G80-02 �,�•• CITY OF ELGIN
ORDINANCE NO. G80-02
AN ORDINANCE
AMENDING CHAPTER 9.24AND 9.36 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "GARBAGE AND REFUSE" AND "STORAGE OF JUNK
AND WASTE MATTER", RESPECTIVELY
PASSED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 6TH DAY OF NOVEMBER 2002
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Published in pamphlet form by authority of the
City Council of the City of Elgin, Kane and
Cook Counties, Illinois, on this
8th day of November 2002.
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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 November 6, 2002, the Corporate Authorities of
such municipality passed and approved Ordinance No. G80-02 entitled " An Ordinance
Amending the Elgin Municipal Code, 1976, as Amended, Entitled "Garbage and
Refuse" and "Storage of Junk and Waste Matter", which provided by its terms that it
should be published in pamphlet form.
The pamphlet form of Ordinance No. G80-02, including the Ordinance and
a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the
municipal building commencing on November 8, 2002, 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 November 8, 2002
Municipal le
(SEAL)
1
Ordinance No. G80-02
AN ORDINANCE
AMENDING CHAPTERS 9 . 24 AND 9 . 36 OF THE ELGIN MUNICIPAL CODE,
1976, AS AMENDED, ENTITLED "GARBAGE AND REFUSE" AND
"STORAGE OF JUNK AND WASTE MATTER, " RESPECTIVELY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS,
Section 1 . That Chapter 9 . 24 of the Elgin Municipal Code,
1976, as amended, entitled "Garbage and Refuse, " be and is hereby
further amended to read as follows :
"Chapter 9 . 24
GARBAGE AND REFUSE
SECTION:
9 . 24 . 010 : Definitions
9 .24 . 020 : Containers; Collection Required
9 .24 . 030 : Curbside Service Regulations
9 . 24 . 040 : Prohibitions
9 . 24 . 050 : Removal of Solid Waste
9 . 24 . 060 : Lien; Lien Release
f►• 9 . 24 . 070 : Rules and Regulations
9 . 24 . 080 : Title To Refuse Carts and Recycling Carts
9 . 24 . 090 : Replacement of Refuse Carts and Recycling Carts
9 . 24 . 100 : Theft of Recyclables
9 . 24 . 110 : Storage of Refuse Carts and Recycling Carts
9 . 24 . 120 : Fees and Rates
9 .24 . 130 : Penalties
9 . 24 . 010 : DEFINITIONS :
APPLIANCE. "Appliance" or "white good" shall mean all discarded
refrigerators, ranges, water heaters, freezers, air conditioners,
humidifiers and other similar domestic large appliances, includ-
ing those containing CFCs (chlorofluorocarbons) , switches con-
taining mercury, and PCBs (polychlorinated biphenyl ' s) .
APPLIANCE STICKER. "Appliance sticker" shall mean the rectangular
sticker measuring approximately seven and one-half inches in
length and one and one-half inches in width that may be purchased
by curbside collection service customers at City offices, desig-
nated retailers within the City, or by mail , for affixing to
appliances or white goods placed for curbside collection service .
BULK ITEM. "Bulk item" or "large household item" shall mean any
discarded and unwanted trash compactors, microwaves, televisions,
pianos, organs, tables, chairs, mattresses, box springs, book-
cases, sofas, and similar furniture .
CURBSIDE. "Curbside" shall mean adjacent to the street pavement,
alley pavement and gutter and within two (2) feet thereof .
CURBSIDE COLLECTION SERVICE. "Curbside collection service" shall
mean the weekly solid waste collection and disposal services
performed curbside at a single-family stop or multi-family stop
utilizing refuse carts, recycling carts, disposal stickers and
appliance stickers to sort and identify solid waste acceptable
for pickup and disposal by the City' s solid waste collection
contractor.
CURBSIDE SERVICE UNIT. "Curbside service unit" shall mean each
single-family stop and each multi-family stop, which receives
curbside collection services provided by the City' s solid waste
collection contractor.
DEBRIS . "Debris" or "household construction and demolition de-
bris" shall mean waste materials from interior and exterior house
hold construction, remodeling and repair projects, including, but
not limited to drywall , plywood, and paneling pieces, lumber, and
other building materials; windows and doors, cabinets, carpeting,
disassembled bathroom and kitchen fixtures, and; small amounts of
sod and similar materials . Any such debris shall conform to the
following: loose small items shall be placed in suitable contain-
ers not exceeding forty-five (45) pounds in weight, or in bundles
not exceeding two (2) feet in diameter, five (5) feet in length,
and forty-five (45) pounds in weight .
DISPOSAL STICKER. "Disposal sticker" shall mean the rectangular
sticker measuring approximately seven and one-half inches in
length and one and one-half inches in width that may be purchased
by curbside collection service customers at City offices, desig-
nated retailers within the City, or by mail , for affixing to
refuse in excess of 64 gallons, bulk items, and yard waste placed
for curbside collection service .
