Chapter 8.04 GARBAGE AND REFUSE

A. “Administrator” shall mean, for purposes pertaining to the services, the storage and collection of the materials described herein, and the containers/carts, including the replacement and repair thereof, used for the storage and collection of said described materials, and the receipt and management of residents’ concerns pertaining to the services herein described, shall mean the director of public works or his designee who is authorized to administer this chapter; provided, however, for purposes pertaining to general administrative and collection matters shall mean the village treasurer or his designee authorized to administer this chapter.

B. “Ashes” shall mean residue from fire used for cooking and for heating buildings.

C. “Commercial refuse and waste” shall mean municipal solid waste generated from or by a business or a commercial business enterprise.

D. “Construction material” shall mean wastes from home construction, remodeling and repair.

E. “Demolition material” shall mean wastes resulting from the destruction or demolition of structures or buildings and including, but not limited to, materials such as concrete blocks, broken concrete, plaster, wire and wood lath, timbers and wood building products and other similar nonputrescible materials.

F. “Dwelling unit” shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking, and eating.

G. “Electronic recyclables” shall mean the following electronic products which shall be deemed recyclable: televisions, monitors, printers, computers (laptop, notebook, netbook, tablet, desktop), electronic keyboards, facsimile machines, videocassette recorders, portable digital music players, digital video disk players, video game consoles, small scale servers, scanners, electronic mice, digital converter boxes, cable receivers, satellite receivers, digital video disk recorders, computer cable, servers, hard drives, mobile phones, portable digital assistant-PDA, zip drives, iPods and MP3 players, cellular phones and batteries, telephones, phone systems, answering machines, copy machines, pagers, postage machines, electronic typewriters, overhead projectors, laptop batteries, mainframes, modems, terminals, network switches/routers, tape drives, CD-ROM drives, floppy disk drives, plotters, hair dryers, circuit breaker boxes, power tools, electronic motors, wire, toasters, coffeemakers (no glass), blenders, mixers, DVD players, stereo equipment, joysticks, cameras, camcorders, software, disks, tapes, remote controls.

H. “Garbage” shall mean wastes resulting from the handling, preparation, cooking and consumption of food, including, but not limited to, plastic, papers and glass products that are not included in the village recycling program; wastes from the handling, storage and sale of produce.

I. “Graffiti” shall mean any inscription, drawing, mark or design that is etched, painted, sprayed, or drawn directly upon the exterior of any building or other structure and is visible from the public way; provided, that graffiti shall not include any sign permitted by the zoning code or any decoration that is part of the architectural design of the building or structure.

J. “Initial village pick-up date for residential locations consisting of three or more dwelling units” shall mean the first date that the village begins to collect waste following the expiration, avoidance or cancellation of a current contract, for residential locations which consist of multifamily locations of three or more units, governing the disposal of waste. For the purpose of this definition, “current contract” shall mean the contract in effect on the date of the passage hereof. No multifamily residential unit owner shall extend or allow the extension of any current contract by any means including, but not limited to, renewal, automatic renewal or option so as to delay the initial village pick up from residential locations consisting of multifamily locations of three or more units.

K. “Landscape waste or yard waste” shall mean all accumulations of grass or shrubbery cuttings, leaves, tree limbs, and other material accumulated as the result of the care of lawns, shrubbery, vines and trees.

L. “Large volumes of construction, demolition, remodeling, repair, and residential household cleanup debris” includes, without limitation, drywall, plaster wall debris, brick, concrete, floor covering materials, wood, tiles, plumbing fixtures, all forms of general construction, remodeling, repair debris, and debris resulting from physical damage to property or general residential cleanups, all of which shall be collected in general commercial collection boxes ranging in size from twelve cubic yards to thirty cubic yards.

M. “Light rubbish” shall mean any inorganic refuse, paper or other items not consisting of recyclables or yard waste.

N. “Multifamily locations of three or more units” shall mean all condominiums, apartments and other multifamily developments or locations which contain three or more residential dwelling units.

