southeasterly 177.49 feet, along said Westerly Line, on a 716.96 foot radius curve, concave Southwesterly, whose 177.03 foot chord bears S43024'55''E, to the Southwest corner of said Park West, Part One; Thence 36019'24"E, 50.00 feet; Thence Southeasterly, 171.56 feet, along a 360.72 foot radius curve, concave Southwesterly, whose 169.95 foot chord bears S22041'54"E; Thence S09004'24"E, 50.00 feet; Thence Southeasterly 255.77 feet, along a 353.68 foot radius curve concave Northeasterly, whose 250.23 foot chord bears S29047'25''E; Thence S50030'26"E, 135.20 feet; Thence S39029'34"W, 130.00 feet; Thence S50030'26"E, 210.00 feet; Thence S43041'14"E, 132.79 feet; Thence N89037'07''E, 264.83 feet; Thence N68029'47"E, 119.79 feet; Thence N61033'59"E, 148.51 feet, to the Point of Beginning. Said Tract of Land Contains 13.98 Acres, more or less, and is subject to easements and restrictions of record. i I EXHIBIT "A' I~a? --~.,.,. .., "' .. ".. __ "....- - WI "-......-T \ V' ~ ':,.' :'" ~~l~ "'t~/'-' :'tji':"o' : , 'I ,,",..:' "':'" ....", ','(;,0 :~~".' ..~~,< :" >- ,:,','.' ':.:'" '.;~ .', . >1':~ ,J,:',.' '" . ,,,,, , . ' . _, ~ ! '.' ," ., , I, . , "". (" ' t :~ ,.....:, " "L~!I ......, 1\ .1, I ,:,\ ',', . 1 \ '. " . ':.' nH~ ORDINANCE NO. 93-3579 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADOPTING SECTION 36.82(d) TO PERMIT CONSTRUCTION OF SINGLE. FAMILY DWELLINGS ON NON.CONFORMING LOTS OF RECORD. WHEREAS, Section 36-82(c) provides that two contiguous lots under single ownership are considered a single property, and no portion 01 said property can be sold or used In a manner which diminishes compliance with lot frontage, width and area requirements; and WHEREAS, circumstances exist where construction of a single-family dwelling on nonconforming lots of record with Insufficient lot area would be appropriate; and WHEREAS, the City recognizes the need to reduce unnecessary barriers to providing affordable housing; and WHEREAS, some buildable nonconforming lots of record could provide opportunities for lower cost housing due to their small size and location; and WHEREAS, Board 01 Adjustment review of applications for a special exception to establish a single-family dwelling on a nonconforming lot of record will ensure appropriate, compatible residential development and allow for neighborhood Involvement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. Chapter 36, Division 4, entitled "NONCONFORMITIES,' Section 36.82, entitled "Nonconforming lots,' of the Code of Ordinances of the City of Iowa City, Iowa, be and the same is hereby amended by adding thereto a new subsection (d) to read as follows: (d) In cases where a lot 01 record has become In single ownership and Is deemed a single parcel as set forth In Section 36082(c), the Board of Adjustment may grant a special exception to permit a slngle.famlly dwelling and accessory buildings to be erected on the lot of record notwllhstandlng a failure to meet the requirements of the zone for lot area, /01'1 I i I , i .", .. ._' "~. ~' " :,' 1:'J'~l" ',' ,:: ",. '.,'.,.,":::'._', ,.:".,.~,..".I."::",l0:'"II'fl.''' ',''-; ''':,', ',' ,,' 't .~'.:~'. ,\, ,J.1;..,.,'::: !4J :/~, '1~;I;:'f " ,," ,\':"',1, ~ ~ :~. ;' '. :. Ordinance No. 93-3579 Page 2 provided that the granting of the specllio requested exception results In appropriate, compatible development with surrounding residential development and meets all of the requirements of this Chapter, Including setback and frontage requlrementso SECTION tlo REPEALER. All ordinances or parts of ordinances In conllict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be Invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged Invalid or unconstitutional. SECTION IV. EFFECTIVE DATEo This Ordinance shall be In full force and effect from and after Its ffnal passage, approval and publication, as provided by law, Passed and approved this 8th day of June, 19. -- I .' MAYOR \ ATTEST:~~~.(. ~AIo) CITY C RK Approved by J]h 5/"lJ3 ~ , , , I , I i , ppdad..\36-92dood I()ii \ ....-- y-,- ... ..----..-~---.....--.--.."'t -- - - y---- - - ~, ,. ... -- ' - - , . ~........- ....- ~-=t:,~,:,..:t7/-;<',li\,;, :':13. "', . :: '::'. \; .,,:.:.',',', . I . ,~" ' , ~' ""'I.m,'" "".\l ' . > 11,1" , :'.' .' :::\~""::! ~,~.,':. ,.', ' ~ ':,' ,''low- ~",,' ~'. ' , " ., '..' It was moved by HcDonald and seconded by as read be adopted, and upon roll call there were: Horowitz that the Ordinance First Consideration 5/11/93 Vote for passage: AYES: Novick, Ambrisco, Courtney, Horowitz, Kubby, HcDonald. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 6/16/93 Hoved by HcDonald, seconded by Kubby, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at whicb it is to be finally passed be suspended, tbe second consid- eration and vote be waived and the ordinance be voted upon for final passage at tbis time. AYES: Courtney, Horowitz, Kubby, ~lcDonald, Novick, Ambrisco. NAYS: None. ABSENT: None. l()g8 - 000:' ~ ...........,....... V""'-- . .. ..-------..~-....". .,........ - "--r- -- ,- WI' ......".-... ~o:' "...., -,':,;' ,',:';;;; : ""~"" :,:' ,0" ': :', ., ::" '.." "'''.'''~ '''iI ,,,,,12.1,,,, '" ,'-.., '" ~T' ""L'~::~;' " ,~ ~ : ",' lill',1 . ,': ,'~','.' I' ,,'; .", "', ,'\>'0,. . .'-':'1.',!" ,,1~ "' I'." ,,' . I '. ,. ,., . :'",',~.".". ,.,: -,' I \'\ ARTICLE I. IN GENERAL ~ h /J J-- Sec. 15-1. Purpose. The purpose of this chapter is to provide for the health, safety, and welfare of the citizens of the city by providing for the collection and disposal of solid waste; by regulating the storage, collection, transportation, processing, disposal, recycling, reuse and littering of solid waste; and by providing for the collection and disposal of solid waste. Sec. 15.2. Definitions. The following definitions shall be applicable to this chapter unless a contrary meaning Is indicated by the text. The word "shall" Is mandatory; the word "may" is permissive. Terms not defined shall have the meanings customarily assigned to them in Webster's New Collegiate Dictionary. Uses not defined or listed shall have the meanings as defined in or categorized according to the Standard Industrial Classification (SIC) Manual, Superintendent of Documents, U.S. Government Printing Office. Appliances means machines common to residential household use, and shall include refrigerators, stoves, microwave ovens, dishwashers, clothes washers, clothes dryers, water heaters, furnaces, air conditioners, dehumidifiers, console television sets, stereo systems, lawn mowers; and any device containing a gasoline engine, an electric motor or an electric capacitor. Bulky rubbish means nonputrescible refuse consisting of combustible andlor non. combustible waste materials which are either too large or too heavy to be $1!(eJQ and conveniently loaded into solid waste transportation vehicles by solid waste collect'ors':' Commercial solid waste means solid waste resulting from the operation of any commercial, industrial, institutional, egrlcultural or other establishment, and shall also include solid waste resulting from multiple dwelling facilities having more than four (4) dwelling units. Demolition meens)j!h'fWn9t~!o.tMi11p1lrfj destruction of a building or structure andl'i# a m~tllilo,~,th~,!~~eri07;ljE9U1911ffih!l.tlLWlrJMlOf a bUilding or structure. 'W Demilli17ol1fWaste means waste material from the construction, destruction or demolition """"~-"'';;:'-<<<'''<<',*.- of residential, commercial or industrial buildings or structures, except brick and foundation materialsl!nlIDDltiWllttiil. Director means the city manager or his/her authorized designee. Disposable solid waste container meanscl~al disposable plastic sacks specifically designed for storage of solid waste havin9 a capaCity of five (5) to thirty.five (35) gallons. Dwelling means a bUilding which is wholly or partially used or intended to be used for residential occupancy. Dwelling unit means any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit possessing facilities which are used, or ere intended to be used, for living, sleeping, cooking and eating of meals. Garbage means putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food. Hazardous wastes includes but is not limited to pathological wastes, explosive wastes, pesticides, pesticide containers, toxic radioactive materials, and those westes included by definition in Section 4558.411(4a) Code of Iowa (1989) and Rules of the Iowa Department of Natural Resources. Landfill shall mean the Iowa City Landfill located in Johnson County, Iowa. Landfill service area means Johnson County inclUding both incorporated and unincorporated cities located therein, together with the cities of Riverside and Kalona, for which Iowa City provides landfill services herein. lilt; . ", "'iJ..:J,:'..:,' '.':'~',' ';'~'.:,"".: '.,', 1"';"'- \ , ," '", -II"~ "~" ;' , " ' '" . :, ," ""L I ','; , .' '. "',""",,', , , , ., . .,! .~"." . - " ,( ., '; .~.//,.~~~",,': "S:'J',:!.,I,.. .t,~_,c', -~...~;:,:~, j", "'" II:', ,,:,::"::.~j .~', - 2. Occupant means any person who elone, or jointly or severally with others, shall be in actual possession of any dwelling unit or any other improved or unimproved real property, either as owner, landlord, tenant, resident or operator. Offending party is any person, operator, responsible party, resident, entity or occupant who has been given notice of a violation of this chapter and who has not yet cured or remedied the offense. Offending property is that property which Is in violation of this chapter and which offense has not been cured or remedied. Operator means any user, responsible party, occupant, entity, business, firm, corporation, governmental entity, association, partnership, venture, or any combination thereof, or any agent, fiduciary or representative thereof, who occupies, possesses, uses or owns property within the lowe City Landfill Service Area andlor who stores or generates solid waste within the Iowa City Landfill Service Area. Owner shall mean any recognized interest of ownership In real or personal property, including legal and equitable property Interests. Person shall include individual persons, user, responsible party, entity, business, firm, corporation, association, partnership, venture or any combination thereof or any agent, representative or fiduciary thereof. Premises includes any Interest in real property, Including but not limited to buildings and improvements, whether intended for or used for residential, commercial or industrial use. Processing means bailing, compacting, compostlng, incinerating, recycling, separating, shredding, together with all other processes whereby solid waste characteristics are either modified or solid waste quantity is reduced. Recycling means any process by which solid waste is collected, separated, processed or returned to use in the form of raw materials or products. Recycling shall Include the composting of yard waste, but does not include any form of energy recovery. Refuse means solid waste not required to be recycled or reused. Residence means any dwelling either Intended for andlor being used for residential use. Resident means any person or group of persons who occupy a residential dwelling, ' dwelling unit, or rooming unit. !bTs'alii1fla["riusgi'mer'sHe{us811~xC10aln'''1omR''iru661sl\Ta''aVdemo!llion1Yi/fifal fJ~.v,VwMW"",^,"-M>l!l~<<~.,...."",;<<,;vM".,w;O"':;::';-;:';"YM""""';"''''';-''''~;''.v.,W>'...w".""g:.;;.,..;....y;w;-.y\\'~;,.,'y,";"'~...