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VILLAGE OF ADDISON CODEChapter 15 – Refuse and Garbage(Amended in entirety by Ord. 02-75)§15-1. Definitions. §15-2. Receptacles--Maintenance. §15-3. Receptacles--Specifications. §15-5. Citations for Violations; Penalties and Procedures. Sec. 15-1. Definitions. [back to top] For the purposes of this Chapter, the following words or phrases shall have the meanings respectively ascribed to them by this Section: Garbage means wastes resulting from the handling, preparation, cooking and consumption of food; wastes from handling, storage and sale of produce. Refuse means combustible trash, including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture and bedding; noncombustible trash, including but not limited to construction debris, metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery and other mineral waste; street rubbish, including but not limited to street sweepings, dirt, leaves, catch-basin dirt and contents of litter receptacles. Village-authorized Contractor means the licensed scavenger service with which the Village has contracted to provide garbage and refuse collection and disposal services within the Village. Sec. 15-2. Receptacles–Maintenance. [back to top] It shall be the duty of every owner, owner's agent, or occupant of any house, building, flat or apartment or tenement in the Village where people reside, board or lodge and every owner, owner's agent or occupant of any commercial or industrial premises in the Village at all times to maintain in good order and repair a receptacle for garbage or refuse. (Ord. 93-92) Sec. 15-3. Receptacles–Specifications. [back to top] (A) All single-family, duplex or triplex dwelling units shall utilize either receptacles for garbage and refuse that have been supplied by the Village-authorized Contractor or receptacles that have a capacity of not less than ten (10) nor more than thirty-five (35) gallons and are provided with suitable handles. The receptacles shall be water tight and made of metal or plastic. Close fitting covers shall be kept on receptacles prior to pickup by Village-authorized Contractor, provided, however, close-fitting lids and/or receptacles for single family residences shall not be required if tied disposable plastic bags designed for garbage disposal are used. (B) Hotels, motels, restaurants, public uses, factory or industrial uses, hospitals, institutions, food takeout and catering kitchens, food stands, schools, churches, convents, grocery and meat markets, stores handling food items, and all other commercial establishments having disposable garbage and refuse shall cover and store all such refuse until the designated pickup days. All industrial and commercial establishments shall have garbage dumpsters of a minimum size of one (1) cubic yard. Steel drums of whatever size and garbage cans, other than garbage dumpster type containers or receptacles, are not permitted in conjunction with any commercial or industrial use. (C) All residential buildings having more than three (3) dwelling units shall have garbage dumpsters for the removal of their garbage and refuse. All garbage dumpsters shall be of the minimum size of one (1) cubic yard. Steel drums of whatever size and garbage cans, other than garbage dumpster type containers or receptacles, are not permitted for use in residential buildings having more than three (3) apartments or three (3) dwelling units. (D) The number of containers used and the number of pickups required shall be commensurate with the amount of accumulation of such garbage and refuse at any one establishment. Each business establishment, including industrial plants, shall provide the prescribed type of garbage containers at its place of business and arrange collection details only with the Village-authorized Contractor. Sec. 15-4. Deposit on Street, etc.; Placement on Curb for Collection; Collection by Village-authorized Contractor Only. [back to top] (A) No garbage, refuse or recyclable material of any kind shall be disposed of on any street, alley or public way, and no refuse receptacles and/or plastic bags, as described in Section 15-3, may be stored or placed on or upon the front yard of any property, except as hereinafter provided. Residential refuse receptacles and/or plastic bags as described in Section 15-3 may be placed on the curb no earlier than 6:00 PM the day prior to scheduled pickup by the Village-authorized Contractor. Tied disposable plastic bags may also be disposed of in receptacles. No such refuse shall be so placed that it can be blown about or scattered by the wind. (B) Empty containers must be removed from the curb no later than 12:00 midnight of the date of scheduled pickup by the Village-authorized Contractor. (C) No person other than the Village or Village authorized Contractor shall remove or collect refuse, garbage and/or recyclable materials of any kind which are to be disposed of pursuant to this Chapter. (D) Property owners whose property is serviced by the Village-authorized Contractor, or whose property is eligible to receive such services, shall pay the Contractor fee in accordance with the terms of the Village’s contract with the Contractor. Sec. 15-5. Citations for Violations; Penalties and Procedures. [back to top] The Police Department is authorized to place violation notices at any residence or other building at which a violation of this Chapter occurs and to cause a summons or warrant to be issued to commence prosecution against violators. If such penalties are paid directly to the Village of Addison in an envelope provided for such purpose by the Police Department within the ten (10) days from the date of issuance, such penalty shall be ten dollars ($10.00). If such penalty is not paid within ten (10) days, the Police Department shall ascertain the name of the owner of the building and cause to be mailed to the owner the goldenrod copy of the citation form marked "Final Notice." The Police Department shall enter a final notice date which shall be at least fifteen (15) days from the date of issuance of the final notice and shall enter the amount of two hundred dollars ($200.00) as total penalty on the citation. If such warrant or citation has not been paid by the final notice date, the Police Department shall place the matter on the court date of the officer issuing the citation. Such court date shall be at least thirty (30) days and no more than sixty (60) days from the date of the issuance of the notice to appear form. The court date shall then be entered on the notice along with the location of the court and with the fine of two hundred fifty dollars ($250.00). When a notice to appear has been issued and the proper court date has been entered together with the proper penalty including court costs, the Police Department shall cause the notice to appear to be served upon the defendant. If such defendant does not live within the corporate limits of the Village, the notice to appear shall be mailed to the defendant at the last known address by certified mail. If such violator fails to appear in response to the notice to appear which has been served upon him, either by personal service or by certified mail, the police officer shall swear to the complaint before the judge of the Circuit Court of the County. The Village shall have the option of taking affirmative action in maintaining such areas in good order and shall have the right to place a lien of record against the property to repay the Village for monies expended including court costs and fees. |
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