Cahokia, Illinois Code of Ordinances

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1 Cahokia, Illinois Code of Ordinances Village of Cahokia, Illinois Code of Ordinances 2005 S-7 Supplement contains: Local legislation current through Ord , passed State legislation current through 2005 Legislative Service Pamphlet No. 5 Cahokia Village Hall 103 Main Street Cahokia, IL Mayor Phone Number: (618) Clerk's Office: (618) Fax Number: (618) TITLE I: GENERAL PROVISIONS Chapter 10. GENERAL PROVISIONS CHAPTER 10: GENERAL PROVISIONS Section Title of code Definitions Section headings Rules of construction Official time Revivor; effect of amendment or repeal Reference to other sections Conflicting provisions Amendments to code Severability Reference to public office or officer Errors and omissions Ordinances repealed Ordinances unaffected Ordinances saved Technical codes Historical and statutory references General penalty TITLE OF CODE. This codification by and for the Village of Cahokia, Illinois shall be designated as the code of Cahokia and may be so cited DEFINITIONS. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

2 ANOTHER. When used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. BOARD OF TRUSTEES or VILLAGE BOARD. The Board of Trustees of the village. COUNTY. St. Clair County, Illinois. COUNTY BOARD. The County Board of St. Clair County, Illinois. (ILCS Ch. 5, Act 70, 1.07) COURT. Construed to mean any court of competent jurisdiction. DECREE. Synonymous with JUDGMENT. (ILCS Ch. 5, Act 70, 1.24) ELECTORS. Persons qualified to vote for elective officers at municipal elections. (ILCS Ch. 65, Act 5, 1-1-2) EXECUTIVE OFFICER. Words used for an executive or ministerial officer may include any deputy or other person performing the duties of such officer, either generally or in special cases. (ILCS Ch. 5, Act 70, 1.08) HERETOFORE or HEREAFTER. HERETOFORE means any time previous to the day on which the ordinance, resolution, or statute takes effect; HEREAFTER means at any time after that date. (ILCS Ch. 5, Act 70, 1.17) HIGHWAY,ROAD, or STREET. May include any road laid out by authority of the United States, or of this state, or of any town or county of this state, and all bridges thereupon. (ILCS Ch. 5, Act 70, 1.16) ILCS. Illinois Compiled Statutes, 1992, as heretofore and hereafter amended. KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves, or as a servant, agent, or employee. LAND or REAL ESTATE. Includes rights and easements of an incorporeal nature. MAY. The act referred to is permissive. MAYOR. The President of the Village of Cahokia. MONTH. A calendar month. (ILCS Ch. 5, Act 70, 1.10) MUNICIPAL CODE. The Illinois Municipal Code, ILCS Ch. 65, Act 5. OATH. Includes affirmation, and SWEAR includes affirm. (ILCS Ch. 5, Act 70, 1.12) OWNER. When applied to property, includes any part owner, joint owner, purchaser and seller under a contract and/or deed, or tenant in common of the whole or part of the property, and includes any beneficiary of a land trust which owns property. PERSON. Any legal person; includes associations, partnerships, corporations, joint ventures, and bodies politic and corporate as well as individuals. (ILCS Ch. 5, Act 70, 1.05) PERSONAL PROPERTY. Includes all property except real. POLICE OFFICERS. Police officers employed and in the service of the Village of Cahokia. POLICE FORCE. Shall be construed to include such persons in the employ of a village as members of the Department of Police, who are or shall hereafter be appointed and sworn as police officers. (ILCS Ch. 5, Act 70, 1.20) PREMISES. As applied to property, includes land and buildings. PROPERTY. Includes real, personal, mixed estates, and other interests. PUBLIC AUTHORITY. Includes school districts; units of legal government; the village, county, state, or federal governments, officers and agencies thereof, or any commissions or committees thereof; or any duly authorized public official. PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation, or amusement.

3 REAL PROPERTY. Includes lands, tenements, and hereditaments. REGISTERED MAIL. Includes certified mail and CERTIFIED MAIL includes registered mail. SHALL. The act referred to is mandatory. SIDEWALK. That portion of the street between the curb line and the adjacent property line intended for the use of pedestrians. (ILCS Ch. 625, Act 5, 1-188) SPECIAL DISTRICTS. The meaning ascribed in Article VII of the constitution of the state of Illinois of (ILCS Ch. 5, Act 70, 1.29) STATE. The state of Illinois. STREET. Where the context admits, includes alleys, lanes, courts, boulevards, squares, and other public thoroughfares. TENANT or OCCUPANT. As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of the premises, alone or with others. THIS CODE or THIS CODE OF ORDINANCES. The village code hereby adopted, and as hereinafter modified by amendment, revision, and by the adoption of new titles, chapters, or sections. UNITS OF LOCAL GOVERNMENT. The meaning established in Section 1 of Article VII of the constitution of the state of Illinois of (ILCS Ch. 5, Act 70, 1.28) WEEK. Seven consecutive days. VILLAGE. The Village of Cahokia, Illinois. WHOEVER. Includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. WRITTEN or IN WRITING. Includes printing and any other mode of representing words and letters; but when the written signature of any person is required by law to any official or public writing or bond, required by law, it shall be in the proper handwriting of that person, or in case he is unable to write, his proper mark, except as otherwise provided by law. (ILCS Ch. 5, Act 70, 1.15) YEAR. A calendar year unless otherwise expressed; and the word YEAR alone is equivalent to the expression Year of Our Lord. (ILCS Ch. 5, Act 70, 1.10) SECTION HEADINGS. Headings and captions used in this code are employed for reference purposes only, and shall not be deemed a part of the text of any section RULES OF CONSTRUCTION. (A) Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative or judicial definition or otherwise, shall be construed accordingly. (B) As used in this code, unless the context otherwise requires, the following rules will be followed: (1) The singular shall include the plural, and the plural shall include the singular; (ILCS Ch. 5, Act 70, 1.03) (2) Words of one gender shall include the other genders; (ILCS Ch. 5, Act 70, 1.04) (3) Words in the present tense shall include the future; and (ILCS Ch. 5, Act 70, 1.02) (4) AND may be read OR, and OR may be read AND, if the context admits.

4 (C) The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this state, and then it shall also be excluded. If the day succeeding Saturday, Sunday, or a holiday is also a holiday or a Saturday or Sunday, then the succeeding day shall also be excluded. (ILCS Ch. 5, Act 70, 1.11) (D) When the law requires an act to be done which may by law as well be done by an agent as by the principal, the requirement shall be construed to include all such acts when done by an authorized agent. (E) Words purporting to give joint authority to three or more municipal officers or other persons shall be construed as giving authority to a majority of the officers or persons. (ILCS Ch. 5, Act 70, 1.09) (F) These rules of construction shall not apply to any provision of this code which shall contain any express provision excluding that construction, or when the subject matter or context of this code may be repugnant thereto. (G) All general provisions, terms, phrases, and expressions shall be liberally construed in order that the true intent and meaning of the President and Board of Trustees may be fully carried out. (ILCS Ch. 5, Act 70, 1.01) (H) The provisions of any ordinance, in so far as they are the same as those of any prior ordinance, shall be construed as a continuation of the prior provisions, and not as a new enactment. (ILCS Ch. 5, Act 70, 2) OFFICIAL TIME. The official time for the village shall be as set by federal law REVIVOR; EFFECT OF AMENDMENT OR REPEAL. (A) The repeal of a repealing ordinance does not revive the ordinance originally repealed, nor impair the effect of any saving clause therein. (B) The reenactment, amendment, or repeal of an ordinance does not do any of the following, except as provided in division (C) of this section: (1) Affect the prior operation of the ordinance or any prior action taken thereunder; (2) Affect any validation, cure, right, privilege, obligation, or liability previously acquired, accrued, accorded, or incurred thereunder; (3) Affect any violation thereof or penalty, forfeiture, or punishment incurred in respect thereto, prior to the amendment or repeal; or (4) Affect any investigation, proceeding, or remedy in respect of any privilege, obligation, liability, penalty, forfeiture, or punishment. The investigation, proceeding, or remedy may be instituted, continued, or enforced, and the penalty, forfeiture, or punishment imposed, as if the ordinance had not been repealed or amended. (C) If the penalty, forfeiture, or punishment for any offense is reduced by a reenactment or amendment of an ordinance, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the ordinance as amended REFERENCE TO OTHER SECTIONS. (A) Wherever in a penalty section reference is made to a violation of a section or an inclusive group of sections, the reference shall be construed to mean a violation of any provision of the section or sections included in the reference.

5 (B) References in this code to action taken or authorized under designated sections of this code include, in every case, action taken or authorized under the applicable legislative provision which is superseded by this code. (C) Whenever in one section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision and the context clearly indicates that the reference to the section as amended or revised was not intended CONFLICTING PROVISIONS. If the provisions of different codes, chapters, or sections of these codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole AMENDMENTS TO CODE. All ordinances passed subsequent to this code which amend, repeal, or in any way affect this code may be numbered in accordance with the numbering system of this code and printed for inclusion herein, or in the case of repealed chapters, sections, and subsections, or any part thereof, by subsequent ordinances, the repealed portions may be excluded from the code by the omission from reprinted pages affected thereby, and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of subsequent ordinances until this code of ordinances and subsequent ordinances numbered or omitted are re-adopted as a new code of ordinances by the Board of Trustees SEVERABILITY. If any provisions of a section of these codified ordinances or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable REFERENCE TO PUBLIC OFFICE OR OFFICER. Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the village exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. Such references shall also include the designee or agent of any such officer or office, unless the law or the context clearly requires otherwise ERRORS AND OMISSIONS. If a manifest error is discovered consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached, or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected, and the word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provision shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error ORDINANCES REPEALED.

6 This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code of ordinances ORDINANCES UNAFFECTED. All ordinances of a temporary or special nature (including, but not limited to tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming, or vacating streets, alleys, or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the village; and all special ordinances) as well as any other ordinances pertaining to subjects not enumerated and embraced in this code of ordinances, shall remain in full force and effect unless herein repealed expressly or by necessary implication ORDINANCES SAVED. Whenever an ordinance by its nature either authorizes or enables the Board of Trustees or a certain village officer or employee to make additional regulations for the purpose of carrying out the intent of the ordinance, all regulations of a similar nature serving that purpose effected prior to the codification and not inconsistent thereto, shall remain in effect and are saved TECHNICAL CODES. Whenever any technical codes are incorporated herein by reference, any subsequent amendments or revisions to such technical codes shall automatically become a part of this code and shall be made available for public inspection by the village. Further, to the extent of any conflict between the technical provisions of this code and any technical codes adopted by reference, the most restrictive provision shall prevail HISTORICAL AND STATUTORY REFERENCES. (A) As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed ; Am. Ord. 15, passed ; Am. Ord. 20, passed ; Am. Ord. 25, passed ) (B) An ILCS cite included in the history indicates that the text of the section reads either verbatim or substantially the same as the statute. Example: (ILCS Ch. 65, Act 5, ) (Ord. 10, passed ; Am. Ord. 20, passed ). An ILCS cite set forth as a statutory reference following the text of the section indicates that the reader should refer to that statute for further information. Example: PUBLIC RECORDS AVAILABLE. The village shall make available to any person for inspection or copying all public records, as provided in the Illinois Freedom of Information Act. Statutory reference: Freedom of Information Act, see ILCS Ch. 5, Act 140, 1 et seq GENERAL PENALTY. Whoever violates any provision of this code or other ordinance of this village for which another penalty is not specifically provided, shall be fined not more than $750 for each and every violation thereof, and every day the violation continues shall constitute a separate offense.

7 Statutory reference: Limitations on penalties, see ILCS Ch. 65, Act 5, Authority to imprison for certain ordinance violations, see ILCS Ch. 65, Act 5, TITLE III: ADMINISTRATION Chapter 30. BOARD OF TRUSTEES APPENDIX: MAP OF DISTRICTS 31. VILLAGE OFFICERS AND EMPLOYEES 32. FINANCE AND TAXATION 33. CODE ENFORCEMENT 34. PUBLIC RECORDS APPENDIX: EXHIBITS 35. VILLAGE POLICY 36. ETHICS ORDINANCE CHAPTER 30: BOARD OF TRUSTEES Section Meetings Salaries Trustee districts Appendix: Map of Districts MEETINGS. The regular meetings of the Village Board are hereby fixed on the first and third Tuesday of each month at the hour of 7:00 p.m. (Ord. 945, passed 10-6-) SALARIES. The salaries of the Village Trustees and village officials shall be as set by ordinance from time to time TRUSTEE DISTRICTS. (A) Pursuant to the provisions of ILCS Ch. 65, Act 5, the village is hereby redistricted into six compact and contiguous districts of approximately equal population of which each of such districts shall be represented by one Trustee who shall have been an actual resident of the district for at least six months prior to his election; and that only the electors of each of the districts shall elect a trustee for that district. (B) The districts are hereby established as follows: (1) District 1. Beginning at the intersection of Illinois Route 3 and the northern city limits continue easterly along the city limits to the Missouri Pacific Railroad; continue south along the Missouri Pacific Railroad right-of-way to Jerome Lane; continue east along Jerome Lane to Range Lane; continue south and west on Range Lane to the intersection of Route 157; continue northeasterly along Illinois Route 157 to the intersection of Falling Springs Road; continue northeasterly along Falling Springs Road to a point.056 miles south of intersection of Falling Springs Road and Upper Cahokia Road; and continue northeasterly to Kinder Street; continue west on Kinder Street to White Street; continue southwest on White Street to Lee Street; continue west on Lee Street to Illinois Route 3; continue northeasterly along Illinois Route 3 back to point of beginning.

8 (2) District 2. Beginning at the intersection of the northern city limits and Missouri Pacific Railroad right-of-way continue southeasterly along the city limits to a point.058 miles from the north extension of Carol Street; continue southerly across Interstate 255 to Mousette Lane and continue west on Mousette Lane to Jerome Lane; continue north along Jerome Lane to the west side of Interstate 255; continue southwesterly along the west side of Interstate 255 to Camp Jackson Road/Illinois Route 157; continue northwesterly along Camp Jackson Road/Illinois Route 157 to Annunciation Drive; continue northeasterly along Annunciation Drive to Morning Star Drive; continue northwesterly along Morning Star Drive to Kazilek Drive; continue northeasterly on Kazilek Drive to St. Raphael Drive; continue southeasterly along St. Raphael Drive to St. Kevin Drive; continue northeasterly along St. Kevin Drive continue northwesterly along St. Stephen Drive to Kay Street; continue northeasterly along Kay Street to St. Stephen Drive; continue northwesterly along St. Stephen Drive to Kay Street; continue northeasterly along Kay Street to Richard Drive; continue northwesterly along Richard Drive to Range Lane; continue north and east along Range Lane to Jerome Lane; continue northeasterly along the Missouri Pacific Railroad back to point of beginning. (3) District 3. Beginning at the intersection of the northern city limits of the Mississippi River continue northeasterly and easterly along the city limits to the intersection of Illinois Route 3; continue southwesterly along Illinois Route 3 to Lee Street; continue easterly along Lee Street to White Street; continue northeasterly along White Street to Kinder Street; continue easterly along Kinder Street.066 miles; continue southwesterly to a point.053 miles southwest of intersection of Falling Springs Road and Upper Cahokia Road; continue southwesterly along Falling Springs Road to Illinois Route 157; continue northwesterly on Illinois Route 157 to Illinois Route 3; continue southwesterly on Illinois Route 3 to West 1st Street; continue west on West 1st Street to Elm Street; continue south on Elm Street to West 2nd Street; continue west on West 2nd Street to Plum Street; continue southwesterly on Plum Street to West 4th Street; continue easterly on West 4th Street to Main Street; continue southerly on Main Street to West 6th Street; continue easterly on West 6th Street to Water Street; continue southwesterly on Water Street to Ruby Street ; continue east on Ruby Street to Illinois Route 3; continue westerly on Illinois Route 3 to the city limits and continue along city limits back to point of beginning. (4) District 4. Beginning at the intersection of Illinois Route 3 and Illinois Route 157 continue southeasterly along Illinois Route 157 to the Missouri Pacific Railroad right-of-way; continue southwesterly along the Missouri Pacific Railroad right-of-way to the south city limits; continue west along the south city limits to Illinois Route 3; continue northerly along Illinois Route 3 to Ruby Street; continue westerly on Ruby Street to Water Street; continue northeasterly on Water Street to West 6th Street; continue west on West 6th Street to Main Street; continue northerly on Main Street to West 4th Street; continue west on West 4th Street to Plum Street; continue northerly along Plum Street to West 2nd Street; continue easterly along West 2nd Street to Elm Street; continue northerly along Elm Street to West 1st Street; continue easterly along West 1st Street to Illinois Route 3; continue along Illinois Route 3 back to point of beginning. (5) District 5. Beginning at the intersection of Illinois Route 157 and the Missouri Pacific Railroad right-of-way continue southeasterly along Illinois Route 157 to Range Lane; continue easterly along Range Lane to Richard Drive; continue southeasterly along Richard Drive to Kay Street; continue southwesterly along Kay Street to St. Stephen Drive; continue southeasterly along St. Stephen Drive to St. Kevin Drive; continue southwesterly along St. Kevin Drive to St. Raphael Drive; continue northwesterly along St. Raphael Drive to Kazilek Drive; continue southwesterly along Kazilek Drive to Morning Star Drive; continue southeasterly along Morning

9 Star Drive to Annunciation Drive; continue southwesterly along Annunciation Drive to Illinois Route 157; continue southeasterly along Illinois Route 157 to Interstate 255; continue southwesterly along Interstate 255 to south city limits; continue westerly along the south city limits to the Missouri Pacific Railroad right-of-way; continue northeasterly along the Missouri Pacific Railroad right-of-way back to point of beginning. (6) District 6. Beginning at the city limits at a point.058 miles from the north extension of Carol Street continue along the city limits to the south city limits; continue along the south city limits to the east side of Interstate 255; continue northeasterly along Interstate 255 to Camp Jackson Road/Illinois Route 157; continue northwesterly along Camp Jackson Road/Illinois Route 157 to the west side of Interstate 255; continue northerly and easterly along Interstate 255 to Jerome Lane; continue southeasterly on Jerome Lane to Mousette Lane; continue easterly along Mousette Lane.048 miles; continue northeasterly across Interstate 255 to the north city limits and along city limits to point of beginning. (Ord. 759, passed ; Am. Ord. 1028, passed ) APPENDIX: MAP OF DISTRICTS Click here to view map. (Ord. 759, passed ; Am. Ord. 1028, passed ) CHAPTER 31: VILLAGE OFFICERS AND EMPLOYEES Section General Provisions Chief of Police Mayor to appoint and supervise employees Appointment of part-time police officers Ethics; State Gift Ban Act Adoption of Act Ethics Officer Local Ethics Commission; complaints Future amendments Future declaration of unconstitutionality GENERAL PROVISIONS CHIEF OF POLICE. (A) The Chief of Police shall be appointed by the President with the advice and consent of the Board of Trustees. (B) The salary of the Chief of Police shall be fixed by the Board of Trustees. (Ord. 617, passed ) Cross-reference: Police collective bargaining agreements, T.S.O. Table IV, Ord MAYOR TO APPOINT AND SUPERVISE EMPLOYEES. (A) The Mayor shall appoint, by and with the advice and consent of the Village Board, all employees of the village, and the employees shall serve until terminated hereunder. Any vacancy occurring shall be filled in the same manner. (B) The Mayor shall appoint, by and with the advice and consent of the Village Board, all employees of the village whose appointment will not be otherwise provided for by law; and whenever a vacancy shall occur in any office which by law or ordinance the Mayor is empowered and required to fill, the Mayor shall communicate to the Board the name of the

