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HomeMy WebLinkAboutOrdinance 71-O-25_ Amending Title 8, Chapter 4 to Update Waste Services and Fees 11/10/2025 71-O-25 AN ORDINANCE Amending Evanston City Code Title 8, Chapter 4 “Municipal Solid Waste” to Update Waste Ser vices and Fees WHEREAS, the City of Evanston provides waste removal services to its residents; and WHEREAS, Evanston City Code Title 8, Chapter 4 “Municipal Solid Waste” contains provisions on the waste services offered by the City and their associated fees, and WHEREAS, a number of the provisions described in Title 8, Chapter 4 of the City Code need to be updated to accurately reflect City waste services and fees; and WHEREAS, the Evanston City Council finds that it is in the best interest of the City of Evanston to amend City Code Title 8, Chapter 4 “Municipal Soldi Waste” to update City waste services and fees; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Title 8, Chapter 4 “Municipal Solid Waste” of Evanston City Code of 2012, as amended, is hereby further amended as follows: CHAPTER 4 - MUNICIPAL SOLID WASTE 8-4-1. - DEFINITIONS. In the construction and application of this Chapter, the following words shall have the meanings respectively ascribed to them in this Section: Page 1 of 22 71-O-25 COMPOSTABLE MATERIALS. Yard waste, food scraps, and products or materials that will completely break down into organic matter within one hundred eighty (180) days and the microorganisms present in compost will consume the material at the same rate they would natural materials (i.e. food scraps, yard waste and soiled paper). To ensure material meets the one hundred eighty (180) days within this definition it must meet one of the following criteria: (a) The product packaging or the specific product includes the BPI logo; (b) The product packaging or the specific product includes the phrase "meets ASTM standards for compostability"; or (c) The product packaging or the specific product has been designated "Certified Compostable" by the Biodegradable Products Institute (BPI). Any other materials agreed upon in writing between the City and a private scavenger under contract with the City. CONSTRUCTION DEBRIS. Any building material generated from the installation, repair, maintenance placement, alteration, enlargement, demolition, or abandonment of facilities. CONTAMINATED. Not in its pure state; tainted, putrefied, polluted, or unclean. FOOD SCRAPS. All fruit, all vegetables, coffee grounds, coffee filters, meats, bones, dairy products, eggs, egg shells, unwrapped candy, sugars, syrups, fried food, grains, baked goods, seafood, spices, herbs, tea, tea bags (without staples) and food soiled paper. Other materials such as: weeds, houseplant scraps, cold ashes from fireplace/grill, unlined paper products, BPI certified compostable bags, BPI certified compostable products, PLA Natureworks items, and Compostable kitchenware (ASTM D-6400 Certified). MUNICIPAL SOLID WASTE. Includes recyclable materials, refuse, compostable materials and yard waste. Does not include construction debris. PRIVATE SCAVENGER. Any nongovernmental entity or any person(s) not employed by a governmental entity, engaged in the business of collecting, transporting, and/or disposing of municipal solid waste. RECYCLABLE MATERIALS. Any material that can be recycled or reused. REFUSE. Includes all discarded, unwanted, or rejected materials, not including yard waste, compostable materials, recyclable materials or construction debris. SPECIAL PICK UP. The collection, transportation and disposal of municipal solid waste that accumulates or remains in any street, alley or other Page 2 of 22 71-O-25 public place or in any place where its presence constitute a nuisance to others or a potential or actual hazard to health, sanitation or safety and/or which is too large to fit in the container provided by the City. YARD WASTE. Includes all grass clippings, leaves, tree prunings and woody wastes, weeds, brush, and other compostable landscape type material. 8-4-2. - DIRECTOR OF PUBLIC WORKS; SUPERVISION. (A) All matters relating to or affecting the collection, removal, or disposal of municipal solid waste shall be subject to the supervision and direction of the Director of Public Works or his/her designee. Designees of the City Manager are also hereby authorized to enforce all provisions of this Title relating to such matters. (B) Police Powers. The Director of Public Works or his/her designees shall have full police powers to issue complaints, citations, notices to appear, and summonses for the violation of any provision this Section. 