O. “Municipal waste or garbage” shall mean all garbage, refuse, industrial lunchroom or office waste, and other material resulting from the operation of residential, municipal or multifamily establishments and from community activities which are not defined as recyclable or landscape waste.

P. “Putrescible waste” shall mean solid waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to cause obnoxious odors and to be capable of attracting or providing food for birds or animals.

Q. “Recyclables/recyclable material” shall mean aluminum food and beverage containers (food residue removed/rinsed), steel/bimetal food and beverage containers (food residue removed/rinsed), empty paint containers and other tin and bimetal containers (no liquids), newsprint, magazines, catalogs, phone books, office, computer and notebook paper, junk mail and envelopes, all corrugated cardboard containers broken down into two-foot by two-foot length and width proportions, chipboard (cereal/tissue/food boxes, and kraft paper), glass food and beverage containers – clear, amber, and green (food residue/liquid removed), plastics PETE #1 (soft drink, liquor bottles, food containers), and HDPE #2 (milk, juice, water containers, laundry detergent, bleach bottles) rinsed, food residue/liquid removed, shall be collected by the village or its disposal contractor on the designated collection day provided said recyclables are placed in a village of River Grove recycling container provided each residence or other approved containers for recyclables as described herein.

R. “Refuse” shall mean all noncommercial municipal solid waste (MSW) or household waste generated at the dwelling being served to include household and kitchen wastes, such as discarded food or food residues and paper necessarily used for wrapping same, containers and packaging, aluminum/tin cans, bottles, books, newspapers, boxes and cartons, household debris, durable goods, nondurable goods, clothes, discards, etc., generated; provided, that all such materials are of a size to permit them to be placed in the village program provided refuse cart with the refuse contained within the cart and the lid shut tightly closed; furniture, appliances (in accordance with law) to include, but not be limited to, ranges, microwaves, refrigerators, dishwashers, washing machines, dryers, room air conditioners, freezers, hot water tanks, etc., provided that each additional large or bulk item set outside the village program provided refuse cart for pick up is done so on the designated collection day; amounts of sod, earth, and rocks, provided the last three items listed are put in approved containers and placed out for pick up on the designated collection day; and “do it yourself” home remodeling and repair construction materials provided such materials are placed in approved containers not weighing over fifty pounds per container or if the material is bundled the material does not exceed four feet in length nor weigh more than fifty pounds per bundle.

S. “Residential locations” shall mean all single-family homes, two-family developments and multifamily developments of three or more dwelling units in size, including townhomes, duplexes, two-flats, three-flats, four-flats, and uses that are residential in nature as set forth in RMC Title 17 but specifically excluding dwelling units located in multi-story buildings above the ground floor of office or commercial uses (hereinafter referred to as “mixed use residential-commercial locations”).

T. “Stop” shall mean for the purpose of defining the extent of the collection service to be rendered, and of determining the amount of materials collected (refuse, yard waste, recyclable), each residential location unit shall be considered a “stop.”

U. “Yard waste material” shall mean grass, garden clippings, branch and tree trimmings, shrubbery and leaves generated as the result of the care and maintenance of the dwelling being served and shall be collected by the village or its disposal contractor providing all such materials are placed in separate closed “kraft” paper bags or conventional waste containers (not in plastic bags) clearly marked as containing “yard waste only” or with an “X” or placed in bundles not over four feet in length, with branches no greater than four inches in diameter, with said bundles not weighing more than sixty pounds, not commingled with refuse, recyclables or other waste material and not exceeding thirty-three gallons’ capacity/fifty pounds in weight. (Ord. 2018-22 § 4, 2018; Ord. 2017-18 §§ 3, 4, 2017; Ord. 2014-14 § 3, 2014; Ord. 98-44 § 1, 1998; Ord. 95-9 § 1, 1995)

8.04.020 Approved containers.

A. It is the duty of every owner, agent, tenant or occupant of any residential location, to obtain in compliance herewith and at all times maintain in good order and repair, separate and approved receptacles for garbage, recyclables and yard waste. Intermixing of said items is prohibited. For residential locations, it is unlawful to dispose of any recyclable material, refuse or yard waste material anywhere in the village except through placement of such material in the types of approved containers described in this chapter, and placed for collection as prescribed. For commercial, industrial, school, and other nonresidential establishments, it is unlawful to dispose of any refuse, yard waste material, or recyclable material anywhere in the village except in an incinerator or disposal device, properly constructed and operated by a lawfully established garbage or refuse pick-up service. In addition, the containers utilized by other than residential locations must be of a sufficient size and the frequency of pick-ups must be as often as necessary to provide for all waste to be placed inside the container at all times and to allow for the container to have a lid which securely shuts and seals the container.

