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HomeMy WebLinkAbout1989-07-25 OrdinanceI ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 36, THE ZONING ORDINANCE, BY AMENDING SECTION 364(c)(u) AND 36- 23(b) TO DEFINE USED MERCHANDISE STORES AND TO PERMIT THEM IN THE COMMERCIAL INTENSIVE ZONE Pd ATTEST:. - CITY CLERK Approved as to Form Le at Department 3 -'P9 WHEREAS, used merchandise stores share the r>. r characteristics of other uses in the CI -1, Commercial Intensive .. Zone, particularly the need for storage space; and WHEREAS, used merchandise stores will be compatible with the uses currently allowed in the CI -1 zone; and WHEREAS, used merchandise stores are not currently defined In the Zoning Ordinance and a definition of. such stores is necessary.. -. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. That Section 36-4(c)(u) Is amended by adding the following: (h Used Merchandise Stores. Stores engaged In the retail sale of used merchandise and second hand + goods such as clothing, furniture, books, shoes, or household appliances. Such stores shall not _ Include those selling used vehicles or auto pans, or scrap or waste dealers. :SECTION -II:- - AMENDMENT; ThatSection 36-23(b) be amended by, adding the following: (19.1) Used Merchandise Stores. + ..�SECTIONTILREPEALER,.' All ordinances and. parts of -' ordinances In conflict with the provisions of this Ordinance are hereby repealed. ' S•'+ :'.. SECTION IV. SEVERABILITY. If any section, provision or pan. . "of:lhe 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 V.EFFECTNE DATE: This Ordinance shall be in 1 , -•�: .'. effect after,. its final passage, approval and publication as required by taw. Passed and approved this j MAYOR Pd ATTEST:. - CITY CLERK Approved as to Form Le at Department 3 -'P9 j r>. r ■ City of Iowa City MEMORANDUM Date: June 9, 1989 To: Planning and Zoning Commisslon /J From: Karin Franklin, Senior Plan Re: Zoning Ordinance Amendment - Second Hand Stores In January of this year, the Commission was approached by the owner of the Second Act, a used clothing store, requesting that clothing consignment stores be permitted by right in the CI -1, Commercial Intensive zone. A letter from Melissa Williams is attached. At that time the Commission placed the issue on the pending list to be dealt with after the Comprehensive Plan and childcare, The Commission has made Its recommendation on the Comprehensive Plan and the work on childcare has begun and may take some time. The amendment for second hand stores can be addressed more quickly. Attached is an ordinance which permits "used merchandise stores" in the CI -1 zone and defines used merchandise stores as those which engage in the retail sale of second hand goods such as clothing, furniture, books, shoes, or household appliances. (Note that the sale of furniture and appliances is a use permitted by right in the CI -1 zone now regardless of whether the goods are new or used.) These stores would not include the sale of used vehicles or auto parts, or scrap or waste dealers. This definition would include consignment businesses, such as Ms. Williams suggested, and the direct retail sale of used goods purchased by the proprietor of the store or donated by individuals, such as a Salvation Army outlet. CI -1 Zone - Background The commercial intensive, CI -1 zone was originally adopted in 1983 to fulfill primarily two purposes: 1) to provide areas for sales and services that are characterized by outdoor display, storage or sale of merchandise and other land consumptive uses, and 2) to distinguish areas, such as the Highland/Gilbert Court area, that had developed under M-1 zoning from areas where exclusively Industrial uses should be located (1.1 and 1-2). Under M-1 zoning in which any use was permitted, the Highland/Gilbert Court area developed as a wide variety of uses, When the CI -1 zone was adopted, the ordinance included as permitted uses many existing uses that might not typically be found in an intensive commercial zone but were included so as not to make existing uses non -conforming, Thus there is an unusual mixture of uses in CI - 1 areas that cover development existing In 1983, Despite this mix of uses the intent of the zone remains to provide a place for land consumptive uses and discourage retail uses per se which were to be located In retail core areas, The question before the Commission is whether the use proposed - used merchandise stores - conforms to the Intent of the zone. The staff Is not convinced that it does. The rationale for a change