Section
50.01 Definitions
50.02 Accumulation; garbage, rubbish, construction waste and ashes
50.03 Dumping of garbage, rubbish, construction waste and ashes
50.04 Duty of owners, occupants or other persons in charge of any building, residence or lot
50.05 Alleys, streets and lots
50.06 Collection
50.07 Containers
50.08 Disposal of abandoned property by owners and other parties
For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ASHES. The solid residue of combustion fuel used in heating and cooking operations as occurring in households, apartments, offices or other business places, but not to include residue from industrial plants or operations.
COMMERCIAL RUBBISH. Miscellaneous waste and materials resulting from any business and industrial operations of every kind, excludes construction and trade wastes which has been abandoned as worthless and, having no property value or which would constitute a nuisance when allowed to accumulate.
CONSTRUCTION WASTE. Miscellaneous waste and materials resulting from construction, alterations, repairs, demolitions, renovations and includes earth, offensive dirt and fill dirt from excavating which has been abandoned as worthless and having no property value, or which would constitute a nuisance when allowed to accumulate.
DOMESTIC RUBBISH. Waste material and refuse of every character from normal household or living conditions, including but not limited to, house dirt and trash, except garbage. In general, rubbish is paper, rags, bottles, tin, cans, glass, cardboard, plastic, worn-out clothing, furniture, excelsior, offensive dirt and the like, which waste material and refuse has been abandoned as worthless and having no property value or which would constitute a nuisance when allowed to accumulate.
GARBAGE. Every refuse or waste material accumulation of animal, fruit or vegetable matter, liquid or otherwise decayed or not that attends the preparation, use, cooking, dealing in or storing of meat, fish, fruit or vegetables including offal, tin cans and other containers in which foodstuffs are packaged, which refuse has been abandon as worthless and having no property value or which would constitute a nuisance when allowed to accumulate.
GARDEN RUBBISH. Garden, lawn or tree trimmings leaves and dead garden plants from the normal household. It shall not include rubbish from work of landscape gardeners or private companies such as landscaping firms and nurseries.
PERSON. Any individual, corporation, association, club, recognized group, business, sole proprietorship, partnership or any other legally recognized entity.
RUBBISH. Domestic, garden and commercial rubbish unless specifically restricted to mean a particular type of rubbish in a particular section of this chapter.
(Ord. 23, passed 11-13-1974)
It shall be unlawful for any person to accumulate, permit or allow to be accumulated, to place, dump or permit to be dumped or placed, to scatter, bury or permit to be scattered or buried in or on property or premises owned by him or her or under his or her control, any garbage, domestic, commercial or garden rubbish, ashes, construction waste, manure or any other form of waste, having no property value or constituting a nuisance when so accumulated, except where the substances are placed in proper receptacles for removal.
(Ord. 23, passed 11-13-1974) Penalty, see § 10.99
It shall be unlawful for any person to dump, bury, place, scatter, deposit or cause to be deposited, any garbage, domestic, commercial or garden rubbish, ashes, manure, construction waste or other forms of waste in any public place or on private property with or without the owner's permission, except where the substances are dumped in a place or on private property, with or without the owner's permission, except where the substances are dumped in a place designated by the Village Council for the purpose, except where the purpose or except where the substance is so pursuant to a commercial arrangement for its commercial value and a permit is issued from the village upon a hearing that the disposal method will not occur if a permit is issued; when any permit is issued, a violation of the conditions attached to it will cause the permit to be terminated immediately.
(Ord. 23, passed 11-13-1974) Penalty, see § 10.99
(A) In all business, industrial and residential districts of the village, it shall be the duty of owners, occupants or other persons in charge of any building, residence or lot to see that no rubbish, either combustible or noncombustible, is placed or permitted to remain in any street, alley or other public place or in any private place except a building or other suitable storage place which shall consist of, as a minimum, a closed container. It shall also be violation for any person to store any inflammable rubbish or other waste material where it would cause a fire hazard.
(B) When any owner, proprietor, occupant or other person in charge of any premises permits rubbish or combustible material to accumulate in any public alley, street or other public place or on any private place outside of a storage or other approved building, the village department of public works director shall have authority to cause to be collected such rubbish or other material. The cost of such special collection shall be charged to the owners or occupants of the property permitting such rubbish or other material to accumulate.
(C) Whenever the village shall enter upon any lot or parcel of land in order to accomplish abatement of accumulated rubbish or other material, pursuant to provisions of this section, the village department of public works director is hereby authorized and directed to keep an accurate account of all expenses incurred, and, based upon these expenses, to issue a certificate determining and certifying the reasonable cost involved for the work with respect to each parcel of property.
(D) Within ten days after receipt of the certificate, the village treasurer shall forward a statement of the total charges assessed on each parcel of property to the person as shown by the last current tax roll and the assessment shall be payable to the village treasurer within 30 days from the date the statement was forwarded.
(E) If the owner of a lot, lots or premises fails to pay the bill within 30 days from the date the bill is mailed, the council may cause the amount of the expense incurred, together with a penalty and administrative fee of 10%, to be levied by them as a special assessment upon the lot, lots or premises as provided in § 32.23 of this Code for single lot assessments, or the amount thereof shall be collected by court action.
(Ord. 23, passed 11-13-1974; Am. Ord. 108, passed 3-2-2012) Penalty, see § 10.99
In the case of any alley, street or easement where any substance has been deposited in violation of this chapter, it shall be the duty of every owner or occupant of any lot or premises to remove from one-half of the alley, street or easement adjoining the lot or premises, all the substances. It shall be the duty of every occupant of premises abutting upon an alley, street or easement to keep his or her adjoining one-half of the alley, street or easement in a clean, neat and orderly condition and to keep all weeds and grasses removed or cut to a height not to exceed nine inches at all times.
