[HISTORY: Adopted by the President and Board of Trustees
of the Village of Homer Glen as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-12-2008 by Ord. No. 08-043]
The purpose of this article is to regulate and control the accumulation,
removal and disposal of refuse, recyclables, and yard waste and to
eliminate unhealthy, unsanitary and unsightly conditions in the Village.
As used in this article, the following terms shall have the
meanings indicated:
Any discarded or unwanted large household items such as couches,
chairs, mattresses, box springs, bed frames (provided they are broken
down into pieces), sofas, tables, bookcases, fixtures, bicycles, sleds,
swing sets, and other furniture pieces. Up to four rolls of carpeting
and padding each (for a total of eight rolls) shall be considered
a single bulk item, provided that each roll is cut and rolled into
lengths of four feet and properly secured and tied and each roll does
not exceed 50 pounds in weight. This definition does not include "white
goods" as defined by Illinois Administrative Code, 35 Ill. Adm. Code
875.101.
A fully enclosed metal, watertight receptacle normally supplied
by a refuse collection firm.
Any individual, business or entity of any kind which generates
commercial waste, refuse or recyclable materials.
Waste, fats and oils created by the preparation of food by
a food vendor of any size.
Any refuse collection firm licensed by the Village providing
removal of commercial waste, refuse and recyclable materials from
stores, offices, industries, hotels, restaurants, health-care facilities,
religious and civic organizations, construction work sites and other
similar places.
A license issued by the Village for the pickup of commercial
waste and recyclable materials.
Refuse generated by businesses, offices, restaurants, retailers,
and institutions located in or as part of commercial buildings not
included in the definition of "residential unit" as defined herein;
includes combustible trash, including, but not limited to, paper cartons,
boxes, barrels, wood, packaging material, wood furniture, and bedding;
noncombustible trash, including, but not limited to, food waste, metals,
tin cans, plastic containers, metal furniture, glass, crockery, other
mineral waste or street refuse. This does not include "temporary construction
roll-off containers" as defined herein.
A tightly covered metal, or plastic, watertight receptacle.
Wheeled carts provided by the residential refuse contractor
serving the Village having a capacity of 35 gallons, 65 gallons or
95 gallons.
Metal or plastic containers having tight-fitting covers not
exceeding 32 gallons' capacity each and not exceeding a total weight
when full of 50 pounds each. Every such container shall have secure
handles for convenient lifting and carrying.
A container may be a disposable refuse sack or liner of not
less than gauge 0.0015 for plastic or two-ply, fifty-pound weight
strength extensible kraft paper; and shall not exceed a total weight
when full of 50 pounds each.
Multi-yard containers are tightly covered metal or plastic watertight
receptacles two cubic yards to eight cubic yards in size.
The United States Department of Labor, Bureau of Labor Statistics,
Revised Consumer Price Index for all Urban Consumers (CPI-U) for Chicago,
Illinois — Gary, Indiana — Kenosha, Wisconsin local area
(all items 1982-84 = 100).
Misting the metal, plastic or wood interior of commercial
refuse and recycling containers with a bleach and water solution of
sufficient strength to destroy harmful bacteria, viruses, etc.
The area where commercial waste, refuse, recyclable materials,
grease containers, dumpsters or compactors are stored.
An enclosed, leakproof receptacle located inside or outside
a food establishment for the storage of commercially generated grease.
Illinois Environmental Protection Agency, or successor.
Materials to be discarded that may be marketable recyclable
commodities, including green, brown, blue, clear glass food and beverage
bottles and jars; steel, aluminum and bimetal food and beverage containers;
paperboard milk, food and laundry refill cartons; drink boxes (aseptic
packaging); polyethylene terphthalate (PET, plastic code #1); high-density
polyethylene (HDPE, plastic code #2); vinyl (V, plastic code #3);
low-density polyethylene (LDPE, plastic code #4); polypropylene (PP,
plastic code #5); other (plastic code #7) plastic food, beverage and
household cleaning product containers; formed aluminum containers,
trays and pans; aluminum foil; plastic beverage six-pack rings; empty
paint and aerosol cans; old corrugated cardboard (OCC); dry and wet
strength box board; white, colored, computer and mixed office and
school paper; newsprint; kraft paper bags; "junk mail"; magazines;
telephone directories; as well as any other materials designated or
approved by the Village for recycling by a licensed refuse contractor
operating within the Village.
