Chapter 5
SOLID WASTElinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260
4-5-1: PURPOSE AND GOALS:
4-5-2: INTEGRATION WITH STATE STATUTES AND ADMINISTRATIVE RULES:
4-5-3: DEFINITIONS:
4-5-4: SANITARY DISTRICT ESTABLISHED (REP. BY ORD. 752, 6-3-2013):
4-5-5: CITY ENTERPRISE:
4-5-6: STORAGE, COLLECTION AND DISPOSAL OF SOLID WASTE:
4-5-6A: STORAGE AND COLLECTION OF RESIDENTIAL SOLID WASTE AND RECYCLABLE MATERIAL:
4-5-7: STORAGE, COLLECTION AND REMOVAL OF COMMERCIAL SOLID WASTE:
4-5-8: RECYCLING:
4-5-9: HAZARDOUS ACCUMULATIONS:
4-5-10: UNLAWFUL DEPOSITING OR DISPOSAL OF SOLID WASTE AND YARD WASTE:
4-5-11: YARD WASTE:
4-5-12: HAZARDOUS AND PROHIBITED MATERIALS:
4-5-13: TRANSPORTATION EQUIPMENT:
4-5-14: SOLID WASTE COLLECTION:
4-5-15: UNUSUAL WASTE:
4-5-16: EXTRA FEE WASTE REMOVAL:
4-5-17: RESIDENTIAL COLLECTION CHARGES:
4-5-17A: FINANCE CHARGES:
4-5-18: NONRESIDENTIAL COLLECTION CHARGES:
4-5-19: COLLECTION OF UNPAID SOLID WASTE CHARGES:
4-5-20: EXEMPT OR REDUCED CHARGE COLLECTIONS:
4-5-21: RATES AND CHARGES:
4-5-22: TRANSFER STATION:
4-5-23: COLLECTION RATE REVIEW BOARD:

4-5-1: PURPOSE AND GOALS: linklink


The purpose of this chapter is to provide for the storage, collection, handling and disposal of waste materials generated in the city; to establish regulations concerning waste which are consistent with and in compliance with state and federal requirements; and to protect the community from such hazards to health, safety and welfare as might otherwise result from the storage, collection, handling and disposal of solid waste. The city's waste goals are:


A. To reduce, to the extent reasonably possible, the volume of solid waste;


B. To encourage, promote and accomplish recycling of materials that would otherwise become solid waste;


C. To maintain and operate a system of solid waste and recyclables collection and disposal, which is efficient, practical and cost effective;


D. To prevent the accumulation or improper disposal of waste materials;


E. To prevent littering; and


F. To maintain a clean and attractive community. (Ord. 399, 3-18-1991, eff. 4-1-1991; Ord. 521, 11-16-1999, eff. 1-1-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892697
4-5-2: INTEGRATION WITH STATE STATUTES AND ADMINISTRATIVE RULES: linklink

It is the intent of the city council, in adopting this chapter, to comply with all applicable state statutes and administrative rules and regulations which now exist or may hereafter be created and the provisions of this chapter shall be so interpreted.

In the event that any provision of this chapter is found to be irreconcilable with any provision of Iowa law or validly enacted Iowa administrative rules and regulations, the state statutes and rules shall control. (Ord. 399, 3-18-1991, eff. 4-1-1991)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892698
4-5-3: DEFINITIONS: linklink


A. Administrative Rules: Terms used in this chapter which are defined in section 567-100.2 of the administrative rules of the Iowa environmental protection commission shall be defined as provided in that section, which is hereby adopted by reference.


B. Terms Adopted: Terms used in this chapter which are defined in section 455B.301 of the Iowa Code shall have the definitions provided in that section, which are hereby adopted by reference.


C. Iowa Code: Terms used in this chapter which are defined in section 455B.411 of the Iowa Code shall be defined as provided in that section, which is hereby adopted by reference.


D. Owner: The term "owner" shall mean the record titleholder; any person residing in, renting, leasing, occupying, operating or transacting business in any premises; and, as between such parties, the duties, responsibilities, liabilities and obligations herein imposed shall be joint and several.


E. Person: The term "person" shall mean any individual, firm, partnership, domestic or foreign corporation, company, association, trust or other legal entity and includes a trustee, a receiver, assignee or representative thereof, but does not include a governmental body. (Ord. 399, 3-18-1991, eff. 4-1-1991)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892699
4-5-4: SANITARY DISTRICT ESTABLISHED: linklink

(Rep. by Ord. 752, 6-3-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892700
4-5-5: CITY ENTERPRISE: linklink

The regulation, handling, collection, transportation and disposal of solid waste and residential recyclable material is hereby declared to be a city enterprise under the authority, control and direction of the city council. No person shall collect or transport solid waste or residential recyclable material within the city for compensation, except as specifically provided in this chapter. Collection and transportation of solid waste and residential recyclable material within the city is deemed to be a matter of such importance to the public health, safety and welfare and is found to be subject to state of Iowa requirements such that solid waste and residential recyclable material collection, transportation and disposal shall be conducted by the city exclusively.

