Chapter 13-Sidewalks, Snow Removal, Sidewalk Obstructions

6-13-1 PURPOSE
6-13-2 DEFINITIONS
6-13-3 SIDEWALK STANDARDS
6-13-4 SIDEWALK REQUIREMENTS
6-13-5 INSPECTION UPON A CHANGE IN OWNERSHIP
6-13-6 PERMITS FOR CONSTRUCTION OR REMOVAL
6-13-7 INSPECTION OF PRIVATE WORK: REMEDIES
6-13-8 BARRICADES AND SIGNAL LIGHTS
6-13-9 INTERFERENCE WITH SIDEWALK IMPROVEMENTS
6-13-10 ORDERING NEW SIDEWALKS
6-13-11 SIDEWALKS REQUIRED UPON NEW CONSTRUCTION
6-13-12 SIDEWALK INSTALLATION/RECONSTRUCTION AS A PART OF FUTURE STREET PROJECTS
6-13-13 REPAIRING DEFECTIVE SIDEWALKS
6-13-14 NOTICE OF ASSESSMENT OF REPAIR
6-13-15 HEARING AND ASSESSMENT
6-13-16 BILLING AND CERTIFYING TO COUNTY
6-13-17 LIABILITY OF ABUTTING OWNERS
6-13-18 FAILURE TO REPAIR OR BARRICADE

REMOVAL OF SNOW AND ICE

6-13-19 DUTY OF PROPERTY OWNER
6-13-20 FAILURE OF OWNER TO REMOVE
6-13-21 REMOVAL BY CITY, ASSESSING COSTS
6-13-22 ASSESSMENT PROCEDURE WHEN REMOVED BY CITY
6-13-23 REMOVAL FROM PRIVATE PROPERTY
6-13-24 REMOVAL FROM COMMERCIAL DRIVES
6-13-25 REMOVAL FROM SIDEWALKS

SIDEWALK OBSTRUCTIONS

6-13-26 PERMIT REQUIRED
6-13-27 INSURANCE REQUIRED
6-13-28 STATE CONCURRENCE
6-13-29 EXEMPTIONS UNDER THE FIRST AMENDMENT
6-13-30 TEMPORARY EXEMPTION
6-13-31 BLANKET EXEMPTION
6-13-32 PERMIT REQUIRED
6-13-33 AREA LIMITED
6-13-34 EXEMPTIONS – U.S. POSTAL SERVICE
6-13-35 PENALTY FOR VIOLATION
6-13-36 STANDARD SPECIFICATIONS

6-13-1 PURPOSE.

The purpose of this ordinance is to place the responsibility for the maintenance, repair, replacement or reconstruction of sidewalks upon the abutting property owner so as to assure safe passage by citizens and minimize the liability of the City.

6-13-2 DEFINITIONS.

For use in this chapter the following terms are defined:

1.) “Broom Finish” means a sidewalk finish that is made by sweeping the sidewalk when it is hardening to create a skid resistant surface.

2.) “Concrete” means Portland cement with a minimum 4,000 PSI.

3.) “Defective Sidewalk” means any public sidewalk exhibiting one or more of the following characteristics:

a.) Vertical separations equal to one (1) inch or more.

b.) Horizontal separations equal to one (1) inch or more.

c.) Holes or depressions or deflections equal to one (1) inch or more and at least four (4) inches in diameter.

d.) Spalling over fifty percent (50%) or more of a single square of the sidewalk with one or more depressions equal to one (1) inch or more.

e.) A single square of sidewalk cracked in such a manner that no unbroken portion is greater than one square foot.

f.) A sidewalk with any part thereof missing to the full depth.

g.) A change from the design or construction grade equal to or greater than three fourths (3/4) inch per foot.

4.) “Established Grade” means that grade established by the City for the particular area in which a sidewalk is to be constructed.

5.) “One-course Construction” means that the full thickness of the concrete is placed at one time, using the same mixture throughout.

6.) “Owner” means the person owning the fee title to property abutting any sidewalk and includes any contract purchaser for purposes of notification required herein. For all other purposes, “owner” includes the lessee, if any.

7.) “Sidewalk” means all permanent public walks in business, residential or suburban areas.

8.) “Sidewalk Improvements” means the construction, reconstruction, repair, replacement or removal, of a public sidewalk and/or the excavating, filling or depositing of material in the public right-of-way in connection therewith.

9.) “Spalling” means breaking up into flakes, chips or fragments.

6-13-3 SIDEWALK STANDARDS.

Unless in contradiction to the City’s Standard Specifications or the Council-approved plans of the City Engineer, sidewalks repaired, replaced or constructed under the provisions of this chapter shall be of the following construction and meet the following standards:

1.) Concrete. Air-entrained Portland cement with a minimum 4,000 PSI shall be used in the construction and repair of sidewalks.

2.) Construction. Sidewalks shall be of one-course construction.

3.) Sidewalk Base. Concrete may be placed directly on compacted and well-drained soil. Where soil is no well drained, a three (3) inch sub-base of compact, clean, coarse gravel, sand, or cinders shall be laid. The adequacy of the soil drainage is to be determined by the Building Official.

4.) Joint Filler. A one-half (1/2) inch non-extruding type expansion joint shall be provided between all sidewalks and adjoining backs of curbs and between intersecting sidewalks and between sidewalks and driveways.

5.) Sidewalk Bed. The sidewalk bed shall be so graded that the constructed sidewalk will be at established grade.

6.) Valves Boxes and Manholes. All water valve boxes and manholes shall be adjusted flush with the sidewalk.

7.) Length, Width and Depth. Length, width and depth requirements are as follows:

a.) Residential sidewalks shall be at least four (4) feet wide and four (4) inches thick, and each section shall normally be scored at four (4) foot intervals, but in no case more than six (6) foot intervals.

b.) Central Business District sidewalks shall extend from the property line to the curb. Each section shall be not less than four (4) inches thick and, at a minimum, shall match the width of existing commercial sidewalks being replaced.

c.) Driveway areas shall be not less than four (4) inches thick for residential applications and not less than six (6) inches in thickness for all other applications including alley crossings.

d.) In areas where sidewalks are something other than 4 feet wide on both sides of a sidewalk meant for reconstruction or replacement, the width of the reconstructed/replaced area may match the existing sidewalks in the immediate area. In situations where a new sidewalk takes off from the end of an existing sidewalk of less than 4 feet in width, the new sidewalk must be at least 4 feet in width.

8.) Location.

a.) Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) one (1) foot from the property line, unless the City establishes a different distance due to circumstances such as for the preservation of existing trees.

b.) Utility companies contemplating the installation of their infrastructure shall not create conflicts or obstacles to the placement of future sidewalks or the reconstruction or maintenance of existing sidewalks. This also applies to streets where sidewalks do not currently exist.

9.) Grade. Curb tops shall be on level with the correct centerline of the street which shall be at the established grade.

10.) Elevations. The street edge of a sidewalk shall be at an elevation even with the curb at the curb where sidewalks adjoin the curb and one-half (1/2) inch above the curb for each foot between the curb and the sidewalk elsewhere.

11.) Slope. All sidewalks shall slope one-quarter (1/4) inch per foot toward the curb.

12.) Finish. All sidewalks shall be finished with a “broom” finish to provide a non-skid surface.

13.) Curb Ramps for Persons with Disabilities. If a street, road, or highway is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the street, road, or highway with a sidewalk or path. If a sidewalk or path is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the sidewalk or path with a street, highway, or road. Curb ramps and sloped areas that are required pursuant to this subsection shall be constructed or installed in compliance with applicable Federal requirements adopted in accordance with the Federal Americans with Disabilities Act, including (but not limited to) the guidelines issued by the Federal Architectural and Transportation Barriers Compliance Board. (Code of Iowa, Sec. 216C.9)

14.) Maintenance and Repairs. The following is permitted:

a.) Grinding may be done to even-out heaved-up sidewalk panes if it results in a compliant sidewalk.

b.) Sidewalk patching may be done but only to fill cracks of one inch or less. Patching or patching material cannot be used to level heaved-up sidewalks or to replace missing pieces of sidewalk.(Ord. 1110, 06-17-13) (Amended during 2014 codification)

6-13-4 SIDEWALK REQUIREMENTS.

Sidewalks are necessary to provide a safe surface for pedestrian traffic to move about within the City. Therefore, the following sidewalk requirements are established within the City:

1.) Building Permit Required. Installation of new sidewalks shall be required with the issuance of a building permit.

2.) Periodic Inspection. On a periodic basis, sidewalks within the City shall be inspected by the City and notice shall be sent to property owners whose sidewalks are in need of repair.

3.) Surveying, If Required. The property owner shall pay for surveying when required.

4.) In the event the owner of property abutting any public sidewalk fails or refuses to perform any act required of the abutting property owner by this or any other related ordinance and in the event an action is brought against the City for personal injuries alleged to have been caused by a defect in or the condition of said sidewalk, the abutting property owner may be liable for damages caused by failure or refusal to maintain the sidewalk and/or to perform any act required of the abutting property owner by this or any other related ordinance. Prior to being held liable for damages, the City shall notify in writing the abutting property owner that it claims the injury was caused by the abutting property owner’s negligence and/or the abutting property owner’s failure to repair the defect or eliminate the condition complained of. The notice shall state the pendency of the action, the name of the plaintiff, the name and location of the court where the action is pending, a brief statement of the alleged facts from which the cause arose, that the City believes that the abutting property owner who is being person notified is liable to it for any judgment rendered against the City, and asking the abutting property owner to appear and defend. A judgment obtained in the suit is conclusive in any action by the City against any abutting property owner so notified, as to the existence of the defect or condition or other cause of the injury or damage, as to the liability of the City to the plaintiff in the first named action, and as to the amount of the damage or injury. The City may maintain an action against the abutting property owner notified to recover the amount of the judgment together with all the expenses, including reasonable attorney fees, incurred by the City in the suit. (Ord. 1123, 1-28-15)

6-13-5 INSPECTION UPON A CHANGE IN OWNERSHIP.

Prior to the sale or transfer of any ownership interest in a lot containing an existing sidewalk, these requirements apply:

1.) City Sidewalk Inspection Required. Before the transfer of ownership, the seller of the interest shall provide the buyer with a written sidewalk inspection report by the City, which shall include whether the sidewalk is compliant with the City’s sidewalk standards. There will be no charge for the City’s report.

2.) If Sidewalk Doesn’t Pass Inspection. In the event that a sidewalk does not pass inspection, the buyer and/or seller shall enter into a binding agreement with the City that will state who is responsible for bringing the sidewalk into compliance, how it will be brought into compliance, and by what date.

3.) Abutting Sidewalks. The City’s sidewalk inspection at the subject property may expand into separate inspections of nearby or neighboring sidewalks. In such cases, the abutting property owner will be notified about the needed repairs.

4.) Not Exempted from Inspections. The inspection requirement applies to all types of ownership transfers not specifically exempted, including when a seller-financed real estate contract is signed.

5.) Exempted from Inspections. The following types of real estate transactions are exempt from the inspection requirement:

a.) Transfer by court order.

b.) Transfers by related parties.

c.) Transfers by spouses in a divorce.

d.) Transfers involving family corporations and partnerships deeding to owners and/or shareholders.
(Ord. 1110, 06-17-13)

6-13-6 PERMITS FOR CONSTRUCTION AND REMOVAL.

No person shall make any sidewalk improvements whether ordered by the City Council or not, unless such person shall obtain a permit from the City Manager (or designee) and shall agree in writing that he/she will, in making the sidewalk improvements comply with ordinances of the City and with the specifications for sidewalks approved by the City Council and on file in the office of the Clerk and that the work shall be done under the direction and supervision of the City Manager (or designee) and subject to the approval of that officer or his/her duly authorized agent. He/she shall also agree to hold the City free from all liability for damages on account of injuries received by anyone through the negligence of such person or his/her agents or employees in making the sidewalk improvements, or by reason of such person’s failure to properly guard the premises. All such permits shall be issued without charge and a copy thereof, together with the written agreement above referred to, shall be filed and preserved in the office of the City Manager. Before granting any permit to make sidewalk improvements, the City Manager (or designee) shall determine the propriety of the same and shall state in all permits issued when the work is to be commenced and when the sidewalk work is to be completed. The time of completion for the sidewalk improvements may be extended by the City Manager (or designee) when in his/her judgment it is deemed necessary. All permits for Council ordered sidewalk improvements shall be issued in compliance with the resolution of the Council ordering the improvement. All permits for sidewalk improvements not ordered by resolution of the City Council shall be issued in compliance with this ordinance. The City Manager (or designee) may withhold the issuance of any permit for any sidewalk improvements for a sufficient period to determine the necessity for the proposed improvements or when weather conditions will adversely affect the sidewalk improvements.

6-13-7 INSPECTION OF PRIVATE WORK: REMEDIES.

All sidewalk improvements shall be done under the direction and supervision of the City Engineer or other duly authorized officer, and subject to the inspection and approval of the Engineer or his/her agent. Whenever any sidewalk improvements are made which do not conform to the provisions of this ordinance and with the specifications herein referred to, or where any sidewalk improvements are made without obtaining a permit as required by this ordinance, or the work is not performed within the time stated in the permit the City Engineer or his/her duly authorized agent, shall serve upon the property owner or his/her agent, and upon the contractor doing the work, a notice to obtain a permit, if not already obtained or, if the sidewalk is in the course of construction, to stop until a permit is obtained or work is corrected in compliance with the specifications. If the sidewalk work has been completed, the owner shall obtain a permit immediately and perform any needed sidewalk improvement within five days from the receipt of said permit, in the proper manner and of proper materials as required by the specifications herein referred to. In case any owner shall fail to do so, the officer authorized by the Council or his/her duly authorized agent shall cause the sidewalk to be constructed, reconstructed, or repaired in a proper manner and of proper materials. There shall be returned to the Council an itemized and verified statement of expenditures of material and of the labor used in doing such work, and the legal description of the lot, part of lot, or parcel of ground abutting the sidewalk on which such work has been performed. The cost thereof shall be assessed to the property fronting thereon.

6-13-8 BARRICADES AND SIGNAL LIGHTS.

Whenever any material of any kind shall be deposited on any street, avenue, highway, passageway or alley when sidewalk improvements are being made or when any sidewalk is in a dangerous condition, it shall be the duty of all persons having an interest therein, either as the constructor or the owner, agent, or lessee of the property in front of or along which such material may be deposited, or such dangerous condition exists, to put in conspicuous places at each end of such sidewalk and at each end of any pile of material deposited in the street, a sufficient number of approved signal lights or flares, and to keep them lighted during the entire night and to erect sufficient barricades both at night and in the daytime to secure the same. The party or parties using the street for any of the purposes specified in this ordinance shall be liable for all injuries or damage to persons or property arising from any wrongful act or negligence of the party or parties, or their agents or employees or for any misuse of the privileges conferred by this ordinance or of any failure to comply with the provisions hereof.

6-13-9 INTERFERENCE WITH SIDEWALK IMPROVEMENTS.

No person shall knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto while in the process of being improved or upon any portion of any completed sidewalk or approach thereto, or shall remove or destroy any part or all of any sidewalk or approach thereto, or shall remove, destroy, mar or deface any sidewalk at any time or destroy, mar, remove or deface any notice provided by this ordinance.

6-13-10 ORDERING NEW SIDEWALKS.

The Council may, by resolution, order the construction or reconstruction of permanent sidewalks upon any street or court. Unless the owners of a majority of the linear feet of the property fronting on the improvement, petition the Council therefore, new permanent sidewalks shall not be made unless three-fourths (¾) of all the members of the Council, by resolution, order the making thereof, all in accordance with state law for special assessments.

6-13-11 SIDEWALKS REQUIRED UPON NEW CONSTRUCTION.

The following requirements will apply to situations that involve the construction of new main structures on lots:

1.) When Sidewalk Construction is Required. Whenever the owner of any property within the City builds a new residential, commercial, or industrial building or structure, said property owner shall construct new sidewalks on the property if no sidewalks presently exist. Any sidewalks so constructed shall connect to the adjoining, existing sidewalks and shall be built to specifications adopted by the City Council. If there are no adjoining sidewalks, the new sidewalks shall be constructed from lot boundary to lot boundary in a location to be directed by the city. Sidewalks must be completed within 6 months after the structure is issued a “certification of occupancy” or the structure is otherwise substantially complete and in use. An extension may be granted by the City Manager who shall report the same to the Council. These extensions may be granted for special circumstances (such as waiting for appropriate weather to do final grading of property) for a period not to exceed twelve (12) months. As a condition for being granted an extension, the property owner shall be required to provide proof of intent to install the sidewalk.

2.) Projects Receiving Public Financing. The City Council may require the construction of sidewalks for any property within the City if the property owner receives public financing (for example, but not limited to, economic development projects) for the development of the subject property.

3.) Empty Lots in New Residential Subdivisions After Five Years. All lots, including empty lots, in residential subdivisions are required to have sidewalks installed by not later than five years after the date that the City Council approves the lots for sale to the public. This provision applies to all residential subdivisions approved by the City Council after August 1, 2013. However, on a case-by-case basis, the Council may, by resolution, allow extensions.

4.) Failure to Construct. If a property owner fails to construct sidewalks as required by this section, the City Manager shall serve notice by certified mail on the property owner, as shown by the records of the county auditor, requiring the property owner to construct the required sidewalks. If the property owner fails to do so within thirty (30) days after the mailing of such notice, the City Manager may cause the required action to be performed and assess the costs against the property owner for collection in the same manner as a property tax. If the amount assessed exceeds $100.00, the assessment may be paid in five (5) annual installments. A failure to construct sidewalks as required by this section also constitutes a municipal infraction.

5.) Non-Applicable Structures. The requirements of this section do not apply to the construction of building additions or accessory buildings.

6.) Exemptions. A property owner can apply for an exemption to the requirements of Section 6-13-11 by meeting at least one of the conditions set out below. However, the City of Maquoketa will be the sole arbiter of whether to grant the exemption.

a.) The proposed sidewalk is not within 500’ of existing sidewalk on either side of the public street that serves the subject property and properties within this distance are not expected to have sidewalks within the foreseeable future unless those properties have undeveloped lots that are part of a subdivision accepted by the City after January 1, 1998.

b.) The grade (or other such condition) of the subject property creates an undue burden or unfeasibility for installing a sidewalk.

c.) By passage of simple motion, the City Council can approve exemptions on a case-by-case basis.

7.) Existing “Sidewalks to Nowhere.” The property owner of a lot with a sidewalk that might have qualified for an exemption under this Section, but installed a sidewalk prior to the effective date of this ordinance may apply for the City Council’s approval, by simple motion, to waive the City’s requirement to remove snow from it provided that the property owner accepts the liability for doing so.
(Ord. 974, 08-05-02) (Ord. 1110, 06-17-13)

6-13-12 SIDEWALK INSTALLATION/RECONSTRUCTION AS A PART OF FUTURE STREET PROJECTS.

As a part of its planning process for future street construction, reconstruction, or surface overlay projects:

1.) New Sidewalks on At Least One Side of a Street. In cases of street projects on streets where sidewalks do not exist, the City Council will consider incorporating the installation of sidewalks on at least one side of each street.

2.) Existing Sidewalks. In cases of street projects where sidewalks currently exist, the City Council will consider incorporating the reconstruction or repair of such sidewalks as part of each project.
(Ord. 1110, 06-17-13)

6-13-13 REPAIRING DEFECTIVE SIDEWALKS.

It shall be the duty of the abutting property owner at any time, or upon receipt of thirty (30) days’ notice from the City, to repair, replace or reconstruct, or cause to be repaired, replaced or reconstructed, all broken or defective sidewalks in the street right-of-way abutting his/her property. If, upon the expiration of thirty (30) days as provided in said notice, the required work has not been done or is not in the process of completion, the officer authorized by the Council may proceed to repair, replace or reconstruct said sidewalks, or cause the same to repaired, replaced or reconstructed. There shall be returned to the Council an itemized and verified statement of expenditures of material and of the labor used in doing such work, and the legal description of the lot, part of lot, or parcel of ground abutting the sidewalk on which such work has been performed. The cost thereof shall be assessed to the property fronting thereon.

6-13-14 NOTICE OF ASSESSMENT OF REPAIR.

Upon the filing of the verified statement, the Clerk shall cause a notice of such facts to be given to the owner of the abutting property provided for in sections 7, 10, 13 either by personal service or by mailing a notice to the last known address of the owner. The notice shall contain a statement of the character of the work performed; a description of the property affected; the amount returned against such lot or parcel of ground; and that the person may pay the amount assessed by a certain date without interest or penalty. The notice shall also indicate that the person may object to such assessment and the notice shall state the place and time at which Council will hear such objections. The time set for hearing shall be not less than ten (10) days after the service or mailing of said notice.

6-13-15 HEARING AND ASSESSMENT.

At the time and place designated in such notice, the Council shall meet, hear, and consider all objections to the whole or any part of such assessment, and shall correct all errors or omissions therein, and after such consideration, the Council shall adopt the corrected list as the amounts to be assessed against the property therein described.

6-13-16 BILLING AND CERTIFYING TO COUNTY.

If, after the adoption by the Council of the final assessment against each lot, part of lot, or parcel of land, any assessment or any part thereof shall remain unpaid for over thirty (30) days after Council determination of correct charges, the Clerk shall certify to the County Treasurer as a special tax against the lot, part of lot, or parcel of ground all unpaid amount, which shall constitute a lien and be collected by the County Treasurer in the same manner as all other taxes. Any assessment which exceeds one hundred dollars ($100.00) may be paid in installments as set by Council, not exceeding ten (10), in the same manner and at the same interest rates as for special assessments under chapter 384, division IV, Code of Iowa. No interest shall be charged for assessments, or part thereof, paid within thirty (30) days of the time that the Council determined the final amounts.
(Ord. 991, 04-19-04)

6-13-17 LIABILITY OF ABUTTING OWNERS.

