Division 21.1 - Refuse Collection and Disposal

Chapter 21 - Refuse Collection and Disposal
Division 1

SEC. 21.1-1 DEFINITIONS. The following words and phrases, when used in this Chapter, shall have the meaning given to them in this Section unless the context clearly indicates otherwise:

Ashes - Ashes means residue from fires used for cooking or heating buildings.
Brush - Brush means trimmings from shrubs, trees or other woody plants. (Amended 12/7/76)(Amended 3/1/04 by Ord. No. 4935)
Bulky Waste - Bulky waste means individual items of furniture, equipment or machinery or parts thereof, including as illustrative examples the following: auto parts, tires and wheels, mechanical equipment, TV sets, stoves, refrigerators, furniture pieces, individual items which but for their weight would constitute rubbish, individual items of construction and demolition waste, freezers, clothes washers, clothes dryers, dishwashers, trash compactors, water heaters, furnaces, carpeting, bed mattresses, bed box springs, powered lawn mowers, etc. (Amended 12/7/76) (Amended 3/1/04 by Ord. No. 4935)
Construction and Demolition Waste - Construction and demolition wastes means any lumber, plywood, paneling, plastic board, roofing scraps, sheeting scraps, plastic, glass, concrete, rubble, conduit, pipe, wire or other wastes generated from the construction, remodeling, repair or demolition of the building, dwelling, structure or portion thereof.
Garbage - Garbage means wastes resulting from the handling, packaging, preparation, cooking or consumption of food.
Other Waste - Other waste means any item not specifically other-wise enumerated in the definition section.
Refuse - Refuse means garbage, rubbish, ashes, bulky wastes, brush, construction and demolition wastes and other wastes.
Refuse Collector - means a Town employee under the direction and supervision of the Director of Public Works, or a person, firm or corporation licensed as a refuse collector by the Town of Normal.
Rubbish - Rubbish means combustibles such as paper, cardboard cartons, wood, boxes, excelsior, plastic, rags, cloth, bedding, leather, rubber, or non-combustibles such as metal, tin cans, metal foil, dirt, stone, bricks, ceramics, crockery, glass, bottles or combinations thereof. (Amended 12/7/76) (Amended 3/1/04 by Ord. No. 4935)
Landscape waste – Landscape waste means leaves, yard trimmings and garden waste. Grass, grass clippings, turf, sod and soil are not eligible for collection. (Added 3/1/04 by Ord. No. 4935)

SEC. 21.1-2 TOWN SERVICE

SERVICE PROVIDED – The Town of Normal shall provide by its agents, contractors or employees a refuse collection and disposal service to persons owning or residing in one and two family dwellings within the Town of Normal, in manner and to the extent provided in this chapter. The Town shall not provide such service to any commercial, manufacturing, industrial or business enterprise, to persons residing in residential buildings containing more than two dwelling units, or within any mobile home park, except, the Town shall provide bulky waste, brush, landscape waste and leaf collection for persons residing in residential buildings containing more than two dwelling units and mobile home parks, but only in the manner and to the extent provided in this chapter. The delivery of municipal refuse service by the Town is a mandatory service and owners or occupants of any dwelling shall not have the right to refuse such service. (Amended 9/21/87)(Amended 2/15/93 by Ord. 4109) (Amended 3/1/04 by Ord. No. 4935)
MANAGER’S AUTHORITY – The Municipal Manager of the Town of Normal is hereby authorized to publish schedules for collection by the Town of refuse and to establish and promulgate rules and regulations governing the actions of refuse collectors within the Town of Normal.
SERVICE FEE – There shall be a charge for weekly collection of refuse to the owner and occupant of the following:
1. Such fee shall be in the amount of five dollars ($5.00) per month per single family dwelling and five dollars ($5.00) per month for each unit in a two family dwelling. Beginning April 1, 2008, the foregoing fees shall increase to $7.50 per month. Beginning April 1, 2011, the foregoing fee shall increase to $10.00 per month. (Amended 2/4/08 by Ord. No. 5172)
2. Such fee shall be in the amount of one dollar twenty-five cents ($1.25) per month for each unit in a dwelling exceeding two units.
There shall be a charge for weekly collection of bulky waste only to the owner of the following:
1. Such fee shall be in the amount of five dollars ($5.00) per month per dwelling with more than two units but less than five units.
2. Such fee shall be in the amount of ten dollars ($10.00) per month per dwelling with more than four units but less than nine units.
3. Such fee shall be in the amount of fifteen dollars ($15.00) per month per dwelling with more than eight units.
The refuse fee shall be payable on a bi-monthly basis [once every two (2) months]. Failure to pay the fee upon billing by the Town may result, at the Town’s option, in the placement of a lien against the real estate or may result in the of filing a complaint in Circuit Court seeking a personal judgment against the owner or persons interested in the property subject to such refuse fee, termination of refuse services, termination of water service or other remedies. The election of a particular remedy shall not constitute a waiver of any other remedy available to the Town for collection of the refuse fee.

