HomeMy WebLinkAboutOrd 2888 04/04/1979
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ORDINANCE NO.
2888
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AN ORDINANCE AME~DING ARTICLE II OF CHAPTER 19 OF THË
MUNICIPAL CODE
BE IT ORDAINED BY BY PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE. ' That, pursuant to authority contained in Article VII of the
1970 Constitution of the State of Illinois, Article II of Chapter 19 (Health
Regulations), contained in the Municipal Code of Mount Prospect of 1957, as
amended, is hereby further amended in its entirety to up-grade existing regu-
lations concerning garbage and ~efuse; so that hereafter the said Article II
of Chapter 19 shall be and read as follows:
II ARn CLE I I Cl-\RBAGE AND REFUSE
SEcn ON 19.201:
Receptacles.
A.
It sha 11 be the duty of every owner, agent, tenant or occupant, of
any house, building, flat, apartment, apartment building or other
place where people resid~, board, lodge~ or prepare or serve animal
or veqetable matter, to place all garbage, refuse, or waste, in
apprûv~ù receptacles as set forth and defined hereinbelow and to
maintaifl same in good order and in accordance with the la\1.
1.
An approved receptacle for the purpose of this Article shall be a
container of standard wJterproof constuction with handles and a
tight fitting cover or lidand'~I'dll be no larger than thirty (30)
gallons in capacity. Tn[r~ is no limit as to the number of such
containe~s used by any family unit.
Bushel baskets are approved receptacles for s~ch items as: Ashes,
small amounts of earth, sod, rocks and building materials result-
ing fro~ do-it-yourself projects, grass clippings, yard materials,
small brush, and all other items of similar nature which does not
exceed the size of the approved receptacle.
2.
3. - A receptacl e furni shed by a Vi 11 age approved scavenger for COIn-
cercial or industrial establishments including multi-dwelling
units when curb service for each family is not in. effect, is an
approved receptacle.
B.
No containers are necessary for such items as large and bulky appli-
ances (refrigerators, washing machines, stoves, dryers, etc.) large
toys, furniture, empty cartons, empty crates, newspapers and magazines
when securely tied in bundles ~onvenient to handle, brush and branches
when securely tied in bundles and not exceeding four (4) feet in
length, Christmas trees and other such large discarded household
obj ects .
C.
In the case of all residential refuse collections, approved recepta-
cles and other approv~d discarded items shall be placed on the park-
way or alley (if garbage collections are made from the alley) after
4'p.m. on the day before the day designated for such collection.
1.
There shall be no limit as to the number of approved receptacles
which the resident can use to dispose of items to be collected.
Such receptacles shall be removed from the parkway or alley, as
the case may be, after collection but on the day collection is
made.
2.
3.
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Items such as bundles of brush, branch cuttings, 'toys, securely
tied bundles of paper, crates, empty cartons, smaller items of
furniture, and other items suitable for collection by packer-
type equipment sh~ll be neatly stacked along side of arrwoved
receptacles for cûllection.
D.
SEcrION 19.202.
My resident or multi-dwelling' unit not wishing to avail
themselves of such curb service, may be separate contract with
the scavenger company servicing the Village, secure any special
service offered by said scavenger on a private basis.
.5. 'Bulk pick-up service shall be provided to collect . and dispose
" of all discarded materials and trash which are too large and
bulky to handle by packer-type equipment. .
4.
a.
This bulk pick-up service will include bulky items such
as refrigerators, stoves, washing machines, dryers, freezers,
hot water heaters, pianos, beds, box springs and mattresses,
sofas overstuffed furniture, swing sets, large carpets and
other'discarded household furniture, furnishings, fixtures
and appliances. Said items shall be placed at the curb by
the resident on the day designated by law. Whenever a
refrigerator or freezer or other similar appliance is placed
at the curb for collection the door and/or the door latch
shall be removed. '
b.
Should any bulk item be placed at the curb on a day not,
designated by law for collection the resident shall renove it'
from the curb and store it next to their premise tmtil the
next designated collection day.
Whenever, through private contract with any scavenger, there occurs
the use of containers of a size in excess of the thirty (30) gallon
capacity allowed for approved receptacles as defined hereinabove,
the scavenger shall ensure such containers are:
l.
2.
Of drip-proof construction and have tight fitting lids or covers;
Have adequate outriggers and other safety equipment attached as
well as a minimum bottom width of at least thirty-one (31)'
inches for one (1) cubic yard containers, and be proportionately
wider at the bottom for larger sized containers, with four (4)
cubic yard containers having a height no greater than forty-
three (43) inches and having no less than a four (4) piece lid
opening; and
3.
