A. Scavenger Services Required. Every person or legal entity in possession of any premises in the Village shall cause accumulations of scavenger materials to be disposed of no less frequently than once every seven days by a licensed scavenger. The use or occupancy of any premises shall be prima facie evidence that scavenger materials are being produced and accumulating on the premises.
B. Scavenger License Required. No scavenger services may be provided within the Village except by a scavenger duly licensed by the Village pursuant to Title 3, Chapter 4 of this Code. No person or legal entity other than a scavenger may remove any scavenger materials placed out for collection by a resident, tenant, and/or owner of a premises which is intended for collection by a scavenger.
C. Exclusive Residential Franchise. Scavenger services for residential customers may only be provided pursuant to a franchise. Franchisees will directly bill and charge the Village for the cost of basic waste collection services under the franchise. The franchise may provide for a residential customer to receive optional additional services, which shall be billed by the franchisee to the person or legal entity requesting such services. The franchisee shall be responsible for billing and collecting all charges for services above the cost of basic waste collection services, and shall keep an accurate record of all the premises served, including the address and amounts collected from each. The franchisee shall assume any and all delinquent accounts for services above the cost of basic waste collection services.
D. Exclusive Commercial Franchise. Commencing November 1, 2022, except as otherwise provided in this Section, scavenger services for commercial customers may only be provided pursuant to a franchise. Provision of scavenger services to a customer in violation of this Section shall be an offense chargeable to both the customer and the scavenger. The penalty for violation of this Section shall be as set forth in Section 1-12-3 of this Code.
E. Billing and Fees. The fees for Scavenger Services shall be as provided in Section 1-12-3 and shall be billed by the Franchisee in accordance with the terms of the franchise.
F. Specialized Services Exempted. A person or legal entity may if offered, but is not required to, use a franchisee for any specialized services. Construction or demolition debris generated within the Village is subject to recycling.
G. Exemption Requests from Commercial Franchise. Any person or legal entity occupying a commercial property subject to a Franchise may file a written request with the Village Administrator for an exemption from the franchise. The request shall be accompanied by appropriate documentation specifying and demonstrating the circumstances that necessitate the exemption, which may include, without limitation:
1. The requestor’s business is subject to a corporate contract for Scavenger Services, the provisions of which are outside the requestor’s control;
2. The requestor is subject to a written and binding contract for Scavenger Services with a Scavenger previously licensed by the Village, which contract was effective prior to August 1, 2021;
3. The requestor’s business requires specialized services that cannot be provided under the Franchise; or
4. Exceptional hardship.
The Village Administrator shall either grant or deny the exemption, in his sole and absolute discretion, within 30 days after receipt of a request. Any person or legal entity denied an exemption may appeal the denial in writing to the Village Board of Trustees within ten days after the date of the Village Administrator’s written denial. (Ord. 2021-14, 7-12-2021; amd. Ord. 2022-34, 11-14-2022)