(A) General provisions.
(1) Purpose. The purpose of these regulations is to promote the health, safety, and/or welfare of the public by providing minimum blight-related performance standards for the operation of unattended donation/collection boxes (UDCBs). This includes establishing criteria to ensure that material is not allowed to accumulate outside of the UDCBs, the UDCBs remain free of blight, UDCBs are maintained in sanitary conditions, and residents and/or users are fully informed of those who operate the UDCBs so that they can be contacted if there are any blight-related questions or concerns.
(2) Conflicting provisions. Where a conflict exists between the regulations or requirements in this chapter and applicable regulations or requirements contained in other chapters of the Village of Frankfort Code of Ordinances, the applicable regulations or requirements of this chapter shall prevail.
(3) Violation. Failure to comply with any of the provisions of this chapter is declared to be prima facie evidence of an existing violation, a continuing blight and a declared public nuisance and shall be abated by the Building Official in accordance with the provisions of this chapter. Any person in violation will be subject to administrative penalties, citations, civil action and/or other legal remedies.
(4) Responsibility. The parcel owner and the UDCB Operator ("Operator") have joint and several liability for blight-related conditions and/or compliance with this chapter, including fees, administrative citations, civil actions, and/or legal remedies relating to a UDCB. The parcel owner remains liable for any violation of duties imposed by this chapter even if the parcel owner has, by agreement, imposed on the operator the duty of complying with the provisions of this chapter.
(5) Definitions. The following terms shall be defined as written unless context indicates or requires a different meaning:
ACCESSORY ACTIVITY. An activity that is incidental to, and customarily associated with, a specified principal activity.
AGENT. A person who is authorized by the parcel owner to act on their behalf in filling out all required forms of the parcel pursuant to this chapter. A person who is given general authorization to act on the behalf of a parcel owner for various activities and transactions in regards to a property may be considered an agent.
BLIGHT or NUISANCE. A UDCB that is dilapidated, physically deteriorating, unsafe, unsanitary, marked with graffiti or generally unkempt as to constitute a threat or nuisance to the public.
BUILDING OFFICIAL. The Building Inspector and his or her successor in title and his or her designees.
DONATED/COLLECTED MATERIAL. Salvageable personal property, such as clothing, shoes, books and household items that are collected for periodic transport off-site for processing or redistribution or both.
PARCEL OWNER or PROPERTY OWNER. The owner of real property on which a UDCB is or is proposed to be placed.
PRINCIPAL ACTIVITY. An activity that fulfills a primary function of an establishment, institution, household, or other entity.
PRINCIPAL BUILDING. A main building that is occupied a principal activity.
UDCB OPERATOR or OPERATOR. A person or entity who utilizes or maintains a UDCB to solicit donations/collections of salvageable personal property.
UDCB PERMIT. The Village of Frankfort's annually renewable permit required to place, operate, maintain, or allow a UDCB within the Frankfort village limits.
UNATTENDED DONATION/COLLECTION BOXES or UDCBs. Unstaffed drop-off boxes, containers, receptacles, or similar facility that accepts textiles, shoes, books and/or other salvageable personal property items to be used by the operator for distribution, resale, or recycling, but shall not include furniture or other items too large to be contained within the UDCB. This term does not include any collection bin that is owned by the property owner and is used in connection with, or is an accessory to, the principal business of that property.
UNPERMITTED UDCB. A UDCB established either without a UDCB permit or with a UDCB permit that was issued in error or on the basis of incorrect or incomplete information supplied, or in violation of any law, ordinance, rule, or regulation.
VILLAGE. The Village of Frankfort, Will County, Illinois.
(B) UDCB permit requirement and process.
(1) Permit required for UDCBs.
(a) It is unlawful to place, operate, maintain or allow a UDCB on any real property unless the parcel owner/agent and/or operator first obtain an UDCB permit from the village. A separate UDCB permit is required for each UDCB.
(b) The UDCB permit applicant shall be the UDCB operator and the permit may not be transferred, conveyed or otherwise assigned to another person or entity.
(c) Decisions regarding UDCB permit applications shall be made by the building official and the building official shall be considered the investigating official acting for the Village Administrator.