In the event the owner of property abutting any public sidewalk fails or refuses to perform any act required of the abutting property owner by this or any other related ordinance and in the event an action is brought against the City for personal injuries alleged to have been caused by a defect in or the condition of said sidewalk, the abutting property owner may be liable for damages caused by failure or refusal to maintain the sidewalk and/or to perform any act required of the abutting property owner by this or any other related ordinance. Prior to being held liable for damages, the City shall notify in writing the abutting property owner that it claims the injury was caused by the abutting property owner’s negligence and/or the abutting property owner’s failure to repair the defect or eliminate the condition complained of. The notice shall state the pendency of the action, the name of the plaintiff, the name and location of the court where the location is pending, a brief statement of the alleged facts from which the cause arose, that the City believes that the abutting property owner who is being notified is liable to it for any judgment rendered against the City and asking the abutting property owner to appear and defend. A judgment obtained in the suit is conclusive in any action by the City against any abutting property owner so notified, as to the existence of the defect or condition or other cause of the injury or damage, as to the liability of the City to the plaintiff in the first named action, and as to the amount of the damage or injury. The City may maintain an action against the abutting property owner notified to recover the amount of the judgment together with all the expenses, including reasonable attorney fees, incurred by the City in the suit.

6-13-18 FAILURE TO REPAIR OR BARRICADE.

It shall be the duty of the owner of the property abutting the sidewalk, or their contractor or agent to notify the City immediately in the event they fail or are unable to make necessary sidewalk improvements or to install or erect necessary barricades as required by this ordinance.

REMOVAL OF SNOW AND ICE:

6-13-19 DUTY OF PROPERTY OWNER.

It is the responsibility of the abutting property owner to promptly remove snow, ice and accumulations from the sidewalks. Property owners who own property along the pedestrian trail whose path is greater than four feet (4′) will be required to remove snow and ice from the four foot (4′) portion of sidewalk closest to their property.
(Ord. 899, 06-01-98) (Ord. 1110, 06-17-13)

6-13-20 FAILURE OF OWNER TO REMOVE.

Any owner who shall for a period of twenty-four hours after the cessation of the storm or cause of accumulation, permit snow, ice or accumulations to remain upon the adjoining and abutting sidewalks, is guilty of a misdemeanor.
(Ord. 778, 2-17-92) (Ord. 1105, 10-15-12) (Ord. 1110, 06-17-13)

6-13-21 REMOVAL BY CITY, ASSESSING COSTS.

Should snow, ice, or accumulations be permitted to remain upon any sidewalk for a period of ten (10) daylight hours after the cessation of the storm or the cause of the accumulation, the City Manager shall cause a Notice to be hung on the front door of the premises which Notice shall give the person in possession of the premises ten (10) daylight hours to remove the accumulation on the sidewalks. If the sidewalks have not been cleared within ten (10) daylight hours of the posting of the Notice, then the City street crews shall clear the sidewalk and shall salt or sand.

If the person in possession of the premises fails to remove the accumulation within ten (10) daylight hours of the posting of the Notice, and City crews are required to remove the accumulation, then an administration fee of twenty-five dollars ($25.00) and a material fee to be set by the City Council, shall be assessed against the property owner. The fees assessed shall be collected according to the procedure set forth in 6-13-22.

If the City crews are required to remove an accumulation at a residence after a second or any subsequent Notice posted on the front door of the premises, then the administrative fee assessed against the premises shall be fifty dollars ($50.00) in addition to the material fee. The fees shall be collected as set forth in 6-13-22.

The first and subsequent Notices shall refer to Notices given each winter season.

(Ord. 811, 6-17-93) (Ord. 1062, 11-03-08) (Ord. 1106, 10-15-12)

6-13-22 ASSESSMENT PROCEDURE WHEN REMOVED BY CITY.

When snow, ice or accumulations have been removed from any sidewalk, under the provisions of the preceding Section, the procedure to secure payment of the cost of removal of snow, ice or accumulations to the City shall be as follows:

1. The City Manager shall submit to the Council an itemized and verified statement showing expenditures of material, labor and equipment used in making the removal, the name of the owner or owners of the property, and the description of the lot, part of lot or parcel of ground in front of and abutting upon the sidewalk from which snow, ice or accumulations have been removed.

2. The Council shall examine the verified statement and if found correct shall assess the actual cost of the removal against the lot, part of lot, or parcel of ground and direct the City Clerk to certify the cost and assessments to the County Treasurer and it shall then be collected with, and in the same manner as, general taxes as provided in Section 364. 12 (2) (E) Code of Iowa, 1979.

(Ord. 427, 2-22-71) (Ord. 991, Passed April 19, 2004)

6-13-23 REMOVAL FROM PRIVATE PROPERTY.

No person shall throw, push, or place or cause to be thrown, pushed, or placed any ice or snow from private property, sidewalks, or driveways onto the traveled way of streets so as to obstruct gutters, or impede the passage of vehicles upon the street or to create a hazardous condition thereon.

6-13-24 REMOVAL FROM COMMERCIAL DRIVES.

Where, in the clearing of large commercial drives in the built-up central business district it is absolutely necessary to move the snow onto the streets temporarily, such accumulation shall be removed promptly by the property owner or his/her agent, and only after first making arrangements for such prompt removal of this accumulation at the owner’s cost within a reasonably short time.
(Ord. 527, 2-5-79)

6-13-25 REMOVAL FROM SIDEWALKS.

Snow or ice from sidewalks may be disposed along the curbs of the streets prior to the commencement of the City’s snow removal operations. Snow or ice may not be disposed of on a street after the City’s snow removal operations have been completed on that street. This Section is not applicable to snow or ice from the roofs, parking lots, driveways, and private property other than sidewalks.
(Ord. 531. 3-5-79)

SIDEWALK OBSTRUCTIONS:

6-13-26 PERMIT REQUIRED.

It shall be unlawful for any person or firm or business to place upon or over the public right-of-way or public sidewalk within the City any object, excepting awnings, without first applying for and procuring a permit from City Staff. There shall be no fee for such permit. (Staff may seek Council approval of application if necessary.)
(Ord. 900, 07-06-98)

6-13-27 INSURANCE REQUIRED.

Before any permit shall be issued, each applicant must make application on a form provided by the City Manager and shall file evidence of possession of liability insurance in the minimum amounts of one hundred thousand dollars ($100,000) for bodily injury, two hundred thousand dollars ($200,000) aggregate and one hundred thousand dollars ($100,000) property damage indemnifying the City and/or any person injured or property damage resulting from the object placed in the public right-of-way or public sidewalk. Each applicant shall notify the City Manager of the cancellation of liability insurance.

6-13-28 STATE CONCURRENCE.

An applicant requesting a permit for the placing of an object within right-of-way owned by the State of Iowa must also obtain the concurrence of the Iowa Department of Transportation.

6-13-29 EXEMPTIONS UNDER THE FIRST AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.

Newspaper vending machines and other objects protected by the right of free speech shall be exempted from this ordinance provided such obstructions be located within ten feet (10′) but not nearer than two feet (2′) from the nearest light or utility pole of a recognized municipal street. Such exempted obstructions may not be less than thirty inches (30″) nor more than forty-eight inches (48″) in height; nor less than twelve inches (12″) nor more than thirty inches (30″) in width or depth. Such exempted obstruction shall be colored white, or any other color approved by application in writing to the City Council; and contain no advertising other than the name of the exempted provider or providing organization. Such obstruction, however, shall not be chained, bolted, screwed, nailed, or in any other way attached to any structure or substance on the public right-of-way or public sidewalk. Any subsequent modification of this exemption which is more restrictive shall not exclude existing exemptions.

6-13-30 TEMPORARY EXEMPTION.

Any person or organization owning or renting property adjacent to the public right-of-way or public sidewalk may, upon notification filed with the City Manager, be exempted from 6-13-26 for up to five (5) days each calendar year, provided such notification describes the placement and design of such obstruction and it is deemed neither unsuitably sized nor unsuitably located by the City Manager. Such notification shall be hand-delivered to the City Manager or his/her representative not less than seventy-two (72) hours prior to the placement of such obstruction. The City Manager, acting for reasons related to the safety of the pedestrian, for concerns of visual or aesthetic purposes, or for concerns for the City liability for injury to persons or property, shall notify the applicant within the seventy-two (72) hour period of a decision to deny exemption to such obstruction.

6-13-31 BLANKET EXEMPTION.

Any person representing a recognized organization promoting the betterment of the business climate or quality of life in Maquoketa may apply for a blanket exemption for all members of such organization. Such exemption shall be applied for pursuant to Section 6-13-26 and shall include the specific dates to which such exemption is requested. This application shall include an attached exhibit listing all organization members and the addresses to which the exemption, if granted, shall apply. The obstructions on the public sidewalk under the blanket exemption shall be permitted only during the normal hours of business as designated by the Maquoketa Area Chamber of Commerce.

6-13-32 PERMIT REQUIRED.

All permits are subject to the approval of a majority vote of the City Council. Permits issued under this Section shall be limited to only the Central Business District as defined in Chapter 24, Downtown Business Revitalization Area of Title II, Policy and Administration of this Code.

6-13-33 AREA LIMITED.

Obstructions allowed by permit as authorized in Section 6-13-32 shall be limited to an area of the public sidewalk of no more than five feet (5′) or no more than thirty-three percent (33%) of the full width of the public sidewalk adjacent to the building, whichever is less.

6-13-34 EXEMPTIONS – U.S. POSTAL SERVICE.

The provisions of Section 6-13-26 through 6-13-35 shall not apply to fixtures owned by the U.S. Postal Service.

6-13-35 PENALTY FOR VIOLATION.

Persons who violate or who participate in a violation by commanding or persuading another to violate the provision of this ordinance shall be subject to fines as set forth in Chapter 17, Title III of this Code, entitled Civil Penalty for Municipal Infractions. An employer or an employer’s agent who orders an employee to violate this ordinance or who knowingly permits an employer or person supervised to violate this ordinance shall be guilty of a violation of this ordinance and subject to the penalties set forth in Chapter 17, Title III of this Code, entitled, Civil Penalty for Municipal Infractions.
(Ord. 746; 3-4-91)

6-13-36 STANDARD SPECIFICATIONS.

The construction of portland cement concrete sidewalks, driveways, and handicapped ramps shall be completed in accordance with the Standard Specifications for the City of Maquoketa, Iowa.
(Ord. 804, 03-01-93)(Ord. 1110, 06-17/13)

Chapter 8-Noise Control

6-8-1 PURPOSE
6-8-2 DEFINITIONS
6-8-3 NOISE DISTURBANCES PROHIBITED
6-8-4 SPECIFIC PROHIBITIONS
6-8-5 EXEMPTIONS
6-8-6 PERMIT FOR RELIEF FROM CHAPTER
6-8-7 NOISE SOUND PRESSURE LEVEL MEASUREMENT
6-8-8 INSPECTIONS
6-8-9 ABATEMENT ORDER
6-8-10 SEPARATE OFFENSES
6-8-11 NUISANCE; ABATEMENT
6-8-12 OTHER REMEDIES
6-8-13 CITIZEN SUITS

6-8-1 PURPOSE The purpose of this Chapter is to prevent excessive sound and vibration, which are a serious hazard to public health and welfare, safety and quality of life in the City.

6-8-2 DEFINITIONS All terminology used in this Chapter and not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANS) or its successor body.

1. A-Weighted Sound The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.

2. Ambient Noise The all-encompassing noise associated with a given environment, being usually a composite of sounds from, any sources near and far.

3. Chief of Police The Chief of Police of the City or a duly authorized officer subject to his/her order.

4. Commercial Premises Any premises where offices, clinics, kennels, shopping and service establishments exist.

5. Construction Any equipment of devices, such as but not limited to, pile drivers, power shovels, derricks, hoist tractors, loaders, rollers, concrete hauling motor vehicles, pavement breakers, trenchers, scrapers, wagons, pumps, compressors and pneumatic power equipment, or other mechanical apparatus operated by fuel or electric power in the construction, repair or demolition of any building, structure, land, street, alley, waterway, sewer or appurtenance thereto.

6. Commercial Power Equipment Any equipment or device rated at more than five (5) horsepower and used for home or building repairs or grounds maintenance.

7. Decibel A logarithmic unit of measure often used in measuring volume of sound. The symbol is dB.

8. Device Any equipment or mechanism which is intended to produce or which actually produces sound when operated or handled.

9. Domestic Power Equipment Any equipment or device rated at five (5) horsepower or less and used for home or building repairs or grounds maintenance.

10. Emergency Vehicle A motor vehicle authorized to have sound warning devices such as sirens and bells which can lawfully be used when responding to an emergency, or during a police activity.

11. Emergency Work Work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.

12. Any premise where manufacturing, processing or fabrication of goods or products takes place.

13. Any vehicle such as, but not limited to a passenger vehicle, truck, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power, and shall include motorcycles, snowmobiles, minibikes, go-carts and any other vehicle which is self-propelled.

14. Muffler-Approved Type An apparatus consisting of a series of chambers, baffle plates or other mechanical devices designated for the purpose of receiving and transmitting gases and which reduces sound emanating from such apparatus by at least twenty (20) decibels in the A-weighting network dB(A), from the unmuffled condition, which is in good working order.

15. Noise Sound which annoys or disturbs humans.

16. Noise Disturbance Any sound which (a) endangers or injures the safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or (c) endangers or injures personal or real property.

17. Person Any individual, firm, corporation, association or organization of any kind.

18. Premise Any building, structure, land, utility, or portion thereof, including all appurtenances, and shall include yards, lots, courts, inner yards, and real properties without buildings or improvements, owned, controlled or occupied by a person.

19. Property Line That real or imaginary line and its vertical extension which (a) separates real property owned, controlled or occupied by another person and (b) separates real property from the public premises.

20. Public Premises All real property including appurtenances thereon which is owned or controlled by any public governmental entity and shall include streets, alleys, parks, and waterways.

21. Residential Premises Any premises where single or multiple dwelling units exist and shall include schools, churches, hospitals, nursing homes and similar institutional facilities.

22. Sound An oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may
include any characteristic of such sound, including duration, intensity, and frequency.

23. Sound Level Meter The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters (ANSI SI.4-1971 or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

24. Sound Level Meter An apparatus or instrument including a microphone, amplifier, attenuator, output meter and frequency weighting networks for the measurement of sound levels. The sound level meter shall be of a design and have the characteristics of a Type 2 or better instrument as established by the American National Standards Institute, publication entitled “Specification for Sound Level Meters”.

25. Sound Pressure The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.

26. Twenty (20) times the logarithm, to the base ten (10) of the ratio of the pressure of a sound to the reference pressure of twenty micronewtons per square meter (20 x 10 Newtons/ meter ) , and is expressed in decibels (dB).

6-8-3 NOISE DISTURBANCES PROHIBITED It shall be unlawful for any person to make, continue, cause to be made or continued, or allow to be made or continued on any residential or commercial premises owned, controlled or occupied by said person, any noise disturbance. It shall be unlawful for any person to make, continue, or cause to be made any noise disturbances on any public premises.

6-8-4 SPECIFIC PROHIBITIONS The following acts and the causing thereof are declared to be in violation of this Chapter, but such enumerations are not exclusive and not intended to limit or preclude enforcement of any other provision of this Chapter.

1. The sounding or the causing or allowing to be sounded of any horn or signaling device on any automobile, motorcycle, street car or other vehicle unless it is necessary as a warning to prevent or avoid a traffic accident; the creating by means of any such signaling device of any unreasonably loud or harsh sounds; or the sounding of such device for an unnecessary or unreasonable period of time.

2. The playing, using, operating, or the causing or allowing to be played, used or operated any radio, musical instrument, television set, phonograph, loud speaker, sound amplifier, other machine or device for the producing or reproducing of sound at any time with louder volume than is necessary for the convenient hearing of a reasonable person of normal sensitiveness in the room, vehicle, chamber of area in which such machine or device is operated. Any noise exceeding the ambient noise level at the property line, at the premises boundary, or at a distance of twenty-five feet (25′) from a motor vehicle or from any such device located on a public premises by more than five (5) decibels shall be deemed not to be necessary for the convenient hearing of a reasonable person of normal sensitiveness.

3. Talking, yelling, shouting, hooting, whistling or singing between the hours of eleven o’clock (11:00) P.M. and seven o’clock (7:00) A.M. , so as to be plainly audible at a distance of fifty feet (50′) by a reasonable person of normal sensitiveness.

4. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper City authorities.

5. The owning or operating of any motor vehicle or combination of motor vehicles at any time or place when the operation of any such motor vehicle would or does exceed the following noise sound pressure levels for the category of motor vehicle and for the designated time period as specified in Table A; provided that the ownership of a motor vehicle weighing more than ten thousand (10,000) pounds according to the Manufacturer’s Gross Vehicle Weight, which does not exceed eighty-eight (88) dB(A) when operated shall not be unlawful.

The standards in Table A shall apply to all noise emitted from motor vehicles including any and all equipment thereon, under any condition of acceleration, deceleration, idle, grade or load and whether or not in motion.

TABLE A

MAXIMUM ALLOWABLE NOISE SOUND PRESSURE LEVELS FOR
MOTOR VEHICLES

Type of Vehicle

Time Period Maximum
Allowable Sound
Pressure Level Measurement
Distance From
Motor Vehicle
Motor vehicle weighing less
than 10,000 pounds,
manufacturer’s gross vehicle
weight At any time 80 dB(A) 25 feet
Motor vehicles weighing more than 10,000 pounds, manufacturer’s gross vehicle weight 7:00 A.M. to 10:00 P.M. 88 dB(A) 25 feet
Motor vehicles weighing more than 10,000 pounds, manufacturer’s gross vehicle weight 10:00 P.M. to 7:00 A.M. 80 dB(A) on any
premises or streets
not permitting
heavy vehicle
traffic

88 dB(A) on
streets and
highways
designated for
heavy vehicle
traffic 25 feet

6. The discharging into the ambient air of the exhaust any stationary internal combustion engine or air compressor equipment, unless such discharge be through a muffler of the approved type as defined by Section 6-8-2 of this Chapter or through an apparatus providing equal noise reduction.

7. The operating of an engine of any standing motor vehicle with a weight in excess of ten thousand (10,000) pounds Manufacturer’s Gross Vehicle Weight (GVW) for a period in excess of ten (10) minutes when such vehicle is parked on a residential premises or on the public premises next to a residential premises, provided however, that vehicles confined and operated within an enclosed structure shall not be subject to the provisions of this subsection.

8. The erecting (including excavation), demolishing, altering or repairing of any building, structure, land, street, alley, waterway, sewer, or appurtenance thereto between the hours of nine o’clock (9:00) P.M. and seven o’clock (7:00) A.M. the following day, except for emergency work done with a permit from the City Manager or designated building inspector, which permit may be granted for a period not to exceed seven (7) days or less while the emergency continues and which permit may be renewed for periods of seven (7) days or less while the emergency continues.

If the City Manager or building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of any building, structure, land, street, alley, waterway, sewer or appurtenance thereto, and if he/she shall further determine that such work is necessary to protect persons or property from an eminent exposure to danger or an unreasonable loss of profits, he/she may grant permission for such work to be done between the hours of nine o’ clock (9:00) P.M,. and seven o’clock (7:00) A.M. for the following day upon application being made at the time the permit for the work is awarded or during the progress of the work.

9. The shouting and crying of peddlers, hawkers and vendors.

10. The using of any drum or other instrument or device for the purpose of attracting attention by the creation of a noise to any performance, show or sale.

11. The operating of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, including any motor vehicle or motorcycle, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler of the approved type as defined by Section 6-8- 2.

12. The emitting or the causing or allowing to be emitted any noise which leaves the premises on which it originates, crosses a property line, and enters onto any other premises in excess of the sound pressure levels during the time periods as specified in Table B; the emitting or the causing or allowing to be emitted any noise within the public premises in excess of the noise sound pressure level during the time period as specified in Table B.

6-8-5 EXEMPTIONS The following noises shall be exempt from noise level regulations:

1. Noises of safety signals, warning devices and emergency pressure relief valves.

2. Noises resulting from an authorized emergency vehicle, when responding to an emergency call or acting in time of urgency.

3. Noises resulting from emergency work as defined in Section 6-8-2.

4. Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the City, including but not limited to parades, sporting events, concerts, and firework displays.

5. The noises resulting from any aircraft operated in conformity with, or pursuant to, Federal law, Federal air regulations, and air traffic control instruction used pursuant to and within a duly operated Federal air regulation; and any aircraft operated under technical difficulties, in any kind of distress, under emergency orders of air traffic control or being operated pursuant to and subsequent to the declaration of an emergency under Federal air regulations.

6. The noise resulting from the operation of any domestic power equipment upon any residential, commercial, industrial or public premises between seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M. which does not exceed a sound pressure level of eighty (80) dB(A) when measured twenty five-feet (25′) from the noise source, and between the hours of ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M. which does not exceed the maximum sound pressure levels as specified in Table B below.

7. The noise resulting from the operation of any commercial power equipment upon any residential, commercial, industrial, or public premises between seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M. which does not exceed a sound pressure level of eighty-eight (88) dB(A) when measured twenty-five feet (25′) from the noise source and between ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M. which does not exceed the maximum sound pressure levels as specified in Table B below.

8. The noises resulting from alarm systems used in case of fire, collision, civil defense, police activity, or imminent danger.

