Village of Westville, IL
Vermilion County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Westville as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 16 of the 2015 Code]
(See 65 ILCS Sec. 5/11-19 et seq.)
As used in this article, the following terms shall have the meanings indicated:
GARBAGE
Wastes resulting from the handling, preparation, cooking and consumption of food; wastes from the handling, storage, and sale of produce.
RUBBISH
Combustible trash, including, but not limited to, paper, cartons, boxes, barrels, wood, excelsior, wood furniture, bedding; noncombustible trash, including, but not limited to, metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other mineral waste; street rubbish, including, but not limited to, street sweepings, dirt, catch-basin dirt, and contents of litter receptacles; provided, however, that refuse shall not include earth and wastes from building operations, nor shall it include solid wastes resulting from industrial processes and manufacturing operations such as food processing wastes, boiler house cinders, lumber, scraps and shavings.
YARD WASTE
Material such as tree branches, yard trimmings, leaves and grass.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall engage in business as a residential or commercial collector of garbage and rubbish unless having first made application and secured a license from the Village. The fee for the license shall be set from time to time by the Board of Trustees by resolution.
The license shall be for the fiscal year of the Village, commencing on May 1 and expiring on April 30.
Upon application for a license, the person applying for the same shall furnish the Village Clerk, along with the application, proof of insurance in the amount of $300,000/$100,000 liability and property damage; and at that time, the applicant shall file with the Clerk a rate schedule for services to be performed for a residential application. The rate schedule shall set forth the type of service to be offered and the price for same, including the size and number of cans per pickup for the charge, the charge for any extra cans, the charge for the bags, the size of the bags, and the charge for bundles and size of the bundles; also, the rate schedule shall include an unlimited service charge. The schedule shall set forth whether this is once-a-week or twice-a-week pickup. The rate schedule shall also set forth the day or days of each week that the collector shall schedule his pickup within the Village. The rate schedule as filed shall be valid for one year and the licensee shall not be permitted to increase the price on the schedule for a period of one year from the date of filing of the rate schedule. The rate schedule shall be effective upon approval by the Village Board.
The firm for the handling of collection of trash shall be of good character and give evidence that the equipment used by him is adequate for the purposes intended. The successful firm shall have a truck or trucks which shall be so designed that garbage and rubbish which is collected will be covered at all times or placed in containers that will be covered at all times, except in the loading of garbage or rubbish, so that offensive odors are not permitted to permeate the air and cause a nuisance within the Village. The trucks and all containers in which garbage is collected and transported shall be cleaned daily, and the collector shall not collect garbage on any day without having a clean truck and hand containers, if containers are used.
No truck carrying garbage or rubbish, or both, shall be parked or be permitted to stand anywhere in the Village, except as provided for in § 286-11, any longer than is necessary to pick up containers; provided that the standing of such vehicle made necessary by mechanical trouble, traffic conditions, accident or obedience to the direction of policemen or traffic signals shall not be considered a violation of this article.
A garbage truck or other equipment shall not be washed on Village streets or public property and will not be washed where the wastewaters will cause any offensive odors to adjoining property owners.
It shall be unlawful to place garbage or rubbish in such a manner as to allow the same to be blown by the wind onto the property of other residents.
It shall be unlawful to deposit or permit to fall from any vehicle any garbage, refuse or ashes on any public street or alley in the Village, provided that this article shall not be construed to prohibit placing garbage, refuse, or ashes in a container complying with the provisions of this article, preparatory to having such material collected and disposed of in the manner provided herein.
The fact that garbage or rubbish remains on an occupant's premises in the Village in violation of this article shall be prima facie evidence that the occupant of such premises is responsible for the violations of this article occurring.
A. 
A licensee shall designate the location of the yards on which his equipment will be parked while not in use; and the equipment shall not be parked within the Village limits unless the designated location shall not create, in the opinion of the Village Board, any nuisance for adjoining property owners.
B. 
The licensee shall have as additional equipment a truck for the disposal of large or unusual items of rubbish which cannot be placed in the designated containers and shall have available for such pickups such equipment at least one day each week or on such additional days as may be necessary to satisfy the needs of the public.
Nothing in this article shall be deemed to prevent or regulate the hauling of rubbish or refuse from industrial processes, from construction projects or other matter not normally collected on a regular schedule; and haulers of rubbish not normally collected in regular collections shall be excused from the requirements of obtaining a collector's license as provided in this article.
If the licensee fails to perform any services according to his application and rate schedule, the Mayor may revoke his permit.
[Adopted 3-29-2012 by Ord. No. 12-1424 (Ch. 25, Art. III, of the 2015 Code)]
(See 65 ILCS 5/11-20-13 and 720 ILCS 5/47-10.)
No person shall permit any garbage or trash to accumulate on their premises or private property. It is hereby declared to be a nuisance and it shall be unlawful for the owner or occupant of real estate to refuse or neglect to remove the garbage or debris.
The Chief of Police or a designated representative may issue a written notice for removal of garbage or debris. Such garbage or debris shall be removed by the owner or occupant within five days after such notice has been duly served.
Service of notice provided for herein may be effected by handing the same to the owner, occupant, or lessee of the premises, or to any member of his household of the age of 15 years or older found on the premises or by mailing such notice to the last known residence address of the owner; provided that if the premises are unoccupied and the owner's address cannot be obtained, then the notice may be served by posting the same upon the premises.
If the person so served does not abate the nuisance within five days, the Police Chief or a designated representative may proceed to abate such nuisance, keeping an account of the expense of the abatement; and such expense shall be charged and paid by such owner or occupant.
Charges for such removal shall be a lien upon the premises. A bill representing the cost and expense incurred or payable for the service shall be presented to the owner. If this bill is not paid within 30 days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the Village shall be recorded in the following manner and shall be filed within 60 days after the cost and expense is incurred:
A. 
A description of the real estate sufficient for identification thereof;
B. 
The amount of money representing the cost and expense incurred or payable for the service;
C. 
The date or dates when said cost and expense was incurred by the Village.
Notice of such lien claim shall be mailed to the owner of the premises if his address is known. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien.
Property subject to a lien for unpaid charges shall be sold nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the Village, after the lien is in effect for 60 days. Suit to foreclose this lien shall be commenced within two years after the date of filing a notice of lien.
The fines for violating § 286-14, which will be in addition to the cost, charges, liens, and the abatements required in § 286-14 through § 286-20 of this article, shall be in the following amounts:
A. 
For the first offense: $300.
B. 
For the second offense: $500.
C. 
For the third and any subsequent offenses: $750.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]