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O-01-25VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 - 01- 2 5 AN ORDINANCE AMENDING THE DEERFIELD MUNICIPAL CODE TO EXTEND RESIDENTIAL WASTE COLLECTION SERVICES TO CONDOMINIUMS AND TOWNHOMES PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 16th day of July , 2001. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 16th day of July , 2001. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-01-25 AN ORDINANCE AMENDING THE DEERFIELD MUNICIPAL CODE TO EXTEND RESIDENTIAL WASTE COLLECTION SERVICES TO CONDOMINIUMS AND TOWNHOMES WHEREAS, the Village of Deerfield regulates the collection and disposal of garbage and refuse by the owners and occupants of residential and nonresidential properties in the Village; and, WHEREAS, the Village of Deerfield has traditionally provided residential garbage collection and disposal services to the owners and occupants of single - family residences in the Village and of dwelling units in multiple - family structures consisting of not more than two (2) dwelling units; and, WHEREAS, the corporate authorities of the Village of Deerfield have determined that the owners and occupants of condominium units in multi - family buildings owned and occupied pursuant to the provisions of the Illinois Condominium Property Act, and the owners and occupants of attached single - family residences and townhomes in structures with more two (2) dwelling units should be included in the residential garbage collection and disposal services contracted by the Village; and WHEREAS, the corporate authorities of the Village of Deerfield have determined that the residential garbage and refuse collection regulations contained in Chapter 12, Article 3, of the Deerfield Municipal Code should be amended as hereinafter provided; BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That Section 12 -17 ("Definitions ") of Article 3 ( "Garbage and Refuse ") of Chapter 12 ( "Health ") of the Deerfield Municipal Code,. be and the same is hereby amended by adding the following definitions: (8) "Condominium" shall mean a multi - family building containing more than two dwelling units which has been submitted to the provisions of the Illinois Condominium Property Act. (9) "Unit," when used in connection with "Condominium," means an individual dwelling. unit in a Condominium intended for independent ownership, occupancy and use. (10) "Container," when used in connection with the term "Containerized Service, "shall mean a covered, leakproof, large capacity metal container or dumpster provided for garbage disposal service to the owners or occupants of all units in a condominium building or of all units in an attached single - family or townhome building. (11) "Containerized Service" means garbage and refuse collection service provided to the owners and occupants of units in a condominium building, or in an attached single - family or townhome building, using large capacity containers with a sufficient volume to contain all garbage and refuse placed for disposal by the owners or occupants of the dwelling units to be served by such containers between regularly scheduled collections. (12) " Townhome" shall mean a single - family dwelling unit in a building containing three (3) or more residential dwelling units which are primarily connected horizontally by a common wall. Also meaning "attached, single - family residence." SECTION 2: That Section 12 -18 of Article 3 ( "Garbage and Refuse ") of Chapter 12 ( "Health ") of the Deerfield Municipal Code be and the same is hereby amended to read as follows: Sec. 1248 Residential Waste Collection and Disposal; Collection Rates; Exceptions: (a) It shall be the duty of the owner or occupant of (i) every detached single family residence, (ii) of every attached single - family residence or townhome, (iii) of every condominium unit, and (iv) of the owner of any multiple - family structures consisting of not more than two (2) dwelling units, to provide and at all times maintain in good order and repair a suitable container for garbage and refuse, to secure residential waste collection and removal service as described in this Article, and to provide separate containers for garden waste. (b) Only garbage and refuse shall be deposited in the containers provided for the same, and only garden waste shall be deposited in the containers for such waste. (c) The types of residential waste described in this Article shall be collected and removed by the scavenger employed by the Village, and not by a private scavenger or garbage collection agency except as provided in subparagraphs (f). (d) The scavenger employed by the Village shall collect and remove the types of residential waste described in this Article at the following times: (1) Garden waste shall be collected on a weekly basis in bags containing the appropriate stickers which shall be available for purchase at a price to be determined from time to time by the corporate authorities. (2) Miscellaneous waste shall be collected weekly. (3) Recyclable waste shall be collected on a weekly basis. (4) Garbage and refuse . shall be collected twice per week and at a minimum once per week. (5) Construction debris shall be collected upon request of the resident at a fee mutually agreed to by the resident and scavenger. (e) The residential user fees for curbside collection of garbage and refuse by the scavenger employed by the Village shall be six dollars and fifty cents ($6.50) per month per dwelling unit for once a week service, and ten dollars and seventy -five cents ($10.75) per month per dwelling unit for twice a week service, effective immediately. The billing for said residential waste collection service provided by the Village's scavenger shall be made quarterly for the services performed during the preceding period. If the bill for residential waste collection is not paid by the first day of the month following