DISPOSAL UNIT. "Disposal unit" shall be defined as follows :
A. For the purposes of refuse collection, a "disposal unit"
shall mean one (1) water-tight metal or plastic reusable
waste container with handles, or one (1) disposable plastic
refuse bag, no larger than forty (40) gallons in capacity or
forty-five (45) pounds, containing refuse or household con-
struction and demolition debris, securely tied or closed in
such a fashion so as to prevent the littering, leaking, or
scattering of refuse or debris; or one (1) securely tied
bundle of refuse or debris which is not placed in a con
tamer that does not exceed two (2) feet in diameter, five
(5) feet in length, and forty (45) pounds in weight; or one
(1) single miscellaneous or odd-shaped item of refuse or
debris that does not exceed forty-five (45) pounds in weigh
t . A large household item shall constitute a disposal unit .
eft Household construction and demolition debris shall
constitute a disposal unit .
B. For the purposes of yard waste collection, a "disposal unit"
shall mean one (1) biodegradable, two-ply, fifty (50) point
wet-strength, Kraft paper bag designed for yard waste col-
lection, not to exceed thirty-three (33) gallons in capacity
and forty-five (45) pounds in weight, containing yard waste,
or one (1) securely tied bundle of brush or branches using
biodegradable cord, string, rope or twine that does not
exceed forty-five (45) pounds in weight, two (2) feet in
diameter, and five (5) feet in length, that can be handled
for disposal by one (1) person.
HOUSEHOLD CONSTRUCTION AND DEMOLITION DEBRIS or DEBRIS . "House-
hold construction and demolition debris" or "debris" shall mean
waste materials from interior and exterior household construction
and remodeling and repair projects, including, but not limited to
drywall, plywood, and paneling pieces, lumber, and other building
materials; windows and doors, cabinets, carpeting, disassembled
bathroom and kitchen fixtures, and; small amounts of sod and
similar materials . Any such debris shall conform to the follow-
ing: loose small items shall be placed in suitable containers not
exceeding forty-five (45) pounds in weight, or in bundles not
exceeding two (2) feet in diameter, five (5) feet in length, and
forty-five (45) pounds in weight .
LANDSCAPE WASTE. "Landscape waste" or "yard waste" shall include
grass clippings, leaves, branches and brush, other yard and gar-
den trimmings, vines, garden plants, and flowers, weeds, tree
droppings (for example, pine cones and crab apples) , and other
similar organic waste materials accumulated as the result of the
cultivation and maintenance of lawns, shrubbery, vines, trees,
and gardens . Christmas trees shall also be considered landscape
waste .
LARGE HOUSEHOLD ITEM. "Large household item" or "bulk item" shall
mean any discarded and unwanted trash compactors, microwaves,
televisions, pianos, organs, tables, chairs, mattresses, box
springs, bookcases, sofas, and similar furniture .
MULTI-FAMILY STOP. "Multi-family stop" shall be defined as fol-
lows :
A. A multi-family stop shall include townhomes or condominiums
with individual driveways that receive curbside service and
may also be referred to as a "multi-family curbside stop" or
"multi-family curbside household, " as designated in the
City' s contract for solid waste collection and disposal
services with a third-party provider placed on file with the
City Clerk, or the rules and regulations promulgated by the
Public Works Director or his or her designee in accordance
with the provisions of this chapter.
B. A multi-family stop shall include townhomes or condominiums
eik serviced by common waste containers (i . e . , dumpsters or
carts) located within a refuse area (i . e . , a partially en-
closed area where dumpsters or carts are placed) and may
also be referred to as a "multi-family dumpster stop" or
"multi-family household, " as designated in the City' s cur-
rent contact for solid waste collection and disposal ser-
vices with a third-party provider placed on file with the
City Clerk, or the rules and regulations promulgated by the
Public Works Director or his or her designee in accordance
with the provisions of this chapter.
RECYCLABLES or RECYCLABLE MATERIALS . "Recyclables" or "recyclable
materials" shall include, but not be limited to, brown paper
bags; corrugated boxes; frozen food packages; magazines and cata-
logs; mixed paper; newspaper; paperboard; telephone books; wet
strength carrier stock; aerosol cans; aluminum cans; aluminum
foil ; aseptic packaging and gable top containers; formed steel
containers; glass bottles and jars; plastic containers, bottles,
jars and jugs #1 through #5 and #7; plastic six- and twelve-pack
rings; steel cans; steel paint cans and lids, and; household
batteries .