8-4-3. - GENERAL DISPOSAL REQUIREMENTS. (A) All refuse must be stored in clean, leakproof, nonabsorbent receptacles during storage. (B) Refuse may be stored in: 1.Roll out carts provided by the City; 2.Thirty (30) gallon or less plastic trash bags without any perishable items in them; 3. Roll out carts or dumpsters provided by the private scavenger under contract with the City; or 4. Roll out carts or dumpsters provided by a private scavenger if an exception from the municipal solid waste franchise service is granted. (C) Recyclable materials may be stored in: Page 3 of 22 71-O-25 1. Roll out carts or dumpsters provided by the City; 2. Roll out carts or dumpsters provided by the private scavenger under contract with the City; or 3. Roll out carts or dumpsters provided by a private scavenger if an exception from the municipal solid waste franchise service is granted. (D) Yard Waste may be stored in: 1. Roll out carts or dumpsters provided by the City Roll out carts purchased from the City and owned by the property owner; 2. Thirty (30) gallon or less biodegradable paper bags designated for yard waste; or 3. Yard waste consisting of brush or tree branches may be tied in bundles which must be no more than four (4) feet in length and tied with cloth ties. Tree branches less than four (4) inches in diameter are considered yard waste and will be collected by City crews; larger branches must be removed at the expense of the resident. The diameter of the bundles must not exceed three (3) feet. Bundles tied with plastic, wire, or rope will not be accepted. (E) Food Scraps may be stored in: 1. Refuse roll out carts provided by the City; 2. Roll out carts or dumpsters provided by the City; Food and Yard waste roll out carts purchased from the City during the food and yard waste collection season; or 3. In a container provided by a private scavenger under contract with the City. (F) The maximum weight of refuse, or recyclable materials or compostable materials placed into a roll out cart or food and yard waste bag may not exceed fifty (50) pounds. Page 4 of 22 71-O-25 The volume of material placed into a roll out cart must allow the lid of the cart to fully close onto the cart body. (G) The maximum volume of material placed in a dumpster provided by a private scavenger shall not exceed the capacity of the dumpster and allow for the dumpster lid to fully close onto the dumpster body. (H) The disposal of construction debris shall be undertaken by the dwelling occupant or owner at his/her own expense utilizing the private scavenger under contract with the City. (I) Occupiers, owners, or operators of residences and business or commercial properties shall not use waste receptacles placed on the public way by the City to collect refuse, recycling or compostable material disposed of by passersby. (J) Recycling of Electronic Products Required: Pursuant to the Electronic Products Recycling and Reuse Act (415 ILCS 5/1 et seq., as amended), the following electronic products shall not be disposed of in any municipal solid waste container by any person or business and must be recycled: televisions, printers, electronic keyboards, electronic mice, cable receivers, satellite receivers, monitors, facsimile machines, videocassette recorders, digital video disc (DVD) players, digital video disc (DVD) recorders, digital converter boxes, computers (including tablets), scanners, stereo equipment and speakers, portable digital music players, small scale servers, video game consoles, and cell phones. (K) Disposal of larger municipal solid waste items or municipal solid waste in volume greater than what will fit into the provided and allowable receptacles requires a special pick up. Property owners are required to contact the City to schedule a special pick up. Page 5 of 22 71-O-25 The municipal solid waste items to be disposed by a special pick up shall not be placed/stored on public property until the day that the special pick up is scheduled to occur. (L) The Director of Public Works or the City Manager or his/her designee(s) shall designate procedures regulating the collection of refuse, garbage, large, heavy, or extraordinary materials and items. (M) Equal Access to Service. 1. All properties shall provide appropriate levels of recycling service as determined by the City in accordance with City goals and priorities. In addition, all properties shall make tenants and occupants aware of services available to provide compostable materials collection. 2. No property owner, manager or representative shall deny access to a tenant or occupant to access appropriate recycling service or alternative diversion services such as compostable materials collection. 3. A property owner, manager or representative may elect to pass the cost of the alternative diversion services such as compostable material collection to occupants or tenants. 