^";,;,.;,Jlv.."\,-..;......'"\..v;w.\......';-i..;''''''~,.;'i^...;w;-;,,.w;y Residential solid waste means solid waste resulting from the maintenance and operation of single.family, duplex, triplex, and four.plex dwellings, Including solid waste from operation of a home occupation which complies with the requirements of the applicable zoning ordinance. Responsible party means any person, persons or governmental entity who applies for, who obteins or who is issued an account for sewer, water andlor solid waste service, and includes any person who pays an individual account for anyone or a combinetlon of the following services: Water; sewer and solid waste coilection. Responsible party shail also mean an account holder of the above accounts. If more than one person is listed on an account, both persons shall be deemed a responsible party for purposes of collection, storage and dispose I of solid waste and compliance with this chapter. Revocation means withdrawal of privileges, termination of landfill permits and withholding of eccess to the landfill site. Revocation may be cerried out by the director upon deter. mination by the director that sufficient cause exists to revoke, after notice and en opportunity to cure the defect or to rebut the existence of the offending ceuse. Rooming unit meens any habitable room or group of adjoining habitable rooms loceted within a dwelling end forming a single unit possessing facilities which are used, or intended to be used, primerily for living and sleeping. A rooming unit shall have bath and toilet facilities '/II/' 'Y'"' .. . "0;,,: .::~;" ,'",'.;:" ,,'rw'" ""'It1:<~:',.. ' ,'~",:::>;",:" ~:,-' ~~'i,'l ~:{. '; ;:~~~':'\\ ~ ':;':) I~f' ':';':: ", ,," .:, .~, _;' " ';', \', r.--;,~r.:~.:;;---_-._I,-=-;"~~i"~"":: .,,"" ')',"\'" ..~, ,-, .,' . l" '., .' .3. evajlable for exclusive use by the occupants or for communal use. In addition, a rooming unit may have kitchen and dining facilities available for use by the occupants therein. For purposes of this chapter, two (2) rooming units shall be deemed the equivalent of one dwelling unit. Solid waste means unwanted or discarded waste materials in a solid or seml.solid state, !,~c\~~,~~, ~,U,~Do~!';'J!"ted to garbage, ashes, refuse, sludge, !lyIKtml&gImil yard waste, liritr$at~,!li\y()oarwaste~ appliances, special waste, demolition and construction wastes, and ;e;rae;"iial;~ommercrai. and industrial wastes. dIHliS'fg' 'ffil)iWrO:vllllre'onciel'll\$I%i/lb1lCksiaralhol: ~'~n~a. ""Ym:~i~ "._w,,,'<<<-.>>.~- -"\'':''~':'~';;';''''<<''''~'<<'''-';':'~<<<<<<''''<<'<<('~'''~~<<,m<<<<<.'',<<,,,,,:.,',.oX""-':"" $R} }IXM,\ ,I " 7folid ;'aste container means a receptacle used by any person or operator to store solid waste during the interval between solid waste collections. Solid waste disposal means the process of discarding or getting rid of unwanted material; In particular, the final disposition of solid waste. Solid waste management means the entire solid waste system of planning and administering storage, collection, removal, transportation, processing and disposal of solid waste. Special waste meens solid waste that must be handled or processed in a special manner prior to disposal at the landfill. Storage means keeping, maintaining, or storing solid waste from the time of its production until the time of its collection and removal. Transportation means the transporting of' solid waste from the place of collection or processing to the Iowa City Landfill. Vifttlia1@lfWoQ7ttwilslUifn"ludes;trll'<<'limlf'\18Yu$JN'cnfistmllstffileSJia{i(FOnlieatea;rO'~:'b'lilt vJ,c'1, illiJ., '~'1i~dll1.w;illririrad'ighq;1"'hl~tlltnal~"JJ$lfrjfilfrStfffj'''iM~hafmlhfdhfl~;;fi'6ft\1~18gt nf!()'ffalwr$f3r%~~'W.""",.""<,,<~-~,,:""""<<,,;>>>:wVk.m,,,,,,w;,,,,,W'''''0.\'~''p,,,,,,"i';:'V"~""'\'~>>>>"'>>:''''''\';;'M''''''''%~>>>\~'>>wJ.'',''',;<<-::''(''''V~>>:<<-'-"',:"\,,,,y.:Y,,^''''':'' """,-,~""",,vX"W""^'XVMY;........w~ Yard waste means grass, leaves, and garden residue. Sec. 15.3. County ordinances. Provisions of this Chapter together with any provision of any ordinance administered by the ~ohnson County Board of Health which Is not In conflict with this Chapter, shall govern the City's management of solid waste. Sec. 154. Enforcement. In order to ensure compliance with this Chapter and the rules promulgated [pursuant] thereto, together with all applicable county, state and federal laws and regulations" the Director Is authorized to inspect all phases of solid waste management within the jurisdiction of Iowa City. In all cases where such inspections reveal that the storage, collection, transpor- tation, processing, disposal, recycling or reuse of solid waste are In violation of this Chapter or rules promulgated [pursuant) thereto andlor are in violation of state or federal law , such violation shall constitute a nuisance andlor an environmental infraction under both state and local law. In such event, the City mey, et its option, elect to carry out eny one or all of the following remedies: prosecute environmental infractions under Section 1-20(d) of this Code; withhold solid weste manegement services from thet person, dwelling, commercial or industrial, business, institution or government entity; deny or revoke any permit under this Chapter; terminate a service eccount; dispose of any nonconforming solid waste container; or abate the nuisance In accordance with Chapter 24, Article VI of the Iowa City Code of Ordinances; abate the nuisence under state law, Chapter 657, Iowa Code (1989). Election of anyone of these remedies by the city shall not preclude the city from pursuing eny other ramedy, and such remedies are deemed cumulative and not exclusive. Notice of any such City determination that a prohibited nuisance exists shall be given to the offending party as follows: /l11J ......,..,..... ,....~ ---........'-----~--.---.--~,.- .......,-- .....". , -- - - .-- -- ---- . .' - . -........". -- ..- --~.. - ~ .- ';', ',,:::&1' ;0;';/':' ,'i:~"""~,',, ,:: '0 " ,,,' .,... . ',,', ':,:, ':: ,', ",""" ,~' ,'" ,. '/", ". ,,""" , :1" .~.',~ ..~,"'w: ."<~,~:~",.":~',';~~/.',: :::~' ...._:~.:~_~J~~~.,~i .4- (1) Be given In writing to the person, responsible party, resident, operator, business or entity at their last known address; (2) State that the City has determined that a violation of this Chapter exists; (3) Describe tha violation, with reference to the applicable provisions of this Chapter, rules, or other applicable county, state, or federal law; (4) Advise what actions are required to be taken by the offending party to remedy the violation. The notice shall be deemed to be properly served if it Is personally served; if it is posted In a conspicuous place on the offending property or building; or if a copy thereof is sent by ordinary mail, with sufficient postage affixed, to the last known address of the person, responsible party, occupant, operator, entity, business or governmental entity. Sec. 15.5. Director's rule.meklng authority. The Director may make, amend, revoke and enforce reasonable and necessary rules and regulations governing, but not limited to: (1) Specifications for solid waste storage containers, including the type, composition, equipment, size, weight and shape thereof. (2) Weight and size limitations on bundles of solid waste too large for solid waste storage containers. (3) Sanitation, maintenance and replacement of solid waste containers. (4) Schedules and routes for collection and transportation of solid waste by City personnel. (5) Collection points of solid waste containers. (6) Special identification requirements for use of solid waste containers. (7) Collection, transportation, processing and disposal of solid waste. (8) Storage of solid waste. (9) Records of quantity and types of solid waste received at disposal facilities. (10) Handling of hazardous wastes, special wastes, toxic wastes, sludges, ashes, agricultural waste, construction waste, bulky Items, tires, automobiles, oils, greases, yard waste, batteries, appliances, and recyclables. (11) Special carryout service for the elderly and handicapped. (12) Collection of residential solid waste resulting from the operation and maintenance of more than four (4) dwelling units. (13) Billing and collection of disposal service charges at the Landfill. (141 Hours of operation for the Landfill. llQl\M1Ca, n, e,1:" "t,'jo,.n,1~,l'"r,a,-"n, s,'""".,,oaa,lio,iF1,",i,'.o,Ce, ',ssln "VandYdls"'olaltiiliUnclassJfiii"dXwastlFta01JTfhe ~!Ut""'~~flbli]lillfd'ritY8ffd@'''Ia''H~ti;;r~~'~rMgLM''''~~'~''P~...,~~"".",,,,~,,,,...w,w,,,.,,,,.."~*'m"'~'...~~ l>'n\",';:;"~'"'''oi''''"""^~'N'''.''>>>~<6P.P.-.:<<<,,p.''''',">>''''6~'''":6:....-.:.-j A copy of any end all rules and regulations issued under the provisions of this Section shall be filed In the office of the City Clerk, and shall be available for public Inspection during normal business hours. Sec. 15.6. Prohibited practices. It shall be prohibited for any person, responsible party, operator, resident, occupant or entity, or any agent or representative thereof, to: (1) Deposit solid waste in any solid waste container other than in a solid waste container either owned by the depositor, or properly and lawfully leased by the depositor. (2) Interfere In any manner with the collection, storage, or transportation of solid waste; Interfere with the equipment for the use of such collection, storage or transportation; or interfere with solid weste collectors in the lawful performance of their duties. . ~~ III/' ..... -_.----.--"~ ,J v.... ..... .. \ . '0: "'~ ' ,: : 0,0 ...., ".'SJ ' ",'-, ,,"" ':"',' ,':', .',,, ' ""1/' ' B ", I " ' ',., ",,' "0" ,'" , '. .', <' "I ", , " .' " .". ), I 1 I < '" -. , " .. ~ ,j'" - "', ' . - . , I. .' '., ~ I I' ~,~ ,~ .' "1 " . ,.. .. 'l ) : ,~..,\.~,~'.."'l.