REFUSE . "Refuse" shall mean all discarded and unwanted putrescib
le and non-putrescible household and kitchen wastes, including
but not limited to, food, food residues and materials necessarily
used for packaging, storing, preparing, and consuming same, usu-
ally defined as "garbage" ; all combustible and non-combustible
waste materials resulting from the usual routing of domestic
housekeeping, including but not limited to, aluminum and steel
cans; glass containers; plastic containers; crockery and other
containers; metal ; paper of all types, including newspapers,
books, magazines, and catalogs; boxes and cartons; cold ashes;
tires; furniture, furnishings and fixtures, household appliances
of all kinds; textiles and leather; toys and recreational equip-
ment, and; similar items . Sod and greenery from wreaths and gar-
lands also constitutes refuse . For the purposes of this defini-
tion the terms "garbage, " "refuse, " "rubbish" and "waste" shall
be synonymous unless otherwise more specifically defined in this
section.
REFUSE BAG. "Refuse bag" shall mean the sixteen-gallon bag that
may be purchased by curbside collection service customers at City
offices, designated retailers within the City, or by mail , for
the disposal of refuse placed for curbside collection service .
REFUSE CART. "Refuse cart" shall mean the grey-colored, standard
64-gallon, optional 35-gallon, or the optional fee-based 96-gal-
lon wheeled cart provided to residents by the City for the dis-
posal of refuse .
RECYCLING CART. "Recycling cart" shall mean the blue-colored,
standard 64-gallon or optional 35-gallon wheeled cart provided to
residents by the City for the disposal of recyclables .
eft SINGLE-FAMILY STOP. "Single-family stop" shall mean any single-
family detached dwelling or multiple-family dwellings consisting
of five (5) dwelling units or less, and designated duplex dwell-
es" ing units receiving curbside service as designated in the city' s
current contract for solid waste collection and disposal services
with a third-party provider placed on file with the City Clerk or
the rules and regulations promulgated by the Public Work Director
in accordance with the provisions of this chapter.
SOLID WASTE. "Solid waste" shall mean all refuse, recyclables,
yard waste, household construction and demolition debris, large
household items, appliances, white goods, street sweepings, and
other waste .
STOP. "Stop" shall mean a "single-family stop" or a "multi-family
stop" as those terms are defined in this section.
WHITE GOOD. "White good" or "appliance" shall mean all discarded
refrigerators, ranges, water heaters, freezers, air conditioners,
humidifiers and other similar domestic large appliances, includ-
ing those containing CFCs (chlorofluorocarbons) , switches con-
taining mercury, and PCBs (polychlorinated biphenyl' s) .
YARD WASTE or LANDSCAPE WASTE . "Yard waste" or "landscape waste"
shall include grass clippings, leaves, branches and brush, other
yard and garden trimmings, vines, garden plants, and flowers,
weeds, tree droppings (for example, pine cones and crab apples) ,
and other similar organic waste materials accumulated as the
result of the cultivation and maintenance of lawns, shrubbery,
vines, trees, and gardens . Christmas trees shall also be consid-
ered yard waste .
9 . 24 . 020 : CONTAINERS; COLLECTION REQUIRED:
A. No solid waste of any kind shall be deposited in any street,
alley or public place, for curbside collection service ex-
cept as provided in this Chapter.
B. It shall be the duty of every owner, tenant, lessee or occu-
pant residing at or otherwise occupying a single-family stop
or multi-family stop to deposit all solid waste placed for
curbside collection service as provided in this Chapter.
C. Those establishments and premises for which curbside collec-
tion service by the City is not provided pursuant to the
City' s then current contact for solid waste collection and
disposal services with a third-party provider placed on file
with the City Clerk shall remove or cause the removal of
solid waste not less than once a week or more often as may
be necessary as determined by the Community Development
Manager or his or her designee to keep the establishment or
premises free of accumulated solid waste .
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9 . 24 . 030 : CURBSIDE SERVICE REGULATIONS :
Unless otherwise provided by special agreement for extra services
between a single-family stop or multi-family stop and the City' s
solid waste collection contractor, subject to reasonable fees for
extra services, persons receiving curbside service collection
shall comply with the following regulations as a condition to
regular curbside service collection:
A. All solid waste shall be placed in the appropriate refuse
cart or recycling cart in accordance with the following
procedures :
1 . The grey-colored refuse carts shall be used for the
disposal of refuse and recyclables .
2 . The blue-colored recycling carts shall be used solely
for recyclables .
B. Refuse carts, recycling carts and solid waste disposal units
shall be placed on the tree bank or parkway adjoining the
public or private street or alley not later than 7 : 00 A.M.
on the collection day and not earlier that 5 : 00 P.M. on the
day preceding collection.
C. Any solid waste placed for curbside collection which is not
�►* contained in either a refuse cart or a recycling cart shall
not be collected by the City' s solid waste collection con-
tractor unless the solid waste being placed for curbside
collection meets at least one of the following qualifica-
tions :
1 . The solid waste consists of refuse contained within a
disposal unit on which a valid disposal sticker has
been affixed.
2 . The solid waste consists of refuse contained within a
refuse bag.
3 . The solid waste consists of yard waste contained within
a disposal unit on which a valid disposal sticker has
been affixed.