Exchanged and replaced on or before February 1, May 1, August 1
. and November 1 of each year (or more often as may be necessary
to keep such containers in sanitary condition) with steamed
cleaned sanitary containers clearly marked in legible lettering
on the vertical front of such container reflecting the date such
container was last cleaned in conformity with this Article.
4.
Furnished regularly scheduled collection service twice weekly.
A.
Coomercial and Industriàl Establishments.
All comnercial or industrial establishments are required to make pri-
vate arrangements for the collection and disposal of all garbage, re-
fuse and waste in a prompt and sanitary manner, which includes the use
of approved receptacles or other containers meeting the ,specifications
for same as set forth in Section 19. 2.01 hereinabove.
All licensed scavengers or garbage collectors serving any comnercial
or industrial establishment through private contract '\vithin the Village
limits shall on October 1 of each year file a written report with the
Director of the Health Department of the Village of Mount Prospect on
the form provided by the Director indicating that private arrangements
for the collection and disposal of garbage, and refuse has been made with
B.
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the following establishments, the nature of the service provided as
well as the nurriber and typè of receptacles which are in use for such
purpose.
. "SEcrION .19.203., Re.sideptia1 S~rvice Required, -::- Collection, Çþprges.
A.
I t shall be the duty of every owner, agent, tenant, or occupant of any
single family residential home and/or residential dwelling unit located
within the corporate. limits of the Village of Mount Prospect to have ac-
cumulations of garbage and refuse collected and disposed of at least
once each seven' (7) days unless interrupted by a legal holiday. '
1.
Such cpllection shall be made by the scavenger company servicing
the Village under the current' EXclusive Franchise 1.icense issued
by the Village for residential dwellings and residential dwelling
units.
The occupancy of any premises for residential purposes shall be
prima facie evidence that refuse is being produced and accurwlated
on such pr~ses. .
2.
B.
Upon its annexation, each single family residential home and each ilivel1ing
unit loca1:ed upon real estate newly ålIDexed and !Mde part of the Vill;¡¡.ge
of Mount Prospect shall pay th~ sum of Four and Ten One Hundredths
Dollars ($4.10) per dwelling unit per roonth for the collection and disposal
of residential'garbage, rubbish, refuse, and/or waste--which collection
shall be mandatory for all such newly annexed residential dwelling units,
within the Village--which Four and Ten One Hundredths Dollars ($4.10)
rate may hereafter increase or decrease to coincide with the current rate
charged per dwelling unit by the aforesaid exclusive licensee per its
contract with the Village for garbage collection service elsewhere through-
out the Village of Mount Prospect.
1. Said monthly charge shall be payable quarterly and in advance to the
Village Treasurer of the Vi1lage of Mount Prospect.
2.
Bills shall be sent by the Finance Departrnent of the Village of Mount
Prospect to each such residential dwelling unit quarterly and may be
combined with the sewer and water billing currently prOcessed by the
said Finance Department. ' ,
a.
.
In the instance where sœh residential dwelling unit is other than
a single family residential home, such billing and collection
provided for hereinabove shall be made by invoicing the owner,
landlord, and/or manager j as the case may be, of such multi-family
residential dwelling building who, in turn, shall make the payments
herèin required. . '
Such roonth1y charge shall tepTIinate upon that first day ot JànUélry
following the date of annexation of such property. It
C. A service charge of One Dollar ($1) per quarter shall be added to any
bill rema:i,ning unpaid after twenty (20) days from the date of such bill-
ing required herein. .
b.
D.
Upon said advance payment being received by the aforesaid exclusive
licensee, each such single family residential home and each such resi-
dential dwelling unit having so paid shall be entitled to one (1) weekly
pick-up of all garbage and refuse at the curb in accord with subsections
A, B, and C of Section 19.201 hereinabove. In the event such single family
residential home or such residential dwelling unit is serviced through
private contract with the exclusive licensee for additional garbage and
refuse service as contemplated under subsection D of Section 19.201 herein-
above, such single family residential home or such residential dwelling
unit shall continue to be billed and shall continue, to pay to the exclusive
licensee the ,regular monthly collection charge provided for in this,
Section 19.203. u
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SECTION 19.204.
Accumulation of Garbaf$e.