10 employee, and pending the concurrence of the Board in such an appointment, the Mayor may designate some suitable person to discharge the functions of the employee. (C) The Mayor shall supervise the conduct of all employees of the village and see that they faithfully and efficiently discharge their duties. The Mayor shall remove any employee on any charge whenever the Mayor shall be of the opinion that the interests of the village demand such removal, by and with the advice and consent of the Village Board. (Ord. 8, passed ) APPOINTMENT OF PART-TIME POLICE OFFICERS. (A) Appointment. The President, with the approval of the Board of Trustees, may appoint any reputable person as a part-time police officer to serve for such term and on such conditions as may be designated by the terms of such appointment. Appointments may be revoked at any time by the President or the Chief of Police. (B) Hiring standards. (1) All part-time police officers appointed by this section shall be qualified to enter and successfully complete any training mandated by the Illinois Law Enforcement Training Board. (2) The aforesaid hiring standard, as applicable to part-time police officers employed by the village, shall be submitted to the Illinois Law Enforcement Training Standards Board, as required by statute. (Ord. 1045, passed ) ETHICS; STATE GIFT BAN ACT ADOPTION OF ACT. (A) The State Gift Ban Act, ILCS Ch. 5, Act 425, is hereby adopted as required by ILCS Ch. 5, Act 425, 83. (B) The solicitation or the acceptance of gifts prohibited to be solicited or accepted under the Act is prohibited by any elected or appointed official or any employee of the village. (Ord. 963, passed ) Editor's note: ILCS Ch. 5, Act 425 was repealed by P.A For more current provisions regarding the village ethics policy, see Ch. 36, Ethics Ordinance ETHICS OFFICER. The President of the Board of Trustees is authorized to appoint an Ethics Officer of the village. The Ethics Officer's duties shall be as provided in ILCS Ch. 5, Act 425, 35. (Ord. 963, passed ) LOCAL ETHICS COMMISSION; COMPLAINTS. (A) To the extent authorized by law and to the extent required by the Act, the Board of Trustees shall serve as the Local Ethics Commission of the village. (B) The Local Ethics Commission shall have the power and duties set forth in ILCS Ch. 5, Act 425, 55. (C) To the extent that any of its provisions may be applicable, ILCS Ch. 5, Act 425, 45 shall be applicable to the Local Ethics Commission. (D) The complaint procedure and the enforcement and penalty provisions of the ILCS Ch. 5, Act 425 and this subchapter shall be as are provided in ILCS Ch. 5, Act 425, 60, 65, and 70. (Ord. 963, passed ) FUTURE AMENDMENTS. Any amendment to the State Gift Ban Act (ILCS Ch. 5, Act 425, 1 et seq.) that becomes effective after the passage of this subchapter shall be incorporated into this subchapter by

11 reference and shall be applicable to the solicitation and acceptance of gifts. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this subchapter by reference without formal action by the corporate authorities of the village. (Ord. 963, passed ) FUTURE DECLARATION OF UNCONSTITUTIONALITY. (A) If the Illinois Supreme Court declares the State Gift Ban Act (ILCS Ch. 5, Act 425, 1 et seq.) unconstitutional in its entirety, then this subchapter shall be repealed as of the date that the Supreme Court's decision becomes final and not subject to any further appeals or rehearings. The subchapter shall be deemed repealed without further action by the corporate authorities of the village if the Act is found unconstitutional by the Illinois Supreme Court. (B) If the Illinois Supreme Court declares part of the State Gift Ban Act (ILCS Ch. 5, Act 425, 1 et seq.) unconstitutional but upholds the constitutionality of the remainder of the Act or does not address the remainder of the Act, then the remainder of the Act as adopted by this subchapter shall remain in full force and effect; however, that part of this subchapter relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the village. (Ord. 963, passed ) CHAPTER 32: FINANCE AND TAXATION Section General Provisions Appropriation ordinance system Tax Increment Review Commission Specific Taxes Municipal Retailer's Occupation Tax and Municipal Service Occupation Tax Hotel and Motel Tax Automobile Renting Use Tax Automobile Renting Occupation Tax Municipal Use Tax Simplified Municipal Telecommunications Tax Sale of Food and Beverages Tax Property Tax Abatement Authority Application of tax abatement Guidelines Limitations Conditions Eligibility; criteria Priority Annual report Local Government Taxpayers' Bill of Rights Scope Definitions Notice Late payment Payment

12 32.55 Credits and refunds Audit procedure Appeal Hearing Interest and penalties Abatement Installment contracts Statute of limitations Voluntary disclosure Publication of tax ordinances Liens Application Penalty GENERAL PROVISIONS APPROPRIATION ORDINANCE SYSTEM. (A) The Finance Director and Budget Director previously appointed and given the powers and duties enumerated in ILCS Ch. 65, Act 5, and , are hereby given the power to file and follow the appropriation ordinance system. (B) Except as set forth in division (A) of this section, the provisions of ILCS Ch. 65, Act 5, through are hereby abandoned. (C) The fiscal year of the village shall remain as set forth in the appropriate ordinances and the appropriation ordinance shall be filed within the first quarter of the fiscal year. (D) The annual appropriation ordinance shall comply with the terms of ILCS Ch. 65, Act 5, (Ord. 901, passed ) TAX INCREMENT REVIEW COMMISSION. (A) There is created a Tax Increment Review Commission for the village, consisting of 12 persons to be appointed by the President of the village with the consent of the majority of the Board of Trustees to serve terms for three years on the Commission. (B) The Commission, subject to the approval of the corporate authorities, is hereby empowered to exercise the powers enumerated in ILCS Ch. 65, Act 5, (C) The Commission shall also have the power to hold public hearings required by the statute, make recommendations to the corporate authorities concerning adoption of redevelopment plans, redevelopment projects, and designation of redevelopment project areas. (Ord. 733, passed ) SPECIFIC TAXES MUNICIPAL RETAILER S OCCUPATION TAX AND MUNICIPAL SERVICE OCCUPATION TAX. (A) Municipal Retailer s Occupation Tax. (1) A tax is hereby imposed upon all persons engaged in the business of selling tangible personal property other than an item of tangible personal property titled or registered with an agency of this state's government, at retail in this municipality, at the rate of 0.75% of the gross receipts from sales made in the course of such business while this section is in effect. (2) The tax imposed by this section shall not be applicable to or imposed upon sales of the following items:

13 (a) Food for human consumption which is to be consumed off the premises where it is sold, except that alcoholic beverages, soft drinks, and food which has been prepared for immediate consumption shall be subject to the tax imposed hereunder; and (b) Prescription and non-prescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. (3) Nothing in this section shall be construed to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by the State of Illinois or any political subdivision. (4) Pursuant to the Home Rule Municipal Retailer s Occupation Tax, the tax imposed by division (A) of this section and all civil penalties that may be accessed as an incident thereof, shall be collected and enforced by the Department of Revenue of the State of Illinois. The village hereby delegates to the Illinois Department of Revenue, its directors, officers, agents, and employees, full power and authority to collect all sums due to the village on its behalf to administer and enforce all provisions of this section without further authorization of the village its officers, agents, or employees. (B) Municipal Service Occupation Tax. (1) A tax is hereby imposed upon all persons engaged in this municipality in the business of making sales of service at the rate of 0.75% of the selling price of all tangible personal property transferred by such servicemen as an incident to a sale of service. (2) The tax by this section shall not be applicable to or imposed upon the sales of the following items: (a) Food for human consumption which is to be consumed off the premises where it is sold, except that alcoholic beverages, soft drinks, and food which has been prepared for immediate consumption shall be subject to the tax imposed hereunder; and (b) Prescription and non-prescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. (3) Nothing in this section shall be construed to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by the State of Illinois or any political subdivision. (C) Consent and authority. Pursuant to the Home Rule Municipal Service Occupation Tax, the tax imposed this section of this chapter and all civil penalties that may be assessed as an incident thereof, shall be collected and enforced by the Department of Revenue of the State of Illinois. The village hereby delegates to the Illinois Department of Revenue, its directors, officers, agents, and employees, full power and authority to collect all sums due to the village on its behalf, to administer and enforce all provisions of this section without further authorization of the village, its officers, agents, or employees. (D) State law provisions. The imposition of these Home Rule Taxes are in accordance with the provisions of ILCS Ch. 65, Act 5, and respectively. (Ord. 928, passed ; Am. Ord. 1057, passed ) HOTEL AND MOTEL TAX. (A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) HOTEL ROOM or MOTEL ROOM. A room within a structure offered to the public for rental on a daily basis and containing facilities for sleeping. One room offered for rental with or without an adjoining bath shall be considered as a single hotel or motel room. The number of

14 hotel or motel rooms within a suite shall be computed on the basis of those rooms utilized for the purpose of sleeping. (2) OWNER. Any person having an ownership interest in or conducting the operation of a hotel or motel room or receiving the consideration for the rental of such hotel or motel room. (3) PERSON. Any natural person, trustee, court appointed representative, syndicate, association, partnership, firm, club, company, corporation, business trust, institution, agency, government corporation, municipal corporation, district or other political subdivision, contractor, supplier, vendor, vendee, operator, user or owner, or any officers, agents, employees or other representative, acting either for himself or for any other person in any capacity, or any other entity recognized by law as the subject of rights and duties. The masculine, feminine, singular, or plural included in any circumstances. (B) Tax imposed. (1) Beginning on July 1, 19, there is hereby levied and imposed a tax of 5% of the rent charged for the privilege and use of renting a hotel or motel room within the village for each 24- hour period or any portion thereof for which a daily room charge is made; provided, however, that the tax shall not be levied and imposed upon any person who works and lives in the same hotel or motel and received living accommodations as compensation for work performed. (2) The ultimate incidence of and liability for payment of the tax is to be borne by the person who seeks the privilege of occupying the hotel or motel room, the person hereinafter referred to as renter. (3) The tax herein levied shall be paid in addition to any and all other taxes and charges. It shall be the duty of the owner of every hotel or motel to secure the tax from the renter of the motel or hotel room and to pay over to the Village Treasurer or any authorized representative of the village the tax under procedures prescribed by the village, or as otherwise provided in this section. (4) Every person required to collect the tax levied by this section shall secure the tax from the renter at the time he collects the rental payment for the hotel or motel room. Upon the invoice receipt or other statement or memorandum of the rent given to the renter at the time of payment the amount due under the tax provided in this section shall be stated separately. (C) Books and records. The Finance Director, or authorized representative, may enter the premises of any hotel or motel for inspection and examination of records in order to effectuate the proper administration of this section and to assure the enforcement of the collection of tax imposed. It shall be unlawful for any person to prevent, hinder, or represent in the discharge of their duties in the performance of this section. It shall be the duty of every owner to keep accurate and complete books and records to which the Finance Director, or authorized representative, shall at all times have full access, which records shall include a daily sheet showing the following: (1) The number of hotel or motel rooms rented during the 24-hour period, including multiple rentals of the same hotel or motel room where such shall occur; and (2) The actual hotel or motel tax receipts collected for the date in question. (D) Transmittal of tax revenue. (1) Commencing on July 1, 19, the owner or owners of each hotel or motel within the village shall file tax returns showing tax receipts received with respect to each hotel and motel room during the previous month. The return shall be due on or before the last day of each succeeding calendar month and the return is to be filed; that is, return for December tax receipts due on or before the last day of January.

15 (2) Commencing on July 1, 19, the tax return and payment for such period shall be due on or before July 31, 19. Thereafter, reporting periods and taxes shall be paid in accordance with the provisions of this section. At the time of filing the tax returns, the owner shall pay to the Village Treasurer all taxes due for the period to which the tax return applies. (3) If for any reason any tax is not paid when due, a penalty at the rate of 1.5% per 30-day period, or portion thereof, from the date of delinquency shall be added and collected. (E) Collection. Whenever any person shall fail to pay any tax as herein provided, the Corporation Counsel shall, upon the request of the Village Treasurer bring or cause to be brought an action to enforce the payment of the tax on behalf of the village in any court of competent jurisdiction. (F) Proceeds of tax and fines. All proceeds resulting from the imposition of the tax under this section, including penalties, shall be paid into the general corporation fund of the village. (G) Suspension of licenses. If the Mayor, after a hearing held by or for him, shall find that any person has willfully avoided payment of the tax imposed by this section, he may suspend or revoke all village licenses held by the tax-evader. The owner, manager, or operator of the hotel or motel shall have an opportunity to be heard at the hearing to be held not less than five days after notice of the time and place of the hearing to be held, addressed to him at his last known place of business. (Ord. 941, passed 6-16-) Penalty, see AUTOMOBILE RENTING USE TAX. (A) A tax is hereby imposed upon the privilege of using in this village a passenger car (holding ten passengers or less) which is rented from a renter outside the State of Illinois for a period of less than one year and which is titled or registered with an agency of this state's government in this village at the rate of 1% of the rental price of such automobile while this section is in effect, in accordance with the provisions of ILCS Ch. 65, Act 5, (B) Every person engaged in such business in the village shall file all reports as required by ILCS Ch. 35, Act 120, 3 to the state Department of Revenue. (C) The tax provided for in this section shall be collected from the persons whose Illinois address for titling or registration purposes is given in this village. (D) At the time the report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed on account of the renting of automobiles during the preceding month. (Ord. 602, passed ) AUTOMOBILE RENTING OCCUPATION TAX. (A) A tax is hereby imposed upon all persons engaged in the business of renting a passenger car (holding ten passengers or less) to someone else for a period of one year or less in this village at the rate of 1% of the gross receipts from sales made in the course of such business while this section is in effect, in accordance with the provisions of ILCS Ch. 65, Act 5, (B) Every person engaged in such business in the village shall file all reports as required by ILCS Ch. 35, Act 120, 3 to the state Department of Revenue. (C) At the time the report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed on account of the renting of a passenger car during the preceding month. (Ord. 603, passed ) MUNICIPAL USE TAX.

16 (A) A tax is hereby imposed in accordance with the provisions of ILCS Ch. 65, Act 5, upon the privilege of using in the municipality any item of tangible personal property which is purchased outside Illinois at retail from a retailer, and which is titled or registered with an agency of Illinois government. The tax shall be at a rate of 1% of the selling price of such tangible property with selling price to have the meaning as defined in the Use Tax Act, approved July 14, (B) The tax shall be collected by the Illinois Department of Revenue for all municipalities imposing the tax and shall be paid before the title or certificate of registration for the personal property is issued. (C) Exclusion a-1 contained in section 2 of the Retailers Occupation Tax Act approved June 28, 1933, as amended, shall not apply to persons engaged in the business of selling tangible personal property at retail with the village. (D) The farm machinery and equipment exclusion contained in the Service Occupation Tax Act, ILCS Ch. 35, Act 115, 3-5(7) shall not apply to all persons engaged in the business of making sale of service within the village. (E) The farm machinery and equipment exclusion contained in the Use Tax Act, ILCS Ch. 35, Act 105, 3-5(11) shall not apply to the privilege of using in such municipality any item of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered with an agency of this state s government. (Ord. 524, passed ; Am. Ord. 577, passed ) SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX. (A) A Simplified Municipal Telecommunications Tax is hereby imposed upon the act or privilege of originating in the municipality or receiving in the municipality intrastate or interstate telecommunications by a person under the provision of the Simplified Municipal Telecommunications Act, P.A , at a rate of 6% of the gross charges for such telecommunications purchased at retail from a retailer. (B) The tax hereby imposed shall be collected and enforced by the Department of Revenue of the State of Illinois. The Illinois Department of Revenue shall have full power to administer and enforce the provisions of this section. (C) This section shall be in full force and effect from and after its passage and approval and publication in pamphlet form as required by law, provided, however, that division (A) of this section shall take effect for all gross charges billed by telecommunications retailers on or after the first day of January of The Municipal Clerk is hereby directed to file a certified copy of the ordinance with the Illinois Department of Revenue prior to September 30th of (Ord. 1025, passed ) SALE OF FOOD AND BEVERAGES TAX. (A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BUSINESS. Any commercial establishment. FARM PRODUCE STAND. Temporary and sometimes semi-permanent stand utilized by farmers and other produce growers to sell primarily their own products in season; FOOD AND BEVERAGES PREPARED FOR IMMEDIATE CONSUMPTION. Any food and/or beverages capable of consumption without further preparation. Consumption on the

17 premises is not required. Items that require only the removal of wrappers or packaging before consumption are included, specifically including, but not limited to, prepared salads, sandwiches, deli trays or deli foods ready to eat, hor d'oeuvres, and other related similarly packaged items. Items that have any form of cooling, heating, cleaning, cutting, trimming, mixing or the like, applied on the premises, are considered prepared for immediate consumption except items sold at: (a) Places of business where the percentage of food and beverages prepared for immediate is less that 10% of the total sales of the business on an annual basis and total sales of food and beverages are less than $5,000 per year. (b) Places of business that are commonly referred to as "farm produce stands." PERSON. Any individual, firm, unincorporated association, partnership, joint venture, limited partnership, corporation, representative, or other entity. (B) Tax. A tax is hereby imposed upon all retail sales of food and beverages that have been prepared for immediate consumption within the village at the rate of 2% of the selling price of such food and/or beverages for the first year after which the tax will be reduced to 1%. This tax is imposed in addition to any other tax imposed by the village or any other governmental entity with respect to such food and beverages. The purchasers of such food and beverages shall be liable for the payment of the tax imposed, but the person engaged in the business of selling such food and beverages at retail assumes the responsibility of collecting and paying said tax to the village in the following manner. Every person engaged in the retail business of selling food and beverages for immediate consumption within the village shall file with the Village Finance Officer, on or before the last day of each month, following the period to which they apply, a report in the form required by the Village Finance Officer, and the report shall be accompanied by a check or other form of payment in the amount of the tax due and payable upon such taxable sales made during the preceding month. (C) Sales tax returns to Illinois. Every report filed under the preceding section shall be accompanied by a photocopy or other copy of the sales tax return filed by the person engaged in the business of selling such food and beverages at retail with the Illinois Department of Revenue pursuant to Section 442 of the Chapter 120 of the Illinois Revised Statutes, as amended, (commonly known as the sales tax return) showing the total retail sales made by such person for the preceding calendar month. (D) Books and records. Every person engaged in the business of selling food and beverages prepared for immediate consumption at retail shall keep complete and accurate books and records of all such retail sales according to standards adopted by the Illinois Department of Revenue for retail sales generally. The Village Finance Officer or authorized representative may enter the premises of every such person at reasonable times and upon reasonable advance notice to inspect the books and records of such person in order to effectuate the proper administration of the tax imposed by this section, and to insure compliance with this section. It shall be unlawful and a violation of this section for any person to hinder, interfere with or prevent the Village Finance Officer or authorized representative from performing his or her duties hereunder.