TABLE B

MAXIMUM ALLOWABLE NOISE SOUND PRESSURE LEVELS FOR SPECIFIC PREMISES

Type of Premises
Where noise is
Measured

Time Period
Maximum Allowable Sound
Pressure Level Location of
Sound Pressure
Level
Measurement
Residential
Premises 7:00 A.M. to
10:00 P.M.

10:00 P.M. to
7:00 A.M. 55 dB (A)

50 dB(A)
Property Line
or Boundary
of Premises

Property Line
or Boundary
of Premises
Commercial
Premises 7:00 A.M. to
10:00 P.M.

10:00 P.M. to
7:00 A.M. 65 dB(A)

60 dB(A) Property Line

Property Line
Industrial
Premises 7:00 A.M. to
10:00 P. M.

10:00 P. M. to
7:00 A.M. 80 dB(A)

75 dB(A) Property Line

Property Line
Public
Premises 7:00 A.M. to
10:00 P.M.

10:00 P.M. to
7:00 A.M. 75 dB(A)

70 dB(A) Property Line
or anywhere
on public
premises

Property Line
or anywhere
on public premises

Sound or noise projecting from one type of premises into another type of premises with a different sound pressure level limit shall not exceed the limits of the premises into which the noise is projected.

9. The noises resulting from any bell, chime or similar device on any building, clock, school, or church.

6-8-6 PERMIT FOR RELIEF FROM CHAPTER Application for permit for relief from this Chapter on the basis of undue hardship may be made to the City Council or its duly authorized representative. Any permit granted by the City Council hereunder shall contain all conditions upon which said permit has been granted and shall specify a reasonable time the permit shall be effective. The City Council or its duly authorized representative may grant the relief as applied for if it finds:

1. That additional time is necessary for the applicant to alter or modify his/her activity or operation to comply with this Chapter; or

2. The activity, operation or noise source will be of temporary duration, and cannot be in a manner that would comply with other subsections of this Chapter; and

3. That no other reasonable alternative is available to the applicant.

The City Council may prescribe any condition or requirement it deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.

6-8-7 NOISE SOUND PRESSURE LEVEL MEASUREMENT For the purpose of determining noise sound pressure levels as set forth in this Chapter, the following test procedures and measurements are applicable:

1. The instrumentation for determining noise sound pressure levels shall be with a sound level meter of standard design as defined in this Chapter. Sound pressure level measurements shall be made with the A-weighting network.

2. Noise sound pressure level(s) shall be measured at a linear distance of twenty-five feet (25′) from the noise source or at the property line or other premise boundary as specified in this Chapter. Whenever it is impossible or impractical to measure the noise sound pressure level(s) at twenty-five feet (25′) or at the property line or other premises boundary, a greater distance from the noise source shall be used to determine compliance with this Chapter.

6-8-8 INSPECTIONS

1. For the purpose of determining compliance with the provisions of this Chapter, the Chief of Police is hereby authorized to make inspections of all noise sources and to take measurements and tests whenever necessary to determine the quantity and character of noise. In the event that any person refuses or restricts entry and free access to any part of a premises, or refuses inspection, testing or noise measurement of any activity, device, facility, motor vehicle, or process where inspection is sought, the Chief of Police may seek from a court of competent jurisdiction a warrant for inspection requiring that such person permit entry and free access without interference, restriction, or obstruction, at a reasonable time, for the purpose of inspecting, testing, or measuring noise.

2. It shall be unlawful for any reason to refuse to allow or permit the Chief of Police, or his/her authorized representative, free access to any premises when a warrant for inspection and order has been issued by the Court.

3. It shall be unlawful for any person to violate the provisions of any warrant or court order requiring inspection, testing or measurement of noise or noise services.

4. It shall be unlawful for any person to hinder, obstruct, delay, resist, prevent in any way, interfere with any authorized person while in the performance of his/her duties under this Chapter.

6-8-9 ABATEMENT ORDER The department responsible for enforcement of this Chapter may issue an order requiring abatement of any noise alleged to be in violation of this Chapter. If the abatement order is not complied with, or if no abatement order is issued, the alleged violator shall be charged and punished pursuant to Section 6-8-10.

6-8-10 SEPARATE OFFENSES Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

It shall be unlawful for any person to misrepresent or give any false or inaccurate information or in any way attempt to deceive the Chief of Police or his/her authorized representative in order to avoid compliance with the provisions of this Chapter.

6-8-11 NUISANCE; ABATEMENT The operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this Chapter is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

6-8-12 OTHER REMEDIES No provision of this Chapter shall be construed to impair any statutory, legal, or common law remedy of any person for injury or damage arising from any violation of this Chapter.

6-8-13 CITIZEN SUITS Any person may commence a civil action on his/her own behalf against any person who is alleged to be in violation of this Chapter. The Jackson County District Court shall have jurisdiction to grant such relief as it deems necessary. The Court, in issuing any final order in any action brought pursuant to this Section, may at its discretion award the costs of litigation, including attorney fees, to any party to the action.

Chapter 7-Fire Limits

6-7-1 FIRE LIMITS
6-7-2 PERMITS AND INSPECTIONS
6-7-3 GENERAL
6-7-4 NEW BUILDINGS
6-7-5 ADDITIONS AND ALTERATIONS
6-7-6 MOVING BUILDINGS
6-7-7 BUILDING PARTLY WITHIN FIRE LIMITS
6-7-8 EXCEPTIONS TO RESTRICTIONS WITHIN FIRE LIMITS

6-7-1 FIRE LIMITS The Fire Limits are established to include all territory within the following described limits: the west one-half (W ½) of block 10; blocks eighteen (18), nineteen (19), twenty (20), twenty-five (25), and twenty-six (26), all in the original plat of the City and blocks three (3), four (4), and eleven (11), Shaw’s Addition to the City. (C.179; 8-30-54)

6-7-2 PERMITS AND INSPECTIONS It shall be unlawful to construct, add to, alter, remove or demolish, or to commence the construction, addition, alteration, removal or demolition of a building or structure or install equipment for the operation of a building or structure without first filing with the City Manager an application in writing and obtaining a formal permit. The City Manager may require a plan of the proposed work together with a statement of’ materials to be used and any necessary computations.

The City Manager shall inspect all buildings or structures during construction to see that the provisions of the law are complied with and that construction is prosecuted safely. Whenever in his/her opinion, by reason of defective or illegal work in violation of a provision of this code the continuance of a building operation is contrary to public welfare, he/she may order all further work to be stopped and may require suspension of work until the condition in violation has been remedied.

6-7-3 GENERAL The restrictions on construction in this section cover buildings and structures located or to be located within the district established by laws as the Fire Limits.

6-7-4 NEW BUILDINGS Except as otherwise provided under section titled “Exceptions to Restrictions,” no new buildings or structures shall be erected within the fire limits when such building or structure is of:

1. Wood frame construction.

2. Unprotected noncombustible construction with walls not meeting the bearing wall requirements for this type of construction.

3. Heavy timber construction with walls not meeting the bearing wall requirements of this type of construction.

4. Ordinary construction with walls not meeting the bearing wall requirements for this type of construction.

Wood or other combustible veneers or exterior walls of any type of construction shall not be permitted within the fire limits.

6-7-5 ADDITIONS AND ALTERATIONS No addition shall be made to any building or structure within the fire limits when such building or structure is of:

1. Wood frame construction.

2. Unprotected noncombustible construction having walls not meeting the bearing wall requirements of ordinary construction except as permitted under section titled “Exceptions to Restrictions”.

3. Ordinary or heavy timber construction with walls not having the bearing wall requirements of these types of construction.

Nothing in this section shall be construed to prohibit alterations within the fire limits provided there is no change of occupancy to a class of occupancy otherwise prohibited.

6-7-6 MOVING BUILDINGS No building or structure prohibited by section titled “New Buildings” shall be moved from without to within the fire limits or from one lot to another within the fire limits.

6-7-7 BUILDING PARTLY WITHIN FIRE LIMITS A building or structure shall be deemed to be within the fire limits if one-third or more of the area of such building or structure is located therein.

6-7-8 EXCEPTIONS TO RESTRICTIONS WITHIN FIRE LIMITS Nothing in this section shall prohibit within the fire limits and subject to the specified limitations, the erection of new buildings or structures, additions to buildings or structures of wood frame construction or unprotected noncombustible construction, and the use of wood or other combustible veneers as follows:

1. Frame, wood frame, dwellings not exceeding two stories, 20 foot walls (not including gables), in height and separated by at least 5 feet from lot line of adjoining property. No set back is required if both of the following conditions are met:

a. A non-flammable foundation extends 12 or more inches above the finished floor and the joint between the wall and this foundation is sealed with petroleum resistant sealant to prevent intrusion of fluids.

b. Two layers of 5/8 inch fire retardant sheet rock are used everywhere a 20 foot setback or more from a property line is not maintained. This setback requirement does not apply to wall (s) facing street.

2. Wood or other combustible veneers on noncombustible backing for show windows that do not extend above the first full story above grade.

3. A building occupied as a parking garage or carport, not more than one story in height nor more than 750 square feet in area, located on the same lot with a dwelling; provided that such building shall be placed at least 3 feet from lot lines of adjoining property.

4. Buildings of unprotected noncombustible construction, except when used for high hazard occupancy, not exceeding 12,500 square feet in area when used for an automobile service garage, car wash or business occupancy or 10,000 square feet in area when used for other occupancies, nor more than one story in height, and having a horizontal separation of not less than 10 feet on all sides. Walls having a horizontal separation of less than 10 feet shall have a fire resistance rating of not less than one hour.

(Ord. 876, passed 6-7-96)

5. Enclosed and open air parking garages complying with section 12.5, of unprotected noncombustible construction.

6. Greenhouses not more than 15 feet in height erected on the same lot with and accessory to a dwelling or a store.

7. Sheds open on the long side, not more than 15 feet in height nor more than 500 square feet in area, located at least 5 feet from buildings and adjoining lot lines.

8. Builders’ shanties for use only in connection with a duly authorized building operation and located on the same lot with such building operation, on a lot immediately adjoining, on an upper floor of the building under construction, or on a sidewalk shed.

9. Plazas or balconies on dwellings, not exceeding 10 feet in width nor extending more than 3 feet above the second floor beams, provided that no such structure shall be located nearer than 3 feet to an adjoining lot line or be joined to a similar structure of another building.

10. Fences not extending 10 feet in height.

11. Display signs as provided in section 52 of National Building Code.

12. Cooling towers as provided in section 29.3 of National Building Code.

13. Roofs over parking lots and bus stations, of unprotected non-combustible construction, where the roof is at least 10 feet above the floor, and at least every 40 feet there is an open roof ventilation area 6 feet wide extending either the full length of the roof or the full width of the roof.

Chapter 6-Excavations

6-6-1 IMPROVEMENT OF STREETS: UNDERGROUND PIPES
6-6-2 PERMIT REQUIRED
6-6-3 APPLICATION FOR PERMIT
6-6-3B GUARANTEE
6-6-4 LIABILITY INSURANCE
6-6-5 REFILLING: PAVING
6-6-6 DISPOSAL OF PROPERTY
6-6-7 LIEN
6-6-8 DOWNTOWN CURB CUTS
6-6-9 REPAIR OF STREETS
6-6-10 MAINTENANCE/PERFORMANCE BOND
6-6-11 ADDITIONAL PROVISIONS
6-6-12 COMPLETION BY THE CITY

6-6-1 IMPROVEMENT OF STREETS: UNDERGROUND PIPES Whenever any portion of any street, highway, avenue or alley in the City is ordered paved or otherwise improved by the Council, it shall be the duty of every person to take notice of such order and forthwith and before any such portion of any street, highway, avenue or alley is improved, to make all excavations necessary for laying water or sewer pipes or any other desirable underground services, in any portion of the street, highway, avenue or alley so ordered improved.

6-6-2 PERMIT REQUIRED No person shall dig, excavate, set posts or stakes or in any manner break up any improved or unimproved street, highway, avenue or alley including that portion between the traveled portion and property line, in the City unless such person first shall have obtained a permit therefor from the City as hereinafter provided. This section shall apply to any public utility including its authorized employees or agents, when engaged in construction, reconstruction or maintenance of its facilities. Such utilities are also subject to public or private liability as required in
6-6-4 and 6-6-7.

6-6-3 APPLICATION FOR PERMIT Any person desiring a permit shall make application for the same to the Office of the Clerk stating the place, extent and purpose of such excavation, when the same will be made. The permit shall state that such person will allow the City to recover the cost and expense incurred by him/her in any back filling such excavation and restoring the street, highway, avenue or alley at the place which the excavation was made to its condition prior to such excavation. The City may require a deposit in sufficient amount to cover such costs and expense.

6-6-3B GUARANTEE The minimum cash deposits required for issuance of permits for excavations or openings in public ways or public places are as follows:
1. For any surfacing on a concrete or asphalt base or a brick pavement on a concrete or macadam base……….$ 500.00

2. For any other surface…………….$ 350.00

The deposit of a larger sum in any of the above cases may be required if the estimated cost of the replacement and maintenance as determined by the Director of Public Works is greater than the minimum amount as set forth above. The deposit as above set forth shall guarantee the cost of maintenance of the street surface in a condition suitable and safe for traffic, placing barricades and flashers when necessary, for the entire period of time from the date of the issuance of the permit up to the date of the release of the cash deposit by the Director of Public Works. The Director of Public Works shall file at the time of the release a statement of all costs, if any, incurred by reason of the failure of the party holding the permit to comply with any of the above regulations. Said costs shall be deducted from the deposit made at the time of the issuance of the permit. In case the said deposit is not sufficient to cover the said charges, the Clerk shall render a statement to the holder of the permit of the amount due the City for additional costs and expenses. No further permits shall be issued to the said party until said costs have been paid in full. The cash deposit shall in no way be construed to release the party holding the permit from penalties or liabilities for or on account of failure to provide for the public safety, for damage to sewer, utilities or other structures during the progress of the work
(Ord. 972, 5-29-02)

6-6-4 LIABILITY INSURANCE The City may grant a permit, without cost, to any person making application as aforesaid to dig or excavate in any street, highway, avenue or alley of the City; provided such person shall first show proof of liability insurance with limits of $250,000 for death or injury to each person and with limits of $500,000 for each occurrence, and with limits of $100,000 per accident for property damage, subject to the approval of the City, conditioned that such person shall make such excavation and accomplish the object thereof with all possible dispatch, and report to the City as soon as the excavation is completed and the object thereof attained, and to save the City harmless of any damages occasioned by such digging or excavating. No permit to dig or excavate in the improved street, highway, avenue, or alley of the City shall be granted by the City when the ground is frozen to a depth of twelve inches (12”) or more, unless in case of extreme emergency.
(Ord. 972, 5-29-02)

6-6-5 REFILLING: PAVING All the work of refilling such excavation may be done by the City at its option and all work of replacing the paving and restoring the street, highway, avenue or alley to its condition prior to any digging or excavation therein shall be done by the City or by the contractor with lime or fill sand under City authorization.
Such work must be approved by the City upon completion. The person requesting such permit shall also be responsible to pay for the cost of any interim maintenance until permanent repairs have been completed.

6-6-6 DISPOSAL OF PROPERTY No person excavating earth or stone in any public street, highway, avenue, or alley belonging to the City, or any other public place, under contract, without permit from the City, shall sell, or in any other way dispose of the stone and earth so excavated, and any person violating this provision shall pay the City three (3) times the value of such property to be recovered by action of debt in favor of the City.

6-6-7 LIEN It shall be the duty of the City, upon being notified of any digging or excavating having been completed, to cause, without delay, the paving to be replaced, and the street restored as fully as possible to its former condition, and to keep an accurate account of the expenses incurred by it in such work, and to demand the full payment for such expense from the person holding such permit. If not paid, the City shall proceed to collect the same, and with further provision that such refilling and replacing, when done by the obligor, shall remain in good condition and not settle to become uneven for a period of one (1) year after the acceptance of the same.

6-6-8 DOWNTOWN CURB CUTS No person shall cut a curb in the Central Business District as described in Section 6-7-1, without first obtaining a permit from the Council. The Council shall obtain the recommendations of the Chief of Police and City Manager and shall consider the public safety and effect on traffic in issuing the permit.

6-6-9 REPAIR OF STREETS It shall be the responsibility of any person or company who does excavation of City streets, alleys, parking lots and sidewalks to make all the necessary repairs and to return all City facilities to the original condition. It shall be the responsibility of any such person or company to reimburse the City for the costs of making all repairs to City facilities. All such repairs shall be done in accordance with the City’s Standard Specification. Contractors who have demonstrated an ability to satisfactorily make repairs to City streets, alleys, parking lots and sidewalks shall be allowed to make these necessary repairs on their own, provided that the required work is completed in accordance with the following sections of the City’s Standard Specifications.

Division II – The Following Sections

12 Backfilling
13 Restoration or Extension of Present Drains or Sewers
14 Temporary Surfaces Over Trenches
15 Restoration of Surfaced Streets and Roads
16 Restoration of Grassed Surface Area
17 Cleaning and Maintenance
18 Barricades, Guards and Safety Provisions
19 Maintenance of Traffic and Closing of Streets
20 Construction in Easements
21 Contractors Insurance
22 Concrete
23 Manholes and Valve Boxes to be Adjusted

Division V – Standard Specifications for Pavements – All Sections

6-6-10 MAINTENANCE/PERFORMANCE BOND Whenever a contractor or person selects the option of making the necessary repairs described in Section 6-6-9, such contractor or person shall furnish the City with a Performance Bond and a signed contract prepared by the City. The contract shall specify the work to be completed and the completion date and shall bind the contractor to cure defects in materials or workmanship that appear within two (2) years of the acceptance of the work by the Council.

Contractor shall purchase a Performance Bond which shall require payment to the City of a penal sum should the contractor fail to complete the work in a manner acceptable to the Council or should defects of workmanship or materials appear within two (2) years of the acceptance of the work by the City Council.

When work done under a contract with the City is substantially complete, the contractor shall notify the City Inspector in writing that the work is ready for final inspection. Within 48 hours of receiving the notice, the Inspector shall inspect the work and shall approve the work for final acceptance by the City Council or shall notify the contractor in writing of defects to be cured before the work can be certified for acceptance by the Council.

6-6-11 ADDITIONAL PROVISIONS Whenever a contractor or person selects the option of making the necessary repairs listed In Section 6-6-9, the following provisions shall also apply:

1. The City Inspector shall be notified and shall be present during backfilling and finishing work.

2. No concrete shall be installed, unless the temperature is 50 degrees (F) or above.

3. The City Inspector may require the use of rebar for concrete repairs where it is deemed necessary in his/her opinion. The rebar shall be installed in accordance with the directions given by the City Inspector.

(Ord. 802, passed 3-1-93)

6-6-12 COMPLETION BY THE CITY Should any excavation in any street or alley be discontinued or left open and unfinished for a period of twenty-four (24) hours after the approved completion date, or in the event the work is improperly done, the City has the right to finish or correct the excavation work and charge any expenses therefore to the permit holder/property owner.
(Ord. 972, 5-29-02)

Chapter 5-Solid Waste Control

Article A

6-5A-1 PURPOSE
6-5A-2 DEFINITIONS
6-5A-3 HEALTH HAZARD
6-5A-4 FIRE HAZARD
6-5A-5 OPEN BURNING
6-5A-6 BRUSH PICKUP
6-5A-7 SEPARATION OF LANDSCAPE WASTE REQUIRED
6-5A-8 CITY LEAF PICKUP PROGRAM
6-5A-9 LITTERING PROHIBITED
6-5A-10 OPEN DUMPING PROHIBITED
6-5A-11 WASTE STORAGE CONTAINERS
6-5A-12 PROHIBITED PRACTICES
6-5A-13 PENALTIES

ARTICLE A

GENERAL PROVISIONS AND OPEN BURNING

6-5A-1 PURPOSE. The purpose of this Chapter is to provide for the sanitary storage, collection and disposal of solid wastes and regulate the burning of solid wastes within the city limits; and thereby, to protect its citizens from such hazards to their health, safety and general welfare as may arise from the uncontrolled disposal of solid wastes or the uncontrolled burning of such solid wastes.

6-5A-2 DEFINITIONS. For the purpose of this Chapter, the following terms shall have the meanings indicated below:

1. “Backyard burning” means the disposal of residential waste by open burning on the premises of the property where such waste is generated.

2. “Chimney or stack” means any flue, conduit or duct permitting the discharge or passage of air contaminants into the open air, or constructed or arranged for this purpose.

3. “Garbage” means all solid and semisolid putrescible and nonputrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing and serving of food or of material intended for use as food, but excluding recognized industrial by-products.

4. “Incinerator” means a combustion apparatus designed for high temperature operation in which solids, semisolid, liquid or gaseous combustible refuse is ignited and burned efficiently, and from which the solid residues contain little or no combustible material.

5. “Landscape waste” means any vegetable or plant wastes except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings.

6. “Odor” means that which produces a response of the human sense of smell to an odorous substance.

7. “Open burning” means any burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack.

8. “Particulate matter” means any material, except uncombined water, that exists in a finely divided form as a liquid or solid at standard conditions.

9. “Refuse” means garbage, rubbish and all other putrescible and nonputrescible wastes, except sewage and water-carried trade wastes.

10. “Residential waste” means any refuse generated on the premises as a result of residential activities. The term includes landscape waste grown on the premises or deposited thereon by the elements, but excludes garbage, tires, trade wastes, and any locally recyclable goods or plastics.

11. “Rubbish” means all waste materials of nonputrescible nature.

12. “Smoke” means gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, or carbon, and other combustible material, or ash, that form a visible plume in the air.