in the ordinance presented by Ms. Williams rests in an economic consideration, and at least in her case, a need for space, The economic consideration that rents in the "retail" zone are too high for this type of business is a difficult argument to use to justify a change since it is an argument that can be used by many establishments, The need AR 73 j i�. jI � \ i' for space directly relates to the Intent of the CIA zone. Although more storage and "processing" space may be necessary for many used merchandise stores, it is questionable that the space required is equivalent to that required for intended CI -1 uses, such as that required for a furniture store or a farm implement dealership. There are currently six used merchandise stores that deal primarily with clothing in the retail zones of CB -10 and CC -2: Ragstock, Red Rose Old Clothing, two Goodwill outlets, Second -Hand Rosie's, and the Second Act. (For the Commission's information we also know of three stores currently located in the CIA zone: Bevy Boutique, the Crowded Closet, and the Budget Shop.) Other than the Goodwill plant outlet, and possibly the Budget Shop, none of these establishments can be, in the staffs opinion, reasonably considered land consumptive. Staff Recommendation Given the Intent of the CI -1 zone, as stated in the ordinance, the staff recommends that the attached amendments to the Zoning Ordinance to define used merchandise stores nd permit their establishment in the CI -1 zone be denied. , Approved by: ��� elft.(' .� Do Schmeiser, Director Planning and Program Development tp5-10 Iowa City Planning and Zoning Commission January 26, 1989 Dear Planning and Zoning Commission, JAN 2 71989 P.P.U. UrrAk IIYICNT I own the Second Act, a used clothing store that has been in business at 2203 F Street in Iowa City for the past nine years, The Second Act operates on a consignment basis, which means that people bring me things to sell for them on a 50-50 basis. For the past three years I have been searching for a larger location, either an existing building or commercial land to put up a building on. It was at this time that I discovered that the second hand clothing industry was not named as a permitted use under CIA classification. I think that second hand clothing stores should be added to the list of permitted uses. Let me begin by asking you a question, Do you buy used clothes? If you are like most people in Iowa City the answer is no. If you are like most people, you are a traditional shopper. You shop at the old Capitol Center,, you shop at Sycamore Mall,, you shop at discount stores. These . stores are all zoned CC/2, and attract a higher level of foot and vehicle - traffic than consignment stores. They also have much higher gross sales than consignment stores, and can support the higher cost of real estate in CC/2. areas. In addition, these stores can afford to spend more money on visual presentation, displays and marketing, which keeps up the uniform Mall image, and to sustain the amount of traffic or business. The second hand clothing is also different in that people bring large quantities of clothing to consign. It is important that there be ample" parking right at my front door for their convenience. There are also differences in the way merchandise is stored. Currently, at least a third Of my floor space is not retail space, but storage for goods that are not in season. Even more storage space is essential for marking, cleaning, and reviewing upcoming inventory. Thus, unlike other retailers, our business is closer to being an industrial use of a building. At this point I would like you to consider specifically designating clothing consignment stores as a permitted use in the intensive commercial zone Cl/1. Thank you for your consideration, and I would be happy to answer any further questions you might have. Sincerely, Melissa J, Williams Proprietor, The Second Act 2203 F Street Iowa City, IA 52240 338-8454 A 7 j i i {{I1 A 7 j i Iowa City City Council h July 20th, 1989. D JUL 2 G 1989 MARIAN K. KARR Dear Council Members, CIN CLERK (1) Enclosed in this packet you will find my request that you pass the j amendment to thw znninm nrdinanre_ to nnrmit sornnA hanA rin*hinn C j :UL 2 0 1989 20 July 89 MARIAN K. KARR I CITY CLERK (1) 1 Councilmemberss ' As the owner of Houseworks, a resale store in Iowa City, I I would like to express my support for the proposed amendment to the zoning ordinance which would allow consignment clothing stores to operate in the CI -1 zones. I believe the locations currently available for