4 . The solid waste is a bulk item on which a valid dis-
posal sticker has been affixed.
5 . The solid waste is an appliance or white good on which
a valid appliance sticker has been affixed.
6 . The solid waste consists of brush or branches that have
been bundled and securely tied as a disposal unit .
7 . The solid waste consists of household construction and
demolition debris contained within a disposal unit on
which a valid disposal sticker has been affixed.
8 The solid waste consists of leaves that have been de-
posited in a paper yard waste bag and placed for curb-
side collection service on or between the third Monday
of October and November 30tH
9 . The solid waste is a Christmas tree that has been plac
ed for curbside collection service on or between Decem-
ber 26' and January 15t''.
D. One (1) disposal sticker shall be required to dispose of
each properly prepared disposal unit of refuse, yard waste,
household construction or demolition debris or each bulk
item placed for curbside collection service .
E. One (1) appliance sticker shall be required to dispose of
each properly prepared appliance or white good placed for
curbside collection service .
9 . 24 . 040 : PROHIBITIONS :
A. No person shall allow any solid waste, refuse cart, recy-
cling cart or refuse container to remain along, at, or near
any public street, sidewalk, tree bank or parkway, or in any
area visible from a public street or in public view, with
the exception of alleys, except :
1 . Between the hours of 5 : 00 p.m. of the day preceding the
person' s weekly collection day and 12 : 00 midnight of
such collection day; or
2 . During any period in which regular curbside collection
service is interrupted or delayed.
B. All refuse carts and recycling carts obtained from the
City' s solid waste collection contractor shall be maintained
in a reasonably sanitary condition, free from obnoxious
odors and from attachments of solid waste likely to create
breeding grounds for insects or vermin, beyond that inciden-
tal to solid waste deposited since the previous collection.
C. No person receiving curbside collection service shall use
any container for solid waste collection purposes other than
the refuse carts and recycling carts which are provided
either by the City or the City' s solid waste collection
contractor unless such container meets each of the following
requirements :
1 . The container is a watertight metal or plastic reusable
waste container with handles, or a disposable plastic
refuse bag.
2 . The container is no larger than forty (40) gallons in
capacity or forty-five (45) pounds in weight .
3 . The container is securely tied or closed in such a
fashion so as to prevent the littering, leaking, or
scattering of refuse or debris .
4 . A valid disposal sticker has been affixed to the con-
tainer.
D. No person shall discard any solid waste other than recyclabl
es in the recycling carts .
E . No person shall use the refuse cart or recycling cart of
another person for disposal of solid waste without the con-
sent of such other person.
F. No person shall remove any solid waste, recyclable materials
No yard waste from a refours e cart or recycling cart , or from
the property area where the solid waste, recyclable materi-
als or yard waste has been placed for curbside collection
service, except (1) those persons entitled to the use of the
refuse cart or recycling cart or the property area used for
the disposal of their solid waste, (2) the City' s solid
waste collection contractor, or (3) the City.
rik G. No person shall damage alter the appearance of a refuse
cart or recycling cart .
H. No person shall remove or relocate any refuse cart or recy-
cling cart from the curbside service unit to which it was
furnished or supplied by the City or the City' s solid waste
collection contractor.
I . No person shall remove a disposal sticker that has been
affixed to a disposal unit or an appliance sticker that has
been affixed to an appliance or white good except those
persons who purchased and affixed the disposal sticker or
appliance sticker.
J. No person shall deface a disposal sticker that has been
affixed to a disposal unit or an appliance sticker that has
been affixed to an appliance or white good.
K. No person may resell a disposal sticker or appliance sticker
in which the original adhesive backing cover of that dis-
posal sticker or appliance sticker has been replaced or
removed.
9 . 24 . 050 : REMOVAL OF SOLID WASTE :
A. In addition to the other remedies provided in this Code, the
City may cause the removal of solid waste from private pre-
mises, including the treebank or parkway adjacent to any
private premises, where it has accumulated in violation of
this Chapter, provided written notice of said removal is
served upon the owner, operator or occupant, or posted on
the private premises where the solid waste has unlawfully
accumulated, forty-eight (48) hours prior to said removal .
For purposes of this Section, the person who last paid the
real estate taxes on the premises shall be deemed the owner.
The Community Development Manager or his or her authorized
representative may take all reasonable and necessary actions
to correct the violation. Such actions may include the entry
upon private lands at reasonable times and under reasonable
circumstances to remove solid waste that has accumulated in
violation of this Chapter. If, after the lapse of the afore-
said forty-eight (48) hour period, such owner, operator or
occupant of such property refuses or neglects to remove such
solid waste from the private premises or the treebank or
parkway adjacent to any private premises, the City shall
cause such solid waste to be removed from the private pre-
mises or the treebank or parkway adjacent to the private
premises and shall cause the actual cost of such removal
plus an administrative fee in the amount of $50 . 00 to be
billed to owner, operator or occupant of such property,
which amount shall be paid over to the City. The cost of
such removal and the administrative fee shall be paid within
ten (10) days after the mailing of a statement of the costs
fok of removal and fees to owner, operator or occupant of such
property.