13. Solid waste” means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste may include vehicles, as defined by Iowa Code section 321.1(90). However, this chapter does not prohibit the use of dirt, stone, brick, or similar inorganic material for fill, landscaping, excavation or grading at places other than a sanitary disposal project. Solid waste does not include hazardous waste as defined in the Iowa Code or petroleum contaminated soils which has been remediated to acceptable state or federal standards.

14. “Standard conditions” means a gas temperature of 70º F and a gas pressure of 29.92 inches of mercury absolute.

15. “Trade waste” means any refuse resulting from the prosecution of any trade, business, industry, commercial venture (including farming and ranching), or utility or service activity, and any governmental or institutional activity, whether or not for profit.

6-5A-3 HEALTH HAZARD. It shall be unlawful for any person to permit to accumulate on any premises, whether improved or vacant, or on any public place, such quantities of solid waste, either in containers or not, that shall constitute a health or sanitation hazard.

6-5A-4 FIRE HAZARD. It shall be unlawful for any person to permit to accumulate quantities of solid waste within or close to any building, unless the same is stored in containers in such a manner as not to create a fire hazard.

6-5A-6 OPEN BURNING. No person shall allow, cause or permit open burning of combustible materials, except as provided herein:

1. Disaster rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists. Burning of any structures or demolished structures shall be conducted in accordance with the Code of Iowa and the Iowa Administrative Code.

2. Trees and tree trimmings. The open burning of trees and tree trimmings not originated on the premises provided that the burning site is operated by a local governmental entity, the burning site is fenced and access is controlled, burning is conducted on a regularly scheduled basis and is supervised at all times, burning is conducted only when weather conditions are favorable with respect to surrounding property, and the burning site is limited to areas at least one-quarter mile from any inhabited building unless a written waiver in the form of an affidavit is submitted by the owner of the building to the city prior to the first instance of open burning at the site.

3. Recreational fires. Open fires for cooking, heating, recreation and ceremonies; provided, however, that no person shall allow, cause or permit the emission of visible air contaminants into the atmosphere from any such fire equal to or in excess of 40 percent opacity.

4. Training fires. Training fires as authorized by Iowa Administrative Code section 567-23.2(3)(g) as may be amended from time to time.

5. Controlled burning of a demolished building. The city may conduct a controlled burn of a demolished building with the approval of its city council as authorized by Iowa Administrative Code section 567-23.2(3)(j) as may be amended from time to time.

6-5A-7 BRUSH PICKUP. Trees limbs less than seven inches in diameter and brush securely tied in bundles not larger than 72 inches long and 78 inches in diameter may be placed along the curb for collection by the City in accordance with the City’s brush removal policy as may be from time to time amended.

6-5A-8 SEPARATION OF LANDSCAPE WASTE REQUIRED. All landscape waste shall be separated by the owner or occupant from all other refuse accumulated on the premises and shall be composted on the premises or placed in paper biodegradable bags, and set out for collection by refuse collectors licensed by the City.

6-5A-9 CITY LEAF PICKUP PROGRAM. The City shall conduct a program in the fall of each year to remove leaves from city streets. Residents of the City will be required to compost as many leaves from their property as possible. Leaves that cannot be composted may be raked onto the city streets. Leaves shall not be bagged or placed into any containers. The City shall remove the leaves and deposit them at a composting site.

6-5A-10 LITTERING PROHIBITED. No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose. When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter.

6-5A-11 OPEN DUMPING PROHIBITED. No person shall dump or deposit, or permit the open dumping or depositing, of any solid waste except rubble at any place other than a sanitary disposal project approved by the Iowa Department of Natural Resources.

6-5A-12 WASTE STORAGE CONTAINERS. Every person owning, managing, operating, leasing or renting any premises, dwelling unit or place where refuse accumulates shall provide and at all times maintain in good order and repair portable containers for storage of refuse in accordance with the following:

1. Waste storage containers shall comply with the following specifications:

A. Residential waste containers (20-35 gallons).
Residential waste containers shall be of not less than 20 gallons nor more than 35 gallons in nominal capacity; and be leak proof, water proof and fitted with a fly tight lid which shall be kept in place except when depositing or removing the contents thereof. Containers shall have handles, bails or other suitable lifting devices or features and shall of a type originally manufactured for the storage of residential wastes with tapered sides for easy emptying. They shall be of light weight and sturdy construction with the total weight of any individual containers and contents not exceeding 75 pounds. Galvanized metal containers, rubber or fiberglass containers and plastic containers which do not become brittle in cold weather may be used. Disposable containers or other containers as approved by the City may also be used.

Residential waste must be stored in portable containers or building enclosures until such time that it is taken to the curb for pickup. Waste can be placed at the curb in sealed garbage bags no earlier than 12 hours prior to pickup by the solid waste hauler. Property owners shall be responsible for cleaning up any debris caused by ripped or damaged garbage bags.

B. Residential dumpsters
Dumpsters located at residences may not extend over or be located on the public sidewalk or publicly owned right of way. Dumpsters will be allowed to be in the right of way for a period of no more than 24 hours to allow the dumpster to be emptied. Dumpsters shall be placed in the side yard or rear yard and shall not be nearer than two (2) feet to any side or rear lot line.

Dumpsters may be allowed to be in the front yard provided:
* Space is not available in the side yard, or there is no reasonable access to either the side or the rear yard. A lot shall be deemed to have reasonable access to the rear yard if terrain permits and an access can be had without substantial damage to existing large trees or landscaping. A corner lot shall normally be deemed to have reasonable access to the rear yard.
* Dumpster must be enclosed by a natural or manmade enclosure.

This ordinance does not apply to temporary dumpsters up to 30 days. Residents interested in a temporary dumpster must contact City Hall for a permit.

C. Commercial. Every person owning, managing, operating, leasing or renting any commercial premises where excessive amounts of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers (dumpsters) approved by the City.

D. All dumpsters. All dumpsters shall be maintained in a clean, well kept state so as not to detract from the appearance of the surrounding area. All dumpsters shall be placed on a hard surface. All dumpsters are required to have weekly pickup. All dumpsters on properties with two units or less will require a permit.

E. Location of containers. Residential sold waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner shall have been granted written permission from the City to use public property for such purposes. The storage site shall be well drained, fully accessible to collection equipment, public health personnel and fire inspection personnel.

F. Non-conforming containers. Solid waste containers which are not adequate will be collected together with their contents and disposed of after due notice to the owner.
(Ord. No. 1073, 08/08/09)

6-5A-13 PROHIBITED PRACTICES. It shall be unlawful for any person to:

1. Unlawful use of containers. Deposit refuse in any solid waste containers other than his or her own without the written consent of the owner of such containers.

2. Interfere with collectors. Interfere in any manner with solid waste collection equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors be those of the City, or those of any other authorized waste collection service.

3. Unlawful disposal. Dispose of any refuse at any facility or location which is not an approved location.

4. Unlawful collection. Engage in the business of collecting, transporting, processing or disposing of refuse with the City without a contract therefore with the City or a valid permit from the City.

5. Incinerators. Burn refuse except in approved incinerators so maintained and operated as to prevent the emission of objectionable odors or particulate matter.

6-5A-14 PENALTIES. Any person, firm or corporation violating any of the provisions of this Chapter shall be guilty of a simple misdemeanor and/or may be cited for a municipal infraction. Each day a violation continues shall constitute a separate offense.

(Ord. No. 1051, passed 1-7-08)

Article B

6-5B-1 DEFINITIONS
6-5B-2 RECYCLING REQUIRED
6-5B-3 LICENSED HAULERS
6-5B-4 COLLECTION SERVICE
6-5B-5 COLLECTION VEHICLES
6-5B-6 LOADING
6-5B-7 FREQUENCY OF COLLECTION
6-5B-8 LOCATION OF CONTAINERS
6-5B-9 BULKY RUBBISH
6-5B-10 TREE LIMBS AND BRUSH
6-5B-11 YARD WASTE
6-5B-12 RIGHT OF ENTRY
6-5B-13 COLLECTOR’S LICENSE
6-5B-14 LANDFILL ASSESSMENT FEE

ARTICLE B
COLLECTION AND TRANSPORTATION

6-5B-1 DEFINITIONS: For use in this article the following terms are defined:

1. “Residential premises”: means a single family dwelling and any multiple family dwelling up to and including four (4) separate quarters. Garden type apartments and row type housing units shall be considered residential premises regardless of the total number of such apartments or units which may be included in a given housing development.

2. “Collectors”: shall mean any person authorized by this article to gather solid waste and recycling from public and private places.

3. “Dwelling Unit”: shall mean any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.

4. “Single family dwelling”: shall mean structure containing one dwelling unit only.

5. “Multiple family dwelling”: shall mean a structure containing more than one dwelling unit.

6. “Property served”: shall mean any property which is being used or occupied and is eligible to receive solid waste and/or recycling collection and disposal service as provided herein, including commercial and industrial properties.

7. “Recyclable Materials” shall mean materials, including, but not limited to, food container glass, aluminum, steel (tin) cans, #1 through #7 plastic bottles, uncontaminated newspapers, box board (cereal boxes,) cardboard, office paper and glossy paper (magazines). Newspapers and glossy paper shall be considered uncontaminated if they have not been exposed to substances or conditions rendering them unusable for recycling.

8. “Recycling Facility” shall mean any facility employing a technology that is a process that separates or recovers reusable materials that can be sold or reused by a manufacturer as substitute for or a supplement to virgin raw materials.

6-5B-2 RECYCLING REQUIRED: Whether recyclable materials are placed for curb-side collection or transported by a property owner to a recycling facility, all residents are required to separate recyclable materials from solid waste. Recyclable materials shall be further separated according to product type, such as, but not limited to: metals, glass, plastics, and cardboard.

6-5B-3 LICENSED HAULERS: All licensed recycling haulers must utilize a recycling facility as the destination of collected recyclable materials. No hauler shall mix separated recyclable materials with solid waste. Recyclable materials shall be collected and delivered to a recycling facility by product type.

6-5B-4 COLLECTION SERVICE: The collection of solid waste and recyclable materials within the City shall be only by collectors licensed by the City. There shall be three categories of licensed collectors – curbside collection service, general clean up service and recycling service. Regulations specified in this subchapter shall apply to both categories, unless so stated and shall include curbside collection of recyclable items.
(Ord. No. 951, 2-19-01)

6-5B-5 COLLECTION VEHICLES: Vehicles or containers used for the collection and transportation of garbage or solid waste containing such materials shall be leakproof, durable and of easily cleanable construction. They shall be cleaned to prevent nuisances, pollution or insect breeding and shall be maintained in good repair. Persons licensed for curbside collection service shall use a truck that provides for the separation of recyclable materials and will not leak or allow refuse to otherwise escape the truck. A covered vehicle shall be used to haul the material to the transfer station and/or recycling facility.

6-5B-6 LOADING: Vehicles or containers used for the collection and transportation of any solid waste and/or recyclable materials shall be loaded and moved in such a manner that the contents will no fall, leak, or spill therefrom, and shall be covered to prevent blowing or loss of material. Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.

6-5B-7 FREQUENCY OF COLLECTION: All solid waste and/or recyclable materials shall be collected from residential premises at least once each week and from commercial, industrial and institutional premises as frequently as may be necessary, but not less than once each week. Curbside collection service shall include a collection for recyclable items.

6-5B-8 LOCATION OF CONTAINERS: Containers for the storage of solid waste and/or recyclable materials awaiting collection shall be placed out-of-doors at some easily accessible place by the owner or occupant of the premises served.

6-5B-9 BULKY RUBBISH: Bulky rubbish which is too large or heavy to be collected in the normal manner of the solid waste shall be collected by the collector upon request in accordance with procedures established by the City’s Solid Waste Management Plan as approved by Resolution of the City Council.

6-5B-10 TREE LIMBS AND BRUSH: (Eliminated)

6-5B-11 YARD WASTE: (Eliminated)

6-5B-12 RIGHT OF ENTRY: Collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste and recyclable materials therefrom as required by this article, however collectors shall not enter dwelling units or other residential buildings.

6-5B-13 COLLECTOR’S LICENSE: No person shall engage in the business of collecting, transporting, processing or disposing of solid waste or recyclable materials other than his/her own within the City without first obtaining from the City an annual license in accordance with the following:

1. APPLICATION: Application for a solid waste/recycling collector’s license shall be made to the Clerk and provide the following:

A. NAME AND ADDRESS: The full name and address of the applicant, and if a corporation, the name and address of the officers thereof.

B. EQUIPMENT: A complete and accurate listing of the number and type of collection and transportation equipment to be used.

C. COLLECTION PROGRAM: A complete description of the frequency, routes and method of collection and transportation to be used.

D. DISPOSAL: A statement as to the precise location and method of disposal or processing facilities to be used and agree to accept yard waste for disposal in accordance with Section 6-5A-13.

E. REVOCATION: A statement that a permit may be revoked by the city council following notice and hearing for one or more violations of this Chapter.

2. INSURANCE: No collector’s license shall be issued until and unless applicant, in addition to all other requirements set forth, shall file and maintain with the City evidence of satisfactory public liability insurance covering all operations of the applicant pertaining to such business and all equipment and vehicles to be operated in the conduct thereof in the following minimum amounts.

A. Curbside Collection Service B. General Cleanup Service
(Includes Solid Waste & Recycling)

Bodily Injury – $1,000,000 per person Bodily Injury – $500,000 per person
$1,000,000 per occurrence $500,000 per occurrence
Property Damage – $200,000 Property Damage – $200,000

Each insurance policy required hereunder shall include as a part thereof provisions requiring the insurance carrier to notify the City of the expiration, cancellation or other termination of coverage not less than 10 days prior to the effective date of such action.

3. LICENSE FEE: A license fee in the amount of $75.00 shall accompany the application, in the event the requested license is not granted, the fee paid shall be refunded to the applicant. (Ord. 855, 4-17-95)

4. LICENSED ISSUED: If the Council upon investigation finds the application to be in order and determines that the applicant will collect, transport, process or dispose of solid waste and recyclable materials without hazard to the public health or damage of the environment and in conformity with law and ordinance the requested license shall be issued to be effective for the calendar year in which issued, unless revoked upon notice and hearing by the city council for one or more violations of this Chapter.

5. LICENSE RENEWAL: An annual license may be renewed simply upon payment of the required fee if operated in substantially the same manner as provided in the original application and by providing the City Manager with a current listing of vehicles, equipment and facilities in use.

6. LICENSE NOT TRANSFERABLE: No license authorized by this article may be transferred to another person.

7. OWNER MAY TRANSPORT: Nothing herein is to be construed so as to prevent the owner from transporting solid waste accumulating upon premises owned, occupied or used by him/her, provided such refuse is disposed of properly in an approved sanitary disposal site.

8. GRADING OR EXCAVATION EXCEPTED: No license or permit shall be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities, however, all such materials shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public right of way.

9. BUILDERS EXEMPTED: No license or permit shall be required for the removal, hauling, or disposal of building materials from construction activities, however, all such materials shall be conveyed in light vehicles, trucks or receptacles so constructed and maintained that none of the materials being transported shall spill upon the public right of way.

6-5B-14: LANDFILL ASSESSMENT FEE: In order to collect sufficient revenues to pay the annual assessment for the operation of the Jackson County Sanitary Landfill, the City Clerk shall collect a monthly fee of Two Dollars and Eighty Four ($2.84) from every residential dwelling unit, commercial business, and industry located within the City of Maquoketa effective the July 1, 1998 billing period.

The billing and collection of landfill assessment fees, including the collection of delinquent accounts and the perfection of liens on property for delinquent accounts, shall be governed by the procedures of Iowa Code 384.84.
(Ord. 832, 3-21-94)
(Ord. 893, 4-20-98)
(Ord 965, Passed 5-20-02)
(Ord 1056, 07-21-08)

Article c

6-5C-1 DEFINITIONS
6-5C-2 SANITARY DISPOSAL REQUIRED
6-5C-3 OPEN DUMPING PROHIBITED
6-5C-4 EXCEPTIONS
6-5C-5 TOXIC AND HAZARDOUS WASTES
6-5C-6 RADIOACTIVE MATERIALS 6-5C-7 SANITARY DISPOSAL PROJECT DESIGNATED
6-5C-8 PRIVATE SANITARY DISPOSAL PROJECT

ARTICLE C

SOLID WASTE DISPOSAL

6-5C-1 DEFINITIONS For use in this article the following terms are defined:

1. “Processing facility” shall mean any incinerator, baler, shredder or similar facility or process employed to reduce the volume of, or change the characteristics of, solid waste prior to final disposal.

2. “Site” shall mean any location, place or tract of land used for collection, storage, conversion, utilization, incineration or burial of solid wastes.

3. “Scavenging” Shall mean the collection, picking up or gathering of discarded material no longer of value for its original purpose but which has value if reclaimed.

4. “Operator” shall mean the person or agency authorized to conduct disposal operations at a public sanitary disposal project or licensed private sanitary disposal project.

5. “Resident” shall mean in addition to any person residing in the City, any person occupying or using any commercial, industrial or institutional premises within the City.

6-5C-2 SANITARY DISPOSAL REQUIRED All solid wastes generated or produced within the City shall be disposed of at a sanitary disposal project designated by the City and approved by the Executive Director of the Iowa State Department of Environmental Quality.

(Code of Iowa, 1993, Sec. 455B)

(Ord. 839, passed 7-5-94)

6-5C-3 OPEN DUMPING PROHIBITED No person shall cause, allow or permit the disposal of solid wastes upon any place within the jurisdiction of the City owned or occupied by him/her unless such place has been designated by the City as a licensed sanitary disposal project, public sanitary disposal project or an approved processing facility.

(Code of Iowa, 1975, Sec. 455B.82)

6-5C-4 EXCEPTIONS Nothing in this article shall prohibit the filling, leveling or grading of land with earth, sand, dirt, stone, brick, gravel, rock, rubble or similar inert wastes provided these materials are not contaminated or mixed with combustible, putrescible or other waste materials, nor to the disposal of animal and agricultural wastes on land used or operated for farming.

6-5C-5 TOXIC AND HAZARDOUS WASTES Toxic or hazardous wastes shall be disposed of only upon receipt of and in accordance with explicit instructions obtained from the Executive Director of the Iowa State Department of Environmental Quality.

(I.A.C., 400-26.4[4])

6-5C-6 RADIOACTIVE MATERIALS Materials that are radioactive shall not be
disposed of in a sanitary disposal project. Luminous timepieces are exempt.

(I.A.C., 400-26.4 [4])

6-5C-7 SANITARY DISPOSAL PROJECT DESIGNATED The sanitary landfill facilities operated by Jackson County are hereby designated as the official “Public Sanitary Disposal Project” for the disposal of solid waste produced or originated within the City.

6-5C-8 PRIVATE SANITARY DISPOSAL PROJECT No person may establish and operate a private sanitary disposal project within the City.

Chapter 4-Water System

6-4-1 CITY MANAGER’S DUTIES
6-4-2 WATERWORKS FUND
6-4-3 HYDRANTS
6-4-4 LIABILITY
6-4-5 INTERFERENCE PROHIBITED
6-4-6 EQUIPMENT
6-4-7 DIGGING UP PIPES
6-4-8 REPORTS OF VIOLATIONS
6-4-9 RULES AND REGULATIONS
6-4-10 METERS
6-4-11 WHEN PAYABLE – LATE PAYMENT PENALTY
6-4-12 METER TESTING
6-4-13 METER READING
6-4-14 WATER FOR CONSTRUCTION
6-4-15 LOSS OR DAMAGE TO PROPERTY
6-4-16 EASEMENT
6-4-17 EXTENSIONS
6-4-18 RATES
6-4-19 FIRE FIGHTING SYSTEM
6-4-20 RATES FOR FIRE FIGHTING SYSTEM
6-4-21 RATE FOR WATER NOT ENTERING SANITARY SEWER SYSTEM
6-4-22 FLUORIDE TREATMENT
6-4-23 NON-FLUORIDE WATER SUPPLY
6-4-24 DISCONNECTION FOR NONPAYMENT
6-4-25 REASONABLE AGREEMENT TO PAY
6-4-26 DENIAL OF BENEFIT OF CITY SERVICES

6-4-1 CITY MANAGER’S DUTIES The City Manager shall have control and supervision of the waterworks system and shall have charge of the reading of meters, collection of all water bills, and receive all money therefor. He/she shall keep a correct book account, showing money received and expended by the Waterworks Department and for what purpose and have and perform all other duties under his/her management, connected with the waterworks system.

6-4-2 WATERWORKS FUND There shall be an account kept by the Treasurer, known as the Waterworks Fund. All money received from the sale of waterworks bonds, from the collection of water rents, from taxation for waterworks purposes, from the sale of any property or material connected with the waterworks, from any appropriation made by the Council for the purpose of construction or extension of waterworks or from any source whatever connected with the management and operation of the waterworks system, shall be placed in the Waterworks Fund, and all salaries and disbursements connected with the management and operation of the waterworks system, shall be paid out of this fund.

All revenues at any time accruing to the Waterworks Fund, over and above that which is necessary for the construction, extension and operation of the waterworks, shall, on resolution passed by a majority of the members of the Council, be paid over into the Sinking Fund.

6-4-3 HYDRANTS All hydrants erected for the purpose of extinguishing fires are hereby declared to be public hydrants, and no person, except members of the Fire Department, or waterworks or persons especially authorized by the City Manager, and then only in the exercise of authority delegated by the City Manager, shall open any of the hydrants or attempt to draw any protection from or in any manner interfere with any of the hydrants.

