HomeMy WebLinkAboutOrd 5700 07/15/2008
ORDINANCE NO. 5700
AN ORDINANCE AMENDING CHAPTER 19 AND APPENDIX A, DIVISION II OF
THE MOUNT PROSPECT VILLAGE CODE
Passed and approved by
the President and Board of Trustees
the 15th day of July, 2008
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 16th day of July, 2008
ORDINANCE NO. 5700
AN ORDINANCE AMENDING CHAPTER 19 AND APPENDIX A, DIVISION II
OF THE MOUNT PROSPECT VILLAGE CODE
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 1: Section 19.202, "Regulations with Respect to Customers of Solid
Waste Collection Services", of Article 2, Solid Waste Collection, of Chapter 19,
Health Regulations, of the Mount Prospect Village Code is amended by deleting
Subsection B in its entirety and replacing it with the following:
B. Nonresidential Consumers: All solid waste collection for nonresidential
property within the corporate limits of the village shall be made, in every
instance, by the exclusive solid waste nonresidential contractor servicing the
village as set forth in a current nonresidential consumer (commercial) solid
waste contract ("exclusive nonresidential franchisee"), except to the extent
that any such contract exempts nonresidential consumers receiving such
service under a nation-wide solid waste collection contract.
2. Every nonresidential consumer within the corporate limits of the village
shall be billed by the exclusive nonresidential franchisee for, and shall be
required to use the services of, the exclusive nonresidential franchisee.
3. Collection and disposal of solid waste shall be accomplished in a prompt
and sanitary manner through the use of approved receptacles furnished by
the licensed solid waste contractor. The village manager may promulgate
such additional rules as may be advisable for such collection and disposal,
and to provide a transition period for users to begin service with any new,
exclusive nonresidential franchisee.
4. Such nonresidential solid waste collection shall be performed at least once
each seven (7) days unless interrupted by a legal holiday.
5. The fees and method of payment for the collection and disposal of solid
waste are set forth below:
a. Amount of Payment: All nonresidential solid waste collection charges
shall be due and payable to the exclusive nonresidential franchisee in
the amounts set forth in appendix A, division II of this code.
b. Payment Process:
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(1) The exclusive nonresidential franchisee shall perform on a
quarterly basis, or an alternative schedule approved by the
Village, the billing and collection of all rates and charges on behalf
of the Village.
(2) The exclusive nonresidential franchisee shall account separately
for all amounts received and remit an administrative fee to the
Village in the amount set forth in appendix A, division II of this
code.
(3) Late charges shall be assessed as set forth in appendix A,
division II of this code, and retained by the exclusive
nonresidential franchisee.
(4) 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 (2) months of the service, in addition
to the balance due and all late charges.
(5) 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 exclusive nonresidential franchisee
may send statements to, and enforce collections from, property
users other than the property owner.
g. Lien Against the Property: A lien may be placed against the property
for nonpayment as provided in Subsection A.12.c of this Section.
h. Other Remedies for Nonpayment: The additional remedies set forth in
Subsection A.12.c of this Section may be utilized for nonpayment.
Section 2: Section 19.203: "Regulations With Respect To Providers Of Solid
Waste Collection Services", of Article 2, Solid Waste Collection, of Chapter 19,
Health Regulations, of the Mount Prospect Village Code is amended by deleting
Sub-subsection A2 in its entirety and replacing it with the following:
2. Solid Waste Collection For Other Than Residential Service; 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
nonresidential consumers located within the corporate limits of the village,
except that such a license may be issued to solid waste collectors having
nation-wide contracts for such services. The exclusive nonresidential
franchisee shall furnish all labor, materials and equipment for the removal of
solid waste in regular weekly collections, as set forth in the current
nonresidential consumer solid waste contract. The annual fee to be paid by
the exclusive residential franchisee shall be as set forth in appendix A,
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division II of this code or as otherwise provided in the exclusive franchise
contract.
Section 3: Appendix A, Division II of the Mount Prospect Village Code shall
be amended by inserting the following alphabetically in Section 19.202,
Regulations With Respect To Providers Of Solid Waste Collection Services", to
be and read as follows:
B. 5 a. Waste collection charges with administrative fee: As determined by the
village manager.
b.2. Administrative fee: As determined by the village manager.
b.3. Late charge of 20% of bill if not paid by due date.
Section 4: This Ordinance shall be in full force and affect from and after its
passage, approval and publication in pamphlet form in the manner provided by
law.
AYES:
Corcoran, Juracek, Korn, Polit, Zadel
NAYS:
None
ABSENT:
Hoefert
PASSED and APPROVED this 15th day of July, 2008.
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Ifvana K. Wilks
Mayor
ATTEST:
~7?'(~~
M. Lisa Angell "
Village Clerk
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