Chapter 8.05
GARBAGE, REFUSE, YARD WASTE, AND LITTER CONTROL
Sections:
8.05.040 Separation of garbage, refuse, and yard waste.
8.05.050 Accumulations of garbage, refuse, and yard waste.
8.05.060 Transportation of garbage, refuse, and yard waste.
8.05.070 Scattering of refuse, unauthorized dumping, and littering prohibited.
8.05.080 Junk vehicles and junk or salvage material.
8.05.100 Collection of cost of abatement.
8.05.130 Separability of provisions.
Prior legislation: Code 2009 §§ 4-1-1 – 4-1-8 and Ords. 25, 125, 126 and 127.
8.05.010 Purpose.
The purpose of this chapter is:
A. To provide a safe, effective, and reasonable method of separation of yard waste, garbage, refuse, and solid waste in order to promote the best use of Iowa land; and
B. To encourage, promote, and regulate disposal of yard waste, garbage, refuse, and other solid wastes; and
C. To regulate the collection and disposal of waste, litter, garbage, junk vehicles, and junk or salvage material; and
D. To protect the health, safety, and rights of the residents of Black Hawk County from neglected properties allowing waste, litter, garbage, and/or junk to be placed, discarded, or abandoned and from individuals who would cause or allow such on public or private property. [Res. passed 1/7/2025 (BOH Res. passed 12/18/24).]
8.05.020 Applicability.
The provisions contained herein apply to each owner and occupant of any farm, business, or dwelling unit located within unincorporated areas in Black Hawk County, Iowa. [Res. passed 1/7/2025 (BOH Res. passed 12/18/24).]
8.05.030 Definitions.
“Board of Health” means the Black Hawk County Board of Health.
“Building materials” means any material such as lumber, brick, plaster, sheet metal, or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings, or demolition of existing structures.
“Business” means each separate establishment for carrying on a gainful occupation, including retail, manufacturing, wholesale, institutional, governmental, farming, or other nonresidential establishments at which garbage or trash may be generated.
“Business trash” means any waste accumulation of dust, paper, cardboard, packing materials, rags or other accumulations, other than garbage or household trash, which is usually attendant to the operation of any business establishment.
“Compost” shall mean organic material resulting from biological decomposition of waste, which can be used as a soil additive.
“Detachable container” means a watertight unit which is used for collecting, storing, and transporting building materials, business trash, industrial waste, hazardous refuse, refuse, or yard trash. The unit may or may not use an auxiliary stationary packing mechanism for compaction of materials into the container and may be of the open or enclosed variety. The distinguishing feature of the detachable container is that it is picked up by a specially equipped truck and becomes an integral part of the truck for transporting the waste materials to the disposal site.
“Discard” means to place, caused to be placed, throw, deposit, or drop.
“Dwelling unit” means each household unit occupied by a single family.
“Enclosed building” means any structure or portion thereof built for the enclosure of property containing a roof and having solid exterior walls of the structure or portion thereof constructed in such a manner as to obscure from any street or adjacent property the contents thereof.
“Enforcement authority” means the Black Hawk County Board of Health, or their authorized designee.
“Farm” includes stock, dairy, poultry, fruit, furbearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards and woodlands.
“Garbage” means the byproducts of animal or vegetable foodstuffs resulting from the handling, preparation, cooking or consumption of food, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which during or after decay may serve as breeding or feeding material for flies, insects or animals.
“Hazardous materials” means any hazardous waste or hazardous substance regulated by state and federal law, including materials such as poison, acids, caustics, chemicals, infected materials, offal, fecal matter, and explosives.
“Health Department” means Black Hawk County Public Health.
“Health Officer” means an authorized representative of the Black Hawk County Board of Health or their designee.
“Health nuisance” includes any act, failure to act or condition, which is dangerous or detrimental to the life, health, or related safety of one or more persons.
“Household trash” means every waste accumulation of paper, sweepings, dust, rags, bottles, cans or other matter of any kind, other than garbage, white goods (i.e., refrigerators, stoves, water heater and similar type appliances and fixtures) and furniture, which is usually attendant to housekeeping.
“Industrial waste” means all waste, including solids, semisolids, sludges, and liquids, created by factories, processing plants or other manufacturing enterprises.
“Junk” shall include any junk vehicles and junk or salvage material.
“Junk or salvage material” means scrap copper, brass, rope, rags, batteries, paper trash, tires and rubber debris, waste, iron, steel or other scrap ferrous or nonferrous materials, appliances, furniture, equipment, building demolition materials, structural steel materials, or similar materials, including parts of motor vehicles.
“Junk vehicle” means any unlicensed vehicle that is not stored within an enclosed building, and/or which has any of the following characteristics:
1. Any vehicle which has become the habitat of rats, mice, snakes or any other vermin or insects.
2. Any motor vehicle if it lacks an engine or one or more wheels or tires or other structural parts, which render said motor vehicle totally inoperable or unable to move under its own power.
3. Any vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health or safety.
“Litter” means trash, refuse, waste materials or any other improperly discarded, used or unconsumed substance, including, but not limited to, tin cans, paper products, ashes, rags, etc.