the operation of consignment stores do not adequately meet the space and parking needs of the consignment clothing j li _:. industry r ' Allowing these stores to operate in CI -1 zones would provide these shops with the ample adjacent parking that is a "must" for the successful operation of such a store. It also would make available the space required for sorting, processing and storage of consigned merchandise. I , I believe the proposed use to be compatable with the uses already permitted in the CI -1 zone. 1 1: I encourage you to act favorably upon Melissa Williams' I request. ' Sin ere san Scott t +: i ORDINANCE NO. 89-3426 i ORDINANCE VACATING A PORTION OF FIRST STREET RIGHT-OF-WAY E%TENDING WEST OF GILBERT STREET WHEREAS, First Street is a partially -improved local street with the right-of-way terminaling at the east bank of Ralston Creek, which coincides with the east property fine of the Iowa City Sewage Treatment Plam; and WHEREAS, First Street, west of Gilbert Street, has limited public value by serving to provide access to only two (2) properties, Aero Rental and the office of the IDOT Residence j Maintenance Engineer at the southwest comer of First and Gilbert Streets; and iWHEREAS, to assure continued public access to the IDOT I office, the south 51 feet of the east 120 feet of First Street rigM-of•way will be retained as a public street and WHEREAS, the City does not anticipate the need to extend First Street to the west, which would require crossing Ralston Creek, to provide future access to the sewage treatment plant; and WHEREAS, it Is in the public Interest to vacate the dgMof- :. _ way described below as unneeded right-of-way; and WHEREAS, upon vacation of the right-cf•way, below, Aero Rental, as abutting property owner at 227 IOrkwood Avenue, has agreed to grant sanitary sewer easements to the City In consideration for conveyance of the vacated dgMoFway. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF. THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. That the City of Iowa City hereby vacates that portion of First Street legally described below: . That portionof First Street lying west of a line lying parallel . to and 120 feel west of the east line of Block 2, Of Cook, .. Sergeant and Downey's Addition to Iowa City, Johnson County, according to the recorded plat thereof and the north nine (9) feet of First Street lying south of and adjacent to Lots 9 and 10 of Block 2 of Cook, Sergeant - and Downey's Addition to Iowa City,. Johnson County, according to the recorded plat thereof, SECTION II. REPEALER: All ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed... -02 —1% SEVERABIIJTY: K any section, provision or pert W the Ortlinance shall be adjudged to be Invalid or unconstsutional, 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. EFF DATE:. This Ordinance shall be In effect after its final passage, approval and publication as required by law. 19assed and approved this 25th day of July, R ATTEST: CfTY C RK' i ApprovedIle to Form egal Department L /d2 9;4 I It was moved by,• and seconded by Horowitz that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Second Consideration 7/11/89 . Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco, Balmer. Nays: None. Absent: None. Date published 8/2/89 Moved by Larson, 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 first consideration be waived and the ordinance be given second consideration at this time. Ayes: Balmer, Courtney, Horowitz,'Kubby, Larson, McDonald, Ambrisco. Nays: None. Absent: None. r i i 1 ORDINANCE NO. 89-3427 AN ORDINANCE AMENDING CHAPTER 15, ENTITLED "GARBAGE, TRASH AND REFUSE," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTIONS 15-2, 15-29, 15-62, 15-63 AND 15-64 THEREOF, AND ENACTING IN LIEU THEREOF NEW SECTIONS TO BE CODIFIED THE SAME, DEFINING APPLIANCES, PROVIDING FOR THE COLLECTION AND DISPOSAL OF APPLIANCES AND TIRES, PROVIDING FOR THE DISPOSAL OF VEHICLE BATTERIES AND WASTE OIL, ESTABLISHING FEES FOR THE COLLECTION OR DISPOSAL OF SUCH ITEMS, DECLARING THAT CERTAIN SOLID WASTES ARE NOT SUBJECT TO COLLECTION, AND PROVIDING PENALTIES FOR PLACING SUCH WASTES FOR COLLECTION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 15-2 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 15.2. Definitions. For the purpose of this chapter, the following terms shall be deemed to have the meanings indicated below: A.I. 