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HomeMy WebLinkAboutOrd 5615 02/06/2007 ORDINANCE NO. 5615 AN ORDINANCE AMENDING CHAPTERS 11, 19 AND APPENDIX A OF THE VILLAGE OF CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 6TH DAY OF FEBRUARY 2007 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7TH day of February 2007. ORDINANCE NO. 5615 AN ORDINANCE AMENDING CHAPTERS 11, 19 AND APPENDIX A 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: Article XXIII entitled “Secondhand Dealers and Scavengers” of Chapter 11 entitled “Merchants, Businesses, Occupations and Amusements” shall be deleted in its entirety. SECTION TWO: Article II entitled “Garbage and Refuse” of Chapter 19 of the Village Code of Mount Prospect; as amended, is hereby further amended by deleting Sections 19.201, 19.202, 19.203, 19.204, 19.205, 19.207, 19.208 and 19.209 in their entirety and adding new Sections 19.201, 19.202, 19.203 to Article II entitled “Solid Waste Collection”, which shall read as follows: ARTICLE II SOLID WASTE COLLECTION SECTION: 19.201 General Regulations 19.202 Regulations with Respect to Customers of Solid Waste Collection Services 19.203 Regulations with Respect to Providers of Solid Waste Collection Services Sec. 19.201 GENERAL REGULATIONS. A. Definitions 1. “Solid Waste Contractor” as used in this Article II shall mean an entity engaged in the business of collecting and hauling garbage, waste, refuse, trash, recyclables, yard materials and bulk items. Such materials are collectively referred to as “Solid Waste”. 2. “Owner” shall include an owner, co-owner, beneficial owner, tenant, renter, lessor, lessee or other type of occupant or manager of a property. iManage:175625_10 B. Additional Rule Making Authority. The Village Manager may from time to time provide additional rules in a booklet made available, without charge, to the public. The current edition of such publication is entitled, "Solid Waste Services." C. Clean Up Charges. If any solid waste contractor bills the Village for any clean-up of any solid waste due to the failure of the owner to properly dispose of such solid waste, the owner shall pay for such charges, plus an administrative fee as set forth in Appendix A, Division II. D. Renters. The provisions of this Article II shall apply to all users regardless of whether the property is owner-occupied or tenant-occupied. An agreement between a property owner and his or her tenant regarding the payment for solid waste collection charges shall not be binding on the Village. E. Penalty. Unless otherwise set forth, any person violating any portion of this Article II shall be fined as set forth in Appendix A, Division III. Sec. 19.202 REGULATIONS WITH RESPECT TO CUSTOMERS OF A SOLID WASTE COLLECTION SERVICE. A. Residential Consumers 1. All solid waste collection for residential dwellings shall be made, in every instance, by the exclusive solid waste residential contractor servicing the village as set forth in a current Solid Waste Contract ("Exclusive Residential Franchisee"). 2. Every occupied residential dwelling unit within the corporate limits of the Village shall be billed for and shall be required to use the services of the Exclusive Residential Franchisee. 3. Such residential solid waste collection shall be performed at least once each seven (7) days unless interrupted by a legal holiday. 4. No receptacle or other discarded items may be placed on the parkway or alley prior to four thirty o'clock (4:30) P.M. on the day before the day designated by the Village for such collection. 5. Except for placement at the curb for collection, solid waste receptacles may be stored only in a side or rear yard and not forward of a principal building. For purposes of such placement, porches, decks, stoops and overhangs shall not be deemed part of the principal building. Receptacles may not be placed in a corner or other exterior side yard unless completely screened from the adjacent street by a permanent fence or dense evergreen planting. 6. No item of solid waste, except those that are disposed of pursuant to subsection 9(e) below, may be placed outside of any building or structure unless such items are placed in an approved receptacle. 