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HomeMy WebLinkAboutORDINANCE - 2531 - 1/28/1997 - SCAVENGERS/AMEND CHAPTER 14ORDINANCE NO. 2531 AN ORDINANCE AMENDING CHAPTER 14 SCAVENGERS OF TITLE 3 OF THE VILLAGE CODE OF THE VILLAGE OF ELK GROVE VILLAGE WHEREAS, the President and Board of Trustees of the Village are aware of increasing costs with respect to garbage collection, landfills and related matters; and WHEREAS, it is the consensus of the Village Board that it is necessary to increase reve- nues to help defray said costs; and WHEREAS, the Recycling Committee of the Village Board at a public meeting called to solicit information from the licensed scavengers within the Village as to the most equitable means of raising additional revenues; and it being the consensus of the Recycling Committee from the input of the scavengers who attended the public meeting as well as input from other sources that amending the current Code with respect to increases in licensing fees would be more equitable than a franchising process wherein many scavenger service providers would be ex- cluded from conducting further business within the Village; and WHEREAS, the President and Board of Trustees after having considered the recommen- dation of said Recycling Committee find and believe that Chapter 14 Scavengers of Title 3 of the Village Code be amended pursuant to the recommendation of said Committee. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Chapter 14 Scavengers of Title 3 of the Village Code be and the same is hereby amended to read in such manner as is set forth on Exhibit A attached hereto. Section 2: That at such time as the increase in costs related to the Solid Waste Agency of Northern Cook County (SWANCC), lessen or terminate, then and at such time the Village Board will review the increase of licensing fees established by this Ordinance with the thought that said re -view would lead to a substantial reduction in said fees. Section 3: That this Ordinance shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 28thday of January , 1997. APPROVED this 28thday of January , 1997. ATTEST: Patricia S. Smith VILLAGE CLERK 2 Dennis J. Gallitano VILLAGE PRESIDENT CHAPTER 14 SCAVENGERS 3-14-1: DEFINITIONS: A. "Account" shall mean the physical location where the licensee provides service for the collection of any solid waste, refuse, recyclables, and/or yardwaste. Any account where more than one business address is serviced shall have each busi- ness address counted as a single account. Any account where one business has more than one address shall be counted as a single account. B. "Scavenger" shall mean any person engaged in the removal and disposal of table refuse or animal and vegetable matter usually known as garbage from hotels, res- taurants, cafes, boarding houses, cafeterias, residences, commercial or industrial establishments and any other place within the Village wherein food is served or is obtained upon the premises; or the removal and disposal of ashes, cinders, dis- carded building materials or like material having no commercial resale value; or the removal or disposal of manure, swill or any animal or vegetable residue and waste from any place where such may accumulate. Scavenger shall also mean any person engaged in the collection, transportation and/or processing of recycl- able materials and the collection and disposal of yardwaste. C. Specific designated scavenger definitions: 1. Geographical Service Area Scavenger - a scavenger who operates in the single- family detached and attached residences, multi -family residences, churches, con- gregate housing units, Alexian Brothers Medical Center (medical waste excluded) and such other similar uses in residential zoned districts of the Village. 2. Industrial/Commercial Scavenger - a scavenger who operates in the commer- cial and/or industrial zoned areas of the Village. 3. Hazardous and Special Waste Hauler - a scavenger who hauls such hazardous or special waste or such material which requires special licensing by the Illinois Department of Transportation. 4. Temporary Roll -Off Container Service Scavenger - a scavenger who utilizes and services roll -off containers at various job sites on a temporary (less than four months per site) basis. 3-14-2: LICENSE REQUIRED:RENEWAL:REVOCATION: It shall be unlawful for any person to operate as a scavenger, either by himself or through an agent, employee or partner, without first having obtained a license as is herein provided. A license shall be required for sca- venger service for the defined geographical service areas as determined by the Village in Ordi- nance 2221, commerical and industrial zoned areas of the Village, special and hazardous waste haulers and temporary roll -off container service. Service to properties in the geographical ser- vice area are provided exclusively by an agreement between the Village and individual contrac- tor(s). The character of the license shall be designated on the application and on the licensing document itself. Said license shall create no vested interest in the licensee and may be issued or renewed or revoked at the discretion of the President and Board of Trustees at the end of any li- censing period, with or without cause. 3-14-3: APPLICATION FOR LICENSE; FEES: A. Application - an application for a license under this Article shall be made on forms provided by the Finance Department and shall be in conformity with the general requirements of this Code relating to applications for licenses. B. Fees - Commercial/Industrial Scavenger: License Year 1996 - 1997 a. Flat Fee - $2,500.00. b. Account Fee - $5.00 per month, per account payable in lumpsum (5 months total) on or before January 2, 1997, based on the number of accounts as of the time payment is made. 2. License Years 1997 - 1998: a. Flat Fee - Dollar amount reserved. b. Account Fee - $5.00 per month, per account payable quarterly - the total fee to be based on the number of accounts at the beginning of each license year. 2 3. License Years 1998-1999: a. Flat Fee - Dollar amount reserved. b. Account Fee - $7.50 per month, per account payable quarterly - the total fee to be based on the number of accounts at the beginning of each license year. 4. License Years 1999-2000 and thereafter: a. Flat Fee - Dollar amount reserved. b. Account Fee - $10.50 per month, per account payable quarterly - the total fee to be based on the number of accounts at the beginning of each license year. 5. Surcharge Fee/Appeal - The fees as established in this Section are based on information with respect to the number of accounts, which information is to be provided by each licensee. The licensee will also provide the name of the custo- mers of all accounts submitted. The Village reserves the right to spot-check in- dustrial and commerical firms to verify the information received in a license ap- plication or a fee payment attachment, which attachment lists the number and names of each account. Should the information submitted be inaccurate, pur- posely deceptive or misleading