§ 58-34. Enforcement.  


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  • (a)

    Any person violating this article by engaging in the collection of trash, refuse or garbage within the village without a license shall be deemed guilty of a misdemeanor and shall be subject to punishment as provided in section 1-10.

    (b)

    During any license term, any licensed hauler who violates any provision of this article shall be subject to punishment as provided in section 1-10. In the event of a fourth violation, a 14-day suspension of the hauler's license to collect trash, refuse and garbage within the village shall be imposed. A fifth violation may result in a suspension of the hauler's license for a term of up to two months. Any further, or subsequent, violation within the license term may result in revocation of the hauler's license for the balance of the license term plus one year.

    (c)

    The village, through its officers and duly authorized agents, may issue warnings to any licensed hauler or other person failing to comply with the terms of this article.

    (d)

    In addition to fine, suspension, revocation and warning, the village may institute an appropriate action or proceeding, including an application for injunctive relief, in any court of competent jurisdiction, to compel performance or to prevent, restrain, correct or abate any violation or threatened violation of this article.

    (e)

    Administration and enforcement of this article shall be carried out by the village president, who shall act on behalf of the village in approving or denying applications for licenses under this article, in issuing warnings for noncompliance or violation, and in imposing fines or suspending or revoking licenses under the provisions of this article. Any decision of the president in such capacity may be appealed to the board of trustees of the village by the person affected by such decision by the filing within 15 days of the date of the decision of the president of a request for appeal to the village board. The date of decision shall be the date the decision of the village president is mailed, by United States Postal Service first class postage, certified mail, return receipt requested, to the address of the licensee as set forth in the application for license under this article.

    (f)

    Judicial review of any administrative decision under this article shall be pursuant to the provisions of the Administrative Review Law, 735 ILCS 5/3-101 et seq.

(Ord. No. 13-96, § 1(51.109), 5-22-1996)