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HomeMy WebLinkAboutG24-92 CITY OF ELGIN ORDINANCE NO. G24-92 AN ORDINANCE AMENDING CHAPTER 9 .24 TO THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "GARBAGE AND REFUSE" ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 27TH DAY OF MAY, 1992 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 2nd day of June, 1992 . r STATE OF ILLINOIS ) ss . COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on May 27, 1992, the Corporate Authorities of such municipality passed and approved Ordinance No. G24-92, entitled "An Ordinance Amending Chapter 9 .24 to the Elgin Municipal Code, 1976, as Amended, Entitled "Garbage and Refuse, " which provided by its terms that it should be published in pamphlet form. rak The pamphlet form of Ordinance No. G24-92, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on June 2, 1992, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on June 2, 1992 . Municip Clerk (SEAL) r Ordinance No. G24-92 AN ORDINANCE AMENDING CHAPTER 9 .24 TO THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ENTITLED "GARBAGE AND REFUSE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Title 9 .24 . 020 entitled "Collection by the City" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : 9 .24 . 020 Collection by the city. A. Garbage and refuse collection service of those materials specified in subsection B of this section shall be provided to single-family residences, duplexes and apartment buildings containing five or less dwelling units located on public streets . Such collection service shall not be provided to any residence abutting private streets, schools, churches, commercial or industrial establishments . B. The collection service provided shall be limited to normal and customary refuse and garbage produced or occurring at the residence served and shall include waste resulting from the handling, preparation, cooking and consumption of food; combustible trash, including but not limited to paper, cartons, boxes, barrels, wood furniture, bedding; non-combustible trash, including but not limited to, metals, tin cans, furniture containing metal, and metal appliances such as stoves, refrigerators, freezers and washers . The collection service shall not include automobiles or auto parts, concrete, gravel, or dirt. It shall be unlawful for any person, firm or corporation to place or permit another to place prohibited garbage or other refuse on the tree bank or parkway adjoining a public street or alley. C. Garbage containers for city pickup shall be placed on the tree bank or parkway adjoining the public street or alley not later than seven a.m. on the collection day and not earlier than five p.m. of the preceding day. Containers shall be returned to their storage area within twelve hours of pickup. It shall be unlawful for any person, firm or corporation to place or permit another to place garbage or refuse on the tree bank or parkway adjoining a public street or alley at any other time. D. In the event of any violation of subsection B or C of this section, the City shall be authorized to arrange for the removal of the prohibited refuse or garbage. The costs of such removal shall be paid by the owner or occupant of the property located adjacent to the tree bank or parkway adjoining the public street or alley where the prohibited refuse or garbage is placed within ten days of notification of such refuse or garbage removal . Section 2 . That Title 9 .24 . 090 entitled "Penalty" of the Elgin Municipal Code, 1976 as amended, be and is further amended to read as follows : 9 .24 . 090 Penalty. A. Any person, firm or corporation violating any of the provisions of this chapter shall be fined as provided in Chapter 1 .20 of the code. Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense. Imposition of any penalty for violation of this chapter shall not be construed as a waiver of the right of the city to collect the cost of eft. removal of prohibited garbage and refuse in accordance with the provisions of this chapter. In addition, the Public Works Director is authorized to refuse collection services until such times as all the requirements of this chapter are met. Section 3 . That all ordinances or parts thereof in conflict with this ordinance are repealed. Section 4 . That this ordinance shall be in full force and effect from and after ten days after its passage and publication in the manner provided by law. f George nDeVoorde, Mayor Presented: May 27, 1992 Passed: May 27, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Published: Attest: i)(4„n4( .12.C.44.4...- r Dolonna Mecum, Ci y Clerk • in Xr _��+ Agenda Item No. I1 trik �� + H %ri n ne 1B May 5, 1992 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: Policy for Special Garbage Clean-ups PURPOSE: The intent of this memorandum is to document a procedure for City Council approval relative to isolated garbage set-outs. BACKGROUND: We have experienced situations on an infrequent, but consistent basis in the past whereby large volumes of gar- /► bage/refuse/debris have been placed on the parkway at specific loca- tionsf throughout the city. This type of occurrence creates a nui- sance in each specific neighborhood. The present garbage collection policy does not include collect- ing large volumes of refuse resulting from home abandonments, move- outs, evictions, fires, etc. Frequently, the property owner or ten- ant is unwilling or reluctant to arrange for proper clean-up. Accord- ingly, delays have been encountered in clearing away the refuse. Therefore, we believe a policy should be adopted by City Council action to define and streamline corrective actions to be taken by Public Works and BIS in the future. The attached procedure is includ- ed herewith for consideration. The same procedure is used by BIS for weed cutting. The collecting process includes an administrative fee to be charged to help deter repeat violations and cover processing costs . Chapter 9 .24 Garbage and Refuse has been amended by adding Para- graph D. to Title 9 .24 .020 Collection by the City. Also, Title 9 .24 .090 Penalty has been modified to allow the City to remove the material and collect costs for same. This policy procedure and ordinance amendment will insure that the public right-of-way will be cleaned up in a timely fashion. Debris on private property will remain the responsibility of BIS. MAYOR AND MEMBERS OF THE CITY COUNCIL May 5, 1992 411 Page 2 FINANCIAL IMPACT: This type of situation may be experienced six times per year. The costs for clean-up will vary, depending upon the magnitude of each problem. We estimate a cost in the magnitude of $750 per year. RECOMMENDATION: it is recommended the City Council approve the poli- cy procedure for special garbage clean-ups and approve the ordinance amending Chapter 9 .24 entitled "Garbage and Refuse" . Larry . Rice, Manager LLR:GWM:mg Attachments MDM0100/TEXT071/MEMOTOCN.0 47) I eft. 5-05-92 POLICY PROCEDURE SPECIAL GARBAGE CLEAN-UPS Special garbage clean-ups are defined as large volumes of gar- bage/refuse/debris which are placed on the parkway resulting from home abandonments, move-outs, evictions, fires, etc. The procedure is as follows : 1. DPW receives notice or complaint of problem. 