The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Tree trimmings, limbs, small trees and shrubbery trimmings greater than one-quarter inch in diameter but less than four inches in diameter, identified for curbside collection and chipping in accordance with policies of the Village. Christmas trees, stripped of ornamentation, shall be considered brush.
- BULK ITEMS
- Discarded home appliances, furniture, miscellaneous equipment and other large-sized items authorized for pick up and disposal by the Village during community-wide cleanup days only.
- CONTAGIOUS MATERIALS, DISPOSITION OF MEDICINES, POISONS, ETC.
- All materials which may be contagious, such as bandages, dressings, sputum cups, soiled tissues, etc., from hospitals, clinics, convalescent homes, nursing homes, doctors' offices or any other source, and shall be burned in approved incinerators. Where incinerator approval cannot be granted, contagious materials shall be wrapped or otherwise disposed of in accordance with applicable local, state and federal laws, rules and regulations. Medicines or poisons from domestic sources, hospitals, clinics, convalescent homes, nursing homes and similar sources shall be disposed of in accordance with applicable law.
- Putrescible animal, fish, fowl, fruit or vegetable wastes incidental to and resulting from the use, preparation, cooking and consumption of food. "Garbage" shall also include other solid wastes that are not classified as recyclable materials and are generated incidental to the use, preparation, cooking and consumption of food.
- PRIVATE SOLID WASTE HAULER
- Any person engaged in the business of collecting, transporting, delivering or disposing of solid waste within the Village, but excluding those persons who collect, transport, deliver or dispose of solid waste in a manner incidental to their primary business, such as construction and renovation contractors, lawn services and persons who haul away solid wastes generated at their own residence or place of business.
- RECYCLABLE MATERIALS
- Those solid waste materials generated by households and businesses, identified by resolution of the Village Council for collection in designated recycling containers. The Village Council shall establish by resolution a listing of those solid wastes identified as recyclable materials, which may be updated from time to time in response to available recycling technologies and market conditions. Such resolution shall also specify the manner in which these recyclable materials are to be prepared for collection.
- Rubbish, yard wastes, brush, recyclable materials, bulk items and garbage.
- The waste materials from normal household or living conditions and business operations, but not including any solid wastes identified as recyclable materials. "Rubbish" includes by way of example, but not limitation: ashes, those plastic materials not identified as recyclable materials, ceramics, window glass, discarded clothing and other nonputrescible solid wastes. "Rubbish" shall not include used building materials and/or debris accumulated as the result of demolition of buildings or structures and the contents of such buildings or structures.
- SOLID WASTE
- Includes all wastes defined in this section plus hazardous waste, industrial waste, construction waste, commercial refuse and pathogenic and radioactive waste.
- YARD WASTES
- Grass clippings, leaves, weeds, shrub clippings, small twigs or branches less than one-quarter inch in diameter and less than four feet in length, and other yard and garden wastes which can be disposed of in accordance with guidelines set forth by the Village for the collection and processing of yard wastes.
The Village Manager is authorized to make such rules and regulations as from time to time appear to him to be necessary to carry out the intent of this chapter, provided that such rules are not in conflict with this or any other law of the Village or other appropriate governmental unit, and provided that such rules shall be approved by the Village Council. Failure to observe any approved rule or regulation shall be a violation of this chapter. Such rules and regulations shall be published and available for distribution at the Village Clerk's office.
The Village reserves the right to suspend solid waste collection services to any person who violates the provisions of this chapter, based on written documentation of such violation by the Superintendent of Public Works. A notice of such suspension of service shall be furnished to the violating party via first-class mail.
If any person, firm or corporation shall violate the provisions of this chapter, or any other ordinance of the Village, code, statute or regulation of any county, state or federal agency or government, so as to create or impose the possibility of an immediate health hazard, peril or danger to the Village, the Superintendent of the Department of Public Works shall take immediate corrective action through the removal of all garbage, refuse, ashes, garden rubbish or commercial waste, and shall charge the property owner for all services, pursuant to the published schedule of fees.
Except in the case of an emergency, the Superintendent shall provide notice of demand for removal of all garbage, rubbish, garden rubbish, ashes or commercial waste, which notice shall contain the following:
If anyone shall appeal such determination, they shall present a written statement of appeal, as provided on the notice, to the Village Hall, attention Village Manager. The Village Manager shall inspect such premises and attempt to resolve any disputes, and shall make a written report to the property owner within 24 hours of receipt of the appeal. If the property owner accepts such determination, he shall sign a copy of the report and return it to the Village Manager within 24 hours. If no acceptance is received within such time, the Village Manager shall call an emergency meeting of the Village Council and cause the Police Department to serve notice of the time and place of the meeting on the property owner and the occupants of the affected property, if local, or make such service as shall provide notice of the meeting for nonresident owners. The Village Council shall hold a hearing on the matter, allow all interested parties an opportunity to be heard, view the property and make a final determination.
Upon determination adverse to the property owner, whether by default or after hearing, the Superintendent may remove the violation from such property, and collection of cost shall be had in the same manner as otherwise proscribed in this section.
If the county department of health shall determine that any person, firm or corporation is violating this chapter, or any other ordinance of the Village, or any statute, code, rule or regulation of any county, state or federal agency or government, which imposes a serious hazard, peril or danger to the health, safety or welfare of the community, such department shall order the immediate removal by the Village or correction of the conditions by the owner creating such hazard, peril or danger, and the property owner shall be assessed for all costs related to such corrective action.
If the Village Council shall declare an emergency situation with regard to the removal of solid waste materials generated as the result of tornado, flood or other disaster, the Village Council may, by resolution, waive any of the limitations or requirements established in this section.
Accumulations or deposits of refuse remaining on premises are declared to be a nuisance. No owner or occupant of a residential unit shall permit the accumulation of refuse upon the residential premises for a period of more than seven days. No person shall permit accumulations or deposits of refuse to remain upon premises occupied or owned by him except as permitted by this chapter.
The Village shall first investigate the existence of an alleged nuisance to determine whether or not a nuisance exists, and to further determine the person who has created or is committing or maintaining such nuisance. The Village shall then give written notice to the person responsible for the creation, commission or maintenance of such nuisance, specifying in particular the nature thereof, the corrective action to be taken to abate such nuisance, and a reasonable time limit for abatement of such nuisance. Such notice shall be served by prepaid mail upon the last known owner or occupant, and if such person cannot be found, posted prominently and securely upon such premises for at least seven days before any abatement action is taken. If, at the expiration of the time limit in such notice, the person responsible for the commission, creation or maintenance of the nuisance has not complied with the requirements thereof, the Village shall carry out the requirements of such notice. The cost of such abatement shall be a debt owed to the Village by the person responsible for the commission, creation or maintenance of such nuisance, and if the nuisance is attributable to the use, occupance or ownership of any land or premises within the Village, the cost shall be charged against such premises in the same manner as a special assessment.
No person shall cast, spill, place, sweep or deposit anywhere within the Village any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any other premises within the Village.
The owner and/or occupant of any premises shall clean up and remove any scattered refuse resulting from the breakage, opening or handling of any container, plastic bag or receptacle placed by him for collection from the premises after it has been scattered.