The day-to-day accumulations of discarded and unwanted putrescible
and nonputrescible household and kitchen wastes, including but not
limited to food, food residues and materials necessarily used for
packaging, storing, preparing, and consuming same, usually referred
to as "garbage," and all combustible and noncombustible waste materials
resulting from the usual routine of domestic housekeeping, including
but not limited to boxes, cartons, wrapping, crockery, plastic containers,
fixtures, and papers and small electronic appliances such as toasters,
vacuum cleaners, televisions, and computers. Christmas trees (except
during January), wreaths, and other ornamental indoor plants are included
in this definition.
The refuse contractor selected by the Village to collect
and dispose of refuse, recyclables, and yard waste from residential
and Village properties in the Village in accordance with an agreement
entered into by the Village and the refuse contractor.
A license issued by the Village for the pickup of residential
waste and recyclable materials.
Automotive tires; more than two cubic yards of broken concrete,
rocks, and/or soil; household hazardous wastes, including, but not
limited to, explosives, oil-based paints, latex paint in liquid form,
oils, solvents or other materials that may present a fire hazard;
potentially infectious medical waste (PIMW) defined in 35 Ill. Adm.
Code 1420.102 that is not exempt; medical and biohazard wastes; any
single household item too large to be placed in a compactor-type truck
or for one person to reasonably manage; construction and/or demolition
material in excess of two cubic yards, including drywall, lumber,
roofing materials, fencing and posts, permanent swimming pools, any
rigid item over four feet in length; and/or material(s) resulting
from evictions.
All establishments where waste is generated through the preparation
and sale of food.
When two or more separate businesses or residences utilize
the same dumpster, compactor or dumpster space. This includes separate
businesses or residences within the same building, as well as in separate
buildings.
Containers used for a short period of time exclusively during
construction, remodeling and/or for the removal of large quantities
of refuse.
Residential units located on property in the A-1 Agricultural
District or A-2 Rural Residential District.
Any individual residence and/or any Village-owned property
within the Village limits of Homer Glen, including single-family homes,
duplexes, townhouses, condominiums and multiple-unit buildings up
to four units in size. Multifamily buildings with five or more attached
units such as apartments, condominiums or townhouses lacking individual
driveways, and detached units with shared driveways and shared dumpster
service, are considered commercial-residential units and shall be
subject to collection as residential units in accordance with the
Village's residential refuse contract.[1]
Items defined by 35 Ill. Adm. Code 875.101 and including
all household residential-type discarded refrigerators, ranges, water
heaters, freezers, air conditioners, clothes washers, dryers, boilers,
and other similar domestic large appliances. Large commercial freezers,
chillers, ice makers, or air conditioners are not included in this
definition.
All accumulations of grass or shrubbery cuttings, leaves,
tree limbs, branches, brush, vines, garden plants, and other similar
organic materials as the result of the cultivation and maintenance
of lawns, shrubbery, vines, trees, and gardens. During the month of
January, Christmas trees are considered yard waste and shall be collected
separately from refuse to be chipped, composted or otherwise recycled.
Sod is considered yard waste, provided it is placed in a rigid container
not exceeding 32 gallons and not weighing more than 50 pounds. Branches
and brush to be collected as residential yard waste must be bundled
and tied with string or twine (not wire). Branches must be cut into
lengths four feet or less, and each branch should be no more than
four inches in diameter. Each bundle must weigh no more than 50 pounds.
