For the purposes of this Article V, the following words and phrases shall have the meanings indicated:
GARBAGE
Putrescible animal and vegetation waste resulting from the handling, preparation, cooking, and consumption of food.
LITTER
Garbage, refuse, and rubbish and all other waste material that, if thrown or deposited, tends to create a danger to public health, safety, and welfare.
REFUSE
All putrescible and nonputrescible solid wastes (except body waste), including garbage, rubbish, ashes, street cleanings, dead animals, animal feces or excremental matter, abandoned automobiles or any parts thereof, and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, but not limited to stones, grass, sticks, paper, rags, straw, wood, rocks, dirt, dust, sidewalk sweeping, turf, sand, debris, junk, automobile bodies, framework, chassis, abandoned automobiles, or any combination of the same, ashes, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, bedding, crockery, and similar materials.
A. 
No person shall throw, place, deposit, or cause to be thrown, placed, or deposited, litter or any dangerous or offensive substances in or upon any public place except in a public receptacle or in an authorized private receptacle for private collection.
B. 
A public receptacle shall not be used for the deposit of garbage.
No person shall throw, or cause to be thrown, litter or any dangerous or offensive substance at a car, vehicle, house, building, or fence.
A person placing litter in public receptacles or in private receptacles shall do so in a manner so as to prevent it from being blown, carried, or deposited by the elements upon public places or private property.
A. 
No person shall sweep, cast, throw, or deposit or cause to be swept, cast, thrown, or deposited in any public place the accumulation of litter from a building or lot or from a public or private sidewalk or driveway, except as permitted by this article.
B. 
All persons owning or occupying property shall keep the sidewalk in front of their premises free from litter.
A. 
No person shall throw or deposit litter from a vehicle onto a public or private place.
B. 
No person shall drive or move a truck or other vehicle unless the vehicle is so constructed, loaded, or covered as to prevent any load or contents of litter from being blown or deposited upon any public or private place.
C. 
No person shall drive or move any vehicle or truck within the Village, the wheels or tires of which carry onto, or deposit in, any street, alley, or other public or private place mud, dirt, sticky substance, or foreign matter of any kind.
No person shall throw, place, deposit or permit to be thrown, placed, or deposited, upon any public or private vacant lot, litter of any description.
A. 
No person shall throw or deposit a commercial or noncommercial handbill in or upon a sidewalk, street, or other public place.
B. 
No person shall hand out or distribute or sell a commercial handbill in a public place.
C. 
This section shall not apply to the distribution in any public place, without charge to the receiver thereof, of a noncommercial handbill to any person willing to accept it.
A. 
No person shall throw or deposit commercial and noncommercial handbills in or upon a vehicle.
B. 
This section shall not apply to the distribution of, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
A. 
No person shall throw or deposit a commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant, except by handing or transmitting the handbill directly to the owner, occupant, or other person then present in or upon the private premises.
B. 
In case of inhabited private premises which are not posted, the distributor, unless requested by anyone upon the premises not to do so, shall have the authority to place or deposit a handbill in or upon the inhabited private premises, if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets, or other public places.
C. 
Mailboxes may not be used when prohibited by federal postal law or regulations.
No person shall post or affix a notice, poster, or other paper or device calculated to attract the attention of the public to a lamp post, public utility pole, or shade tree or upon any public structure or building, except as may be authorized by the owners thereof or required by law.
A. 
No person shall throw, deposit, or store litter on any occupied private property, whether owned by that person or not.
B. 
The owner or person in control of private property may maintain private receptacles for collection and removal of litter, provided that those receptacles shall not be unsightly or detrimental to the surrounding neighbors.
A. 
In general. It is hereby declared a nuisance for any owner of property to maintain a hazardous condition on his or her property within 100 feet of any Village facility. In addition, it is hereby declared a nuisance for any person to introduce or to allow the introduction of a hazardous substance into any Village facility. Any person who allows a hazardous condition to exist violates this section and, if the violation is not resolved pursuant to the procedures in this section, is subject to an enforcement action and fines. Any person who allows a hazardous substance to be so introduced into a Village facility violates this section and is subject to an enforcement action and fines.
B. 
Definitions.
(1) 
When used in this section, the following terms shall have the meanings ascribed to them below:
ASSESSMENT REPORT
A report from a licensed civil engineer that assesses a hazardous condition.
COMMISSIONER
The duly acting or appointed Village Water and Sewer Commissioner, or the Commissioner's designee. For purposes of administering and enforcing this section, the Commissioner shall be authorized to seek the services of the Village Engineer and Village Attorney, as well as any other consultants as the Village Board of Trustees may authorize.
[Amended 5-22-2017 by Ord. No. 2017-12]
HAZARDOUS CONDITION
Any condition or circumstance on any real property within the Village where a hazardous substance exists or is allowed to remain without restraint in a properly authorized container or vessel, or any facility that exists in, on, under, or upon property and contains or at one time contained a hazardous substance (unless the facility is currently licensed, permitted, or authorized by the State Fire Marshal or the Illinois Environmental Protection Agency, or other agency with jurisdiction therefor), where the condition or facility emits a noxious odor, is inflammable, or has an observable or detectable adverse impact on persons, wildlife, or vegetation.