8-4-4. - RECYCLABLE MATERIALS DISPOSAL REQUIREMENTS. (A) The recyclable materials listed in this Section set out for disposal shall be cleaned and segregated from any refuse and compostable material and set out in special receptacles provided by the City or the franchise waste private scavenger(s): 1. Paper items including newspapers and all inserts, direct mail advertising, office paper, magazines, catalogs, phone books, cardboard, paper bags, and chipboard Page 6 of 22 71-O-25 (flattened cereal or tissue boxes, paper towels and toilet paper rolls, and food boxes). No waxed paper products will be accepted. 2. Juice boxes and milk, water, and broth cartons. 3. Glass jars and bottles with lids. 4. Aluminum cans, containers, clean foil, and metal lids larger than three (3) inches in diameter. 5. Steel and bimetal cans including empty aerosol cans and empty dry paint cans. 6. Plastic containers, bottles, and lids with material code numbers 1, 2, 3, 4, 5, and 7(lids must be on the container) 7. Other articles may be prohibited by additional regulations promulgated by the Director of Public Works or the City Manager or his/her designee(s). (B) Placing/mixing non-recyclable materials with recyclable materials in a receptacle indicated for recyclable materials shall be a violation of this Chapter and may result in a special collection fee for the collection, transportation, and disposal of the non-recyclable material. 8-4-5. - COMPOSTABLE MATERIAL DISPOSAL REQUIREMENTS. (A) Property owners are encouraged to dispose of compostable materials in the food and yard waste cart during the nine and one-half (9.5) months of the year that food and yard waste is collected. Property owners are also encouraged to participate in the year round food scrap collection program provided by a private scavenger under contract with the City. (B) Acceptable compostable materials include: Page 7 of 22 71-O-25 1. Food Scraps such as: All fruit, all vegetables, coffee grounds, coffee filters, meats, bones, dairy products, eggs, egg shells, unwrapped candy, sugars, syrups, fried food, grains, baked goods, seafood, spices, herbs, tea, tea bags (without staples) and food soiled paper. 2. Other materials such as: Weeds, houseplant scraps, cold ashes from fireplace/grill, unlined paper products, BPI certified compostable bags, BPI certified compostable products, PLA Natureworks items and Compostable kitchenware (ASTM D-6400 Certified) 3. Any other mMaterials agreed upon in writing between the City and a private scavenger under contract with the City. 8-4-6. - GENERAL RECEPTACLE REQUIREMENTS. (A) City Provided Refuse and Recycling Receptacles 1. Refuse and recycling roll-out carts provided by the City and will be imprinted with a serial number and stamped with the City seal. Ownership of the carts shall remain with the City and unauthorized removal of said carts shall be a violation of this Chapter. 2. Refuse and recycling roll-out carts will be maintained and repaired by the City. The City will replace the City issued roll-out cart for free of charge when it determines that a replacement is needed. 3. Refuse and recyclable materials placed in roll out carts must not exceed fifty (50) pounds and must be placed in a manner that will allow the roll out cart lid to completely close onto the cart. Page 8 of 22 71-O-25 4. Refuse containers used at residences with five (5) or less dwelling units shall be either the ninety-five (95) gallon, or sixty-five (65) gallon, or thirty-five (35) gallon roll-out carts provided by the City. 5.Recyclable materials containers provided by the City shall be either the ninety-five (95 ) gallon or sixty-five (65) gallon roll-out carts. The containers will have a blue lid and a weatherproof sticker indicating the acceptable and non-acceptable items for disposal. 6. A dwelling must have a ninety-five (95) gallon refuse cart in order to obtain any additional refuse cart. (B) Food and Yard Waste Receptacles. 1. Food and Yard Waste roll-out carts provided by the City will be imprinted with a serial number and stamped with the City seal. Ownership of the carts shall remain with the City, and unauthorized removal of said carts shall be a violation of this Chapter. 2. Food and Yard Waste roll-out carts will be maintained and repaired by the City. The City will replace the City-issued roll-out cart for free of charge when it determines that a replacement is needed. 13. Kraft paper bags used for yard waste shall have a maximum capacity of thirty (30) gallons and weigh no more than fifty (50) pounds when filled. Branches shall not exceed four (4) inches in diameter and/or four (4) feet in length. Branch and trimming bundles shall not exceed three (3) feet in diameter. No food scraps may be disposed of in a Kraft paper bag. 2. Property owners wishing to use a roll out cart for food and yard waste disposal may purchase a roll out cart from the City. The cost of these carts shall be as identified in Section 8-4-11. These carts are then owned by the property owner. Page 9 of 22 71-O-25 3 4. Roll out carts purchased by the property owner and used for food and yard waste storage will be maintained and repaired by the City for the first five (5) years after they are purchased. After five (5) years from the date of purchase, the property owner is responsible for the repair/ replacement of the food and yard waste roll out cart. Food and Yard Waste containers provided by the City shall be either the ninety-five (95) gallon or thirty-five (35) gallon roll-out carts. Food and yard waste roll out carts will have a green lid and a weatherproof sticker indicating the acceptable and non-acceptable items for disposal. 