[1975 Code § 12.08]
[Ord. 193, 1-16-1984; amended by Ord. 409, 11-4-1991; 2003 Code; Ord. 15-05-03-40, 5-18-2015; 6-15-2020 by Ord. No. 20-06-02-40]
For the purposes of this Section 4-2-2, the following terms, phrases, words and their derivations, shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory.
A container or receptacle provided by the third party vendor
for residential or smaller commercial business refuse collection,
commonly referred to as "totes" or "toters."
Residue from fires used for cooking or heating buildings.
Trimmings from shrubs, trees or other woody plants not less
than two feet nor more than six feet in length and not in excess of
two inches in diameter.
Any structure, whether public or private, whether or not
in use for any purpose whatsoever.
Any and all refuse or residue resulting directly from building
construction, reconstruction, repair, demolition or replacement.
Discarded household furniture.
Tree branches in excess of two inches in diameter.
Brush and shrubbery not prepared according to Section 4-2-2-5 of this chapter.
Any other individual item of furniture, furnishings, land or
brush, shrubbery or tree trimmings including, as examples, the following:
furniture pieces, individual items which, but for their weight, would
constitute rubbish, carpeting, bed mattresses, bed box springs.
The City of Le Roy, McLean County, Illinois.
A building which is used for any commercial or industrial
purpose whatever, and shall include hotels and motels.
The street department of the City of Le Roy, Illinois.
Electronic items banned from Illinois landfills, including,
but not limited to, such items as: TVs, DVD and MP3 players, cellphones,
computers, monitors, printers, scanners, laptops, fax machines, game
consoles, etc.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
Receptacles with wheels, and designed to be capable of being
picked up by the refuse collection equipment. Said receptacles commonly
being known as "dumpsters."
Any vehicle or similar portable structure constructed so
as to permit its being used as a conveyance on a public street and
so as to permit the occupancy thereof as a dwelling by one or more
persons.
A building or portion thereof, or group of buildings, under
common ownership, constituting a complex under common ownership.
Any item of the nature of trash not specifically enumerated
in this section.
Any person or group of persons having legal or equitable
title to property, or the agent of said person, lessee or agent of
a lessee, or any person having care, custody, management or control
of property.
All putrescible and nonputrescible garbage, rubbish, ashes,
bulky waste, brush, building waste and other wastes.
Any building, except a mobile home, which is used exclusively
for permanent dwelling purposes and such accessory uses as are permitted
under Title 10 of this Code.
Any apartment, separate single-family dwelling or single
person dwelling in an apartment building, or a duplex apartment building,
or any other similar residential space set aside for the separate
and complete use of a single person, single family, or the like. Such
unit may also be referred to as a "dwelling unit" or "residential
unit." Mobile homes, single-family dwellings and house trailers will
also be considered as "residential units" or "dwelling units."
Combustibles such as paper, cardboard, cartons, wood, boxes,
excelsior, plastic, rags, cloth, bedding, leather, rubber, grass,
leaves, yard trimmings and garden wastes, or noncombustibles, such
as metal, tin cans, metal foil, dirt, stone, bricks, ceramics, crockery,
glass, bottles or combinations thereof left for pickup in containers.
All publicly dedicated streets in the City of Le Roy. Where refuse collection authorized by Subsections 4-2-2-3A and B of this chapter may not be conveniently conducted from publicly dedicated streets, "street" shall also include streets in a mobile home park or apartment building complex which possess the following characteristics: a) pavement of not less than 10 feet in width; b) freedom from all obstruction not less than two feet on each side of the pavement; c) absence of overhanging tree limbs which could interfere with any City refuse collection vehicle; d) configuration which allows City refuse collection vehicles convenient ingress and egress; e) surface maintained in a condition so as not to impede or hamper City refuse collection vehicles. The determination of whether a "street" meets the aforesaid standards shall be made by the City street superintendent.
[Ord. 193, 1-16-1984; amended 6-15-2020 by Ord. No. 20-06-02-40]
The City shall provide refuse collection service by way of third-party
contractor for all residential buildings, commercial buildings and
mobile home parks on the conditions and under the provisions as hereinafter
set forth.
