§ 92.07 REMOVAL FEES; SCHEDULE.
   (A)   Fees shall be charged and collected for the removal of refuse materials and yard waste by the village, in addition to amounts payable as a garbage tax which the village is authorized to impose under the statutes of the state, in amounts as the village shall establish from time to time by resolution and shall be payable each year at the times the owner or occupant of the property is required by the village to pay for water service.
   (B)   If the village elects to discontinue collection and removal of refuse materials and yard waste other than by reason of the failure of an owner or occupant to comply with this chapter, the portion of the fee which has been collected and which covers a period for which collection and removal of refuse materials and yard waste is not rendered, shall be rebated to the person who paid the fee.
   (C)   The fees shall be adjusted from time to time by the Village Board of Trustees as necessary to pay the costs of the village for removal, transportation and disposal of refuse and to make payments of all amounts that the village may be required to pay under the interim project use agreement dated as of May 2, 1988 between the village and the Solid Waste Agency of Northern Cook County, as that agreement may be amended from time to time.
   (D)   The rates and charges imposed for use of the village waste system shall be sufficient, after taking into account moneys then on hand in the village waste system fund and the proceeds of taxes levied and to be collected which have been assigned and pledged to the village waste system fund to:
      (1)   Pay all operation and maintenance expenses of the village waste system, including all obligations to the Agency under the project use agreement;
      (2)   Pay as they come due interest on and principal of any revenue bonds or other obligations payable from revenues of the village waste system;
      (3)   Provide for all unpaid claims; and
      (4)   Provide adequate depreciation and reserve funds for the village waste system, including reserves for uncollected charges.
   (E)   Any person disposing of system waste through the village waste system shall pay the rates and charges established by the village pursuant to the provisions of this section for use of the village waste system. The owners and occupants of real estate within the village served by the village waste system shall be jointly and severally liable to pay all rates and charges imposed by the village pursuant to the provisions of this section. Any person responsible for the payment of rates and charges imposed by the village pursuant to this section who shall fail to pay those rates and charges within 30 days after the rates and charges shall have become due and payable, shall be responsible for payment of the costs incurred by the village, including the fees and costs of any attorney and/or collection agency retained by the village for the purpose of seeking collection of the rates and charges, whether or not suit is instituted, in addition to all other rates, charges, fines and penalties then due and payable.
   (F)   There is hereby created and established an enterprise fund of the village known as the village waste system fund, which shall be separate and apart from all other funds and accounts of the village as provided below. All amounts collected from rates and charges imposed under this section shall be deposited in the village waste system fund, and, together with all other amounts deposited in the village waste system fund, shall be separate and apart from all other moneys of the village, except that amounts deposited in the village waste system fund may be invested together with other funds of the village.
(Ord. 538, passed 8-2-1965; Ord. 649, passed 2-13-1978; Ord. 665, passed 11-13-1979; Ord. 680, passed 12-14-1981; Ord. 706, passed 2-13-1984; Ord. 734, passed 1-12-1987; Ord. 738, passed 12-14-1987; Ord. 747, passed 8-8-1988; Ord. 763, passed 6-12-1990; Ord. 786, passed 3-9-1992; Ord. 818, passed 6-12-1995; Ord. 860, passed 6-14-1999; Ord. 905, passed 4-14-2003; Ord. 933, passed 4-11-2005; Ord. 1022, passed 7-13-2009)