Notwithstanding the foregoing provisions, persons other than the city may collect the following solid waste in the city:


A. Tires.


B. Hazardous substances, used oils and solvents.


C. Yard waste.


D. Appliances and electronic equipment.


E. Other materials generated from commercial activities collected for the purpose of recycling or reuse and not for disposal at a sanitary landfill.


F. Material transported to a central collection point by the generator of the material. (Ord. 752, 6-3-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892701
4-5-6: STORAGE, COLLECTION AND DISPOSAL OF SOLID WASTE: linklink

At every location in the city where solid waste is produced, the owner shall, in accordance with the requirements of this chapter, store and provide for the collection and disposal of solid waste. (Ord. 752, 6-3-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892702
4-5-6A: STORAGE AND COLLECTION OF RESIDENTIAL SOLID WASTE AND RECYCLABLE MATERIAL: linklink


A. Solid Waste And Recycling Receptacles: Residential solid waste and recycling material shall be stored in and set out for collection in receptacles owned by the city and issued to residential solid waste and recyclable material generators. A solid waste receptacle (64 gallon capacity) and a separate recyclable material receptacle (95 gallon capacity) will be issued to each residence for which a residential solid waste collection fee is charged. These receptacles shall remain the property of the city and shall be maintained by the city. Each such receptacle bears a number and is assigned to a specific address. The receptacles are to remain at the address when occupancy changes. If receptacles are damaged or lost through the neglect or misuse of the property owner/user, the receptacle shall be repaired or replaced at the expense of the property owner/user. Only receptacles issued by the city shall be used for solid waste or recyclable material to be collected by the city.


B. Residential Storage And Collection: At each site for which a residential solid waste collection fee is paid pursuant to section 4-5-21 of this chapter, a city issued solid waste container, not exceeding one hundred fifty (150) pounds in weight, may be placed at the curb for collection each week.


C. Placement Of Solid Waste Receptacles:

1. No solid waste or recycling containers shall be kept, stored or maintained on a portion of a residential lot bounded by the front lot line, the side lot lines and the front wall of the building line as extended to the side lot lines, except:

a. A temporarily placed solid waste container for the collection of construction waste when a building permit has been issued for the location.

b. Solid waste containers may be placed in an enclosure which screens the container from view at a location which has been approved by the city and for which a permit has been issued by the city.

c. Residential solid waste and recycling containers may be placed at the curb, but not more than twelve (12) hours before the scheduled time of collection and shall be removed from the curb area within eight (8) hours after collection. Receptacles shall be placed with the opening facing the street and within two feet (2') of the curb or traveled way and no closer than five feet (5') from a mailbox or similar structure. If two (2) receptacles are placed, they shall be at least twelve inches (12") apart. Collection shall be made only from the adjacent street. Collection shall be made by the city once each week, unless collection is precluded by weather conditions or a legal holiday.

d. If no occupant of a premises, due to physical disability or other hardship, is able to place solid waste or recycling containers at the street for collection, such occupant may make application to the city manager for solid waste and recyclable material to be collected from another point. The city may request a statement from a licensed physician stating that a permanent disability or hardship prohibits the owner/user from placing the containers at the street.


D. Residential Collection Charges: For the purpose of paying the cost of solid waste collection as provided herein, there shall be a charge to each residential living unit within the city (except those units in a single structure which include more than 12 such units) a monthly solid waste collection fee as provided in section 4-5-21 of this chapter.

By agreement with Spencer municipal utilities, such monthly solid waste collection fee may be included on residential monthly utility bills issued by Spencer municipal utilities.


E. Unusual Waste: Collection of unusual solid waste from residences of such items as furniture, appliances, carpeting or other objects or materials which cannot be placed in customary solid waste containers will be accomplished by the city in a manner agreed to between the owner and the city. To make arrangements for the collection of such unusual waste, the owner shall phone or contact the city and arrange for the time and place of removal at least twenty four (24) hours in advance of the desired removal time.


F. Excess Residential Solid Waste: Residential solid waste in excess of one receptacle per week shall be collected and disposed of only if there is paid an additional monthly fee, as provided in the schedule of rates and charges incorporated in section 4-5-21 of this chapter. (Ord. 752, 6-3-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892703
4-5-7: STORAGE, COLLECTION AND REMOVAL OF COMMERCIAL SOLID WASTE: linklink


A. Mandatory Commercial Storage And Collection: The owner or operator of a business conducted at a site or location in the city of Spencer, unless exempted as provided below, shall pay a minimum monthly solid waste collection fee equal to the rate for two (2) bags collected once per week as set out in section 4-5-21 of this chapter. In consideration of the payment of this monthly charge, each such business owner or operator may place two (2) bags not exceeding fifty (50) pounds each or one 64-U.S. gallon capacity city issued and owned container, not exceeding one hundred fifty (150) pounds in weight for collection week.

