106.01 COLLECTION SERVICE. The collection of solid waste within the City shall be by private contract with collectors. Collectors must comply with the following:
1. License Required. Any commercial hauler, hauling or arranging for hauling, within the City/County without first obtaining a license from the Fremont County Sanitary Landfill Commission shall be in violation of this chapter.
2. Designation of Disposal Site. For purposes of complying with Code of Iowa Section 455B and the 28E agreement which created the Fremont County Landfill Commission, any commercial hauler, hauling or arranging for hauling, within the City/County must dispose of all refuse at the site designated by the Fremont County Solid Waste Comprehensive Plan or said commercial hauler shall be in violation of this chapter.
3. Municipal Infraction Penalty. A violation of this chapter or the omission or failure to perform any act or duty required by the same, is a municipal infraction.
4. Alternative Relief. Seeking a municipal infraction of this chapter does not preclude the City from seeking alternative relief in the same action. Such alternative relief may include, but is not limited to, injunctive relief sought in a court of law.
5. Fremont County Sanitary Landfill Commission Authorized to Enforce. In accordance with the 28E Agreement to which the City belongs and which created the Fremont County Landfill Commission, the City hereby authorizes the Fremont County Landfill Commission to enforce this chapter. All other officers or agents of the City/County authorized to enforce its ordinances generally may also enforce this chapter.

106.02 COLLECTION VEHICLES. Vehicles or containers used for the collection and transportation of garbage and similar putrescible waste or solid waste containing such materials shall be leak-proof, durable and of easily cleanable construction. They shall be cleaned to prevent nuisances, pollution, or insect breeding and shall be maintained in good repair.
(567 IAC 104.9)

106.03 LOADING. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak, or spill therefrom, and shall be covered to prevent blowing or loss of material. Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.

106.04 FREQUENCY OF COLLECTION. All solid waste shall be collected from residential premises at least once each week and from commercial, industrial, and institutional premises as frequently as may be necessary, but not less than once each week.

106.05 BULKY RUBBISH. Bulky rubbish that is too large or heavy to be collected in the normal manner of other solid waste may be collected by the collector upon request in accordance with procedures established by the Council.

106.06 RIGHT OF ENTRY. Solid waste collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste, as required by this chapter; however, solid waste collectors shall not enter dwelling units or other residential buildings.

106.07 LANDFILL FEE.
1. Landfill Fee. A monthly landfill fee in the amount of $3.67 (five percent increase) shall be collected from each customer. Such fee is due and payable under the same terms and conditions provided for payment of a combined service account as contained in Section 92.03
2. Payment of Bills. All fees are due and payable under the same terms and conditions provided for payment of a combined service account as contained in Section
92.03 of this Code of Ordinances. Solid waste collection service may be discontinued in accordance with the provisions contained in Section 92.04 if the combined service account becomes delinquent, and the provisions contained in Section 92.07 relating to lien notices shall also apply in the event of a delinquent account.

106.08 LIEN FOR NONPAYMENT. Except as provided for in Section 92.06 of this Code of Ordinances, the owner of the premises served and any lessee or tenant thereof are jointly and severally liable for fees for solid waste collection and disposal. Fees remaining unpaid and delinquent shall constitute a lien upon the property or premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.
(Code of Iowa, Sec. 384.84)


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