A.Â
No occupant, person, owner, owner's agent or tenant of any private
or public premises shall permit refuse to accumulate on such premises
except in covered containers or as provided in this article, and all
such refuse shall be removed weekly, or more often if necessary to
protect the health of the inhabitants of the Village.
B.Â
Uncovered residential or commercial waste, refuse and recyclable
materials. It shall be unlawful to place or permit to remain anywhere
in the Village any residential or commercial waste, refuse and recyclable
materials except in containers complying with the provisions of this
article.
C.Â
Deposits on streets and/or sidewalks. It shall be unlawful to deposit
or permit any residential or commercial waste, refuse or recyclable
materials to fall from any vehicle on any public street or alley in
the Village, provided that this provision shall not be construed to
prohibit placing residential or commercial waste or refuse in a container
complying with the provisions of this article preparatory to having
such material collected and disposed of in the manner provided herein.
D.Â
Deposit in refuse and recycling street containers. It shall be unlawful
to dump or place more than three gallons of residential or commercial
waste or refuse in any container provided by the Village for the convenience
of pedestrians.
E.Â
Disposal of landscape waste. Landscape waste materials shall not
be commingled with refuse or recyclable materials, but shall be disposed
of in compliance with state law.
F.Â
Windblown refuse. It shall be unlawful to cause or permit to accumulate
any refuse, dust or ashes that can be blown away by the wind unless
properly disposed of in a sealed container.
G.Â
Flammable refuse. Refuse which is flammable shall not be mixed with
refuse that is nonflammable.
H.Â
Consent of owner. It shall be unlawful to dump or place any residential
or commercial waste, refuse, recyclable materials or yard waste on
any premises in the Village without the consent of the owner of such
premises.
I.Â
Container. It shall be unlawful to dispose of any residential or
commercial waste, refuse or recyclable materials in the Village except
in a container complying with the provisions of this article, in an
IEPA-approved incinerator, or at an IEPA-approved disposal site.
J.Â
Unlawful removal and/or damage to containers. It shall be unlawful
for any person knowingly to obtain unauthorized control over any container
or any contents of any container.
K.Â
Ownership of waste placed for collection. All refuse, landscape waste
and recyclable materials collected in accordance with the terms of
this article shall become and be the property of the refuse contractor
as soon as the material is picked up or otherwise placed in the contractor's
vehicle.
L.Â
White goods. It shall be unlawful for any person to dispose of a
refrigerator or freezer unless the door to the appliance has been
removed.
M.Â
Unlawful removal of refuse. It shall be unlawful for any person to
collect, transport or remove residential refuse collected from his
or her residence for disposal to another residence or commercial property
located within or outside the geographic limits of the Village unless
the person is licensed or otherwise authorized by the Village to do
so.
A.Â
Approved residential containers.
(1)Â
Refuse. All residential dwellings shall place refuse in a covered refuse cart or other covered container provided by the Village's refuse contractor or in tightly covered cans or containers complying with the definition of "containers, residential" in § 166-2 of this article. Disposable refuse sacks or liners complying with the definition of "containers, residential" may also be considered proper containers. During the period of December 1 through March 31, residents may place additional refuse in a yard waste cart provided by the Village's refuse contractor.[1]
(2)Â
Recycling. All residential dwellings shall place recyclables in a
covered recycling cart or other covered container provided by the
Village's refuse contractor.
(3)Â
Yard waste. All residential dwellings shall place yard waste in a
covered yard waste cart or other covered container provided by the
Village's refuse contractor or in biodegradable heavy-duty paper bags
or in rigid reusable containers not exceeding 32 gallons' capacity
with a maximum weight not exceeding 50 pounds. Residents using rigid
reusable containers must identify such containers as having yard waste
material by affixing a yard waste identification label provided by
the Village's refuse contractor.
B.Â
Approved commercial and industrial containers.