B. With respect to electronic recyclables, it is the duty of every owner, agent, tenant or occupant of any residential location to dispose of all electronic devices identified under this chapter in the village-provided receptacle(s) for these electronic items, which shall be maintained at the Village Public Safety Building, 725 West 138th Street, Riverdale, and such other locations as approved by the corporate authorities. (Ord. 2018-22 § 3, 2018; Ord. 2009-08 §§ 1, 2, 2009; Ord. 2007-44 § 1, 2007; Ord. 98-44 § 1, 1998; Ord. 95-9 § 1, 1995)

8.04.030 Collection services – Generally.

A. Placement of Containers for Collection. Residential locations containing three dwelling units or less shall place garbage and trash containers at the edge of the alley or on the parkway between the hours of six p.m. of the day preceding collection until seven p.m. of the day of collection, and all such containers should be set out no later than six thirty a.m. of the day of collection. Garbage and trash containers of residential locations consisting of four or more units shall be placed as directed by the village or its disposal company.

B. Containers Complying with Specifications. Only containers complying with the specifications for garbage and municipal refuse, landscape waste and recyclable materials respectively may be utilized by any residential location.

C. Receptacle Design. All residential location waste containers must close fully to form a watertight seal. No refuse may protrude above the rim of any receptacle. Residents must utilize an additional waste container.

D. Location of Containers. All containers for garbage, ashes and household rubbish shall be stored outside the residence or other building in an accessible place and at ground level on the owner’s private property. No container used for the storage, collection and removal of garbage or other refuse shall be placed in a thoroughfare or in a manner which constitutes a nuisance to adjacent property or the occupants thereof or to the public in general. All receptacles and materials to be collected or disposed of shall be located upon the particular property or upon the parkway immediately adjacent thereto so as not to cause encroachment or inconvenience to a neighboring property or a public way. Receptacles shall be secured and maintained in such manner that their contents will not be removed or scattered by winds or animals. All containers for the deposit of garbage, refuse, yard waste and recyclables shall be located in the rear yard area only.

E. Replacement of Mobile Refuse Containers. Any damage to or loss of village-provided mobile refuse containers shall be reported to the village by the primary user of the mobile refuse container or by the person responsible for the damage or loss within twenty-four hours of the damage or loss. The cost to repair or replace mobile refuse containers damaged or lost due to negligence shall be borne by the person responsible for the damage or loss.

F. Title to Containers. Refuse containers which were provided by the village or its disposal contractor shall remain property of the village and/or its disposal contractor, and shall not be removed from the property on which the dwelling unit is located without the written consent of the village. Refuse containers purchased by a property owner shall be the property of that property owner and shall not be removed from the property owner’s property without the written consent of that property owner.

G. Nonresidential Locations. Every person or entity occupying, operating or controlling any building or portion thereof where persons do not reside, board or lodge, shall provide a separate container for garbage which shall be plainly marked in a conspicuous place “Not For Domestic Use.” Such person or entity shall have the contents of the container removed from the premises at his or her own expense at such time and in such manner as required by law. In the buildings described herein, garbage containers of the kind in domestic use are prohibited. Every person or entity owning or controlling any hotel, restaurant, cafe or other premises where more than twenty guests or boarders are fed daily (excluding residential locations), shall cause all garbage to be placed in a proper metallic container which shall be practically airtight and watertight and shall cause all substances deposited in such containers to be removed from the premises as frequently as the health department shall direct. The removal and disposition of such substances shall be done by such person or entity at his, her or its own expense.