18 (E) Additional remedies for collection. In addition to the penalties imposed for late filing, late payment and violation of this section, the village may elect to file civil proceedings for collection of the tax, plus penalties which in the event of such civil proceedings shall include the village's reasonable counsel fees, or the village may elect to file a lien upon the real estate upon which the violator's business is conducted and may foreclose such lien pursuant to the applicable statute. The village may pursue any and all of such remedies contemporaneously or concurrently. (Ord. 1050, passed ; Am. Ord. 1058, passed ) Penalty, see PROPERTY TAX ABATEMENT AUTHORITY. When the village establishes an enterprise zone pursuant to authority granted by the Illinois Enterprise Zone Act, as amended, being ILCS Ch. 20, Act 655, 1 et seq. the provisions of this subchapter for property tax abatement within the enterprise zone shall apply. (Ord. 729, passed ) APPLICATION OF TAX ABATEMENT. (A) The village authorizes and directs the County Clerk to abate ad valorem taxes imposed upon real property, located within the enterprise zone area of the village upon which new improvements have been constructed or upon which existing improvements have been renovated or rehabilitated, subject to the following conditions: (1) Any abatement of taxes on any parcel shall not exceed the amount attributable to the construction of the improvements and the renovation or rehabilitation of existing improvements on such parcel; (2) The abatement shall be allowed only for commercial and industrial property located within the zone area; (3) The abatement shall be at the rate of 100% of the value of the improvements, for the assessment year in which the improvements are made, and the four-year assessment period immediately following the year in which the improvements are made; and (4) The abatement shall continue and be in full force as set forth in this subchapter for any improvements which are completed within the term of the enterprise zone established by the village. (B) In addition to the foregoing, the village, by and through a majority vote of its Board of Trustees, may, after the determination of the assessed values of its property, order the County Clerk to abate any portion of the taxes on the property of any commercial or industrial firm locating within the taxing district during the immediately preceding calendar year from another state, territory, or country, or having been newly created within this state during the immediately preceding calendar year, or for an expanded previously existing facility. Such abatement shall not exceed a period of ten years and the total aggregate amount of abated taxes for all taxing districts combined shall not exceed $1,000,000; all as authorized by ILCS Ch. 35, Act 200, and (Ord. 729, passed ) GUIDELINES. (A) The Board of Trustees in passing upon the application for tax abatement shall give due consideration of the following guidelines. The length of abatement shall range from no abatement to a maximum of five years, considered on a firm-to-firm basis and considering each application separately using the following criteria as parameters:

19 (1) New industrial and commercial firms locating, resulting in an increase in the assessed valuation and an increase in work force; maximum of five years abatement, minimum of three years abatement; (2) Existing industrial and commercial firms expanding, resulting in an increase in the assessed valuation and an increase in the work force; maximum of five years abatement, minimum of three years abatement; (3) Existing industrial and commercial firms expanding, resulting in an increase in the assessed valuation, but no increase in the work force but retaining existing employees; maximum of three years abatement, minimum of two years abatement; and (4) Existing industrial and commercial firms expanding and resulting in an increase in the assessed valuation and a reduction of the work force; maximum of two years abatement; minimum of no abatement. (B) The tax abatements may be negotiated and passed upon by the majority of the Board of Trustees, including the beginning of the abatement after the project's construction has been completed. (C) Recommended guidelines for consideration of requests for property tax abatement: (1) Abatements will apply to the increase in assessments only; (2) Abatements will apply to those business firms meeting the eligibility criteria; (3) The length of abatements will range from five years to no abatement, with the appropriate village committee to review and recommend the exact length using the previously identified criteria; (4) The amount of abatement will range from 100% to 0% with the committee to review and recommend the percentage amount using the previously identified criteria; (5) Any area within the village will be considered an eligible area; (6) The total amount of all abatements shall not exceed 15% of the village s taxable business property value in any one year; (7) The request made to the Cahokia Village Board for property tax abatements will be considered on a priority of a first-come basis with the exception previously stated; (8) All requests to the Village Board for property tax abatement should be made in writing and include the following information: (a) Name of firm; (b) Location of firm; (c) Phone number; (d) Name and title of person requesting abatement; (e) Brief explanation of firm's operations where abatement is being requested; (f) Current employees at this location; (g) If firm is requesting maximum abatement allowable by the village, a brief narrative on its willingness to sign a first source agreement with St. Clair County's JTPA Division; (h) Two-digit SIC Code number, except general warehousing operations; then four-digit SIC Code number; (i) Copy of firm s annual report, where the firm does have an annual report, unless waived by state or federal law. Where subsidiary, annual report of parent corporation; (j) If a corporation, the corporation registration number. If other than a corporation, photocopy of registration certificate received from the St. Clair County Clerk; (k) The total number of full-time and part-time employees hired, added, or retained as a result of the location/expansion including their combined estimated annual payroll;

20 (1) Total cost of the expansion/location; (m) Market area for products manufactured; (n) Estimated amount of abatement being requested annually; (o) Length of abatement being requested; (p) Projected impact on village businesses producing a similar or same product or service; and (q) Additional information as may be requested by the Village Board, and/or review committee; and (9) The Board of Trustees shall appoint a Review Committee, who shall within 30 days after it receives an application hereinabove referred to shall review the application and make a formal written recommendation to the Board of Trustees for the Board to act upon at its next regular meeting or as soon thereafter as practicable. (Ord. 729, passed ) LIMITATIONS. (A) As established by law, the total aggregate abatement granted to any one industrial or commercial firm cannot exceed $1,000,000 over a ten-year period. Additionally, it shall be considered in passing upon an application for abatement that the village pro-rate the amount of abatement in the following manner: (1) New industrial and commercial firms locating, resulting in an increase in the assessed valuation and an increase in the work force; maximum of 100% abatement on the increase in assessed valuation, minimum of 50% abatement on the increase in assessed valuation; (2) Existing industrial or commercial firms expanding, resulting in an increase in the assessed valuation and an increase in the work force; maximum of 100% abatement on the increase in assessed value, minimum of 50% abatement on the increase of assessed value; (3) Existing industrial or commercial firms expanding, resulting in an increase in the assessed valuation, no increase in the work force but retaining existing employees; maximum of 75% abatement on the increase in assessed, minimum of 25% abatement on the increase in the assessed valuation; and (4) Existing industrial or commercial firms expanding, resulting in an increase in assessed value but a reduction in the work force; maximum of 50% abatement on the increase in assessed value, minimum of 0% abatement. (B) The actual percentage of abatement granted shall be considered on an applicant-byapplicant basis with the number of employees affected being the major determinant. (Ord. 729, passed ) CONDITIONS. As a condition for granting a tax abatement, the industrial or commercial firm that receives the maximum amount allowable by the village must sign a first-source agreement (FSA) with the JTPA Division of the St. Clair County Intergovernmental Grants Department. According to the FSA, the industrial or commercial firm will allow the JTPA Division to provide or refer a pool of properly qualified candidates for the new job classification according to the DOT Codes which would principally be non-management positions. The industrial or commercial firm may screen and test the applicants, but shall be under no obligation to hire any of the applicants that have been referred. There shall be three methods of job referrals from which the firm may choose: (A) Direct referral;

21 (B) Customized and classroom training; or (C) On-the-Job Training (OJT) which the JTPA Division may pay up to 50% for up to six months of payroll during training period according to DOT Code. (Ord. 729, passed ) ELIGIBILITY; CRITERIA. (A) Eligible applicants. The village property tax abatements will be considered on the increase in assessed valuation for the following: (1) Any industrial or commercial firm locating within the taxing district which during the immediately preceding calendar year from another state, territory, or country, or having been newly created within this state during the immediately preceding calendar year, or for an expanded previously existing facility; (2) Any eligible industrial or commercial firm newly created within the State of Illinois and locating in the village; or (3) Existing village industrial or commercial businesses that expand within the village. (B) Eligible areas. Any area within the village will be considered as an eligible area. (C) Eligibility criteria. Any industrial or commercial firm wishing to locate or expand in the corporate limits of the village provided: (1) The village comprehensive plan does not forbid such an activity or land use in the village; (2) The village zoning ordinance does not forbid such activity or land use in the village; (3) The village subdivision regulations do not forbid such an activity or land use in the village; (4) The village ordinances do not forbid such an activity or land use in the village; and (5) Employment must equal ten full-time employees. In the case of an existing businesses the expansion must add ten new full-time employees, or their equivalent. These eligibility criteria may be amended as deemed appropriate by the Village Board. (Ord. 729, passed ) PRIORITY. Applications will be administrated on a first-come first-served basis with the exception that priorities will be given to any business or type of business identified in any: (A) Target Industry Study; (B) Marketing Study; (C) Marketing Strategy; or (D) Development Strategy; completed for the village to promote and guide its development. (Ord. 729, passed ) ANNUAL REPORT. Each year of the tax abatement program the business benefitting must submit to the Review Board their employment profile (name, address, phone number, Social Security number and a number of hours worked) for each employee, for the purpose of an audit. A report shall be due within 30 days after January 1 of each year. The report shall be filed with the Board of Trustees. Failure to file such a report shall result in a loss of the remaining tax abatement program years. (Ord. 729, passed ) LOCAL GOVERNMENT TAXPAYERS' BILL OF RIGHTS SCOPE.

22 The provisions of this subchapter shall apply to the village's procedures in connection with all of its locally imposed and administered taxes. (Ord. 993, passed ) DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACT. The "Local Government Taxpayers' Bill of Rights Act." CORPORATE AUTHORITIES. The village's President and Board of Trustees. LOCAL TAX ADMINISTRATOR. The village's Finance Director is charged with the administration and collection of the locally imposed and administered taxes. This includes staff, employees or agents to the extent they are authorized to act in the local tax administrator's stead. The local tax administrator shall have the authority to implement the terms of this subchapter to give it full effect. The local tax administrator's exercise of such authority shall not be inconsistent with this subchapter and the act. LOCALLY IMPOSED AND ADMINISTERED TAX or TAX. Each tax imposed by the village that is collected or administered by the village, not by an agency or department of the state. It does not include any taxes imposed upon real property under the Property Tax Code. Nor does it include fees collected by the village other than infrastructure maintenance fees. NOTICE. Each audit notice, collection notice or other similar notice or communication in connection with each of the village's locally imposed and administered taxes. TAX ORDINANCE. An ordinance the villages adopts to provide for any locally imposed and administered tax. TAXPAYER. Any person required to pay any locally imposed and administered tax. This generally includes: the person upon whom the legal incidence of such tax is placed, and with respect to consumer taxes, the business or entity required to collect and pay the locally imposed and administered tax to the village. VILLAGE. The Village of Cahokia, Illinois. (Ord. 993, passed ) NOTICE. (A) Unless otherwise provided, whenever notice is required, it is to be in writing and mailed not less than seven calendar days prior to the day fixed for any applicable hearing, audit or other scheduled act of the local tax administrator. (B) The notice shall be sent by the local tax administrator as follows: (1) First class, express or overnight mail addressed to the last known address of the persons concerned, or (2) Personal service or delivery. (Ord. 993, passed ) LATE PAYMENT. Any notice, payment, remittance or other filing required to be made to the village pursuant to any tax ordinance shall be considered late unless it is: (A) Physically received by the village on or before the due date, or (B) Received in an envelope or other container displaying a valid, readable U.S. postmark dated on or before the due date, properly addressed to the village, with adequate prepaid postage. (Ord. 993, passed ) PAYMENT. Any payment or remittance received for a tax period shall be applied in the following order:

23 (A) First, to the tax due for the applicable period; (B) Second, to the interest due for the applicable period; and (C) Third, to the penalty for the applicable period. (Ord. 993, passed ) CREDITS AND REFUNDS. (A) (1) The village shall not refund or credit any taxes voluntarily paid without written protest at the time of payment in the event that a locally imposed and administered tax is declared invalidly enacted or unconstitutional by a court of competent jurisdiction. (2) However, a taxpayer shall not be deemed to have paid the tax voluntarily, if the taxpayer lacked knowledge of the facts upon which to protest the taxes at the time of payment, or if the taxpayer paid the taxes under duress. (B) The statute of limitations on a claim for credit or refund shall be four or less years after the end of the calendar year in which payment in error was made. The village shall not grant a credit or refund of locally imposed and administered taxes, interest, or penalties to a person who has not paid the amounts directly to the village. (C) The procedure for claiming a credit or refund of locally imposed and administered taxes, interest or penalties paid in error shall be as follows: (1) The taxpayer shall submit a claim for credit or refund, in writing, to the local tax administrator. The claim should include a statement specifying: (a) The name of the locally imposed and administered tax subject to the claim; (b) The tax period for the locally imposed and administered tax subject to the claim; (c) The date of the tax payment subject to the claim, and the canceled check or receipt for the payment; (d) The taxpayer's recalculation in connection with the claim, accompanied by an amended or revised tax return; and (e) A request for either a refund or a credit in connection with the claim to be applied to the amount of tax, interest and penalties overpaid, and, as applicable, related interest on the amount overpaid; provided, however, that there shall be no refund and only a credit given in the event the taxpayer owes any monies to the village. (2) Within ten days of the receipt of any claim for a refund or credit, the local tax administrator shall either: (a) Grant the claim; or (b) Deny the claim (3) In the event the local tax administrator grants, in whole or in part, a claim for refund or credit, the amount of refund or credit shall bear interest at the rate of 7% per annum, based on a year of 365 days and the number of days elapsed, from the date of the overpayment to the date a refund check or grant of credit is mailed. (Ord. 993, passed ) AUDIT PROCEDURE. (A) Any request for a proposed audit pursuant to any locally administered tax shall comply with the notice requirements of Each notice of audit shall contain the following information: (1) The tax; (2) The time period of the audit; and (3) A brief description of the books and records to be made available for the auditor.

24 (B) Any audit shall be conducted during normal business hours. If the date and time selected by the local tax administered is not agreeable to the taxpayer, another date and time may be requested by the taxpayer within 30 days after the originally designated audit and during normal business hours. (C) The taxpayer may request an extension of time to have an audit conducted. (1) The audit shall be conducted not less than 7 days nor more than 30 days from the date the notice is given, unless the taxpayer and the local tax administrator agreed to some other convenient time. (2) In the event taxpayer in unable to comply with the audit on the date in question, the taxpayer, within 30 days, may request another date that is convenient to the taxpayer and the local tax administrator, who must approve it in writing. (D) Every taxpayer shall keep accurate books and records of business or activities, including original source documents and books of entry denoting the transactions that had given rise or may have given rise to any tax liability, exemption or deduction. All books shall be kept in the English language, and shall be subject to and available for inspection by the village. (E) (1) It is the duty and responsibility of every taxpayer to make available its books and records for inspection by the village. (2) If the taxpayer (or tax collector) fails to provide the documents necessary for audit within the time provided, the local tax administrator may issue a tax determination and assessment based on the tax administrator's best estimate of the taxpayer's tax liability. (F) If an audit determines there has been an overpayment of a locally imposed and administered tax, the village shall give the taxpayer written notice of the amount of overpayment within thirty 30 days of its determination. (G) In the event a tax payment was submitted to the incorrect local government entity, the local tax administrator shall notify the local governmental entity imposing such tax. (Ord. 993, passed ) APPEAL. (A) Upon the issuance of a protestable notice of tax due, a bill, a claim denial, or a notice of claim reduction regarding any tax, the local tax administrator shall send written notice to a taxpayer. The notice shall include the following information: (1) The reason for the assessment; (2) The amount of the tax liability proposed; (3) The procedure for appealing the assessment; and (4) The village's obligations during the audit, appeal, refund and collection process. (B) (1) A taxpayer who receives written notice from the local tax administrator of a determination of tax due or assessment may file a written protest and petition for hearing. (2) Such protest and petition must be filed with the local tax administrator within 45 days of the receipt of the written notice of the tax determination and assessment. (C) (1) If a timely written notice and petition for hearing is filed, the local tax administrator shall fix the time and place for hearing, and shall give written notice to the taxpayer. (2) The hearing shall be scheduled for a date within 14 days of the receipt of the written protest and petition for hearing, unless the taxpayer requests a later date convenient to all parties. (D) If a written protest and petition for hearing is not filed within the 45-day period, the tax determination, audit or assessment shall become a final bill due and owing without further notice.

25 (E) (1) Upon the taxpayer's showing of reasonable cause and full payment of the contested tax liability along with interest accrued as of the due date of the tax, the local tax administrator may reopen or extend the time for filing a written protest and petition for hearing. (2) In no event shall the time for filing a written protest and petition for hearing be reopened or extended for more than 90 days after the expiration of the 45-day period. (Ord. 993, passed ) HEARING. (A) Whenever a taxpayer or tax collector has filed a timely written protest and petition for hearing under 32.57, the local tax administrator shall conduct a hearing regarding any appeal. (B) No continuances shall be a granted except in cases where a continuance is absolutely necessary to protect the taxpayer's rights. (1) Lack of preparation shall not be grounds for a continuance. (2) Any continuance granted shall not exceed 14 days. (C) At the hearing the local tax administrator shall preside, hearing testimony and accepting any evidence relevant to the tax determination, audit or assessment. The strict rules of evidence applicable to judicial proceedings shall not apply. (D) At the conclusion of the hearing, the local tax administrator shall make a written determination on the basis of the evidence presented at the hearing. The taxpayer or tax collector shall be provided with a copy of the written decision. (Ord. 993, passed ) INTEREST AND PENALTIES. (A) Timely payment required. In the event a determination has been made that a tax is due and owing, through audit, assessment or other bill sent, the tax must be paid within the time frame otherwise indicated. (B) Interest. The village hereby provides for the amount of interest to be assessed on a late payment, underpayment, or nonpayment of the tax, to be 7% per annum, based on a year of 365 days and the number of days elapsed. (C) Late filing and payment penalties. (1) If a tax return is not filed within the time and manner provided by the controlling tax ordinance, the following penalties shall be imposed: (a) A late filing penalty not to exceed 5% of the amount of tax required to be shown as due on a return; and (b) A late payment penalty not to exceed 5% of the amount of tax. (2) If no return is filed within the time or manner provided by the controlling tax ordinance and prior to the village issuing a notice of tax delinquency or notice of tax liability, then a failure to file penalty shall be assessed at a rate not to exceed 25% of the total tax due for the applicable reporting period for which the return was required to be filed. (3) A late filing or payment penalty shall not apply if a failure to file penalty is imposed by the controlling ordinance. (Ord. 993, passed ) ABATEMENT. If he or she determines reasonable cause exists for delay or failure to file, the local tax administrator shall have the authority to waive or abate any late filing penalty, late payment penalty or failure to file penalty. (Ord. 993, passed ) INSTALLMENT CONTRACTS.

26 (A) The village may enter into an installment contract with the taxpayer for the payment of taxes under the controlling tax ordinance. (B) The local tax administrator may not cancel any installment contract so entered, unless the taxpayer fails to pay any amount due and owing. (C) Upon written notice by the local tax administrator that the payment is 30 days delinquent, the taxpayer shall have 14 working days to cure any delinquency. (D) If the taxpayer fails to cure the delinquency within the 14-day period or fails to demonstrate good faith in restructuring the installment contract with the local administrator, the installment contract shall be canceled without further notice to the taxpayer. (Ord. 993, passed ) STATUTE OF LIMITATIONS. (A) The village, through the local tax administrator, shall review all tax returns in a prompt and timely manner and inform taxpayers of any amounts due and owing. (B) After receiving notice of the reviewed tax returns, the taxpayer shall have 45 days to make any request for refund or to provide any tax still due and owing. (C) No determination of tax due and owing may be issued more than four years after the end of the calendar year for which the return for the applicable period was filed, or for the calendar year in which the return for the applicable period was due, whichever occurs later. (D) If any tax return is not filed, or if during any four-year period for which a notice of tax determination or assessment may be issued by the village the tax paid was less that 75% of the tax due, the statute of limitations shall be six years after the end of the calendar year in which return for the applicable period was due, or the end of the calendar year in which the return for the applicable period was filed. (E) No statute of limitation shall apply if the taxpayer filed a fraudulent tax return. (Ord. 993, passed ) VOLUNTARY DISCLOSURE. (A) For any locally imposed and administered tax for which a taxpayer has not received a written notice of an audit, investigation, or assessment from the local tax administrator, a taxpayer is entitled to file an application with the local tax administrator for a voluntary disclosure of the tax due. (B) A taxpayer filing a voluntary disclosure application must agree to pay the amount of tax due, along with interest of 1% per month, for all periods prior to the filing of the application but not more than four years before the date of filing the application. (C) (1) A taxpayer filing a valid voluntary disclosure application may not be liable for any additional tax, interest, or penalty for any period before the date the application was filed. (2) However, if the taxpayer incorrectly determined and underpaid the amount of tax due, the taxpayer is liable for the underpaid tax along with applicable interest on the underpaid tax, unless the underpayment was the result of fraud on the part of the taxpayer, in which case the application shall be deemed invalid and void. (D) (1) The payment of tax and interest must be made no later than 90 days after the filing of the voluntary disclosure application or the date agreed to by the local tax administrator. (2) However, any additional amounts owed as a result of an underpayment of tax and interest previously paid under this section must be paid within 90 days after a final determination and the exhaustion of all appeals of the additional amount owed, or the date agreed to by the local tax administrator, whichever is longer. (Ord. 993, passed )

27 32.64 PUBLICATION OF TAX ORDINANCES. (A) Any locally administered tax ordinance shall be published via normal or standard publishing requirements. (B) The posting of a tax ordinance on the Internet shall satisfy the publication requirements. (C) Copies of all tax ordinances shall be made available to the public upon request at the Village Clerk's Office. (Ord. 993, passed ) LIENS. (A) The local tax administrator shall establish an internal review procedure regarding any liens filed against any taxpayers for unpaid taxes. (B) Upon the local tax administrator's determination that it is valid, the lien shall remain in full force and effect. (C) If the lien is determined to be improper, the local tax administrator shall: (1) Remove the lien in a timely manner at the village's expense; (2) Correct the taxpayer's credit record; and (3) Correct any public disclosure of the improperly imposed lien. (Ord. 993, passed ) APPLICATION. (A) This subchapter shall be liberally construed and administered to supplement all of the village's tax ordinances. (B) To the extent that any tax ordinance is in conflict with or inconsistent with this subchapter, this subchapter shall be controlling. (Ord. 993, passed ) PENALTY. (A) Any person, firm, or corporation found willfully guilty of failing to pay, collect, report, and transmit the hotel or motel tax to the Village Treasurer in accordance with the terms of shall, except when otherwise specifically provided, upon conviction thereof be punished by a fine not to exceed $1,000 for each offense. A separate and distinct offense shall be regarded as committed each day upon which the person shall continue any such violation, or permit any such violation to exist after notification thereof. (B) Any person found guilty of violating any provision of 32.21, including the late filing of a return or the late payment of the tax, shall be fined an amount not to exceed $500 for each offense. A separate offense is committed upon each day that a violation exists. If for any reason tax is not paid when due, a penalty at the rate of 10% of the amount of tax owed shall be applied, plus interest at the rate of 1.25% per month from the date of delinquency shall be added and collected. (Ord. 941, passed 6-16-; Am. Ord. 1050, passed ) Cross-reference: Code Enforcement, see Ch. 33 CHAPTER 33: CODE ENFORCEMENT Section Purpose; home rule authority Definitions Ordinance Enforcement Department; composition and duties Code Enforcement Officer

28 33.05 Procedure Service of violation notice Administrative hearing Notices Final determination of liability Judicial review Enforcement of judgment Determination of motor vehicle in violation; immobilization; notice Request for hearing in the case of towing and impoundment of motor vehicles Impounding of immobilized vehicle; notice Hearing in case of vehicle immobilization Schedule of fines PURPOSE; HOME RULE AUTHORITY. (A) The stated purpose of this chapter is to provide for fair and efficient enforcement of village ordinances as may be allowed by law and directed by ordinance, through an administrative adjudication of violations of such village ordinances and establishing a schedule of fines and penalties, and authority and procedures for collections of unpaid fines and penalties. (B) This chapter shall not prevent the village from adopting other systems of administrative adjudication pursuant to their home rule power. (Ord. 958, passed ) DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADMINISTRATIVE ADJUDICATION. The adjudication of municipal code violations to the extent permitted by the Illinois Constitution. ADMINISTRATIVE HEARING OFFICER. An attorney, licensed to practice in the State of Illinois for at least three years who has completed the formal training program pursuant to this chapter. ADMINISTRATIVE HEARING PROCEDURES. Procedures pursuant to this chapter that afford parties due process of law, including notice and an opportunity. CODE HEARING UNIT. Separate agency within the municipal government of the village that hears violations of the ordinances of the village. JURISDICTION. The particular code violations that the Code Hearing Unit may hear. MOVING VIOLATION. Any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of a vehicle. (Ord. 958, passed ) ORDINANCE ENFORCEMENT DEPARTMENT; COMPOSITION AND DUTIES. (A) Creation. There is hereby established an executive department of the municipal government to be known as the Ordinance Enforcement Department and to have the power to enforce compliance with all municipal ordinances as from time to time authorized by the Board of Trustees, except for any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under ILCS Ch. 625, Act 5, The establishment of the Ordinance Enforcement Department does not preclude the Mayor and Board of Trustees from using any other method to enforce ordinances of the village.