(1)Â
Refuse. Commercial and industrial customers shall place refuse in
a covered dumpster or other covered container provided by the customer's
refuse contractor. Such dumpster or container shall have a tight-fitting
cover that prevents access by vermin or other animals and shall be
leakproof.
(2)Â
Recycling. Commercial and industrial customers shall place recyclables
in a covered container provided by the customer's refuse contractor
for such purpose. Baled cardboard and paper need not be stored in
a covered container.
C.Â
Location of containers. It shall be the duty of every occupant, person,
owner's agent or tenant in possession of any house, building, or apartment,
and industrial, commercial, religious, political, social and nonprofit
organizations in the Village, to place refuse, recycling, and yard
waste containers for collection at the curb or other location as established
by the Village.
D.Â
Use of containers. It shall be unlawful to place refuse generated
by residential properties in commercial or industrial property refuse
containers.
E.Â
Commingling waste. Only recyclable materials shall be placed in any
recycling cart or container.
F.Â
Recycling encouraged. Recycling by all residents and businesses of
the Village is hereby encouraged by the Village.
A.Â
Frequency of collection; location of collection. All household garbage
or refuse shall be collected and removed from the premises of residential
units at least once every week by the Village's residential refuse
contractor. Owners of agricultural units may elect not to receive
refuse service in accordance with the Village's refuse contract.
B.Â
Collection schedule; time limits for placing and removing containers.
The subdividing or apportioning of the Village into various zones
or areas for the collection of refuse by the Village's refuse contractor
shall be determined by mutual agreement of the Village and the contractor.
Such agreement shall designate the specific days of the week upon
which collection is to be made from each zone. No refuse which is
to be deposited for collection at any curb or other collection location
shall be so placed prior to 6:00 p.m. on the day prior to the collection
day, and no container shall so remain at the curb or other collection
location after the collection day.
C.Â
Collection of recyclable materials.
(1)Â
Recyclable materials, including, but not limited to, newsprint, glass
bottles, aluminum cans, and plastic milk and water containers, shall
be subject to recycling pursuant to programs established by the Village.
Such recyclable materials shall be set out for collection only in
containers approved for such purpose by the Village.
The following standards and specifications shall apply to all
persons holding a residential or commercial refuse service license:
A.Â
Bond requirements.
(1)Â
Prior to the issuance of a license for commercial refuse service,
each licensee shall file with the Village Clerk a performance bond
in the amount of $5,000 with sureties, in a form acceptable to the
Village.
(2)Â
Prior to the issuance of a license for residential refuse service,
the residential refuse service licensee shall file with the Village
Clerk a performance bond in the amount of not less than $250,000 or
a greater amount as provided in the residential municipal refuse collection
contract.
B.Â
Insurance and indemnity. Prior to the issuance of a commercial license,
the licensee shall provide the Village with a certificate of insurance
naming the Village as an additional insured, a certificate of insurance
with insurance coverage pertaining to all of the licensee's equipment,
personnel and operations under the contract, including general liability
insurance, workers' compensation insurance and motor vehicle insurance
in the amounts set forth in this subsection. The licensee shall maintain
adequate safeguards and use reasonable care in the performance of
all work and shall insure, indemnify, defend and hold the Village
harmless from any and all liability, costs and fees, including attorney
fees, resulting from damage to or destruction of any property or death
of or injury to any person (including, but not limited to, the licensee's
employees) or any administrative or judicial proceedings in whole
or in part arising out of the contract or in connection with the work
to be performed, including, without limitation, all acts or alleged
acts of the licensee, its employees, agents, or subcontractors, but
excluding that arising out of the sole legal cause of the Village,
its agents or employees.
(1)Â
General liability: $2,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage.
(2)Â
Automobile liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
(3)Â
Workers' compensation and employers' liability: workers' compensation
limits as required by the labor code of the State of Illinois and
employers' liability limits of $1,000,000 per accident.
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Any change to the certificate or policy of insurance must be
reported to the Village Clerk prior to the change(s) becoming effective.