H. Electronic Recyclables. All residents shall deposit electronic recyclables in the proper receptacles for the collection of electronic recyclables at Village Public Safety Building, 725 West 138th Street, Riverdale, and such other locations as approved and directed by the village. (Ord. 2018-22 § 4, 2018; Ord. 2015-24 § 3, 2015; Ord. 2009-05(2), 2009; Ord. 98-44 § 1, 1998; Ord. 95-9 § 1, 1995)

8.04.035 Residential locations of three dwelling units or less.

It is the duty of every owner, agent, manager, tenant or occupant of residential locations of three dwelling units or less to comply with the provisions for the collection and disposal of the following items from such locations by the village and its disposal contractor:

A. Garbage/Solid Waste Containers. Residential locations of three dwelling units or less shall utilize one or more of the village-approved ninety-five-gallon solid waste containers for the disposal of municipal waste within the village. The containers shall be:

1. Of durable plastic material;

2. Of waterproof construction;

3. Equipped with a watertight fitting cover and with handles suitable for mobility by one person;

4. Of a capacity of no more than ninety-five gallons.

B. Recyclables. Recycling receptacles shall be rigid, reusable, clearly marked “RECYCLABLES” and approved by the village. Residential unit recyclable materials shall be placed in one or more of the village-approved sixty-five-gallon solid waste recycling containers. Additional materials, which do not fit into the designated recycling containers, may be placed directly adjacent to a filled container in village-approved recycling bins.

C. Yard Waste. Yard wastes shall be placed in kraft paper biodegradable bags no smaller than twenty gallons and no larger than thirty-three gallons or in a reusable container having a capacity of not more than thirty-three gallons, which must be marked, on its sides, with a twelve-inch red “X.” Bags and containers shall not weigh more than fifty pounds when full and must be used for grass clippings, leaves, weeds and garden waste materials approved by the village.

D. Bulky Landscape Waste/Refuse. Loose materials shall be placed in containers or bundles and tied for disposal. The containers or any item shall weigh no more than fifty pounds nor be in excess of four feet in length. Brush, branches and other bulky landscape waste shall be three inches or less in diameter and securely tied into bundles.

E. Routes, Schedules, Waste Limitations. Garbage, recyclables, refuse and yard waste from residential locations having three dwelling units or less shall be collected as provided for in the contract from time to time existing between the village and its disposal company. The amount of garbage, refuse and recyclables removed weekly from any residential location of three dwelling units or less may be fixed by the contract from time to time existing between the village and its disposal company. Pick-up days for the village shall be displayed in Village Hall.

F. Initial Village Pick-Up Date. Initial village pick-up date for residential locations of three dwelling units or more shall occur on or before August 1, 2019. No resident or owner of a residential location of three dwelling units or more shall extend or allow the extension of any existing contract for the collection of waste, by any means including, but not limited to, renewal, automatic renewal or option so as to delay the initial village pick-up date from residential locations of three units or more. All existing contracts for the removal of waste from residential locations of three units or more shall be terminated and/or canceled or allowed to expire on or before August 1, 2019. If a current contract expires prior to August 1, 2019, the applicable resident or owner shall promptly contact the village to coordinate the initial village pick-up date for the applicable residential location. Upon the effective date hereof, the village shall issue written notice of the adoption and passage hereof to all licensed haulers and disposal companies and known owners, management companies and/or taxpayers of record of all residential locations of three dwelling units or more and advising them of the need to comply with this chapter.

G. Construction/Demolition Material. Wastes that result from the work of a private contractor on a resident’s property will not be removed by the village, its departments or its disposal contractor. It is the responsibility of the private contractor to remove such waste. Such waste that results from the personal labor of a resident at the residential location, unless otherwise prohibited, shall be disposed of as removable refuse if otherwise in compliance with this chapter.

F. Electronic Recyclable Materials and Devices. All recyclable electronic materials and devices shall be placed in the village-provided collection receptacle by the owner or possessor of such property. (Ord. 2018-22 § 5, 2018)

8.04.036 Residential locations of four dwelling units or more.

It is the duty of every owner, agent, manager, tenant or occupant of all residential locations of four or more units to make provision for the collection and disposal of the following items from such locations by the village or its disposal contractor:

A. Residential Locations of Four Dwelling Units or More.

1. Containers for Waste Disposal. Residential locations of four units or more shall utilize village-approved containers for the disposal of municipal waste within the village.