4 5. Food and yard waste placed in the roll out cart must not exceed fifty (50) pounds and must be placed in a manner that will allow the roll out cart lid to completely close onto the cart. (C) Private Scavenger Provided Receptacles. 1. Receptacles provided by private scavengers shall be leakproof, rodent-resistant, lidded, and constructed of impervious material. The receptacles are subject to the inspection of the City of Evanston Health and Human Services Department. 2. Receptacles provided by private scavengers must display the name and address of the premises they serve in conspicuous lettering. Said lettering is to be maintained in a clean and legible condition. Containers shall be situated so that the required lettering is visible from the public way. This provision shall be waived in the event that private scavengers swap out containers during the weekly collection with new cleaned containers each and every week service is in effect. Page 10 of 22 71-O-25 3. Receptacles provided by private scavengers located in the downtown zoning districts shall be maintained with their lids shut and locked, except when depositing or removing waste. 8-4-7. - 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. 8-4-8. - DESIGNATION OF COLLECTION SITE; COLLECTION AGENT. (A) Municipal solid waste collection containers shall be located aboveground. No collection will be made from containers set into the ground. (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. (C) All properties which abut an alley must designate a collection site at the edge of the property directly adjacent to the alley. Where practicable, the site should not be fenced or otherwise closed off in such a manner as to impede efficient collection. Any gates leading to the collection site from the alley shall be unlocked. The collection site may be on the alley itself, provided that containers shall not interfere with the free movement of vehicles in the alley. (D) All properties that do not abut an alley: 1. Occupants of residences whose property does not abut an alley shall locate municipal solid waste receptacles along the curb immediately adjacent to the property, Page 11 of 22 71-O-25 provided that containers shall not interfere with the free movement of vehicles in the street or pedestrians on walkways. 2. Municipal solid waste receptacles and all other refuse materials must be secured and placed in containers at the curb not earlier than 6:00 p.m. of the day preceding collection nor later than 7:00 a.m. on the day of collection. All containers must be removed from the curb no later than 7:00 p.m. on the day of collection or twelve (12) hours after actual collection, whichever occurs later. (E) The designated collection site for municipal solid waste collection service by the City or private scavenger under contract with the City will be located so as to provide the highest degree of accessibility to the collection vehicles. (F) Each premises occupied or used as a multi-family residential unit, business, or commercial purpose shall designate one (1) individual or property management company, with contact information, who shall at all times be responsible for all requirements under this Chapter. (G) Each property owner is responsible for the clearing of snow and ice from trash receptacles including a path reasonably wide and long enough to the refuse truck. All trash receptacles must be accessible for pick-up. 8-4-9. - COLLECTION RESPONSIBILITY. 8-4-9-1. - COLLECTION SERVICE. (A) The City shall provide municipal solid waste collection service, not including the collection of construction debris, on a once per week basis when practicable, to the following: Page 12 of 22 71-O-25 1. All single-family detached homes. For purposes of this Section, a structure commonly called a "coach house" or "carriage house" is considered to be a "single-family detached home" separate from the principal house on the same lot. 2. All multiple dwellings of five (5) or fewer units. 3. Townhouse, row house, or multiple dwellings which are at least seventy-five percent (75%) owner occupied for the entire housing complex, and that the Director of Public Works or the City Manager or his/her designee(s) determines shall be included in the municipal solid waste collection service based on accessibility. Townhouse, row house, and multiple dwellings that the Director of Public Works or the City Manager or his/her designee(s) determines shall not be included in the municipal solid waste collection service shall be serviced by the municipal solid waste franchise service pursuant to Subsection 8-4-9-1(B) of this Chapter. A sanitation service charge for the municipal solid waste collection service will be charged as specified in Section 8-4-11 of this Chapter. (B) Condominium, cooperative apartment, townhouse, or row house dwellings with six (6) or more units. 