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(4)Â
Umbrella or excess liability coverage. The contractor shall provide
evidence of umbrella or excess liability coverage of $10,000,000.
(5)Â
Proof of insurance. A residential refuse licensee shall be required
to provide insurance in accordance with its contract with the Village.
C.Â
Collection.
(1)Â
The licensee shall collect and pick up all refuse from each premises
served by said licensee. Residential collection shall be conducted
per the terms of the refuse, recycling and yard waste collection contract.
(2)Â
Commercial refuse service licensees shall offer regular collections
for commercial customers at least once per week according to a schedule
to be agreed upon by the licensee and commercial customer. Collections
shall be made from a location at the commercial customer's building
behind the front line of said building. Commercial-type containers
shall be furnished by the licensee, or may be furnished by the customer,
if approved by the licensee.
D.Â
Restrictions and condition of equipment. The licensee shall use modern
leakproof loader trucks and keep all equipment used in the performance
of its work in a clean, sanitary condition and not permit the same
to remain standing anywhere in the Village. All licensee trucks will
be clearly identified with the name of the refuse contractor; lettering
must be at least three inches in height. No such vehicle shall be
driven through or over any road or street within the Village during
or on a Sunday. All refuse vehicles shall be cleaned and disinfected
when not in use in order that such vehicles do not become offensive.
Recyclable material shall be collected in a vehicle appropriate for
this purpose. Landscape materials shall be collected in a leakproof
packer-type truck. Such trucks and equipment shall at all times be
available for inspection by the Village upon request.
E.Â
Disposal of refuse.
(1)Â
All refuse collected by a licensee shall be disposed of by the licensee
at his or her own expense outside the corporate limits of the Village.
Recyclable refuse shall be disposed of at a proper processing facility
or a materials vendor. Landscape waste shall be disposed of at a site
in conformance with state requirements. It shall be unlawful for any
licensee to dispose of or store any refuse in any place within the
Village limits.
(2)Â
All refuse collected by any licensee shall be disposed of in accordance
with all applicable statutes of the State of Illinois and the ordinances
of the Village.
F.Â
Holiday pickups. When a scheduled pick-up day falls on a holiday,
the refuse shall be picked up on the next business day occurring immediately
thereafter.
G.Â
Customer service. Each licensee shall provide a telephone number
and e-mail address for the receipt of service calls or complaints,
and shall have an employee available to receive such calls on working
days from 8:00 a.m. to 5:00 p.m. Complaints shall be given prompt
and courteous attention. In case of missed scheduled collections,
the licensee shall investigate and, if the claim is valid, shall arrange
for a pickup of the refuse in question within 24 hours after the complaint
is received. Any complaints received by the Village will be immediately
forwarded to the licensee. All licensees shall maintain a log of every
complaint received, the date received, the person making the complaint,
any action taken and the date such action is taken. Such complaint
log shall at all times be available for inspection by the Village.
A.Â
No person, except as provided in this article, acting as a private
refuse contractor shall for compensation or hire remove refuse from
any premises in the Village, or transport refuse through the streets,
alleys or public ways of the Village, or dump, incinerate or in any
manner dispose of refuse, or contract for any such removal, transportation
or disposal of refuse, without first having secured a license for
such services from the Village. Each licensee shall comply with all
applicable federal, state, county and local and other laws and regulations
which govern the collection and disposal of solid waste.
B.Â
Exemptions. A contractor, developer, builder, craftsperson, installer,
serviceperson and the like need not be licensed or have a permit by
reason of any requirements set forth in this article in order to privately
remove the debris caused by his or her normal business operations.
A.Â
Number of licenses issued.
(1)Â
The number of residential refuse contractor licenses issued by the
Village shall be limited to one in number. For purposes of this license,
residential refuse contractor services shall include all residential
units, including single-family dwellings and multifamily dwellings.