B. Notwithstanding other provisions of this Chapter, whenever,
in the opinion of the Community Development Manager or his
or her designee, the accumulation of solid waste on any
property within the City creates an imminent danger due to
the nature of the solid waste or the adverse environmental
effects from such accumulated solid waste, the Community
Development Manager or his or her designee shall order the
necessary removal and any related cleanup of the accumulated
solid waste and shall cause such other action to be taken as
deemed necessary to meet such emergency. The Community De-
velopment Manager or his or her designee shall employ the
necessary labor and materials to perform the required work
as expeditiously as possible and the cost incurred in the
City' s performance of the emergency work shall be paid by
the owner, operator or occupant of the premises where the
solid waste has unlawfully accumulated. When the unlawfully
accumulated solid waste is located within a treebank or
parkway adjacent to any private premises, the cost incurred
in the City' s performance of the emergency work for removing
the unlawfully accumulated solid waste shall be paid by the
owner, operator or occupant of the premises adjacent to the
treebank or parkway from which the unlawfully accumulated
re- solid waste has been removed.
C. Whenever any solid waste has accumulated on a treebank or
parkway adjacent to any private premises in violation of
subsection B or subsection C of this section, there shall be
a rebuttable presumption that the owner, operator or occu-
pant of the private premises adjacent to the treebank or
parkway on which the solid waste has accumulated, has depos-
ited or otherwise consented to the placement of the solid
waste in that treebank or parkway.
9 .24 . 060 : LIEN; LIEN RELEASE :
A. When the City has removed solid waste from private premises
in accordance with Section 9 . 24 . 050 of this Chapter, and
such owner, operator or occupant refuses or neglects to pay
the cost of the City' s removal of solid waste and the admin-
istrative fee for such removal within ten (10) days after
the City' s mailing of a statement of the costs of removal
and fees, the Community Development Manager or his or her
designee, on behalf of the City, shall file a notice of lien
within sixty (60) days after such cost and expense is in-
curred in the office of the recorder of deeds of the county
in which the property is located. Said lien shall be a lien
against the real estate superior to all other liens and
encumbrances except tax liens . However, said liens shall not
be valid to any purchaser whose rights in and to such real
estate have arisen subsequent to the removal of the solid
waste and prior to the filing of notice of lien, and said
[ lien shall not be valid as to any mortgagee, judgment, cred-
itor or other lien payment whose rights in and to such real
estate arise prior to the filing of such notice . The notice
of lien shall consist of a sworn statement, setting out a
description of the real estate sufficient for the identifi-
cation thereof, the amount of money representing the cost
and expense and administrative fee incurred and payable for
the service, and the date or dates when such cost and ex-
pense and administrative fee was incurred.
B. After the notice of lien provided for in subsection A of
this section has been filed, upon payment to the City for
the cost and expense of said lien and payment of the release
of lien fee by the owner or any other persons interested in
the property, the lien shall be released by the City Clerk
on behalf of the City. The fee for issuing a release of lien
filed pursuant to this Chapter shall be $25 . 00 .
9 .24 . 070 : RULES AND REGULATIONS :
The Public Works Director or his or her designee shall have the
authority to establish and amend rules and regulations, not in
conflict with the provisions of this Chapter, concerning any such
other matters pertaining to the collection, conveyance and dis-
posal of solid waste as he or she may deem necessary. Such rules
and regulations shall be placed on file with the City Clerk. It
is unlawful for any person to violate such rules and regulations .
9 . 24 . 080 : TITLE TO REFUSE CARTS AND RECYCLING CARTS :
All refuse carts and recycling carts shall remain the property of
the City and shall not be removed from the property to which it
was furnished or supplied by the City or the City' s solid waste
collection contractor without the written consent of the City.
9 . 24 . 090 : REPLACEMENT OF REFUSE CARTS AND RECYCLING CARTS :
Any damage to or loss of a refuse cart or recycling cart shall be
reported to the Public Works Director or his or her designee by
the primary user of the refuse cart or recycling cart or by the
person responsible for the damage or loss within twenty four (24)
hours of the damage or loss .
9 . 24 . 100 : THEFT OF RECYCLABLES :
It shall be unlawful for any person to collect, obtain, possess
or pick up any recyclable placed in or adjacent to a recycling
cart placed for curbside collection service or from any container
on City property, unless said person has a contract with the City
for the collection of recyclable materials . Any person found to
be in violation of this Section shall be fined in accordance with
the provisions of this Chapter.
9 . 24 . 110 : STORAGE OF REFUSE CARTS AND RECYCLING CARTS :
Notwithstanding any provision of Title 19 of this Code to the
contrary, a refuse cart or recycling cart may be stored only in a
rear or side yard and not forward of a principal building.