}r,,~"'\~~.' c,'\ ... "" '. " "'" - 5 - (3) Throw, cast, place, lay or permit placement of any refuse Into or on any receptacle specifically designated by the City or private entity as a receptacle to be usad only for deposit of recyclable or reusable waste. (4) Deposit recyclables or reusable waste in containers or at locations not specifically designated for such waste. (5) Litter. Sections 15.7 . 15.9. Reserved. ARTICLE II - COMMERCIAL SOLID WASTE HAULERS Sec. 15.10. Permit required. No person, business, responsible party, occupant, operator, or entity shall engage In the business of receiving, collecting, transporting, processing, recycling, or disposing of solid waste within the Iowa City Landfill Service Area without first obtaining an annual permit from the City; provided, however, that this section shall not be deemed to apply to employees of the holder of eny such permit. No permit shall be required for episodic or irregular collection and transportation of building demolition material or brick or foundation materials, or of dirt or rock materials from grading or excavation activities. However, a permit shall be required for persons who provide building demolition services or who collect and dispose of building demolition materials on a regular basis. See, 15.11. Application. Each applicant for any permit required by Section 15.10 shall state in its application: (1) The characteristics of solid waste to be collected, transported, processed, disposed of or recycled. (2) The number of solid waste trensportation vehicles to be operated. (3) The precise erea served, and the name of any person, operator, business, entity or governmental entity served, if any. (4) That its employees heve an understanding of applicable local, state, and fedarallaws end practices governing the collection and disposal of solid waste. (5) Such other information as may be required by the Director. Sec. 15.12. Issuance of permit and fee. If the application for the permit required by Section 15.11 and City inspection shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public health or damage to the environment, and that such collection, transportation process or disposal will conform with all applicable state, federal and local laws and this Chepter, then the Director shall issue the permit authorized by this Article II. A permit sticker shall be applied to the upper right-hand corner of the right door of all solid waste transpor. tetion vehicles. The permit shall be Issued for a period of one year, and each applicant shall pay an annual fee as provided in the Schedule of Fees, Section 32.1.55. Nothing in this Section shall prejudice the right of the applicant to reapply after the denial of its application, provided that all aspects of the reapplication shall comply with the provisions of this Chapter. Sec. 15.13. Transferability. Permits authorized under this Chapter shell be deemed personal to the applicant, and shall not be transferable or assignable in any manner unless specifically approved by the Director. Sections 15.14 .15.19. Reserved. ARTICLE III . STORAGE Sec. 15.20. Containers required. The resident, occupant, operator, or owner of every dwelling unit, residence, and of every institutional, commercial, business, industrial or agricultural establishment producing \ 1111, . '~,,';i~::, ' ' :,' ,,: ,:; t;;,,-: ~ ~IC(: ': "0;,, ,'i'/':.', ::" ':', ~,' "'.~'" '\'i'~( .l. ~10l'r '~~. '..' ".,' ,x:.',J."!", j , ~::~,,,;,,;,"~~{\;'''I;\~,;,,''~',,,r;~,~''''', ,.~:;~ :...:~ "'r" "":". ,',::.,' ':', ~". .':.;. - 6 - solid waste shall provide containers of sufficient number and adequate quality for the storage of all solid waste, sufficient to properly serve each such dwelling unit end/or establishment; and shall maintain such solid waste containers in reasonable rapair. This provision shall not apply to bulky rubbish, appliances, Yb:tiMWl~:ql!9[qLVl[~lil demolition or construction waste. Sec. 15.21. Required use and maintenance of containers and surrounding areas. The occupant, resident. operator or owner of every dwelling unit, residence. and of every institutional. commercial. industrial, agricultural or businass establishment shall place all solid waste to ba collected In proper solid waste containers. except as otherwise provided in this article; and shall maintain such solid waste containers and the areas surrounding said containers in a reasonably clean. neat and sanitary condition at all times. Sec. 15.22. Specifications for containers. (a) Residential Refuse. Residential refuse shall be stored in containers of not more than thirty.five (351 gallons in capacity, nor less than twenty (201 gallons In capacity. Containars shall be leakproof. waterproof, and fitted with a fly-tight lid, and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. The containers shall have handles, bails or other suitable lifting devices or features. Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying. The containers shall be of light weight, sturdy construction. The weight of eny indivlduel container. including contents, shall not exceed !l(!YllqQl pounds. Galvanized metal containers. or rubber. fiberglass. or plastic containers which do not become brittle in cold weather are deemed approprlete. rR~A1 disposable solid waste containers. as approved by the Director, may also be used for storage of residential solid waste. (b) Residential Yard Waste. Residential yard waste collected by the City shall be stored in Cleai lastic ba sq;;~aEblpa"'i$Ra1E6ah"ii"',(nWiimatfa"mO':6ifpj6Vtdil'dfp';{lhi\CrltJ t9.tl(\lf~l The !~tWiI!je~~aTl'ablew'forO~u;ChaseaIv~7fo~sWretarStorehnfOw: City. The fe~ for s~~J~Qi shall be as established In the Schedule of Fees, Section 32.1.55. In lieu of tags an annual stamp may be purchased for placement on a non. disposable containercomplying with the requirements of Article 1 of this section. The fee for said stamp shall be established in the schedule of fees Section 32.1-55. (c) Recycling waste. Residential solid weste designated by the City for recycling shall be stored in containers, which may be an approved compartmentalized container. of not more than thirty-five (35) gallons in capacity, nor less than five (5) gallons in capacity. Containers shall be leakproof, waterproof, and fitted with a tight lid, and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. The containers shall be of light weight, sturdy construction. The weight of any individual container. including contents, shall not exceed lift'Y1l$01 pounds. Galvanized metal containers. or rubber. fiberglass. or plastic containars'whi'c'h do not bacome brittle in cold weather are deemed appropriate. Disposable solid waste containers shall not be used for storage of recycling waste. Each item designated by the City for recycling shall be stored in a separate or approved compertmentallzed container. taf&0if{Ufif;eii((ia:rfOoawaste1il~eslaaRili\I<<Mtrei\tim:wp"od!WifSlefcollectea:by;tna{ti{Y'~lial! "'''''''''''''''~~.!~.''~~~.'.r~f.v,\lle.'.~no';~iJ. B.#I~'~'.,.1j9.1.;I~.!giW;lh~fl1l.o.".'.~. 'y. 'f.'~.".I.g<fit!mt~[;j6ph]~('9flg;'~'n~;~jQff!~'~p n 8fincliesiridlama(lff:WhoHbofrr'!sforiido(n~f;inliniRsioiifg'ijfc~R(iiI6eis:iTfeellmQ$ ~[~;t9rM~h"!~ffqrf:rfl.~tR~;lp!~'g~~jQ~~i91~Qti'J9qnr~in:~(~i;llt!i~;'~~fgh!1;9fi:~ny:nn~i.yJ~YR! ~Ufial.e:or,~ioHi'gii'cbhtalryWr!sliall'ilof'ilxceedliltW(50!fpotio'il~NEeq~'.b@dl~Yonstora@ PPD.t~[Q~r:~fi~!JL~~I!~gg~~!wM'i~;!~g'!'QI~~;play!~~4:9Vi{ti~!Gi!yi!9j.;'alf~e)::T!ie;;!9g~;Wlll 11/(, \ 'III""' - ..-- .---...........- \:- ",;j~." .,:,j '. . "';:'~'" ;,,"~ltO,,:,<,", "'\ !,':'" ,,", :;::, ,~'.:'.': ,',-.:'" ,~..' 7. f ~ I .1" '.' .1 j' q. .,' ~ .' ~ _ . " :'", '. "'. . ','" I ,,; . I.: :-' . . \', 1" ' I: _ J ~ " \' -, ,C I "" ' ,,", J, ",' ~\ ,-' 0 ',\.... l" , '.., .' I ' ,', _ , ,,',',' :'..,....,:~I~;t-:'.-:,"/.!h."~."t /" .,~ 'j.. ". , " ..' - 7 - 6e\aWi[a6IiFf6t~pilNliasii;aKvlI'iiol.ls~iatajlslores")n;loWirCir;Wilthiffiie; foriiiIcn: tit's ~hali:-b'il:~\i';j~ta6IiShiia;ih"tWil~,~Eff~11mil~,Of,;fbW.':,'S~ti10*:,32:~55r"'-""-'="_"hgM Ie) 71 ': rDeiiioiiitdn'i-Wait~:~i6am"OI1ti'6d\W'ast'&Ycoire'Stelj'\h "aH~l!ci{<'~h~llfl)e' Jecur'iilM tied':i ' "" '^'<<"'''''''~ ~ "",~~\;;-'"<"~....>::~~",,, ",'W ~'!ii:t, ',<~ ::;-"'~ "'~~~X~':l!Mxxx~ i:: "":<~' ',,- ~...,~,' , <<''''\l'>.' Y",.,.. ~i1"X',~vy,,,,y,!f~'''' "'z "~~ .} '''" Yt.'~'v,>> 9 ~g?~t~~,;"np~q~rp~!;U9,~nGf.O!~ifl~g~t\(~~J,i\~~9~~9~!~nijX~,Q,~LPJ.gnt.~~D1;!},~!.}!P9~~~i.tq Wj~~~~~5iYi",,~,t;~~t~9D~~~+~~tPl~?r0l!l~U!J.Ql~tq~~q!,:~?rt~;Q~JR::~m~~,:;V(el~,~t:\~!\:a,'9~ k~,~fY.\~H~,li~9~'~'t!~;.,~~~J~~lgl,~~Rnt~J,Qd~,rt~~t"~'t;Rm'~t,F~~,~,<fJt~t&!iPd\iB,9~~d,~7':l~~C(, [~,~Pf,~lej or,storage\Con alner:Slla i'witagga ;WI n:a'lag1 O:YS'provlue 1yy,'~le,CJty, 0(a1 ee. it1f~'t~"~:~li(jfe1a~hlfNbf&1)iorr1iii1Qas~T~t~VaH6,JJt;etajf~i6fus:ifH:lbwa':Cii "KGthefiii'd '(' <~" ,::"--::;:> ~,,<<:~<<~,~~0;:=:<'it'^lh<>&l'1F'>>;$Vm"'t':::,'bR. ~h~"'ll~..:..-ll' "~'Vn,,<< 'tt"a~ ~"'I'" ';:"""f'x ~ ::::::I."',~~>>:<<:::;<,.:x ~\%'>>>> ,<:- t~>.;~>>:>.r'" ,};.:.-"~, i Or;'Sl.lcli,tanS'$n8 tw,IlS..il$\B lis 'e 'JO{theiscne U eto ,feest$sctiori'32;,h65l <<..."^'...............,...;~....~J;.0;w.,'<<"""',..............w;...."';o;\"'w.,,..........w...............w~mv.w;<<i;;:w"';,;,....VM~"",_"""~v................W^'",....Wiii>-...~"',Vi.;.;~ 1ft Commercial. Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leakproof and shall be covered at all times, except when depositing waste therein or removing the contents thereof. Commercial solid waste containers stored on City property shall be waterproof and leakproof, and shall be covered at all times with a water-tight lid locked in position, except when depositing waste therein or removing the contents thereof. Commercial solid waste containers shall be steam cleaned at least twice each year: once during the month of May and once during the month of August. Ui~ Non-conforming containers. Any container that does not conform to fQmmflyfr!1!llilt~ of this section must be promptly replaced by an approved solid waste container upon racelpt of writtan notice from the City. If not raplaced within seven (7) calendar days after dalivery of such notica, the container and its contents may be disposed of by the City as waste. Sec. 15.23. Location of solid waste containers. Residential solid waste containers shall be stored upon private property. Commercial solid waste containers shall be stored upon private property unless both the owner of the container and the owner or operator of the premises shali have been granted written permission from the City Council, by way of written agreemant, to use public property for such purposes. The storage site for both residential and commercial solid waste containers shall be well drained, whether stored on public or private property .Further, the storage site for said container shali be fully accessible to coliection equipment, to public health personnel and to fire inspection personnel. Regardless of whether permission has been granted by the City for storage on public property, commercial solid waste containers shall not be placed in the area between any building and the street right.of-way, including areas commonly referred to as "parking" between the curb and the private property line. In cases where a container cannot physicaliy be located anywhere but between the building and stieet right-of-way, ,(Ii~ Director may approve lh8 location if properly screened. Containers located within fifty (5'0) feet of a street right.of:way must be screaned from view from said right.of-way. In the event a solid waste container becomes a nuisance by reason of litter, the City may require the entire container storage area to be enclosed by a fence or structure sufficient to prevent litter. However, nothing herein shall be construed to create any duty on the City to collect commercial solid waste, which is specificaliy prohibited under Section 15.380 Sections 15.24 . 