HAZARDOUS SUBSTANCE
Any material in a solid, liquid, or gaseous state that is defined in the Illinois Environmental Protection Act as a "hazardous substance" or "hazardous material"; or any petroleum product, including crude oil, natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel.
OWNER
The legal or beneficial owner of real property, any person with a possessory interest in real property, or any person occupying or in control of real property.
VILLAGE FACILITY
Any pipe, instrument, main, line, conveyance, or other facility or appurtenance of or relating to the Village's potable water system, sanitary sewer system, or stormwater management system.
VIOLATION NOTICE
A notice issued by the Commissioner upon the determination that a hazardous condition exists within 100 feet of any Village facility.
(2) 
In addition to the foregoing terms, the terms defined within this section shall have the meanings therein set forth.
C. 
Detection and notice. Whenever the Commissioner determines that there exists a hazardous condition within 100 feet of any Village facility, and that the hazardous condition may infiltrate or otherwise enter into a Village facility, the Village shall deliver a violation notice by certified and regular mail to the owner of the property at the address of the property; the violation notice shall be deemed delivered when mailed. If the property is unoccupied, the violation notice shall be sent to the address where the last tax bill was sent for the property. The violation notice shall state the nature of the hazardous condition, shall advise the owner that compliance with this section is required, and shall contain a copy of this section. The violation notice may contain any other information that the Commissioner may deem helpful in order to eliminate a hazardous condition.
D. 
Assessment report. Within 60 days after the delivery of the violation notice, an owner shall deliver to the Commissioner an assessment report from a licensed civil engineer that contains a preliminary assessment of the hazardous condition on the property. The assessment report shall contain recommendations for removal and remediation of the hazardous condition on the property. The Commissioner may permit an owner additional time to submit the assessment report, and may allow variances from the requirements of the assessment reports, when the Commissioner believes that additional time or a variance will promote the prompt elimination of a hazardous condition. An owner who fails to deliver an assessment report as required in this section shall be subject to an enforcement action and fines.
E. 
Evaluation and remediation order. Upon review of the assessment report, the Commissioner shall make a determination as to whether the report contains a sufficient analysis of the hazardous condition on the property and an appropriate plan for removal and remediation. If the Commissioner determines that the assessment report is insufficient in these respects, the owner of the property shall have an additional 60 days to supplement the assessment report after notice from the Commissioner. Upon receipt of a sufficient assessment report, the Commissioner shall issue an order of removal and remediation setting forth the action necessary to remove and remediate the hazardous condition on the property. The order of removal and remediation shall include a schedule for compliance with the order of removal and remediation, and it may include a determination that no action is necessary.
F. 
Remediation action. The owner shall promptly undertake the actions set forth in the order of removal and remediation. Upon showing of good cause, the Commissioner may modify the schedule for compliance with the order. The Commissioner shall determine whether the owner's actions conform to the requirements of the order of removal and remediation. An owner who fails to comply with the order of removal and remediation in a timely fashion (subject to the procedures for reviewing such order) shall be subject to an enforcement action and fines.
G. 
Review of remediation order.
(1) 
Petition to Commissioner. Any owner of property that is the subject of an order of removal and remediation may, within 30 days after the issuance of the order (or longer as the Commissioner may permit), petition the Commissioner to modify the order of removal and remediation. The Commissioner shall promptly review the petition and issue an appropriate petition order. The petition order shall be based on the Commissioner's consideration of the costs of the removal or remediation, the risk to Village facilities and the public health and safety, and any other factors deemed relevant by the Commissioner. The petition order shall be delivered to the owner in the same manner as the violation notice, and the petition order shall be reviewable only upon appeal to the Board of Trustees.
(2) 
Appeal to Board of Trustees. Within 30 days after the delivery of the petition order, any affected owner may appeal the petition order to the Village Board of Trustees. The Village Board shall consider the appeal at a regularly scheduled meeting. The Board may take the appeal under consideration and, thereafter, issue a decision to affirm, overrule, or modify the petition order. The decision of the Village Board shall be final. Notwithstanding the foregoing, if new facts are discovered after the decision of the Village Board, an affected owner may petition the Village Board directly for a reconsideration of its decision.
H. 
Enforcement. Any owner of property that is the subject of a violation notice and that has not complied with the provisions of this section shall be subject to an action to abate the nuisance created by the hazardous condition, as well as any fines that are prescribed by law for offenses. Each day that a hazardous condition remains in violation of this section shall be deemed a separate offense. Nothing in this section shall be deemed to limit the Village's right to seek recovery for damages to Village facilities resulting from a hazardous condition or other violation of this section. In addition, to assist in the detection and correction of violations of this section, the Commissioner shall have the right to seek administrative warrants for purposes of inspecting any property suspected of having a hazardous condition.