The residential refuse contractor license holder shall also be entitled
to receive a commercial refuse contractor license, and the fee for
said commercial refuse contractor license shall be waived.
(2)Â
The number of commercial refuse contractor licenses issued by the
Village shall be unlimited; provided, however, that each licensee
shall at all times comply with the standards and specifications set
forth in this article. For purposes of this license, commercial refuse
service shall include business establishments, religious and civic
organizations, construction work sites, industrial establishments
and all other nonresidential locations except those exempted by this
article.
(3)Â
Roll-off boxes. The number of roll-off box licenses issued by the
Village shall be unlimited; provided, however, that each licensee
shall at all times comply with the standards and specifications set
forth in this article.
B.Â
Fees.
(1)Â
The fee for a residential or commercial refuse contractor license shall be as set forth in Chapter 114, Fees, Article II, of the Village Code; and the license period shall be from January 1 until December 31 of each year. All fees shall be paid to the Village Clerk prior to the issuance of said license. The fee for any license issued after January 1 of any given year shall be prorated on a monthly basis for the number of months remaining in the calendar year as above established.
(3)Â
Revocation of a license by action of the President and Board of Trustees
shall not entitle the licensee to a refund of all or any part of the
license fee.
A.Â
Licenses shall be revocable at any time by action of the Village
President and Board of Trustees after notice and a hearing by the
Village President and Board of Trustees which determines that the
licensee has failed to comply with the rules and regulations established
in this article.
B.Â
Licenses may be renewed by the President and Board of Trustees if,
in their sole discretion, such renewal is in the best interest of
the residents of the Village.
All fees charged for the collection of residential refuse, recyclables,
and yard waste shall be as determined by the President and Board of
Trustees pursuant to the residential refuse collection and disposal
contract. Service fees for commercial customers shall be as agreed
upon by and between the licensed refuse contractor and the commercial
customer.
Notwithstanding any provision contained herein to the contrary,
no person or firm, whether licensed as a refuse contractor or not,
shall purchase, collect, transport or remove residential refuse from
a residence to another residence or commercial property unless authorized
and licensed by the Village or authorized by the Village to do so
pursuant to a written agreement entered into between the Village and
the refuse contractor. In the event the residential refuse collection
and disposal contract is terminated, the residential refuse license
shall be automatically revoked without notice or hearing.
A.Â
Authority of the Village Manager. In the event of a health hazard
or public nuisance, as deemed necessary, the Village Manager may direct
that garbage, refuse and debris be removed from private property within
the corporate limits of the Village.
B.Â
Service of notice. Upon such direction, the Code Enforcement Officer
shall give written notice by certified mail, return receipt requested,
or by personal delivery service to the owner of the property upon
which garbage, refuse or debris exists. If the name of the owner of
the property cannot be determined, the Code Enforcement Officer shall
give such notice to the last assessee of the general real estate taxes
on the real estate.
C.Â
Contents of notice. The notice to be given by the Code Enforcement
Officer shall designate the real estate, and the garbage, refuse or
debris thereon to be removed, and shall provide that if the garbage,
refuse or debris is not removed from the real estate within five days
after the posting of such notice, the Village will cause the garbage,
refuse or debris to be removed and collect the reasonable cost thereof
from the owner of the real estate.
D.Â
Removal by Village. Upon the failure, refusal or neglect of the owner of any real estate upon which garbage, refuse or debris exists to remove the garbage, refuse or debris within five days after the service of notice as provided in Subsection B of this section, the Code Enforcement Officer shall notify the appropriate Village employees or the Village's refuse contractor to remove, or cause to be removed, the garbage, refuse or debris from the property, and such employees or contractor shall forthwith cause the garbage and debris to be removed.
E.Â
Billing. The Code Enforcement Officer, after removal of garbage,
refuse and debris from any private property pursuant to the provisions
of this section, shall bill the cost of such removal to any person
owning, leasing, occupying or controlling such real estate. The cost
for so doing shall be calculated on the basis of administration fee
of $500 plus actual cost of garbage and debris removal.