A.
Mobile Homes: As to any mobile home not located in a mobile home
park, those mobile homes present within the limits of the City and
in conformance with this Code regarding legal nonconformance with
the City zoning ordinances and mobile home park ordinances shall be
provided refuse collection service the same as any other residential
building. Refuse collection service may not be provided to any other
mobile homes unless located within a mobile home park.
B.
Mobile Home Parks: Refuse collection service shall be provided to
the occupants of mobile home parks by agreement between the City and
owner of the mobile home park, which agreement shall provide for the
placement and location of one or more common refuse collection receptacles
at convenient points within or about the mobile home park, such convenience
being not only for the occupants of the mobile home park but also
for the ingress and egress of refuse collection vehicles. The owner
of the mobile home part shall hold the City harmless from any liability
for damages to private streets, roadways, or parking lots which might
arise due to the size and weight of refuse collection vehicles.
C.
Commercial Buildings: Commercial buildings deemed to require no more
than five approved refuse containers, shall be treated in the same
manner as residential buildings for refuse collection purposes, including
fees and pick up schedules. All other commercial buildings shall be
provided refuse collection service at convenient points within or
about the commercial building, such convenience being not only for
the building itself but also for the ingress and egress of refuse
collection vehicles. The owners of the commercial building shall hold
the City harmless from any liability for damages to private streets,
roadways, or parking lots which might arise due to the size and weight
of refuse collection vehicles.
D.
Multifamily Dwelling Buildings: Multifamily dwelling buildings and
apartment complexes shall be provided refuse collection service in
the same manner as residential buildings but, by agreement between
the landlord and the City, may be provided special billing rates as
set forth herein.
[Ord. 193, 1-16-1984; amended by 2003 Code; Ord. 15-05-03-40, 5-18-2015; 6-15-2020 by Ord. No. 20-06-02-40]
A.
Collection From Residential Buildings And Commercial Buildings Qualifying
As Residential Buildings:
1.
Street Frontage Collection: Except as hereinafter provided, all refuse
collection shall be made from the street in front of residential buildings
and commercial buildings qualifying for treatment as residential buildings.
2.
Alley Collection: No refuse shall be collected from alleys other
than alleys that conform to the following standards: a) alley shall
have a public right of way not less than 16.5 feet in width; b) alleys
shall contain a gravel base not less than 10 feet wide the entire
length of the alley; c) on each side of the graveled portion of the
alley, there shall be a strip not less than two feet in width which
is free of any and all obstructions, including, without limitation:
1) plants and shrubs; 2) trees; 3) garages, including overhangs; and
4) utility poles.
3.
Collection Schedule And Limitations:
a.
Refuse shall be collected once a week according to a collection schedule
established by the contractor, which schedule shall provide for routine
pick up as well as holiday schedules.
b.
Bulk refuse shall be collected through the City's bulk item drop
off/curbside pick up program. Bulk refuse shall not be placed along
the streets or alleys unless the customer has notified the City and
scheduled curbside pick up.
B.
Collection From Nonresidential Customers:
1.
School Districts And Other Governmental Entities: All school districts
located within the City or having school sites within the City requiring
refuse collection as well as any other governmental entities having
property locations within the City municipal boundaries and requiring
refuse collection services shall be provided refuse collection services
by the City under such special arrangements as may be made by contract
between the City and the school district or other governmental entity,
said contract to be approved by the Mayor and City Council.
2.
Commercial Buildings And Other Nonresidential Customers: Business,
commercial and other nonresidential buildings, institutions and refuse
collection customers are hereby divided into fair and reasonable types
for the purpose of collection of refuse. Collections will not be made
from inside structures or containers enclosed on all sides. Each business
or commercial establishment and all other nonresidential institutions
and refuse collection customers shall provide suitable concrete or
paved platform areas upon which the containers shall be kept and provide
reasonable access routes for the equipment at all times and in all
weather conditions. City shall not be liable for damages to private
streets, roadways or private parking areas which might arise due to
the size and weight of refuse collection vehicles.
