(a) Establishment; Community and Economic Development Director as Controlling Authority. There is hereby established in and for the City a Division of Health and Environment, a division of the Department of Community and Economic Development Director, the controlling authority of which shall be the Community and Economic Development Director.
(b) Jurisdiction. The jurisdiction of the Community and Economic Development Director, pursuant to this section, shall extend over the City and one-half mile beyond the corporate limits thereof, and all rules and regulations promulgated or issued pursuant to this section and Chapter 1060
of the Streets, Utilities and Public Services Code shall be in force in all of such territory.
(c) General Duties and Powers. The Community and Economic Development Director shall exercise general authority and supervision over the health and physical environment of the City, and shall have the power and authority to:
(1) Promulgate, implement, supervise and enforce rules and regulations approved by the City Council for the collection of solid waste from residential dwelling units, apartment buildings, commercial and manufacturing firms and establishments and any other producers of solid waste;
(2) Supervise and regulate the transportation of solid waste from its point of origin to an approved disposal site, as provided by Municipal ordinance, rules and regulations or contract provisions;
(3) Supervise and regulate the City's Municipal Landfill, and any other waste disposal facilities located on or adjacent thereto, including any landscape and yard waste composting facility and/or any commercial solid waste composting facility authorized by the City Council;
(4) Develop, supervise and regulate the City's residential recycling program, including, but not limited to, the administration and enforcement of any rules and regulations relating to the designation, collection, marketing and/or disposal of recyclable materials;
(5) Develop, supervise and regulate recycling programs in the commercial, manufacturing and/or business sector or for particular firms, pursuant to City Manager authorization;
(6) Promulgate, implement, supervise and enforce rules and regulations adopted by the City Council for the collection and proper disposition and disposal of solid waste, landscape and yard waste and recyclable materials in mobile home trailer parks and all residences or housing units thereof;
(7) Provide education and information to City residents as part of the implementation of recycling and solid waste reduction objectives;
(8) Provide advice and recommendations to the City Manager and City Council on policies, procedures, ordinances, programs and initiatives to reduce solid waste and encourage the conservation and efficient utilization of valuable resources, such as the Municipal Landfill, and otherwise to encourage sound environmental practices;
(9) Implement and enforce any Illinois Environmental Protection Agency (IEPA) or United States Environmental Protection Agency (USEPA) statutes, rules or regulations, or procedures adopted by the City Council and the Mayor, and make recommendations regarding the same;
(10) Administer and enforce Municipal ordinances relating to the transportation, storage and disposal of hazardous wastes or hazardous materials, as defined by Federal and State statutes or regulations;
(11) Establish, administer and enforce regulations for sanitary welfare;
(12) Prevent and abate public or private nuisances on either private or public property;
(13) Serve as the City's liaison to contractors, firms, consultants, engineers and professionals providing services and/or expertise to the City on matters within the Community and Economic Development Director's powers and duties; and
(14) Perform other duties to assist the City Manager as directed.
(d) Enforcement of Ordinances. The Community and Economic Development Director shall enforce all ordinances relating to the environmental health, safety and welfare of the City, including, but not limited to, the abatement of nuisances, enforcement of provisions relating to weeds and litter, administration of solid waste collection and disposal programs, operation of the Municipal Landfill, implementation of recycling programs and protection of the public from environmental hazards or toxic substances and chemicals.
(e) Inspection Duties. The Community and Economic Development Director, or his or her designated agent, shall make inspections and perform such duties as may be required of him or her, from time to time, by the City Manager, the Public Works Director, the Fire Chief or the Police Chief, and perform such other duties as may be required by ordinance, regulation or any contracts executed by the City pursuant to Chapter 1060
of the Streets, Utilities and Public Services Code.
(f) Right of Entry. The Community and Economic Development Director, or his or her designated agent, may, at any reasonable time, enter any house, store, restaurant, warehouse, business, building or property to make examination and check for compliance with all ordinances and rules and regulations under the Community and Economic Development Director’s jurisdiction.
(g) Procedure in Abating Nuisances. The Community and Economic Development Director shall inspect any public or private nuisance and determine the best and most economical method by which it may be abated or removed. He or she shall then serve, in person or by mail, or by posting on the premises of the owner, occupant or agent, if such person is unknown, written notice providing notice of such action and directions for abatement or removal in the most economical and sanitary manner. No owner, occupant or agent shall refuse or neglect to strictly comply with any and all requirements or directions in such notice.
(h) Violations of Orders. No person shall violate any lawful order of the Community and Economic Development Director, nor disturb, mutilate or conceal any sign or notice posted by authority of the Community and Economic Development Director, without authority to do so.
(i) Public Emergencies.
(1) If radioactive, chemical or highly toxic waste substances posing an immediate threat to human life, health or safety have been released into the environment, by accident or otherwise, or in the event Municipal sanitary or health conditions warrant it, the Community and Economic Development Director, in reliance upon professional opinion and recommendation, and after consultation with the City Manager, shall take such measures or acts as the City’s health, life and safety demand. The Community and Economic Development Director is also empowered to make, issue and enforce such rules and regulations as are necessary to abate any such emergency, with the concurrence of the City Manager. However, the Community and Economic Development Director shall not supplant or countermand any measures of the Emergency Services and Disaster Agency (ESDA), the Illinois Department of Nuclear Safety or the IEPA.
(2) The Chief of Police shall assist the Community and Economic Development Director in the performance of such duties.
(j) Records. The Community and Economic Development Director shall keep complete records of all activities of the Community and Economic Development Director's office, which shall be available for inspection as provided by statute or ordinance.
(k) Reports. The Community and Economic Development Director shall make monthly reports to the City Manager regarding all matters under the Community and Economic Development Director’s jurisdiction, of all work performed and of possible suggested changes to be made to Chapter 1060
of the Streets, Utilities and Public Services Code.
(l) Issuance of Citations. The Community and Economic Development Director shall not be a member of the Police Department but shall have power to issue citations for violation of any ordinance or law relating to public health or environmental protection, in the same manner as police officers.
(Ord. 98-27. Passed 6-1-98; Ord. 2012-24. Passed 4-16-12; Ord. 2013-10. Passed 3-4-13; Ord. 2013-47. Passed 10-7-13; Ord. 2017-56. Passed 7-17-17.)