29 (B) Composition. The Ordinance Enforcement Department shall be composed of a Hearing Officer, Ordinance Enforcement Administrator and hearing room security personnel, with the power and authority as hereinafter set forth. (C) Hearing Officer. (1) The Hearing Officer shall preside over all adjudicatory hearings have the following powers and duties: (a) Hearing testimony and accepting evidence that is relevant to the existence of the code violation; (b) Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives; (c) Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing; (d) Issuing and signing a written finding, decision, and order stating whether a code violation exists; and (e) Imposing penalties consistent with applicable code provisions and assessing costs upon finding a party liable for the charged violation, except however, that in no event shall the Hearing Officer have authority to impose a penalty of incarceration. (2) (a) Prior to conducting administrative adjudication proceedings, the Hearing Officer shall have successfully completed a formal training program which includes the following: 1. Instruction on the rules of procedure of the administrative hearings which the Hearing Officer conducts; 2. Orientation to each subject area of the code violations that they will adjudicate; 3. Observation of administrative hearings; and 4. Participation in hypothetical cases, including ruling on evidence and issuing final orders. (b) In addition, a Hearing Officer must meet one of the following qualifications: 1. Be an attorney licensed to practice law in the State of Illinois for at least three years; 2. Have previously served as a Hearing Officer for a minimum of three years for the state or any municipal corporation or political subdivision of this state; or 3. Have at least four years of professional experience in the subject area of the code violations that he or she will adjudicate. (D) Ordinance Enforcement Administrator. Ordinance Enforcement Administrator is authorized and directed to do the following: (1) Operate and manage the system of administrative adjudication of village ordinance violation as may be permitted by law and directed by ordinance; (2) Adopt, distribute and process all notices as may be required under this chapter or as may be reasonably required to carry out the purpose of this chapter; (3) Collect monies paid as fines and/or penalties assessed after a final determination of liability; (4) Certify copies of final determinations of an ordinance violation adjudicated pursuant to this chapter, and any factual reports verifying the final determination of any violation liability which was issued in accordance with this chapter, the laws of the State of Illinois, including ILCS Ch. 625, Act 5, as from time to time amended; (5) Certify reports to the Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this chapter as hereinafter set forth, and those of state law;

30 (6) Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created; and (7) Collect unpaid fines and penalties through private collection agencies and pursuit of all post-judgment remedies available by current law. (E) System Coordinator/Computer Operator. System Coordinator/Computer Operator is hereby authorized and directed to operate and maintain the computer programs for the administrative adjudication system of the Ordinance Enforcement Department hereby created, on a day-to-day basis, including but not limited to: (1) Input of violation notice information; (2) Establishing court dates and notice dates; (3) Recording fine and penalty assessment and payments; (4) Issuing payment receipts; (5) Issuing succeeding notice of hearing dates and/or final determination of liability; issue notice of immobilization; issue notice of impending impoundment; issue notice of impending drivers license suspension, as directed by the Ordinance Enforcement Administrator in accordance with the provisions hereinafter set forth; and (6) Keeping accurate records of appearances and nonappearances at administrative hearings, pleas entered, judgments entered, sanctions imposed, if any, fines and penalties assessed and paid. (F) Hearing room security personnel. Hearing room security personnel shall be qualified offduty, full-time, part-time or auxiliary police officers who are hereby authorized and directed to: (1) Maintain hearing room decorum; (2) Have and execute authority as is granted to courtroom deputies of the circuit court; and (3) Perform such other duties or acts as may reasonably be required as and directed by the Hearing Officer or Ordinance Enforcement Administrator. (G) Appointments by Mayor. The Mayor is hereby authorized to appoint persons to hold the positions above set forth. Other than the Hearing Officer, one person may hold and fulfill the requirements of one or more of the above stated positions and compensation for each of the above stated positions shall be as approved by the Board of Trustees. (Ord. 958, passed ) CODE ENFORCEMENT OFFICER. (A) The office of Code Enforcement Officer has been created. (B) In addition to his duties as Health Officer, Building Commissioner, Zoning Administration, License Inspector, Property Maintenance Code Official and Flood Plain Inspector, the Code Enforcement Officer and/or his duly appointed representative shall have the following powers and duties, when properly assigned and on duty: (1) To arrest or cause to be arrested, with or without process, all persons who are found violating any municipal ordinance dealing with health, licensing, zoning, building, occupancy, and property maintenance codes of the village; (2) To issue appropriate summons; and (3) To serve all notices and/or summons for violations of municipal ordinance dealing with the enforcement of health, licensing, zoning, building, occupancy, and property maintenance codes of the village. (C) The Code Enforcement Officer shall carry firearms only with the permission of the Mayor and Village Board and then only when on duty and in the performance of his duties.

31 (D) Prior to being permitted to carry firearms, the Code Enforcement Officer shall receive a course of training in the use of weapons and other police procedure by the Chief of Police or through a course of training designated by him. The course of training shall be not less than 40 hours in duration. Upon the completion of the course of training, the Chief of Police shall file a written notification attesting to the Code Enforcement Officer s completion of the course with the Mayor. (Ord. 906, passed ) PROCEDURE. The system of administrative adjudication of any village ordinance violation authorized to be adjudicated hereunder, shall be in accordance with the following procedures: (A) Violation notice of any ordinance violation including violations of the village traffic code shall be issued by the persons authorized under this code and shall contain information and shall be certified and constitute prima facie evidence of the violation cited as hereinafter set forth; (B) All full-time, part-time, and auxiliary police officers as well as members of the Code Enforcement Department and other specifically authorized individuals of any village department shall have the authority to issue violation notices; (C) Any individual authorized hereby to issue violation notices and who detects an ordinance violation authorized to be adjudicated under this chapter or a violation of any section of any village ordinance, is authorized to issue notice of violation thereof and shall make service thereof as is hereinafter set forth; (D) The violation notice shall contain, but shall not be limited to, the following information: (1) The name of the party violating the ordinance, if known; (2) The date, time, and place of the violation (date of issuance); (3) The particular ordinance violated; (4) Vehicle make and state registration number (if applicable); (5) The fine and any penalty which may be assessed for late payment; (6) The signature and identification number of the person issuing the notice; (7) The date and location of the adjudicating hearing of ordinance violations of the village traffic code, the legal authority and jurisdiction under which the hearing is to be held and the penalties for failure to appear at the hearing. (Ord. 958, passed ) SERVICE OF VIOLATION NOTICE. (A) Service of any violation notice shall be made by the person issuing such notice: (1) In the case of violation of the village traffic code by: (a) Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle, unstickered vehicle, or vehicle violating any compliance regulation; (b) Handing the notice to the registered owner, operator or lessee of the vehicle, if present; or (c) Handing the notice to the responsible person or leaving the notice with any person 12 years of age or older at the residence of the responsible owner. (2) In the case of any ordinance violation other than a violation of the village traffic code by: (a) Handing the notice to the person responsible for the ordinance violation; (b) Handing the notice to the responsible person or leaving the notice with any person 12 years of age or older at the residence of the responsible person;

32 (c) Mailing the notice by certified mail, return receipt requested to the person responsible for the ordinance violation; or (d) Posting the notice upon the property where the violation is found when the person is the owner or manager of the property. (B) The correctness of facts contained in any violation notice shall be verified by the person issuing the notice by: (1) Signing his/her name to the notice at the time of issuance; or (2) In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the Ordinance Enforcement Administrator, attesting to the correctness of all notices produced by the device while under his/her control. (C) The original or a facsimile of the violation notice shall be retained by the Ordinance Enforcement Administrator and kept as a record in the ordinary course of business. (D) Any violation notice issued, signed, and served in accordance herewith, or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. (Ord. 958, passed ) ADMINISTRATIVE HEARING. An administrative hearing to adjudicate any alleged ordinance violation on its merits, or to contest the validity of a notice of impending immobilization or impending impoundment, or the validity of a notice of impending driver s license suspension shall be granted to the registered owner or operator of the cited vehicle, pursuant to ILCS Ch. 625, Act 5, of the lessee of the cited vehicle, ILCS Ch. 625, Act 5, , incorporated herein by reference and at the date, time and place as is set forth by the Ordinance Enforcement Administrator and served upon the registered owner, operator or lessee for hearings contesting the validity of notices of impending immobilization or impending impoundment or driver s license suspension. All administrative hearings shall be recorded and shall culminate in a determination of liability or non-liability, made by the Hearing Officer, who shall consider facts and/or testimony without the application of the formal or technical rules of evidence. Evidence including hearsay may be admitted only if it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs. The Hearing Officer shall, upon a determination of liability, assess fines and penalties in accordance with hereof. Persons appearing to contest the alleged violation on its merits may be represented by counsel at their own expense. The burden of proof shall be on the alleged offender to refute the prima facie case set forth in the verified notice of violation. (Ord. 958, passed ) NOTICES. (A) Upon failure of the person receiving a notice of a violation of a village ordinance, other than a village traffic code violation, to appear at the time and date designated for a hearing or, in the case of a violation of the village traffic code, the registered owner, operator, or lessee of the cited vehicle to pay the fine in full as stated on the notice, the Ordinance Enforcement Administrator shall send or cause to be sent notices by first class mail, postage prepaid, to the person who received the notice of an ordinance violation; or, in the case of the violation of the village traffic code, the registered owner or operator of the cited vehicle at the address as is recorded with the Secretary of State, and shall be sent to the lessee of the cited vehicle at the address last known to the lessor of the cited vehicle at the time of the lease. Service of the

33 notices sent in accordance herewith shall be completed as of the date of deposit in the United States mail. (B) The notices sent in accordance herewith shall be in the following sequence and contain, but not be limited to, the following information: (1) Upon the failure of the person receiving notice of an ordinance violation or, in the case of a notice of a violation of the village traffic code, the registered owner, operator, or lessee of the cited vehicle to pay the fine in full as stated on the notice, a notice shall be sent, as above set forth, and shall contain, but not be limited to the following information: (a) Date and location of violation cited in the violation notice; (b) Particular ordinance violated; (c) Vehicle make and state registration number (if applicable); (d) Fine and any penalty that may be assessed for late payment; (e) A section entitled Notice of Hearing which shall clearly set forth that the person receiving a notice of ordinance violation, in the case of a violation of the village traffic code, or the registered owner, operator, or lessee may appear at an administrative hearing to contest the validity of the violation notice on the date and at the time and place as specified in the Notice of Hearing; (f) Date, time, and place of the administrative hearing at which the alleged violation may be contested on its merits; (g) Statement that failure to either pay fine and any applicable penalty or failure to appear at the hearing on its merits on the date and at the time and place specified will result in a final determination of liability for the cited violation in the amount of the fine and penalty indicated; and (h) Statement that upon the occurrence of a final determination of liability for the failure, and the exhaustion of, or the failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the village. (2) A notice of final determination of liability shall be sent following the conclusion of administrative hearing, as is hereinafter set forth, and shall contain, but not be limited to, the following information and warnings: (a) A statement that the unpaid fine and any penalty assessed is a debt due and owing the village; (b) A statement of any sanction ordered or costs imposed which costs are debts due and owing the village; (c) A warning that failure to pay the fine and any penalty due and owing the village within the time specified may result in proceeding with collection procedures in the same manner as a judgment entered by any court of competent jurisdiction; (d) A warning that the person's driver s license may be suspended for failure to pay fines or penalties for ten or more vehicular standing or parking violations under ILCS Ch. 625, Act 5, , incorporated herein by reference; (e) A warning that the vehicle owned by the person and located within the village may be immobilized and impounded for failure to pay fines or penalties for ten or more vehicular standing or parking regulation violations; and (f) Any other warning or possible impoundment as permitted by law or ordinance. (3) A notice of impending suspension of a person's driver s license shall be sent to any person determined to be liable for the payment of any fine or penalty that remains due and owing on ten or more vehicular standing or parking regulation violations.

34 (a) The notice shall state that the failure to pay the fine or penalty owing within 45 days of the date of the notice will result in the village notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under ILCS Ch. 625, Act 5, , incorporated herein by reference. (b) The notice of impending driver s license suspension shall be sent by first class mail, postage prepaid, to the address recorded with the Secretary of State. (Ord. 958, passed ) FINAL DETERMINATION OF LIABILITY. A final determination of liability shall occur following the failure to pay the fine of penalty and the Hearing Officer's determination of liability and the exhaustion of, or the failure to exhaust, any administrative review procedures hereinafter set forth. Where a person fails to appear at the administrative hearing to contest the alleged violation on the date and at the time and place specified in a prior served or mailed notice pursuant to 33.08, the Hearing Officer's determination of liability shall become final either upon a denial of a timely petition to set aside that determination or upon the expiration of the period for filing a petition without a filing having been made. (Ord. 958, passed ) JUDICIAL REVIEW. Any final decision by a Hearing Officer that a code violation does or does not exist shall constitute a final determination for purposes of judicial review under the Illinois Administrative Review Law. (Ord. 958, passed ) ENFORCEMENT OF JUDGMENT. (A) Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of or the failure to exhaust judicial review procedures under the Illinois Administrative Review Law are a debt due and owing the municipality and may be collected in accordance with applicable law. (B) After expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for a final determination of a code violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the Hearing Officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. (C) In any case in which a Hearing Officer finds that a defendant has failed to comply with a judgment ordering a defendant to correct a code violation or imposing any fine or other sanction as a result of a code violation, any expenses incurred by a municipality to enforce the judgment including, but not limited to, attorney s fees, court costs, and costs related to property demolition or foreclosure after they are fixed by the Hearing Officer, shall be a debt due and owing the municipality and may be collected in accordance with applicable law. (D) A lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the municipality under this section. The lien may be recorded and enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. No lien may be enforced under this section until it has been recorded in the manner provided by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code. (E) A Hearing Officer may set aside any judgment entered by default and set a new hearing date upon a petition filed within 21 days after the issuance of the order of default if the Hearing Officer determines that the petitioner s failure to appear at the hearing was for good cause or at

35 any time if the petitioner establishes that the municipality did not provide proper service of process. (Ord. 958, passed ) DETERMINATION OF MOTOR VEHICLE IN VIOLATION; IMMOBILIZATION; NOTICE. (A) Any motor vehicle whose registered owner has been determined to be liable for ten or more vehicular standing or parking regulation violations, for which the fines or penalties assessed remain unpaid, may be immobilized, booted, or towed and impounded if: (1) The Ordinance Enforcement Administrator has determined that a person has been determined to be liable for ten or more ordinance violations, for which the fines or penalties remain unpaid; (2) The person determined to be liable for ten or more violations is the registered owner of a motor vehicle located within the village geographical boundaries; (3) A seizure notice has been sent to the registered owner of the motor vehicle located within the geographical boundaries of the village which contains, but shall not be limited to the following: (a) That a final determination has been made on ten or more ordinance violations, for which the fines and penalties remain unpaid; (b) A listing of the violations for which the person has been determined to be liable, which shall include for each violation: 1. The ordinance violation notice number; 2. Date of issuance; and 3. Total amount of fines and penalties assessed; (c) That the motor vehicle owned by the person and located within the village is subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within, but not later than 15 days of the date of the notice; (d) Date of immobilization; (e) Date of impending towing and impoundment; and (f) That the registered owner may contest the validity of the notice by appearing in person before the Ordinance Enforcement Administrator within 15 days of the date of the notice and submitting evidence which would conclusively disprove liability, such as the following: 1. That the registered owner was not the owner or lessee of the vehicle on the date or dates the notices of violation were issued; or 2. That the fines or penalties for the violations cited in the notice were paid in full; or 3. That the registered owner has not accumulated ten or more ordinance violation notices which are unpaid, not adjudicated, or for which no appearance was made; (4) The motor vehicle of the registered owner to whom notice is sent has failed to make payment of the fines or penalties as specified in the notice and has failed to appear with evidence to conclusively disprove liability before the Ordinance Enforcement Administrator to contest the validity of the notice. (Ord. 958, passed ) REQUEST FOR HEARING IN THE CASE OF TOWING AND IMPOUNDMENT OF MOTOR VEHICLES. Upon the receipt of the request for hearing to contest the validity of the immobilization or owing and impoundment, the Ordinance Enforcement Administrator shall schedule an

36 administrative hearing to contest the validity of the immobilization or towing and impoundment on the next scheduled hearing date or is sooner scheduled by the Ordinance Enforcement Administrator for good cause shown, but in no case shall the hearing be scheduled later than 30 days after the request for hearing is filed and shall serve notice of the hearing date upon the registered owner by first class mail, postage prepaid to the address as is set forth on the request for hearing. Service of the notice shall be complete on the date it is placed in the United States mail. (C) Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place. The notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage. The notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of ILCS Ch. 720, Act 5, 21-1 and Ch. 720, Act 570, 601. The notice also shall provide the following information specifying that a release of the immobilizing restraint may be had by: (1) Paying all the fines and penalties, if any, on the outstanding complaints for which notice has been sent prior to the date of the immobilization; or (2) Completing appearance forms on all outstanding parking violation complaints for which notice had been sent prior to the date of the immobilization and depositing collateral in the amount of 50% of the total fines for these outstanding parking violation complaints, or $500, whichever is less. (Ord. 958, passed ) IMPOUNDING OF IMMOBILIZED VEHICLE; NOTICE. (A) Except where the vehicle is otherwise subject to towing, if the immobilizing restraint has not been released as herein above provided, within 72 hours of its placement, the vehicle shall be towed and impounded. (B) Within ten days after a vehicle has been impounded, notice of impoundment shall be sent by certified mail, return receipt requested, to the registered owner of the vehicle. The notice shall state that the owner has the right to a post-immobilization and post-towing hearing as provided in and that if the vehicle is not claimed within 30 days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with the Illinois Vehicle Code. (Ord. 958, passed ) HEARING IN CASE OF VEHICLE IMMOBILIZATION. The owner of an immobilized vehicle or other interested person shall have the right to a hearing to determine whether the immobilization list, if the owner files a written demand for a hearing before the Ordinance Enforcement Administrator within 14 days after issuance of the notice specified in or within 14 days of immobilization. (Ord. 958, passed ) SCHEDULE OF FINES. The fines and penalties which shall be imposed shall be as follows: (A) For violation of any village ordinance other than a violation of the traffic code, fines and penalties shall be established from time to time by the Mayor and Board of Trustees and shall range from $0 to $1,000. (1) If the citation is paid prior to the administrative hearing herein, the fine shall be $50. Where compliance with an ordinance is required, the person accused shall satisfy the proper village authorities that compliance has been completed prior to the administrative hearing. (2) If the citation is not paid prior to the administrative hearing, the fine shall be between $75 and $1,000 as determined by the Administrative Hearing Officer.