2. Container Design. The containers for municipal waste or garbage refuse of multifamily residential locations of four units or more shall be:

a. Of durable material;

b. Of waterproof construction;

c. Equipped with a cover and with an approved means of collection.

B. Recyclables. Recycling receptacles shall be rigid, reusable, clearly marked “RECYCLABLES” and approved by the village. Residential unit recyclable materials shall be placed in one or more of the village-approved sixty-five gallon solid waste recycling containers. Additional materials, which do not fit into the designated recycling containers, may be placed directly adjacent to a filled container in village-approved recycling bins.

D. Containers Complying with Specifications. Only containers complying with the above specifications for garbage and municipal waste, landscape waste and recyclable materials respectively may be utilized by any residential location of four or more dwelling units.

E. Container Capacity. The container for each residential location of four dwelling units or more shall be properly sized to meet the municipal waste and garbage needs for each applicable residential location. Lids on all containers must close fully. No refuse may protrude above the rim of any receptacle. If the refuse is protruding above the rim of the container, the owner or manager of the residential location of four dwelling units or more shall be obligated to contact the disposal contractor to collect the municipal waste in the village. The owner of the residential location of four dwelling units or more shall also ensure that such garbage is orderly and contained until such time as the disposal contractor completes the pick up. All containers shall be secured and maintained in such manner that their contents will not be removed or scattered by winds or animals.

F. Location of Containers. All containers for garbage, ashes and household rubbish shall be stored outside of the residential location of four dwelling units or more in an accessible place and at ground level on the private property of the residential location. No container used for the storage, collection and removal of garbage or other refuse shall be placed in a thoroughfare or in a manner which constitutes a nuisance to adjacent property or the occupants thereof or to the public in general.

G. Initial Village Pick-Up Date. Initial village pick-up date for residential locations of four dwelling units or more shall occur on or before August 1, 2019. No resident or owner of a residential location of four dwelling units or more shall extend or allow the extension of any existing contract for the collection of waste, by any means including, but not limited to, renewal, automatic renewal or option so as to delay the initial village pick-up date from residential locations of four dwelling units or more. All existing contracts for the removal of waste from residential locations of four dwelling units or more shall be terminated and/or canceled or allowed to expire on or before August 1, 2019. If a current contract expires prior to August 1, 2019, the applicable resident or owner shall promptly contact the village to coordinate the initial village pick-up date for the applicable residential location. Upon the effective date hereof, the village shall issue written notice of the adoption and passage hereof to all licensed haulers and disposal companies and known owners, management companies and/or taxpayers of record of all residential locations of four dwelling units or more and advising them of the need to comply with this chapter. (Ord. 2018-22 § 6, 2018)

8.04.040 Charges and bills.

The village board shall establish a schedule of fees, charges and expenses for the collection of waste and recyclables from residential locations as provided in this chapter and penalties for failure to comply with these provisions. The approved schedule of fees shall be filed and posted in the Village Hall, and may be altered or amended by the village board from time to time.

A. Bills for the collection of material per this chapter will be rendered and due as provided in the Riverdale Municipal Code as it applies to the rendering of water and sewer utilities provided by the village. All penalties and charges that apply to the nonpayment of water bills apply in like kind to the nonpayment of bills rendered for the collection of materials as specified in this chapter.