[Amended 9-23-2020 by Ord. No. 20-045]
F.Â
Filing of notice of lien. If the owner of any real estate from which
garbage, refuse and debris has been removed pursuant to the provisions
of this section fails to pay the cost thereof within 15 days after
posting of the bill for the removal, the Village Clerk shall cause
a notice of lien to be filed in the Office of the Recorder of Deeds
of the county, which notice shall consist of a sworn statement setting
out:
(1)Â
A description of the real estate sufficient for identification thereof;
(2)Â
The amount of money representing the cost and expense incurred or
payable for the service including reasonable attorney's fees; and
[Amended 9-23-2020 by Ord. No. 20-045]
(3)Â
The date when such cost and expense was incurred by the Village.
G.Â
Foreclosure of lien. If the cost incurred by the Village for the
removal of any garbage, refuse or debris from private property pursuant
to the terms of this section is not paid by the owner of the real
estate within six months from the date of the filing of the notice
of lien therefor, the Village Clerk shall advise the Board of Trustees
of the failure to pay such cost, to enable it to designate whether
foreclosure of the lien for the cost should be commenced.
A.Â
Collection by Village-licensed commercial refuse contractor.
(1)Â
All commercial establishments shall be responsible for contracting
for collection of commercial waste, refuse, or recyclable materials
from a commercial refuse licensee that is licensed by the Village
as provided for herein. Collection of commercial waste, refuse, and
recyclable materials shall be made at least weekly.
(2)Â
Commercial waste, refuse, and recyclable materials shall be collected
between the hours of 6:00 a.m. and 5:00 p.m.
(3)Â
Landscape waste must be collected separately from refuse and recyclable
materials, within two days from the time it has accumulated to an
amount greater than 32 gallons in size. An exception to this collection
provision will be made for businesses that allow landscape materials
to decompose by not gathering trimmings.
(4)Â
Any vehicle used by a commercial refuse contractor licensed by the
Village shall be completely enclosed and watertight. Vehicles used
by recycling, landscaping and grease scavengers shall prevent leakage
and blowing material.
(5)Â
It shall be unlawful for any vehicle or vehicles of a commercial
refuse contractor licensed by the Village to park before any building,
place of business or other premises for a longer period of time than
it requires to perform collection services.
(6)Â
It shall be unlawful for any commercial refuse contractor licensed
by the Village to dispose of or store any refuse in any place within
the Village limits or to park overnight within the Village any refuse
vehicle containing refuse unless written permission is granted by
the Village.
B.Â
Ownership. All commercial waste, refuse, recyclable materials and
landscape waste shall become and be the property of the commercial
refuse contractor as soon as the same is placed in the collection
vehicle.
C.Â
Mixing landscape waste with commercial waste. It shall be unlawful
to mix landscape waste in the same container as commercial waste,
refuse, or recyclable materials for disposal.
A.Â
Frequency of removal from food establishments. Every person owning
or controlling any hotel, restaurant, cafe, lunch counter, market,
or retail food establishment shall cause all commercial waste, refuse,
and recyclable materials to be deposited in commercial waste containers
to be removed at least twice per week from the premises unless the
Village determines that additional pickups are warranted in order
to protect the health, welfare and safety of the community. In that
event, the Village shall work with the owner or management of such
establishment to determine the frequency of pickups that are needed
and the time period such additional pickups will be required. If the
Village and owner or management are unable to reach an agreement on
the frequency of collection, the determination of the Village shall
be final and will be implemented by the owner or management. All such
establishments shall provide adequate refuse, recyclable materials,
and grease container space for material to accumulate for at least
two days of operation as determined by the Code Enforcement Officer.
In the event that a dumpster or dumpster area is shared, and a violation
of this article occurs, the responsible party will be subject to citation.
