The Village Council may, either by advertising for bids or otherwise,
enter into an exclusive contract with such person as the Village Council
may deem best able to collect and dispose of residential refuse for
the Village in accordance with the best interests of the Village and
its citizens, or to extend the terms of such exclusive contract. The
contractor shall be the only person allowed to provide commercial/residential
refuse collection and disposal services within the Village or within
the boundaries prescribed by the limitations of this article. The
contract documents shall contain provisions that the Village contractor
shall collect and dispose of refuse from all residential premises
in the Village in full compliance with this article and applicable
local, state and federal laws, rules and regulations.
A.
Each residential living unit located in a structure containing one
to four living units shall be eligible for Village collection and
disposal of the solid wastes generated at such location.
B.
Each multiunit residential structure containing more than four living
units shall be eligible for Village collection and disposal of the
solid wastes generated at that location, to the same extent that such
services are available to a single-family residential unit.
The frequency of solid waste collections for residential properties
shall be set by resolution of the Village Council.
No person shall place any hazardous materials, including, but
not limited to, poisons, drugs, acids, dangerous chemicals, narcotics,
radioactive wastes or explosive substances, in any container for collection
and disposal by the Village's solid waste disposal program. It
shall be illegal to place for collection any materials identified
by state law as illegal for disposal in Type II landfills. The carcasses
of dead animals shall not be placed for collection by the Village.
To be eligible for Village collection and disposal services
as described in this article, the owners or occupants of any property so served shall be required
to conform to the following requirements regarding solid waste containers
and placement:
A.
Types of containers.
(1)
For disposal of residential garbage or rubbish, containers shall
be of metal, hard rubber or rigid plastic material, of watertight,
vermin-tight and insect-tight construction, not to exceed ninety-six-gallon
capacity, equipped with tight-fitting covers and with handles by which
they may be lifted.
(2)
Brush shall not be placed in containers but shall be neatly piled
on the tree lawn (area between the sidewalk and curb) just behind
the curb, or just off the edge of the pavement in areas with noncurbed
streets. Brush may not be tied or bundled but shall be loosely stacked
to facilitate chipping. Brush may not be piled within 30 feet of any
street intersection; within 20 feet of any fire hydrant; nor in a
manner that interferes with pedestrians' use of the public sidewalk.
(3)
All recyclable materials shall be placed in a rigid plastic container,
18 gallons in size, specified by resolution of the Village Council
for this purpose. Each household shall receive one such container
free of charge from the Village. Replacement of such container, or
purchase of additional containers, shall be at the property owner's
expense. Such containers shall be available for purchase at the Village
Hall, at a cost to be determined by resolution of the Village Council.
Newspapers may be placed in grocery bags and placed beside the containers
if there is not sufficient room in the container.
B.
Maximum weight of containers. No loaded container shall exceed 60
pounds in weight.
C.
Placement of containers or piles of brush.
(1)
Location. Solid waste containers or stacks of brush shall be placed
at the back edge of the curb (edge of pavement on noncurbed streets)
in front of the property where such waste originated. The sole exception
to such placement shall be locations where the Superintendent of Public
Works determines that solid waste collection shall be from the public
alley behind a property or where the Superintendent authorizes special
pickup services for handicapped or infirm individuals.
D.
Maximum number of containers. No residential living unit, commercial
facility, nor industrial facility shall be eligible to have more than
four containers of garbage or rubbish collected on any single collection
day. There shall be no limitation on the number of containers of yard
wastes or recyclable materials placed at streetside for collection.
A.
Types of collection. The contractor shall provide either curbside
unlimited or backyard collection service to each residential premises
one time per week. "Curbside" means that portion of right-of-way adjacent
to paved or traveled Village roadways, excluding approved alleys.
"Backyard" means a side or backyard, or place both convenient for
the Village contractor and customer, but in no case shall the Village
contractor be required to enter a garage or dwelling.
B.
Refuse to be collected. The Village contractor shall collect garbage
and rubbish on the designated collection day except for holidays when
refuse will be collected the following day, excluding holidays or
Sundays, or unless published to the contrary. Collection shall be
subject to weather and other conditions beyond the control of the
Village contractor. Each owner and/or occupant of a residential premises
may place for pickup only refuse generated by each residential unit
owned, leased or occupied by him.