The following activities are exempt from the minimum solid waste collection fee:

1. Home occupations lawfully conducted in a residence for which a residential solid waste collection fee is paid.

2. Farmland located within the corporate limits of the city.

3. Seasonal businesses that operate less than thirty (30) days in a calendar year.

4. Those businesses, not otherwise exempt, which establish, to the satisfaction of the city public works director, that no solid waste is generated at the site of the business. Such businesses shall be issued a letter of exemption by the public works director or his designee.


B. Commercial Solid Waste: Commercial solid waste shall include all solid waste generated by enterprises or activities other than residential living units. A single structure which contains more than twelve (12) separate living units shall be treated as a commercial enterprise or as individual rental units, at the owner's option. If commercial, the property shall be subject to the provisions of this chapter concerning commercial collection.

Solid waste generated from commercial activities shall be collected by the city at such times and places as shall be agreed to between the owner and the city, but in a manner which will prevent unsafe accumulations of solid waste.


C. Commercial Collection Charges: Rates and charges for commercial collection shall be as specified in section 4-5-21 of this chapter. These charges shall be billed monthly, or at other regular intervals by the city, and shall be paid at city hall. Commercial collections charges will be billed to the Spencer address of the business or facility to which the service was provided. (Ord. 752, 6-3-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892704
4-5-8: RECYCLING: linklink

The city of Spencer encourages the recycling of waste materials and has implemented and operates a program for the collection and recycling of recyclable materials. Recyclable materials produced from Spencer residences shall be collected without fee or charge pursuant to the provisions of subsection B of this section. Recyclable cardboard shall be collected from commercial enterprises that choose to participate in the city's commercial cardboard recycling program, as provided in subsection A of this section.


A. Commercial Cardboard Recycling: Each commercial enterprise in the city of Spencer that desires to participate in the city's commercial cardboard recycling program shall so advise the city. The city will provide such commercial solid waste customers a separate, clearly identified cardboard recycling container. The commercial customer shall place only clean, uncontaminated cardboard in this separate container. The city will periodically collect, as reasonably necessary, the cardboard material. All material placed in the city's container for collection shall become the property of the city.


B. Residential Recyclable Material:

1. Collection shall be made by the city, on a schedule determined by the public works department.

2. Collection shall be made from the adjacent street.

3. Residentially generated recyclable material shall be placed only in containers approved and distributed by the city.

4. Only residential recyclable material specified in rules adopted by the public works department shall be placed in residential recyclable containers.

5. All recyclable material placed in the city's container for collection shall become the property of the city.


C. Other Means Of Recycling: No provision of this chapter is intended to prohibit, restrict or discourage the recycling of waste material by means other than placing recyclable material in approved containers for collection by the city. All residents and operators of commercial and industrial facilities are encouraged to consider and accomplish recycling of waste material by other lawful means. (Ord. 752, 6-3-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892705
4-5-9: HAZARDOUS ACCUMULATIONS: linklink

It shall be unlawful for any person to permit to accumulate on any premises, or on any public place, such quantities of solid waste as to constitute a health or safety hazard. (Ord. 399, 3-18-1991, eff. 4-1-1991)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892706
4-5-10: UNLAWFUL DEPOSITING OR DISPOSAL OF SOLID WASTE AND YARD WASTE: linklink


A. No person shall place or deposit any solid waste or yard waste upon any public property, except for the purposes of collection and disposal as hereinafter provided and permitted, nor place nor deposit any solid waste on any private property, except with the express permission of the property owner.


B. No person shall place or deposit, or cause to be placed or deposited, in any public storm sewer, stormwater drainage ditch, waterway, river or other drainageway, any material of any form, type or nature, the placement of which would alter, impede, block or otherwise detrimentally affect or restrict the flow of water.


C. No person shall place or deposit yard waste at any yard waste disposal site established, maintained or controlled by the city unless the yard waste originated from property within the city or within the boundaries of any city or county which has entered into a contract with the city for the disposal of yard waste.


D. No person shall place or deposit solid waste in any solid waste receptacle or container, except such receptacle or container which is owned or controlled by the person or designated by the city for their use.


E. No person shall place or deposit solid waste at any solid waste disposal site established or controlled by the city unless:

1. For residential solid waste:

a. The person is a resident of the city or of a city or county which has entered into a contract with the city for solid waste disposal; and

b. The solid waste has been generated within the corporate limits of the city or within the corporate limits of any city or county which has contracted with the city for solid waste disposal.

2. For commercial solid waste:

a. The person or business entity pays to the city the established charge for commercial solid waste disposal; and

b. The solid waste has been generated within the corporate limits of the city or within the corporate limits of any city or county which has contracted with the city for solid waste disposal.


F. Violation of any provision of this section shall be a simple misdemeanor. The fine for a first violation of any provision of this section by a person during a twelve (12) month period shall not be less than fifty dollars ($50.00), and the fine for a second violation of any provision of this section by the same individual in a twelve (12) month period shall be one hundred dollars ($100.00). (Ord. 399, 3-18-1991, eff. 4-1-1991; Ord. 445, 6-7-1993; Ord. 472, 8-19-1996)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892707
4-5-11: YARD WASTE: linklink


A. Definition: "Yard waste" means debris such as grass clippings, leaves, garden waste, brush and trees. Yard waste does not include tree stumps.


