Loading...
HomeMy WebLinkAboutORDINANCES-1989-067-O-89• • 1 3• AN ORDINANCE Amending Chapter 5, Title 8, of the City Code i to add Certain Provisions Relating to Recyclable Materials i BE IT ORDAINED BY THE CITY COUNCIL OF THE C.I11'Y OF j EVANSTON, COUNTY, ILLINOIS: i SECTION 1: That existing section 8-5-1 i; of the City Code of the City of Evanston, 1979, as amended, be and it hereby is f amended to read as follows: 8-5-1: In the construction and application of this Chapter, the following words shall have the meaning respectively ascribed to them in this Section: Contaminated: Not in its pure state; tainted, putrified, polluted, or unclean. Garbage: Putrescible waste. Recyclable Materials: Any material that can be recycled or reused. Refuse: Includes all discarded, unwanted or rejected materials, including garbage. SEC`1'ION 2: 'That existing section 8-5-2 remains unchanged: 8-5-2: DIRECTOR OF PUBLIC WORKS; SUPERVISION: All matters relating to or affecting the collection, removal or disposal of refuse shall be subject to the supervision and j direction of the Director. of Public Works. SECTION 3: i i follows: 'That section 8-5-3 be and it hereby is amended to read as �i 8-5-3: GENERAL DISPOSAL, REQUIREMENT'S: (A) All refuse must be stored in a bag or container or wrapped or bundled in such a manner as to preclude blowing or scattering during the storage period. -1- i (B) All garbage must be stored in clean, leakproof_, non -absorbent containers covered with tight -fitting lids and maintained in good repair. All wet garbage so stored must be drained and wrapped in such a manner that moisture cannot spill. when the material is removed. - (C) Refuse need not be separated based on whether it is combustible, non-combustible, or putrescible, provided, • however, that when any garbage is part of the refuse, the provision of this Chapter pertaining to garbage materials I� shall apply and when any recyclable materials are part of the refuse, the provisions of this Chapter pertaining to �j recyclable materials shall apply. (D) Brush or tree branches which are tied in bundles shall be no more than four feet (4') in length. All other materials shall be containerized as appropriate in a j manner to facilitate easy handling by one person. (E) No refuse shall be deposited, be thrown away, or be permitted to accumulate or remain in any street,,alley or other public place or in any place where its presence would constitute a nuisance to others or a potential or actual hazard to health, sanitation or safety. (Ord. 95-0-78) SECTION 4: That a new Section 8-5-4 be added, reading as follows: 8-5-4: RECYCLABLE MATERIALS DISPOSAL REQUIREMENTS: (A) The articles of recyclable refuse listed in this section • set out for disposal shall be cleaned and segregated from other refuse and set out in special receptacles provided by the City, except if employed in the disposal. of other refuse which has been contaminated: � 1. Newspapers. 2. Glass jars and bottles. 3. Aluminum cans. 4. Steel cans. 5. Such other articles as shall be from time to time mandated by regulations promulgated by the Director of Public Works. I it (B) The above articles shall be set out for collection in such Ii specific manner as shall be determined by regulations promulgated by the Director of Public Works. SECTION 5: That a new section 8-5-5 be added, reading as follows: E �J • 8-5-5: RECYCLABLE MATERIALS RECEPTACLES: The recycling container provided is the property of the City and to be used only for recycling pursuant to this Chapter. 'Abusing it or using it for any other purpose constitutes a ;violation of this Chapter and may cause the City to reclaim receptacle. SECTION 6: That existing section 8-5-4, renumbered as 8-5-6 and retitled 1_ S the as "General Receptacle Requirements", and otherwise unchanged, reads as follows: 8-5-6: GENERAL RECEPTACLE REQUIREMENTS: (A) Garbage containers used in residences with four (4) or less dwelling units shall not exceed thirty five..(35) gallons in size, and total weight of the container and material placed within shall not exceed fifty (50) pounds. (Ord. 51-0-81) (B) Refuse collection containers shall be located above ground. No collection will be made from containers set into the ground. (C) Each permanent container shall bear a symbol, marking, or tag containing an identification of the owner. (D) Plastic bags which may be used for refuse shall be reasonably tear -resistant, air -tight, water -tight and shall be securely closed. Baas shall not be filled beyond their capacity to carry the weight of the contents and shall be set out in such a manner and location as to minimize the possibility of their being torn. (F) Any container which is deteriorated to a degree that it presents a hazard to the collector or does not meet other standards as defined by this Chapter, shill be condemned by the Director of Public Works or his agent. This action will be noted by the placement of a tag or label designating a date by which the container must be removed from service by the owner. If no action is taken prior to that date, the container shall be removed by the City. Appeals may be made to the Director