1. For condominium, cooperative apartment, townhouse, or row house dwellings with six (6) or more units, the City shall provide municipal solid waste collection service via private scavenger under contract with the City, not including the collection of construction debris, on a twice per week basis when practicable, to each unit of a condominium, cooperative apartment, townhouse, or row house dwelling which is at least seventy-five percent (75%) owner occupied for the entire housing complex. A Page 13 of 22 71-O-25 sanitation service charge for the municipal solid waste collection service will be charged as specified in Section 8-4-11 of this Chapter. 2. In the event a condominium/cooperative apartment has limited municipal solid waste storage capacity requiring removal more than twice per week, as determined by the Director of Public Works or the City Manager his/her designee(s), the extra collection service shall be obtained at the expense of the building occupants or owners. (C) All other residences, businesses, institutions or other legal entities shall be serviced by the City franchise waste service pursuant to Section 8-4-9-2 of this Chapter unless the residence, business, institution, or other legal entity is: 1. Exempted from the municipal solid waste franchise service pursuant to Section 8-4-9-2-2 of this Chapter; or 2. Receiving municipal solid waste collection service from a private scavenger contracted by the City pursuant to Subsection 8-4-9-1(B) of this Chapter; or 3.Serviced by a governmental agency other than the City; or 4.A university, hospital, or governmental agency. (D) Any person or legal entity occupying any building required to provide private scavenger service shall, upon the request of the City Manager or his/her designee, provide a copy of the current contract for refuse collection with a licensed scavenger for the subject premises. (E) Each building in the City that contains six (6) or more residential units and is served by the exclusive municipal solid waste franchise contractor, designated pursuant to Subsection 8-4-9-2 of this Title, shall receive one (1) 95-gallon recycling cart from said contractor at no cost to the owners of such buildings. Page 14 of 22 71-O-25 (F) The owner of each building that receives a recycling cart pursuant to this Section shall provide adequate on-site storage space for each cart and access to each cart to the building residents and the municipal solid waste franchise contractor. (G) Municipal solid waste that accumulates or remains in any street, alley or other public place where its presence constitutes a nuisance to others or a potential or actual hazard to health, sanitation or safety the Director of Public Works or the City Manager or his/her designee(s) shall have the municipal solid waste collected as a Special Pick Up. The City will charge the person or entity causing the nuisance or hazard for a Special Pick Up. (H) When municipal solid waste (other than construction debris) is too large to fit in the container provided by the City, the property owner shall request a Special Pick Up. If a Special Pick Up is not requested, the waste will be tagged with a "non-collection notice" sticker. If the property owner does not call within forty-eight (48) hours of the municipal solid waste being tagged, the Special Pick Up will be performed, and the property owner will be charged as described in Section 8-4-11(D)(2). (I) If the City Manager or his/her designee determines that a Sunday municipal solid waste pickup from a business or commercial premises is required in the interest of the public health, welfare, or safety, he/she: 1. Shall order same and invoice the operator of the premises in question for three hundred fifty dollars ($350.00); and 2. May cause the area in proximity to said receptacle to be cleaned. If the area adjacent to the container is not kept clear of municipal solid waste on a Sunday, the City may remove the municipal solid waste adjacent to the container and invoice the operator of Page 15 of 22 71-O-25 the premises in question three hundred fifty dollars ($350.00) for each occurrence. Nonpayment of any invoice issued pursuant to this Section within thirty (30) days of its date shall constitute a violation of this Chapter. 8-4-9-2. - RESERVED. 8-4-10. - 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, recyclable material, and yard waste/food scrap shall comply with each applicable provision of this Chapter. 