(2) Application requirements. The UDCB permit application shall be made on a form provided by the Village. All applications shall be valid for one calendar year, filed with the Building Department and shall include:
(a) A signed agreement as provided by the village stating that the operator will abide by all the processes and requirements described in this chapter and an expedited code enforcement process;
(b) A non-refundable application fee in the amount of $100;
(c) A signed authorization from the parcel owner/agent to allow placement of the UDCB on a form provided by the village;
(d) A signed acknowledgment of responsibility from the parcel owner/agent and the operator for joint and several liability for violations of conditions or regulations, and/or blight relating to the UDCB on a form provided by the village;
(e) Proof of general liability insurance of at least $1,000,000 covering the applicant's UDCB and naming the village and the parcel owner as additional insureds;
(f) For nonprofit operators, evidence that the nonprofit has been registered as a non-profit organization with the State of Illinois;
(g) The name, address, email, website (if available) and telephone number of the UDCB operator and parcel owner, including 24-hour contact information;
(h) A vicinity map showing:
1. The proposed location of the UDCB; and
2. The distance between the site and all existing UDCBs within 1,000 feet of the proposed UDCB location;
(i) Photographs of the location and adjacent properties;
(j) A site plan containing:
1. Location and dimensions of all parcel boundaries;
2. Location of all buildings;
3. Proposed UDCB location;
4. Distance between the proposed UDCB and parcel lines buildings; and
5. Location and dimension of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement and striping/marking;
(k) Elevations showing the appearance, materials, and dimensions of the UDCB, including the information required in this chapter to be placed on the UDCB and notice sign;
(l) A description and/or diagram of the proposed locking mechanism of the UDCB;
(m) A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the UDCB) that is sufficient to prevent/eliminate blight-related conditions; and
(3) UDCB permit expiration and renewal.
(a) Unless renewed as described in division (b), below, each UDCB permit shall expire and become null and void on December 31 of the year of issuance.
(b) A UDCB operator may apply for a permit for the subsequent calendar year by submitting an application to the Building Department by December 1 of the current year. The UDCB permit renewal application shall be made on a form provided by the village. All applications shall be filed with the Building Department and shall include:
1. A signed agreement stating that the operator will abide by all the processes and requirements described in this chapter and an expedited code enforcement process;
2. Photographs of the existing UDCB;
3. A non-refundable$100 application fee;
4. A signed authorization from the parcel owner/agent to allow placement of the UDCB;
5. A signed acknowledgment of responsibility from the parcel owner/agent and the operator for joint and several liability for violations of conditions or regulations, and/or blight relating to the UDCB;
6. Proof of general liability insurance of at least $1,000,000 covering the applicant's UDCB and naming the Village of Frankfort and the parcel owner as additional insureds;
7. For nonprofit operators, evidence that the nonprofit has been registered as a nonprofit organization with the state;
8. Name and telephone number of any entity that may share or profit from items collected via the UDCB;
9. The name, address, email, website (if available) and telephone number of the UDCB operator and parcel owner, including 24-hour contact information; and
10. Any other reasonable information regarding time, place, and manner of UDCB operation, placement, and/or maintenance that the building official requires to evaluate the proposal consistent with the requirements of this chapter.
(c) The Building Official shall either approve or deny the renewal of a UDCB permit within 30 calendar days of receipt of the complete renewal application and payment of the renewal fee.
(d) The Building Official shall approve the renewal of a UDCB permit if he or she finds that no circumstances existed during the term of the UDCB permit or existed at any time during the review of the application for renewal that are inconsistent with any criteria required for approval of a new UDCB permit as specified in § 50.32(B)(4) or that would justify the revocation of the UDCB Permit as specified in § 50.32(D)(1)(g).
(e) See § 50.32(B)(6) for the appeal and petition processes for UDCB permit decisions, including decisions regarding renewal.
(4) Requirements for the approval and renewal of a UDCB permit. The Building Official shall not issue a UDCB permit or renewal unless each of the following is true:
(a) The applicant has submitted a complete and accurate application accompanied by the applicable fee;
(b) There are no open citations, unpaid fines or unresolved violations or complaints related to any UDCB managed by the proposed operator;
(c) Any verified blight on the subject property has been abated and any case of a complaint to the village regarding blighted conditions on the subject property has been closed; and
(d) The proposal is consistent with all the requirements of this chapter.
(e) For renewals, the site does not have a history of being an attractive nuisance even if incidents of blight were abated. For the purpose of this division, “history of attractive nuisance” means the UDCB received three administrative citations in the previous 12 months.
(5) Time limit for final decision. The Building Official shall provide a written decision regarding the placement of a UDCB within 30 calendar days of the submission of a complete application for a UDCB permit.
(6) Appeal and petition processes.
(a) 1. Within ten calendar days after the date of a decision by the Building Official on an application for a UDCB permit or a renewal of such, an appeal from said decision must be filed by the applicant or any other interested party. The appeal shall be submitted to Building Department at Village Hall. In the event the last date of appeal falls on a weekend or holiday when village offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the village and shall be filed with the Building Department. The appeal application must be complete and shall state specifically wherein it is claimed there was an error or abuse of discretion by the Building Official or wherein his or her decision is not supported by the evidence in the record. The appeal itself must raise each and every issue that is contested, along with all the arguments and evidence in the record, which supports the basis of the appeal.
2. If a hearing is held on the appeal, then during such hearing, the appellant will be limited to issues and/or evidence previously raised in the appeal itself. The appellant shall not be permitted to present any other issues and/or oral, written and/or documentary evidence during the appeal process.