7. Approved receptacles shall be removed from the parkway or alley, as the case may be, after collection on the designated day of collection. iManage: 175625_1 0 2 8. Any owner of a single family or multi-family dwelling unit desiring available special services over and above curb service may, by separate contract with the Exclusive Residential Franchisee, secure such special services by payment of an additional fee. 9. It shall be the duty of every residential owner to maintain solid waste receptacles in good order and in accordance with the law. Approved solid waste receptacles shall include only the following and may be used only for the purposes set forth below: a. Garbage Receptacles. Village owned and furnished wheeled carts, green in color, with thirty-five (35), sixty-five (65) and/or ninety-five (95) gallon capacity for the storage and disposal of garbage, refuse, 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. There is no limit as to the number of such containers that may be used by any residential dwelling unit. b. Yard Waste Receptacles. Biodegradable thirty-two (32) gallon compost bags or thirty-two (32) gallon standard garbage cans with a yard material decal or scavenger owned and provided ninety-five (95) gallon wheeled cart 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 and weeds. Yard materials placed in these receptacles shall not exceed the size of the receptacle or fifty (50) pounds in total weight. c. Recyclable Receptacles. A village owned and furnished thirty-five (35) or sixty-five (65) gallon or ninety-five (95) gallon capacity wheeled cart, blue in color. d. Multi-Family Collection Receptacles. Receptacles furnished by the Exclusive Residential Franchisee may be approved for multi-family residential dwellings where curb service for individual dwelling units is not provided. e. Bulk Items; No Receptacle Necessary. Containers are not required for discarded household appliances, furniture, brush bundles, construction debris and other items as described in the most recent edition of the Village "Solid Waste Services" booklet. Such items shall be neatly placed or stacked along side of approved receptacles for collection. 10. All animal or vegetable matter shall be placed in paper or plastic wrappers or bags before being placed in any receptacle. 11. Mixing of yard waste with any other type of solid waste is prohibited. 12. The fees and the method of payment for the collection and disposal of solid waste are set forth below: a. Amount of Payment. i. Each dwelling unit that is required by either the Village or a property manager to use approved receptacles as set forth in Section 19.202(A)9(a, b and c) shall be assessed in the amount set forth in Appendix A, Division II of this Code. iManage:175625_10 3 ii. Multi-Family Dwellings using receptacles other than as set forth for single family dwelling units in Section 19.202(A)9(a, b and c) shall be assessed in the amount set forth in Appendix A, Division II of this Code. This amount will be determined by the Village Manager and bear a direct relationship to the entire cost to the Village to effect such collection. iii. Yard material collection and disposal shall require a user fee through the purchase of a village yard waste sticker, which must be attached to every unit containing yard material and placed for collection. The sticker fee, as set forth in Appendix A, Division II of this Code, will be determined by the Village Manager as an amount directly related to the cost of the sticker, its distribution and the cost of the collection and disposal of yard materials. b. Payment Process. i. All residential once-a-week garbage collection charges shall be due and payable to the Village Finance Department on or before the twenty-first day (215t) day after the date of the statement for such charges. ii. Payments by multi-family customers submitted on or before the tenth (10th) day following the date of the statement for such services, will receive a one percent (1 %) discount for that monthly service. iii. Late charges shall be assessed as set forth in Appendix A, Division II of the Village Code. iv. If payment is made sixty (60) days or more after the due date, the property owner, tenant, occupant or 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. v. For purpose of this section, the person to whom the last general tax bill on the property was sent shall be presumed to be responsible for the bill. The finance department may send statements to, and enforce collections from, property users other than the property owner. c. Lien Against The Property. Whenever a statement for solid waste 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 notice of lien claim as set forth in Section 23.1404(E) of this Code. d. Other Remedies For Nonpayment. In addition to the foregoing, the Village shall have the following remedies for failure to pay for solid waste collection service. These remedies shall be cumulative with any and all other remedies at law and equity: iManage: 175625_1 0 4 i. Whenever charges for solid waste collection services have remained unpaid for more than ninety (90) days after the date of the statement for such services, the water service may be shut off for the premises of such delinquent customer. The customer shall be given at least ten (10) days' written notice of intent to shut off such services, the reason for the shut off, and an opportunity to request and obtain a hearing, within the ten (10) day period with respect to such unpaid charges, before the Village Manager or Finance Director. If the Village Manager or Finance Director