37 (B) For violation of any provision of the traffic code, Title VII of this code, or any compliance violation, or violation of any other village ordinance regulating, restricting, or prohibiting the standing or parking of motor vehicles along the streets, byways, alleyways, regulated parking lots, or such other locations as may be controlled by off-street parking agreements, located within the geographical boundaries of this village, other than for handicapped parking, the fine shall be: (1) $20 if citation is issued between the 1st and the 15th day of the month and paid by the 25th; (2) $30 if citation is issued between the 16th and the end of the month and paid by the 10th of the following month; (3) $50 upon failure to pay the fine amount by the deadline dates listed in (1) or (2) above; and (4) $100 if paid on or after the hearing date specified or 14 days after the hearing date specified in the notice of violation, if no request for hearing has been timely filed or a request for hearing has been timely but the person filing the request for hearing failed to appear. (C) For violation of any village ordinance regulating, restriction or prohibiting the standing or parking of motor vehicles along the streets, by-ways, alleyways, regulated parking lots or such other locations as may be controlled by off-street parking agreements, located within the geographical boundaries of this village for areas specifically designated for handicapped parking the fine shall be: (1) $100 if citation is issued between the 1st and the 15th day of the month and paid by the 25th; (2) $100 if citation is issued between the 16th and the end of the month and paid by the 10th of the following month; (3) $200 upon failure to pay the fine amount by the deadline dates listed in (1) or (2) above; and (4) $200 if paid on or after the hearing date specified in the notice of violation but prior to the expiration of 14 days after the hearing date specified in the notice of violation, if no request for hearing has been timely filed or a request for hearing has been timely filed but the person filing the request for hearing failed to appear. (D) The Administrative Hearing Officer upon finding a party liable for the charged violation may impose community service times in lieu of a cash fine. Every $5 assessed in fine would equal one hour of community service time to be performed in the corporate limits of the village. The community service hours, as assessed by the Hearing Officer, for the party liable for the fine, shall be monitored by the Police Department or the Department of Code Enforcement and shall be reported to the Village Clerk's office whether compliance has been achieved in a time period as prescribed by the Administrative Hearing Officer. (Ord. 958, passed ; Am. Ord. 960, passed ; Am. Ord. 1035, passed ) CHAPTER 34: PUBLIC RECORDS Section Compliance with State Freedom of Information Act Duties of Village Clerk Fees Denial of request; appeal Appendix: Exhibits Statutory reference:

38 Freedom of Information Act, see ILCS Ch. 5, Act 140, 1 et seq. COMPLIANCE WITH STATE FREEDOM OF INFORMATION ACT DUTIES OF VILLAGE CLERK. (A) The Village Clerk is hereby designated as the person 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 at 103 Main Street, Cahokia, Illinois between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday, or at the discretion of the Village Clerk. In the event that the Village Clerk is not available, the Deputy Village Clerk is designated as the person to whom such initial requests are to be made. (B) 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 Village Clerk or the Deputy Village Clerk, or by an employee of the village acting under the direction of the Clerk or Deputy Clerk. In no event shall records be retrieved by the party requesting them or by any person who is not employed by the village. (C) The Village Clerk shall prepare a village information directory; a block diagram of the functional subdivisions of the village; a village records directory; and a records catalogue, all of which shall be substantially in the same form as the documents attached hereto and made a part hereof as Exhibits A, B, C, and D as set forth in the Appendix following this chapter. (Ord. 833, passed ) FEES. If copies of records are requested, the fees for copies, whether certified or not, shall be as determined from time to time by the Village Clerk. 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. (Ord. 833, passed ) DENIAL OF REQUEST; APPEAL. In the event that a request to inspect village records is denied by the Village Clerk or the Deputy Village Clerk, the denial may be appealed to the Village President. Such an appeal must be made within 14 days after the requesting party receives the written notice denying the request; or, in the event that the denial is not by letter, the appeal must be made 14 days after the request is effectively denied. In the absence of the Village President, appeals from denials of requests for access shall be made to the Village Administrator in the times set forth above. (Ord. 833, passed ) APPENDIX: EXHIBITS Section 1. Exhibit A: Municipal Record Directory 2. Exhibit B: Village Information Directory 3. Exhibit C: Functional Subdivisions of Village 4. Exhibit D: Catalogue of Public Records 1 EXHIBIT A: MUNICIPAL RECORD DIRECTORY. (A) Any person requesting copies of records of the Village of Cahokia may make such a request either in person, orally, or in writing at the Village Clerk's office located at 103 Main St. Cahokia, Il (B) The Village Clerk, Jessie Brown, is designated as the person to whom all initial requests for access to the records be made. Requests are to be at the office of the Village Clerk between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. In the event that the Village Clerk

39 is not available during the times described above, the Deputy Village Clerk, Helen Jones, is designated as the person to whom such initial requests are to be made, or by employees Dorothy Carrico or Diane Pennock acting under the direction of the Village Clerk. (C) If you desire that any records be certified you must indicate that in your request and specify which records you want certified. (D) The fees for copies are as follows: $.50 per copy. (actual cost) (E) The Village of Cahokia will respond to the request within seven working days from the date of request unless one or more of the seven reasons for extension of time provided for in Section 3 of the Act are invoked by the village. (F) The seven reasons for extension of time are as follows: (1) The requested records are stored in another location; (2) The request requires the collection of a large number of records; (3) The request is categorical in nature and requires an extensive search; (4) The public body has failed to locate the requested records in its initial attempt and the search is continuing; (5) The requested records require examination by a competent person in order to determine which, if any, are exempt under section seven of the Act; (6) It would unduly burden or interfere with the operations of the public body to fill the request within the initial seven working days; or (7) There is a need for consultation with another public body which has a substantial interest in the determination or in the subject matter of the request. (G) Whenever the village extends the time by the additional seven working days for one of the seven stated reasons, the Village Clerk will send a letter within the initial seven working day period to the person making the request, stating that the records will be available, or the request denied. (H) In order to deny a request, the burden on the public body (The Village of Cahokia) must outweigh the public interest in the information sought. Request for the same public record by the same person shall be deemed unduly burdensome. (I) Notice to appeal from a denial must be mailed to the Mayor or President of the Village Board within 14 days after notification of denial. (Ord. 833, passed ) 2 EXHIBIT B: VILLAGE INFORMATION DIRECTORY. (A) The Village of Cahokia is a municipality incorporated and organized under the laws of the State of Illinois for the purpose of providing its residents with the following services: (1) Police protection; (2) Water and Sewer service; (3) Street Maintenance; (4) Pool and Rink; (5) Park and Recreation; (6) Fitness and Youth Center; and (7) Code Enforcement Department. (B) The Village of Cahokia has certain functional subdivisions which are shown on Exhibit C of this appendix. The approximate amount of the operating budget of the Village of Cahokia is $5,201, The village's office is located at 103 Main Street Cahokia, Illinois The village currently employs approximately 82 full-time employees and approximately eight parttime employees.

40 (C) The members of the boards, commissions, and committees of the Village of Cahokia are as follows: Cahokia Village Board Planning Commission Fire and Police Commissioners Police Pension Board Economic Development Commission Board of Appeals Finance Committee (Ord. 833, passed ) 3 EXHIBIT C: FUNCTIONAL SUBDIVISIONS OF VILLAGE. (Ord. 833, passed ) 4 EXHIBIT D: CATALOGUE OF PUBLIC RECORDS. VILLAGE HALL BUILDING 103 MAIN STREET CAHOKIA, IL Room #1 Clerk s Office Staff I Financial Records and Reports (A) Monthly Treasurers Reports (B) Current Bank Deposits (C) Investment Records

41 (D) Audit Reports (E) Budgets Reports II Blank Forms and Applications (A) Employee withholding forms (B) Zoning Applications (C) Handicapped Applications and Permits (D) Dog Tags (E) Voters Registration (F) Solicitor s Application and Permits (G) Building Applications and Permits (H) Information on Union Electric and Illinois Power (I) Business Applications and License (J) Village Maps (K) Employee Forms (Sick, Vacation etc.) (L) Auditorium Contracts (M) FAX Cover Sheets (N) F.O.I.A. Request and Forms (O) Raffle Applications and License (P) Yard Sale Permits (Q) Liquor Applications and License (R) Electric Permits Room 1A Computer Room and Vault I (A) Daily Time Sheets for Clerks (Office Employees) (B) Computer II Files (A) Misc. Clerk Files (B) Motor Fuel (C) Prior Year Receipts (D) Prior Year Disbursements (E) Auditorium Contracts III Vault (A) Cash Boxes (B) Payroll Records and Reports (C) Computer Supplies (D) Bookkeeping Ledgers (E) Checks (Blank and Canceled) (F) Check Copies (G) Blank Business and Liquor License (H) Vendor Stickers Room #2 Jessie Brown, Village Clerk's Office I Files (A) Election Records and Supplies

42 (B) Clerk's Correspondence (C) F.O.I.A. Records II Vault (A) Minutes (B) Ordinances (C) Resolutions (D) Municipal Clerk's Manual and Records (E) Tapes Room #3 I Files (A) Current and Blank Invoices (B) Employee Records and Personnel Files (C) Insurance Records (D) Current Disbursements (E) Purchase Orders Room #4 I Files (A) Correspondence (B) Legal Copies (C) Vehicle Title and Registrations (D) Finance and Budget Information (E) Workers Compensation Files (F) Agenda's (G) Agreements (H) Contracts (I) Revenue Receipts Room Planning Commissions Office I CEDC (A) Records and Files (B) Correspondence VILLAGE HALL ANNEX BUILDING 201 WEST 4TH STREET CAHOKIA, IL Room #2 & #3 Water and Sewer Department I (A) Records and Files Room #5Code Enforcement Department I (A) Records and Files VILLAGE OF CAHOKIA POOL AND RINK 200 CAHOKIA PARK DRIVE CAHOKIA, IL. I Pool and Rink (A) Records and Files (Ord. 833, passed ) CHAPTER 35: VILLAGE POLICY Section Prevailing Rate of Wages for Workers Employed on Public Works Projects Rates as determined by State Department of Labor Rates exclusive to public works construction Prevailing rates determination available for inspection; publication

43 35.04 Filing with state PREVAILING RATE OF WAGES FOR WORKERS EMPLOYED ON PUBLIC WORKS PROJECTS RATES AS DETERMINED BY STATE DEPARTMENT OF LABOR. To the extent and as required by an Act regulating wages of laborers, mechanics, and other workers employed in any public body or any political subdivision or by anyone under contract for public works, approved June 26, 1941, as amended, the general prevailing rate of wages in this locality for laborers, mechanics, and other workers engaged in construction of public works coming under the jurisdiction of the Board of Trustees is hereby ascertained to be the same as the prevailing rate of wages for construction work in St. Clair County areas as determined by the Department of Labor of the State of Illinois as of June, 2005, a copy of that determination being attached to Ordinance 1070 and incorporated herein by reference. As required by the Act, any and all revisions of the prevailing rate of wages by the Department of Labor of the State of Illinois shall supersede the Department s June determination and apply to any and all public works construction undertaken by the Board of Trustees. The definition of any terms appearing in this subchapter which are also used in the aforesaid Act shall be the same as in the Act. (Ord. 964, passed ; Am. Ord. 2, passed ; Am. Ord. 1001, passed ; Am. Ord. 1018, passed ; Am. Ord. 1042, passed ; Am. Ord. 1070, passed ; Am. Ord , passed ) RATES EXCLUSIVE TO PUBLIC WORKS CONSTRUCTION. Nothing herein contained shall be construed to apply the general prevailing rate of wages as herein ascertained to any work or employment except public works construction under the Board of Trustees to the extent required by the aforesaid Act. (Ord. 964, passed ; Am. Ord. 2, passed ; Am. Ord. 1001, passed ; Am. Ord. 1018, passed ; Am. Ord. 1042, passed ; Am. Ord , passed ) PREVAILING RATES DETERMINATION AVAILABLE FOR INSPECTION; PUBLICATION. (A) The Board of Trustees shall publicly post or keep available for inspection by any interested party in the main office of the Board of Trustees this determination or any revisions of such prevailing rate of wages. A copy of this determination or of the current revised determination of prevailing rate of wages then in effect shall be attached to all contract specifications. (B) The Board of Trustees shall mail a copy of this determination to any employer, and to any association of employees and to any person or association of employees who have filed their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. (C) The Board of Trustees shall cause to be published in a newspaper of general circulation within the area a copy of Ordinance 1001, and such publication shall constitute notice that the determination is effective and that this is the determination of the public body. (Ord. 964, passed ; Am. Ord. 2, passed ; Am. Ord. 1001, passed ; Am. Ord. 1018, passed ; Am. Ord. 1042, passed ; Am. Ord , passed ) FILING WITH STATE. The Board of Trustees shall promptly file a certified copy of Ordinance 1001 to both the Secretary of State Index Division and the Department of Labor of the State of Illinois. (Ord. 964, passed ; Am. Ord. 2, passed ; Am. Ord. 1001, passed ; Am. Ord. 1018, passed ; Am. Ord. 1042, passed ; Am. Ord , passed )

44 CHAPTER 36: ETHICS ORDINANCE Section Definitions Prohibited political activities Gift Ban Ethics advisor Ethics commission Penalties DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CAMPAIGN FOR ELECTIVE OFFICE. Any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities: (1) Relating to the support or opposition of any executive, legislative, or administrative action; (2) Relating to collective bargaining; or (3) That are otherwise in furtherance of the person's official duties. CANDIDATE. A person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in section 1-3 of the Election Code (ILCS Ch. 10, Act 5 1-3). COLLECTIVE BARGAINING. The same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (ILCS Ch. 5, Act 315, 3). COMPENSATED TIME. With respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this chapter, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, COMPENSATED TIME includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location. COMPENSATORY TIME OFF. Authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.

45 CONTRIBUTION. Has the same meaning as that term is defined in of the Election Code (ILCS Ch. 10, Act 5, 9-1.4). EMPLOYEE. A person employed by the Village of Cahokia, whether on a full-time or parttime basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor. EMPLOYER. The Village of Cahokia. GIFT. Any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee. LEAVE OF ABSENCE. Any period during which an employee does not receive: (1) Compensation for employment; (2) Service credit towards pension benefits; and (3) Health insurance benefits paid for by the employer. OFFICER. A person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity. POLITICAL ACTIVITY. Any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities: (1) Relating to the support or opposition of any executive, legislative, or administrative action; (2) Relating to collective bargaining; or (3) That are otherwise in furtherance of the person's official duties. POLITICAL ORGANIZATION. A party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under 9-3 of the Election Code (ILCS Ch. 10, Act 5, 9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk. PROHIBITED POLITICAL ACTIVITY.

46 (1) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event. (2) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event. (3) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution. (4) Planning, conducting, or participation in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. (5) Surveying or gathering information from potential voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. (6) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question. (7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in the effort to get voters to the polls. (8) Initiation for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question. (9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office. (10) Preparing or reviewing responses to candidate questionnaires. (11) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question. (12) Campaigning for any elective office or for or against any referendum question. (13) Managing or working on a campaign for elective office or for or against any referendum question. (14) Serving as a delegate, alternate, or proxy to a political party convention. (15) Participating in any recount or challenge to the outcome of any election.

47 PROHIBITED SOURCE. Any person or entity who: (1) Is seeking official action: (a) By an officer; (b) By an employee; or (c) By the officer or another employee directing that employee; (2) Does business or seeks to do business: (a) With the officer; (b) With an employee; or (c) With the officer or another employee directing that employee. (3) Conducts activities regulated: (a) By the officer; (b) By an employee; or (c) By the officer or another employee directing that employee. (4) Has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee. (Ord. 1063, passed ) PROHIBITED POLITICAL ACTIVITIES. (A) No officer or employee shall intentionally perform any prohibited political activity during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the Village of Cahokia in connection with any prohibited political activity. (B) At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity: (1) As part of that officer or employee's duties; (2) As a condition of employment; or (3) During any compensated time off (such as holidays, vacation or personal time off). (C) No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional

48 compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity. (D) Nothing in this prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this chapter. (E) No person either in a position that is subject to recognized merit principles of public employment; or in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club. (Ord. 1063, passed ) GIFT BAN. (A) Gift ban. Except as permitted by this chapter, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as "recipients"), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this section. (B) Exceptions. Division (A) is not applicable to the following: (1) Opportunities, benefits, and services that are available on the same conditions as for the general public. (2) Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value. (3) Any contribution that is lawfully made under the Election Code or activities associated with a fundraising event in support of a political organization or candidate. (4) Educational materials and missions. (5) Travel expenses for a meeting to discuss business. (6) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiance or fiancee. (7) Anything provided by an individual on the basis of a personal friendship unless the

49 recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (a) The history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (b) Whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (c) Whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family numbers. (8) Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are consumed on the premises from which they were purchased or prepared or catered. For the purposes of this section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means. (9) Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances. (10) Intra-governmental and inter-governmental gifts. For the purpose of this Act, "intragovernmental gift" means any gift given to an officer or employee from another officer or employee, and "inter-governmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity. (11) Bequests, inheritances, and other transfers at death. (12) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100. Each of the exceptions listed in this section is mutually exclusive and independent of every other. (C) Disposition of gifts. An officer or employee, his or her spouse or an immediate family member living with the officer or employee does not violate this chapter if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under 501(c)(3) of the Internal Revenue Code of 16, as now or hereafter amended, renumbered or succeeded.

50 (Ord. 1063, passed ) ETHICS ADVISOR. (A) The Mayor, with the advice and consent of the Board of Trustees, shall designate an Ethics Advisor for the Village of Cahokia. The duties of the Ethics Advisor may be delegated to an officer or employee of the Village of Cahokia unless the position has been created as an office by the Mayor. (B) The Ethics Advisor shall provide guidance to the officers and employees of the Village of Cahokia concerning the interpretation of and compliance with the provisions of this chapter and state ethic laws. The Ethics Advisor shall perform such other duties as may be delegated by the Mayor and the Board of Trustees. (Ord.1063, passed ) ETHICS COMMISSION. (A) There is hereby created a commission to be known as the Ethics Commission of the Village of Cahokia. The Commission shall be comprised of three members appointed by the Mayor with the advice and consent of the Board of Trustees. No person shall be appointed as a member of the Commission who is related, either by blood or by marriage up to the degree of first cousin, to any elected officer of the Village of Cahokia. If officers are elected on a partisan basis no more than two members of the Commission shall belong to the same political party at the time such appointments are made. Party affiliation shall be determined by affidavit of the person appointed. (B) At the first meeting of the Commission, the Commissioners shall choose a chairperson and a secretary from their number. Meetings shall be held at the call of the Chairperson or any two Commissioners. A quorum shall consist of two Commissioners, and official action by the Commission shall require the affirmative vote of two members. (C) The Mayor, with the advice and consent of the Board of Trustees, may remove a commissioner in case of incompetency, neglect of duty or malfeasance in office after service on the commissioner by certified mail, return receipt requested, of a copy of the written charges against the commissioner and after providing an opportunity to be heard in person or by counsel upon no less than 10 days notice. Vacancies shall be filled in the same manner as original appointments. (D) The Commission shall have the following powers and duties: (1) To promulgate procedures and rules governing the performance of its duties and the exercise of its powers. (2) Upon receipt of a signed, notarized, written complaint, to investigate, conduct hearings and deliberation, issue recommendation for disciplinary actions, impose fines in accordance with 36.99(D) and refer violations of or to the appropriate attorney for prosecution. The Commission shall, however, act only upon receipt of a written complaint alleging a violation of this chapter and not upon its own prerogative. (3) To receive information from the public pertaining to its investigations and to require

51 additional information and documents from persons who may have violated the provisions of this chapter. (4) To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation. It is the obligation of all officers and employees of the Village of Cahokia to cooperate with the Commission during the course of its investigations. Failure or refusal to cooperate with requests by the Commission shall constitute grounds for discipline or discharge. (5) The powers and duties of the Commission are limited to matters clearly within the purview of this chapter. (E) (1) Complaints alleging a violation of this chapter shall be filed with the Ethics Commission. (2) Within three business days after receipt of a complaint, the Commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The Commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within three business days after receipt by the Commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting to determine the sufficiency of the complaint and to establish whether probable cause exists to proceed. (3) Upon not less than 48 hours' public notice, the Commission shall meet to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of this chapter, to determine whether there is probable cause, based on the evidence presented by the complainant, to proceed. The meeting may be closed to the public to the extent authorized by the Open Meetings Act. The Commission shall issue notice to the complainant and the respondent of the Commission's ruling on the sufficiency of the complaint and, if necessary, on probable cause to proceed within seven business days after receiving the complaint. (a) If the complaint is deemed sufficient to allege a violation of of this chapter and there is a determination of probable cause, then the Commission's notice to the parties shall include a hearing date scheduled within four weeks after the complaint's receipt. Alternatively, the Commission may elect to notify in writing the attorney designated by the corporate authorities to prosecute such actions and request that the complaint be adjudicated judicially. If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the Commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public. (b) If the complaint is deemed sufficient to allege a violation of of this chapter then the Commission shall notify in writing the attorney designated by the corporate authorities to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the Commission concerning the alleged violation.

