[HISTORY: Adopted by the Board of Trustees of the Village
of Westville as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 16 of the 2015 Code]
(See 65 ILCS Sec. 5/11-19 et seq.)
As used in this article, the following terms shall have the
meanings indicated:
Wastes resulting from the handling, preparation, cooking
and consumption of food; wastes from the handling, storage, and sale
of produce.
Combustible trash, including, but not limited to, paper,
cartons, boxes, barrels, wood, excelsior, wood furniture, bedding;
noncombustible trash, including, but not limited to, metals, tin cans,
metal furniture, dirt, small quantities of rock and pieces of concrete,
glass, crockery, other mineral waste; street rubbish, including, but
not limited to, street sweepings, dirt, catch-basin dirt, and contents
of litter receptacles; provided, however, that refuse shall not include
earth and wastes from building operations, nor shall it include solid
wastes resulting from industrial processes and manufacturing operations
such as food processing wastes, boiler house cinders, lumber, scraps
and shavings.
Material such as tree branches, yard trimmings, leaves and
grass.
[Amended 8-21-2019 by Ord. No. 19-1479]
No person shall engage in business as a residential or commercial
collector of garbage and rubbish unless having first made application
and secured a license from the Village. The fee for the license shall
be set from time to time by the Board of Trustees by resolution.
The license shall be for the fiscal year of the Village, commencing
on May 1 and expiring on April 30.
[Amended 4-19-2023 by Ord. No. 23-1511]
Upon application for a license, the person applying for the
same shall furnish the Village Clerk, along with the application,
proof of insurance in the amount of $300,000/$100,000 liability and
property damage; and at that time, the applicant shall file with the
Clerk a rate schedule for services to be performed for a residential
application. The rate schedule shall set forth the type of service
to be offered and the price for same, including the size and number
of cans per pickup for the charge, the charge for any extra cans,
the charge for the bags, the size of the bags, and the charge for
bundles and size of the bundles; also, the rate schedule shall include
an unlimited service charge. The schedule shall set forth whether
this is once-a-week or twice-a-week pickup. The rate schedule shall
also set forth the day or days of each week that the collector shall
schedule his pickup within the Village. The rate schedule as filed
shall be valid for one year except that the licensee shall be permitted
to increase the price on the schedule during the year if the licensee
provides written notice to the Village and the customer 60 days prior
to the effective date of increase.
The firm for the handling of collection of trash shall be of
good character and give evidence that the equipment used by him is
adequate for the purposes intended. The successful firm shall have
a truck or trucks which shall be so designed that garbage and rubbish
which is collected will be covered at all times or placed in containers
that will be covered at all times, except in the loading of garbage
or rubbish, so that offensive odors are not permitted to permeate
the air and cause a nuisance within the Village. The trucks and all
containers in which garbage is collected and transported shall be
cleaned daily, and the collector shall not collect garbage on any
day without having a clean truck and hand containers, if containers
are used.
No truck carrying garbage or rubbish, or both, shall be parked or be permitted to stand anywhere in the Village, except as provided for in § 286-11, any longer than is necessary to pick up containers; provided that the standing of such vehicle made necessary by mechanical trouble, traffic conditions, accident or obedience to the direction of policemen or traffic signals shall not be considered a violation of this article.
A garbage truck or other equipment shall not be washed on Village
streets or public property and will not be washed where the wastewaters
will cause any offensive odors to adjoining property owners.
It shall be unlawful to place garbage or rubbish in such a manner
as to allow the same to be blown by the wind onto the property of
other residents.
It shall be unlawful to deposit or permit to fall from any vehicle
any garbage, refuse or ashes on any public street or alley in the
Village, provided that this article shall not be construed to prohibit
placing garbage, refuse, or ashes in a container complying with the
provisions of this article, preparatory to having such material collected
and disposed of in the manner provided herein.
The fact that garbage or rubbish remains on an occupant's premises
in the Village in violation of this article shall be prima facie evidence
that the occupant of such premises is responsible for the violations
of this article occurring.
A.
A licensee shall designate the location of the yards on which his
equipment will be parked while not in use; and the equipment shall
not be parked within the Village limits unless the designated location
shall not create, in the opinion of the Village Board, any nuisance
for adjoining property owners.
B.
The licensee shall have as additional equipment a truck for the disposal
of large or unusual items of rubbish which cannot be placed in the
designated containers and shall have available for such pickups such
equipment at least one day each week or on such additional days as
may be necessary to satisfy the needs of the public.
Nothing in this article shall be deemed to prevent or regulate
the hauling of rubbish or refuse from industrial processes, from construction
projects or other matter not normally collected on a regular schedule;
and haulers of rubbish not normally collected in regular collections
shall be excused from the requirements of obtaining a collector's
license as provided in this article.
If the licensee fails to perform any services according to his
application and rate schedule, the Mayor may revoke his permit.
[Adopted 3-29-2012 by Ord. No. 12-1424 (Ch. 25, Art. III, of the 2015
Code)]
(See 65 ILCS 5/11-20-13 and 720 ILCS 5/47-10.)
No person shall permit any garbage or trash to accumulate on
their premises or private property. It is hereby declared to be a
nuisance and it shall be unlawful for the owner or occupant of real
estate to refuse or neglect to remove the garbage or debris.
The Chief of Police or a designated representative may issue
a written notice for removal of garbage or debris. Such garbage or
debris shall be removed by the owner or occupant within five days
after such notice has been duly served.
Service of notice provided for herein may be effected by handing
the same to the owner, occupant, or lessee of the premises, or to
any member of his household of the age of 15 years or older found
on the premises or by mailing such notice to the last known residence
address of the owner; provided that if the premises are unoccupied
and the owner's address cannot be obtained, then the notice may be
served by posting the same upon the premises.
If the person so served does not abate the nuisance within five
days, the Police Chief or a designated representative may proceed
to abate such nuisance, keeping an account of the expense of the abatement;
and such expense shall be charged and paid by such owner or occupant.
Charges for such removal shall be a lien upon the premises.
A bill representing the cost and expense incurred or payable for the
service shall be presented to the owner. If this bill is not paid
within 30 days of submission of the bill, a notice of lien of the
cost and expenses thereof incurred by the Village shall be recorded
in the following manner and shall be filed within 60 days after the
cost and expense is incurred:
Notice of such lien claim shall be mailed to the owner of the
premises if his address is known. Upon payment of the cost and expense
after notice of lien has been filed, the lien shall be released by
the Village or person in whose name the lien has been filed and the
release shall be filed of record in the same manner as filing notice
of the lien.
Property subject to a lien for unpaid charges shall be sold
nonpayment of the same, and the proceeds of such sale shall be applied
to pay the charges after deducting costs, as is the case in the foreclosure
of statutory liens. Such foreclosure shall be in the name of the Village,
after the lien is in effect for 60 days. Suit to foreclose this lien
shall be commenced within two years after the date of filing a notice
of lien.