[Ord. 193, 1-16-1984; amended by Ord. 417, 12-16-1991, eff. 1-1-1992; Ord. 491, 3-15-1993; Ord. 497, 6-7-1993; 2003 Code; Ord. 06-10-02-40, 10-16-2006; Ord. 13-01-01-40, 1-7-2013; Ord. 17-03-01-40, 3-6-2017, eff. 3-6-2017; 6-15-2020 by Ord. No. 20-06-02-40]
A.
Rates Established: Refuse rates for a calendar month for each classification
of refuse collection customers shall be as follows:
[Amended 12-19-2022 by Ord. No. 22-12-04-40]
1.
Multifamily Dwellings: Multifamily dwellings, being a residential
building, complex of residential building, or a mobile home park,
containing two or more separate dwelling units, shall be billed per
unit even if one or more dumpsters are used for the convenience of
the landlord, tenants, or both.
2.
Schedule of Rates:
|
Rate Description
|
Per Week
|
Rate
January 2023 to November 2023
|
|---|---|---|
|
Single residence
|
Once
|
$17
|
|
Commercial can/bags
|
Once
|
$17
|
|
Two yard (1)
|
Once
|
$70.02
|
|
Two yard (1)
|
Twice
|
$106.50
|
|
Two yard (1)
|
Three
|
$143.25
|
|
Two yard (2)
|
Once
|
$138.45
|
|
Two yard (3)
|
Twice
|
$319.50
|
|
Two yard (3)
|
Three
|
$429.75
|
|
Two yard (4)
|
Once
|
$270
|
|
Four yard (1)
|
Once
|
$103.50
|
|
Four yard (1)
|
Twice
|
$187.50
|
|
Four yard (1)
|
Three
|
$262.50
|
|
Six yard (2)
|
Once
|
$249.96
|
|
Six yard (2)
|
Twice
|
$477
|
|
Six yard (1)
|
Twice
|
$213
|
|
Six yard (1)
|
Three
|
$351
|
|
Eight yard (1)
|
Once
|
$173.25
|
|
Eight yard (3)
|
Three
|
$445.50
|
3.
Service Fee. All refuse collection customers will be required to
pay a service fee of $7 per month beginning with the first bill payable
in January 2023.
4.
Adjustment of Rates. Effective November 1, 2023, refuse rates will
be evaluated and adjusted annually to reflect any changes within the
refuse collection provider's contract. Any adjustment will be
made effective with the first billing cycle after November 1, 2023.
B.
Bills For Service: Refuse collection fees shall be included with
the City water and sewer use bill to each water user monthly at the
same time as the City water and sewer use bills are sent out. A penalty
of 10% will be added to statements if not paid by the due date. Nonpayment
of the bill may result in termination of refuse collection services.
C.
Delinquent Payments; Lien Provisions:
1.
Determination Of Delinquency: The City may refuse to continue refuse
collection service to any customer when the payment for the bill for
such service is two months delinquent. As provided under the laws
of the State, the City may remove garbage or debris from the premises
of any owner, occupant, or refuse collection customer within the City,
even when the aforesaid is delinquent, and City may collect from such
owner of the real estate from which the garbage and debris was removed
the reasonable cost thereof.
2.
Costs A Lien: In the event charges for refuse collection and disposal service become delinquent and are not paid in accordance with the provisions of this Section 4-2-2, delinquent charge for refuse collection and disposal services to any premises served by the City refuse collection and disposal service (whether the same is operated by the City or by an independent contractor) shall constitute a lien upon the premises to which such refuse collection and disposal services were supplied.
3.
Notice Of Lien: This cost shall be a lien upon the real estate affected
if, within 60 days after such expense is incurred, the City shall
cause notice of lien to be filed in the Office of the County Recorder
of Deeds. In order to establish a lien upon the premises, as aforesaid,
the City Clerk shall send to the owners of record, as referenced by
the taxpayer's identification number, of the real estate served by
the City refuse collection system: a) a copy of each delinquency notice
sent to the persons delinquent in paying the charges or rates, or
other notice sufficient to inform the owners of record, as referenced
by the taxpayer's identification number, that the charges or rates
have become delinquent; and b) a notice that unpaid charges or rates
may create a lien on the real estate served by the City refuse collection
system.