B. Disposal: Yard waste may be disposed of in any manner permitted under this code and the laws of the state. Such methods may include incineration, composting or collection, transportation and disposal by private commercial enterprises or by the city in the manner hereinafter provided.


C. Mix With Solid Waste: No yard waste shall be intermingled with solid waste. No yard waste shall be disposed of at any sanitary landfill.


D. Disposal Sites: Yard waste may be delivered to a site designated by the city for the deposit of yard waste, brush and tree limbs. All bags shall be removed after depositing any yard waste at the designated site. Alternatively, yard waste, brush or tree limbs tagged for curbside pick up shall be placed in plastic bags, except that brush or tree limbs too large to be placed in bags shall be tied in bundles not exceeding four feet (4') in length or fifty (50) pounds in weight.

A fee for collection for yard waste shall be imposed as provided in section 4-5-21 of this chapter.


E. Compost: Composting yard waste shall not create a nuisance. Compost shall not be placed closer than six feet (6') to the property line. (Ord. 399, 3-18-1991, eff. 4-1-1991; Ord. 752, 6-3-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892708
4-5-12: HAZARDOUS AND PROHIBITED MATERIALS: linklink

No person shall deposit in a solid waste container or otherwise offer for collection any hazardous materials, used oil, solvents or lead acid batteries. Such materials shall be transported and disposed of by the owner or his agent in a safe manner and in accordance with this code and the laws of the state. (Ord. 399, 3-18-1991, eff. 4-1-1991)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892709
4-5-13: TRANSPORTATION EQUIPMENT: linklink

All solid waste shall be transported in and from the city only in vehicles which are watertight and otherwise so constructed so as to prevent spilling or draining of solid waste from such vehicle during transit. (Ord. 399, 3-18-1991, eff. 4-1-1991)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892710
4-5-14: SOLID WASTE COLLECTION: linklink


A. Commercial Solid Waste: Commercial solid waste shall include all solid waste generated by enterprises or activities other than residential living units. A single structure which contains more than twelve (12) separate living units shall be treated as a commercial enterprise or as individual rental units, at the owner's option. If commercial, the property shall be subject to the provisions of this chapter concerning commercial collection.

Solid waste generated from commercial activities shall be stored as above provided and shall be collected by the city at such times and places as shall be agreed to between the owner and the city but in a manner which will prevent unsafe accumulations of solid waste.


B. Residential Collection:

1. Residential solid waste shall be placed for collection within three feet (3') of the adjacent street or alley.

2. Collection shall be made by the city once each week, unless collection is precluded by weather conditions or a legal holiday.

3. Collection shall be made from the adjacent street or alley.

4. If an owner, due to physical disability or other hardship, is unable to place solid waste at the street or alley for collection, such owner may make application to the city manager for solid waste to be collected from another point.

5. Normal residential waste shall be that amount which can be placed in two (2) solid waste receptacles as defined in section 4-5-6A of this chapter, per week. Additional volume of residential solid waste shall be collected and disposed of only as provided under section 4-5-16 of this chapter. (Ord. 399, 3-18-1991, eff. 4-1-1991; Ord. 521, 11-16-1999, eff. 1-1-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892711
4-5-15: UNUSUAL WASTE: linklink

Collection of unusual solid waste from residences of such items as furniture, appliances, carpeting and other objects or materials which cannot be placed in customary solid waste containers will be accomplished by the city in a manner agreed to between the owner and the city. To make arrangements for the collection of such unusual waste, the owner shall phone or contact the city and arrange for the time and place of removal at least twenty four (24) hours in advance of the desired removal time. The city shall designate one day in each week upon which unusual waste shall normally be collected. (Ord. 399, 3-18-1991, eff. 4-1-1991)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892712
4-5-16: EXTRA FEE WASTE REMOVAL: linklink


A. Tires: Rubber tires which have become solid waste shall be collected and disposed of by the city for a special fee as below provided.


B. Yard Waste: Yard waste shall also be collected by the city for a special fee as below provided. Such yard waste shall be placed either in clear, heavy duty plastic bags designed for such storage or in permanent containers which can be lifted by one person. Branches shall be tied in bundles not exceeding four feet (4') in length and two feet (2') in diameter. Such materials may be placed on the parking area in residential areas for pick up not more than twelve (12) hours before the normal time of collection.


C. White Goods And Appliances: A separate charge shall be imposed for the disposal of the following appliances (sometimes referred to as "white goods"): ovens, stoves, ranges, clothes washers, clothes dryers, air conditioners, furnaces, ice machines, dehumidifiers, hot water heaters, freezers and refrigerators.

A charge shall be collected for all such "white goods" delivered to the transfer station, as provided in the schedule of rates and charges incorporated in section 4-5-21 of this chapter.

Such "white goods" shall be collected from residences, if there is attached to the item to be collected adhesive tags indicating payment of the disposal charge specified in the schedule incorporated in section 4-5-21 of this chapter.