15.29. Reserved. ,'.-~ ARTICLE IV - COLLECTION ANOTRANSPORTATION Sec. 15.30. Collection from residential dwellings. The City shall collect ali residential refuse resulting from the operation and maintenance of single.family, duplex, tri.plex, and four-plex dwellings, as defined in the zoning ordinanca, when each dwelling or dwelling unit is located on its own lot with frontage on a public street. The City shall meke such coliections once per waek whenever reasonably possible. The Director is authorized to adopt regulations and to enter into written agreements to provide 1I/~ "". ~,.., "'."",11 -..... v ~.. \ . ".. -- ."....'-- . .. '~T~------'--r- -:/ I";~i,",'"" "I ' ":,~'.... :" '" "':{'J", " '~ ',; :.<.. ;'., ", ,:,: :<., ,~,:'>: ,,:-. " ," ~ .' or '':/ I .' "I 'f' - .1" -", , ',..,. "', ", ' " "" .. " " ,. 'I ", " ".' '. .. ' ~ '" ~" ..' " .' ,,' ,,, I) . I' . ,," ,\"~, , ' ' \' _u ,,\,., , " ,_,' , .. , ' ""', ~l. >.~,~~i.) ::j!:I.;~'>f;': ',}l',-":,"':: :: 1,,1 \",,' ,', ;,r ': :':" '.,: ".: :''':..~ ,,8 - residential solid waste collection to other dwellings. Residential refuse collection shall be mandatory. Private collection of residential refuse. as defined in Section 15-2, Is prohibited. Those dwellings receiving City refuse collection service on the effective date of this Ordinance, which would not be entitled to receive such service under the terms of this subsection, may continue to receive City refuse collection service. In the event such service is voluntarily discontinued by the owner of any such dwelling for any period of time. the City may terminate refuse collection service to such dwelling. The Director may exempt qualifying dwellings from the City's mandatory collection herein if the Director determines that the dwelling and an adjacent establishment which generates commercial solid waste Is part of one complex of buildings. which together serve a unified purpose. Sec. 15.31. Collection of tires. appliances and bulky rubbish. Appliances and tires discarded from use at premises to which collection services are provided by the City will be collected by the City at such residential premises. but only upon prior request and arrangement with the City. The owner. responsible party. occupant or operator of such premises will be billed for collection and disposal of each such appliance and tire in the amount provided in the Schedule of Fees. Section 32.1-55 of the City Code. Bulky rubbish from premises to which collection services are provided by the City will be collected, but only upon prior request and arrangement with the City. provided that the bulky rubbish does not exceed reasonable limitations of weight and bulk. as determined by the Director. TneYowner'tfies%on$ihf81t~aH;:7foccUNintV6,Wo~""e1aloao~n$UcRY:<1.Efmrsl~slwm1.oe ."..."~,,,,,;;:;,;,., --"...""".t,y""""";'P"""""."""";"';"x',,"!,.,.i....,.y~.L", ,:"',."P--"Hw....,'V.,',.,,"..P,;,.-.,:...;.;.,"',../'::~,,.,......-.,"'~".-.:.,....".,P.,.",. '.,.,......,.-.'.'".'.,~,."""....,,.......w, 6m~df(o'Wcomrctlon!anCltdis"oaaljofie'ifctta1ichi)te""'iif'lneYamoUntrYovtaEra;lfi!lll~lscnedmgiol li~ft!%~g9:~2n@gr4Iil91i~~igjIY1',9:~lC:::::::~,::::"""""''''H".,=,,,",w=,,c,,,,.,,,,,,,,,=w,,,,,. Sec. 15.32. Collection of unl1'eatediwood!waste. """'.","'>>.<<<-"',.""-'=,.....,->>>>".."-'",,,......,,,,...,,,..,,., U6'fieafeotw'Q'iJdtWBSN shall be collected se"'illatel"ilfOmioIlle'i'iSbndlwasle'iitfne!same ...w..""'......,.,.."":.'.....'<,:.,>.~:?..':;::~:"'~<'.:'a;: .::(.,)\:::::;":<;;;'~~$~.~.,;?>'~.(~0-:....m. "~a-.i'''~. ..'. ~^W,",....:;;J,....~x:,~;..R:,. ,,::;~t,::,....~y..:,;;.,,:s::.:;:;;;:~:~":><<:.i~:~i:~:-::'h:::,;<<...~;;",,'''':~~'.'.'. ...~"::A:>>':::>"~;":::{~'~.'.'"::.:":.~"':'I'.. '.'>:";:'<~. . rifimher::iasYres[ el1tiahifefiJSiF~ilif w iWal)'c61uahciiNwlthKthet'rO\lis]6r\s'ioUSscti6nWr5~30; ,....' ,--",,,,,,,-",,,,,,,,---.,..',,;,,'," ""V',P''': '. ".'" ','. ..c.--'.. ',' '"\0.,, '. ",..'.'., '-"""''-'''.' ~, , ''',--w'''';' ',W, ..... .;..'.' "M"." ....., ". P.: "...: ,......,;'.' ".', ~., ,-,~"v.' ':'C'''''''' ",'.".' ",<,'__:-;.". "'-'v HaWe'?erWe6lf~c'{i"o~irolUntfl~a1adIB8dfw~$tij}is}n6tfmallagf6rillitollr'/uHJreati(l1:wc)1latwKs"tij I1I~p~t!y!,~t9tR~ji~nm:f{~g~ijJi~lp~~~9git;yi$t~tlBpl1'~f~gI~n~,<<(99jtt~1Iil~ln~tff~:if<~qIl~t'\X~$.w shall!,tie:c'pllepl~d.lfo:eajspqs~I1W;Qmr&at~(I:w9oaJ:wasl~'rcf~'awal'llV:~Q'mlnercial'f6peYaiiPn~W6i b'Y!ci~iiiHriT5i'i~I1'i!1fo'W86'ngI1dan6n1'WmlfiBt!ll%!holl~~t~a'ib":Wj{ii\CieJ~=""'"=^',^"".""'.,^,^'''''<''<< ,',.",...:...:.,.:.-.-."',....,.....'.',.~.g..~..,..,.\Z,",.:.'.:...,~">:;:'<...'.:"..~..'....:::':....:.',:\'<:::~..'<:":'"y':.:.:v~":,\""<."-'...,.,.~,.w.'..".'''.,.''m.'~'.':.'.:.\'''',:":",,'.,Yl,,;...:.\...;.,.:.:,,.,.>:,'y~:, Sec. 15.33. Colle~ll6i\tof!,Y,ard waste. . Residential ya'rdwaste sharbe collected separately from other solid waste in the same manner as residential refuse and in accordance with the provisions of Section 15-30. However. collection of yard waste by the City is not mandatory. Only residential yard waste pr~perly stored [Q~l!ijligl!Kqrl~J~mR?J!, as provid?d byo Section 15-22, and free fro~,,~,!~.~ther solid waste shall be collected for disposal. Residential yard waste not properly !l!\Jg~g or placed in stamped containers shell not be collected by the City. Sec::!nF34WECoUec'ilon1)oftbemoiltlO'rilWasts:@OliliiolIfion'ii'JJasfil':sHaUI6'ifiC'6UeC1atl ,.;,Y".''-''''';';':';:'','':',':''''''';'';'';''.;--..",,)..:..,.:'..;,-."':<';.,,,...,.v..-.'.-.......'..'.....,,:....,,'.,\.,.....'z',.:.,'.'."'"..":.:...:..'."..:.",...,,'.'...,;.,,......:,;,v",...'...";.-".:,'..,V"',',;,\",,,,'v.,.-,,:..,'.'':.,..-.-"<,".w',.,-','..,...'.',",..:....,.,..,'.....;.....,;x":"",,,";""""-"< ~~'lr~l~[;iffomrotff~ri~(j!ldIWasle;iff;lne'#~Oieiiiarilei;~sire'sf~~9tiaIJ~'fqse;~i\~Jn'i~BPofd~nC'e Wli~,;\!ft~;fpt?y!~i.2D~I;e!i]~,~9:~gQl~(~r~g;!iiY1~ii~~y~rtj~q~!~gii9D::i9M&,~,m'91)i!RQE~,~~,\~r,!~i;n91 maiidatof....1WOiir1dll'irlOlltlonf"wastel'ro'ci!l"istolod/dii'd'tii""ediiistiovidediinlSeclldiiM'.5122 ,...'.'."" ,"'.' ";,,,Y. '.v'''' .--'.;, .-.,.Y..:.."... ''-'''.;;..;."... ''''.,..''...'''''''''.,......,.,.p.,..,. P..,...,V. ."",,,,,..-.,,.....,.,,....,..,-',,,.,..,,,,..,...99;...,...,'.",'''' R.., .""':""."'" ".....".".,...,.,..'..",..,'" ',','"",.,:,'.,'-..,.,..,. ana:iletWirom'iilitolfi1l'r::llolidtw'iill'fefsha1li61l"coiilfciedJlor!iJlsOsali1l0emoliUoh!wastetatealea ~Y;Q,Qmm~19j~1!QP~r:~~r9n~1:YI)!ringJilbjK~pli~9,\~:[L~Yi1Bff\.:q.l~y;P,."""."""....""w,.w""""".,."","..,..,....,. Sec. 15.3a. Colfoctior(iofilecycllng Waste. Resldentiai're~y'cljngwaste' may be collected separately from other solid waste in the same manner as residential refuse and in accordance with the provisions of Section 15-30 except that collection shall occur once every other week. Residential recycling waste collected separately shall include newsprint. clear glass containers, metal cans and plastic containers (#1 and #21. Clear glass containers, metal cans and plastic containers must be ///(, ~ I ..... I" .. ""...~ --,.--- ".....-- .. ~...--~' ~- .... r ,......-..--.-.-.".-........ ,. - ... ....-~---.."...... <,. -<'"!\" ,,' ,:, ,,'~";"':' ',,::::---.', '.', ",' '," ' .',:,::"".':,'0 ~,' If ~ ' '/1' 'f' . 'J ~'" \ ',' -".' . . . ;-. '1<,.' \;1 '1.. :. ',. ,.I :' ': '" _' . ",\' _"-',' ) .:"_ '" ",L..,;"." ,"'\\ ' ,[G." ",. "., ", ..'," :. Il~.t ;', 'I'~"~""'. ," ,;'''!' ,\ "\I'P :" ".~' '"l,' .: ,".,' . 9. thoroughly rinsed prior to disposel. The residential recycling of waste itemized in this section is not mendatory. Only properly stored recycling waste shall be collected. Sec. 15.3~. Certain wastes not subject to collection. The City will not collect any of the following materials from any dwelling, residence , or residential premises served by City solid waste collection service: lead acid batteries; waste oil; or any substance or material determined by the Director to be hazardous or unacceptable for collection. The Director may adopt and enforce regulations, based on health and safety concerns, specifying additional substances and materials not subject to collection, as provided under Section 15.5. Lead acid batteries and waste oil are subject to disposal at City solid waste disposal facilities as provided in Article V of this Chapter. No person, occupant, responsible party, resident, operator or entity shall obtain or attempt to obtain City collection of solid waste or other substances or materials herein declared not subject to collection. Any such separate attempt andlor action by such offending party shall constitute a separete offense of this provision and Section 15.4. The City's costs for retrieving such substances or materials from the collection vehicle or from the City's disposal site, and lor for cleaning up the collection vehicle or disposal site, shall be chargeable to the responsible party for the solid waste collection account for the residence, dwelling or premises where such substances or materials were placed for collection, or where actually collected. If no account has been established, notice of a violation of this provision shall be given to the offending party, as provided in Sections 15-4 and 15.6 herein. Sec. 15.37. Times oliCOU8c'tlO1f'iand location of collection containers. Refuse, Ufi#eare(liW~rdtwiftil1d'emolitlon'IWasfeff~'o'6Ctrnll"Twa$te\ana yard waste, as WN;'iIi""""~_NN.~v.''';v.,,,,,,~;,.,:,.,.;:,r.''N.......w..;w.