(A) General. Those persons owning or occupying single-family residential units, condominium units and multi-family units are required to provide garbage and refuse collection only from an entity which is franchised to provide such services by the village. Collection must take place at least once in every seven-day period; provided, however, that, any multi-family unit, which received its garbage and refuse collection under a written contract, which was in force on 12-1-2007, with a provider which did not possess a village franchise, may continue to receive that service for the term of the contract only and not including later negotiated extensions. In addition, the owner or occupants of multi-family apartments shall only be required to utilize an entity that possesses a village franchise if that entity agrees to provide services at a cost equal to or less than alternative, equivalent proposals submitted by other service providers.
(B) Recycling. Single-family residential units, condominium units and multi-family units are required to provide recycling services only from an entity which is franchised to provide such services by the village. With regards to multi-family units, the exceptions provided for in division (A) herein shall also apply to recycling services.
(C) Title to containers. All recycling bins shall remain the property of the village and shall not be removed from the property on which the dwelling unit is located. Any damage to or loss of a recycling bin shall be reported to the village’s Public Works Department by the primary user of the recycling bin or by the person responsible for the damage or loss within 24 hours of the damage or loss. The cost to repair or replace a recycling bin damaged or lost shall be borne by the person responsible for such damage or loss.
(D) Pick up without contract prohibited. It shall be unlawful for any person, firm or corporation to collect, obtain, possess or pick up any recyclable item placed in or adjacent to village recycling bins placed for collection in front of a residence as part of the village’s curbside recycling program or from any container on village property, unless such person, firm or corporation has a contract with the village for the collection of recyclable materials.
(E) Duty to pay for refuse collection. Any person occupying a place of abode for residential purposes shall be required to dispose of solid waste generated through the approved municipal solid waste franchise system and shall pay the rates and charges agreed to by the village in a franchise agreement.
(F) Responsibility for collection. Any place of abode or any premises occupied for residential purposes shall be prima facie evidence that waste is being produced and accumulated on such premises, and it shall be the duty of the designated representatives of the village, in the absence of satisfactory proof to the County Health Officer or village representatives that other adequate means of waste disposal or removal have been provided, to inspect the premises and remove therefrom any and all waste found thereon, for which removal as established by the required fees shall be paid by the occupant(s), owner(s) or person(s) in possession of said premises, with said occupant(s), owner(s) and person(s) in possession being jointly and severably liable for the payment of the required fees.
(Ord. 91-03-23, passed 3-26-1991; Ord. 2005-09-52, passed 9-19-2005; Ord. 2007-12-51, passed 12-17-2007)