Municipal Code & Ordinances

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Municipal Code & Ordinances 2016-11-25T07:36:19+00:00

Code_of_Ordinances

 

Village of Odell – Official Notice

This notice is to serve as a reminder of the following Ordinances that are in effect in the Village of Odell:

  • Owners of dogs – Dogs are to be on a leash, chain or other means of restraint.
  • No grass clippings from the lawn mower, leaves, sticks or landscaping are allowed to be discharged into any street, alley or public way.
  • No grass or weeds shall be allowed to grow to a height exceeding 8 inches.
  • Bonfires are allowed as long as they are not close to any structure or on public right-of -way; yard waste are the ONLY allowable burning material.
  • Construction of Swimming Pools or Hot Tubs requires a building permit.
  • NEV (Golf Carts) must have an annual registration on file with the Village and must comply with equipment regulations according to the Ordinance.

 

Pursuant to Village Ordinances, the above violations of Village Ordinances are subject to fines.

 

AMENDMENT TO THE ORDINANCE RELATING TO THE CONDITIONS OF SUPPLY AND USE OF WATER IN THE VILLAGE OF ODELL

BE IT ORDAINED AND ENACTED by the Board of Trustees of the Village of Odell, Livingston County, Illinois, that an Ordinance entitled “AN ORDINANCE RELATING TO THE CONDITIONS OF SUPPLY AND USE OF WATER IN THE VILLAGE OF ODELL” be and ishereby amended as follows:

  1. That Sub-paragraphs A and B of Paragraph 4 of the subsection entitled “METERS, RATES, AND BILLING” relative to rates for water usage, be and are hereby amended to read as follows:

“A. A minimum rate of Fifteen and 00/100 Dollars ($15.00) for the first 2,600 gallons of water used; and,

B. Six and 30/100 Dollars ($6.30) for each 1,000 gallons in excess of 2,600 gallons.”

  1. That paragraph 7 of subsection entitled “METERS, RATES, AND BILLING” relative to RED TAGGING be and is hereby amended to read as follows:

“ 7. At such time as a water bill shall become delinquent, and shall not have been paid, together with all penalties, by the 30th day after such bill has been rendered by the Clerk/Collector, the Village Clerk/Collector shall immediately cause the property to be “RED TAGGED” on the next following business day, with said tag being physically placed on the subject property. An additional $25.00 service charge shall be added to the outstanding water charges for any property required to be RED TAGGED pursuant to the provisions hereof. The RED TAG shall contain the following information: a) notify the water applicant that water

 

service to the subject property will be discontinued within two (2) business days following the posting of the RED TAG if the entire delinquent water bill has not been paid, together with all delinquencies and services charges; and b) notify the applicant of the procedures for requesting a hearing as provided in paragraph 9 of this ordinance. In addition, in the event that the water applicant is not the owner of the subject property, the Clerk/Collector shall, contemporaneously with RED TAGGING the subject property, mail by first class mail, postage prepaid, a copy of the red tag, together with notice to the owner(s) that the unpaid water charges, including delinquencies and services charges, may create a lien on the real estate.”

The effective date of this Amendment shall be the first water billing cycle in calendar year 2012.

Passed by the Board of Trustees of the Village of Odell on the 12th day of September, 2011.

Rate Increase              Red Tag

 

Ayes     5                     6          

 

Nays     1                     0            

 

BE IT ORDAINED AND ENACTED by the Board of Trustees of the Village of Odell, Livingston County, State of Illinois, as follows:

GENERAL PROVISIONS:

1. All applications to have water service turned on shall be made in, writing to the village Clerk, and shall contain an agreement by the applicant to abide by and accept all the provisions of this Ordinance as conditions governing the use of the Village water supply by the applicant. A deposit of $100.00 shall be made with such application. For purposes of this ordinance, Applicant shall be deemed to include both husband and wife in the case of married applicants, and if the applicant is not married, applicant shall include all adult non-family members residing in the subject premises. All persons constituting the Applicant shall sign the Agreement herein provided for prior to the turn-on of water service to the subject premises. Water service shall not be turned on to the subject premises if any person constituting the Applicant shall then have an outstanding water bill with the Village which is delinquent.