6-4-4 LIABILITY The City does not guarantee a constant supply of water to any
consumer and shall not be liable for damages for any failure to supply the same. The City shall not be liable for any claim or damage by reason of breaking of any service pipe, stop-cock, or other equipment, or if for any reason the supply to water shall be shut off to make repairs, connections or extensions or for any other purpose that may be found necessary. The City reserves the right to cut off the supply at any time.

6-4-5 INTERFERENCE PROHIBITED It shall be a simple misdemeanor, punishable by a fine not to exceed $100.00 or imprisonment in the county jail for no longer than 30 days, for any person, entity, or party to:

A) break, injure, mar or deface, interfere with or disturb any building, machinery, apparatus fixtures, attachments, or appurtenances of the Waterworks Department or any hydrant thereof, or deposit anything in any stopcock box, or commit any act tending to obstruct or impair the intended use of any of the above mentioned property, without permission of the Council, or excepting cases herein or otherwise provided by the Manager.

B) alter, tamper with, or deface any water meter, or to secure city water by routing the water’s flow around a water meter to avoid incurring a bill for the water used. (Ord. 821, passed 10-4-93)

6-4-6 EQUIPMENT It shall be unlawful for any person unless authorized by the City Manager, to open hydrants, except for the purposes strictly connected with the Fire Department.

6-4-7 DIGGING UP PIPES It shall be unlawful to make any excavation in any street or highway within six (6) feet of any laid water pipe, while the ground is frozen, or dig up or uncover so as to expose to frost any of the water pipes of the City except by special permission of the City Manager.

6-4-8 REPORTS OF VIOLATIONS It shall be the duty of the Chief of Police and police officers to report to the City Manager all causes of leakage, waste, or unnecessary profusion in the use of water, and all violations of this chapter that come to his/her notice shall be reported to the Mayor.

6-4-9 RULES AND REGULATIONS The rules, regulations and rates hereafter set out in this Chapter, shall be considered a part of the contract with every person which is supplied with water through the waterworks system, and every person by taking water shall be considered to express his/her consent. When any of the same are violated, or such others as the Council may adopt, the water shall be cut off from the building or place of such violation and shall not be turned on except by order of the City Manager or his/her duly authorized agent, and only after the payment of the expense of shutting off the water and turning it on again, and such other items as the City Manager shall determine, and in case of such violation the City Manager shall have the right to declare forfeited any payment made for water by the person committing such violation.

The following rules and regulations for the government of water users, licensed plumbers, and others, are hereby adopted or established.

1. Application for Service Every person desiring a supply of water must make application therefor to the City Manager on such form as may be prescribed by the Council and provided for that purpose. The application must state fully and truly all the uses to which the water is to be applied, and no different or additional use will be allowed, except by written permission issued by the City Manager upon proper application being made therefor. No more than one (1) house or premises shall be supplied from one (1) tap, unless provision is made so that each house or premises can be shut off independently on the outside of every other house or premises. The person applying for connection to the waterworks system shall pay the actual costs of such connection to the waterworks system. All service lines must be covered by at least five (5) feet of earth and except for the meter, the owner shall be responsible for all maintenance and repairs on the service line, curb stop; and plumbing of his/her premises.

2. Accounts. The billing and collection of water accounts, including the collection of delinquent accounts and the perfection of liens on the property for delinquent accounts, shall be governed by the procedures of Iowa Code §384.84.
(Ord. 965, Passed 5-20-2002)

3. Turning Water On Water will not be turned on in any house or private service except by order of the City Manager or his/her designee. This rule shall not be construed to prohibit plumbers from turning water into any pipes to test the same for that purpose only.

At the point where a plumber’s test for leaks has passed, the water service must be immediately turned off again. The property owner or his/her designee shall then establish a water/sewer account at City Hall. The City’s Water/Wastewater Department will install a meter, and the property owner shall be required to protect the meter from any damage. The property owner will be held financially responsible for the protection of the meter.

The property owner will be subject to the City’s municipal infractions ordinance and any other penalty available under Title VI for any violations of the provisions herein.
(Ord. 927, Passed 12-6-1999)

4. Service to One Family Only No consumer shall supply water to other families nor suffer them to take water off their premises, nor after water is introduced into any building, or upon their premises, shall any person make or employ any plumber or other person, to make any taps or connections with the pipes upon the premises for alterations, extensions or attachments without filing a regular application therefor and obtaining a permit from the City Manager.

5. Service Disconnection Application may be cancelled and/or water service discontinued by the municipality for any violation of any rule, regulation or condition of service and especially for any of the following reasons:

a.) Misrepresentation in the application as to the property or fixtures to be supplied or use to be made of water.

b.) Failure to report to the City any addition to the property or fixtures to the supplies or additional use to be made of water.

c.) Resale or giving away of water.

d.) Waste or misuse of water due to improper or imperfect service pipes, and/or fixtures, or failure to keep same in suitable state of repair.

e.) Tampering with meter, meter seal, service, outside reader, or valves, or permitting such tampering by others.

f.) Connection, cross connection, or permitting same, of any separate water supply to premises which receive water from the City.

g.) Non-payment of bills.

6. A customer may discontinue water service to his/her premises for periods in which the house, building or other structure so serviced is not used for human occupancy, employment, recreation or other purposes. Any customer desiring to discontinue the water service to his/her premises for this reason must give notice of discontinuance in writing at the business office of the waterworks system, otherwise, the customer shall remain liable for all water used and service rendered by the municipality until said notice is received by the municipality.

7. Bills and notices to the conduct of the business of the municipality will be mailed to the customer at the address listed on the application, unless a change of address has been filed in writing at the business office of the municipality; and the municipality shall not otherwise be responsible for delivery of any bill or notice, nor will the customer be excused from nonpayment of a bill or from any performance required in said notice.

8. Meters All meters shall be so placed as to be easy of access and convenient to read and inspect. They shall also be protected from frost in such manner as to prevent freezing. The City Manager or some employee of the Waterworks Department acting under him/her shall place or superintend the setting of all meters; and all meters shall be tested when deemed necessary by the Waterworks Superintendent and all defective meters shall be repaired by or under the supervision of the Superintendent.

Where a meter has ceased to register, or meter reading could not be obtained, the quantity of water consumed for billing purpose will be estimated based upon an average of the prior 12 months consumption, and the conditions of water service prevailing during the period in which the meter failed to register.

9. Removal of Meters In no case shall licensed plumbers or others remove a meter from its setting or interfere with its reading for any cause, without first obtaining a permit from the City Manager.

10. Water Tanks Customers having boilers and/or pressure vessels receiving a supply of water from the municipality must have a check valve on the water supply line and a vacuum valve on the steamline to prevent collapse in case the water supply from the municipality is discontinued or interrupted for any reason, with or without notice.

11. Equipment to be Maintained by Owner All persons taking water shall keep their own service pipe, stop cocks, and apparatus in good repair and protected from frost at their own risk and expense, and shall prevent all unnecessary waste of water, and it is expressly stipulated that no claim shall be made against the City by reason of breaking of any service pipe or service cock, or if for any cause the supply of water should fail or from damage arising from shutting off the water to repair mains, making connections or extensions, or for any other purpose that may be deemed necessary, and the right is hereby reserved to cut off the supply of water at any time, any permit granted or regulation to the contrary notwithstanding.

12. Right of Entry Every person taking water supplied through the waterworks system shall permit the City Manager, Waterworks Superintendent, and employees of the Department, at all reasonable hours of the day to enter their premises or buildings to examine the pipes, fixtures, and fittings; and the manner in which water is used or to read and examine meter; and they must frankly and without concealment answer the questions put to them relative to the use of water on such premises.

13. Size of Hose Hose larger than three-fourths inch (3/4″) will not be permitted where no meter is set, without payment of an additional charge.

14. Sprinkling Regulations The use of hose for sprinkling yards, gardens and streets, or for washing windows and sidewalks is prohibited in case of fire or when there is an alarm of fire, or when the conditions of the water supply require it.

15. Service Pipe All service lines and appurtenances shall be constructed of any of the following materials and conform to the state plumbing code:

a.) Steel – AWWA standard specifications 7A.3(l) and 7A.4(2), ASTM A 120-62T.

b.) Flexible Polyethylene Plastic – commercial standards CS 255-63, National Sanitation Foundation approved and stamped as published by United States Department of Commerce minimum rating 125 psi, minimum size 3/4 inch I.D.

c.) Polyvinyl-Chloride (PVC) – Commercial standards 256-63, National Sanitation Foundation approved and stamped as published by United States Department of Commerce, High Impact (type 2) for service lines.

d.) Acrylonitrile-Buctaciene-Styrene – Commercial standards 254-63, National Sanitation Foundation approved and stamped.

e.) Copper-ASTM specifications B-88 for type K seamless annealed.

f.) All fittings for use with cast iron or ductile iron pipe shall be Class 250 gray cast iron conforming to ANSI A21.10-71 (AWWA C110-71), or Class 350 ductile iron. Ductile iron shall conform to ASTM A536-72, minimum grade 70-50-05. Nominal thickness of fittings shall be equal to, or exceed, Class 53 ductile iron pipe thickness. Radii of curvatures shall conform in accordance with ANSI A21.4-71 (AWWA C110-71). Fittings shall be cement lines in accordance with ANSI A2l.4-74 (AWWA C104-74) and shall have mechanical joints or push on type joints in accordance with ANSI A21.11-72 (AWWA Clll-72).

When a service pipe is to supply a building which has an area wall between the water main and the building, the service pipe must go under the area wall. Service pipe must also be laid under cellar walls.

No water service pipe or tap for any building shall be less than three-quarters inch (3/4″) in diameter, and pipes supplying sill cocks or hydrants outside of buildings shall not be less than one-half inch (1/2″) in diameter.

Plumbers installing water service pipes shall close the curb shut off and leave it closed upon completion of their work. Plumbers shall notify the waterworks office when work is completed.

16. Mains Mains must be tapped on the top and not in any case within 10 inches (10″) of the hub and all tapping of mains shall be done by or in the presence of the Superintendent or other properly authorized person.

17. Curb Stops All curb stops shall be placed in a metal curb stop box at the outer sidewalk line. A heavy metal cover with the letter “W” shall be placed on the stop box and must be visible and even with the ground. Curb stops must fit cut-off wrenches owned by the City.

There shall be a stop and waste cock of a pattern and weight approved by the City Manager, attached to every service pipe, at a point where it enters the building, inside the same, accessible, and so situated that the water can be conveniently shut off and drained from the pipes.

18. Service Pipes to be Flushed Service pipes must be thoroughly flushed before a meter is attached.

19. Excavations In making excavations in streets or highways from the laying of service pipes or making repairs, the excavated material shall be placed in such a manner as to occasion the least inconvenience to the public and provide the passage of water along the gutter. All such excavations shall have proper barricade erected and warning lights placed thereto from dusk in the evening to daylight the following morning.

After the service pipes are laid, in refilling the excavation, the lime or fill sand must be laid in layers and each layer thoroughly tamped and packed to prevent settlement, and this work together with the replacement of the sidewalk, ballast and paving, must be done so as to make the street at least as good as it was before the excavation was made and to the satisfaction of the Superintendent or City Manager.

No hydrant or fountain, except public drinking fountains shall be placed within the limits of any street unless the hydrant or drinking fountain is securely closed and protected against use.

20. Permanently Demolished Structures. Whenever a structure has had previous
water and sewer service provided to it and that structure is permanently demolished, the property owner shall be responsible for abandoning the water and sewer service lines to the permanently demolished structure at their respective mains rather than terminating service lines at the curb or the curb stop. The property owner shall also be responsible for any repairs to a public street or other public infrastructure that are needed due to this work.
(Ord. 927, Passed 12-6-1999)

6-4-10 METERS

1. All water shall be measured by meter.

2. Meters shall be read quarterly or monthly as prescribed by the City Council. Meters installed for temporary purposes or building use meters shall be read and water rates shall be due and payable when the use of the meter terminates.

3. Meters up to one inch (1″) in size shall be furnished by the City and shall be installed by the Superintendent or a duly authorized employee of the Waterworks Department. The City reserves the right to determine the size and type of meter used.

4. Meters shall be installed in the basement of the premises when practicable, otherwise it shall be placed in a frost-proof meter box not less than forty-eight inches (48″) in diameter. The meter box shall be a minimum of sixty inches (60″) in depth and shall be duly protected from frost with proper cover and shall be constructed of concrete, fiberglass or other suitable material as may be approved by the City Manager. The meter box shall be kept in such condition that the meter therein can, at anytime, be readily inspected. The property owner shall be liable for all damages to the meter by freezing.

5. Meters in excess of one inch (1″) in size shall be furnished and installed at the property owner’s expense. Meters in excess of one inch (1″) shall be installed with a bypass system allowing for the removal of the meter. The bypass system shall have a locking device. The only person possessing the key to such locking devices shall be the Superintendent or a duly authorized employee of the Waterworks Department,

6. Meters in excess of one inch (1″) shall be tested for accuracy by a qualified technician authorized and approved by the City Manager. The cost for such tests shall be the responsibility of the property owner.

7. Meters in excess of one inch (1″) shall be tested for accuracy on a basis of once every five years or more frequently as determined by the City Manager.

8. If the property owner with a meter in excess of one inch (1″) fails to test such meter for accuracy as required by Subsection 7, the City Manager shall send by certified mail a thirty (30) day written notice of the need for such test to the property owner. If the test has not been completed at the expiration of the 30 day notice, the City Manager shall authorize such test and apply the cost to the water service account of the property owner.
(Ord. 699, passed 12-5-88)

9. Right angle meter stops will be installed, at the owner’s expense, with each meter
installation, meter repair or meter replacement. (Ord. 1060, passed 10-20-08)

6-4-11 WHEN PAYABLE – LATE PAYMENT PENALTY A bill shall be due and payable when rendered and shall be considered delinquent after twenty (20) days from the time it is rendered. A bill shall be considered rendered by the City when deposited in the U. S. Mail with postage prepaid or when delivered by the City to the last known address of the party responsible for payment. Bill payments received by the City on or after the delinquent date shall be for the gross amount stated on the bill which shall include a late payment penalty of 1.5% per month of the past due amount. Failure to receive a properly rendered bill shall not entitle the customer to relief from penalties for late payment.

Each Account shall be granted one complete forgiveness of a late payment penalty in each calendar year. The customer shall be informed of the use of the automatic forgiveness in one of the following ways: a) by phone or in person; b) by posting to the next bill; c) by separate mailing.

When water service is disconnected because of an act or omission by the customer or because of nonpayment of a bill or deposit, the customer shall be required to pay a disconnect fee of $10.00 and a reconnect fee of $10.00 No water will be turned on after working hours. (Ord. 875, passed 5-6-96)

There will be a $20 fee for each 24 hour door posting that is posted for delinquent bills. The $20 fee will be collected when customer pays the delinquent bill. (Ord. No. 1068, 4-20-09)

6-4-11 (a)

In the event that service pipe, shut off valves, stop cocks or other water service apparatus need to be installed, repaired or replaced or serviced then the City shall notify the owner of record to remedy the situation in a particular manner within a reasonable period of time, not to exceed thirty (30) days. In the event that the owner fails to remedy the situation within the required time set forth in the notice, then the City may take appropriate steps to remedy the situation.

In the event that the City is required to repair or remedy an equipment problem as described above, then the cost of the repairs shall be billed to the land owner and the land owner shall be required to pay the repair bill within a reasonable time, not to exceed sixty (60) days.

In the event that the land owner fails to pay for installation services or repairs done by the City, then the City shall secure payment of the costs of the repairs as follows:

1. City Manager shall submit to the Council an itemized and verified statement showing the expenditures in material, labor, and equipment used to remedy the situation. The list shall also state the name of the owner(s) of the property and the description of the real estate in question.

2. The Council shall examine the verified statement and if found to be correct, the Council shall assess the expenditures against the real estate; and, the Council shall direct the City Clerk to certify the costs for assessment to the County Treasurer. The assessment shall then be collected with and in the same manner as general taxes.
(Ord. 991, Passed April 19, 2004)

For purposes of this Ordinance, repairs shall mean any service to any pipe, shut off valve, stop cock, or any other apparatus that is required to be installed or maintained for the water service onto a particular property. The necessity for the equipment or repair or installation or maintenance shall be a matter left to the sole discretion of the City Manager of the City of Maquoketa.
(Ord. 845, passed 10-17-94)

6-4-12 METER TESTING Any property owner may request that a meter be tested by paying to the City Manager’s office the sum of ten dollars ($10.00). Should the meter register more than a two percent (2%) error said sum shall be refunded and the property owner’s account shall be adjusted to reflect the amount of the meter errors. All meters found to register more than two percent (2%) error shall be replaced by an employee of the Waterworks Department within five (5) days after such testing.

6-4-13 METER READER All water meters shall be read by an employee of the Waterworks Department and a record of such reading furnished the customer and a duplicate record of such reading made in the office of the City Manager.

6-4-14 WATER FOR CONSTRUCTION. Water for building or construction purposes will be furnished only after suitable deposit has been made, the minimum deposit being five hundred dollars ($500.00) for the construction meter. Customer will also be billed monthly for water usage.

Water so supplied shall be discharged through a hose or pipe directly upon material to be wet, or into a barrel or other container, and in no case into or through a ditch or trench and all use of water by other than applicant or use of water for any purpose or upon any premises not so stated or described in the application must be prevented by the applicant, or water service may be discontinued without notice.

Filling swimming pools is not allowed under the use of this meter.
(Ord. 1024, passed 05-15-06)

6-4-15 LOSS OR DAMAGE TO PROPERTY If any loss or damage to the property of the municipality or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the customer, member of his/her household, his/her agent or employee, the cost of the necessary repairs or replacements shall be paid by the customer to the municipality and any liability otherwise resulting shall be that of the customer.

6-4-16 EASEMENT Each customer shall grant or convey, or shall cause to be granted or conveyed to the municipality a permanent easement and right-of-way across any property owned or controlled by the customer wherever said easement or right-of-way is necessary for the municipal water facilities and lines, so as to be able to furnish service to the customer.

6-4-17 EXTENSIONS The municipality may construct or authorize construction of extensions to its water lines within its service area, but the municipality shall not be required to make such extensions.

All extensions to new subdivision developments shall be done in accordance with Chapter 3, Subdivisions, of Title V, Land Use Regulations, of the Code of Ordinances and the City’s Standard Specifications. Customers and/or developers of subdivisions shall be responsible for the entire cost of the installation.

Extensions to previously platted and recorded sections or areas within the corporate limits of the City shall be responsible of the customer. However, the City Council may approve the payment of a portion of the cost of such extension. The municipality may reimburse the customer for the additional cost to increase the size of the water line from the standard three-quarters inch (3/4″) service line to a six inch (6″) watermain for only the portion of the water line that is located within the City’s right-of-way or easement. Such extensions shall be installed in accordance to the City’s Standard Specifications. The City’s portion shall be for material costs only and shall not include labor for installation. The City may designate a watermain greater than six inch (6″).

All line extensions shall be evidenced by the contract signed by the municipality and the customer for said extensions. Such contracts shall be approved by the City Council.

All decisions in connection with the method of installation of any extension in the public right of way or easement and the maintenance thereof shall remain the exclusive control of the municipality. Such extension shall be the property of the municipality and shall be maintained by the municipality and no other person shall have any right, title, or interest therein.

The municipality may refuse service to persons, not presently customers, when in the opinion of the City Council the capacity of the municipal facilities will not permit such service. (Ord. 737, passed 10-15-90)

6-4-18 RATES The Waterworks Department shall charge and collect starting on the designated dates, the following prices and rates for separate service, which rate shall include rate and all service rendered:

August 1993 Billing Cycle Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $ 4.32
Over 300 cu. ft. $ 0.76 per 100 cu. ft.
Non-Metered Trailers $ 6.05/month

January 1994 Billing Cycle Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $ 4.91
Over 300 cu. ft. $ 0.76 per 100 cu. ft.
Non-Metered Trailers $ 6.90/month

July 1994 Billing Cycle Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $ 5.85
Over 300 cu. ft. $ 0.93 per 100 cu. ft.
Non-Metered Trailers $ 8.20/month
(Ord. 815, passed 7-19-93)

January 1995 Billing Cycle Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $ 7.33
Over 300 cu. ft. $ 1.05 per 100 cu. ft.
Over .100, 300 cu. ft. $ 0.34
Non-Metered Trailers $ 12.58/month

(Ord. 852, passed 1-16-95)

December 1995 Billing Cycle Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $ 8.83
Over 300 cu. ft. $ 1.05 per 100 cu. ft.
Over 100, 300 cu. ft. $ 0.34
Non-Metered Trailers $ 14.08/ month

(Ord. 860, passed 11-6-95)

March 1996 Billing Cycle Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $ 9.49
Over 300 cu. ft. $ 1.05 per 100 cu. ft.
Over 100, 300 cu. ft. $ 0.34
Non-Metered Trailers $ 14.74/month

(Ord. 868, passed 3-4-96)

April 30, 2005 Billing Cycle Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $11.94
Over 300 cu. ft. $ 1.63 per 100 cu. ft.
Over 100,300 cu. ft. $ 0.54 per 100 cu ft.
Non-Metered Trailers $14.74/month

(Ord. 1002, passed 3-7-05)

June 30, 2005 Billing Cycle (water revenue bond) Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $2.45
Over 300 cu. ft. $0.58 per 100 cu. ft.
Over 50,300 cu. ft. $0.10 per 100 cu. ft.
(Ord. 1004, 6/6/05)

July 30, 2013 Billing Cycle (water revenue bond) Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $2.75
Over 300 cu. ft. $0.65 per 100 cu. ft.
Over 50,300 cu. ft. $0.12 per 100 cu. ft.
(Ord. 1109B, 6/17/13)

Note: For 2009, 2010, 2011, 2012 and 2013 billing cycles, water revenue bond rates passed in June, 2005 would be in addition to the rates listed below.

