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HomeMy WebLinkAboutORDINANCE - 3217 - 10/13/2009 - AMEND CODE/ADMIN FEE HEALTH DEPARTMENTORDINANCE NO. 3217 AN ORDINANCE AMENDING CHAPTER 4 GARBAGE AND REFUSE AND CHAPTER 5 PLANTS AND WEEDS OF TITLE 4 PUBLIC HEALTH OF THE VILLAGE CODE BY ESTABLISHING AN ADMINISTRATIVE FEE FOR SERVICES INCLUDING MONITORING, INSPECTIONS, CORRESPONDENCE, LIEN PREPARATION AND SUCH OTHER EXPENSES INCURRED BY THE VILLAGE WITH RESPECT TO THE ENFORCEMENT OF VIOLATIONS OF SAID CHAPTERS WHEREAS, the Village's Department of Health and Community Services is responsible for the enforcement of certain nuisances and violations set forth in Chapter 4 and Chapter 5 of Title 4 of the Village Code; and WHEREAS, such enforcement often involves additional monitoring, inspections, correspondence, lien preparation and such other expenses incurred when said nuisances are not abated in a timely manner; and WHEREAS, it has been determined that the penalty provisions alone of Chapter 4 and Chapter 5 are often insufficient to cover the administrative time and cost incurred by the Village as well as those matters wherein court proceedings are not initiated; and WHEREAS, it has been further determined that an administrative fee schedule be established in order to reimburse the Village for those services enumerated herein reasonably incurred by the Village. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Section 4-4-7 Penalties of Chapter 4 Garbage and Refuse be and the same is hereby renumbered so as to read Section 4-4-8. Section 2: That Title 4 Chapter 4 Garbage and Refuse of the Village Code be amended by adding thereto a new Section 4-4-7 which shall read as follows: 1 4-4-7 Administrative Fee: In addition to being subject to such penalties as set forth in Section 4-4-8 of this Chapter, any person, firm or corporation violating the provisions of this Section shall be subject to the payment of an administrative fee for services including monitoring, inspections, correspondence, lien preparation and such other expenses incurred by the Village, which administrative fees are as follows: (a) First time offense $ 50.00 (b) Second offense within the same calendar year 100.00 (c) Third offense within the same calendar year 250.00 (d) The fourth and/or additional offenses within the same calendar year for each such offense 500.00 Section 3: That Section 4-5-6 Penalties be and the same is hereby renumbered so as to read Section 4-5-7. Section 4: That Title 4 Chapter 5 Plants and Weeds of the Village Code be amended by adding thereto a new Section 4-5-6 which shall read as follows: 4-5-6 Administrative Fee: In addition to being subject to such penalties as set forth in Section 4-5-7 of this Chapter, any person, firm or corporation violating the provisions of this Section shall be subject to the payment of an administrative fee for services including monitoring, inspections, correspondence, lien preparation and such other expenses incurred by the Village, which administrative fees are as follows: (a) First time offense $ 50.00 (b) Second offense within the same calendar year 100.00 (c) Third offense within the same calendar year 250.00 (d) The fourth and/or additional offenses within the same calendar year for each such offense 500.00 2 Section 5: That Section 4-4-1A-1 Garbage and Refuse Containers Required be amended to read as follows: A. Garbage and Refuse Containers Required: It shall be the responsibility of every owner, or his agent or occupant, of any house, building, or apartment in the Village where garbage or refuse is created, accumulated, or produced to maintain in good order and repair suitable and sufficient containers for use as receptacles for domestic garbage and refuse. Refuse as herein defined shall mean garbage, rubbish or both. Garbage as herein defined shall mean all refuse accumulations of animal, fruit or vegetable matter that attend the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruits or vegetables, and containers originally used for foodstuffs. Rubbish includes all other refuse except rocks, concrete, bricks, and dirt. Section 6: That the Village Clerk is hereby authorized to publish this ordinance in pamphlet form. Section 7: That this ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 13'h day of October 2009. APPROVED this 13`h day of October 2009. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk PUBLISHED this 16`h day of October 2009 in Pamphlet Form. Ordadmfeesweeds.doc 3