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HomeMy WebLinkAboutOrd 5569 06/06/2006 ORDINANCE NO. 5569 AN ORDINANCE AMENDING CHAPTER 19 OF THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 6th day of June, 2006 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the ih day of June, 2006 Ow 6/1/06 ORDINANCE NO. 5569 AN ORDINANCE AMENDING CHAPTER 19 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That Article II entitled Garbage and Refuse of Chapter 19 of the Village Code of Mount Prospect; as amended, is hereby further amended to delete Sections 19.201, 19.202,19.203, 19.208, and 19.209 in their entirety and to insert in lieu thereof, entirely new Sections 19.201, 19.202, 19.203, 19.208, and 19.209 to be and read as follows: ARTICLE II GARBAGE, REFUSE, AND RECYCLING 19.201: RESIDENTIAL SERVICE REQUIRED: Every owner, agent, tenant or occupant of any single-family residential dwelling or residential dwelling unit located within the corporate limits of the village shall have accumulations of garbage and refuse collected and disposed of as outlined in the most recent edition of the Village "Solid Waste Services" booklet, at least once each seven (7) days unless interrupted by a legal holiday. A. 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, as outlined in the current Solid Waste Contract. B. The occupancy of any premises for residential purposes shall be prima facie evidence that refuse is being produced and accumulated on such premises. (Ord. 2888, 4-4-1979; amd. Ord. 4167,4-3-1990) 19.202: COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS: All commercial or industrial establishments are required to make private arrangements for the collection and disposal of all garbage, refuse or waste, recyclables, and yard materials 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 19.203 of this article. (Ord. 2888,4-4- 1979; amd. Ord. 4167,4-3-1990) 19.203: RECEPTACLES: A. It shall be the duty of every owner, agent, tenant or occupant of any house, building, flat, apartment, apartment building or other place where people reside, board, lodge or prepare or serve animal or vegetable matter, to place all garbage, refuse or waste, recyclables and "yard materials" in approved receptacles as set forth and defined hereinbelow and to maintain same in good order and in accordance with the law. These receptacles shall include the following: 1. A Village imprinted and furnished green wheeled cart thirty-five (35), sixty-five (65) and/or ninety-five (95) gallon receptacle for the purpose of storage of garbage, refuse or waste, rocks and building materials resulting from do-it-yourself projects and all other items of similar nature which do not exceed the size of the approved receptacle. Said receptacle shall be a wheeled cart of standard waterproof construction with handles, wheels and a tight-fitting cover or lid and shall be no larger than 35, 65 or 95 gallons in capacity. There is no limit as to the number of such containers used by any family unit. All garbage must be in a cart or it will not be collected. 2. A biodegradable thirty-two (32) gallon compost bag, or a thirty-two (32) gallon standard garbage can with a yard material decal are the only approved receptacles for disposal of yard materials. "Yard materials" are defined as small amounts of sod, grass clippings, garden materials, small brush, leaves, twigs, weeds, and all other items of similar nature. Items placed in these receptacles shall not exceed the size of the approved receptacles and shall not exceed fifty (50) pounds in weight. 3. A village imprinted and furnished thirty-five (35) or sixty-five (65) gallon blue wheeled cart is the approved receptacle for the collection of recyclables. Said receptacle shall be a wheeled cart of standard waterproof construction with handles, wheels and a tight-fitting cover or lid and shall be no larger than 35 or 65 gallons in capacity. All recycling materials must be in the blue wheeled cart or it will not be collected. 4. A receptacle furnished by a village approved scavenger for commercial or industrial establishments including multi-family dwelling units when curb service for each family is not in effect B. No containers are necessary for such items as bulk items, brush bundles, construction debris and other items as described in the most recent edition of the village "Solid Waste Services" booklet. C. In the case of all residential refuse collections, approved receptacles and other approved discarded items shall be placed on the parkway or alley (if garbage collections are made from alley) after four thirty o'clock (4:30) 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. 2. Except for the placement of receptacles on the curb on the day of pickup, such receptacles may be stored only in a side or rear yard and not forward of a principal building (not including porches, decks, stoops or overhangs). Such receptacles may not be placed in exterior side yards unless completely screened by permanent fence or dense evergreen planting from the adjacent street. 3. No item or items of trash or waste, except those that are disposed of pursuant to subsection A2, A3, or B of this section, may be placed outside unless such items are placed in an approved receptacle. 4. Such receptacles shall be removed from the parkway or alley, as the case may be, after collection but on the day collection is made. 5. Items such as bulk items, bundles of brush, construction debris, and other items suitable for collection by the scavenger shall be neatly stacked along side of approved receptacles for collection. 6. Single-family and multi-family dwellings desirous of "special services" as provided in the Village's solid waste contract, may, by separate agreement with the Village's scavenger, contract for special services on a private basis. 7. Should any refuse, recyclable or yard material be placed at the curb on a day not designated by ordinance for collection the resident shall remove it from the curb and store it next to their premises until the next designated collection day. D. Whenever, through private contract with any scavenger, there occurs the use of containers of a size in excess of the ninety-five (95) gallon capacity allowed for approved receptacles as defined hereinabove, the scavenger shall ensure such containers are: 1. Of drip proof construction and have tight fitting lids or covers; 2. Have adequate outriggers and other safety equipment attached. 3. Exchanged and replaced on a quarterly basis 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. 