D. Tag System: Citizens shall pay the required fees provided under this section by purchasing adhesive "tags", which shall be made available by the city for purchase at outlets in the community in denominations of seventy five cents ($0.75) per adhesive tag.

Adhesive tags equal in amount to the required fee shall be affixed to the tires or yard waste in a clearly visible location when the waste is placed at the curb or alley for collection. Such items to which there is not attached clearly visible tags indicating payment of the required fee will not be collected.


E. Other Extra Charge Items: Extra charges will be made for other items delivered to the transfer station or collected as specified in the schedule of rates and charges as incorporated in section 4-5-21 of this chapter. (Ord. 399, 3-18-1991, eff. 4-1-1991; Ord. 456, 8-15-1994; Ord. 499, 8-3-1998, eff. 1-1-1999; Ord. 521, 11-16-1999, eff. 1-1-2000; Ord. 645, 6-19-2006, eff. 7-1-2006; Ord. 752, 6-3-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892713
4-5-17: RESIDENTIAL COLLECTION CHARGES: linklink

For the purpose of paying the costs of solid waste collection as provided herein, there shall be a charge to each residential living unit within the city (except those units in a single structure which include more than 12 such units) a monthly solid waste collection charge as provided in section 4-5-21 of this chapter.

By agreement with Spencer municipal utilities, such monthly solid waste collection charge as specified in section 4-5-21 of this chapter may be included on residential monthly utility bills issued by Spencer municipal utilities. (Ord. 399, 3-18-1991, eff. 4-1-1991; Ord. 416, 6-1-1992, eff. 7-1-1992; Ord. 638, 11-7-2005; Ord. 737, 5-7-2012, eff. 7-1-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892714

The section below has been affected by a recently passed ordinance, 815 - LATE PAYMENT PENALITY FOR SOLID WASTE CHARGES. Go to new ordinance.

4-5-17A: FINANCE CHARGES: linklink

There shall be imposed, on any solid waste charge made by the city which is not paid by the due date, a finance charge of one and one-half percent (11/2%) per month.


A. Residential Charges: For purposes of computing the finance charge, the "due date" shall be the date twenty (20) days following the date of the statement. If a statement is paid within twenty (20) days of the date of issuance, no finance charge shall be collected. If a statement is not so paid, the finance charge authorized by this section shall be imposed and paid.


B. Commercial Charges: Commercial solid waste charges are due on the tenth day of the month. If a statement is paid on or before the tenth day of the month, no finance charge shall be collected. If a statement is not so paid, the finance charge authorized by this section shall be imposed and paid.


C. Statements: All solid waste statements issued by the city shall include the following notice:

A finance charge equal to 11/2% per month shall be imposed if payment is not made by the due date.

(Ord. 416, 6-1-1992, eff. 7-1-1992)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892715
4-5-18: NONRESIDENTIAL COLLECTION CHARGES: linklink

Rates and charges for nonresidential collection shall be as specified below. These charges shall be billed monthly or at other regular intervals by the city and shall be paid at city hall. (Ord. 399, 3-18-1991, eff. 4-1-1991)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892716
4-5-19: COLLECTION OF UNPAID SOLID WASTE CHARGES: linklink


A. Comprehensive solid waste user charges shall be delinquent when a charge has been unpaid for a period of two (2) months following the billing date.


B. Delinquent solid waste charges are a lien against the property served. When charges become delinquent, the city may terminate service to the property and/or may certify the delinquent charges to the Clay County treasurer to be collected in the same manner as real property taxes, all pursuant to the provisions of section 384.84 of the code of Iowa.


C. Termination of solid waste collection service to a property or certification of delinquent solid waste collection charges to the county treasurer shall not be accomplished until ten (10) days after a written notice is sent by ordinary mail by the city to the account holder, which notice shall include the amount of the delinquent charges and shall notify the account holder that, if the charges are not paid in full, service will be terminated and/or that the amount of the delinquent charges will be certified to the county treasurer for collection. The notice shall further notify the account holder that a hearing may be requested before the city manager prior to the discontinuance of service.

If the account holder is a tenant and if the owner or landlord of the property has made a written request for notice to the city, the notice shall also be given to the owner or landlord.


D. If the account holder, owner or landlord requests a hearing before the city manager, the city manager shall promptly schedule and hold a hearing and determine if termination of service is justified. The city manager shall promptly notify the interested parties of his decision.


E. An administrative fee of twenty dollars ($20.00) shall be added to delinquent accounts certified to the county treasurer for collection.


F. In addition to the foregoing solid waste charge collection procedures as authorized under section 384.84 of the Iowa Code, the city shall also have and reserves the right to collect unpaid solid waste collection charges by filing an action for collection in the Clay County small claims court. (Ord. 399, 3-18-1991, eff. 4-1-1991; Ord. 459, 9-19-1994; Ord. 752, 6-3-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892717
4-5-20: EXEMPT OR REDUCED CHARGE COLLECTIONS: linklink

The city manager, or his designee, is hereby authorized by the city council to authorize collection of solid waste from community or nonprofit organization activities at a reduced charge or for no charge. Such activities may include, for example and without limitation, the Clay County fair, Flagfest and nonprofit organization special events or activities. (Ord. 399, 3-18-1991, eff. 4-1-1991)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892718

The section below has been affected by a recently passed ordinance, 816 - SOLID WASTE RATES AND CHARGES. Go to new ordinance.

