For the purposes of this Article V, the following words and phrases shall have the meanings indicated:
Putrescible animal and vegetation waste resulting from the
handling, preparation, cooking, and consumption of food.
Garbage, refuse, and rubbish and all other waste material
that, if thrown or deposited, tends to create a danger to public health,
safety, and welfare.
All putrescible and nonputrescible solid wastes (except body
waste), including garbage, rubbish, ashes, street cleanings, dead
animals, animal feces or excremental matter, abandoned automobiles
or any parts thereof, and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, but not limited to stones, grass, sticks,
paper, rags, straw, wood, rocks, dirt, dust, sidewalk sweeping, turf,
sand, debris, junk, automobile bodies, framework, chassis, abandoned
automobiles, or any combination of the same, ashes, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, bedding, crockery, and
similar materials.
A.
No person shall throw, place, deposit, or cause to be thrown, placed,
or deposited, litter or any dangerous or offensive substances in or
upon any public place except in a public receptacle or in an authorized
private receptacle for private collection.
B.
A public receptacle shall not be used for the deposit of garbage.
No person shall throw, or cause to be thrown, litter or any
dangerous or offensive substance at a car, vehicle, house, building,
or fence.
A person placing litter in public receptacles or in private
receptacles shall do so in a manner so as to prevent it from being
blown, carried, or deposited by the elements upon public places or
private property.
A.
No person shall sweep, cast, throw, or deposit or cause to be swept,
cast, thrown, or deposited in any public place the accumulation of
litter from a building or lot or from a public or private sidewalk
or driveway, except as permitted by this article.
B.
All persons owning or occupying property shall keep the sidewalk
in front of their premises free from litter.
A.
No person shall throw or deposit litter from a vehicle onto a public
or private place.
B.
No person shall drive or move a truck or other vehicle unless the
vehicle is so constructed, loaded, or covered as to prevent any load
or contents of litter from being blown or deposited upon any public
or private place.
C.
No person shall drive or move any vehicle or truck within the Village,
the wheels or tires of which carry onto, or deposit in, any street,
alley, or other public or private place mud, dirt, sticky substance,
or foreign matter of any kind.
No person shall throw, place, deposit or permit to be thrown,
placed, or deposited, upon any public or private vacant lot, litter
of any description.
A.
No person shall throw or deposit a commercial or noncommercial handbill
in or upon a sidewalk, street, or other public place.
B.
No person shall hand out or distribute or sell a commercial handbill
in a public place.
C.
This section shall not apply to the distribution in any public place,
without charge to the receiver thereof, of a noncommercial handbill
to any person willing to accept it.
A.
No person shall throw or deposit a commercial or noncommercial handbill
in or upon any private premises which are temporarily or continuously
uninhabited or vacant, except by handing or transmitting the handbill
directly to the owner, occupant, or other person then present in or
upon the private premises.
B.
In case of inhabited private premises which are not posted, the distributor,
unless requested by anyone upon the premises not to do so, shall have
the authority to place or deposit a handbill in or upon the inhabited
private premises, if the handbill is so placed or deposited as to
secure or prevent the handbill from being blown or drifted about the
premises or sidewalks, streets, or other public places.
C.
Mailboxes may not be used when prohibited by federal postal law or
regulations.
The provisions of § 141-510 shall not apply to the distribution of mail by the United States, nor to newspapers.
No person shall post or affix a notice, poster, or other paper
or device calculated to attract the attention of the public to a lamp
post, public utility pole, or shade tree or upon any public structure
or building, except as may be authorized by the owners thereof or
required by law.
A.
No person shall throw, deposit, or store litter on any occupied private
property, whether owned by that person or not.
B.
The owner or person in control of private property may maintain private
receptacles for collection and removal of litter, provided that those
receptacles shall not be unsightly or detrimental to the surrounding
neighbors.
A.
In general. It is hereby declared a nuisance for any owner of property
to maintain a hazardous condition on his or her property within 100
feet of any Village facility. In addition, it is hereby declared a
nuisance for any person to introduce or to allow the introduction
of a hazardous substance into any Village facility. Any person who
allows a hazardous condition to exist violates this section and, if
the violation is not resolved pursuant to the procedures in this section,
is subject to an enforcement action and fines. Any person who allows
a hazardous substance to be so introduced into a Village facility
violates this section and is subject to an enforcement action and
fines.
B.
Definitions.
(1)
ASSESSMENT REPORT
COMMISSIONER
HAZARDOUS CONDITION
HAZARDOUS SUBSTANCE
OWNER
VILLAGE FACILITY
VIOLATION NOTICE
When used in this section, the following terms shall have the
meanings ascribed to them below:
A report from a licensed civil engineer that assesses a hazardous
condition.
The duly acting or appointed Village Water and Sewer Commissioner,
or the Commissioner's designee. For purposes of administering and
enforcing this section, the Commissioner shall be authorized to seek
the services of the Village Engineer and Village Attorney, as well
as any other consultants as the Village Board of Trustees may authorize.