__''~\'''''''''iN/<JMvM''N:v.v;w:l;:v;.:,;v;.;.;, .".WN;.iW.v....w",--= described in Sections 15.22, together with other solid waste permitted to be placed at the curb, shall be placed for collection at the curb of the street upon which the residence, dwelling or premises fronts. E~gm.1Y~]l~fk'&~itiltir!]JlIMi!ltJ must be physically separated In order to enable the solid waste collector to easily identify differing contents as well as differing containers. Yard waste containers and recycling containers must be clearly marked as such. Placement of solid weste at the curb for collection shall occur prior to 7:00 a.m. on the regularly scheduled collection day, but shall not occur before 3:00 p.m. on the day before the regularly scheduled collection day. Containers shall be removed from the curb on the same day collection is made, and returned to a location reasonably near the side or beck of any permanent building on the premises. Sec. 15.3~. Responsibility for compliance. It shall be the responsibility of the owner, operator or responsible party for any residence or dwelling contalnin9 two (2), three (3) or four (4) dwelling units to effectuate compliance with the provisions of Section 15.3Z. For single-family dwellings, the owner, occupant, operator, or the person who is the responsible party for the solid waste collection account or the person who pays the solid waste collection fee shall be responsible for compliance with the provisions of Section 15.37. In the event,the fee is unpaid, the owner, ..,'~ occupant, or operator of the premises or the responsible party for the premises, shell be responsible for compliance with this Chapter, and shall be deemed the responsible party for purposes of securing compliance. Sec. 15.3ll. Collection from certain premises by the City Prohibited. The City shell not collect any commercial solid waste, excepting collection from the City's own property. Nor shall the City collect any residential solid waste from any dwelling units within a structure which, in addition to the residentiel solid waste, contains the operation of any commercial, industrial, institutional, agricultural or other establishment and which J/J~ ."... - - ..-.....~ f" ",:"''tl' ':'" ,,", "::~-":- ''':''1-':'.... ':;, :', ,:':,:, :,:',:": ..~''-, . ',';W;' : ,"r~":.. \, .,h1 JI'~' ; ,:- ,",',:. ,.:', ;," : f . .,' '1) \ , " .. ~t. ' L -'I \ ..C: "11 . ,.. i " , . ".', f", I :.:,;~~ .~" :\.::~~~,. '. ,)~~,"";' ,". ,I~ I' " I" ',_ ,t. '.~~ -10 - generates commercial, industrial, institutional, or agricultural waste or any combination theraof, or which operation generates other than residential solid waste. Sec. 15~Q. Responsibility of collectors. (al Solid waste collectors shall be responsible for the collection of solid waste from the point of collection to the transportation vehicles, but only if the solid waste was stored in complience with Sections 15-20, 15-21, 15-22 end 15.23 of this Chapter. Any spillege or blowing litter caused or resulting from the collection activities of the solid waste collector shall forthwith be retrieved by the offending party, and placed in the transportation vehicles by the solid waste collector. (bl All solid waste transportation vehicles shall be maintained in a safe, clean end sanitary condition, and shell be constructed, maintained and operated to prevent spillaga of solid waste. All vehicles used for transportation of solid waste shall be constructed with watertight bodies, and with covers which shall either be an integral part of the vehicle with only loading hoppers exposed, or shall be a separate cover of sui tabla material with fasteners designed to secure all sides of the cover to the vehicle. If the cover of the solid waste transportation vehicla is separate, It shall be secured whenever the vehicle is transporting solid waste. No solid waste shall be transported In the loading hoppers. (cl Permits shall not be required for the removal, hauling or disposal of dirt and rock material from grading or excavation activities; however, all such material shall be conveyed in tight vehicles, trucks or receptacles, constructed and maintained in such a manner that none of the material being transported can spill upon the public ri9ht.of- way. (dl Storage of transportation vehicles used or intended to be used for collection and trans. portation of garbage is prohibited in all residential zones. Sec. 1542), Resldantial collection fees. lID The fees for the collection of residential solid waste from residential premises, as defined in Section 15-2, shall be as provided in the Schedule of Fees, Section 32.1-55. 16'l1.'%'p':lerurifed~cl1'ect<1Atlfoifratlc1S$7i1enj'ebJf;Jtll\'8'riifcl\$CKlarlfaufomatic:16'iii\Kfdij6rttfo~ ':a'I~N~~t;'e'tVlall~!I~'liWIW~dtf8\lh",l\clfi'tf8fj~WYlf~'ii{tlljlfi8mfiflllifiHHffef~mlfsmutl8iflf(llffi ilnl~1!~~~m!~i.Blf~J!\g~Jli,~IT~11l~~Jigf!~~~[[&i~tP1Rxm'~~Hjffz!F~;ii~9,ti[~[(g~;~U;ff@'~*.1 ~eqtIQ~2cl;a6\ -- Sec', , .5~~, Cepo.slt upon e~tabllshm~nt ?,fi~2e~~~:"n_"'> 0' Upon Initial establishment With the City 9!1~nY1RQmp!n~lI9n of a residential water service account, a residential sewer service account, or a residential solid waste collection account, or upon reestablishment of one or several such accounts with the City, the person or responsible party establishing the accoun(@ shall be required to execute a service agreement with the City, and also make a combined account deposit before commencement of City services. DifQff!ii\Wal{esla61jsHm~hfi;w(mitha'iGItYi'oJi'ail11~(dahllalis!ind;;wlj'~td!r6ij(y f~~~8lllR~~\i*~\!~~m'~1~~~~'i~I~I~I\I~mi~1~i;~~lf~~~J~W~~~;~~r~\%~&Willi~~~~~l~(J YeW~ijl'f'reiJWi3n~'W'ii61fffe;cjti;Wl;;\ij!llrs1l1ffi~k\WillWatdBtlhtiHij"Ssl{16ilforaid8ffiljfeW8ameRt <<:.~-~ ".,(,,::< ~''':;;"'~ ',": g ~;V::, ~~<~".:>>"":....,L"~.,...""-.",..."".w',,,,Y<'~vwY..~;,..,..,.:,y,.~"'~<"':~'~"""",_"<.:";....",,,,,.w,.....'..m,.'<'-""""""...V"':' P...-,.".........,...-.......-. ,..~.."." ...'.-.,'.........,..'.....-....". ".". ,.."a,',",,,^, pf{Cltyi$~1v!ceid The emount of the deposit shall be as provided in the Schedule of Fees, Se"(;iroii"32~riHf. The deposit(sf shall be held either until three (3) years after establishment of the account!~i or until servl(;'i; Is termineted and the account closed, whichever is eerller. At such time of termination or three year's duration, the amount of the deposit shall be credited to the responsible party's account. " " . I/J~ -",.~' "" ,..it!','" :, " ':,'..', ",'::,,,,:, :ti:,;:,j~rO t>,;:,,":.;:~7:l' :",:~;~" > ,':, ,:';:,. ,':>:, ":'/:~ :,:~ '/':,:':'~', -11- \ Sec. 154~. Deposit upon delinquency of account. .., A delinquency deposit may be charged upon repeated delinquency of any water service account, sewer service account, andlor residential solid waste collection account. Upcn the occurrence of two delinquency charges for anyone of these accounts during anyone calendar year, the responsible party for the account(s) shall be required to meke a combined account deposit which is equal to the average two.month billing for the entire account. The average two.month billing shall be based upon the actual billings durin9 the prior twelve-month period. If the responsible party already has a combined deposit being held, that deposit amount shall be increased to the proper amount for a delinquency deposit. Delinquency deposits shall be held either one year after the establishment date or one year after the lest delinquency charge for a delinquent account, whichever is leter. The deposit shall be released to the responsible party when service Is terminated or when the account is closed, at which time the deposit shall be credited to the account. SectJon 15-44. Lien. In addition to the above, the City shall have a lien upon the property of any user or property owner who has failed to pay for solid waste service. After written notice and public hearing, the City shall adopt by resolution said Iien(s), and the city clerk shall certify the amount of the lien and file the same with the county. Such lien shall attach to the property receiving solid waste service upon certification by the city council and filing of the lien with the county. Liens perfected in this manner shall be assessed against the property to the extent of the balance due to the City for solid waste service supplied and costs incurred in perfecting such lien. Such lien shall be enforced until payment in full, at which time the lien shall be deemed satisfied, and the City shall acknowledge satisfaction thereof and file a release with the county. However, any rental property owner or maneger who furnishes to the City, In writing, the name and forwarding address and telephone number (if known) of former tenants who have vacated the premises where solid waste bills are past due, delinquent and unpaid, then in that event the City shall forebear filing the lien provided in this section. SectJon 154~ . 1549. Reserved. ARTICLE V . DISPOSAL Sec. 15.50. Disposal facilities. Solid wastes shall be deposited at a processing facility or disposal area consistent with all requirements of local, state, and federal law. Only persons, firms, businesses, operators or entities residing, located or operating within the landfill service area may dispose of solid waste at the landfill, and only provided that such solid waste was generated by activities or operations occurring within the landfill service area. Sec. 15.51. Hazardous or special waste. The Director may adopt reguletions classifyln(t certain wastes as hazardous or special wastes and may, pursuant to such regulations, prohibit the disposal of such westes at the Iowa City Landfill or requira special handling thereof, as provided in Section 15-5. Sec. 15.52. Disposal of lead acid batteries and waste 011. Persons, businesses, operators or entities residing, located or operatin9 within the Landfill Service Area may dispose of lead acid batteries and waste oil from their private or commercial vahicles by delivering same to locations approved by the Director, provided that such wastes were generated by activities or operations located and operating, in whole or in part, within the Landfill Service Area. Sec. 15.53. Disposal of appliances at the Landfill. Persons, firms, businesses, operators or entities residing, located or operating within the Landfill Service Area may dispose of appliances at the Landfill, provided that such wastes i I 1/1(, ".. -- - ........-----..--...---~~~-". '''''' - - '-r- .-- ,.--- --..- -..,..- ... .....,...- ~o/::: ..,;7.::~: ">;;';J' :,"::jm.....',: ,;:~-i' "":",..,",,,' ,:.:..;:>:: ::'::-'/' ~!?, /. ~f" I. l'. .' .' ,r ." II. ~"/ . _ I',' '. ," .t.~ .I':r:f,:' "'': .' d._r,l:.~\ \ ;,..... ."