of Public Works prior to the date listed on the tag. SECTION 7: That a new section 8-5-7 be added, reading as follows: 8-5-7: OWNERSHIP OF RECYCLABLE MATERIALS: Ownership of recyclable materials shall be vested in the City or in haulers authorized by the City. Unauthorized collection of recyclable materials set out for collection shall constitute a violation of this Chapter. -3- • • • SECTION 8: That existing section 8-5-5, renumbered as 8-5-8, and otherwise unchanged, reads as follows: DESIGNATION OF COLLECTION SITE: COLLECTION AGENT: Every building, establishment, institution or premises shall contain a designated refuse collection site which meets the standards of convenience and health and safety published by the Director of Public Works with the advice of the Health Department, Inspections and Permits Department and the Fire Department. -This requirement shall be applicable to all construction sites anal remodeling projects. (B) Each premises occupied or used as a multi -family residential unit, business or commercial purpose shall designate one individual who shall at all times be responsible for all requirements under_ this chapter. (Ord. 95-0-78) SECTION 9: That existing section 8-5-6, renumbered as 8-5-9, reads as follows: 8-5-9: COLLECTION RESPONSIBILITY: (A) The City shall provide refuse collection service on a twice -per -week basis when practicable, to the following: 1. All single-family detached homes, 2. All multiple dwellings of four (4) or less units, 3. Condominium buildings which are at least seventy five percent (75%) owner -occupied, 4. Cooperative apartment buildings which are at least seventy-five percent (75%) owner -occupied, 5. 'Townhouse or rowhouse dwelling units which are at least severity -five percent (75%) owner -occupied for the entire housing complex, provided that the occupants thereof comply with the provisions of this Chapter.. All other residences, businesses, institutions or other legal entities shall, at their own expense, contract with licensed private scavengers for refuse collection as often as may be required to prevent stored refuse from becoming a nuisance or a threat to the public health, welfare or safety. (B) 'The City shall collect all refuse, except building materials, from 1. Single-family detached homes, 2. Multiple dwellings of four (4) or less units, and -4- • • 0 3. Townhouse or rowhouse duelling units which are seventy-five percent (75%) owner -occupied for the entire housing complex. The disposal of building materials shall be undertaken by the dwelling occupant or owner at his own expense. (C) The Director of Public Works shall designate procedures regulating the collection of refuse, garbage, large, heavy or extraordinary materials and items. (Ord. 61-0-82) SEC`1'ION 10: That existing section 8-5-7, renumbered as 8-5-10, and other- wise unchanged, reads as follows: 8-5-10: CONDOMINIUM/COOPERATIVE APARTMENT COLLECTION: (A) Occupants of condominiums and cooperative apartments whose residence units total more than four (4) and where the building is at least seventy-five percent (75%) owner -occupied shall be provided with refuse collection service at the City's expense by a private scavenger under contract to the City. Service shall be twice a. week on a schedule to be determined by the Director of Public Works. (B) Refuse containers for such dwelling units shall be provided by building occupants at their own expense and shall be of the type, size and number to be compatible with the amount of refuse generated and the collection equipment and practices of the authorized private scavenger. Generally, such containers shall be of the industrial type meeting Federal Environmental Protection Agency specifications. Such containers will be kept in the state of good repair by the building occupants. (C) In the event a condominium/cooperative apartment has limited refuse storage capacity requiring removal more than twice per week, as determined by the Director of Public Works or his designee, the extra collection service shall be obtained at the expense of the building occupants or owners. (D) The designated collection site for a condominium/ cooperative apartment will be located so as to provide the highest degree of accessiblity to collection vehicles. (Ord. 95-0-78) SECTION 11: That existing section 8-5-8, renumbered as 8-5-11, and otherwise unchanged, reads as follows: 8-5-11: ACCESS TO ALLEYS, COLLECTION: (A) Residences With Access to an Alley: All residences which abut upon an alley shall designate a collection site at the edge of the property directly adjacent to such alley. Where practicable, the site shall not be fenced or otherwise closed off in such a manner as to impede efficient collection. Any gates leading to -5- • • r: the collection site from the alley shall be unlocked. jl The collection site may be on the alley itself, j! provided that containers shall. not interfere with the free movement of vehicles in the alley. (B) Residences Without Alley Access: 1. Occupants of residences whose property does not abut j an alley shall locate garbage containers along the curb immediately adjacent to the property. j 2. Garbage containers and all other refuse materials shall be containerized or secured. and placed at the curb not earlier than six o'clock (6:00) P.M. of the day I preceding collection nor later than seven o'clock (7:00) a.m. on the day of collection. All containers shall be removed from the curb no .later than seven o'clock (7:00) p.m. on the day of collection or twelve (12) hours after actual collection, whichever occurs later. (Ord. 101-0-84) SECTION 12: That existing section 875-9, ! renumbered as 8-5-12, and otherwise unchanged, reads as follows: �! 