The owner of the dwelling unit, the occupant thereof and the user of the services shall be jointly and severally liable to pay such fee and the services are furnished to the dwelling unit by the Town only on the condition that the owner of the dwelling unit, occupant thereof and user of the service are jointly and severally liable. The fee for such collection shall be paid in advance, for which the Town of Normal shall provide collection service to the dwelling unit at least once each week. (Amended 12/7/76)(Amended 8/15/77)(Amended 3/5/79)(Amended 3/21/81, eff. 4/1/81)(Amended 2/15/93 by Ord. No. 4109) (Amended 3/1/04 by Ord. No. 4935)

SEC. 21.1-3 REQUIREMENTS FOR UTILIZATION OF TOWN’S COLLECTION AND DISPOSAL SERVICE.

Any owner or occupant of a dwelling unit in a one or two family dwelling desiring to utilize the Town’s refuse and disposal service shall do so in the following manner:
1. Preparation of Garbage, Rubbish, Construction and Demolition Wastes, Bulky Wastes and Ashes:
  1. All garbage shall be thoroughly drained of all liquid.
  2. Any sharp object constituting rubbish or construction or demolition waste shall be securely wrapped in paper.
  3. Ashes shall be extinguished so that no hot coal or fire remains.
  4. No ashes shall be mixed with garbage, rubbish, construction or demolition waste or brush.
2. Receptacles:
  1. Standards: Except as provided in Paragraph 3, all garbage, rubbish, ashes and individual items of construction and demolition waste, after being prepared in the manner required by Paragraph 1 of this Section, shall be placed in a refuse receptacle meeting the following requirements or shall be placed for collection at the time and location provided in Paragraph 3(a).
    1. Approved Receptacles: Receptacles shall be constructed of galvanized metal, aluminum, plastic or other water and weather-proof material. They shall taper from top to bottom, be fitted with handles or bales and be equipped with a cover or lid. Plastic bags of at least 1.5 mil thickness, tied at the top, may be used. Total capacity of any receptacle shall not exceed 30 gallons (30 cubic feet) and a total weight of the receptacle and contents thereof shall not exceed 35 pounds.
    2. Prohibited Containers: Prohibited containers shall include, but not be limited to metal drums, fiber or paper-board drums, wire trash burners, barrels, paper shopping bags, cardboard boxes, receptacles without lids, open plastic bags or containers having sharp or jagged exposures. (Amended 12/7/76)
  2. Responsibility for Maintenance: It is the joint obligation of the owner and occupant of any dwelling unit in a one or two family dwelling desiring to utilize the Town’s refuse collection and disposal service to provide approved refuse containers and maintain same in good repair. Whenever any receptacle shall become defective, it is the responsibility of the owner or occupant to repair or replace same.
  3. Procedure for Disposal of Defective Receptacles: The Town shall have the right to condemn any defective receptacle by placing thereon a red tag or sticker which shall be notice to the owner or occupant of its defective nature. The owner of such receptacle shall replace or repair the same before it is used again and the Town shall have the right to dispose of the defective receptacle during any subsequent collection.
3. Placement of receptacles, the Contents Thereof, Brush, Individual Items Constituting Rubbish, Individual Items Constituting Construction or Demolition Wastes, and Individual Items Which, If They Weighed More than 35 Pounds, Would Constitute Bulky Wastes, for Pick-Up:
  1. Time and Location: No later than 5:00 a.m. of the day of collection and not earlier than 6:00 p.m. of the day preceding collection, any owner, operator or occupant of any family dwelling desiring to utilize the Town’s collection service shall place or cause to be placed receptacles, individual items constituting rubbish, individual items constituting construction or demolition wastes, individual items which, if they weighed 35 pounds or more, would constitute bulky wastes, and brush on the curb line behind the curb of a public street or alley, so placed that the contents will not be scattered by the wind or animals. Receptacles shall be returned to the premises within twelve hours after having been emptied.
  2. Quantities: The Town’s weekly refuse service shall include collection of:
    1. The contents of receptacles meeting the requirements of SEC. 21.1-3(A)(2)(a) except in the case of approved plastic bags, in which case, both the contents and the receptacle shall be collected from single and two family dwellings.
    2. Individual or combination of items from single and two family dwellings weighing no more than five hundred (500) pounds which constitute or would other-wise constitute rubbish, bulky wastes or construction or demolition wastes.
    3. Individual or combination of items from occupant owners in dwellings with more than two units weighing no more than five hundred (500) pounds which constitute or would otherwise constitute rubbish, bulky wastes or construction or demolition wastes.
    4. Individual or combination of items from tenant occupied dwellings with more than two units weighing no more than two thousand (2000) pounds which constitute or would otherwise constitute rubbish, bulky wastes or construction or demolition wastes.
    5. One pile of brush not exceeding six feet in any dimension from each dwelling.
    6. One or more empty cardboard boxes, whether stacked side-by-side or one inside another from each dwelling. (Amended 12/15/75, effective 4/1/76)(Amended 6/21/76)(Amended 12/7/76)
  3. Eligibility for Brush and Bulky Waste Collection. No brush or bulky waste shall be collected which is created by any person, firm, or corporation doing work as a contractor for any other person. (Added by Ord. 3102, 6/7/82)
  4. Other Wastes: The Town of Normal’s refuse disposal and collection service does not include the collection and disposal of “other wastes”.

