Unless otherwise expressly stated, the following words and terms
shall, for the purposes of this article, have the meanings indicated
in this section:
GARBAGE
Any rejected or waste household food, offal, swill or carrion
and every accumulation of animal, fruit or vegetable matter that attends
the preparation, use, cooking and dealing in, or storage of, meats,
fish, fowl, fruits or vegetables and any other matter of any nature
which is subject to decay, putrefaction and the generation of noxious
or offensive gases or odor, or which, during or after decay, may serve
as breeding or feeding material for rodents, flies or other germ-carrying
animals or insects.
PREMISES
Any house or other dwelling place (the aforementioned also
being referred to as "residential premises"); and shall also mean
any commercial or industrial establishment, hotel or motel, church,
school, hospital, club building or meeting hall (such establishments
also being referred to collectively as "nonresidential premises").
REFUSE
All discarded household furniture, furnishings, fixtures,
appliances of all kinds, trees, tree branches, tree trunks, brush,
shrubs, grass clippings, plant stalks, leaves, building material,
sod, dirt and concrete.
RUBBISH
Any and all of the following: ashes, tin cans, bottles, cartons,
books, newspapers, boxes and other similar items of small household
or business trash other than garbage.
WASTE
Garbage, refuse or rubbish or any combination thereof.
WASTE DISPOSAL CONTRACTOR
A contractor with whom the Village of Bannockburn has contracted
for the removal of waste from all premises in the Village.
[Amended 5-22-2017 by Ord. No. 2017-12]
The Roads and Rights-of-Way Commissioner shall be in charge
of and responsible for the administration and enforcement of the provisions
of this article, unless the Village President shall have designated
some other officer to do so. All matters relating to or affecting
the accumulation, collection, removal or disposal of waste shall be
subject to and under the supervision of the Roads and Rights-of-Way
Commissioner unless specifically otherwise assigned.
The use or occupancy of any premises shall be prima facie evidence
that waste is being produced and accumulated on such premises. No
person, firm or corporation shall permit any waste to accumulate on
his, her or its premises except in covered waste containers, except
as otherwise hereinafter provided. Every person, firm or corporation
in possession of any premises in the Village of Bannockburn shall
be required to have all accumulations of waste disposed of regularly.
Every person, firm or corporation in possession of any premises
in the Village shall provide a sufficient number of waste containers
for the accumulation of normal waste. Every such waste container shall
be a covered can or container of galvanized iron or other noncorrodible
metal or material which is rodent- and flyproof, durable and leakproof,
of the type commonly sold as a garbage can or container, of a suitable
gauge and construction to ensure durability, with suitable handles
on both the container and the lid and of a capacity of not less than
10 gallons and not more than 30 gallons, except that such containers
for use by nonresidential premises may be of any size approved by
a waste disposal contractor.
[Amended 5-22-2017 by Ord. No. 2017-12]
All waste containers shall be maintained in good order and repair and in the condition required by §
190-4 of this article. Filthy, leaking or defective receptacles shall be cleaned, repaired or replaced by the owner or occupant of the premises, and at his or her expense, as directed by the Roads and Rights-of-Way Commissioner. All containers shall be disinfected with an effective antiseptic solution as often as is necessary to maintain them in a sanitary condition.
It shall be the duty of every person, firm or corporation in
possession of any premises in the Village of Bannockburn to place
all waste containers and refuse at a location that may be conveniently
and economically serviced on all days designated for the collection
of waste from such premises. In no event, however, shall any waste
container be placed for collection in front of the principal building
on the lot, on or dangerously close to any public or private street
or in any other location so as to cause a public or private nuisance
or danger. In no event shall any waste container placed for collection
pursuant to this section be visible from any public or private street
for more than 12 hours before or after the scheduled time of collection
by the waste disposal contractor.
[Amended 5-22-2017 by Ord. No. 2017-12]
A. Anything in this article to the contrary notwithstanding, the Roads and Rights-of-Way Commissioner may, pursuant to the authority conferred by 65 ILCS 5/11-20-13, make special arrangements for the removal of waste from private property located within the Village limits in the event that the owner of such property (the "affected property"), after reasonable notice, refuses or neglects to have accumulations of waste removed, and may collect from the owner the cost of such removal. Removal of waste in accordance with this section shall be by either the waste disposal contractor or such other scavenger as may be authorized to accomplish such removal in accordance with §
190-13 hereof. The Roads and Rights-of-Way Commissioner shall, within 60 days after the cost of such removal is incurred, file a notice of lien in the office of the Recorder of Deeds of Lake County, Illinois, which notice shall consist of a sworn statement setting out 1) a description of the affected property sufficient for identification thereof, 2) the amount of money representing the cost of removing said waste from the affected property, and 3) the date or dates when such cost was incurred.
B. The cost of removal shall thereafter be a lien upon the affected
property, superior to all subsequent liens and encumbrances, except
tax liens; provided, however, that such lien shall not be valid as
to any purchaser whose rights in and to the affected property have
arisen subsequent to the removal of waste pursuant to this section
and prior to the filing of notice as hereinabove provided for; and
provided further that such lien shall not be valid as to any mortgagee,
judgment creditor or other lienor whose rights in and to the affected
property arise prior to the filing of such notice.
C. Upon payment of the cost of removal by the owner of or persons interested
in the affected property after a notice of lien has been filed, the
lien shall be released by the Roads and Rights-of-Way Commissioner
and the release shall be filed of record in the same manner as the
notice of lien was filed.
D. The lien may be enforced by proceedings to foreclose as in the case
of mortgages or mechanics liens. Suit to foreclose a lien that arises
pursuant to this section shall be commenced within two years after
the date of filing the notice of lien.
All charges shall be billed by the waste disposal contractor
to the person, firm or corporation in whose name the waste disposal
account then appears. The waste disposal contractor shall be responsible
for billing and collecting all charges for services, and shall keep
an accurate record of all the premises he or she serves, including
the address and amounts collected from each. The waste disposal contractor
shall assume any and all delinquent accounts.
[Amended 5-22-2017 by Ord. No. 2017-12]
Anything in this article to the contrary notwithstanding, the
Roads and Rights-of-Way Commissioner may authorize any person or firm
to make special collections of waste in the Village, on an individual
contract basis for a single or limited number of collections, when
he or she shall determine that such person or firm is a responsible
scavenger and that special circumstances make it unreasonable or inconvenient
for such collection to be made by a waste disposal contractor licensed
by the Village.
[Amended 5-22-2017 by Ord. No. 2017-12]
Any person, firm or corporation who or which shall violate any of the provisions of this article shall be subject to a penalty as set forth in Chapter
1, Article
II, of the Village Code.