B. Any person of sixty-five years of age or older and who is the “head of the household” and resides in a residential location consisting of one dwelling unit shall pay the generally applicable monthly per-unit cost minus seventy-five cents. Provided, however, that said person shall submit satisfactory proof to the village clerk of qualification of said rate which shall include but not be limited to the following:

1. Valid Illinois driver’s license;

2. Illinois I.D. card;

3. Birth certificate;

4. Property owner;

5. Lease agreement;

6. Real estate tax bill;

7. Photo I.D.;

8. Marriage certificate if spouse qualifies. (Ord. 2018-22 § 7, 2018; Ord. 2009-01 § 1, 2009; Ord. 2007-53 § 1, 2007; Ord. 2003-43 § 1, 2003; Ord. 2002-34 § 1, 2002; Ord. 2001-18 § 1, 2001; Ord. 2000-12 § 1, 2000; Ord. 99-20, 1999; Ord. 98-44 § 1, 1998; Ord. 98-23 § 1, 1998; Ord. 96-6 § 1, 1996; Ord. 95-9 § 1, 1995)

8.04.050 Uncovered refuse.

It is unlawful to place or permit to remain anywhere in the village any refuse, or other material subject to decay other than leaves or grass, and other than recyclable material, excepting in a tightly covered container. (Ord. 98-44 § 1, 1998; Ord. 95-9 § 1, 1995)

8.04.060 Wind-blown dust, ashes or trash.

It is unlawful to cause or permit to accumulate, except in a covered container, any dust, ashes, or trash or such material that can be blown away by the wind anywhere in the village. (Ord. 98-44 § 1, 1998; Ord. 95-9 § 1, 1995)

8.04.070 Deposits on streets.

It is unlawful to deposit or permit to fall from any vehicle any garbage, refuse, yard waste material or ashes on any public street or alley in the village; provided, that this section shall not be construed to prohibit placing garbage and rubbish, recyclable material and yard waste material in a container complying with the provisions of this chapter preparatory to having such items collected and disposed of per this chapter. (Ord. 98-44 § 1, 1998; Ord. 95-9 § 1, 1995)

8.04.075 Accumulation of garbage, rubbish, refuse and waste materials.

It is unlawful for any owner, lessee, tenant, or occupant of a property to cause or permit any garbage, light rubbish, refuse, or other waste materials to be deposited or to accumulate on: (A) such property; (B) any property abutting, contiguous to or adjoining a street or right-of-way located between the property line of such property and the roadway, surface or pavement of an adjoining street or right-of-way, including any parkway or sidewalk; or (C) the gutter of any street or right-of-way adjacent to such property. All owners, lessees, tenants, or occupants of a property shall be jointly and severally responsible for the prompt removal of any garbage, light rubbish, refuse, or other waste materials from said property. (Ord. 2021-22 § 4, 2021)

8.04.080 Consent of owner.

It is unlawful to dump or place any refuse, yard waste, or recyclable materials or ashes on any premises in the village without the consent of the owner of such premises. (Ord. 98-44 § 1, 1998; Ord. 95-9 § 1, 1995)

8.04.090 Title to wastes.

All refuse, yard waste and recyclable materials collected per this chapter shall become and be the property of the contractor as soon as the same is picked up or otherwise placed in the contractor’s vehicle. (Ord. 98-44 § 1, 1998; Ord. 95-9 § 1, 1995)

8.04.100 Unlawful removal of recyclable material.

It shall be unlawful or any person, firm or corporation, except a refuse collector contracting with the village, to remove any item of recyclable material placed in an area for collection by the village’s contractor. (Ord. 98-44 § 1, 1998; Ord. 95-9 § 1, 1995)

8.04.110 Unlawful damage to village mobile refuse containers.

It is unlawful to remove a mobile refuse containers from a residential property at which it is located, or from a public way or a village easement, unless permission is obtained from the director of public works. It is also unlawful to damage a mobile refuse container. (Ord. 98-44 § 1, 1998; Ord. 95-9 § 1, 1995)

8.04.120 Disposal of yard waste materials.

Yard waste materials shall not be commingled with garbage and refuse or with recyclable materials, but shall be disposed of in compliance with state law. (Ord. 98-44 § 1, 1998; Ord. 95-9 § 1, 1995)

8.04.130 Unlawful disposal.

A. In order to protect the health and welfare of persons in the village, any person who disposes of any refuse, yard waste materials or recyclable materials in violation of this chapter, shall be charged fifty dollars for the special service required to pick up the unlawfully disposed of items, in addition to any other abatement costs incurred or penalties levied by the village for such a violation of this chapter if not paid within thirty days of final judgment. In such cases where the owner of the property and the person or entity in whose name the water and sanitary account is registered, the fifty dollar charge shall be added as a separate item on the municipal utility bill of the person in violation of this section.