9 . 24 . 120 : FEES AND RATES :
The fees and rates associated with the curbside collection ser-
vices shall be as established in the City' s then current contract
for solid waste collection and disposal services placed on file
with the City Clerk.
9 .24 . 130 : PENALTIES :
A. First Offense . Any person found guilty of violating any
provision of this Chapter shall be fined not less than fifty
dollars ($50 . 00) for the first offense .
B. Second Offense . Any person found guilty of violating any
provision of this Chapter for the second time within any
one-year period shall be fined not less than two hundred
fifty dollars ($250 . 00) .
C. Third and Subsequent Offense . Any person found guilty of
violating any provision of this Chapter for the third time,
or any subsequent time thereafter, within any one-year pe-
riod shall be fined not less than five hundred dollars
($500 . 00) .
D. Each day during which a violation of this Chapter continues
or is permitted to exist shall be considered a separate and
distinct offense .
E . The imposition of any penalty for a violation of this Chap-
ter shall not be construed as a waiver of the right of the
City to collect the cost of removing unlawfully accumulated
solid waste in accordance with the provisions of this Chap-
ter. "
Section 2 . That Chapter 9 . 36 of the Elgin Municipal Code,
1976, as amended, entitled "Storage of Junk and Waste Matter, " be
and is hereby further amended to read as follows :
"Chapter 9 . 36
STORAGE AND DISPOSAL OF JUNK AND WASTE MATTER
SECTION:
9 . 36 . 010 : Definitions
9 . 36 . 020 : Junkyards Prohibited
9 . 36 . 030 : Prohibitions
9 . 36 . 040 : Removal By City
9 . 36 . 050 : Lien; Lien Release
9 . 36 . 060 : Penalty For Violation
ro. 9 . 36 . 010 : DEFINITIONS :
A. "Household construction and demolition debris" is defined in
this Chapter to include all waste materials from interior
and exterior household construction, remodeling and repair
projects, including, but not limited to drywall, plywood,
and paneling pieces, lumber, and other building materials;
windows and doors, cabinets, carpeting, disassembled bath-
room and kitchen fixtures; and small amounts of sod and
similar materials .
B. "Junk" is defined in this Chapter to include all scrap met-
als and their alloys, bones, rags, used cloth, used rubber,
used rope, used tin foil , used bottles, old or used machin-
ery, used tools, used appliances, used structures, used
utensils, used lumber, used boxes or crates, used pipe or
pipe fittings, unlicensed, inoperable or abandoned motor
vehicles, and other manufactured goods that are so worn,
deteriorated or obsolete as to make them unusable in their
existing condition, but are subject to being dismantled.
C. "Large household item" is defined in this Chapter to
include, but not be limited to, discarded and unwanted trash
compactors, microwaves, televisions, pianos, organs, tables,
chairs, mattresses, box springs, bookcases, sofas, and simi-
lar furniture .
D. "Litter" is defined in this Chapter to include all refuse,
eft. recyclables, yard waste, household construction and demoli-
tion debris, large household items, white goods and other
waste.
E. "Recyclables" is defined in this Chapter to include, but not
be limited to, brown paper bags; corrugated boxes; frozen
food packages; magazines and catalogs; mixed paper; newspa-
per; paperboard; telephone books; wet strength carrier
stock; aerosol cans; aluminum cans; aluminum foil ; aseptic
packaging and gable top containers; formed steel containers;
glass bottles and jars; plastic containers, bottles, jars
and jugs #1 through #5 and #7 ; plastic six and twelve pack
rings; steel cans; steel paint cans and lids; and household
batteries .
F. "Refuse" is defined in this Chapter to include all discarded
and unwanted putrescible and non-putrescible household and
kitchen wastes, including but not limited to, food, food
residues, and materials necessarily used for packaging,
storing, preparing, and consuming same, usually defined as
"garbage" ; and all combustible and non-combustible waste
materials resulting from the usual routing of domestic house
keeping, including but not limited to, aluminum and steel
cans; glass containers; plastic containers; crockery and
other containers; metal ; paper of all types, including news-
'` papers, books, magazines, and catalogs; boxes and cartons;
cold ashes; tires; furniture, furnishings, and fixtures,
household appliances of all kinds; textiles and leather;
toys and recreational equipment; and similar items .
G. "Solid waste" is defined in this Chapter to include all
refuse, recyclables, yard waste, household construction and
demolition debris, large household items, white goods and
other waste .
H. "White good" is defined in this Chapter to include, but not
be limited to, all discarded refrigerators, ranges, water
heaters, freezers, air conditioners, humidifiers and other
similar domestic large appliances, including those contain-
ing CFCs (chlorofluorocarbons) , switches containing mercury,
and PCBs (polychlorinated biphenyl ' s) .