July 2009 Billing Cycle Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $9.63
Over 300 cu. ft. $ 1.06575 per 100 cu. ft.
Over 100,300 cu. ft. $ 0.3451 per 100 cu ft.
Non-Metered Trailers $14.96/month

July 2010 Billing Cycle Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $9.77
Over 300 cu. ft. $ 1.08 per 100 cu. ft.
Over 100,300 cu. ft. $ 0.3503 per 100 cu ft.
Non-Metered Trailers $15.18/month

July 2011 Billing Cycle Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $9.92
Over 300 cu. ft. $ 1.09 per 100 cu. ft.
Over 100,300 cu. ft. $ 0.3556 per 100 cu ft.
Non-Metered Trailers $15.41/month

July 2012 Billing Cycle Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $10.07
Over 300 cu. ft. $ 1.10 per 100 cu. ft.
Over 100,300 cu. ft. $ 0.3609 per 100 cu ft.
Non-Metered Trailers $15.64/month

July 2013 Billing Cycle Rate Per 100 Cu. Ft.

Basic Service plus 300 cu. ft. $10.22
Over 300 cu. ft. $ 1.12 per 100 cu. ft.
Over 100,300 cu. ft. $ 0.3663 per 100 cu ft.
Non-Metered Trailers $15.87/month
Ord No. 1066, 4-20-09

6-4-19 FIRE FIGHTING SYSTEMS For the purpose of controlling and regulating fire fighting systems connected to the City Water System a rate shall be charged according to size of pipe or pipes entering premises.

6-4-20 RATES FOR FIRE FIGHTING SYSTEMS

Service Main Size Annual Fire Rates
2 inch $4.60
4 inch $29.00
6 inch $ 81.00
8 inch $ 165.00
10 inch $ 290.00
12 inch $ 460.00

7/25/88

For recording and rate purposes each pipe shall be considered a separate system and shall be charged separately.

6-4-21 RATE FOR WATER NOT ENTERING SANITARY SEWER SYSTEM The Waterworks Department shall charge twenty-eight dollars ($28.00) per year for the installation and maintenance of a separate water meter for water that does not enter the City’s sanitary sewer system. The property owner shall also pay the current rate for water consumed as outlined in Section 6-4-18, but shall not pay the sewer user charge for the water metered by this separate meter. The property owner shall make written request for a separate water meter and the fee shall be due and payable fifteen (15) days after the installation of the meter.

6-4-22 FLUORIDE TREATMENT The Municipal public water supply of the City of Maquoketa shall be so processed and treated as to maintain between eighth-tenths (.8) and one and two-tenths (1.2) parts per million of sodium fluoride or other fluoride chemical recommended and approved by the State Department of Health, or in such amount as may be otherwise recommended by the State Department of Health. Such processing and treatment, as well as the installation of necessary equipment, and the selection of materials for processing and treating the Municipal public water supply of the City shall be in strict compliance with all recommendations and directions and subject to the approval of the State Department of Health in all respects concerning the actual conduct of such processing and treatment.

6-4-23 NONFLUORIDATED WATER SUPPLY The City Water Department shall provide or arrange for at one well location as it shall designate, a system or facilities whereby residents may obtain nonfluoridated water for drinking.

6-4-24 DISCONNECT FOR NONPAYMENT If a water service fee is more than $30 delinquent, the City shall begin procedures to disconnect water service to the water customer. Disconnection of service to customers for nonpayment of a bill or deposit shall be in accordance with the following procedures:

The customer will receive a delinquent bill in the mail. The City will then give written notice to the customer that the service will be disconnected if the account is not settled within 24 hours from the time of the notice. If payment is not made or payment agreement is not agreed to, the City will authorize disconnection of service. If the curb stop is not in working condition, staff from the water department will be accompanied by a police officer to the home to remove the meter from inside the house.
(Ord. 829, 3-21-94)

6-4-25 REASONABLE AGREEMENT TO PAY Any residential customer who has been disconnected or is about to be disconnected due to inability to pay in full will be offered the opportunity to enter into a reasonable agreement to pay the delinquent bill unless the customer is currently in default of such an agreement. The agreement shall be in writing and shall be signed by a party for the City and by the customer or a party for the customer. A signed copy of the agreement shall be provided to the customer.

The City may require the customer to provide confirmation of financial difficulty prior to entering into an agreement. Confirmation may be a written acknowledgement from the Iowa Department of Social Services, a legal guardian, or another individual or agency at the discretion of the City.

Reasonableness of the agreement shall be determined by considering the current household income of the customer, the customer’s ability to pay, the size of the bill, the customer’s payment history (including prior defaults on similar agreements), the time and cause of an outstanding bill, and any special circumstances creating extreme hardships within the household. The agreement shall require the customer to bring the account to a current status by paying specific amounts at scheduled times over a period of no more than six months.

Payment agreements shall include provisions for payment of the current account.

Whenever possible, the City shall attempt to reach a mutually acceptable payment agreement with the customer. If the attempt fails and the customer offers a payment agreement which the City Manager refuses, the customer shall be provided a written explanation of the reason for refusal within thirty days of the mailing of the initial disconnect notice. A customer may protest the refusal by filing a written complaint, including a copy of the refusal, with the Council within ten days after written refusal by the City Manger. A reasonable agreement may be amended at the discretion of the City upon request of the customer. Default of the agreement by the customer renders the customer subject to disconnection in accordance with procedures specified in this ordinance, except that the twelve day notice provision does not apply.

(Ord. 668, passed 8-18-86)

6-4-26 DENIAL OF BENEFIT OF CITY SERVICES

1. The City may withhold City services or disconnect City services with appropriate notice and in accordance with Iowa law to any premises if the premise has an outstanding debt and the person responsible for the outstanding debt owns, occupies, or receives the benefit of any City services provided at that location.

2. If a delinquent amount is owed by an account holder for one or more City services associated with a prior property or premises, the City may withhold City services or disconnect City services with appropriate notice and in accordance with Iowa law to any new property or premises owned or occupied by that account holder, or to any location at which that account holder receives the benefit of any City services.

3. As used in this section, “City services” include, but are not limited to, services of sewer systems, storm water drainage systems, sewage treatment, solid waste collection, water, and solid waste disposal.
(Ord. 975, Passed 8-5-2002)

Chapter 3-Sewer User Fees

6-3-1 PURPOSE
6-3-2 DEFINITIONS
6-3-3 OPERATION AND MAINTENANCE
6-3-4 USER CHARGE RATES
6-3-4 A DEFICIT
6-3-5 BILLING, LATE CHARGES
6-3-5 A DENIAL OF BENEFIT OF CITY SERVICES
6-3-6 USER CHARGE REVIEW
6-3-7 SEWER ADJUSTMENT
APPENDIX “A”
APPENDIX “B”
6-3-8 RESERVED
6-3-9 RESERVED

6-3-1 PURPOSE It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City to collect charges from all users who contribute wastewater to the City’s wastewater treatment facility. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public wastewater treatment facility.

6-3-2 DEFINITIONS Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

1. “BOD” (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20º C, expressed in milligrams per liter (mg/1).

2. “Normal Domestic Wastewater” shall mean wastewater that has a BOD concentration of not more than 221 mg/l and a suspended solids concentration of not more than 268 mg/l.

3. “Operation and Maintenance” shall mean all expenditures during the useful life of the wastewater treatment facility for materials, labor, utilities, and other items which are necessary for managing and maintaining the wastewater treatment facility to achieve the capacity and performance for which such facilities were designed and constructed.

4. “Replacement” shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the wastewater treatment facility to maintain the capacity and performance for which such facilities were designed and constructed. The term “operation and maintenance” includes replacement.

5. “Residential Contributor” shall mean any contributor to the City’s wastewater treatment facility whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.

6. “Shall and Will” are mandatory: “May” is permissive.

7. “SS” (denoting Suspended Solids) shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.

8. “Wastewater Treatment Facility” shall mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.

9. “Useful Life” shall mean the estimated period during which a wastewater treatment facility will be operated.

10. “User Charge” shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment facility.

11. “Water Meter” shall mean a water volume measuring and recording device, furnished and/or installed by the City of Maquoketa or furnished and/or installed by a user and approved by the City of Maquoketa.

6-3-3 OPERATION AND MAINTENANCE

1. The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement and costs associated with debt retirement and bonded capital associated with financing the wastewater treatment facility which the City may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the wastewater treatment facility shall be established by this ordinance.

2. That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in 6-3-4, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two primary accounts as follows:

a.) An account designated for the specific purpose of defraying operation and maintenance costs excluding replacement of the wastewater treatment facility (Operation and Maintenance Account).

b.) An account designated for the specific purpose of ensuring replacement needs over the useful life of the wastewater treatment facility (Replacement Account). Deposits in the replacement account shall be made at least annually from the operation, maintenance and replacement revenue in the amount of $80,000 annually.

3. Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement, The user charge rate(s) shall be adjusted to respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.

6-3-4 USER CHARGE RATE

1. Each user shall pay for the services provided by the City based on his/her use of the wastewater treatment facility as determined by water meter(s) acceptable to the City.

2. For residential contributors, quarterly user charges will be based on average quarterly water usage during the first quarter. If a residential contributor has not established a quarterly average, his/her quarterly user charge shall be the median charge of all other residential contributors.

For industrial and commercial contributors, user charges shall be based on water used during the current quarter. If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on a wastewater meter(s) or separate water meter(s) installed and maintained at the contributor’s expense, and in a manner acceptable to the City.

3. The Wastewater Department shall charge and collect starting on the designated dates, the following prices and rates for separate service, which rate shall include rate and all service rendered:

August 1993 Billing Cycle Rate Per 100 cu. ft,

Basic Service plus 300 cu. ft. $8.37
Over 300 cu. ft. $0.92 per 100 cu. ft.
Non-Metered Trailers $11.75/month

January 1994 Billing Cycle Rate Per 100 cu. ft.

Basic Service plus 300 cu. ft. $9.55
Over 300 cu. ft. $0.92 per 100 cu. ft.
Non-Metered Trailers $13.40/month

July 1994 Billing Cycle Rate Per 100 cu. ft.

Basic Service plus 300 cu. ft. $11.36
Over 300 cu. ft. $1.13 per 100 cu. ft.
Non-Metered Trailers $15.91/month
(ORD. 815, passed 7-19-03)

January 1994 Billing Cycle Rate Per 100 cu. ft.

Basic Service plus 300 cu. ft. $15.60
Over 300 cu. ft. $l.40 per 100 cu. ft.
Non-Metered Trailers $22.60/month
(ORD, 850, passed 1-3-95)

December 1995 Billing Cycle Rate Per 100 cu. ft.

Basic Service plus 30 cu. ft. $18.60
Over 300 cu. ft. $1.40 per 100 cu. ft.
Non-Metered Trailers $26.60/month
(ORD, 859, passed 11-6-95)

March 1996 Billing Cycle Rate Per 100 cu. ft.
Basic Service plus 300 cu. ft. $21.43 Over 300 cu. ft. $1.40 per 100 cu. ft.
Non-Metered Trailers $28.43/month
(ORD 867, passed 3-4-96)

July 2009 Billing Cycle Rate Per 100 cu. ft.
Basic Service plus 300 cu. ft. $21.75 Over 300 cu. ft. $1.421 per 100 cu. ft.
Non-Metered Trailers $28.86

July 2010 Billing Cycle Rate Per 100 cu. ft.
Basic Service plus 300 cu. ft. $22.08 Over 300 cu. ft. $1.442 per 100 cu. ft.
Non-Metered Trailers $29.29

July 2011 Billing Cycle Rate Per 100 cu. ft.
Basic Service plus 300 cu. ft. $22.41 Over 300 cu. ft. $1.464 per 100 cu. ft.
Non-Metered Trailers $29.73

July 2012 Billing Cycle Rate Per 100 cu. ft.
Basic Service plus 300 cu. ft. $22.75 Over 300 cu. ft. $1.486 per 100 cu. ft.
Non-Metered Trailers $30.18
July 2013 Billing Cycle Rate Per 100 cu. ft.
Basic Service plus 300 cu. ft. $23.09 Over 300 cu. ft. $1.508 per 100 cu. ft.
Non-Metered Trailers $30.63 (Ord. No. 1067, 4-20-09)

6-3-4A DEFICIT The line item for reduction of budget deficit, shall be eliminated from the Maquoketa City Budget after four (4) years.
(ORD. 817, passed 8-16-93)
4. (Reference is made to Appendix A). For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement is:

$0.40 per pound BOD
$0.09 per pound SS

5. Any user which discharges any other pollutants which cause an increase in the cost of managing the effluent or the sludge from the City’s wastewater treatment facility, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the wastewater treatment facility, shall pay for such increased costs, The charge to each such user shall be as determined by the responsible plant operating personnel and approved by the City Council.

6. The user charge rates established in this article apply to all users, regardless of their location, of the City’s wastewater treatment facility, and shall supersede all previous user charges.

7. Sewer Adjustment. Each customer is allowed a one-time adjustment on his or her sewer bill for each residence with a cap of $500.00. This adjustment will be calculated by using the previous twelve months to get an average usage. Water, landfill and tax will be paid in full.
(Ord. 897, 5-18-1998)

6-3-5 BILLING, LATE CHARGES

1. All users shall be billed monthly. Payments are due when the billings are made. Any payment not received within twenty (20) days after the billing is made shall be delinquent.

Bill payments are received by the City on or after the delinquent date shall be for the gross amount stated on the bill which shall include a late payment penalty of 1.5% per month of the past due amount.

Each account shall be granted one complete forgiveness of a late payment penalty in each calendar year. The customer shall be informed of the use of the automatic forgiveness in one of the following ways; a) by phone or in person; b) by posting to the next bill; or, c) by separate mailing.

2. The billing and collection of sewer user fees, including the collection of delinquent accounts and the perfection of liens on property for delinquent accounts, shall be governed by the procedures of Iowa Code §384.84.
(Ord. 965, Passed 5-20-2002)

6-3-5A DENIAL OF BENEFIT OF CITY SERVICES

1. The City may withhold City services or disconnect City services with appropriate notice and in accordance with Iowa law to any premises if the premise has an outstanding debt and the person responsible for the outstanding debt owns, occupies, or receives the benefit of any City services provided at that location.

2. If a delinquent amount is owed by an account holder for one or more City services associated with a prior property or premises, the City may withhold City services or disconnect City services with appropriate notice and in accordance with Iowa law to any new property or premises owned or occupied by that account holder, or to any location at which that account holder receives the benefit of any City services.

3. As used in this section, “City services” include, but are not limited to, services of sewer systems, storm water drainage systems, sewage treatment, solid waste collection, water, and solid waste disposal.
(Ord. 975, Passed 8-5-2002)

6-3-6 USER CHARGE REVIEW

1. The City will review the user charge system (at least every two years), and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance, including replacement, and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.

2. The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance, including replacement, of the wastewater treatment facility.

6-3-7 SEWER ADJUSTMENT

Each customer is allowed a one-time adjustment on his/her sewer bill for each residence with a cap of $500.00. This adjustment will be calculated by using the previous twelve months to get an average usage. Water, landfill and tax will be paid in full.
(Ord. 897, passed 5-18-98)

6-3-8 Reserved

6-3-9 Reserved

APPENDIX “A” TO USER CHARGE ORDINANCE
(Actual Use Rate Structure)

(NOTE: The charges developed in this ordinance and appendix follow Model Nos. 1 and 2 of Appendix B to 40 CFR 35, dated September 27, 1978. It would also be acceptable to develop charges using Model No. 3, the quantity/quality formula, outlined in the referenced federal regulations.)

This appendix presents the methodology to be used in calculating user charge rates and surcharges and illustrates the calculations followed in arriving at the first year’s user charges and surcharges, The unit costs established in this appendix are based on estimates of expenses and loadings. The actual expenses and loadings that occur may differ from these estimates and certainly they will change as time passes. Therefore, the unit costs must be re-established whenever necessary to reflect actual expenses and loadings. Once the system is in use, the expenses and loadings can be determined from operating records and the unit costs can be adjusted based on these figures.

1. Expenses: The total annual expenses associated with the treatment works, as defined in Article II, Section 8, are estimated as follows:

Item Annual Expenses
Billing and Collections $ 23,000
Administrative $ 25,350
Power $ 0 (1)
Labor (including fringe benefits) $ 216,830 (1)
Material Costs $ 0 (1)
Replacement Costs (See Appendix B) $ 80,000
(Debt Service) $ l98,245
Other (Potential 503 Sludge Project) $ 52,023
TOTAL $590,448

1. Plant is operated under contract by PeopleService. These costs are lumped under “Labor” category.

2. Allocation of Expenses The total operation and maintenance including replacement expense is allocated to the appropriate pollutants in the following manner. (NOTE: If debt service allocation is to be addressed in this ordinance, it may be allocated in the same manner or it may be allocated in any other manner that the grantee desires.)

Annual $ to Treat Annual Flow = % annual cost allocated to flow x (total
annual O&M budget minus billing &
collection)

Annual $ to Treat Annual BOD = % annual cost allocated to BOD x (total
annual O&M budget minus billing &
collection.)

Annual $ to Treat Annual SS = % annual cost allocated to SS x (total
annual O&M budget minus billing and
collection.)

Annual $ to Treat Annual = % annual cost allocated to pollutant x (total
Other Pollutant (Specify) annual O&M budget minus billing & collection.)

(NOTE: The billing and collection expense is deducted from the total O&M budget
at this point because each user will pay the same for this expense per billing period.
See paragraph 5 below, In some situations other appropriate expenses may be
handled in the same manner.)

3. Loadings

The initial hydraulic loading is estimated to be 279,860,000 gal/year.

The initial BOD loading is estimated to be 400,114 lbs/year.

The initial SS loading is estimated to be 421,731 lbs/year.

The initial other pollutant loading is estimated to be —- lbs/year.

4. Unit Costs

Initial unit cost for flow in $/gallons = annual $ to treat annual flow
0.0014 gal Estimated annual hydraulic loading

Initial unit cost for BOD in $/pound =annual $ to treat annual BOD
$0.40/lb BOD Estimated annual BOD loading

Initial unit cost for SS in $/pound =annual $ to treat annual SS
$0.09/lb TSS Estimated annual SS loading

Initial unit cost for other =annual $ to treat other annual pollutants
pollutants in $/pound Estimated annual other pollutant loading

The unit costs for BOD, SS and Other Pollutants are to be inserted in Article IV,
Section 4, of the ordinance.

5. Minimum Charge:
Annual billing and collection cost = $ ——–
Annual cost to treat infiltration/inflow = $ ——–
(assumed clear water) = unit cost to
treat flow x annual infiltration/inflow

TOTAL Annual Minimum Cost = $322,697.12 Allocated as 55% of
total costs.

Minimum Charge/User/Billing Period = $ 11.36

This minimum charge/user/billing period is to be inserted in Article IV, Section 3,
of the ordinance.

(NOTE: The above procedure allocates the cost of transporting and treating
infiltration/inflow according to the number of users. Other acceptable means of distributing this cost include allocation based on flow volume of the users or
allocation based on the land area of the users.)

6. Residential User Unit Charge The residential user unit charge is calculated as
follows using the pollutant concentrations defining normal domestic wastewater in
Article II, Section 2, of this ordinance.
Residential unit charge = unit flow charge
+ (unit BOD charge) (BODNO) (.00834)
+ (unit SS charge) (SSNO) (.00834)
where: Residential unit charge is in $/1000 gal
unit flow charge is in $/1000 gal from paragraph 4
unit BOD charge is in $/lb BOD from paragraph 4
unit SS charge is in $/lb SS from paragraph 4

BODNO is the normal domestic BOD strength in milligrams per liter (mg/1)
as defined in Article II, Section 2, of the ordinance

SSNO is the normal domestic SS strength in mg/l as defined in Article II,
Section 2, of the ordinance

and .00834 is a unit conversion factor.

7. Extra Strength Users: For users who contribute wastewater that has greater
strength than normal domestic wastewater, the user charge will be calculated as
follows:

Total monthly charge to extra strength user =

charge to residential user + surcharge for BOD (if appropriate) + surcharge
for SS (if appropriate)

Total monthly charge to extra strength user =

minimum charge
+v(residential unit charge)
+v(unit BOD charge)(BODES – BODND)(.00834)
+v(unit SS charge)(SSES – SSND)(.00834)

Where: Total monthly charge to extra strength user is in dollars.

Minimum charge is in dollars as calculated in paragraph 5 of this Appendix
“A”

v is the volume of wastewater in 1000 gallons discharged by the extra
strength user during the month

Residential unit charge is in $/1000 gal, as calculated in paragraph 6 of this Appendix “A”

Unit BOD charge is in $/lb. BOD from paragraph 4

Unit SS charge is in $/lb. SS from paragraph 4

BODES is the average BOD concentration in milligrams per liter (mg/1)
contributed by the extra strength user during the month

SSES is the average SS concentration in mg/l contributed by the extra
strength user during the month

BODND is the normal domestic BOD strength in mg/l as defined in Section
3-4-1.50 of this ordinance.

SSND is the normal domestic SS strength in mg/1as defined in Section
3-4-1.50 of this ordinance

and .00834 is a unit conversion factor.

