(a) Except as otherwise provided in this section, the City shall be the exclusive provider of refuse collection services to the dwelling units identified in subsection (a)(1)(i) through (a)(1)(iv) of this section, and to the properties identified in subsection (a)(2) of this section, if such dwelling units or properties directly abut the public way and the refuse container is placed for collection in accordance with Section 7-28-230:
(1) for dwelling units:
(i) a single dwelling;
(ii) a multiple dwelling containing four or fewer dwelling units;
(iii) a townhouse when the refuse container is placed for collection in compliance with Section 7-28-230; or
(iv) a multiple dwelling that is licensed as a bed-and-breakfast establishment pursuant to Section 4-6-290 and contains four or fewer dwelling units unless the Commissioner of Streets and Sanitation determines that the establishment is producing an unreasonable amount of refuse for a building of its size, notifies the owner or owner's agent of such fact in writing, and provides the owner or owner's agent with an opportunity to correct the problem in a manner prescribed by the Commissioner; and
(2) for all property owned by a not-for-profit organization if such property was receiving City refuse collection services as of January 1, 2016. Provided, however, that such not-for-profit organization shall be required to have its refuse collected by a private scavenger holding a valid license under Section 4-6-130 if: (A) such not-for-profit organization has net assets or fund balances of one million dollars ($1,000,000.00) or more at the end of the immediately preceding tax year or calendar year; or (B) the property owned by such not-for-profit organization either: (i) contains eleven or more garbage carts for refuse collection, or (ii) is determined by the Commissioner of Streets and Sanitation ("Commissioner") to require eleven or more garbage carts in order to prevent refuse from: (a) overflowing the carts provided, or (b) exceeding the capacity of the carts provided in a manner that prevents the lids of the carts provided from being securely fastened shut, or (c) creating other unsanitary conditions on the property; or (C) such not-for-profit organization fails to file with the Department of Finance a timely and completed application for an exemption from water charges within the meaning of Section 11-12-540(d). Provided further, that:
(i) The Commissioner shall provide the owner of any property that is ineligible for City refuse collection services under subsection (a)(2)(A), (a)(2)(B) or (a)(2)(C) of this section with written notification of such fact, which notification shall provide the owner with an opportunity to be heard by the Commissioner or the Commissioner’s designee on the limited question of whether the eligibility criteria for City refuse collection services have been met. Following such written notification, the Commissioner shall cease providing City refuse collection services to such property as of the date certain identified in the written notification.
(ii) After written notification to the Commissioner, an owner of any property that is eligible to receive City refuse collection services under this subsection (a)(2) may choose to provide for refuse collection by a private scavenger holding a valid license under Section 4-6-130.
(b) Except as otherwise provided in subsection (c) of this section, the owner of any dwelling unit or property required to have City refuse collection pursuant to this section shall be responsible for payment of a refuse collection fee of $9.50 per month per dwelling unit or per property for those properties subject to subsection (a)(2). The billing of the refuse collection fee and penalties authorized by this section shall be added to and separately recited upon a unified statement of charges, as that term is defined in Section 11-12-010. The unified statement of charges shall be prepared and sent to the billed party in such time periods as established by the Comptroller and shall be subject to Section 11-12-480.
(c) The refuse collection fee for a person 65 years or older who (i) owns and resides in his own dwelling unit, and (ii) receives a Senior Citizen Assessment Freeze Homestead Exemption for that dwelling unit pursuant to 35 ILCS 200/15-172, shall be 50% of the refuse collection fee set forth in subsection (b). The Comptroller is authorized to promulgate rules for the administration of this subsection, including any requirements for an application in a form and format prescribed by the Comptroller.
(d) A late payment penalty assessed at a monthly rate of one and one-quarter percent shall be imposed on all refuse collection fee for which payment in full is not received within 24 calendar days from the date the unified statement of charges was sent as shown by the records of the Department of Finance. Where the correctness of a charge imposed under this section is disputed and where complaint of such incorrectness has been made prior to the time the usual penalty would be imposed, and where the adjusting of such complaint requires additional time, the penalty may be held in abeyance up to and including the tenth day succeeding the resending of such bill.
(e) (1) Unless otherwise provided by law or rule, a full payment certificate for refuse collection charges is required in all transfers of real property whether such transfers are subject to or exempt from the real property transfer tax pursuant to Chapter 3-33 of this Code. In order to obtain a full payment certificate for refuse collection charges, an application with an application fee of $50.00 shall be made to the Comptroller. Provided, however, if the property is exempt from the real property transfer tax, the full payment certificate application fee shall not be charged. If a full payment certificate was required and such certificate was not obtained when the real property was transferred, both the transferor and the transferee will be jointly and severally liable for any outstanding refuse collection charges and penalties that have accrued.
(2) Before control of a property subject to the Illinois Condominium Property Act is transferred from the developer to the board of managers, a certificate of payment for full payment of refuse collection charges shall be obtained from the Comptroller upon application and payment of an application fee of $50.00. Such certificate of payment shall be obtained within 30 days prior to the election of the first unit owner board of managers. The terms used in this section shall have the same meanings as those in the Illinois Condominium Property Act. Subsequent transfers of a unit within a condominium building subject to this section require a certificate of payment.
Where a townhome or condominium association's assessments include the individual owner's share of the refuse collection charge, the Comptroller may issue a certificate of condo or townhome owner payment upon application and payment of an application fee of $50.00.
(Added Coun. J. 10-28-15, p. 12062, Art. IX, § 2; Amend Coun. J. 11-9-16, p. 36266, § 6; Amend Coun. J. 11-21-17, p. 61755, Art. II, § 2; Amend Coun. J. 11-26-19, p. 11514, Art. X, § 2; Amend Coun. J. 7-20-22, p. 50569, § 3)