confirms the shut-off order, the customer shall be allowed an additional five (5) days, to pay the delinquent charges prior to the shut off of services. Water service, which has been shut off shall not be resumed until all bills, late charges and penalties shall have been paid, including the fee set forth in Appendix A, Divisions II and III of this Code for shutting off and turning on the water. ii. If the premises is subject to a business license, the business license may be revoked pursuant to chapter 10 of this Code. iii. Such other legal remedies, including injunctive and other equitable relief, as may be pursued by the Village. (Ord. 4776, 2-20-1996; amd. Ord. 5051, 10-5-1999; Ord. 5189, 5-15-2001) B. Non-Residential Consumers Every owner of an occupied or otherwise utilized non-residential building or establishment shall make private arrangements for the collection and disposal of all solid waste on at least a weekly basis. The owner and occupier shall assure that such collection and disposal is accomplished in a prompt and sanitary manner. This shall include the use of receptacles or other containers meeting the specifications set forth in Section 19.202(A)9 above. Other receptacles furnished by a licensed solid waste contractor may be approved for non-residential buildings and establishments. The Village Manager may promulgate such additional rules as may be advisable for such collection and disposal. (Ord. 2888, 4-4-1979; amd. Ord. 4167, 4-3-1990) Sec. 19.203 REGULATIONS WITH RESPECT TO PROVIDERS OF SOLID WASTE COLLECTION SERVICES. A. License Required No person shall engage in the business of removing solid waste within the corporate limits of the Village, except in compliance with the provisions of this Article. 1. Residential Dwellings and Dwelling Units; Exclusive Franchise License: There shall be issued in the Village no more than one solid waste contractor license for the collection of solid waste for any and all residential dwelling units located within the corporate limits of the Village. The Exclusive Residential Franchisee shall furnish all labor, materials and equipment for the removal of solid waste in regular weekly collections, as set forth in the current solid waste contract. The annual fee to be paid by the Exclusive Residential Franchisee shall be as set forth in Appendix A, Division II of this Code or otherwise stated in the Exclusive Franchise Contract. There shall be no limit as to the number of approved receptacles which may be used by a residential owner for weekly disposal. iManage:175625_10 5 2. Solid Waste Collection for Other Than Residential Service: No person shall engage in the pick up or collection of solid waste within the corporate limits of the Village unless that person shall first have obtained a license from the Village and paid the proper license fee. The annual fee to be paid for the license shall be as set forth in Appendix A, Division II of this Code. 3. Transfer stations for refuse disposal shall be designated as Class II establishments and shall pay the annual fee as set forth in Appendix A, Division II of this Code. (11.3405) B. General Operating Requirements or Solid Waste Collectors. In addition to all other duties and obligations imposed by the Mount Prospect Village Code upon collectors and haulers of solid waste, such licensees shall have the following duties and obligations whether such license is a general license or an exclusive franchise license: 1. Equipment: a. Except for large bulky items such as discarded furniture, fixtures and household appliances, licensees shall collect all solid waste in fully enclosed, leak proof trucks. b. Whenever any solid waste contractor provides containers for disposal (other than open construction bins), such containers shall be: I. Drip proof with tight fitting lids or covers; ii. features; Equipped with adequate outriggers and other standard safety iii. Exchanged and replaced on a annual basis (or more often as may be necessary to keep such containers in sanitary condition) with steam-cleaned sanitary containers clearly marked on the front of such container to state the date such container was last cleaned in conformity with this article; and IV. Scheduled for regular collection. 2. Disposal: Licensees shall transport all solid waste to areas outside of the corporate limits of the Village and shall deposit the same only at a lawful site designated and maintained for such purpose under the laws of the State of Illinois. 