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G46-12 sr lJ i Ordinance No. G46-12 AN ORDINANCE PROVIDING FOR VARIOUS EDITORIAL AND TECHNICAL AMENDMENTS TO THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending all remaining references to either the "Planning and Development Commission" or the "Zoning and Subdivision Hearing Board" to read the "Planning and Zoning Commission". Section 2. That Section 19.70.070 of the Elgin Municipal Code, 1976,as amended,entitled "Procedures" be and is hereby further amended by amending subparagraph B thereof to read as follows: "B. Planning and Zoning Commission: The Planning and Zoning Commission shall hold a public hearing pertaining to the application of which there shall be taken an accurate verbatim account in transcript form. The Planning and Zoning Commission may grant the variation. • An application for a variation involving a map amendment shall be processed through the Planning and Zoning Commission. Such application shall be processed through the Planning and Zoning Commission concurrently with the map amendment." Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby further amended by deleting any remaining references to Class O liquor licenses. Section 4. That Section 6.06.050 of the Elgin Municipal Code, 1976,as amended,entitled "Licenses; Number to be Issued" be and is hereby further amended by deleting subparagraph Q thereof which pertains to a Class V license and by relettering the remaining subparagraphs thereafter accordingly. Section 5. That Section 11.40.095 of the Elgin Municipal Code, 1976,as amended,entitled "Vehicle Seizure and Impoundment" be and is hereby further amended by deleting from subparagraph A thereof the first referenced subsection 4 thereof which reads as follows: 114. Operating or permitting the operation of any sound amplification system located in a motor vehicle when the sound amplification system can be heard outside the motor vehicle from seventy five(75) or more feet when • the motor vehicle is being operated upon a street,highway or roadway unless such system is being operated to request assistance or warn of a hazardous • situation. This subsection shall not apply to authorized emergency vehicles. This subsection also does not apply to vehicles when the same are operated pursuant to and in conformance with a sound amplifying device permit pursuant to title 10, chapter 10.28 of this Code, as amended, and a special event permit pursuant to title 13, chapter 13.25 of this Code, as amended." Section 6. That Section 11.40.095 of the Elgin Municipal Code, 1976, as amended; entitled "Vehicle Seizure and Impoundment" be and is hereby further amended by amending subparagraph C4 thereof to read as follows: 114. Any motor vehicle that is not reclaimed within thirty-five (35) days after the expiration of the time during which the owner of record may seek judicial review of the city's action under this section, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, shall be deemed abandoned and may be disposed of as an abandoned or unclaimed motor vehicle as provided by law in accordance with the provisions of Article Il of Chapter 4 of the Illinois Vehicle Code, as amended." Section 7. That Section 14.04.205 of the Elgin Municipal Coe, 1976, as amended, • entitled "Lack of Inside Reading; Surcharge" be and is hereby further amended by amending subparagraphs A and C thereof to read as follows: "A. To promote accurate billing, enhance the detection of leaks, and reduce waste, it is the policy of the city to require inside readings or to have those readings collected electronically of all metered properties. Estimated bills as permitted under section 14.04.200 of this chapter, shall not constitute an inside reading and shall be subject to the provisions of this section." "C. Whenever the city has been unable to obtain an inside reading for four(4) consecutive billing periods, the customer shall be required to allow the city to install an automatic meter reading (AMR) unit. The AMR unit shall be installed at no expense to the customer. In addition, a surcharge is imposed whenever the city has been unable to take an inside reading for four (4)or more consecutive billing periods.This surcharge shall be assessed each billing period, shall be in addition to the estimated bill and shall be in addition to any other actions permitted pursuant to this chapter. The surcharge imposed shall be in an amount equal to the water charges for ten thousand (10,000) cubic feet of water. The surcharge shall continue to be imposed for each billing period until a shutoff or disconnection has occurred, or an accurate inside reading has been taken and an AMR unit installed. The • - 2 - surcharge shall be a credit toward actual water use when an accurate inside • reading is ultimately taken. Return of the surcharge in excess of actual consumption shall be conditioned upon the installation of the AMR unit." Section 8. That Section 14.04.230 of the Elgin Municipal Code, 1976, as amended, entitled "Billing" be and is hereby further amended by amending subparagraph B thereof to read as follows: " B. Water usage charges shall be based upon the reading or estimated charge as provided in Section 14.04.200 of this Chapter." Section 9. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 10. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. ad,on I David J. Kapt i or Presented: August 8, 2012 • Passed: August 8, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 8, 2012 Published: August 10, 2012 e Attest: apes FRUWUMprh Kimberly Dewis, ity Jerk •