2. A water deposit paid hereunder in connection with the turn-on of water service, shall be returned to the applicant upon the termination of water service to the applicant at the property specifically identified in the water application, provided that all then outstanding bills for water service (including garbage and sewer charges) for the subject property, have been paid in full. Any such deposits refunded hereunder shall be refunded without interest to the applicant during the period in which said deposit has been held by the Village.

3. At such time as the water applicant shall move from the premises, the water service to that specific property shall be discontinued until such time as a new application for water service shall have been signed by a qualified applicant(s), together with, accompanying deposit, in accordance with the terms of this ordinance.

4 . No connections with a water main shall be made without a permit being issued and forty eight (48) hours prior notice having been given to the Public Works Administrator. All such connections shall be made and all such work done at the expense of the applicant. All such connections shall be made under the supervision of the Public Works Administrator or some person authorized by said Public Works Administrator to supervise said work, and no connection shall be covered until the work has been inspected and approved by the Public Works Administrator. Applications for such connections must be made to the Clerk and a non refundable tapping fee shall be paid for each such connection, as follows:

$3 00.00 per connection f’or 3/4 inch water meter and yoke;

$400.00 per connection for 1 inch water meter and yoke;

$466.37 per connection for 1 1/2 inch water meter and yoke;

$703.98 per connection for 2 inch water meter and yoke.

In the event of the installation of any water meter and yoke over two (2) inches, a non-refundable tapping fee shall be paid for each such connection in an amount equal to the actual expense incurred by the Village in connection with the installation of the same, including materials and labor. No water from the Village water supply shall be turned on for service into any premises by any person other than the Public Works Administrator, or some person authorized by said Public Works Administrator to perform this service.

5. No water shall be resold or distributed by the recipient thereof from the Village supply to any premises other than that for which application has been and the meter installed, except in cases of emergency as determined by the Board of Trustees; provided, however that this section shall not prevent an applicant who is engaging in the retail sale of fertilizer or other chemicals from otherwise lawfully incorporating water with such fertilizer or other chemicals in the manufacture of a furnished product which the applicant markets in the normal course of its trade or business.

6. It shall be unlawful for any person not authorized by the Village to tamper with, alter or injure any part of the Village waterworks or supply system, or any meter. In the event that any person does violate any provision of this Ordinance, said person shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not less than ten ($10.00) dollars nor more than five hundred ($500.00) dollars.

Each day that a violation continues shall constitute a separate offense and shall be punishable hereunder as such.

SERVICE PIPES:

1. All taps installed by the Village shall be installed to accommodate a copper tube size service line. All service pipes from the water mains to the premises served thereby shall be installed by and at the cost of the owner of the property to be served or the applicant for the service. Such installation shall be made under the inspection of the Public Works Administrator, or some person authorized by the Public Works Administrator. No person shall perform work on Village property_unless the Public Works Administrator or someone designated by him shall be present to supervise such work,. Further, no person shall perform work on Village property pursuant hereto unless such person shall have submitted a Cert if icate • of Insurance to .the Village in such _ amount or amounts and for such coverages as shall be established from time to time by the Board of Trustees. Anything in the BOCA Code, heretofore adopted by the Village, which is inconsistent with this provision, be and is hereby amended so as to conform with the provisions hereof.

2. No service shall be installed unless it conforms to the specifications contained in the State of Illinois Plumbing Code, as said Code exists on the date hereof and as the same shall be amended from time to time hereafter.

3. All repairs for service, pipes and plumbing systems of buildings shall be made at the expense of the owner of the premises served; provided, however, that any repairs to service lines which are located on public property shall under the supervision of the Public Works Administrator in accordance with Paragraph 1 above. The Village may, in case of emergency, repair any service pipes located on public property, in which case, the cost of such repair work shall be repaid to the Village by the owner of the premises served or applicant, as the case may be.