It shall be unlawful for any person, firm, or corporation to burn gar-
bage, other than in incincerators approved by the Environmental Pro-
t,ection Agency of the State of Illinois; or to bury garbage. within tile
corporate limits of the Village of Mount Prospect; or to permit garbage
and/or debris to accumulate in any manner so as to create a nuisance
or to attract -flies, vennin, .or rats. Any garbage accumulated for more
than seven (7) days, unless interrupted by a legal holiday, shall be
considered a violation of this Ordinance not¿.¡ithstanding any other
proVision herein córitained. - ' - . ,
A.
1.
'.
If the garbage and/or debris referred to hereinabove are allowed
to accunulate for more than seven (7) days or in fact attract flies,
vermin, or rats, the Director of' the Health Deparbnent of the
Village of Mount Prospect may proceed to cause' the removal of such
garbage and/or debris from such private property in the following
manner:
a.
Whenever the Director observes tl1at garbage and/or debris are
, attracting flies, vermin, or rats and/or such garbage and/or.
debris has accumulated for IIDre than seven (7) days, he shall
serve written notice upon the owner or occupant of any such
premises whereon such garbage and/or debris is located. Such
notice shall inform such person of the violation and shall.
order remova~ of said garbage and/or debris within forty-eight
(48) hours from the time notice is so served.
b.
If, after lapse of the aforesaid forty-eight (48) hour period,
such owner or occupant of such property refuses or neglects to
remove such garbage and/or debris, the Director shall cause'
such garbage and/or debris to be removed from the said property
and shall cause collection from such owner or occupant the cost
of such removal which shall be paid over to the Treasurer of
the Village of M~unt Prospect.
c.
If, upon receipt of such invoice, such owner or occupant re-
fuses or neglects to pay the cost for such removal, the Director
on behalf of the Village of Mount Prospect, or the person, firm,
or corporation performing the service by authority of the Village
of Mount Prospect, in his or its own name, shall file a notice
of lien within sixty (60) days after such cost and expense is
. incurred, which notice of lien shall be filed in the Office of
the Cook County Recorder of Deeds, or ill the Office of the Cook
County Registrar of Titles where the real estate affected is
registered under the Torrens system.
1)
This notice of lien shall consist of a sworn statement
setting out:
.1
a) A description of the real estate sufficient for identi-
fication thereof;
b) .The amotmt of money representing the cost and ex-
pense incurred or payable for the service; and
c)
The date or dates when such cost and expense was
incurred by the Village.
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2)
Upon payment of the cost and expense by the owner of or
persons interested in such property after notice of lien has
been filed, the lien shall be released by the Village or per-
son, finn, or corporation in whose name the lien had been
filed and the release may be filed of record as in the case
of filing nòtice of lien.
The lien may be enforced by proceedings to foreclose as
in case of mortgages, or mechanics' liens.
3)
a)
Suit to foreclose this lien shall be corrmenced within
two (2) years after the date or filing notice of lien.
However, the lien of the Village shall not be valid as
to any purchaser whose rights in and to such real estate
have arisen subsequent to rerroval of the garbage and/or
debris and prior to the filing of such notice, and the
lien of the Village shall not ve valid as to any rrortgagee,
judgment creditor or other lienor whose rights in and
to such real estate arise prior to the filing of such
notice.
b)
Nothing hereinabove shall preclude filing of a complaint with the
court of proper jurisdiction for violations of this Article and/or
other remedies at law or in equity which may be available to the
Village of MOtmt Prospect for the enforcement of this M.micipal Code.
All garbage and disposed of animal or vegetable matter shall be wrapped
in paper or in plastic before being placed in a approved receptacle."
2.
B.
"SEcrION 19.205.
Enforcement
A. It shall be the duty of the following officials of the Village of MOunt
Prospect to issue CITATIONS to any persons who violate the provisions of the
ARTIClE: Police Department and the Director of the Health Department (Health
Officer) and his administrative assistants.
L
Said CITATION may be delivered to the violator personally or may be
delivered to a member of the violator's household of the age of ten (10)
years or upwards, or may be affixed to the maID entrance to any building
located upon the premises where the violation occurred.
2.
Nothing -in this subsection shall be construed to abridge the power
of a Police Officer to arrest any violator and take him into custody.
B.
Penalty
1.
Notwithstanding the provisions of Section 19.205 of this Chapter, and
notwithstanding the power of a Police Officer to arrest any violator and
take him into custody, whenever a Village official designated under sub-
section A hereinabove, is authoriz~d to issue a CITATION because of a
violation of this Section, said official may, in lieu ,of filing a
Complaint in court in the first instance, issue to alleged violator a
CITATION: '
a.