8-4-11. - IMPOSITION OF SANITATION SERVICE CHARGES. (A) Refuse. There is hereby established the following fee structure for the collection and disposal of refuse, as defined in Section 8-4-1 of this Chapter, by the City: 1. Eleven dollars and ninety-three ten cents ($11.9310) per month per dwelling from January 1, 20264, through March 31, 2026 December 31, 2024, and eleven dollars and ninety-four cents ($11.94) fourteen dollars ($14.00) per month per dwelling thereafter for one (1) City-issued sixty-five (65) gallon roll out cart, only. 2. Twenty-five dollars and seven cents ($25.07) per month per dwelling from January 1, 2024, through December 31, 2024, and twenty-six dollars and ninety-five cents ($26.95) per dwelling thereafter for one (1) City-issued ninety-five (95) gallon roll out cart plus one (1) thirty (30) gallon or less trash bag. 3. Eleven dollars and ten cents ($11.10) per month per dwelling from January 1 through December 31, 2024, and eleven dollars and ninety-four cents ($11.94) per month per Page 16 of 22 71-O-25 dwelling thereafter for any additional roll out cart regardless of size. The initial monthly fee shall be based on the largest roll out cart present at the location. 4. Ten dollars and seventy-five cents ($10.75) per month per unit from January 1, 2024, through December 31, 2024, and eleven dollars and fifty-six cents ($11.56) per month per unit thereafter for each townhome, row house, or multiple dwellings which are at least seventy-five (75) percent owner occupied for the entire housing complex. (B) Food and Yard Waste. The fee structure for the collection and disposal of "compostable materials" as defined in Section 8-4-1 of this Chapter, by the City is: 1. Two dollars and fifty twenty-five cents ($2.5025) per yard waste sticker. Purchasers shall affix one (1) sticker to each bag of yard waste and/or branch and trimming bundle, regulated by Subsection 8-4-3(D) of this Chapter, left for collection by the City. 2. Starting April 1, 2026, Thirty-seven dollars and sixty-three cents ($37.63) per year per yard waste cart from January 1, 2024, through December 31, 2024, and Forty dollars and forty-five cents ($40.45) seven dollars ($7.00) per month per yard waste cart thereafter. (C) Recyclable Materials. The fee for the collection and disposal of "recyclable material" as defined in Section 8-4-1 of this Chapter, by the City for only multi-family apartment buildings six (6) units and greater is: Two dollars and seventy-six cents ($2.76) per unit per month from January 1, 2024, through December 31, 2024, and two dollars and ninety-seven cents ($2.97) per unit per month thereafter in the multi-family apartment buildings with six (6) units or greater. Disposition requirements for recyclable materials are outlined in Section 8- 4-4 and the proper receptacle for said materials is outlined in Section 8-4- 6 above. Page 17 of 22 71-O-25 (D) Special Pick Up. The fee structure for the collection and disposal of "special pick up," as defined in Section 8-4-1 of this Chapter, by the City is set forth below: 1. Starting April 1st, 2026, and extending through April 1st, 2029, one dollar ($1.00) per month per dwelling for eligible households for programs described in Section 8-4-9-1 (A) and (B) for the collection, transportation, and disposal of municipal solid waste, compostable materials, or recyclable materials. The following is a list of the limits on what is accepted to be collected from eligible properties as outlined below: Number of Units on Property Max per Pickup Total Collected per Year 1-5 Units* 3 yd3 12 yd3 6-20 Units 6 yd3 30 yd3 21+ Units 6 yd3 75 yd3 *Rowhouse/Townhome condo properties are included in this, as they will be able to schedule the service on their own. 1 2. Properties that are eligible for the rate listed in Section 8-4-9-1 (A) and (B) but do not adhere to the scheduling requirements listed in Section 8-4-9-1 (H) or are properties not eligible, will be charged Oone hundred dollars ($100.00) for the collection, transportation and disposal of up to three (3) cubic yards of municipal solid waste, compostable materials, or recyclable material. 2 3. Twenty-five dollars ($25.00) for the collection, transportation and disposal of each additional one (1) cubic yard of refuse, compostable materials, or recyclable material in excess of the initial limit as described in Section 8-4-11 (A)(1) and in Section 8-4-11 (A)(2) three (3) cubic yards. Page 18 of 22 71-O-25 (E) Purchase of a Food and Yard Waste Cart. The following fee is established for the purchase and delivery of each food and yard waste cart: 1. Eighty-eight dollars and sixty-nine cents ($88.69) for the purchase of a ninety-five (95) gallon roll out cart purchased through the office of the Public Works Director between January 1, 2024 and December 31, 2024, and ninety-five dollars and thirty-four cents ($95.34) thereafter. (F) Purchase of