....',... : .' ". '~~'J ::"," :,~-:~~" .:I,d~"II;';' , :~ :.;< l~""~ I' 'j..,I..' '.' r, . "; ., ' " ,r_-~;;.", t.' . -12 - were generated by activities or operations occurring within the Landfill Service Area. Appliances deposited at the Landfill in a crushed condition, or so damaged as to prevent removal of capacitors or ballasts, shall be subject to a surcherge fee, to be established in the Schedule of Fees, Section 32.1.55. Sec. 15.54. Disposal of tires at the Landfill. Persons, firms, businesses, operators or entities residing, located or operating within the Landfill Service Area may dispose of tires at the Landfill, provided that such wastes were generated by activities or operations occurring within the Landfill Service Area. $eCtionn~.'ll;$'$WD18"""'sliHofIunfiOlir7I:wlioarw8Sjifftitrtl1ilTtlnamll ~""~. '. .., .::;;;'.w."i:~~.w_'>>>x~'-'.' ,.~R-Q--",-;:{,x""'w' .v....;,;; '" ,.......,..!,>>>>.,._ "';;;; ."~'-<<<<:""'~~ '.. ". "-,._....'l"~'. .....-.._,-. .l;;;.::....-.,'.;;;;'~':.,'~ R~!~bl111tf."ttmlP!l~JDq$~~~'4p(@t9:~Qrt~1\~tl~~t{~ijtng1lt9AAt~:a)pi9R~rn\JQfi1WifGr tlf~1l1ancrfllful'e~fetWifi1lfi.a'"'1ill~"'iijl0f:t;';~~$'il1"'MiJ8d&twastifilltt'fi~Yt~nalili?Ylt~UI<<aJfna9 ~~gHtw!f(j~RPiitWij&'Y~t1i&lb\ilfiVfti~lii{g"~li)foW~!bll~}tfir"tf~ltffiW!;ff€fl*dilmi'l~,@ivfg~ %~.-."':"~-.~"r."~~",,,,,_.iY,,,,,,,,,,,,,",,,,,Q,,,,,,,,..;.;,,,tJ,<<<,;v,-<<<<""':l&~,,,,,.,;:,w<<<.>>:.,,,,,,,,~w,-R2_.~~:,",~.:<.,.,=.,,~:..,,\(,,Q.%W'A"""<<<"(.\:;}"""<.'::;'''':'~w..;.\(->>~.:",,,~~,<<W.,~:,,,., ".>..,.''''~ a ~.' ....Iol"M -" Sec. 15.56. Disposal of yard waste at the Landfill. Persons, firms, businesses, operators or entities residing, located or operating within the Landfill Service Area may dispose of yard waste at the Landfill, provided that such wastes were generated by activities or operations occurring in whole or in part within the Landfill Service Area. Sec. 15.52. Appliances, !!.t!~, yard waste, and!JIlJ!!!f~9r~ag:~;;Wl@l to be separated from other solid waste for disposal. Appliances, fj{f~, yard waste, and y]u6i1119J'ilP:~mes~ may not be mixed with other solid waste delivered to the Landfill for disposal. Persons, firms, businesses, operators or entities disposing of appliances, nml yard waste, or PIisnltffll:iXg7..fiklIJi at the Landfill shall separate those items from other solid waste materials, and shall deliver and unload them at the sites designated by the City for disposal of such items. Sec. 15.58. Penalties for Improper disposal or disposal of prohibIted or hazardous ~ waste. It is prohibited for any person, firm, business, operator or entity to deposit solid waste at the Landfill in a location other than that provided by the Director or as directed by Landfill personnel. It is further prohibited for any person, firm, business, operator, or entity to dispose or attempt to dispose of hazardous or prohibited waste at the Landfill in a manner or in a location other than that provided by the Director pursuant to Section 15-51 of this Ordinance. It is also prohibited for any person, firm, business, operator or entity to dispose or attempt to dispose of appliances, !ltifi yard waste, or pmlg!fll91~!!fI:t\i~~I~ at the Landfill in a manner or at a location other than that provided pursuant to Sections 15.53, 15-54, 15.55, 15.56 FhJffuEf:'&a of this Ordinance, Violations of either this provision or of any regulations adopted by the Director pursuant to Section 15-51 shall constitute either a misdemeanor or a municipal Infraction, and each violation shall constitute a separete offense 0 The City's costs for retrieving such substances or materials from the Landfill disposal site, andlor for any costs incurred by the City for cleaning up the disposal site shall be chargeable to the offending party or parties. Repeated violations of this provision or of regulations adopted by the Director pursuant to Section 15.51 shall be sufficient cause for the City's revocation of the Landfill disposal privileges of an Offending party, after written notice of the City's Intention to revoke. Sec. 15.59. Disposal fees. The fees for disposal of solid waste shall be as provided in Schedule of Fees, Section 32.1.55. lilt, ..- ..~ ~ \ ....-' - - .. ..------....-~-- r-v., - -... --r-- --,.~ --.. .... ........-------.-. ~... :'.. '.:,,:;iM.... ' , ,',',. ,",' : ..",~..;;", :'tj' ~ , , ,',' '.. .:. ';','," <','. ,',....... '. ., . "./. 'I, ' . j' ,,' I' d r P" ',.", ~ ".' - . ". " . ' ., .,,, ,,, I, , I '.' ,I "" ',"" .. :\,I::;;'I~)""~':~'::';"':'" :!"il,'.:..,: \l~,,~ .:;.: ,.\ ::. '.'\.:'....:,.,:,~>',..:~.. -13. Sections 15;60 . 15.69. Reserved. hWi-.'t: ARTICLE VI . LITTERING Sec. 15.70. Short title. This article shall be known and may be cited as the Iowa City Anti-litter Ordinance. Sec. 15.71. Definitions. In addition to the definitions set forth in Article I of this Chepter, for purposes of this article the following terms, phrases, words and their derivations shall mean the following: Aircraft is any contrivance now known or hereafter Invented, used or designed for nevlgation or for flight in the air. The word "aircraft" shall Include helicopters and lighter-than. air dirigibles and balloons. Receptacle Is a litter storage and collection container as required and authorized in Article III of this Chapter. Litter Is "garbage," "refuse" end "rubbish" as defined in this Chapter, together with all other solid waste material which, if thrown or deposited as herein prohibited, unreasonably endangers public health, safety and welfare. Newspaper is any newspaper of general circulation as defined by general law , any newspaper duly entered with the post office department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer es provided by general law; and, in addition thereto, shall mean and Include any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public. Park Is a park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation. Private property or premises is any dwelling, house, building or other structure designed or used either wholly or in part for private residential, business, commercial or industrial purposes, whether Inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, housa, building or other structure. Public place Is any and all streats, sidewalks, boulevards, alleys or other public ways, together with any and all public parks, squares, spaces, grounds and buildings. Vehicle is every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. Sec. 15.72. Prohibited In public places generally. No person shall throw or deposit litter on or upon any public place within the city except in public receptacles, or in authorized privete recepiacles for collection and disposal. Any person who drops, or permits to be dropped or thrown upon any public place any of the ebove-described materials upon any county road or state highway shall immediately remove the same or cause it to be removed, and failure to do so shall constitute a violation of this chapter. Sec. 15.73. Placement of litter in receptacles so as to prevent scattering required. Persons placing litter in public receptecles or in authorized private receptacles shall do so in such a menner as to prevent the litter from being carried or deposited by the natural elements upon any public place or upon private property. Sec. 15.74. Sweeping litter Into gutters, streets or other public places prohibited. No person shall sweep into or deposit in any gutter, alley, street or other public place within the city litter or any accumuletion of litter from eny building or lot, or from any public or private sidewalk or driveway. Persons owning, operating or occupying property shall keep the sidewalk in front of their premises free of litter. . i I , 11/(, \ .....-.- -.. ....~...-~---......- ~'.:\ "'1''''''' ::~"'{'...'<'-'"" ~.WA/;':" 1 .,._."....-::.\::,,:'c'..~.~.',\ .' " :'7"." 'I,'" "LI:I, ':.t.J ' " " "'" I, ' " " ~, . \,W. 1 { ,'. :!!1." . '.' . I. ." . \ " ::.,' /:,:\,~;' '.. .,'~'6;'.;.:J:. ;;;~, ;-,", ":1"'~'~~'"" . ... ,.";.' ,,' "~:' -14 - Sec. 15.75. Throwing litter from vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. Sec. 15.76. Operation of trucks causing litter prohibited. No vehicle carrying a load of materials shall be driven or moved on any state highway, county road or city street unless such vehicle is so constructed or loaded as to prevent any of its loed from dropping, sifting, leaking or otherwise escaping therefrom, except that sand or other materials may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a street or roadway in order to clean or maintain such street or roadway. It shall be prohibited for vehicles to deposit from their wheels or track substantial and unreasonable quantities of mud, gravel or other materials onto paved public streets or roadways. Sec. 15.77. Throwing litter In parks prohibited. No person shall throw or deposit litter in any park owned by the City, whether within or without the City, except in public receptacles and in such manner that the litter will remain in the receptacle until collection, and will not be scattered by the natural elements onto any park, street, roadway or public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for the litter's presence on the public property, and shall be properly disposed of elsewhere, as provided herein. Sec. 15.78. Throwin'g litter in lakes and fountains prohibited. No person shall throw, deposit or permit litter in any fountain, pond, lake, stream, or any other body of water in a park or elsewhere within tha city. Sec. 15.79. Dropping litter from aircraft. No person in any aircraft shall scatter, drop or deposit any litter, handbill or any other object within the city or the confines of the municipal airport. Sect. 15.80. Depositing Iittor on occupied private property. No person shell throw or deposit litter on any occupied private property within the city, whether owned by such persons or not; except that the owner, operator or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the natural elements upon any street, sidewalk or other public place, or upon private property. Sec. 15.81. Owners to maintain premises free of litter. The owner or person either operating or in control of any private property or premises shell at all times melntain the property or premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection, or prohibit the compostlng of yard waste. Sec. 15.82. Throwing or depositing litter on vacant lots prohibited. No person shall throw or deposit litter on any open or vacant private property within the city whether owned, occupied or operated by such person or not. Sec. 15.83. Clearing by City of open or vacant private property upon owner's failure. (a) Notice to remove,When, in the determination of the Director, litter poses an unreason- able or dangerous threat to public health, safety or welfare, the Director or hislher designee Is hereby authorized and ampowered to notify the owner, occupant or operator of eny open or vacant property within the city, or the agent or representative thereof, to properly dispose of litter located on the offending property. Such notice shell be In accordance with Section 24, Article VI of the Iowa City Code of Ordinances. (b) Action upon noncompliance. Upon the failure, neglact or refusal of any owner, occupant, operator or agent so notified to properly dispose of said unhealthful or /I/(P . \,' :.:... ',,':' :..ffi.... '; 'tB' ;'" ,'""",,:. ",:,..,,"",,:', ,<0 ~'" "I' ',',.., ,.