B. It shall be unlawful for any person to deposit any refuse, yard waste materials and recyclable materials into any other than their own or to place such items on property other than their own.

C. It shall be unlawful for any unauthorized person to deposit any refuse, yard waste materials and recyclable materials into any dumpster or container of any multiple-unit building or commercial establishment. (Ord. 2017-18 § 5, 2017; Ord. 98-44 § 1, 1998)

8.04.140 Community service officer.

There is hereby created the position of the community service officer. The community service officer is authorized to issue compliance citations for violations of this chapter and for violations of Chapter 10.60 RMC. The community service officer shall perform such other duties as directed from time to time by the mayor or his authorized designee. (Ord. 98-44 § 1, 1998)

8.04.150 Evidentiary presumption.

The fact that refuse, yard waste materials and recyclable materials remain on any occupant’s premises in violation of this chapter shall be prima facie evidence that the owner of such premises is responsible for the violation. (Ord. 2017-18 § 6, 2017; Ord. 98-44 § 1, 1998)

8.04.160 Recycling program coordinator.

There is hereby created the position of recycling program coordinator. The recycling program coordinator is authorized to issue compliance citations for violations of this chapter. The recycling coordinator shall be responsible for the implementation and enforcement of the recycling program within the village. He shall receive such compensation as set from time to time by the mayor and board of trustees. The recycling program coordinator shall perform such other duties as directed from time to time by the mayor or his authorized designee. (Ord. 98-44 § 1, 1998)

8.04.170 Unlawful disposal of refuse, yard waste materials and recyclable materials into another person’s container.

It shall be unlawful for any person to deposit any refuse, yard waste materials and recyclable materials into any approved container as provided in RMC 8.04.020 into another person’s container other than their own. (Ord. 95-14 § 1, 1995)

8.04.180 Unlawful disposal of refuse, yard waste materials and recyclable materials by any unauthorized person into dumpsters.

It shall be unlawful for any unauthorized person to deposit any refuse, yard waste materials and recyclable materials into any dumpster or container of any multiple-unit building or commercial establishment. (Ord. 95-14 § 1, 1995)

8.04.190 Recycling program director.

There is hereby created the position of recycling program director. The recycling program director is authorized to issue compliance citations for violations of this chapter. The recycling program director shall be responsible for the implementation and enforcement of the recycling program within the village. Said director shall receive such compensation as set from time to time by the mayor and board of trustees. The recycling program director shall perform such other duties as directed from time to time by the mayor or his authorized designee. (Ord. 95-24 § 1, 1995)

8.04.200 Nuisance declared – Refuse.

Any refuse that has not been placed in a pick-up container and has not been disposed of on the proper garbage day, found in any lot or tract of land in the village, is declared a nuisance, and it shall be unlawful to permit any such refuse to remain in any such places in violation of this chapter. Such a nuisance shall be considered a violation of this chapter. The village shall for the purpose of abating the nuisance have the right of entry upon the respective property. The costs incurred by the village for such removal shall be charged to the owner of the property. The removal cost shall be the reasonable cost to the village in setting up, maintaining, and operating the required equipment as well as the wages paid to the operators/contractors and overhead paid on the equipment, personnel costs and an administrative cost, in the amount of one hundred twenty-five dollars, which shall be included in the calculation of the costs that shall be charged to and paid by the owner or occupant. The village shall prepare and send to the property owner either (1) a notice and invoice for the cost and expense of removal, or (2) a notice of violation pursuant to the provisions of the Riverdale Municipal Code providing for administrative adjudication of code violations, which such notice shall include an invoice for the cost and expense of removal. If the property owner does not receive a notice of violation, the invoice shall become due within thirty days of issuance. If the property owner receives a notice of violation, the invoice shall become due within thirty days of a final judgment. (Ord. 2023-04 § 3, 2023; Ord. 2017-18 § 7, 2017; Ord. 2014-14 § 4, 2014)