4-5-21: RATES AND CHARGES: linklink
Rates and charges pursuant to this chapter are set out as follows:

RATES ADOPTED JULY 1, 2015 - JUNE 30, 2016

SOLID WASTE RATES  
 
Monthly Scheduled Commercial Rates  
           
Service M - S   1 Yd.
Container  
11/2 And 2 Yd.
Container  
4 Yd.
Container  
6 Yd.
Container  
8 Yd.
Container  
           
1 day/week per month   $  39 .25   $  65 .50   $  90 .25   $ 106 .50   $139 .50  
2 day/week per month   73 .75   123 .25   155 .75   205 .00   279 .00  
3 day/week per month   106 .50   172 .50   229 .75   303 .75   418 .50  
4 day/week per month   139 .50   229 .75   303 .75   402 .25   558 .25  
5 day/week per month   172 .50   287 .25   378 .50   500 .50   697 .75  
6 day/week per month   196 .75   344 .75   451 .25   599 .00   837 .25  
** Saturday surcharge rate $28.75 per container dumped  
 
Monthly Scheduled Commercial Area-Bag Pick Up (M - F)  
           
1 day/week   $21 .75          
2 day/week   29 .50          
3 day/week   34 .50          
 
Unscheduled Commercial Dumping Charges ($25.00 Container Charge [Includes Delivery And Pick Up])  
       
  Per Dump   Shingles    
       
1 yd. container   $17.50      
11/2 and 2 yd. container   $23.00   $60.00    
4 yd. container   $45.50   $120.00    
6 yd. container   $68.25   $180.00    
8 yd. container   $91.00   n/a    
10 yd. roll-off   $150.00   $300.00    
20 yd. roll-off   $300.00   $600.00    
25 yd. roll-off   $365.00   $750.00    
30 yd. roll-off   $435.00   n/a    
1 hopper   $29.00 each      
Eaton sludge tank   $676.00 each      
       
Rent On Containers (Rent Is Charged When Not Dumped Twice A Month)    
       
1 yd., 11/2 yd., 2 yd.   $11.50 per month      
4 yd., 6 yd., 8 yd.   $17.25 per month      
10 yd.   $35.00 per month      
20 yd., +   $75.00 per month      
       
Compactor Industrial Rates      
       
30+ yd. container   $400.00 per dump      
40 yd. container   $460.00 per dump      
Dumping Charges At Transfer Station    
   
General solid waste    
$14.50 CY const./nonconst.    
$23.00 CY shingles    
   
Special Items At Transfer Station    
   
White goods - $15.00 each    
Furniture - $7.00 stuffed chairs, couches, mattresses, TVs  
Tires - $2.00 car, $5.00/SmTk/17.5 - 19.5", $9.00 LgTk/semi, $35.00 ExLg  
Tires w/rims - $2.00 extra    
Carpet - $14.50/CY    
Batteries - $3.00 each    
   
Curbside Pick Up-Special Items    
   
White goods - $20.00 each    
Furniture - $12.00 stuffed chairs, couches, mattresses, TVs    
Tires - $3.00 car, $6.00/SmTk/17.5 - 19.5", $9.75 LgTk/semi, $40.00 ExLg    
Tires w/rims - $2.25 extra    
Carpet - $18.50/CY    
Batteries - $6.00 each    
Grass - $0.75 each bag (Thurs. and Fri.)    
Leaves - $0.75 each bag (Thurs. and Fri.)    
Brush - $0.75 each bundle (Thurs. and Fri.)    
       
Residential Units        
     
All single-family dwellings   $16.32 each per month    
All mobile homes   $16.32 each per month    
All units within a dwelling $16.32 each (ex: 3 apts. in 1 house is $16.32 per unit or $48.96) (any unit with 12 or more units is $16.32 each for first 12, $11.42 each for 13 - 20, $8.16 each for over 21)  
           
COMMERCIAL RECYCLING RATES  
           
Monthly Scheduled Commercial Recycling Rates  
           
Service W & F Only   2 Yd.
Container  
4 Yd.
Container  
6 Yd.
Container  
   
           
1 day/week per month   $16 .50   $22 .50   $26 .75      
2 day/week per month   30 .75   39 .00   51 .25      
On call rates   11 .50   22 .75   34 .25      


RATES ADOPTED JULY 1, 2016 - JUNE 30, 2017

SOLID WASTE RATES  
 
Monthly Scheduled Commercial Rates  
           
Service M - S   1 Yd.
Container  
11/2 And 2 Yd.
Container  
4 Yd.
Container  
6 Yd.
Container  
8 Yd.
Container  
           
