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.
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.
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.
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.
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.
Includes all wastes defined in this section plus hazardous
waste, industrial waste, construction waste, commercial refuse and
pathogenic and radioactive waste.
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.
A.
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.
(1)
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:
(2)
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.
(3)
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