52 (4) On the scheduled date and upon at least 48 hours' notice of the meeting, the Commission shall conduct a hearing on the complaint and shall allow both parties the opportunity to present testimony and evidence. The hearing may be closed to the public only if authorized by the Open Meetings Act. (5) Within 30 days after the date the hearing or any recessed hearing is concluded, the Commission shall either dismiss the complaint; or issue a recommendation for discipline to the alleged violator and to the Mayor or impose a fine upon the violator, or both. The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information. (6) If the hearing was closed to the public, the respondent may file a written demand for a public hearing on the complaint within seven business days after the issuance of the recommendation for discipline or imposition of a fine, or both. The filing of the demand shall stay the enforcement of the recommendation or fine. Within 14 days after receiving the demand, the Commission shall conduct a public hearing on the complaint upon at least 48 hours' public notice of the hearing and allow both parties the opportunity to present testimony and evidence. Within seven days thereafter, the Commission shall publicly issue a final recommendation to the alleged violator and to the Mayor for discipline or impose a fine upon the violator, or both. (7) If a complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the Commission shall render its decision as required under division (E)(5) within seven days after the complaint is filed, and during the seven days preceding that election, the Commission shall render such decision before the date of that election, if possible. (8) The Commission may fine any person who intentionally violates any provision of in an amount not less than $1,001 and not more than $5,000. The Commission may fine any person who knowingly files a frivolous complaint alleging a violation of this chapter in an amount of not less than $1,001 and not more than $5,000. The Commission may recommend any appropriate discipline up to and including discharge. (9) A complaint alleging the violation of this Act must be filed within one year after the alleged violation. (Ord. 1063, passed ) PENALTIES. (A) A violation of may be prosecuted as a quasi-criminal offense by an attorney for the Village of Cahokia, or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure. (B) A person who intentionally violates any provision of may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500. (C) A person who intentionally violates any provision of is subject to a fine in the amount of not less than $1,001 and not more than $5,000.

53 (D) Any person who intentionally makes a false report alleging a violation of any provision of this chapter to the local enforcement authorities, the State Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500. (E) A violation of shall be prosecuted as a criminal offense by an attorney for the Village of Cahokia by filing in the circuit court an information, or sworn complaint, charging such offenses. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. (F) In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violated any provision of or is subject to discipline or discharge. (Ord. 1063, passed ) TITLE V: PUBLIC WORKS Chapter 50. SOLID WASTE 51. SEWERS APPENDIX: APPLICATIONS FOR SEWER PERMIT 52. WATER AND SEWER RATES; WATER SUPPLY CHAPTER 50: SOLID WASTE Section Licensing Requirements License required Types of licenses; limitations and fees License application; issuance and renewal Vehicle requirements Disposal within village limits prohibited Collection Regulations Collection required; method Collection services Billing Construction debris Commingling of wastes prohibited Recycling bins LICENSING REQUIREMENTS LICENSE REQUIRED. (A) No person, firm, or corporation shall engage in the business of refuse collection, namely the collection or disposal of animal, human, or vegetable refuse, or offal, or refuse of any kind, without having first secured a license from the village therefor. Any such license shall be issued for the period beginning July 1 and ending June 30 of the following year. Any such license may not be assigned, transferred, or conveyed in any manner without the written consent and approval of the Board of Trustees.

54 (B) The village retains the authority to withdraw any license issued under this chapter for cause, and refund a pro rata share of the license fee paid, at any time during the license year. In the event a license is recommended for withdrawal, the President of the Board of Trustees shall call a public hearing, conducted by the President and Board of Trustees, and hear testimony supporting withdrawal of the license. At least a three-day written notice shall be provided to the licensee, affording the licensee an opportunity to appear and present opposing testimony at the hearing. Delivery of the required notice shall be by certified mail or by the village Code Enforcement Department acting as agent for the President and Board of Trustees. (Ord. 959, passed ) Cross-reference: Trash haulers, see TYPES OF LICENSES; LIMITATIONS AND FEES. (A) Residential solid waste collection and disposal license. A residential solid waste collection and disposal license shall permit the licensee to collect garbage and rubbish, compostable material, and recyclable material from any residential location within the village when comprised of one, two, or three dwelling units on one parcel. There shall be only one residential solid waste collection and disposal license issued by the village and in effect at any time. (B) Nonresidential solid waste collection and disposal license. A nonresidential solid waste collection and disposal license shall permit the licensee to collect garbage and refuse, compostable material, and recyclable material from any location in the village other than those comprised of one, two, or three dwelling units on one parcel. Authorized collection locations shall therefore include multiple-family dwellings of four or more units, mobile or manufactured homes in licensed manufactured home parks, commercial locations, and industrial locations. (C) License fee. The annual fee for the residential solid waste collection and disposal license shall be $100. The annual fee for a nonresidential solid waste collection and disposal license shall be $500. (Ord. 959, passed ) LICENSE APPLICATION; ISSUANCE AND RENEWAL. (A) Application for an initial license shall be made to the Village Clerk's office, and thereafter shall be referred to the President and Board of Trustees for approval. No such license shall be issued except on order of the President and Board of Trustees. (B) Application for each renewal license shall be made to the village by the first day in June of each calendar year. A renewal license may be approved and issued by the President, independent of the Board of Trustees, provided the licensee has duly completed the required application, given the information required, and paid the appropriate fee. (C) In the event that renewal has not been completed on or before July 1 of the license year, the license shall expire and the refuse collector shall be required to re-apply as an applicant for an initial license. (D) With each application for license or application for renewal license, each refuse collector shall file with the Village Clerk a complete list of its charges for multi-family, commercial, business, and industrial establishments that will be in effect during the license year. In addition, refuse collectors shall provide proof of general liability insurance coverage of at least $1,000,000 and bodily injury and property damage coverage of at least $100,000. (Ord. 959, passed ) VEHICLE REQUIREMENTS.

55 (A) Each licensee shall provide an adequate number of vehicles to assure regular collection of refuse. Every vehicle shall be kept in good repair and appearance, painted and maintained in a sanitary condition at all times, and shall be clearly marked with the name of the licensee. No vehicle shall leak fluids, oil, hydraulic fluids, or other materials. (B) Each vehicle shall also be watertight and equipped with airtight covers for such portions as are used for the transportation of garbage or similar refuse, so that offensive odors are not allowed to permeate the air and cause a nuisance within the village. (C) The village reserves the right to inspect any vehicles used for collection in the village in order to assure that each is maintained in satisfactory condition, and in the event that any vehicle is found in violation of this section, the licensee shall immediately provide a replacement and not return the offending vehicle to service until it has been properly repaired. (Ord. 959, passed ) DISPOSAL WITHIN VILLAGE LIMITS PROHIBITED. No refuse collector shall dispose of or store any refuse in any place within the village limits or within 1½ miles thereof, except with the permission of the President and Board of Trustees. (Ord. 959, passed ) Penalty, see COLLECTION REGULATIONS COLLECTION REQUIRED; METHOD. (A) Within the village, all owners and occupiers of residential structures of one, two, or three dwelling units, including mobile or manufactured homes on private lots, and mobile or manufactured homes in participating mobile home parks, shall provide for the collection and disposal of accumulations of refuse, recyclable material, or yard waste. Residential refuse and garbage shall be collected at regular intervals on collection days to be determined by the village and the company selected. The village and the company selected by it shall determine the point of collection and shall determine the hours of collection and shall distribute to all households notices or memoranda outlining the collections days, hours, and points of collection. (B) For single-family dwellings and multi-family dwellings of two or three units, and mobile or manufactured homes in participating mobile home parks, it shall be unlawful to dispose of any refuse or yard waste anywhere in the village except through repayment for the collection of the materials elsewhere within the village by taking those materials to a recycling drop-off location which agrees to accept same. (Ord. 959, passed ) Penalty, see COLLECTION SERVICES. (A) All single-family dwellings and multi-family dwellings comprised of three or less units (not in a complex of more than three total units), and all mobile or manufactured homes in participating mobile home parks, shall have trash picked up at curbside. (B) All containers shall be placed in a manner readily accessible for collection immediately behind the curb, at the street or at the alley lot line, as designated by the Board of Trustees. The empty containers shall be removed as soon as possible, but in no event later than 7:00 p.m. on the day of collection. (C) The routes and schedules for collection of refuse and recyclable materials shall be established by the licensee and approved by the Board of Trustees. The licensee shall notify the Board of Trustees of any proposed modifications to any routes at least 30 days prior to those changes taking effect. (Ord. 959, passed ) Penalty, see BILLING.

56 (A) The licensee will be responsible for all billing and collection of all trash pick-ups in the village. The company is to provide one 90-gallon wheeled can with an attached lid. Future cans would be charged to the customer. (B) Prepayment shall be required for the collection and disposal of furniture, appliances without freon, ranges, televisions, microwaves, dishwashers, washing machines, dryers, hot water heaters, automobile wheels, and rolls of carpeting, home remodeling, home construction and repair materials. (C) Prepayment shall be required for the collection and disposal of one disposal unit of appliances which contain freon, including window air conditioners, outside air conditioner units, refrigerators, freezers, and dehumidifiers. (D) Prepayment shall be required for the collection and disposal of one disposal unit of yard waste meaning grass clippings, garden clippings and leaves, twigs or branches not greater than three inches in diameter. (E) Prepayment shall be required for the collection and disposal of the contents of one yard waste toter, which is rented from the licensee. (Ord. 959, passed ) Penalty, see CONSTRUCTION DEBRIS. Home remodeling, construction, and\or repair materials which comprise more than two cubic yards by volume shall be disposed of by the property owner or occupant of the premises making arrangement with any company licensed by the village to provide nonresidential solid waste collection and disposal services. Any users of these services shall be by individual contract with the licensee and all costs shall be borne by the property owner or occupant as the case may be. (Ord. 959, passed ) Penalty, see COMMINGLING OF WASTES PROHIBITED. No material, other than designated recyclable materials, shall be placed in any recycling bin. No refuse or recyclable material shall be placed in any containers designated for compostable materials. No compostable material shall be placed in any container designated for refuse. (Ord. 959, passed ) Penalty, see RECYCLING BINS. All recycling bins shall be the property of the licensee or the resident, as approved by the licensee, shall be registered to the property on which the dwelling unit is located, and shall not be removed from the property without the written consent of the Board of Trustees. Should any property provided with residential collection services be sold, the recycling bin assigned to the property shall remain there and responsibility for it shall transfer to the new owner. (Ord. 959, passed ) Penalty, see CHAPTER 51: SEWERS Section General Provisions Definitions Use of public sewers required Private sewage disposal Protection of sewage works from damage Building Sewers and Connections Unauthorized use prohibited Classification of permits Installation expense

57 51.18 Separate connections required Conformance of construction Construction requirements Connection to be in conformance with certain standards Inspection Prevention of public hazard Use of Public Sewers Unpolluted drainage Discharge prohibitions Industrial cost recovery Actions of Village Board Grease, oil, and sand interceptors Maintenance of treatment facilities Control manhole required Laboratory tests and analyses Special agreements Wastewater Service Charges Basis for charges Measurement of flow Billing Procedures Bills and payment Delinquency; disconnection Disconnection for late payment Foreclosure of lien Revenues System of accounts; access Public access to rates Powers and Authority of Inspectors; Violations Access granted to inspectors Non-liability of facility Violations Appendix: Applications for sewer permits GENERAL PROVISIONS DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADMINISTRATOR. The Administrator of the U. S. Environmental Protection Agency. APPROVING AUTHORITY. The Village Board of Trustees, or its duly approved representative. BASIC USER CHARGE. The basic assessment levied on all users of the public sewer system. BOD or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 C, expressed in milligrams per liter. BUILDING DRAIN. That part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys

58 it to the building sewer or other approved point of discharge, beginning five feet (1.5 meters) outside the inner face of the building wall. CONTROL MANHOLE. A structure located on a site from which industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a CONTROL MANHOLE is to provide access for the village representative to sample and/or measure discharges. DEBT SERVICE CHARGE. The amount to be paid each billing period for payment of interest, principal and coverage of loan, bond, and the like outstanding, and shall be computed by dividing the annual debt service by the number of users connected to the wastewater facilities. DIRECTOR. The Director of the Illinois Environmental Protection Agency. EASEMENT. An acquired legal right for the specific use of land owned by others. EFFLUENT CRITERIA are defined in any applicable NPDES permit. FEDERAL ACT. The Federal Water Pollution Control Act (33 USC 1251 et seq.) as amended by the Federal Water Pollution Control Act of Amendments of 1972 (Pub. L and Pub. L ). FEDERAL GRANT. The U.S. government participation in the financing of the construction of treatment works as provided for by Title II, Grants for Construction of Treatment Works of the Act and implementing regulations. FLOATABLE OIL. Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system. GARBAGE. Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce. GARBAGE, PROPERLY SHREDDED. The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½-inch (1.27 centimeters) in any dimension. INDUSTRIAL WASTE. Any solid, liquid, or gaseous substance discharged, permitted to flow, or escaping from any industrial, manufacturing, commercial, or business establishment or process or from the development, recovery, or processing of any natural resource as distinct from sanitary sewage. MAJOR CONTRIBUTING INDUSTRY. An industrial user of the publicly-owned treatment works characterized by any of the following: (1) A flow of 50,000 gallons or more per average work day; (2) A flow greater than 10% of the flow carried by the municipal system receiving the waste; (3) A user who has, in its waste, a toxic pollutant in toxic amounts as defined in standards issued under section 307(a) of the Federal Act (33 USC 1317(a)); or (4) A user who is found by the permit issuance authority, in connection with the issuance of the NPDES permit to the publicly-owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works. MAY is discretionary.

59 MILLIGRAMS PER LITER. A unit of the concentration of water or wastewater constituent. It is g of the constituent in 1,000 ml of water. It has replaced the unit formerly used commonly, parts per million, to which it is approximately equivalent, in reporting the results of water and wastewater analysis. NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater. NPDES PERMIT. Any permit or equivalent document or requirements issued by the Administrator, or, where appropriate by the Director, after enactment of the Federal Water Pollution Control Amendments of 1972, to regulate the discharge of pollutants pursuant to section 402 of the Federal Act (33 USC 1342). PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal, or private corporation, association, society, institution, enterprise, governmental agency, or other entity. ph. The logarithm (base 10) of the reciprocal of the hydrogen-ion concentration expressed by one of the procedures outlined in Standard Methods. POPULATION EQUIVALENT. A term used to evaluate the impact of industrial or other waste on a treatment works or stream. One POPULATION EQUIVALENT is 100 gallons of sewage per day, containing 0.22 pounds of BOD and 0.25 pounds of suspended solids. ppm. Parts per million by weight. PRETREATMENT. The treatment of wastewaters from sources before introduction into the wastewater treatment works. REPLACEMENT. Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which the works were designed and constructed. The term operation and maintenance includes REPLACEMENT. SEWAGE is used interchangeably with wastewater. SEWER. A pipe or conduit for conveying sewage or any other waste liquids, including storm, surface, and groundwater drainage. (1) BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. (2) COMBINED SEWER. A sewer which is designed and intended to receive wastewater, storm, surface, and groundwater drainage. (3) PUBLIC SEWER. A sewer provided by or subject to the jurisdiction of the village. It shall also include sewers within or outside the village boundaries that serve one or more persons and ultimately discharge into the village sanitary (or combined sewer system), even though those sewers may not have been constructed with village funds. (4) SANITARY SEWER. A sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface, and groundwaters or unpolluted industrial wastes are not intentionally admitted. (5) STORM SEWER. A sewer that carries storm, surface, and groundwater drainage but excludes sewage and industrial wastes other than unpolluted cooling water. SEWERAGE. The system of sewers and appurtenances for the collection, transportation, and pumping of sewage. SEWERAGE FUND. The principal accounting designation for all revenues received in the operation of the sewerage system. SHALL is mandatory.

60 SLUG. Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes, more than five times the average 24-hour concentration of flows during normal operation. STANDARD METHODS. The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. STATE ACT. The Illinois Anti-Pollution Bond Act of 1970, ILCS Ch. 225, Act 225, 1 et seq. STATE GRANT. The State of Illinois participation in the financing of the construction of treatment works as provided for by the Illinois Anti-Pollution Bond Act and for making such grants as filed with the Secretary of State of the State of Illinois. STORMWATER RUNOFF. That portion of the precipitation that is drained into the sewers. SURCHARGE. The assessment in addition to the basic user charge and debt service charge which is levied on those persons whose wastes are greater in strength than the concentration values established in SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in water, sewage, or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in Standard Methods. UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided. USEFUL LIFE. The estimated period during which the collection system and/or treatment works will be operated and shall be 20 years from the date of start-up of any wastewater facilities constructed with a state grant. USER CHARGE. A charge levied on users of treatment works for the cost of operation and maintenance. USER CLASS. The type of user either residential or commercial (non-industrial) or industrial as defined herein. (1) RESIDENTIAL OR COMMERCIAL or NON-INDUSTRIAL USER. Any user of the treatment works not classified as an industrial user or excluded as an industrial user as provided for in this section. (2) INDUSTRIAL USER. Any non-governmental user of publicly-owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions. A user in the divisions listed may be excluded if it is determined by the Board of Trustees that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences: (a) Division A--Agriculture, Forestry, and Fishing; (b) Division B--Mining; (c) Division I--Services; (d) Division E--Transportation, Communications, Electric, Gas and Sanitary Services; and (e) Division D--Manufacturing. VILLAGE. The Village of Cahokia.