4. Shut-off boxes or service boxes shall be placed on, every service pipe, and shall be located between the curb line and sidewalk line where practical. Such boxes shall also be located so that they are easily accessible and shall be protected from frost.

METERS, RATES, AND BILLING:

1. All premises using the Village water supply must be equipped_with an adequate water meter obtained from and installed by the Village. Such meter shall remain the property of the Village at all times.

2. The Village Clerk/Collector shall read or cause to be read every water meter used in the Village at such intervals as shall be determined by the Board of Trustees.

3. Any municipal water meter shall be taken out and tested upon complaint of the consumer, upon payment of fifty ($50 00) dollars. If upon test the meter is found not to be within’three (3%) percent of being accurate, it shall be repaired or replaced and the fifty ($50.00) dollar fee returned to the consumer. If upon test the meter is found to be within three (3%) percent of being accurate, then the fifty ($50.00) dollar fee shall be applied to the cost of removing and testing the water meter, with any remaining monies refunded to the customer. All meters shall at all reasonable times be subject to inspection by the Village through its duly authorized agent.

4 . All property upon which any building has been, or may hereafter be erected, having a connection with any mains or pipes and used in connection with the Village water system shall pay the following rates during each billing period. The owner of the premises, the occupant thereof, and the user of the water service shall be jointly and severally liable for the payment thereof to the village. The following rates are hereby established, to wit:

A. A minimum rate of Ten and 00/100 Dollars ($10.00) for the first 2,600 gallons of water used/ and,

B. Five and 30/100 Dollars ($5.30 for each 1,000 gallons in excess of 2,600 gallons.

5. Bills for water use shall be dated and sent out at such times as may be directed by the Village President and the Board of Trustees. If the water customer is not the owner of the premises, the Clerk/Collector shall also send the owner or owners of record of the real estate, as referenced by the taxpayer’s identification number, a copy of each water bill- rendered for the premises. In addition, the owner(s) of the subject property shall also receive a copy of any delinquency notice (s) which may be sent by the Clerk to the applicant,

6. Any water bill which shall not have been paid in full upon the expiration of 20 days from and after the date on which such bill is rendered by the Village Clerk/Collector shall be deemed delinquent. A late .charge in the amount of fifteen (15%) percent per month shall be assessed on any water bill which shall become delinquent.

7. At such time as a water bill shall become delinquent, and shall not have been paid, together with all penalties, by the 3 0th day after such bill has been rendered by the Clerk/Collector, the Village Clerk/Collector shall immediately cause the property to be “RED TAGGED” on the next following business day, with said tag being physically placed on the subject property. The RED TAG shall contain the following information: a) notify the water applicant that water service to the subject property will be discontinued within two (2) business days following the posting of the RED TAG

if the entire delinquent water bill has not been paid, together with all delinquencies; and b) notify the applicant of the procedures for requesting a hearing as provided in paragraph 9_ of this ordinance. In addition, in the event that the water applicant is not the owner of the subject property, the Clerk/Collector shall, contemporaneously with RED TAGGING the subject property, mail by first class mail, postage prepaid, a copy of the red tag, together with notice to the owner (s) that the unpaid water charges, including delinquencies, may create a lien on the real estate.

8. The water supply may be shut off from any premises after the water bill has become delinquent, and without the same having been paid in full (including delinquency charges) , on the third business day after the property has been RED TAGGED as provided in paragraph 7 above, unless the applicant has requested a hearing in accordance with the provisions of paragraphs 7 and 9 hereof. When shut off, the water shall not be turned on except upon the payment of all unpaid water bills, including delinquency charges, and the payment of a fee of $100.00 for restoring service to the property.