3. Insurance: Each licensee shall carry the following insurance: a. Workers' compensation: Such coverage shall be placed with a company authorized under the laws of the State of Illinois in amounts sufficient to protect the contractor against liability under the workers' compensation and occupational diseases regulations of the State of Illinois. iManage: 175625_1 0 6 b. Automobile Liability Insurance: Automobile liability insurance coverage in the amounts set forth in Appendix A, Division I of the Village Code; and c. General Liability: A comprehensive liability policy for all operations other than vehicular operations with coverage in not less than the amounts set forth in Appendix A, Division I of the Village Code. d. The licensee shall procure and maintain at its own cost and expense, any additional kinds of insurance which may be necessary for proper protection in the prosecution of the work. The foregoing coverage constitutes the minimum requirements and these requirements shall in no way lessen or limit the liability of the license. 4. Indemnification: The licensee shall indemnify and save harmless the Village against any and all damages to property and injury to or death of any person or persons, including property and employees, agents or invitees of the Village. The Licensee shall defend, indemnify and save harmless the Village from any and all claims, demands, suits, actions or proceedings of any kind or nature, including but not limited to, workers' compensation claims. This indemnity shall apply to all damages or injuries that in any way result from or arise out of the operations connected with the license issued pursuant to this Code. This shall include actions or omissions of employees or agents of the licensee and operations of subcontractors. The Village may require the Licensee to execute an agreement setting forth this indemnity. 5. Care and Performance: Each licensee shall undertake to perform all disposal services in a neat, orderly and efficient manner. Each licensee shall use care and diligence in the performance of its work and provide neat, orderly and courteous employees and personnel on its crews. 6. Sobriety: Each licensee shall prohibit any drinking of alcoholic beverages by drivers and crew members while on duty or in the course of performing their duties. If any employee or agent of a licensee has been found to have any level of alcohol or controlled substance in his or her system, while operating equipment in the Village, the Licensee shall be fined in the amount set forth in Appendix A, Division III and be subject to the loss of the license. This subsection is meant to be a zero tolerance policy and to impose vicarious responsibility on the Licensee. This fine against the Licensee shall be separate and distinct from any criminal or civil charges brought against the driver or operator and shall be in addition to any other penalties. The hearing with respect to this subsection shall be held before the Village of Mount Prospect Administrative Law Judge. 7. Obedience to Other Laws: Each licensee shall obey all other laws regulating its business. iManage: 175625_1 0 7 8. Working Hours: Collection of solid waste from residential properties and commercial or industrial sites adjacent to residential property is prohibited prior to 6:30 a.m., Monday through Saturday. All such collection is prohibited on Sundays. SECTION THREE: Appendix A of the Code of Ordinances of the Village of Mount Prospect, Illinois, shall be amended to insert the following new sections in numerical order by Section number to be and read as follows: APPENDIX A, DIVISION I Section 19.203 Regulations with Respect to Providers of Solid Waste Collection B(3)b Auto $2,000,000 B(3)c General $5,000,000 APPENDIX A, DIVISION II Section 19.201 General Regulations (C) Administrative fee: $25.00 (E) Not less than $1 OO.OO/day or more than $2,500.00/day Section 19.202: Regulations with Respect to Customers of Solid Waste Collection Services 12(a)(i) 12(a)(ii) 12(a)(iii) 12(b)(iii) Individual Dwelling Unit fees: $75.00 Multi-Family: As determined by the Village Manager Yard Waste Sticker Fee: As determined by the Village Manager Late Fee: 10% of bill if not paid by due date and $10.00 per day additional for each day beginning on the 16th day after the due date. 12(d)(i)Expenses Incurred for Shutting Off And Turning on Water: $100.00 Section 19.203 Regulations with Respect to Providers of Solid Waste Collection Services A(1) Annual Fee (Exclusive Franchise Licensee): $100.00 B(2) Other $300.00 C(3) Transfer Stations See Section 11.3405 APPENDIX A, DIVISION III Section 19.201 General Regulations E. Penalty: Not less than $100.00 nor more than $2,500.00 for each day that such violation continues. iManage:175625_10 8 Section 19.203 Regulations with Respect to Providers of Solid Waste Collection Services B(6) Zero Tolerance $2,500.00 SECTION FOUR: 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: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron NA YES: None ABSENT: Zadel PASSED and APPROVED this 6th day of February, 2007. 4/ flh In/ana K. Wilks Mayor ATTEST: ,1 (J ,/; I ,i C ,.., , ; I ('> ,,' .,-' " " ,..;7 ~' ! ""..:/J,R}J,.dr57' /1 hK C,,/ M.'-Lisa' Angell' " \ -'-. Village Clerk . - H :\C LKO\files\W I N\ORD I NANC\CHAPTER 19GARBAG E FEB2007. DOC iManage: 175625_1 0 9