I . "Yard waste" is defined in this Chapter to include all grass
clippings, leaves, branches and brush, other yard and garden
trimmings, vines, garden plants, and flowers, weeds, tree
droppings (for example, pine cones and crab apples) , and
other similar organic waste materials accumulated as the
result of the cultivation and maintenance of lawns, shrub-
bery, vines, trees, and gardens . Christmas trees shall also
be considered landscape waste . Sod and greenery from wreaths
and garlands shall not be considered landscape waste and
shall be disposed of as refuse .
9 . 36 . 020 : JUNKYARDS PROHIBITED:
A. The operation or existence of so-called junkyards or places
for the accumulation of solid waste, scrap, waste material,
debris and other material commonly described as junk, within
the corporate limits of the City or within one mile thereof,
is defined and declared to be a nuisance .
B. It is unlawful, within the corporate limits of the City or
within one mile thereof, for any person, firm or corporation
to operate such junkyards or business aforesaid or cause or
permit the accumulation in open yards or places of solid
waste, scrap, waste material or junk.
9 . 36 . 030 : PROHIBITIONS :
A. It is unlawful for any person who is the owner or the tenant
in possession of private property upon which is strewn or
littered solid waste or junk to fail to remove said solid
waste or junk after receipt of written notice from the
City' s Department of Code Administration and Development
Services .
B. No person shall dump, deposit, drop, throw, discard leave or
cause or permit the dumping, depositing, dropping, throwing,
discarding or leaving of any solid waste, junk or litter
e°` upon any public or private property in the City, or upon or
into any river, lake, pond, or other stream or body of water
in the City, unless :
1 . The property has been designated by the City, or the
State or any of its agencies, political subdivisions,
units of local government or school districts for the
disposal of solid waste or litter, and the solid waste
or litter is disposed of on that property in accordance
with the applicable rules and regulations of the Illi-
nois Pollution Control Board;
2 . The solid waste or litter is placed into a receptacle
or other container intended by the owner or tenant in
lawful possession of that property for the deposit of
that solid waste or litter;
3 . The person is acting under the direction of proper
public officials during special cleanup days; or
4 . The person is lawfully acting in or reacting to an
emergency situation where health and safety are threat-
ened, and removes and properly disposes of such solid
waste or litter, including, but not limited to, poten-
tially infectious medical waste as defined in Section
3 . 84 of the Environmental Protection Act (415 ILCS
5/3 . 84) when the emergency situation no longer exists .
C. Whenever solid waste, junk or litter is thrown, deposited,
tow dropped, or dumped from any motor vehicle, boat or other
conveyance in violation of subsection B of this section, it
shall be prima-facie evidence that the operator of the con-
veyance has violated this section.
D. Except as provided in subsection C of this section, whenever
any solid waste, junk or litter which is dumped, deposited,
thrown, or left on public or private property in violation
of subsection B of this section and is discovered to contain
any article or articles, including but not limited to let-
ters, bills, publications, or other writings which display
the name of a person thereon in such a manner as to indicate
that the article belongs or belonged to such person, it
shall be a rebuttable presumption that such person has vio-
lated this section.
9 . 36 . 040 : REMOVAL BY CITY:
A. In addition to the other remedies provided in this Code, the
City may cause the removal of solid waste or junk from pri-
vate premises, including the treebank or parkway adjacent to
any private premises, where it has accumulated in violation
of this Chapter, provided written notice of said removal is
served upon the owner, operator or occupant, or posted on
the private premises where the solid waste or junk has un-
emb. lawfully accumulated, forty-eight (48) hours prior to said
removal . For purposes of this Section, the person who last
paid the real estate taxes on the premises shall be deemed
the owner. The Community Development Manager or his or her
authorized representative may take all reasonable and neces-
sary actions to correct the violation. Such actions may
include the entry upon private lands at reasonable times and
under reasonable circumstances to remove solid waste or junk
that has accumulated in violation of this Chapter. If, after
the lapse of the aforesaid forty-eight (48) hour period,
such owner, operator or occupant of such property refuses or
neglects to remove such solid waste or junk from the private
premises or the treebank or parkway adjacent to any private
premises, the City shall cause such solid waste or junk to
be removed from the private premises or the treebank or
parkway adjacent to the private premises and shall cause the
actual cost of such removal plus an administrative fee in
the amount of $50 . 00 to be billed to owner, operator or
occupant of such property, which amount shall be paid over
to the City. The cost of such removal and the administrative
fee shall be paid within ten (10) days after the mailing of
a statement of the costs of removal and fees to owner, oper-
ator or occupant of such property.