9. A water applicant who disputes any portion of a water bill may request a hearing. Said request shall be filed with the Village Clerk/Collector in writing, specifying the nature of the dispute. Water service to the subject premises shall not be shut off pending the disposition of such hearing, unless such service has already been discontinued in accordance with paragraph 7 above prior to the time such hearing is requested by the applicant. Within two (2) business days after receipt of a request for hearing, the Village Clerk/Collector shall set a hearing date and notify the water customer of the date, time and place of such hearing. The hearing officer shall be the Water Superintendent of the Village. At the time and place for hearing, the water customer shall have the opportunity to present such evidence as he may have relative to the accuracy of the charges reflected in the disputed water bill. Upon the conclusion of the hearing, any portion of the bill determined to be proper, due and payable, shall be paid in full within three

(3) days after the hearing officer shall have notified the water customer, in writing, of such decision. If the water bill is not paid in full, together with any delinquencies, within said 3 day period, the water service shall be discontinued, without further notice to the applicant, until such delinquent bill is paid in full, together with the charges hereinabove provided, for water restoration,

10. Charges for water shall be a lien upon the premises as provided by statute. Whenever a bill for water service remains unpaid thirty (30) days after it has been rendered, the Clerk may file with the Recorder of Livingston County, a statement of lien claimed. This statement shall contain the legal description of the premises, the amount of unpaid water charges, and a notice that the Village claims a lien for the stated amount, including all subsequent charges for water thereafter delivered to the premises. If the applicant is not the owner of the premises, the Clerk shall notify the owner (s) of the premises, in accordance with paragraph 5. above.- The failure of the Clerk to mail such notice, or the failure of the owner to receive such notice shall not affect the validity of the lien, nor the right to foreclose the lien for unpaid water services as herein provided.

11. Property subject to a lien for unpaid water charges shall be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as in the case of the foreclosure of statutory liens.

12. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance. Any provision of any ordinance heretofore adopted by the Village which is in conflict with the provisions hereof are deemed superseded by the terms and provisions hereof.

This Ordinance shall be in full force and effect from and after March 1, 2004. .

 

ORDINANCE SETTING FORTH PROVISIONS FOR COMPLIANCE WITH THE ILLINOIS FREEDOM OF INFORMATION ACT WHEREAS, the Freedom of Information Act took effect on July 1, 1984 (5 ILCS 140/1 etseq.) and was substantially amended by PA 96-0542 effective January 1, 2010; and WHEREAS, such Act is intended to provide the public with greater access to the records of public bodies; and WHEREAS, it is necessary for the Village of Odell, Livingston County, Illinois to establish practices and procedures ensuring its full compliance with said Act, so that the public policy stated therein can be carried out effectively and efficiently with respect to the records of the Village. BE IT ORDAINED by the President and the Board of Trustees of the Village of Odell, Livingston County, as follows:

SECTION 1: The Village Clerk is hereby designated as the FOIA Officer to whom all initial requests for access to the records of the Village are to be referred. Such requests are to be made at the offices of the Village Clerk at 213 S. Front Street, Odell, Illinois, between the hours of 6:30 a.m. and 2:30 p.m., Monday through Friday. In the event that the Village Clerk is not available during the times described above, Richard Ribordy is designated as the Deputy FOIA Officer to whom such initial requests are to be made. Except in instances when records are furnished immediately, the FOIA Officer, or his designees, shall receive requests submitted to the Village under the Freedom of Information Act, ensure that the Village responds to requests in a timely fashion, and issue responses under the Act. The FOIA Officer shall develop a list of documents or categories of records that the Village shall immediately disclose upon request

SECTION 2: Upon receiving a request for a public record, the FOIA Officer shall: (1) note the date the Village receives the written request; (2) compute the day on which the period for response will expire and make a notation of that date on the written request; (3) maintain an electronic or paper copy of a written request, including all documents submitted with the request until the request has been complied with or denied; and (4) create a file for the retention of the original request, a copy of the response, a record of written communications with the requester, and a copy of other communications.

SECTION 3: The FOIA Officer and Deputy FOIA Officer shall, within six (6) months after January 1, 2010, successfully complete an electronic training curriculum to be developed by the Public Access Counselor of the State of Illinois and thereafter successfully complete an annual training program. Whenever a new Freedom of Information Officer is designated by the Village, that person shall successfully complete the electronic training curriculum within 30 days after assuming the position.

