Loading...
HomeMy WebLinkAboutOrd 2618 04/06/1976 ORDINANCE NO. 2618 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 19 OF THE MUNICIPAL CODE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF l'rIOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That, pursuant to the authority vested in the President and Board of Trustees of the Village of Mount Prospect under Article VII of the 1970 Constitu- tion of the State of Illinois. Sections 19.203 and 19.204 of the Muncipal Code of l\Tount Prospect of 1957, as amended. be further amended in their entireties; so that hereafter said Sections 19.203 and 19.204 shall be and read as follows: II SECTION 19.203. Residential Service Required -- Collection Charges. A. It shall be the duty of every o"..ner, 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 collection shall be made by the scavenger company servicing the Village under the current Exclusive Franchise License issued by the Village for residential dwellings and residential dwelling units. 2. The occupancy of any premises for residential purposes shall be prima facie evidence that refuse is being produced and accumulated on such premises. B. Each single family residential home and each residential dwelling unit located upon real estate within the corporate limits of the Village of Mount Prospect shall pay the sum of Four and no/100 Dollars ($4) per each single family residential home and each residential dwelling unit per month for the collection and disposal of residential garbage, rub- bish. refuse, and/or waste -- which collection shall be mandatory for each single family residential home and each such residential dwelling unit within the Village -- which Four and no/lOa Dollars ($4) rate may hereafter increase or decrease to coincide with the current rate charged per each single family residential home and each residential dwelling unit by the aforesaid exclusive licensee per its contract with the Village for garbage collection sen'1ce elsewhere throughout the Village of l\lount Prospect . 1. All such charges for refuse disposal service shall be billed by the aforesaid exclusive licensee to and shall be paid by the person VJ'hose name appears on the Village 'water and/or sewer account re- cords for such single family residential home or residential dwelling unit, or, if no such account exists for such single family residential i home or residential dv;elling unit, such bill shall be paid by the peri son (s) who reside in such single family residential home or resideni tial dwelling unit. r, ! a. Said monthly charge shall be payable quarterly and in advance ~I~ to the aforesaid exclusive licensee, who shall keep an accurate record of all single family residential homes and/or residential, dwelling units so serviced -- including the addresses thereof I and the amounts of money collected from each. I H ,1 I) ii :i ~1 .."~-.,.."".,..".,""",-.=j"",,,",....., b. In the instance where such residential dwelling unit is other than a single family residential home, such billing and collec- tion provided for hereinabove may be made by invoicing the owner, landlord, and/or manager, as the case may be, of such multi-family residential dwelling building, who, in turn, shall make the payments herein required. 2. Prices billed by the aforesa.id exclusive licensee may include an additional amount to be fixed by the President and Board of Trust- ees of the Village of Mount Prospect, which amount may be neces- sary to cover sanitary inspection and supervision by the Village and which amount shall be over and above the current rate charged per dwelling unit by the aforesaid exclusive licensee per its con- tract with the Village for garbage collection service elsevlhere throughout the Village of Mount Prospect. Such additional charge shall be forwarded to the Treasurer of the Village of Mount Pros- pect upon receipt thereof by the aforesaid exclusive licensee. C. A service charge of One Dollar ($1) per quarter shall be added to any bill remaining unpaid after twenty (20) days from the date of such bill- ing required herein. 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 fa- mily residential home or such residential dwelling unit is serviced through private contract with the exclusive licensee for additional gar- bage and refuse service as contemplated under subsection D of Section 19.201 hereinabove, such single family residential home or such resi- dential dwelling unit shall contin'ue to be billed and shall continue to pay to the exclusive licensee the regular monthly collection charge pro- vided for in this Section 19.203. SECTION 19.204. Accumulation of Garbage. A. It shall be unlawful for any person, firm, or corporation to burn gar- bage, other than in incincerators approved by the Emrironmental Pro- tection Agency of the State of Illinois; or to bury garbage within the 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, vermin, or rats. Any garbage accumulated for more than seven (7) days, unless interrupted by a legal holiday, shall be consi- dered a violation of this Ordinance notwithstanding any other provision herein contained. 1. If the garbage and/or debris referred to hereinabove are allowed to accumulate for more than seven (7) days or in fact attract flies, vermin, or rats, the Health Officer 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: -2- a. Whenever the Health Officer observes that garbage and/or de- bris are attracting flies, vermin, or rats and/or such garbage and/or debris has accumulated for more 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 removal of said garbage and/or debris '\",rithin 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 Health Officer shall cause such garbage and/or debris to be removed from the said property and shall cause collection from such owner or occu- pant the cost of such removal which shall be paid over to the Treasurer of the Village of Mount Prospect. c. If, upon receipt of such invoice, such owner or occupant re- fuses or neglects to pay the cost for such removal, the Health Officer on behalf of the Village of Mount Prospect, or the per- son, firm, or corporation performing the ser...rice 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 in the Office of the Cook County Registrar of Titles where the real estate af- fected is registered under the Torrens system. 1) This notice of lien shall consist of a sworn statement setting out: a) A description of the real estate sufficient for identi- fication thereof; b) The amount 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 ~y the Village. 2) Upon payment of the cost and expense by the owner of or persons interested in such property afternotice of lien has been filed, the lien shall be released by the Village or per- son, firm, or corporation in whose name the lien had been filed and the release may be filed of record as in the case of filing notice of lien. 3) The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. a) Suit to foreclose this lien shall be commenced within two (2) years after the date of filing notice of lien. b) However, the lien of the Village shall not be valid as to any purchaser whose rights in and to such real es- tate have arisen subsequent to removal 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 mortgagee, judgment creditor or other lienor whose rights in and to such real estate arise prior to the fil- ing of such notice. 2. 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 Mount Prospect for the enforcement of this Municipal Code. B. All garbage and disposed of animal or vegetable matter shall be wrapped in paper or in plastic before being placed in an approved receptacle. . " ~ 1 1: I ~ ! ~ ! Ii I Ii ~ I ~ "SECTION 19.206. Severability. If any part or parts of this Article shall be ~ ~ held to be unconstitutional, such unconstitutionality shall not affect the vali- I dity of the remaining parts of this Article. The Board of Trustees of the Vil- ~ lage of Mount Prospect hereby declares that it would have passed the remain-II ing parts of this Article if it had known that such part or parts thereof would ' be declared unconstitutional. " ~ SECTION THREE: That the Village Clerk be and is hereby directed to publish I i this Ordinance in pamphlet form, pursuant to the statutes of the State of Illinois ! made and provided. I I i 1 I :1 1 l I I 1 il , I ~ ~ ,,7 /' '/ /1 I 1fi~~~:L.1 j ! 'I 1 SECTION TWO: That, pursuant to the authority vested in the President and Board of Trustees of the Village of Mount Prospect under Article VII of the 1970 Constitu- tion of the State of Illinois, Article II of Chapter 19 of the Municipal Code of l\fount Prospect of 1957, as amended, be and the same is hereby further amended by add- ing thereto an entirely new Section, Section 19.206; so that hereafter the said Sec- tion 19.206 shall be and read as follows: SECTION FOUR: That this Ordinance shall be in full force and effect as of 12: 01 0' clock a. m . , May 1, 1976, and after its passage, approval, and publication in the manner provided by law. AYES: 4 NAYS: 2 PASSED this 6th day of April, 1976. APPROVED this 6th day of April, 1976. ATTEST: ") I f ( " i \( , 1// 111" 2 ./ !/(./ ~ " ;\/J , ,~. ( V~",Vr:./(,._,./ Village Clerk