8.04.210 Nuisance declared – Graffiti.

Any graffiti that has been drawn on property in the village, by someone associated with the property or a stranger to the property, is declared a nuisance. The owner of record, or the person in charge, possession or control of any building or structure upon which graffiti is placed or affixed, shall, upon the appearance of the graffiti, cause such graffiti to be removed or concealed. If the owner, occupant or person in control of the real estate does not abate the nuisance within a reasonable amount of time, the village may undertake the removal of the nuisances identified herein. The village shall for the purpose of abating the nuisance have the right of entry upon the respective property, and may charge an administrative cost, in the amount of one hundred twenty-five dollars, which shall be added as a separate item on the municipal utility bill of the person in violation of this section. (Ord. 2017-18 § 8, 2017; Ord. 2014-14 § 4, 2014)

8.04.220 Notice to abate nuisance.

Repealed by Ord. 2017-18. (Ord. 2014-14 § 4, 2014)

8.04.230 Abatement by village.

Repealed by Ord. 2017-18. (Ord. 2014-14 § 4, 2014)

8.04.240 Filing of a lien.

In the event payment is not received within thirty days of a final judgment, or within thirty days of issuance of an invoice if no violation is pursued through administrative adjudication, then pursuant to RMC 8.04.260, the village may file a notice of lien in the office of the Cook County recorder of deeds for the charges incurred pursuant to RMC 8.04.200. The notice of lien shall be filed within one year after the removal cost is incurred. If, for any one parcel, the village engaged in any removal activity on more than one occasion during the course of one year, then the village may combine any or all of the costs of each of those activities into a single notice of lien. (Ord. 2023-04 § 4, 2023; Ord. 2017-18 § 10, 2017; Ord. 2014-14 § 4, 2014)

8.04.250 Lien on premises.

A. The notice of lien shall consist of a sworn statement setting out: (1) a description of the real estate sufficient for identification thereof, (2) the amount of the removal cost, and (3) the date or dates when the removal cost was incurred by the village. Notice of the lien claim shall be personally served on, or sent by certified mail to, the person to whom the prior year’s tax bill was sent. The notice to the owner must include: (1) the identification of the property at issue, (2) a summary of the statutory authority authorizing the lien action, i.e., 65 ILCS 5/11-20-13 and 65 ILCS 5/11-20-15, both as amended, (3) pertinent section of this chapter, which implements the statutory authority referenced prior hereto and for which the owner is charged with violating and (4) and a description of the removal activity.

B. The lien provided for by this section shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the removal activity and prior to the filing of the notice of lien, or to any mortgagee, judgment creditor or other lien or whose rights in and to such real estate arose prior to the filing of the notice of lien.

C. A lien under this section may be enforced by proceedings to foreclose as in the case of mortgages or mechanics’ liens. An action to foreclose a lien under this section must be commenced within two years after the date of filing the notice of lien.

D. Upon payment of the lien cost by the owner of, or persons interested in, the real estate after the notice of lien has been filed, the village shall release the lien and the release may be recorded in the office of the Cook County recorder of deeds.

E. The village attorney is authorized and directed to institute such proceedings, in the name of the village, in any court having jurisdiction over such matter, against any property for which abatement costs remain unpaid thirty days after they have been rendered. (Ord. 2014-14 § 4, 2014)

8.04.260 Penalties.

Notwithstanding any service or abatement costs that may be incurred by a person or entity pursuant to this chapter, any person violating any provision of this chapter shall be fined not less than one hundred dollars nor more than seven hundred fifty dollars for each offense. Every day that a violation exists constitutes a separate offense. Proceedings to enforce violations of this chapter may be initiated and conducted in accordance with and pursuant to the provisions of the Riverdale Municipal Code providing for administrative adjudication of code violations or by any other means provided by law.

A. The availability of any of the foregoing penalties, fines and/or costs shall not limit or preclude any other remedy or remedies by way of revocation, injunction or other relief available to the village, either at law or in equity. (Ord. 2017-18 § 11, 2017; Ord. 2014-14 § 4, 2014; Ord. 95-9 § 1, 1995. Formerly 8.04.200)