or, in effect, consist of a methodology wherein the true and correct license fee is being avoided, then the Village reserves the right to assess any such violating licensee a license fee surcharge of up to $10,000.00, to be prorated for the current license year in which the violation is committed and thereafter, annually, for a period not to exceed two additional licensing periods. Any scavenger assessed a surcharge license fee by the Village shall have a right to appeal such surcharge at a public hearing before the President and Board of Trustees. The request for an appeal must be directed to the Village within thirty days from the receipt of the notice of the license surcharge by the scavenger li- censee. C. Other Fees: 1. Hazardous and Special Waste Hauler - $2,500.00 per license year. 2. Temporary Roll -Off Container Service Scavenger - $2,500.00 per license year. 3-14-4: BOND AND INSURANCE REQUIREMENTS: A. Bond: All applications shall be accompanied by a surety bond in the amount of one thousand dollars ($1,000) guaranteeing adherence by the applicant to all Village ordinances and regulations. B. Insurance: The scavenger shall carry both general and auto liability insurance as follows: Personal injury at a level not less than two hundred fifty thousand dollars to five hundred thousand dollars ($250,000.00/$500,000.00) and property damage at a level not less than one hundred thousand dollars ($100,000.00) and shall include the Village of Elk Grove Village as an additional named insured on both policies. All insurance premiums shall be paid by the scavenger with no cost to the Village. A certificate of insurance shall be provided to the Village. 3-15-5: REQUIREMENTS AND RESTRICTIONS: A. Hours Collection Prohibited: Garbage shall not be collected by an scavenger ser- vice before the hour of seven o'clock (7:00) A.M. in a residential area or any area abutting a residential area. B. Vehicles: Any vehicle used for such scavenger in its business shall maintain all safety equipment and proper weight licenses as required by the State of Illinois and shall be watertight and equipped with airtight covers for such portions as are used for the transportation of refuse. It shall be unlawful for any such vehicle to be driven over or through any street in the Village during or on a Sunday. C. Scattering Garbage and Refuse Prohibited: It shall be unlawful for a scavenger, while collecting or transporting garbage or refuse in the Village, to scatter or allow to be scatterd any garbage or refuse in such a manner as to create a public health hazard. D. Garbage and Refuse Disposal: It shall be unlawful for any scavenger to dispose or to store any refuse in any place within the Village limits or within one mile thereof, except with the permission of the President and Board of Trustees. The scavenger shall disclose the location of the disposal site and shall comply with all laws of the State of Illinois and of the corporate authorities of the area within which such sites are situated. 11 E. Removal of Recycled Materials Prohibited: It shall be unlawful for any unauthor- ized scavenger to remove any item including, but not limited to, newspapers, alu- minum, or bi-metal cans, glass bottles or plastic milk containers placed in or adja- cent to Village recycling containers. 3-14-6: RESIDENTIAL RECYCLING: A. Properties Within the Defined Geographical Service Area: The licensee(s) for properties within the geographical service area shall provide for recycling of ma- terials designated by the Village. Any contract(s) between the licensed scaven- ger(s) and the Village shall provide for the collection, transportation and for pro- cessing of the recyclable material in accordance with applicable laws and regula- tions. The licensee(s) may contract with a secondary scavenger(s), licensed by the Village, to administer the recycling program. B. Recycling Vehicles; Fee: 1. The licensed scavenger(s) shall be responsible for furnishing, maintaining and replacing all recycling vehicles which are deemed necessary in the recycling pro- gram. On a monthly basis, the scavenger(s) shall rebate to the Village a flat fee per ton of recyclable material collected. This fee shall be determined by the Village and agreed to by the geographical service area scavenger(s) in the solid waste contracts for single-family detached and attached residences, multi -family properties, churches, congregate housing units and Alexian Brothers Medical Center. The scavenger shall furnish a monthly statement for all residential recyc- ling to theVillage showing the weight of recycled materials collected. 2. The Village retains the option of having the scavenger's books and records of accounts audited by a certified public accountant at the Village's expense. Any person violating any of the provisions of subsection B of this Section shall be subject to a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. In addition to or independent of any such penalties imposed the scavenger may be subject to having the scavenger license suspended or revoked for not adhering to the provisions of subsection B of this Section. 3-14-7: INDUSTRIAL OR COMMERCIAL RECYCLING: A. All scavengers licensed by Elk Grove Village to service industrial or commercial properties in the Village shall, as part of their licensing requirements, offer a re- cycling program to their clients. As a minimum the recycling program shall in- clude the following: office paper, cardboard and glass and aluminum containers. The scavenger shall process, store and market the recyclable materials to an end- user. B. The scavenger shall also be required to deliver to each client information on the type of program they offer, and the items they include for recycling. All promo- tional materials must be approved by the Village. C. The licensed scavenger shall furnish monthly totals to the Village for the purpose of monitoring compliances with this Section, indicating the number of clients, the number of clients participating in the recycling program and the amount of ma- terials recycled by category. In addition, the scavenger shall provide the Village with the total amount of materials sent to the landfill. These shall be given in tons or containers with estimated tonnage. The Village retains the option of having the scavenger's books and records audited by a certified public accountant at the Village's expense, to verify the information provided to the Village. D. The scavenger has the option of contracting with a secondary scavenger, licensed with the Village to administer the industrial or commercial recycling program. E. The licensed scavenger shall be responsible for furnishing, maintaining, and re- placing all recycling containers and vehicles which are deemed necessary in the recycling program. 3-14-8: INSPECTIONS: It shall be the responsibility of the Health Officer and Chief of Police to inspect or cause to be made such inspections as may be necessary to insure compliance with the provisions of this Article and all other ordinances relating hereto.