Solid wastes placed at the edge of the street in the Village for collection in accordance with this article shall be considered the exclusive property of the Village or its authorized solid waste collection agent, between the time such materials are placed at the curbside and the time they are collected by the Village or its authorized collection agent. It shall be unlawful for any person not duly authorized by the Village to collect, remove, pick up or cause to be collected, removed or picked up, any such solid waste materials. The sole exception to this prohibition shall be materials placed for collection during community-wide cleanup days, as described in § 314-17B.
A.
Excessive quantities. Any person requiring the removal of quantities
of solid waste in excess of those identified in this article must
make arrangements for special services by contacting the Village's
Department of Public Works, and shall be charged for such services
based upon the Village's actual costs for personnel, equipment
and disposal, but in no event less than $15 for each such special
collection. Upon completion of such special services, the Village
Treasurer's office shall furnish the requesting party with a
bill for such services, to be paid within 30 days. Failure to pay
such charges may result in the suspension of solid waste collection
services for the property in question.
B.
Community-wide cleanup days. The Village Council may designate by
resolution special community-wide cleanup days, when quantities of
garbage and rubbish in excess of those normally allowed, plus bulky
items such as discarded furniture and appliances, may be removed by
the Village free of charge.[1]
The Village Council shall establish by resolution all rates
and fees for residential premises refuse collection. Such rates shall
be subject to revision by the Village Council from time to time.
A.
Residential premises containing more than one dwelling unit which
is billed separately for water and sewer charges by the Village Treasurer
shall be billed to the person who is the customer of the Village Treasurer.
Residential premises containing more than one dwelling unit served
by a single water and sewer bill, so that occupants or tenants cannot
be billed separately by the Village Treasurer's office, are prescribed
by this article and shall be billed to the customer of the single
utility bill who shall be liable for the service fee for such premises.
Owners and/or occupants of residential premises who are not customers
of the Village Treasurer shall be billed individually.
B.
Although the occupant or person in possession of the residential
premises may make arrangements with the Village for payment of rates
for the required refuse service, the owner of record, as title holder
as reflected in the records of the Village Assessor, shall be responsible
for all refuse collection charges for service to the owner's
residential premises.
Residential premises refuse collection and appropriate charges
for service shall continue, regardless of the customer's response
to the billing procedure, so long as the residential unit is deemed
occupied. It shall be the responsibility of the owner of the premises
to advise the Village or its contractor of any change in occupancy
of the residential unit for purposes of service and billing.
It shall be the duty of any owner and/or occupant of a residential
premises to notify the Village Treasurer's office if such premises
is being vacated between billing periods. It shall be the duty of
any owner and/or occupant entering into any residential premises in
the Village to notify the Village Treasurer's office immediately
to avoid delay in billing and collection procedures. No charge shall
be levied on and no refuse collection shall be rendered to the owner
and/or occupant of a residential premises when such premises is temporarily
vacated as established by the Village.
All elderly and handicapped persons shall receive a discount
for residential curbside-unlimited or backyard-unlimited service by
the Village contractor, as determined by the Village Council from
time to time.
The service fee for removal of refuse by the Village contractor
shall be established by the Village Council from time to time.
The following billing procedures shall be controlling as to
residential premises refuse collection service:
A.
Statements shall be rendered monthly and be payable to the Village
at the office of the Department of Public Works and other locations
as may be designated.
B.
The billing statement shall be payable on or before the due date
shown on the statement. Payment date shall constitute the date upon
which payment is received at the appropriate office.
A.
The charges for residential premises refuse collection shall constitute
a lien on all such premises.
B.
In addition to the methods of collection and fees imposed in this
article, the Village Treasurer shall, on June 30 and January 1, certify
all unpaid charges for such service furnished to any premises which,
as of these dates, have remained unpaid for a period of six months,
to the Village Assessor, who shall place the unpaid charges on a special
assessment roll of the Village, and shall be collected and enforced
in the same manner as special assessments.
C.
If the Village is properly notified that a tenant is responsible
for residential refuse service charges, the Village shall require
a tenant deposit of $15, which shall be applied to the final bill
upon termination of refuse service to such tenant.