61 WASTEWATER. The spent water of a community. From this standpoint of course, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present. WASTEWATER FACILITIES. The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and transport effluent to a watercourse. WASTEWATER SERVICE CHARGE. The charge per quarter or month levied on all users of the wastewater facilities. The service charge shall be computer as outlined in WASTEWATER TREATMENT WORKS. An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes synonymous with waste treatment plant, wastewater treatment plant, or pollution control plant. WATER QUALITY STANDARDS are defined in the Water Pollution Regulations of Illinois. WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 769, passed ) USE OF PUBLIC SEWERS REQUIRED. (A) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the village or in any area under the jurisdiction of the village, any human or animal excrement, garbage, or other objectionable waste. (B) It shall be unlawful to discharge to any natural outlet within the village, or in any area under the jurisdiction of the village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (C) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (D) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the village and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located any public sanitary (or combined) sewer of the village, is hereby required at his expense to install suitable toilet facilities therein, and to connect the facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so, provided that the public sewer is within 250 feet (76.2 meters) of the property line. (Ord. 769, passed ) Penalty, see PRIVATE SEWAGE DISPOSAL. (A) Where a public sanitary (or combined) sewer is not available under the provisions of 51.02(D), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section. (B) Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Village Board. The application for such permit shall be made on a form furnished by the village, (see Appendix) which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Village Board. A permit and inspection fee (missing material) shall be paid to the village at the time the application is filed. (C) A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Village Board. The Board shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall

62 notify the Village Board when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of written notice by the Village Board. (D) The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State of Illinois Private Sewage Disposal Licensing Act and Code and with the State of Illinois Environmental Protection Agency. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 15,000 square feet (1393 square meters). No septic tank or cesspool shall be permitted to discharge to any natural outlet. (E) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in 51.02(D), a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (F) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, and at no expense to the village. (G) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Department of Public Health. (H) When a public sewer becomes available, the building sewer shall be connected to the sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. (Ord. 769, passed ) Penalty, see Cross-reference: Private sewage code, see Sewer/catch basin, see PROTECTION OF SEWAGE WORKS FROM DAMAGE. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. 769, passed ) Penalty, see BUILDING SEWERS AND CONNECTIONS UNAUTHORIZED USE PROHIBITED. (A) No unauthorized person shall uncover, make any connections with, or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Village Board. (B) All disposal by any person into the sewer system is unlawful except those discharges in compliance with Federal Standards promulgated pursuant to the Federal Act and more stringent state and local standards. (Ord. 769, passed ) Penalty, see CLASSIFICATION OF PERMITS. (A) There shall be two classes of building sewer permits: for residential and commercial service, and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the village (see Appendix ). The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Village Board. A permit and connection fee of $250 for a residential or commercial building sewer permit shall be paid to the village at the time the

63 application is filed. The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics, and type of activity. (B) A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including sewers, pump stations, and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load. (Ord. 769, passed ) INSTALLATION EXPENSE. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 769, passed ) Penalty, see SEPARATE CONNECTIONS REQUIRED. (A) A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot, and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building, and the whole considered as one building sewer. (B) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Village Board, to meet all requirements of this chapter. (Ord. 769, passed ) Penalty, see CONFORMANCE OF CONSTRUCTION. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the village. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois shall apply. (Ord. 769, passed ) Penalty, see CONSTRUCTION REQUIREMENTS. (A) The following materials and construction methods, and none other, shall be used in the building of sewers and connections to the public sanitary sewer system: (1) All pipe shall be one of the following: Cast iron soil pipe conforming to the ASTM standard specification A-74-62; asbestos-cement building sewer pipe conforming to the specifications of Johns-Manville TRANSITE asbestos-cement building sewer pipe and the UPC MC 1-58 WPOA; or vitrified glazed clay sewer pipe conforming to ASTM standard specifications C-13 or C-261, with compression-type coupling designated as ASTM C T as PVC (Polyvinyl Chloride) joint coupling; or virgin unplasticized PVC (Polyvinyl Chloride) pipe. PVC pipe sizes 4 inches to 12 inches shall meet or exceed all of the requirements of ASTM specifications D and shall have the following minimum inside diameters: (a) 4 inches inches; (b) 6 inches inches; (c) 8 inches inches; (d) 10 inches inches; and (e) 12 inches inches;

64 (2) Fifteen-inch PVC shall have a minimum inside diameter of inches and a wall thickness of inches; (3) Standard lengths of PVC pipe shall be 12.5 feet and 20 feet; (4) Jointing of PVC pipe shall be accomplished by using an integral bell containing a rubber ring; (5) Fittings for PVC pipe shall be as furnished by the pipe supplier and shall be of the same material as the pipe; and (6) The size of all pipes shall not be less than four inches in diameter for single dwelling, and not less than six inches in diameter for a commercial building or a multiple dwelling. No single length of pipe shall exceed 20 feet in length at any time. (B) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by the building drain shall be lifted by a means which is approved in accordance with 51.15(B), and discharges to the building sewer. (C) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sewer. (Ord. 769, passed ) Penalty, see CONNECTION TO BE IN CONFORMANCE WITH CERTAIN STANDARDS. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the village, or the procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9, and Standard Specifications for Water and Sewer Main Construction in Illinois. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Village Board before installation. (Ord. 769, passed ) Penalty, see INSPECTION. The applicant for the building sewer permit shall notify the Village Board when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Village Board or his representative. (Ord. 769, passed ) Penalty, see PREVENTION OF PUBLIC HAZARD. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the village. (Ord. 769, passed ) Penalty, see USE OF PUBLIC SEWERS UNPOLLUTED DRAINAGE. (A) No person shall discharge, or cause to be discharged, any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

65 (B) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Village Board. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Village Board, to a storm sewer, combined sewer, or natural outlet. (Ord. 769, passed ) Penalty, see DISCHARGE PROHIBITIONS. (A) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas; (2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant; (3) Any waters or wastes having a ph lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works; or (4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders. (B) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Village Board that such wastes can harm either the sewers, sewage treatment process or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the Village Board will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and maximum limits established by regulatory agencies. The substances prohibited are as follows: (1) Any liquid or vapor having a temperature higher than 150 F (65 C); (2) Any waters or wastes containing toxic or poisonous material; oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 F and 150 F (0 C and 65 C); (3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of ¾horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Village Board; (4) Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solutions whether neutralized or not; (5) Any waters or wastes containing iron, chromium, copper, zinc, or similar objectionable or toxic substances; wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Village Board for such materials;

66 (6) Any waters or wastes containing phenols or other taste or odor-producing substances, in concentrations exceeding limits which may be established by the Village Board as necessary after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters; (7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Village Board in compliance with applicable state or federal regulations; (8) Any waters or wastes having a ph in excess of 9.5; (9) Any mercury or any of its compounds in excess of mg/l as Hg at any time except as permitted by the Village Board in compliance with applicable state and federal regulations; (10) Any cyanide in excess of mg/l at any time except as permitted by the Village Board in compliance with applicable state and federal regulations; (11) Materials which exert or cause the following: (a) Unusual concentrations of inert suspended solids (such as, but not limited to, fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate); (b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions); (c) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works; or (d) Unusual volume of flow or concentrations of wastes constituting "slugs" as defined herein; (12) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters. (Ord. 769, passed ) Penalty, see INDUSTRIAL COST RECOVERY. No industrial user may discharge sewage into any public sewer until the village has adopted an industrial cost recovery system which does the following: (A) Meets the requirements of Section 204 (b) (1) (B) of the Federal Water Pollution Control Act Amendments of 1972 (33 USC 1284(b)(1)(B)) and applicable federal regulations; and (B) Has been approved by the Agency in accordance with the conditions of any grant made to the village by the United States Environmental Protection Agency or by the State of Illinois for the construction of any part of the sewer system or sewage treatment works of the village. (Ord. 769, passed ) Penalty, see ACTIONS OF VILLAGE BOARD. (A) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in 51.36(B), and/or which are in violation of the standards for pretreatment provided in Chapter 1, EPA Rules and Regulations, subchapter D, Water Programs Part Pretreatment, Standards, Federal Register Volume 38, No. 215, Thursday, November 8, 1973 and any amendments thereto, and which in the judgment of the Village Board may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Village Board may do the following: (1) Reject the wastes;

67 (2) Require pretreatment to an acceptable condition for discharge to the public sewers; (3) Require control over the quantities and rates of discharge; and (4) Require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges, under the provisions of 51.42(B). (B) If the Village Board permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Village Board, and subject to the requirements of all applicable codes, ordinances, and laws. (Ord. 769, passed ) GREASE, OIL, AND SAND INTERCEPTORS. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Village Board, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that the interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Village Board, and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 769, passed ) Penalty, see MAINTENANCE OF TREATMENT FACILITIES. Where preliminary treatment or flow-equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. 769, passed ) Penalty, see CONTROL MANHOLE REQUIRED. Each industry shall be required to install a control manhole and, when required by the Village Board, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. The manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Village Board. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 769, passed ) Penalty, see LABORATORY TESTS AND ANALYSES. (A) The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests, and analyses of waters and wastes to illustrate compliance with this chapter and any special conditions for discharge established by the village or regulatory agencies having jurisdiction over the discharge. (B) The number, type, and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the village, but no less than once per year the industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with the federal, state, and local standards are being met. The owner shall report the results of measurements and laboratory analyses to the village at such times and in such manner as prescribed by the village. The owner shall bear the expense of all measurements, analyses, and reporting required by the village. At such times as deemed necessary, the village reserves the right to take measurements and samples for analysis by an outside laboratory service. (C) All measurements, test, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon

68 suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. [The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas ph's are determined from periodic grab samples.] (Ord. 769, passed ) Penalty, see SPECIAL AGREEMENTS. No statement contained in this subchapter shall be construed as preventing any special agreement or arrangement between the village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the village for treatment, subject to payment therefore, in accordance with through hereof, by the industrial concern, provided payments are in accordance with federal and state guidelines for user charge system and industrial cost recovery system. (Ord. 769, passed ) WASTEWATER SERVICE CHARGES BASIS FOR CHARGES. (A) Basis for wastewater service charges. (1) The wastewater service charge for the use of and for service supplied by the wastewater facilities of the village shall consist of a basic user charge for operation and maintenance plus replacement, a debt service charge, and a surcharge, if applicable. (2) The debt service charge shall be computed by dividing the annual debt service of all outstanding bonds by the number of users. Through further divisions, the monthly and quarterly debt service charges can be computed. (3) The basic user charge shall be based on water usage as recorded by water meters and/or sewage meters for wastes having the following normal concentrations. (a) A five day, 20 C biochemical oxygen demand (BOD) of 260 mg/l. (b) A suspended solids (SS) content of 300 mg/l. (4) The basic user charge shall consist of operation and maintenance costs plus replacement and shall be computed as follows: (a) Estimate the projected annual revenue required to operate and maintain the wastewater facilities including a replacement fund for the year, for all works categories; (b) Proportion the estimated costs to wastewater facility categories by volume, suspended solids, and BOD, if possible; (c) Estimate wastewater volume, pounds of SS, and pounds of BOD to be treated; (d) Proportion the estimated costs to non-industrial and industrial users by volume, suspended solids, and BOD, if applicable; (e) Compute costs per 1000 gallons for normal sewage strength; and (f) Compute surcharge costs per 1000 gallons per mg/l in excess of normal sewage strength for BOD and SS, if applicable. (5) A surcharge may be levied to all users whose waters exceed the normal concentrations for BOD (260 mg/l) and SS (300 mg/l). The surcharge will be based on water usage as recorded

69 by water meters and/or sewage meters for all wastes which exceed the 260 mg/l and 300 mg/l concentration for BOD and SS respectively. (6) The adequacy of the wastewater service charge shall be reviewed annually by certified public accountants for the village in their annual audit report. The wastewater service charge shall be revised periodically to reflect a change in debt service or a change in operation and maintenance costs including replacement costs. (B) Debt service charge. A debt service charge of $2.75 per user per month is hereby established. The debt service charge is included in the user rate shown in (Ord. 769, passed ) MEASUREMENT OF FLOW. The volume of flow used for computing basic user charges and surcharges shall be the metered water consumption read to the lowest even increments of 1000/Y gallons. (A) If the person discharging wastes into the public sewers procures any part, or all, of his water from sources other than the public waterworks system, all or a part of which is discharged into the public sewers, the person shall install and maintain, at his expense, water meters of a type approved by the Village Board for the purpose of determining the volume of water obtained from these other sources. (B) Devices for measuring the volume of waste discharged may be required by the Village Board if these volumes cannot otherwise be determined from the metered water consumption records. (C) Metering devices for determining the volume of waste shall be installed, owned, and maintained by the person. Following approval and installation, such meters may not be removed, unless service is canceled, without the consent of the Village Board. (Ord. 769, passed ) Penalty, see BILLING PROCEDURES BILLS AND PAYMENT. (A) The rates or charges for service shall be payable monthly depending on the classification of service for which bills are rendered. The owner of the premises, the occupant thereof, and the user of the service shall be jointly and severally liable to pay for the service to the premises and the service is furnished to the premised by the village only upon the condition that the owner of the premises, occupant, and user of the services are jointly and severally liable therefor to the village. (B) Rates and charges shall be made and collected against each lot parcel of land or premises situated in the village which may actively discharge sewage or industrial waste, either directly or indirectly into the sewerage system. (C) Bills for the rates and charges herein established for water and sewer charges shall be made out by the village and shall be sent out monthly and/or bimonthly. The bills shall be payable following the rendition of the bills by the due date. All bills shall be payable at the appropriate office in the Village Hall. (Ord. 769, passed ) DELINQUENCY; DISCONNECTION. (A) If any charge for the services of the water or sewerage system shall not be paid by the due date on which it shall become due and payable, a delayed payment charge of 10% shall be added and collected. If the rates and charges for the use and services of the water or sewerage system are not paid within 30 days after the rendition of the bill therefor, the rates and charges shall be deemed and are hereby declared to be delinquent and shall thereafter constitute a lien upon the

70 real estate for which water or sewerage services are furnished. The Village Treasurer shall promptly, after the expiration of 30 days, file a notice of the lien in the office of the Recorder of Deeds of St. Clair County. This notice shall consists of a sworn statement of the Treasurer setting out the following provisions: (1) A description of the real estate sufficient for the identification thereof; (2) The amount of money due for the use and services of the water or sewerage system; and (3) The date when the amount became delinquent. (B) The village may also, if practical, disconnect the water or sewerage connections from the premises pursuant to the provisions of 51.72; and the same shall not be again connected or used until all delinquent accounts, bills, or services are paid in full, including all fees as provided in (Ord. 769, passed ) DISCONNECTION FOR LATE PAYMENT. (A) It is the policy of the village to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The village's form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect: (1) That all bills are due and payable on or before the date set forth on the bill; and (2) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and (3) That any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his complaint and contentions to the village official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint. (B) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days. (C) When it becomes necessary for the village to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in the sum of $ FORECLOSURE OF LIEN. Property subject to a lien for unpaid charges shall be sold for non-payment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Foreclosure shall be by bill-in-equity in the name of the village. The Village Attorney is hereby authorized and directed to institute proceedings in the name of the village in any court having jurisdiction over the matters against any property for which the bill has remained unpaid 45 days in the case of a monthly bill. (Ord. 769, passed ) REVENUES. All revenues and moneys derived from the operation of the sewerage system shall be deposited in the sewerage account of the sewerage fund. All revenues and monies shall be held by the

71 Village Treasurer separate and apart from his private funds and separate and apart from all other funds of the village and all of that sum, without any deductions whatever, shall be delivered to the Village Treasurer not more than ten days after receipt of the same, or at more frequent intervals as may from time to time be directed by the President and Board of Trustees. The Village Treasurer shall receive all revenues from the sewerage system and all other funds and moneys incident to the operation of the system as the same may be delivered to him and deposit the same in the account of the fund designated as the Sewerage Fund of the village. The Treasurer shall administer the fund in every respect in the manner provided by statute of the Illinois Municipal Code, ILCS Ch. 65, Act 5. (Ord. 769, passed ) SYSTEM OF ACCOUNTS; ACCESS. (A) Accounts. (1) The Village Treasurer shall establish a proper system of accounts and shall keep proper books, records, and accounts in which complete and correct entries shall be made of all transactions relative to the sewerage system, and at regular annual intervals he shall cause to be made an audit of the books by an independent auditing concern to show the receipts and disbursements of the sewerage system. (2) It is the duty of the Village Treasurer to prepare or cause to be prepared a complete and accurate list of all premises and properties receiving water service, sewerage service or both water and sewerage services that are served by the water and sewerage system, showing the name and address of the occupant, and the owner of the same. The list shall be kept up to date and shall be corrected from time to time to allow changes in the occupancy or ownership of any property or premises. (3) In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the wastewater facilities, including a replacement cost. In this regard, the financial information to be shown in the audit report shall include the following information: (a) Flow data showing total gallons received at the wastewater plant for the current fiscal year; (b) Billing data to show total number of gallons billed; (c) Debt service for the next succeeding fiscal year; (d) Number of users connected to the system; and (e) Number of non-metered users. (B) Access to records. The Illinois Environmental Protection Agency or its authorized representative shall have access to any books, documents, papers and records of the village which are applicable to the village system of user charges for the purpose of making audit, examination, excerpts, and transcriptions thereof to insure compliance with the terms of the special and general conditions to any state grant. (Ord. 769, passed ) PUBLIC ACCESS TO RATES. A copy of this subchapter, properly certified by the Village Treasurer, shall be filed in the office of the Recorder of Deeds of St. Clair County and shall be deemed notice to all owners of real estate of the charges of the sewerage system of the village on their properties. (Ord. 769, passed ) POWERS AND AUTHORITY OF INSPECTORS; VIOLATIONS ACCESS GRANTED TO INSPECTORS.

72 (A) The Village Board and other duly authorized employees of the village, the Illinois Environmental Protection Agency, and the U.S. Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The Village Board or its representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterway or facilities for waste treatment. (B) The Village Board and other duly authorized employees of the village bearing proper credentials and identification shall be permitted to enter all private properties through which the village holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 769, passed ) Penalty, see NON-LIABILITY OF FACILITY. While performing the necessary work on private properties referred to in 51.85, the Village Board or duly authorized employees of the village, the Illinois Environmental Protection Agency, and the U.S. Environmental Protection Agency shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the village employees, and the village shall indemnify the company against loss or damage to its property by village employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as may be caused by negligence or failure of the company to maintain safe conditions as required in (Ord. 769, passed ) VIOLATIONS. (A) Any person found to be violating any provision of this chapter except shall be served by the village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations. The village may revoke any permit for sewage disposal as a result of any violation of any provision of this chapter. (B) Any person violating any of the provisions of this chapter shall become liable to the village by reason of the violation. (Ord. 769, passed ) APPENDIX: APPLICATIONS FOR SEWER PERMITS RESIDENTIAL OR COMMERCIAL BUILDING SEWER APPLICATION To the Village of Cahokia: (A) THE UNDERSIGNED, being the of the property located at (Owner, Owner's Agent) DOES HEREBY REQUEST a permit to install and connect a building sewer Number Street to serve the at said location. (Residence, Commercial Building)

73 1. The following indicated fixtures will be connected to the proposed building sewer: Number Fixtures Number Fixtures Kitchen Sinks Water Closets Lavatories Bath Tubs Laundry Tubs Showers Urinals Garbage Grinders Specify other fixtures 2. The maximum number of persons who will use the above fixtures is 3. The name and address of the person or firm who will perform the proposed work is 4. Plans and specifications for the proposed building sewer are attached hereunto as Exhibit "A". (B) In consideration of the granting of this permit, THE UNDERSIGNED AGREES: 1. To accept and abide by all provisions of the Village Code of the Village of Cahokia and of all other pertinent ordinances or regulations that may be adopted in the future. 2. To maintain the building sewer at no expense to the Village. 3. To notify the when the building sewer is ready for inspection (Approving Authority) and connection to the public sewer, but before any portion of the work is covered. DATE: (Applicant) (Address of Applicant) (Certification by Village Treasurer) $ connection fee paid. $ inspection fee paid. Application approved and permit issued: DATE: (Approving Authority) 4. To notify the immediately in event of any accident, (Approving Authority) negligence, or other occurrence that occasions discharge to the public sewers of any wastes or process waters not covered by this permit. DATE: (Applicant) (Address of Applicant) (Certification of Village Treasurer) $ connection fee paid. $ inspection fee paid. Application approved and permit granted: DATE: (Approving Authority) (Ord. 769, passed )

74 CHAPTER 52: WATER AND SEWER RATES; WATER SUPPLY Section Water Service Rates Water rates Deposit required Meter required Automatic sprinkler systems New connections; charges Fire hydrants No free service Contracts with high-volume users Delinquency Tampering with meters Sewer Service Rates Sewer rates Deposit required Billing and Administration Billing periods; responsibility Delinquency Disconnection for late payment Village records Revenues; accounts Connection charges Declaration of nuisance Penalty WATER SERVICE RATES WATER RATES. Rates are fixed for water supplied by the waterworks system as follows. All water sold to all users must be metered and the charge for water supplied through meters shall be fixed as follows: (A) All customers using less than 100,000 gallons of water per month: 0 to 2,000 gallons, minimum charges $ Next 3,000 gallons, per 100 gallons $ Next 5,000 gallons, per 100 gallons $ Next 10,000 gallons, per 100 gallons $ Next 20,000 gallons, per 100 gallons $ Next 60,000 gallons, per 100 gallons $ (B) All customers using 100,000 gallons or more per month: (1) First 100,000 gallons, minimum charge $268.40; and (2) Over 100,000 gallons, per 1,000 gallons $2.20. (Ord. 558, passed 179; Am. Ord. 903, passed ; Am. Ord. 936, passed 4-7-; Am. Ord. 961, passed ) DEPOSIT REQUIRED. (A) A deposit of $25 shall be collected from each residential consumer before water service is rendered. Deposits of property owners will be refunded after three years, provided that the property owners shall have established a prompt payment record for three years.