the billing period for which it is rendered, an additional ten percent (10 %) shall be paid as a service charge for said late payment. (f) The owners and occupants of the following described single - family residences and dwelling units may continue to use a private, scavenger or garbage collection agency to obtain curbside garbage and refuse collection and disposal service a minimum of once per week: (1) Detached single - family residences in areas zoned as multi- family Residential Planned Unit Development that currently use a private . scavenger or garbage collection agency. (2) Attached single - family residences or townhomes which currently use a private scavenger or garbage collection agency to obtain curbside. refuse collection and removal services. The owners and occupants of any such residences that currently use a private scavenger may elect to use the residential waste collection service provided by the Village's scavenger; provided, however, that they shall thereafter continue to use and pay for the Village's scavenger service as provided herein. SECTION 3: That Article 3 ( "Garbage and Refuse') of Chapter 12 ( "Health') of the Deerfield Municipal Code be and the same is hereby amended to add the following as Section 12- 21.1 thereof: Sec. 12 -21.1 Condominium and Townhome Containerized Service: (a) The condominium association of every condominium in the Village shall provide suitable containers for the collection and deposit of garbage and refuse, and shall set aside, provide and maintain a suitable area for containerized service collection of garbage and refuse originating from condominium units. (b) The owners and occupants of every townhome building in the Village that currently uses containerized service for the collection of garbage and refuse originating from the townhome units in such building shall provide suitable containers for the collection and deposit of such garbage and refuse, and shall set aside, provide and maintain a suitable area for containerized service collection of garbage and refuse originating from the townhome units. (c) All containers for containerized service collection of garbage and refuse from condominium units or townhomes shall be kept in a suitable enclosure at all times except when the container is being emptied. Only garbage and refuse shall be deposited in the containers provided for the same. (d) All condominium associations shall provide the owners and occupants of condominium units with containerized service garbage and refuse collection and disposal services from the scavenger employed by the Village, or from a private scavenger or garbage collection agency; provided, however, that any condominium association that elects to have all residential waste collected and removed by the scavenger employed by the Village shall thereafter continue to use and pay for the Village's scavenger service. (e) The owners and occupants of every townhome building in the Village that currently uses containerized service for the collection of garbage and refuse originating from the townhome units in such building shall continue to contract with a private scavenger or garbage collection agency for garbage and refuse collection and disposal services as described in this Article, or they may elect to use the Village's waste collection and disposal service; provided, however, that any townhome building that elects to have all such residential waste collected and removed by the scavenger employed by the Village shall thereafter continue to use .and.pay. for -the Village's _scavenger service. (f) The scavenger employed by the Village shall provide the following .residential waste removal and collection service at the following times to condominiums and townhomes which elect to use the Village's waste removal service: (1) Containerized service for the collection of garbage and refuse from condominiums shall be provided twice per week. Condominium associations that use the Village's scavenger service may arrange additional collections, but such additional collections shall be at the sole cost of the condominium association. (2) Garden waste shall be collected, removed and disposed of by the landscape contractors employed by the condominium association. (3) Miscellaneous waste shall be collected on a weekly basis. (4) Recyclable materials shall be collected on a weekly basis. (5) Construction debris shall be collected upon request of the condominium or townhome unit owner or resident at a fee mutually agreed to by the unit owner or resident and the scavenger. (g) The user fees for containerized service collection of garbage and refuse from eligible condominiums. or townhomes that elect to use the scavenger employed by the Village shall be one dollar and ninety -five cents ($1.95) per month per condominium unit, effective immediately. The billing for said waste collection shall be made monthly to the condominium association for the services performed during the preceding period. If the bill for residential waste collection is not paid by the first day of the month following the billing period for which it is rendered, an additional ten percent (10 %) shall be.paid as a service charge for said late payment. (h) Containers for containerized service collection of garbage and refuse shall be of durable metal or plastic materials and equipped with a tight- fitting cover; watertight and leakproof, of a size to fit within the garbage collection enclosures provided at the condominium; and, of a sufficient size to contain all garbage and refuse to be deposited by condominium unit occupants between. collection dates. SECTION 4: This Ordinance, and each of its terms, shall be the effective legislative act of.a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 16th day of July , 2001. AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0 ) ABSENT: Swanson (1) ABSTAIN: None (0 ) APPROVED this 16th ATTEST: Village ler June 27, 20011