If the responsible party is not readily identifiable, all parties
sharing the dumpster area will be subject to citation.[1]
B.Â
Wrapping of food waste; cleanliness of containers. Food waste shall
be placed in plastic bags when produced by any hotel, restaurant,
cafe, lunch counter, market, or any retail food establishment. The
plastic bags are to be tightly sealed and of sufficient quality and
strength to minimize rips or tears when placed in the refuse container.
Leakage of liquids of any type from a commercial waste container is
strictly prohibited. Commercial waste containers are to be kept tightly
closed. During the months of April, May, June, July, August, September
and October, each container and the interior of the enclosure must
be disinfected on an as-needed basis to eliminate odors and prevent
infestation of insects or rodents. It is the responsibility of the
business owner to clean up any commercial waste, refuse, landscape
waste, or recyclable materials of any kind, including liquid waste,
that is strewn by any means, including, but not limited to, the actions
or inactions of employees, agents or other individuals or entities,
or as a result of wind, ravages of birds or animals, or leakage. Failure
on the part of a commercial establishment to conform to these requirements
shall be considered a violation of this article.
C.Â
Cleanliness of enclosures. Special attention is to be paid by commercial
establishments to enclosures located adjacent to public walkways.
Enclosures are to be kept free of debris and spillage at all times
and odors shall be minimized so as not to be objectionable. The Village
may direct the owner or manager of a commercial establishment to relocate
refuse and/or grease containers causing objectionable odors and/or
to take such other steps necessary to resolve the issue. Enclosure
doors are to be kept closed. It is the responsibility of the owner
to keep all material, including grease, off public walkways and clean
such walkways and enclosures if any spillage occurs.
D.Â
Commercial grease collection and storage. All commercial establishments which sell or provide food are required to collect and dispose of food-generated grease separately from refuse, recyclables and wastewater. Grease is to be collected in a leakproof container kept inside or outside the establishment. Outside containers must be kept on a impervious surface (such as sealed asphalt or concrete) in an enclosed area as provided in Subsection E below and the area must be kept clean at all times. Collection of grease must be made monthly or more frequently to prevent objectionable odors and unsanitary conditions and disposed of appropriately. In the event that the Village determines that collections should be made at a particular commercial establishment more frequently in order to protect the health, welfare and safety of the community, the Village shall work with the owner or management of such establishment to determine the frequency of grease collections that are needed and the time period such additional collections will be required. If the Village and owner or management are unable to reach an agreement on the frequency of collection, the determination of the Village shall be final and will be implemented by the owner or management. Leakage of liquids of any type from a commercial grease container is strictly prohibited.
E.Â
Screening of refuse disposal areas.
(1)Â
All commercial waste disposal and grease containers shall be enclosed.
The enclosure shall be used strictly for the confinement of refuse
and grease containers and shall not be used for the outside storage
of any other materials or equipment. All enclosures shall be kept
in good repair, clean of filth and other debris, to prevent the infestation
of insects and rodents. The open side of said enclosure shall be situated
such that, to the greatest extent possible, it does not face towards
an abutting property, sidewalk or street. Residential units utilizing
curbside service are exempt from screening requirements.
(2)Â
Exemptions. Multifamily residences and commercial, industrial, office
and institutional facilities existing in the Village as of the date
of this article, which currently do not have enclosures screening
refuse containers or grease containers, shall comply with the above
screening requirements within 12 years. However, any such facility
which is rezoned, adds additional floor space or is redeveloped shall
comply with the above screening requirements at the time of rezoning
or when construction occurs.
Violations of any provision of this article shall be punished
by a fine of not less than $100 nor more than $1,000. Each day any
such violation shall constitute a separate offense.
Proceedings to enforce violations of this article may be initiated and conducted in accordance with and pursuant to the administrative adjudication provisions of Chapter 1, Article III, Penalties and Enforcement, of the Village Code or by any other means provided by law or ordinance of the Village providing for local enforcement of code violations.
