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Home My WebLink About014-O-22 Amending City Code 8-4-9-2 “Franchise” and Adding Title 8, Chapter 26 “Franchise Haulers”1/12/2022 2/8/2022 2/9/2022 14-0-22 AN ORDINANCE Amending City Code 8-4-9-2 "Franchise" and Adding Title 8, Chapter 26 "Franchise Haulers" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code 8-4-9-2, "Franchise" of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 8-4-9-2. --FP.An' kISG. 8-4-9_2-1 ESTABLISHING FRANCHISE WASTG SFMVIGE GENERAL To regulate and Gentrel the GGl1e on, disposal -o disposeand townhouse,1. All row house, or multiple dwellingc prev t and (B) of this Chapter; and v v v -:N /R\ All these re` aired tr- receive fronnhiseyVaste seryor-o shall be respensihle fAr paying all foes in aGGGrrdanGe with the evnli isiVe frannhise GentraGt -1- Page1 of Doc ID: 4bc6817e040cb90da216040abbb5a3ba3a401faa 14-0-22 but in ng-eveRt, shall servir.e -he lesc than onGe eaGh week. Containers designated for only food scropc may--�-,avt ■ - - - - - ff- t • A. person or legal-• in &jbGeGtien _• ■ City Manager or their designee(c), that they be exempted frern the City franGhise serViGe or t •um&,aP,GQo that neGessitate SUGh exernp#Gn GGFItrOl or - - - that Gannet be provided franchise SeFViGe. Any persen or legal entit that hoo been granted an exemption a(XhCll GeRtFaOt at • 9WR expeRse ith • r InGensed by the City pursuant to Chapter . 1, thic Title. M up by the private SGaveRger shall be as eften ac may welfare, er safety. r 1, 2020, any nongovernmental- City a per GubiG yard hauler fee on eaGh GubiG yard of reGeptade VGIUFne provided GelleGtion, 1 ` le material G011eGtien. The hauler fee ohall be equal provided multiplied by the times pe week the reGeptade !S SeFViGed and thon multiplied by three (3), the number e monthc in a GaleR ar gyarter. ■ The hauler fee shall be paid to the City G011eGter• r - April quarter 11 (E) Any person or legal entity ate SGavenger fGr GenStrUGtien debris 4;---, may t ■ GityMaRag exempteddesignee(sl that they be City - . shall speGify the t 1 • r&atuc -2- Page 2 of Doc ID: 4bc6817e040cb90da216040abbb5a3ba3a401faa 14-0-22 that r .• t at itc own f private SGaveRW InGeRsed by the Got . f I -1 this Title. ..._ durationI.A.4111 begin and the in montho that be . -&onth that the Gentainers _ utilized, the _ Ghall provide the Gity Gity a hauler fee of one dollar /0 for eaGh GubiGdisposal Pr - -/ . be • t paymeRt is due eR 1 . ■ eRdar 11 without dernand frern the City. 1 7T.E7:T7pmc 0 private'-0 an 9XGeption. f hauler fees. .... . .. . .... .. . . . . .. • . r . •S 2 2ZHUMM.I&T.-MMWINANSTA119 All fees imposed by this SeGtien • I • • aid after they are at / rate■� The eRtity _. _• --3-- Page 3 of Doc ID: 4bc6817e040cb90da216040abbb5a3ba3a401faa 14-0-22 .. .* -t -• number-• ()C multipliedr0l' Off Gen r - the •o number SECTION 2: City Code Title 8, "Health and Sanitation" of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: CHAPTER 26 — FRANCHISE HAULERS. 8-26-1. — ESTABLISHING FRANCHISE WASTE SERVICE, GENERAL REGULATIONS. To requlate and control the collection, transportation, and disposal of municipal solid waste and construction debris, the Citv opts for an exclusive franchise waste service to collect, transport, and dispose of municipal solid waste and construction debris by one or more qualified private scavengers procured throuqh a competitive biddinq process. The potential exclusive franchise aqreements can include commercial municipal waste and construction debris, condominium refuse, food scrap, yard waste and residential refuse. (A) The followinq shall be serviced by the exclusive residential refuse franchise service: 1. All sinqle-family detached homes and multiple dwellinqs required in Subsections 8-4-9-1(A)2 and (A)3 of Chapter 4. (B) The following shall be serviced by the exclusive condominium refuse franchise service: 1. All townhome, row house, or multiple dwellings that the Citv does not provide municipal solid waste collection under Subsections 8-9-4-1(A) 3 and (B) of Chapter 4. (C) The following shall be serviced by the exclusive vard waste franchise service: 1. All sinqle-family detached homes and multiple dwellinqs required in Subsections 8-4-9-1(A)2 and (A)3 of Chapter 4. (D) The following shall be serviced by the exclusive commercial municipal solid waste and construction debris franchise service: Page 4 of Doc ID: 4bc6817e040cb90da216040abbb5a3ba3a401faa 14-0-22 1. All businesses, institutions, or other leqal entities required in Subsection 8-4-9- 1(C) of Chapter 4 to receive service from the municipal solid waste franchise service; and 2. Disposal of construction debris. (E) The followinq shall be serviced by the exclusive food scrap franchise service: 1. All residences, businesses, institutions or other legal entities that wish to participate in the vear round food scrap collection program. (F) All those required to receive franchise waste service shall be responsible for paving all fees in accordance with the respective exclusive franchise service agreement. (G) Such service shall be performed as often as necessary to prevent a nuisance or a threat to public health, welfare and safetv, but in no event, shall municipal solid waste service be less than once each week. Containers desiqnated for onlv food scraps may not be stored outdoors while containing food scraps for lonqer than one (1) week. (H) No person or legal entitv occupvinq a buildinq required to receive the municipal solid waste franchise service shall enter into contract for municipal solid waste collection. (1) Any entitv not subject to service through the municipal solid waste franchise may petition the Citv Manaqer or the Director of Public Works or their designees, in writinq, for such service. 8-26-2. FRANCHISE SERVICE EXEMPTIONS. (A) Any person or leqal entitv occupvinq anv building specified in Subsection 8-4-9- 1(C) of this Chapter may request, in writing, to the Director of Public Works or the Citv Manager or their designee(s), that thev be exempted from the Citv franchise service for commercial municipal solid waste services. Said request shall specifv the circumstances that necessitate such exemption status which may include, but are not limited to, a corporate contract whose provisions are outside the persons' or entities' control or a specialized service that cannot be provided by the Citv franchise service. (B) Anv person or leqal entitv that has been granted an exemption from the Citv franchise waste service shall contract at its own expense with a private scavenqer licensed by the Citv pursuant to Chapter 4'/2 of this Title. Municipal solid waste picked up by the private scavenqer shall be as often as may be required to prevent stored municipal solid waste from becoming a nuisance or a threat to the public health, welfare, or safety, but in no event, shall municipal solid waste service be less than once each week. --5-- Page 5 of Doc ID: 4bc6817e040cb90da216040abbb5a3ba3a401faa 14-0-22 (C) Commencinq on January 1, 2020, anv nongovernmental entitv, universitv or hospital exempt from the commercial municipal solid waste franchise service shall pav to the Citv a per cubic vard hauler fee on each cubic vard of receptacle volume provided by a private scavenger for refuse collection, but not for recvclable or compostable material collection. The hauler fee shall be equal to two dollars and fiftv cents ($2.50) per cubic vard of receptacle volume provided multiplied by the times per week the refuse receptacle is serviced and then multiplied by three (3), the number of months in a calendar quarter. (D) The hauler fee shall be paid to the Citv Collector no later than the thirtieth (30t" ) day following the close of a calendar quarter (for example, such pavment is due on April 30t" for the first calendar quarter ending March 31St ) without demand from the City. (E) Any person or legal entitv usinq a private scavenger for construction debris disposal may request, in writing, to the Director of Public Works or the Citv Manaqer or their desiqnee(s) that thev be exempted from the Citv commercial construction debris franchise service. Said request shall specifv the circumstances that necessitate such exemption status which may include, but not limited to, a specialized service that cannot be provided by the Citv franchise service, such as the collection and disposal of poisonous or toxic materials and any quantities of liquid requirinq tanker truck equipment. (F) Anv person or legal entitv that has been granted an exemption from the Citv franchise waste service for construction debris disposal shall contract at its own expense with a private scavenger licensed by the Citv pursuant to Chapter 4'/2 of this Title. 1. Before the service is provided, the entitv shall submit to the Director of Public Works or their desiqnee(s) evidence that the private scavenqer is licensed by the Citv; an estimate of number of containers and size to be utilized; when the service will beqin and the duration in months that the service will be provided; and the location where the debris will be disposed of. 2. For each month that the containers are utilized, the entitv shall provide the Citv with a copv of the invoice from the private scavenger indicatinq the cubic vards of the containers utilized and the weiqht of the material disposed of. 3. The entitv that is granted an exception in Section 8-4-9-2-2(E) shall pav the Citv a hauler fee of one dollar ($1.00) for each cubic vard of disposal container provided. The hauler fee must be paid to the Citv Collector no later than the thirtieth (301" ) day following the close of a calendar quarter (for example, such pavment is due on April 30t" for the first calendar quarter endinq March 31St ) without demand from the Citv. 4. The Citv shall not issue a certificate of temporary occupancv for the building site that utilizes a non -franchise private scavenqer until the entitv that requests an exception submits all required invoices and pays all outstandinq hauler fees. Page 6 of Doc ID: 4bc6817e040cb90da216040abbb5a3ba3a401faa 8-26-3. IMPOSITION OF FRANCHISE SERVICE ADMINISTRATIVE FEE. (A) For the collection, transportation, and disposal of refuse provided by the Commercial municipal solid waste franchise service there is herebv established the following administrative fee: 1. Two dollars and fortv cents ($2.40) per month per cubic vard per refuse container multiplied by the number of times per week the refuse container is serviced. 