-., ' .. "'."J' ., ' . , ' '. ,. .' '" ,.,,,,, """" ":' , I ',' I ,':' . ' , , " ',' :., : >, ..;,;;.; . ~.' , " '. " .,'1' ,", "":1 . I' ; J ' .' ' t' ..' ,I ,." \ r :',' -15 - dangerous litter within seven (7) calendar days aftar receipt of written notice, or within fifteen (15) calendar days after the date such notice is returned to the City because of inability to make delivery to the lest known address of the offending party, the Director or hlslher designee is authorized and empowered to abate or cause the abatament of litter on private property. Abatement of litter on private property may be accomplished In accordance with Section 24, Article VI of the Iowa City Code of Ordinances. (c) Charge for action upon noncompliance. After the City has effected the removal of such offending litter or has paid for its removal, the actual cost thareof, plus accrued interest at the mexlmum rate designated by law per annum from the date of completion of the work, shall remain an obligation of the offending owner, parson, party, occupant or operator. If said costs are not paid by said offending party prior thereto, the costs shall be charged to the owner of such property andlor levied as an assessment against the property In the same manner as a property tax, all in accordance with Section 24, Article VI of the Iowa City Code of Ordinances. Sec. 15.84. Depositing litter at City Landfill sites. No parson shall throw or deposit litter on or upon any City owned Landfill site, except in those areas designated for dumping or by the direction of City Landfill personnel. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby rapealed. SECTION 3. SEVERABILITY. If any of section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect tha validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final assa e and ublication as I\'fOvlaecf b law 6UlmO'tibenWe\'A"Q"ustili\'K'993. p 9 p. Ji".,.;.:,,,..,,,<.:,,.,:<<., Y Y"'''''>>M'','"""".v'.-"w<<.;..v"",:."..:.,,,.9.''''''''''''.h'')'..,Jl,,,.:.,..{...>:~ \ MAYOR ATTEST: CITY CLERK Approved by pwlldminllolidwll,ord j ! I/I~ ' .-r," .,......... --...,.-~ .",-.----- .. .. .,.----.......,,-- ......-r--'... - - ._~ -- ':' . ,,:4"&'. :,:i : " ;, C1: ' :&1";" ,', ,;' ' , 0 -'0' ""; -: ' ,,, '~l ,."~~\" ....Cy..l ,,1 "~~:m' .',.1. ." I, .... " H,., r', :~.\\}~~.'_:1,,:';""':'\1''";.''''-:--1 ~~7"':,..~_,: "..-":', :.' , " ~ City of Iowa City M E M 0 RAN 0 U M TO: steve Atkins ( FROM: Chuck Schmadeke RE: Solid Waste Collection, Disposal, and Charges ~o-O DATE: May 27, 1993 City staff has developed a payment for service scheme for solid waste collection and disposal services provided by'the City. The purpose of this change is to more effectively and fairly charge for solid waste collection and disposal services that do not involve residential refuse. Also, additional separation of waste (untreated wood waste) is required to further reduce landfill use. It is our desire that these changes will also reduce future rate increases for residential refuse collection. In addition, rate increases and changes to reflect increased cost and non- uniform landfill charges have been included. Attached are the proposed changes to Chapter 15, Solid Waste and Chapter 32, Taxation and Revenues. Changes have been highlighted. City staff will be available to discuss these changes with the City Council at the June 7, 1993 informal council meeting or at your convenience. /1/7 "" .: ;,:'11;" ',":~I'" ':'t-7'/' -":';f-"''''': ':' ,,', C' ",..', .:' ,."""", ","~'"", , I ',,: ," ..;," ',' ",' I . ". ' .". , J" " I ,',',. . - - . ;', " " !" .., ,',.. '.< ," '.' l ,,', . '. ," ~ ',I '~l:' ,\.\..-: ',' ,.....;.- ,. J. ...... _.- ..- . " . ,. . _. ., \ ~, . I \ ", "..' I .' ". '. 1'. '1 .' ~", ORDINANCE NOo AN ORDINANCE AMENDING CHAPTER 32.1 'TAXATION AND REVENUES' OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA BY AMENDING SECTION 32.1.55 THEREIN TO REVISE SOLID WASTE COLLECTION FEES AND LANDFILL USE FEESo NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 32.1 of the Code of Ordinances of the City of Iowa City, Iowa be and the same is hereby amended by repealing Section 32.1.55 thereof, and enacting in lieu there of a new Section to be codified the same to read as follows: Sec. 32.1.55. Fees or charges authorized In Chapter 15. Sec. 15-12 Fee for annual solid waste permit, per year Fee for special waste permit, per year Sec. 15.41 Residential solid waste collection fees Per dwelling unit, per month: Refuse Recycling Per two 121 rooming units, per month: Refuse Recycling Discount for accounts enrolled in Surepay, per month Returned checklautomatic bank Debit fee per checkldeblt Sec. 15.31 Appliance collection fee, per Item collected Bulky rubbish fee, per item collected Tire collection fee, per tire collected Sec. 15.22 Yard waste collection fee, per tag sold Annual stamp, per container Untreated wood waste fee, per tag sold Demolition waste fee, per tag sold \ $100.00 g9'00100 ):""y^-"",.,,~~( $j12i9,g '~:ro;~s )W;.;.;.xw;,....,v;;.c $2.25 m);~s IMN"N.,w.vNM $2.25 .'0150 1.>>-~;;..,-"~,,, 'fHl1M ~"""'''~'''.~~ $12.00 '&1:""00 1'(..'!.Lwfi $3.00 $1.00 $20.00 '$;l\O'() ~w...y.",...." 'mOd \"M">;"~""'''''. 1//7 ,0;" .. ,~.': "''r.'I' .....;, '.',', ,," , '-:'; :.'I'~:' . . iH', " ,l:'" ,'01.1'" ...,0 '", :<,:' :: ' ",: ,', . _ j. . '. .'.J ,f'., . ., \ .' , ' ' . .1 .\~~.' I. i,~,' ',1 t..~\ ";""-I'-.,~, ~.\\ -,~ ,,' :., ,_:,', Ordinance Noo Page 2 Sec. 15-58 Landfill use fees Solid waste from Iowa City premises excluding governmental premises Landfill fee per ton State fee per ton Total fee per ton loD'(il~ &;;.;..4_(..,. as required sum of Landfill and State fees All other solid waste Landfill fee per ton State fee per ton Total fee per ton ):49)25 >>>>:<>:~,;.:.( as required sum of Landfill and State fees Minimum fee in lieu of tonnage fees [ql;~f.! feIF~er-1t6rt ,x""""".P.,.;<,~w;~':'l' Sec. 15.54 Tire disposal fee, fee per pound, subject to minimum fee of $3 Sec. 15.53 Appliance disposal fee, per item disposed Appliance disposal fee, surcharge for crushed or damaged item, fee per Item disposed Sec. 15.51 Special wastes disposal fee lIfMfilID'forfills' osaf(6f:"S'1Clalfwasies snilflifi}fW6V'2~ffm'&ifufgi'llb~l"linrt' ~'~:<. <<~i~.~~:'<<<."..'-'~::i.., :'::::"'.A' ....t':.:,~.<~'[.........;w;::.;;;;y;...."liw.....~......!L..w...........! ~es:I!\';thls);:>~ti()fj' L"\R1Mdih%tg&riHilmblWfwpY(~l1U'''lr ~W'-':'<:""-""~~ :v"^P:1",~w".~~~~,,;;.<<<"":~ '",::<<,. ,\',.:<,....!..m!~ i.llf~illindfilnulllilfoiia6r7iiiieil.1F16ri1 %,\!.:,~"'..'<<"""'M:.>::".;""'_'('_,,~'<<.;.:..,~.~o>>.oy:"',"",...,^..<<<<,w........~ Seco 15-42 Deposit fee combined for city water and/or sewer andlor solid waste collection accounts Residential owner account $0007 ' $6000 $30.00 $75 per combined residential service for city water andlor sewer andlor solid waste collec. tlon service 11/7 \ <', ':t7~,', ,~I~'~7I':""";'::""''-'' ,":,," ,,', ,'"',, ,,..";..:, ,"" .,.'~. "7~~,' ',", ", l~ .,' ".:' :.'" , '!. . .',.' " '" '. "'" '-, ,.,1";,..;",,,_ ,', :G,,; :,' 00", ,;' "" '''' ., , "I'" . , " . .,' Ordinance No. Page 3 Residential tenant account $100 per combined residential service for city water andlor sewer andlor solid waste collec. tion service Deposit for solid waste collection only accounts Residential owner or residential tenant account $50 per separate residential service for city solid waste! recycling services Sec. 15-43 Delinquency deposit for combined water andlor sewer andlor waste collection accounts In an amount equal to an average 2. month billing for the delinquent account SECTION II. That Chapter 32.1 of the Code of Ordinances of the City of Iowa City, Iowa should be and the same is hereby amended by repealing Section 32.1.73 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: lal Sec. 40.12( 1) Sewer service charges: Minimum monthly charge (Includes the first 200 cu. ft. of water usedl Monthly charge for each additional 100 cu. ft. of water used Monthly surcharge BOD (per pound) SS (per pound I (b) Sec. 33.40.12(6) Unmetered user, monthly minimum Manufactured housing park, monthly minimum per lot $6.30 $1.54 $0.13 $0.10 $14020 $14020 //17 \ "......----. ,.t "" . c: :.. . .' . . , , '~... .\,....- ..... ., ,: ",':;1' 't'l 'Fl ' - " " '0 ' '~ " ',:, ~~!\. ", ,C, I' ".: ",'..'" . .' " \',', :;, , " , " " " ' I " " "'""" " , " , :^ ':. """':,' "~'~:-" .'fl":'~ . :-~~\ .. . " :,' .:' Ordinance Noo Page 4 (c) Sec. 33-40.12(7) Returned check/automatic bank debit fee per checkldebit Idl Sec. 33-40.12(8) Discount for accounts enrolled In Sure pay, per month (el Sec. 33.40.13(hl Fee for delinquent sewer $3.00 for service account each water service account not paid within 30 days of billing date. Fee Is waived for first occurrence in each calendar year. '$T"''''O ~y.~ $0.50 If I Sec. 33.40.14(a) Deposit fee for combined city water andlor sewer andlor solid waste collection accountso Residential account: $75.00 per combined residential service for city water andlor sewer and/or solid waste collection service. Residential tenant account: $100.00 por combined residential service for city water and/or sewer andlor solid waste collection service. Igl Sec. 33.40.14(c) Delinquency deposit fee for combined city water and/or sewer andlor solid waste collection accounts. In an amount equal to the average 2.month billing for the delinquent account. /1/7 -II'!' "........ \ "... -- ".-'----------..-- ..~. ....., ,,-- ..\~.,:'~~ ',:~~',. ,'-... . : "," ,",' ,:',' ',,',/", ," . ", , ",T"t, ,,,':<:;1 't",,. '~' """, .,.', (~_ J'~ " \ ", ',': ',:'.' '" ' , ' "",'.. ; I I, ~~: ,;;1 ' ~ ' '" I " ,I I'" _ J'j , " I :~, I,.: '~' "; ;:~l~~ .""