19.208: FEES: The following fees are required for the collection and disposal of garbage, refuse, recyclables and yard materials. A. Residential: The village shall provide a once-a-week service collection and disposal of garbage, refuse, and recyclables only, as described in the village's current Solid Waste Contract. Every owner, agent, tenant or occupant of any single family residential dwelling or residential dwelling unit (multi-family) located within the corporate limits of the village shall pay a portion of the village's cost for that once-a-week service, including collection, dumping and administrative fees, as follows: 1. Single family residential dwellings will pay the amount as set forth in Appendix A, Division II ofthis code. 2. Multi-Family Residential Properties: As set forth in Appendix A, Division II of this code, the village will be responsible for the cost of a portion of once-a-week service and the remaining portion will be the responsibility of the respective multi-family residential properties. Multi-family residential properties receiving such service two or more times per week will pay the cost for all such additional services. a. Multi-family properties submitting payment for services on or before the 10th day following the date of the statement for such services will receive a 1 % discount for that monthly service. (1) If payment is not submitted to the Village Finance Department on or before the 25th day following the date of the statement for such services, a 10% penalty shall be added to the amount due. (2) If payment is made 15 days or more past the due date, which is the twenty first day after the date of the statement, a letter requesting payment will be sent by the village to the property owner/manager. The owner/property manager will be notified that a $10.00 per day late fee will be assessed beginning the 30th day after the due date and shall continue accruing on a daily basis until the balance is paid in full. (3) If payment is made 60 days or more past the due date, the owner/property manager will be required to remit a deposit equal to two months of the service, in addition to the balance due and all late charges. 3. Clean-up of refuse by the franchise solid waste contractor at multi-family properties due to failure of tenants and/or management to properly dispose of waste shall be billed according to the current per cubic yard fee schedule in the exclusive solid waste contract. 4. The Village Finance Department is responsible for billing and collecting the fees set forth in Subsection A1 and A2 ofthis section. B. Yard material collection and disposal requires a user fee through the purchase of a village yard waste sticker, which must be attached to every unit of yard material placed at the curb. The sticker fee, as set forth in Appendix A, Division II of this code, is determined by the Village Manager to be directly related to the cost of the sticker, its distribution, and the cost of collection and disposal of yard materials. C. Commercial And Industrial Establishments: All commercial and industrial establishments will contract directly with their respective scavengers for collection and disposal of all garbage, refuse, waste and yard materials. 19.209: FAILURE TO PAY GARBAGE COLLECTION BILL: A. Penalty For Nonpayment: All garbage and refuse charges (garbage collection) shall be due and payable on or before the twenty-first (21 st) day after the date of the statement for such charges. All bills unpaid after that twenty-one (21) day period shall become delinquent and a penalty, as set forth in appendix A, divisions II and III of this code, shall be added thereto and become due in addition to the charges for such services. The provisions of this section shall apply to all users regardless of whether the property is owner-occupied or tenant- occupied. Any agreement between a property owner and his/her tenant regarding the payment of garbage and refuse bills shall not be binding to the village. B. Lien Against The Property: Whenever a bill for garbage collection service remains unpaid for sixty (60) days after the statement for service was mailed, the finance director may file in the office of the recorder of deeds of Cook County a sworn statement of lien claim. The notice of lien shall contain a legal description of the premises with permanent index number, if available, the amount of all unpaid service charges including interim penalties for garbage collection services up to the date the lien is prepared, the date when the unpaid amount became delinquent, and a notice that the village claims a lien for the delinquent amount as well as all charges subsequent to the period covered by the bill and any costs incurred to record the lien. The finance director shall send a notice of lien to the user of the garbage collection service at the premises. If the user of the garbage collection service is not the owner of the premises, and the finance director has such knowledge, then the notice of lien shall also be mailed to the owner of the premises or the holder of the beneficial interest in the premises, if their address is known to the finance director. The failure of the finance director to record the lien claim or to mail notice of lien, or the failure of the owner to receive such notice, shall not affect the right to foreclose the lien for unpaid garbage collection bill. The filing of any claim for lien under this section shall not be construed to limit the right and power of the village to otherwise enforce collection of the delinquent garbage collection account. C. Property subject to a lien for unpaid garbage collection charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by complaint for foreclosure filed in the circuit court of Cook County in the name of the village. The village attorney is hereby authorized and directed to institute such proceedings, in the name of the village, in any court having jurisdiction over such matters, against any property which a garbage bill has remained unpaid ninety (90) days after it has been rendered. (Ord. 5253,5-21-2002). D. Other Remedies For Nonpayment: In addition to the foregoing, the village shall have the following remedies for failure to pay for garbage collection service: 1. If the premises is subject to a business license, the business license may be revoked pursuant to chapter 10 of this code. 2. Such other legal remedies as may be determined by the village manager. (Ord. 4776,2-20- 1996; amd. Ord. 5051, 10-5-1999; Ord. 5189, 5-15-2001) SECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Hoefert, Korn, Lohrstorfer, Skowron, Zade1 NAYES: None ABSENT: Corcoran PASSED and APPROVED this 6th day of June, 200~ ~~ ana K. Wilks Village President ATTEST: c - -:z$ ~ cJp Y'1~:... ,- 'A'C? K.' M. Lisa Angell ' Village Clerk H:\CLKO\fiJes\WIN\ORDINANC\chapter J9SoJid Waste Ordinance Changejune2006.doc