(Amended 12/7/76)(Entire SEC. 21.1-3 Amended 3/1/04 by Ord. No. 4935)

SEC. 21.1-4 REQUIREMENTS FOR REFUSE RECEPTACLES:

Owners Obligation and Specifications: The owners of business, commercial, manufacturing, industrial, mobile home parks or residential structures other than one or two family dwellings in which refuse is accumulated for disposal shall provide or cause to be provided refuse receptacles meeting the following requirements and shall collect said refuse at least on a weekly basis and shall further provide for private refuse collection of the contents thereof. (Amended 1/18/82)
1. Refuse bins: (referred to from time to time in this Chapter as “dumpsters”) first placed in service after the effective date of this amendatory ordinance, shall meet or exceed the standards, rules and regulations of the Consumer Product Safety Commission and particularly those regulations promulgated in Title 16, Chapter 2, sub-chapter B, Part 1301 as published in the Monday, June 13, 1977 Federal Register, page 30296, Volume 42, Number 113. All others (being refuse bins currently in service) shall be securely fastened with safety chains to permanently fixed objects to prevent them from tipping over. (Amended 3/5/79)
2. Roll-Off Boxes: Open metal attachable containers commonly known and referred to herein as “roll-off boxes” provided however, such roll-off boxes shall not be used for the storage or disposal of garbage, rubbish or other refuse, the accumulation of which in such an open container would constitute a nuisance, cause an offensive odor, or be difficult because the contents would be scattered by the wind.
3. Exceptions: When the use of dumpster or roll-off box would otherwise be required and where conditions exist which would make the use of such a device impossible or impractical, the Director of Public Works may permit the use of other receptacles. Any person desiring to utilize a receptacle other than a dumpster or roll-off box where the use of one would otherwise be required shall submit a written application to the Director of Public Works specifying the nature of the impossibility or impracticality and describing the proposed type of receptacle. The Director may condition his approval in writing as necessary to provide a safe and sanitary refuse disposal procedure.
Location:
1. One and Two Family Dwellings:
  1. Except when lawfully set out for collection, no accumulated refuse shall be stored in the front yard or in the front or side yard of any corner lot.
  2. Refuse not in receptacles shall be neatly stacked and screened from view until lawfully set out for collection.
2. Other Uses or Occupancies:
  1. Dumpsters – Dumpsters shall not be permitted in the front yard or in the front or side yard on corner lots and in business and multiple-family zoning districts, dumpsters shall not be permitted in the front yard, corner side yard, or side yards. Dumpsters shall be screened from view at all times. (Amended by Ord. 3930, 10/15/90)
  2. Roll-Off Boxes – Roll-off boxes shall not be permitted in a front yard or on a dedicated street right-of-way, provided however, the Director of Public Works may issue temporary permission for a roll-off box to be located on the public right-of-way or the Building Commissioner may issue temporary permission for a roll-off box to be placed in a required front or side yard.
  3. Other Receptacles – Other receptacles shall be placed and stored as specified in the permit received from the Director of Public Works.
  4. Exceptions – Any person desiring to locate a dumpster or roll-off box on the dedicated public right-of-way in a yard where the placement of such a receptacle would otherwise be prohibited, other than temporarily, may submit a request to the Director of the Department of Public Works, specifying the proposed location, justifying the location, and detailing how the receptacle will be screened so as to shelter and protect surrounding properties to the same or a greater extent than if the receptacle was located in a yard where it would otherwise be permitted.
  5. Pad – Dumpsters and roll-off boxes shall be located on a concrete or asphalt pad.

SEC. 21.1-5 PRIVATE REFUSE COLLECTORS:

Subject to Supervision – Interference With:
1. No person shall engage in the business of collecting or removing refuse within the Town except as an employee of the Town under the direction of the Director of the Department of Public Works, or as a licensed private refuse collector.
2. It shall be unlawful for any person to interfere with, hinder or obstruct the removal of refuse by any person authorized to do so.
Licensing – Any person, firm or corporation providing a private refuse collection service or otherwise collecting refuse for a fee shall, before providing such service within the Town of Normal, make application for, meet all applicable requirements of, and receive an annual private refuse collector’s license from the Town of Normal in the manner provided herein.
1. Application – Any person desiring a private refuse collector’s license shall make an application herefore by completing and filing with the Town Clerk an application form.
  1. The application shall include:
    1. the location at which the refuse collector will dispose of all refuse collection;
    2. a description of all the applicant’s vehicles which will be utilized in the refuse collection service;
    3. a certification by the applicant that in the operation of the private refuse collection service, the applicant will comply with all applicable ordinances, codes and regulations of the Town, County of McLean and State of Illinois.
  2. The application shall be accompanied by:
    1. A Corporate Surety in a penal sum of $1,000.00, plus $500.00 for each collection vehicle, but in no case in excess of $2,500.00, which shall run to the Town and shall be conditioned that such applicant shall at all times conduct an orderly business and shall at all times observe and comply with the ordinances of the Town relative to the license issued hereunder and that such licensee shall pay all fines, penalties and costs which such licensee may incur for any violation of any ordinance of the Town and such licensee will further provide full services for those customers that have made payment in advance.
    2. A receipt reflecting payment to the Town Treasurer of an annual license fee of $100.00 for the first refuse collection vehicle and $50.00 for each additional refuse collection vehicle. (Amended 9/19/83)
2. Inspection – Upon receipt of a valid and completed application for a private refuse collector’s license, together with the required surety and application fee, the Town Clerk shall notify the Director of the Department of Public Works of receipt of the license application. The Director shall inspect all refuse collection vehicles described in the license application to insure that such vehicles have a properly operating tailgate, are so constructed as to prevent the dropping or falling of any part of the contents during transportation, and are so constructed as to otherwise conform with all application requirements of the Town, McLean County, and the State of Illinois. After inspection and approval, the Director shall notify the Town Clerk in writing that the applicant’s refuse collection vehicles conform with all applicable Town, County and State requirements.
3. Issuance of License – Upon receipt of the Director’s certification, the Town Clerk shall issue an annual private refuse collector’s license to the applicant and shall provide the applicant with a sufficient number of metal refuse collector license plates for each collection vehicle, provided however, no private refuse collector’s license shall be granted to any person who is in default on any contract with the Town.
4. Replacement of Plates – Replacement for refuse collector plates which are lost or destroyed may be obtained from the Town Clerk upon the payment to the Town Treasurer of a $25.00 fee for each such plate. (Amended 9/19/83)
5. License Amendments – Any licensed refuse collector desiring to utilize equipment not enumerated in the license application or previously inspected and approved shall, prior to putting such equipment in operation, amend the license application on file with the Town Clerk, amend the posted surety if necessary, pay the required license application fee for such additional vehicles and have such vehicles inspected and approved by the Director of Public Works to determine that such vehicles conform with the requirements of SEC. 21.1-5(B)(2) of the Municipal Code.
6. License Renewals – All private refuse collector licenses shall be for a one calendar year period and shall expire on December 31st. Licenses and license application fees are not pro-ratable. Any person holding a valid refuse collector’s license shall be entitled to a renewal thereof upon the payment of the annual license application fee provided in SEC. 21.1-5(B)(1)(b)(2), the posting of a valid surety and upon the annual reinspection and approval of all refuse collection vehicles by the Director of the Department of Public Works to determine that such vehicles conform with the requirements of SEC. 21.1-5(B)(2) of the Municipal Code.
OPERATING REGULATIONS:
1. Hours of Collection – Private refuse collectors may make collections only during the time specified as follows:
  1. Collections from single family or two family uses during the hours of 6:00 A.M. to 6:00 P.M., prevailing time, on Monday through Saturday, inclusive;
  2. Collections from multiple family, business, commercial, industrial, or manufacturing uses shall be made only between the hours of 4:00 A.M. to 6:00 P.M., prevailing time.
    (Sub-Paragraph C-1 Amended 9/21/87)
2. Vehicle Covers – All private refuse collectors’ vehicles used in the collection of refuse shall have a tight cover for that portion of the vehicle in which such refuse is carried. Such cover may be made of metal or canvas or similar material and shall be so designed and constructed as to prevent odor or materials from escaping therefrom. Such cover shall be closed at all times while the vehicle is in transit anywhere within the limits of the Town or in route to a disposal or landfill site. (Amended 12/7/76)
3. Plates Attached – The licensee shall attach and maintain refuse collector plates to each vehicle in use.
License Revocation – Any licensee who fails to obey any of the provisions of this chapter may have his license revoked by action of the corporate authority of the Town of Normal after opportunity to be heard in his own behalf.

SEC. 21.1-6 DEPOSITING OR STORAGE OF REFUSE.