3. In considering the appeal, the Village Administrator shall determine whether the proposal conforms to the requirements of this chapter, and may grant or deny a permit or require such changes in the proposed use or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said criteria. The written decision of the Village Administrator shall be final and shall be made within 60 calendar days of the submission of the appeal.
(b) 1. The applicant seeking placement of a UDCB which would be affected by this chapter and who contends that the ordinance as applied to him or her would be unlawful under and/or conflict with Federal, state, or local law or regulation, must submit a petition to the Village Administrator requesting relief from the ordinance. Petitions must be on the appeal form provided by the village and submitted to Village Hall. The petition shall identify the name and address of the applicant and property owner, the affected application number, and shall state specifically and completely how the ordinance as applied to him or her would be unlawful under and/or in conflict with Federal, state, or local law or regulation. Failure to raise each and every issue that is contested in the petition and provide appropriate supporting evidence will be grounds to deny the petition.
2. If a hearing is held on the petition, then during such hearing, the petitioner will be limited to issues and/or evidence previously raised in the petition itself. The petitioner shall not be permitted to present any other issues and/or oral, written and/or documentary evidence during the petition process.
3. Within 60 calendar days of receipt of the completed petition, the Village Administrator, or designee, shall mail to the applicant a written determination accepting or rejecting the petition. The written decision of the Village Administrator is final. The Village Administrator will utilize reasonable time, place and manner criteria to determine if the petition should be granted or denied consistent with this chapter. If the petition is granted, the village may impose reasonable time, place and manner-related conditions on the UDCB consistent with this chapter.
(C) Standards and requirements.
(1) Location. No more than one UDCB is permitted per parcel.
(a) UDCB's placed on separate, adjacent parcels, must be placed at least 500 feet away from the nearest UDCB.
(b) UDCBs are only allowed to be located in the following zones, which are designated in the zoning maps described in the Village of Frankfort Zoning Ordinance:
1. B-1;
2. B-2; and
3. B-3.
(c) No UDCBs are permitted in any (AG), (E-R), (R) or (H) zones unless placed on a governmentally owned or tax exempt property.
(d) A UDCB is only permitted on a lot that also contains a principal building that contains at least one operating business.
(e) UDCBs will be placed on the parcel in a location where normal deliveries are received.
(f) UDCBs are prohibited within any of the following locations:
1. The public right-of-way;
2. Twenty-five feet from any property line; or
3. Landscaping.
(g) UDCBs cannot block or impede access to:
1. Parking or driveways;
2. Pedestrian routes;
3. Emergency vehicle routes;
4. Building ingress and egress;
5. Required handicapped accessibility routes;
6. Required easements;
7. Trash enclosure areas or access to trash bins/trash enclosures; or
8. Lot ingress and egress.
(h) UDCBs cannot impede the functioning of exhaust, ventilation, or fire extinguishing
systems.
(i) The donation/collection area must be visible from the principal building and be no more than ten feet from a continually operating light source.
(2) Physical attributes.
(a) UDCBs shall:
1. Be fabricated of steel;
2. Be of the same color scheme as the adjacent parcel building;
3. Be placed on ground that is paved with cement or asphalt;
4. Have a collection opening that has a tamper-resistant locking mechanism;
5. Not be more than 84 inches high, 72 inches wide and 72 inches deep;
6. Not be electrically or hydraulically powered or otherwise mechanized;
7. Not include any extra "attention getting" devices or products prohibited in the Village of Frankfort sign ordinance;
8. Not be a fixture of the site or considered an improvement to real property; and
9. Have the following information conspicuously displayed on at least two-inch type visible from the front on the UDCB:
A. The name, address, 24-hour telephone number, and, if available, the internet web address, and email address of the owner and operator of the UDCB and the parcel owner/agent;
B. Address and parcel number of the site;
C. Instructions on the process to register a complaint regarding the UDCB to the village code enforcement division, in substantially the following form: “To register a complaint regarding this UDBC, contact the Village of Frankfort at (815)469-2177 or http://www.villageoffrankfort.com/contact with the permit number and location of the UDCB detailing the complaint.”
D. The type of material that may be deposited;
E. A notice stating that no material shall be left outside the UDCB;
F. The pickup schedule for the UDCB;
G. A village provided sticker that identifies the box as being properly permitted by the village;
H. If the UDCB is owned by a nonprofit organization:
i. A statement describing the charitable cause that will benefit from the donations;
ii. The Federal tax identification number of the nonprofit organization operating the UDCB; and
iii. The statement “This collection box is owned and operated by a nonprofit organization.”
I. If the UDCB is owned by a for-profit entity:
i. “This donation is not tax deductible;” and
ii. “This collection box is owned and operated by a for-profit organization.”