1 day/week per month   $  40 .00   $  66 .75   $  92 .00   $108 .75   $142 .25  
2 day/week per month   75 .25   125 .75   158 .75   209 .00   284 .50  
3 day/week per month   108 .75   176 .00   234 .25   309 .75   426 .75  
4 day/week per month   142 .25   234 .25   309 .75   410 .25   569 .50  
5 day/week per month   176 .00   293 .00   386 .00   510 .50   711 .75  
6 day/week per month   200 .75   351 .75   460 .25   611 .00   854 .00  
** Saturday surcharge rate $28.75 per container dumped  
 
Monthly Scheduled Commercial Area-Bag Pick Up (M - F)  
           
1 day/week   $22 .25          
2 day/week   30 .00          
3 day/week   35 .25          
 
Unscheduled Commercial Dumping Charges ($25.00 Container Charge [Includes Delivery And Pick Up])  
       
  Per Dump   Shingles    
       
1 yd. container   $17.50      
11/2 and 2 yd. container   $23.00   $60.00    
4 yd. container   $45.50   $120.00    
6 yd. container   $68.25   $180.00    
8 yd. container   $91.00   n/a    
10 yd. roll-off   $150.00   $300.00    
20 yd. roll-off   $300.00   $600.00    
25 yd. roll-off   $365.00   $750.00    
30 yd. roll-off   $435.00   n/a    
1 hopper   $29.00 each      
Eaton sludge tank   $676.00 each      
       
Rent On Containers (Rent Is Charged When Not Dumped Twice A Month)    
       
1 yd., 11/2 yd., 2 yd.   $11.50 per month      
4 yd., 6 yd., 8 yd.   $17.25 per month      
10 yd.   $35.00 per month      
20 yd., +   $75.00 per month      
       
Compactor Industrial Rates      
       
30+ yd. container   $400.00 per dump      
40 yd. container   $460.00 per dump      
   
Dumping Charges At Transfer Station    
   
General solid waste    
$14.50 CY const./nonconst.    
$23.00 CY shingles    
   
Special Items At Transfer Station    
   
White goods - $15.00 each    
Furniture - $7.00 stuffed chairs, couches, mattresses, TVs    
Tires - $2.00 car, $5.00/SmTk/17.5 - 19.5", $9.00 LgTk/semi, $35.00 ExLg    
Tires w/rims - $2.00 extra    
Carpet - $14.50/CY    
Batteries - $3.00 each    
   
Curbside Pick Up-Special Items    
   
White goods - $20.00 each    
Furniture - $12.00 stuffed chairs, couches, mattresses, TVs    
Tires - $3.00 car, $6.00/SmTk/17.5 - 19.5", $9.75 LgTk/semi, $40.00 ExLg    
Tires w/rims - $2.25 extra    
Carpet - $18.50/CY    
Batteries - $6.00 each    
Grass - $0.75 each bag (Thurs. and Fri.)    
Leaves - $0.75 each bag (Thurs. and Fri.)    
Brush - $0.75 each bundle (Thurs. and Fri.)    
       
Residential Units        
     
All single-family dwellings   $16.65 each per month    
All mobile homes   $16.65 each per month    
All units within a dwelling $16.65 each (ex: 3 apts. in 1 house is $16.65 per unit or $49.95) (any unit with 12 or more units is $16.65 each for first 12, $11.65 each for 13 - 20, $8.32 each for over 21)  
 
COMMERCIAL RECYCLING RATES  
 
Monthly Scheduled Commercial Recycling Rates  
 
Service W & F Only   2 Yd.
Container  
4 Yd.
Container  
6 Yd.
Container  
   
           
1 day/week per month   $16 .75   $23 .00   $27 .25      
2 day/week per month   31 .50   39 .75   52 .25      
On call rates   11 .50   22 .75   34 .25      
RATES ADOPTED JULY 1, 2017 - JUNE 30, 2018

SOLID WASTE RATES  
 
Monthly Scheduled Commercial Rates  
           
Service M - S   1 Yd.
Container  
11/2 And 2 Yd.
Container  
4 Yd.
Container  
6 Yd.
Container  
8 Yd.
Container  
           
1 day/week per month   $  40 .75   $  68 .00   $  93 .75   $111 .00   $145 .00  
2 day/week per month   76 .75   128 .25   162 .00   213 .25   290 .25  
3 day/week per month   111 .00   179 .50   238 .00   316 .00   435 .25  
4 day/week per month   145 .00   239 .00   315 .00   418 .50   581 .00  
5 day/week per month   179 .50   298 .75   393 .75   520 .75   726 .00  
6 day/week per month   204 .75   358 .75   469 .50   623 .25   871 .00  
** Saturday surcharge rate $28.75 per container dumped  
 
Monthly Scheduled Commercial Area-Bag Pick Up (M - F)  
           
1 day/week   $22 .75          
2 day/week   30 .50          
3 day/week   36 .00          
 
Unscheduled Commercial Dumping Charges ($25.00 Container Charge [Includes Delivery And Pick Up])  
       