8-5-12: RESPONSIBILITY FOR COMPLIANCE: Every owner, occupant, agent, employee of an owner or occupant, including corporations, associations of owners and individuals, responsible for the collection and removal of refuse and garbage shall comply with each �j applicable provision of this Chapter. Prior to j) prosecution for alleged violations, the offender shall be duly notified of such violations and shall be given a reasonable time within which to correct the violation and thereby avoid prosecution.(Ord. 95-0-78) I� jj SECTION 13: That existing section 8-5-10, renumbered as 8-5-13, and otherwise unchanged, reads as follows: 8-5-13: IMPOSITION OF RECYCLING COLLECTION SERVICE CHARGE: There is hereby established a charge for recycling collection service. Such charge shall be three dollars ($3.00) per dwelling unit for every three month period. The above shall apply to the following dwelling units: (A) All single-family detached homes, (B) Each unit of a multiple dwelling of four (4) or less units excluding condominiums, (C) Each unit of townhouse or rowhouse dwellings which are at least seventy-five percent (750) owner -occupied for the entire housing complex, excluding condominiums. 'C� • • • SECTION 14: That existing section 8-5-11, renumbered as 8-5-14, and otherwise unchanged, reads as follows: 8-5-14: BILLING PROCEDURES; DISPOSITION OF FUNDS: The recycling collection service charge shall be added to and separately recited upon a statement of charges for water consumption, sewer service, and recycling collection service. Such statement shall be prepared and mailed to the consumer at least every six (6) months. Such statement shall become delinquent if unpaid after twenty (20) days from the date of the statement, and a penalty of ten percent (100) of the amount due and owing for the period recited upon such statement shall thereafter be added to such statement and collected in addition thereto. All revenue received in payment of the recycling charge shall be deposited in the general fund. Whenever any recycling charges shall remain unpaid after the expiration of thirty (30) days from the date of such statement, the water supply for the premises so served and delinquent shall be terminated, and the service shall not be resumed until all recycling bills in arrears shall have been paid, including accrued penalties and service fee of fifteen dollars ($15.00) paid for termination and resumption of water supply service. The City Manager, or his designee, shall enforce the provisions of this Chapter. SECTION 15: That existing section 8-5-12, renumbered as 8-5-15, and otherwise unchanged, reads as follows: 8-5-15: CHARGES CONSTITUTE A .LIEN: Charges for recycling shall be a lien upon the premises served pursuant to the law thereto pertaining. When such charges have been delinquent for a period of sixty (60) days, the City Manager shall cause a statement of lien to be recorded against the premises served and delinquent in the form and manner provided by law. The failure to record such a lien or to mail notice therof shall not affect the right of the City to foreclose or adjucate such a lien, by an equitable action in accordance with the statutory requirements therfor and in the same manner as provided for water service in Section 7-12-7-4 of the Code. The City Manager shall execute releases of such liens on behalf of the City upon receipt of payment therefor. -7- .7 • 0 SECTION 16: That existing section 8-5-13 shall be renumbered as 8-5-16 and shall be revised to read as follows: 11 8-5-16: PENALTY: I� (A) Any person who shall violate the provisions of this Chapter, except sections 8-5-7, 8-5-13, 8-5-14, and 8-5-16, shall be punishable by a fine of not less than I twenty-five dollars ($25.00) nor more than five hundred �I dollars ($500.00). A separate offense shall be deemed committed for each day such violation occurs or continues. I� (Ord. 53-0-88). I (B) Any person who shall violate section 8-5-7 shall be I� punishable by a fine of not less than fifty dollars ii ($50.00) nor more than five hundred dollars. ($500.00). A j separate offense shall be deemed committed .for the unauthorized collection of each receptacle containing �i recyclable materials. i I! I SECTION 17: All ordinances or parts of ordinances i i in conflict herewith are hereby li repealed. I� I SECTION 18: This ordinance shall be in full force iI t and effect from and after its I� passage, approval and publication in the manner �j �i provided by law. Introduced: Adopted: I I A' TEST: ity Clerk i j 1 �i App ved as o form: VCorporation Cou sel ,1989. ,1989. App rov d : t Mayor 1989.