(Ord. 23, passed 11-13-1974; Ord. 143, passed 2-12-2018)
(A) Garbage, rubbish, manure, ashes and other forms of waste shall be placed in proper receptacles and shall be collected by the village pursuant to an established collection schedule and at the charge, tax or assessment as may be established by the village reasonably commensurate to the cost of the collection.
(B) It shall be unlawful for any other person to collect and dispose of the substance within the village limits after the time as the village shall commence collection service, or shall contract with others pursuant to public contract for the collection.
(C) It shall be unlawful for any person to bring into and deposit, dump, bury, place and scatter the substances obtained from outside the village limits, even at a place designated by the Village Council for the purpose unless duly licenses to do so by the Village Council.
(D) Construction waste will not be collected by the village. Commercial waste and refuse will not be collected by the village.
(Ord. 23, passed 11-13-1974) Penalty, see § 10.99
The occupant of any premises within the village, to which any garbage or rubbish shall be accumulated which is not disposed of by an approved incinerator or approved garbage grinder, shall maintain on the premises the number of containers sufficient to conveniently store the normal accumulation of garbage on the premises over a period of not less than seven days. Every container shall be kept tightly covered with an impervious cover. Garbage containers shall be kept in a clean and sanitary condition at all times. It is further provided that the village may approve the use of plastic or waterproof paper bags of a capacity and quality sufficient for the storage and disposal of refuse.
(Ord. 23, passed 11-13-1974)
(A) Mandatory use of mechanical containers for disposal of abandoned property.
(1) An owner who lawfully recovers possession of real property shall place and use on the real property (or arrange for such placement and use) one or more mechanical containers as defined in division (B) of this section to contain the abandoned property until the mechanical container is removed from the real property for disposal within the time limitations of this section. The mechanical containers must be located on a private portion of the property that contains the dwelling unit or principal building.
(2) An owner who uses a court officer's services to recover or obtain possession of real property under an order of eviction shall make prior arrangements (either by private contract or through a court officer) for the placement of one or more mechanical containers meeting the requirements of this section on the real property prior to having the court officer remove or dispose of the occupant's abandoned property.
(3) An occupant, owner, or court officer who uses a mechanical container in connection with the disposal of abandoned property shall tightly close all lids and side doors after depositing the abandoned property into the mechanical container to prevent spillage on the real property or neighboring properties.
(4) An owner shall remove a mechanical container that is used under this section to contain abandoned property from the real property within 48 hours of its placement, unless the mechanical container used for such disposal is authorized under the provisions of subdivision (A)(8) of this section.
(5) An owner shall pay the expenses of placement, removal, and disposal of the contents of mechanical containers used to dispose of abandoned property whether such placement was arranged by private contract or through a court officer. To the extent permitted by law, an owner who pays for the use of a mechanical container may recover such expenses from the occupant who has vacated or been evicted from the real property.
(6) A court officer who agrees to arrange for placement and use of a mechanical container for an owner may require advance payment or an escrow deposit for the use of such equipment. To the extent permitted by law, the court officer shall have a lien against the real property to secure payment of any unpaid charges for the placement and use of a mechanical container under this section.
(7) A court officer may require indemnification from an owner using his or her services to obtain or recover possession of real property as a condition of arranging the furnishing of mechanical containers in connection with executing an order of eviction.
(8) Nothing contained in this section shall prevent an owner of real property that already uses containerized refuse receptacles as provided for in § 50.07 for regular, periodic pick-up and disposal from using such containerized refuse receptacles for containing abandoned property, provided the containerized refuse receptacles:
(a) Have sufficient unused capacity to contain all of the abandoned property;
(b) Meet the requirements of § 50.07, except removal from the real property within 48 hours; and
(c) Are emptied and returned to their usual, lawful location within 48 hours of their placement for use under this section.
(B) Requirements for mechanical containers used to dispose of abandoned property. Except for mechanical containers used in accordance with the provisions of subdivision (A)(8) of this section, mechanical containers used by an owner or court officer to dispose of abandoned property shall have wheels, side doors for access, and sufficient capacity to contain all of the abandoned property within them, including, but not limited to, furniture, appliances, clothing, refuse and the like items. All mechanical containers shall be made of watertight metal or plastic, with plastic or metal tightfitting lids.
(C) Abatement remedies.
(1) The village shall have the right to summarily abate any nuisance condition that violates the terms of this section, at the owner's expense, as provided for in § 50.04 of this Code. Such remedies shall include, but not be limited to:
(a) Removing any abandoned property located upon the real property that is not contained in a mechanical dumpster meeting the requirements of this section, and disposal of it as refuse, using the village's own personnel and resources, or contracting with a private company to furnish such equipment and perform such services;
(b) Removing any mechanical container located on real property that contains abandoned property, and disposing of its contents.
(2) Additional nuisance conditions or violations not specifically set forth above may be addressed by the village through enforcement of other applicable code provisions, by prosecution or other enforcement action in the district court, or by legal action in the circuit court with prior authorization from the village council.
(D) Nuisance per se. Any condition on real property that violates the regulations of this section constitutes a nuisance per se that shall be abated by a court of competent jurisdiction if the village elects to abate the nuisance by commencement of an action in a court of competent jurisdiction.
(E) Penalties for violation. A person who violates this section shall be subject to the civil infraction penalties set forth in Chapter 10. Each day on which a violation of this section continues shall constitute a separate violation. The imposition of a fine and/or payment of the village's abatement costs shall not be construed to excuse or to permit the continuation of any violation. A person who violates the provisions of this section shall also be subject to penalties for violation of the property maintenance code and the provisions of this code and state law regulating blight and nuisance.
(Ord. 108, passed 3-2-2012)