Depositing or Permitting Refuse to Remain: It shall be unlawful for any person to deposit, bury, throw, place or cause to be deposited, buried, thrown, or placed in any refuse within the corporate limits of the Town. It shall be unlawful for any property owner, lessee, or tenant to permit any refuse placed, deposited, buried or thrown on any property owned, leased, used, occupied or in which such person otherwise has an interest to remain on such property after such material has been place, deposited, buried or thrown thereon.
Storage or Disposal of Refuse:
1. Burning Prohibited – It shall be unlawful for any person, firm or corporation to burn or set fire to or cause to be burned or cause to set fire to any refuse within the Town of Normal unless such material shall be burned in an incinerator or furnace properly constructed for such purpose and approved by the Environmental Protection Agency.
2. Requirements as to the Storage of Food. It shall be unlawful for any person, firm or corporation to store human or animal food or feed within the Town limits in other than a rat-free and rat-proof container, compartment or building.
3. Refuse Placed out for Collection in Violation of this Chapter. It shall be unlawful for any person to place out for collection or cause to be placed out for collection any refuse within the corporate limits of the Town in a manner violating any provision of this chapter. (Chapter 21 – Refuse Collection and Disposal). (Added 9/21/87)
4. Refuse Placed out for Collection on Street Medians. It shall be unlawful for any person to place out for collection or cause to be placed out for collection any refuse on any street median within the Town of Normal. (Added 9/21/87)
Storage of Lumber, Boxes, Barrels, Etc.: It shall be unlawful for any person, firm or corporation to store any lumber, boxes, barrels, bottles, cans, containers or similar materials evenly piled or stacked on open racks that are elevated not less than 18 inches above the ground, so that such materials will not afford a harborage for rats.
Nuisances:
1. Prohibited Plants: It shall be unlawful for any owner, occupant, or person in control of any lot, place or area within the Town of Normal, or the agent of such owner or person in control of any lot, place or area, to permit the growth of any noxious weeds or to permit the growth of turf grass to a height exceeding eight (8) inches. Such growth is hereby declared to be detrimental to the public health, safety, and general welfare and to be a nuisance. “Lot, place, or area” includes all the lot and the land between the curb and sidewalk adjacent to the lot, place, or area controlled by the above designated persons or agents.
  
  Noxious weeds means any plant now or hereafter listed by the State of Illinois as a Noxious Weed pursuant to the Illinois Noxious Weed Act, 5 ILCS 100/1 et seq., any plant now or hereafter listed as an exotic weed by the Illinois Exotic Weed Act, 525 ILCS 10/1 et seq., and poison ivy (Toxicodendron Radicans), poison oak (Toxicodendron Quericofolium) and poison sumac (Toxicodendron Vernix).
  
