(A) Purpose. The purpose of this section is to regulate and control the accumulation, removal and disposal of garbage, debris and yard waste and to eliminate unhealthy, unsanitary and unsightly conditions in the city.
(B) Garbage, debris and yard waste defined. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARBAGE AND DEBRIS. Rejected food wastes, including every waste accumulation of animal, fruit or vegetable matter used or intended for food and such paper as may necessarily be used for wrapping the same, and all solid wastes including GARBAGE, ashes, rubbish, dead animals, paper, sweepings, solid market and industrial wastes, cans, metalware, glass, crockery, boxes, lumber, wood, abandoned machines and litter of any kind.
YARD WASTE. Lawn and grass cuttings or clippings, sod, dirt, leaves, branches, twigs, cuttings from trees or shrubbery and other plantings or vegetation.
(C) Responsibilities of owners, occupants and lessees.
(1) The owner, occupant or lessee of any premises in the city shall cause to be removed from the premises all garbage, debris and yard waste; and shall keep the premises, at all times, free and clean from any accumulation thereof, except when in proper containers for the refuse collector. Yard waste may not be intermingled with garbage and debris, and must be kept in separate containers.
(2) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
COMPOSTING OPERATION. A compost pile or area upon one’s land designed for the purpose of composting yard waste, and designed to accommodate yard waste from one’s own land. A COMPOSTING OPERATION shall be an allowable alternative method for disposing of yard waste. The COMPOSTING OPERATION must be maintained in accordance with the recommendations contained in the Illinois Department of Energy and Natural Resources Pamphlet Number ILENR/RR-89/03, or as amended from time to time.
(D) Removal by city. The corporate authorities may cause to have removed from private property all garbage, debris, yard waste or composting operations after five days’ written notice is given to the owner of record of that private property by the Health Commissioner. The written notice shall state the purpose and intent of the city and the reason for the action, as well as notification that any and all costs incurred by the city in the execution of the stated action shall be placed as a lien against the real estate. The owner, occupant or lessee shall have five days to comply with the city’s request or the city will initiate the action.
(E) Collection of costs. Upon the removal of garbage, debris, yard waste or composting operations from private property pursuant to this section, the corporate authorities may, within 60 days after the cost therefor is incurred, file notice of a lien in the office of the Recorder of Deeds or with the Registrar of Deeds of the county. The notice shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost incurred or payable for the service and the date when the cost was incurred or by the city. However, the lien of the city shall not be valid as to any purchaser whose rights in and to the real estate have arisen subsequent to the removal and prior to the filing of the notice, and the lien of the city shall not be valid as to any mortgage, judgment, creditor or other lien or whose rights in and to the real estate arise prior to the filing of the notice. Upon payment of the cost by the owner of the property or by persons interested in the property, after notice of the lien has been filed, the lien shall be released by the city or the person in whose name the lien has been filed and the release may be filed of record as in the case of filing a notice of lien. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics’ liens. A suit to foreclose a lien shall be commenced within two years after the date of filing of the lien.
(F) Other prohibited acts. No person shall:
(1) Deposit, permit to be deposited or cause to be deposited upon any public way or upon the property of another any garbage, debris, yard waste or composting operation. This provision shall not prohibit the setting out of garbage, debris or yard waste in approved containers and properly separated upon the parkway or driveway for collection by the refuse collector;
(2) Place for collection any garbage or debris from which yard waste has not been separated;
(3) Conceal in or mix yard waste with any garbage or debris that has been or is to be placed for collection;
(4) Store, for a period of longer than ten days, yard wastes upon one’s own property, except when the storage is part of a composting operation as defined in division (C) of this section. Nothing herein shall prohibit the leaving of cuttings upon one’s own property for mulching purposes;
(5) Fail to maintain a composting operation by appropriate turning, wetting and aerating in accordance with the recommendations as specified in division (C) of this section; and/or
(6) Deposit, place, permit to be deposited or allow any dumpster to remain on single-family residential property, where a certificate of occupancy has been issued, other than by permit. For the purpose of this division, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DUMPSTER. Any covered or uncovered disposal container of a 100-gallon capacity. Permits shall be issued, without fee, by the appropriate licensing department upon application. No permit may be issued for longer than one week. No resident shall be granted more than three permits in any one calendar year.
(G) Violations as nuisance. Any violation of any of the provisions of this section is hereby declared a nuisance.
(2000 Code, § 9.12.090) Penalty, see § 132.99