B. Notwithstanding other provisions of this Chapter, whenever,
(01.- in the opinion of the Community Development Manager or his
or her designee, the accumulation of solid waste or junk on
any property within the City creates an imminent danger due
to the nature of the solid waste or junk or the adverse
environmental effects from such accumulated solid waste or
junk, the Community Development Manager or his or her design
ee shall order the necessary removal and any related cleanup
of the accumulated solid waste or junk and shall cause such
other action to be taken as deemed necessary to meet such
emergency. The Community Development Manager or his or her
designee shall employ the necessary labor and materials to
perform the required work as expeditiously as possible and
the cost incurred in the City' s performance of the emergency
work shall be paid by the owner, operator or occupant of the
premises where the solid waste or junk has unlawfully accu-
mulated. When the unlawfully accumulated solid waste or junk
is located within a treebank or parkway adjacent to any
private premises, the cost incurred in the City' s perfor-
mance of the emergency work for removing the unlawfully
accumulated solid waste or junk shall be paid by the owner,
operator or occupant of the premises adjacent to the treeba
nk or parkway from which the unlawfully accumulated solid
waste or junk has been removed.
C. Whenever any solid waste has accumulated on a treebank or
parkway adjacent to any private premises in violation of
subsection B or subsection C of this section, there shall be
a rebuttable presumption that the owner, operator or occu-
pant of the private premises adjacent to the treebank or
parkway on which the solid waste has accumulated, has depos-
ited or otherwise consented to the placement of the solid
waste in that treebank or parkway.
9 . 36 . 050 : LIEN; LIEN RELEASE :
A. When the City has removed solid waste or junk from private
premises in accordance with Section 9 . 36 . 030 of this Chap-
ter, and such owner, operator or occupant refuses or
neglects to pay the cost of the City' s removal of solid
waste or junk and the administrative fee for such removal
within ten (10) days after the City' s mailing of a statement
of the costs of removal and fees, the Community Development
Manager or his or her designee, on behalf of the City, shall
file a notice of lien within sixty (60) days after such cost
and expense is incurred in the office of the recorder of
deeds of the county in which the property is located. Said
lien shall be a lien against the real estate superior to all
other liens and encumbrances except tax liens . However, said
liens shall not be valid to any purchaser whose rights in
and to such real estate have arisen subsequent to the re-
moval of the solid waste or junk and prior to the filing of
notice of lien, and said lien shall not be valid as to any
mortgagee, judgment, creditor or other lien payment whose
rights in and to such real estate arise prior to the filing
of such notice . The notice of lien shall consist of a sworn
statement, setting out a description of the real estate
sufficient for the identification thereof, the amount of
money representing the cost and expense and administrative
fee incurred and payable for the service, and the date or
dates when such cost and expense and administrative fee was
incurred.
B. After the notice of lien provided for in Section 9 . 36 . 040 of
this Chapter has been filed, upon payment to the City for
the cost and expense of said lien and payment of the release
of lien fee by the owner or any other persons interested in
the property, the lien shall be released by the City Clerk
on behalf of the City. The fee for issuing a release of lien
filed pursuant to this Chapter shall be $25 . 00 .
9 . 36 . 060 : PENALTY FOR VIOLATION:
A. First Offense . Any person found guilty of violating any
provision of this Chapter shall be fined not less than fifty
dollars ($50 . 00) for the first offense, provided, however,
that any person found guilty of violating Section 9 . 36 . 030B
of this Chapter shall be fined not less than two hundred
fifty dollars ($250 . 00) for the first offense .
B. Second Offense . Any person found guilty of violating any
provision of this Chapter for the second time within any
one-year period shall be fined not less than two hundred
fifty dollars ($250 . 00) , provided, however, that any person
found guilty of violating Section 9 . 36 . 030B of this Chapter
for the second time within any one-year period shall be
fined not less than five hundred dollars ($500 . 00) for the
second offense .
C. Third and Subsequent Offense . Any person found guilty of
violating any provision of this Chapter for the third time,
or any subsequent time thereafter, within any one-year pe-
riod shall be fined not less than five hundred dollars
($500 . 00) , provided, however, that any person found guilty
of violating Section 9 . 36 . 030B of this Chapter for the third
time, or any subsequent time thereafter, within any one-year
period shall be fined not less than one thousand dollars
($1000 . 00) .
D. Each day during which a violation of this Chapter continues
or is permitted to exist shall be considered a separate and
distinct offense .
E. The imposition of any penalty for a violation of this Chap-
ter shall not be construed as a waiver of the right of the
City to collect the cost of removing unlawfully accumulated
solid waste in accordance with the provisions of this Chap-
ter. "
Section 3 . Severability. If any provision of this ordinance
or its application to any person or under any circumstances is
adjudged invalid, such adjudication shall not affect the validity
of the ordinance as a whole or of any portion not adjudged in-
valid.
Section 4 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are hereby
repealed.
Section 5 . That this ordinance shall be in full force and
effect upon its passage and publication in the manner provided by
law.
f s[
d Schock, Mayor
Presented: November 6, 2002
Passed: November 6, 2002
Vote : Yeas : 6 Nays : 1
Recorded: November 7, 2002
Published: November 8, 2002
Attest :
Dolonna Mecum, City Clerk
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