(a)

Purpose. The village has experienced a proliferation of collection containers and their placement in required parking spaces, required landscaped areas, and residential zoning districts, often without the property owner's permission. The proliferation of these containers has contributed to visual clutter, blight due to graffiti and poor maintenance, and the accumulation of debris and excess items outside of the collection containers. They can also interfere with the proper management of the village's waste stream. The purpose of these regulations is to promote the health, safety, and welfare of the public, and protect the property rights of the owners of the parcels on which the collection containers are located, by providing minimum blight-related performance standards for the operation of collection containers, including establishing criteria to ensure that: (1) material is not allowed to accumulate outside of the collection containers, (2) the collection containers remain free of graffiti and blight, (3) the collection containers are maintained in sanitary conditions, (4) the collection containers are not placed without the approval of property owners, and (5) that contact information is readily available so that the operators can be contacted if there are any blight-related questions or concerns. This section regulates the size, number, placement, installation and maintenance of collection containers, as is necessary to accomplish the foregoing purposes.

(b)

Permit Required; exceptions.

(1)

It is unlawful to place, operate, maintain or allow a collection container on any real property unless the property owner and operator of the collection container first obtains a permit from the village.

(2)

An application for a collection container will be processed as ministerial action in accordance with this section. The zoning administrator will be the decision maker, subject to this Code's appeal process.

(c)

Application.

(1)

The permit application will be made on a form provided by the zoning administrator, and include:

a.

The signatures of the property owner and the operator of the collection container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;

b.

A non-refundable application fee in an amount set by resolution of the village board;

c.

The name, address, email, website (if available) and telephone number of the operator of the collection container and property owner on which the collection container is to be located, including 24-hour contact information;

d.

A vicinity map showing:

1.

The proposed location of the collection container;

2.

The distance between the proposed location and all existing collection containers within 500 feet of the proposed location, as measured from lot line to lot line; and

3.

The distance between the proposed location and all residentially-zoned property within 500 feet of the proposed location, as measured from lot line to lot line.

e.

Photographs of the location and adjacent properties;

f.

A site plan containing;

1.

Location and dimensions of all parcel boundaries;

2.

Location of all buildings;

3.

Proposed collection container location;

4.

Distance between the proposed collection container and parcel lines and buildings; and

5.

Location and dimensions of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement and striping/marking;

g.

Elevations showing the appearance, materials, and dimensions of the collection container, including the information required in this section to be placed on the collection container and notice sign;

h.

A description and/or diagram of the proposed locking mechanism of the collection container;

i.

A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the collection container); and

j.

Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the proposal's consistency with the requirements of this section.

(2)

Permit expiration and renewal. A permit issued under this section will expire and become null and void annually on the anniversary of its date of issuance, unless renewed prior to its expiration. An application for renewal must be submitted prior to the expiration of the permit on a form provided by the zoning administrator, and include:

a.

The signatures of the property owner and the operator of the collection container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;

b.

A non-refundable application fee in an amount set by resolution of the village board;

c.

Photographs of the location and adjacent properties taken within ten days of the submittal of the renewal application;

d.

A detailed description of any changes to the information submitted on the previous application; and

e.

Any other information regarding time, place, and manner of the collection container's operation, placement, and maintenance that is reasonably necessary to evaluate the proposal's consistency with the requirements of this section.

(d)

Decision on application.

(1)

The zoning administrator will approve or deny an application within 60 days of the receipt of a completed application. If the zoning administrator fails to take action on the application within the required 60 days, the application shall be deemed approved.

(2)

The zoning administrator will approve the application if all of the following are true; otherwise the zoning administrator may deny the application:

a.

The applicant has submitted a complete, fully executed and accurate application accompanied by the applicable fee;

b.

The property on which the collection container is to be located has been free of graffiti, as defined by the Village of Bourbonnais Municipal Code, for at least six months prior to the submission of the application, as evidenced by village records for the property;

c.

The property on which the collection container is to be located has been free of any conditions constituting a nuisance, as defined by the Village of Bourbonnais Municipal Code, for at least six months prior to submission of the application, as evidenced by village records for the property;

d.

The applicant is neither currently in violation of, nor has not been found in violation of this section within one year prior to submission of the application; and

e.

The application will be in compliance with all of the applicable provisions of this section.

1.