An example user charge calculation for an extra strength user of the Maquoketa
wastewater treatment facility follows:

Assuming: monthly flow = 56,900 gallons
monthly average BOD concentrations = 1500 mg/l
monthly average SS concentrations = 2700 mg/l

Example monthly charge for extra strength user:
$2.71
+ 56.9 (0.975)
+ 56.9 (0-150)(1500 mg/l – 221 mg/1)(0.00834)
+ 56.9 (0.086)(2700 mg/l – 268 mg/1)(0.00834)
= $248.48

CITY OF MAQUOKETA
APPENDIX B
EQUIPMENT REPLACEMENT SCHEDULE
Income
Balance
Year Price Interest
7%

1 $80,000 $80,000
2 $80,000 $5,600 $165,600
3 $80,000 $11,592 $257,192
4 $80,000 $18,003 $355,195
5 Replace CL2, SO2 (l.05)6 x (45,000) Systems = $57,432
Rebuild Raw Sewage, SBR, NWLS, and S. Slope Pumps
(1.05)6 x (40,625 + 28,000 + 9,000) = $99,360 $80,000 $24,863 $303,266
6 $80,000 $21,228 $404,494
7 $80,000 $28,314 $512,808
8 $80,000 $35,896 $628,704
9 $80,000 $44,009 $752,713
10 Replace CL2, SO2, Replace Pumps and Blowers and Raw Sewage, SBR, NWLS, SSLS, Sludge, Storm. Rebuild Heat Exchanger (1.05)18 x (45,000 + 160,000 + 81,250 + 22,500 + 70,000 + 25,000 + 15,000 + 15,000) = $707,012 $80,000 $52,689 $178,389
11 $80,000 $12,487 $270,876
12 $80,000 $18,961 $369,837
13 $80,000 $25,888 $475,725
14 $80,000 $33,300 $589,025
15 Replace CL2, SO2. Rebuild Raw Sewage, SBR, NWLS
And S. Slope Pumps (1 .05)16 x (45,000 + 40,625 + 9,000) = 255,060 $80,000 $41,231 $455,196
16 $80,000 $31,863 $567,059
17 $80,000 $39,694 $686,753
18 $80,000 $48,072 $814,825
19 $80,000 $57,037 $951,862
20 Replace CL2, SO2, Replace Pumps and Blowers and
Raw Sewage, SBR, NWLS, SSLS, Sludge, Storm.
Rebuild Heat Exchanger
(1.05)20 x (45,000 + 160,000 + 81,250 + 22,500 + 70,000 + 25,000 + 15,000 + 15,000 + 45,000) = $1,268,687 $80,000 $66,630 ($170,195)

1. Replacement Fund recommended by PNG = $80,000/Year for Wastewater. 2. Assume Average interest rate over 20 years = 7%.
3. Replacement Periods: Pumps, Blowers Rebuild Every 5 Years
Chlorinators Replace Every 5 Years
Miscellaneous Equipment Replace Every 20 Years
Pumps, Blowers Replace Every 10 Years
4. Assume 5% Annual Inflation

(Ord. 844, passed 09-19-94)

Chapter 2-Sewer Systems

6-2-1 DEFINITIONS
6-2-2 USE OF PUBLIC SEWERS REQUIRED
6-2-3 PRIVATE SEWAGE DISPOSAL
6-2-4 BUILDING SEWERS AND CONNECTIONS
6-2-5 USE OF PUBLIC SEWERS
6-2-6 PROTECTION FROM DAMAGE
6-2-7 POWERS AND AUTHORITY OF INSPECTORS
6-2-8 ENFORCEMENT

6-2-1 DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:

1. Act means the Federal Water Pollution Control Act, as amended, 33U.S.C., et seq.

2. Administrator means the Administrator of the U.S. Environmental Protection Agency.

3. Approving Authority shall mean the City Council of the City of Maquoketa; acting by and through the City Manager being their duly authorized agent or representative.

4. BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees (20) Centigrade, expressed in milligrams per liter.

5. Building Inspector shall mean the Building Inspector of the city of Maquoketa.

6. Building Drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer or other approved point of discharge, beginning five feet (5′) (1.5 meters) outside the inner face of the building wall.

7. Building Sewer shall mean the extension from the building drain to the public sewer or other place of disposal.

8. Combined Sewer shall mean a sewer receiving both surface runoff and sewage.

9. Compatible Pollutant means biochemical oxygen demand, suspended solids, pH and fecal coliform bacterial.

10. Control Manhole shall mean a structure located on a site from which industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a “Control Manhole” is to provide access for a City representative to sample and/or measure discharges.

11. Director means the chief administrative officer of a state water pollution control agency or interstate agency. In the event responsibility for water pollution control and enforcement is divided among two (2) or more state or interstate agencies, the term “Director” means the administrative officer authorized to perform the particular procedure to which reference is made.

12. Easement shall mean an acquired legal right for the specific use of land owned by others.

13. Federal Grant shall mean the U.S. government participation in the financing of the construction of treatment works as provided by Title II, Grants for Construction of Treatment Works of the Act.

14. Floatable Oil is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

15. Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and the handling, storage, and sale of produce.

16. Incompatible Pollutant means any pollutant which is not a compatible pollutant as defined in subsection 9.

17. Industrial Waste shall mean any solid, liquid or gaseous substance discharged, permitted to flow or escaping from any industrial, manufacturing, commercial or business establishment or process or from the development, recovery or processing of any natural resource as distinct from sanitary sewage.

18. Major Contributing Industry shall mean an industrial user of the publicly owned treatment works that: a) has a flow of fifty thousand (50,000) gallons or more per average work day; b) has a flow greater than five percent (5%) of the flow carried by the Municipal system receiving the waste; c) has in its waste, a toxic pollutant in toxic amounts as defined in standards issued under Section 307 (a) of the Act; or d) is found by the permit issuance authority, in connection with the issuance of an NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works on upon the quality of effluent from that treatment works.

19. User Types:

a. “User Class” shall mean the type of user of wastewater facilities, either “residential or commercial” (non-industrial) or “industrial” as defined herein.

b. “Residential or Commercial” or “Non-industrial” user, shall mean any user of the wastewater facilities not classified as an industrial user or excluded as an industrial user as provided for in this Section.

c. “Industrial User” shall mean any non-governmental user of publicly owned wastewater facilities identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget as the same may now or hereafter be amended and supplemented, under the following divisions:

1. Division A– Agriculture, Forestry, and Fishing

2. Division B– Mining

3. Division D– Manufacturing

4. Division E– Transportation, Communications, Electric, Gas and Sanitary Services

5. Division I– Services

A user in the divisions listed may be excluded as an industrial user if it is determined by the Director that such user will introduce into the wastewater system primarily segregated domestic wastes or wastes from sanitary conveniences rather than industrial wastes.

20. Milligrams Per Liter shall mean a unit of the concentration of water or wastewater constituent. It is one one-thousandth (0.001) gram of the constituent in one thousand (1,000) milliliters of water. It has replaced the unit formerly used commonly, parts per million, to which it is approximately equivalent, in reporting the results of water and wastewater analysis.

21. Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

22. NPDES Permit means any permit or equivalent document or requirements issued by the Administrator, or, where appropriate, by the Director, after enactment of the Federal Water Pollution Control Amendments of 1972, to regulate the discharge of pollutants pursuant to Section 402 of the Act.

23. Person shall mean any and all persons, natural or artificial including any individual, firm, company, Municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.

24. PH shall mean the logarithm (base 10) of the reciprocal of the hydrogen-ion concentration expressed in grams per liter of solution. It shall be determined by one of the procedures outlined in “Standard Methods.”

25. PPM shall mean parts per million by weight.

26. Population Equivalent is a term used to evaluate the impact of industrial or other waste on a treatment works or stream. One population equivalent is one hundred (100) gallons of sewage per day, containing seventeen-hundredths (0.17) pound of BOD and twenty-hundredths (0.20) pound of suspended solids. The impact on a treatment works is evaluated as the equivalent of the highest of the three (3) parameters. Impact on a stream is the higher of the BOD and suspended solids parameters.

27. Pretreatment shall mean the treatment of wastewaters from sources before introduction into the wastewater treatment works.

28. Properly Shredded Garbage shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (½”) (1.27 centimeters) in any dimension.

29. Public Sewer shall mean a sewer provided by or subject to the jurisdiction of the City of Maquoketa. It shall also include sewers within or outside the City boundaries that serve one or more persons and ultimately discharge into the City sanitary or combined sewer system, even though those sewers may not have been constructed with City funds.

30. Replacement shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes replacement.

31. Sanitary Sewer shall man a sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface, and groundwaters or unpolluted industrial wastes are not intentionally admitted.

32. Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

33. Sewage Treatment Plant shall mean any arrangement of devices, structures and equipment for treating sewage.

34. Sewage Works shall mean all facilities for collecting, pumping, treating and disposing of sewage as well as the sewage treatment facilities.

35. Sewer shall mean a pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and groundwater drainage.

36. Sewerage shall mean the system of sewers and appurtenances for the collection, transportation and pumping of sewage.

37. Shall is mandatory; “may” is permissible.

38. Slug shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for a period of duration longer then fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration and /or flows during normal operations.
(Ord. 792, passed 8-3-92)

39. Standard Methods shall mean the examination and analytical procedures set forth in the most recent edition of “Standard Methods for the Examination of Water, Sewage, and Industrial Wastes,” published jointly by the American Public Health Association and American Water Works Association and the Federal of Sewage and Industrial Wastes Associations.

40. Storm Sewer shall mean a sewer that carries storm, surface and groundwater drainage but excludes sewage and industrial wastes other than unpolluted cooling water.

41. Stormwater Runoff shall mean that portion of the rainfall that is drained into the sewers.

42. Superintendent shall mean the Chief licensed operator of the Maquoketa Waste Treatment System.

43. Suspended Solids shall mean solids that either float on the surface of, or are in suspension in water, sewage, or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in “Standard Methods.”

44. Unpolluted Water is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

45. Wastewater shall mean the spent water of a community. From this standpoint of course, it may be a combination of the liquids and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.

46. Wastewater Facilities shall mean the structures, equipment, and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.

47. Wastewater Treatment Works shall mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with “waste treatment plant” or “wastewater treatment plant” or “pollution control plant.”

48. Watercourse shall mean a channel in which flow of water occurs, either continuously or intermittently.

49. City shall mean the City of Maquoketa, and any reference to “within the City” shall mean all territory within the perimeter of the City of Maquoketa boundaries.

6-2-2 USE OF PUBLIC SEWERS REQUIRED.

1. Unlawful Discharge of Wastes: It shall be unlawful to discharge to any natural outlet, watercourse or storm sewer within the City or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with the following Sections.

2. Unlawful Construction of Sewage Facilities: Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended for the disposal of sewage.

3. Mandatory Sewer Hook-up: The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at his/her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer within ninety (90) days after the official notice to do so, provided that said public sewer is within two hundred feet (200′) (61 meters) of the property line.

4. Variances: The City Council hereby reserves the authority to vary the strict application of the provisions of this article herein contained, but such variance shall be granted under the following conditions:

a. The Jackson County Sanitarian or appropriate City or County Health Official has inspected the applicant’s private disposal system and has declared in writing that such system meets the minimum requirements of the County’s Private Sewage Disposal Standards. (Jackson County Ordinance No. 29)

b. The length of such variance is limited to a period of ten (10) years or when the applicant’s private sewage disposal system no longer meets the minimum requirements of the County’s Private Sewage Disposal Standards, whichever comes first. The applicant at that time shall be required at his expense to connect such facilities directly with the proper public sewer within ninety (90) days after the official notice to do so.

c. The granting of the variation will not be detrimental to public safety, health or welfare or injurious to other property or improvements in the area in which the property is located.

d. The appropriate official of the Jackson County Health Department shall re-inspect the applicant’s private sewage disposal system every two years after the variance has been granted and every two years thereafter.

6-2-3 PRIVATE SEWAGE DISPOSAL.

1. Where a sanitary or combined sewer is not available under the provisions of Section 6-2-2 (3) of this Chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Section.

2. Before commencing of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent. A permit and inspection fee of twenty-five dollars ($25.00) shall be paid to the City at the time the application is filed.

3. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He/she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of notice by the Superintendent.

4. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the County and City Health Officers and the Iowa Department of Environmental Quality. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than fifteen thousand (15,000) square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.

5. At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in Section 6-2-2 (3), a direct connection shall be made to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned, cleaned, and filled with suitable material.

6. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

7. No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by the approving authority.

6-2-4 BUILDING SEWERS AND CONNECTIONS.

1. Permit Required. No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.

2. There shall be two (2) classes of building sewer permits: a) for residential and commercial services, and b) for service to establishments producing industrial wastes. In either case, the owner or his/her agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. An inspection fee of twenty-five dollars ($25.00) shall be paid to the City at the time the application is filed. This inspection fee is in addition to any connection fee or user fees.

An additional fee of twenty-five dollars ($25.00) will be charged for all inspections required other than during the regular forty (40) hour work week.

3. Cost Borne By Owner. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City for any loss or damage that may directly or indirectly by occasioned by the installation of the building sewer.

4. Prohibited Connections. Every house, store, or other building connected with the public sewer must have a direct connection therewith. In no case shall two (2) or more buildings be allowed to make such connections through one pipe. In no case shall a building be connected to the public sewer through a pipe laid beneath or through property owned by another person. In no case shall any person be permitted to maintain, without the consent of the approving authority, any sewer connection connecting a building owned by him/her to the public sewer across or under the property of another.

Variances, General. The City Council hereby reserves the authority to vary the strict application of the provisions of this article herein contained, but such variance shall be granted under the following conditions:

a) The purpose of the variation is not based exclusively upon a desire for financial gain; and

b) The conditions creating the need for a variance are unique and are not applicable generally to other property and have not been created by any person having an interest in the property; and

c) Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were adhered to; and

d) The granting of the variation will not be detrimental to public safety, health or welfare or injurious to other property or improvements in the area in which the property is located.

5. Building Sewer, Materials– Construction. Methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Code or other applicable rules
of the City.

a. Existing wyes shall be used to connect building sewers to public sanitary or combined sewers. Except for lined concrete sanitary sewers, the Building Inspector may approve a sewer tap at a location where no wye was originally installed. The person making the connection shall make an opening in the Main Sewer similar to the interior diameter of the “Y” branch and then properly cement and attach a saddle in place. The saddle shall have a suitable curvature to conform to the outside diameter of the public sewer.

b. Building sewers shall not be less than four inches (4″) nor more than six inches (6″) in internal diameter of cast iron or hand burned, salt glazed vitrified pipe, equal in quality to the best pipe laid in the public sewers. Where vitrified clay pipe and cast iron is used, it shall have a minimum diameter of four inches (4″).

c. Building sewers between the public sewer and curb line shall be laid on a grade of not less than one foot to ninety-six feet (1’/96′). No deviation will be permitted from this grade unless by special permission of the approving authority.

d. Whenever the grade from the curb to the house connection is less than one foot to ninety-six feet (1’/96′), all discharge pipes leading from kitchen sinks, laundry and stationary wash tubs, or any other receptacles likely to contain grease in any from, shall make direct connection with and discharge their contents into receiving basins; and in all cases bath tubs, water closets, hand basins, and other such receptacles shall connect directly with the main drain.

e. Every person using the public sewers of the City shall provide such fixtures as will allow a sufficient quantity of water to flow into the lateral drain or private sewer and shall keep such private sewer at all times unobstructed.

f. All connections with sewers or drains used for the purpose of carrying off refuse from water closets, or slops from kitchens, shall be provided with fixtures allowing for sufficient water flow to properly carry off such matter.

g. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Building Inspectors to meet all requirements of this Ordinance.

h. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

i. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a sanitary sewer.

j. The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the City. Any deviation from the prescribed procedures and materials must be approved by the Building Inspector before installation.

k. The applicant for the building sewer permit shall notify the Wastewater Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Wastewater Superintendent or his/her representative. The fee for such connection shall be one hundred dollars ($100.00).

l. Any person filling in an excavation without first having received the written approval of the Sewer or Building Inspector as provided in this Chapter, shall, in addition to suffering the fine herein imposed, expose the sewer for inspection by the Sewer or Building Inspector at no cost to the City. In any case where the Inspector finds the work on any sewer not done in a satisfactory manner as herein provided he shall serve a written notice on the person to whom the permit is issued, stating wherein such work is deficient, and ordering said person to remedy such defect within seventy-two (72) hours. In the event such person fails to comply therewith, the Inspector shall cause such defect to be corrected at the expense of the person to whom the permit was issued. The sum of twenty-five dollars ($25.00) as herein provided shall be paid the City as a fee for the performance of the Inspector, and it shall be the duty of the Inspector to inspect any sewer connection or sewer pipe within the City. It shall also be the duty of said Inspector to inform the approving authority of any violation of this Section, and to assist in the prosecution of offenders.

m. All excavations for building sewer installation shall be adequately protected with barricades and lights according to City and State regulations. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored to its original condition.

n. All building sewer connections to the City’s sanitary sewers shall be equipped with a check valve or some equivalent type of device which will prevent the backflow of wastewater or drainage water from the public sanitary sewer into the building sewer.

o. Property owners are required, at the owner’s expense, to immediately and completely replace any orangeburg tile whenever it is encountered during the course of any excavation of any public right-of-way or public utility easement. Orangeburg tile must be replaced with suitable materials as identified by the City’s Standard Specifications.
(Ord. 1003, Passed May, 16, 2005)

6. Connection Fee. If the property described in the application has not been assessed or is not subject to an assessment of special tax for the payment of the cost of construction of the sewer or portions of the sewer including interceptor sewers, lift stations, cross sewers or lateral sewers to which connection is made, a connection fee shall be collected by the Superintendent before a permit shall be issued. The connection fee shall be equal to the special tax that would have been assessed against the property, had the outlet sewer for the property been a cross sewer, lateral sewer, interceptor sewer or lift station. The amount of this fee shall be determined by the Superintendent on an estimate of the cost of construction of such lateral.

The following schedule of fees for connection charges has been established in certain areas and has been determined to be established in certain areas reasonable and equitable and therefore shall be paid to the City by every person whose premises will be served by connecting to the City sewer system in the following areas:

Fees: $100.00 each connection.
Area Description:

Starting at a point 298.1 feet west of the west line of Western Avenue, thence south 1470 feet to a point 150 feet south of the northwest corner of O.L. 51, thence west to the present corporation line, then north along this said corporation line to a point 1641 feet north of Platt Street, then northeasterly to a point 2150 feet north of Platt Street and 167 feet east of the west line of Lot 41, then southeast to a point 217.5 feet west of Arcade Street extended and 1750 feet north of Platt Street, thence south to Platt Street, thence west on the centerline of Platt Street to the point of beginning.

7. City Participation on Extensions: The City may construct or authorize construction of sewer extensions within the service area, but the City shall not be required to make such extensions.

All sewer extensions to new subdivision developments shall be done in accordance with Chapter 3, Subdivisions, of Title V, Land Use Regulations, of this Code of Ordinances and the City’s Standard Specifications. Customers and/or developers of subdivisions shall be responsible for the entire cost of the installation.

Sewer extensions to previously platted and recorded sections or areas within the corporate limits of the City shall be the responsibility of the customer. However, the City Council may approve the payment of a portion of the cost of such extensions.

The City may reimburse the customer for the additional cost to increase the size of the sewer from the standard four inch (4″) lateral connection to an eight inch (8″) sanitary sewer for only that portion of the sewer line that is located within the City’s right-of-way or easement. Such extensions shall be installed in accordance with the City’s Standard Specifications. The City’s portion shall be for material costs only and shall not include labor for installation. The City may designate a sanitary sewer greater than eight inches.

All sewer line extensions shall be evidenced by a contract signed by the City and the customer for such extension. Such contracts shall be approved by the City Council.

All decisions in connection with the method of installation of any extension in the public right-of-way or easement and the maintenance thereof shall remain the exclusive control of the City. Such extension shall be the property of the City and shall be maintained by the City and no other person shall have any right, title, or interest therein.

The City may refuse service to persons not presently customers, when in the opinion of the City Council the capacity of the municipal sewer system will not permit such service.

6-2-5 USE OF PUBLIC SEWERS:

1. Storm and Unpolluted Waters Not Allowed. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

2. Discharge of Storm and Unpolluted Waters. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Superintendent, industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer, or natural outlet.

3. Prohibited Waste. No person shall discharge or cause to be discharged into any public sewer the following described substances, materials, waters, or wastes:

a) Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas.

b) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, or constitute a hazard to humans or animals, or create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant; and, any waters or wastes that would result in the contamination of the City sewage treatment plant sludge which would limit sludge uses or disposal practices.

c) Any waters or wastes having a pH lower than six and five-tenths (6.5) or in excess of nine and five-tenths (9.5), or having any other corrosive property capable of causing damage to structures, equipment or personnel of the sewage works.

d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings metal, glass, rags, feathers, tar, plastics, wool, underground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

4. Discharge Prohibited Except by Permit. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes without a permit from the Superintendent. A permit will not be granted if it appears likely in the opinion of the Superintendent that such discharges can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or otherwise endangered life, limb, public property, or constitute a nuisance. In forming his/her opinion as to the acceptability of these discharges, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

a) Any liquid or vapor having a temperature higher than one hundred fifty degrees (150) Fahrenheit, sixty-five degrees (65) Centigrade.

b) Any water or waste containing fats, wax, grease, oils, or other substances that may solidify or become viscous at temperatures between thirty-two degrees (32) Fahrenheit and one hundred fifty degrees (150) Fahrenheit and zero degrees (0) Centigrade and sixty-five degrees (65) Centigrade.

c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower and seventy-six hundredths (0.87) horsepower metric or greater shall be subject to the review and approval of the Superintendent.

d) Any waters or wastes containing acid iron pickling wastes, or concentrated plating solutions, whether neutralized or not that exceed the acceptable concentration of substances as established in Paragraph 4(e) below.

e) The City Manager and/or Wastewater Treatment Plant Superintendent as authorized by the City Council is hereby authorized to establish maximum acceptable concentrations of waste or chemical substances for discharge into the City sewers:

Waste or Chemical Substance Concentration – mg/l

Arsenic (total) 0.25
Barium (total) 2.0
Boron 1.0
Cadmiun (total) 0.15
Chlorine 5.0
Chromiun (hexavalent) 0.3
Chromium (trivalent) 1.0
Copper (total) 1.0
Cyanide 0.05
Fluoride (total) 2.5
Iron (total) 2.0
Iron (dissolved) 0.5
Lead (total) 0.1
Manganese (total) 1.0
Mercury (total) 0.0005
Nickel (total) 1.0
Oil (hexane solubles or equivalent) 15.0
Phenols 0.3
Selenium (total) 1.0
Silver 0.1
Zinc (total) 1.0

ANY OTHER WASTES OR SUBSTANCES NOT ENUMERATED ABOVE which are similarly objectionable or toxic substances or wastes exerting an excessive chlorine requirement to such a degree that any such material received in the composite sewage of the sewage treatment works would exceed the maximum concentration allowed by the City Manager and/or Wastewater Treatment Plant Superintendent as authorized by City Council.