2 . DPW verifies situation and volume involved. 3 . DPW notifies BIS with: a. Address and date. b. Volume and type of material involved. c. Description of the situation. d. Names of persons involved, if known. 4 . DPW notifies Elgin Wayne Disposal to make a special pick-up. 5. Elgin Wayne Disposal bills BIS directly for collection costs . 6 . BIS resolves the issue: a. Documents the event on private property which gave rise to material being placed in the public right- of-way. b. Pays Elgin Wayne Disposal bill. c. Proceeds with process to collect the hauling charg- es, plus an administrative fee, or place a lien on the property. MDM0100A/TEXT071/MEMOTOCN.0 Ordinance No. G 47) AN ORDINANCE AMENDING CHAPTER 9 .24 TO THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "GARBAGE AND REFUSE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 9 .24 .020 entitled "Collection by the City" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 9.24.020 Collection by the city. A. Garbage and refuse collection service of those materials specified in subsection B of this section shall be provided to single-family residences, duplexes and apartment buildings containing five or less dwelling units located on public streets. Such collection service shall not be provided to any residence abutting private streets, schools, churches, commercial or industrial establishments. B. The collection service provided shall beAl) limited to normal and customary refuse and garbage produced or occurring at the residence served and shall include waste resulting from the handling, preparation, cooking and consumption of food; combustible trash, including but not limited to paper, cartons, boxes, barrels, wood furniture, bedding; non-combustible trash, including but not limited to, metals, tin cans, furniture containing metal, and metal appliances such as stoves, refrigerators, freezers and washers. The collection service shall not include automobiles or auto parts, concrete, gravel, or dirt. It shall be unlawful for any person, firm or corporation to place or permit another to place prohibited garbage or other refuse on the tree bank or parkway adjoining a public street or alley. C. Garbage containers for city pickup shall be placed on the tree bank or parkway adjoining the public street or alley not later than seven a.m. on the collection day and not earlier than five p.m. of the preceding day. Containers shall be returned to their storage area within twelve hours of pickup. It shall be unlawful for any person, firm or corporation to place or permit another to place garbage or refuse on the tree bank or parkway 47) adjoining a public street or alley at any other time. eft D. In the event of any violation of subsection B or C of this section, the City shall be authorized to arrange for the removal of the prohibited refuse or garbage. The costs of such removal shall be paid by the owner or occupant of the property located adjacent to the tree bank or parkway adjoining the public street or alley where the prohibited refuse or garbage is placed within ten days of notification of such refuse or garbage removal . Section 2 . That Title 9 .24 .090 entitled "Penalty" of the Elgin Municipal Code, 1976 as amended, be and is further amended to read as follows: 9.24.090 Penalty. A. Any person, firm or corporation violating any of the provisions of this chapter shall be fined as provided in Chapter 1.20 of the code. Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense. Imposition of any penalty for violation of this chapter shall not be construed as a waiver of the right of the city to collect the cost of removal of prohibited garbage and refuse in accordance with the provisions of this chapter. In addition, the Public Works Director is authorized to refuse collection services until such times as all the requirements of this chapter are met. Section 3. That all ordinances or parts thereof in conflict with this ordinance are repealed. Section 4 . That this ordinance shall be in full force and effect from and after ten days after its passage and publication in the manner provided by law. George VanDeVoorde, Mayor Presented: Passed: Vote: Yeas Nays Recorded: Published: Attest: r Dolonna Mecum, City Clerk April 14, 1992 MEMORANDUM TO: James Kristiansen, Public Works Director FROM: Barbara Oklesen, Assistant Corporation Counsel SUBJECT: Ordinance Regarding the Pick Up of Garbage and Refuse In response to your memo of April 8, 1992, please review Chapter 9 .24 .030 Rules and Regulations. It appears that your additions regarding excessive or improperly packaged garbage and refuse is covered by this section. Therefore, I would suggest that we not include it in the newly revised Chapter 9 .24 . 020 . I fear that this would only cause confusion. The penalty section can be amended by adding the following language: "Any person, firm or corporation violating any of the provisions of this chapter shall be fined as provided in Chapter 1 .20 of the code. Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense. Imposition of any penalty for violation of this chapter shall not be construed as a waiver of the right of the city to collect the cost of removal of prohibited garbage and refuse in accordance with the revisions of this chapter. In addition, the Public Works Director is authorized to refuse collection services until such times as all the requirements of this chapter are met. " Therefore, I have re-revised the proposed ordinance. Also, the City Clerk was unable to locate a pamphlet containing the Rules and Regulations described in Chapter 9 . 24 . 030. The copy which you forwarded to my attention is highlighted. Therefore, perhaps we could give Loni a "clean" copy. Please contact me with any further questions or comments. ` —.11Ag BO E—Sc bdm APR 17 1992 CITY OF ELGIN ENGINEERING DEPT.