“Person” means an individual person, user, responsible party, entity, business, firm, corporation, association, partnership, venture or any combination thereof or any agent, representative or fiduciary thereof.
“Premises” shall mean the property occupied by a separate family or business unit whether or not the same be separately owned.
“Refuse” means solid waste accumulations consisting of garbage, household trash, yard wastes, and business trash as herein defined.
“Refuse receptacle” and “yard trash container” mean a metal, plastic or two-ply craft paper bag container, of substantial construction sufficient for safe and convenient handling. Two-ply craft paper bags shall meet the standards set for refuse sacks by the Technical Association of Pulp and Paper Industry. Polyethylene plastic bags must meet the standards set for trash bags by the Society of Plastics Engineers. Such containers shall be in good and serviceable condition and of such size, shape and weight that, when full, they are capable of being safely handled by one individual. Paper or plastic bags shall be closed by a tight sealing method of suitable type, such as drawstring, wire tie, or multiple folds. Containers shall be kept covered or closed at all times.
“Unlicensed vehicle” means any vehicle which is required to be licensed to be operated on a public street or highway, but which is not displaying a valid and current license, regardless of whether or not the vehicle is being operated on a public street or highway and regardless of whether or not the vehicle is registered as “in storage.”
“Vehicle” means any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle or any combination thereof.
“Yard wastes” shall mean organic debris such as grass clippings, leaves, tree limbs, bark, branches, flowers, etc., that are produced as part of yard and garden development or maintenance. Yard waste shall not include:
1. Tree stumps.
2. Material meeting the definition of garbage as provided herein.
3. Flower and decorative products manufactured or fabricated or the waste byproducts incidental to their manufacture or fabrication, which includes organic materials and other nonorganic wastes which are not practically separable. Examples of this exemption include, but are not limited to, things such as flower arrangements, decorative potted plants, wreaths, bouquets, garlands, and small bedding flats.
4. Dirt, rocks, large branches, and bulky or noncombustible material. [Res. passed 1/7/2025 (BOH Res. passed 12/18/24).]
8.05.040 Separation of garbage, refuse, and yard waste.
A. All yard waste shall be separated from all other garbage and refuse accumulated on the premises by the owner or occupant and disposed of as hereinafter provided.
B. It shall be a violation of this chapter to deposit any garbage, refuse, hazardous materials, or yard waste in any location within Black Hawk County unless deposited as provided by County ordinance, or state or federal law.
C. Disposition of garbage, refuse, and yard waste shall be in areas designated by the Black Hawk County Board of Supervisors and the Black Hawk County Solid Waste Commission.
D. Composting. Yard waste which is generated upon the same premises where it originated may be composted and disposed of by composting on that premises, provided the composting does not create a health nuisance, under Chapter 8.10 BHCC, Nuisance. [Res. passed 1/7/2025 (BOH Res. passed 12/18/24).]
8.05.050 Accumulations of garbage, refuse, and yard waste.
It shall be unlawful for any person to permit accumulation on any premises, improved or vacant, or any public place in the County, any quantities of garbage, refuse or yard waste, either in containers or not, which shall, in the opinion of the Health Department, constitute a health nuisance under Chapter 8.10 BHCC. [Res. passed 1/7/2025 (BOH Res. passed 12/18/24).]
8.05.060 Transportation of garbage, refuse, and yard waste.
No person shall haul, transport or otherwise convey any garbage, refuse, hazardous materials, industrial waste, building materials, yard waste, or any other waste material within this County unless the same is contained in covered receptacles or is otherwise secured either to or within the vehicle so that said material does not fall or blow off or out of the vehicle hauling the same. In the event any of said material falls or blows off or out of the vehicle, the person hauling the same shall clean up all the waste material. [Res. passed 1/7/2025 (BOH Res. passed 12/18/24).]
8.05.070 Scattering of refuse, unauthorized dumping, and littering prohibited.
It shall be unlawful for any person to:
A. Scatter refuse about or litter any public or private street, road, or highway, area, or place;
B. Cast, throw, place, sweep or deposit anywhere within the County any refuse or trash in such a manner that it may be carried or deposited by the elements upon any street, road, sidewalk, alley, sewer, parkway, or other public place or into any occupied or unoccupied premises or area within the County, except those permitted by law; or
C. Throw or deposit any refuse, trash or debris in any stream or body of water.
D. Use any lot, open space, or roadway in the County instead of the location provided for or established by the Black Hawk County Board of Supervisors for the dumping or depositing of dead animal matter and offensive materials, including garbage, refuse, and yard waste. [Res. passed 1/7/2025 (BOH Res. passed 12/18/24).]
8.05.080 Junk vehicles and junk or salvage material.
A. Health Nuisance Declared. Except as hereinafter provided, it is hereby declared that the unlawful storage of junk upon either public or private property within the unincorporated areas of Black Hawk County constitutes a threat to the health and safety of the citizens and is a health nuisance. If any junk vehicle is unlawfully stored upon private property in violation hereof, the owner of said vehicle and the owner of the property shall be liable for said violation. This shall include junk stored within licensed vehicles or trailers for periods longer than 20 days.