4.
Statement Of Lien Claim: After sending the required notices, as aforesaid,
the City Clerk is hereby authorized and directed to cause sworn statements
showing such delinquencies to be filed in the Office of the County
Recorder of Deeds establishing, as a matter of record as to such real
estate, the delinquency of the payment for refuse collection and disposal
services. Said statement may also be signed and filed by the City
Clerk or by the City Attorney at the direction of the City Clerk.
Such statement shall contain the legal description of the premises
served, the amount of the unpaid bill, and a notice that the City
claims a lien for this amount, as well as for all charges for refuse
collection and disposal service subsequent to the period covered by
the bill. The filing of such statement shall be deemed notice for
the payment of such charges and for refuse collection and disposal
service and penalties for late payment.
5.
Release Of Lien: Upon payment of the costs and expenses by the owner
or person interested in such property, and upon payment of the recording
fee paid to the recorder of deeds to record the notice of lien, the
lien shall be released by the City, in writing, which release shall
be forwarded to the owner or occupant against whose name the lien
was filed, and who shall be responsible for bearing the recording
fee to record the release of the lien.
[Ord. 193, 1-16-1984; amended by 2003 Code; Ord. 15-05-03-40, 5-18-2015; 6-15-2020 by Ord. No. 20-06-02-40]
A.
Refuse Containers:
1.
Containers Required; Condition Generally: All garbage, rubbish, and other refuse, except bulk refuse and brush, shall be placed in approved refuse containers which containers shall be tightly covered at all times. All refuse receptacles shall be kept in a safe, clean and sanitary condition and in compliance with this Subsection and Subsection B of this section.
2.
Specifications: All garbage and rubbish shall be placed in approved
refuse containers. All other containers are prohibited and will not
be picked up as part of the regularly scheduled route by the third-party
contractor.
3.
Maintenance Required: It is the obligation of the owner and occupant
of any dwelling unit, commercial building, or other refuse collection
customer to provide approved refuse containers and maintain the same
in good repair and sanitary condition. Whenever any receptacle shall
become defective, it is the responsibility of the owner and occupant
or other refuse collection customer to notify City Hall or the third-party
contractor for repair or replacement of said approved refuse containers.
4.
Storage And Screening: All refuse containers for a commercial owner
or occupant shall be stored on the premises of the owner or other
persons utilizing the City refuse collection service and shall be
screened so as to prevent their being viewed from the street.
B.
Preparation Of Garbage And Refuse:
1.
All refuse is to be prepared in accordance with the requirements
of the current third-party contractor.
2.
Electronic Waste: Electronic waste shall not be placed for pick up
in any refuse container or along streets or alleys for regular or
bulk refuse collection, and must be disposed of at an appropriate
disposal site or event approved for electronic waste disposal.
C.
Placement Of Refuse For Collection: Not earlier than 2:00 p.m. on
the day prior to the scheduled collection day, nor later than 5:00
a.m. on the day of collection, all refuse to be collected shall be
placed so as not to present a hazard to pedestrians or vehicular traffic
along the streets or alleys from which collection shall be made. Placement
of refuse on the owner's property shall constitute authorization for
refuse collectors to enter on said property for the purpose of collecting
refuse deposited thereon. Owners shall return all receptacles to the
place of storage upon the premises within 12 hours after having been
emptied.
D.
Restrictions On Building Waste: No building waste shall be collected
which is created by any person, firm or corporation doing work as
a contractor for any other person. Building waste in excess of the
amounts set forth in this subsection, or created by any person, firm
or corporation doing work as a contractor for any other person, will
only be collected after special arrangements shall have been made
with the refuse collector for pick up of such refuse. The refuse collector
shall have final authority to determine whether or not the capability
of the City refuse collection system will permit such refuse collection.
Special arrangements shall also be made with the refuse collector
for pick up of bulk refuse for times other than those regularly scheduled
and for building waste. Charges for all special arrangements and special
pick-ups shall be made by the refuse collector.