Substances which are objectionable under this sub-section include waste or water containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l which are discharged to the sewer system downstream from a grease trap or other pretreatment installation required under the terms of this code section.

Any person, partnership, cooperation, or business entity that intends to discharge any of the above named substances into the City sewers; and, any such person or business entity that has been notified by the Superintendent that it is in fact discharging one of the above substances into the City sewers shall make application to the Superintendent of the Maquoketa Waste Treatment System for a permit to discharge such substances and shall apply for a determination by the City Manager and/or Wastewater Treatment Plant Superintendent as authorized by City Council of the maximum acceptable concentration of the substances to be discharged.

Upon receipt of the Application by the person or business entity for a permit to discharge a substance named above and for a determination of the maximum acceptable concentration of that substance to be discharged to the City’s sewers, the Superintendent shall first make a determination whether or not the waste discharged or to be discharged may have a deleterious effect upon the sewage works, processes, equipment or receiving waters; or, that the waste discharged or to be discharged will create a hazard to life or constitute a public nuisance. The City manager and/or Wastewater Treatment Plant Superintendent as authorized by City Council shall then determine upon a remedy set forth in Title VI, Chapter 2, Paragraph 5; and, if the wastes are not rejected and a permit is to be granted, the City Manager and/or Wastewater Treatment Plant Superintendent as authorized by City Council shall determine a maximum acceptable concentration of the substance as allowed in the standards promulgated by the Environmental Protection Agency of the United States of America and approved by the Department of Natural Resources of the State of Iowa.

The determinations of the City Manager and/or Wastewater Treatment Plant Superintendent as authorized by City Council made under this Section shall be communicated in writing to the applicant not less than 10 days following the date that the Iowa DNR makes its determination regarding the substance to be discharged.

If the applicant feels that he/she wishes to appeal any determination of the Superintendent, City Manager and City Council under this paragraph, the applicant shall have twenty (20) days to serve a Notice in Writing of his Appeal on the City Manager at City Hall in Maquoketa, Iowa. The Appeal shall be entitled: APPEAL FROM THE DETERMINATION OF THE CITY MANAGER AND/OR WASTEWATER TREATMENT PLANT SUPERINTENDENT AS AUTHORIZED BY CITY COUNCIL, and it shall state what errors the Superintendent has made in his/her determination upon the application. The City Manager shall have a period of thirty (30) days from the receipt of the appeal to place the matter on the agenda for the City Council. Upon review by the City Council of the application and the determination of the Superintendent and all matters presented on behalf of applicant and the Superintendent, the City Council shall by Resolution uphold the determination of the Superintendent or reverse the determination of the Superintendent with instructions for the Superintendent to reconsider the application.

Upon receiving a resolution upholding the determination of the Superintendent, the applicant may seek relief in the courts of the State of Iowa in such manner as may seem appropriate.

The City Manager and/or Wastewater Treatment Plant Superintendent as authorized by City Council is also authorized to redetermine maximum acceptable concentrations of substances discharged to the City’s sewers and to revoke a permit to discharge a specific concentration of a substance named above which revocation shall become effective upon ten (10) days Notice in writing to the person or business entity discharging the substance. A person or entity aggrieved by a redetermination of the Superintendent, City Manager and City Council or any action taken by the City Manager and/or Wastewater Treatment Plant Superintendent as authorized by City Council under this Chapter to enforce the redetermined acceptable concentration may appeal to the Council and the Courts of Iowa as set forth in this Chapter.

f.) It shall be a violation of this Ordinance to discharge a substance described in 6-2-5(e) above unless the person or entity responsible for the discharge has obtained a permit for the discharge and a determination of the acceptable concentration of the substance discharged as set forth in (e) above.

g.) Any radioactive wastes or isotopes of such half life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations.

h.) Any waters or wastes having a pH in excess of nine and five-tenths (9.5).

i.) Materials which exert or cause:

1. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

3. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

4. Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

j.) Waters or wastes, containing substances which are not amenable to treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

k.) All exhaust from steam engines and all blow offs from steam boilers shall be first connected with a proper catch basin, and shall not be allowed to connect directly with the public sewers without special permission from the approving authority.

5. Deleterious Waste. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 6-2-5(4), and which in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

a.) Reject the wastes.

b.) Require pretreatment to an acceptable condition for discharge to the public sewers.

c.) Require control over the qualities and rates of discharge.

d.) Surcharge extra strength discharges to cover the added costs of handling and treating of such discharges not covered by existing taxes of sewer charges.

If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, ordinances, and laws.

6. A grease trap that complies with the requirements of this section shall be installed in the waste line leading from sinks, drains, and other fixtures or equipment in the following establishments: restaurants, cafes, lunch counters, cafeterias, bars, taverns and clubs, hotel, hospital, sanitarium, factory or school kitchens, or other establishments where food is prepared for distribution to the public or is prepared for sale or for compensation. A grease trap shall be installed in any other building at which grease or oil may be introduced into the drainage or sewage system in quantities that can effect line stoppage or hinder sewage treatment or private sewage disposal. A grease trap is not required for individual dwelling units or for any private living quarters. A grease trap required by this section shall be installed and its operation and maintenance shall be according to the requirements of Chapter 10 and Appendix H of the Uniform Plumbing Code 1994 as adopted by the Iowa Building Code Commissioner and as that code may from time to time be amended by the Iowa Building Code Commissioner.

The use of enzymes to clean or flush a grease trap is prohibited and any means of cleaning a grease trap other than the means required by this ordinance is prohibited.

7. Predischarge Facilities Maintenance. Where preliminary treatment of flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

8. Sampling Control Manhole. Each industrial user shall be required to install a sampling control manhole, and when required by the Superintendent, the owner of any property serviced by an existing building sewer carrying industrial or commercial wastes shall install a suitable sampling control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes, The industry’s sampler shall be a unit which can be set to gather a minimum of four (4) samples per hour and have the capability to gather flow proportioned samples. The industry’s wastewater flow meter shall have the capability of pacing a flow proportion sampler, said flow meter will be calibrated by a qualified technician yearly. The sampling control manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole and equipment shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
(Ord. 792, passed 8-3-92)

9.Measurements, Tests, and Analyses. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Chapter shall be determined in accordance with the latest edition of “’Standard Methods for the Examination of Water and Waste Water,” published by the American Public Health Association, American Water Works Association and Water Pollution Control Federation, now named the Water Environment Federation, and shall be determined at the control manhole provided, or upon suitable samples taken at said manhole. The measurements, tests and analyses of waters and wastes to which is made in this Chapter shall be completed by a laboratory certified by the President of the Iowa Water Pollution Control Association. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected, Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analysis involved will determine whether a twenty-four (24) hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken.) Normally, but not always BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls whereas pH’s are determined from periodic grab samples.

Any person discharging wastes having concentrations greater than the “normal” concentrations as set forth herein shall upon notification by the approving authority install a composite sampler with a compatible pacing (metering) device for monitoring said substances. The pacing and sampling devices shall be of a type approved by the Superintendent.
(Ord. 792, passed 8-3-92)

10. Right To Contract For Treatment of Industrial Wastes. No statement contained in this Section shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to approval of the industrial wastes characteristics by the City and subject to any payment therefor by the industrial concern.
(Ord. 931, passed 2-21-00)
6-2-6 PROTECTION FROM DAMAGE.

1. Prohibited Acts. No unauthorized person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works.

6-2-7 POWERS AND AUTHORITY OF INSPECTORS:

1. Inspections. The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurements, sampling, and testing in accordance with the provisions of this Ordinance. A key to the industry’s sampling building and/or manhole, will be provided to the City for the purpose of entering this area to inspect the sampler, gather and composite the sample and complete all other necessary work to monitor the waste leaving the industry when the sample will be composite, if the industry requests such notification. The Superintendent or his/her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. The Superintendent will be allowed to tour the industry’s processing plant, after giving notice and allowing a short time, no more than one day, to schedule such a tour.
(Ord. 792, passed 8-3 92)

2. Inspection on Easements: The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

3. Indemnity of User. While performing the necessary work on private properties referred to in this Chapter, the Superintendent or other authorized representative shall observe all safety rules applicable to the premises established by the user and the user shall be held harmless for injury or death to the City employees and the City shall indemnify the user against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the user and growing out of the gauging and sampling operation, except as any of such as may be caused by negligence of the user, its agents or employees to maintain safe conditions.

6-2-8 ENFORCEMENT.

1. Notice to Correct. Any person found to be violating any provisions of this Chapter except Section 6-2-6 shall be served by the Superintendent with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Such notice may be given by certified mail or by personal service. If given by certified mail, the notice shall be deemed given when mailed. The offender shall within the period of time stated in such notice, permanently cease all violations specified therein.

2. Violation A Misdemeanor. Any person who shall violate any provision of this Chapter, shall be guilty of a misdemeanor, and on conviction thereof, shall be imprisoned for a period not exceeding thirty (30) days or fined in an amount not exceeding one hundred dollars ($100.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

3. Other Remedies for Violations:

a.) Any person violating any of the provisions of this Chapter shall be liable to the City for any damage, loss, cost or expense occasioned by reason of such violation.

b.) A violation of any of the provisions of this Chapter shall be deemed to be a nuisance and the City Council, after reasonable notice and opportunity for hearing, may:

1. Order the Superintendent to take necessary measures to correct and abate such violation, and the Superintendent is authorized to enter on private property to do so. A key to the industry’s wastewater treatment plant will be provided to the Superintendent to be used to enter and inspect and correct and abate such violation.

2. In the event a violation of the provisions of this Chapter creates an immediate hazard to the wastewater facilities or to the operation thereof, to the health and safety of any person, or to the preservation and protection of any property, the Superintendent is authorized and directed to perform all necessary acts, without prior notice or hearing, to correct and abate such violations and may enter on private property to do so.

c.) The cost of any corrective measures required or permitted under the provisions of this Section shall be a lien on the property served by the wastewater facilities in connection with which such violation has occurred and shall be levied and collected by the City Council as ordinary taxes.

d.) In addition to any other remedies provided for in this Chapter, the City may bring suit to collect any sums due it, including user charges and industrial cost recovery charges, from the person or persons incurring the liability for the payment of such charges. (Ord. 792, passed 8-3-92)
(Ord. 505, passed 5-2-77)

SAMPLE REPLACEMENT SCHEDULE
Income
Year Item Expenditure Principal Int.(7%) Balance

1 29,563 – 29,563
2 29,563 2,069 61,195
3 29,563 4,284 95,042
4 29,563 6,653 131,258
5 Raw Sewage Pumps 24,553 29,563 9,188 145,456
Flow Meters
Chlorine Feed System
Raw Sludge Pumps
Sludge Recirculation Pumps
Emergency Pump
Contingencies
6 29,563 10,182 185,20l
7 29,563 12,964 227,728
8 29,563 l5,941 273,232
9 29,563 19,126 321,921
10 Raw Sewage Pumps 209,486 29,563 22,534 164,532
Flow Meters
Chlorine Feed System
Raw Sludge Pumps
Sludge Recirculation Pumps
Emergency Pump
Contingencies
Grit Collection
Comminutor
Vacuum Priming System
Primary Clarifiers
Final Clarifiers
Chlorine Mixing System
Stormwater Pumps
Blowers
Digester Cover and Equipment
Generator
General Equipment
11 29,563 11,517 205,612
12 29,563 14,393 249,568
13 29,563 17,470 296,601
SAMPLE REPLACEMENT SCHEDULE (continued)

Income
Year Item Expenditure Principal Int.(7%) Balance

14 29,563 20,762 346,926
15 Raw Sewage Pumps 227,6l8 29,563 24,285 173,156
Flow Meters
Chlorine Feed System
Raw Sludge Pumps
Sludge Recirculation Pumps
Emergency Pump
Contingencies
Rotating Bio-Disc Unit
Lagoon Aeration System
16 29,563 12,121 214,840
17 29,563 15,039 259,442
18 29,563 18,161 307,166
19 29,563 21,502 358,231
20 Raw Sludge Pumps 412,155 29,563 25,076 715
Flow Meters
Chlorine Feed System
Raw Sludge Pumps
Sludge Recirculation Pumps
Emergency Pump
Contingencies
Grit Collection
Comminutor
Vacuum Priming System
Primary Clarifiers
Final Clarifiers
Chlorine Mixing System
Stormwater Pumps
Blowers
Digester Cover and Equipment
Generator
General Equipment

CALCULATION OF ANNUAL REPLACEMENT REVENUES TO BE COLLECTED

I. Today’s Replacement Cost 5 Years 10 Years 15 Years 20 Years
Grit Collection – replace 7,500 7,500
Comminutor – rebuild 6,000 6,000
Raw Sewage Pumps – rebuild 3,000 3,000 3,000 3,000
Vacuum Priming System – replace 2,000 2,000
Primary Clarifiers – replace 7,500 7,500
Rotating Bio-Disc Unit – replace 60,000
Final Clarifiers – replace 7,500 7,500
Flow Meters, Samplers & Accessories
– rebuild 2,500 2,500 2,500 2,500
Chlorine Feed System – replace 1,000 1,000 1,000 1,000
Chlorine Mixing System – rebuild 2,500 2,500
Stormwater Pumps – rebuild 20,000 20,000
Blowers – rebuild 10,000 10,000
Lagoon Aeration System – replace 5,000
Raw Sludge Pumps – rebuild 2,000 2,000 2,000 2,000
Digester Cover and Equipment- replace 10,000 10,000
Sludge Recirculation Pumps – rebuild 3,000 3,000 3,000 3,000
Generator, Fuel Tank and Transfer
Switch – rebuild 10,000 10,000
Emergency Pump – rebuild 1,000 2,000 1,000 2,000
General Equipment (lab furniture,
equipment, etc.) – replace 5,000 5,000
Contingencies 5,000 5,000 5,000 5,000
l7,500 106,500 82,500 106,500

II. Future Replacement Cost
(assume 7% inflation)

Present Cost (interest factor) (1.403) (1.967) (2.759) (3.870)

5-year cycle – $17,500 24,553 34,423 48,283 67,725

10-year cycle – $89,000 – 175,063 – 344,430

15-year cycle – $65,000 – – 179,335 –

20-year cycle – $0.00 – – – –
______ ¬¬¬______ ______ ______
Future Replacement Cost 24,553 209,486 227,618 412,115

III. Annual Requirements 5 Years 10 Years 15 Years 20 Years

Future Replacement Costs 209,805 227,700 412,115
– 24,556 * – 24,556 * – 24,556*
5-Yr. @ 7%: (0.17389)**(24,553)=
$4,270
185,249 203,144 387,599
-185,249 – 77,106 * – 77,106*
10-Yr.@ 7%: (0.07238)**(184,249)=
$13,408
0 126,038 310,493
-126,038 – 28,840*
15-Yr. @ 7%: (0.03979)**(126,038)=
$5,015
0 281,653 -281,653*
20-Yr. @ 7%: (0,02439)**(281,653)=
$6,870 0

Total Annual Requirement = $29,563

* Value of sinking fund at terminal date (5.75074) X Future Replacement Cost
** Uniform series end-of-period equal to future sum.

Chapter 1-Electric Utilities

Article A Electric Rates

6-1A-1 RATES

6-1A-1 RATES. The rates for electric service shall be set by Resolution of the Utility Board of Trustees as set forth in Section 2-23-8 of this Code.

Article B Electric Construction

6-1B-1 PURPOSE
6-1B-2 SCOPE
6-1B-3 DEFINITIONS
6-1B-4 COMPLIANCE
6-1B-5 CONSTRUCTION STANDARDS
6-1B-6 DUTIES OF A COMPANY

6-1B-1 PURPOSE. In order to protect the public health, safety, and welfare, to promote a pleasing aesthetic appearance, and to facilitate the provision of city services, it is the purpose of this Ordinance to regulate within the City the construction, operation, and maintenance of facilities for the transmission and distribution of electricity to the public for compensation, and to keep the City apprised to the operation of electric utilities within the City.

6-1B-2 SCOPE. The provisions of this Ordinance shall apply to all Companies, as defined in Section 3 of this Ordinance.

6-1B-3 DEFINITIONS. For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When, not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.

1. “City” shall mean the City of Maquoketa, a municipal corporation of the
State of Iowa.

2. “Company” shall mean any individual, partnership, co-operative, business association, or corporation owning or operating, within the corporate limits of the City, any facilities for furnishing electricity to the public for compensation.

3. “Council” shall mean the City Council of the City of Maquoketa, Iowa.

4. “Facilities” shall mean any overhead or underground electrical transmission or distribution line, along with related equipment and appurtenances.

5. “Person” shall mean an individual, partnership, co-operative, association, organization, corporation, or any lawful successor, transferee, or assignee of said individual, partnership, co-operative, association, organization, or corporation.

6. “Shall” and “Must” each is mandatory and not merely directory.

7. “Street” shall include each of the following which have been, or in the future are, dedicated to the public, maintained under public authority, and located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, city-owned easements, rights of way, and similar public ways and extensions and additions thereto.

8. “Superintendent” shall mean the superintendent of the City Electric Distribution System of the City.

6-1B-4 COMPLIANCE. It shall be unlawful for any Company to construct, operate, or maintain on City property any facilities, or to cause the construction, operation, or maintenance on City property of any facilities, without having fully complied with the provisions of this Ordinance.

6-1B-5 CONSTRUCTION STANDARDS. All Company facilities constructed, reconstructed, erected, relocated, or repaired within the corporate limits of the City shall:

1. When occupying City property, be located so as to cause minimum interference with proper use of City property and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any City property.

2. Be located so as to provide adequate sight distances and so as not to obstruct any traffic signals or signs. If any sight distances are inadequate or any traffic signals or signs are obstructed the Company shall, at no expense to the City and in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways relocate either its facilities or the traffic signals or signs.

3. Be located at least six feet (6′) from any fire hydrant. If any facilities are not so located the Company shall, at no expense to the City, relocate its facilities.

4. Be constructed so as to provide for safe underbuilding of and located so as not to endanger or interfere with any facilities of another Company and with any other public utilities, including, but not limited to, natural gas pipelines, telephone wires, cable television wires, telephone or cable television underground conduits, fire hydrants, water pipes, sanitary sewers, and storm sewers. To these ends, the superintendent may, after consultation with affected persons and Companies, promulgate rules establishing utility corridors on City property and standardized placement of public utilities within those corridors.

5. Be kept and maintained in a safe, adequate, and substantial condition in accordance with all applicable federal, state, and local safety codes.

6-1B-6 DUTIES OF A COMPANY.

1. Safety. A Company shall at all times employ care and shall install and maintain in use commonly accepted methods and devices, as prescribed by the Iowa Electrical Safety Code, for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, or other warning and protective devices shall be used at such times and places as are reasonably required for the safety of the members of the public.

2. Restoration. A Company shall, at no expense to the City and in a manner approved by the superintendent, restore any damage to or disturbance of City property resulting from the Company’s operations, or construction, reconstruction, erection, relocation, or repair on the Company’s behalf, so that the City property is in as good a condition as before the work was commenced. The Company shall guarantee and maintain such restoration against defective materials or workmanship for a period of two (2) years. Because of impending work by the City or another public utility, the superintendent and the Company may agree to a less stringent arrangement.

3. Relocation. A Company shall, at no expense to the City, protect, support, temporarily disconnect, relocate or remove temporarily or permanently, any of its facilities when, in the opinion of the superintendent, the same is required by reason of traffic condition, public safety, street vacation, street construction, change or establishment of street grade, installation of storm sewers, sanitary sewers, drains, water pipes, natural gas pipelines, power lines, signal lines, transportation facilities, tracks, or any other types of structure or improvements by governmental agencies whether acting in a governmental or proprietary capacity, and any general program under which the City shall undertake to cause all such facilities to be located underground.

4. Location and exposure. If requested to by the superintendent because of impending construction, reconstruction, or maintenance, a Company shall locate and expose any of its underground facilities, at no cost to the City. In an emergency situation the Company shall immediately locate and expose the facilities. In a routine situation the Company shall locate and expose the facilitates within twenty-four (24) hours of the superintendent’s request. No construction permit shall be required for work under this paragraph.

5. Moving buildings. A Company shall, on the request of any person holding a building moving permit issued by the City, temporarily move any of its facilities to permit the moving of buildings. The expense of such temporary moves shall be paid by the person requesting the same. A Company shall be given not less than three (3) days advance notice to arrange for such temporary moves of its facilities