Advising said person that he has violated a specified subsection
herein. .
b. Requesting him to make payment in an amount applicable to said alleged
violation as set forth in paragraph 5 of this subsection as settlement
'of said violation claim; and
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C.
c.
Informing him that upon failure to so settle, a Còrnplaint will
be filed in the Circuit Court of Cook County, charging him with
such violation.
2.
Pursuan,t to said CITATION, the person so accused of said violation
may settle and compromise the, violation claim in respect to such
Section violation" by paying to the Village the applicable amount as -
shown in paragraph 5 of'this subsectionB, within a period to be
specified in said CITATION -- not rrore than seven (7) days after the
time the alleged offem;e was conrnitted. -
Such payment shall be made in accordance with the instructions
contained in the aforesaid CITATION, at the Office of the Finance
Department of the Village of Mount Prospect, which shall issue a
receipt for the IIK)ney so received and promptly remit said amount to
the Village ':('rea surer to be credited to the proper municipal fund.
3.
In the event that the person to whom said CITATION is issued fails to
settle and pay said violation claim within the prescribed time, or
within a period of time specified in a Final Notice (if one is served
upon him) then such designated official is authorized to cause a
Notice to Appear to be served upon said alleged violator and is
authorized tQ file a Complaint and to prosecute the same in the Circuit
Court of Cook County.
The fact that title to the land upon which the alleged violation
occured is registered, recorded and/or leased in the name of said alleged
violator shall ve considered prima facie that said alleged violator
caused the alleged violation at time of such alleged violation.
4.
5.
The violation claim described in said CITATION so to be issued pursuant
to the terms of this Section may be settled, compromised and paid in
the respective amounts set forth in the following schedule:
a. In the event that siad payment is made prior to the mailing by the
municipality or by the Official of a Final Notice, the following
amount shall be accepted as settlement: $5.00 '
b. In the event that payment has not been paid prior to the mailing
of such Final Notice, and in fact, Final Notice has been mailed,
- the following amount shall be accepted as settlement: $8.00
c.
In the event that payment is not made "l:v:lthin the time prescribed
in the Final Notice, and a Notice to Appear has been served and a
Complaint filed in the Circuit Court of Cook County, payment of any
fine and costs shall be in such amounts as may be determined and
,established by the Circuit Court of Cook County pursuant to Section
19.205 of this Article.
If any part or parts of this Section Bhall be held to be unconstitutional,
such uncontitutionality shall not affect the validity of the remaining parts
of this Section. The Board of Trustees hereby declares that it would have
passed the remaining parts of this Section if it hac! known that such part
or parts thereof, would be declared unconstitutional.
SECTION 19; 206. Penalty- Notwithstanding the provisions of Section 19.204 of
this Article, whenever a Police Officer qrrest$ él person because of a violation
of Article II of this Chapter, every person, firm, or corporation convicted of
a misdemeanor for a violation of any of the provisions of this Article shall be
punished by a fine of not less than Ten Dollars ($10.00) nor more than Two
Hundred Dollars ($200.00) for each offense. Each day that a violation is per-
mitted to exist constitutes a separate offense." '
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,"SECTION 19.207. Severability. If any part or parts of this Article shall be
held to be illlconstitutional" such illlconstitutionality shall not affect the
validity of the remaining parts of this Article. The Board of Trustees of the
Village of Mount Prospect hereby declares that it would have passed the re-
maining parts of this Article if it bad known that such part or parts thereof
would be declared illlconstitutioTh:1l.'1 '
SEcnON TWO: That all other ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed except that this ordinance
shall in no way affect arrests and/or complaints filed for violations of the
former Article II of Chapter 19 occurring prior to the passage and approval of
this ordinance in the manner provided by law.
Sj:cnON THREE: That the Village Clerk be and is hereby directed to publish this
Otdinance in pamphlet form, pursuant to the statutes of the State of Illinois
made and provided.
SECTION FOUR: That this ordinance shall be in full force and effect as of
12:01 o'clock a.m. ~ April 1, 1979, and after its passage, approval, and
publication in the manner provided by law.
c:
AYES:
NAYS:
()
!
Of~£"
day Of~
~ 1979.
, 1979.
PASSED thi s ~ day
APPROVED this ~~
~¡j.~
Vi1 age' esident
ATTEST:--
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