Demo 4

Code of Ordinance

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Garbage means the putrescible and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Inhabited residential dwelling means any room, or combination of rooms, in which one or more people are residing in any multiple dwelling intended to serve more than one family. Each unit thereof shall constitute an inhabited residential dwelling, and each unit shall be so assessed. Apartments, at all times, shall be considered separate units. Except in those cases where sleeping rooms are rented, it is the intent of this article to assess all structures used as multiple dwellings on a unit basis. The sanitation officer may determine the number of units at any given address, and anyone considering himself aggrieved may, within 20 days following receipt of his first billing, protest his ruling to the village council, which shall have authority to make further determination if necessary. Rubbish means the miscellaneous waste material resulting from housekeeping, including ashes, cartons, tin cans, metal, small packing boxes and waste papers, excluding discarded materials from building construction, and further excluding automobile bodies or component parts of any substantial weight or size. Sanitation officer means the superintendent of the sanitation division or other duly appointed representatives of the village council. (Comp. Ords. 1987, § 35.151) Cross reference— Definitions generally, § 1-2.

Any person violating any of the provisions of this article shall be guilty of a misdemeanor and shall be punishable in accordance with section 1-11. (Comp. Ords. 1987, § 35.160) Secs. 54-33—54-50. - Reserved.

Garbage and rubbish shall be collected by village-approved contractors or village personnel at such times and pursuant to rules and regulations established by the sanitation officer. Such rules and regulations shall be published in a newspaper in general circulation in the village at least once before such rules and regulations become effective, and as often as the sanitation officer shall deem necessary. (Comp. Ords. 1987, § 35.153)

In the interest of providing the services as contemplated in this article, the village council shall have the right to enter into contracts with one or more contractors to provide the services required by this article, and no person shall undertake to dispose of garbage or rubbish for others without authority of the village council, and without there being in existence a contract between the village and the licensee for such purposes. (Comp. Ords. 1987, § 35.159)

Every owner, occupant or lessor, or any agent thereof, of any building where garbage or rubbish accumulates shall arrange with the sanitation officer for garbage and rubbish collection. (Comp. Ords. 1987, § 35.157) Secs. 54-54—54-70. - Reserved.

The owner, occupant or lessor, or any agent thereof, of every premises where garbage and rubbish accumulate shall cause to be provided for such premises sufficient and proper receptacles as prescribed in this division. Receptacles that are broken, are without handles, or which otherwise fail to comply with the requirements of this article may be classed as "rubbish," and after due notice to the user may be collected as rubbish. (Comp. Ords. 1987, § 35.154(A))

1. (a) The receptacles for garbage shall be kept on the premises in the rear thereof within an approved distance of the rear entrance to the dwelling or premises. Containers shall be placed at the curb on pickup days and readily accessible to the collectors. Where approved liners are used, it will only be necessary to place the liner and contents at the curb, securely bound at the top.
2. (b) Garbage receptacles shall be of substantial approved construction, free of holes, with proper handles and a tightfitting cover, and shall have a capacity of not less than ten gallons and not more than 20 gallons, and no single receptacle shall weigh more than 100 pounds when full. Garbage receptacles shall be adequate in size and number to hold one week's accumulation. All garbage receptacles shall be maintained in a sanitary condition. (Comp. Ords. 1987, § 35.154(B), (C))

Rubbish receptacles shall be metal or wooden bushel containers with handles, in good condition, and shall weigh not to exceed 100 pounds when full. Rubbish containers other than metal or wooden baskets with handles in good condition, as specified in this section, may be collected as rubbish without notice, except that garbage receptacles may be used as rubbish containers. (Comp. Ords. 1987, § 35.154(D))

Accumulations of rubbish larger than can be contained in a receptacle shall be securely tied in compact bundles not to exceed 100 pounds in weight and placed in a location designated by the sanitation officer. (Comp. Ords. 1987, § 35.154(E))

Empty garbage and rubbish containers shall not be left at the curb more than 24 hours. (Comp. Ords. 1987, § 35.154(F))

Ashes will be removed only when placed in rubbish containers as specified in this division, and shall not contain live coals. (Comp. Ords. 1987, § 35.154(G))

No person shall disturb the contents of any garbage or rubbish receptacle or bundle, or leave the receptacles or contents in a condition other than as provided in this article. (Comp. Ords. 1987, § 35.154(H)) Secs. 54-78—54-100. - Reserved.

The village shall designate approved contractors for waste collection service to industrial and commercial establishments, or may provide village personnel. Any fees or charges for such service to industrial and commercial establishments by the contractor shall be subject to review of the village council in order to ensure reasonableness and fairness of charges. (Comp. Ords. 1987, § 35.155) Secs. 54-102—54-120. - Reserved.

