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HomeMy Public PortalAboutORD 262-05-21_Code Amendment Solid Waste_05192021lnst~ument R 1688~8~ Bonneville County~ Idaho Falls, Idaho 06/02/2021 02:17:~8 PM No . of Pages: 4 Recorded fer : CITY OF IONA ~ Penny Manning Fee : $0 .00 i~d~~f(;~0 o~~I~A~~~ Deputy-------------------------- ORDINANCE NO. 262-05-21 AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTIONS 6-5-4, 6-5-5, AND 6-5-6 OF THE IONA CITY CODE; SPECIFYING FEES AND PROCEDURES FOR SOLID WASTE HAULER LICENSE APPLICATIONS AND RENEWALS; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA , IDAHO THAT: Section 1. Amendment of Section 6-5-4 of the Iona City Code. Section 6-5-5 of the Iona City Code is amended as follows: 6-5-4: LICENSE APPLICATION REQUIREMENTS. Haulers and prospective haulers or applicants shall comply with the following license requirements. (A) Application Requirements. The City Clerk shall provide an application form for a License or License renewal under the provisions ofthis Chapter. The application shall not be considered complete until the City Clerk has received all information, materials , certificates of insurance, and fees required under this Chapter. If a License application is incomplete or otherwise does not conform to the requirements set forth in this Ordinance, the City Clerk shall advise the applicant of the reasons for non-acceptance and may request that the applicant resubmit, modify, or otherwise alter the application. Each License granted pursuant to the provisions of this Chapter shall expire on December 31st of each calendar year, unless revoked earlier. (B) License Fees. The Hauler and prospective haulers or applicants shall pay all License Fees to the City Clerk with the initial License application or the License renewal application. The initial application fee shall be $100.00amounts of such license fees , the renewal fee s shall be $50.00, and any re-application (other than a renewal) shall be considered an initial application and charged the initial application fee of $100 .00late fees for submittal ofa late application shall be established in a fee schedule set by the City Council by Resolution or Ordinance . (C) Vehicles Licensed. All vehicles used for the Collection and Transportation of Solid Waste and Recyclables in the City shall be listed on the license application. The applicant shall specify the make, model, year, and license number of each vehicle. If a vehicle is put into service during the license year, the Hauler shall promptly submit the required information for the vehicle to the City Clerk. (D) Recycling Services. If the Hauler wishes to offer Recycling Services , the Hauler shall designate such intent in the application. Section 2. Amendment of Section 6-5-5 of the Iona City Code. Section 6-5-5 of the Iona City Code is amended as follows: 6-5-5 : REVIEW OF HAULER LICENSE APPLICATION. After recetvmg accepting a complete License application that includes all required information , the City Clerk shall ha¥e-schedule the matter within 60 days for the City Council to either grant, grant with conditions, or deny the License , subject to the applicant 's agreement to a longer time . If any applicant is denied a License , the applicant shall be notified in writing by the City Clerk of the reasons for the denial of the License. A denial shall be without prejudice to the applicant 's right to file a further application after revisions are made to meet objections specified as reasons for the denial. (E) Operational Conditions. The Licensee shall comply with the operational conditions stated in the License approved by the City Council. Failure of the Licensee to comply with such operational conditions is a violation of this Chapter and the Licensee is subject to the penalties provided herein. (F) Contingent Licens e/ _QL_Special Conditions . A License may be granted that is contingent upon compliance with special conditions specified in the License. Such conditions , if any , shall be designed to promote the health, welfare~ and safety of the public pursuant to this Chapter. Failure of the Licensee to comply with such special conditions is a violation of this Chapter and is subject to the penalties provided herein. Section 3. Amendment of Section 6-5-6 of the Iona City Code. Section 6-5-6 of the Iona City Code is amended as follows: 6-5-6: TERM OF HAULER LICENSE AND RENEWALS . The term and renewal of a Hauler Licenses are governed by this section. (A) Term of License. The term of a Hauler License granted pursuant to the provisions of this Chapter shall be for up to one ye.ar, but shall in any event expire on December 31 of the year the License is granted, unless sooner renewed , suspended~ or revoked. (B) Renewal of License. Application for renewal of a License shall be made in writing to the City Clerk by December 1st of the expiration year and shall be signed by an individual authorized to act on behalf of and bind the Licensee . Application for a License renewal shall contain a statement of any changes in the information submitted from the last approved License application. Failure to submit such information is grounds for revocation or for not granting renewal of the License . If there are no changes in the Application information from the previous year, it shall be so stated in the renewal application. An application for a License renewal may be approved by the City Clerk or may be scheduled for consideration by the City Council in accordance with the procedures for an initial License application under this Chapter. (C) License Not Transferable. Licenses granted by the City Clerk under this Section Chapter, including any renewals thereof, are not transferable to other Persons. Section 4. Methodology. Text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance or Code Section to another location is similarly shown as underlined text, being stricken through in its prior position. Section 5. Preservation of Prior Ordinance. The sections of the Iona City Code repealed and/or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution, punishment, and indebtedness of any person who violates such provisions prior to the effective date hereof. Section 6. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 7. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this ~ay of -----+-'----"'ffi.c«.._________t-' 2021. ATTEST: Keri West City Clerk ~, Mayor ST ATE OF IDAHO ) )ss. County of Bonneville ) I, KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO , DO HEREBY CERTIFY: That the above and foregoing is a full , true and correct copy of the Ordinance entitled , "AN ORDINANCE OF THE CITY OF IONA, IDAHO ; AMENDING SECTIONS 6-5-4 , 6-5-5, · AND 6-5-6 OF THE IONA CITY CODE; SPECIFYING FEES AND PROCEDURES FOR SOLID WASTE HAULER LICENSE APPLICATIONS AND RENEWALS ; PROVIDING METHODOLOGY ; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE ; PROVIDING FOR SEVERABILITY ; AND ESTABLISHING AN EFFECTIVE DATE." Keri West City Clerk \\Law\data\WPDATA\DAR\_l Pending\2708-2021 City of lona\ORDI NANCES\Fire Hydrant Obstruction ORD vOl.docx