75 (B) For all business customers, a deposit of $25 shall be collected before service is rendered. (C) Special classifications (contractors and the like) may require an additional deposit based on estimated consumption. It will be the responsibility of the manager to set the deposit as may be necessary. (D) All deposits (except property owners) will be refunded upon termination of services and payment in full of all charges. (Ord. 558, passed 179) Penalty, see METER REQUIRED. All water service shall be furnished upon a metered basis, except automatic sprinkler systems, which shall be upon a flat rate or rental basis as is provided in 52.04, and that a separate meter shall be installed for each dwelling, business establishment, or property served with water. (Ord. 558, passed 179) AUTOMATIC SPRINKLER SYSTEMS. The charge for service rendered by the water system to each automatic sprinkler system (including the water consumed in the proper use of the system, without additional charge therefor), shall be at the rate of $5.35 per month, for up to 100 sprinkler heads, plus an additional monthly charge of $0.15 for each head in excess of 100. The charge or rental shall be due and payable at the end of each month during which automatic sprinkler service has been available or has been rendered. (Ord. 558, passed 179) NEW CONNECTIONS; CHARGES. (A) Any person, persons, or corporations desiring water service in any area within the village where lines are not constructed will make application for service and shall submit with the application plans showing proposed extension, and the proposed extension, when approved by the Village Board, shall be constructed in accordance with specifications on file in the office of the village. All costs of construction shall be paid in full by the applicant, and title thereto shall be vested in the village, and the village shall operate and maintain the services and extensions. (B) The following charges shall be made for each new service connection constructed by the village on established mains. The charges shall be paid with application for services and is not refundable. TAP FEES: Water Tap 4" (same side street) $ Water Tap 6" (same side street) $ Water Tap 4" (opposite side street) $ Water Tap 6" (opposite side street) $ (Ord. 558, passed 179; Am. Ord. 1060, passed ) FIRE HYDRANTS. A charge of $30 per year shall be made for each active fire hydrant in the village. (Ord. 558, passed 179) NO FREE SERVICE.

76 No water service shall be furnished or rendered free of charge to any person firm, corporation, or to the village. (Ord. 558, passed 179) CONTRACTS WITH HIGH-VOLUME USERS. The Board of Trustees is authorized to enter into individual contracts with any customer normally using in excess of 100,00 gallons of water per month for the furnishing of the services and facilities of the system at rates and with minimum bills and terms as may be mutually agreed upon, provided, however, that in no event shall the rate per 1,000 gallons, or fraction thereof be less than $0.90 and that no preferential rates shall be given users of the same class. (Ord. 558, passed 179) DELINQUENCY. (A) If any bill for water service shall be and remain due and unpaid on or after the due date of the month following the month in which service was rendered, an additional charge of 10% thereof shall be added thereto. (B) If any bill for water service shall be and remain unpaid after the due date of the second month following the month in which services were rendered, services to the customer shall be discontinued and shall not be reconnected until all past due bills are paid in full, together with a reconnection charge as specified in (Ord. 558, passed 179) TAMPERING WITH METERS. It shall be a misdemeanor for any person or persons to tamper with or damage any water main or water service or change any water meter, or to make any connection to the waterworks system without written permission from the village, or to reconnect service when it has been disconnected for nonpayment of a bill for service, until the bill has been paid in full, including the reconnection fee and the following fees: Recheck shut-offs tampering $50.00 Broken lock $25.00 Removal of jumper $50.00 Broken shut-off $50.00 Stolen meter $50.00 (Ord. 558, passed 179; Am. Ord. 1060, passed ) Penalty, see SEWER SERVICE RATES SEWER RATES. The following rates and charges for the use and services of the sewerage system are as follows. These rates and charges shall be made and collected against each lot parcel of land or premises situated in the village which may actively discharge sewage or industrial waste, either directly or indirectly into the sewerage system. (A) Thereafter for a 12-month period. Monthly Rate (1) Residential and/or each dwelling unit and churches. $12.00

77 (2) Commercial and institutional accounts. (a) Water usage (gallons per month) 0 to 7,500 $ ,501 to 15,000 $ ,001 to 50,000 $ ,001 to 100,000 $ ,001 to 150,000 $ ,001 to 200,000 $ ,001 to 250,000 $ ,001 to 300,000 $ (b) Over 300,000 gallons water usage per month shall be billed an additional $61 per month for each 100,000 gallons of usage or fraction thereof. (B) Thereafter for a 12-month period. Monthly Rate (1) Residential and/or each dwelling unit and churches. $13.00 (2) Commercial and institutional accounts. (a) Water usage (gallons per month) 0 to 7,500 $ ,501 to 15,000 $ ,001 to 50,000 $ ,001 to 100,000 $ ,001 to 150,000 $ ,001 to 200,000 $ ,001 to 250,000 $ ,001 to 300,000 $ (b) Over 300,000 gallons water usage per month shall be billed an additional $61 per month for each 100,000 gallons of usage or fraction thereof. (C) Thereafter for a 12-month period. Monthly Rate (1) Residential and/or each dwelling unit and churches. $14.00 (2) Commercial and institutional accounts. (a) Water usage (gallons per month) 0 to 7,500 $ ,501 to 15,000 $ ,001 to 50,000 $ ,001 to 100,000 $ ,001 to 150,000 $ ,001 to 200,000 $ ,001 to 250,000 $ ,001 to 300,000 $ (b) Over 300,000 gallons water usage per month shall be billed an additional $61 per month for each 100,000 gallons of usage or fraction thereof.

78 (Ord. 558, passed 179; Am. Ord. 807, passed ; Am. Ord. 843, passed ; Am. Ord. 969, passed ) DEPOSIT REQUIRED. All sewer users shall pay a $50 deposit which shall be refunded upon discontinuance of sewer use. (Ord. 558, passed 179; Am. Ord. 923, passed 4-7-) Penalty, see BILLING AND ADMINISTRATION BILLING PERIODS; RESPONSIBILITY. (A) Bills for the rates and charges herein established for water and sewer charges shall be made out by the village and shall be sent out monthly and or bi-monthly. The bills shall be payable following the rendition of the bills by the due date. All bills shall be payable at the appropriate office in the Village Hall. (B) The owner of any lot, parcel of land or premises receiving the services of the sewerage extensions, the occupant of the premises and the user of the services shall be jointly and severally liable for the payment of services to the lot, parcel of land or premises. All services are rendered to the premises by the village only on the condition that the owner, occupant and user shall jointly and severally liable therefor to the village. (Ord. 558, passed 179) DELINQUENCY. (A) If any charge for the services of the water or sewerage system shall not be paid by the due date on which it shall become due and payable, a delayed payment charge of 10% shall be added and collected. If the rates and charges for the use and services of the water or sewerage system are not paid within 30 days after the rendition of the bill therefor, the rates and charges shall be declared to be delinquent and shall thereafter constitute a lien upon the real estate for which water or sewerage services are furnished. The Village Treasurer shall promptly, after the expiration of 30 days, file a notice of the lien in the Office of the Recorder of Deeds of St. Clair County. This notice shall consist of a sworn statement of the Treasurer setting out the following information: (1) A description of the real estate sufficient for the identification thereof; (2) The amount due for the use and services of the water or sewerage system; and (3) The date when the amount became delinquent. (B) The village may also, if practical, disconnect the water or sewerage connections from the premises pursuant to the provisions of 52.37; and the same shall not be again connected or used until all delinquent accounts, bills or services are paid in full, including all fees as provided in (C) A fee of $30 shall be added for bad checks written as payment for water and/or sewage connection service, deposit and/or payments. (Ord. 558, passed 179; Am. Ord. 1060, passed DISCONNECTION FOR LATE PAYMENT. (A) It is the policy of the village to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The village's form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect: (1) That all bills are due and payable on or before the date set forth on the bill; and

79 (2) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and (3) That any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his complaint and contentions to the village official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint. (B) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days. (C) When it becomes necessary for the village to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge of $20 for water area reconnection and $40 for sewer area reconnection. (Am. Ord. 1060, passed ) VILLAGE RECORDS. It is the duty of the Village Treasurer to prepare or cause to be prepared a complete and accurate list of all premises and properties receiving water service, sewerage service or both water and sewerage services that are served by the water and sewerage system, showing the name and address of the occupant, and the owner of the same. The list shall be kept up to date and shall be corrected from time to time to allow changes in the occupancy or ownership of any property or premises. (Ord. 558, passed 179) Penalty, see REVENUES; ACCOUNTS. (A) All revenues derived from the operation of the water and sewerage system shall be set aside as collected and shall be remitted to the Village Treasurer. All revenues shall, by the Village Treasurer, be set aside as collected and deposited in a special fund as provided by the ordinances of the village, relating to the issuance of revenue bonds, and shall be held, handled and disbursed in accordance with the terms of those ordinances. (B) The Village Treasurer shall install and maintain a proper system of accounts and records, separate and apart from all other accounts and records, showing the amount of revenues received from the water and sewerage system and the application for all such revenues and all financial transactions in connection therewith. The accounts shall be kept and an annual audit thereof shall be made in accordance with the provisions of all ordinances relating to the issuance of the revenue bonds of the village heretofore passed. (Ord. 558, passed 179) CONNECTION CHARGES. A connection charge for the privilege of using the sewer system shall be made for each sewer connection serving an individual residence, and this connection charge is hereby set at $250 for all users that have access to the sewers as outlined in the plans and specifications approved by the State of Illinois Water Sanitary Board; provided that in multiple units, the connection fee shall be $250. All future users of the sewerage system and who presently do not have access to

80 the sewerage system as outlined in the plans and specifications approved by the State of Illinois Sanitary Water Board shall pay for all extensions made to the sewerage system. (Ord. 558, passed 179; Am. Ord. 627, passed ) Penalty, see DECLARATION OF NUISANCE. (A) The use of any premises of the village in such a manner as to create sewerage thereon not discharged into the sewerage system of the village is hereby declared to be a nuisance. Every water closet or privy connected and used in any building in the area not connected with the sewerage system of the village is hereby declared to be a nuisance, provided that this section shall be inapplicable to premises where connection with the sewerage system is not feasible. Connection with the sewerage system is hereby declared to be feasible as to any premises abutting any street, alley, or other public way or sewer right-of-way in which any lines of the sewerage system of the village exists. (B) The owner of any premises so used as to create sewerage or on which there exists any water closet or privy, or any tenant or other person occupying any such premises is hereby required to cause proper connection to be made with the sewerage system of the village when the connection with the sewerage system of the village shall become feasible. (Ord. 558, passed 179) Penalty, see PENALTY. Any person violating the provisions of this chapter for which no specific penalty is provided shall be subject to the terms of TITLE VII: TRAFFIC CODE Chapter 70. GENERAL PROVISIONS 71. SNOW ROUTES APPENDIX: MAPS OF SNOW ZONES 72. TRAFFIC RULES 73. PARKING REGULATIONS 74. TRAFFIC SCHEDULES 75. PARKING SCHEDULES CHAPTER 70: GENERAL PROVISIONS Section Adoption of Illinois Vehicle Code by reference Weight limits established Pedestrians on village streets or highways Penalty ADOPTION OF ILLINOIS VEHICLE CODE BY REFERENCE. (A) Definitions adopted. The Illinois Vehicle Code, ILCS Ch. 625, Act 5, through 1-229, inclusive, entitled Title and Definitions, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the village, except for the penalties contained therein. (B) Certificates of title and registration of vehicles. The Illinois Vehicle Code, ILCS Ch. 625, Act 5, through and through 3-917, inclusive, entitled Certificates of Title and Registration of Vehicles, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if set out at

81 length herein, and the provisions thereof shall be controlling within the corporate limits of the village, except for the penalties contained therein. (C) Anti-theft. The Illinois Vehicle Code, ILCS Ch. 625, Act 5, through 4-213, inclusive, entitled Anti-Theft Laws and Abandoned Vehicles, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the village, except for the penalties contained therein. (D) Dealers, transporters, wreckers and rebuilders. The Illinois Vehicle Code, ILCS Ch. 625, Act 5, through 5-801, entitled Dealers, Transporters, Wreckers and Rebuilders, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the village, except for the penalties contained therein. (E) Driver licensing law. The Illinois Vehicle Code, ILCS Ch. 625, Act 5, through 6-708, entitled Violation of License Provisions, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the village, except for the penalties contained therein. (F) Illinois safety responsibility law. The Illinois Vehicle Code, ILCS Ch. 625, Act 5, to 7-503, entitled Illinois Safety Responsibility Law, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the village, except for the penalties contained therein. (G) Owners of for-rent vehicles for hire. The Illinois Vehicle Code, ILCS Ch. 625, Act 5, to 9-110, entitled Owners of For-Rent Vehicles for Hire, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the village, except for the penalties contained therein. (H) Civil liability. The Illinois Vehicle Code, ILCS Ch. 625, Act 5, to , entitled Civil Liability, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the village, except for the penalties contained therein. (I) Rules of the road. The Illinois Vehicle Code, ILCS Ch. 625, Act 5, to , entitled Rules of the Road, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the village, except for the penalties contained therein; provided however, that any person entering a plea of guilty to, or being found guilty of the offense of Persons Under the Influence of Intoxicating Liquor or Narcotic Drugs, or Driving Under the Influence of Alcohol, Other Drug, or Combination Thereof, ILCS Ch. 625, Act 5, et seq., and adopted by reference herein, shall be guilty of a Class A Misdemeanor as defined in ILCS Ch. 730, Act 5, 5-8-3, and ILCS Ch. 730, Act 5, (J) Equipment of vehicles. The Illinois Vehicle Code, ILCS Ch. 625, Act 5, through , entitled Equipment of Vehicles, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if

82 set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the village, except for the penalties contained therein. (K) Inspection of vehicles. The Illinois Vehicle Code, ILCS Ch. 625, Act 5, et. seq., entitled Inspection of Vehicles, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the village, except for the penalties contained therein. (L) Size, weight, load and permits. The Illinois Vehicle Code, ILCS Ch. 625, Act 5, through , entitled Size, Weight, Load and Permits, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the village, except for the penalties contained therein. (M) Enforcement, et al. The Illinois Vehicle Code, ILCS Ch. 625, Act 5, and , entitled Parties to a Criminal Case, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the village, except for the penalties contained therein. (N) Child passenger protection act. The Illinois Vehicle Code, ILCS Ch. 625, Act 25, 1 through 9, entitled Child Passenger Protection Act, as passed, approved and as may be amended from time to time by the Illinois General Assembly, is hereby adopted by the village as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the village, including the penalty provisions therein. (O) Police to enforce ordinance. It shall be the duty of every officer of the Police Department, and every Cahokia Deputy Marshal when so authorized by the Chief of Police of the village, to enforce the provisions of this section. (Ord. 673, passed ) Penalty, see WEIGHT LIMITS ESTABLISHED. No vehicle shall be operated, unladen or with a load, upon any public street in the village if the vehicle, together with the load thereon, weighs in excess of 16,000 pounds. (Ord. 415, passed ) Penalty, see PEDESTRIANS ON VILLAGE STREETS OR HIGHWAYS. (A) Where a sidewalk is provided and its use practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (B) Where a sidewalk is not available, any pedestrian walking along and upon a street or highway shall walk only on a shoulder, as far as practicable from the edge of the roadway. (C) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a street or highway shall walk as near as practicable to an outside edge of the street or highway, and, if on a two-way street or roadway, shall walk only on the left side of the roadway and in such manner as to not interfere with the normal flow of vehicle traffic. Any person walking along and upon a street or highway shall do so as quickly as possible and avoid standing on the street or highway. Standing on a street or highway is prohibited. (D) Except as otherwise provided in ILCS Ch. 625, any pedestrian upon a village street or highway shall yield the right-of-way to all vehicles upon the roadway. (E) No person shall consume or possess any alcoholic liquor other than in the original container with the seal unbroken while along and upon a village street or highway or private

83 parking lot without the permission of the Village President. Alcoholic liquor is as defined in of this code. (Ord. 864, passed ) Penalty, see PENALTY. Whoever violates any provision of this traffic code for which another penalty is not specifically provided shall be fined not more than $750 for each and every violation thereof, and every day the violation continues shall constitute a separate offense. Cross-reference: Code Enforcement, see Ch. 33 CHAPTER 71: SNOW ROUTES Section Definitions Jurisdiction Snow removal policy; implementation Snow zones; work units Parking prohibited during snow emergency Appendix: Maps of snow zones DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SECONDARY STREETS. Any street not classified as a snow route, with a snow removal priority that is based on time and opportunity to remove it. SNOW EMERGENCY. A snow accumulation that exceeds two inches shall be known as a snow emergency. SNOW ROUTES. Major arterial streets and subdivision outlets, having top priority for snow removal listed on the Appendix following this chapter, by reference incorporated herein and made a part hereof, and the plat thereof designated. (Ord. 616, passed ) JURISDICTION. (A) Streets and roads included by this chapter are those streets and roads over which the village has responsibility of maintenance and/or plowing. The village shall have no responsibility with respect to the following streets: (1) State. Illinois Route 3; Illinois Route 157; and I-255 Frontage Road; and (2) County. Judith Lane; Falling Springs Road; Upper Cahokia Road; Cargill Road, and Jerome Lane from Illinois Route 3 to Upper Cahokia Road. (B) The village by necessity will plow the following county and state roads: (1) Upper Cahokia Road to the village limits; (2) Falling Springs Road to the village limits; (3) Jerome Lane (from Illinois Route 3 to Upper Cahokia Road); and (4) I-55 Frontage Road to the village limits. (Ord. 616, passed ) SNOW REMOVAL POLICY; IMPLEMENTATION. (A) Snow removal policy.

84 (1) Non-snow emergency (two inches or less accumulation). The village will not plow snow with the exception of intersections, Fire Stations, Police Department, ambulance entrances, and railroad crossings, unless otherwise directed by the Board of Trustees. (2) Snow emergency (accumulation in excess of two inches). For the purposes of handling of a snow emergency, the village has been divided into eight zones to facilitate the removal of snow accumulation. The following are the policies concerning snow removal: (a) Snow routes in each zone are to be cleared first; (b) All streets other than snow routes are secondary and are to be cleaned after the snow routes have been cleaned; (c) In case of a breakdown of any of the equipment in a zone, the equipment in an adjacent zone will have responsibility of enlarging its territory to cover the zone where a breakdown occurs; and (d) In case of equipment breakdown, the units from the adjacent zone giving support will plow the snow routes of both zones as directed by the Superintendent of Street; (B) Snow removal plan implementation procedures. The snow removal plan implementation procedures shall be as follows: (1) Two inches of snow or less accumulation: by the village crew/village-wide; (2) Two to four inches of snow accumulation: village crews/village-wide on the snow route program in effect; and (3) Four inches or more of snow accumulation: village crews in zones. (Ord. 616, passed ) SNOW ZONES; WORK UNITS. The following shall be Snow Zones and designated Work Units: (A) Zone 1: Village Unit 112 and John Deere 410; (B) Zone 2: Village Unit 111 and John Deere 310; (C) Zone 3: Village Unit 112 and John Deere 410; (D) Zone 4: Village Road Grader; (E) Zone 5: Village Unit 111 and John Deere 310; (F) Zone 6: Unit 100; (G) Zone 7: Unit 100; and (H) Zone 8: Unit 100. (Ord. 616, passed ) PARKING PROHIBITED DURING SNOW EMERGENCY. An emergency is automatically declared to exist within the village whenever there is an accumulation of snow or ice of two inches or more, at which time a parking prohibition shall automatically become effective throughout the village in accordance with the provisions of this section. (A) It shall be unlawful for any person to park, or allow to remain parked or unattended, any vehicle on any designated snow route set forth in the Appendix until the streets have been cleared of snow. (B) A vehicle that is parked and/or unattended when there is an accumulation of snow or ice of two inches or more shall be prima facie evidence of violation of this section by the person in whose name the vehicle is registered.

85 (C) Members of the Police Department are authorized to ticket, pursuant to this section, any vehicle parked and/or unattended in violation of this section, and if the Superintendent of Streets deems it necessary to effectuate snow removal operations, may have the vehicle removed. (E) When the parking prohibition of this section becomes effective upon the occurrence of certain weather conditions, it shall take precedence over all provisions of law normally in effect, except that it shall not take precedence over provisions of law relating to traffic accidents, emergency travel of authorized emergency vehicles, or emergency vehicles, or emergency traffic direction by a Police Officer. (Ord. 616, passed ) Penalty, see APPENDIX: MAPS OF SNOW ZONES ZONE 1 ZONE 2

86 ZONE 3

87 ZONE 4

88 ZONE 5

89 ZONE 6

90 ZONE 7

91 ZONE 8

92 (Ord. 616, passed ) CHAPTER 72: TRAFFIC RULES Section Irresponsible Operation Danger to persons or property Speed Limits Definitions General speed restrictions Special speed limitations on elevated structures Emergency vehicles Violations IRRESPONSIBLE OPERATION DANGER TO PERSONS OR PROPERTY. It shall be unlawful to operate any vehicle in the village with a wilful and wanton disregard for the safety of persons or property or so as to unnecessarily endanger life or property. (Ord. 134, passed ) Penalty, see SPEED LIMITS DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All other words used in this subchapter shall