The zoning administrator will mail written notice to the applicant of the zoning administrator's decision by First Class United States mail, addressed to the applicant at the address provided on the application. If the application is denied, or approved subject to conditions, the notice will set forth the reasons for the denial or conditions, as well as the facts supporting the zoning administrator' reasons.

2.

The decision of the zoning administrator will be final, subject to this Code's appeal provisions.

(e)

Standards.

(1)

Location.

a.

No collection container may be located within 500 feet from any other collection container, as measured from lot line to lot line.

b.

No collection container may be located in a residential zoning district.

c.

No collection container may be located within 500 feet of a parcel in a residential zoning district, as measured from lot line to lot line.

d.

No collection container will be located on or within:

1.

The public right-of-way, including sidewalks;

2.

Area designated for landscaping;

e.

No collection container will be located in or block or impede access to any:

1.

Required parking or driveway areas;

2.

Pedestrian routes;

3.

Emergency vehicle routes;

4.

Building ingress and egress;

5.

Required disabled access routes;

6.

Required or recorded easements;

7.

Trash enclosure areas or access to trash bins or trash enclosures; or

8.

Any place that would impede the functioning of exhaust, ventilation, or fire extinguishing systems.

f.

No more than one collection container will be located on any individual zoning lot.

g.

No collection container will be located within the clear vision triangle of any intersection, or within any required yard or setback.

(2)

Physical attributes.

a.

All collection containers must:

1.

Be fabricated of durable and waterproof materials;

2.

Be placed on a level impervious surface;

3.

Have a tamper-resistant locking mechanism for all collection openings;

4.

Not be electrically or hydraulically powered or otherwise mechanized; and

5.

Not be considered a fixture of the site or an improvement to real property.

b.

Collection containers may not exceed six and one-half-feet in height, five feet in width and five feet in depth.

c.

Signage on collection containers will not exceed five-inch letter height. Collection containers must have the following information conspicuously displayed in at least two-inch type visible from the front of the collection container:

1.

The name, address, 24-hour telephone number, and, if available, the Internet Web address, and email address of the permittee, the operator of the collection container, and the owner of the real property;

2.

The type of material that may be deposited; and

3.

A notice stating that it is strictly prohibited to leave any materials outside the collection container.

(3)

Maintenance and operation.

a.

No overflow collection items, litter, debris or dumped materials will be allowed to accumulate within 20 feet of any collection container.

b.

Collection containers will be maintained at all times in good working order, and at all times free from graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.

c.

Collection containers will be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes maintenance of the container, the removal of collected materials, and removal of any graffiti, litter, or nuisance conditions as defined in this Code.

d.

The operator will maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints.

e.

It is strictly prohibited to allow a collection container to be used for solid waste or hazardous materials.

(f)

Removal; notice.

(1)

The placement, maintenance, or site-hosting of a collection container(s) in violation of any applicable requirements set forth in this section is hereby declared a nuisance.

(2)

In addition to the penalties provided in section 36-11-1(g) and provided by other law, the village may further abate such nuisance by removing and impounding the nuisance collection containers after providing reasonable notice to the permittee, operator of the nuisance collection container, and owner of the real property, by affixing signage on the nuisance collection container. The dated notice will state that the nuisance collection container will be removed and impounded within seven days of the posting of the notice, unless the nuisance conditions are fully corrected to the satisfaction of the zoning administrator in strict accordance with the requirements of this section.

(3)

Following impoundment, the zoning administrator or her designee will provide written notice to any reasonably ascertainable permittee, owner of the nuisance collection container, and owner of the real property that:

a.

The collection container has been impounded; and

b.

If the collection container is not claimed within 180 days of impoundment, the village will be authorized to dispose of the collection container and its contents in accordance with the Law Enforcement Disposition of Property Act, 765 ILCS 1030/3, or in any other lawful manner.

(4)

The permittee, the owner of the nuisance collection container, and the owner of the real property hosting the nuisance collection container are jointly and severally liable for the reasonable costs of removal, storage, and disposal incurred by the village.

(5)

The impounded collection container can be recovered only after the violation is corrected to the satisfaction of the zoning administrator in strict accordance with the requirements of this section, all outstanding final code violation fines, if any, have been paid in full, and a $100.00 administrative processing fee is paid in full.

(g)

Penalty. Any person violating any provision of this section shall be subject to a penalty as provided in section 36-2-8 of this Code. Each day that a violation exists shall be considered a separate violation of this chapter.

(Ord. No. 19-2142, § 2, 4-15-19)