(b) The parcel containing the UDCB shall display an additional standalone sign with text in at least two-inch typeface stating that no material shall be left outside the UDCB. This sign shall be installed at a visually conspicuous location within a radius of 20 feet from the UDCB.
(3) Maintenance.
(a) No blight shall be within 20 feet of the UDCB including, but not limited to donation/collection overflow, litter, debris, and dumped material.
(b) UDCBs shall be maintained and in good working order. Items to be repaired, removed, and/or abated include, but are not limited to graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.
(c) UDCBs shall be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes the removal of donated/collected material and abatement of the blight described this section.
(d) The operator shall maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints.
(e) UDCBs cannot be used for the collection of solid waste and/or any hazardous materials.
(4) Liability. Applicants and/or owner(s) Agent shall maintain a minimum general liability insurance of $2,000,000 for the duration of the operation of a UDCB at each site, to cover any claims or losses due to the placement, operation, or maintenance of the UDCB and naming the Village of Frankfort as additional insured.
(D) Code enforcement.
(1) Compliance process.
(a) Whenever the Building Official determines that a UDCB with a valid permit does not conform to any requirement in this chapter he/she shall promptly notify the parcel owner/agent and UDCB operator through electronic mail of the violation. The violation must be abated and proof of such submitted to the village within three business days after receipt of such notification.
(b) If an unpermitted UDCB is not within a permissible geographic area according to division (C)(1), then both the UDCB and any blight within 20 feet of the UDCB shall be removed within 72 hours after the parcel owner/agent and UDCB operator is notified of the violation.
(c) If an unpermitted UDCB is within a permissible geographic area according to division (C)(1) then any blight within 20 feet of the site shall be removed and the parcel owner/agent and/or operator shall either:
1. Apply for all UDCB permits required by this chapter; or
2. Remove the UDCB. This requirement shall be met within 72 hours after the parcel owner/agent and/or UDCB operators are notified of the violation.
(d) Each day, after the three business day cure period, that a violation of a requirement of this chapter is not abated constitutes a new and separate offense.
(e) The operation or maintenance of an unpermitted UDCB may be abated or summarily abated by the village in any manner by this code or otherwise by law for the abatement of public nuisances. All expenses incurred by the village in connection with any action to abate a public nuisance will be chargeable to the persons creating, causing, committing, or maintaining the public nuisance and is an express condition of the permit.
(f) The village shall issue administration citations against a parcel owner and/or operator who fails to timely resolve a violation or verified compliance is not sent to the village showing the resolution of the violation relating to a UDCB after notice. The village shall issue administrative citations as follows:
1. Not more than $150 for the first citation after the 72-hour abatement period;
2. Not more than $250 for the second citation after the 72-hour abatement period; and
3. Not more than $500 for the third and each subsequent citation after the 72-hour abatement period.
(g) The daily administrative citations described in division (B)(1) shall continue until either the violation is abated or the UDCB is removed. Removal of the UDCB shall be at the expense of the parcel owner and/or operator. Any UDCBs removed shall also have any of its UDCB permits revoked.
(h) The property owner and operator are jointly and severally liable and responsible for all fees, administrative citations, and compliance with the regulations.
(i) A party aggrieved by a final administrative decision of the village, after an appeal has been made pursuant to division (B)(6), may seek judicial review of the administrative decision pursuant to the Illinois Code of Civil Procedure within the time frame pursuant to those code sections.
(j) All notices for unpermitted UDCBs shall be in writing and personally delivered to the parcel owner/agent and UDCB operator or by depositing such notice in the United States mail, postage paid, and addressed to the parcel owner/agent at the owner(s) last known address as it appears on the last Will County equalized assessments roll, as well as placed on the UDCB itself. If the village cannot reasonably determine the name and/or address of the unpermitted UDCB operators, placing the written notice on the UDCB itself constitutes sufficient notice. All notices regarding permitted UDCBs shall be through electronic mail.
(k) Administrative citations established in this chapter are in addition to any other administrative or legal remedy which may be pursued by the village to address violations identified in this chapter.
(E) Noticing procedure for removal. Notice required for removal.
(1) Any UDCB scheduled to be removed by either the village or the operator shall clearly display a notice on the UDCB with at least four-inch type visible from the front on the UDCB that states the following text in capital letters: “THIS BOX WILL BE REMOVED BY” followed by the date the UDCB is scheduled for removal. The entity who is removing the UDCB is responsible for placement of the notice on the UDCB.
(2) For UDCBs required to be removed by the village due to an abatement order, the notice shall be posted immediately after the village notifies the operator and/or parcel owner that the facility is required to be removed.
(3) Notice that a UDCB will be removed by the owner or operator shall be posted at least 14 calendar days prior to the removal of the facility.
(Ord. 3086, passed 4-24-17) Penalty, see § 50.99