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 and stereo systems, and any device containing an electric motor or any electric capacitor. B.I. Bulky rubbish means nonputrescible solid wastes consisting of combustible and/or noncombustible waste materials which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors with the equipment available, except appliances. C.I. Commercial solid waste means solid waste resulting from the operation of any commercial, industrial, institutional, agricultural or other establishment and multiple housing facilities with more than four (4) dwelling units. D.I. Demolition and construction waste means waste materials from the construction or destruction of residential, industrial or commercial structures. 2. Director means the city manager or his/her authorized representative. 3. Disposable solid waste container means disposable plastic or paper sacks specifically designed for storage of solid waste and with a capacity of twenty (20) to thirty-five (35) gallons. 4. Dwelling means a building which is wholly or partially used or intended to be used for residential occupancy. /3Oz. i I is II � Ordinance No. 89-3427 Page 2 5. Dwelling unit means any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating of meals. E. -F. Reserved. G.I. Garbage means putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving, or consumption of food. H.1. Hazardous wastes includes but is not limited to pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials. I. -N. Reserved. 0.1. Occupancy means any person, who alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or tenant. P.I. Processing means incinerating, composting, bailing, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced. Q. Reserved. R.I. Refuse means solid waste. 2. Residential solid waste means solid waste resulting from the maintenance and operation of single-family, duplex, tri-plex, and four-plex dwellings, including solid waste from operation of a home occupation meeting the requirements of the zoning ordinance. 3. Rooming unit means any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used, or intended to be used primarily for living and sleeping. A rooming unit shall have bath and toilet facilities available for exclusive use by the occupants or for communal use and, in addition, 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. S.I. Solid waste means unwanted or discarded waste materials in a solid or semisolid state, including but not limited to garbage, ashes, street - refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes, and demolition and construction wastes. 2. Solid waste container means a receptacle used by any person to store solid waste during the interval between solid waste collections. 3. Solid waste disposal means the process of discarding or getting rid of unwanted material; in particular, the final disposition of solid waste. /3oa- 0 Ordinance No. 89-3427 Page 3 4. Solid waste management means the entire solid waste system of storage, collection, transportation, processing and disposal. 5. Storage means keeping, maintaining, or storing solid waste from the time of its production until the time of its collection. T.1. Transportation means the transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area. U. -X. Reserved. Y.I. Yard wastes means grass clippings, leaves, tree and bush trimmings. Z. Reserved. SECTION 2. That Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 15-29 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 15-29. Permit required. No person shall engage in the business of collecting, transporting, processing or dispose of solid waste within the corporate limits of the city without first obtaining an annual permit from the city; provided, however, that this provision shall not be deemed to apply to employees of the holder of any such permit. No permit shall be required for the collection and transportation of earth and rock material from grading or excavation activities. SECTION 3, That Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 15-62 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 15-62. Collection. (a) Residential dwellings. Once per week, as reasonably possible, the city shall collect all residential solid waste resulting from the operation and maintenance of single-family, duplex, tri-plex, and four-plex dwellings, all as defined in the zoning ordinance, when each dwelling or dwelling unit is located on its own lot with frontage on a public street. The director is authorized to adopt regulations pursuant to which the city may contract to provide residential solid waste collection to other dwellings, and the director is authorized to enter into written agreements to collect solid waste