G54-11i
• Ordinance No. G54-11
AN ORDINANCE AMENDING CHAPTER 9.24
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "GARBAGE AND REFUSE"
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the
Illinois Constitution: and
WHEREAS, as a home rule unit,the City of Elgin may exercise any power and perform any
function pertaining to its government and affairs, including, but not limited to, the power to regulate
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for the protection of the public health, safety, morals and welfare, and to tax: and
WHEREAS, the city provides through a third-party contractor for Curbside Collection
Service providing for the weekly solid waste collection and disposal services at single-family
properties and certain multi-family properties in the City; and
WHEREAS, the city council of the City of Elgin has determined that it is necessary and
desirable to impose a tax or fee for such solid waste collection and disposal services to be imposed
upon the owner of the properties provided such services; and
WHEREAS, the provision of Curbside Collection Services for solid waste collection and
disposal for certain residential properties within the City of Elgin, and a tax or fee for such services
pertains to the government and affairs of the city.
NOW, THEREFORE, 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, `Garbage
and Refuse" be and is hereby further amended by adding thereto a new Section 9.24.125 thereto,
entitled "Solid Waste Collection and Disposal Services Fee" to read as follows:
"9.24.12 : SOLID WASTE COLLECTION AND DISPOSAL SERVICES FEE:
A. There is hereby established for each residential dwelling unit in the city
provided Curbside Collection Service a solid waste collection and disposal
services fee in the dollar amount per month of the city's cost to provide
such Curbside Collection Service.The city's cost to provide such Curbside
Collection Service shall be in the amount the city pays to the city's solid
waste collection contractor for the Curbside Collection Services, plus the
city's additional direct and indirect costs to provide such services.
B. There is hereby established for each residential dwelling unit in the City
provided the additional service of street rake-out leaf collection a fee in the
• dollar amount per month of the city's cost to provide such additional street
rake-out leaf collection service. The city's cost to provide such additional
street rake-out leaf collection service shall be the city's additional direct
and indirect costs to provide such services.
C. The owner of the property provided the Curbside Collection Service and
the additional street rake-out leaf collection service shall be responsible for
the solid waste collection and disposal services fee and the additional
street rake-out leaf collection service fee. Billing for such solid waste
collection and disposal services fee and the additional street rake-out leaf
collection service fee shall be included as separate line items on the water
bill and shall be sent to the property owner with the water bill and shall be
payable when the water bill is due. All monies paid on any water bill shall
first be applied to the solid waste collection services and disposal fee and
neat to the additional street rake-out leaf collection fee. Any remaining
money shall then be applied to the property owner's .water and sewer
account on the water bill. At the owner's request, the billing may be sent
to a non-owner occupant of the property, subject to the sole discretion of
the finance director, provided the customer has a favorable credit history
with the city; and provided that the owner of the property shall remain
jointly and severally liable for all charges.
D. If the city provides Curbside Collection Service to any structure that is
comprised of two or more units, but there is only one water bill sent for
service provided to that structure, then the solid waste collection and
disposal services fee and the additional street rake-out leaf collection fee
shall be imposed for each unit located within the structure and billed on
the one water bill for the property. For purposes of clarification and
example, for a condominium property where a single water bill is issued to
and paid by the condominium association, the solid waste collection and
disposal services fee and the additional street rake-out leaf collection fee,
if any, shall be billed for each dwelling unit within such condominium
property, and billed to the condominium association on the water bill for
such property.
E. All bills for the solid waste collection and disposal services fee and the
additional street rake-out leaf collection service fee not paid within the
first twenty (20) days after the same became due and payable shall be
considered delinquent accounts and subject to an additional late payment
charge equal to ten percent (10%) of the unpaid bill. A past-due notice
showing the amount due; including the late payment charge, shall be sent
to the customer demanding payment within ten (10) days of such notice.
Provided, when a solid waste collection and disposal services fee or
additional street rake-out leaf collection fee becomes delinquent and there
have been no prior delinquencies within the same calendar year for the
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property location, the above-described late payment charge will not be
assessed if all arrearages are paid within ten (10) days of the past-due
notice.
F. The solid waste collection and disposal services fee and the additional
street rake-out leaf collection service fee shall be billed and due and
payable from the owner of any property for which the city makes such
services available,whether or not the owner-or occupants of such property
actually has or puts out for disposal any solid waste or rakes out into the
street leaves for collection, the above fees and charges being a service
charge for the services being made available and rendered in the city."
Section 2. If any provision,clause, sentence,paragraph, section or part of this ordinance or
the application thereof to any person or circumstance shall, for any reason, be adjudged by a court of
competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or
invalidate the remainder of this ordinance and the application of such provision to other persons or
circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph,
section or part thereof directly involved in the controversy in which such judgment shall have been
rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent
of the city council that this ordinance would have been adopted had such unconstitutional or invalid
provision, clause, sentence, paragraph, section or part thereof had not been included.
• Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect on and after-January 1,2012,
upon its passage and publication in the manner provided by law.
David J. Ka gin, N46yor
Presented: December 21, 2011
Passed: December 21, 2011 • '��� "
Vote: Yeas: 6 Nays: 1 uaBSkc:.:
Recorded: December 21, 2011
Published: December 22, 2011
Attest:
Kimberly De\ ' , City Clerk