(A) Any structure which primary purpose is a business as defined in the village zoning law and does not contain a dwelling unit, shall be exempt from the garbage collection fee upon the filing of an affidavit signed by the property owner and filed with the Village Clerk. Such affidavit must state that the structure has been zoned commercial pursuant to the village zoning law, that the structure is not used as dwelling, and the occupants of said structure do not utilize the garbage collection service.
(B) If the occupant of a structure who has been granted an exemption is deemed in the opinion of the village to have utilized the garbage collection service, the owner of said structure shall be fined the amount of $100 for every such occurrence. Said fine shall be assessed after a hearing held in conformance with the procedures set forth in Chapter 52 of this code. Each violation shall be separate and distinct violation Such penalty may be recovered in an action brought by the Village Attorney at the request of the Village Board in the name of the village in any court of competent jurisdiction. In addition to the above described penalty, the village may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities. Such fine may be released or compromised by the Village Board before the matter has been referred to the Village Attorney, and where such matter has been referred to the Village Attorney, any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the Village Attorney, with the consent of the Village Board.
(Ord. 2-2011, passed 5-23-2011)