from other dwellings. This residential solid waste collection shall be mandatory and private collection shall not be allowed. The director may exempt qualifying dwellings from the applicability of this subsection if he/she finds that the dwelling and an adjacent establishment are part of one complex of buildings serving a unified purpose, and solid waste from the dwelling is /302. r t i s- Ordinance No. 89-3427 Page 4 being collected along with commercial solid waste from the adjacent establishment. Those dwellings receiving city refuse collection service on the effective date hereof, and which would not receive such service under the terms of this subsection, may continue to receive city refuse collection service, but if such service is voluntarily discontinued by the owner of any such dwelling, city refuse collection service shall no longer be available to such dwelling. (b) Collection of appliances, bulky rubbish and tires. Appliances and tires discarded from use at premises to which collection services are provided by the city will be collected at such residential premises upon prior request and arrangement with the City. The resident at 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 upon prior request and arrangement with the City if it does not exceed reasonable limitations of weight and bulk to be fixed by regulations to be made and promulgated by the director. (c) Certain wastes not subject to collection. The city will not collect any of the following materials from any premises served by city solid waste collection service: vehicle batteries; waste oil; or any substance or material determined to be hazardous or unacceptable for collection by the director. The director may adopt regulations specifying additional substances and materials not subject to collection, and may enforce such regulations after they have been promulgated to all premises and persons subject to city solid waste collection. Vehicle batteries and waste oil are subject to disposal at city solid waste disposal facilities as provided in Section 15-64. It is prohibited for any person to obtain or attempt to obtain city collection of solid wastes or other substances or materials herein declared not subject to collection. Such violation shall constitute either a misdemeanor or a municipal infraction. The City's costs for retrieving such substances or materials from the collection vehicle or from the disposal site, and/or for cleaning up the collection vehicle or disposal site, shall be chargeable to the solid waste collection account for the residence where such substances or materials were placed for collection. (d) Tree limbs, yard wastes. Tree limbs greater than four (4) inches in diameter shall be collected as bulky rubbish. Tree limbs and yard wastes created by commercial tree service operations or by the clearing of land for construction will not be collected. (e) Times and location of containers for pickup. Solid waste containers, tree limbs and yard wastes as described in sections 15-49 and 15-50, respectively, and other solid waste permitted to be placed at the curb, shall be placed at the curb of the street upon which the dwelling fronts for collection. Placement of solid waste for collection shall occur prior to 7:00 a.m. on the regularly scheduled collection day, but shall not occur /302. Ordinance No. 89-3427 Page 5 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 place as near as reasonably possible to the side or back of any permanent building on the property. (f) Responsibility of owner/user for compliance. The owner of any dwelling containing two (2), three (3) or four (4) dwelling units shall be responsible for compliance with the provisions of section 15-62(e). For single-family dwellings, the person who pays the solid waste collection fee shall be responsible for compliance with the provisions of section IS - 62(e); if no person pays the fee, the owner shall be responsible. (g) Certain premises not eligible for solid waste collection by city. The city shall not collect any commercial solid waste, except from its own property; nor shall the city collect any residential solid waste from any dwelling units within a structure which in addition contains the operation of any commercial, industrial, institutional, agricultural or other establishment. SECTION 4. That Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 15-63 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 15-63. Responsibility of collectors. (a) Solid waste collectors shall be responsible for the collection of solid waste