(A) Definitions. For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APARTMENT HOUSE. Any building which is occupied as the residence of two or more families living in separate living quarters.
BUILDING. Any structure whether public or private and whether in use or not in use for any purpose whatsoever.
GARBAGE. All waste from preparation, cooking and use of foods, tin cans, glass, bottles, ashes, metal ware, rags, excelsior, brush and lawn cuttings shall be removed; provided, that the same are placed in closed containers. No scrap material from construction, remodeling and repair of buildings, nor concrete, bricks, tile, earth, earthy materials and tree cuttings will be removed. There need be no segregation of residential trash and refuse, but all food waste shall be wrapped in paper and no liquid shall be placed in the garbage containers. Containers shall be properly folded when placed outside for collection.
GARBAGE CONTAINER.
(a) When applied to property or parts thereof which are zoned for residential purposes, with the exception of multiple family dwellings, a refuse sack 30 gallons in capacity, 18-inch face by 10-inch gusset by 35 inches in length, constructed of waterproof material, adhesive and commonly known as PSOS refuse sack. Notwithstanding the foregoing, the Village Board of Trustees may approve other containers for refuse.
(b) This sack shall be mounted on a zinc plated metal holder as prescribed by the village, and such holder shall remain the property of the village.
(c) All sacks shall be properly folded at the designated line as shown on the bag when bag is full and ready for collection in order to prevent the entrance of insects and rodents. No open bags shall be placed for collection or kept at the home unless properly mounted on the prescribed holder.
(d) When applied to property or parts thereof which are zoned or used for other than residential purposes the definition of the term GARBAGE CONTAINER as stated in subdivisions (a), (b) and (c) of this section shall not apply; provided, that if a garbage container is commercially designed and sold as a garbage container, such container may exceed 55 gallons in capacity.
HEALTH OFFICER. The duly appointed Health Officer of the village or his or her duly authorized representative.
OWNER. Any person or group of persons who shall have legal or equitable title to property or the agent of such person, lessee or the agent of a lessee, or any person having care, management or control of property.
PERSON. Any individual, firm, corporation, association or partnership.
(B) Elimination of harborages. All premises, improved or unimproved, and all open lots, areas, streets, sidewalks and alleys shall be kept clean and free of all rubbish or material that might serve as harborage for rats.
(C) Elimination of accessible food, garbage and the like.
(1) All food products for human or domestic animal consumption, whether kept for sale or for any purpose, shall be protected so as to prevent rats from gaining access thereto or coming into contact therewith.
(2) All garbage, decayed or spoiled vegetables, meats, cereals, fruits or other similar material unfit for human or domestic animal consumption, but edible to rats, shall be stored in garbage containers.
(3) Garbage containers shall be tightly closed at all times, except when momentarily opened to receive or remove the contents thereof.
(D) Collection service to single-family zoned areas. Service in areas zoned single-family shall be once a week pickup unlimited garbage removal and unlimited trash removal with the exception of prohibitions set forth in division (E) of this section.
(E) Prohibitions.
(1) All containers, except as defined in division (A) of this section, are hereby prohibited for the storage of garbage.
(2) If cardboard boxes are placed outside of the refuse sack at the curb, they must be flattened and securely tied.
(3) If newspapers are placed outside of the refuse sack at the curb, they shall be bundled and securely tied.
(4) Refrigerators or any other type of cabinet equipped with locking doors shall have the doors removed before being put out for pickups.
(5) It shall be unlawful to dump on land or waterway within the village any garbage, rubbish, dead animals, butcher offal, seafood, fruits or vegetables or other food products and waste materials that may furnish food or shelter for rats.
(F) Notice of violation. Whenever premises are found to be rat-infested or to be maintained in violation of this section, a notice in writing signed by the Health Officer shall be served upon the owner. Such notice shall state wherein such premises violates this section and the requirements for correction, and shall be served on the owner personally or by registered mail.
(G) Rat-stoppage by owner; lien.
(1) Upon receipt of notice in writing from the Health Inspector or Building Commissioner, the homeowner, agent or occupant in charge of any building, structure or premises specified in such notice shall take immediate measures for the rat-stoppage of such building or structure and for freeing the premises of all rats, and unless the work is completed in the time specified in the notice, to be no greater than ten days, or any written extension thereof that may be granted by the Health Inspector or Building Commissioner, then the owner, agent or occupant in charge of the building, structure or premises shall be deemed guilty of a violation of this chapter.
(2) Whenever the owner, agent or occupant in charge of any building, structure or premises, after being served with notice as provided in this section has failed within the time fixed in the notice, to perform all work necessary to prevent the ingress of rats into the building or structure or to exterminate rats from the premises described in the notice, the Health Inspector or Building Commissioner or person duly authorized by them may go on the premises and do such work as is necessary to free the premises from rats and to maintain the premises in a rat-stopped condition. The cost and expense incurred for all work and materials shall be charged to and collected from the owner and persons interested in the premises and the city or persons performing such work or furnishing such materials therefor shall have a lien on the premises and may enforce the same as provided by statute.
(`95 Code, § 50.20) (Ord. 72-2, passed - - ; Am. Ord. 79-4, passed 4-11-79; Am. Ord. 17-12, passed 5-17-17) Penalty, see § 50.99