[Amended 5-22-2017 by Ord. No. 2017-12]
Any condition or circumstance on any real property within
the Village where a hazardous substance exists or is allowed to remain
without restraint in a properly authorized container or vessel, or
any facility that exists in, on, under, or upon property and contains
or at one time contained a hazardous substance (unless the facility
is currently licensed, permitted, or authorized by the State Fire
Marshal or the Illinois Environmental Protection Agency, or other
agency with jurisdiction therefor), where the condition or facility
emits a noxious odor, is inflammable, or has an observable or detectable
adverse impact on persons, wildlife, or vegetation.
Any material in a solid, liquid, or gaseous state that is
defined in the Illinois Environmental Protection Act as a "hazardous
substance" or "hazardous material"; or any petroleum product, including
crude oil, natural gas, natural gas liquids, liquefied natural gas
or synthetic gas usable for fuel.
The legal or beneficial owner of real property, any person
with a possessory interest in real property, or any person occupying
or in control of real property.
Any pipe, instrument, main, line, conveyance, or other facility
or appurtenance of or relating to the Village's potable water system,
sanitary sewer system, or stormwater management system.
A notice issued by the Commissioner upon the determination
that a hazardous condition exists within 100 feet of any Village facility.
(2)
In addition to the foregoing terms, the terms defined within
this section shall have the meanings therein set forth.
C.
Detection and notice. Whenever the Commissioner determines that there
exists a hazardous condition within 100 feet of any Village facility,
and that the hazardous condition may infiltrate or otherwise enter
into a Village facility, the Village shall deliver a violation notice
by certified and regular mail to the owner of the property at the
address of the property; the violation notice shall be deemed delivered
when mailed. If the property is unoccupied, the violation notice shall
be sent to the address where the last tax bill was sent for the property.
The violation notice shall state the nature of the hazardous condition,
shall advise the owner that compliance with this section is required,
and shall contain a copy of this section. The violation notice may
contain any other information that the Commissioner may deem helpful
in order to eliminate a hazardous condition.
D.
Assessment report. Within 60 days after the delivery of the violation
notice, an owner shall deliver to the Commissioner an assessment report
from a licensed civil engineer that contains a preliminary assessment
of the hazardous condition on the property. The assessment report
shall contain recommendations for removal and remediation of the hazardous
condition on the property. The Commissioner may permit an owner additional
time to submit the assessment report, and may allow variances from
the requirements of the assessment reports, when the Commissioner
believes that additional time or a variance will promote the prompt
elimination of a hazardous condition. An owner who fails to deliver
an assessment report as required in this section shall be subject
to an enforcement action and fines.
E.
Evaluation and remediation order. Upon review of the assessment report,
the Commissioner shall make a determination as to whether the report
contains a sufficient analysis of the hazardous condition on the property
and an appropriate plan for removal and remediation. If the Commissioner
determines that the assessment report is insufficient in these respects,
the owner of the property shall have an additional 60 days to supplement
the assessment report after notice from the Commissioner. Upon receipt
of a sufficient assessment report, the Commissioner shall issue an
order of removal and remediation setting forth the action necessary
to remove and remediate the hazardous condition on the property. The
order of removal and remediation shall include a schedule for compliance
with the order of removal and remediation, and it may include a determination
that no action is necessary.
F.
Remediation action. The owner shall promptly undertake the actions
set forth in the order of removal and remediation. Upon showing of
good cause, the Commissioner may modify the schedule for compliance
with the order. The Commissioner shall determine whether the owner's
actions conform to the requirements of the order of removal and remediation.
An owner who fails to comply with the order of removal and remediation
in a timely fashion (subject to the procedures for reviewing such
order) shall be subject to an enforcement action and fines.
G.
Review of remediation order.
(1)
Petition to Commissioner. Any owner of property that is the
subject of an order of removal and remediation may, within 30 days
after the issuance of the order (or longer as the Commissioner may
permit), petition the Commissioner to modify the order of removal
and remediation. The Commissioner shall promptly review the petition
and issue an appropriate petition order. The petition order shall
be based on the Commissioner's consideration of the costs of the removal
or remediation, the risk to Village facilities and the public health
and safety, and any other factors deemed relevant by the Commissioner.
The petition order shall be delivered to the owner in the same manner
as the violation notice, and the petition order shall be reviewable
only upon appeal to the Board of Trustees.
(2)
Appeal to Board of Trustees. Within 30 days after the delivery
of the petition order, any affected owner may appeal the petition
order to the Village Board of Trustees. The Village Board shall consider
the appeal at a regularly scheduled meeting. The Board may take the
appeal under consideration and, thereafter, issue a decision to affirm,
overrule, or modify the petition order. The decision of the Village
Board shall be final. Notwithstanding the foregoing, if new facts
are discovered after the decision of the Village Board, an affected
owner may petition the Village Board directly for a reconsideration
of its decision.
H.
Enforcement. Any owner of property that is the subject of a violation
notice and that has not complied with the provisions of this section
shall be subject to an action to abate the nuisance created by the
hazardous condition, as well as any fines that are prescribed by law
for offenses. Each day that a hazardous condition remains in violation
of this section shall be deemed a separate offense. Nothing in this
section shall be deemed to limit the Village's right to seek recovery
for damages to Village facilities resulting from a hazardous condition
or other violation of this section. In addition, to assist in the
detection and correction of violations of this section, the Commissioner
shall have the right to seek administrative warrants for purposes
of inspecting any property suspected of having a hazardous condition.