from the point of collection to the transportation vehicles provided the solid waste was stored in compliance with sections 15-47(a) and (b), 15-48, 15-49 and 15-50 of this chapter. Any spillage or blowing litter caused as a result of the collection activities of the solid waste collector shall be collected and placed in the transportation vehicles by the solid waste collector. (b) All solid waste transportation vehicles shall be maintained in a safe, clean and sanitary condition, and shall be constructed, maintained and operated to prevent spillage of solid waste. All vehicles used for transportation of solid waste shall be constructed with water -tight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste, or, as an alternative, the entire bodies shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers. (c) Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities; however, all such material shall be conveyed in tight vehicles, trucks or receptacles, constructed and maintained so that none of the material being transported shall spill upon the public right-of-way. (d) Transportation and disposal of demolition and construction wastes shall be in accordance with this section and 15.64. i- li j 1 I 4 Ordinance No. 89-3427 Page 6 SECTION 5. That Chapter 15 of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 15-64 thereof, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 15-64. Disposal. (a) Solid wastes shall be deposited at a processing facility or disposal area consistent with all requirements of city and state law. (b) The director may adopt regulations classifying certain wastes as hazardous or special wastes and may, pursuant to said regulations, prohibit disposal of such wastes at the landfill or require special handling thereof. (c) Disposal of batteries and waste oil. Persons, firms, or corporations residing or located in Johnson County, Iowa, may dispose of batteries and waste oil from their private or commercial vehicles by delivering same to locations approved by the director, provided that such waste were generated by activities or operations occurring in whole or in part in Johnson County. (d) Disposal of appliances at landfill. Persons, firms or corporations residing or located in Johnson County may dispose of appliances at the Iowa City Landfill upon payment of the required fee as provided in the Schedule of Fees, Section 32.1-55 of the City Code, provided that such wastes were generated by activities or operations occurring in whole or in part in Johnson County. Appliances deposited at the Iowa City Landfill in a crushed condition, or so damaged as to prevent removal of capacitors or ballasts, shall be subject to a surcharge fee as provided in the Schedule of Fees, Section 32.1-55 of the City Code. (e) Disposal of tires at landfill, Persons, firms, or corporations residing or located in Johnson County may dispose of tires at the Iowa City Landfill upon payment of the required fee as provided in the Schedule of Fees, i Section 32.1-55 of the City Code, provided that such wastes were generated i by activities or operations occurring in whole or in part in Johnson County. (f) Appliances and tires to be separated from other solid wastes for disposal. Appliances and tires may not be mixed with other solid wastes delivered to the landfill for disposal. Persons, firms, or corporations disposing of appliances or tires at the landfill shall separate those items from other solid waste materials, and shall deliver and unload them at the sites designated for disposal of such items. (g) Disposal of prohibited or hazardous wastes or improper disposal - penalties. It is prohibited for any person, firm, or corporation to dispose, or attempt to dispose, of hazardous or prohibited wastes at the Iowa City City Landfill in a manner or in a location other than that provided by the director pursuant to subsection (b) above. It is prohibited for any person, firm, or corporation to dispose, or attempt to dispose, of appliances or tires at the Iowa City Landfill in a manner or at a location other than that provided pursuant to subsections (c) and /,3ox i I i i i I I. i i Ordinance No. 89-3427 Page 7 (d) above. Violations of this provision, or of regulations adopted by the director pursuant to subsection (b) above, shall constitute either a misdemeanor or a municipal infraction. The City's costs for retrieving such substances or materials from the disposal site, and/or for cleaning up the disposal site, shall be chargeable to the solid waste disposal or collection account of the offending party. Repeated violation of this provision, or of regulations adopted by the director pursuant to subsection (b) above, shall be cause for the City's revocation of the landfill disposal privileges of an offending party, after notice and opportunity for hearing as provided in Chapter 2, Article IX, Administrative Code, Sections 2-184 through 2-192. SECTION 6. SEVERABILITY: If any of the 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. SECTION 7. REPEALER: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 8. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage and publication as by law required. Passed and approved this 25th day of July, 1989. lda��4 /� OR y, ATTEST: I7Ina.e.,." -f� • `K4an� CIT�1 CLERK App v d as o Form 7/719-7 Legal Department i I f' I� ii fI I. i It was moved by Larson and seconded by Nororvitz that the Ordinance as rea e a opte , and upon roll call there were: i AYES: NAYS: ABSENT: 't f ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 32. 1, 'TAXATION AND REVENUES', OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY IOWA BY REPEALING SECTION 321-55 collection fee, fee per tire (b�Landfill use tees Rates Effective: City fee (per ton) State fee (per ton) Total fee (per ton) Minimum tee In lieu of tonnage fees Tire disposal fee, fee per pound, subject to minimum fee. $ 2.00 July 1 July 1 Sept. 1 1988 1989 1989 $7.75 .00 $1.50 $ . $9.25 $10.0 $ 1.35 $ 2.00 $ .05 THEREOF, AND ENACTING IN LIEU THEREOF A NEW SECTION TO BE CODIFIED THE SAME, SETTING THE AMOUNTS OF FEES FOR THE COLLECTION OF APPLIANCES AND TIRES AND FOR THE DISPRSAL OF APPLIANCES AND TIRES AT THE LANDFILL, AND INCREASING THE MINIMUM FEE R LANDFILL USE. BE IT ORDAINED Y THE CITY COUNCIL OF THE CITY OF IOWA CiTY, WA: SECTION 1. That Ch ter 32.1 of the Code of Ordinances of the C' of Iowa City, Iowa, be and the same is hereb amended by repeating Section 32.1-55 t reof, and enacting in lieu thereof a new section to a codified the same to read as follo Sec. 32.1-55. Fee or Che as Authorized in Chapter 1 . Municipal Code Section Authorizing Fee Charge, Fine or Descriptio of Fee, Penalty: Charge, Fine, Penal Charge: Sec. 15-31 Fee for annual solid w s One dollar ($1.00) per collection permit vehicle per year Sec. 15.65(a) Residential solid w to coli ion fees Rates effective f r bills on or er. Sept. 1 Sept. 1 1988 1989 per dwelli unit, per month $5.25 $5.50 per two r oming units, per month $5.25 $5.50 Appli ce collection tee, fee per item toll ed $10.00 collection fee, fee per tire (b�Landfill use tees Rates Effective: City fee (per ton) State fee (per ton) Total fee (per ton) Minimum tee In lieu of tonnage fees Tire disposal fee, fee per pound, subject to minimum fee. $ 2.00 July 1 July 1 Sept. 1 1988 1989 1989 $7.75 .00 $1.50 $ . $9.25 $10.0 $ 1.35 $ 2.00 $ .05 i collection fee, fee per tire (b�Landfill use tees Rates Effective: City fee (per ton) State fee (per ton) Total fee (per ton) Minimum tee In lieu of tonnage fees Tire disposal fee, fee per pound, subject to minimum fee. $ 2.00 July 1 July 1 Sept. 1 1988 1989 1989 $7.75 .00 $1.50 $ . $9.25 $10.0 $ 1.35 $ 2.00 $ .05 a Ordinance No. Page 2 Appliance disposal fee, fee per item disposed Appliance disposal tee, surcharge for crushed or damaged item, fee per Rem disposed Sec. 15-66(a) eposit fee for combined city water d/or sewer and/or solid waste co action accounts. Sec. 15 66(b) Delinq ncy deposit for combined water an or sewer and/or waste / collection ccounts. Sept. 1 1989 $ 3.00 $25,00 Residential (count: $50.00 per combined sidential service for city wat and/or sewer and/or solid wast collection service. Kan amount equal to the average two-month billing for the delinquent account. ,USE. It any of a provisions of this Ordinance are for any then the la ul provisions of this Ordinance, which are Ions, sh be and remain in full force an effect, the same li al oold provisions. nanc<'nd parts of ordinances in conflict with the provisions Dal This Ordinaance shall be in full force and effect from and after as by law p1qvided. �3�3 I i I , .i It was moved by and seconded by that the Ordinance as read e a opte , and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Balmer Courtney Horowitz Kubby Larson McDonald First Consideration 6/27/89 Vote for passage: Ayes: Kubby, Larson, McDonald, Ambrisco, Balmer, Courtney, Horowitz. Nays: None. Absent: None. Second Consideration 7/]]/89 Vote for passage: Ayes:_ Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco, Balmer. Nays: None. Absent: None. Date published /3�3 .,,, .. f i ":? .. :� I 1 fl :� < 1