Ordinance 1975-07 r FHD:GKH/mdo
ORDINANCE NO. : TO AMEND AN ORDINANCE
TO REGULATE THE CONNECTIONS TO SANITARY SEWER
MAINS IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE,
ILLINOIS
WHEREAS , the UNITED CITY OF THE VILLAGE OF YORKVILLE,
by and through the City Council, has considered the effect
of storm water surface drainage into and through its sanitary
sewer system and the effects thereof upon the sanitary disposal
plant; and
WHEREAS , the UNITED CITY OF THE VILLAGE OF YORKVILLE,
by and through the City Council, has considered the contribution
of such storm water to the sanitary sewer system and disposal
plant and considers it to be harmful to the public health
of the residents of the UNITED CITY OF THE VILLAGE OF YORKVILLE.
BE IT ORDAINED by the UNITED CITY OF THE VILLAGE OF
YORKVILLE that Section 1 of An Ordinance to Regulate the
Connections to Sanitary Sewer Mains in the UNITED CITY OF THE
VILLAGE OF YORKVILLE be and the same is amended to read as
follows :
"Section 1. That the sanitary sewer system of
the UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS, herein-
after referred to as "CITY" , is designated to carry off
all liquid house wastes , and it shall be unlawful for any
person, firm or corporation to hereafter connect, or cause
to be connected, any storm water sewer with such sanitary
sewer, or any part thereof, or to lead, conduct or carry,
or cause, suffer or permit to be held, conducted or carried
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any such storm water or surface drainage into or through
such sanitary sewer, or any sanitary sewage into or through
any storm water sewer or into the Fox River, or any other
stream within the corporate limits of the City, or to connect
or cause to be connected, in whole or in part, any such
sanitary sewer or storm water sewer. It is further declared
the public policy of the UNITED CITY OF THE VILLAGE OF YORKVILLE
that any such connections are harmful to the public health
of the residents of the UNITED CITY OF THE VILLAGE OF YORKVILLE,
and that all of such connections shall be disconnected by
the property owners of any building, dwelling or any other
place that is not, on the effective date of this Ordinance,
complying with the terms and provisions of this Ordinance
to Regulate the Connections to Sanitary Sewer Mains in the
UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS , and it
shall be the affirmative duty of all such owners to disconnect
such sewers within sixty (60) days from the effective date
of this Ordinance, provided, however, that if any such owner
shall produce satisfactory evidence to the City Council
that he cannot comply with the terms of this Ordinance,
then the City Council, in its discretion, may grant to such
person or party such extension of time as the City Council
shall deem necessary and proper . "
BE IT FURTHER ORDAINED by the City Council of
the UNITED CITY OF THE VILLAGE OF YORKVILLE that the Ordinance
to Regulate the Connections to Sanitary Sewer Mains in the
UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS shall be
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further amended by adding the following:
"Section 10 . If the Superintendent of Streets and
Alleys shall determine that any industry, garage, place of
business , residence or other place, or the occupant and/or
owner of any building, dwelling or other place is not complying
with the terms and provisions of this Ordinance, then the
Superintendent, or other authorized representative of the
City, shall serve, or cause to be served, upon such person
not complying with the terms of this Ordinance a notice in
writing, stating and setting forth therein in what regard
said person or parties are failing to comply with the terms
and provisions of this Ordinance, and further notifying
such person that within sixty (60) days from the receipt
of such notice, he shall cease to discharge such storm or
surface water, waste, industrial waste or other liquids and
solids , as prohibited by this Ordinance as amended. "
"Section 11 . The notice or notices herein provided
for may be given either by registered mail or by personal
service, and the affidavit of the Superintendent of Streets
and Alleys , or his duly authorized agent or representative,
as to the mailing or serving of such notice or the registered
mail receipt of such person therefor shall be prima facie
evidence for the receipt of such notice by such person or
party. "
"Section 12 . The terms and provisions of this
Ordinance shall be binding upon any and all persons and parties ,
whether or not notice has been given by the Superintendent of
Streets and Alleys or his representative to such persons or
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parties to comply with any or all terms or provisions hereof,
and any and all persons or parties failing to comply with any
of the terms hereof, and any and all persons or parties here-
after failing to comply with any of the terms or provisions
of this Ordinance, shall be subject to any and all suits, actions ,
prosecutions , liabilities , fines and penalties provided by law
and, further, for such suits for the collection of the reasonable
charges of the UNITED CITY OF THE VILLAGE OF YORKVILLE for
bringing such persons or parties in compliance with the terms
of this Ordinance, based upon the fair, reasonable and customary
charges for materials and services rendered by the City for and
on behalf of such persons or parties necessary to bring such
persons or parties in compliance with this Ordinance, whether
or not any such persons or parties have been given notice to
comply with the terms and provisions hereof, as herein provided. "
All other provisions of the Ordinance entitled
An Ordinance to Regulate the Connections to Sanitary Sewer
Mains in the UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS
not in conflict with the revisions of this amendment of said
Ordinance are hereby expressly ratified, and all provisions
inconsistent herewith are expressly repealed .
This Ordinance shall be in full force and effect
from and after its passage, approval and publication as
provided by law.
PASSED this day of June, 1975 .
City .,Clerk
SIGNED and APPROVED this day of June, 19:75 .
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