This division shall deal with the following:

1. (1) Compelling removal of refuse, debris, junk or any other matter that causes a public nuisance.
2. (2) Garbage, within the meaning of organic refuse or rejected food waste resulting from the preparation of food or the decaying and spoiling thereof.
3. (3) Rubbish and trash, which is the miscellaneous waste material resulting from housekeeping and ordinary mercantile enterprises, and includes packing boxes, cartons, excelsior, papers, leaves and grass capable of burning and being incinerated without the use of auxiliary fuel. (Comp. Ords. 1987, § 20.102)

1. (a) Declaration of nuisance. The accumulation of refuse, debris and junk in open spaces upon private and/or public property and in the alleys and streets of the village is a menace to health and is a discomfort and inconvenience to the inhabitants of the village and therefore constitutes a public nuisance.
2. (b) Removal required. All persons shall remove all accumulations of refuse, debris, junk or other matter that causes a public nuisance from open spaces upon any lot owned or occupied by them.
3. (c) Removal by village. In case of refusal or neglect of such owner or occupant to remove such refuse, debris, junk or other matter that causes a public nuisance, then it shall be the duty of the chief of police to remove such refuse, debris and junk or other such matter, keeping an accurate account of the expense of such removal. Upon the completion of such removal, the costs thereof shall be a lien upon the land from which the refuse, debris and junk or other such matter shall have been removed, and in case the owner of the lot shall refuse or neglect to pay the costs of such removal on or before April 15 following such removal, the account shall be delivered to the treasurer of the village, who shall assess such sum against the lot from which such removal is made, which tax is levied as an improvement to the lot and shall be collected at the same time and in the same manner as other village taxes are collected, which sum when collected shall be placed in the general fund of the village to reimburse the village for the costs of such removal. (Comp. Ords. 1987, § 20.103(A), (B))

1. (a) All garbage and refuse not otherwise disposed of to the satisfaction of the village shall be disposed of as follows:
   1. (1) Garbage shall be placed in containers which meet the requirements of division 3.
   2. (2) Refuse shall be placed in suitable containers which meet the requirements of division 3.
2. (b) The garbage thus deposited shall be removed not less than once each week and the refuse shall be removed as often as may be necessary.
3. (c) The placing in a garbage container of anything other than garbage shall be a violation of this article.
4. (d) The collection of garbage shall be under the supervision of the village, which shall have the authority to make such regulations as are necessary regarding the time and method of collection as it shall deem necessary for the public health and welfare, subject to the restrictions contained in subsection (c) of this section. (Comp. Ords. 1987, § 20.104)

No person shall bury or burn any garbage, or deposit garbage or rubbish upon any public way or upon any property owned by another or in any body of water within the village, nor shall any person deposit or place any garbage upon any premises owned or occupied by him unless the garbage is enclosed in a suitable container as required in this article. (Comp. Ords. 1987, § 35.156) Cross reference— Rubbish burning, § 34-31 et seq.

It shall be unlawful for any person residing outside the limits of the village to bring into the village any garbage and/or rubbish for the purpose of having such garbage and/or rubbish collected by the village or village-approved contractors under contract with the village. (Comp. Ords. 1987, § 35.157(A)) Secs. 54-126—54-140. - Reserved.

The rates for garbage and rubbish collection shall be established by council resolution and amended at such times as deemed necessary by the village council to defray the cost of collection. (Comp. Ords. 1987, § 35.158(A))

Statements for garbage and rubbish services shall be rendered quarterly on April 1, July 1, October 1 and January 1. (Comp. Ords. 1987, § 35.158(B))

All charges for garbage and rubbish services shall be payable 30 days following the date of billing. Charges not paid within 30 days after the date of billing shall be subject to a collection charge of three percent for each month that the charges remain unpaid following the due date thereof. (Comp. Ords. 1987, § 35.158(C))

The charges for garbage and rubbish services are hereby made a lien upon the premises served thereby. Whenever any such charge against any premises shall be delinquent as of October 1, the village treasurer shall certify such delinquency and such charges may be entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as special assessments against such premises. (Comp. Ords. 1987, § 35.158(E))

Any owner or occupant expecting to be absent from the village for a period of one month or more may notify the village clerk of the expected absence, which notice must be given at least ten days prior to the first day of the month in which service is desired to be discontinued. Discontinuance of service may only commence on the first day of any month. Service will be recommenced upon notice and request upon the first day of the month following the request for resumption of services. (Comp. Ords. 1987, § 35.158(D)) [1]

Footnotes:

--- (1) --- Cross reference— Administration, ch. 2; community development, ch. 26; streets, sidewalks and other public places, ch. 62. State Law reference— Improvement and special assessments, MCL 68.31 et seq., MSA 5.1370(1) et seq.

Printed October 10, 2026 at 1:35 AM from https://demo4.innovativeexpertise.com/documents/code-of-ordinance/print/2372