2. One dollar and no cents ($1.00) per month per cubic yard size of a permanent roll off container multiplied by the number of times the container is collected each month. (B) For the collection, transportation, and disposal of construction debris provided by the Commercial construction debris franchise service there is herebv established the following administrative fee- 1 One dollar and no cents ($1.00) per month per cubic vard size of a temporary roll off container multiplied by the number of times the container is collected each month. 8-26-4. — REQUIREMENTS AND PENALTIES. (A) The following are requirements the exclusive Commercial Municipal Solid Waste and Construction Debris Franchise must adhere to for the term of the contract: 1. The exclusive franchise hauler is required to adhere to all general service requirements listed in the exclusive franchise service agreement. 2. The exclusive franchise hauler is required to adhere to all the technical service requirements listed in the exclusive franchise service agreement. 3. The exclusive franchise hauler is required to adhere to all the billinq requirements listed in the exclusive franchise service agreement. 4. The exclusive franchise hauler is required to adhere to all the outreach requirements listed in the exclusive franchise service agreement. 5. The exclusive franchise hauler is required to adhere to all the reportinq requirements listed in the exclusive franchise service agreement. 6. The exclusive franchise hauler is required to adhere to all the equipment requirements listed in the exclusive franchise service aqreement. (B) If the exclusive commercial municipal solid waste and construction debris franchise hauler violates the provisions of Sections 8-26-4(A)(1) and (6) of this chapter shall be quilts of an offense and fined $100. 1. A separate offense shall be deemed committed each day such violation occurs or continues and or for each individual customer account the franchise hauler violates against. (C) If the exclusive commercial municipal solid waste and construction debris franchise hauler violates the provisions of Section 8-26-4(A)(2), of this chapter then the —7— Page 7 of Doc ID: 4bc6817e040cb90da216040abbb5a3ba3a401faa 14-0-22 hauler shall be quiltv of an offense and fined as follows, unless specified or dictated otherwise within the exclusive franchise service agreement: 1. The fine for the first violation is $100 2. The fine for the second violation is $200 3. The fine for a third or subsequent violation is $500 4. Each day a provision of this section is found to have been violated constitutes a separate violation subiect to the fine schedule above (D) If the exclusive commercial municipal solid waste and construction debris franchise hauler violates the provisions of Section 8-26-4(A)4 of this chapter, the hauler shall be quiltv of an offense and fined $100. 1. A separate offense shall be deemed committed for each individual customer account the franchise hauler violates this provision. (E) If the exclusive commercial municipal solid waste and construction debris franchise hauler violates the provisions of Section 8-26-4(A)(5) of this chapter shall be quiltv of an offense and fined $500. 1. A separate offense shall be deemed committed for each provision violated and for each deadline missed. (F) Any person found quilts of violatinq, disobevinq, omitting, neglectinq or refusinq to comply with or resistinq or wposinq the enforcement of anv provision of Section 8- 26-2, except when otherwise specifically provided, shall be fined not less than two hundred fiftv dollars ($250.00) for the first offense, and not less than seven hundred fiftv dollars ($750.00) for the second and each subsequent offense in any one hundred eiqhtv (180) day period; each day of violation shall constitute a separate and distinct offense. (G) All fees imposed in Section 8-26-2-F and remaining unpaid after thev are due will bear interest at a rate of ten percent (10%) per month, or fraction thereof. The entitv requestinq a franchise service exception shall timely pav all fees imposed by this section to the Citv Collector. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled 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 provision or invalid application of this ordinance is severable. Page 8 of Doc ID: 4bc6817e040cb90da216040abbb5a3ba3a401faa 14-0-22 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. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law with the exception of 8-26-4(A) which is effective November 1, 2022. Introduced: January 12 2022 Approved: Adopted: March 14 2022 3/24 /n / ,Q 2022 NaALZ 'I l z-SIj Daniel Biss, Mayor Attest: Approved as to form: 14 ✓1�cckola ! �. Cuu;�.s Stephanie Mendoza, City Clerk Nicholas E. Cummings, Corporation Counsel Page 9 of Doc ID: 4bc6817e040cb90da216040abbb5a3ba3a401faa