~' . .:':1"",:\ " ',I 'I~., .' :'" ",' 'I~' '~':'~:' Ordinance No. Page 5 (h) Sec. 33.149(a) Meter deposit a. Deposit fee for new meter and outside meter reader Meter Size (In.) Deposit b. Refund for each new meter, outside meter reader, and wiring correctly installed %xo/. $60.00 0/. $90.00 1 $120.00 1 * $300.00 2 $400.00 %xo/. $75000 0/. $105.00 1 $135.00 1 * $320.00 2 $420.00 Iil Sec. 33.149(b) Second meter fee (nonrefundable) %xo/. $65000 0/. $90.00 1 $120.00 1 * $300.00 Sept. Sept. 1 1990 1991 Meter Size Ul Sec. 33.163(a) IIn.) Water Service Charges: Monthly user charges for water service for the first two hundred (200) feet or less of water used based on meter size. % $4.15 $5.30 0/. $4.75 $5.80 1 $5.60 $6.85 1* $11.15 $13.65 2 $15000 $18.35 3 $27075 $33.90 4 $48.40 $59.15 6 $97.40 $119.05 The minimum user charges for larger meters will be based on comparative costs to a 6' meter. The minimum user charge for a customer who furnished the meter at their own costs will be based on the minimum for a %' meter, regardless of the size. There will be no minimum monthly charge for a second water meter from November to March for those months during which no water Is used. Monthly Sept. Usage 1 Septo Icu.ft.) 1990 1991 Monthly user Next 2800 $0090 $1.10 charges for Next 1700 $0065 $0.79 water In Over 2000 $0060 $0.79 excess of 200 cubic feet per month. 1//1 "........ "......--- ----- - ...~..- --. }- '" ' "'."1' , : "'tl , "O;'t'...f. :~..;.. ",', ' ",:, , " ",^, .", ~',:..~:,;..:, r/'~"..'; :-:,,'\,:, I:..:' . .i....~"." .:.';~ ,'~.'.', " '"',, I'" , "-", ' ',' , " , . ;\. ..;.;:",~:,~>,,~...\.,~ .~i',...",.......,;.,.~\," ,0;,.,-,;" _':" ,,:r~.:,' Second meter Next 2800 $0.90 charges for Next 17,000 $0.65 water in Over 20,000 $0060 excess of 200 cubic feet per month. Ik) Sec. 33.163Ib) Returned check/automatic bank ";"OrO'w ~J.~...~.;....M debit fee per checkldebit (I) Sec. 33.1631cl Discount for accounts &nrolled In Surepay. per month 1m) Sec. 33-164 Fee for temporary water use during construction for the first 90 days from the date of the service tap for a new service or for a maximum of 90 days for reconstruction: Single. & 2.family residences, per month Multl-family residences, per month $10.00 Commercial structures, per month $20.00 Fee for temporary water use after 90 days for any structure shall be $100.00 per month until the meter Is installed. Ordinance Noo Page 6 \ {nl Sec. 33.165 Fee for direct purchase of water per 200 gallons or fraction thereofo Sept. 1 1990 $1.00 (oj Sec. 33.166(g) Fee delinquent water service account $1.10 $1.10 $1.10 $0.50 $10.00 Sept. 1 1991 $1.25 $3.00 for each water service account not paid within 30 days of billing date. Fee Is waived the first occurrence In each calendar year. (pI Sec. 33.169(a) Deposit fee for combined city water andlor sewer andlor solid waste collection accounts. Residential account: $75.00 per combined residential service for city water andlor sewer andlor solid waste collection service. /117 - .......~. --. ~- r-.. ., ... - - . _ r- ___ _,..--f .. "I - ...,.. - ..... ....,.. _ - ...... .' ~ ~ .\, ".... ',,' .w' .'d .....;. , ,~. ' ",' ,',' ',. ' .~ ", '71" ,",;-',1 '~'I 'fH" " " ',-' " ; l~~", ,..~ ' :., ,'. ' :"j ('" " ,.~. .. .. ,l",':, j: J, .1 ~',' ;. ~ , . ( l,," I " , " ,.4 ~ .' " :~ :' ,,..;:,:.' .' \,~. ~ .\___,~"., J..... \ ' ,',' ",::', .' ~"J Ordinance No. Page 7 Residential I tenant account: $100.00 per combined residential service for city water and/or sewer andlor solid waste collection service. Commercial account: An amount equal to the 2-month billing for commercial service for city water andlor sewer service. (q) Sec. 33-169(b) Delinquency deposit fee In an amount for combined water equal to the and/or sewer average 2-month andlor solid waste billing for collection accounts the delinquent account. (rl Sec. 33-169(cl Fees and charges for various consumer services. Tap fees: Size \ (In.) . Tap Corps Curbs Boxes 1 $28.60 $18.35 $35.70 $29.15 III None None $58.10 $40.75 II(, $30.40 $48.25 $77.40 $40.75 2 $33.10 $78.15 $115.50 $40.75 Il1.inch, 11(,.lnch, and 2.lnch will require saddles which are to be charged at the city's cost, plus a stocking fee. Installation and connection fees: Cost Cost i Size (per IIn. ft.) (per IIn. fto) I (In.) Ductile Iron PVC I' 6 $18.00 $15000 8 $20000 $18.00 I i 10 $24000 12 $29.70 16 $39.40 ///7 ',",' '.. 'ZI.~' '., 2)....' '.' t";', ' ......., ',,' ,': ' " ':. " . . \ ., . .. . ~ " J.. "" f. , ',/. . ',. I' . :, ',:", I ' " 'I, ,'.' 0 , " " ; " ,", ' :, ' ... " '..' ~. u. I ',..J \,. , " #, .' ..' I 1 ~ '. ' . .' :, " ,'......., .' 'e:i ' e '. I' ~ q , , ' ..",.' .' Ordinance No. Page 8 Is) Sec. 33-169/a) Service fees: Fee Fee During After Normal Normal Working Working Hours Hours a. Reconnection of $15.00 $30.00 discontinued service b. Removal fee for $25.00 Not done disconnecting after and removing normal a second meter working hours c. Service for $15.00 $30.00 resetting or reading meter, or for restarting service d. Carding fee for $15.00 $30.00 shutting off In collection procedure e. Check leaky No charge No charge meters f. Frozen meters $15.00 $30.00 plus cost plus cost of meter of meter repair repair \ g. Shut-off service No charge $30000 at curb and check plus for exterior hourly leaks rate for time over 2 hours h. Broken hydrant Repair $30000 cost plus repair I. Location of water No charge No charge main for other utilities 10 Location of water No charge $30.00 main for private plus enterprise hourly rate for time over 2 hours k. Meter accuracy $30000 Not done check at after consumer's normal requost working hours //17 ", ' ' " ....' . ',,';'" , :, .:..' ',' ,: 8' , ' " ,'. ' , , " C."l '" :";1, " ' , , , . .,~ ,~4;t.'," .~\J.:!" :.,! :":";,', ,:. " :.. " f .., 'e'l" t ~ ,I ' ' '.', ~",.,~:,.~I,,'.,~~*:> '.~ ,',"'. \,': I),',"" '; ';', ,,'.~' Ordinance No. Page 9 I. Fire hydrant fee for Inspection and operation of fire hydrants, which are privately owned or owned by other governmental agencies If service Is requested outside normal working hours, a $30.00 after.hour fee shall be charged in addition to the normal working hour fee. In addition, when service time after hours exceeds 2 hours, an additional charge will be added to cover equipment expense and actual employee wages, including overtime. The water service division's normal working hours are 8:00 a.m. to 4:00 pom. daily. SECTION, III. EFFECTIVE DATE. This Ordinance shall be In full force and effect from and after Its final passage and publication, as provided by law, but not before August 1, 1993. SECTION IV. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared Illegal or void, then the lawful provisions of this Ordinance are deemed severable from said unlawful provisions, and shall remain in full force and effect, the same as if the Ordinance contained no illegal or void provlslonso SECTION V. REPEALER. All ordinances or parts of ordinances In conflict with the provisions of this Ordinance are hereby repealed. Passed and approved this $50.00 Not done after normal working hours MAYOR A TIEST: CITY CLERK Approved by pw,dmln\oh32,l.ord ///7 ",..", 'u', " ' " , ,: " " , , , "____~' c, ,_ , 0' _ ' _ ' c ,', ' "";<,,,,,,,,,,:, -'..<":",'4!:,':'l:;/,I" ,<-:',0,: , "', ,:",::;,,:,' :",' '~':o,; "..' c ,....: L., : 1~' ',' xl":' "I " ~',~ '" \ I r', ' .' ',1 - . ,\,....-.:-' ,"',..-.,.. . '_.' I '.I,~ ,', .' t' " ). I . '., ~ , _ [, '" I '" . ' . , . '. , It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby MGDonald Novick First Consideration Vote for passage: Second Consideration Vote for passage: Date published \ 11/7 I i I I I I , I I j' I , i I \ ~~.;:(. .'~' ' ,>.. <_L,' I:,; :'. I '~"" ." . : ,',' .- t'" \ .:-:. " ,:,',-' 7;', ,-I ' I '" ,,' " ,,', ','" I~' , I~'" ,. I- 'J " '," ,"',,',';0 ~~':'" j.,....;.~ ',':l.~::'.~\ ~l~\-.' :"'~;l' '.:'. ",', ,,,.j, ,',;.",:\"~ '. ~ I 111[-9 OROINANCE NOo 93-3580 OROINANCE AMENDING CHAPTER 3201. ENTITLED 'TAXATION AND REVENUES' OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 3201.70 TO REVISE FEES FOR TRANSIT VEHICLE CHARTER SERVICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. Chapter 32.1. 'Taxation and Revenues' of the Code of Ordinances of the City of Iowa City. Iowa. be, and the same is hereby amended by repealing Section 32.1-70, and enacting in lieu thereof a new section to read as follows: Sec. 32.1-70. Fees or Charges Authorized In Chapter 30. Municipal Code Section Authorizing Fee Charge, Fine or Penalty: Description of Fee, Charge, Fine or Penalty: Charge: Sec. 30.10 Charges for use of facilities, andlor personnel: 1. For use of city transit vehicle $30000 per vehicle per hour 2. For use of city transit operator $15.00 per per hour $45.00 per hour plus fuel tex surcharge 30 For use of city transit vehicle and operator SECTION II. SEVERABILITY: If any provisions of this Ordinance are for any reason declared Illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions. shall be and remain in full force and effect, the same as if the Ordinance contained no Illegal or void provisions. Illf ~'V""'" \ ".. -- - .".-'---- . .. ........-...-~---.......---r-, ...... - - . - .,.- -- ,- .-.... 'O:"<'7I,I::':~I,.,O:'_"I':"'''''''' ,'.':: ".., ..,:,'... ..' 'I~ ',....., I,,"" , ' , '. "", 0 ~. .' ,,,.~"";.,','::'i~:~"" .,~,j.' , '>i,_;-: I'" < .. ." ,'~ ",~ . :..,...~> Ordinance No. 93- 3580 Page 2 SECTION III. REPEALERo All ordinances and parts of ordinances in confiict with the provisions of this Ordinance are hereby repealedo SECTION IV. EFFECTIVE DATE: This Ordinance shall be In full force and effect from and after its final passage and publication, as provided by law. ATTEST: ~/~-uJ ~ ~AJ CIT LERK ci=y:~~ C' y Attorney's Office Af / :> /, 1/ "'I' '1.3 p.,b&rlc\chrlllrv,Dfd . ..".- ...... .....,... --~ ///8 I,'.. <''j'I: :: :'+1\ ", 'I' ,: 1:).' ',,: ,,' ,; ''',,' I;::"~ :', ': ':. ..,..w, ',~~J '.. ;"~'d" ,\:1 .,\ ,'I ", - . " ' . ~ " "': "r " ',:: , ,,;,1.,.,;:,,-,': ,~~: :',0,,:.: , "C" r, "" ,." , " " .' It was moved by McDonn 1 d and seconded by as read be adopted, and upon roll call there were: "org'~it~ that the Ordinance AYES: NAYS: ABSENT: ~ ...K.- --2L- X Ambrisco Courtney Horowitz Kubby -X---- ...lL- McDonald Novick First Consideration 4/27/93 Vote for passage: AYES: Courtney, Horowitz, Kubby, Novick. Ambrisco. NAYS: None. ABSENT: HcDonald. Second Consideration 5/11/93 Vote for passage: AYES: Ambrisco, Courtney, Horowitz. Kubby. McDonald, Novick. NAYS: None. ABSENT: None. Date published 6/16/93 \ I/lg ....' V"'" , , "...-- v- - . ....... ., ....... ~- ....". ~ - '-r- -. ,.. 1~~:~ ';~';i!~' '~>~:~SI' - ;: - '<;.;;~/: 1" .".1,'. "{':~~' ,'~': ,:' ~: .',:~ .'., < \, ':I,~, i' 1\. :: \.:~ ", ...' .' J'" "] ~ '.,' ..I,:. '1 . 11.. '" L '.'" "...,. " '.1 ",,' .'" , :,rj,~l-: L't~. ...11";"" '. ;>",1;,:. ,':; ~",\,-I '-.', ~~'_..' I ,I':"', ';~~ ;'L ..tJ~>;':.'I~~f1r.t~.~~t~~:~'/I).')~t!1l ~~; ':i, \i~.I' " :',.. 't~' ; ~'\ "',,:': t ':.' ::\ i:' \i':,'L , ~. ,'" ," ~,I >., ,/,.. ",L. ,,'.1: 'I' ..,_.,.......,......"."....."...,.,.".,,, -.,..,... ~ -,.." ,',."".,..~. "......" ..~.., ,....,\,..'.v" ~ ~ .........- .... ......"lol " 1f4ot.....