B. Abatement. If the owner of the junk or the owner of the property upon which the junk is located fails to remove or repair in accordance with the terms of the provisions of this section, the Health Officer may abate such nuisance by causing the junk to be removed and impounded and sold or disposed of as specified herein, and the cost of abatement shall be charged to the owner of the junk and/or the owner of the property.
C. Redemption of Impounded Vehicle – Fees. Within 60 days after the impoundment of any junk vehicle under this section, the owner thereof may appear and claim the same on payment of an impoundment fee, and towing and storage charges. Upon payment of said fees and proof of ownership, said vehicle shall be released. If at the end of 60 days, no owner claims the junk vehicle, the owner of the junk vehicle shall no longer have any right, title, claim or interest in or to the junk vehicle. During said period of impoundment, the impoundment facility upon which the junk vehicle is being stored shall be responsible for the vehicle.
D. Duty of Owner to Remove or Repair. The owner of a junk vehicle or property owner who violates the provisions of this section shall, within 20 days after receipt of the notice of violation, remove the junk to one of the areas provided for in this section, or repair the defects which caused such item to violate the provisions of this section.
E. Exceptions. The terms and provisions of this section shall not apply to:
1. Any person or any agent thereof that is duly licensed by the County as a salvage yard operator in full compliance with all of the ordinances of the County, and the laws of the state.
2. Any junk that is stored within an enclosed building.
F. Prima Facie Presumption. In any proceeding charging a violation of this section, proof that the particular item described in the information was in violation of this section, together with proof that the defendant named in the information was the registered owner of the vehicle (or vehicles) or the owner of the property on which said junk was unlawfully stored at the time of the alleged violation, shall constitute prima facie presumption that the registered vehicle owner and/or the property owner was the person violating this section or allowing the violation to occur. [Res. passed 1/7/2025 (BOH Res. passed 12/18/24).]
8.05.090 Enforcement.
A. The Black Hawk County Health Department, Health Officers, or authorized individuals designated by the above, shall have the duty and responsibility of enforcing this chapter.
B. Penalties shall be as provided in County Code of Ordinances.
1. A violation of any provision of this chapter or any code, rules, or regulations adopted herein by reference shall constitute a County infraction. Any person committing a County infraction shall, upon conviction, be subject to a civil penalty of not more than $750.00 for each offense, not to exceed $1,000 for each repeat offense. Each day that a violation occurs or is permitted to exist by the violator shall constitute a separate offense.
2. The citation for a county infraction may be served by personal service or by certified mail return receipt requested. The administrative authority shall retain a copy of the citation and one copy shall be sent to the clerk of the district court.
3. A person found guilty of a County infraction is liable for the court costs and fees.
4. In addition to any civil penalty imposed for violation of this chapter, the court may grant appropriate relief to abate or halt the violation.
5. If a violator willfully fails to pay the civil penalty or violates the terms of any other order imposed by the court, such failure shall constitute contempt.
6. Anyone who commits a violation of any of the provisions of this chapter may be charged with a simple misdemeanor fine of $65.00 up to the maximum fine of $650.00 and up to 30 days in jail. Each day that a violation occurs or is permitted to exist, following notice of violation, shall constitute a separate offense.
7. The provisions of this chapter shall not preclude the bringing of a civil action by ordinary proceedings to enjoin or abate any nuisance. Any action taken by the local board on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
C. Upon failure of any person to correct a hazard identified through this chapter in the time specified by the Health Officer appointed by the local board, the local board may direct or cause the correction of said hazards. [Res. passed 1/7/2025 (BOH Res. passed 12/18/24).]
8.05.100 Collection of cost of abatement.
Upon failure of any person to abate or remove a health nuisance from their property or the property they occupy, the Health Officer may direct or cause the abatement or removal of said nuisance. All expenses incurred thereby shall be paid by the owner, agent, or occupant of said property and the same shall be a lien upon said property. [Res. passed 1/7/2025 (BOH Res. passed 12/18/24).]
8.05.110 Appeals.
In the event any person is aggrieved by any order made by the local authority, they may appeal to the Board of Health within 20 days of the date of the order, stating in writing the reasons for requesting that the order be rescinded or modified and serving such notice on the board. The Board of Health shall review the action of the local authority within five days of the service of notice and if reasonable grounds exist, shall modify, withdraw or order compliance with the order. [Res. passed 1/7/2025 (BOH Res. passed 12/18/24).]
8.05.120 Injunction.
Nothing in this chapter shall prohibit Black Hawk County Board of Health from pursuing injunctive relief or other relief as allowed by law. [Res. passed 1/7/2025 (BOH Res. passed 12/18/24).]
8.05.130 Separability of provisions.
It is the intention of the Board of Health that each section, paragraph, sentence, clause, and provision of this chapter is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this chapter nor any part thereof other than that affected by such decisions. [Res. passed 1/7/2025 (BOH Res. passed 12/18/24).]