  Turf grass means any grass except grasses being grown for food or agricultural purposes and ornamental grasses which are intentionally, occasionally and sporadically planted as part of a landscape design.
  (Entire Sub-paragraph (1) Amended 1/21/97 by Ord. No. 4435)
2. Garbage, Rubbish, Ashes, Bulky Wastes, Brush, Construction and Demolition Wastes, Fill, Excavation Dirt, and Other Wastes: The presence upon land within the corporate limits of the Town of Normal of accumulated garbage, rubbish, ashes, bulky wastes, brush, construction and demolition wastes, fill and excavation dirt mounded above the natural terrain, and other similar wastes, is hereby declared to be detrimental to the public health, safety, and general welfare, and is declared to be a nuisance. (Amended 4/21/86)
3. Refuse Placed Out for Collection in Violation of this Chapter. Refuse placed out for collection in violation of this chapter including but not limited to the non-timely placement of bulky waste at the curb line for collection is hereby declared to be detrimental to the public health, safety, and general welfare and is declared to be a nuisance. (Amended 9/21/87)
4. Nuisance Abatement:
  1. In the event of a violation of SEC. 21.1-6(D)(1) or (2), the Building Commissioner or his designate, shall notify, in writing, such owner, occupant, person in control, or agent to cut, destroy, or remove such growth or objects as are prohibited by said Sections. In the event such owner, occupant, person in control, or agent cannot be located after reasonable inquiry, posting shall be sufficient notice. The notice shall state that unless such nuisance is so abated or removed by a specified date, the Town will cause it to be abated or removed, that the cost thereof will be charged to the owner, occupant, or person causing, permitting or maintaining the nuisance, and that such cost shall be a lien upon the real property where the nuisance was abated or removed. Such notice shall also state that the failure of such owner, occupant, person in control, or agent to abate the nuisance as required by such notice shall be deemed an implied consent for the Town to abate or remove such nuisance. Such implied consent shall be deemed to form a contract between such owner, occupant, person in control, or agent and the Town. If such owner, occupant, person in control, or agent fails to abate any nuisance within the time limit specified in such notice, the Town may proceed to abate such nuisance, keeping an account of the expense of the abatement as to each particular lot or tract, and such expense shall be charged and paid by such owner, occupant, person in control, or agent.
  2. In the event of refuse placed out for collection at the curb line in violation of this chapter, the Town may cause such nuisance to be abated or removed. The owner and occupant of the property abutting the point of collection shall be jointly and severally liable to pay for the cost of removing refuse placed out for collection at the curb line in violation of this chapter. The placement of refuse at the curb line in violation of this chapter being an offer by the owners and occupants of the property abutting the point of collection for the Town to remove said refuse and charge said owners and occupants the cost of such removal. When Town employees are used to remove refuse placed out for collection at the curb line in violation of this chapter, then a minimum fee of one hundred dollars ($100.00) shall be charged for the removal of said refuse by the Town. (Added 9/21/87)
5. Administrative Expense: In addition to the expenses set forth in SEC. 21.1-6(D)(4), the Town shall charge a fifty dollar ($50.00) fee to cover a portion of the administrative costs incurred for removal of the nuisance. Where the Town causes the removal of grass, weeds, or other growth from more than one lot in the same subdivision and said lots are owned by the same persons, then the Town shall charge a fifty dollar ($50.00) fee for the first such lot and a five dollar ($5.00) fee for each additional lot. (Amended 9/21/87)