[Added 6-15-2020 by Ord.
No. 20-06-02-40]
A.
The City shall provide, as included in the $5 service fee charged
to refuse collection customers, a dumpster for bulk materials. The
dumpster shall be available for disposal from 7:00 a.m. to 4:00 p.m.
Monday through Friday, and by appointment on weekends and holidays.
A refuse collection customer wishing to make such a special appointment
shall contact the LeRoy Police Department on the non-emergency number
or the Mayor to have the dumpster unlocked.
B.
The following materials are not accepted by the City for disposal
in the dumpster: tires, batteries, chemicals, appliances, electronics,
machinery, commercial construction or demolition materials, recyclable
materials, or putrescible items.
C.
The City shall provide and hang signage on or around the location
of the dumpster identifying the acceptable hours and materials for
disposal. The City shall also hang signage providing warning for failure
to abide by this section.
[Ord. 15-05-03-40, 5-18-2015; amended 6-15-2020 by Ord. No. 20-06-02-40]
A.
Damage To Refuse Containers: A person commits the offense of damage
to refuse containers if he: 1) damages, defaces or renders fit for
condemnation any refuse container other than his own; 2) allows any
animal he owns to render fit for condemnation, tear or rip any collectible
refuse container not his own.
B.
Abuse To Refuse Receptacles: Refuse collectors shall not damage,
deface or physically abuse any refuse receptacle.
C.
Accumulation Of Refuse: A person commits the offense of accumulation of refuse if he permits to remain longer than one week on the exterior of his property, including along any streets or alleys, any item which: 1) constitutes "refuse," "bulk refuse," "electronic waste," or "building waste" as defined in this Section 4-2-2; 2) is nonfunctional; or 3) has no apparent value. A separate offense shall be deemed to be committed each day the violation continues.
D.
Accumulation Or Burning Of Leaves, Brush, Tree Limbs Or Other Refuse:
No person shall rake or store leaves on any street pavement, including
any gutter, nor shall any person burn or cause to be burned leaves,
brush, tree limbs or any other refuse upon the paved portion of any
City street or public parking area, City parking area or alley.
E.
Improper Disposal Of Electronic Waste: A person commits the offense
of improper disposal of electronic waste if he places electronic waste
along streets or alleys for regular refuse collection. Electronic
waste must be disposed of through an approved electronic waste disposal
site or event.
F.
Improper Disposal In City Shed Dumpster: A person commits the offense of improper disposal at the City Shed dumpster if s/he places prohibited materials inside the dumpster (see § 4-2-2-5.5B) or places acceptable materials anywhere on City of LeRoy property other than inside the dumpster.
[Ord. 15-05-03-40, 5-18-2015]
A.
Upon discovery of a violation outlined in Section 4-2-2-6 of this chapter, the City, by any duly authorized agent, shall serve or cause to be served a notice of violation upon the owner or occupant of any premises on which there is a violation and shall demand that the violation be remedied, including removal of any refuse collected, disposed of, or stored in violation of this section, within 72 hours of the notice.
B.
In the event any violation is not completely abated within 72 hours,
the City may proceed to abate the violation, including removal of
the refuse. The owner or occupant shall be responsible for all costs
of such abatement including all legal and administrative fees. The
minimum charge for such abatement shall be $200. Neither the City
or any of its agents shall be liable for any damage to property that
results in the enforcement of this section.
C.
In addition to the above remedies, any person found to have committed
a violation shall be fined not less than $50 nor more than $750. Each
day a violation continues shall be considered a separate violation.
D.
The remedies and penalties provided for in this section are in addition
to and are not exclusive of any other remedies or penalties available
under law or equity.
[Ord. 17-03-01-40, 3-6-2017, eff. 3-6-2017; amended 4-6-2020 by Ord. No. 20-04-01-40]
A.
Landfill Fee: All utility customers of the City of Le Roy shall pay
a $3 landfill fee per month beginning with the first bill payable
in May, 2017, and continuing until May 24, 2021.