  Per Dump   Shingles    
       
1 yd. container   $17.50      
11/2 and 2 yd. container   $23.00   $60.00    
4 yd. container   $45.50   $120.00    
6 yd. container   $68.25   $180.00    
8 yd. container   $91.00   n/a    
10 yd. roll-off   $150.00   $300.00    
20 yd. roll-off   $300.00   $600.00    
25 yd. roll-off   $365.00   $750.00    
30 yd. roll-off   $435.00   n/a    
1 hopper   $29.00 each      
Eaton sludge tank   $676.00 each      
       
Rent On Containers (Rent Is Charged When Not Dumped Twice A Month)    
       
1 yd., 11/2 yd., 2 yd.   $11.50 per month      
4 yd., 6 yd., 8 yd.   $17.25 per month      
10 yd.   $35.00 per month      
20 yd., +   $75.00 per month      
       
Compactor Industrial Rates      
       
30+ yd. container   $400.00 per dump      
40 yd. container   $460.00 per dump      
     
Dumping Charges At Transfer Station    
   
General solid waste    
$14.50 CY const./nonconst.    
$23.00 CY shingles    
   
Special Items At Transfer Station    
   
White goods - $15.00 each    
Furniture - $7.00 stuffed chairs, couches, mattresses, TVs    
Tires - $2.00 car, $5.00/SmTk/17.5 - 19.5", $9.00 LgTk/semi, $35.00 ExLg    
Tires w/rims - $2.00 extra    
Carpet - $14.50/CY    
Batteries - $3.00 each    
   
Curbside Pick Up-Special Items    
   
White goods - $20.00 each    
Furniture - $12.00 stuffed chairs, couches, mattresses, TVs    
Tires - $3.00 car, $6.00/SmTk/17.5 - 19.5", $9.75 LgTk/semi, $40.00 ExLg    
Tires w/rims - $2.25 extra    
Carpet - $18.50/CY    
Batteries - $6.00 each    
Grass - $0.75 each bag (Thurs. and Fri.)    
Leaves - $0.75 each bag (Thurs. and Fri.)    
Brush - $0.75 each bundle (Thurs. and Fri.)    
       
Residential Units        
     
All single-family dwellings   $16.98 each per month    
All mobile homes   $16.98 each per month    
All units within a dwelling $16.98 each (ex: 3 apts. in 1 house is $16.98 per unit or $50.94) (any unit with 12 or more units is $16.98 each for first 12, $11.88 each for 13 - 20, $8.49 each for over 21)  
 
COMMERCIAL RECYCLING RATES  
 
Monthly Scheduled Commercial Recycling Rates  
 
Service W & F Only   2 Yd.
Container  
4 Yd.
Container  
6 Yd.
Container  
   
           
1 day/week per month   $17 .00   $23 .50   $27 .75      
2 day/week per month   32 .00   40 .50   53 .25      
On call rates   11 .50   22 .75   34 .25      

(Ord. 782, 4-20-2015, eff. 7-1-2015)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892719
4-5-22: TRANSFER STATION: linklink

The city maintains a solid waste transfer station at 3101 West 18th Street. Solid waste materials may be transported to this transfer station by citizens of the community and placed in designated containers or areas for disposal. Charges will be imposed for solid waste delivered to the transfer station pursuant to the schedule of rates and charges incorporated in this chapter. (Ord. 399, 3-18-1991, eff. 4-1-1991)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892720
4-5-23: COLLECTION RATE REVIEW BOARD: linklink

For purposes of administering the provisions of this chapter and to ensure that the charges imposed upon the citizens of Spencer for solid waste collection services are reasonably fair and equitable, there is hereby established a solid waste collection rate review board (hereinafter, the "board").


A. Membership; Organization: The board shall consist of three (3) persons appointed by the council for terms of four (4) years. Members shall serve without compensation, but may receive their actual expenses. Vacancies shall be filled in the same manner as original appointments. A chairman of the board shall be chosen by the council.


B. Duties Of The Board: It shall be the duty of the board to accept, consider and rule on applications from citizens of Spencer for partial refunds of solid waste collection charges.


C. Procedure: The board is empowered to adopt rules, forms and regulations to aid in the performance of its duties, which rules and regulations shall be maintained in the office of the city clerk, and which shall be available for public inspection during normal business hours.

Any citizen of the city may make application to the board for partial relief from solid waste collection charges, based on special circumstances or financial hardship.

The board is empowered to consider and rule on such application according to its rules and regulations and to grant the applicant partial relief in the form of a partial refund of solid waste collection charges paid.

The rules and regulations of the board notwithstanding, any applicant who desires an oral hearing shall be granted such a hearing before the board, upon prior written notice.

In all cases, applications shall be decided within forty five (45) days of submission.


D. Secretary And Records: The Spencer city clerk shall be the secretary of the board. The clerk or deputy shall attend board meetings and keep minutes thereof and shall maintain records of the board's action.

The clerk shall make available to the public, upon request, statistical information as to the number of applications received and the amount of relief granted, but the names of applicants shall remain confidential. (Ord. 416, 6-1-1992, eff. 7-1-1992; Ord. 428, 10-19-1992)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16260#s892721