6. Lien or Personal Judgment: If the costs of abating or removing the nuisance remain unpaid, the Town at its option, may file a lien upon the real property where the nuisance was abated or removed, or commence proceedings in the Circuit Court seeking a personal judgment from the owner of or persons interested in such property where the nuisance was abated or removed, or the owner or occupant of the property abutting the point of collection in case of refuse place out for collection at the curb line in violation of this Chapter. (Amended 9/21/87)
  1. Lien: When the Town exercises its right to file a lien upon the real property where the nuisance was abated or removed, the Town must file a Notice of Lien in the office of the Recorder of Deeds of McLean County. Such Notice shall consist of a sworn statement setting out:
    1. A description of the real estate, sufficient for identification;
    2. The amount of money representing the cost and expense incurred or payable for the service, and;
    3. The date or dates when such cost or expense was incurred by the municipality. This lien shall be superior to all other liens except taxes, provided, however, it shall not be valid as to any purchaser whose right in and to such real estate have risen subsequent to the date on which such costs were incurred and prior to the filing of such Notice and a lien of the Town shall not be valid as to any mortgages, judgment, creditor, or other lien or whose rights in and to such real estate arise prior to the filing of such Notice. Upon payment of the costs and expenses by the owner or any other person interested in such property, after the Notice of Lien has been filed, the lien shall be released by the Town and the release may be filed of records as in the case of filing the Notice of Lien. The lien may be enforced by proceeding to foreclosure, as provided by law.
  2. Personal Judgment: When the Town exercises its right to obtain a personal judgment against an owner, occupant, person in control, or agent for the cost of abatement or removal of a nuisance, the Town shall file an action in the Circuit Court against any person or persons to whom notice was sent as authorized in SEC. 21.1-6(D)(4), or the persons responsible as set forth in SEC. 21.1-6(D)(4)(b).
    
    Said action shall be based upon the implied consent by said persons to form a contract with the Town for the abatement or removal of said nuisances. The action authorized by this paragraph shall be in addition to, and without waiver, of any other remedy. (Amended 7/17/85)(Amended 9/21/87)
Disturbing Refuse of Another. It shall be unlawful for any person other than a refuse collector employed or licensed by the Town to remove, disturb or damage any refuse or refuse receptacle properly set out for collection, provided however, any person may remove refuse set out for collection on property owned, rented, leased or in which such person otherwise has a legal interest. (Amended 12/7/76)
Demolition Refuse. All refuse resulting from the demolition of any building must be removed from the building site within seven (7) days following demolition. (Added 5/5/86)

SEC. 21.1-7 PENALTY. Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with or resisting or opposing the enforcement of any of the provisions of this chapter, except when otherwise specifically provided, upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. A separate and distinct offense shall be regarded as committed each day upon which said person shall continue any such violation or permit any such violation to exist. (Amended 12/15/75, eff. 4/1/76)

Chapter 21 - Refuse Collection and Disposal Division 1

Chapter 21 - Refuse Collection and Disposal
Division 1