an Additional Refuse Cart. The following fee is established for the purchase and delivery of each additional refuse cart in addition to the first ninety-five (95) gallon refuse cart. 1. Eighty dollars and sixty-three cents ($80.63) for the purchase of either a sixty-five (65) gallon or ninety-five (95) gallon roll out cart purchased through the office of the Public Works Director between January 1, 2024 and December 31, 2024, and eighty-six dollars and sixty seven cents ($86.67) thereafter. (E) Change Fee. There is hereby established the following fee structure for the changing of services of municipal solid waste for customers, as defined in 8-4-9-1 (A) of this Chapter, by the City: 1. Starting April 1st, 2026, each customer will be allowed one free change to their service per calendar year; Any additional changes to service, sizes, or number of carts will be charged ninety dollars ($90.00). 8-4-12. - BILLING PROCEDURES; DISPOSITION OF FUNDS. The sanitation service charge, extra refuse container charge, and special pick up fee, shall be added to and separately recited upon a statement of charges for water consumption, sewer service, solid waste collection service, extra refuse container Page 19 of 22 71-O-25 charge, and special pick up service,. The statement will be prepared and mailed to the consumer at least every six (6) months. The statement is delinquent if unpaid after twenty (20) days from the date of the statement, and a penalty of ten percent (10%) of the amount due and owing for the period recited upon such statement will be added to such statement and collected in addition thereto. All revenue received in payment of the sanitation service charge, extra refuse container charge, and special pick up fee shall be deposited in the solid waste fund. Whenever any sanitation service charges or special pick up fees remain unpaid after the expiration of thirty (30) days from the date of such statement, the water supply for the premises served and delinquent shall be terminated, and the service cannot be resumed until all sanitation service charge, and special pick up fee in arrears are paid, including accrued penalties and a water turn on charge applied as listed in Section 7-12-17 of this Code. The City Manager, or his/her designee, shall enforce the provisions of this Chapter. Those receiving franchise waste services shall be responsible for paying all fees in accordance with the exclusive franchise contract. 8-4-13. - CHARGES CONSTITUTE A LIEN. Charges for the sanitation service charge and special pick up fees shall be a lien upon the premises served pursuant to the law thereto pertaining. Whenever any charges remain unpaid for thirty (30) days after they were rendered, the City Manager or his/her designee will file or cause to be filed in the office of the Cook County Recorder of Deeds a statement of lien claim duly verified by his/her affidavit, or the affidavit of some other officer of the City having knowledge of the facts. Page 20 of 22 71-O-25 The failure to record such a lien or to mail notice thereof shall not affect the right of the City to foreclose or adjudicate such a lien, by an equitable action in accordance with the statutory requirements therefor and in the same manner as provided for water service in Section 7-12-7-4 of this Code. The City Manager or his/her designee shall execute releases of such liens on behalf of the City upon receipt of payment therefor. 8-4-14. - PENALTY. (A) Any person that violates the provisions of Sections 8-4-3, 8-4-4, 8-4-8 or Subsection 8-4-6(C)3. of this Chapter shall be guilty of an offense and fined as follows: 1.The fine for a first violation is fifty dollars ($50.00). 2.The fine for a second violation is one hundred fifty dollars ($150.00). 3. The fine for a third or subsequent violation is two hundred fifty dollars ($250.00). (B) Any person that violates the provisions of this Chapter except Sections 8-4-3, 8-4-4, 8-4-6(C)3., 8-4-7, 8-4-8, 8-4-9-2-2, 8-4-11, 8-4-12, and 8-4-13 of this Chapter, shall be punishable by a fine of two hundred fifty dollars ($250.00). (C) Each day a provision of this Chapter is found to have been violated constitutes a separate violation subject to the fine schedule set forth in Subsections (A) and (B) of this Section. (D) The fines provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and remedies as provided for by applicable legislation. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance 71-O-25 or application Page 21 of 22 71-O-25 thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: Ordinance 71-O-25 shall be in full force and effect after its passage and approval. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2025 Adopted: ___________________, 2025 Approved: __________________________, 2025 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra B. Ruggie, Corporation Counsel Page 22 of 22 November 10 November 24