SECTION 4: Any records which are the subject of a request under the Freedom of Information Act shall be retrieved from such place as they are stored, by the FOIA Officer, or by an employee of the Village acting under the direction of the FOIA Officer. In no event shall records be retrieved by the party requesting them or by any person who is not employed by the Village.

SECTION 5: If copies of records are requested, the fees for such copies, whether certified or not, shall be as determined from time to time by the FOIA Officer pursuant to Section 6(b) of the Freedom of Information Act. The Village Clerk shall maintain a written schedule of current fees in the Clerk’s office. The fees so charged shall reflect the actual cost of copying the records, and the cost of certifying copies, if certification is requested.

SECTION 6: In the event that a request to inspect Village Records is denied by the FOIA Officer, the denial may be appealed to the Public Access Counselor of the State of Illinois.

SECTION 7: The Village Clerk shall prepare: (a) a Village Information Directory; (b) a block diagram of the functional Subdivisions of the Village; (c) a Village Records Directory; and (d) a Records Catalogue, all of which shall be substantially in the same form as the documents attached hereto and made apart hereof as Exhibits “A”, “B”, “C”, and “D”.

SECTION 8: THIS ORDINANCE shall be in full force and effect immediately upon its passage and approval as required by law. , April 20/2012, by the Corporate Authorities of the Village of Odell, County of Livingston, Illinois, , 1 call vote as follows: NAYS: 0 ABSENT: 0 , April 20/4 by the President of the Village of Odell, County ATTEf~ Village Clerk

 

A Financial Records

 

a.      Working Budget

b.     Appropriation Ordinance

c.      Audits

d.     Annual Treasurers Report

e.      Bills

f.      Bank Statements

g.     Receipts for miscellaneous revenue

h.     Receipts for fines

i.       Receipts for license fees

j.       Receipts for building permit fees

k.     Receipts of sales tax, real estate tax and utility tax

l.       Receipts for utility billing

 

B Building Permits

 

C Ordinances

 

a.      Zoning Ordinances

b.     Miscellaneous Ordinances

 

D  Correspondence

 

a.      Out going correspondence

b.     Incoming correspondence

c.      Administrative memoranda

 

E  Personnel Records

 

a.      Payroll

b.     Work Comp files

c.      IMRF

 

F Contracts

 

a.      Garbage

b.     Police

c.      Insurance

d.     Engineering

e.      MFT

f.      Office Equipment

g.     Wind Turbines

 

G Election Records

 

H Board of Trustees

 

a.      Resolutions

b.     Minutes

 

I Planning Commission & Zoning Board of Appeals

 

J Grants

 

a.      Install Sewer System

b.     RO

c.      Wastewater Improvement

 

Any person requesting records of the Village of Odell may make such a request either in person, orally or in writing at the Village Clerk’s office located at 113 S. Front St.  Such request should be made to Iris Thorne, FOIA Officer at such address and if she is not present in person, you should see Richard Ribordy, Deputy FOIA Officer.  Another method would be by mailing, faxing or emailing a written request to either Iris Thorne or Rich Ribordy specifying in particular the records requested to be disclosed and copied. All written requests should be addressed to the FOIA Officer at the address of the Clerk’s office.  If you desire that any records certified, you must indicate that in your request and specify which records must be certified.

 

The fees for any such records, if the person requesting records wishes them to be copied, are as follows:

First 50 pages, black and white, letter or legal size copies, no cost. Additional pages, black and white, letter or legal, actual cost to $0.15.

Electronic records will be formatted subject to reimbursement for costs of recording medium.  Color copies or copies in a size other than letter or legal shall be reimbursed to actual costs.

Costs of certifying each record will be $1.00.

Records may be furnished without charge or a reduced charge, as determined by the Village, if the person requesting the documents states the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest. Waiver or reduction of the fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit.